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HomeMy WebLinkAboutMinutes - City Council - 07/10/1995CITY COUNCIL 10 JULY 1995 The South Burlington City Council held a regular meeting on Monday, 10 July 1995, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; Michael Flaherty, James Condos, Robert Chittenden, David Maclaughlin Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Margaret Picard, City Clerk/Treasurer; Wallace Possich, Fire Chief; Ken Dattilio, Jim Robert, Bob Wheel, Bernie Barone, Fire Dept; William Burgess, Planning Commission; Maureen O'Brien, Zoning Board; Sonny Audette, Street Dept; Jeff Rand 1. Comments & Questions from the Audience (not related to Agenda items): No issues were raised. 2. Announcements and City Manager's Report: The following announcements were made: a. Mr. Condos noted that there will be many visitors in town due to the presence of the Governors' Conference, and he extended an invitation to residents and businesses the opportunity to beautify their sites. b. Mr. Cimonetti reported on the findings of the District Court in the Club Fantasy case. He noted the Free Press report had not been totally precise. The law suit had been brought in Federal Court by SBC Enterprises seeking a temporary and permanent injunction against the city's public decency ordinance. The Federal Judge said that court would deal only with federal issues. The Judge then ruled in the city's favor in every instance saying that the Ordinance was not in violation of the U.S. Constitution. He denied both injunctions. As to what happens when SBC opens for business, Mr. Cimonetti noted the Liquor Control Board had granted a liquor permit and an entertainment permit. In each case, the applicant said he would abide by all lawful ordinances, and the court has said the ordinance is lawful. If they violate the ordinance, the city will enforce it. c. Mr. Hafter announced the following: 1. A meeting of the Quality of Life Committee at noon at VLCT headquarters. 2. The Regional Economic Development Committee will meet on 12 July at 11:00 a.m. at the Chamber of Commerce. 3. The city property tax payment is due on 15 July which is a Saturday, so it can be paid until closing on 17 July. 4. The new fiscal year began on 1 July. Thanks to Department Heads, the city ended up almost exactly on target. d. Mr. Audette reported on activities of the Public Works Dept: 1. The rest of East Terrace will be paved on Wednesday. 2. Mowing has virtually stopped because of the drought. 3. The rest of East Terrace will be done this week. 4. Catch basins will be repaired in July. 5. Spear Street will be started in August. It will be widened from Swift St. to the town line. 6. Work will then be done on Proctor Avenue and Brigham Road. 7. Other paving work will be done in September. 8. Swift Street will be done in October along with the rest of the drainage and paving. 9. There are three projects that will not be done: the bridges on Van Sicklen and Poor Farm Road can't be paved until the state does the bridge work. e. Ms. Picard announced that the Board of Civil Authority will meet at 7 p.m. on 13 July and at 7:30 p.m. on 20 July to hear tax challenges. f. Mr. Cimonetti noted the Governor's Conference will be in South Burlington from 29 July through 1 August. It is rumored that the President will attend on 1 August. g. Mr. Condos noted the Twenty-Year Vision for Chittenden County doesn't mention the Hinesburg Rd. Interchange. h. Mr. Condos also advised that he has been elected to the Executive Board of the Solid Waste District. 3. Interviews for Appointments to Planning Commission and Zoning Board of Adjustment: a. Planning Commission: The Council interviewed Bill Burgess and Jeff Rand. Mr. Burgess reviewed his background indicating he had previously served on the City Council before joining the Planning Commission. He is now Chair of the Commission. Procedurally, Mr. Burgess felt comfortable with the way the system runs. He also felt the Board was well balanced and works well. Mr. Rand has been in S. Burlington since 1989 and has formal training in planning. He worked for the Rutland Regional Planning Board for a while then on housing for the mentally challenged. He is now doing building remodeling. He described himself as an environmentalist who is sensitive to property rights. He said he was concerned with the aesthetics of some of the larger subdivisions and felt more attention could be paid to layout. Mr. Flaherty asked Mr. Burgess if there were any resources from the city that the Commission wasn't getting. Mr. Burgess said there weren't. He felt the support from the Planning office was excellent and that they get research and background material needed. He also didn't feel more financial help was needed. Mr. Condos asked if there were any specific things the candidates would like changed. Mr. Rand felt the scale of some subdivisions might be looked at. With regard to more contact between the Planning and Zoning Boards, Mr. Burgess felt this couldn't be a bad idea. He felt the Commission may not always explain the rationale behind some of the zoning as thoroughly as they might. He felt one or two meetings a year might be