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Home My WebLink About8.a. Appeal of Utilities Commission Decision on SAC Charge , CITY OF ROSEMOUNT . EXECUTIVE SUMMARY FOR ACTtON CITY COUNCIL MEETING DATE: November 21, 1995 AGENDA ITEM: Appeal of SAC Charges AGENDA SECTION: New Business PREPARED BY: Bud Osmundson AGEND�A�Q.� � � � City Engineer/Public Works Director ] � ATTACHMENTS: Letter, Utility Commission information APPROVED BY; Markos Chouliaris from TOPS Pizza has requested a waiver of the City Sewer Avai abi ' Charge tSAC) on his recent Building Permit. Markos has expanded his restaurant and remodeled into the area that was previously a hair salon. Per the City's policy, the building remodeling plan was sent to the MECS for their determination of the number of SAC units. They determined an additional two SAC units should be charged with the Building Permit. Markos paid the Metro SAC Charges, which amount to 51,700, but has not yet paid the City SAC Charges. The two units equate to 52,250. More detaifed information is within the attached Utility Commission Summaries. At the October 16, 1995 Utility Commission meeting, the Utility Commission denied the waiver of SAC Charges for TOPS Pizza. Mr. Chouliaris was planning to come to that meeting, but couldn't because of other obligations. Mr. Chouliaris submitted a letter sometime after that meeting and requested to be on the next � Utility Commission meeting. The Utility Commission met on November 13, 1995 and listened to Mr. Chouliaris' reasons why he should not be charged the SAC units. At that meeting, Staff suggested a compromise to waive one SAC unit and have Mr. Chouliaris pay one SAC unit of 51,125, which was offered to Mr. Chouliaris by the Utility Commission. Mr. Chouliaris requested that his appeal be taken to the City Council on November 21, 1995. As stated in the attached literature, Staff feels that the SAC units have been collected on various other remodeling projects such as Renos Pizza, McDonalds, the Barber in the Mall, etc. � Council has many options available to them: 1 . Motion to deny the waiver of SAC Charges to Mr. Chouliaris. lf Mr. Chouliaris does not pay, the City does have the right to turn off the water to his establishment until payment is made. 2. Waive completely the SAC Charges. 3. As a compromise, waive one SAC Charge, leaving Mr. Chouliaris to pay one SAC Charge. RECOMMENDED ACTION: MOTION to deny the waiver of SAC Charges to Markos Chouliaris of TOPS Pizza and direct Staff to take appropriate action to collect the SAC Charges. COUNCIL ACTION: 6 CITY OF ROSEMOUNT . ' EXECUTiVE SUMMARY FOR ACT10N , UTILITY COMMISSION MEETING DATE: November 13, 1995 AGENDA ITEM: App�ai Motion on SAC Charges AGENDA SECTION: Markos Chouliaris oid Business PREPARED BY: Bud Osmundson AGENDA NO. City EngineerlPublic Works Director 5b. ATTACHMENTS: Letter of Request APPROVED BY: This item is back on the agenda because Markos submitted a written request, asked that � his request be reconsidered and that he wouid be at the meeting to represent himseif. Markos from Tops Pizza has requested a waiver of the City Sewer Avaitability Charge on his recent Building Permit. This item was on the October 16, 1995 Utility Commission agenda and a motion was passed denying this waiver. Markos has taken over what was previously a Hair Salon and has expanded his restaurant into that area. Per our Poficy, the plans were sent to MCES for their determination of number of SAC units. They determined an additional two SAC units should be charged with the Building Permit. Markos recently paid the Metro portion of the SAC charges but has not yet paid the City SAC charges. These amount to approximately 52,250. Markos has requested a total waiver of the SAC charges due to the fact t hat his understanding is that Tom Thumb paid for the SAC charges when the building was built and he is not adding any additional ' lavatory facilities. However, because the number of seats and square footage for the building is increasing the number of SAC units also increases. This is based on the fact that more people will be seated and use the facilities. The actual contruction has included the addition of one new bathroom, an additional water heater and additional sinks. . The City has collected SAC Charges when remodeling permits have 6een taken out on � Reno's Pizza, the Barber in the mall, School District additions/remodeling among others. Staff still recommends denial of this waiver of SAC charges. RECOMMENDED ACTION: MOTION TO DENY THE WAIVER OF SAC CHARGES TO MARKOS � CHOULIARIS OF TOPS PIZZA. � COMMISSION ACTION: /1/I.U �'�dN Td CdY"��/2-z'mts� �¢N,4 w,�� ,��. _'�. S,a� ;�N� T-- c�.