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HomeMy WebLinkAbout05-26-1977 Council Minutes � � . CITY OF ORONO � Special Meeting of the Orono Council, 5: 30 P.M. � P�ay 26 , 1977 • � The Orono Council met on the above date with the following members present: Mayor Van Nest, � Councilmembers Butler, Massengale, and Welsh. . Councilmember Paurus absent. Also present: City Administrator Benson, Building & Zoning + Administrator Muhich, Police Chief Kilbo, City Attorney Malkerson, Public Works Supervisor � Carlson, Mr.Lebewitz, Navarre Drive-In Theatre Manager, Mr. Braverman, Northwest Cinema � Corporation President, and Mr. Blohm, Attorney. � Dick Benson, City Administrator, announced that + this special Council meeting was called to review and adopt a resolution considering the license + of the Northwest Cinema Corporation for the Navarre Drive-In Theatre. The official newspapers i were notifed of this special Council meeting for Council action on the Navarre Drive-In Theatre . � license. + Mr. Bruce Malkerson, City Attorney, stated that NAVARRE DRIVE-IN THEATRE � he has reviewed the proposed resolution with Mr. Blohm, Attorney representing Northwest � Cinema, Corp. , and Mr. Blohm has agreed to minor changes to the proposed resolution and to sign off • on the conditions set forth. � Letter from D. Randall Blohm, dated May 26 , 1977 � Late yesterday afternoon, I received a copy of a � proposed resolution regarding this matter � prepared by Mr. Malkerson, evidently to be + considered by the Council this evening. I have ' not had the opportunity to participate in the r drafting of this proposed resolution. It was • my understanding and the understanding of my client that in the interval between the May 24 ! Council meeting and the meeting called for May 26 , an attempt would be made to formulate an operational � policy for the drive-in theatre to supplement the conditions imposed upon issuance of the license . � March 28, 1977, and to govern operations on a provisional basis until June 13, at which time, �' the items set forth in Chief Kilbo' s memo of � May 24 and other subjects,such as the need for fencing and dust control,would be considered. � Absent such an agreement on operational policy, the Council resolved that it would entertain a � motion to revoke the theatre license. Accordingly, I reviewed Mr. Malkerson' s draft resolution with � the principals of Northwest Cinema. (Continued) � � � � � • SPECIAL MEETING OF THE ORONO COUNCIL, MAY 26 , 1977 Page 2 � They have agreed that the following iterls relat- NAVARRE DRIVE-IN THEATRE ing to operational policy at the theatre property (Continued} � should be provisionally adopted by the Council as supplemental conditions to the issuance of the � theatre license that was approved March 28 , 1977. • Between now and the next regular Council meeting June 13, there are three weekends which should - � afford us ample opportunity to test the effective- ness of these changes in operational policy in � controlling the conduct of the patrons of the theatre and in removing some of the objections � of the residents in the area. � End of letter � Mr. Braverman stated that they had attempted to � call the State Fire riarshall to request a permit but he was not available. Mr. Braverman stated � he would request an inspection by the first of the week. � Mayor Van Nest, City Council and staff, and � Northwest Cinema Corp. staff reviewed each � condition set forth. � Butler moved, Massengale seconded, to adopt RESOLUTION #790 Resolution #790, A Resolution Suspending The Suspend Theatre License � License Of The Northwest Cznema Corporation For Navarre Drive-In Theatre And Setting Forth � Additional Restrictions Precedent To The Granting � Of A Temporary License, Al1 To Protect The Health, Safety And Welfare Of The Citizens Of The City � Of Orono. Motion, Ayes (4) - Nays (0) . � Resolution #790 attached. • Dick Benson, City Administrator, announced that . a public hearing has been set for June 13 , 1977 at 7: 00 P.M. to reconsider the 1977 license for • the Navarre Drive-In Theatre. • I�Sayor Van Nest discussed with the City Council SETTLEDZENT AGREEMENT � a proposed settlement offer to Northdale Northdale Construction Construction Company concerning the 1973-1 � construction project, stating that Mr. Benson • and he had met with Mr. Bernie Mittlesteadt, President of Orr-Schelen-Mayeron, and Pdr, jaayne i Long, Vice Presdient, Wednesday, May 25, 1977 at 10: 00 A. M. reviewing a proposed settlement offer. • � � � � � � • SPECIAL MEETING OF THE ORONO COUNCIL, MAY 26, 1977 Page 3 � riassengale moved, Welsh seconded, to hold a BOARD OF REVIEW continued Board of Review meeting on Thursday, � June 2, 1977 at 7: 30 �.M. Motion, Ayes (4) - Nays (0) . � � Welsh moved, Massengale seconded, that the ADJOURNMENT � meeting be adjourned at 7: 30 P.M. Motion, Ayes (4) - Nays (0) . � r � , • , � i ' , � , i � � �✓.�_/ �-Z 1�% � William B. Van Nest, Mayo � � � � Attest: • Walter son, Cle dministrator r � � � � � � � � � � � � � � � � � � � � � � � � Resolution No. 790 • RESOLUTION SUSPENDING THE LICENSE OF THE � NQRTH4v'EST CINEMA CORPORATION FOR NAVARRE DRIVE-IN THEATRE AND SETTING FORTH ADDI- � TIONAL RESTRICTIONS PRECEDENT TO THE . GRAtITING OF A TEMPORARY LICENSE, ALL TO PROTECT THE HEP.LTH, SAFETY AND WELFARE � OF THE CITIZEP]S OF THE CITY OF ORONO � WHEREAS, the City of Orono has reviewed the files, the • numerous complaints and the City Staff reports related to the S operation of the Navarre Drive-In Theatre for the past several years and specifically since March, 1977, and � Y7HEREAS, the City Council has reviewed this matter at � a City Council meeting of May 23, 1977, with the management of Northwest Cinema Corporation, hereinafter referred to as � Licensee, and with the staff of the City of Orono, and WHEREAS, the City Council of the City of Orono has held a public hearing on May 24, 1977, to receive comments from the public and from the Licensee to show cause why the license for � the Navarre Drive-In should not be suspended or revoked im�ed- iately , � NOW, TEIEREFOFE, the City Council of the City of Orono w makes the following findings of fact: � 1 . That the operation