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Minutes - City Council - 11/27/1995
CITY COUNCIL 27 November 1995 The South Burlington City Council held a meeting on Monday, 27 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 (present for part of the meeting), James Condos, Robert Chittenden Also Present: Charles Hafter, City Manager; Stephen Stitzel, City Attorney; Sonny Audette, Street Dept; Peg Strait, Asst. City Manager; Carol Nedde, Sean Cliche, Andrew Macdonald 1. Comments & Questions from the Public (not related to agenda items): No issues were raised. 2. Announcements & City Manager's Report: a. Mr. Condos advised that the Rt. 7 Widening Committee will meet with the Agency of Transportation people. The Agency seems to feel that the Act 250 application can be heard in 1996, and that property in the right-of-way can be appraised in that year. The appraisals will then be reviewed and lighting and landscaping plans done. Necessity hearings should be completed by spring of 1997, and contracts can then be let. It is anticipated that the first construction will be from Bartlett Bay Rd. to Imperial Dr, and that the bid for this can be awarded in the summer of 1997 with construction in the fall of that year. The Agency anticipates that this first part of the work will take 2 full construction seasons. With regard to utilities, the hope is to put most utilities on the east side of the road. The city would like to see the crossing of Shelburne Rd. be done underground, but the state says the city would have to pay 50% of the cost. The state's plans will be presented to the Shelburne and South Burlington Planning Commissions. The state feels there is very little room for landscaping. Mr. Condos felt they do not want to spend money for landscape work. Mr. Condos also felt the state's timetable was optimistic and didn't think there would be a contract until 1998. b. Mr. Hafter reported on the following: 1. Fire truck bids are due tomorrow. 2. The MPO will meet on 29 November 3. The Correction Center Liaison Committee will be meeting to discuss what happens when an inmate doesn't return from a work furlough. 4. The Light Rail Steering Committee will meet on 14 December at 1 p.m., and the Technical Advisory Committee will meet on 7 December. The new estimate for Option 1 is $89,000,000 to build. 5. A pre-budget hearing for the County budget will be held on 11 November at 7 p.m. 6. The grand opening of the Skating Facility will be on 30 December at Noon. Mr. Audette reported that the paving of Spear St. began today. 3. Discussion and Review of Vermont Agency of Transportation "Pruning" of Projects: Mr. Hafter reported that the state feels they have much more work planned than they can do and has thus pruned the list of projects. Projects which still remain for South Burlington are: the U.S. Rt. 7 reconstruction, the I-189 rehabilitation, and the Spear St. recreation path. The projects for S. Burlington that were pruned include: I-89/Vt. 116 interchange, I-89 additional lanes, expanded Interchange 13, U.S. Rt. 2/Williston Rd. widening, Kennedy Dr. reconstruction/widening, S. Burlington/Burlington physical median (from Imperial Dr. to the Burlington line). Members felt that the I-89/Vt. 116 Interchange and the Kennedy Dr. reconstruction and widening were very important to the city, and this information will be conveyed to the State. 4. Review of "White Paper" from L.S. Transit Services on Potential Commuter Rail Passenger Station Sites in South Burlington: Mr. Hafter reported that a potential station site has not yet been selected for S. Burlington. Possible choices include: the Sanel Auto Parts location, Southland Development, Bartlett Bay, and Holmes Rd (which is not feasible). Mr. Cimonetti said the question is whether to consider where people work or where they live, if this is to be a commuter rail. He noted that since the Southland development is not yet completed, it might be able to incorporate a station into that plan. Mr. Condos noted there is to be a large concentration of homes there and also a service road through the project. It also serves retail uses. Mr. Hafter said he didn't feel many S. Burlington people would use the rail system for commuting to work, and felt the retail center at Southland seemed to be a good destination point. Members agreed to give this information to the state. 5. First Reading of Amendment to the South Burlington Sign Ordinance to Permit Enforcement Through the Municipal Ticketing System; Consideration of Setting Public Hearing Date: Mr. Hafter said the Zoning Administrator has requested the Amendment. Enforcement will be civil rather than criminal. The proposed amendment establishes waiver fees and civil penalties. It also establishes a permit system for temporary signs. He suggested a warning for the first offense. Mr. Flaherty felt a warning was reasonable and also questioned whether the fees were high. The City Attorney suggested stretching the offenses to 10 but cutting the fees in half. This would get an offender to the maximum penalty in 10 steps instead of five. (Mr. Maclaughlin arrived at the meeting at this point) The process of enactment of the amendment was then explained. Mr. Flaherty moved to waive the reading of the proposed amendment and to set a public hearing of January 8, 1996 with the changes made at tonight's meeting (a first offense warning and a revised table with 10 levels of criteria). Mr. Condos seconded. Motion passed 4-1 with Mr. Chittenden opposing. 6. Consideration of Motion to take SBC Enterprises, Inc, Request for Amended Entertainment Permit "Off the Table"; Continued Discussion of Same: Mr. Condos moved to take the motion for an amended entertainment permit for SBC Enterprises off the table and bring it back for discussion. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Cimonetti read the proposed motion. Mr. Maclaughlin, maker of the motion, then asked to withdraw his motion. Mr. Chittenden, seconder of the motion, agreed to its withdrawal. The Chair declared the motion withdrawn. Mr. Condos then moved to deny the request for an amended entertainment permit by SBC Enterprises, Inc. Mr. Flaherty seconded. Mr. Cliche advised that Police and Fire Chiefs have looked at his establishment. Mr. Hafter said the Fire Chief has advised that if small tables are located where stars are on the plan and if patron chairs stay where they are, he had no problems from a fire protection point of view. The Police Chief has reported no problems at the club, but noted that fewer tables would make enforcement easier. Ms. Nedde reminded the Council that Mr. Cliche was making his request for the success of his business. She hoped the Council's purpose was not to consider the success of the business as their primary concern but rather to think of moral values first. She said a Supreme Court decision has said that every community has a right to reflect the moral values of the community. She felt the ordinance that allows pasties and G-strings doesn't reflect the moral values of the South Burlington community. She felt the issue of the distance between dancers and patrons is one that does reflect the moral values of the community. She noted that in other communities 8 or 10 feet have been required, and that South Burlington has asked for only 4 feet. She asked the Council not to give up a fraction of an inch of that. Mr. Cliche said he is asking for 18 inches because of the seating capacity and to be able to conduct business in a professional way. He asked for a chance to do this until April, then if there has been a problem, to make changes. In the vote that followed, the motion to deny the request passed 4-1 with Mr. Chittenden voting against. Mr. Cimonetti asked for a written decision to be given to the applicant. (Mr. Maclaughlin left the meeting at this time) 7. Review Planning Commission Agenda for 28 November: No issues were raised. 8. Review Minutes of 6 November 1995: Mr. Hafter noted that on p. 8, Item 10, the work "let" should be "leg." Mr. Flaherty moved to approve the Minutes of 6 November as amended. Mr. Chittenden seconded. Motion passed unanimously. 9. Sign Disbursement Orders: Disbursement Orders were signed. Executive Session: Mr. Condos moved that the Council adjourn and reconvene in Executive Session to discuss contract issues and to resume regular session only to approve a contract and/or adjourn. Mr. Flaherty seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Mr. Chittenden had been excused from the meeting. Mr. Condos moved approval of the 1995-97 Highway Workers' Association contract. Mr. Flaherty seconded. The motion passed 3-0. Mr. Condos moved adjournment. Mr. Flaherty seconded. The motion passed unanimously. The meeting adjourned at 10:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.