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HomeMy WebLinkAboutMinutes - City Council - 10/16/1995CITY COUNCIL 16 October 1995 The South Burlington City Council held a meeting on Monday, 16 October 1995, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; David Maclaughlin, James Condos, Robert Chittenden Also Present: Charles Hafter, City Manager; Sonny Audette, Street Dept; Channel 17; Eric Fleggenheimer 1. Comments & Questions from the Public (not related to agenda items): No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter reported on the following: a. Bartlett Bay update: noise baffles have been put up, and there have been no further complaints from residents. b. The Living Technologies Plant is open and in operation. They will be having an open house in a few weeks. c. The city is still trying to work through the state bureaucracy on the Bartlett Bay Treatment Plant expansion. d. The Steering Committee will meet on 26 October at the Community Library e. At the next City Council meeting, members will consider a study from Burlington International Airport. Mr. Hafter gave members literature on this. f. There will be a mock City Council meeting on 18 October at 12:20 p.m. Students will consider the golf course and Southeast Quadrant housing issues. g. The Social Responsibility Committee has only one member at this time and funding requests are now being received from agencies. Mr. Hafter said he would advertise for new members. h. The Rt. 7 Advisory Committee will meet on 19 October at 5 p.m. This project is ready to go to right-of-way acquisition. i. The Recreation Dept. will be holding its Community Hallowe'en Party on 28 October, from 6-8 p.m. at the Middle School. Admission is free. 3. Discussion of status and funding options for Dorset Street Median Break and Public Street at 350 Dorset St: Mr. Hafter said the proposed project has approvals from FHWA, VA of T, the Planning Commission and City Council. There are two remaining issues. When the A of T approved the project, they wanted a public street built at the time the curb cut is made. The city explained that the road wasn't needed right away but that an irrevocable offer of dedication would be secured for the road to be built in the future. Although the state appeared to accept this at the time, another letter has just been received saying they want the road done at the same time. Mr. Hafter said he would get another letter off to the state. The total project cost will be $187,000 of which the median break and curb cut will be $65,000. Mr. Hafter reminded members that this project is not in the city's 5- year road projects plan. Mr. Cimonetti asked what the $187,000 would pay for. Mr. Hafter said it would cover the 150 ft. stacking lane, the widening and flattening of the curb cut, the construction of the road from Dorset St. through to San Remo Drive. There would be no southbound exit from this road onto Dorset St. Southbound traffic would have to use San Remo Drive. Mr. Fleggenheimer said the access would be signed and the median break would not be "friendly" to left turn exits. Mr. Condos said he is troubled by this plan. Dorset St. is working, and he questioned why a median cut is needed if the road is not needed. He felt this action was being taken for the benefit of one property. He also said the project had not been approved by the City Council; the Council had only approved its going to the Planning Commission for review. Mr. Condos said the city doesn't have the $187,000 for the project and he didn't know what could be bumped out of the present plan to accommodate this project. He noted that with other road projects, city policy has always been that developers pick up the bulk of the cost. He said he couldn't support this project as presented. Mr. Chittenden noted that for the first years of the planning of the Dorset St. project, the median was not included but was added later. He said it isn't safe to make u-turns on Dorset St. He felt the road project would maintain a positive image of inviting business to come into South Burlington. Mr. Maclaughlin said that reports he had gotten from retailers is that the design could be user friendly. He said he still had a question about "bottoming out" on the curb cut. He thought the logistics of the street could be improved. Mr. Condos said he felt the proposal was a major alteration and that it might be valid for the future but is now being done to benefit one business person. He noted that although a city street is in the Comprehensive Plan, a median break is not. He said that people he has spoken to love the way Dorset St. is working. Mr. Fleggenheimer reviewed the problems they had trying to get signage to direct people to his business. He felt the proposed project would benefit everyone on the whole block, not just himself. He said it would be a shame to go this far and then not do the project. He reminded the Council of a petition he had with a thousand signatures favoring the median cut. Mr. Cimonetti said the Council first needs to get an answer from the state. He said that this could be a $187,000 question if the state insists on the road being done at the same time as the median break. Mr. Cimonetti asked Mr. Fleggenheimer if he knew of plans for any other retail development on that section of the road. Mr. Fleggenheimer said he did not. Mr. Maclaughlin said he'd like another meeting with the VA of T on this issue instead of just sending a letter back. Mr. Fleggenheimer asked if the project is possible money-wise. Mr. Cimonetti said it would have to be put in the budget. Work would not be done until money is budgeted. The earliest that could be was after 1 July 1996, the start of the next fiscal year. Mr. Hafter noted that the price for the median cut/curb work only does include correction of the "bottoming out" problem. 