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HomeMy WebLinkAboutMinutes - City Council - 04/20/1992CITY COUNCIL 20 APRIL 1992 The South Burlington City Council held a regular meeting on Monday 20 April, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; John Dinklage, William Cimonetti, Robert Chittenden, James Condos Also Present: Charles Hafter, City Manager; Sid Poger, The Other Paper; Mike Donoghue, Free Press, Margaret Picard, City Clerk/Treasurer; Albert Audette, Street Dept; Bruce O'Neill, Recreation Dept; Michael Sheridan, Channel 17; Paul Horton, Allan Couch, Agency of Transportation; Lee Graham, Police Dept; Maurene, Elizabeth, and William Gilbert, Barbara Hibbitts, Adam Bridge, Harley Brown, III, Holly Reed, Lena & Frank Kochman, Janet Delneo, Denny Johnson 1. Comments & Questions from the Public (not related to Agenda Items): Mr. Chittenden noted that in response to an item in The Other Paper, he did vote for the Davis Parkway project. 2. Dorset Street Update: Mr. Couch of the Agency of Transportation reported on problems with the utilities relating to changes in design and funding. These had not previously been anticipated and have held up the project. The power poles will probably not be moved until August. The contractor has proposed a plan that would run traffic on either side of the poles. This was not acceptable to the AOT. Other proposals aroused concern with the utility companies. As a result, the Agency felt the utilities should get their work done, leaving traffic on the street. There will be some paving once the utility work is done. There is still no agreement with Green Mountain Power, and they won't start work until the agreement is finalized. Mr. Condos asked if there are time delay clauses in the utility contracts. Mr. Hafter said they are talking with GMP about this. He felt the other utilities will come in close to their time frame. Mr. Condos asked if the road will be topped for summer. Mr. Couch said this will be done where needed. Mr. Condos noted problems with lack of striping. Mr. Cimonetti said this area has the state's largest concentration of commerce at the end of Dorset Street, so as they go into the Christmas season, they will not be reconstructed. He said it is very important not to cripple commercial enterprises up and down the road, especially during major commercial times. Mr. Couch said he felt the situation this year will be better than it was last year. Mr. Cimonetti noted the city will go through a period where there are no utility poles and thus no street lights. Mr. Horton said lights usually go in after roads are built. Mr. Cimonetti said that is not acceptable. He didn't want to go into the construction shut-down season without street lights. Mr. Couch said that is a good point and he would look into it. Mr. Horton felt that if anything gets built this year, it would be from San Remo Drive to Kennedy Drive, at best. Mr. Condos said he would like to have the Phone Company come in and discuss the possibility of 911 service. Mr. Hafter said he would look into this. 3. Establishment of Sewer User Fee for 1992-3 Budget: Mr. Hafter said the required rate is $8.85 per 1,000 cu. ft. of water use. This represents a 15% increase. One third of the increase is for operation of the department (mainly sludge and sludge disposal)Íž the remaining 2/3 of the increase is for replacement of debt service. This decreases the tax rate for .8¢. Mr. Flaherty noted this still leaves S. Burlington second lowest in the area for sewer rate. Mr. Chittenden asked whether the increase will last for 2 years. Mr. Hafter said that depends on growth and new regulations and what the Council wants to do about debt service. Mr. Cimonetti moved that the Council approve $8.85 per 1,000 cubic feet of water use as the sewer rate. Mr. Condos seconded. Motion passed unanimously. 4. Consideration of recommendation from Red Rocks Advisory Committee regarding Fees and Schedule: Mr. Flaherty noted the proposed increase would raise another $500. Mr. O'Neill said the city is very low compared to what others charge for swimming facilities. Revenues don't pay for running the park, but the committee felt it would help a little to raise the rate. Resident parking stickers would be raised $1.00 and non- resident $20.00. Daily passes would stay the same. Mr. O'Neill added there hasn't been an increse since 1987. Mr. Chittenden felt is wasn't appropriate to increase the fee and to tax people double for something. Mr. Condos replied that the fees are being used to reduce the taxes, not to double them. Mr. Dinklage moved to accept the recommendation of the Red Rocks Advisory Committee and increase fees as per Mr. O'Neill's memo of 3/24/92. Mr. Cimonetti seconded. Motion passed 4-1, Mr. Chittenden opposing. 