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HomeMy WebLinkAboutMinutes - City Council - 05/22/1995CITY COUNCIL 22 May 1995 The South Burlington City Council held a meeting on Monday, 22 May 1995, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Robert Chittenden, David Maclaughlin, James Condos, Michael Flaherty Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Margaret Picard, City Clerk/Treasurer; Wallace Possich, Fire Chief; Lee Graham, Police Chief; Stepehen Stitzel, City Attorney; Albert Audette, Street Dept; G. Barone, A. Leupp, A. Frank, M & P. Newhouse, R. Robestow, Mr. & Mrs. W. LeMay, C. Frau, G. Straus, L. Holcomb, A. Strashnick, C. Bourgeau, S. & R. Gravel, J. Slick, K. Dehullo, S. Lane, A. Ginsbirg, S. Zane, J. Haire, G. Sporzynski, C & S Nedde, D. & N. Juaire, R. & A. Harrison, K. Masse, C. Maille, L. & K. Wrigley, M & P. Davis, V. Padgett, P. Davis, D. Purcell, S & T Sissel, M. Fay, G. Chamberland, J. Dinklage, D. Delaney, A. Macdonald, B. Housner, S. Els, V & C. Desso, S. & F. Way, S. Kutner, S. Smith, J. Alberts, D & T Dion, D. King, A. Carter, L. Loiselle, P. Harrington, P. Courtney, P. Garrett, B & B. Rsinford, F. Blais, D. Johnson, M. O'Brien, L. Llewellyn Executive Session: Mr. Condos moved the Council meet in Executive Session to discuss litigation. Mr. Flaherty seconded. Motion passed unanimously. Organizational Meeting: The City Manager presided over the Organizational Meeting. 1. Administer Oath of Office: The City Clerk administered the Oath of Office to re-elected Council members James Condos and William Cimonetti. 2. Election of Officers: The floor was opened for nominations for Chair. Mr. Condos nominated Mr. Cimonetti. There were no further nominations. Mr. Maclaughlin moved that nominations be closed. Mr. Cimonetti was elected unanimously. Mr. Flaherty nominated Mr. Condos for Vice Chair. There were no further nominations. Mr. Maclaughlin moved that nominations be closed. Mr. Condos was elected unanimously. Mr. Chittenden nominated Mr. Maclaughlin for Clerk. There were no further nominations and Mr. Maclaughlin was elected unanimously. Mr. Cimonetti presided over the rest of the meeting. 3. Set time and place for regular meetings: Mr. Condos moved the Council meet on the first and third Mondays of the Month at 7:30 p.m., in the City Hall Conference Room. Mr. Flaherty seconded. Motion passed unanimously. 4. Annual Appointments to be made by Majority Vote by Council Pursuant to City Charter Chapter 3, Section 301(2): Mr. Cimonetti read the list of positions to be appointed as follows: City Treasurer/Trustee of Public Funds (incumbent Margaret Picard); City Attorney (incumbents: firm of Stitzel & Page); Zoning Administrator (incumbent Richard Ward); First Constable (incumbent Don Duell); Second Constable (Incumbent Joseph "Ernie" Lemay); Grand Juror (incumbent Charles Hafter); City Agent (incumbent Charles Hafter); City Auditor (incumbent: firm of Sullivan & Powers). All have indicated a willingness to continue to serve in these positions. Mr. Chittenden moved that incumbents be reappointed to the positions as read by the Chair. Mr. Flaherty seconded. Motion passed unanimously. 5. Information on appointments to be made by City Council in June: Mr. Hafter gave members the list of positions on boards, commissions and committees that will be open this year. Special Meeting: 6. Consideration of First Reading of Amendment of South Burlington Ordinance Regarding Licensure & Regulation of Circuses, Carnivals & Other Shows; Schedule Public Hearing: Mr. Cimonetti explained the process for passage of the amendment. He asked the City Attorney to read the proposed language. Mr. Stitzel read the proposed amendment. Mr. Condos moved the Council approve the first reading of the proposed amendment of the South Burlington Ordinance Regarding Licensure & Regulation of Circuses, Carnivals and Other Shows and to set a second reading and public hearing on 5 June 1995. Mr. Flaherty seconded. Motion passed unanimously. 7. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Flaherty seconded. Motion passed unanimously. Mr. Chittenden stepped down as operator of a business that holds a liquor license. a. Request from S.B.C. Enterprises, Inc, dba Club Fantasy for reconsideration of approval of liquor license: Mr. Cimonetti asked the applicant what is new or different so that the Board should reconsider the application. Mr. Anderson, representing the applicant, said they have complied with requirements for closing the curb cut and overflow parking. He noted their previous request was combined with an entertainment permit. This request does not include an entertainment permit. Mr. Maclaughlin moved the Board reconsider the liquor license request of S.B.C. Enterprises, Inc, (Club Fantasy). Mr. Flaherty seconded. Motion passed unanimously. Mr. Cimonetti noted that 2 supplemental statement had been attached to the original request. He asked if the applicant wanted these statements to be attached to this request. Mr. Anderson said they did. Mr. Maclaughlin raised the question of previously missing account numbers and asked if they have been obtained. Mr. Hafter said he now has the numbers for both the Rooms & Meals license and the Federal ID number. Mr. Cimonetti said he has a problem understanding the totality of this corporation. He asked if there are any other investors beside Mr. Cliche. Mr. Cliche said he owns 100% of the stock and there are no other investors. Michele White is secretary of the corporation. Mr. Condos asked the size of the building. Mr. Cliche said it is different from what appears on the application. Mr. Anderson said the total square footage is 3265 sq. ft. which includes the second floor. The floor was then opened for public comment. The following comments were made by members of the public: 1. Al Frank: Mr. Frank asked that the application be denied as the Club would "affect municipal facilities" by requiring additional money be spent for policing. 2. Annie Leupp: Ms. Leupp was concerned with people who have been drinking entering the intersection which is very dangerous to enter even when sober. She cited recent problems at Bambino's and the need for additional use of public services. She was also concerned that the club is so close to the pedestrian oriented City Center. 3. Lee Wrigley: Mr. Wrigley asked the application be denied as the applicant is suing the city. 4. Pamela Davis: Ms. Davis opposed granting the license as it adds nothing beneficial to the city. She noted with a cabaret license very little food is served and she felt there are enough establishments that offer drinking. She also cited recent problems with Bambino's. 5. Gayle Barone: Ms. Barone questioned whether both floors would be licensed for liquor noting the applicant told the Planning Commission the second floor would be only for storage of personal belongings and office use. She also did not want to see another Bambino's situation. 6. Sandra Sissel: Ms. Sissel said she knows what liquor does to a family and to a community. She said she was sick and tired of seeing people's lives ruined in the name of the almighty dollar. 7. Jim Hair: Mr. Hair noted three people had been killed coming out of Joe Barry's just up the road from this location. He also noted there have been 125 complaints requiring police action at Bambino's. He asked the application be denied. 8. John Dinklage: Mr. Dinklage asked what the two supporting documents to the application consist of. Mr. Cimonette summarized the documents. Mr. Anderson then asked that the 2 documents not be attached to this license request. Mr. Cimonetti asked if the applicant will obey all laws of the city and state. Mr. Cliche said they would. Mr. Cimonetti asked if this includes the recently passed ordinance on public nudity. Mr. Anderson noted this is being challenged in Court but they would obey it if it is upheld by the court. Mr. Maclaughlin said the applicant is sending a signal to other businesses in the city regarding obeying of laws. He felt this put into question the applicant's good faith and expressed his own frustration at the applicant's dodging of questions. He said he was getting the impression that the applicant was not going to obey city ordinances. Mr. Condos asked if the applicant was going to follow the laws between now and the Court hearing. Mr. Cliche said he was. Mr. Cimonetti noted the application is for a cabaret license. This is for liquor and entertainment, not food. He said the problem is the applicant is not applying for entertainment but is applying for a license that requires entertainment. Mr. Palmisano said the applicant will not open until they get an entertainment permit. They will get this