Loading...
HomeMy WebLinkAboutMinutes - City Council - 06/05/1995CITY COUNCIL 5 June 1995 The South Burlington City Council held a meeting on Monday, 5 June 1995, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, David Maclaughlin, James Condos Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Margaret Picard, City Clerk/Treasurer; Wallace Possich, Fire Chief; Albert Audette, Street Dept; Dick Ward, Zoning Administrator; Joe Weith, City Planner; Channel 17; Lloyd Robinson, VAOT; F. Flecke, C & S Nedde, D. Chioffi, R. Binch, D. & G. Walters, M. Sutkowski, F. Mazur, D. Jacobson, T. Chittenden, R. Hest, S & D Palmer, K & J. Wrigley, J. Leary, J. Kennedy, N. Marriott, A. Hogan, S. Crowley, R. Bowen, J. Pennington, S. Minter, J. Haire, P. Ward, P. Steinman, P. Boyden, V. Devlin, J. McNamara, J. Jausn, D. Crofut, J. Dinklage, M. & S. Bednar, B. Wessel, H. Brown 1. Comments & Questions from the Audience (not related to agenda items): No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter reported the following: a. The managers of towns negatively affected by the property tax reform plan are meeting to form a plan of their own. b. There will be a "Fleggenheimer Street" meeting on 20 June. c. There are many appointments to boards and committees to be made. Interested persons should send applications to the City Manager. All will be considered. d. The new summer recreation program bulletin is available. e. Tonight's meeting will air on Channel 17 on 8 June at 7:30 p.m., and on 9 June at 1 a.m. and 7 a.m. Mr. Cimonetti announced the following: The city is beginning the city-wide reappraisal effort. The Council intends to ask for an ad hoc citizen committee to assist with the process and will ask for interested parties to serve. Mr. Maclaughlin advised that he and School Supt. Bruce Chattman had taped a half-hour program regarding school issues for Channel 17. Mr. Cimonetti also noted there will be an Executive Session at the end of this meeting to discuss appointments. 3. Presentation from the City Council Recognizing Richard Ward upon His Retirement as a Charter Member of the South Burlington Fire Department with 25 Years of Service: Mr. Cimonetti read the inscription on the plaque and presented it to Mr. Ward. 4. Presentation from Vermont Agency of Transportation on Proposed Charlotte to Burlington Passenger Rail Service; Questions & Comments from the Public: Mr. Robinson began by tracing the route of the proposed service. He then reviewed its history. The line will be located on the Vermont railway which has been owned by the state since 1964. In 1992, Governor Dean appointed a council to look into the future of rail transportation in Vermont. This council recommended to the Governor that there be a Core Rail Network in the state. This was established. The Rail Council also reported to the Governor that they considered the commuter rail line feasible. Initially, the project would be a mitigation measure for traffic during the widening of Shelburne Rd. In addition, the Chittenden County MPO approved the Burlington rail station and included it in its 1995 TIP. Last year, Senator Leahy earmarked $8,300,000 for the project. This, however, was removed from the budget. It will be included again in FY '96. This would insure 80% federal funding of the project. In addition, the State Legislature, by a 2-1 margin, approved $4,600,000 for upgrade of the railroad bed and grade crossings. The Charlotte Selectboard and Burlington City Council have endorsed the project. The rail service would coordinate with CCTA bus service to provide as "seamless" a service as possible. Mr. Robinson then outlined cost estimates as follows: Operating costs would be as follows: It is estimated that ridership would be about 280,000 trips a year. The cost would be $1.00/trip with discounts available for seniors and children. The first 2-year deficit would be paid for by federal funds. After that, it would be paid for by a combination of state and federal funds. No local funds would be used for this. Mr. Robinson cited the following additional benefits for the project: a. possible Amtrak connection b. possible extension to Winooski and Essex Junction c. possible extension to Middlebury and Rutland d. "experiment" with alternate mode to compare with highways There is also the possibility of package trips with the Shelburne Museum and ferry services in Burlington and Charlotte. Mr. Robinson said that currently grade crossings present a safety issue. The project could make the corridor safer and quieter. As to the future of the project, Mr. Robinson stated the following: 1. A major investment study will soon be available (this is required by the Federal Transit Administration). 