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4.1. SR 06-28-2010REQUEST FOR ACTION TO ITEM NUMBER Ci Council 4.1. AGENDA SECTION MEETING DATE PREPARED BY Administration une 28, 2010 Tina Allard, Ci Clerk ITEM DESCRIPTION REVIEWED By Consider Liquor Licenses for American Legion Lori ohnson, Ci Administrator REVIEWED BY ACTION REQUESTED A. Adopt a resolution denying the renewal of liquor licenses to the American Legion; or B. Adopt a resolution approving the liquor licenses on the condition that unpaid property taxes are paid; or C. If the licenses are approved without adopting either resolution, staff would suggest Council establish findings. Staff would also ask that any approval be based on successful completion of background checks. BACKGROUND/DISCUSSION The American Legion submitted a completed application, along with licensing fees, for the renewal of their Onsale and Sunday intoxicating liquor licenses on Thursday, June 17, 2010. When reviewing liquor applications, staff completes a check for any unpaid taxes, bills, or assessments. The Legion currently has unpaid property taxes. Per Elk River City Code ~6-64 (b): The Council, in its discretion, shall have the right to refuse to issue or renew a license for the sale of intoxicating liquor on any premises on which taxes, assessments or other financial claims of the city are delinquent or unpaid. Delinquent or unpaid taxes, assessments or other financial claims of the city on the premises for which the license has been issued shall be grounds for the revocation of an intoxicating liquor license. The first half of 2010 payable taxes are past due as of May 1 S, 2010. The Legion owes approximately $7,000 plus penalty fees. To the best of staff recollection, a license has never been approved with delinquent taxes. Staff s concern with approving the liquor licenses is that precedence may be set for future similar non- payment issues. If Council decides to approve the liquor licenses, staff would recommend establishing some findings on the unique circumstances as to why the Legion should be granted the licenses in case this issue comes up in the future with other establishments. S:\Public Bodies\Council\Council RCA\Licensing\Liquor\2010\Legion.doc The Council could adopt a resolution denying the licenses based on the unpaid property taxes. Or Council could adopt a resolution approving the licenses if the Legion can provide proof of tax payment. With the approval resolution, the Legion would be unable to sell liquor after midnight on June 30 if there taxes remain unpaid. If they pay their taxes sometime in July prior to the next Council meeting, they would be able to begin selling liquor without having to wait for Council approval. Due to the late application submission, background checks have not been completed at this time. ATTACHMENTS ^ Resolution Denying an On Sale Intoxicating and Sunday Intoxicating Liquor License to American Legion Post 112 ^ Resolution Approving an On Sale Intoxicating and Sunday Intoxicating Liquor License to American Legion Post 112 on Condition that Unpaid Property Taxes are Paid ^ Aerial Map • Sherburne County Property Tax Report Action Motion by Second by Vote Follow Up S:\PubGc Bodies\Council\Council RCA\Licensing\Liquor\2010\Legion.doc RESOLUTION 10- A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING AN ON SALE INTOXICATING AND SUNDAY INTOXICATING LIQUOR LICENSE TO DAVIS-DARROW- MEYER POST/DBA AMERICAN LEGION POST 112 WHEREAS, Dwayne Budreau, with Davis-Darrow-Meyer Post/DBA American Legion Post 112 ("Applicant"), has applied for an On Sale Intoxicating and Sunday Intoxicating Liquor License ("Licenses"); and WHEREAS, the City Council considered the application for the Licenses on June 28, 2010, at which time the Applicant and all others wishing to speak were given an opportunity to present testimony