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HomeMy WebLinkAboutResolution 1022 . . }' , . RESOLUTION N0. 1022 , . � A RESOLUTION SETTING FORTH RESTRICTIONS AND REQUIREMENTS PRECEDENT TO THE GRANTING OF A THEATER LICENSE TO NORTHWEST CINEMA CORPORATION AUTHORIZING OPENING AND OPERATION OF THE NAVARRE DRIVE-IN THEATER DURING THE 1979 SEASON WHEREAS, Northwest Cinema Corporation has applied for a theater license to operate the Navarre Drive-In Theater during the 1979 season; and • WHEREAS, the City Council of the City of Orono 'has reviewed the City files, City staff reports , numerous complaints and past promises and .performances by Northwest Cinema Corporation (hereinafter "the licensee") , all related to the operation of the Navarre Drive-In Theater over the past several years ; and ' . WHEREAS, over. the past several years, the City has issued theater licenses to Northwest Cinema Corporation subject to findings and conditions contained in Resolutions 790, 898 and 905 ; and , WHEREAS, the 1978 season was operated relatively complaint-free after installation of perimeter fencing and according to the operating conditions required by Resolution 898; and WHEREAS, Northwest Cinema Corporation has advised the City Council that they have sold the property and that they expect the 1979 season to be the last season of operation for this theater, I, NOW,' THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono lzereby finds that the prior year' s license conditions , h�ve proveii effective and reasonable in achieving orderly operation of the theater, That there is no contemplated change in the use of the property in 1979 which would require any change in said license conditions , and further that the following findin gs of fact from previous years remain applicable in 1979: � 1. That the operation of the Navarre Drive-In in the past has constituted a public nuisance. 2. That the operation of the Navarre Drive-In in the past � has resulted in excessive and unreasonable interference � with the private property rights of others . Resolution No. 1022 � • Page 2 „ 3. That the operation of the Navarre Drive-In in the past has resulted in excessive demand for and use of the police officers of the City of Orono, all to the detriment of other citizens of Orono who rely upon those policemen to provide protection in other areas of the City. 4. That the operation of the Navarre Drive-In in the past has resulted in excessive danger to the police officers of the City of Orono and of other cities who have responded to the problems on the premises, the patrons on the premises • and the citizens of Orono in the area, 5. The continued operation of the Navarre Drive-In without additional restrictions is adverse to the health, safety . and �welfare of the citizens of Orono and will constitute ' • a public nuisance. 6. . In prior years there has been no adequate cont rol of the ingress and egress of the Navarre Drive-In. • 7. In prior years there were numerous juveniles on the �premises who were drinking and who were present after curfew, all in violation of Chapter 61 of the Municipal Code. 8. In prior years there has been excessive and illegal parking - on the street surrounding the Navarre Drive-In by patrons of " _the Navarre Drive-In who trespass upon private and public property in order to sneak into the Navarre Drive-In without _ paying therefor, The illegal parking by the patrons has . • resulted in excessive noise and disturbance late at night in a quiet residential neighborhood and_the littering _of the residential neighborhood by patrons of the Navarre Drive-In. 9. In prior years there has been illegal consumption of alcohol on the premises by adults and minors. • 10. In prior years there has been unwarranted trespassing upon the private and public property in the area caused by • the patrons of the Navarre Drive-In. 11.� In prior years there has been a lack of control of the • patrons by Licensee on the premises. • Resolution No. 1022 Page 3 - 12, The Licensee has been operating in violation of the Orono Zoning Code which requires the construction of a six foot, fifty percent opaque fence around the boundaries of the Navarre Drive-In. ' 13. The Licensee in the past has allowed boisterous, profane and other objectionable conduct by its patrons and has not taken reasonable precautions at all times to prevent such conduct and to reject •from the premises persons engaging in such conduct or demonstrating propensity for it, all in violation of Section 61.080 of the Municipal Code. 14. In 1978, the licensee erected perimeter fencing as required by Resolution 905, which fencing included some "temporary" chain link fence in lieu of a permanent fence as required in the zoning code. 15. Resolution 905 included the requirement for installation • of full perimeter fencing before the 1979 season; to wit: " 8, There shall be no use of the property in 1979 for � theater purposes unless the permanent fence as