at another time. Mr. Cimonetti said he would like to find out if a cabaret license can be issued when there is no entertainment permit. He asked if entertainment will be provided when Club Fantasy opens. Mr. Palmisano said it would. Mr. Cimonetti asked if they would apply for an entertainment permit. Mr. Palmisano said they would. Mr. Cimonetti said he needed to establish the willingness of the applicant to comply with conditions that might be attached to the liquor license. He asked if they would accept conditions that required added security in the parking lot. Mr. Cliche said he had no problem with that and he had planned to provide it. There would also be at least 3 security persons inside. There would be no drinking or disorderliness allowed in the parking lot and its lot would be patrolled. Mr. Cimonetti asked if they would put signs in the parking lot putting patrons on notice as to what conduct is acceptable. Mr. Cliche said that was OK. He would also have the DJ make announcements about patron conduct. Mr. Cimonetti asked if they would bar violators from the club and issue formal notices of trespass Mr. Cliche said they plan to do that. Mr. Cimonetti asked if they plan to attract patrons under 21 as Bambino's does. Mr. Cliche said they do not. He added that they have, in their other club, had alcohol free nights for underage patrons, but they would never have anyone in the club under 21 when alcohol was being served. Mr. Cimonetti asked about noise control so that no noise is heard in the nearby motel. Mr. Cliche had no problem with that. Mr. Cimonetti said they would be required to see that no electric amplification sounds are heard at the motel. Mr. Cliche said he had no problem with that. Mr. Condos felt they should not open until 6 p.m. because of traffic considerations. Mr. Cliche said he preferred to open at 5:30 and didn't feel there would be a lot of use at that time. Mr. Condos said traffic on Williston Rd. is still backed up at 5:30. Mr. Palmisano said they could live with 6:00 p.m. Mr. Cimonetti asked if the applicant will comply with city and state laws. Mr. Anderson said of course they would. Mr. Cimonetti asked if they would comply with stipulations if they were not in an ordinance. Mr. Cliche said if the stipulations were an order he would comply, otherwise not. Mr. Anderson said he felt these issues were more relevant for the entertainment permit. Mr. Cimonetti responded that in South Burlington these considerations are made conditions of the liquor license. Mr. Condos noted they are approved for a maximum of 150 people. Mr. Cliche said they would prefer 170. Mr. Anderson said they have approval for 150 and that's OK for now. Mr. Condos asked if they intend to serve liquor only on the first floor. Mr. Anderson said yes. Mr. Cimonetti asked if they have met all Zoning and Planning requirements. Mr. Cliche said they are waiting for special signs and they also need to have sprinklers for the storage space on the second floor. The parking lot will be striped this week or next. Mr. Condos asked if they would accept a stipulation that they don't open until they have a valid entertainment permit. Mr. Cliche said he would have to. Members then asked to recess to consult with the City Attorney in Executive Session. Mr. Flaherty moved that the Board recess into executive session to discuss this liquor license and its impact with the City Attorney. Mr. Condos seconded. Motion passed unanimously. When the regular session resumed. Mr. Cimonetti stressed that the Board had considered only the liquor license, not any entertainment permit. Mr. Flaherty then moved the Board approve the liquor license for Club Fantasy with the following conditions: Whereas, an application has been made by SBC Enterprises, Inc. ("Licensee" herein) for a first class liquor license for Club Fantasy (the "Club" herein) located at 1087 Williston Road in the City of South Burlington; NOW THEREFORE, the Liquor Control Commissioners of the City of South Burlington hereby grant approval of said liquor license subject to the following conditions: 1. DURATION OF PERMIT: The approval granted shall expire at midnight on April 30, 1996, unless sooner revoked in the manner authorized by law. A public review of compliance with these conditions will be conducted by the Liquor Control Commissioners in the month of September, 1995. II: CONTROL OF PARKING LOT AREA: 1. Licensee shall provide for security of the parking lot consisting, at a minimum, of two security persons monitoring the parking lot continuously from 9:00 p.m. to 3:00 a.m., or until the last patron has departed the parking lot, on Friday and Saturday nights, and on additional nights as directed by the Liquor Control Commissioners. Parking lot security may be provided by a private security company. 