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File #: RLH TA 19-410    Version: Name: 1485 VAN BUREN AVENUE
Type: Resolution LH Tax Assessment Appeal Status: Passed
In control: City Council
Final action: 6/12/2019
Title: Ratifying the Appealed Special Tax Assessment for property at 1485 VAN BUREN AVENUE. (File No. CG1901D2, Assessment No. 190064)
Sponsors: Mitra Jalali Nelson
Ward: Special Tax Assessments, Ward - 4
Attachments: 1. 1485 Van Buren Ave.October Notice of Non-Payment.10-31-18, 2. 1485 Van Buren Ave.November Notice of Non-Payment.11-30-18, 3. 1485 Van Buren Ave.December Notice of Non-Payment.1-2-19
Related files: RLH AR 19-66
Title
Ratifying the Appealed Special Tax Assessment for property at 1485 VAN BUREN AVENUE. (File No. CG1901D2, Assessment No. 190064)

Hearing Date(s)
Date of LH: 5/23/2019
Time of LH: 10:30AM
Date of CPH: 6/12/2019

Tax Assessment Worksheet
Postcard Returned by: Tom Frantzen
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): I generate no trash or recycling at my property so I am being charged for receiving no service ..I keep the garbage & recycling containers in my garage.

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 property owner is responsible for paying the outstanding charge, as garbage service was provided from October through December 2018. The property owner is currently using a 35-gallon Small Every Other Week cart, which is the least expensive service level available under this program.

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 Collection of Delinquent Garbage Bills for services during October to December 2018. (File No. CG1901D2, Assessment No. 190064) 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 an...

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Date NameDistrictOpinionCommentAction
6/12/2019 9:58 AMEric Lein Against • ORD 18-39 (Chapter 220) should have been “suspended in its operation” (per City Charter Sec. 8.05) when the City Council adopted Resolution 18-1922 on November 14, 2018, “Finding the Petition for a referendum of ORD 18-39 is legally sufficient….” No trash bills are owed at this time in light of the properly-submitted and legally sufficient Petition. The city must legislate in good faith and carry out its obligations under the Charter. Petitioners filed a lawsuit in district court on February 7, 2019. On May 30, 2019, Judge Castro ruled that, “THE CITY COUNCIL DID NOT PROPERLY EXERCISE ITS AUTHORITY IN REFUSING TO HAVE ORDINANCE 18-39 PLACED ON THE BALLOT.” All collection activities and pending aszessments must be put on hold and/or laid over until: (1) The lawsuit, Clark vs. City of St. Paul, is decided pursuant to any and all appeals; and (2) Ord 18-39 is approved by voters in a referendum.