of the Navarre Drive-In in the � past year has constituted a public nuisance. � 2. That the operation of the Navarre Drive-In in the past year has resulted in excessive and , unreasonable interfer- � ence with the private property rights of others. � 3 . That the operation of the Navarre Drive-In in the • past year 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 year has resulted in excessive danger to the police offi- cers 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 consti- � tute a public nuisance. � 6 . There has been no adeguate control of the ingress ar_d egress of the Navarre Drive-In. • 7 . There were numerous juveniles on the premises who r were drinking and who were present after curfew, all in vio- + lation of Chapter 61 of the �9unicipal Code. � 8 . There has been excessive and illegal parking on the streets surrounding the Navarre Drive-In by patrons of the Navarre a 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 the patrons � of the Navarre Drive-In. 9 . There has been illegal consumption of alcohol on the premises by adults and by minors. � 10 . There is unwarranted trespassing upon the private � and public property in the area caused by the patrons of the � • Navarre Drive-In. � 11 . There is a total lack of control of the patrons by Licensee on the premises. • 12 . The Licensee has been operating in violation of the i terms of its license as granted on March 28, 1977. � 13 . The Licensee has been operating in violation of the � Orono Zoning Code which reauires the construction of a six foot, fifty percent opaque fence around the boundaries of the Navarre a Drive-In. � 14 . The Licensee in the past year of operation 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 P•lunicipal Code. � NOw, THEkEFORE, 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, the City Council of the City of Orono hereby suspends indefin- � itely the license granted to Licensee for the Navarre Drive-In on March 28, 1977, for the reasons set forth above and instruct � � � . . � � � � � the City Police Department to take all steps necessary to close down all access points to the Navarre Drive-In unless the • Licensee agrees in writing prior to 11 : 00 A .M. , Friday, May 27, 1977, to conduct its operations in the future pursuant to � the following regulations: � 1. 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 theatre license. � � 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 Plavarre 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 enforce the regulations as set forth herein. After all of the patrons have � arrived for the evening ' s performance, the security officer at the entrance shall assist the other officer in patroling the � p remises. � � 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. ` � � � ` � � � � 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 intox- icated persons or any individual or groups of people that demon- � strate 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 ejected. 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, which trailer shall 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 � s h ow . , � 15 . The Licensee will employ in addition to the two off- � duty police o�ficers, five_ "fieldmen", which fieldmen will be responsible for enforcing these regulations. Two 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 police officers of the City of Orono and to the patrons. � 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 work- � ing for the Licensee. In the event off-duty police officers • are unwilling to be employed as security personnel at the theatre, 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. � 20 . The Licensee shall comply with Minnesota Statutes, . §299H , et seq. relating to the State Fire Code and obtaining a permit therefor prior to June 3, 1977. � 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 theatre. � 22. The names and addresses of the off-duty police offi- � cers and the manager of the theatre 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. The City Staff is directed to conduct weekly inspections to � insure compliance with the provisions of this resolution. 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. � In the event that the Licensee agrees to abide by the regula- tions as set forth above, then City Staff is directed to grant a temporary license to the Licensee, which temporary license � shall expire on June 13, 1977, or sooner, if the City Council determines that the provisions hereof have been violated by � the Licensee. � On June 13, 1977, at 7 : 30 P.M. , the City Council will hold � a public hearing to determine whether or not the temporary � � � � ! � • . ! license should be continued, revoked, or the City Council � will make such other disposition of this matter as it deems necessary to protect the health, safety and welfare of the � citizens of Orono. Notice of the public hearing shall be given to all property owners within 300 feet of the Navarre � Drive-In at least ten days prior to the hearing. � From this date until the June 13 , 1977 public hearing, the � City Staff and the Licensee shall review the question of whether or not permanent fen�ing is needed around the premises as has previously been reouired by the Orono Zoning Code, and whether or not there is a need to implement procedures to control the � dust in the Navarre Drive-In and to prevent the dust from leaving • the premises and being deposited on the property adjacent thereto. Licensee shall have the responsibility of showing why a variance � from the Zoning Code concerning the construction of fences should be granted . This resolution was passed by the City Council of the City of � Orono on May 26, 1977, by a vote of 4 ayes and 0 nays . � � William B . Van Nest, Mayo ATTEST: � � ' alter Benson Clerk/A ministrator � � Northwest Cinema Corporation has reviewed the above resolution and agrees to be bound by the regulations and terms as set forth herein as a condition precedent to obtaining a temporary license for continuing operation of the Navarre Drive-In Theatre until June 13, 1977. � President � Northwest Cinema Corporation d/b/a Navarre Drive-In Theatre, Licensee � � � �