Memo Special Assessment Delinquent Bill Appeal 425 Madison Ave
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CITY OF HOPKINS
MEMORANDUM
DATE:
September 14, 1992
Honorable Mayor and Councilmembers t ~~
John E. Schedler, Finance Director (;0
Special Assessment Delinquent utili Bill
Appeal 425 Madison Ave. No.
TO:
FROM:
SUBJECT:
Basis for special assessment:
HOPKINS CITY CODE
section 605.01 Subd.5. ItBasic Service It means the weekly Refuse
and Recycling Service provided by. the city or city authorized
contractor.
Section 605.02 Mixed Municipal Solid Waste Collection and
Disposal Services. SUbdivisionl. city Authoritv. The City
shall have the authority to require that all owner(s) or
occupants(s) of any properties; including residential dwell-
ing(s), multiple-family dwelling(s), commercial building(s) and
insti tutional building (s) , provide or contract to provide
services for the collection and disposal of mixed municipal solid
waste which accumulates on said property as required by state
statute and in accordance with the specific methods defined and
hereinafter set forth as follows:
a) City Service Area. The city shall have the
exclusi veauthori ty to provide or contract to provide services
for. the collection and disposal of all mixed municipal solid
waste and to provide a separate collection for. recyclable
materials within the City Service Area. Charges for such
services are established by council resolution. It is mandatory
that all properties wi thin the City Service Area, have basic
service, and be charged accordingly per Section 605.04.
Section 605.04 Charaes for Collection bv the citv. The charges
for all collection services performed by or contracted for the
city shall be charged by and paid to the City upon billing at
rates as set forth by council resolution. Property owners shall
be liable to the City for all bills accruing through the use of
refuse services provided to that property whether the same be
personally used by said property owner, or the property owners
renter, or lessee, or any other occupant of the premises. The
fee(s) for basic .service shall be charged to all property owners
within the city Service Area whether or not service is used
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unless service is cancelled through notification of the city's
finance department. Terms of which are governed by the rules,
regulations and procedures designated by the city.
These laws were enacted to provide for the health and safety of
all Hopkins residents and commerical endeavors. The city of
Hopkins made these decisions in order to provide an. economical
and environmentally safe method of waste disposal for all
residents.
Refuse service has been available to 425 Madison Ave. No. during
the entire period for this current assessment. When Mr. Dahlberg
returned the City refuse container to the garage, the Public
Works Director wrote him a letter stating the ordinance requires
all residents to use the city refuse service and must pay for the
service wh~ther or not the resident avails himself of the
service.
Mr. Dahlberg has appealed special assessments for this exact same
. situation the last two years. Prior appeals have been denied.
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CITY OF HOPKINS
MEMORANDUM
DATE:
September 25, 1992
TO:
Mayor and City Council (~
Lee Gustafson, Public Works Director~
Special Assessment Delinquent Utility Bill Appeal -
Douglas Dahlberg, 425 Madison Avenue North
FROM:
SUBJECT:
The special assessments that Mr. Dahlberg is appealing is for the
period of July 31, 1991 through April) 1992. All delinquent
utility bills prior to this period have been certifiedy.".and as
such~ Council should concentrate on the current period containing
the delinquent utility bills.
Mr. Dahlberg is contending in his letter that the city did not.
deliver a container to his home until August 26, 1991 after it
was picked up in February 1990 for non-payment. ci ty records
indicate that a container was dropped off at this residence in
April of 1990, and a second container was dropped off in August
of 1991. If we disregard the dispute of the first container that
was dropped off, everyone can agree that Mr. Dahlberg did in fact
. have a container at his residence at basically the same time the
current delinquent utility bill period began. Staff therefore
feels that only the following two factors should be considered
when reviewing this appeal.
o Mr. Dahlberg had a refuse container at his residence at
basically the beginning of this delinquent utility bill
period.
o Mr. Dahlberg returned the container to Public Works on
November 22, 1991 with specific instructions not to drop it
off at his residence again. He further stated that he would
just return the container to Public Works again if we
returned it. Mr. Dahlberg gave the city these instructions
knowing full well that he would be assessed for the refuse
services whether or not he used them since he had just been
assessed for the previous years refuse service that he was
delinquent in paying for.
