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08-464Vetoed by Mayor Council File # 08-464 Green Sheet # 3053232 - Amended ClTY OF SAINT PAUL, MtNNESOTA Presented by 2 0 THE COUNCIL OF THE CTTY OF SAINT PAUL DOES ORDAIN: 6 Section 1 7 Section 310.01 of the Saint Paul L,egislative Code is hereby amended to read as follows: 8 Sec. 310.01. Definitions. 9 For the putposes of this chapter, any chapter of the Legislative Code pertaining to licenses as hereinafter 10 mentioned, and subsequently enacted ordinances establishing or relaring to the requirements for Class R, ll far routinely issued licenses, Class T for temporary licenses and Class N far licenses in which neighbors 12 are required to be notified, under authority of the City of Saint Paul, the terms defined in this section shall 13 have the meanings ascribed to them: 14 15 16 17 18 19 20 21 *+* 22 Class N licenses means those licenses which can be approved or denied only by the council, subject to the 23 procedures required by these chapters. The following licenses aze so classified, and the numbers shown 24 opposite them correspond to the chapters in the Legislative Code pertaining to each license: 25 Class N Licenses 26 Automobile Repair Garage and Body Shop 27 Pool Hali, Bowling Center 28 New Motor Vehicle Dealer 29 Bingo Adverse action means the revocation or suspension of a license, the imposition of conditions upon a license, the denial of an application for the grant, issuance or renewal of a license, the imposirion of a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavarable acrion taken with respect to a license, licensee or applicant for a license. "Adverse action" includes any of the foregoing directed at one (1) or more licenses held by a licensee at any location in the city. "Adverse action" also includes disapproval of licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of the license. An Ordinance Amending Chapter 310 Of The Saint Paul Legislative Code To Clarify Penalries and Establish 2:00 a.m. Closing License. Legislative Code Chapter 423 322 401 402 � �' 7i7i0$ �'��� — �n u; �a-�alls--- -- --- - -- -- ----- -- -- — --^.� � 31 Cabazet 426 32 Private Clubs - Liquor 409 33 Dance or Rental Halls 405 34 Firearms Dealer 225 35 Gambling Hall 36 GameRooms 37 Gas Station 38 Gambling Location 39 HoteUMotel 40 Health/Sports Club 41 Infectious Waste Processing 42 Recycling Collection Center/Recycling Processing Center 43 Second Hand Dealer--Motor Vehicle Parts 44 Motor Vehicle Salvage Dealer 45 Intoxicating Liquor--On and Off Sale 46 Brewpub/Off-Sale 47 Off-Sale Brewery 48 Motorcycle Dealer 49 Pawn Shop 50 Nonintoxicating Liquor-On and Off Sale 51 Entertainxnent 52 Conversation/Rap Parlors 278 406 424 409 407 427 429 408 401 422 ,�. .. 401 344 410 411 413 � S'ZZ.-D$ a8-�r�� -.�� �,...r,. ., � 54 Theatres and Movie Theaters 67 68 69 70 71 72 73 75 76 77 78 79 80 81 82 55 Motion Picture Drive-In Theatres 56 Second Hand Dealer--Motor Vehicle 57 Pazking Lots and Parking Garages 58 Tattoo Parlors 59 Scrap and Metal Processor 60 Liquor Extension of Service Hours 61 Liquor Outdoor Service Area (Patio) 415 416 401 417 367 420 409 409 62 2:00 a.m. Closin� 409 63 Currency Exchange .� Section 2 � 65 Section 310.05 of the Saint Paul Legislative Code is hereby amended to read as follows: 66 Sec. 310.05. Hearing procedures. (a) Adverse action; norice and hearing requirements. In any case where the council may or intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, ar the disapproval of a license issued by the State of Minnesota, the applicant or licensee shall be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department established pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. 74 **� (m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocarions, and shall apply to all license types, except that in the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is listed. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. �� S-2Z-O$ o�-���{ — �o€v}a����-------- --- ---- ------ -- —__- __ - ---- -- ---=- — zna 3ra 4r� (1) Violations of conditions placed on the $500.00 fine $1,000.00 license fine (2) Violation ofprovisions ofthe $500.00 fine $1,000.00 legislarive code relating to the licensed fine activity (3) Failure to pernut entrance or inspection 5-day 10-day by LIEP inspector or police suspension suspension (4) Commission of a crime other than a $700.00 felony on the premises by a licensee or employee :� : .. : .