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HomeMy WebLinkAbout2005-07-26 Government Operations Committee Minutes � Government Operations Committee . , )uly 26, 2005 Minutes � Councilor Attendance: Greene, Gratwick, Hawes, Alien, Stone, Farrington � Staff Attendance: Farrar, Bates, Barrett, Winslow, Hamer Others: Brannn Brothers 1. Votin Ballot for 2006 Maine Municipal Association Executive � 9 Committee and Officers � Each year, member commurnties of the MMA have an opportunity to vote for association officers and executive committee members. A motion was � made and seconded to approve staff's recommendation to cast Bangor vote for the proposed slate of officers. A Council Order will be prepared for the August 8"' meeting. Barrett pointed out that the Council has an � opportunity each year to nominate a candidate of their choice. Gratwick encouraged that a Bangor candidate be nominated in the future. 2. Discussion Concerning Noise Related Issues and Potential � Courses of Action at Club Gemini, 190 Harlow Street At the last Council meetin an Ordinance was passed enacting certain � 9, loitering restrictions in the Upper Abbott Square parking lot and the Alter Lot. Proposed loitering restrictions were not imposed to the Haynes Court � parking lot but referred back to this meeting for discussion and review. Owners of Club Gemini were asked to prepare a course of action to � address the various issues and to develop a timeline for implementation for the committee's review. Patrick Brann and Matthew Brann addressed the committee. Patrick � distributed information. The Branns addressed two problems — one for the Court Street residents relating to the bass noise and the second for � residents of Franklin Street, which is loud noise from patrons outside smoking or waiting to get inside the club. For the Court Street residential problems, the Branns are proposing putting up a masonry wall, which will � eliminate a majority of the bass sound. For Franklin Place concerns, a smaller fenced- in smoking deck would be built and they would extend it to a tiki bar (a basic beach/Hawaiian theme) which will increase the Club's '� capacity and make the queue line shorter. Barrett said the building is right on its own property line so any exterior � work involved would be on City properry that is part of.the parking lot. � 1 � � � Barrett had checked with the City Engineer asking if anything could be done to recapture some of the parking spaces but it would depend upon � the actual (ayout. The proposal would eliminate 4-5 parking spaces. Winslow asked about the tiki bar and asked if the deck would have sides. Brann said it would be an enclosed deck with wooden fences. Winslow � suggested a height of 8 ft. or so. Brann originally had looked at cedar stockade fencing which is only 6 ft tall we are looking to fabricate their � own. There will be an "out only"gateway in the fencing. Stone asked how the City can be assured that this will take care of the noise problem, how will that keep individuals from loitering in the parking lot, and what � happens to the tiki bar in the winter months. Brann said the bar would be closed in winter months to casual seating but the smoking area will still be � open and accessible through the tiki area. He isn't sure it will solve the noise problem. He did encourage the original parking ban that had previously been introduced. Stone asked about the Club hiring an officer to be on site. Winslow said it had been discussed but negotiations have � not taken place and said that two officers would be required for such a detail. It has worked well at another Bangor establishment. He did � express concern about not being able to stafF it with regularity. Stone said that having a police officer presence would be acceptable. The alternative is that next year the Club may not receive an amusement � permit and felt it should be considered by the Branns. The Branns feel that police presence would be required on Friday and Saturday, which would estimate $40,000/year. There have been no serious incidents at � the Club. Brann said they would like to try other alternatives prior to spending $40,000 a year. In response to Stone, Winslow said the parking ban is for the upper Abbott Square lot and the Alter Lot. Haynes Court, � also known as lower Abbott Square, was not included as it would impact the Club's smokers until improvements are in place. Patrons are not �, congregating in the upper Abbott Square lot. The newly passed parking ban ordinance for these lots have been in efFect since )uly 16"' and the Department has not had to utilize the new ordinance. Other clubs do not � employ bouncers. Club Gemini has 4-6 bouncers each Friday and Saturday. Loitering is a problem but once modifications are in place the Branns support the loitering ban 100%. In response to D'Errico, the � Branns described the layout of the building and the proposed improvements. Allen asked about Sibley Court and further questions about the Branns' proposed wall. � Gratwick said the City is working with two issues: supporting the downtown being available for the youth population as well as supporting � downtown residents. He also spoke of the proposed wall. Winslow said the concrete would mitigate the noise level but not certain to what level of � 2 � , � satisfaction. The Benjamin's building holds a club that is in the basement � with masonry walls and a significant amount of earth. Gratwick strongly recommended that the Branns seek professional assistance of an � acoustical engineer prior to spending large amounts of money for a wall that might not take care of the problem. Allen questioned the location of the bar bordering the stream and the feedback from across the stream, Court Street Hill. Hawes asked if a certain part of the lower parking lot � could be blocked off for smoking purposes