Based on these two facts, staff strongly recommends that Council
deny Mr. Dahlberg's appeal. Mr. Dahlberg had a mandatory service
available for his use, and chose not to use it even though
payment is still required by ordinance.
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C I T Y
o F
H OP KIN S.
September 16, 1992
Mr. Douglas Dahlberg
425 Madison Ave. North
Hopkins, MN 55343
SUbject: Special Assessment for 425 Madison Avenue North
P.I.D. #19-117-21 22 0034
Dear Mr. Dahlberg:
On September 15, 1992 Council voted unanimously to deny your
appeal for an assessment on a delinquent utility bill. The
basis for this decision was that you have had a mandatory
trash collection service available for your use, and,
although not choosing to use this service, the city's trash
collection ordinance nevertheless requires resident payment.
Robin Robertson
special Assessment Clerk
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1010 First Street South Hopkins, Minnesota 55343
Phone: 612-935-8474 Fax: 612-935-1834
An Equal Opportunity Employer
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MEMBER BROKER
M.B. HAGEN
REALTY
SINCE 1918
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1014 Mainstreet
Hopkins. MN 55343
Office: (612) 938.7681
Fax: (612) 938-1102
(800) 726. n20
G CORPORATE OFFICES
~SURANCE
.SlDENTIAL DEPT.
o COMMERCIAL,
INVESTMENT DEPARTMENT
o CONOOMINIUMfTOWNHOUSE
MARKETING DIVISION &
DISPLAY GENTER
September 15, 1992
Mayor Nelson Berg
Hopkins, Minnesota 55343
RE: 2100 Mainstreet
Ouneman Property
Dear Mayor Berg:
Confirmlng our telephone conversation today, r am writing
as agent for Ken Duneman and Arita Duneman. .
2100 Mainstreet utility delinquent bill came to my
attention-from the Notice of Assessment Hearing published
September 2, 1992. Knowing there were not utilities to
this piece of land, I called the Engineering Department.
Joe Faucette checked and informed me the bi 11 i ngs were
for eight (8) storm sewer bi1ls-,and the s.ervice charge
was $50.00 per billing. The published bill was invoice
amount $249.79, service charge $400.01, total to be
assessed $649~80. r called Ken Duneman who satd he would
give me a- check to the Ci-ty jn the amount of $249.79 if
that would take care of it. .
- I called Robbin, Assessment Clerk, who said she would check
if service charge could be waived.Shecalled back saying
that it could not. I then called John Shedler, Finance
Director, who informed me that a letter was sent out permitting
payment without a service charge by a certain date in July,
but now policy. set by the Council did not allow waiving
service charges and it _was a lot of work billing del inquent
service charges. '
I called Steve Meilke, City Manager, who was out of town. I
left a call for Jim Genel1ie who called back af~er I talked
to you.
Ken Duneman had been in the hospital earlier this year and
has a serious health problem. He also moved to 934Westbrooke
Way, Unit #2. I gave this new address to Robbin. Ken says
he does not recall receiving a letter from the city.
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Page 2
September 15, 1992
Mayor Nelson Berg
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The Nuisance Abatement assessment of $36,205.89, reported in the notice,.
we were aware of.
I respectfully request the $400.01 service charge be waived in this instance.
Thank you,
ERA-M.B.H N REALTY
. Dahlber~~
EAO:ckm
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October 1, 1992
Assessment of Utility Bill Appeal
Dunemann Property
Vacant land 2100 Mainstreet
Monthly storm sewer bills have been rendered since October, 1991. This property was missed in
the original storm sewer fee setup in 1989. No back charges were made.