6. Review Planning Commission Agenda for 4/21 and Zoning Board Agenda for 4/27: Mr. Dinklage noted that in the Zoning Board Appeal #2, he would ask that the Board be very cognizant of uses intended for the City Center area, noting that a billiard parlor and pro shop have been applied for. With regard to Zoning item #4, Mr. Dinklage asked that the Board be sensitive to the very high quality commercial activity on Kimball Avenue and consider the possibility of unsightly storage. Mr. Cimonetti asked that the Board find out if the applicant will have a temporary office structure such as a trailer, which would be unacceptable. 7. Minutes of 3/16 and 4/6 and Steering Committee 3/19: Mr. Condos moved the City Council Minutes of 3/16 and 4/6 be approved as written. Mr. Dinklage seconded. Motion passed unanimously. With regard to the Steering Committee Minutes, Mr. Dinklage noted that what he intended to say with regard to Supt. of School Fred Tuttle was: that Mr. Tuttle's interest in education extended into the pre-school environment and he was active in transferring the residual assets of the Overlake Day School to a parent cooperative pre-school, the Children's School, which still operates in the community. 8. Sign Disbursement Orders: Disbursement orders were signed. 9. Liquor Control Board: Mr. Cimonetti moved the Council adjourn and reconvene as Liquor Control Board. Mr. Chittenden seconded. Motion passed unanimously. a. Discussion of Beverage License Renewal for Bambino's, Shelburne Rd.: Mr. Flaherty noted there have been 244 complaints in 9 months relating to Bambino's. The next highest number of complaints from any one place is 55. He said Bambino's has been asked to indicate to the Board what they propose to do about the situation. Mr. Brown, representing Bambino's, said they try to provide as much security as possible. There are off-duty S. Burlington police personnel on the premises on weekends. Mr. Dinklage noted that the 244 complaints are in addition to what is handled on the site by off-duty police personnel. Mr. Brown said Bambino's is willing to meet with the Police Dept. and to implement any ideas they have. Mr. Dinklage said it was his understanding that there have already been a number of meetings. Lee Graham of the Police Dept. confirmed this and said the Chief has spoken with Mr. Spagnola. There used to be 2 off-duty officers present, now there is only one. This was at Bambino's request. He noted that some types of incidents require larger response. Mr. Cimonetti said he would like to hear what management's plan is to control activities inside and in the parking lot. He felt the Board had to make a judgement as to whether that plan is sufficient with respect to serving minors, noise control, public nuisance, activity, and compliance with the incapacitated persons act. Mr. Brown said Bambino's has meetings with management and security. They have also met with Karne Barnes of the State Liquor Control Dept. and went over all the rules. He said they are fearful of sending security people into the parking lot because if fights ensue Bambino's could be sued. Mr. Dinklage said this is not acceptable to him. Mr. Cimonetti asked if S. Burlington police people are inside or outside. Mr. Brown said they are mostly inside. If there is trouble in the parking lot, they are called from inside. Mr. Flaherty suggested having Bambino's management meet with the City Manager and Police Dept. and work out a plan for control of the situation. He felt the Board could table the Liquor License request at this time. Mr. Cimonetti asked how many people are assigned to security. Mr. Brown said 6 or 8, depending on what night it is. There are 8 on the weekends when there may be as many as 400 customers. Mr. Dinklage noted there have been 45 arrests since July for serious offenses. One fourth of these were for drunkenness of underage drinkers. He said it appears Bambino's is not exercising adequate control of the facility both inside and out. He said he couldn't support continuation of the beverage license with this track record unless there is a plan to correct the situation and a plan of action if that plan is not followed. Regarding the noise issue, Mr. Brown said he met with Mr. Spagnola on this and have had police park on the street to monitor noise. They have contacted Advantage Music Store to come up