�� C ST,� �. ��-�t l) 3 CITY OF ROSEMOUNT pUBLIC UTILITIES PO BOX 510 ROSEMOUNT MN 55068-0510 RE: Sac Charges I Markos Chouliaris, owner of building at 14533 Dodd Blvd, have recently remodeled my =estaurant and when 2 got the permits � they said sac charges would be approximately $4000.00. I paid $1700.00 for Metropolitan Sewer Sac charges, the remainder were � City of Rosemount charges. Since the law went to effect many business have moved in and out and no one ever paid the sac charges, when numerous building permits where issued. The sac � charges were overlooked by the City and not collected and it is not fair to make me pay for the previous businesses sac charges , Yours very truly, U � v Markos Choulia is ,_,.. - _ � C1TY OF ROSEMOUNT EXECUTiVE SUMMARY FOR ACT10N • UTILITY COMMISSION MEETING DA►TE: Octobe� 16, 1995 AGENDA SECTION: AGENDA ITEM: Request Waiver of SAC Charges New Business Markos Chouliaris AGENDA NO. PREPARED BY: Bud Osm�ndson 5b. City Engineer/Pubfic Works Director ATTACHMENTS: Letter of Request APPROVED BY: . Markos from Tops Pizza has requested a waiver of the City Sewer Availability Charge on his recent Building Permit. Markos has taken over what was previousiy a Hair Saton and has expanded his restaurant into that area. Per our Policy, the plans were sent to MCES for their determination of number of SAC units. They determined an additionai two SAC units should be charged with the Building Permit. SAC chareesntThese amount to p��on of the SAC charges but has not yet pa�d the C�ty 9 approximately 52,250• Markos has requested a totai waiver of the SAC charges'due to the fact that his understanding is that Tom Thumb paid for the SAC charges when the building was buiit and he is not adding any additional lavatory facilities. However, because the number of seats and square footage for the building is increasing the number of SAC units also increases. This is based on the fact that more people wilf be seated and use the facilities. The actuai contruction has included the addition of one new ' ' bathroom, an additional water heater and additional sinks. Markos has a letter attached and will be present to discuss the issue. Staff recommends deniai of this waiver of SAC charges. �: RECOMMENDED ACTION: MOTION TO DENY THE WAIVER OF�SAC CHARGES T0 MARKOS - CHOULIARIS OF TOPS PIZZA• COMMISSION ACTION: 6 , __. . , " MEMO TO: BUD OSMUNDSON, C1�Y ENGINEER/PUBLIC WOR DIRECTOR FROM: PAUL HEIMKES, INTERiM BUILDING OFFICIAL DATE: . OCTOBER 12, 1995 RE: SAC UNIT DETERMINATION/COLLECTION FOR PERMIT AT 14533 DODD BOULEVARD, MARKOS CHOULIARIS, TOPS PtZZA •� :, This memo is to serve as a "Historical Chronology" of the Metro SaC Unit coilection requirements and City SAC Unit collection ordinance as it relates to Markos' buiiding at 14533 Dodd Boulevard. 1973-1974 Metro SAC fees were instituted for communities protected sewer demands. 1973-1974 SAC was charged for new or increased uses throughout the Metro area regardless of connection or not. 1987 SAC Policy was changed. SAC fees are now only required if directly connected to sewer. City SAC fees are calculated on a per unit basis (one for one) with MCES. City SAC Unit fees have been adjusted in 1982, 1988 and evecy year thereafter. The City Building Inspection Department is responsible for monthly accounting of MCES SAC Units and fess and in conjunction accounts for City SAC Units. All fees must be paid at tfie time of � permit issuance. - The City nor MCES has any accounting of records of past SAC Units collected or paid by Mr. Chouliaris property at 14533 Dodd Boulevard. This howevec means nothing because MCES and City Ordinance requires SAC Unit evaluation at the time a pe�mit is issued for a new building, building expansion or remodeling which may alter occupan� loads or sewer use. The MCES Department does this evaluation and assigns SAC Units. ;:;:.�..;;: . In Mr. Chouliaris' case, the MCES is charging him SAC Units for his ezpansion and his existing area because the tenant space has never been charged. . :.;,;i;�.;,.. Prior to TOPS Pizza locating there, there was a Pizza Restauran;��r� ,the space. Prior to Family Hair locating in their space, it also was a hair salon, ttiat is why�no �nits were charged, they never expanded use. . In 1988 Tom Thumb added storage space on the south end of ttie�building. It is a fact that that expansion should have been reviewed for SAC Unit requiremer�ts,-however, it was not. This was an oversight by the Inspections Department. Even if it would have been charged SAC Units they would not apply to TOPS Pizza anyhow, only to the Tom Thumb�dedicated space. - - In conclusion, there has never besn an SAC Units tCity or MCES)' charged to this property. It is unfortunate that in Mr. Chouliaris' case and his remodeting that�e fias to pay, however, that is the way the "system is set up. The Utilities Commission andlor City Council, through appeal and waiver - is Mr. Chouliaris' only option to the City SAC Unit fee requirement. . , i:,; NOTE: An appeal for waiver will set a precedence for future+;appeals on all older structures in the City. �. , • � RESOLUTION BE IT RESOLVED that the City of Rosemount enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For the installation, operation, maintenance and removal of emergency vehicle pre-emption at the - existing traffic control signal5 on Trunk Aighwa No. 3 R�a �4-T �l� 3 C ssu r►t- R..ol�er- TR�.��r.�a C SAff �� (South Robert Trail) at 145th Street West�in accordance j Sr�F with the terms and conditions set forth and contained ,4tiQ Ac�e�Ei�r�,�7 /Vo . �q /(n8 S�p��eh+k�r.a` �iu�i,+�.v.-No. / in Agreement No. 62009 Supplemental Agreement No. 1V � ��5 r4'� � cop� of which w�s before the Council. BE IT FUR'I'HER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION � State of Minnesota County of Dakota Cit� of Rosemount I hereby certify that . the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Rosemount at a duly authorized meeting thereof held on the _ day of , 1995, as shown by the minutes of said meeting in my possession. City Clerk (Seal)