Pat believes a woman called asking about this new billing when it first was received. Pat does not
recall any subsequent calls on this property, No correspondence is in the utility files,
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U,ILIIY BILLING SYSTEM
C06 -CUSTOMER INGUIRY
FIRST NAME KG
LAST NAr1E DUNEMAN
ADDRESS LINE 1 1510 MAINSTREET
ADDRESS LINE .2
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43-0934 41-0 DISPLAY
CURRENT TOTAL DUE
CARRY-OVER CREDIT
An.JUSTMENTS TO APPLY
,CASH TO APPLY
... CURRENT PENALTY CALC.
. ?E1\iAL TY ADJ. . TO APPLY
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ASSESSMENT HEARING APPEAL FORM
PROJECT NO.
. Address of Assessed Parcel 10.7:5
What assessment does this concern
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Property Identification Number:
:25 -L L 2- 2. g 2-.!:L. fl. Q 2 2.
Do you wish to address the City Council at the hearing?
(_> Yes <X> No
Please complete this form if you intend to appeal to the
council to defer, revise or cancel your assessment. This
form. must be completed and filed with the City Clerk no
later than the close of .the C~ty Council assessment hearing.
Your request will become part of the public hearing record.
I request that the City Council consider (check ~ne):
a . {_} *Deferr~l of.. assessment (retired by virtue of
permanent disability)
b. {_}*Senior Citizen deferment. (over 65 years of age)
c. (_) Cancellation of assessment
d. (__) Revision of assessment
Reason for the reques.t:
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October 1, 1992
Assessment of Utility Bill Appeal
Beverson, James
Vacant Lot PIN 25-117-22-24-0022
This property was missed in the initial setup of the storm sewer fee in 1989. The 1991 review of
the accounts prompted the first quarter bill in November, 1991. This is the only utility fee being
charged to this property. No back fees were assessed.
Pat Weigel recalls explaining the fee and why it was only first being billed in November of 1991
when Mr. Beverson called about the initial bill.
If Mr. Beverson made subsequent calls to Pat, she does not recall such calls nor is there a
message form in Patls file that he left a message.
After the June 18, 1992 letter was sent Mr. Beverson made a $50.00 payment to his account o,n
August 21, 1992, and his assessment was reduced to $191.58. A further payment on September
14, 1992, of $50.00 was applied to his current August, 1992 billing.
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C06
-CU:~ fOMER fNGU IRY
FIRST N,c,ME
LAST NAME
.~DDRES5 LINE 1
ADDRESS L!NE 2
CUSTOMER
43-0934 42-0 DI~PLAY
UTILITY BILLING SYSTEM
"':'AMES M
DE'jEF.SON
PO BOX 183
CITY
STATE /
C.e,RRIER
SERVICE
l-lOPj.(, INS
ZIP CODE MN 55843
ROUTE
AiJDRESS 25-117-22-24-0022
3 ANJ.t. NUrrB ER
SPECIAL NUMBER
CUSTOMER STATUS
PENALTY EXEMPT.. N
NER OF STAT. 1
PULL CODE
NOTICE CODE
NBR. OF SERVICES 01
LOCKEDRE.CORD.. N .
PNLTY ADJ. STOP (>
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ClJRRENT TOTAL. DUE
CARRY-OVER CREDIT
AD.J!JSTMENTS TO APPLY
CASH TO APPLY
CURRENT PENAL.TY CALC.
PENALTY ADJ. TO APPLY
59. 90 )
.00
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i. 68.
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RE:C. :-:iINCE LAST BLNG .00
DATE OF LAST RECEIPT 00/00/00
PAYMENT HISTORY 5554554:55555
CURR BILLING ~ NOT_BILLED 05/05/92
LAST MAINTENANCE 02/11/92
B ILL!NG CREDIT
BALANCE FORWARD
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56.40
BUDGET AMOUNT
DEPOSIT Af'10UNT
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ASSESSMENT POLICY DELINOUENT BILLS
Resolution 82-3039 established a policy for certifying delinquent utility and miscellaneous past
due bills.
