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HomeMy WebLinkAboutMinutes - City Council - 11/06/1995CITY COUNCIL 6 November 1995 The South Burlington City Council held a meeting on Monday, 6 November 1995, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; Michael Flaherty, David Maclaughlin, James Condos, Robert Chittenden Also Present: Charles Hafter, City Manager; Sonny Audette, Street Dept; Margaret Picard, City Clerk/Treasurer; Peg Strait, Asst. City Manager; Joe Weith, City Planner; Wallace Possich, Fire Chief; Jim Robert, Bob Wheel, Gary Rounds, Scott Merchant, Fire Dept; J. J. Hamilton, Bob McEwing, Karen Shingler, Sean Cliche, Andrew Macdonald, John Ilich, Dean Economou, Dean Zoecklein; Dale Azaria, The Other Paper 1. Comments & Questions from the Public (not related to agenda items): No issues were raised. 2. Announcements & City Manager's Report: a. Mr. Condos reported that the C. Douglas Cairns Skating Facility is open and was jam-packed for public skating on Sunday. Mr. Cimonetti asked if it has been leased back to the city. Mr. Hafter said the lease has been signed and it will be turned over to the city when all work is done. Mr. Hafter reported on the following: a. The Burlington Parking Council will meet on Wednesday morning to look at the question of parking and access to Burlington. Mr. Hafter is on that Board. b. Mr. Hafter said he will also serve on the Steering Committee of a regional group that is trying to site a new civic center for Chittenden County. c. The Rt. 7 Advisory Committee will meet on 11/16 at 5 p.m. at the Shelburne Town Hall. Mr. Audette Reported on street work being done: a. Van Sicklen Rd. was closed today for about a month so the temporary bridge can be put in. b. The first course of paving is complete on Spear St. and striping has been done. The second course will be done in the spring. c. Paving is done on Meadowood, Twin Oaks North and the hill at Twin Oaks. Swift St. Ext. has been relocated. d. Work to be done includes the rest of Swift St, the parking lot and road at Dorset Park/skating facility, drainage and paving at Mayfiar Park, Lindonwood Dr, and one street at Bartlett Bay. Driveways on Spear St. will be done soon. Seeding will be done in the spring. Mr. Cimonetti asked that intersections be looked at to see if some striping can be done before bad weather sets in. He noted he had heard lots of good comments about work done on Williston Rd. Mr. Condos asked if the Fire Dept. is notified when roads are closed as Van Sicklen has been. Mr. Audette said Fire and Police Dispatch are both notified. 3. Report on Proposed Project at Burlington International Airport: Messrs. Hamilton and McEwing reported on the proposed project. Mr. Hamilton noted that a consultant had been hired to study future needs of the Airport. Their report concluded there were 2 major problems: parking and the overcrowded lobby. The Airport then instructed the consultants to pursue a study for covered parking and an enlarged lobby. A financial study is now being done on the feasibility of the project. If it is economically feasible, the Airport will acquire the approvals needed to do the work. It is estimated that terminal work would cost $3,000,000-$4,000,000 and the parking facility in excess of $8,000,000. Mr. McEwing said the parking lot is now at capacity more times than the Airport would like (14 times during October). Parking needs to go up, not outwards, to accommodate about 1100 vehicles. The proposed design includes some sort of covered walkway from the covered parking into the terminal. The entrance road would be moved closer to Hangar 6 and there would be one less exit onto Airport Drive. Mr. Cimonetti asked if there is anything in the proposed plan that might require a zoning or planning change. Mr. McEwing said everything is fully compliant though there is a question of a setback in one area. Mr. Chittenden asked if passengers could be dropped off before a person parked in the garage. Mr. McEwing said yes. Mr. Condos asked about security at Airport buildings that are now closed. Mr. McEwing said all buildings are checked on a routine basis. He also noted that all the closed buildings will be coming down. Mr. Cimonetti asked about the timing of the decision to do the work. Mr. Hamilton said the economic feasibility report will be made in December and they hope for a decision by the first of the new year. He noted the project will be funded through revenue bonds so there would be no cost to taxpayers. The proposal would be on the March ballot in Burlington. If all goes well, construction would begin in Spring, 1997, and the facility would open the following spring. Mr. Condos raised the question of protecting nearby homes from lights during construction. Mr. McEwing said they would work on that. 4. First Reading of Proposed Amendments to the Comprehensive Plan and Zoning Regulations Affecting 550 Acres of Land Located East and West of Dorset Street, South of Swift Street, and North of Old Cross Road; Scheduling of Public Hearings: Mr. Weith noted that last spring the Council and Planning Commission met together to look at a concept for a golf course/housing development on the Economou property. The Council then instructed the Commission to look at what changes would be necessary to accommodate the project and whether such changes should be recommended. The current proposals are a result of that study. The proposed changes focus on designation of buildable/restricted areas and on the parkland issue. The Planning Commission proposes to leave the designated parkland on the official map but to add some language as to future land acquisition and/or use of that land. This would add flexibility. With regard to the school issue, the Comprehensive Plan currently recommends the city acquire a 15 acre school site. The School Board has said it wants to retain the currently designated site. The