until the improvements are in place. Barrett responded yes if there was an agreement between the City � and the Branns. Hawes said she would like to hear from the residents regarding the sound level during the past 4-5 weeks. Stone asked about lighting behind the Club. Brann said the lot is very well lighted. The City � did add a floodlight. The side alley is not. Winslow talked about the planned deck adjacent to a tiki bar and he assumes that alcohol will be � allowed on the deck. The potential problem is that it will encourage patrons to remain outside a longer period of time. The tiki bar will address the problems of longer queue lines as it will allow a higher � occupancy limit. Responding to Greene, Brann said they reach peak capacity on Fridays and Saturdays. Gratwick said the space behind the building will be needed by the Club and it will be leased from the City. So � basically he feels the City will be leasing land for the Club to expand which will allow more patrons outside and he isn't totally convinced about the envisioned soundproofing qualities. Brann said there would be fewer � patrons outside at one time. The tiki bar will be soundproofed with no music. If patrons do go outside, the police will move them along. Allen questioned the use of the lower Abbott Square lot during the day. Barrett � indicated it is part of the City's permitted parking area. Allen asked the - distance between the building and the stream, which is approximately 100-120 ft. The only border is a tree line, a good visual buffer but does � not provide a sound buffer. Greene asked for comments from downtown residents. � Dr. Kimberly McEwen and Edward McEwen. Dr. McEwen said she loses three hours of sleep three nights a week. She calculates that she is owed � $11,520/year at $80/hour. Sleep has become a luxury for her. The tiki bar and the concept of walls would not be acceptable. They live on the back corner of Franklin Street with their bedroom facing the Club. A tiki bar will bring more people, more volume, and more noise. Due to alcohol consumption, the patrons do not feel the cold in the winter months so the � noise continues all year round with lewd and obnoxious behavior. The Abbott parking lot needs to be closed with an entrance and exit at both upper and lower. Patrons remain after the Club closes. At the last � meeting, it was stated the Police Department needs a certain number of � 3 � � � calls for one establishment. McEwen said that number has not been quantified. She asked the Committee to consider how they would react to � the same situation and felt it would not be tolerated. Mr. McEwen said the issue is not just Gemini but the main issue is the parking lot as it is a congregate place for patrons from the club at Benjamin's as well. The . � parking lot is not enforced. Af�er patrons are moved along by the law enforcement, they end up coming back to the lot again. The Club owners need to control their patrons. Patrons come to the parking lot to start drinking prior to the Club opening. Daytime hours are fine. It's the nighttime hours and he suggested the parking lots (upper and lower) be closed at night. � Allen said she full understands. She asked about the cruisin ordinance Y g in light of patrons leaving the parking lot, driving around the block and ,� then returning to congregate. Winslow said the cruising ordinance does not extend to Harlow Street. He doesn't believe that is the issue at this � particular lot, with the exception of some motorcyclists. The cruising situation was more along Main Street and in front of City Hall. � Winslow clarified that at a recent meeting he indicated that when he ran the numbers there were 63 complaints, most generated by the police officers themselves or Club Gemini. There were not a substantial amount � of calls coming from Franklin Place or Court Street. If the Council were to consider revoking a special amusement permit, those numbers would need to be much higher. There is not a magic number that the Police �' Department is seeking. In speaking with Connie Russell, a Franklin Place resident, she told Winslow there is reluctance on the part of residents to call the police department as they didn't want to get involved. He did � urge her to have residents call. There have been three noise complaints since]uly 15, four reporting disturbances with two of those from Club Gemini. Regarding Mr. McEwen's comments that the police department � is understaffed, Winslow said he doesn't have the manpower to place an officer in the parking lot. If necessary, the department can obtain I resources from the surrounding area to deal with an issue. The department does not walk away from a problem. Regarding disorderly conduct law, the police department is obligated by State Statute to � provide a warning prior to taking legal action for arrest or summons. A number of police actions have taken place in that lot. Mr. McEwen said he has never observed a drug or alcohol test perFormed in that lot. Many � patrons drive out of the lot under the influence. Winslow said if the officer sees an issue that ofFicer would encourage the individual not to get into a vehicle and average 30 OUI's arrests per month. Dr. McEwen said �, the problem is"if the officer sees"a situation. She said she doesn't call the department. She has observed an officer drive around the parking lot � 4 � � and leave, and the noise does not decrease. It continues. What is the � point to call? Patrons are not afraid of the officers' presence. Mr. McEwen said he would be arrested if he was making noise outside of an � individual's home and he didn't move along. Winslow said he was surprised as the feedback he has received from the Court Street and many Franklin Place residents indicate that the Bangor Police Department has � been responsive. He understands that when officers are