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HomeMy WebLinkAboutSept 15, 1981~Official Proceedings Continued Council Meeting September 15, 1981  meeting was called to order by Mayor Nawrocki at 10:45 pm. This meeting is a contin- ion of the regular Council meeting of September 14, 1981. Roll Call: [oga~, Heintz, Norberg, Hentges, Nawrocki--present 1. Ordinances and Resolutions a. Ordinance No.963~Being an Ordinance Amending Ordinance No.853, City Code of 1977, ~ertaining to Arcades--Second Reading ~his ordinance was discussed earlier in the meeting of September 14th and tabled for further discussion until this meeting. The City Attorney explained the amended version of the ord- inance and reviewed additional amendments as suggested by some members of the Council. Motion by Heintz, second by Norberg to offer the following amendments to Ordinance No.963: add to Section 5.411(7) paragraphs (n),(o),(p); to Section 5.411 (8) add (q) and amend Section 5.411 (7)(a) to read, "Only premises which are within commercial districts of the City may be licensed. An arcade that is a primary use of the parcel on which it is located may not be within one hundred fifty feet (150') of any residential district within three hundred feet (300') from any church." Also, on the amendment to Section 5.411 (7)(n) the words "and beverages" should be included following the words "The consumption of food..." Roll call on the amendments: [ogacz, Heintz, Norberg, Hentges--aye Nawrocki--nay Motion by [ogacz, second by Hentges to amend Section 5.411 (2)(e),(i),(j),(k) to read "nine" instead of "seven" Motion by Norberg to amend the amendment to substitute the word "three" instead of"seven". Motion dies for lack of a second. Roll call on the amendment: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay ( ion by Heintz, second by Logacz to waive the reading of the ordinance there being ample ies available to the public. Roll call: All ayes ORDINANCE NO. 963 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TC ARCADES The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.411 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 5.411 (1) No person shall operate an arcade without first paying a license fee and obtaining and having a current license as herein provided. The license required under this section shall be in addition to any license or li- censes required to be obtained under any other provision of this Code. 5.411 (2) For the purpose of this section, the term "arcade" shall mean any building, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the fc~fow- lng amusements: (a) Billiard, pool, foosball, air hockey or pigeon hole tables; (b) Pinball machines (c) Shooting gallery machines (d) Any electric or electronic device or game patterned after table tennis, hockey, and similar games, including electric rifle or gun ranges 'Continued Council Meeting September 15, 1981 page 2 (e) Any other mechanical or electrical device which is designed to be played by a contestant or contestants and upon which the con- testants receive a score or rating based upon their performance. w~ich building, structure or tract of land contains nine or more much -amusement tables, machines or devices, hereinafter referred to as de- vice~, or any combination thereof, shall be defined as an "arcade". (f) Such devices shall be kept at all times within a building which con- forms to the City of Columbia Heights building code and zoning ordi- nance and which is the primary building on the lot. (g) If the devices are kept within a separate room within a conforming building, or in a separate conforming building connected by an open- ing to another building, such separate room or separate building must be adjacent to and directly connected to the remaining por- tions of the building or separate building as the case may be by an opening not less than ten feet (10') in height as measured from the floor to the top of the opening and not less than ten feet (10') in width. (h) If the building in which such devices are kept is connected to a sep- arate building as referred to in paragraph 5.411(2)(g), such con- nected separate building shall conform to the City of Columbia Heights building code and zoning ordinance for use as an arcade except that no additional automobile parking or bicycle parking racks as provided by paragraph 5.411(7)(e) shall be required for the separate building unless the separate building is also used as an arcade or unless otherwise required by mtate or local law. (i) Notwithstanding anything in this section to the'contrary, any build- ' ing, structure, or portion thereof, the primary use or activity of which is the providing of the amusements referred to herein by the use of nine or more of the devices or any combination thereof, as referred to herein shall be defined as an "arcade". <j) Notwithstanding anything in this section to the contrary, any room or portion of a building, the primary use or activity of such room or portion of such building is the providing of the amusements re- ferred to herein by the use of nine or more of the devices, or any combination thereof as referred to herein, shall be defined as an "arcade" if such room or such portion of such building is accessible to the public by a separate entrance in addition to the entrance from the remainder of the building. (k) Notwithstanding anything in this section to the contrary, any room or portion of a building, the primary use or activity of such room or portion of such building is the providing of the amusements re- ferred to herein by the use of nine or more of the devices, or any combination thereof as referred to herein, shall be defined as .an "arcade" if such room or such portion of such building is accessible to the public by a separate entrance other than an entrance from the remainder of the building. 