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082813SpecialCompleteAgenda CITY OF RICHFIELD, MINNESOTA WEDNESDAY, AUGUST 28, 2013 � SPECIAL CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER BARTHOLOMEW ROOM 6700 PORTLAND AVENUE 5:00 P.M. AGENDA ' Call to order Roll call 1. Consideration of the second reading of an ordinance amending Section 840 of the Code of Ordinances relating to the sale and consumption of beer in public parks Staff Report No. 164 Notes 2. Discussion regarding Housing and Redevelopment Authority Commissioner recruitment Notes: 3. Discussion of 2013 Revised/2014 Proposed budget and 2014 preliminary tax levy Notes: Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA ITEM# 1 REPORT# 164 STAFF REPORT � r CITY C4UNCIL MEETING AuGUST 28, 2013 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR Na,tirc,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: � N/A s�c •uaE REVIEWED BY CITY MANAGER: I ITEM FOR COUNCIL CONSIDERATION: Consideration of a second reading of an ordinance amending Section 840 of the Code of Ordinances relating to the sale and consumption of beer in ublic parks. I. RECOMMENDED ACTION: By Motion: Approve the second reading of an ordinance amending Section 840 of the Code of Ordinances relating to the sale and consumption of beer in ublic arks. II. EXECUTIVE SUMMARY The Richfield Ice Arena has now become the home of Minnesota's newest Tier 2 Junior Hockey Team, the Minnesota Magicians. To attract a greater number of people to home games, the City has pursued special legislation allowing the issuance of on-sale wine and malt liquor licenses for beverage sales at the Arena. The State of Minnesota Legislature will consider enacting this bill at their next legislative session to be held at the beginning of 2014. To accommodate the Team until then, the attached ordinance amendment will temporarily allow an establishment holding a food license to sell 3.2 percent malt liquor at the Richfield Ice Arena, provided the establishment obtains a license under subsection 1202.05, subdivision 3(a)(1) of this code. 0813 Temporary Beer License III. BASIS OF RECOMMENDATION A. BACKGROUND • Staff presented a proposal at a study session on April 18, 1013, to consider making improvements to the Ice Arena to accommodate a Tier 2 Junior Hockey Team including a dedicated locker room, training center, classrooms and an expanded lobby. City Council directed staff to pursue the planning of these improvements and to obtain sponsors of bill allowing issuance of on-sale wine and malt liquor licenses for beverage sales at the Arena. • State Representative Linda Slocum agreed to sponsor and has introduced such a bill along with Senator Melissa Wicklund. The State of Minnesota Legislature will consider enacting this bill at their next legislative session to be held at the beginning of 2014. • Wold Architects has completed a pre-design process for the above improvements inc�uding cost estimates and schematics. • The Minnesota Magicians have completed their team draft and have begun practices at the Richfield Ice Arena. Their first home game is scheduled on September 19, 2013. An ordinance amendment is needed to temporarily allow a properly licensed food establishment to sell 3.2 percent malt liquor at the Richfield Ice Arena until special legislation is enacted at the beginning of next year. This amendment will become null and void if and when special legislation is enacted. • The first reading was conducted and approved by Council on August 13, 2013. If the second reading is approved by Council, the effective date of the amendment will be October 5, 2013. B. PoLICY • Ordinance amendments require a first reading, followed by a second reading at the next Council meeting. The first reading of the attached ordinance amendment was conducted and approved by Council on August 13, 2013. If the second reading is approved, notification will be published in the Sun Current on September 5, 2013 and the � effective date of the ordinance amendment will be 30 days later on ' October 5, 2013. • Because the Ice Arena is located in Veterans Memorial Park, an ordinance amending Section 840 of the City Code or Ordinances is needed to permit the sale of beer at the Arena. G CRITICAL TIMING ISSUES • The Minnesota Magician's first home game in Richfield is scheduled on September 19, 2013. An ordinance amendment is needed as soon as possible to attract help people to the home games. D. FnvaNClaL • The attached ordinance amendment has an indirect financial impact on the City of Richfield. Selling beer at home games benefits the Minnesota Magicians with increased ticket sales. It is important for the Team to remain financially viable so that they can continue to make lease payments to the City to help finance the building improvements. E. LEGAL • The City Attorney prepared the attached ordinance amendment and has reviewed this staff report. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION�S� • Reject the ordinance and do not allow temporary 3.2 sales in the Ice Arena. V. ATTACHMENTS • An Ordinance Amending Section 840 of the Code or Ordinances Relating to the Sale and Consumption of Beer in Public Parks. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Brandon Klement, Facilities Manager. /-/ BILL NO. AN ORDINANCE AMENDING SECTION 840 OF THE CODE OF ORDINANCES RELATING TO THE SALE AND CONSUMPTION OF BEER IN PUBLIC PARKS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 840.11 is amended to read as follows: Subd. 2. Sa/e and consumption prohibited. The sale, possession with intent to consume, or consumption of alcoholic beverages is prohibited in the public parks of the City, except as expressly permitted by subdivisions 3 and 4 of this subsection. Subd. 3. Communitv Celebration. A nonprofit corporation that has obtained a community celebration license in accordance with subsection 850.09 of this code may sell 3.2 percent malt liquor in Veteran's Memorial Park in connection with the licensed community celebration, provided that the corporation also obtains a license under subsection 1210.07, subdivision 3 of this code and applicable state law. The community celebration license and temporary on-sale license must designate the area(s) of Veteran's Memorial Park where sales may be made. A person of legal age may possess with intent to consume or consume alcohol purchased pursuant to this subdivision within the areas designated in those licenses. Subd. 4. Richfield Ice Arena. An establishment holdinq a food license mav sell 3.2 percent malt liquor at the Richfield Ice Arena located in Veteran's Memorial Park, provided that the establishment obtains a license under subsection 1202.05, subdivision 3(a)(1) of this code The 3 2 percent malt liquor license must desiqnate the area(s) of the arena where sales mav be made. Sale and consumption of 3.2 percent malt liquor under this subdivision are allowed only durinq junior hockev leaque qames at the arena for consumption on the premises Upon the effective date of special legislation enacted bv the State of Minnesota Leqislature allowinq the issuance of on-sale wine and malt liauor licenses for beveraqe sales at the arena, this subdivision shall become null and void. Section 2. This ordinance will be effective October 5, 2013. Adopted this 28th day of August, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk �