Minutes - 2010/01/25 (2) - Laserfiche WebLink

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� LJ • Mounds View City Council January 25, 2010 Regular Meeting Page 5 used car sales. Community Development Director Roberts pointed out that this business has been selling and servicing used cars all along. The only difference is that they would not be bound by a City requirement to sell new cars. Mayor Flaherty stated Council Member Stigney has raised good points about future considerations and staff has clarified those concerns. He asked Mr. Price to keep in mind that residents across the street are bothered by the car wash blowers. Mr. Price stated they would look into that matter. Planning Associate Heller advised that one of the CUP conditions states that any cars taken on trade, not intended for resale, shall not remain on the site exceeding 72 hours. Ayes — 4 Nays — 1(Stigney) Motion carried. B. Public Hearing to Consider Revocation of an On-Sale Intoxicating Liquor License at Moe's, located at 2400 County Highway 10. Clerk-Administrator Ericson stated that this item was last reviewed on October 26, 20Q9, when the Council approved a plan requiring payment of all delinquent property taxes by May 1, 2010. To assure progress was being made, Mr. Moritko was to pay at least $20,000 toward the delinquent tax balance by January 11, 2010. Staff contacted Ramsey County who indicated that Mr. Moritko had not satisfied this requirement. On January 13, 2010, staff sent a letter to Mr. Moritko informing him of this noncompliance and advising him of the hearing before the Council scheduled for tonight. Clerk-Administrator Ericson reviewed the payments made by Mr. Moritko, that the State sales tax is now up-to-date, and Mr. Moritko is asking for an extension to continue operating the business and provide for payment by the expiration of the license period, June of 2010. Clerk- Administrator Ericson referenced his staff report regarding the consideration for liquor license revocation. He suggested that resolving to revoke the liquor license would be an action that is unreasonable in the sense it is not related to the activity for which the license is granted. Staff is working with the City Attorney to review the Code and that will be discussed at a March Work Session. He noted there is no other business in Mounds View that is subject to the requirement of tax payments to continue operation, and staff is aware of other businesses that are delinquent. Jeff Moritko, owner of Moe's, presented the details of his letter that capsulated what has happened to their business and tax payments made. He explained he obtained funding in October of 2009 to pay sales tax, which carried a high interest rate so that loan is being repaid at a faster rate. With regard to the $20,000 threshold, they paid $13,2Q0 toward that number and, on January 19, paid $8,600 to sales tax that was due instead of paying toward the $20,000 number. He stated he submitted a copy of the letter from Advanced Restaurant Group indicating he has been approved for a$200,000 loan, when this one is done in May, to cover property t� and provide working capital. He stated he put some "teeth" into his note that he will either get taxes paid or will not reapply for a liquor license. Mr. Moritko provided an explanation of his small, 5°Io, operating margin, the impact of a second minimum wage increase, and loss of credit card