1. Any bill issued (dated) prior to June 1 shall be assessed if unpaid by July 15th.
2. Written notice shall be mailed to each debtor during June advising them oftrus policy.
3. There shall be a $35.00 service charge on each such delinquent bill.
4. Interest of 1 % per month shall be added.
Adopted by Council on December 7. 1982.
Subsequently, the City Attorney ruled, in September, 1990, that the interest charge was not
enforceable. The service charge was then increased to $50.00 on each delinquent bill by
ORDINANCE 91-680 (second reading 6-18-91) and Resolution 91-79 (adopted 6-18-91) which
set the various fees per Chapter 10 of the City Code.
Each utility bill which remains unpaid as of the due date, noted on each bill, then receives 3 days
after due, a reminder notice with an extended 7 day due date, arid if still unpaid a shut-off notice is
sent allowing another 10 days for payment.
On June 18, 1992, written notices per Resolution 82-3039 were sent to all delinquent accounts
with a copy of their delinquent account and informing the addressee that a $50,00 charge would
be added ifbill was unpaid as of July 15, 1992.
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At this point a great deal of computer and clerical time plus supplies and postage has been
expended to collect a periodic obligation.
The next step includes the utility clerk verifying who has or has not paid and then she gives the
special assessment clerk a list of unpaid accounts. The assessment clerk then' must prepare an
assessment roll, search and record the lengthy legal description and work with the city engineer,
They prepare the hearing resolutions and publish legal notices.
The Finance Director has been monitoring various procedures as they occur.
The assessment hearing seems to raise questions about the logically developed and council
approved policies regarding the fee or need to have City utility services. Waiting until the 11th
hour to offer payment of the bill, but requesting waiving of the assessment fee, puts a financial
cost on to those who made timely payments.
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The fees assessed this year will not cover the added expense and employee1s time. Some years the
fees may cover the added expense if the process is not prolonged by 11th hour appeals. The fee
would still be justified in a punitive sense, that all the good citizens who resolve their problems
when and if they occur and pay their bills in a timely fashion and then must carty. the unpaid
accounts of the few. Also, wasted staff time could be used for much better purposes and better
customer service.
Copies of the various ordinances, resolutions and policy statements are attached.
(10-1-92)
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 82-3039
A RESOLUTION ESTABLISHING POLICY FOR DELINQUENT
BILLS AND SUBSEQUENT ASSESSMENTS
WHEREAS, ce~tain city bills for t~ee removal, utility service, and
other services requested or required, are allowed to become delinquent in
anticipation of a favorable interest rate upon city assessments,
WHEREAS, city assessment policy for construction of improvements was
never intended to benefit those owing delinquent bills,
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HOPKINS,
MINNESOTA, as follows:
1. All bills or invoices dated prior to June 1st of any
year shall be certifiedfo~ assessment 1f unpaid on July 15th
of that yea~.
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2. Written notice shall be mailed to each such debto~ during
the month of June, advising them of this policy.
3. There shall be. a $35.00 service
charge levied on each such
delinquent bill.
4. There shall be an interest charge of 1% per month upon the
invoice amount from 30 days after inVOice date until September
30th of the year following certification.
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Adopted by the Council of the City of Hopkins, Minnesota, this 7th
day of December, 1982.
Robert F. Hiller, Mayor
J. SCOTT RENNE, City Clerk
Joseph Vesely, City Attorney
CERTIFICATION
I hereby certify that the aforegoing resoluti~ is a true and correct copy of the
~solution presented to and adopted by the Hopkins City Council ata duly
~thorized meeting thereof held on.the 7th day of December, 1982 as shown by the
minutes of said meeting in my possession.
~.~Lo1\1&~
J. SCOTT RENNE, City Clerk
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UTILITY BILL COLLECTION POLICY
1: . PURPOSE
1.01 The purpose of this policy is to establish procedures to ensure a. more
timely collection of utility bills.
