Agenda Packets - 2002/03/05 - Laserfiche WebLink

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Mounds View City Council March 11, 2002 Regular Meeting Page 14 G. Consideration of Resolution 5706, a Resolution Revoking the Business License for Gas ‘n Splash, Located at 2525 County Highway 10. Community Development Director Ericson indicated this matter was tabled at the February 25, 2002 meeting to allow the business owner to be in attendance when the matter was discussed. He then explained the facility expanded its car wash and the Metropolitan Council had determined that the expansion warranted a SAC charge of 41 units which amounts to $43,050.00 which the City had to pay to the Metropolitan Council. Director Ericson indicated there has been correspondence back and forth among the parties involved and the business owner contents that this is an unfair fee but the Metropolitan Council has argued that the fee is set based on the capacity for water usage not actual water usage. Director Ericson indicated he would like to give Mr. Mack, the business owner, the opportunity to address Council and explain his position. He then indicated Staff is aware that revoking the business license will not get the City paid any faster but the amount does need to be paid and this is leverage the City can use to attempt to obtain payment. Mayor Sonterre asked if there is a legal basis by which the City could enter into an agreement with Mr. Mack to receive a portion of revenues generated until the amounts are paid. City Attorney Riggs indicated the City could enter into a repayment agreement but said the business owner has had that opportunity available to him for quite some time and it has not come to fruition. He also noted the City could place the amount on the tax rolls to be directly collected. Mayor Sonterre asked whether one party has not agreed or whether an agreement had not been discussed. Director Ericson indicated that Staff has made attempts to enter into some type of negotiations with Mr. Mack and noted it was not until this year that Staff had spoken to Mr. Mack concerning the matter. He then noted that Mr. Mack had sent a letter to the Metropolitan Council asking that the Metropolitan Council reimburse the City. He further noted that a representative from the Metropolitan Council had contacted him to indicate that the Metropolitan Council would not be refunding the amounts the City paid. Mr. Mack indicated he feels this is an unfair fee and said he wrote a letter to the Metropolitan Council asking that they reimburse the City the amounts paid. He then indicated he had received a voicemail from someone who gave a name and telephone of another representative to contact for further information. He further indicated he intended to contact that person the next morning. Mr. Mack said he would like to see the Metropolitan Council give back the $43,000 and said if he can dismantle the machine in a way that renders it unable to use that much water he would like to do so.