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ITEM 5.1 Consider Resolutions0 otS111.r 0 MINNE5OTAeV DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Clerk Loff April 13, 2020 PRESENTER(s) REVIEWED BY: ITEM #: Administration City Administrator/Finance Director Flaherty 5.1 STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council adopt Resolution 2020-23 and 2020-24. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: 2020 On -Sale Intoxicating Liquor License Renewal The liquor licenses within Otsego are to expire June 301"; the City Clerk is currently working on the renewal paperwork. Per the City fee schedule, the On- Sale Intoxicating Liquor license fee is $4,500 and the Intoxicating Liquor (Sunday) license fee is $200 for a total of $4,700. With the mandated closure of these establishments due to the Governor's Executive Orders, City staff is recommending prorating the license fee for the months they have been closed. City staff recommends prorating the 2019 fees which is allowed per MN State Statute 340.A408, Subd 5 (3) and also recommend allowing a 90 day grace period for the 2020 renewal fees to be paid. The application would still be approved and processed as required; however, this would provide the establishment's additional time to pay the license fees. Delinquent Utility Billing Accounts The Otsego City Code Section 8-1-9.A, states that a late payment fee of ten percent shall be assessed on the unpaid portion on all delinquent utility accounts. To avoid imposing financial hardship on the residents and/or businesses within the City during the current COVID-19 health pandemic, City staff recommends the City Council approve the attached Resolutions. Both of these items were reviewed at the April 8, 2020 Administrative Subcommittee and recommended for approval. SUPPORTING DOCUMENTS ATTACHED: Resolution 2020-23 Resolution 2020-24 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2020-23 amending the fee schedule related to intoxicating liquor license fees for 2020 and Resolution 2020-24 suspending penalties on delinquent billing accounts. BUDGET INFORMATION FUNDING: BUDGETED: Liquor Licenses If adopted, both Resolutions would cause General Fund: 101-32210 revenue shortfalls when compared to the 2020 budgets. Utility Penalties Water Utility Fund: 601-31900 Sanitary Sewer Utility Fund: 602-31900 Storm Water Utility Fund: 222-31900 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2020-23 AMENDING THE FEE SCHEDULE RELATED TO INTOXICATING LIQUOR LICENSE FEES FOR 2020 WHEREAS, the City adopted Ordinance 2019-27 setting the 2020 fee schedule for City Services, Permits and Licenses; and WHEREAS, the City adopted Resolution 2020-20 declaring a local emergency in regards to the Governor issued Executive Order 20-01 declaring a peace time emergency and coordinating Minnesota Strategy to Protect Minnesotans from COVID-19; and WHEREAS, on Monday, March 17, 2020 Minnesota's Governor Tim Walz made the decision to force all Minnesota restaurants and bars to close on -sale liquor operations until at least May 1, 2020 in the wake of the coronavirus pandemic; and WHEREAS, the current On -Sale Intoxicating, 3.2 On -Sale and Wine and Sunday Liquor -licenses issued by the City will expire June 30, 2020; and WHEREAS, Minnesota State Statute 340.A408, Subd. 5(3) allows the City to prorate a share of an annual license fee; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. The City Council hereby approves to prorate the 2019 (July 1, 2019- June 30, 2020) on -sale liquor license fee from March to June in accordance with MN State Statute 340.A408, Subd. 5. 3 to be applied as a credit for the fees due with application for renewal of the license for 2020-2021. 2. The City Council shall allow the following list of existing 2019-2020 on -sale liquor license holders 90 days (to September 30, 2020) to pay their 2020 license fees due. If the license fee is not paid by the extended deadline or further extended by the City Council, any on -sale license for which the fee has not been paid shall be suspended. Establishment License Type Paid 2019 Credit Amount Due in 2020 Boondox Bar & Grill On -Sale Intoxicating/Sunday $4700 $1568 $3132 Cowboy Jacks Saloon On -Sale Intoxicating/Sunday $4700 $1568 $3132 Pour Wine Bar and Bistro On -Sale Intoxicating/Sunday $4700 $1568 $3132 Riverwood Tavern On -Sale Intoxicating/Sunday $4700 $1568 $3132 Drake O'Neill's On -Sale Intoxicating/Sunday $4700 $1568 $3132 Holiday Inn On -Sale Intoxicating/Sunday $4700 $1568 $3132 Rockwoods Bar & Grill On -Sale Intoxicating/Sunday $4700 $1568 $3132 Denny's 3.2 On -Sale Liquor & Wine $250 $83.32 $166.68 ADOPTED by the Otsego City Council this 13th day of April, 2020. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: 2 CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami M. Loff, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2020-24 SUSPENDING PENALTIES ON DELINQUENT UTILITY BILLING ACCOUNTS WHEREAS, on March 13, 2020, Minnesota Governor Tim Walz issued Emergency Executive Order 20-01 declaring a peacetime emergency and coordinating Minnesota's strategy to protect Minnesotans from COVID-19; and WHEREAS, on March 23, 2020, the Otsego City Council adopted Resolution 2020-20 declaring a local peacetime emergency due to the COVID-19 health pandemic; and WHEREAS, the COVID-19 health pandemic has the possibility of causing variable and wide-ranging effects on the residents and businesses within the City; and WHEREAS, the City Council wants to avoid imposing financial hardship on the residents and businesses within the City during the COVID-19 health pandemic; and WHEREAS, the City of Otsego City Code Section 8-1-9.A, states that a late payment fee of ten percent (10%) shall be assessed on the unpaid portion(s) on all delinquent utility accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. The City =-shall suspend the imposition of the late payment fee outlined in City Code Section 8- 1-9.A for a period of three (3) months, effective with the April 2020 billing period. ADOPTED by the Otsego City Council this 13th day of April, 2020. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: 2 CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami M. Loff, City Clerk