Loading...
HomeMy WebLinkAboutMinutes - City Council - 04/26/1995CITY COUNCIL 26 April 1995 The South Burlington City Council held a meeting on Wednesday, 26 April 1995, at 6:30 p.m., in the Cafeteria, Frederick Tuttle Middle School, Dorset St. Members Present: William Cimonetti, Chairman; David Maclaughlin, James Condos, Michael Flaherty, Robert Chittenden Also Present: Charles Hafter, City Manager; Stephen Stitzel, City Attorney; Margaret Picard, City Clerk/Treasurer; G & A Clark; G. Barone, Annie Leupp, P. Laforce, R. Hest, M Waite, S. Cliche, R. Anderson, L. Vaughn, A. Ginsburg, S. Greer, N. & J. McGovern, Mr. & Mrs. W. LeMay, A. Pugh, O. Nabrosky, J & M Pelletier, S & D Loyer, J. Vanentovic, M. Sutkoski, B. Bouvier, J. Wilkins, C & S Nedde, R & A Harrison, C. King, A. Leo, M. Fay, G. Stearns, C & J Mayercak, C, J, & W Simindinger, K & M Sarvak, F. Morse, D. Streeter, A. Browe, D. Framer, S & T Sissel, S & P Rieley, P & A Crevier, S. Geno, T. Flemming, M. Zagursky, C & V Desso, A. Stromerson, F. MacIntyre, D Green, B & L Gerlock, J. Haire, P. Benjamin, C. Condos, C. Spannbauer, S. Boucher, C. Teese, L Boyajian, L & R Walbach, G. Cenci, G. Farrell, J & K Wrigley, J. Luby, J. & S Lane, L & L Blaine, M. Skinner, R. Densmore, R. Furnari, A. Macdonald, S. Sanfacon, J. Bador, S. Cliche, A. Roberts, P & W McCreedy, J. Ewing, S. Zeno, B. Russ, D. Williams, S. & L Martell, L. Field, A. W. Miller, F. Derwale, S & D Els, H. Trahan, S. Ringey, C. Maille, C. Provost, J. O'Farrell, H. Kemp, L. Previti, P. McKenzie, D. Beaunejo, A & S Mott, N. Rorris, D. Hamlin, K. Baillargeon, R. Thorngren, K. Flynn, C. Murphy, G. Brainard, D. Labrecque, G. Martin, M. Ward, F. Mazur, J. Zajorsky 1. Executive Session: Mr. Condos moved the Council meet in Executive Session to discuss potential litigation. Mr. Flaherty seconded. Motion passed unanimously. Regular Session: 1. Public Hearing on South Burlington Public Indecency Ordinance; Consideration of Second Reading (Adoption) of Same: Mr. Cimonetti read the proposed Ordinance noting there had been a minor change in wording since the first reading. Mr. Stitzel then outlined the major points about the Ordinance. The Ordinance is a civil ordinance and violations would be civil offenses not criminal. There would be no possibility of imprisonment. The Ordinance prohibits certain conduct in public places and applies only to conduct which occurs in person. It would not apply to the showing of films, pictures, statues, etc. It also applies to conduct which is done intentionally and knowingly, not accidentally. In terms of enforcement, Mr. Stitzel said the city can get an injunction from the court prohibiting the continuation of the regulated activity should it continue. Mr. Cimonetti then invited comments from the public, and the following comments were offered: a. Mark Fay: Mr. Fay said Club Fantasy is a "bad seeding waiting to produce a bad crop." He favored the Ordinance. b. Joyce Pelletier supported the Ordinance as a concerned mother. She felt the activity proposed at the Club was offensive to both men and women and that its negative results would be seen in children. She asked the Council to take a stand against the club. c. Morris Pelletier: Mr. Pelletier favored the Ordinance and cited court decisions supporting family values which can be exploited by crass representation of sex. He felt the Council should not allow such a strong negative influence in the City. d. Tom Sissal: Mr. Sissal felt this was a quality of life issue and hoped the Council would respect the overwhelming majority of citizens who don't want the diminished quality of life the Club Fantasy would bring to the community. e. Richard Thorngren said he would not patronize this establishment but felt they had a right to exist. He felt children were more in danger from what they see in the movies. f. Larry Gurlock: Mr. Gurlock congratulated the community for taking a stand against Club Fantasy. g. Jack Franks: Mr. Franks felt the city needed to consider the legal ramifications and thought that it could spend its money more wisely than in court. h. Jeff Menard: Mr. Menard felt the City Council should stand up to the mob. He felt people need the freedom to choose. He said the issue isn't nude dancing, it's freedom. He suggested a public vote. i. Kevin Baillargeon said South Burlington is a great city and noted that Mr. Cliche is not a member of the community. He wondered if people would be as much against Club Fantasy if it were proposed by someone established in the community. i. Laurie Vaughn: Ms. Vaughn said her child had been a victim of someone who had been to a place like Club Fantasy and didn't want to see what happened to him happen to someone else's child. j. Andrea Leo: Ms. Leo said Vermont is known for its wholesomeness and didn't want