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HomeMy WebLinkAboutMinutes - City Council - 06/17/1996CITY COUNCIL 17 June 1996 The South Burlington City Council held a meeting on Monday, 17 June 1996, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, Robert Chittenden, Terry Sheahan Also Present: Charles Hafter, City Manager; Sonny Audette, Street Dept; Margaret Picard, City Clerk/Treasurer; Peg Strait, Asst. City Manager; Michael Flaherty, Peter Jacob, Sean Cliche, Andrew Macdonald, Karen Shingler, Carol & Steve Nedde, Lee Wrigley, Tom Sissal 1. Comments & Questions from the Audience (not related to Agenda Items): No issues were raised. 2. Announcements & City Manager's Report: Mr. Cimonetti advised of an MPO meeting Wednesday, 19 June at 3 p.m. in S. Burlington City Hall. Mr. Hafter reported the following: a. He and Mr. Audette will be attending a nationwide interactive TV presentation on "Livable Streets." b. The Living Technology Plant grand opening is 1 July. The plant is currently operating at 80,000 gallons per day and is looking good. c. A notice about the city-wide reappraisal went out with the tax bill. There will be a public meeting on 10 July at 7 p.m. in City Hall. Appraisers will be present to answer questions. Mr. Audette reported the following: a. The new Dorset St. sidewalk is being done in conjunction with the Dave DuBrul development. The developer gave the city the money for the project. Mr. DuBrul will landscape behind the sidewalk and the city will plant in front. A grant has been received for the landscaping. b. Another parking lot is being put in at the Swift St. Extension across from where the bulldozer is. This will eliminate parking on Swift St. Another lot was built at the north end of the road. The is will help alleviate problems at the skating facility. Landscaping will be done around the park shelter as soon as the weather improves and the ground dries. Mr. Audette said there will be a need for more parking at the park as events are added. Gravel is being used for the lots. The city is getting recycled concrete from the landfill which is being obtained without cost. Mr. Cimonetti asked what it would cost to pave the 2 new parking lots. Mr. Audette said between $4,000 and $5,000. Mr. Condos asked if there is any plan to reseed the Dorset St. median. Mr. Audette said that will be done. Mr. Hafter noted the Lions Club held a Family Fun Run at the park last week which was a big success. The "National Night Out" will be held on August 6th, and plans are to make it an even bigger event than last year. 3. Consider appointments to the Planning Commission to fill two unexpired terms: The Council interviewed Mike Flaherty and Peter Jacob who have agreed to serve on an interim basis until the Council can go through the process of advertising and interviewing for the positions. Mr. Cimonetti noted that the 2 vacancies on the Commission occurred when Messrs. Austin and Sheahan were elected to the City Council. It is necessary to fill the positions on an interim basis to be sure that applicants and the city are not put in jeopardy if the Commission does not have a full board. Both Mr. Flaherty and Mr. Jacob said they were happy to serve on this basis. Mr. Chittenden felt they were the two most knowledgeable people in city government and supported the appointments. Mr. Condos moved to appoint Michael Flaherty to the unexpired term which runs through June, 1996 and Peter Jacob to the unexpired term which runs through June, 1998 on the Planning Commission. Mr. Sheahan seconded. Motion passed unanimously. 4. Discussion of Financing Options for New Fire Engines: Mr. Hafter said the cost is about $400,000. There is $100,000 in the fire equipment replacement fund. The balance can be financed for 4 years. The city solicited bids for financing the balance. Two financial institutions responded, offering two options, one on a year to year rate, and one on a 4-year guaranteed rate. The low bid is from the Chittenden which offered 4.1% for the first of 4 years or 4.75% fixed rate for 4 years. Mr. Hafter recommended the 4.75 4-year rate. Mr. Cimonetti asked if the city had thought of using the money budgeted for the fire equipment fund and borrowing less. Mr. Hafter said he believed the city can earn more by leaving that untouched. Mr. Condos noted the new fire trucks are very impressive. Members agreed with the City Manager's judgment on the financing package. 5. Consideration of First Reading of Ordinance to Amend the South Burlington Motor Vehicle and Traffic Regulations to Establish a No Parking/No Standing Zone on the East Side of the Northern End of Airport Drive; Schedule Public Hearing on Same: Mr. Hafter said the city received a petition from the 20 residents of Airport Drive at that location about loud music, drinking and drug activity. The Police confirm there have been problems which have gotten worse in the last few years. Mr. Cimonetti read the proposed wording. The No Parking/No Standing Regulation would be in effect between 9 p.m. and 6 a.m. Mr. Condos moved to approve the first reading of the proposed ordinance and to schedule a public hearing on 15 July. Mr. Chittenden seconded. Motion passed unanimously. 6. Consideration of Budget Amendment to Line Item 100-10-3200-65.66 C/M Legal Services: Mr. Hafter explained that this item would be exceeded by $29,000 which will be offset by a surplus from line item 100-21-2000-40.00. Mr. Condos moved to approve an amendment to the budget to show an increase of $29,000 to line item #100-10-3200-65.66 and the applied surplus from line item #100-21-2000-40.00. Mr. Sheahan seconded. Motion passed unanimously. 