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HomeMy WebLinkAboutFeb 17, 1976-60- OFFICIAL PROCEEDINGS SPECIAL MEETING OF THE CITY COUNCIL February 17, 1976 Meeting was called to order at 8:08 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki-present Motion by Norberg, Seconded by Heintz to name Margo Emerson Secretary for the meeting. Roll Call: All Ayes Mayor Nawrocki at this time noted that this is a special meeting called for the purposes as indicated on the agenda. AMUSEMENT MACHINE LICENSE AND RESTAURANT LICENSE, 3988 Central Avenue N.E. The City Attorney, Ronald Kalina, began by explaining what the license would consist of for Mr. Ernie Nelson to operate an amusement machine establishment at 3988 Central Avenue. Mr. Kalina stated that the ordinances related to this license relates to the licensing of billiard tables and states that the only regulation is that they can not be located within 500 ft. of any school building within the City of Columbia Heights. This is Ordinance #35. Mr. Kalina pointed out Mr. Watson~s agenda letter outlining the fact that the corner of 40th and Central is much further than 500 ft. from any school building. The distance to Immaculate Conception School is approximately 900 ft. and to Columbia Junior High School is approximately 1100 ft. The Council asked exactly what machines Mr. Nelson would be placing in the establishment. Mr. Nelson answered that there would be six foosball, two pool tables, one air hockey, one bumper pool, and three pinball machines. Also, he would want to place ping pong tables in the basement which could be used for no charge. His restaurant license would be proposed for ice cream, pop, general snack bar, including hot sandwiches. Mr. Kalina also pointed out that this license would meet the zoning requirements for that location. Mayor Nawrocki questioned the fact that the parking may not be adequate according to the zoning ordinance. Mr. Kalina answered that this is a pre-existing buiding in this zone and is grandfathered in, as long as the use of the building meets the zoning ordinance. Councilman Heintz asked Mr. Nelson if he had spoken to the County about the use of their lot behind their building on Central. Mr. Nelson stated that he had spoken with Mr. Kordiak, Anoka County Commissioner, and that Mr. Kordiak found no problem with Mr. Nelson's use of the lot. Councilman Logacz expressed his concerns regarding vandalism and excessive littering. Mr. Nelson stated that people from his place would be cleaning up around the building. -61- February 17, 1976 Councilman Heintz asked whether the building inspector had checked the building. Mr. Hovland stated that no major remodeling would be done beyond painting of the walls. Councilman Hentges asked if this place wou]d be made to abide by the curfew ]aw, meaning that anyone under age would be required to leave by 9:30. He also asked that no one under 18 be allowed in. He asked what kind of security patrolling would be done. Mayor Nawrocki asked if any checking had been done with the Police Department regarding this license, asking for their input. Mr. Nelson pointed out that some similar establishments, such as Bowlero, which had been pointed out as an example of problems which can be created, serve liquor. He also stated that he is aware that some of these serve liquor to minors. No liquor would be served in Mr. Nelson's establishment. Councilman Hentges stated that the Police Department had many problems with policing a similar amusement machine establishment near Leon's and that they do not want such a place to patrol in Columbia Heights. Mr. Hentges also asked if the Downtown Development Council shouldn't have input on this license, since it is right in the middle of the downtown area. Mr. Hentges stated that this kind of amusement machine building could be good if it is handled under a controlled atmosphere, but it shouldn't be allowed in the Central Avenue area. He stated he would vote against the proposal, chiefly because he is opposed to the pinball machines which he referred to as "slot machines", and gambling. He stated that the Council is trying to upgrade Central Avenue and this kind of place would downgrade the area. Councilman Heintz asked what kind of supervision would be present at the center. Mr. Nelson stated that at least two or three adults would patrol each floor. Councilman Hentges expressed his opinion that this item should not have been placed on a special Council agenda, because the Fire Department, Po]ice Department, and Traffic Commission should all have input on the license approval. A lady present at the meeting spoke at this time stating that the whole community should have input on this license as it could affect the whole community. The license will involve the children of the whole community. Also, 4Oth Avenue is close to Minneapolis, St. Anthony, and Fridley and involves youngsters from all these areas. Any decision made by the Council tonight would be premature in her estimation. Mayor Nawrocki stated that Mr. Nelson had talked to him the previous week, and that the Mayor had urged him to talk to all the Council members about his license. In addition, the Mayor had told Mr. Nelson to talk to the City Manager and that this meeting was set up as a result February 17, 1976 -62- of this discussion. The secretary indicated that the Council action of the previous regular meeting had been to table this item to the next regular or special meeting. Mayor Nawrocki stated that he observed the "Fun Center" in Fridley with Councilman Hentges, and spoke to Sgt. Kennedy of the Fridley Police Dept. Sgt. Kennedy had suggested close supervision of the establishment. In addition, he recommended that the basement area not be used and that there be windows in the building so that the police squad cars driving by could see in without going into the building. Mayor Nawrocki noted that the City of Columbia Heights would not welcome the exact same kind of establishment as the "Fridley Fun Center" He also noted thatMr. Nelson did not invent these kinds of machines, but that they exist, and they exist in Columbia Heights. He listed a few locations where similar machines exist including Shoppers City and the schools. Apache Plaza also has these machines. Mayor Nawrocki noted that there is a demand for these machines, particularly by the teen agers. Mayor Nawrocki also stated that he can see that the Council has no legal authority to deny the license, as it is a legal business in a legal location. Councilman Norberg asked what options are available to the City Council on this license application. Mr. Kalina, City Attorney, stated that no regulations are placed on this license by ordinance except the location from a school, as previously mentioned. If the City were to find reason to deny it, it would have to be based on finding the establishment to be detrimental to public safety, i.e., parking congestion as proven by