Share to Facebook Share to Twitter Bookmark and Share
File #: RLH TA 19-217    Version: Name: 2140 Bayard Ave
Type: Resolution LH Tax Assessment Appeal Status: Passed
In control: City Council
Final action: 5/22/2019
Title: Ratifying the Appealed Special Tax Assessment for property at 2140 BAYARD AVENUE. (File No. CG1901A4, Assessment No. 190057)
Sponsors: Chris Tolbert
Ward: Special Tax Assessments, Ward - 3
Attachments: 1. 2140 Bayard Ave.City Response Letter.3-15-19, 2. 2140 Bayard Ave.Written Response for Leg Hearing.3-28-19, 3. 2140 Bayard Ave.Minnesota Statute, 4. 2140 Bayard Ave.Quarter 4 Invoice.9-20-18, 5. 2140 Bayard Ave.October Notice of Non-Payment.10-31-18, 6. 2140 Bayard Ave.November Notice of Non-Payment.11-30-18, 7. 2140 Bayard Ave.December Notice of Non-Payment.1-2-19
Related files: RLH AR 19-42
Title
Ratifying the Appealed Special Tax Assessment for property at 2140 BAYARD AVENUE. (File No. CG1901A4, Assessment No. 190057)

Hearing Date(s)
Date of LH: 4/11/2019
Time of LH: 2:30 PM
Date of CPH: 5/22/2019

Tax Assessment Worksheet
Postcard Returned by: Peter Butler
Cost: $ 69.95
Hauling Service(s) Provided: Garbage Service Small Cart Every Other Week; 3 Late Fees; Oct 1 - Dec 31 2018
Garbage Hauler: Aspen Waste Systems
Type of Order/Fee: Garbage Hauling
Billing Time Period: 4th Quarter 2018 (Oct 1 - Dec 31)
Invoice Date(s): Oct - 10/31/2018 / Nov - 11/30/2018 / Dec - 1/2/2019
Returned Mail/Notice Concerns?:
Stated Reason for Appeal (if given): City has no authority to assess on behalf of a private company
Staff Comments: Under citywide garbage service, all residential properties with up to four units, including rental homes and townhomes, are required to have a garbage cart and receive garbage service for each dwelling unit. Property owners must provide garbage service for all occupied dwellings. There is no option to opt out of the citywide garbage service. The City is operating under a signed contract under state statute.


Body
WHEREAS, the Office of Financial Services Real Estate Section has attached to this Council File both a report of completion outlining the costs and fees associated with Trash Hauling during Collection of Delinquent Garbage Bills for services during October to December 2018. (File No. CG1901A4, Assessment No. 190057) and the assessment roll including all properties for which these assessments are proposed for Council ratification; and

WHEREAS, the City Council’s Legislative Hearing Officer has reviewed an appeal of this assessment and developed a recommendation for the City Council with respect to this assessment; and

WHEREAS, a public hearing having been conducted for the above improvement, and said assessment having been further considered by the Council and having been considered financially satisfactory; Now, Th...

Click here for full text
Date NameDistrictOpinionCommentAction
5/22/2019 7:00 PMEric Lein Against ••ORD 18-39 was not effective until October 10, 2018. ••ORD 18-39 was “suspended in its operation” (per City Charter Sec. 8.05) when the City Council adopted Resolution 18-1922, “Finding the Petition for a referendum of ORD 18-39 is legally sufficient…” ••ORD 18-40 has been suspended since October 2018. Language in force says: “…This section shall not preclude a****ing property owners from cooperating for arranging for collection services from a licensed hauler, nor other arrangements for reasonable interruption of service.” ••The City and haulers have not complied with MN Stat. Chapter 443. Rates fail to take into account the character, kind & quality of service, of rubbish & method of disposition. Rates fail to take into account the number of people served. ••Charges and ***essments for 1, 2, 3 or 4 unnecessary empty trash carts exceed the benefits to the property and violate MN Stat. Chapter 429 and City Charter Chapter 14. ••Invalid Garbage Contract signed after deadline.