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HomeMy WebLinkAbout15.C.1. seclare Amount to be Assessed and Set Hearing for Delinquent Refuse Bills-Res. No. 6129 IS, C. Il CITY OF SHAKOPEE Memorandum ca~~~r~~r '. ;f;., }" . ., '''_'. i(;~", t: " ~1 th l~~ ~ r.~~ ,:;'\1. " ' TO: Mayor & City Council ' 'ilI'ti1' '~~~ " Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessments for Delinquent Refuse Customers DATE: October 19, 2004 INTRODUCTION: The City Council is asked to adopt Resolution No. 6129, to assess delinquent refuse customers. BACKGROUND: City Council entered into an agreement for refuse services with Dick's Sanitation in November 2000. 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 $25,075.41 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 October, 2002 and 2003, City Council approved Resolution No.'s 5596 and 5954, respectively, 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. Last year a fee of $40.00 was added to the refuse bills to cover administrative costs. Bud2:et 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 2004 refuse customers and charge a $45.00 fee to cover City administrative costs. ACTION REQUESTED: 1. Offer Resolution No. 6129, 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 assessment penalty be added to assessment amounts for City administrative costs. ~om Public work. irector BUpmp ENGRlEMPLOYEEFOLDERlPPENNINGTON/GARBAGElMEM6129 RESOLUTION NO. 6129 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 Shako pee; 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 h_~ .........." 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 accofults is $25,075.41. 2. The City Clerk shall calculate the propertyamountto'be certified for each delinquent account within the City of Shako pee, as provided by law, and keep a copy of such proposed assessment in here office for JlHblic inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 16th day of November, 2004, 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 ofthe hearing on the proposed assessment to be published once in the official newspaper ofthe City of Shakopee at least two weeks prior to the hearing and she shall state in !he notic~._the total amount to be certified as delinquent. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session ofthe City Council of the City of Shakopee, Minnesota, held this day of ,2004. Mayor of the City of Shako pee ATTEST: City Clerk ENGRlEMPLOYEEFOLDERlPPENNlNGTON/GARBAGElRES6129 _....- . / <:c- J '~ REVISED RESOLUTION NO. 6129 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 Shako pee; 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 $29.710.41. 2. The City Clerk shall calculate the property amount to be certified for each delinquent account within the City of Shako pee, as provided by law, and keep a copy of such proposed assessment in here office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 16th day of November, 2004, 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. , 'I 2. That the City Clerk is hereby directed to cause a notice ofthe 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 she shall state in the notice the total amount to be certified as delinquent. She also shall cause mailed notice of such hearing to 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 ,2004. Mayor of the City of Shako pee ATTEST: City Clerk ENGRlEMPLOYEEFOLDERlPPENNINGTONIGARBAGElRES6129