specified in Paragraph 1 above is first completed around the entire . perimeter of the property.", II. NOW, THEREFORE, in order to protect the health, safety, and welfare of the citizens of Orono, the patrons at the Navarre Drive-In, the property owners in the area, and the Orono police officers who . respond to problems at the drive-in and based upon the above findings of fact, the City Council of the City of Orono hereby issues the 1979 Theater License to Northwest Cinema Corporation subject to the conditions for conduct of theater operations set forth hereinafter: l. The Licensee shall continue to comply with provisions 1 to 12 set forth in the Minutes of the Orono Council meeting of March 28, 1977 , granting the theater license. ; � . Resolution No. 1022 Page 4 , 2. The Licensee shall not charge admission by the car, but will charge admission per individual and issue a separate ticket for each paid admission. . 3. The Licensee will prohibit the consumption of beer and liquor on the ,premises . 4. On Friday, Saturdays (and Sundays when preceding a holiday) the Licensee will employ at its expense two off-duty uniformed security officers of the State of Minnesota, one of whom will . be present at the entrance of the Navarre Drive-In �while the patrons are coming into the drive-in, and the other will patrol throughout the drive-in during all hours that the Navarre � Drive-In is open to the public in' order to entorce the regulations as set forth herein. After a11 of the patrons have arrived for the evening' s performance, the security officer at the entrance shall assist the other officer in • patroling the premises. 5. The officers will escort from the premises any patrons � who violate any of the regulations as set forth herein. 6. The officers will check in all cars where they have reasonable cause to believe there is liquor being consumed by adults or minors. - _ 7. The Licensee will insure that all patrons remain in their vehicles or in the immediate vicinity thereof except for � traveling by the patrons to the concession stand or restrooms . 8. The Licensee will insure that there will be no loitering allowed on the premises and no gatherings in excess of six people other than transitory gatherings that are not disorderly. 9. The Licensee will turn off all speakers on the individual stands prior to the commencement of each evening's show and the Licensee will insure that at all times during the show the fieldmen, as set forth hereinafter, will turn off all speakers that are unattended and unused. • ,•' , , , • Resolution No. 1022 � Page S 10. Entry and exit lights will be operational before the evening show begins. � 11. The Navarre Drive-In will close promptly at 1: 00 A.M. , Central Standard Time, or 2: 00 A.M. Central Daylight Savings Time, and the Licensee shall insure that all patrons leave the premises promptly at the conclusion of the movie or at the time noted above, whichever occurs first. ' 12. The Licensee will eject all unruly, noisy or intoxicated persons or any individual or groups of people that demonstrate. a behavior or disturbance, unruly actions , intoxication, or .other activity which poses a threat to the public health, � safety or welfare or will violate any of the requirements of this resolution. . 13. The Licensee will construct signs and place such signs at the entrance of the Navarre Drive-In which shall state • that there shall be no loud radios or horn honking; no • loitering; no disorderly conduct or alcoholic beverages ; that patrons must retain their admission tickets ; and that any violation of the foregoing shall result in a patron being ej ected. 14. The Licensee will develop a "trailer" which will be shown at the commencement of each show and at least once - during the show at intermission, whic h trailer sha11 set - forth the regulations as noted in the paragraph above. The Licensee shall also announce over the loud speaker system the regulations as set forth in the above paragraph at the . commencement of each show. 15. The Licensee will employ in addition to the two off-duty police officers, five "fieldmen", which fieldmen will be respdnsible for enforcing these regulations . 'Itao fieldmen may assist in taking tickets until a majority of expected patrons have arrived. The fieldmen will wear orange fluorescent vests at all times which will identify them as employees of the Licensee to the off-duty officers, to the polic.e officers of the City of Orono and to the patrons . • �, � � Resolution No. 1022 Page 6 , 16. The Licensee will meet the requirements of the State Health Department at all times . 