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HomeMy WebLinkAboutMinutes - City Council - 05/18/1992CITY COUNCIL 18 MAY 1992 The South Burlington City Council held a regular meeting on Monday 18 May 1992, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; John Dinklage, Robert Chittenden, James Condos, William Cimonetti Also Present: Charles Hafter, City Manager; Ruth Poger, The Other Paper; Peg Strait, Asst. City Manager; Joe Weith, City Planner; Brian Searles, Lee Graham, Police Dept.; Albert Audette, Street Dept; Steven Stitzel, City Attorney, Michael Sheridan, Channel 17; Elizabeth Gilbert, Dennis Johnson, Fred Reid, Harley Brown, III 1. Comments & Questions from the Public (not related to Agenda Items): No issues were raised. 2. Consideration of Approval for DAV Coin Drop, May 23, 1992 at Kennedy Dri. and Hinesburg Rd: Mr. Hafter noted there had been concern about such occurrences. The City Council has authority to grant licenses in these instances. Mr. Hafter presented proposed guidelines which, he noted, the DAV has agreed to follow. Chief Searles said he felt the process was OK. Mr. Chittenden asked if the DAV can continue longer than the times on the application. Chief Searles said the aim is to stay away from early morning and late afternoon traffic hours. Mr. Cimonetti said he opposes this, particularly at this intersection which already has an intollerable level of service and currently has no lane markers. Traffic backs up and people are cutting through private property (Mobil Station) to shortcut the corner. He felt this even would add another level of confusion and this would be an imposition on the citizens and the traveling public. Mr. Audette indicated the State is supposed to mark lanes next week. Mr. Condos asked if the Police Dept. will monitor the activity. Chief Searles said they would. Mr. Condos asked if there is a plan for a pedestrian activated crossing. Mr. Audette said the controller can handle it, and he would check to see if it is in the plan. Mr. Dinklage moved to approve the DAV coin drop and the guidelines as submitted by the Police Department. Mr. Condos seconded The motion then passed 4-1 with Mr. Cimonetti voting against. 3. Opportunity for Questions from the Public about items on the May 19, 1992 ballot: No questions were asked. 4. Council Discussion of 911 services for South Burlington: Mr. Flaherty noted that So. Burlington has no 911 service. A state-wide emergency dialing system is being discussed, but the question is whether anything can be done for South Burlington in the interim. Fred Reid of New England Telephone said the 911 systems in the state are the basic service. The limitation is that the switching office can only direct a call to one designated location which limits the opportunity to have S. Burlington residents' calls directed to the S. Burlington emergency service center. S. Burlington calls now go to Burlington and have to then be re-routed (usually by 3-way conference call) to S. Burlington. To provide service that would direct calls to the S. Burlington emergency center would require "E-911" (enhanced service). This provides selective routing, selective transfer and automatic address information. It is very expensive. What limits S. Burlington from getting 911 calls directed to its own emergency center is that S. Burlington does not have its own telephone exchange and shares its exchanges with Burlington and parts of Colchester. One solution might be to have a centralized dispatch center with Burlington. Then by pushing a button, a 911 call could be routed to S. Burlington's emergency center. Mr. Reid noted there are summer studies being done by the state and county on this issue. The hope is that a recommendation will be forthcoming by 1 February. He added that if the State approved a state-wide E-911 system, it would be 3 to 5 years before it was up and running. Mr. Dinklage asked if there could be just an E-911 system for the exchanges in Chittenden Country. Mr. Reid said there could but it would cost over $500,000. Mr. Dinklage didn't feel that sounded excessive. He then asked if anything can be done to enhance the existing system. Chief Searles said they are talking with Burlington about installing S. Burlington's primary frequency in Burlington's dispatch. He felt S. Burlington shouldn't overburden Burlington. Mr. Cimonetti said he understood that today's technology would allow the phone company to adjust prefixes and assign certain exchanges only to S. Burlington. It might be a burden to the citizens to get their phone number changed, but he felt most people wouldn't object if it meant getting a 911 service. He said the phone company also knows the number of the phone from which every call in the city is made. He felt a microprocessing system could program the addresses from which calls come and then route the calls to the proper emergency center. Mr. Reid said one problem is they would have to build a system that could keep going and have the data base expandable. Caller ID now brings the calling number to the receiver, not to a central location. Mr. Cimonetti said as soon as the instrument making the call is identified, the microprocessor cold direct it to the proper