2. POLICY
2.01 Utility Bills. Utility bills ~ill be sent out on the third working day
of the month; due in 20 days. Payments that are received in the mail will
not be charged a penalty if postmarked before the due date. Payments
received in the night deposit by 8:00 AM the day after the due date will
not be charged a penalty. A penalty of 10% of the water and sewer bill
will be charged if the bill becomes delinquent.
2.02 Reminder Notices. Reminder notices will be sent out three days after the
bills become delinquent; with seven (7) days allowed for payment.
Accounts with a $30.00 or more balance will be included.
2.03 Shut Off Notices. Shut Off notices will be sent out the day after the
due date on the reminder notice; with ten (10) days allowed for payment.
2.04
If the City is not contacted by the customer or has
on the account. the billing clerk will prepare
and request the Water Department to terminate service
the building without any further contact or acceptance
Shut Off Door Tags.
not received payment
shut off door tags
and place the Sag on
of payment.
3. FINANCIAL DIFFICULTY CASES
3.01 Customers may have a 15 day extension and must pay 40% of the bill.
Balance is due in thirty days.
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4. EXTENSIONS
4.01 One extension per household is permitted. If customer fails to meet
deadline. services will be shut off without further notice. No extensions
on extensions. Person calling will be informed of this.
5. SERVICE DISCONTINUATION POLICY
5.01 Refuse service will not be stopped ~ithout the water being shut off and
the refuse cans picked up.* Ir any event. refuse service ~ill not be
stopped for any period of time less than 90 days.
Extra refuse services cannot be changed for any period less than six months.
* If water is not turned off. the City has no way to immediately know when
the residence is again being occupied in order to restore refuse service.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 92-77
~ESOLUTION ADOPTING ASSESSMENTS
MISCELLANEOUS PROJECTS/DELINQUENT UTILITY BILLS AND INVOICES
WHEREAS, pursuant to proper notice published and given as
required by law, the city Council of the City of Hopkins has
met and heard on TUesday, October 6, 1992, and passed upon
all objections to the proposed assessments for miscellaneous
projects, delinquent utility bills and delinquent invoices,
all as more fully set forth and described in Exhibit A
attached to.Resolution No. 92-68 adopted the 18th day of
August, 1992, and
WHEREAS, each of said improvements as set forth in Exhibit A
hereto attached, were presented and considered by said
Council separatly at said meeting anad each separately
accepted and adopted by unanimous vote of said Council,
NOW THEREFORE BE IT RESOLVED by the city Council of the city of
Hopkins as follows:
1. Such proposed assessments, as amended, a copy of which is
attached hereto and made a part hereof and hereby accepted
and shall constitute the special assessments against the
lands therein named and each tract of land therein included
is hereby found to be benefitted by the proposed improvement
in the amount of the assessment levied against it.
2. Such assessments shall be payable in equal, annual
installemtns extending over the periods of years set forth
in Exhibit A, the first of the installments to be paid with
the real estate taxes due and payable in 1993. Any deferred
installments shall bear interst at the rate as set forth in
said Exhibit A from November 1, 1992. To the first
installments shall be added interest on the entire
respective assessment from November 1, 1992 until December
31, 1993. To each subsequent installments, when due shall
be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may at anytime after
the adoption of the assessments and by November 27, pay the
whole of the assessments against any parcel to the city
Manager, and no interest shall be charged if the entire
assessment is paid by November 9. Also, the owner of the
property may at anytime thereafter, except between November
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30 and December 31 of each year, pay to the city Manager,
the entire amount of the assessment remaining unpaid.
4. The Clerk shall forthwith transmit a certified duplicate or
duplicates of these assessments to the Hennepin County
AUditor to be extended on the proper tax lists of the
County, and such assessments shall be collected and paid
over the same manner as other municipal taxes.
Adopted by the city council of the City of Hopkins this 6th day
of October, 1992.
By
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, city Clerk