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HomeMy WebLinkAboutMinutes - City Council - 04/17/1995CITY COUNCIL 17 APRIL 1995 The South Burlington City Council held a regular meeting on Monday, 17 April 1995, at 7:30 p.m., in the Frederick Tuttle Middle School, Dorset Street. Members Present: Robert Chittenden, Acting Chair; Michael Flaherty, James Condos, David Maclaughlin Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Margaret Picard, City Clerk, Stephen Stitzel, City Attorney; Richard Ward, Zoning Administrator; Albert Audette, Public Works Dept; Dennis Delaney, Frank Mazur, Ann Pugh, State Legislators; Lee Graham, Police Chief; Wallace Possich, Fire Chief; Ted Manazir, School Board; M. Hachemeister, H. Cabot, M. Mazur, M & J Pelletier, M. Mongeon, G. Urban, R. Robistow, P. LaPere, A. Leupp, N & J Somers, T. Crowley, R. Anderson, S. Cliche, M. White, A. Stromerson, Jr., M. Estey, G. Barone, A. Lindley, R. Hest, J & R Randazzo, B. Merritt, B. & L. Gerlack, D. & N. Thibault, L. Vaughan, S. Prior, J. Jaish, K. Burt, S. Lane, J. Franks, D. Johnson, F. Way, K. Martineck, S. Way, S & J. Kutner, T. Brice, P. Hanly, K. Masse, L. Shearer, J. Dinklage, R, S, & D. Beaurage, M. & K. Flynn, C. Mupler, P. Collins, E. Maynes, S. Smith, J. Haire, J. Miner, S. Woodman, M. Amour, J. Slattery, S & C Nedde, M. & P Newhouse, P & W McCreedy, L. Duell, S. Stoddert, H. Gervais, J. Light, S. Martell, V. & C Dessi, A. Macdonald, R. Hayward, A. Roberts, J. Gears, C. Field, G. Farrell, G. Cenci, N. Rorris, S. Dattilio, B. Gilmore, K. Racine, J. Osborne, S. Hopkins, J. Bates, J. Jewett, J & B Hausner, N. Chamberland, J. Holt, E. Hest, E. Clapman, J. Zagwis, A. Blair, D. & M. Lefebvre, S. Bolton, R. Harrison, G. Donovan, J. Gielh, A. Manazir, S. Boucher, G. Martin, B. Courture, S. Stoddard, D. Ansakki, D. Sinclair, E. Pomerleau, D. White, W. Lensiney, C. Brush, C. Smullen, B. & L. Wolbach, R. Brooks, L Bousquet, C. Bean, T. Lavalette, J. & D. Kearns, B & S. Woods, A. & B. Crady, D. Labreque, L. Previti, P. Lawrence, L. & D. Taber, L & L Blaine, L. Hutchins, K. DeNucco, M. Smith, R. & V. Naramore, B. Russ, D. Williams, J. Mikkelson, N. McGovern, S. Gieir, A. Bernstein/Ginsburg, M. Callahan, C. Spannbauer, J. Corcino, B. Chittenden, D. Campbell, J. Adone, U. Faltur III, B. Hosler, Y. Duhamer, D. Casey, B. Schuele, D. Deslauriers, G. Chamberland, L. Wrigley, M. Fay, J. Valentonic, J. Slcik, S. Sissel, C. Stand, M. Sardoke, K. Boyd, R. Gravelle, J. Simindinger 1. Comments & Questions from the Audience (not related to items on the Agenda): No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter announced the following meetings and events: a. Public Hearing on Phase 3 of the Recreation Path, 8 p.m. Thursday, 20 April. Mr. Hafter also noted that federal funding had been received for this project. b. Groundbreaking for the skating facility, 29 April, 10 a.m. c. Grand opening of Dorset Street Park, 13 May. This will include a parade, Little League Games, and other activities. d. The Bartlett Bay Water Treatment Facility has received the Green Mountain Water Environment award recognizing that they have the highest rate of getting pollution out of the water. 3. First Reading of City of South Burlington Public Indecency Ordinance; Schedule Public Hearing of Same: The City Attorney explained the proposed Ordinance and said that the purpose tonight is to hear concerns, issues, etc. He then reviewed the provisions of the Ordinance noting that it sets forth the authority granted by the State for the City to establish such an Ordinance to promote health and safety and to regulate public nuisances. The Ordinance contains a specific definition of nudity which has been used in many other states and which has been upheld in the Courts. The Ordinance states what constitutes public indecency including appearing in public in a state of nudity. The conduct must be in person (not on TV, for example) and the act must be done knowingly and intentionally. Nudity on public beaches, on other public property, and performing nude in a public place would be prohibited. The Ordinance places the responsibility to insure that property is not used for engaging in regulated conduct on the owners of the property. Failure to do so would be a civil offense with penalties up to $500 per occurrence. Mr. Stitzel stressed that this is a civil ordinance, not a criminal one. It does not give a violator a criminal record. He compared it to the issuance of a traffic ticket. The offender would, in fact, be issued a ticket and would be entitled to a hearing. There is a provision for a waiver fee (in lieu of challenging the ticket). The city reserves the right to pursue other means of enforcement including an injunction to prevent continuation of violations. Mr. Stitzel said there has been a question raised as to whether the proposed ordinance