to see its streets filled with this "garbage." k. Charlie Desso: Mr. Desso cited a previous club like this in the city which had a very bad history. l. Dan Morse: Mr. Morse, a professional entertainer, said these clubs exist elsewhere and he would welcome it as a potential place to work. m. Goerge Donovan: Mr. Donovan questioned whether this could be a private club and be allowed to exist. He felt if it could, there should be a lot of security. n. Janice Wilkins: Ms. Wilkins said she always felt safe, secure and comfortable in her 40 years in S. Burlington. She felt that anything that can potentially add violence against women and children should be kept out of the community. Following public comments, Mr. Flaherty moved to close the public hearing. Mr. Condos seconded. Motion passed, unanimously. Mr. Cimonetti noted the Council had 4 options: it could approve, modify, disapprove or continue the hearing. Mr. Condos moved that the following Resolution be adopted by the City Council: WHEREAS the South Burlington City Council, as the legislative body for the City, is authorized to take those actions authorized by law to promote the public health, safety and welfare of the City; and WHEREAS, the City Council is specifically authorized by Section 104 of the South Burlington City Charter to regulate activities occurring on public property and on property which is open to the public in the City; and WHEREAS, the City is further authorized under 24 V.S.A. S2291 to regulate and abate activities deemed to constitute a public nuisance; and WHEREAS, the City Council has considered whether the occurrence of certain activities involving sexual conduct and appearance in a state of nudity as set forth in the proposed Public Indecency Ordinance attached hereto (which conduct is referred to as "regulated conduct" in this resolution) are detrimental to the public health, safety and welfare of the City and constitute a public nuisance when they occur on public property or on property which is open to the public; and WHEREAS, the City Council has considered the potential impact of the regulated conduct on the public health, safety and welfare of the City if such activities occur on public property or on property which is open to the public and WHEREAS, the City Council is aware that numerous communities and states have determined that the regulated conduct when engaged in on public property or property open to the public is detrimental to the public health, safety and welfare and constitutes a public nuisance; and WHEREAS, the United States Supreme Court in Barnes v. Glenn Theatre, Inc, 111 SCt. 2456 (1991) has ruled that prohibition of the regulated conduct in public places does not offend the United States Constitution; NOW THEREFORE, the South Burlington City Council hereby finds and declares that occurrence of the regulated conduct on public property and property open to the public in the City of South Burlington is detrimental to the health, safety and welfare of the City and constitutes a public nuisance; The City Council further declares that to protect and promote the public health, safety and welfare of the City and prevent the occurrence of a public nuisance associated with the regulated conduct, adoption of a Public Indecency Ordinance in the form attached hereto as Exhibit A is necessary and appropriate. Mr. Maclaughlin seconded the motion. Mr. Flaherty said he thought this was a reasonable and rational response by the City Council. He said that when the community feels threatened by something, the City Council should respond. The motion was passed unanimously. Mr. Maclaughlin then moved the City Council adopt the Public Indecency Ordinance as read by the Chairman at this public hearing. Mr. Chittenden seconded. In an individual roll call vote, the motion was passed unanimously and members signed the approved Ordinance. 2. Liquor Control Board: Mr. Chittenden moved the Council adjourn and reconvene as Liquor Control Board. Mr. Maclaughlin seconded. Motion passed unanimously. a. Consider Cabaret License and Entertainment Permit Applications from S.B.C. Enterprises, Inc, dba Club Fantasy: Mr. Chittenden said he would step down from these proceedings as his business is the holder of a liquor license. Mr. Anderson, attorney for applicant Sean Cliche, objected to this as the liquor license is not held in Robert Chittenden's name. Mr. Cimonetti said Mr. Chittenden is entitled to step down if he so chooses. Mr. Anderson said he felt the applications speak for themselves and should be granted as applied for. Mr. Cimonetti noted there had been a supplemental statement and asked the applicant to describe it. Mr. Anderson said this cites the applicant's fine reputation in other businesses and noted the applications are complete and are in accord