HomeMy WebLinkAbout4.C.5. Declaring the Amount to be Assessed, Ordering the Preparation of Proposed Assessments, and setting the Public Hearing Date for Delinquent Refuse Bills, Res. No. 7354 Consent Business 4. C. 5.
SHAKOP E
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
DATE: 09/17/2013
SUBJECT: Declaring the Amount to be Assessed, Ordering the Preparation of Proposed
Assessments, and Setting the Public Hearing Date for Delinquent Refuse Bills, Res.
No. 7354 (E)
Action Sought
Adopt Resolution No. 7354, A Resolution Declaring the Amount to be Assessed, Ordering the
Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent Refuse
Bills; also directs a $45 administrative fee penalty to be added to assessments amounts for City
costs.
Background
City Council entered into an agreement for refuse services with Dick's Sanitation in November
2000 and renewed in 2004 for the years 2006 to 2011, then renewed an extension agreement in
March of 2010 from 2011 through May 31 st, 2014 As part of this agreement, Dick's Sanitation
is prohibited from pulling any refuse containers, despite nonpayment, and follows the payment
collections program developed with City staff.
To date, Dick's Sanitation has been unable to collect $83,028.37 for services rendered in the City
of Shakopee including Dick's Administrative Fees of$20 per parcel. Many of these residents
have never paid a refuse bill to Dick's Sanitation. It is unlikely that some residents will pay their
refuse bill, without some type of"incentive" either 1) denial of service (removal of container) or
2) assessment on property tax.
Dick's Sanitation does not have the luxury to deny refuse service, according to their contract, and
City staff would not encourage it either. By denying service, it gives residents the opportunity to
dispose their trash illegally and cause city inequities and sanitary problems.
In this past year, Dick's Sanitation has been sending notices to property owners who rent via
e-mails, phone calls, faxes or letters on delinquent bills from their renters. This has addressed the
issue of property owners not knowing of a future assessment due to renters non-payment.
In previous years, City Council approved Resolution's assessing delinquent refuse customers for
Dick's Sanitation, and to date, the program has worked well. Also, in previous years, Dick's has
included a $50 fee attached to the first round of delinquent garbage bills. This year they are
splitting that cost and charging $20 with this first round and an additional $30 if the assessments
are not paid and become levied.
In following with other City assessment policies (storm drainage), staff recommends that each
delinquent resident be charged a $45.00 fee, in addition to the County assessment charges, to
cover the City's administrative costs.
Recommendation
Staff recommends that City Council assess all delinquent 2013 refuse customers and charge a
$45.00 fee to cover City administrative costs.
Budget Impact
The $45.00 delinquent charge would be revenue to cover the administrative costs; therefore, there
is no impact on the budget.
Relationship to Vision
This supports Goal E: Deliver effective and efficient public services by a staff of well-trained,
caring, and professional employees.
Requested Action
Adopt Resolution No. 7354, A Resolution Declaring the Amount to be Assessed, Ordering the
Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent Refuse
Bills; also directs a $45 administrative fee penalty to be added to assessments amounts for City
costs.
Attachments: Resolution No 7354
RESOLUTION NO. 7354
A Resolution Declaring The Amount To Be Assessed,
Ordering the Preparation Of Proposed Assessments,
And Setting The Public Hearing Date
For Delinquent Refuse Bills
WHEREAS, the City of Shakopee contracted with Dick's Sanitation, Inc. to
provide garbage and recycling services to the residents of the City of Shakopee; and
WHEREAS,Dick's Sanitation,Inc.billed their customers for this service; and
WHEREAS, some customers are delinquent in paying the amount owed for the
service provided by Dick's Sanitation, Inc; and
WHEREAS, the contract the City of Shakopee has with Dick's Sanitation, Inc.
does not allow Dick's Sanitation, Inc. to halt service due to non-payment; and
WHEREAS,Minnesota Statues, Section 443.015 and Section 3.15, Subdivision 7
of the City Code authorizes the City to collect payment from delinquent refuse and
recycling accounts by way of Special Assessments to the properties that are delinquent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE,MINNESOTA:
1. The total amount to be certified for all delinquent accounts is $83,028.37
2. City staff shall calculate the proper amount to be certified for each delinquent
account within the City of Shakopee, as provided by law, and keep a copy of
such proposed assessment in City Hall for public inspection.
BE IT FURTHER RESOLVED:
1. That a hearing shall be held on the 15th day of October 2013,in the Council
Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed
assessments and at such time and place, all person owning property affected by
such delinquent accounts and proposed assessments will be given an
opportunity to be heard with reference to such assessment.
2. That the City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published once in the official newspaper of the
City of Shakopee at least two weeks prior to the hearing and shall state in
the notice the total amount to be certified as delinquent. A mailed notice of
such hearing shall be given the owner of each parcel described in the
assessment roll not less than two weeks prior to the hearing.
Adopted in session of the City Council of the City of
Shakopee,Minnesota,held this day of , 2013.
Mayor of the City of Shakopee
ATTEST:
City Clerk
ENGR/2013PROJECTS/20132-GARBAGE/RES7354-DECLARING-ASSESSMENTS