7. Consideration of Entertainment Permit Application from North Country Clubs, Inc, dba "Club Baja," 1087 Williston Road, current site of Club Fantasy; Karaoke, DJ, Bands: Mr. Cliche said the environment would be like Franny O's. The large stage will be removed as will be poles. There will be patron dancing, a live DJ. The Club would cater to an "after hours, weekend, adult crowd," though the club will also serve lunch. They plan to open in early July. Mr. Cliche said he has no intention of provided "non-patron" dancing entertainment. No employee or contracted person will be dancing. Mr. Condos asked what will replace the stage. Mr. Cliche said there will be a dance floor. He said he would also decrease the number of tables for more standing room. Mr. Condos noted the approval from the Planning Commission is for 150 seats. He asked if that would be increased. Mr. Cliche said it would not. Mr. Condos asked if there are 2 handicapped parking spaces, as required. Mr. Cliche said he currently has one. Mr. Condos noted the applicant is asked to open from 11 a.m. which will require going back to the Planning Commission and Zoning Board. Ms. Shingler said her client will do what is required. Mr. Condos recalled that the 5:30 opening was decided upon due to traffic considerations. Mr. Cliche said he has done a traffic study and he does not feel they will go over the allowable traffic. Mr. Condos noted the prior approval said that no person under 21 would be allowed in the club. He asked if that was adhered to. Mr. Cliche said no patron under 21 was allowed. There were employees under 21. Mr. Condos asked if Mr. Cliche is a stockholder in the corporation. Mr. Cliche said he is in partnership with Andrew Macdonald. Mr. Condos asked if there are any other Board members. Mr. Cliche said there are not. Mr. Cimonetti recommended deliberating in Executive Session and announcing the decision in open meeting. Mr. Doscher said he was willing to give people a second chance but he was concerned about the club getting into the same problems as in the past. He encouraged the Council to really scrutinize the application and to have the club visited to be sure they are complying. Ms. Nedde expressed appreciation for the Council and how they have handled the Club Fantasy situation. She agreed with Mr. Doscher. Mr. Sissal encouraged the Council to continue to provide the foundation for the quality of life in the community. He noted that Club Fantasy tried to exceed the limits for their advantage and he felt the Council should be careful about what they grant. Mr. Nedde echoed Mr. Sissal's concern. Mr. Chittenden moved that the Council deliberate on the Entertainment Permit request in Executive Session. Mr. Sheahan seconded. Motion passed unanimously. 8. Review Planning Commission Agenda for 18 June and Zoning Board Agenda for 24 June: No issues were raised. 9. Review Minutes of 28 May and 3 June: Mr. Chittenden moved to approve the Minutes of 28 May as written. Mr. Sheahan seconded. Motion passed unanimously. Mr. Condos moved to approve the Minutes of 3 June as written. Mr. Chittenden seconded. Motion passed 3-0 with Mr. Sheahan abstaining. 10. Sign Disbursement Orders: Disbursement Orders were signed. 11. Liquor Control Board: Mr. Sheahan moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. a. Approval of First Class Cabaret Liquor License Application from H.A.M. Restaurants, Ltd., dba What's Your Beef, 1710 Shelburne Road: Mr. Hafter said they meet the criteria for a cabarat license. The applicant already has a First and Third Class Liquor License. Mr. Condos moved to approve the First Class Cabaret Liquor License for H.A.M. Restaurants, Ltd., dba What's Your Beef, as presented. Mr. Sheahan seconded. Motion passed 3-0. b. Approval of First Class Cabaret Liquor License Application from North Country Clubs, Inc, dba Club Baja, 1087 Williston Road: Mr. Cimonetti noted this is a different corporation with the same management as Club Fantasy. Ms. Shingler said they are asking that the Board incorporate the same representations made in the Entertainment Permit discussions. She noted there were no liquor license violations while the club operated as SBC Enterprises (Club Fantasy). In addition, she said that Mr. Cliche's past history of liquored establishments shows no violations anywhere in the state. She said they are very zealous about carding patrons at the door. Mr. Cimonetti noted the club's liquor license was suspended for violations of conditions of the license. That suspension is pending at the Supreme Court. Mr. Cliche said those problems were with exotic dancing which will not be a part of this establishment. Mr. Cimonetti responded that the Liquor Control Board had put stipulations in the liquor license of Club Fantasy, and those stipulations were violated. Ms. Shingler said the Supreme Court has previously ruled that a liquor license cannot be pulled for violations not related to liquor service. She believed the Court would sustain that judgment. Mr. Condos noted the applicant has asked for a permit for outside consumption of alcohol and that will require a separate permit. Mr. Cliche said he understands that. Mr. Condos noted the applicant had violated city ordinances more than 50 times in the past. Mr. Cliche said he is asking for some stipulations to be removed from the currently applied for license (such things as trash removal, handling of parking, etc.). He felt his was the only business with such stipulations. Mr. Sheahan felt the application should be discussed in executive session and a decision announced. Mr. Condos asked if there will be any changes to the outside of the building. Mr. Cliche said not at present but he may later put on an outdoor deck where he would serve cocktails. Mr. Sheahan moved the Board deliberate the application in Executive Session. Mr. Condos seconded. Motion passed 3-0. Mr. Doscher reminded the Board that "New York's 42nd street didn't happen in a day." Executive Session: Mr. Condos moved the Board adjourn and reconvene as City Council in Executive Session to discuss contract negotiations, appointments to boards, and litigation and to deliberate on the entertainment permit for Club Baja and to follow this with an Executive Session of the Liquor Control Board to deliberate the application for a Liquor License from Club Baja. Mr. Sheahan seconded. Motion passed unanimously. Regular Session: The City Council returned to Regular Session. Councilman Condos moved adjournment. Councilman Sheahan seconded. The motion passed unanimously. The meeting adjourned at (:30 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.