Loading...
HomeMy WebLinkAboutMay 8, 1978OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA MAY 8, 1978 The meeting was called to order at 8:02 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - present INVOCATION The invocation was given by Reverend Jacob Andreason of First Lutheran Church. PLANNING AND ZONING RECOMMENDATIONS: 1. George Morris, 4059 Monroe Street Request for Variance Motion by Hentges, seconded by Heintz, to grant the variance as approved by the Planning and Zoning Commission, basis for the variance would be the unusual topography and existing trees. Roll Call: All Ayes MINUTES OF PREVIOUS MEETINGS Motion by Heintz, seconded by Hentges, that the minutes of the April 24 regular meeting, the April 25 special meeting, and the April 25 recessed meeting be approved as submitted in writing and reading be dispensed with. Motion by Norberg, seconded by Heintz, to except the minutes of the special meeting of April 25 from the motion. Councilman Norberg explained that he thought the minutes were inadequate. He thought the minutes should include the suggestions which were discussed. Roll Call: Heintz, Norberg - Aye Logacz, Hentges, Nawrocki - Nay Motion fails. Roll Call on main motion: PAYMENT OF BILLS Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay Motion by Norberg, seconded by Hentges, to table this matter until later in the meeting. Roll Call: All Ayes HEARING ON LICENSE DENIAL FOR MOTHER TUCKER'S Mayor Nawrocki noted that the Council had denied the license to Mrs. Niemi on April 24 and she was advised at that time that she could request this opportunity May 8, 1978 Page 2 for a public hearing. Gordon Jensen, Mrs. Niemi's attorney, explained his legal advice to the Niemis in the matter of their repossessing the property at 4010 Central Avenue in April of 1978. He explained the financial situation of the Niemis and the present status of the building and stated what would be needed to reopen the business. Stu Anderson, Police Chief, presented the Council and the Niemis with copies of the complaint forms the Police Department had against Mother Tucker's during the time they were running the bar. He briefly ran through the complaints and explained them. His recommendation to deny the license request is based on these complaints. Councilman Heintz asked if other bars in the City had as many complaints. Mr. Anderson answered that this bar generated more calls than all the other bars combined. Mr. Jensen explained the situation that occurred on April 14 concerning Mr. Niemi's opening of the bar without a license in his or his wife's name. Stu Anderson stated that Mr. Coons, the subleasee of the property, told him that he was totally out of the business prior to that date. Councilman Hentges asked Mrs. Niemi what she would do to insure that the same situations did not occur again. She answered that the bar has been closed for several months and she didn't know what type of clients she would attract upon opening in the future. Mayor Nawrocki comr,~e[~ted that he is sympathetic to the matters of the lease and to the policing problems in the community. His concern would be what would be done to insure that these kinds of things did not continue to happen. Mrs. Niemi answered that she is planning to put a restaurant in the building and this might change the clientele. Councilman Heintz stated that this bar is taking up a lot of the Police Departmentls time and he believes it may be a question of poor management. He stated that he did not want to take the chance of having a repeat of this. Motion by Heintz, seconded by Norberg, that the request be denied on the following basis: 1. That the premises at 4010 Central Avenue Northeast are suitable for the operations of a tavern if lawfully and properly managed. That during Applicant's previous operation of the tavern, Applicant demonstrated an inability to maintain proper order and management of her patrons and bartenders. That the nature and frequency of incidents involving unruly patrons, assaults, and disorderly conduct during Applicant's previous operation of the tavern were dangerous to the community and require an unreasonable amount of law enforcement service to service and insure the safety of the community. That the nature and frequency of loud music, disorderly conduct, and unlawful practices during Applicant's previous operation of the tavern demonstrate a danger to the welfare of the community. May 8, 1978 Page 3 5. That Applicant has failed to take adequate measures to insure that she would not repeat previous experience if granted a license. 