violates the First Amendment of the U.S. Constitution. He noted there have been decisions, including a U.S. Supreme Court decision (i.e., Barnes v. Glenn Theater, Inc., 1991), that upheld such an ordinance. The South Burlington Ordinance is based on the ordinance that was upheld. The Supreme Court in that case said the ordinance did not violate the First Amendment rights of the performers in the club. The key issue is that the ordinance regulates conduct. Mr. Stitzel added that since the Supreme Court decision there have been other court decisions upholding this type of ordinance. Mr. Stitzel stressed that the proposed ordinance regulates public nudity and is not intended to regulate nudity on private property which is not open to public access or visibility. The Chair then opened the meeting for comments from the public. The following comments were made: 1. Margaret Mongeon: Ms. Mongeon presented the Council with 76 signatures opposing Club Fantasy's employment of nude entertainment. She noted that this represents 76 of a possible 80 residents at Country Park Senior Housing. She stressed that they don't oppose the club, only the nude entertainment. 2. David Deslauriers: Mr. Deslauriers said he is a concerned parent and citizen involved in civic organizations. He questioned interpretation of the ordinance and the cost to the city for enforcement. 3. Lee Wrigley: Mr. Wrigley presented the Council with a petition of 300 signatures opposing the club. 4. Mark Fay: Mr. Fay described the proposed entertainment at Club Fantasy as a moral cancer which would lead to prostitution and rape. He said he would worry about his wife shopping at night and also about the message it gives to the city's youth. 5. Rep. Frank Mazur: Mr. Mazur cited the city's proud traditions and felt the ordinance was commendable. He said he had approached people in Montpelier about doing something at a state level and will be pursuing some action from the point of view of the state liquor license following the legislative session. He noted that other communities in the country are involved in similar actions. 6. Jackie Valentonic: Ms. Valentonic said she chose to live in this area because of its low crime rate and was concerned with things such as prostitution which might follow this business into South Burlington. 7. Richard Gravelle: Mr. Gravelle moved from Montreal two years ago and now has a child in the S. Burlington school system. He was concerned with the proximity of the Club Fantasy to the school and with children being aware of what goes on at the club. 8. James Flick: Mr. Flick was concerned with what the club would bring into the city. He said he is originally from a large urban area and has seen what follows this kind of activity. He felt it would also be a bad influence on children and could see no possible good for the citizens of the city. 9. Jack Franks: Mr. Franks opposed the ban on public nudity and noted that House Bill H636 was thrown out this year. He cited how much revenue such a club would bring into the city via restaurants, hotels, etc. 10. Dean Williams: Mr. Williams urged the Council to act rationally to concerns and felt the Ordinance goes beyond indecency to mere nudity. He felt nudity is not a crime if it doesn't intend to promote lewd behavior. He felt enforcement would be a financial drain on the city because of numerous court battles. He questioned whether a performance of "O Calcutta" could be put on because of this law. He felt you cannot legislate morality and taste. He asked the Council to do the right thing, not the popular thing. 11. Jeff Menard: Mr. Menard didn't understand what doom the club would bring. He asked if this is banned, where would banning stop. 12. Jeff Jewett: Mr. Jewett said the Club Fantasy took a rundown building and fixed it up. He said he would prefer the club to trailer parks. He felt if people didn't like what was going on, they should stay home. He said he has been to such clubs and is not an offender. 13. Jeff Jacobs: Mr. Jacobs felt it would be easy to twist this law into banning books, etc. He felt there is nothing indecent about dancing. 14. Sandra Sissel: Ms. Sissel said people are twisting the First Amendment. Obscenity is not protected by the First Amendment. She noted that once Cincinnati got one such club, there was a whole strip of them, and the same thing happened in Boston, Minnesota and Seattle. Crime rates rose 50%. She expressed concern as a mother and grandmother with a school so close to the place. She said Vermont is a better place than to have such a club. 15. Jim Gears: Mr. Gears felt the club would be a "flash in the pan" and would close because it wouldn't generate business. He noted the devisiveness it has already created in the community. He said he loved the city and didn't want to see it divided like this. He expressed concern with the all-inclusive nature of the ordinance and suggested just focusing on this club. 16. Angela Crady: Ms. Crady has taught and lived in S. Burlington and noted there are three schools within walking distance of the club. She said she didn't want her kids to see this kind of thing going on as if it was OK. 17. Bruce Crady: Mr. Crady noted school buses driving by the club arousing the interest of children. He felt citizens have the right to say what they do and don't want in their communities. He applauded the ordinance. 