with a plan to try to absorb some of the bass that seems to be escaping into the neighborhood. Mr. Condos stressed this has to be dealt with because spring is coming and windows will be open in the neighborhood. Ms. Delneo said she has been through this before and asked if all the renovations done by Club New England have been undone by these people. She said the noise is waking her children at night. Other neighbors said the noise is worse since Mr. Farrell cut the trees down. Mr. Kockman said he is in the direct line of fire and his walls vibrate from the noise. He said he went to Joe Spagnola when Bambino's first opened and he has gone in at 2 AM to complain about noise. All he got was polite lip service. He also noted that car lights shine into his house and that there are people walking in the field at night. Some kind of barrier is needed. Ms. Gilbert added that neighbors are being told things by the management that aren't true. Mr. Flaherty suggested neighborhood representatives meet with city management and others on this. Mr. Dinklage said the Council has to relook at the noise ordinance. Mr. Cimonetti said he talked today with people at the State Liquor Control Board. The city can make any reasonable stipulation on a liquor license and this stipulation would be honored by the state. If it turns out that the noise ordinance doesn't control noise, the Board can make a statement on the license regarding public nuisance. He stressed that it is the Council and Board's responsibility to control public nuisance problems. Mr. Gilbert said that Bambino's is only here because they want their liquor license. They know there's a noise problem and they just say and do nothing. He felt the Board should also look into Bambino's Entertainment Permits. Mr. Cimonetti asked who is the local holder of the liquor license. Mr. Hafter said it is Jody Diaz. Mr. Brown identified her as a shareholder. Mr. Cimonetti felt she should be present. Mr. Dinklage then moved to table consideration of the beverage license request of Bambino's until staff comes back after a meeting with Bambino's management and residents and there is a resolution specifying the Board's concerns and the action that will be taken if those concerns are not addressed. Further, the applicant will present to the Board a written plan as to how all aspects of public nuisance will be controlled. Mr. Condos seconded. Motion passed unanimously. b. Request for Approval of Annual Beverage Licenses from 33 Establishments: Mr. Hafter said there are no problems on this list of applicants. Mr. Dinklage moved to approve the renewals as per the City Manager's recommendation, noting that Bambino's is not approved. Mr. Chittenden seconded. Motion passed unanimously. Mr. Hafter then noted that The Whaler is behind in tax payment and has said these will be paid by Monday. Mr. Dinklage moved to approve the renewal for The Whaler, subject to payment of back taxes now owed. Mr. Condos seconded. Motion passed unanimously. c. List of Tobacco Licenses approved by City Clerk: Mr. Cimonetti said this is necessitated by a law passed by the Legislature last year. Cigarette machines have to be in sight of bartenders. This creates a problem as machines are usually in coat rooms or in hallways. Most people have not moved machines to be in compliance with the law. Enforcement responsibility is with the Liquor Control Department. Mr. Dinklage asked whether the Liquor Control Dept. can be asked to certify they have approved the facilities in question. Ms. Picard said she asked the state where the approval list came from and was told it was "dumped on them by the Legislature." Mr. Cimonetti said this is a state-wide problem which S. Burlington cannot fix on its own. He felt a copy of the law should be provided to applicants for the license. Mr. Dinklage felt the city has to explore its responsibilities in this area. Mr. Chittenden moved to approve the list with the exception of Bambinos. Mr. Dinklage seconded. Motion passed unanimously. Executive Session: Mr. Dinklage moved the Board adjourn and reconvene as City Council in Executive Session to discuss contract negotiations, real property acquisition, litigation and a personnel matter and to resume regular session only for the purpose of adjournment. Mr. Condos seconded. Motion passed unanimously. Regular Session: The Council Reconvened in regular session. Mr. Chittenden moved adjournment. Mr. Condos seconded. The motion passed unanimously. The meeting adjourned at 11:05 PM. CLERK Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.