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MINUTES OF SPECIAL COUNCIL M~ING
FALCON HEIGHTS, MINNESOTA
JANUARY 21, 197+
A special meeting of the Falcon Heights City Council was called to order at 8:10
P.M. by Mayor Warkentien.
Mayor Warkentien, Councilmen Black, Ecklund, and Steele, PRESENT
and Councilwoman Stocker. Also present were Clerk-Ad-
ministrator Barnes and Attorney Kenefick.
None. ABSENT
Those present in the audience for discussion were:
Attorney Joseph T. O'Neil, Oscar Goedert, James Utne,
Clement Lehnen, John J. McDonough, John Labalestra,
Mike Labalestra, Mrs. Nick Labalestra and Gene Gasparro.
The redrtft of the proposed ordinance was read and the
changes approved as written. The following changes are
to be incorporated into the final draft of the ordinance.
Said changes are shown by underline.
Councilman Steele moved, seconded by Councilwoman Stocker,
that Section 4, subdivision lb, should read: "To be
eligible for an t3a-sale liquor license, the applicant
must be located in hotel or restaurant facilities either
owned or leased which have a market value exclusive of
land of at leas~b two hundred fifty thousand dollars."
Upon a vote being taken thereon, the following voted in
favor thereof: Mayor Warkentien, Councilmen Ecklund
and Steele, and Councilwoman Stocker, and the following
voted against the same: Councilman Black. Motion
carried.
Councilwoman Stocker moved, seconded by Councilman Black,
that the following be included in Section 5, subdivision
8. "The amount of such insurance shall be that recom-
mended by the insurance industry, customvarily carried
by similar establishments, and is approved by the City
Council."
Upon a vote being taken thereon, the following voted
in favor thereof: Mayor Warkentien, Councilmen Bleak,
Ecklund and Steele, and Councilwoman Stocker, and the
following voted against the soave: None. Motion
carried..
Councilman Black moved, seconded by Councilman Steele,
that subject to the attorney's recommendation, Section
6, subdivision 15, paragraph 2, sha11 read. "With
regard to a corporate licensee, a transfer will also
be deeaved to occur when there is a transfer of stock
in the corporation within a twelve month period,
which constitutes more .than 50 per cent of the
outstanding cosmvon stock of the corporation."
Upon a vote being taken thereon,-the following voted
in favor thereof: Mayor Warkentien, Councilmen Black,
Ecklund, and Steele, and Councilwomoan Stocker, and the
following voted against the same: None. ,Motion carried.
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Fees for the ~.icense and investigation were then discussed.
Attorney Joseph O'Neil, representing Mr. Oscar Goedert, re-
minded the Council that the license fee cannot be used for
incase producing revenue, but must be used to offset police,
and fire protection and other City service costs. He
stated that he felt it should be set at a reasonable amount
until the Council is sure of the expenses that the operation
of on-sa1.e liquor would incurr.
Several suggestions were made as to basing the cost of the
license on the size of the establishment, or on a certain
per centage per table per day, or a license fee based on
administrative costs, police and fire protection, etc.,
that the establishment incurred during a year.
Attorney Kenefick stated that the Council could raise the
license fee at the time of renewal which would be before
July 1, 1975, it it felt that the fee previously set
was not taking care of the added expenses.
The investigation fee was also discussed. It was felt
that a maximum amount should be set with the fee not
to exceed that amount. Councilman Black suggested that
there be an itemized bill of the investigation presented
to the Council, with the findings of the investigation.
Councilman Steele introduced the following Resolution
and moved its adoption:
RESOLUTION ~(4-5
A RESOLUTION SETTING THF~ ON-SALE LIQUOR LICENSE AND
INVffiTIGATION F8E IN THE CITY OF FALCON HEIGHTS
WHEREAS, the Council is authorized to set the license fee
and the investigation Pee for the granting, renewal and
transfer of "On-Sale" liquor licenses, and
WHBEtEAS, the Council deems the fee of X3,500.00 per year
to be presently commensurate with the required police and
fire protection, road maintenance and other City expenses,
but reserves the right to reexamine these expenses
periodically.
NOW, THEREFORI~, B$ IT HffitSBY RESOLVED, by the City Council
of the City of Falcon Heights:
1. The annual license Pee for on-sale liquor licenses shall
$3,5~•~ pcr year, but said fee shall be reexamined in
one year taking into accouht all considerations of additional
expenses such as police and fire protection, road maintenance
and other considerations relating to health, safety and
welfare.
2. The investigative fee for granting, renewal and transfer
of on-sale liquor licenses shall be the actual costs of said
investigation not to exceed $400.00.
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The motion for the adoption of the foregoing Resolution was
duly seconded by Councilwoman Stocker, and upon a vote being
taken thereon, the following voted in favor thereof:
Me4Yor Warkentien, Councilmen Stack, and Steele and Council-
wo®an Stocker, and the following voted against the same:
Councilman Rcklund.
Whereupon, the Resolution was declared duly passed and
adopted.
Mayor Warkentien moved, seconded by Councilwoman Stocker,
to adjourn the meeting at lOs~O P.M. Motion carried.
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d,IB ~!. A. WART
Attest:
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wan B. Barnes, erk- nistrator
Special meeting of January 21, 197+
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