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HomeMy WebLinkAboutMinutes - City Council - 04/29/1992CITY COUNCIL 29 APRIL 1992 The South Burlington City Council held a special meeting on Wednesday, 29 April 1992, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; William Cimonetti, Robert Chittenden, James Condos Also Present: Charles Hafter, City Manager; Sid Poger, The Other Paper; Mike Donoghue, Free Press, Lee Graham, Police Dept; John Blanchard, Hans Jenny, Mark Thon, Laura Ann Stevens, Harley Brown, Denny Johnson, Elizabeth Gilbert, Peter Kunin, Patty Ross, G. Lane Maxfield, William Gilbert, Frank & Jennifer Kochman, Janet Delneo, Robert Fisher, M. Gilbert, Richard Gilbert, Louise Brooks, Lucy Brown, Adam Bridge, Brian Reed 1. Comments & Questions from the Public (not related to Agenda Items): No issues were raised. 2. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Hafter presented First Class Liquor License renewal requests from the following: a) Wesson's Diner, Inc, Wesson's Family Restaurant & Lounge, 110 Shelburne Rd., S. Burlington b) Surf & Turf, Inc., The Whaler, 2026 Williston Rd., S. Burlington c) Bambino's, 520 Shelburne Rd, S. Burlington Mr. Hafter advised that problems with Wesson's Diner and Surf & Turf have been cleared up and he recommended issuance of the license renewals. Mr. Condos moved to approve the First Class Liquor License renewals for Wesson's Dinner, Inc, Wesson's Family Restaurant & Lounge, and for Surf & Turf, Inc., The Whaler, as recommended by staff. Mr. Chittenden seconded. Motion passed unanimously. Mr. Condos then asked for a summary of the proposed plan to address the issues raised in connection with Bambino's. Mr. Brown outlined the steps that would be taken: 1. In the parking lot there will now be off-duty S. Burlington Police details on Tuesday, Friday and Saturday nights. Previously, these officers have been assigned inside the club. Mr. Condos noted that these off-duty Police are being paid by Bambino's not out of taxpayer funds. Mr. Brown noted if S. Burlington Police aren't available they will use a private security company and have already contacted Dieter Security. Mr. Cimonetti asked what power private security personnel would have. Mr. Brown said they can detain offenders and call for S. Burlington Police. 2. Mr. Brown said there will be signs in the parking lot regarding conduct that will not be tolerated. 3. There will be announcements made from the bandstand regarding unacceptable conduct. 4. Security staff will be increased on Friday and Saturday nights. 5. There will be a notice of tresspass form posted and violators will be barred forever from entering the club. 6. Regarding overserving, Mr. Brown noted the average customer consumes $5-$7 in beverages which is not much. Meetings are held with staff to get them to be aware of procedures for handling excessive drinking. He also noted that both legal drinkers and 18-20 year olds will now be braceleted with different colors to distinguish between them. The only night on which people won't be banded is Tuesday when only legal drinkers are allowed in the club. 7. Regarding the noise problem, Mr. Brown said they found out that in January, when the noise problem in the neighborhood started, bass speakers were moved to the floor. They have now been hoisted back up above ground level. This has made a lot of difference. Bambino's has agreed to construct an 8 ft. stockade fence to run from Channel 22 to the tennis court fence, about 100 yards. He said he didn't feel this would help the noise problem, but residents had asked for it. He said it might limit residents' ability to walk through the area. Residents asked that a space be left near the ridge for them to pass through. 8. Regarding live entertainment, Mr. Brown said bands are harder to control. Hans Janny of "Roadshow Entertainment" which provides bands for the club, said the problem is correctable. Amplifiers can be turned down, and if a band does not cooperate, they will not be hired again. Mr. Brown said there is a positive side to the Bambino's business as they have done a number of charitable events. He also noted they have fixed up the building and put a lot of money into it. Mr. Cimonetti asked that Planning and Zoning review whether or not their approval is needed for the fence. Mr. Hafter then outlined the conditions the city will impose for renewal of the liquor license: 1. The city will assign 2 police officers at Bambino's expense. 2. Security in the parking lot will consist of 2 persons in a car until the last person has left the lot on Tuesdays, Fridays, and Saturdays. 3. There is to be no drinking, loitering, or disorderly behavior in the parking lot. Such behavior will not be tolerated. 4. Signs will be posted as to what behaviors will not be allowed. 