2. There will be no drinking, loitering, or disorderly acts allowed within the parking area. In addition, on the off nights that independent security is not employed, Licensee's security staff will patrol the parking lot at least at half-hour intervals. 3. Signs complying with the South Burlington Sign Ordinance, shall be posted in the parking lot, putting patrons on notice that prohibited conduct will not be tolerated in the parking lot. 4. Hourly announcements shall be made in the Club of the types of conduct which will not be tolerated in the Club and parking areas, and putting the patrons on notice of the serious repercussions of disorderly acts, such as individuals being barred from the Club, and the possibility of the Club being forced to close. 5. Patrons found to have violated the above rules will be issued a Notice of Trespass and be barred from the Club. III. IMPAIRED PATRONS: Licensee shall strictly comply with all state and local laws and regulations regarding the serving of alcoholic beverages, including, without limitation, those that prohibit serving persons under twenty-one years of age and impaired persons. IV: COMPLIANCE WITH LAWS: Licensee shall, at all times, comply with all applicable federal and state laws and ordinances of the City of South Burlington, including without limitation, the City's Zoning Ordinance and the Public Indecency Ordinance. V: NOISE CONTROL: 1. No vibration emanating from the premises shall be discernible from any portion of the adjoining motel property. 2. No electronically amplified sound emanating from the premises shall be audible from any portion of the adjoining motel property. VI: OPENING TO PUBLIC: 1. Licensee shall not open the premises to the public on any day before 6:00 p.m. 2. Licensee shall not open the premises to the public without an entertainment license issued by the City of South Burlington. 3. Licensee shall not allow patrons under 21 years of age in the licensed premises. 4. Licensee shall limit sale and/or consumption of liquor to the first floor of the licensed premises. 5. Licensee shall limit occupancy of the licensed premises to 150 patrons. VII: MAINTENANCE OF PROPERTY: Licensee shall maintain the premises in a clean and unlittered state. The exterior of the building and parking areas shall be inspected on a daily basis to remove litter, trash and debris. VIII: MONITORING AND COMPLIANCE: 1. The Liquor Control Commissioners shall have the right to engage the services of qualified personnel to monitor the operation of the Club to insure compliance with the conditions of this approval and with applicable federal and state laws and local ordinances. 2. Licensee shall strictly comply with all terms and conditions of this License. Any violation by the Licensee of the conditions of this License, or of applicable federal or state laws or City ordinances, shall constitute sufficient grounds for revocation of this License. Mr. Condos seconded the motion. Mr. Maclaughlin said the City Council has acted in the best interest of the community and state and in the interests of taxpayers and business. He hoped in the future the City Council would be spared the indignity of the run-around it has gotten in this matter. In the vote that followed, the motion passed unanimously. Mr. Cimonetti said it is not the position of the Liquor Control Board to deny liquor licenses and cabarets. It is clearly the intent of the Board that it will control by ordinance the kind of entertainment provided in the city. He said city ordinances have the force of law and will be enforced. He said it is the intent of the City Council that all entertainment will be licensed and no entertainment will be provided without license. As there was no further business to come before the Board, Mr. Flaherty moved for adjournment. Mr. Condos seconded. The meeting adjourned at 10:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.