to the Ciry Council; and WHEREAS, the City Council, at the conclusion of its discussion of the Applicant's request on June 28, 2010, made findings regarding the Application. NOW, THEREFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the application of Dwayne Budreau for an On Sale Intoxicating and Sunday Intoxicating Liquor License at American Legion Post 112, 525 Railroad Drive. FINDING OF FACT 1. Elk River City Code ~ 6-64 (b) states: The Council, in its discretion, shall have the right to refuse to issue or renew a license for the sale of intoxicating liquor on any premises on which taxes, assessments or other financial claims of the city are delinquent or unpaid. Delinquent or unpaid taxes, assessments or other financial claims of the city on the premises for which the license has been issued shall be grounds for the revocation of an intoxicating liquor license. 2. The City has never issued or renewed a license for the sale of intoxicating liquor for any premises which have delinquent or unpaid taxes. 3. The American Legion has unpaid property taxes in the amount of $7,001.28 on their premises located at 525 Railroad Drive. DECISION The City Council of the Ciry of Elk River hereby denies the Application for an On Sale Intoxicating and Sunday Intoxicating Liquor License for Davis-Darrow-Meyer Post/dba American Legion Post 112, 525 Railroad Drive, based on the findings of fact set forth above. S:\PubGc Bodies\Council\Resolutions\Legion Denial.doc Passed and adopted this 28`h day of June 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk S:\PubGc Bodies\Council\Resolutions\Legion Denial.doc RESOLUTION 10- A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION APPROVING AN ON SALE INTOXICATING AND SUNDAY INTOXICATING LIQUOR LICENSE TO AMERICAN LEGION POST 112 ON CONDITION THAT UNPAID PROPERTY TAXES ARE PAID WHEREAS, Dwayne Bedreau, with Davis-Darrow-Meyer Post/DBA American Legion Post 112 ("Applicant"), has applied for an On Sale Intoxicating and Sunday Intoxicating Liquor License ("Licenses"); and WHEREAS, the City Council considered the application for the Licenses on June 28, 2010, at which time the Applicant and all others wishing to speak were given an opportunity to present testimony to the City Council; and WHEREAS, the Ciry Council, at the conclusion of its discussion of the Applicant's request on June 28, 2010, made findings regarding the Application. NOW, THEREFORE, the Ciry Council of the City of Elk River makes the following findings of fact and decision with respect to the application of Dwayne Budreau for an On Sale Intoxicating and Sunday Intoxicating Liquor License at American Legion Post 112, 525 Railroad Drive. FINDING OF FACT 1. Elk River Ciry Code ~ 6-64 (b) states: The Council, in its discretion, shall have the right to refuse to issue or renew a license for the sale of intoxicating liquor on any premises on which taxes, assessments or other financial claims of the city are delinquent or unpaid. Delinquent or unpaid taxes, assessments or other financial claims of the city on the premises for which the license has been issued shall be grounds for the revocation of an intoxicating liquor license. 2. The Ciry has never issued or renewed a license for the sale of intoxicating liquor for any premises which have delinquent or unpaid taxes. 3. The American Legion has unpaid property taxes in the amount of $7,001.28. on their premises located at 525 Railroad Drive. DECISION The Ciry Council of the Ciry of Elk River hereby approves the Application for an On Sale Intoxicating and Sunday Intoxicating Liquor License for Davis-Darrow-Meyer Post/dba S:\Public Bodies\Council\Resolutions\Legion Approval.doc American Legion Post 112, 525 Railroad Drive, on the condition that American Legion Post 112 provide evidence that the first half of the 2010 property taxes have been paid. The licenses approved in this Resolution shall not be issued or become effective until such evidence is provided. Passed and adopted this 28`h day of June 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk S:\Public Bodies\Council\Resolutions\Legion Approval.doc Page 1 of 1 s )a! ~ '~. _ ~, i ~ -_ ~ X~. - 2 ~ _ ~ ~ ~ _ .. .