Hours curtailed at Mozambique

The City Council on Tuesday approved measures to mitigate a local restaurant’s proposed late-night hours of operation, but curtailed the hours for which the mitigation was intended.

Mitigation measures worked out in meetings between operators of Mozambique restaurant and impacted Woods Cove neighbors were submitted for incorporation into the modified conditional-use permit approved for the restaurant in January. The modifications extended the nighttime operations by an hour and were subject to the review Tuesday, at which a council majority voted against the extension.

“I was just shocked by the council’s action,” said attorney Lawrence Nokes, who represented a group of neighbors during negotiations with Mozambique representatives. “The meeting last night was to include the mitigation measures into the [permit].”

However, the council rescinded the extension of operating hours to midnight and food service until 11:30 p.m. Sunday through Thursday, although city staff said the more restrictive hours were not warranted.

City Manager Ken Frank said staff initially had some concern about the council’s action.

“But the city attorney and the director of community development believe the council had the authority to take the action it did,” Frank said.

The staff report on the agenda item included the council’s option to modify hours of operation or other conditions of approval in the permit, based on performance and impact on surrounding properties.

Council discussion of a reduction in the hours of operation came after public communication was closed and several members of the business community, as well as Nokes and Mozambique operators, were caught off guard by the discussion of the hours, which they had not anticipated.

Three property owners at the meeting complained about late-night disturbances, but one previous opponent was willing to give the extension another four-month test, especially because the restaurant operators agreed to meet with the neighbors to discuss their issues and to have mitigation measures inserted in the permit.

Approved measures:

Mozambique will provide security patrols for the adjacent neighborhood Friday, Saturday and Sunday nights.

Mozambique will offer free valet parking Sunday through Thursday, charging $3 until 9 p.m. Friday and Saturday, and after 9 p.m. it will be free.

Mozambique will post signs to direct patrons to turn left out of the exit instead of turning right into the neighborhood.

Mozambique will instruct all employees to park in the neighborhood with posted plaques or stickers on their vehicles to maintain and control the amount of noise in the neighborhood.

Mozambique will hold monthly meetings with neighbors to discuss how remedial measures are working and any issues they might have with them.

The parties agree that based on past and potential future impacts, a periodic objective review is appropriate. In this case, the end of September or first of October seems an appropriate time for review. If people in the neighborhood are going to be adversely affected, it will most likely manifest during the summer months. Ideally, the monthly meetings will go forward to allow real time evaluation of problems. To the extent adjustments are not achievable, the issues may be addressed to the council at the review hearing.

Chairs and tables in the lounge area will not be moved in such a way to create a dance floor and the food service upstairs will be a full menu.

Every Monday morning, Mozambique will have its workers clean the adjacent neighborhood of debris.

“We spent a lot of time working this out with Ivan Spear [restaurant operator] and his associates,” Nokes said. “We explored solutions and held meetings. There was spirited discussions and some compromises.

“At the council meeting. we were only addressing these modifications to the language in the [permit] to include what we had agreed on in negotiations.

“The proposed four-month extension to September would a great success or a colossal failure. It would have been a real test of the mitigations.”

However, Nokes was not speaking for all of the neighbors.

Anne Krizman, who lives two blocks from the restaurant said she is already awakened by noise from Mozambique patrons who park their vehicles near her home.

“I can’t imagine what it will be like in summer with the windows open,” Krizman said.

Mozambique attorney Marc Hines offered to instruct restaurant employees to use the parking spaces near Krizman’s home to prevent patrons from occupying them.

Mallory McCamant, one of the neighbors who hired Nokes to represent their interests, said she would be willing to continue the dialogue that has developed some constructive efforts to move past the contention and difficult situation that has festered in the neighborhood.

“There is no question that Mozambique is a vital member of the business community,” McCamant said. “And of course, there are going to be impacts on neighbors, but I recognize the importance of working with businesses.

“I have seen the results of meetings, but more importantly the dialogue is open — we can call with issues, and that is the most important thing that came out of the meetings.”

Neighbor Jeff Kaplan said meetings are all well and good, but they won’t make the Mozambique building any more suitable for a nightclub.

“I don’t ever want to speak to Ivan; I don’t ever want to come to a meeting; I just want to be able to go to sleep at 11 p.m.,” Kaplan said.

Mayor Pro Tem Toni Iseman, who initiated the council discussion of the hours of operation, said the noise inside was probably not as much a problem as the noise outside — people going to cars on neighborhood streets on school and common work nights.

“I think parking the employees by the houses most impacted would do the most good,” Iseman said.

Mayor Elizabeth Pearson and Councilman Kelly Boyd opposed the restoration of the 11 p.m. closing time.

“With the economy the way it is, I think a lot of us are happy to still be in business,” Boyd said. “We should continue [the extension] through the summer and review it in September.”

Iseman voted against the extension of hours, along with Councilwomen Jane Egly and Verna Rollinger. Rollinger opposed the extension when the council approved it in January.