2. The State is still dealing with Amtrak regarding a proposed western route. 3. More information will be provided to the public and more input will be sought from municipalities involved in the project. Mr. Robinson then showed drawings of possible station concepts. Public input was then sought and the following comments were made: 1. Martin Bednar: Mr. Bednar noted the anticipation is that the project would result in a 1% traffic reduction. He questioned whether this is truly "traffic mitigation." He also noted that $30,000,000 is being spent on the Shelburne Rd. widening project which would represent 99% of traffic in the corridor and $7,500,000 is proposed for 1% of traffic. He felt this was not a favorable comparison. Mr. Robinson responded that peak hour traffic mitigation could range to 5%. He acknowledged that the proposed rail service is not the be all and end all of traffic mitigation for Shelburne Rd. Mr. Bednard then asked if it is true some stations would be located in wetlands. Mr. Robinson said some wetland issues exist for some location but to the best of his knowledge all stations would go through the local site plan process. Mr. Cimonetti said South Burlington would not tolerate stations in wetlands. 2. David Sellers: Mr. Sellers said he was on the state long range transportation committee and does believe in rail transportation. But he felt there were a number of critical issues. He felt there should be better "settlement planning." Towns should locate rail stops near developing communities. 3. Ginny Walters: Ms. Walters noted the original cost figures have been cut in half and that trains would be purchased instead of leased. She asked what had happened to money originally proposed for signals and communication and to half of the original money for grade crossings ($3,000,000). Mr. Robinson explained that different types of railroad cars would be used. The difference in signal is between "hi tech" and the type of signals now being proposed. 4. Dick Jacobson: Mr. Jacobson noted that Amtrak is in big financial trouble and is operating at a large deficit and is having trouble getting federal funds. He believed the entire project is a big waste of money. 5. Bob Hest: Mr. Hest asked if the railway pays any fees to the State. Mr. Robinson said he believed they pay 7% of gross receipts. Mr. Hest asked what becomes of that money. Mr. Robinson said it goes into the transportation fund. Mr. Cimonetti added that from there it goes into the General Fund. Mr. Robinson said some of it is invested back into the rail bed but not enough to keep it up to par. He acknowledge that maintenance has been delayed. Mr. Hest then raised the question of safety of the proposed rail cars. Mr. Robinson said that is being looked into on a crossing by crossing basis. There is money budgeted to deal with those safety issues. Mr. Hest suggested increasing the revenue from the trains. Mr. Robinson said the Governor has said the train would operate for 2 years during the Shelburne Rd. project. If it is not used, it would be terminated. If it is successful to some extent, fares could be increased. Mr. Hest asked why "high rail vehicles" are no longer proposed. Mr. Cimonetti replied they have been deemed unsafe. 6. Tom Chittenden: Mr. Chittenden asked what criteria would be used to determine the project successful or unsuccessful. Mr. Robinson said if it does or does not have 280,000 trips a year. 7. Art Hogan (Regional Planning Commission): Mr. Hogan gave the Council Chair information on job creation, etc., associated with the rail project. 8. John Dinklage: Mr. Dinklage asked the status of the MPO process and its position on the rail service. Mr. Robinson said the MPO vote is scheduled for 28 June. 9. John Pennington (President, Vermont Railway): Mr. Pennington said that in September, 1990, Vermont Railway executed a new lease with the state and has paid $6,000,000 in rent over the years. This has all been invested in state property. He added that the rail bed would last 30-50 years. The project would improve safety at crossings whether commuter rail runs or not. Comment was then solicited from Council members: Mr. Maclaughlin said he still remains pessimistic and feels the project is less about commuter rail and more about upgrading the railroad bed. If this is so, he didn't see the purpose of commuter rail. He said ridership projections remain low. He asked if there were any ideas on increasing ridership. Mr. Robinson