HomeMy WebLinkAbout5.D.1. Declare the Amount to be Assessed and Set Public Hearing for Delinquent Refuse Bills-Res. No. 7123 5
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. 7123
DATE: September 20, 2011
INTRODUCTION:
The City Council is asked to adopt Resolution No. 7123, 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 $60,157.67 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.
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, 6938
and 7054 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.
Budget 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 2011 refuse customers and
charge a $45.00 fee to cover City administrative costs.
ACTION REQUESTED:
1. Offer Resolution No. 7123, 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.
ruce Lone .E.
Public Works Director
ENGR/2011- PROJECTS /2011- GARBAGE/MEM 123 - DECLARING -ASSES SMENTS- GARBAGE
RESOLUTION NO. 7123
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 $60,157.67.
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 18th day of October 2011, 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 , 2011.
Mayor of the City of Shakopee
ATTEST:
City Clerk
ENGR/2011PROJECTS/ 2011- GARBAGE/RES7123 -- DECLARING - ASSESSMENTS