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HomeMy WebLinkAboutMinutes - City Council - 04/15/1996CITY COUNCIL 15 APRIL 1996 The South Burlington City Council held a regular meeting on Monday, 15 April 1996 at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; Michael Flaherty, James Condos Also Present: Charles Hafter, City Manager; Margaret Picard, City Clerk/Treasurer; Lee Graham, Police Chief; Wallace Possich, Fire Chief; Stephen Stitzel, City Attorney; Jon C. Kruger, Debbie Ploof, Police Dept; Samuel Lewis, Cindy Garso, John Booth, VAOT; Lani Ravin, Irene & Christos Condos, Jackie Rozzi, Carolyn Roy, Bill Foley, Dale Azaire, Tom & Sandra Sissel, Lee Wrigley, David Duell, Jim Donovan Mr. Cimonetti noted that although only 3 Council members were present, this did constitute a legal quorum. 1. Comments and Questions from the Audience (not related to Agenda items): No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter made the following announcements: a. There will be a special City Council meeting on 22 April. b. The CCTA Board will meet on 17 April. c. There will be a meeting regarding city reappraisal at 3 p.m. on 23 April. d. The MPO will meet on 24 April at 3:00 p.m. e. An open house will be held by the School Department on 17 April, 4-7 p.m., to show completed work from the recent construction projects at Orchard and Chamberlin Schools and the Middle and High Schools. 3. Interviews With Applicants for Vacancy on Zoning Board of Authority: The Council interviewed Lani Ravin and William Foley for the Zoning Board position. Ms. Ravin said she has a background as an urban planner. Her most recent experience has been in Israel, and she has done some work in Vermont recently. She is a member of the Vermont Planning Association. In Israel, she worked with the equivalent of Zoning Boards and Planning Commissions. She is a licensed architect. As project manager for a planned landfill site in Israel, she dealt with the full regulatory process. Ms. Ravin said she wants to join the Zoning Board to help better the community. Mr. Foley has been a resident of the city for 17 years. He is employed as Credit Analyst with a local bank. He has attended Zoning Board meetings as an applicant and for his own interest. He was impressed with the Board and would like to serve with them. Mr. Cimonetti noted that procedures of the Zoning Board are codified by Statute and asked if either applicant has a working knowledge of what the Zoning Board can and cannot do. Ms. Ravin said she has a basic knowledge. Mr. Foley said he would look to Dick Ward and other Board members for guidance. He said he is familiar with the 5 criteria. Mr. Condos stressed the seriousness of variances and, in particular, noted that "use variances" are illegal. Mr. Cimonetti explained the selection process and thanked the applicants for their interest. 4. Public Hearing on Scoping Study for Kennedy Drive Improvements: Mr. Donovan said that Chittenden County Regional Planning Commission has retained his firm, Lamoureux & Stone regarding possible improvements to Kennedy Drive. Their purpose at this meeting is to listen to comments from the Council and public as a first step in gathering concerns. He noted that this study does not include the possibility of a full Interchange at Kennedy Dr/Dorset St. Mr. Cimonetti said the city recognizes that Kennedy Drive is a principal cross-town link in South Burlington. The city recommended and the MPO voted to have Kennedy Drive included in the listing of the National Highway System because it links I-89 and I-189 to the only international airport in the state. Mr. Lewis said the AOT had been notified by the Federal Highway people that the Essex Junction road was formally approved for entry in the National Highway System, but as yet they have not been notified about Kennedy Drive. Mr. Cimonetti said the city is concerned with the ability of the road to carry the volume of traffic. They are concerned about both the condition of the road and its width. Originally, Kennedy Dr. was a 2-lane road, and it is only in the past few years that certain portions of the road have been widened. There is some question as to whether it has the capacity to carry all the traffic that is not using it and will use it in the future. Mr. Flaherty said Kennedy Drive is the only direct access to the Airport for people from the South. It is also important as the route for Air Freight delivery trucks. Mr. Condos said that pedestrian traffic also has to be looked at. He did not want to see the curb moved closer to the bike path. He felt care had to be taken about pedestrian crossings, specifically at Hinesburg and Williston Roads and near Timberlane/Manor Woods. Mr. Condos was also concerned about getting a northbound entrance to I-89 at this Interchange. He felt it needed to be looked at very soon. He also felt the impact of a full interchange at Hinesburg Rd. should be studied. He said that just to look at the corridor would be a mistake, but he did not want the study to take forever. He noted that the city has put 2 topcoats on the road in the past few years. Mr. Cimonetti noted that the full interchanges at Kennedy Drive/Dorset St. and Hinesburg Rd. are in both the city's Comprehensive Plan and the Chittenden County Regional Plan. Mr. Hafter said that