� $2,000.00 fine and 10-day suspension $2,000.00 fine and 10-day suspension 15-day suspension $1,500.00 5-day suspension (5) Commission of a felony on the $2,000.00 Revocation nia premises by a licensee or employee (6) Death or great bodily hann in 30-day establishment related to violation of law or suspension license conditions (7) Failure to pay license fees Rewcation 60-day Revocation suspension Revocation Revocation Revocation Revocation n!a �� (i) Fines payable without hearing. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appearance before the council may elect to pay the fine to the deparhnent without a council hearing, unless the notice of violation has indicated that a hearing is required because of circuxnstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an"appearance" for the purpose of determining presumptive penalties for subsequent 89 violarions. .� 91 (v) Computation of time. *�:� 92 (1) If a licensee appears before the council for any violation in paragraph (m) where that violation has 93 occurred within twelve (12) calendar months after the first appeazance of the same licensee far a violation 94 listed in paragraph (m) above or in 409.26, the current appeazance shall be treated as a second appearance 95 for the purpose of determining the presumptive penalty. 96 (2) If a licensee has appeazed before the council on two (2) previous occasions for violations listed in 97 paragraph (m) or in 409.26, and if said licensee again appears before the council for a violation listed in 98 paragraph (m), and if the current violarion occurs within eighteen (18) calendar months of the violation that 99 gaue rise to the first appearance before the council, then the current appearance shall be treated as a third 100 appearance for the purpose of determining presumptive penalty. 101 (3) If a licensee has appeared before the council on three (3) previous occasions, each for violations listed 102 in paragraph (m) ar in 409.26, and if said licensee again appears before the council for a violation �* S'Z7.-OFJ v� -�� i�� ot [ne violauon tnat gave nse to we hrst appearance, tnen the current appearance snatl be treatea as a 105 fourth appearance for the purpose of dete�ining the presumptive penalty. 106 (4) Any appeazance not covered by subsections (1), (2) or (3) above shall be ireated as a first appearance. 107 In case of multiple violations in any appearance, the date to be used to measure whether twelve (12), 108 eighteen (18), or twenty-four (24) months have elapsed shall be the date of the violation last in time at the 109 first appeazance, and the date of the violation first in time at any subsequent appeazance. 110 (5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second appearance before the council 111 regarding a death or great bodily hazm in a licensed establishment that is related to a violation of the law or 112 license conditions shall be counted as a second appearance, regardless of how much rime has passed since 113 the first appearance if the first appearance was also regarding a death or great bodily harm in a licensed 114 establishment. A third appeazance for the same shall be counted as a third appearance regardless of how 115 much time has passed since the first or second appearance. 116 vii Penalties for Establishments Holding a 2: DO a.m. Closing License. In addition to the above penalties 117 in paza¢ranh (ml and/or nenalties in Chapter 409.26, for establishments holdin� a 2:00 a.m. closing license ll 8 at the time of the adverse action the Council shall impose the followin¢ nenalties as if thev were part of 119 the penalty mah 120 a. Suspend the 2:00 a.m. closing license for the remainder of the license term That 2•00 a m. 121 closine license will onlv be re-issued in accordance with & 409.27 of the Saint Paul Le¢islative Code 122 b Impose a license condition re uirinQ that licensee �rovide workin� video surveillance 123 cameras and recorders on the nremises to provide documentation of activities on the interior and exterior of 124 the establishment. If Saint Paul Police determine a nreferred placement for cameras licensee shall osp ition 125 cameras as directed bv Saint Paul Police. Recordings must be maintained for a minimum of thirty�30) 126 davs and must be immediately available to the Saint Paul Police Deparhnent and the Department of Safetv 127 and Insnections u on request• 128 129 Section 3 130 Section 310.18 of the Saint Paul Legislative Code is hereby amended to read as follows: 131 Sec. 310.18. License fee schedule. 