on site that the noise significantly diminishes. If an officer sees a disorderly situation, they should be taking action. The area under discussion is a zero-tolerance � area. If a resident sees a situation whereby an officer circles the lot without action, Winslow encouraged a call to the CO on duty at the Police Department. � Stone asked Connie Russell if she is awakened at night due to the noise. � Russell said she is on Friday and Saturday nights. If the Club closed earlier, it would be of assistance. It now closes at 2 am. She said it is mainly when patrons are leaving at 1:30 to 2 am. Stone said there are � residents who have purchased condos and then business owners who have purchased the club. He asked Barrett for his opinion. Barrett said what has been proposed will help but will not resolve the situation. He � felt the only way to resolve it would be to complete all the suggested improvements and to insure two officers on site each night in the parking lot to insure that patrons left the Club and then left the site. Russell said � that contrary to the McEwen's she has seen patrol cars in the lot and knows they are doing their job. She thinks their presence abates the noise level. � Another Franklin Place resident spoke. She said that over the last two � weekends she observed two officers on bicycles and two in vehicles. When they are present, it does abate but there are still patrons around the doorway creating noise. When you have 20-30 individuals together � with normal conversation, it accumulates. As a taxpayer, she doesn't think it is feasible to think that Club Gemini could have two patrol cars and two officers on bikes when the other clubs hire their own security/bouncers. The Club is okay but the location is not. If one � resident of Franklin Place calls the police, the others don't feel it is necessary to call. In response, Winslow said that the officers most likely � do hear the sounds the same way that the residents would hear it. The residents are wakened from sleep whereas the officers are on shift. Winslow indicated that 20-30 individuals talking creates noise but it is not � disorderly conduct. Barrett recommended that the owners of Club Gemini not spend any � money until they hire an acoustical engineer. He further suggested it � 5 � � � might be in their best interest to not only look at the club itself but the area around the club to see if other things could be done in the parking lot that might be of help. He suggested that before the Branns make an � investment that there should be clear understanding between the Club owners and Council as to what might happen. There is no guarantee that � a solution will be reached. He sees a fairly significant expenditure on the owners' part and foresees having this same discussion 3-4 months down the road as well as discussion of the Club's special amusement permit in � the future. Barrett suggested that the Police Chief have his officers view tonight's videotape. He feels it is important to clarify if the issues between the residents, the club owners, and the City can be resolved. He � did agree with more police presence in the parking lot realizing that the , city cannot assign officers to the area three nights a week. � Stone said the City created the process by allowing the zoning and by allowing the permit for the club to operate in that location. The Club owners have an investment. He doesn't see how it will be resolved: � Stone doesn't want the same issue to be on the table six months from now. Barrett agreed but could not guarantee it. His thoughts are to spend � some time to see if it is possible to solve the problem with some percentage odds. He feels that club owners do have some responsibility for the behavior of their patrons even after they leave the premises. He � wondered if the City could work with Club Gemini's bouncers to allow them more authority for policing action in the parking lot. Barrett said he would need the City Solicitor's opinion. � Hawes feels the Council needs to either draft standards that will apply to all club owners who deal with the issues from a business and a residential � perspective, what the City expects from each party. At a minimum in the � interim, she feels someone needs to take responsibility so that the residents can sleep and the owners can run a business. She suggested � banning the lower portion of the parking lot and in the interim requiring police coverage there at the expense of the Club owner. She suggested the Branns hold off on their proposed plans until a resolution can be � reached. She also suggested forming a task force to set standards. � Allen agreed with Hawes but believes it is the location and a parking lot issue. She also spoke of the problem with Benjamin's. The cause of the problem needs to be determined. �' Without professional acoustical data, Gratwick said he can't be persuaded that Club Gemini owners are doing all they can to resolve the problem. � He feels the police presence is important. He went to the area with the police officers one evening for an hour and felt there were too many � 6 � � officers in the area. He feels the next few months will be critical for the � Club. Another Frankiin Place resident spoke. The music doesn't bother her but � the patrons leaving the establishment. She lives on the backside of the building. She indicated there are other residents who, due to health � problems, were not able to attend the meeting. Greene thanked all participants. He referred to issues raised. Patrons � congregating in the parking lot, an acoustical engineer's report prior to the Branns expending money. Brann said they are trying to do as much as possible within their budget. They are willing to work with everyone. He � felt Club Gemini is being put on stage as the bad people. He said the quality of nightlife in Bangor is