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HomeMy WebLinkAboutMinutes - City Council - 08/24/1983CITY COUNCIL AUGUST 24, 1983 The South Burlington City Council held a Special Meeting on Wednesday, August 24, 1983, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Hugh Marvin, Chairman; Paul Farrar, Michael Flaherty, Leona Lansing, William Peters Others Present William Szymanski, City Manager; David Minnich, Assistant City Manager, Richard Spokes, City Attorney; Richard Ward, Zoning Administrator; Sidney Poger, Planning Commission; Don Melvin, Burlington Free Press; Ruth Poger, The Other Paper; William J. Schuele, Steve Berry, Lonnie Field, Gene Cenci, G. O'Brien, Doug Wyand, Wayne & Joan Wilson, Greg Premo First Reading of an Ordinance to Regulate Signs in the City of South Burlington Mr. Marvin read the Resolution (attached). Mr. Farrar then moved that unless there was an objection, the formal first reading of the ordinance be walved. Mr. Flaherty seconded with unanimous approval. Mr. Flaherty then moved that the Council adopt and sign the Resolution as read. Ms. Lansing seconded with unanimous approval. Consider appointing a Committee to study and recommend amendments to the above referenced sign ordinance Mr. Szymanski presented a list of persons whom he had contacted and who had expressed willingness to serve on the Committee. These included: Hal Bensen, Ralph Goodrich, Mary-Barbara Maher, Barry Carris, John Dinklage. Mr. Farrar then moved that the City Council establish a Committee of seven members which shall be made up of the City Manager. Mr. Carris, Mr. Dinklage, Mrs. Maher and three people to be appointed by the Chairman from the business community who have an interest in the City. Mr. Ward will serve ex officio. Mr. Flaherty seconded the motion. Mr. Wilson said he was hearing a lot of "old names" going back 10 years and suggested that it might be better to get some new people who were not involved in previous actions. Mr. Ward said that the main business of the Committee will be the size of signs and not the non-conforming size since that had been invalidated by the Court. A question then arose as to the number of persons on the Committee. Mr. Marvin requested a motion to include all 5 suggested names so that they would not begin by "choosing." Mr. Peters so moved with Ms. Lansing seconding. Mr. Schuele asked whether Mr. Szymanski had been attempting to get a balanced committee when he chose the 5 persons. Mr. Szymanski said no, he had just gone through old lists and called a number of people. Mr. Flaherty suggested that the Council see the list of persons suggested from the business community before appointments are made. A suggestion from those present included a list of Greg Primo, Lonnie Field, Wayne Wilson and Gene Cenci. Mr. Flaherty commented that those individuals were the ones who had gone to Court on the issue and maybe some new faces should appear on that list as well. Mr. Wilson suggested there might be members from the business community who are not motel owners. Mr. Ward asked whether the Council will accept the recommendations of the Committee. Mr. Marvin said he could be assured that the Council will listen very carefully and try to work out an agreement. Mr. Farrar then moved that the issue be tabled until the meeting of September 7, 1983. Mr. Flaherty seconded with unanimous consent. Mr. Marvin said he would hope that the City Manager would get a feed-in of names from both the sign committee and from the City Council. Mr. Peters indicated that he had ridden up and down Shelburne and Williston Roads and the signs there didn't bother him. He suggested others might do the same thing. Mr. O'Brien reminded the Council that the signs were put there because at the time they had permission to put them there. Mr. Marvin again stressed that they should not start off by going back to the past. Mr. O'Brien then asked what the purpose of the Committee would be. Mr. Spokes said that as of now we do not have any ordinance. The purpose of the Committee is to decide whether there are difficulties with the proposed ordinance and if so, to recommend changes. Mr. Schuele reminded the Council that it was the citizens who had responded to this situation and had signed a petition. He added that the people really do not like large signs and that if there is a concern, the people might eventually ask for a referendum. Mr. Wilson added that everyone might be surprised at the changes in people's attitudes in 10 years. Amended agreement to Dorset Street Urban Systems Project Mr. Szymanski explained that the original agreement said the Dorset Street project would widen the road to 4 lanes. Now they find it will have to be 5 lanes and have requested such a change in the agreement. Mr. Farrar moved that the Council sign the amended agreement. Mr. Flaherty seconded. Ms. Lansing indicated that there