18. Susan Woodman: Ms. Woodman was offended as a woman to the sexual objectification of women and felt it was degrading. 19. Sen. Dennis Delaney: Sen. Delaney noted that a large number of Vermonters also don't want casino gambling and felt that a majority of people don't want Club Fantasy in S. Burlington. He suggested the owner go out and find a place that wants them. 20. Joanne Simindinger: Ms. Simindinger felt nude dancing was detremental to S. Burlington's image and was degrading to both men and women. 21. Alex Blair: Mr. Blair cited the proposed club as one of the most immoral things that's happened in the city in his many years of living there. He noted a lot of alcohol would be served there and that Dorset St/Williston Rd. is one of the busiest intersections in the state. 22. Peggy Laforce: Ms. Laforce, mother of a Central School child, felt the taxpayers should have a say as to what goes on in the community. She noted there was a rape at the Mall a few weeks ago. 23. Paul Newhouse: Mr. Newhouse said this is not a First Amendment issue only the right for the club owner to make money. He felt the owner didn't care about what happens to the community only that he got his money and went home. He also questions what would happen to property values in the city. 24. Marianne Callahan: Ms. Callahan noted the club already has a Conditional Use Permit and Planning Commission approval. She felt the way to get rid of the club was to control the landowner so much he became uncomfortable. 25. Chris Spannbauer: Mr. Spannbauer felt the ordinance was an excellent way to deal with the situation. 26. Sam Kutner: Mr. Kutner felt it is a moral issue, a question of right and wrong. He said the city can't allow such garbage to come in. He said that Times Square used to be a decent place, but now decent people can't go there. 27. Charlie Desso: Mr. Desso felt the people supporting the club wouldn't want their wives dancing there. 28. Mike Sardoke: Mr. Sardoke said he grew up in the South Burlington schools and worked late shifts during high school, walking by the club's location. He said he wouldn't want his child walking by Club Fantasy. He said it would take only one incident to bring about a tragedy. 29. Pam Handy: Ms. Handy said a lot of sexual abuse results from such places. She said she is a victim of such abuse and the thought of the place makes her sick. 30. Another woman also identified herself as a victim and said her children go to Central School. She said she came to South Burlington to raise her children because she felt it was safe here. She said the club will bring abuse and prostitution. 31. Ruthann Harrison: Ms. Harrison said she would prefer Wal-Mart if it's revenue the city needs. 32. Kenn Boyd: Mr. Boyd said that because they have this kind of club in Barre is no reason to have it in S. Burlington. He felt the city needed to draw a "line in the sand." He said the city can regulate everything else. He thought citizens would be willing to fund a legal fund to fight the club in court. 33. Allen Findlay: Mr. Findlay said when you fail to punish the guilty, you punish the innocent. He applauded the fight against the club. At this point, the public hearing was closed. Mr. Flaherty thanked people for their comments and stressed that the Council needs to hear public concerns. Mr. Flaherty moved to set a public hearing on the proposed Public Indecency Ordinance for 26 April 1995, at 7:30 p.m. Mr. Condos seconded. Motion passed unanimously. 4. Liquor Control Board: Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Maclaughlin seconded. Motion passed unanimously. Consideration of Cabaret Beverage License & Entertainment Permit for S.B.C. Enterprises, Inc. (dba Club Fantasy): Mr. Chittenden said no action would be taken at this meeting to allow the Council Chair to participate in the process. Mr. Anderson, representing Club Fantasy, asked for a vote tonight. He said they are applying for a first class Liquor Cabaret License and Annual Entertainment Permit. He said the applicant desires to comply with valid laws and ordinances. He noted the club would open at 5:30. He noted the applicant owns a club in Barre and there has been no objection to how business is run there. Mr. Cliche said people are looking at only one issue. He said there will be other forms of