Hinesburg Rd. will be a multi-lane road and that needs to be considered when studying Kennedy Drive. He added that the study needs to look at the end of the bike path at Kennedy Dr/Williston Rd. from the point of view of access. Mr. Hafter noted there is an active, vibrant wetland on Kennedy Drive which the city wants to maintain. Mr. Wrigley felt the northbound on-ramp at Kennedy Drive is very important for the future. Residents asked if there is a planned widening on Airport Drive with increased traffic to the Airport. Mr. Cimonetti said the Airport Commission has done studies on what they will need. Mr. Flaherty said right now there are no plans to widen Airport Dr. Mr. Condos added that the Comprehensive Plan states the city's intention to protect older residential neighborhoods. Mr. Condos also noted that if and when the Southern Connector is built, there is a real possibility that a lot of traffic that currently uses Williston Rd. will use Hinesburg Rd, Kennedy Drive, etc. Mr. Cimonetti added that Williston is now constructing a planned truck route from Rt. 2A, along Marshall Avenue to Shunpike Rd/Kimball Ave. This traffic will come out at Kimball Avenue/Kennedy Drive. Mr. Condos added his concern for landscaping and aesthetics. A resident felt that to keep traffic moving on Kennedy Drive there should be no additional curb cuts along the road. Mr. Cimonetti said there are only a few properties left that would require access. He felt the study could include a documentation of the number of units directly accessed by Kennedy Drive. Mr. Condos said an additional concern is pedestrian traffic at Kimball Ave/Kennedy Drive. Mr. Booth of the AOT said it is their intention to have the study finished by the end of June. Mr. Hafter said he would like the study to look at pull-outs for buses, so they don't stop on the road. Mr. Donovan said they have already looked at minimum requirements for a 4-lane road. The roadway would have to be 46 ft. wide, which would mean a 6-foot widening, all on the south side. There is no right-of-way problem. 5. First Reading of Ordinance Establishing a Street Naming and Street Addressing System in South Burlington; Scheduling of Public hearing: Mr. Hafter introduced Debbie Ploof and Lt. Jon Kruger of the Police Dept. who have been spearheading the E-911 efforts. The State is promising an E-911 system by July, 1997. Every town that wants to participate is being asked to have a uniform street/house numbering system. This will result in 2 main changes: all streets, public and private, will have to have names. All public street names will be grandfathered. They would also like a uniform numbering system for all city addresses. The city is recommending a 50 foot increment for numbering. This will require renumbering of just about every residence and business in the city. People will also have to put 4" number on their homes. Lt. Kruger said the key issue for renumbering is a uniform system. There is no formula in the city now, and condo units are especially troublesome. It is hard for rescue vehicles to locate buildings. There are also still a lot of homes without numbers. GIS mapping will provide the location of every building in the city, also every pay phone as part of the E-911 process. Lt. Kruger noted that at present, South Burlington doesn't even have a basic 911 service but has to go through Burlington. Mr. Flaherty asked if the Post Office is aware of this. Lt. Kruger said they are and have been participating in nationwide efforts with 911 systems. Mr. Condos moved to waive formal reading of the Ordinance and to schedule a public hearing for June 3, 1996. Mr. Flaherty seconded. Motion passed unanimously. Mr. Cimonetti and Council members commended Lt. Kruger and Ms. Ploof for their efforts on Project Good Morning. 6. First Public Hearing on Proposed City Charter Amendment on Elimination of Machinery & Equipment Tax: Mr. Cimonetti explained the history and process for this item. If the voters approve the amendment, it will then go to the Legislature for their approval. The reason for the amendment is to eliminate taxing businesses for machinery and equipment. All new equipment (after 4/1/96) would be immediately exempt. Equipment already on the books would be phased out over a 5 year period. The second change in the Amendment would authorize the City Council to enter into tax stabilization agreements subject to 2 limitations. There would be a 10-year maximum time period and any such action would require a vote of one more than a simple majority of the City Council. Mr. Condos moved to waive reading of the proposed amendment to the City Charter and to approve the first reading utilizing option 2 as proposed in the document. Mr. Flaherty seconded. Motion passed unanimously. 7. Consideration of Approval of the Annual Meeting Warning for 5/21/96: Mr. Condos moved to approve the annual meeting warning for 5/21/96 as presented in the document of 4/11/96, striking option one exempting business property. Mr. Flaherty seconded. Motion passed unanimously. 8. Schedule two public hearings on Proposed 1996 Comprehensive Plan: Mr. Flaherty moved to set the two public hearings on the proposed 1996 Comprehensive Plan for 6 May and 20 May 1996. Mr. Condos seconded. Motion passed unanimously. 