5.411 (3) Any person desiring to operate an arcade or to renew his license to con- duct such activity shall file with the Clerk an application on forms pro- vided by the Clerk for that purpose. The application form shall contain the following, together with any other information which the City Manager may require: 'Continued Council Meeting September 15, 1981 page 3 5.411 (4) 5.411' (5) 5.411 (6) (a) Name and address of applicant; (b) Address of the proposed arcade, and a diagram of the proposed floor plan of the premises; ~(~) The name and address of all persons owning or having an interest in the licensed premises and in the proposed business. In the case of a corporation, this shall include the names and addresses of the officers and directors of the corporation and all share- holders who own alone or in conjunction with their spouse or child- - ren more than 10% of the issued shares of corporate stock; (d)' If the licensed business is owned by a corporation, a copy of the certificate of incorporation, articles of incorporation and by- laws of the corporation; (e) The name and address of the manager or managers who will supervise the licensed activity; (f) Whether any of the persons listed in paragraphs (a), (c), or (e) of this subdivision have been engaged in the business of operating an arcade in the last five years; (g) Whether any of the persons listed in paragraphs (a), (c), or (e) of this subdivision have been convicted of a crime or have had an application for an arcade license denied, revoked or suspended within the last five years; (h) The applicant's plan of security for the licensed premises. The license fee shall be for the calendar year and must accompany the license application. The license fee shall be set by annual resolution of the Council which may set a higher fee for the first year than for license renewals. All applications for licenses shall be referred to the Chief of Police and to such other persons on the City staff as the City Manager shall deem necessary for'investigation and recommendation. The persons to Whom an application has been referred shall make their report and recom- mendations in writing. Upon receipt of the written reports and recommendations, the City Mana- ger shall cause to be published in the official newspaper, at least 10 days in advance, a notice of public hearing to be held by the City Council setting forth the day, time and place when the hearing will be held, the name of the applicant and the location where the business is to be conducted. The application, together with the City Manager's recommendation, shall be submitted to the City Council at the hearing. After the hearing, the Council may grant or deny the license. In granting the license, the Council may impose special conditions if it deems such conditions to be necessary because of particular circumstances related to the applica- tion. Existence of any of the following conditions shall render the applicant ineligible for a license, to-wit: (a) If the applicant or the manager of the licensed business is: (i) under 21 years of age; (ii) an alien; (iii) a foreign corporation; 'Continued Council Meeting September 15, 1981 page 4 5.411 (7) (b) If the applicant, manager, or persons owning the licensed activity: (i) is not a person of good moral character and repute; (ii) has been convicted of an offense which relates to the conduct ~ of the licensed business; ~c) has operated a similar business elsewhere which operation did not substantially comply with the provisions of this section relating -to the manner in which the business is conducted; (d) has been denied a license to conduct a like or similar activity or kas had such license suspended, revoked or canceled. IssuAnce and retention of l~censes shall be subject to each of the follow- ing conditions, to-wit: 5.411 (7) (a) Only premises which are within commercial districts of the City may be licensed. An arcade that is a primary use of the parcel on which it is located may not be within one hundred fifty feet (150') of any residential district or within three hundred feet (300') of any school or church; (b) No premises may be licensed unless sufficient visibility exists from outside the entrance to the premises for a person of average stature to visually survey the entire premises and all possible locations of patrons therein; (c) The consumption of alcoholic beverages, whether classified as in- toxicating or non-intoxicating, or the use of any controlled substance ,~nn mnv hart of the licensed pr~m~e~ is ~robibited: (d) No person under the age of 17 years shall be permitted to remain on any part of the licensed premises after 10:00 o'clock p.m. unless accompanied by his parent or legal guardian; (e) No .person under the age of 14 years shall be permitted to enter or remain upon any part of the licensed premises unless accompanied by his parent or legal guardian; (f) Adequate off street parking for automobiles must be provided in com- pliance with the current City Code requirements. Additionally, the licensee shall provide bicycle racks for at least twenty (20) bicycles which shall not be substituted for required automobile parking; (g) The licensed premises shall fully comply with all applicable State and local regulations dealing with health, zoning and b6ilding requirements; (h) The licensee shall be responsible for maintaining order on all parts of the licensed premises. (i) Only amusements with a current valid Columbia Heights license sticker attached may be offered for use or kept on the licensed premises; (j) No wagering or betting for a consideration or any other gambling shall be permitted on the licensed premises. (k) The licensed activity shall be conducted in such a manner and located in such a place so as not to be likely to result in injury or dam- age to persons or property in the neighborhood or injurious, anhoy- ing or disruptive to patrons of other businesses located in the area. Sound emitted at any point of the perimeter of the licensed premises may not exceed the sound allowed at any lot line in ac- cordance with Section 9.117(9) of this Code. (1) The applicant