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HomeMy WebLinkAboutMinutes - City Council - 10/02/1995CITY COUNCIL 2 OCTOBER 1995 The South Burlington City Council held a regular meeting on Monday, 2 October 1995, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; Michael Flaherty, James Condos, Robert Chittenden, David Maclaughlin Also Present: Charles Hafter, City Manager; Albert Audette, Street Dept; Margaret Picard, City Clerk/Treasurer; Stephen Stitzel, City Attorney; Jamie Bloom, Lou Bresee, Sean Cliche, Scott Gosher, Mark Fay, Carol & Steve Nedde. Executive Session: Mr. Condos moved the Council meet in Executive Session to discuss litigation. Mr. Flaherty seconded. Motion passed. Regular Session: 1. Comments and questions from the public not related to agenda items: No issues were raised. 2. Announcements & City Manager's Report: a. Mr. Hafter reminded members and public of the Fire Prevention Open House on Sunday, 8 October from 10 a.m. to 4 p.m. There will be a ceremony honoring the 25th anniversary of the Fire Dept. b. Mr. Hafter also advised of the Weather Service Open House on 12 October at 2 p.m. c. The following meetings are to be held: 1. 10/17 at 10 a.m., the Chamber of Commerce is hosting a meeting of all area managers regarding an area conference center. 2. 10/18, a mock City Council meeting will be held at the Middle School. 3. 10/19 the Rt. 7 Advisory Committee will meet. d. The 10/3 Planning Commission agenda includes discussion of the City Council's request for the Commission to review the amount of parkland on the Official City Map. e. Mr. Audette reported on road projects: 1. Spear Street was finished today and paving will be completed in 2 weeks. 2. On Shelburne Rd., the state will mill off at least 1/2 inch to eliminate ponding. The road will be redone next summer. f. Mr. Cimonetti reported that on Thursday, 5 October, from 7-9 p.m. there will be a meeting at City Hall for all municipal officers in the areas served by Regional Planning regarding the management report. Proposals deal with how the MPO management and Regional Planning might be combined or separated. Mr. Cimonetti noted this is a very hot topic. A consolidated opinion will be needed following the meeting. g. At last week's Planning Commission, there was discussion of development of "Technology Park." The Commission raised the question of the city accepting the loop road which is not built to city standards and asked that discussion take place at a Council meeting on this issue. h. Mr. Cimonetti noted receipt of a communication from a judge at Superior Court regarding a study committee on issues of county budget and accountability of county judges. The communication asked for discussion to take place and insights to be communicated. i. Mr. Maclaughlin noted that on 10/19 at 8 a.m. there will be a seminar in Framingham, Mass. on sexually regulated business. j. Mr. Maclaughlin also noted the VLCT meeting in Barre on Thursday. k. Mr. Cimonetti advised that preparation is under way for the city's annual report. He asked for input for the City Council page. 3. Public Hearing: Reading of Ordinance to Amend the City Ordinance for Care and Control of Dogs; Second Reading: Mr. Cimonetti reviewed the proposed changes which include: a) the requirement that excrement be removed b) the right to hold a hearing if complaints about an alleged vicious dog are received from residents of 3 different households c) language to bring the city's ordinance into conformance with the state ordinance. Mr. Cimonetti noted that the city has the authority to impound cats as well as dogs if they have bitten someone. Mr. Flaherty moved to waive reading of the proposed ordinance. Mr. Chittenden seconded. Motion passed unanimously. Jamie Bloom, Animal Control Officer for South Burlington, who helped write the ordinance, spoke in support of the amendments. She asked for one amendment which would change the counting of offenses to a 12-month rolling basis, not a 12-month calendar year. She noted that this is the system used in the impoundment process. The City Attorney said he did not feel this was a substantive change and it could be made tonight. Mr. Condos moved that Sections 13 and 14 of the Ordinance be changed so the counting of offenses would be on a rolling 12-month basis (instead of a calendar year basis). Mr. Flaherty seconded. Motion passed unanimously. Mr. Condos moved to approve the second reading of the Ordinance to Amend the City Ordinance for Care and Control of Dogs as amended and to adopt the Ordinance. Mr. Maclaughlin seconded. Motion passed unanimously. 