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HomeMy WebLinkAboutMinutes - City Council - 08/21/1995CITY COUNCIL 21 AUGUST 1995 The South Burlington City Council held a meeting on Monday, 21 August 1995, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: William Cimonetti, Chair; James Condos, Michael Flaherty, Robert Chittenden, David Maclaughlin Also Present: Charles Hafter, City Manager; Raymond Forsell, James Ploof, Fire Dept; Lee Graham, Police Chief; Tom Fraga, Police Dept; Chet Welch, Vt. Army Guard; Bruce O'Neill, Recreation Dept; Sonny Audette, Street Dept; Lou Bresee, Don Miner, Lenore Budd, Recreation Path Committee; Moe Cloutier, Elena Boccuzzi, Pat & Peter Austin, Brian Shea, Karen Cloutier, Palmer Irish, Dorothy Whitney, Fred & Kay Hannon, Shirley Murray, Sue Palmer, Kevin Baillargeon; Tom Moreau, Solid Waste District 1. Comments & Questions from the Audience, not related to Agenda Items: Mr. Baillargeon questioned what is to be done with his driveway due the problems created by the redoing of East Terrace. Mr. Hafter said that if the Planning Commission agrees that he can go through Wesco's driveway, that would be the solution. Mr. Maclaughlin noted Mr. Baillargeon has a new driveway but the pitch is still too steep. Mr. Cimonetti suggested Mr. Baillargeon and Mr. Hafter meet on this during the week. 2. Announcements/City Manager's Report: a. Mr. Hafter noted the next City Council meeting will be 11 September. b. There will be a notice to Proctor Ave. residents about the road paving. c. Red Rocks Park closes 27 August. It has been an excellent year despite several closing due to fecal matter. This was attributed to the heat and will be watched in the future. d. Mr. Condos noted the Solid Waste District meeting is Wednesday at 7 p.m. 3. Presentation of Employee Incentive Award to Chief Lealand Graham from Vermont National Guard: Mr. Welch presented the award to Chief Graham in appreciation of the time allowed for a police employee to come to Guard meetings. 4. Consideration of Surfacing the Gravel Portion of Recreation Path Between Farrell Park and Lindenwood Drive: Mr. Miner said the committee was asked by the Council in January to look at the unpaved portion of the path and to consider all possible alternates. They have now done this and also walked the path and talked with the consulting engineer. Their recommendation is that this part of the path be paved (it is currently crushed gravel). Mr. Cimonetti said a note has been received from residents expressing disappointment with this recommendation. He noted the Council received the report of the study results indicating what is wrong with the alternatives considered. Mr. Cloutier said there have been both good and bad effects of the path, mostly good. He added that residents believed it was a temporary solution. The problem is the close proximity to homes. Sometimes people on the path disturb residents. It changes the character of the neighborhood and they feel it diminishes the effectiveness of the Neighborhood Watch. Mr. Cloutier said he personally uses the path but feels there is a price to pay for it. He added that if that section is paved, it will increase bike and roller blade traffic, and roller blades are especially a problem with the narrow street. He asked what the Council can do to guarantee that if it is paved and it "turns sour," the problem will be solved to residents' satisfaction. Mr. Cimonetti asked the committee to outline the alternatives that were considered. Mr. Miner said they considered 5 options: a) pave as originally planned - this was the least expensive, quickest, and was promised to the citizens of the city b) leave as is - this is the "easy way" and does not provide a pleasant experience for users c) pave to Swift St. and leave gravel as is - this could reduce traffic on Lindenwood Dr. but does not provide a connection to Red Rock Park d) identify another path route - no alternative was found. They looked at Brewer Parkway which had more problems and more traffic. It's hilly with gullies, as well. e) pave as originally planned and pave to Swift St. Mr. Cimonetti raised the possibility of using Swift St. Mr. Miner said that for about 50-60 yards the right of way is 100 ft. Then it narrows to 50 ft. for about 300 yards and you have to go up a ridge. It would involve taking out soil and putting in a retaining wall. There are also curb cuts with businesses and a gas station. He felt it would be very difficult. The committee looked at the possibility of going behind Vermont Gas. This would require 4-6 easements, then the path would have to cut across two business properties' parking lots. Mr. Bresee said there is also a wetlands consideration. An alternate would be to put the path down the back of the Lindenwood lots. A resident noted there aren't many bikers coming over the crushed rock now. He asked if police patrol the path in cars. Mr. Cimonetti said no. Another resident noted they have had double the number of bikers this year which is very hard on drivers. Mr. Hafter said they can solve the problem of vehicles on the