or manager designated in the license application shall be present on the premises during all times the premises are open. No new manager may be placed in supervision of the premises until he has been approved by the City Council; 'Continued Council Meeting A uniformed Columbia Heights peace officer shall be present on the premises during all times that the premises are open. No pegce officer shall be required to serve on the premises except with the approval of the Chief of Police and only when the licensee ~ has paid in advance for such service. (n) The consumption of food and beverages upon any part of the licensed premises is prohibited. (o) The smoking of cigarettes, cigars, pipes, or tobacco in any form upon any part of the licensed premises is prohibited. (p) If the arcade is an accessory use of the property on which it is located, the arcade may not be open for business at times when the primary use of the property is not also open for business. (q) If the arcade is an accessory use of the parcel on which it is lo- cated, any and all entrances to the arcade must be directly through the primary use area of the parcel, and no arcade may be directly accessible to patrons without passing through such other use. Notwithstanding the foregoing, the arcade area may have a fire door that will permit patrons to exit only in times of emergency. At the time of filing an application for license under this section, the applicant shall file a bond with a corporate surety with the City Clerk in the amount of $5,000.00. Alternatively, the applicant may file a cash bond in the same amount. Ail such bonds shall be kept in full force and effect throughout the license period and shall be conditioned as fol- lows: (a) The licensee shall obey the laws relating to the. licensed business; (b) The licensee shall pay to the City when due all taxes, license fees, penalties and other charges provided by law; (c) In the event of violation of any law relating to the business for which the license has been granted, the bond shall be for- feited to the City. The license may be revoked or suspended in accordance with this Chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; (b) Conduct inimical to the interests of public health, safety and welfare; (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction; (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. 5.411 (8) 5.411 (9) September 15, 1981 page 5 (m) Continued Council Meeting September 15, 1981 pa§e 6 Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: July 27, 1981 Second reading: September 15, 1981 Date of passage:September 15, 1981 Offered by: Seconded by: Roll call: Heintz Logacz Logacz, Heintz, Hentges, Nawrocki--aye Norberg-~pass Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council b. First Reading of Ordinance No. 976 Being an Ordinance Amending Ordinance No, 853, City Code of 1977, Pertaining to Games of Skill Motion by Heintz, second by Hentges to waive the reading of the ordinance there being ample copies avaiable to the public. Roll call: All ayes ORDINANCE NO. 976 BEING AN ORDINANCE A~NDING ORDINANCE NO. 853, CITY coDE OF 1977, PERTAINING TO GAMfES OF SKILL The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.404(5) of Ordinance No. 853, City Code of 1977, passed June 21~ 1977, which reads as follows, to-wit: "No 'game of skill' l~censed under this section shall be located within two hundred feet of any school building or church" is herewith amended to read as follows, to-wit: "No 'game of skill' licensed under this section shall be located within one hundred feet of any school building or church". Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: September 15, 1981 Offered by: Seconded by: Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary .Continued Council Meeting September 15, 1981 page 7 First Reading of Ordinance No.977 Being an Ordinance Amending Ordinance No.853, City Code 1977, Pertaining to Pool Tables, Billiard Tables, Bowling Alleys and Games of Skill. Motion by Norberg~ second by Heintz to waive the reading of the ordinance there being ample copies availabl~ to the public. Roll call: All ayes ORDINANCE NO. 9~ BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL TABLES, BILLIARD TABLES, BOWLING ALLEYS AND GAMES OF SKILL The City Co6ncil of the City of Columbia Heights does ordain: Section 1: Section 10.301(16) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "No person shall operate or maintain a pool table, billiard table, bowling alley, or "game of skill", as defined by 5.404(2) within 500 feet of the nearest point of any school or church premises within the limits of the City of Columbia Heights" is herewith amended to read as follows, to-wit: Sec'tion 2: "No person shall operate or maintain a pool table, billiard table, bowling alley, or "game of skill", as defined by 5.404(2) within 100 feet of the nearest point of any school or church premises within the limits of the City of Columbia HeightsV This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: September 15, 1981 Second reading: Date of passage: Offered by: Seconded by: Roi1 call: Bruce G. Kawrocki, Mayor Jo-Anne Student, Secretary to the Council d. First Reading of Ordinance No.979 Being an Ordinance Amending Ordinance No.853, City Code of 1977, Pertaining to Conditional Uses in Business Districts Motion by Norberg, second by togacz to waive the reading of the ordinance there being ample /~IIpies available to the public. Roll call: All ayes · Continued Council Meeting September 15, 1981 page 8 ORDINANCE NO. 979 ~EING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE ~ OF 1977, PERTAINING TO CONDITIONAL USES IN BUSINESS DISTRICTS ~he City Council of the City of Columbia Heights does ordain: Section 1: Ordinance No. 853, City Code of 1977, pasSed June 21, 1977, which reads as follows, to-wit: 9.ii2(2) Conditional Uses Within any "CB6" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures. (b) Dwelling units provided: i) The units do not occupy the first floor. ii) That a roof intended for usable space shall be enclosed by a wall or fence not less than five (5) feet in height. (c) iii) Open sales lots provided that: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Eng°ineer. ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. If the operation of the open sales lot be self-operated 'or automated in total or in part, a site plan shall be submitted indicating the location of such devices. There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. (g) Vending machines (coins operated) whether they be for service or . product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. (h) Restaurants, cafe, tea room, tavern,bar, provided said design is to only serve customers seated at tables, counters or booths. Continued Council Meeting September 15, 1981 page 9 is herewith amended to read as follows, to-wit: 9.112(2) .Conditipnel Uses ' Within any "CB6" Buslne~s District, no strUcture or land shall be used for the .fo~lowing Uses except by conditional use permit. (a) Accessory structures. (b) Dwelling units provi'ded: i) , The units do not occupy the first floor. That a roof intended for usable spa~e shall be enclosed, by a wall or fence not less than five (5) feet in height. (c) (d) iii) Open sales lots provided that: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. .. If the operation of the open sales lot be self-operated'or automated in total or in part, a site plan shall be submltted . indicating the location of such devices. iv) There is located thereon a building devoted to and used in such sales use whlch is at least as large in floor area as such occupation and use. Off-street parking lots subject to Section 9.Z16(2). (e) Parking ramps, (f) (g) (h) Public utility structures. Vending machines (coins operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a buildin~ and conform to all applicable regulations. Should the vending machine be - the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. Restaurants, cafe, tea room, tavern,bar, provided said design is to only serve customers seated at tables, counters or booths. _. Section 2: (i) Arcades Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: Continued Council Meeting September 15, 1981 page 10 9.112(3) Permitted Accessory Uses Within the "CBD" Business District, the followlng uses shall be permitted a cces s4) r~y uses. (a) Decorative landscape features. (b) Off-street loading. (c) Harquees and awnings on public and pri~ate property subject to Ordinance No. 195. - (~) Off-street parking for principal use s'ubject to Section 9.116(4). (e) Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal.use nor thirty (30) percent of the man hours required to conduct the principal use. (f) Signs as regulated by and to the extent permitted by Section 9.117A. (~) Private swimming pools. (n) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction· is herewith amended to read as follows, to-wit: 9.112(3) Permitted Accessory Uses :' Within the "£BD" Business District, the following uses shall be permitted accesspry uses. (a) Decorative landscape features. (b) OffIstreet loading'. (c) Harquees and awnings on public and pri~ate property subject to Ordinance No. 195. - (d) Off-street parking for principal use subject to Section 9.116(4). (e) Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal.use nor thirty (30) percent of the man hours required to conduct the principal use. (f) Signs as regulated by and to the extent permitted by Section 9.117A. (~) Private swimming poDls. (h) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. Continued Council Meeting September 15, 1981 page I1 (i) Games of skill provided: [il The number of such games shall not be sufficient to constitute an "arcade"; The games of skill may only be used at such times as the primary 'use of the property on which the games are located are open for business. [iii] The premises on which the games of skill are located must be entered by patrons only through the primary use of the building, and the premises on which the games of skill are located must have no direct entrance from the outside other than through the primary use. Provided, however, that the portion of the build- ing in which the "games" are located may have a fire door through which patrons may exit in times of emergency. Section 3: Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory buildings. (b) Dwelling units provided. (c) The units do not access the first floor, and Access to dwellings is an exclusive entrance (d) Off-street parking lots subject to Section 9.116(2). (e) Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. (f) Open sales lots subject to Section 9.116(14). (g) Motor fuel stations (minor) subject to Section 9.117. (h) Restaurant, cafe, tea room, bar, prepared food outlets subject tO Section 9.116(15). (i) Drive-in-businesses subject to the following requirements: i) Hours of operation shall be confined to the period between 10:OD a.m. and i:O0 a.m. for those serving food or drink. ii) The entire area shall have a drainage system approved by the City Engineer. iii) The entire area other than that'occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City £ngineer. ' Continued Council Meeting September 15, 1981 page 12 i¥) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of- Way or adjacent land in residential use. is'herewith amended to read as follows, to-wit: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory buildings. (b) Dwelling units provided. (c) The units do not access the first floor, and Access to dwellings is an exclusive entrance (d) Off-street parking lots subject to Section 9.116(2). (e) Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. (f) Open sales lots subject to Section 9.116(~). (g) Motor fuel stations (minor) subject to Section 9.117. (h) Restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15). (i) Drive-in businesses subject to the following requirements: i) Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. for those serving food or drink. ii) The entire area shall have a drainage system approved by the City Engineer. iii) The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer. iv) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. v) The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of- way or adjacent land in residential use. (j) Arcades Continued Council Meeting September 15, 1981 page 13 Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading~ Second read~ng: Date of pasgage:- September 15, 1981 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council e. First Reading of Ordinance No.973 Being an Ordinance Amending Ordinance No.853, City Code of 1977, Pertaining to Licensing (Intoxicating Liquor) Motion by Hei'ntz, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. This ordinance lessens the distance restriction on hotel or restaurants with intoxicating liquor licenses from 200 feet to 75 feet. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Motion fails. The City Manager and the City Attorney read the ordinance. ORDINANCE NO. 973 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LICENSING (INTOXICATING LIQUOR) The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.503(10) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Places ineligible for license are as follows: (a)~ No license shall be granted, or renewed~ for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, ~nnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this pro- vision; no waiver may be granted, however, for taxes or any portion thereof, which r~main unpaid for a period exceeding one year after coming due. (b) No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39. Provided, ho~.ever, that no such person may have a financial interest in the operation of the business at such location. Continued Council Meeting September 15, 1981 page 14 (c) No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 3000 square feet or for a hotel that does not have a ~ dining area open to the general public with a total minimum floor area of 2000 square feet. (~) No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. (e) 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 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 school building. (f) No license shall be issued for premises other than a hotel or res- taurant. (g) No license shall be granted for any premises which does not have a sprinkler system." is herewith amended to read as follows, to-wit: "Places ineligible for license are as follows: (a) No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this pro- vision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after be- coming due. (b) No l~cense shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39. Provided, however, that no su'ch person may have a financial interest in the operation of the business at such location. (c) No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimu~ floor area of 3000 square feet or for a hotel that does not have a dining area open to the general public with a total minimum floor area of 2000 square feet. (d) No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. · Continued Council Meeting September 15, 1981 page 15 (e) No license shall be granted to any hotel or restaurant for premises located within 75 feet of any church or within 75 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 dis- tance shall be measured in a straight line from the nearest point of the building in which the l~censed business is to be located to the nearest point of the church or public school building. (f) No license shall be issued for premises other than a hotel or res- taurant. (g) No license shall be granted for any premises which does not have a sprinkler system." Section 2: This Ordinance shall be in full force and effect from amd after thirty (30) days after its passage. First reading: Second reading: Date of passage: September 15, 1981 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mmyor Jo-Anne Student, secretary to the Council f. First Reading of Ordinance No.974 Being an Ordinance Amending Ordinance No.853, City Code of 1977, Pertaining to Licensing.(.Intoxicating Liquors) This ordinance eliminates any distance restrictions on hotels or restaurants with intox- icating liquor licenses. This ordinance was not read. g. First Reading of Ordinance No.972 Being an Ordinance Amending Ordinance No.853, City Code of 1977, Pertaining to Intoxicating Liquor The City Attorney explained this ordinance allows anyone with an intoxicating liquor license to serve wine without having to have a wine license and also speaks to the keeping of pot- able substances on the premises. Motion by Heintz, second by Logacz to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Continued Council Meeting September 15, 1981 page 16 ORDINANCE NO. 972 ~BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO INTOXICATING LIQUOR The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.503 (2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "No person except wholesalers or manufacturers to the extent authorized under state license shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Ordinance." is herewith amended to read as follows, to-wit: "No person except wholesalers or manufacturers to the extent authorized under state license shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this chapter." Section 2: Section 5.503 (11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Conditions of license shall be as follows: (a) Every!icense shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. (b) The license shall be posted in a conspicuous place in the licensed establishment at all times. (c) Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the pre- mises of the licensee during business hours without a warrant. (~) Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. (e) No on sale licensee shall sell intoxicating liquor off sale. (f) No license shall be effective beyond the space named in the license for which it was granted. Continued Council Meeting September 15, 1981 page 17 (g) (h) (J) (k) (1) (m) (n) No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by state law. No person under 19 years of age shall be employed in any rooms constituting the place in which intoxicating liquors are sold at retail on sale, except that persons under 19 years of age may be employed to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on sale. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by state law. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Pqssession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents or the original package have been diluted, changed or tampered with. No licensee shall apply for or possess a Federal Whole- sale Liquor Dealer's special tax stamp or a Federal gambling stamp. No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City Manager, or other duly authorized represen- tative of the City at all reasonable times. Changes in the corporate or association officers, cor- porate charter, articles of incorporation, by-laws or partnership agreement, as the case may be, shall be sub- mitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the Continued Council Meeting September 15, 1981 page 18 licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds five percent (5%), and shall give all information about said person as is required of a person pursuant to the provisions of Section 4 of this ordinance. (o) At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended. (p) A licensed restaurant shall be conducted in such a manner that forty percent (40%) of the business for a licensee year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, forty percent (40%) of the business for a license year is the serving of foods. (q) No licensee shall knowingly permit the licensed premises or any room in those premises or any adjo%ning building directly or indirectly under his control to be used as a resort for prostitutes. (r) No licensee shall keep, possess, or operate or permit the keeping , possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. (s) At the time of application for renewal of application of an on sale license, the applicant shall submit proof to the City that not less than forty percent (40%) of the gross sales of the establishment for which the on sale license is to be used is in the serving of food." is herewith amended to read as follows, to-wit: "Conditions of license shall be as follows: (a) Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. (b) The license shall be posted in a conspicuous place in the licensed establishment at all times. 'Continued Council Heeting September 15, 1981 page 19 (c) (d) (e) (f) (g) (h) (i) (j) Any police officer, building inspector, or any employee so designated by the City .Manager shall have the unqualified right to enter, inspect, and search the pre- mises of the licensee during business hours without a warrant. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. No on sale licensee shall sell intoxicating liquor off sale. No license shall be effective beyond the space named in the license for which it was granted. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by state law. No person under 19 years of age shall be employed in any rooms constituting the place in which intoxicating liquors are sold at retail on sale, except that persons under 19 years of age may be employed to perform the duties of a busboy or dishwashing services ~n places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on sale. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by state law. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents or the original package have been diluted, changed or tampered with. Continued Council Meeting September 15, 1951 page 20 (k) No licensee shall apply for or possess a Federal Whole- sale Liquor Dealer's special tax stamp or a Federal gambling stamp. (1) No licensee shall keep ethyl alcohol or neutral spirits which are not potable on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. (m) The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City Manager, or other duly authorized represen- tative of the City at all reasonable times. (n) Changes in the corporate or association officers, cor- porate charter, articles of incorporation, by-laws or partnership agreement, as the case may be, shall be sub- mitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds five percent (5%), and shall give all information about said person as is required of a person pursuant to the provisions of Section 4 of this ordinance. (o) At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended. (P) A licensed restaurant shall be conducted in such a manner that forty percent (40%) of the business for a licensee year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, forty percent (40%) of the business for a license year is the serving of foods. (q) No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. (r) No licensee shall keep, possess, or operate or permit the keeping , possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. Continued Council Meeting September 15, 1981 page 21 (s) At the time of application for renewal of application of an on sale license, the applicant shall submit proof to the City that not less than forty percent (40%) of the gross sales of the establishment for which the on sale license is to be used is in the serving of food." Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: September 15, 1981 Offered by: Seconded by: Roll Call: Bruce G. Nawrocki, Mayor Secretary to the Council Resolution 81-48 Authorizing Application for MHFA Rehabilita~ton Loan Funds RESOLUTION 81- 48 AUTHORIZING APPLICATION FOR MHFA HOUSING REHABILITATION LOAN FUNDS WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide grants of funds to property owners for th'e purpose of housing rehabilitation; and WHEREAS, the Housing Redevelopment Authority of Columbia Heights has developed an application as an Administering Entity for the Minnesota Housing Finance Agency Home Improvement Loan Program; and WHEREAS, the Housing Redevelopment Authority of Columbia Heights has demonstrated the ability to perform the required activities of the Minnesota Housing Finance Agency Home Improvement Loan Program; NOW THEREFORE BE IT RESOLVED that the Housing Redevelopment Authority of Columbia Heights is hereby authorized as an entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Home Improvement Loan Program, in the county/city of Anoka/Columbia Heights. Approved September 15 , 1981 By Its (Authorized Officer) (Title) Continued Council Meeting September 15, 1981 page 22 Offere~ By: Heintz Seconded By: Hentges Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary i. Resolution No.81-49 Designating Election Judges RESOLUTION #81-49 DESIGNATING ELECTION JUDGES Pursuant to City Charter, Section 30 and M.S.S.2~4A.17 the Council shall appoint, at least 25 days before election, qualified voters in each election district to be judges of election. NOW THEREFORE, Be it Hereby Resolved that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the City Primary Election to be held on October 13, 1981, if necessary, and the City General Election to be held on November 3, 1981 with an hourly remuneration of $4.10 for a head judge and $3.35 for an election judge. Passed th~s 14th day of September, 1981. Offered by: Norberg Seconded by: Heintz Roll Call: All ayes Bruce G. Nawrocki, Mayor Secretary to the Council · Continued Council Meeting September 15, 1981 page 23 New and Old Business a. Old Business- 1. Energy Fair Budge~ Motion by Norberg, second by Hentges to reconsider the action taken by the Council on the budget for the Science, Technology and Energy Commission Energy Week. The specific concern with the budget dealt with the monies requested for advertising. A motion to re- consider is not debatable. Roll call: Norberg, Hentges--aye Logacz, Heintz, Nawrocki-- nay Motion fails. 2. 37th Avenue Project-- Cargill Corporation This matter was discussed at the Council meeting of September 14th. Additional information was presented by the Public Works Director. With the use of maps he showed the Council the area of concern to Cargill. Curbing, sodding, and blacktopping for a specific area was discussed. b. New Business 1.Authorization to Seek Bids Regarding Rubbish Service Removal Contract The Council received copies of the bid specifications. The Council was advised that in a recent Attorney General's ruling there is no requirement to seek competitive bids for a rubbish and garbage contract. The present contract with MCS expires November 28, 1981. Much discussion followed regarding the advisability of seeking bids as opposed to negotiating with the present hauler. Also, the Countil was polled on the matter of including an (~l~ca~ator clause in the contract. l~l~ion by Hentges, second ~by Norberg to authorize the City Manager to Negotiate with MCS until Septmber 21st and at that time, at the scheduled special meeting of the Counwil,it will be determined if they would go out for bids or concur with the agreement to continue with MCS. Roll call: Logacz, Norb~rg, Hentges--aye Heintz, Nawrocki--nay Motion passes 2. Annual Civil Defense Volunteer Police and Fire Reserve Recognition Dinner Motion by Logacz, second by Norberg to authorize the annual Civil Defense Volunteer Fire and Police Reserve recognition dinner at the Chanhassen Dinner Theatre on Saturday, October 24th and that the expenses not to exceed $2,500. Roll call: All ayes This event is co-sponsored with the Columbia Heights Chamber of Commerce. 3. Change Order--Sullivan Lake Park Development The Public Works Director gave the background on the need for this change order. Motion by Heintz, second by Logacz to authorize the City Manager to execute a change order in the amount of approximately $3,600 with Minnesota Valley Landscaping for the purpose of driving piles for the east bridge abuttment. Roll call: All ayes 4. Award of Purchase for Snow Plows Motion by Heintz, second by Logacz to authorize the purchase of a one-way plow from Hayden Murphy Co. for the low quotation of $1,957. Roll call: All ayes 5.North Suburban Family Service Center--Request for Subsidy The City Manager gave the background on this request and service center. He also advised the Council as to the frequency with which this center has been used by resident of Col- umbia Heights in the last three years.  ltion by Hentges, second by Heintz to deny the request. Roll call: Heintz, Norberg, Hentges-- ,e Logacz, Nawrocki--nay 5. Appointment of Auditor for Audit for 1981 Records Motion by Heintz, second by Norberg to appoint George M. Hansen Company to undertake the Continued Council Meeting September 15, 1981 page 24 audit of the City's 1981 financial records at a cost not to exceed $9,200. R¢ll call: All eyes. 6. Proposed Saler~ Increase for Mayor and Council Members Councilman Hentges noted that it had been eight years since the salary for Mayor and Council members had been increased. Discussion followed about the time commitment and expenses incurred by those who serve as elected officials in Columbia Heights. Motion by Heintz, second by Logacz to direct the City Attorney to draft an ordinance that would increase the salary of the Mayor to $8,400 annually and the salary of a council member to $5,000 a~nually and 4% increase annually starting January 1, 1982 and to authorize the payment (employer share) of buy back in PERA for those who are eligible and choose to participate. Motion to amend by Hentges, second by Logacz to change the figures of salary increase to $8,000 for the Mayor's wage and $5,000 for Council members wage at an annual increase of 4% on the base pay and the right to buy back to PERA of any employee who is eligible. Roll call on amendment: Hentges, Logacz--aye Heintz, Norberg, Nawrocki--nay Motion fails Roll call on