4. Discussion with Recreation Path Committee on "Short Paths": Mr. Bresee said the Rec Path Committee was asked to look at smaller projects that could be handled within city budget constraints. He said the Committee is looking for input from the Council and from neighbors in the areas where such projects might be proposed. The committee has a list of about 8-10 potential projects which they will prioritize. Mr. Bresee said a short path could be only 10-15 feet, something not requiring a bond vote. He also noted that in some instances it may cost money to figure out the cost of a proposed project. If that becomes a problem, the Committee will ask for the Council's input. The Council agreed in concept with the process. 5. Consideration of Entertainment License for SBC, 1087 Williston Road (Live Entertainers, Male & Female Dancers, No Nudity): Mr. Cimonetti noted that this is a new application and not an amendment to the old application. He also stressed that the old permit has not been revoked. The applicant is asking for live entertainers, male and female, with no nudity. Mr. Cliche said he also wants what was granted under the old permit. Mr. Cimonetti noted this included stand-up comedians, juke box, patron dancing, from 6 p.m. to 2:30 a.m. Mr. Cimonetti asked where in the building entertainment would take place. Mr. Cliche said downstairs. The public is not allowed upstairs. Mr. Cimonetti asked about a fireman's pole in the building and whether entertainers come in that way. Mr. Cliche said they do sometimes and sometimes exit that way. Mr. Cimonetti asked if performers perform on a stage. Mr. Cliche said they perform on a larger stage and on smaller stages. The smaller stages are portable and up to 10 of these may be in use, depending on how many performers are working. There could be more than one performer working simultaneously. The large stage is about 9' x 14' and the smaller stages are about 2' by 2'. Mr. Cimonetti asked where customers are during the entertainment. Mr. Cliche said they surround the stages. A table goes all around the large stage which is elevated. Mr. Cimonetti asked if the smaller stage dancing is what called "table dancing." Mr. Cliche said it is. Mr. Cimonetti asked if there is any lap dancing. Mr. Cliche said there is not. He added that there is never body contact between patrons and dancers. Mr. Cimonetti asked Mr. Cliche what "no nudity" means to him. Mr. Cliche said it means from fully clothed down to pasties, what is legal in the city's ordinance. He added that they have come up with a solid color pastie which the police have said is OK. Mr. Cimonetti asked if there was any other part of the ordinance which Mr. Cliche felt was open to interpretation. Mr. Cliche said they haven't had any problem since the one incident, so he didn't anticipate any problem. Dancers have been asked to be sure certain parts of the body are covered. Mr. Maclaughlin noted he had heard the advertising campaign on the media which uses the term "adult entertainment." He asked what is meant by that. Mr. Cliche replied that it is something 18 year olds and up should be able to have. Dancing semi-nude, R-rated movies, Playboy Magazine, etc. It doesn't mean prostitution or touching. At Club Fantasy, "adult entertainment" means showing the human body in a tasteful manner. Mr. Maclaughlin asked if that meant in compliance with the city's ordinance. Mr. Cliche said yes. Mr. Flaherty asked if Mr. Cliche can say now that he will obey the city's ordinances. Mr. Cliche said he had learned a lot. He got some bad advice. He added that he felt he didn't get a fair hearing from the Council and people had told him he'd been "raked over the coals." Because of this he had taken a defensive attitude. He said he is trying to earn an honest living and asked the Council to give him another chance. Mr. Flaherty asked if Mr. Cliche intended to obey the laws. Mr. Cliche said yes. Mr. Cimonetti reminded Mr. Cliche that he said he had broken the ordinances to make money. Mr. Cliche replied that he had felt the city didn't have the right to regulate cabaret entertainment according to state law. He hadn't been sure what was right or wrong. Mr. Cimonetti said the Council had issued the first license with stipulations that all laws and ordinances be obeyed, and Mr. Cliche had violated the laws from the day he opened. Mr. Cliche's attorney said the laws had been broken in order for the club to make money. This, Mr. Cimonetti, said, has nothing to do with what was thought legal or not. He reminded Mr. Cliche that there have been at least 49 alleged violations. He asked how the city could be convinced the laws won't be violated now. Mr. Cliche replied that the courts have now upheld the city's authority to regulate entertainment. He added that originally he had tried to open without dancers, but customers walked in and then walked