entertainment such as banks, stand-up comedians, etc. Mr. Anderson said his client has invested a lot of money and a delay will be very expensive. He said they would accept an entertainment permit dated 2 May. Mr. Maclaughlin said there is very strong concern with the form of entertainment and noted the applicant has refused to define "dancing" on the application. He has said there is only a rumor that there will be nude dancing. He felt the forms should state the entertainment thoroughly. Mr. Condos asked the applicant directly if entertainment at Club Fantasy would include nude dancing. Mr. Cliche said it would include nude dancing. Mr. Condos then asked the applicant the total square footage of the building as built. Mr. Anderson said it is 3265 sq. ft. Mr. Condos then asked the total seating capacity. Mr. Cliche said 170 persons. Mr. Condos noted the Zoning Board approval was for a building with 1920 sq. ft. and 150 seats, and that this is stated in the Board's finding of facts. He said the applicant is proposing to be 13% over the seating approved and 70% over the approved square footage. He felt this was in violation of the Conditional Use Permit." Mr. Anderson said they will reconsider this but felt they were not in violation. The Chair then opened the floor for comments. The following people addressed the Board with comments: 1. Annie Luppe: Ms. Luppe said she vehemently opposed the issuance of permits because of the proximity to Central School. She noted it is less than 200 yards from the club to the school. She did not want to have to spend taxpayer money to police this place. She cited the family atmosphere on Williston Rd. with McDonalds, Burger King and Al's all catering to youngsters. She also cited the proximity to University Mall. She said children and runners use the sidewalks on Dorset St. She felt drinking and nude dancing were not a comfortable mix in the neighborhood. She felt they would attract a seedy element and questioned the safety of walking by the club in the evening. 2. David Deslauriers: Mr. Deslauriers said he was former DJ/announcer in the bar industry and also a volunteer in the CRASH program. He said drinkers don't use judgment and there would be increased costs of policing and property loss and damage. He felt the applicant has a right to apply but the Board needs to take into account the far reaching issues of traffic, rescue services, etc. 3. Al Frank: Mr. Frank questioned whether proper impact studies were done re: traffic and parking. 4. Another citizen questioned whether the city needs another place to sell liquor in the area, citing safety issues. 5. Gary Farrell: Mr. Farrell applauded tonight's turnout. He said he has been in business for 20+ years in the city. He is the owner of the Ramada next door to Club Fantasy and opposed it strongly. He said there is not one business he knows of in the area that supports it. He felt the place plays on people's weaknesses. He also felt the city has a right to stand up for what it wants. 6. A supporter of Club Fantasy felt the Board could make a decision tonight and questioned whether there are "hidden agendas." He said he distrusted the Board's ability to be objective. 7. Gene Cenci: Mr. Cenci said he has been doing business is S. Burlington for 30 years in the tourist business. He said tourists consider the image and perception of a place before coming to Vermont. The image they look for here, he said, is rustic, pristine, safe, friendly, cultural, with a sense of community. He felt the Club Fantasy hadn't stated all the facts in its application. He felt that this type of club and casino gambling don't belong in Vermont. 8. Gayle Barone: Ms. Barone said her child participates in activities at Central School in the evenings and would be afraid with the Club Fantasy next door. 9. Judy Kearns: Ms. Kearns noted the application says "no problems anticipated" and felt this naive. She said if the owner doesn't anticipate problems, those problems need to be anticipated by someone else. 10. Bill Woolford: Mr. Woolford cited 2 blatant violations of the Zoning approval. He said there are always problems in bars. 11. George Chamberland: Mr. Chamberland said he was a member of the Zoning Board that voted in favor of the club. He said the Board believed that what they were getting was a disco. There was no mention of anything like what has been discussed tonight. He said he felt personally responsible for having made his decisions and felt that the omitted information would have been important for the Board to see. 12. Walter McCready: Mr. McCready said he was an investigator for the Liquor Control Board for many years. He noted there had been an establishment way out on Williston Rd. that had scantily dressed waitresses. There were, he said, lots of problems there including three fatal accidents related to the