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.. Minutes of F:agu! '3r Counc i i Hee tin 9 Novernbe r' 24, 1975 Page th ree Ordinance No. 92 Section -, <:2) - I nterpretati on , Lynden re fer re d Counc i I to his opInion I et1-er date d 11-21-75 re I ntorp retat i on of Section 7(2) of Ord. No. 92, >lhich prohibits the grant! ng of a license for operation o'f a liquor establishment .. .. . on an'f premises on which tax>)s, assessments or other financial claims of the V i II age are delinquent and unpaid." Lynden advised that a Minnesota municipality has no authority to levy a tax other than the rea I p rope r-ry tax 3nd a wheelage tax; the ordinance reference to "taxes" therefore, In his opinion, can re fe r only to rea I p rope rty taxes due and payable ,~gainst the premises on wh I ch McGu I res I s conductin~: i t~; liquor vending operation; therefore" payment of rea I Drop e r"~y taxes ! 5 a con d it i on pl-ecedent to the granti n9 of a liquor Ilcensss. . Mr. Don Smith, attorney representing MMIR, explained that MMtR (Gary Ski e and Leonard Kn lor) have been try i n g , ova r the past Ii years, to reso I ve this almost impossible 'financlng situation; has been I mprove- ment; have been negoti ati ng for additional mortgage money; have been granted a 5 -mon th redemption period to resolve finances, but must have a I I quor' iicens.s to Itmake a go" of this situation. Smith said Mr41R wants the taxes pa I d, as does the City; taxes will be paid prior to next May, either by the partnersh I p or by the bank I f it takes over. Sml th said he does not agree with opinion of Attorney Lynden; Coun ty i s the tax co II ect in g agent of municipalities - sees no reason why City cannot collect Its own taxes; sees no reason to make payment through the County. Smith said aiternatives would be to close McGulres or become involved In 1 itigatlon, neither of which they desire to do, In discussjon.. the following polni-s were noted by COllnci I: 1 Minnesota S'~atlltes state that the County shall co Ilect ' . a II taxes; City operates under the mandate of the State. 2 . The V i I. aqe Ordinance I s a ve ry "standard" I iquor ordinance, 3. City officials cannot collect taxes; I f City rece I ved d i rec1' payment, Ramsey County would req ues"i" money payment for distribution to other agencies i.o whom taxes are owed. 4. The re Is apparently no w'~y that partia t payment of taxes can be paid and "ear-marked n for certal n purposes. (Smith argued that i n paying a II taxes, ~1~11 R is requested to pay County and School District -;-axes, as we II as City taxes, to retain Its Village Li quor LI ce"se.) 5. Ordinance 9"' does not ~ave a variance provision to p rov i de <. for a waiver' of any 0'; the requirements; only way this could be aCGomp! ished would be to change the 0 I'd i nante. Mr. Ben Caputo, Mortgage Banking Officer, First Wisconsin Mortgage Co., said he Is an observer tonight, and adv I sed thE' Councl I that First \'/i scons i n National Bank I s the mortqagee which has foreclosed its mortgage upon the tvlcGui re '5 pr'Jpert'! . He advi~,ad COline I I that FI rst Wisconsin i s capable of managing the property in 11 responsible manner. . At te r discussion, Counci I concurred that '~he re is no action it can take re this matter. Lynden advised that he has received the Arden Hill s Liquor License applications for 1976, which he wi I ; review prior to Counci I 's con- s i deratIon at the Coune; I meeting on December 8th. REPORT OF VILLAGE ENGI NEER DONALD CHRI STOFFERSEN Indian Oaks TIlo Improvement 8i9.~ Christoffersen referred Coune i I to his letter of November 24, 1975, and attached tabulatlor of bids received for Indian Oaks Two san~tary sewer# watermain and street construction. -3-