traffic counts, accidents, etc. Also, if there were to be found a major problem related to the fire code, this may be reason to deny. Anything similar to this would apply. Councilman Hentges pointed out reasons why he feels there will be traffic problems associated with this establishment. He stated that since the first of the year, there have been five accidents at 4Oth and Central. In relation to parking, he stated that Fridley has up to 200 teen agers on a weekend at their Fun Center, and parking is available for only about fifty. This creates a major parking congestion problem. The City Attorney asked how many machines the Fridley center has and Mr. Hentges stated that they have approximately thirty. Mr. Kalina pointed out that the proposal before the Council presently is for only about thirteen. One lady asked if it would be possible to give out the license with certain restrictions such as forbidding the use of the basement area, and the amount of supervision required, etc. '-63- February 17, 1976 Mayor Nawrocki stated that he does not know how much freedom the Council has in placing such restrictions. He pointed out that the man who owns the Fridley Fun Center does not live in Fridley, which may be part of their problem. Mayor Nawrocki stated that Mr. Nelson is a long time resident of Columbia Heights and is well known and loved. People in Columbia Heights know him to be respectable. If rules and regulations were laid down for him, he would have to comply to them. If problems were ultimately found, it would be known that when renewal time comes for the license the police department and City Council would step down hard in requesting deniat of the license. Mayor Nawrocki asked if the Council would be free to say that Mr. Nelson can not use the basement. Mr. Kalina answered briefly that Mr. Nelson would have to agree to this. One lady stated that the police department would have other legal rules to enforce at the center, including the legal age for smoking, etc. She pointed out that the youngsters in Fridley call the Fun Center the "Freak Center", which may indicate their attitude toward such a place. Councilman Hentges stated that the City once did have an ordinance against pinball machines, but that it was repealed and a lower age limit set. He was opposed to this fact. Anothertady directed her questions to Mr. Nelson, pointing out that the basement area is a dungeon and what would he do to improve its appearance. Mr. Nelson explained that the basement area would be for younger individuals to play ping pong and he would set an age limit sc) that older youngsters could not go down there. Mr. Nelson elaborated on his success as a bus driver in establishing a rapport with the students, and stated that he feels confident that such a rapport and respect on the part of the youngsters could be set up in this place. The question was asked as to how late he would be open. He stated that it would be open sometime in the afternoon and remain open until ]l:O0 every night. A couple of ladies who work for the county stated that the county lot is always full. They stated that the county office is also open on Saturdays, so parking would be done by the county at that time as well. They could not believe that the parking lot had psace available for parking by patrons of the amusement center. Councilman Hentges noted to Mr. Nelson that maybe he could work out an arrangement with the owner of the parking lot on VanBuren Street between 4Otb and 4]st to help finance the parking lot and have parking available to his establishment. February 17, 1976 -64- Councilman Norberg stated that it is obvious that there are still a number of questions which are still unanswered, including a fire inspection of the premises and have the police department make their recommendations. Motion by Norberg to continue further discussion to the next regular meeting pending further information, Second by Hentges Roll Call: All Ayes Mayor Nawrocki spoke to Mr. Nelson asking if he understood why the delay was being made. Mr. Nelson then stated that it did not matter because he was withdrawing his request, and left the room. Mayor Nawrocki asked that this remain on the next agenda anyway and listed what information should be available. He noted that the police department should talk to Police Lieutenant Rick of the Fridley Police Dept. to gather further information on the Fridley Fun Center. Mr. Hovland stated that he would talk to the fire inspector and have him make an inspection of the premises. Mayor Nawrocki asked that the police department be asked tomake a recommendation on what the licenses should require. One lady noted that she had spoke to a person who she highly respects and this individual thinks highly of Mr. Nelson. Mayor Nawrocki stated that he would personally call Mr. Nelson before the next meeting to explain to him the Council actions. Mr. Norberg stated that he felt that Mr. Nelson misunderstood what the Council was trying to do; namely, to make this decision which is of some import, and to make it deliberately, making sure that all the angles are covered. POSSIBLE RESOLUTIONS At this point Mr. Kalina noted that a resolution was not ready at this time on a possible pension bill to be presented to the legislature regarding the firemen pensions. Attorney Doug Peterson stated that he will be drafting another copy of the bill the next day and will discuss it with the paid members. He already met with the volunteers. Discussion held briefly on the fact that the volunteers want the City Council to act as trustees for their fund. Mayor Nawrocki also reported on a meeting with two representatives from the volunteer fire department and the attorney and the discussion on unforeseen problems which arose as a result of the pension bill of the previous year and the effect it had on the volunteers. Mayor Nawrocki noted that if an agreement can be reached on the contents of the bill, it must be in the hands of the legislators as soon as possible Mr. Peterson restated that he would be rewriting the pension bill the next day and meeting with members of the paid department later in the week. He stated that he can not see any problems with the paid men in accepting the bill. -65- February 17, 1976 RADIO EQUIPMENT Mayor Nawrocki aC this time brought up the item of a bid from Johnson Communications System for a radio system which will provide two way radio alarm alerting from the Anoka County Dispatcher to the fire station. This will eliminate the need for the "Hot LineI' Total cost comes to $577. Mayor Nawrocki asked for preliminary approval from the Council members so that the Fire Chief can proceed with the ordering of same. All the Council members indicated that they agree to this proposal. Mayor Nawrocki asked the secretary to make certain that the Fire Chief is aware of this action. Motion by Heintz, Seconded by Norberg to adjourn at 9:10 p.m. Roll Call: All Ayes Sec ret ~//ry