out. Mr. Cimonetti said he has to be convinced that Mr. Cliche won't violate the laws again. Mr. Cliche said he will do what is legal. He added there had been only one violation of the nudity ordinance and that is no longer an issue. Mr. Condos asked how Mr. Cliche could have been confused after getting the first few tickets. Mr. Cliche said they had applied for another permit but had been tabled a lot of times. Mr. Cimonetti said they application was tabled once. Mr. Hafter added that it was Mr. Cliche's attorney who asked that the item not be put back on an agenda. Mr. Cliche said he didn't know that. Mr. Condos noted that the present application doesn't contain a business address. Mr. Cliche gave an address of: 150 Dorset St., #322, South Burlington, 05407- 2010. The address of the club operator, Andrew Macdonald, is 150 Dorset St., #332, South Burlington, 05407-2010. Mr. Condos said that on the original permit Mr. Cliche had said their intent was to have live music and stand-up comedians in the club and that the club could have opened under those guidelines. Prior to opening, a letter was sent to Mr. Cliche's attorneys stating that live dancers were not allowed. Mr. Cliche had said there would be no live dancers. Then the club opened with live dancers. Mr. Cliche said if he'd gotten the permit he'd applied for he wouldn't have violated the laws. He said he'd been convinced he didn't need a permit for that type of entertainment. Mr. Cimonetti then asked for comments from the audience. The following statements were made: a. Scott Doscher said he believes this club is a seed that will grow in a way that will bring more of this kind of activity to the city. He felt it brings out the worst in people including drugs and prostitution. He appealed to the Council to establish a community and keep it a community. b. Mark Fay asked the Council to set an example for Vermont and America. He said the dancers don't see what the do as evil, but it is evil and leads to destruction. c. Madelaine Thompson said they only dance suggestively. There is no lap dancing. She said Vermont allows freedom to search out any kind of entertainment. She suggested an agreement with individual dancers as independent contractors and said they would be willing to sign such an agreement. She felt they have more enforcement of drinking laws and a more responsible environment. She acknowledged that Mr. Cliche messed up, but said a lot of lives are at stake and asked the Council to keep an open mind. d. Another dancer at the club said they are not doing anything dirty and that as long as they understand what is allowed, they will obey. She asked for another chance. Mr. Cliche said America gives people the right to their own beliefs. He said people who don't like the club don't have to go there. He said he has had no problems since he opened. He felt people should have the right to attend. He said as long as he gets a permit, he won't have to challenge it in court. He felt he had done a good job running his club. Mr. Cimonetti noted the way the ordinance is written and enacted, it there is a violation both the owner and performer are ticketed. He then stressed that freedom of choice does not extend to what laws we choose to obey. He noted that when the Council has issued permits in the past, there have sometimes been stipulations associated with them. If this permit is granted, it will probably have stipulations. He asked if there were a stipulation for "no touching" of the dancers, would that be acceptable and how would it be enforced. Mr. Cliche said if a person touches a dancer, that person is not allowed back in the club. It is a house rule and they've had no problem with it. Mr. Cimonetti asked how close patrons are to entertainers. Mr. Cliche said close, averaging a couple of feet but as close as a few inches. Mr. Cimonetti asked if customers can give tips to dancers. Mr. Cliche said yes, they can put tips on stage or in a garter. Mr. Cimonetti asked how that can be done without touching the dancer. Mr. Cliche said the dancer would hold the garter open. Mr. Maclaughlin suggested a stipulation that each performer sign a statement indicating they understand the terms of the nudity ordinance. He also asked that dancers use their real names not the "Jane Doe" that have been used on violations. Mr. Cliche said he had no problem with that. He said the aliases had been used because of attorney's advice. Mr. Condos asked if Mr. Cliche felt a community has the right to regulate the kind of entertainment it wants. Mr. Cliche said if they ban it all. But, he said, R-rated movies are allowed, so he should be allowed too. Mr. Cliche also noted his license has been suspended for 45 days. He asked that this be reduced to 10 days. Mr. Cimonetti said that needs to be brought to the Liquor Control Board. Mr. Cimonetti recommended the Council issue its findings in writing. Mr. Condos agreed. Mr. Maclaughlin said he was encouraged by the applicant's change in attitude, but also felt stipulations need to be deliberated. 