path as they are clearly breaking the law. Mr. Wrigley suggested some fencing to be sure it remains only a bike path. One resident said she hasn't opened her front door since this happened and keeps the blinds drawn. Some bikers, she said, are very rude. Another resident noted it is dangerous coming onto their road because bikers were taking up the road. Mr. Hafter said the city will be resurfacing Lindenwood and will widen the access at Shelburne Rd. by 4 feet which will make it safer. Mr. Cimonetti added that the city-owned right-of-way is sufficient to set off a separate lane for bikes, but the residents had asked that this not be done. It would, he felt, solve safety issues. A resident suggested two options, one on Swift St. and one on Lindenwood. Mr. Cimonetti said the next phase of the path will go into Farrell Park. It might provide an alternative for people to go north and there might also be an option for people to go to Red Rocks. Mr. Chittenden said it would be wrong to pave the area just because it's quick. He said it was supposed to be a temporary route and it is not comfortable for people who live on the street. He felt there are better options. Mr. Flaherty felt that the third option (paving to swift and leaving the gravel) was workable. He asked residents if that would satisfy them. Residents said it would. Mr. Condos stressed that the city tried to find another site but issues of cost and safety need to be considered as well. He said the driveways on Swift St. have far more traffic, and Lindenwood was used because it has less traffic. Mr. Maclaughlin said he would favor the third option with the gravel being maintained and keeping an access to Red Rocks Park. He suggested trying to educate cyclists to be good neighbors and also better signage. Mr. Cimonetti said he didn't know if an alternative could ever be found. He said there are 13,000 people in the city and a few live on Lindenwood. For most of the neighborhood, the path is a positive experience. In Vermont law, you can't say bikes must stay out of a neighborhood. Bikes are allowed to use all public roads. Mr. Miner responded to Mr. Chittenden's concern that the committee wasn't showing concern for residents. He said lots of nice people use the bike path, and they are also citizens of South Burlington. Mr. Bresee said the committee would be willing to work with residents regarding the marking of the street. He stressed that there were a lot of hours spent trying to resolve this. Mr. Cloutier felt there should be a sidewalk at least on the south side of Swift St. It would help connect to Red Rocks and to the Burlington path. Mr. Flaherty moved the City Council direct the City Manager to take the third option and pave to swift St. and leave the gravel as it is. Mr. Maclaughlin seconded. Motion passed unanimously. 5. Discussion of Channel 17/CCTV Relocation Possibilities: Mr. Maclaughlin said that after talking with Lauren Glenn and Board members he found out that space is very cramped and it is time for them to think about expanding to find a place for Channel 17/CCTV to perform its functions. He suggested getting the Economic Development Committee to work on this to see if there is a suitable place in S. Burlington. Mr. Hafter will send a message to the Economic Development Committee on this. 6. Appointment of Voting Delegate to VLCT Fair: Mr. Cimonetti noted that in the past Peg Picard has served in this capacity and is willing to do so again. Mr. Condos moved that Peg Picard be appointed voting delegate to the VLCT Fair. Mr. Flaherty seconded. Motion passed. 7. Consideration of Approval of Capital Improvement Funding Notes & Related Borrowing Resolutions: Mr. Condos moved the Council approve the Note and Resolution for the Bucket Loader in the amount of $7,000 at 4.8% interest, and that they sign the Resolution. Mr. Flaherty seconded. Motion passed unanimously. Mr. Condos moved the Council approve the Note for the Fire Station Doors in the amount of $9,500 at 4.85% interest and that they also sign the Resolution. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Condos moved the Council approve the note for the Exhaust Removal System in the amount of $17,000 at 4.65% interest and that they sign the Resolution and non-arbitrage certificate. Mr. Flaherty seconded. Motion passed unanimously. 8. Consideration of Acceptance of Slocum Street as a City Street: Mr. Hafter said this is a 230 ft. road off Barrett Street. Mr. Condos noted in the past there have been problems with storm drains and catch basins after roads are accepted. He asked what is being done to prevent roads from caving in. Mr. Hafter said they have a new system and there is a one year performance bond. Mr. Condos moved to accept Slocum Street as a city street. Mr. Maclaughlin seconded. Motion passed unanimously. 9. Introduction of Tom Moreau, New General Manager of Chittenden Solid Waste District: Mr. Condos introduced Mr. Moreau, noting he had been Director of the Waste Water Division in Burlington. Mr. Moreau noted that 5 years ago this was a 4-person district with a $145,000 budget. The budget is now $13,000,000. This year they will go through a mid- budget program to see if the process can be streamlined. Mr. Moreau showed the map of facilities, noting that the interim landfill closed Saturday. The District had gotten 32 months use from it and made a $4,000,000 fund balance. With that balance they opened a transfer station that has the ability for both rail and truck access. There is now a contract with Randolph for 2 years with a possible 1 year extension. The cost of going to Randolph is expensive because of transportation. The district has purchased property just east of where they are now and are in the middle of the design process. It appears to be feasible to put a landfill there. It may be possible to lower the tipping fee. The site would only be usable for 6 years. They will go to the voters in March for a bond issue. In July, the District will open a special facility for special waste such as demolition material. As of July, the materials recycling facility will pay haulers to bring in materials. Mr. Cimonetti asked if there is a chance to do that for individuals. Mr. Moreau said they are looking into that. Mr. Condos noted Chittenden County is 5 years ahead of the state mandate to recycle 40%. They are now doing 45%. Regarding the Hinesburg Sand & Gravel site, Mr. Moreau said they have tried to negotiate, but have been unsuccessful. They have also looked at 7 other facilities and there is always a flaw. The Babcock facility is the only one without a "fatal flaw." The feeling is the federal courts will wait on the Hinesburg Sand and Gravel suit. The sludge plant is now operating effectively and they are working with some local people to purchase the product. Mr. Moreau explained the problem with Burlington's sludge; if it is solved, the sludge can be marketed nationally. Mr. Cimonetti said the District has the right to refuse Burlington's sludge. Mr. Moreau said that's possible, but Burlington provides 60% of the incoming product and their tonnage allows the plant to operate effectively. Mr. Hafter added that the city is working with the District on this. Mr. Cimonetti said it should be on an Agenda for discussion. Mr. Moreau said there has been a tremendous improvement in the odor problem. 10. Consideration of Entertainment Licenses for Jake's Original Bar and Grill, 1233 Shelburne Rd (Jazz Trio, Guitar Player) and SBC Enterprises Inc, dba Club Fantasy, 1087 Williston Rd (live entertainers, male and female dancers, no nudity): There were no representatives present from either applicant. Mr. Flaherty moved to table the two requests as no representatives were present to answer questions. Mr. Condos seconded. Motion passed unanimously. 11. Review Planning Commission Agenda for 22 August and Zoning Board agenda for 28 August: No issues were raised. 12. Minutes of 7 August: Mr. Condos moved to approve the Minutes of 7 August as written. Mr. Flaherty seconded. Motion passed unanimously. 13. Liquor Control Board: Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Chittenden stepped down during this discussion. Mr. Hafter presented cabaret license requests from Jakes and Howard Johnsons. He said they meet the criteria for separate enclosure. Mr. Flaherty moved the Board approve cabaret licenses for Jake's and Howard Johnson. Mr. Maclaughlin seconded. Motion passed unanimously. 14. Sign Disbursement Orders: Disbursement orders were signed. Executive Session: Mr. Condos moved the Board adjourn and reconvene as City Council in Executive Session to discuss potential litigation, appointments and contract negotiations and to resume regular session only to make appointments and/or sign a contract and/or adjourn. Mr. Flaherty seconded. Motion passed unanimously. Regular Session: City Council returned to regular session. Dave MacLaughlin moved to instruct the City Manager and City Attorney to seek an injunction for violation of the Entertainment Ordinance and any violation of the Indecency Ordinance to prevent any other violations by SBC Enterprises, Inc. d/b/a Club Fantasy. Jim Condos seconded. The motion passed unanimously. Dave MacLaughlin moved to adjourn as Council and meet as Liquor Control Commission. Jim Condos seconded. The motion passed unanimously. Robert Chittenden stepped down. Dave MacLaughlin moved to schedule a hearing on possible revocation of the Liquor License issued to SBC Enterprises on September 18, 1995. Mike Flaherty seconded. The motion passed unanimously. Jim Condos moved to enter executive session to discuss contract negotiations and appointments to Boards and Commissions. Mike Flaherty seconded the motion passed unanimously. Regular Session: Jim Condos moved and Mike Flaherty seconded the following appointments: The motion passed unanimously. Jim Condos moved the approval of the Police Association two (2) year contract 7/1995 - 6/1997. Mike Flaherty seconded. The motion passed unanimously. Bob Chittenden moved adjournment. Mike Flaherty seconded. The motion passed unanimously. The Council adjourned at 11:20 PM. COUNCIL CLERK Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.