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HomeMy WebLinkAboutJan 3, 1977OFFICIAL PROCEEDINGS SPECIAL MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA JANUARY 3, 1977 The Meeting was called to order at 8:04 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present STATEMENT OF PURPOSE OF MEETING Mayor Nawrocki noted that the purpose of this meeting is to hold the second reading of Ordinance 857. SECOND READING OF ORDINANCE 857 BEING AN ORDINANCE RELATING TO LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR The second reading of ordinance 857 was given by City Manager Malcolm Watson. The Ordinance was Offered by Logacz, Seconded by Hentges. Discussion began on various sections of the Ordinance. Councilman Hentges questioned section 10-E (page 9) which read: No license shall be granted to any hotel or restaurant for premises located within 300 feet of a public school or of any church. The dis- tance shall be measured in a straight line from the nearest point of the building in which the licensed business is to be located to the nearest point of the church or public scbool building. He noted that the term "public school" was not accurate enough. He felt the section should be expanded to include ~irect reference to private and parochial schools. Councilman Logacz suggested defining a school as an institution regularly attended by students under the age of nineteen. There was more discussion on how "school" should be defined. Councilman Heintz then stated that he .felt the license fee, proposed at $7,500 annually, was too high. The Mayor explained that the $7,500 number had been set after considerable discussion as to what figure would be appropriate. It was noted that the Council has the power to change the fee by resolution, although it is not the Mayor's intent to set the fee at $7,500 in the ordinance and change it drastically by resolution. Motion by Norberg, Seconded by Heintz to amend section 7-G (page 6) to read: The annual license fee shall be set by resolution of the Council. In the absence of a resolution, the annual license fee shall be $5,000. January 3, 1977 ~{ayor Nawrocki noted that the people of the community had been given an idea of how liquor licensing would be handled during the campaign to pass this referendum. The fee proposed in the amendment is less than what had been discussed at this time. He went on to say that some proponents of split liquor had professed that this weuld be a 'money-maker' for the City. Roll Call on Motion to Amend: Logacz, Heintz, Norberg--aye Hentges, Nawrocki--nay >~otion carries. Discussion turned back to section iO-E (page 9) and the subject of defining what is considered a school. Motion by Norberg, Seconded by Logacz to amend section 10-E (page 9) to read as follows: No license shall be granted to any hotel or restaurant for premises located within 300 feet of any church or within 300 feet of any public or private school reguTar]y attended on a full time basis by students under the age of 19 years. The distance shall be measured in a straight line from the nearest point of the building in which the licensed business is to be located to the nearest point of the church or public scl~ool building. Roll Call: Ail Ayes Motion by Norberg to amend the number of feet in section 10-E (above) to 400. Motion dies for lack of a second. The Council continued to review the OrdJnance, looking for sections that could possibl>~ be strengthened by amendments. Motion by Norberg to amend the second sentence (~f section 1-G (page 2) to read: Such establishment shall have facilities for seating not less than one hundred fifty (150) guests at one ti::~e Jn one contiguous restaurant. The phrase "in one conti~u~ous restaurant" was the proposed addition. Motion dies for lack of a second. Motion by Norberg, Seconded by Hentges to amend the second sentence of section 1-G (page 2) to read: Such establishment shall have facilities for seatin~ not ]ess than one hundred fifty (150) guests at one ti~e on the main floor. The phr~e "on the main floor" was the proposed addition. Mayor Nawrocki questioned the purpose of this amendment. Councilman Norberg stated that it would provide for a large, nice operation. Roll Call: Norberg, Hentges--aye Logacz, Heintz, Nawrocki--nay Motion fails. January 3, 1977 Councilman Norberg commented that he did not feel the Ordinance as presently proposed met the intent of the referendum. There was further consideration of the section dealing with schools. Motion by Heintz, Seconded by Logacz to amend section 10-E (page 9) as ifollows: No license shall be granted to any hotel or restaurant for premises located within 300 feet of any church or within 300 feet of any public or private elementary and secondary school regularly attended on a full time basis by students under the age of 19 years. The distance shall be measured in a straight line from the nearest point of the building in which the licensed business is to be located to the nearest point of the church or public school building. The phrase "elementary and secondary" was being added. Roll Call: Logacz, Heintz, Nawrocki--aye Norberg--nay Motion carries. (Councilman Hentges was not in the Chambers at the time of the vote.) Roll Call on Ordinance 857 (including amendments as stated herein): Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Ordinance 857 is adopted. Motion by Heintz, Seconded by Logacz to adjourn at 10:05 p.m. Roll Call: All Ayes Secretary