4. Consideration of request for entertainment permit, Jake's Original Bar & Grill, 1232 Shelburne Rd. (jazz trio, guitar player): Mr. Hafter said the entertainment would be held once or twice a month on weekends. The application is all in order. Mr. Condos moved to approve the Entertainment Permit for Jake's Original Bar & Grill as presented. Mr. Chittenden seconded. Motion passed unanimously. 5. Discussion of City subdivision standards in new and existing industrial developments: Mr. Cimonetti said the road in question is the loop road around the Digital plant. The new owners are planning a multi-lot development and plan to keep the loop road. The question is how the city would approach the question of a complete rebuild of the road. Mr. Audette said the road need curbs and additional drainage. It is only 24 ft. wide. The road itself is not in too bad shape. He encouraged the addition of curbs and widening of the road to at least 30 ft, especially as in an industrial development there will be use by tractor trailers. He felt it is dangerous to start breaking subdivision regulations. He also felt that a sidewalk will eventually be needed and recommended a minimum 60 ft. right-of-way. Mr. Condos said he had a question about the proximity of street lights to the road. He noted the city was sued some years ago because of a accident where street lights were in a hazardous position. He was also concerned about the 24 ft. width of the road. Pavement is starting to get rough as well. He also wanted a minimum 60 ft. right-of-way. Mr. Hafter said that what the Planning Commission really wants to know is whether the Council wants to stick to subdivision regulations. Mr. Chittenden felt it was important to bring the road up to standard as fire and emergency trucks will be going in there. He suggested getting independent borings to be sure the road is up to specs. Mr. Cimonetti suggested the city talk with the developers to be sure the city gets an adequate right-of-way for the 13 business lots to be developed there. He also wanted a plan to tie in a connector to Old Farm Rd. Mr. Audette said that may require a turning lane and more right-of-way. He added that his department is still trying to make up for deficiencies in subdivision regulations from the 1950's. 6. Consideration of approval of Municipal Certificates as to Municipal Bonds to allow city participation in Vermont Bond Bank refunding program: Mr. Hafter noted that this action will save the city $36,000. Mr. Condos moved to approve the Municipal Certificates as to municipal bonds to allow the city's participation in the Bond Bank refunding program. Mr. Chittenden seconded. Motion passed unanimously. 7. Accept the resignation of Ms. Maureen O'Brien from the Zoning Board of Authority and the resignation of Dwight Palmer from the Recreation Committee: Mr. Condos moved to accept the resignation of Maureen O'Brien from the Zoning Board and to instruct the City Manager to send a letter of appreciation for her services. Mr. Chittenden seconded. Motion passed unanimously. Mr. Chittenden moved to accept the resignation of Dwight Palmer from the Recreation Committee and to instruct the City Manager to send a letter of appreciation for his services. Mr. Maclaughlin seconded. Motion passed unanimously. 8. Review Zoning Board Agenda for 23 October and Planning Commission Agenda for 19 October 1995: Mr. Cimonetti noted that on the Planning Commission agenda, the proposed changes to the Comprehensive Plan and Zoning Regulations relating to the Economou land will be discussed. He said that among the changes would be a substantial increase in setbacks. Mr. Condos said he was concerned with this because the proposed golf course could not be accommodated within those setbacks. 9. Approval of Minutes of 2 October and 10 October 1995: Mr. Chittenden moved the Minutes of 2 October and 10 October be approved as written. Mr. Condos seconded. Motion passed unanimously. Mr. Chittenden asked if the Minutes were selective. Mr. Hafter said they are not a word for word transcript of meetings. Mr. Condos asked if Mr. Chittenden had any problems to discuss about the minutes. Mr. Chittenden said he'd like to visit the issue some time. Mr. Condos said if there was a problem, it could be discussed now. Mr. Chittenden said he didn't choose to do so at this time. 10. Sign Disbursement Orders: Disbursement orders were signed. 11. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Chittenden stepped down from the Board. a. Minutes of 5 October 1995: Mr. Maclaughlin raised the question of Mr. Chittenden's name being included as a member of the Board. Mr. Chittenden said he considers himself a member of the Board but has abstained from voting until the issue is cleared up. Mr. Cimonetti said he felt it was clear that the State Liquor Board has said no holder of a liquor license can be a member of a Liquor Control Board. Mr. Maclaughlin then read the portion of State Statute which pertains to that issue. Mr. Cimonetti noted that the Minutes were accurate in stating that Mr. Chittenden had stepped down from the Board during the hearing held on 5 October. He suggested adding a note to the Minutes saying that where there is a question as to whether Mr. Chittenden is a member of the Liquor Control Board, he did step down during the Board's discussions. Mr. Condos then moved the Liquor Control Board Minutes be approved as amended. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Chittenden said that he was stepping down at this meeting but that he had asked the City Attorney to write to the State for clarification and that unless he had something in writing from the state, he would participate in future meetings. b. Consideration of Request for First Class Cabaret License for the Ground Round, 1633 Williston Road: Mr. Hafter said that to the best of his knowledge Ground Round complies with state laws for cabarets. Mr. Condos moved to approve the First Class Cabaret License for Ground Round as presented. Mr. Maclaughlin seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 9:20 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.