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File #: RLH TA 19-265    Version: Name: 2126 Highwood
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 2126 HIGHWOOD AVENUE. (File No. CG1901E2, Assessment No. 190068)
Sponsors: Jane L. Prince
Ward: Special Tax Assessments, Ward - 7
Attachments: 1. 2126 Highwood Ave.City Response Letter.3-15-19, 2. 2126 Highwood Ave.December Notice of Non-Payment.12-31-2018
Related files: RLH AR 19-63
Title

Ratifying the Appealed Special Tax Assessment for property at 2126 HIGHWOOD AVENUE. (File No. CG1901E2, Assessment No. 190068)

Hearing Date(s)

Date of LH: 5/16/2019

Time of LH: 10:30AM

Date of CPH: 6/12/2019

Tax Assessment Worksheet

Postcard Returned by: Micaela Douglas

Cost: $ 198.52

Hauling Service(s) Provided: Garbage Service for 1 Medium and 1 Large Cart; Oct 1 - Dec 31 2018

Garbage Hauler: Waste Management

Type of Order/Fee: Garbage Hauling

Billing Time Period: 4th Quarter 2018 (Oct 1 - Dec 31)

Invoice Date(s): Oct - MISSING / Nov - MISSING / Dec - 12/31/2018

Returned Mail/Notice Concerns?:

Stated Reason for Appeal (if given): Nothing is owed at this time in light of the recently-submitted petition.  The city must legislate in good faith and carry out its obligations under the charter.  The ordinance must be temporarily suspended and submitted to a referendum.  If it passes after a referendum, I will happily pay whatever is owed.  If it does not pass, I owe nothing.  I owe nothing in the meantime since the ordinance should be suspended in operation.  I recommend we put this issue on hold until Clark v. St. Paul is decided.

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 Collection of Delinquent Garbage Bills for services during October to December 2018. (File No. CG1901E2, Assessment No. 190068) and the assessment roll including all properties for which these assessmen...

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Date NameDistrictOpinionCommentAction
6/12/2019 9:42 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.