establishment. He cited Section 222 of Vermont statutes which said a municipality "may issue a license..." He stressed that there is nothing that says it has to. 13. Joe Randazzo: Mr. Randazzo said he was also a member of the Zoning Board who voted for the Club's Conditional Use Permit. He said there were omissions made at the time and felt there were some legal issues. He said he would like to see the application tabled tonight to see if there was a fraudulent application made to the Zoning Board. He felt the Zoning Board could not rule adequately on the "character of the neighborhood" criteria and also traffic issues based on the incomplete information they got. He felt the application should go back to the Zoning board to be studies on its true merits. 14. Jim Hare: Mr. Hare cited Williston Rd. as one of the busiest in the state and felt it would be dangerous for club patrons to be going across 4 lanes of highway after drinking. 15. Dan Bogash: Mr. Bogash felt South Burlington was an upstanding community and should stay that way. He felt the applicant's establishment was OK, he should be let it, if it wasn't, he should not be accepted. 16. Another speaker noted that people come hundreds of miles to Vermont to get away from this kind of place. 17. Chris Spannbauer: Mr. Spannbauer felt that people who want this type of entertainment can go to Montreal. 18. Marrianne Callahan: Ms. Callahan said she had been told that although no one heard of any problems in Barre there had been a problem in Montpelier with Mr. Cliche soliciting dancers for his club at the school. Mr. Condos then moved that the application of Club Fantasy be continued to Wednesday 26 April 1995, at which time the Liquor Control Board would take action. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Condos moved the Liquor Control Board adjourn and re-convene as City Council. Mr. Maclaughlin seconded. Motion passed unanimously. 5. Public Hearing on Proposed CDBG Grant for South Burlington Senior Citizen Center at the Pines: Mr. Hafter noted receipt of letters of support for this project from both United Way and the Area Agency on Aging. Mr. Flaherty moved that the public hearing be closed and that the City Council sign the Resolution for the VCDP grant application authority. Mr. Maclaughlin seconded. The motion was passed unanimously. 6. Public Hearing on Amendment to Impact Fee Ordinance: second reading of same: Mr. Hafter reviewed the history of the amendment and advised that it can be adopted at tonight's meeting. Mr. Flaherty moved to adopt the Amendment to the Impact Fee Ordinance as presented. Mr. Maclaughlin seconded. Motion passed unanimously. 7. First Reading of Ordinance Prohibiting Parking on Either Side of Dorset Street Between Grandview Drive and Swift Street; scheduling of Public Hearing: Mr. Hafter noted the request for this ordinance comes from the Police Department. Residents of the area do not use this parking. The Police fear that it will become a safety hazard when the Park is in use. Mr. Audette felt the "no parking" area should extend about 1000 feet south of Swift Street. He also felt that eventually parking on Swift Street will have to be addressed. Mr. Flaherty moved to schedule a public hearing on the proposed Ordinance Prohibiting Parking on Either Side of Dorset Street between Grandview Drive and Swift Street for 1 May 1995. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Condos said it has been brought to his attention that there is a parking problem on East Terrace where it comes into Williston Rd. Mr. Hafter said that cars were ticketed there today and the problem is being addressed. 8. Second Required Public Hearing on Proposed Amendment to the City Charter regarding Appraisal Method for Undeveloped Commercial and Industrial Property: Mr. Hafter explained the proposed amendment citing it as an incentive to commercial growth. Taxes wouldn't increase on commercial and industrial property until a tenant was sited on the property. There would be no decreases in taxes, but the amendment delays the increase for improvements made to a property. No public comments were made. Mr. Flaherty moved to close the second public hearing. Mr. Condos seconded. Motion passed unanimously. 9. City Manager's Report on Approved Tax Late Payment Penalty Waivers for Current Fiscal Year: This item was presented for the Council's information. 10. Review Planning Commission Agenda for 18 April 1995, and Zoning Board Agenda for 24 April 1995: No issues were raised. 11. Review Minutes of 3 April 1995: Mr. Condos moved the Minutes of 3 April 1995 be approved as written. Mr. Flaherty seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement Orders were signed. As there was no further business to come before the Council, the meeting adjourned at 10:25 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.