5. Announcements will be made from the bandstand inside the club as to what behaviors will not be tolerated. 6. There will be a minimum of 9 security personnel in the club on Tuesdays, Fridays, and Saturdays. 7. The applicant must comply with all laws regarding overserving. 8. There will be no noise vibrations discernible from Hadley Road. There will be no sound discernible from Hadley Rd. 9. The proposed stockade fence will be constructed by 5/22. With regard to compliance, the city recommends hiring someone at Bambino's expense. Violations of these conditions may result in revocation of the liquor license. Mr. Hafter added that the city is recommending not renewing the live band entertainment permit for Wednesday nights for at least one month. This would allow Bambino's to concentrate on getting the sound down using the Disc Jockey. If there are no further problems, the Wednesday night permit could be granted in a month. Mr. Kochman thanked the city for the effort put in on the neighbors' behalf. He stressed that residents want a space in the fence at the tennis court end. Mr. Cimonetti suggested when the design for the fence is done, neighbors review it. Lisa Gilbert also thanked the City Manager and city employees for their efforts. Mr. Cimonetti stated that regarding noise, he felt any noise that gets off the Bambino's premises is the city's responsibility, regardless of how it gets there. If there is noise, there is a violation. No meters are necessary. If it's heard, there's a problem. Mr. Cimonetti also felt there should be someone on the Bambino's premises authorized to take action when complaints arise. Mr. Brown said there is always someone there to do this. Mr. Cimonetti said he wanted assurance that when there are complaints, something is done about them. Mr. Condos added that he didn't want to hear "we're going to try to do something," if there is a complaint they WILL do something. Mr. Kunin said he felt that attaching conditions to the liquor license was a good idea as the neighbors have lost faith in Bambino's. Mr. Gilbert asked whether Bambino's accepts the city's conditions. Mr. Brown said he had a problem with the city, at its option, assigning police officers at Bambino's expense. Mr. Cimonetti agreed with Mr. Brown on this. Mr. Brown was also concerned about not renewing the Wednesday night entertainment permit for live music. Mr. Brown said he was concerned that these stipulations will be attached to the liquor license. Mr. Brown also felt there was a problem with the city monitoring compliance at Bambino's expense. Mr. Cimonetti agreed with this as well. Mr. Kochman said he would never make a complaint unless there is a S. Burlington official beside him to substantiate that there is noise at his residence. Mr. Cimonetti stressed that he wants these stipulations attached to the liquor license and entertainment permits. Other members agreed. Mr. Cimonetti then moved that the notice of conditions as amended become stipulations on any liquor or entertainment permits proposed to the State for Bambino's. Mr. Condos seconded. Motion passed unanimously. Mr. Cimonetti noted that the Bambino's problem is costing the city money and resources in having to respond to 240 complaints in 9 months. He said he would not favor a standard 12 months liquor license renewal. He said he had spent time studying the statutes and talking with state licensing personnel and that he understood that the State will consider licensing for less than 12 months. He felt an appropriate action would be to recommend a period of 2 or 3 months and then see if there are still as many police calls. Mr. Chittenden said if the city can suspend the license at any time, he would just as soon go with a 12 month license. He felt it would be burdonsome to the city to have different expirations for different licenses all over town. Mr. Cimonetti stressed that 240 complaints put Bambino's in a separate category from any other establishment as the next highest number of complaints was 55 in the same 9 month period. He felt the Bambino's situation was intolerable. Mr. Chittenden said he could support 6 months. Other members felt three months was acceptable. Mr. Cimonetti moved that the notice of conditions as amended be appended to the First Class Liquor License renewal application of Bambino's and that the South Burlington Liquor Control Board recommend a license renewal for Bambino's for a period of three months. Mr. Condos seconded. Motion passed 3-1 with Mr. Chittenden opposing. Mr. Cimonetti then moved to renew the entertainment permits for both Tuesday and Wednesday nights for the months of May with the stipulations as proposed and amended. Mr. Chittenden seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting adjourned at 8:55 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.