~3 _. °: _` ~~ ,:1 :~. J~ ` ~ l_\~ `t ~ ~' ~ _ # "~~ . <,~, ~~~_ G~ O '~ _ ` `. 'i ~l{ 7.i ~S'Jf~ -- ~ MklN ST ..- t. _~= - http://tsc-gis-ims2a. schneidercorp. com/output/SherburneCountyMN_tsc-gis-ims2 a 11784... 06/24/2010 Sherburne County, MN f~ becXCO~'1TM Date Created: 6!24/2010 Summary Parcel ID 75-405-1355 _ ' Parcel n/a Parcel Type RE ~ Property Address Plat 405-VILLAGE (ELK RNER) ~ ~a """ Sec-Twp-Rng Sec.34 T33N R26W r~ ~ ~ r s _ ~,, Legal Description LOT 10 & E 1-2 OF LOT 11, BLK 13 ,~y~} ~~ a .~~~ -~a""' +r.~il~--- . „ (Note: Legal descriptions here are for tax purposes only. Do not use them for recording purposes.) Last Recording N/A Class 233-Commercial Preferred Occupancy NON-HOMESTEAD Deeded Acres 0.36 Tax District ELK RIVER CITY School District 728 -ELK RNER "~'~i. ~. .n 'w Click to Enlarge Owner Owner PO Box 26 Elk River MN 55330-0026 Am Legion Post 112 v~i~ ~~s.,., 2010 Assessment 2009 Assessment 2008 Assessment 2007 Assessment _ Estimated Land Value $88,000 $89,800 $99,800 - - $99,800 w.r_.,, _. ~, ~~ ~ Ue I 0 ~~~~ _ $4,900 $280,400$286,100' ~-~ ^ ted Value Total Estima $104,70 U $104,700 Tax History 2010 Payable° 2009 Payable ~ 2008 Payable 2007 Payable Taxable Value _ $286,100„ $104,700 -- ~~ NetTax $9,459.04 $3,765 00; $3,634.00 $3,208.00: 00° ~~~~~ $45 $45 00; $20.00 $20.00 Special Assessments . ~ m Principle Balance of Spec. Assessments $45.00: $45 00~ ~_ $20.00 $20.00 Total Payable $9,504.00 $3,810.00 ~ $3 654 00 ~, $3,228.00 Penalty Due ..~ ._ ~ $380.16 $0.00 _ $0.00 _$0 0~i ~ Cost Due & Fees ~ $0.00: $0.00' $0.00~ $0 00? Interest Due ` $0.00 $0.00 $0.00 $0.00 ~ Total Unpaid $9,884.161 $0.00 $0.00 ~ $0.00 Penalty/Intent amounts are valid only for a limited time Tax Payments Click here for property tax payment options Tax Statement Sherburne County, MN ~, bG~CO1'1TM Date Created: 6124/2010. Summary Parcel ID 75-405-1360 ~ ° Parcel n/a Parcel Type RE Property Address 525 RAILROAD DR NW, ELK RNER MN Plat 405-VILLAGE (ELK RNER) "` ' Sec-Twp-Rng Sec.34 T33N R26W "`"'~ >~ ~ r~ ~ ~ ~ Legal Description W 1-2 OF LOT it & ALL OF LOT 12, BLK 13 & E 1-2 OF VAC ~ ~~t " ~ ' '~""~` -° HOLT AVE ABUTTING W LINE OF LOT 12, BLK 13 ~ (Note: Legal descriptions here are far tax purposes only. Do not use them far recording purposes.) Last Recording N/A ~ ` Class 232-Commercial Seasonal Res Rec (Resort) ~_'.., ° ~~~ ~ - ~ ~ ' ~ ~ . Occupancy NON-HOMESTEAD Click to Enlarge Deeded Acres 0.40 Tax District ELK RNER CITY School District 728 -ELK RNER Owner Owner PO Box 26 Elk River MN 55330-0026 Am Legion Post 112 ~aiuauvi ~ 2010 Assessment 2009 Assessment 2008 Assessment ~~ 200_7 Assessment ~~~ $97,700I Estimated Land Value $99 700~ ~~ $113,600 $113,600 ~~~~u~ _ _. ~ ~,... ~ ..:~ _ Estimated Building Value ~ ' $123,0001 _ $125,500 $424,600 $424,600 Total Estimated Value $220,700• $225,200 $538,200 _ $538,200 Tax History _.__. 2010 Payable _. 2009 Payable. 2008 Payable 2007 Payable Taxable Value ~ $225,200 $538,200 _ Net Tax $3,825.00 $13,813.00 $13,336.00 $11,620.00 Special Assessments $135.00 $135 00 _ $90.00 $90.00 Principle Balance of Spec. Assessments - Total Payable Penalty Due Cost Due & Fees $135.00 $3,960.00' ~ $158.40 $0.00 $135 00; e $13,948 00~ $0 00 $0.00 ® ~ $90.00 $90.00' ___ ~_ $13,426.00• $11,710.0© $0.001. __$0.00 $0.00 $0.00 Interest Due ~ $0.00 ~ - $0.00 $0.00 - $0.00+ ~~ Tn*~I Ilnnairl -~~.• ~ $4.118.40i d~ $0.00 $0.00 $0.00 i Penalty/Interest amounts are valid only for a limited time Tax Payments Click here for orooerty tax oavment options Tax Statement