with laws of the Vermont Dept. of Liquor Control. Mr. Anderson said he felt the applicant's ability to open his business and be successful has now been impaired. He asked that the supplemental statement be attached to the application. Mr. Cimonetti read the statement into the record. He then asked the applicant to further define dancing. Mr. Cliche said it includes all types of dancing including nude dancing. Mr. Cimonetti said the applicant has said he would comply with all laws and ordinances. There would seem to be a conflict. He asked if the applicant would comply with the Ordinance just passed by the City Council. Mr. Anderson said the applicant chose not to answer that question. Mr. Cimonetti then read a second supplemental statement dated 26 April 1995. Mr. Anderson said the applicant would comply to the extent that the Ordinance is found to be valid by the courts. Mr. Cliche said he has had no problems in the past and didn't anticipate any in this club. He felt he could take care of anything that might arise. Mr. Cimonetti noted there are two types of entertainment permits, an annual permit and a special event permit. He asked if the applicant chose to apply for an annual permit only. Mr. Anderson said yes, and they were not requesting a special entertainment permit. Mr. Maclaughlin asked what makes Mr. Cliche's club immune to problems other clubs have. Mr. Cliche said they have a full security staff and have never had a problem when there has been nude dancing in other clubs. Mr. Maclaughlin asked Mr. Cliche to describe the security. Mr. Cliche said all staff attends a Liquor Board meeting. They ask people who have too much to drink to leave and can escort them out. Mr. Anderson said they would be willing to accept reasonable conditions regarding security. Mr. Condos raised the issue of parking. He asked what remedy they have for overflow parking, especially protection of neighbors' parking rights. He asked if they have an agreement with neighbors for overflow parking. Mr. Cliche said they have not. Mr. Condos cited the Planning minutes of 4 April in which the applicant said they had such an agreement with Greers. Mr. Anderson said they would work to get such an agreement. Mr. Condos asked if all conditions of the site plan have been fulfilled. He noted there are still 2 curb cuts and the applicant is supposed to have closed one of them. He said the curb cut issue is a major one and it must be closed before any business is done at the club. Mr. Anderson said it would be closed prior to opening. Mr. Condos noted a letter from the Deputy in Montpelier and asked why no letter of recommendation was gotten from Barre Police where the business in located. Mr. Cliche said their upper management won't allow such letters. Mr. Condos asked if it was the applicant's intent to have nude dancing prior to a court resolving of this issue. Mr. Anderson said they would comply until they have obtained an injunction. Mr. Cimonetti noted the applicant had indicated only himself as members of the corporation. Mr. Anderson said Mr. Cliche is the sole share-holder of the corporation. Mr. Cliche said there are no partners. He is the only director. Mr. Cimonetti noted a corporate ID # is needed. He asked if the applicant has gotten a food license. Mr. Anderson said they are waiting for it. Mr. Condos asked what has been spent in renovations. Mr. Cliche said over $100,000, about $50,000 of which has been for materials. Mr. Cimonetti asked the City Manager if all stipulations and conditions of a liquor/entertainment permit have been met. Mr. Hafter said no. The curb cut is not closed. Landscaping has not been done and some site work hasn't been done. The building has passed fire and police background checks and owes no taxes. He said they would have to meet all zoning and site plan conditions before they would be given an occupancy permit. Mr. Cimonetti then invited public comment: a. Sam Kutner read a statement asking the Board to "do us no harm." He said the only jobs created by the club would be for police, prison guards, and medical people. He cited problems of alcohol and sex and noted that a recently executed killer cited pornography as the start of his criminal career. He felt the Board should listen to the victims of such crimes. b. Annie Leupp read a statement in which she said the owner of Club Fantasy has never revealed his full intentions and that if he had done so the Zoning Board would have been able to fully assess the application under "character of the neighborhood" criteria. She said this is a family neighborhood and noted that MacDonalds, Al's, Burger King, family hotels, the Mall, and tourist oriented shops are nearby. There is also an elementary school 200 yards away. Club Fantasy is the total antithesis of the neighborhood. She