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HomeMy WebLinkAboutMinutes - City Council - 04/21/1986CITY COUNCIL 21 APRIL 1986 The South Burlington City Council held a Regular Meeting on Monday, 21 April 1986, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; George Mona, Michael Flaherty, Francis X. Murray, Leona Lansing Others Present William Szymanski, City Manager; Wendy Schroeder, Business Manager; Margaret Picard, City Clerk/Treasurer; Albert Audette, Street Dept; Richard Ward, Zoning Administrator; Stephen Stitzel, City Attorney; Allen C. Ward, Rickey Ward, Eugene Ward, Maura Weatherly, Craig Weatherly, Sandi Davis, Caren Hoffman, Mary Cady, Eleanor Reddington, John Davis, Jeff Soren; Ruth Poger, The Other Paper Executive Session Mr. Mona moved that the Council meet in executive session to discuss pending litigation. Mr. Flaherty seconded with unanimous approval. Ms. Lansing did not attend the Executive Session due to a potential conflict of interest. Comments and questions from the public (not related to items on the agenda) No issues were raised. Appoint Auditors for the City 1985-86 Audit The fee for Sullivan-Powers, Inc. will be $13,400 per their 3-year agreement. Mr. Flaherty moved that Sullivan-Powers, Inc. be appointed auditors for 1985-86. Ms. Lansing seconded, and the motion passed unanimously. Sign Proclamation designating May 11-17, 1986 as "Week of the Young Child." Mr. Murray moved that the Council sign the proclamation designating May 11-17, 1986 as "Week of the Young Child." Ms. Lansing seconded, and the motion passed 4-0, Mr. Mona abstaining. Adopt Resolution approving the Greater Burlington Federal Aid Urban System Map Mr. Farrar explained that the City has been trying to get the map updated and have reached an agreement on the roads to add and delete. The MPO has agreed with the changes. Areas on Shelburne Rd. and Dorset Street have been extended for improvements, and Old Farm Road has been removed from the map so it could now be closed. Mr. Murray moved that the Council adopt the Resolution and empower Mr. Farrar to sign the approval for the Urban System Map. Mr. Mona seconded, and the motion passed unanimously. Consider adopting 1986-87 budget Mr. Murray moved that the Council adopt the 1986-87 budget as presented at the Public Hearing on 10 April 1986. Mr. Flaherty seconded, and the motion passed unanimously. Sign Renewal Note Mr. Szymanski explained the note is for highway improvements and is with the Chittenden Bank in the amount of $91,600 currently at 9.7% for one year. If, however, a proposed law does not pass, the rate will drop to 6.55%. Mr. Murray moved that the reading of the documents be waived. Mr. Flaherty seconded, and the motion passed unanimously. Mr. Flaherty then moved that the Council sign the resolution for capital improvement refunding borrowing, the note in the amount of $91,600 at 9.7%, and the interest adjustment agreement. Mr. Mona seconded, and the motion passed unanimously. Review Planning and Zoning Agendas No issues were raised. Review Minutes of 7 April 1986 Mr. Murray moved to waive reading of the Minutes and approve them as printed. Ms. Lansing seconded and the motion passed unanimously. Sign Disbursement Orders Disbursement orders were signed. Other Business Mr. Murray advised that at a dinner this week students who served on the UVM Rescue Squad which serves the City will be honored. He felt a City Resolution could be prepared for this occasion. Mr. Flaherty moved that Mr. Murray and Mr. Szymanski prepare a resolution for UVM Rescue Squad members and have the City Council sign it. Ms. Lansing seconded, and the motion passed unanimously. Liquor Control Board Mr. Flaherty moved that the Council adjourn and meet as Liquor Control Board. Mr. Mona seconded, and the motion passed unanimously. Mr. Szymanski presented the following second class liquor license renewals: The Net Result, J&L Save-Mor, Healthy Living, Airport Grocery, Grand Union (Hinesburg Rd, and Seaway Shopping Center), Gaynes, Martins (Dorset St. and Shelburne Rd.), Doug's Quick Stop, Morgan Store, Spillane's (Williston Rd. and Shelburne Rd.), Octane, P & C, Colonial Deli, Cork & Board, Ernie's Mobil, Gracey's, Interstate Texaco, D & S Variety, U-Save Beverage. These have been approved by Police, Fire, and Tax people. Mr. Murray moved that the Board approve and sign the second class liquor license renewals as listed by the City Manager. Mr. Flaherty seconded, and the motion passed unanimously. A second class renewal for Dolan's shows taxes owed. Dolan's claims these are the responsibility of the prior owner and were paid at closing. The City never received the money. Mr. Flaherty moved that the second class license for Dolan's be approved with the understanding that outstanding taxes be paid by Dolan's or the previous owner. Ms. Lansing seconded, and the motion passed 4-0 with Mr. Murray abstaining. Mr. Szymanski then presented the following First Class liquor license renewals: Papa Geno's, Bogarts, Wesson's Diner, Brick Oven, Twin Oaks Tennis Center, Rotisserie, Holiday Inn, Windjammer, Garfield's, Parkway Diner, Pauline's Restaurant, Airport Restaurant, Perry's Fish House, Lum's, Bonanza, Ground