at risk as well as the Branns' own business. He emphasized that he is willing to try to resolve the issues. They are � willing to work with the City on the parking lot but they do not want to spend their money on a public parking lot. He spoke of the ledge and that perhaps the City could place a wall on the top. There could be a wall � on the back end of the parking lot. Brann stressed that their ideas are to help the problem, not solve the issue. Greene said he understood and � that the geography of the business doesn't help. Bates said it might be that all sides would not be happy. Regarding the � parking spaces and management of the parking lot, Bates said it is not clear of Councilor Hawes'suggestion of"killing"the parking lot. If it is to impose a no loitering, that is fine. Bates does not agree that the Abbott � lot should be closed at night because it is for the public's use. Regarding leasing parking spaces to anyone, Bates said it is taking spaces out of the parking inventory and she found it undesirable. Bangor has an overall � tight parking inventory due to increased businesses in the downtown. Allen asked if the parking lot could be made more attractive or more of a deterrent to this type of a situation. In the future, Bates said the � downtown advisory committee will most likely deck over the lower level to increase parking capacity. There has also been discussion of a parking � garage in the Abbott Square area, which is a very expensive proposition. Responding to D'Errico, Brann indicated they own the club building. The � other tenant rents from the Branns and that tenant has exclusive use of the front parking lot until 2008. Brann indicated that additional police presence is not going to address the '� noise problem for Court Street. � � 7 � i � , Hawes clarified that the Committee is just cautioning that if all improvements are made as proposed by the Brann brothers and it still � doesn't take care of the problem that no one could guarantee the ramifications in the long run. Residents have stated that most of the noise is at the Club's closing time. Hawes asked if additional officers could � be hired for closing time only. Winslow said the union contract requires a four-hour minimum. He suggested using police officers for two to four weeks and feels it will have an impact. � Hawes suggested placing the no-loitering ban on the lower Abbott lot, area, try the additional officers for 2-3 weeks, and then have the Branns � come back to the Committee for an update. Winslow said it should help but would create a problem for Club Gemini because they will have no area for their patrons to smoke. Greene indicated that regardless a � smoking area would have to be created. Winslow said that barriers and rope could be used for delineation purposes. Hawes again stressed the � formation of a task force. Barrett said there is a land use issue. The Club is not in the downtown � development district zone. Staff can look at the land use issue. Staff could also look at the standards and application form used for special amusement permits, which would require more information regarding the nature of the entertainment, look at the hours of operations, and the � surrounding area. If the nature of the entertainment will result in high - levels of noise, the applicant could be asked to present a noise control � plan. Allen asked that the standards include residential or commercial environment consideration. Barrett agreed. Allen questioned the Club's zoning. Brann said it has its own zone— place of entertainment. Barrett � said it is most likely Urban Service District or Contract Zone. Barrett said pulling together information addresses the global issue but � not the specific issue. Staff will work with Club Gemini to hire extra duty assignment officers on a test basis, to look at extending the loitering � approach from the upper Abbott lot to the lower Abbott lot, to look at providing a license to allow them to use a designated area outside for queuing and smoking. Barrett suggested working with the City Solicitor. � Acoustical issues need to be addressed by the Branns. Any type of leasing would require assistance from the City Solicitor and that is a separate issue. In response to Greene, Barrett indicated he wasn't aware � of an acoustical engineer which the City could recommend to the Branns. Allen suggested contacting the University of Maine System. Barrett said he would do so. � � 8 � i A motion was made and seconded to prohibit loitering in the lower Abbott ' lot, specifically called Haynes Court Parking Lot, to prohibit individuals from remaining therein from 10 pm to 6 am except as necessary for � parking or removing vehicles. This recommendation was made in conjunction with a license agreement between the City and Club Gemmi owners that would allow them to use a designated portion of the lot for � patron queuing and as an outside smoking area. This item will appear on the Council's August 8"' agenda. Barrett summarized: extending the loitering ordinance.to the Haynes � Court, licensing an area for the Club's use for their hours of operation so as not to impact parking, police coverage on a test basis, trying to locate � an acoustical engineer for reference to the Branns in order to provide a preliminary comment. Barrett said he would prepare a briefing paper on approaches the City might want to take in the future on the issue of � special amusement permits. Brann asked for clarification about the police officers and asked that � residents did not make a lot of phone calls to the police department during the test period. Brann suggested Franklin Place residents check / their windows for double pane glass. The Chair thanked all in attendance for their interest, participation and , efforts to resolve this issue. The meeting adjourned at 6:50 p.m. � � , � � � � 9 . �