dispatch location. Mr. Reid said he had asked about this and it isn't that simple. The technology isn't available that would be able to determine what that data base is and then be able to route the call to S. Burlington dispatch. Mr. Cimonetti asked Chief Searles if the county summer study includes the issue of centralized dispatch to include Burlington and S. Burlington. Chief Searles says he's sure it will be on the agenda. Mr. Cimonetti said he felt the data base already exists for the phone company since they measure message units in S. Burlington and know where to address bills. Mr. Reid said they know what exchange a call is coming from, not necessarily whether it's in Burlington or S. Burlington. There is a separate system that bills from tapes. The problem is the switching system which would route a call to where S. Burlington wants it to go. Mr. Dinklage said he wanted to keep this issue alive and appoint a committee to include the Police Dept, New England Telephone and appropriate outside consultants as needed. He didn't want to see a wait of 3 to 5 years and felt it was imperative to have something for S. Burlington much sooner than that. Mr. Reid said New England Tel has committed to work with the Police Chief and others on a county-wide system. Mr. Cimonetti moved to direct the City Manager to send formal notification to both legislative summer studies expressing concern on the part of South Burlington as to the lack of 911 service in the city. Mr. Dinklage seconded. Mrs. Poger asked if it's possible to have another 3-digit number that would link to S. Burlington dispatch. Mr. Reid said he wasn't sure, but he didn't think so. Mr. Dinklage suggested that in the future when a new phone number is assigned in S. Burlington an exclusive exchange be assigned. That would, he felt, result in a significant number of people already having an exclusive exchange. Mr. Reid said there would have to be some engineering manipulation. Mr. Dinklage felt half the population could be converted in a few years. In the vote that followed, the motion passed unanimously. 5. Consideration of City Council Acceptance of Valley Ridge Circle as a Public Street: Mr. Hafter noted that although Valley Ridge Circle was built as a private street, citizens petitioned to have it made public. There has been a delay in this because some residents were opposed. The legal hurdles have now been cleared. The city's main concern is snow removal. To address this, the deed features a 5-foot easement on each side of the curb. There will not be sidewalks. Mr. Hafter also noted that private streets are no longer allowed in single family subdivisions. Mr. Dinklage moved that the Council accept Valley Ridge Circle as a public street pending satisfactory completion of warranty deed and property transfer tax return. Mr. Condos seconded. Motion passed unanimously. Mr. Cimonetti asked whether Valley Ridge Circle can be included in the city's total mileage on which state reimbursement is calculated. Mr. Hafter said this will be done. Mr. Audette noted that if cars are parked on both sides of the streed, the snowplow can't get through. Mr. Hafter said this will be addressed. It will also be necessary to remove the 5 mph speed limit as it is below the lowest legal limit for a public street. 6. Consideration of request from Judge Development Corp. for use of public right-of-way for structural canopy in conjunction with Corporate Way development: Mr. Judge explained that they are developing a building on Corporate Way which has been approved by the Planning Commission as part of the City Center. The developer wants to build a canopy set on the property line. Part of the plan includes a walkway through the building to the parking lot. They would be encroaching 3 inches into the city right of way. There would also be a small encroachment for the canopy where the awning would extend to within 3 ft. of the curb. Anything that would be on the outside of the columns would be city property. Mr. Judge said they are not asking for signage. The awning would be canvas and he would agree to a stipulation that it would be seasonal if the interfered with snow removal. Mr. Weith said the Planning Commission had liked the idea of the awning. Mr. Audette said there would be no problem in the summer but noted this could be starting a precedent. Mr. Condos expressed concern that the building will be only one story and noted that the City Center Committee had wanted multi-story buildings in the area. Mr. Judge said the city hasn't provided the incentive for that. There is more profit for leasing retail space, and the mixture of retail and office space doesn't work. In addition, upper floors have to be handicapped accessible, and this is expensive for developers. There is also a problem with cross-ventillation on upper floors. Mr. Cimonetti moved to approve the staff recommendation based on the City Manager's memo of 15 May. Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter said he would provide members with Mr. Judge's correspondence on the multi-story problem. 7. Notice of Appointments due in June: Mr. Flaherty noted that Ann Pugh has resigned from the Planning Commission which will create an additional vacancy. Mr. Hafter will set up interviews. 