9. Consideration of Approval of Annual Entertainment Permits: Mr. Hafter presented renewals for the following: Click here for Permits Mr. Hafter said these have all been reviewed by Fire and Police Departments. There are no Fire Dept. outstanding issues. There are Police comments on Club Fantasy. Prior to last October, there were 54 violations of the entertainment permit. There were none since October until last week. Last week, 4 citations were issued to SBC Enterprises and 2 to individual dancers. Members agreed to consider first all applications except Club Fantasy. Mr. Condos moved to approve the Annual Entertainment for Breaker's Billiards, Cactus Pete's, Ground Round, Holiday Inn, Sheraton, Windjammer, deleting "and other special events" from the Windjammer application. Mr. Flaherty seconded. Motion passed unanimously. Chief Graham then outlined the violations at Club Fantasy in the past week. He said they have a new form of entertainment. They have moved a table to one side of the club, put a mattress with a cover on the table and then have a dancer go to the "couch", lie on it and converse with patrons in the booth. They are charging for this entertainment and are advertising it. Attorney Stitzel said he was told of this on April 27th and sent a letter to the club's attorney asking for a response. The response which came a week later indicated that the club will vigorously defend any allegation that they are in violation of their entertainment permit. After a brief discussion, Mr. Flaherty moved that the Council finish its agenda and then go to executive session to deliberate on the Club Fantasy Entertainment Permit and appointment to the Zoning Board and to take any subsequent action in a resumed public meeting. Mr. Condos seconded. Mr. Sissel asked if the entertainment permit defines what the club can and can't do. Mr. Cimonetti said the application states what entertainment they want to have on the premises. The permit that is then issued states what entertainment is allowed. Club Fantasy was given a notice that this new form of entertainment was not in their permitted approval. Mr. Sissel said that he felt the Council needed to take into account the "perpetual" nature of this offender. Mr. Chris Condos asked what the fines are for violations. Mr. Hafter said the first offense is $100. Subsequent offenses increase by $100 each until a $500 maximum. Mr. Wrigley asked if any fines have been paid. Mr. Cimonetti said no, but there is a court action pending on the first 54 offenses. Mr. Stitzel said a Motion for Summary Judgment was filed in January. Further actions filed and the city is now waiting for a ruling. Mr. Chris Condos commended the Council for their handling of this matter. Councilman Condos said he noticed the tickets indicated the person served had refused to give a name. He recalled that Mr. Cliche had told the Council he would be very cooperative. Chief Graham added that he had gotten a report that one of the managers gave an officer a hard time at the club last night. The motion was then voted on and passed unanimously. 10. Review Planning Commission Agenda for 16 April and Zoning Board Agenda for 22 April: No issues were raised. 11. Minutes of 1 April 1996: Mr. Flaherty moved the Minutes of 1 April be approved as written. Mr. Condos seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement Orders were signed. 13. Liquor Control Board: Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. Mr. Hafter presented new applications as follows: a. First and second class licenses for Cork & Board (L & R Enterprises, Inc.) for both the remainder of the current year and the new year. The application is in order. b. Long Island Pizza, Juniors of South Burlington, Williston Rd., First Class License. All is in order. Mr. Hafter also presented a list of renewals of current Liquor licenses as follows: Members agreed to consider Club Fantasy in a separate action. Mr. Hafter said all of the other applications are in order. Mr. Flaherty moved to approve the 1996 Liquor License renewals as presented with the exception of Club Fantasy and with the addition of first and second class licenses for Cork and Board for 1995 and 1996. Mr. Condos seconded. Motion passed unanimously. Chief Graham said one of the requirements the City Council put on the Club Fantasy Entertainment Permit was to keep a book with entertainers signing that they are familiar with and understand all of the rules. This book was checked today and it appears that names and PID numbers that are written in it do not exist. Mr. Hafter noted that it was a condition of Club Fantasy's Liquor License that they adhere to all stipulations of the entertainment permit. Mr. Flaherty then moved that the Liquor Control Board meet in Executive Session to discuss the Liquor License of Club Fantasy following the City Council Executive Session to discuss the entertainment permit and appointment to the Zoning Board, and that any action taken will be done in open session. Mr. Condos seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. They had decided to offer the May 21 election to make any appointments to the Zoning Board of Adjustment. Mike Flaherty moved adjournment. Jim Condos seconded. The motion passed unanimously. The meeting adjourned at 10:15 PM. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.