12-18-2019 Special Meeting AgendaS P E C IAL C ITY C O U N C IL ME E TIN G
R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S
D E C E MB E R 18, 2019
5:00 P M
C all to order
P ledge of A llegiance
P U B LIC H E AR IN G S
1.P ublic hearing and consider to approve the renewal of 2020 C lub On-S ale and S unday L iquor licenses for
Minneapolis-Richfield A merican L egion P ost No. 435, 6501 P ortland Avenue S outh.
S taff Report No. 182
2.A djournment
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 SECTION:PUBLIC HEARINGS
AGENDA ITEM #1.
STAFF RE P ORT NO. 182
CIT Y COUNCIL ME E T ING
12/18/2019
RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, P ublic S afety D irector/C hief of P olice
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
12/13/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consider to approve the renewal of 2020 Club On-Sale and Sunday Liquor licenses
for Minneapolis-Richfield American Legion Post No. 435, 6501 Portland Avenue South.
E X E C UT IV E S UM M ARY:
On December 13, 2019, the City received the application materials for the renewal of Club On-Sale and
Sunday Liquor licenses for Minneapolis-Richfield American Legion Post No. 435, 6501 Portland Avenue
South. All required information and documents have been provided. All licensing fees have been received.
According to Richfield City Code, Section 1202.07 - License Eligibility, Subd. 2, no license shall be
granted to or held by any premises upon which taxes or assessments or other financial claims of the
City or of the State are due, delinquent and unpaid.
T he City Council may, upon request by the applicant or licensee, waive strict compliance with this
provision if the applicant or licensee has contested their tax liabilities or other financial claims
through a process permitted by Federal or State regulations or by City ordinance; or is working out
debt problems under the supervision of a bankruptcy court or pursuant to some other formal
agreement. No waiver may be granted, however, if taxes or any portion thereof, remain unpaid for a
period exceeding one (1) year after becoming due.
The American Legion has not paid their 2019 real estate taxes but has paid 2018 taxes. The Legion also owes
the City $7,240.96 in utility fees but intends to pay the balance before the December 18 Council
meeting. T herefore, the American Legion is requesting a waiver since they don't have any unpaid
obligations beyond a year of becoming due and have a formal agreement with Hennepin County to
pay their outstanding 2019 taxes.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion: Consider a waiver to approve the renewal of 2020
Club On-Sale and Sunday Liquor licenses for the Minneapolis-Richfield American Legion Post No. 435,
6501 Portland Avenue South.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
On November 4, 2019, the City received the application materials for the renewal of Club On-Sale
and Sunday Liquor licenses for Minneapolis-Richfield American Legion Post No. 435.
The applicant has satisfied the following requirements for issuance of a license:
The required license fees have been paid.
W hile 2019 real estate taxes are still in arrears the Legion paid 2018 taxes on December
13.
W ater utilities with the City are also in arrears with a total of $7,240.96 due but the Legion
plans to pay the full amount on Monday, December 16. The City certified $3,475.68 in
unpaid utility fees in November.
Proof of liquor liability insurance coverage has been received showing I ntegrity Mutual
I nsurance Co. affording coverage. W orkers’ compensation insurance has also been
supplied.
Due to the fact they are a club/veterans organization, they are exempt from meeting the
code requirement that states, "more than 50% of business activities must be related to the
service of food".
Environmental Health staff received two complaints regarding the Minneapolis-Richfield
American Legion for the previous year.
The Public Safety background investigation has been completed. The results of the investigation
are summarized in an attachment to this report. The Public Safety Director has reviewed the
information in the background investigation report. There is no information in the investigation that
shows any cause for recommending denial of the requested licenses.
The Club On-Sale and Sunday Liquor licenses will expire on December 31, 2019.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Richfield City Code Section 1202 requires owners of Club On-Sale and Sunday Liquor
establishments to comply with all of the provisions of both City Code and State Statutes.
Richfield City Code Section 1202.07 - License Eligibility, Subd. 2 states no license shall be
granted to or held by any premises upon which taxes or assessments or other financial claims of
the City or of the State are due, delinquent and unpaid.The City Council may, upon request by
the applicant or licensee, waive strict compliance with this provision if the applicant or licensee has
contested their tax liabilities or other financial claims through a process permitted by Federal or
State regulations or by City ordinance; or is working out debt problems under the supervision of a
bankruptcy court or pursuant to some other formal agreement. No waiver may be granted,
however, if taxes or any portion thereof, remain unpaid for a period exceeding one (1) year after
becoming due.
C.C R IT IC AL T IMIN G IS S U E S:
There are no critical timing issues.
D.F IN AN C IAL IMPAC T:
The required licensing fees have been received.
E.L E GAL C ON S ID E R AT ION:
The requirements of Resolution No. 9511 must be met, which outlines the discipline expected if any
ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The Council could decide to deny the requested licenses, which would mean the current applicants
would not be able to obtain Club On-Sale and Sunday Liquor licenses.
Schedule the hearing for another date. However, this may delay the licensing process.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
American Legion representative
AT TAC H ME N T S:
D escription Type
B ackground S ummary-A merican L egion C over Memo
SUMMARY OF BACKGROUND INVESTIGATION REPORT
FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST No. 435
Officers:
Adam Seamans- Commander
Casey Ludewig- 1st Vice Commander
Thomas Eckhoff- Finance Officer
Criminal History:
The following criminal histories reflect the previous and current year.
Adam Seamans has no known criminal record. Casey Ludewig has no known
criminal record. Thomas Eckhoff has no known criminal record. Michael Pelino,
who serves as the General Manager, has no known criminal record.
Premises:
Minneapolis-Richfield American Legion Post 435 is the owner of the property.
Property has delinquent taxes with the amount of $62,419.85 due.
Record of Service Calls:
There were 31 Public Safety/Police contacts with Minneapolis-Richfield American
Legion Post 435 from October 2018 through September 2019. This compares
with 40 contacts for the previous year. A breakdown of these contacts is attached
to this report.
Violations:
The most recent violation for the sale of alcohol to underage youth with
Minneapolis-Richfield American Legion was March 19, 2010.
Routine Information:
Club On-Sale Intoxicating and Sunday Liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines the discipline
they can expect if any ongoing problems occur. A copy of this resolution has
been given to the owners of the establishment.
There are no distant requirements to notify neighbors of the issuance or renewal
on Club On-Sale and Sunday Liquor sales.
The Notice of Public Hearing was published in the Richfield Sun Current on
November 28, 2019.
Minneapolis-Richfield American Legion Post No. 435
Directors and Officers
Adam Seamans Commander
Casey Ludewig 1st Vice Commander
Thomas Eckhoff Finance Officer
---------------------------------------------------------------------------------------------------------------------
PUBLIC SAFETY CONTACTS
October 2018 through September 2019
Minneapolis-Richfield American Legion Post No. 435
2018 2019
TOTAL CONTACTS 40 31
CRIMINAL CONTACTS 17 16
Incidents (see bottom of page for specifics) (12) (15)
Alarm (5) (1)
MISC. NON-CRIMINAL 23 15
Assists (10) (2)
Traffic (9) (12)
Inspections/Licensing (1) (1)
Medical/Fire (3) (0)
Miscellaneous (0) (0)
The criminal contacts from October 2018 through September 2019 were: one theft, one
fight call, one attempt to locate, two property damage accidents, two intoxicated people,
one private property tow or repo, four disturbances, two 911 follow ups, one assault,
and one commercial alarm.
(Numbers in parenthesis are included in total contact figures)