132 133 134 135 136 137 138 139 140 141 Notwithstanding the pmvision of any other ordinance or law to the contrary, the following fees are hereby provided for all the licenses listed herein. These fees supersede all inconsistent provisions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify secrions 310.09(a) or 310.09(d) of the Legislative Code with respect to exempt organizations or late fees. Pursuant to section 310.09(b) of the Legislative Code, these schedules shall be posted in the office of the director. These fees shall be effective for license renewals and new license applications occurring on and after Jaivary 1, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to alllicenses whose renewal dates occur after the effective date rGT S�ZZ�P� !,� � ���f 144 145 (e)ENFORCEMENTLEVEL5 Chapter/Section No. 409.27 License Description 2:00 a.m. Closina Fee 200.00 146 147 Section 4 148 149 This Ordinance shall be in force and take effect thiriy (30) days following its passage, approval and 150 publication. Requested by Department oE By: Approved by the Office of Financial Services By: Adopted by Council: Adoprion Certified by B Approv�'by �%Ia BY � ---. _ �� Date l i��fl���dOf� :ouncil Secretary Approv by CiTy Attomey By: ��ZZ Approved by Mayor for Submissid� to Council By: — � Green Sheet Green Sheet Green Sheet 6reen Sheet Green Sfieef"Green Sheef -� - - (�'y,�� CO �ouncit Contact Person 8 Phone: Rachel Tiemey 6-8778 must ee on 07-MAY-OS Doc. Type: ORDINANCE E-Document Required: Y Document Contact: Donna Sanders ConWCt Phone: G8650 oi-n�av-oa � uepartrtlenx Deni�orerson 0 ooncd Assign 1 onncil De artmentDirector Number Z �tyClerk Ci Clerk For Routing 3 Order 4 5 Total # of Signature Pages _(Clip All Locations for Signature) An Ordinance Amending Chapter 310 of the Saint Paul Legislative Code to Ctarify Penalties and Establish 2:00 a.m. Closing License. idatwns: Approve (A) or Ke]ect (R): Persona� servfce Gontracts Must wnswer tne Fa�owing Quesfions: Planning Commission 1. Has fhis person�rm ever worked under a contract for this department? CIBCommiUee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person�rm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvantageslfApproved: DiSativanWges If Not Approved: Transaction: Funding Source: Financiai Information: (Explain) CosURevenue Budgeted: Activity Number: May 1, 2008 1034 AM Page 1 `�" CTTY OF SAINT PAUL Chrisiopher B. Coleman, Mayor June 16, 2008 390 City Ha1l Telephorse. 651-266-8510 ISWestKelloggBoulevard Fa<simile.651-266-8513 Saint Paul. MN 55102 I1�t�C�� JUN 1 6 2008 Council President Kathy Lantry and Members of the City Council 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Dear Council President Lanhy and Councilmembers: , , , �, -� : As you know, you recently sent me two ordinances establishing a 2:00 a.m. closing license and penalties for violations. While we share the same goal of eliminating problem behaviors at Saint Paul bars, and while we agree that we need to hold the owners of establishments accountable for poor management practices, I fundamentally disagree with the CounciPs proposed solution to the problem for the following reasons: As Bob Kessler wrote in his May 25 letter distributed to Council, the ordinances would not provide neighborhoods with any additional protection from loud and disruptive patron behavior than already exists. Under the provisions of the Legislative Code the City already has the authority to impose conditions and "revoke" the approval of any 2:00 a.m. closing license if there is evidence of disruptive behavior. As Bill Collins, Tom Trudeau and Dan O'Gara said at the public hearing, requiring at least two employees to be present from 1:00 a.m. to 2:00 a.m., regardless