6. That granting of the beer license to Applicant would be injurious to the health, safety, and welfare of the City of Columbia Heights. It is herewith ordered that the application of Jon Valarie Niemi for a beer license to operate Mother Tucker's at 4010 Central Avenue Northeast be and herein is denied. City Attorney Kalina read the following Findings of Facts: That on or about June 16, 1976, Applicant became the licensee and holder of a beer license to operate the premises at 4010 Central Avenue Northeast in the City of Columbia Heights, said premises commonly known as Mother Tucker's. That on June 18, 1976, police responded to a radio call complaining of loud music coming from Mother Tucker's. Police found the front door open and ordered the door closed to contain the loud music. That on August 16, 1976, police were called to break up an altercation between Applicant's bartender and a patron. That the bartender and patron were threatening each other and that the call eventually resulted in the arrest of the patron for disorderly conduct. 4. That on August 28, 1976, police responded to the request of Mother Tucker's to remove an unwanted patron, one Ronald Peterson. That on October 10, 1976, police and a rescue squad responded to a medical emergency at Mother Tucker's to find that a patron had been injured during an altercation in which the injured patron was dropped on his head by an assailant who fled the scene. That on May 16, 1977, police responded to a call to Mother Tucker's to find that Applicant's bartender and a customer were attempting to prevent the repossession of a patron's vehicle from the rear of the premises. The intervening customer was the same Ronald Peterson who was removed on Mother Tucker's request on August 28, 1976. That the said Ronald Peterson became abusive and threatening to police officers and was arrested later that evening because of three outstanding arrest warrants. 7. That on June 7, 1977, Applicant's bartender sold beer to a minor in violation of local ordinance and state law. That on June 9- 1977, police responded to a call to remove three drunks from the rear of Mother Tucker's. Upon walking through the premises, police identified one Mike Ritzko in a nearly intoxicated condition. One half hour later, police observed ten to fifteen people in front of Mother Tucker's watching a fight between two people. Upon breaking up the fight, the police observed the same Mike Ritzko grab one of the parties, throw him to the ground and hit him several times. Ritzko was arrested for disorderly conduct. That later the same night, another patron of Mother Tucker's was arrested for disorderly conduct when discovered urinating on the sidewalk in front of 4014 Central Ave. May 8, 1978 Page 4 That on August 3, 1977, police responded to a call at Mother Tucker~s to find that a patron had been injured when he was struck in the face, fell to the floor, and was kicked several times. 10. That on August 13, 1977, police responded to a loud music call at Mother Tucker~s to again find the door open. The door was closed to contain the sound. 11. That on or about September 1, 1977, the Mother Tucker's premises became licensed to a different individual, one Cory Lee Coons. 12. That from and after September l, 1977, Mother Tucker's was operated by the said Cory Lee Coons and/or his brother Dennis Coons. 13. That on or about April 10, 1977, the Applicant obtained a formal beer license application from the City of Columbia Heights and inquired about obtaining a beer license. 14. That on or about April 14, 1977, Chief Anderson discovered one Jeff Niemi, husband of Applicant, illegally operating Mother Tucker's bar without a beer license. That Chief Anderson's investigation showed that the Northern States Power Company billing had been changed to Applicant's name on April 5, 1977 and that the previous licensee had left the business and the operation previous to this date. Sgt.. Jendro gave a description of what occurred the evening of April 14 when Mr. Jeff Niemi was found operating the bar and was asked to close down. Mayor Nawrocki declared a recess at 9:18 p.m. Meeting reconvened at 9:32 p.m. Mayor Nawrocki asked Mrs. Niemi for some proof that her husband was working for Mr. Coons on April 14. She answered that she was not in possession of any proof. The Mayor asked each officer involved in a complaint call to briefly describe the events. Motion by Norberg, seconded by Heintz, that the motion be amended to strike #]4 as it exists and substitute the following finding: ~That Applicant has failed to present any plan for preventing the recurrence of the need for constant policing other than suggesting that restaurant facilities might be expanded at some time in the future," and to amend ~6 to add "That the planned expansion of the restaurant facilities would be unlikely to reverse previous experience." Councilman Norberg stated that he doesn't think putting in a restaurant would change the situation and the date of the change is a matter of some question. Roll Call on motion to amend: All Ayes May 8, 1978 Page 5 Mr. Jensen requested that the Police Chief submit the record of the violations during the bar's operation by Mr. Coons, and the series of complaints which were presented tonight. He wants to know the record of other operations in the City as well. He stated he doesn't feel sufficient evidence has been presented to make a decision and that Mrs. Niemi wasn't even present during many of the incidents leading to the police calls. Roll Call on amended motion: All Ayes ORAL PETITIONS None were presented. PLANNING AND ZONING COMMISSION RECOMMENDATIONS: 2. David L. Regal, 1337 Circle Terrace Boulevard Variance Request Motion by Heintz, seconded by Norberg, that the request be granted based on the recommendation of the Planning and Zoning Commission, based on the hardship of unusual topography. Roll Call: All Ayes 3. William Carlson, 1027 41st Avenue Request for Variance Motion by Heintz, seconded by Hentges, that the request be granted upon the recommendation of the Planning and Zoning Commission as a sanitary facility and an additional bedroom were being added. Roll Call: All Ayes 4. Delores Peterson, 4226 7th Street Request for Variance Arden Hovland, Building Inspector, stated that the variance is for a front yard and a side yard. Mr. Peterson presented a drawing of the proposed home. Motion by Heintz, seconded by Hentges, that the variance be granted based on the recommendation of the Planning and Zoning Commission. Roll Call: All Ayes 5. Patti Homes, Inc. 5060 Central Avenue Request for a Commercial Fence Mayor Nawrocki stated that Patti Homes is requesting permission to extend a present six board fence from the existing fence north to the end of their property and add a chain link fence on 50th Avenue from the existing fence to the existing Super America fence, subject to approval of the neighbors. The Planning and Zoning Commission has recommended the request be granted. Councilman Norberg stated that he thought the board fence would provide screening but not security and suggested putting in the chain link fence on the inside of the board fence for security. Discussion followed on the present use of the property. May 8, 1978 Page 6 Idotion hy Heintz, seconded by Logacz, that the request of Patti Homes at 5060 Centra] for a commercial fence be granted upon recommendation of the Planning and Zoning ~ommission and that a chain link fence be installed on the interior of the board fence on the west side for security. Mayor Nawrocki stated that he is against the motion because the property should not be used for this type of operation. It has been the source Of two major fires that are a hazard to the neighborhood and would continue to be so. Councilman Norberg stated he thought it was worth a try to keep the business operating and attempt to solve the problem and asked if the City is in a position to change the useage of the property in the future. City Attorney Ka]ina stated that the City could change the law as it pertains to all operations of this type. Discussion followed on the height of the fence, type of fence, and the recommendations of the Fire Chief. Roll Cai]: Logacz, Heintz, Norberg, Hentges - Aye Nawrocki Nay CITY MANAGER REPORTS: Parking at 3817 Central Avenue City Manager Bocwinski reported that the Police Chief has investigated the problem raised by Mrs. Wayne Bradehoft and proposed the following four options: '1. Remove the fence and park in the rear yard. Bradehoft's park on the street and take their chances on receiving an occasional parking tag. City Council change the present six hour parking restrictions by amending the ordinance. That the Bradehoft's sell the vehicle and take advantage of public transportation. Mr. Bradehoft stated he doesn't want to decrease the value of his property by tearing up his backyard for parking nor does he want to risk getting parking tags regularly. Discussion continued on the alternatives and the grading of the yard. Councilman Norberg stated it is not the City's responsibility to solve the problem