Commission has recommended this be done but with added language to make it more flexible so that alternate sites can be considered as long as they are comparable to the present site. The proposal also recommends changing a road location in one segment and changing one road designation from a collector street to a local street. Mr. Weith noted there was a lot of discussion at the Planning Commission's public hearing which resulted in abandoning a proposal to increase setbacks on Dorset St. Mr. Cimonetti asked if a plan is pending at the Planning Commission that involves this land. Mr. Weith said there is. A Preliminary Plat will be heard at the next meeting. Mr. Cimonetti asked how fast that process could be and whether there could be a coinciding of the two processes. Mr. Weith said the Planning Commission cannot review the plan under the proposed zoning changes, so it would have to be heard under existing zoning. Mr. Flaherty moved to waive formal reading of the proposed changes to the Comprehensive Plan and Zoning Regulations and to approve the first reading and set public hearings for 4 December and 18 December 1995. Mr. Chittenden seconded. Motion passed unanimously. 5. Continued Discussion of City Standards for Acceptance of Public Streets in Industrial Developments: Mr. Hafter introduced John Ilich, the new owner of the former Digital property. He noted that questions have arisen about appropriate city standards for streets in the development, more specifically what it would take to make the existing loop road a public street. A cost out has been done and reveals that the cost would be about $278,900. These figures were given to the Economic Development Committee which felt that industrial property should be treated differently from residential and commercial properties in order for the city to remain competitive. The Committee felt the city should obtain a 60 ft. right-of-way and do improvements to widen the street to 30 ft. They also recommended waiving the requirement for curbs and sidewalks. The Committee made a further recommendation that there be separate subdivision standards for industrial developments. Mr. Ilich expressed gratitude for the city's support. He noted how competitive industrial development is. He also noted that it is not typical for industrial parks to have curbs and sidewalks, though he did note this property is different in that there is a history of people walking and jogging in the area. Mr. Ilich said he has no quarrel with the Rec Path easement. But he felt the current road was very adequate for industrial development. The road is 20 years old and does have some signs of wear. He has been told it was built to city standards though borings have not been taken to determine whether this is the case. Mr. Ilich said he would agree to increase the width to 30 ft. He felt that turning lanes may ultimately be needed. He felt curbs and sidewalks were too much at this time. 7. Approval of Vermont Community Development Program Grant Agreement for Pines Housing Project: Mr. Hafter recommended the agreement be approved as presented. He noted it is the same as the agreement for the affordable housing development. Mr. Flaherty moved to approve the proposed Resolution and to authorize the City Manager to sign the agreement for the Vermont Community Development Program Grant. Mr. Condos seconded. Motion passed unanimously. 8. Consideration of Approval of Capital Equipment Refunding Note (Sidewalk Plow) and Resolution on Refunding Borrowing: Mr. Cimonetti noted the note was for $16,000 at 4.75%. Mr. Condos moved the Council sign the Capital Equipment Refunding note and accompanying Resolution. Mr. Flaherty seconded. Motion passed unanimously. 9. Consideration of Entertainment Permit Application, SBC Enterprises, Inc, dba Club Fantasy, 1097 Williston Rd: Ms. Shingler said her client is asking the Council to reconsider the "4 foot rule" that was a stipulation of their permit. She said they believe the portable stages and the main stage should be looked at differently. She noted there is a drink rail of about 12 inches between the stage and the seats. They would be willing to paint an additional line around the stage so that no dancer or patron could cross it. Regarding table dancing, Ms. Shingler said they are not asking for dancers to be on tables that people are sitting at. The "tables" are portable stages that dancers carry with them. They would be willing to limit the number of entertainers to 7 during the week and 10 on weekends. There would be a one foot barrier between table dancers and patrons as well as a height difference. Ms. Singler said they have a video which the City Council can view showing that there are no "cubby holes" or different levels. Ms. Shingler stated that over the last month Mr. Cliche has demonstrated his responsibility and his acceptance of public scrutiny. There has been no underage or excessive drinking. Mr. Cimonetti noted that they are asking to go from 48" to 18" or 12". Mr. Condos said he is having a problem understanding why it is necessary to do this if there is to be no touching of dancers. Ms. Shingler said it allows patrons to sit around the stage at the drink rail. Without this. Mr. Cliche loses 32 seats. Mr. Ilich said he plans to ask for a traffic approval not to exceed traffic approved for the old Digital property. As development progresses, they may have to come back for additional improvements including additional traffic allocation. Mr. Audette expressed his concern that at the last meeting he was told that he would be meeting with the City Manager and others to discuss this situation. He noted that his is the only department that has to live with the results of what is done and that his budget has to make up for deficiencies. He was concerned that he did not get a chance to speak with anyone and that the Economic Development Committee formed an opinion with no input on what it would cost the city if standards were not adhered to. He stressed that taxpayers are today paying for things that weren't done to standard in the 1950's. A member of the audience noted there have been major accidents on Kimball Avenue with people coming out of that road. He asked that something be done on Kimball Ave. as well as on the Digital Road. Mr. Cimonetti explained that Kimball Ave. is not part of the current application. Mr. Cimonetti asked whether the applicant is asking the city to take over the loop road. Mr. Ilich said he is asking that the city accept the street and utilities. He added that the developer would pay for improvements when they go over the threshold of usage. Members felt they could live without curbs and sidewalks as this is an already built facility. 