17 . The Licensee shall clean up the premises by noon on each day following the show. 18, Each patron must have in his possession at all times a valid ticket for that evening show or else the patron will be ejected from the premises . � � 19. The two off-duty police officers to be employed by the Licensee shall meet with the Chief of Police at least once prior to their working for the Licensee. In the event that � one or more of these �officers is replaced with another officer, that officer shall meet with the Chief of Police prior to working for the Licensee. In the event off-duty police officers are unwilling to be employed as security personnel at the theater, the Chief of Police may approve the substitution • � of uniformed personnel of a private security service and shall meet with the Chief of Police at least once prior to � their working. 2p, The ,Licensee shall comply with Minnesota Statutes S299H, et. seq. relating to the State Fire Code and obtaining a permit therefor prior to operations in 1979. 21. The two off-duty officers shall be empowered and instructed by the Chief of Police to erect no parking signs during the � hours of operation and to tag all violators of no parking signs on the streets to the rear of the theater. . 22, The names and addresses of the ,off-duty police officers and the manager of the theater shall be presented to the " Chief of Police and Licensee shall notify the Chief of Police of any changes thereto. Names and addresses of the fieldmen . shall be given to the off-duty police officers. 23. One of the fieldmen shall patrol the rear lotline of the premises during and prior to the show in order to prevent : trespassing and the entrance of individuals in areas other . � than through the authorized entrances to the premises . . Resolution No. 1022 Page 7 , 24. Because Northwest Cinema Corporation has represented to the City that it intends to terminate the use of this property as a theater in 1979, and ther.efore does not wish to construct the permanent fence all around the property in 1979, the City of Orono agrees to permit operation of the theater in 1979 with only that fence erected in 1978 and now inplace on the �property. However, because the City is not now requiring a fence all the way around the perimeter as is required by the zoning code, the City of Orono will and does reserve the right to require additional fencing in 1979 if it is found after a public hearing that the fences required by this agreement are not sufficient to protect the . health, safety and welfare of the citizens of Orono, or the patrons attending the drive-in or the police personnel called to assist at the drive-in. � 25. If after operations have commenced, there appears to be • a problem with parking on Blaine and Northern Avenue as determined by the Chief of Police of the City of Orono, then . Northwest Cinema Corporation shall at its expense and subject to direction of the Chief of Police of the City of Orono, install the necessary parking signs along Blaine Avenue and Northern Avenue to prohibit parking during the hours of the _ operation of the theater. ' - 26. If after operations have commenced, it is found that people are congregating outside of the temporary fence to the rear of or to the western side of the theater property during the operations, and using those areas for parties, etc. during those time periods, then Northwest Cinema Corporation shall have its off-duty officers patrol those areas to control and eject people that are so located and if such a procedure is not sufficient, then additional fencing may be required. 27 . Northwest Cinema Corporation shall �install a fence or • a chain across that portion of the northern boundary of the property running from the railroad right-of-way along Blaine Avenue in such a way as to prohibit all the vehicular passage into or out of the property. • � ' r � aResolution No. 1022 Page 8 28. The City staff is directed to conduct weekly inspections to insure compliance with the provisions of this resolution. 29. The City may impose any other supervisory and enforcement regulations as the City deems necessary from time to time to insure compliance of the Licensee with the City codes and in order to protect the health, safety and welfare of the citizens of Orono. 30. This agreement in no way grants any continuing rights to Northwest Cinema Corporation. 31. This agreement must be signed by the applicant, by all persons who have any legal or equitable interest in the subject property, except the mortgagee. • This resolution was passed by the City Council of the City of Orono on the third day of April , 1979 . , � ( � _ � ; A'�'�E�; William B. Van Nest, Mayor G Walter . Benson, Cle Administrator The new owners of this property and Northwest Cinema Corporation have reviewed this resolution and agree to be bound by the regulations and terms as set forth herein as a condition precedent to obtaining a T'heater License for 1979. PROPERTY OWNERS: N EST CINE CORPORATION: �" � Irving raverman, President The undersigned owners of the underlying fee interest v�Y�^�""'�1 �--- _ �f the Navarre Drive-In Theater agree that in the D. Randall Blohm, Secretary event of violations of the within conditions , the City of Orono reserves the right to revoke the license herein granted. C�, �\\ �,,� o,-� , b-��ts��