Round, Howard Johnson's, Big Ben Pizza, Zachary's, China Lite, Redwood Motel, Sheraton, Ramada Inn, Pizza Hut, Cork & Board, Vinnie's Hot Spot, Olympiad. No problems exist with these renewals. Mr. Flaherty moved that the Board approve and sign the First Class liquor licenses as presented by the City Manager. Mr. Murray seconded, and the motion passed unanimously. Discussion then followed on the renewal of Club New England's First Class license. Mr. Mona reaffirmed that no action had been taken to remove conditions earlier placed on the club. Mr. Weatherly, resident of Hadley Rd., said that he and other neighbors were present for the third year in a row, to complain about this establishment and that they did not intend to give up because of a failure of government to do something. He said they didn't want to put Mr. Ward out of business, but they did want peace and quiet. He added that whatever the club has done to abate the noise hasn't worked. Sandi Davis said that in August they had been told something would be done. Mr. Murray had suggested that a proper legal letter be sent to the club. To her knowledge this had not been done. Mrs. Cady said that she was tempted to call a City Council member at 2 A.M. when they are being kept awake by the noise. Mr. Cady said he thought improvements had made some difference but not enough. He added that when the club closes at night, the parking lot sounds like Catamount Stadium. Police say there is little or nothing they can do. Chip Ward, attorney for the club, indicated what had been done to try to solve the problem. A new outside wall was put on the Yankee Trader Room, new interior walls were put in on the north, south, and east sides, an exterior wall was built on the Old Board Room, the band stage was reinforced and reinsulated, 7 windows were enclosed and insulated, 3 doors were enclosed by adding an insulated porch. These cost over $6,000. Mr. Ward also said that in August, 1985, the Vermont Dept. of Labor and Industry conducted tests which showed that from 15 to 20 feet away from the building the noise of the band was too low to hear. He did not know what levels were being measured in this test. They also have a report from Dr. Muhr, audiologist, who found there to be no intrusive noise levels from the club. The Vermont Dept. of Liquor Control also conducted tests and found complaints unfounded and thus took no action. A South Burlington police officer said when she investigated noise complaints, she could hear nothing from Hadley Rd. Mr. Ward said they felt they had rectified the problem; if not, they are willing to work to do so. Mr. Farrar said the first thing to do is to get some first source testimony as to the facts. Mr. Ward gave Mr. Farrar a copy of one set of test results. Mr. Farrar said that from the data he read, it appeared that the club was in violation of the Zoning Ordinance, but he could not be certain since he could not speak with the person who did the tests. Mr. Murray said this situation has to be resolved once and for all and suggested having a hearing where everyone can present whatever information is available. Mr. Ward said they are entitled to 30 days statutory notice and that perhaps the license could be renewed on the basis of the hearing to be held in 30 days. He would like to know what ordinance the City will be viewing, allowable decibel levels, etc. Ms. Davis said this is what happened last August, and nothing was ever done. Mr. Murray then moved that the Board not renew the liquor license of Club New England based on the report that noise from the club has been a public nuissance. Ms. Lansing seconded. Mr. Ward said they would not object to another hearing before May 1, 1986, and would agree to have Dr. Muhr present. All parties agreed to meet for the hearing on Monday, 28 April 1986, at 7:30 p.m. Mr. Weatherly said he wanted a statement from Club New England that they are satisfied with having the matter heard at that time and will not then say they didn't have 30 days notice. Mr. Ward said they would waive the 30 days notice but did ask for a letter indicating what section of the Ordinance has been violated. Mr. Murray and Ms. Lansing withdrew their prior motion. Mr. Murray then moved that the hearing on Club New England's liquor license be continued until Monday, 28 April 1986, at 7:30 p.m. Ms. Lansing seconded. It was agreed that the City Attorney would be present to conduct questioning. Mr. Ward will present a list of people they would like to have present. Mr. Farrar asked that the City Attorney check on the status of the liquor license if the hearing goes beyond May 1 and also what would happen if the vote wound up as a tie. He also asked whether it would be possible, since he will not be present on 28 April, for him to read the record and then vote one way or the other. In the vote which followed, the motion passed unanimously. Mr. Murray then moved to continue the hearing on Quarry Hill and Koala Mauna until Monday, 28 April 1986. Mr. Flaherty seconded, and the motion passed unanimously. As there was no further business to come before the Board, the meeting adjourned at 9:45 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.