6. Review of Fire Pumper Truck Specification Prior to Issuance: Mr. Possich introduces members of the Pumper Committee. He noted that the specs were not written to favor any one company. Mr. Maclaughlin commended the Fire Dept. on its recent open house. He said he was pleased that the specs included the opportunity for staff to inspect the new aparatus before delivery. Mr. Cimonetti said he was surprised that in several areas the specs don't say "or equivalent." Mr. Possich explained that in some cases this is based on service capability. Mr. Chittenden asked why there is no allowance for a bid on a Caterpillar. Mr. Possich said it would cost $5,000-$6,000 more. He said they are inviting at least 8 bids and hope to get at least 4. There was discussion on various types of engines and equipment. within the 12 inches of the drink rail. Mr. Condos suggested tabling the issue to see the video and to have staff review the request. Mr. Condos then moved to table for staff review. Mr. Flaherty seconded. Motion passed 3-2 with Messrs Chittenden and Maclaughlin voting against. 10. Consideration of Acceptance of Final Let of Brand Farm Drive as a Public Street. Mr. Audette said the road is acceptable. Mr. Chittenden moved to accept the easterly leg of Brand Farm Drive as a public street. Mr. Flaherty seconded. Motion, passed unanimously. 11. Consideration of Acceptance of Commerce Avenue as a Public Street. Mr. Audette said the landscape bond problem has been solved. Mr. Chittenden moved to accept Commerce Ave. as a public street. Mr. Flaherty seconded. Motion passed unanimously. 12. Review Planning Commission Agenda of 11/7 and Zoning Board Agenda for 11/13: No issues were raised. 13. Review Minutes of 16 October 1995: Mr. Chittenden moved to approve the Minutes of 16 October 1995 as presented. Mr. Maclaughlin seconded. Motion, passed 4-1 with Mr. Flaherty abstaining. 14. Sign Disbursement Orders: Disbursement Orders were signed. 14. 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 the Board's actions. a. Approval of Minutes of 12 October 1995: Mr. Hafter suggested a 3 ft. line on the stage which would give the 48 inches. Mr. Cliche said the stage is only 9 ft. wide and that would allow only 1 ft. for dancers to perform. Mr. Condos asked if other stipulations are being adhered to, namely 2 people in the parking lot. Mr. Cliche said they are. Mr. Condos then reported that a parent had contacted him about an incident in which 3 people from Club Fantasy came into a neighboring business and intimidated a person who worked there because of what he had said about Club Fantasy. Mr. Cliche said it was not a threatening situation. He just brought his manager over to try to resolve it. He said it wasn't a big deal. Mr. Condos said that was not the way he heard it. Mr. Maclaughlin felt that in fairness to the applicant the Council should view the video tape. Mr. Cimonetti asked how the club controls where portable stages go. Ms. Shingler said they could mark the floor where stages could be placed. Mr. Condos noted patrons could move their chairs closer to the dancers. Mr. Cimonetti said that a 48 in. separation is much easier to see than a 12 inch. Ms. Shingler said you can see from anyplace in the club whether the separation is being met. Mr. Cimonetti said that with 10 different dancers in 10 different locations, it would be hard for a law enforcement person to see there is no violation. Mr. Condos said it sounded impossible. Ms. Shingler said dancers are not surrounded by patrons. Mr. Cliche said the place is very small and you can see everything from every point. Officers can see the whole area when they walk in. He said the waitresses are actually closer to patrons than the dancers. Chief Possich said if the portable stages not in the main exit runways, there is no emergency hazard. He said at his last visit, all codes were being met. Members then viewed a floor plan. Mr. Maclaughlin then moved that the stipulation that there be 48 inches between patrons and the edge of the stage be changed to 18 inches to consist of a 12 inch barrier of the drink rail plus a line to be marked 6 inches around the stage from the edge of the stage. Mr. Chittenden seconded. Mr. Condos said he didn't see how that could prevent touching of dancers. Mr. Hafter noted that if a person reached for a drink, the 18 inch barrier was already being violated as drinks were located Mr. Cimonetti noted the correct spelling of Judge Bryan's name. Mr. Flaherty moved the Liquor Control Board Minutes of 12 October be approved as amended. Mr. Condos seconded. Motion passed unanimously. Executive Session: Mr. Condos moved the Board adjourn and reconvene as City Council in Executive Session to discuss Litigation and Contract Negotiations and to resume regular session only to adjourn. Mr. Flaherty seconded. Motion passed unanimously. Regular Session: The City Council returned to regular session. Mr. Condos moved adjournment. Mr. Chittenden seconded. The motion passed unanimously. The meeting adjourned at 11:50 PM. COUNCIL CLERK Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.