felt the owner was trying to take advantage of South Burlington and ignore the wishes of its people and that it was the people who would suffer the consequences. She felt the application should be re-heard by the Zoning Board. c. Gayle Barone: Ms. Barone noted that other businesses in the area don't want this club and cited a sign on Holiday Inn which reads "our Fantasy is no Fantasy." d. Chris Spannbauer said he didn't want his kids to grow up with this business in the community. He asked the Board not to let the lawyers decide the issue. e. Carol Nedde thanked the Board for all they are doing under tremendous pressure. She felt the only ones who would profit from this were the attorneys and that much would be lost on both sides. She asked that other solutions be sought. f. Walter McCreedy: Mr. McCreedy said he saw no guarantees that laws would be adhered to. He said the Ordinance has been passed and the application should now be turned down. g. Charlie Desso expressed concern for surrounding businesses whose parking would be affected by overflow from Club Fantasy. He was concerned with who would take over when unruly customers get off the premises and who would monitor illegal parking and at what cost to the community. He commended the Board's work in this issue. i. Kevin Baillargeon was concerned with moral values and with declining property values because of the Club. Mr. Anderson said the applicant has submitted an annual entertainment permit request. It is the applicant's position that all forms of entertainment listed on the application are valid under statutes of the State of Vermont. He said that if the Board or the Ordinance prohibits any form of entertainment, the applicant might consider litigation. He asked that his letter of 26 April be read into the record. The Chair read the letter. The Board then took a brief recess to consult with the City Attorney. Following the recess, Mr. Flaherty moved the Board approve the liquor and license and entertainment permit as requested. Mr. Maclaughlin seconded for discussion purposes. Mr. Maclaughlin said that he has listened carefully to testimony and has also considered the petitions received by the Board. He still had questions on the application. He said there is now an Ordinance in place and an effort has been made by the applicant to provide supplemental information including a statement that they will abide by laws and ordinances. Yet, Mr. Maclaughlin said, he still had the feeling there would be a challenge to the laws and ordinance. He said there are omissions on the application that other applicants regularly provide. He said he would vote against. Mr. Flaherty said this is a difficult decision but he couldn't vote against it. He said that under the Ordinance they can't have nude dancing. He felt that to deny the application would put the city at risk, so he would unhappily vote yes. Mr. Condos said he had very real concerns. He echoed Mr. Maclaughlin's comments and also felt the application was incomplete. They are not ready for a Certificate of Occupancy as all conditions are not met. He said that as recently as 4 April, attorney Abare said there was an agreement for overflow parking and now the applicant says there is no such agreement. The Zoning Board feels it was misled, and Mr. Condos felt the application should go back to the Zoning Board. He said the liquor license is a privilege, not a right. He said he would vote no. Mr. Cimonetti said he found a substantial incompleteness to both applications and that there were incomplete and conflicting statements. He cited rule 47 which says the city "may grant a license...." and noted this means they do not have to do so. He felt there has to be adequate information for a license to be granted. Mr. Cimonetti said he had a personal concern with the applicant adhering to the laws and Ordinances and felt these laws and ordinances would be treated as an exercise for the courts. He said he would vote against. In a roll call vote, the motion was defeated 1-3. b. Consideration of Renewal Applications for First and Second Class Liquor Licenses: Mr. Hafter presented applications from: Applebees, Champlain Farms/Pecks, Dorset Street Beverage, Holiday Inn, J & L Sav More Variety, K & K Beverage and Wine, Pauline's Restaurant. He said all were in order. Mr. Flaherty moved to approve the above liquor license renewals as presented. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Flaherty moved the Board adjourn and reconvene as City Council. Mr. Maclaughlin seconded. Motion passed unanimously. Members agreed to review the Minutes of 17 April when they had more time to look them over. As there was no further business to come before the Council, the meeting adjourned at 10:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.