said ridership was forecast through a nationally accepted methodology. Of the projected ridership, 35% is estimated to be commuter while the rest would be "discretionary" (those without cars, tourists, etc.). He felt this was a very conservative estimate. He added that ridership could be increased by marketing and by the level of service. Mr. Condos said that on 6 February he had submitted a written list of questions. About half of these have yet to be responded to. Some issues he raised include: cost of upgrading roads for added traffic to train station, capital cost of shuttle buses, parking at train stations, Mr. Robinson said their numbers don't show the need for upgrading roads. The capital cost for shuttle buses is being handled through CCTA who have made a request for federal funds. Failing that, costs would be part of the CCTA funding system. Parking at train stations would be free except in Burlington. Mr. Condos said he is concerned that the state is not using the income from rail beds to maintain the condition of the rail beds. He said he favored the $4,600,000 to upgrade the rail bed and make it safe. He was concerned with tying it to this project. Mr. Cimonetti noted that in the last presentation it was said the trains would be free for two years. Mr. Robinsons said that has been changed to $1.00/ride. Mr. Cimonetti said that in about 9 days Shelburne Rd. carries as much traffic as the railroad would in a year. He questioned whether money should be spent on Shelburne Rd. Regarding the Burlington station, Mr. Cimonetti said that at the MPO it was made clear that that project stands alone. He asked if the commuter rail project functions without that station. Mr. Cimonetti also wanted confirmation that the Sugarbush Express travels at 40 mph. Mr. Cimonetti then raised the question of whether any new sidings would be needed for freight service or only because of the passenger service. Mr. Cimonetti noted South Burlington has given the consultant a list of other possible station sites. Mr. Pennington said the Sugarbush Express would operate at relatively slow speeds most of the time. 5. Public Hearing on Amendment of South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and other shows; consideration of second reading of same: Mr. Condos moved to waive reading of the proposed amendment. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Cimonetti then explained the approval standards for a permit including that the event place no burden on city services. The City Council can set forth conditions for a permit (e.g., hours, security bonds, trash removal, etc.). There would be a $25.00 license fee. The amendment would exempt activities conducted by schools on school grounds and churches for activities on church grounds. There are civil penalties for violations up to $500.00 per day. Mr. Cimonetti then asked for public comment. There was none. Mr. Hafter said there had been no changes since the first reading. Mr. Condos moved to close the public hearing. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Condos moved to approve the amendment of the South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and other Shows as submitted under the City Manager's memo of 31 May. Mr. Maclaughlin seconded. Motion passed unanimously. 6. Consideration of Appeal of Traffic Impact Fee Assessed by Planning Commission; Dorset Street Beverage: Mr. Weith explained that the City's ordinance requires that a road impact fee be paid based on the number of peak hour trip ends. The Planning Commission estimates the number of trip ends. When Dorset Beverage came in for site plan review for expansion, the Commission estimated 9 additional trip ends. The applicant feels it should be less. The number 9 was based on traffic figures submitted by the applicant. The applicant did not include number generated by Switch Hitters (the business that left), but Mr. Weith said he had done actual counts at the business and has found they are generating more traffic than estimated. With further calculations, the figure of 9 still applies. Mr. Kennedy of Dorset Beverage said he has been paying a special assessment fee for the Dorset St. project which would stimulate more business. Now the bad news is there is an impact fee for that business. He said they had felt they were below impact numbers, then they were told they had calculated wrong. Now, it seems to them, they are starting from the beginning again. Mr. Cimonetti said the impact fee is based on the change in traffic. He said Dorset Beverage could choose to use the ITE tables but that would be to their disadvantage. The actual count method would result in less of a fee. He suggested the item be tabled to allow the applicant to talk with the Planner and City Manager and that it be back on the next agenda. 