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HomeMy WebLinkAbout5.C.1. Declaring the Amount to be Assessed for Deliquent Refuse BIlls-Res. No. 7042~~ V 8 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT Declaring Amount to be Assessed for Delinquent Refuse bills, Resolution No. 7042 DATE: September 21, 2010 INTRODUCTION: CONSENT The City Council is asked to adopt Resolution No. 7042; to assess delinquent refuse customers. 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. 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 $86,075.19 for services rendered in the City of Shakopee. 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. All residents on the list owe more than $100 delinquent in their garbage bill. 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 No.'s 5954, 5596, 6679, 6810 and 6938 assessing delinquent refuse customers for Dick's Sanitation, and to date, the program has worked well. 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. Bud eft Impact: The $45.00 delinquent charge would be revenue to cover the administrative costs; therefore, there is no impact on the budget. RECOMMENDATION: Staff recommends that City Council assess all delinquent 2010 refuse customers and charge a $45.00 fee to cover City administrative costs. ACTION REQUESTED: 1. Offer Resolution No. 7042, A Resolution Declaring the Amount to be Assessed, Ordering the Preparation of Proposed Assessments, and Setting the Public Hearing Date for Delinquent Refuse Bills, and move its adoption. 2. Direct a $45.00 administrative fee penalty be added to assessment amounts for City costs. Bruce Loney, Public Works Director BL(pmp ENGR/2010-PROJECTS/2010-GARBAGFaMEM7042-DECLARING-ASSESSMENTS-GARBAGE RESOLUTION N0.7042 A Resolution Declaring The Amount To Be Assessed, Ordering the Preparation Of Proposed Assessments, And Setting The Public Hearing Date For Delinquent RefuseBills 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 $106,505.19. 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 19th day of October 2010, 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 , 2010. Mayor of the City of Shakopee ATTEST: City Clerk ENGR/2010PRO7ECTS(2010-GARBAGE/RES7042-DECLARINGASSESSMENTS