of whether disruptive patron behavior exists, and potentially suspending 2:00 a.m. closing licenses upon any single adverse action, will result in well-managed establishments being punished because of a handful of problem properties. Chief Harrington and Bob Kessler believe the time and energy required to implement these new ordinances would be better utilized focusing our resources on those three to five establishments where problem behaviar is an issue so we can take aggressive action to eliminate the threat to public safety. I trust Chief Harrington's and Bob Kessler's judgment, and have fixll confidence that our dedicated enforcement personnel on the ground can and will get the job done. � 6�- �� � Bob Kessler to execute a 120-day coordinated, strategic enforcement campaign targetin a handfixl of establishments that have a history of problem behaviors including assaults, disturbances, weapons and sex offenses. This campaign will bring together the City's enforcement staff, community prosecutors, pairol commanders and sergeants to disseminate license conditions via roll calls for problem properties. bistrict Councils and community organizations will be asked to report problem behaviors to Police and DSI. Patrol officers will write reports when they observe any violations of the license conditions, and we will take swift action when any violations of the license conditions or the license code are verified. If there aze no conditions, or too few conditions, we will work with the Council to have them placed on the license immediately. We will recommend the strongest penalties allowed, and we will automatically recommend revocation of problem properties' 2:00 a.m. licenses. Police and DSI will discuss progress at monthly enforcement coordination meetings at 11:00 a.m. on the first Wednesday of the month. I have directed Chief Harrington and Bob Kessler to provide the Council monthly updates on the campaign's success. I am confident this enforcement strategy will accomplish our shared goals, without creating unnecessary bureaucracy or punishing well-managed establishments. It is for these reasons I am vetoing Council Files No. 08-464 and 08-465 and returning them to you. Since Christopher B. Coleman Mayor Cc: Chief John Harrington, Police Deparhnent Bob Kessler, Deparhnent of Safety and Inspections Council File #_�`� Green Sheet # 3053232 ORDINANCE 1 \ An Ordinance Amending Chapter 310 Of The Saint Paul Legislative Code To 2 Clarify Penalties and Establish 2:00 a.m. Closing License. 3 4 HE COUNCIL OF THE CITY OF SA1NT PAUL DOES ORDAIN: 5 6 Section 1 7 Section 310.01 of the Sain Paul L,egislative Code is hereby amended to read as follows: 8 Sec. 310.01. Definitions. , 9 For the purposes of this chapter, an hapter of the Legislative Code pertaining to licenses as hereinafter 10 mentioned, and subsequently enacted dinances establishing ar relating to the requirements for Class R, ll for routinely issued licenses, Class T for mporary licenses and Class N for licenses in which neighbars 12 are required to be norified, under authority qf the City of Saint Paul, the terms defined in this section shall 13 have the meanings ascribed to them: �, 14 Adverse action means the revocation or suspensio`A of a license, the imposition of conditions upon a 15 license, the denial of an application for the grant, is�}ance or renewal of a license, the imposition of a fine, 16 the assessment of the costs of a contested hearing, an any other disciplinary or unfauorable action taken 17 with respect to a license, licensee or applicant for a lice ' e. "Adverse action" includes any of the foregoing 18 directed at one (1) or more licenses held by a licensee at � location in the city. "Adverse action" also 19 includes disapproval of licenses issued by the state under st ' tory provisions which permit the governing 20 body to disapprove the issuance of the license. 