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MINUTES <br />CITY COUNCIL <br />APRIL 23, 2014 <br />City owes an additional $30,000 because the recycling services are not <br />broken out from garbage services. <br />The Administrator reported that the Department of Revenue has indicated <br />that they have no discretion in this issue. He noted, however, that they <br />applied some discretion relative to the taxes paid by the haulers, but have <br />indicated that they will not use discretion and allow the recycling charges <br />to be segregated out from garbage /recycling line item. <br />The Administrator reported that when this issue come up, the City's <br />Legislators were contacted and they sent letters to the Department of <br />Revenue urging the Department to work with the City. The Department of <br />Revenue proceeded to issue its Order and suggested that the City can <br />appeal that order. The Administrator indicated that there is both an <br />Informal and a Formal Appeal Process. It is the City Attorney's <br />recommendation that the City proceed with the Informal Appeal. The <br />Appeal must be filed by May 12, 2014. If the Informal Appeal is not <br />successful, the City can then move to the Formal Appeal Process. The <br />City Administrator reported that he would also like to pursue a legislative <br />change relative to this issue. <br />Blesener introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 2019 -4 -79 — AUTHORIZING THE CITY <br />ATTORNEY TO PURSUE THE INFORMAL APPEAL PROCESS IN <br />RESPONSE TO THE MINNESOTA DEPARTMENT OF REVENUE <br />ORDER DATED MARCH 6, 2014, NOTICE OF CHANGE IN SOLID <br />WASTE MANAGEMENT TAX <br />The foregoing resolution was duly seconded by Keis. <br />Ayes (3). <br />Nays (0). Resolution declared adopted. <br />TRAIN The City Administrator reported that he and the Mayor met with <br />WHISTLES representatives of the railroad last week on the issue of noise from train <br />whistles as well as the blocking of crossings which is occurring on a much <br />more frequent basis. The Administrator noted that Federal Law requires <br />the sounding of whistles at train crossings that do not meet required <br />control standards, but also prohibits the blocking of crossings with non- <br />moving trains for longer than 10 minutes. There are no time limits for <br />blocking crossings with moving trains. The Administrator reported that <br />there have been multiple incidents in which crossings have been blocked <br />in Little Canada by non - moving trains for extended periods of time. He <br />11 <br />