of Mr. Bradehoft. The Mayor stated that the City should, however, help and assist with a probIem. Motion by Norberg, seconded by Hentges, that no action be taken at this time. Councilman Norberg stated that the purpose of the motion is that the Council doesn't intend to modify the ordinance for any specific or general purpose at this time. Roll Call: All Ayes May 8, 1978 Page 7 OLD BUSINESS: City Hall Remodeling City Manager Bocwinski briefly reviewed the status of the City Hall remodeling. The architect's plans were presented to the Council and discussed. Motion by Heintz, seconded by Norberg, that the City Manager meet with the County Court Services and be directed to find the additional footage they require. Discussion followed on the plans and the County's stated needs. A substitute motion was presented by Norberg, seconded by Hentges, that the City Manager be instructed to negotiate on the basis that the Council will not accept any other solution than that the additional 80 square feet required by the County come out of the designated attorney's office. The Mayor explained the County's needs and demands up until this time. Roll Call on substitute motion: Logacz, Norberg, Hentges, Nawrocki - Aye Heintz - Nay The City Manager asked for authorization from the Council to have the specs finalized so the City can go out for bids. Discussion followed on the alternative plans. Motion by Norberg, seconded by Logacz, that the City Manager be authorized to prepare specs and bid documents and call for bids on interior remodeling according to the plan as presented in the event that Anoka County agrees to the plan, bid opening to be June 8th. Roll Call: Logacz, Heintz, Nawrocki - Aye Norberg, Hentges - Nay The City Manager briefly reported on the plans for the first floor remodeling. He would like to take bids on this at the same time as bids are taken for the second floor remodeling. Motion by Heintz, seconded by Logacz, that plans and specs for the remodeling of the existing Police Department area for a new office area for the HRA and Planning Departments be prepared and presented for bids. Roll Call: Logacz, Heintz, Nawrocki - Aye Norberg, Hentges - Nay The City Manager reported that the three phase electrical service which was previously installed had one leg which was only 160 amps instead of the normal 240 amps. This was what the Council authorized at the time of the installation. The architect is now aware of the situation and is working it out with NSP. May 8, 1978 Page 8 RESOLUTION AMENDING 1978 LICENSE FEE SCHEDULE RESOLUTION 78-14 AMENDING THE 1978 LICENSE FEE SCHEDULE WHEREAS, the City Council has previously passed a resolution setting license fees for 1978, and WHEREAS, it has been found to be a hardship on owners of small vending machines to have all vending machines placed in the same license category, NOW, THEREFORE, BE IT RESOLVED that small non-electrical machines that are rack-mounted or could be rack-mounted that vend merchandise at random for a single penny, nickel, or dime be licensed at the rate of $3.00 for the first machine and $1.00 for each additional machine mounted on the same rack or stand. Passed this 8th day of May, 1978 Offered by: Norberg Seconded by: Logacz The City Manager noted that there had been some complaints from vendors that the license fee was too high for the profits that were realized. Roll Call: Logacz, Heintz, Norberg, Nawrocki - Aye Hentges - Nay ORDINANCE 885 REGARDING PURCHASE AGREEMENT WITH MIDLAND COOP Motion by Norberg, seconded by Hentges, to defer further consideration of ordinance 885 until later in the meeting. Roll Call: All Ayes PAYMENT OF BILLS Councilman Norberg noted that #25299 for the HRA was unsupported and asked that the check be withheld. Motion by Norberg, seconded by Nawrocki, to pay the bills as listed out of the proper funds with the exception of ~25299. Ro111 Call: Logacz, Heintz, Norberg, Nawrocki Hentges Nay Aye NEW BUSINESS: Ratification of Emergency Contract for Sewer Repair City Manager Bocwinski stated that there is an emergency sewer repair needed at 40th and 2nd Street that requires getting some special equipment in. Motion by Heintz, seconded by Hentges, that the City Manager be authorized to enter into agreement with Walhunt Company for emergency repair work at 40th May 8, 1978 Page 9 and 2nd Street in an amount estimated to be $180 per hour. Roll Call: All Ayes Motion by Hentges, seconded by Logacz, to recess the meeting at l:lO a.m. until 8:00 p.m. Tuesday, May 9. Roll Call: All Ayes Secretary Bruce~G. Nawrocki, Mayor