8. Planning Commission Agenda for 19 May: No issues were raised. 9. Sign Disbursement Orders: Disbursement orders were signed. 10. Other Business: a. Recreation Path: Mr. Cimonetti said an ordinance will be needed to control the path and to establish rules (e.g., no motorized vehicles, etc.). Also a maintenance plan will be needed. He suggested putting this on a future agenda prior to the grand opening of the path in September. b. Farrell Street: Mr. Cimonetti asked when work on Farrell St. will be completed. Mr. Audette said funding for the sidewalk is in the next budget. There are also some drainage problems to solve. c. Mr. Hafter said the reorganization meeting will be at 7:00 p.m. on 1 June. 11. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board; Mr. Dinklage seconded. Motion passed unanimously. a. Request from State Dept. of Liquor Control for Issuance of 12 month license for Bambino's: Mr. Flaherty noted the State's lawyers feel the city cannot issue a license for less than 12 months. Mr. Condos noted the fence that is supposed to be up by 22 May is not yet up. Mr. Brown said it is due to go up Friday. Mr. Cimonetti questioned what the city can do if the fence doesn't go up, noting the length of the appeal process, etc. It was noted that since the last meeting there have been 4 police calls on problems at Bambino's. Mr. Brown said he had not yet gotten a copy of the agreement on the monitoring of Bambino's activities. Mr. Cimonetti said it was Mr. Brown's responsibility to get a copy. Mr. Dinklage said he felt the city had the mechanism to deal with problems on a timely basis if they should arise. Mr. Dinklage moved the Board grant a 12-month liquor license renewal to Bambino's subject to the Notice of Conditions of Liquor License Approval dated 29 April 1992. Mr. Chittenden seconded. Motion passed unanimously. b. Request for entertainment permit from Bambino's for Country Bands every Thursday, starting May 25, 1992 from 9:00 p.m. until 12:00 midnight: Mr. Brown said they are trying to increase patronage on Thursday which is their slowest night. Bands would be made aware of the conditions. Mr. Cimonetti said he couldn't vote for this, especially since additional problems have already been cited at Bambino's. He felt the Board should wait and see how Bambino's complies with the agreement and whether additional problems occur. Mr. Dinklage said he felt the mechanism was in place to deal with problems if they occur. Mr. Dinklage moved the Board grant the request for an entertainment permit for Bambinos for Country Bands for a period of one month for Country Bands every Thursday starting 25 May 1992, from 9:00 p.m. until Midnight. Mr. Chittenden seconded. Motion passed 3-2 with Messrs. Cimonetti and Condos opposing. c. Request for First Class Beverage License from CHAZ, Hot Cheesecake, 1016 Shelburne Rd, S. Burlington (Redwood Inn): Mr. Hafter said the request was all in order. Mr. Dinklage moved to approve the First Class Beverage License for CHAZ as presented. Mr. Condos seconded. Motion, passed unanimously. Mr. Hafter then presented the following catering permit requests: a. Saga Food of Vermont, Inc for a reception for Medical Faculty of UVM, at Dean Frymoyer's residence, 1275 Spear St, 4 May from 5:30-7:30 p.m. b. Wetherbee's for a wedding at KofC Hall, 13 June, from 7:30 p.m. to 12:20 a.m. c. Wetherbee's for a wedding at KofC Hall, 24 July, from 7 p.m. to 1 am. d. Wetherbee's for a birthday party at KofC hall, 8 August from 6 p.m. to 12:30 a.m. e. Radisson Vermont Corporation for a cocktail reception and dinner for Green Mountain Power Corporation at 25 Green Mountain Drive, on 20 May from 6 to 10 p.m. Mr. Condos moved the Board approve the catering permits as presented. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Hafter then presented a further list of tobacco licenses. Mr. Cimonetti said in view of the confusion involving this legislation, he felt the City should address its concerns over this issue to the State and ask for enforcement guidance. Mr. Dinklage then moved to approve the list of tobacco licenses as presented. Mr. Condos seconded. Motion passed unanimously. Executive Session: Mr. Dinklage moved the Board adjourn and reconvene as City Council in Executive Session for the purpose of discussing real estate negotiations, real property acquisition, personnel and litigation and to resume regular session only for the purpose of signing an agreement. Regular Session: The Council returned to regular session. Jim Condos moved that the City Manager be authorized to sign on behalf of the City the 1st Amendment of the Utilities Agreement draft dated 5/15/92 upon receipt of a suitable agreement that the City shall not pay the cost of constructing any portion of the underdrain in paragraph 2 and a suitable agreement indemnifying GMP as set forth in Paragraph 1 of a draft agreement between GMP, State of Vermont, Park Construction and Knight Consulting. Bob Chittenden seconded. The motion passed unanimously. Jim Condos moved adjournment. John Dinklage seconded. The motion passed unanimously. The meeting adjourned at 11:30 PM. 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