main motion: Logacz, Heintz, Nawrocki--aye Norberg, Hentges--nay 7. Proposed Rezoning of thei:Parcels from 4915 Central to 4955 Central The Planning and Zoning Commission recommended approval to rezone this block because it would be consistent with the City's Comprehensive Plan and compatible with surrounding land used and zoning districts. The zoning will be changed from the present LB (Limited Business District) to RB (Retail Business District). The zoning must be done by ordinance. Motion by Heintz, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 978 BEING AN ORDINANCE ~fENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Section 1: Ordinance No. 853, City Code of 1977, passed June 21, 1977, is herewith amended to reflect the following change, to-wit: Plat No. 32686; Parcel No. 950 (4911 Central Avenue) Auditors subdivision no. 153;. pt of lot 9 aud sub 153; th pt of sec 25 30 24 des as fol to-wit com at sw cor of nw ~ of sd sec 25, th e along s line of nw ~ of sd sec 25 A dist of 80 ft, th n along a line prll with & 80 ft from w line of nw ~ of sd sec 25 a dist of 210 ft to actual pt of beg, th n along same line extended a dis of 83.33 ft, th · along a line prll with & 292.22 ft from s line of nw ~ of sd sec 25 a dist of 135 ft, th s along a line prll witM & 215 ft from w line of sd sec 25 a dist of 83.33 ft, th w 135 ft to act pt of beg. Plat No. 32686; Parcel No. 805 (4955 Central Avenue) Auditors subdivision no. 153; th pt of lot 9 aud sub no 153 Anoka Cnty, MN desc. as fol-com 30 ft · of the ely line of the intersection of the ely llne of U.S. Hwy no. 65 (Central Continued Council Meeting September 15, 1981 page 25 Avenue ne) with the sly line of 50th Ave NE as dedicated in the plat of MathaSre-th s along a Jine 30 ft · of the ely lineof sd hwy a dis of !15.00 ft-th · pr11 to the s line oFsd lot 9 a dist of 120.O0 ft to the actual pt of beg-th cont· a dist of 15.00 ft-th n pr11 to the ely line of sd hwy no 65 to the s line of 50th Ave NE-th wly along the s llne of sd 50th Ave to a pt 120.00 fte to the pt of eom- th s to the actualy pt of beg & th pt of lot 9 aud sub no 153 des~ as fol-com 30 ft · of ely llne of intersection of ely line of U.S. Hwy 65 (Central Ave NE) with sly line of 50th Ave NE as dedicated in plat of Mathaire-th s along a line 30 fte of ely line of sd hwy a dist of 115. ft-th · pr11 to s line of sd lot 9 a dist of 120 ft-th n pr11 to ely line of sd hwy 65 to s line of sd 50th Ave NE-th wly along s line of sd 50th Ave NE to pt of beg. Plat No. 326B6; Parcel No. 1200 (4915-4~45 Central Avenue) Auditors subdivision no. 153; th pt of · 165 ft of w 215 ft of lot 9 aud sub 153 in nw ~ of sec 25 30 24 lying n of a line drawn prll to & 293.33 ft n of s line of nw ~ of sd sec 25 & lying s of a line drawn pr11 to s line of sd lot 9 frc~n a pt 30 fte of ely rt-of-way line of US Hwy 65 & 115 ft s of sly line of 50th Ave NE according to plat of Mathaire- subj to ease to City of Col Hts over w 30 ft for rd & uti1 pur-. which is currently zoned "LB" Limited Business District, is herewith rezoned to "RB" Retail Business District. Section 2: Section 3: The Official Zoning Map is herewith amended to reflect the said rezoning. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: September 15, 1981 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council Continued Council Meeting September 15, 1981 page 26 The second reading of this ordinance and the public hearing was scheduled for October 13th, 8. Marie Tesmar,-4445 Jefferson Street, Subdivision Mrs. Tesmar wishes to split two feet of the north side of her property at 4445 Jefferson which in turn would be conveyed to the property immediately to the north at 4443 Jefferson. This subdivision must be done by resolution. RESOLUTION NO.~I~$O SUBDIVISION REQUEST fee: $10.00 liate Paid: Receipt No. :'7/'// CITY OF COLUHBIA HEIGI~'S 5~0 - ~0 TH AVENUE N.E. I, Marian M. Tesmar Hereby request I split of PLAT No.3336~ , PARCEL No. ~0 Legally described as: Lots 26, 27, & 28, Block 14, Columbia Heights Annex to Mpls. (Except the South 26' of Lot 26), Anoka County, Minnesota. 'rME DESCRIPTION HENCEFORTH TO BE: Lots 26, 27, & 28, Block 14,. Columbia Heights Annex to Minneapolis, (Except the South 26' of Lot 26) and (Except the North 2' of Lot 28), Anoka County, Minnesota. 2. Lot 29, Btock 14 and the North 2' of Lot 28, Block 14, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Plat 33365,Parcel 535. Be It further resolved that speclal assessments of record In the office of the City of Columbia Heights as of this day, against the above described property, In the amount of $ -0- be divided. Paid. A~y pending or future assessments ~111 be levied according to the new spllt as approved this day. PlannlnB Dep~rtment Actlon: Unamiously approved ~i~nature of C~ner, Notarized Allen carlson Date 9/1/81 4445 Jefferson Street N.E. Owner's address Telephone No. 788-5263 Continued Council Meeting September 15, 1981 page 27 City Council Action: Approved this day Offered by: Heintz Seconded by: Logacz Iko11 Call: All eyes Subscribed and sworn to before me thls 30th day of July 1~ .81 )~ HENNE~IN COUNTY My commission expire. ~ne 21, 1987 Secretary to &he Councll · 'J~ruce G. Nawrocki, Pl~yor c. Reports 1. City Manager's Report This report was presented in writing. 2. City Attorney's Report The City Attorney advised the Council of a matter being considered for development for a large parcel of property located on one of the main thoroughfares in the City. This is all still in the talking stage and he was not in a position to give any specifics. He also addressed the Split Liquor Ordinance and the feelings of the Council about sale of liquor on Sundays which is not included in the ordinance. The Council was polled by the Mayor as to their feelings of putting this question of Sunday sale of liquor on the ballot. Adjournment The meeting was at 9 pm. recessed by the Mayor at 1:55 am to be contin~st Bruce G. Nawrocki, Mayor 6-An~e Student, Co--'Oncil Secretary