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Minutes - City Council - 10/21/1996
CITY COUNCIL 21 OCTOBER 1996 The South Burlington City Council held a meeting on Monday, 21 October 1996, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, David Austin, Terry Sheahan Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Sonny Audette, Street Dept; Margaret Picard, City Clerk/Treasurer; Ann Slattery, City Clerk's Office; Joe Weith, City Planner; Frank Mazur, Charles Deslauriers, Charles Brush 1. Comments & Questions from the Audience (not related to Agenda Items): No issues were raised. 2. Announcements & City Manager's Report: Mr. Condos advised of a Solid Waste District meeting on Wednesday at 7:00 at the Burlington Wastewater Plant. Mr. Cimonetti advised that the MPO will meet on 30 October to hold a public hearing on the TIP, including the Commuter Rail Project. The meeting is at 2 p.m. at Shelburne Town Hall. Mr. Hafter reported on the following: a. He attended the MPO meeting last week at which the work plan was discussed and the long range transportation plan was approved for public hearing. b. There will be a reappraisal information session on 29 October at 7 p.m. at Chamberlin School. c. The 4th Annual Halloween party for children in grades K-5 will be held on 26 October at 6 p.m. in the Middle School. d. The city is applying for an enhancement grant for signs and 2 kiosks for Dorset Street. The Planning Commission will hold a public hearing on this tomorrow night. Mr. Weith said the grant would be through the Planning Division on the AOT. Mr. Audette updated the status of road projects in the city: Kimball Avenue has been ground down and they are repairing catch basins. Work should be done Wednesday, and paving by the beginning of next week. An overlay will be put on Kennedy Drive because it is in such bad shape. Mr. Hafter noted that the lights on Dorset St. have been fixed. They were of very low quality and have been replaced with good quality fixtures. The total cost was $800. Mr. Cimonetti asked when decorations will go up on Dorset St. Mr. Hafter said on 15 November. Mr. Audette also advised that equipment for turn lanes at Hinesburg Rd/Patchen Rd/Williston Rd. has been ordered. 3. Continuation of Public Hearing on Amendment to the Zoning Ordinance to Permit Extended Stay Hotels in the CD-3 Zone and Related Amendments of Defining and Parking; second reading: Mr. Weith said the Planning Commission discussed the Council's concerns about possible conversion of units to apartments. New language was suggested which puts a limit on the number of 2-bedroom units (no more than 50%) and also put a 6-month limit on how long a person can stay in a unit. Parking was also discussed. Mr. Weith said he reviewed literature from the industry and the recommendation for parking is the same as for regular hotels, one per unit plus one per employee. Mr. Weith also called other New England cities and was told they all used the hotel parking standard and have had no problems and that these have been good uses for the community. Mr. Deslauriers said he felt the language is focused on safeguards and that it was good for them as well. Mr. Brush agreed and felt it will be a good project. Members felt the proposed changes were just "fine tuning" and that the item did not need to be rewarned. Mr. Condos moved to close the public hearing. Mr. Austin seconded. Motion passed unanimously. Mr. Condos moved to waive the reading of the amendments and approve the second reading of changes to Section 28.117(a) and Section 14.202, and Appendix A as detailed in the City Planner's Memo of 18 October 1996. Mr. Sheahan seconded. Motion passed unanimously. Mr. Cimonetti said the amendment takes affect in 21 days. 4. Report from CCTA on Current Activities: Mr. Mazur reported the following: a. The union contract has been settled. b. Ridership is up 5% over last year. Bike racks have been put on all buses. In August, 1900 people used the bike racks. They are looking to see how more bikes can be put on buses. c. Wheelchair lifts are also very successful. In July, there were 334 uses of the wheelchair lifts. d. The Cherry St. terminal is being cleaned up. There is supervision there 12 hours a day, and conditions are much safer. e. Buses have been cleaned and painted. f. Last year, they recovered 48¢ on the dollar. They are hoping to increase that to 50%. Advertising is really helping defray expenses. g. Construction of the new facility has begun. It is just south of the old facility. The estimated cost is $2,300,000. The old facility will be sold, and when the sale is made new equipment will be purchased. h. CCTA is working with Burlington to find a new site for the downtown terminal as Cherry St. has been outgrown. i. The new General Manager is developing a new performance management system. j. They are working on a short range program to get buses into the residential neighborhoods. Mr. Cimonetti asked where the fare box is today as a percentage of operation and whether the