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.
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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.
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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.
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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