21 *** 22 Class N licenses means those licenses which can be approved or denie�nly by the council, subject to the 23 procedures required by these chapters. The following licenses aze so clas ified, and the numbers shown 24 opposite them correspond to the chapters in the Legislative Code pertainin to each license: 25 Class N Licenses Legislative ode Chapter 26 Automobile Repair Garage and Body Shop 423 27 Pool Hall, Bowling Center 28 New Motor Vehicle Dealer 29 Bingo 30 Bingo Halls 322 401 402 403 � �i 6� ��fl�� 32 Private lubs - Liquor 33 Danca or Re al Halls 34 Firearms Dealer 35 Gambling Hall 36 GameRooms 37 Gas Station 38 G.ambling Location 39 HoteUMotel 40 Health/Sports Club 41 Infecrious Waste Processing 42 Recycling Collection Center/Recycling Processing 43 Second Hand Dealer--Motar Vehicle Parts 44 Motor Vehicle Salvage Dealer 45 Intoxicating Liquor--On and Off Sale 46 Brewpub/Off-Sale 47 Off-Sale Brewery 48 Motorcycle Dealer 49 Pawn Shop 50 Nonintoxicating Liquor-On and Off Sale 51 Entertainxnent 52 Conversation/Rap Parlors 53 Steam RoomBathouse 409 405 225 278 406 424 409 407 427 429 408 401 422 409 409 401 344 410 411 413 428 r� . �XS���� 55 Motion 56 Second Vehicle 57 Pazking Lots and Pa�king Garages 58 Tattoo Parlors 59 Scrap and Metal Processor 60 Liquor Extension of Service 61 Liquor Outdoor Service Area (Patio) � 63 Currency Exchange .� 65 Section 310.05 of the Saint Paul Legislative Code is 66 Sec. 310.05. Hearing procedures. 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 (a) Adverse action; notice and hearing requirements. In any case w ra consider any adverse action, including the revocation or suspension o conditions upon a license, or the denial of an application for the grant, the disapproval of a license issued by the State of Minnesota, the appli and an opportunity to be heard as provided herein. The council may co recommended by the inspector, by the director, by the director of any f pursuant to Chapter 9 of the Charter, by the city attorney or on its own *** to read as follows: the council may or intends to � license, the imposition of 'ssuance or renewai of a license, or an�or licensee shall be given norice iside such adverse actions when cecuti� department established (m) Presumptive penalties for certain violations. The purpose of this section is to establi� a standard by which the city council determines the amount of fines, the length of license suspensions an�l the propriety of revocations, and shall apply to all license types, except that in the case of a violation invo ng a liquor license § 409.26 shall apply where a specific violation is listed. These penalties are presumed t be appropriate for every case; however the council may deviate therefrom in an individual case whe the council finds and determines that there exist substantial and compeliing reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons at specify why the penalty selected was more appropriate. Type of Violation Drive-In Theatres Appearance 416 401 417 367 420 409 409 409 381 2 � � ��� ��-�f�� Violations of conditions placed on the $500.00 fine $1,000.00 �se fine (2) Vi ation ofprovisions ofthe $500.00 fine $1,000.00 legislahv code relating to the licensed fine activity (3) Failure to p it entrance or inspection 5-day by LIEP inspector police suspension (4) Commission of a� e other than a $700.00 felony on the premises � a licensee ar employee (5) Cos�unission of a felony o the premises by a licensee or empl ee (6) Death or great bodily harm in establishment related to violation o`�au license conditions �� (7) Failure to pay license fees $2,000.00 10-day suspension $1,500.00 Revocation 30-day 60-day or suspension suspension Revocation $2,000.00 fine and 10-day suspension $2,000.00 fine and 10-day suspension 15-day suspension 5-day suspension Revocation Revocarion Revocation Revocation n/a n/a Revocation n/a 83 (i) Fines payable without hearing. Notwithstai� 'ng the provisions of section 310A5(c), a licensee who 84 would be making a first or second appearance be ore the council may elect to pay the fine to the 85 department without a council hearing, unless the n ce of violation has indicated that a hearing is required 86 because of circumstances which may warrant deviatiap from the presumptive fine amount. Payment of the 87 recommended fine will be considered to be a waiver of`e hearing to which the licensee is entitled, and 88 will be considered an"appearance" for the purpose of dete . ining presumptive penalties for subsequent 89 violations. •� 91 (v) Computation of time. **� 92 (1) If a licensee appears