are many people in the area who are concerned about how wide the road will be. Mr. Peters asked how far along the project is. Mr. Szymanski said they are about to choose consultants. In the vote which followed, the motion passed 4-1, with Ms. Lansing voting against. Liquor Control Board Mr. Farrar moved that the Council adjourn and reconvene as the Liquor Control Board. Mr. Flaherty seconded with unanimous consent. Mr. Szymanski introduced Mr. Steve Berry representing WMA sports. Mr. Berry said that he could not understand why their request had been turned down at the last meeting. Mr. Marvin and Ms. Lansing indicated they had voted no because it was on a Sunday and opposite a Church. Mr. Peters indicated that he had reservations about such entertainment. Mr. Poger commented that he would question the imposition of religious criteria on civil actions, and that if he were in the applicants position, he might go to the Civil Liberties Board. Mr. Szymanski noted that when the Church established itself in that location they had to get a variance to be so close to a tavern. Mr. Berry explained that the event will begin with the weigh-in at 4 p.m. and the event itself will begin at 6 p.m. and run till 10:30 or 11. Liquor will be served during the tournament. Contestants will come from the crowd. He added that in the past they have gotten excellent press coverage and have had no problems. Mr. Flaherty asked whether there had been any trouble at the Old Board when their event was held. Mr. Szymanski said he had heard of none. Mr. Berry noted that there had been drinking at the Old Board during the competition. Ms. Lansing said she remembered that this was not supposed to have been the case. Mr. Berry said that his machine takes the controversy out of arm wrestling. It is supervised by 2 professional referees and all fouls are called. He added they have been in the Barre- Montpelier area, Bethel, Waterbury, Chelsea, Rochester, and Waitsfield with no trouble. Mr. Flaherty said he felt it was a dangerous precedent to tell people what they can or can't see. He then moved that the Council reconsider the action taken by the Board on Monday, August 22, on the application for an entertainment permit. Mr. Farrar seconded. Mr. Kraassner said he felt the Board should do something about crowd control, possibly hire a police officer. Mr. Berry said they have never needed such control and that they had an excellent record of crowd control. In the vote which followed the motion passed 4-1 with Mr. Peters voting no. Mr. Farrar then moved that the Board approve the request for an entertainment permit as presented at the meeting of Monday, August 22. Mr. Flaherty seconded. Ms. Lansing moved that the motion be amended to include a police officer present at the applicant's expense. There was no second to this motion. In the vote which followed, Mr. Farrar's motion passed 3-2 with Ms. Lansing and Mr. Peters voting against. Mr. Peters then moved that the Board instruct the City Manager to research the previous request of the Old Board to find out whether the literature did say that no liquor would be served, and that if this has been done against the wording of the proposal, he would expect that at some point a reprimand be sent to that club. Mr. Farrar seconded with unanimous consent. As there was no further business to come before the Board, the meeting adjourned at 8:10 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. RESOLUTION WHEREAS, on June 25, 1973 the City of South Burlington enacted an ordinance entitled "An Ordinance to Regulate Signs in the City of South Burlington"; and WHEREAS, the ordinance has subsequently been amended; and WHEREAS, the entire ordinance was inval idated by the Chi ttenden Superior Court by an Order dated August 11, 1983 in the case of City of South Burlington v. Redwood Inn, Inc., Chittenden Superior Court Docket No. S523-CnC; and WHEREAS, the only issue before the Court was the legality of Section 14 of the ordinance which contained an amortization provision requiring the removal of nonconforming signs; and WHEREAS, the Council deems it is in the public interest to readopt the ordinance, with amendments thereto, without Section 14, in order to promote traffic safety, hazard reduction and aesthetics. THEREFORE, BE IT RESOLVED that the Council of the City of South Burl ington hereby approves the first reading of "An Ordinance to Regulate Signs in the City of South Burl ington - 1983" and directs the City administration to warn a pub1 ic hearing on the proposed ordinance for Wednesday, September 7, 1983 at 7:30 P.M. at South Burlington City Hall in accordance with Section 106 of the City Charter. Dated this 24th day of August, 1983. THE OLD BOARD'S-CLUB NEW ENGLAND NEW ENGLAND HOUSE RESTAURANT A WARD BUSINESS CORI'ORATION 520 Shelburne Road So. Burlington, Verrnont 05401 802/658- 1421 @ Clty Manager