7. Request from the Children's School - Ms. Carol Steinberg - for Consideration of Amendment to the Sign Ordinance to Permit Larger Free- Standing Sign: Mr. Cimonetti noted the sign for the School can be 4 sq. ft. The Council would have to amend the Ordinance or increase the speed limit on the road (which allows a larger sign). Ms. Steinberg said they are a non-profit parent run co-op school which has been in business for 25 years. They are located on the corner of Arbor Rd. and Patchen Rd. They have had a sign that measures 2.5' x 3.5'. This spring a parent called City Hall and was told they could have a 20 sq. ft. sign. They had the new sign made and put it up. Then they were told it was in violation of the Sign Ordinance. Ms. Steinberg noted there is a large sign that obstructs their property. She noted there is a lot of competiton among schools and location and visibility are important. She showed members a picture of the area. Mr. Cimonetti said they can have a new sign that does not exceed 4 sq. ft. or they can put back the grandfathered sign and maintain it (repair it, etc.). He suggested the school people come in and talk with the City Manager. 8. Consideration for Request for Coin Drop from Disabled American Veterans, 17 June 1995: Mr. Boyden said they have done this for three years and have been well received by the public. They use the money to aid veterans. They recently got a bus which transports veterans to medical appointments. Mr. Cimonetti noted the coin drop will be held from 10 a.m. to 2 p.m. He advised the applicant that the Council has stated its intention, perhaps in the next year, to discontinue permits for coin drops in the city. He said the city does get a lot of complaints from citizens and with increasing traffic, it is becoming a problem. Mr. Condos moved to approve the coin drop for Disabled American Veterans on 17 June 1995 and to authorize the Chair to sign the application. Mr. Maclaughlin seconded. Motion passed unanimously. 9. Consideration of Request from Mt. Sinai Temple #3 to Hold a Circus in the Sheraton Conference Center Parking Lot, August 11, 13, 1995: Messrs. Smith and Wall of the Temple noted they had done this last year at another location. The change is to allow for more parking. There would be 2 shows per day. Admission would be free for handicapped youngsters. They anticipate 1800 attendees per show. There will be security. It was noted there is very little other activity going on at that time in the city. They have met with Police and Fire Departments. Performers in the circus will be Shrine groups from Rhode Island with pretty much the same performances as last year (clowns, elephants, tigers, etc.). Mr. Hafter said there were no complaints last year. Mr. Maclaughlin moved that the Council state its willingness to approve the proposed circus in the Sheraton Parking Lot on 11-13 August 1995. Mr. Condos seconded. Motion passed unanimously. 10. Request to Set Tax Rate and Wastewater Rate for FY 95-6: Mr. Cimonetti said the wastewater rate would actually be less than originally thought, 12.35 per 1,000 cubic feet. Mr. Condos moved to set the city tax rate at .831, effective 1 July 1995, and the wastewater rate at 12.35 per 1,000 cubic feet of water use, effective 1 June 1995. Mr. Maclaughlin seconded. Motion passed unanimously. 11. Set Date for First Regular Meeting in July: Members agreed to meet on 10 July instead of 3 July. 12. Apparatus Replacement Report #2: The Fire Chief gave members the new report. Mr. Cimonetti noted this will be acted on at the 19 June meeting in order to give members a chance to read it thoroughly. 13. Review Planning Commission Agenda for 6 June 1995: No issues were raised. 14. Minutes of 15 May 1995: Mr. Condos moved the Minutes of 15 May be approved as written. Mr. Maclaughlin seconded. Motion passed unanimously. 15. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Maclaughlin seconded. Motion passed unanimously. a. Consideration of Approval of Cabaret License for Holiday Inn of Burlington, 1068 Williston Rd: Mr. Hafter said all is in order. Mr. Maclaughlin moved to grant the cabaret license for Holiday Inn of Burlington as submitted. Mr. Condos seconded. Motion passed unanimously. b. Consideration of First Class Restaurant License for DeSimone's Italian Garden, Inc, 972 Shelburne Rd.: Mr. Hafter said all is in order. Mr. Condos moved to approve the license for DeSimone's Italian Garden as presented. Mr. Maclaughlin seconded. Motion passed unanimously. c. Consideration of license for Redwood Cafe, Shelburne Rd: Mr. Hafter noted this was formerly Chaz. All is in order. Mr. Condos moved to approve the license for Redwood Cafe as presented. Mr. Maclaughlin seconded. Motion passed unanimously. d. Consideration of license for Ming's Restaurant: Mr. Hafter said this is the former China Lite now under new ownership. Back taxes have been paid. Mr. Maclaughlin noted that information on who attended the liquor seminar is missing and asked that no action be taken on this application. e. Consideration of Implementation of Special Conditions on the Liquor License of Bambino's, 520 Shelburne Rd: Mr. Brown said he has been at the club on Fridays for the last month. There has been only one police call needed in that time. Things have been handled well by staff . Outside security has been put in the parking lot and there have been no problems. People have been cooperative. South Burlington Police patrol the area and usually try to show up at closing time to encourage people to leave. A sign has been put up requiring ID for non-drinkers and the club is trying to check that they haven't been drinking before they come in. There has been a change in some security personnel. There is now a security person near the phone where the violent incident occurred. Mr. Brown felt they are on track now and that patrons know the seriousness of what has been going on and are amenable to behaving themselves. Mr. Condos said he is not willing to forego the stipulations. Mr. Maclaughlin felt that what is being required is fair. Mr. Brown said they didn't like the stipulation requiring checking of coats and backpacks and felt 9 p.m. was too early for parking lot patrol as customers usually come at 10:30. Ms. Barone said she didn't want the city's police at Bambino's. She wanted them protecting citizens everywhere in the city. She cited recent problems at Stonehedge Condominiums two Fridays ago and felt police should have been more available to handle that incident instead of having to worry about what would happen at Bambino's. Mr. Maclaughlin moved that the Board implement the special conditions to the Liquor License of Bambino's as discussed at this meeting (copy attached). Mr. Condos seconded. Motion passed unanimously. f. Consideration of Approval of Annual Entertainment Permits for the following Establishments and Types of Entertainment: 1. Bambino's (DJ, Country Line Dance Instruction): Mr. Condos moved the Board approve the Entertainment Permit for Bambino's as submitted. Mr. Maclaughlin seconded. Motion passed unanimously. 2. Cactus Pete's (bands): Mr. Condos moved the Board approve the entertainment permit for Cactus Pete's as submitted. Mr. Maclaughlin seconded. Motion passed unanimously. 3. Club Fantasy (recorded, live music, patron dancing, stand-up comedy, TV, videos and arcade games): Mr. Cimonetti read a letter from the applicant delivered today. Mr. Cimonetti said he wanted to know what is different about the entertainment from the time Club Fantasy's application was denied. As the applicant was not present, members felt they could not get this information and act on the application. Mr. Maclaughlin moved to table the application as the applicant continued to show a cavalier attitude to the process. The Board has questions that need answers on this permit and will delay action until the applicant is present. It was further moved that the applicant be advised of this and be invited to attend the next meeting. Mr. Condos seconded. Motion passed unanimously. 4. Franny O's (Karaoke, DJ, Bands): Mr. Condos moved to approve the permit for Franny O's as submitted. Mr. Maclaughlin seconded. Motion passed unanimously. 5. Ground Round (Marco the Magician): Mr. Condos moved the Board approve the permit for Ground Round as submitted. Mr. Maclaughlin seconded. Motion passed unanimously. 6. Holiday Inn (bands): Mr. Condos moved the Board approve the permit for Holiday Inn as submitted. Mr. Maclaughlin seconded. Motion passed unanimously. 7. Jake's (bands): Mr. Condos moved the Board approve the permit for Jake's as submitted. Mr. Maclaughlin seconded. Motion passed unanimously. Executive Session: Mr. Maclaughlin moved the Board adjourn and reconvene as City Council in Executive Session to discuss appointments and to resume regular session only for purposes of adjournment. Mr. Condos 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 11:55 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.