before the council for any violation in paragraph (�where that violation has 93 occurred within twelve (12) calendar months after the first appearance of the ame licensee for a violation 94 listed in paragraph (m) above or in 409.26, the current appeazance shall be trea�d as a second appeazance 95 for the purpose of determining the presumptive penalty. � 96 (2) If a licensee has appeared before the council on two (2) previous occasions for vio�tions listed in 97 paragraph (m) or in 409.26, and if said licensee again appears before the council for a vi�ilation listed in 98 pazagraph (m), and if the current violation occurs within eighteen (18) calendar months o�the violation that 99 gaue rise to the first appearance before the council, then the current appearance shall be trea�d as a third 100 appearance for the purpose of determining presumptive penalty. ` 101 (3) If a licensee has appeared before the council on three (3) previous occasions, each for violatior�listed 102 in paragraph (m) or in 409.26, and if said licensee again appears before the council for a violahon '`. 103 contained in paragraph (m), and if the current violation occurred within twenty-four (24) calendar moriths �,T U-3d�o8 � -u�� 106 (4) Any pearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. 107 In case of ultiple violations in any appearance, the date to be used to measure whether twelve (12), 108 eighteen (18), r twenty-four (24) months have elapsed shall be the date of the violation last in time at the 109 first appeazance, d the date of the violation first in time at any subsequent appearance. 110 (5) Norivithstanding s sections (iv)(1), (2), (3) or (4) above, a second appearance before the council 111 regarding a death or gre bodily harm in a licensed establishment that is related to a violation of the law or 112 license conditions shall be unted as a second appearance, regardless of how much time has passed since 113 the first appearance if the firs ppeazance was also regarding a death or great bodily harm in a licensed 114 establishxnent. A third appearan for the same shall be counted as a third appearance regardless of how 115 much time has passed since the fir3�or second appearance. 116 vii Penalties or Establishments Hol 117 and/or penalties in Chapter 409.26. the C 118 establishments holdin� a 2:00 a.m. closing 119 by that establishment. That 2:00 a.m. clos 120 409.27 of tl�e Saint Paul Leeislative Code. 121 122 Section 310.18 of the Saint Paul Legislative Code is 123 Sec. 310.18. License fee schedule. 124 amended to read as follows: 125 Notwithstanding the provision of any other ardinance or law to the�ontrar 126 provided for a11 the licenses listed herein. These fees supersede all in nsi; 127 128 129 130 131 132 133 134 135 136 not limited to, graduated fee provisions, in these chapters and in other o i fee for the license application as part of the license fee; provided, howeveF amend or modify sections 310.09(a) or 310.09(d) of the Legislative Code � arganizations or late fees. Pursuant to section 310.09(b) of the Legislative posted in the office of the director. These fees shall be effective far license , the following fees are hereby ent provisions, including, but ances and laws, and include the that this section does not '� respect to exempt these schedules shall be •ene�ls and new license applications occurring on and after January 1, 1995, or on the effective date of this �S later; provided, however, that with respect to all licenses whose renewal dates occur of this new schedule, there shall be no increases in, nor offsets or refunds of, the exi; and owing. 137 (e) ENFORCEMENT LEVEL 5 Chapter/Section No. 40927 138 License Description 2:00 a.m. Closinq i, whichever is the effective date �ees paid, or due Fee 200.00 �� �.'3Q'0� b8 -Nco �/ 141 This Ordi` ce shall be in force and take effect thiriy (30) days following its passage, approval and 142 publication.� Yeas Nays Absent Bostrom Carter Harris Helgen Lantry Stark Thune Adopted by Council: Date Adoprion Certified by Council Secretary By: Approved by Mayor: Date By: Requested by Department ofi`� BY� Approved by the Office of Financial Se ices By: Ap d by City Attorney BY � �.. .� Approved by Mayor for Sub ' sion to Council By: