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HomeMy WebLinkAboutMinutes - City Council - 01/23/1995CITY COUNCIL 23 January 1995 The South Burlington City Council held a regular meeting on Monday, 23 January 1995, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: William Cimonetti, Chair; Robert Chittenden, David Maclaughlin, James Condos, Michael Flaherty Also Present: Charles Hafter, City Manager; Albert Audette, Street Dept; Don Whitten, WPC Dept; Wallace Possich, Fire Dept; Dick Ward, Zoning Administrator; Stan Wilbur, GarySanty, Dick Jacobson, Paul Andrew Mac Nicoll, John Dirmaier, Debbi Burton, Susan & David Els, Fred Erdman, Philip Kiley, Diane Donohue, Robert Griffin, Paul Grazewski, Pat Reed, Jim Donohue, Wayne Davis, Pauline Beaulieu, Bonnie Housner, Thomas Havers, Anza Myers, Jeff Jackson, Susan & John Geise, Rick Farnham, Don Myers, Beth & Robert Beers, Jim Herrity, Tony Cairns, Eve Thorsen, Edith Brodsky, Vic Ratkus, Charles Patton, John Caulo, Bob Hest, Mara Huber, John Burton, Chris Cavin, Paul Savas, Mary Silverman, Timothy Duff 2. Comments & Questions from the Audience (not related to agenda items): Members agreed to add an executive session to the agenda for the purpose of discussion of contract negotiations. 2. Announcements and City Manager's Report: a) Mr. Hafter announced the following meetings: 1. City Charter Committee, 2 January, 7:30 p.m. 2. Light Rail Steering Committee, 26 January, 1 p.m. 3. Legislative Day, 14 February (Mr. Hafter and Ms. Picard will represent the City) b) Mr. Hafter then introduced Stan Wilbur of Webster-Martin. Mr. Wilbur said Webster-Martin has a new venture, a magazine called "Prospectus." In the first issue, the Dorset Street project was the featured story. Mr. Wilbur gave the city framed copies of photographs used in the article and thanked the City Manager for his help with the article. c. Mr. Hafter said that at the 6 February City Council meeting there will be a presentation on the commuter rail project. Secy. Garahan has been invited to attend. d. Mr. Cimonetti noted that the Agency of Transportation will also be holding a public meeting on the proposed light rail service. Secy. Garahan will be chairing this meeting. e. Mr. Cimonetti also noted that on 25 January there will be public hearings held by the two legislative transportation committees to discuss special projects. The Shelburne Road widening project is among those to be discussed. Mr. Flaherty and Mr. Cimonetti will be attending. 3. Discussion of Draft Lease Agreement Between City and Dorset Park Skating Association, Inc; Consideration of "Intent to Adopt Lease" 30- day notice: Mr. Cimonetti noted a change in state statute last year precludes approval of the lease at this meeting. The Council can, however, voice its intent to approve the lease subject to a 30-day waiting period. During this period, if 5% of the voters request it, a referendum would be held. Mr. Hafter then noted one change in the lease since the last meeting. There had been a question of public use of the facility and Section 13A provides: Ice availability will be comparable to other similar facilities in Chittenden County. Mr. Maclaughlin said he got a "logjam" of calls, overwhelmingly in support of the project. With the new language he felt his concerns had been addressed and he would support the project. Mr. Flaherty said the city owes the group a public thank you for what it has done for the city and its children for the next 30 years. Mr. Flaherty then moved that the City Council express its intent to execute the lease agreement with Dorset Park Skating Association after a 30-day warning of this intent. Further that the Council authorize its Chairman to sign the agreement after that time if no valid petition for public referendum is brought forth. Mr. Chittenden seconded the motion which was then passed unanimously. 4. Discussion of Item Related to Bartlett Bay Wastewater Treatment facility: Mr. Whitten showed members pictures of the facility and said it is running excellently. He said they may want to look into overhaul of some equipment as part of the future expansion plans. If there is no expansion, there will be a need to replace some equipment down the road, but nothing immediately. Mr. Hafter noted that with regard to the noise question, they have isolated the problem to motors on aerators. An attempt will be made to put up some sound panels to deflect the noise away from the neighborhood homes. Mr. Whitten also noted that they are trying to move sludge in a more timely fashion and are doing their best to keep the odor problem under control. 5. First Reading of Emergency Management Ordinance of South Burlington, Schedule Public Hearing: Mr. Hafter said he, Mr. Audette and the Police and Fire Chiefs had discussed some concerns. There is now a single ordinance. There are emergency plans in the city and an emergency director. This new ordinance clearly defines roles and is backed up by the city plan. The City Manager has authority during an emergency. The City Council can then ratify the City Manager's actions. Mr. Condos moved the Council waive reading of the proposed Ordinance, approve the first reading, and schedule a public hearing for 20 February 1995. Mr. Maclaughlin seconded. Motion passed unanimously. 6. Consideration of Preliminary Design Plans for "Fleggenheimer Street": Mr. Hafter noted the plans have to go through Act 250, The Vermont Agency of Transportation and Federal agencies. Mr. Cimonetti noted the cost borne by the city is the opening of the median. Mr. Hafter said this will cost $61,000. There would be no expense to the city for work done on private property. The city would get an irrevo able offer of dedication of the road, but until the city exercises its right to that road, the road would remain a private street. Mr. Audette noted that if that road is built, the sidewalk and bike path would have to be eliminated. Mr. Condos noted that a traffic projection report on this work was not totally favorable. Mr. Hafter said at current traffic volumes, there is no significant difference, but there would be with future increased traffic volumes. Mr. Cimonetti said the road would be a left turn entrance only with no left turn exit. He added that the city could make it a one-way street. Mr. Hafter said Mr. Fleggenheimer knows this. Mr. Condos asked what projects have to come out of the plan in order for this to be built. Mr. Hafter noted there are some funds in the Dorset St. account. Mr. Flaherty asked how long would it take to build. Mr. Hafter said a conservative estimate is 1 year. Mr. Chittenden moved to direct the City Manager to continue getting the appropriate permits and to investigate other possibilities for funding. Mr. Maclaughlin seconded. The motion passed unanimously. Mr. Condos noted the City Center plans show the road but not the median break. He said he was not sure he was convinced that breaking the median is a good thing to do. He said he was concerned with traffic, with paying for the project, and with taking funds from some other projects that needs to be done. Mr. Cimonetti felt that traffic issues would be dealt with at Act 250 and the A of T review. He added that it needs to be clear that the city is not committing to do the project at this time. They are just moving it forward to see if it can be done. This project, like all others, has to go through the capital budgeting process. 7. Request from John Kennedy, Dorset Street Beverage for a bottle Redemption Certificate and a Second Sign: Mr. Cimonetti noted that the request for the sign cannot be honored by the City Council. Mr. Kennedy would have to discuss this with the adjacent landowner. Mr. Kennedy said he has done this and Mr. Munson, owner of the property, won't do it. Mr. Cimonetti cited a state law regarding off-site signs. Mr. Ward said there would have to be a legal right of way across the property so there could be a directional sign. The rules allow for dual signs with dual access. Mr. Kennedy doesn't have dual access. Mr. Kennedy noted his customers are using the next door access. Mr. Cimonetti said it had to be shown there is a second legal access in order to get a second sign. Regarding the question of the redemption center, Mr. Kennedy said he would need to be certified to become a "redemption center." Mr. Ward noted the right to take liquor bottles is restricted by the size of the facility. Mr. Condos added that the City's rules state the redemption part of the business can't exceed 1000 sq. ft. of space and can't be more than 25% of the current business area. Mr. Condos also noted that the applicant represented at the time he got his permit from the Planning Commission that his business would not be a redemption center and that was stipulated in the approval allowing the business. It was noted that a zoning change would be required to make a redemption center allowable in that City Center district. It was agreed to have the Planning Commission revisit this issue. 8. Acceptance of resignation of Mary-Barbara Maher from the Planning Commission: Mr. Flaherty moved to accept the resignation of Mrs. Maher from the Planning Commission and to instruct the City Manager to send a letter of gratitude for her lengthy service. Mr. Condos seconded. Motion passed unanimously. Members agreed to have Mrs. Maher's nameplate mounted and inscribed with her dates of service. 9. Accept resignation of Stephen Kramer from Zoning Board of Authority: Mr. Hafter noted the resignation is effective immediately. Mr. Chittenden moved to accept the resignation of Stephen Kramer from the Zoning Board and to instruct the City Manager to send a letter of gratitude for his service. Mr. Maclaughlin seconded. Motion passed unanimously. 10. Information Items a. Mr. Condos noted the Annual Report of the Dept. of Taxes, Division of Property Valuation which indicated that South Burlington has the 5th lowest average residential tax cost in the County. Mr. Cimonetti added that it also has the second highest number of residential parcels. He attributed the low tax to the city's efforts to maintain a 50-50 balance between residential and commercial property. 11. Planning Commission Agenda for 24 January 1995: No issues were raised. 12. Review Minutes of 5 December and 9 January: In the Minutes of 5 December, p. 2, Mr. Chittenden said he had not suggested a lump sum be given to United Way but had asked the applicant's view about such a possibility. Mr. Condos moved to approve the Minutes of 5 December as amended. Mr. Maclaughlin seconded. Motion passed unanimously. In the Minutes of 9 January, it was noted that on p. 7, paragraph 2, it was Mr. Cimonetti who responded to Mr. Chittenden's question. Mr. Chittenden moved to approve the Minutes of 9 January as amended. Mr. Maclaughlin seconded. Motion passed unanimously. 13. Liquor Control Board: Mr. Chittenden moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. a) Consideration of Waiver of Conditions of Beverage License to extend serving hours from Burlington Billiards: Burlington Billiards feels that since recreation is no longer a prohibited use in the district they shouldn't have limited hours for their business. They are asking for an 8 a.m. to 2 a.m. permit but indicate they will still close at midnight. They do not open until noon. Mr. Condos asked if a lot of students come into the facility. The reply was that the average age from noon to 5 p.m. is over 50. Mr. Condos then asked if there is a "non-alcoholic" area. The applicant said no, but indicated they are proactive with the police in such issues. Mr. Chittenden noted the Police Dept. indicates no problems with this business. Mr. Chittenden moved to eliminate the conditions relative to serving hours from the liquor license of Burlington Billiards. Mr. Maclaughlin seconded. Motion passed unanimously. b. Consideration of Application for First Class Beverage License for PGS Corporation, Chicken Luigi's, 1900 Williston Rd: Mr. Hafter said the application is in order. Mr. Chittenden moved to approve the first class beverage license for PGS Corporation, Chicken Luigi's, as presented. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Flaherty moved to adjourn as Liquor Control Board and reconvene as City Council in executive session for the purpose of discussion of contract negotiations and to resume regular session only for the purpose of adjournment. Mr. Maclaughlin seconded. Motion passed unanimously. Regular Session: The Council reconvened in regular session. Mr. MacLaughlin moved adjournment. Mr. Condos seconded. The motion passed unanimously. The meeting adjourned at 10:45 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.