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HomeMy WebLinkAboutMinutes - City Council - 06/21/1993CITY COUNCIL 21 JUNE 1993 The South Burlington City Council held a regular meeting on Monday, 21 June 1993, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; John Dinklage, James Condos, William Cimonetti, Robert Chittenden Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Brian Searles, Police Chief; Margaret Picard, City Clerk; Sonny Audette, Street Dept; Bruce O'Neill, Recreation Dept; Ruth Poger, The Other Paper; Frank Murray, Michael Johnson, Robert Andres, Stephen Stitzel, Lou Bresee, Lenore Budd, Robert Rodd 1. Comments & Questions from the audience (not related to agenda items): No issues were raised. 2. Interviews with Applicants for City Attorney Appointment: a. Robert Andres: Mr. Andres stated that his is a 2-man firm that does considerable litigation work. He has been a deputy State's Attorney and was also on the committee that reviewed the proposal to rewrite Title 13. He has a lot of experience with appellate work and has done tax work regarding the sale of property. He also has experience with enforcement. Mr. Andres said he would have no conflicts with other communities as clients. Although he has handled zoning appeals, he has no experience with labor negotiations and has done no Act 250 work. Mr. Chittenden asked if the applicant made an error that had to be corrected would he perform the additional work at his or the city's expense. Mr. Andres said if it was his firm's error, it would be redone at their expense. Mr. Dinklage asked about the applicant's experience in tough personnel issues. Mr. Andres said he worked in the bail bond business and has also represented sexually harrassed employees. b. Frank Murray: Mr. Murray stated he has previously served on the City Council and the Regional Planning Commission. He is currently on the School Board. He has been practicing law in Vermont for 23 years. His firm presently represents the City of Burlington and previously represented Milton, Shelburne, Essex and Winooski. There are 4 partners and 5 associates in the firm. Mr. Murray would be the primary attorney for S. Burlington. Mr. Murray also indicated that any mistakes made by him would be addressed at his firm's expense. c. Stephen Stitzel: Mr. Stitzel said his firm was established with the goal of providing comprehensive legal services to towns, cities, municipalities in Vermont. They now represent 30 entities in the state. He felt the firm can bring advantages to the city at a reasonable price because they deal only with one area of law and have an extensive library on Vermont law topics and the development of municipal ordinances. All of the firm's litigation is municipal litigation and they have represented clients in trial courts, the Supreme Court, and administrative forums (Act 250, Water Board, etc.). They have worked with public sector employee issues. Mr. Cimonetti asked whether the firm had found itself representing two municipalities on opposite sides of a case. Mr. Stitzel said to date they hadn't, but if they did, they would not represent either community in that case. Some of the nearby towns represented by the firm are Westford, Essex Junction, Shelburne, Charlotte, and currently S. Burlington. Mr. Stitzel said they, too, would correct any mistakes made at their own expense. Mr. Flaherty noted that the Council will discuss the appointment of a City Attorney in Executive Session following the meeting. 3. Consideration of First Reading of Ordinance to Regulate Trucks on Spear Street; Set Date for Public Hearing: Mr. Cimonetti suggested changing the 12,000 lb. truck limit to 12,999 as this is the division for registration categories. Both Mr. Cimonetti and Mr. Chittenden felt the Ordinance should pertain between Allen Rd. and Williston Rd. Some of the questions raised involved private commercial vehicles, buses, farm vehicles, and motor homes. Chief Searles noted that large Charter Buses and northbound ambulances from New York have been seen on Spear St. recently. Mr. Dinklage moved that the Council approve the First Reading of the Ordinance to Regulate Trucks on Spear St. as amended to Spear St. north of Allen Rd. and to vehicles over 12,999 pounds, and allowing trucks for pick-ups and deliveries, and to set the second Reading for 19 July. Mr. Condos seconded. The motion then passed unanimously. 4. Presentation from Solid Waste District on drop-off Site: Current Operation and Future Plans: Mr. Terry said they are currently operating 4 drop-off sites at prior landfills and are using a contracted vendor to remove full containers. They are averaging 8 containers over a 5 business day period. There are also 5 recycling containers and average 4 business days on these. It is, Mr. Terry said, a very active site. Mr. Dinklage asked if Mr. Terry felt the current design for a new facility is adequate. Mr. Terry and Mr. Zimmerman felt it was and that it would be easy to use. Mr. Terry highly commended the S. Burlington Street Dept. for its assistance. Mr. Cimonetti asked about garbage left uncovered over night. Mr. Terry said garbage left over night is now covered with a tarp. Mr. Cimonetti asked if this is in compliance. Mr. Zimmerman said tarps are allowed at the landfill. Mr. Cimonetti said that legal or not it is not what the city wants and is not how S. Burlington ran its landfill. Mr. Cimonetti asked when there will be a final facility. Mr. Zimmerman said late October or early November. He said they have not yet applied to Act 250 or to the S. Burlington Planning process. Mr. Dinklage asked why. Mr. Zimmerman said they didn't have a signed contract with S. Burlington until December, 1992 and thus focused their efforts on Richmond and Essex. They picked up the South Burlington project last month. Mr. Dinklage referred to a recent court case in which the State of Iowa was offering to haul away trash for less than tipping fees in the City of Minneapolis. This case may go to the Supreme Court. Mr. Zimmerman said they have heard of such cases and have funds to close the landfill if such a thing occurs here. Mr. Condos noted the District is taking steps on a waste generation fee to protect themselves. Mr. Cimonetti asked how use of the facility by non-members is handled. Mr. Zimmerman said they don't discourage this. Mr. Cimonetti said the city was told this would be addressed and that other issues would be dealt with. The city was also told that other stations would be opened if traffic became more than projected. Mr. Cimonetti then asked for an update from the City Manager at the next meeting. 5. Discussion of Process for Naming New City Park: Mr. Dinklage suggested a contest and members agreed to put a coupon in The Other Paper. 6. Discussion of Options for Authorizing Bicycles to Use City Streets Adjacent to Bike Path: Mr. Hafter noted it is now a local option to allow use of streets. Three areas of the city are affected: Dorset St. south of Kennedy Drive; Kennedy Drive between Dorset St. and Williston Rd., and Swift st. between Spear St. and Dorset St. Mr. Cimonetti felt that Kennedy Dr (Dorset to Williston Rd) was suitable for bike traffic, also Lindenwood Drive. He did not favor allowing bikes on Swift St. or Dorset St. Mr. Dinklage said he would also like to allow bikes on Swift and Dorset Sts. Mr. O'Neill said what the city has is a recreation path with all levels of cyclists as well as walkers of all ages and physical ability. He said all uses are not compatible and felt that competitive bikers are used to riding on roads. Chief Searles agreed. Mr. Bresee said people who train for racing don't ride near bike paths, but there are others who do ride at high speed near the paths. He was concerned with street by street rules. He said it was his experience that when the path served him well he used it; otherwise he didn't. Mr. Dinklage moved to authorize bicycle travel on Kennedy Drive. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Dinklage moved to allow bicycle travel on Lindenwood Dr. Mr. Cimonetti seconded. Motion passed 4-1, Mr. Chittenden opposing. Mr. Dinklage moved to allow bicycle travel on Dorset St. south of Kennedy Drive. Mr. Condos seconded. Motion passed 3-2, Messrs. Chittenden and Cimonetti opposing. Mr. Dinklage moved to allow bicycle travel on Swift St. from Dorset St. to Spear St. Mr. Condos seconded. Motion passed 3-2, Messrs. Chittenden and Cimonetti opposing. Mr. Hafter noted that 4 lanes on Dorset St. will be opened tomorrow. 7. Request for Statement of City Council Support for Attempt by S. Burlington Recreation Path Committee to Have Agency of Transportation Include Bicycle and Pedestrian Improvements in Interstate Bridge Rehabilitation Projects: Mr. Hafter said two projects are very important: Williston Rd. and the bridge over Patchen Rd. Mr. Dinklage moved to support the position of the South Burlington Recreation Path Committee, specifically the two sites in S. Burlington. Mr. Chittenden seconded. Mr. Cimonetti said it was not practical to tell the Agency to do this as part of the projects. Design work is done on those projects and approved by the Feds. It would have to be a separate project. Mr. Bresee asked if that is true, why did they come to them asking for input. Mr. Dinklage withdrew his motion. Mr. Cimonetti felt the Council could go on record as wanting a project to include bike paths on bridges. Mr. Condos said it seemed foolish to rip up bridges twice. Mr. Dinklage moved to support the position of the S. Burlington Recreation Path Committee with regard to including bicycle & pedestrian improvements in interstate bridge projects. Mr. Condos seconded. Motion passed unanimously. 8. Approval of Transfer of Open Space Allocation from General Fund as Included in '92-'93 Budget: Mr. Hafter said that $26,520 would be transfered with $17,000 to be used for debt service on the park. Mr. Dinklage moved to authorize allocation of $26,520 from the general fund to the Open Space fund and to allocate $17,000 of that amount to the reduction of debt service of the 1992-3 budget. Mr. Condos seconded. Motion passed unanimously. 10. Zoning Board and Planning Commission agendas: Mr. Condos expressed concern with item #3 on the Zoning Board agenda, a gas station appeal with dimensional variances. He also questioned item #5, a non- conforming use in an R-4 zone where expansion is requested. 11. Minutes of 16 April and 17 June: Mr. Chittenden moved the Minutes of 16 April and 17 June be approved as written. Mr. Condos seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement Orders were signed. 13. Other Business: a. Mr. Hafter raised the question of Zoning and Planning board interviews and read a list of proposed questions for both boards. Mr. Cimonetti suggested a question about how an applicant sees the interaction between the Council and Planning Commission. He also suggested a question for Planning Board applicants on how affected a citizen must be before the concern has an impact on a decision. Mr. Dinklage suggested asking applicants for both boards if they intend to serve out a full term. b. Mr. Hafter noted the next meeting was scheduled for a legal holiday (5 July). Members agreed to meet on 6 July instead. Executive Session: Mr. Dinklage moved the Council adjourn and reconvene in Executive Session to consider contract negotiations and appointment of a City Attorney and to resume regular session only to adjourn and/or make the appointment of a City Attorney. and/or approve a contract. Mr. Condos seconded. Motion passed uanimously. REGULAR SESSION: The Council returned to regular session. Mr. Dinklage moved approval of an agreement with Oak Creek Investments regarding transfer of development rights from the Calkin Farm pending legal and staff review. Mr. Cimonetti seconded. The motion passed unanimously. Mr. Dinklage moved that the Council accept the proposal for legal services from Stitzel and Page for the three- year period specified. Mr. Condos seconded. The motion passed unanimously. Mr. Chittenden moved adjournment. Mr. Cimonetti seconded. The motion passed unanimously. The meeting adjourned at 10:35 PM. CLERK Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.