a good idea. Mr. Chittenden asked if the number of people on the Commission is adequate. Mr. Burgess said it shouldn't be higher. Mr. Chittenden asked about affordable housing and higher density in exchange for added green space. Mr. Rand felt both were desirable. Mr. Chittenden asked how much influence surrounding communities should have in development. Mr. Rand felt Regional Planning should be a forum for that. He felt communities should take into consideration the wishes of other communities on their borders, but he would not want to make this a "legal thing." Mr. Maclaughlin asked if the candidates supported the idea of "growth centers." Mr. Burgess said the Commission isn't supportive or non-supportive. It must go by the rules in place. The Commission can write the plan the city wants. Mr. Rand said he agreed for the most part. He felt all governing bodies can bring about what they want by enforcing regulations. Mr. Maclaughlin noted the controversy over the proposed nightclub on Williston Rd. He asked if the planning process served well or could there be changes that would avoid such problems in the future. Mr. Burgess said there was nothing the Commission could have done. It reviews access, safety, parking, etc. They don't review the kind of entertainment. The Zoning Board can take into account the "character of the neighborhood." He said the Zoning Regs could be rewritten to exclude something like nude bars, but he didn't feel anything else could have been done. Mr. Rand agreed. Mr. Cimonetti noted a new option in Vermont is to have a separation between the planning review process and the writing of zoning regulations and other strictly planning activities. He asked for the candidates observations. Mr. Rand preferred not to see that happen. He felt the two activities were so closely related that people who do the planning know what was meant by the plan and can thus review plans more adequately. Mr. Burgess felt it was an idea to be considered. One merit would be to have planners do Zoning Board review. He felt there would be some gravitation from one board to the other. b. Zoning Board: The Council interviewed Fred Blais, Maureen O'Brien and Sam Hoar: Ms. O'Brien said she enjoyed working on the Board and felt they did a fairly good job. Mr. Blais said he enjoys being part of city government. He felt the Board needed to formalize its rules and procedures, and they have a document on this almost ready to be adopted. There is also a "laundry list" to bring to the Council with such things as types of variances, expansion of non-conforming uses, building heights, etc. Mr. Hoar is new to the city but has been involved in Vermont community service since 1989 in such positions as delinquent tax collector in Hinesburg. He succeeded in getting reforms in place. He felt he could bring his legal background to the Zoning Board. Mr. Maclaughlin asked if the candidates felt the 35 ft. building height ceiling was OK or if it should be higher. Mr. Hoar and Ms. O'Brien said it depended on where the building was. In some places higher buildings may not be appropriate. Mr. Maclaughlin asked if the candidates felt the 5 criteria were well applied in the proposed nightclub use. Mr. Blais said he felt the criteria were covered well. He noted the club had been denied at first. He said questions of use were asked, but he wished he known enough to ask if there were going to be nude dancing. Ms. O'Brien said their concerns had been for parking, etc. If the applicant had been honest and forthright with the Board, she felt they would have been turned down. Mr. Hoar felt the Board couldn't be faulted when the information was not forthcoming. Mr. Maclaughlin asked if Mr. Hoar's legal work would create a conflict of interest. Mr. Hoar said it would be rare. Mr. Condos asked if there should be more input from staff regarding stipulations (from a staff perspective). Ms. O'Brien said she might have a problem with that. She felt staff recommendations were OK. Mr. Blais felt that any facts that might be overlooked should be brought to the Board's attention. Anything else should come from testimony. Mr. Condos asked how the candidates felt about commercial encroachment in residential areas. Mr. Hoar said he would want to judge the specifics of a case. He said the Zoning Board is more interpretative than foresighted in its role. As a property owner, this wouldn't please him, but you have to judge a case on its merits. Ms. O'Brien agreed. Mr. Blais said that "use variances" are almost non-existent compared to earlier days. 4. Continued Discussion on Fire Department Equipment Needs: Mr. Cimonetti noted there was a new report based on questions he had asked. He asked Chief Possich what the department does to assure that equipment is functional on a day-to-day basis. Chief Possich said trucks are started at least twice a week for a full check out. In addition, all trucks are pulled out and run when floors are cleaned every Saturday. They are also started for various rescues. He noted the following non-starting problems: 2 for the tower truck, 1 for engine 4, 2 for engine 3, 1 for engine 1. He also noted that at some times it took several attempts to get an engine to start. There are many problems responsible for this. Most can be fixed by on-duty staff. A truck is off-duty until fixed. The last resort is to ship a truck out to be fixed. Mr. Flaherty said he did not feel qualified to determine what works and what doesn't, and so he would trust the professionals who are qualified. He felt the purchase of a new tower truck was out of range at this time. Mr. Flaherty then moved to empower the City Manager and Fire Chief to spend not more than $400,000 to buy two pumpers in the current budget year to be paid during the first year from the equipment replacement fund with the balance being borrowed. It is anticipated that the equipment replacement fund would be funded so as to be able to repay the debt over the next four years. Mr. Chittenden seconded. Mr. Chittenden felt that vehicle replacement should be from the vehicle replacement fund. Mr. Condos said the Council has to be aware of the need to replace the tower truck in the near future. Mr. Maclaughlin enthusiastically supported the motion. He felt the longer the current vehicles remain in service, the greater the threat to the community. Mr. Hafter said $64,000 is being carried from last year with $42,000 being budgeted as of 1 July. The city can borrow up to four times that amount. The motion then passed unanimously. Mr. Maclaughlin proposed a resolution with regard to purchase of the tower truck. The Chair ruled this out of order as it was attempting to bind the City Council without public hearing to action in another year. Mr. Flaherty asked the City Manager to research the tower truck issue. Members felt this needed to be an on-going discussion. Mr. Maclaughlin moved that the Council state its intent to investigate further a means to replace the tower truck in a timely fashion. Mr. Condos seconded. Motion passed unanimously. 5. Continued Discussion of Provision of Public Records on Electronic Medium: Ms. Picard said that her office charges a penny a name for the check list. They do their own disk. Mr. Cimonetti said the law requires that this information be available for the cost of reproduction. Mr. Picard said the state is looking into this and is going to come up with a number. There is a meeting on 26 July which she will attend. There may be action on this in the next legislative session. 6. Request for Legislative Body Action to Enable City Officials to Utilize new Municipal Ordinance Enforcement Procedures: Mr. Hafter provided the list of officials and their functions with regard to enforcement: Custodial Official: Dick Ward Treasurer: Margaret Picard Issuing Officials: Dick Ward, Ray Belair, Charles Hafter, all sworn police officers Mike Flaherty made a motion to approve the list of officials as submitted, Jim Condos seconded the motion. The motion was passed unanimously (5-0). Mr. Chittenden felt this should be monitored so it is not abused. 7. Discussion of Draft Resolution on City Policy in Litigation Against Individual City Officials Acting in their Official Capacity: Mr. Hafter said the City Attorney asked that this not be adopted tonight so the insurance company can review it. Mr. Cimonetti said the City feels that if an individual is acting in good faith within the law when representing the City, the City should defend that individual when litigation is brought against him/her. The item will be on the next agenda. 7. Consideration of Entertainment Permits: Breakers Billiards, Inc., Windjammer Restaurant, South Burlington Sheraton Hotel and Conference Center: Mr. Hafter reviewed the applications: Breakers will have live music, DJ, billiard demos, and comedy shows from 7:00 PM-1:00 AM. The Sheraton is requesting live music, and the Windjammer will have jazz performances on Fri. and Saturday evenings. Mr. Flaherty moved the Council approve the permits as presented. Mr. Chittenden seconded. Motion passed unanimously. 9. Review Planning Commission agenda for 11 July and Zoning Board agenda for 24 July: No issues were raised. 10. Review Minutes of 19 June: Mr. Condos moved to approve the Minutes of 19 June as written. Mr. Chittenden seconded. Motion passed unanimously. 11. Sign Disbursement Orders. Disbursement Orders were signed. 12. Liquor Control Board: Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. Mr. Chittenden stepped down during the Board's session. Mr. Hafter presented a request for a First Class Cabaret License for Breakers Billiards, Inc. Mr. Hafter noted the application still needs a state food license number. Mr. Flaherty moved the Board approve the First Class Cabaret License for Breakers Billiards, Inc., as presented. Mr. Condos seconded. Motion passed 4-0. Executive Session: Mr. Flaherty moved the Board adjourn and reconvene as City Council in Executive Session to discuss appointment to Boards and Committees, litigation and personnel issues and to resume regular session to adjourn. Mr. Condos seconded. Motion passed unanimously. Regular Session: The Council reconvened in regular session. Mr. Chittenden moved adjournment. Mr. Flaherty seconded. The motion passed unanimously. The meeting adjourned at 11:10 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.