6. Review and Comment on Vermont League of Cities and Towns "Fair Tax" Reform Plan: Mr. Hafter gave members proposals of various tax plans. He said the League plan is a compromise position in which certain taxes would be increased. Local towns could add a 1% sales tax and a 1% rooms and meals tax. There has also been talk of a local option income tax. In return, the school would pay for the cost of the teachers pension plan. South Burlington would get $140,000 more in state aid but would still have a net loss of $730,000 which could be offset by local option taxes. There would be a 7 1/3% decrease in property taxes which Mr. Hafter did not feel was a great benefit due to the addition of two new taxes. He felt the major problem was the lack of cost controls. Mr. Condos asked if any of the proposed plans are tied to per capita income of the communities. He noted that South Burlington is the 14th lowest of the 16 Chittenden County communities in per capita income even though they are considered a property rich town. He hoped this concern would be conveyed to the League. Mr. Hafter said he was concerned with using a local option income tax to replace the property tax. Mr. Cimonetti said that what is being talked about is a tax with another procedure to it. The plan would raise taxes, put in another tax collector and have no cost control. Mr. Maclaughlin said he was concerned with another increase in the rooms and meals tax. Mr. Flaherty said he was not opposed in principle to the communities having the authority to raise taxes. Mr. Hafter also briefly outlined the "Barre Plan" which would fully fund the renters rebate and base property taxes on an "ability to pay." It would also decouple the state income tax from the federal income tax and would include a limited property tax sharing proposal. Mr. Condos felt this would remove the incentive for a community to develop a commercial base. Mr. Nedde noted it is very costly for businesses to add another element to the sales tax. 7. Consideration of Approval of Acknowledgment of Bridge Inspection on Williston, TH6, Br 15 over Muddy Brook: Mr. Hafter reminded members that this bridge has had a replacement plan for 6 years but has continued to be delayed. Now, the bridge has been inspected and the state says there are problems. He asked members to sign that they have seen the report. Mr. Audette said maybe the answer is to shut down the bridge and if there are enough complaints, maybe the state would do something about it. Mr. Condos felt that if the Council signs the notice there should be a statement added that the state has delayed repairing the bridge. 8. Review Planning Agenda for 3 October 1995: Mr. Cimonetti noted the parkland issue is on this agenda. 9. Review Minutes of 11 September and 18 September 1995: Mr. Flaherty moved the Minutes of 11 September be approved as written. Mr. Maclaughlin seconded. Motion passed 3-0 with Messrs Condos and Chittenden abstaining. Mr. Condos noted that in the Minutes of 18 September, on p. 6, Rev. Tomlinson is from Richford, not Westford. On p. 7, 4th paragraph from the bottom, Mr. Condos noted that Mr. Cliche said he had 1000 signatures but did not give these to the Council. Mr. Condos moved to approve the Minutes of 18 September as amended. Mr. Flaherty seconded. Motion passed unanimously. 10. Sign Disbursement Orders: Disbursement orders were signed. 11. Liquor Control Board: Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. Mr. Chittenden stepped down from this hearing. Mr. Hafter presented a request for a cabaret license from Cactus Pete's. He said the necessary changes have been made and the license is in order. Mr. Flaherty moved to approve the cabaret license for Cactus Pete's as presented. Mr. Condos seconded. Motion passed unanimously. Executive Session: Mr. Condos moved the Board adjourn and reconvene as City Council in Executive Session to discuss litigation matters and to resume regular session only for the purpose of adjournment. Mr. Maclaughlin seconded. Motion passed unanimously. Regular Meeting The Council returned to regular session. It was announced that the Council would continue deliberations on the entertainment permit for Club Fantasy at an executive session at 9:00 P.M., October 5, 1995. Mr. Condos moved adjournment. Mr. Flaherty seconded. The motion passed unanimously. The meeting adjourned at 11:15 P.M. 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