increased ridership is producing an equal increase in the fare box. Mr. Mazur said the fare box is up 32.5% over last year (the national average is 22%). They do have 15,000-16,000 Medicaid riders a month for which they are not reimbursed. Mr. Mazur felt the system is being abused. Mr. Cimonetti asked if there will be increased service during the Holiday season. Mr. Mazur said he will check on this. During the past the Mall has not been interested in additional service. Mr. Condos asked if there is any plan to lobby Montpelier to increase the State share since this is the only transportation system that is no state funded. Mr. Mazur said he was not aware of any such plan. Mr. Condos asked if there is any plan for a "hub" somewhere other than in Burlington. Mr. Mazur said there is in the long run, and they are thinking of hubs at K- Mart, U-Mall, Winooski, etc. Mr. Condos asked if there has been any interaction with the State as to the siting of the commuter rail station. Mr. Mazur said there has not. Mr. Cimonetti asked about the 13C arrangement. Mr. Mazur explained it is part of the labor law: if you have a rail system and it goes out of business, those workers are entitled to benefits. CCTA doesn't want to be held to 13C if the rail fails and workers are laid off. The State has concurred that CCTA won't be held to 13C, so an agreement has been entered into. Mr. Cimonetti asked if that makes CCTA the operator of the rail. Mr. Mazur said it doesn't, but they could be an overseer for it. All the bus operators are involved in the 13C agreement. Mr. Condos asked if the state will pick up all cost for buses to support the commuter rail. Mr. Mazur said absolutely. Ms. Picard asked if there are plans for CCTA to go to Williston when WalMart opens. Mr. Mazur said there are not. They haven't been approached on this. If there is a service potential into Williston, South Burlington will be part of that discussion. Mr. Cimonetti asked what trigger would be needed for a service from Hannaford Plaza to UMall. Mr. Mazur said they would do a study on it and if there was a positive response, they would come to the city and ask if the city wants that service. They are now looking into grants to try some of these possibilities. 5. Request for Approval of Capital Equipment Refunding Note and Resolution for Sidewalk Plow: Mr. Hafter said the note is for $8,000 at 4.3%. It is the 3rd of 4 years on this note. Mr. Condos moved to approve the Note and accompanying Resolution as presented. Mr. Austin seconded. Motion passed unanimously. 6. Request for Approval of Personal Property Tax Liens Against Delinquent Personal Property Taxpayers Still Doing Business in South Burlington. These Notices are to be Filed in Accordance with Title 32 of the Vermont Statutes: Mr. Hafter said that upon notifity taxpayers of the intention to impose liens, there has been a flurry of activity so there are only 3 outstanding taxpayers: RMH, New England Tile, and After Midnight. Mr. Hafter said they will also go to Small Claims Court against businesses still in the State but no longer in South Burlington. Ms. Picard noted that filing these liens puts South Burlington first in line for payment in cases of bankruptcy. Mr. Austin moved to approve the filing of the personal property liens on the 3 delinquent businesses as presented. Mr. Condos seconded. Motion passed unanimously. 7. Consideration of Approval of Memorandum of Agreement Between City and Vermont AOT Regarding Passenger Rail Service Project: Mr. Hafter said he sent a draft to the AOT and they came back with several technical changes. Regarding the siting of a station, there will be funds for a South Burlington station in the final budget. The state did not agree that the station had to be built before the commuter rail service begins. Mr. Cimonetti noted that Shelburne authorized "either or both" documents and South Burlington might still want to be involved in a multi-city agreement. He added that his biggest concern is that there is nothing to guarantee that South Burlington gets a station, though he couldn't imagine why they wouldn't. Mr. Austin said he would like the exact wording that commuter rail will not occur without a quiet zone. Members were comfortable with these changes. Mr. Hafter will present them to the AOT. 8. City Council Minutes of 30 September and 7 October: Mr. Austin moved to approve the Minutes of 30 September as written. Mr. Sheahan seconded. Motion passed unanimously. It was noted that in the Minutes of 7 October Ms. Paden's name and Mr. McEwing's name was misspelled. Mr. Austin moved to approve the Minutes of 7 October as amended. Mr. Sheahan seconded. Motion passed 3-0 with Mr. Cimonetti abstaining. 9. Review Planning Commission agenda for 22 October and Zoning Board agenda for 28 October: No issues were raised. 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. Austin seconded. Motion passed unanimously. a. Approval of First Class Liquor License application from Dick Fitzgerald Kwan and Nancy Kwan, Kwan's Restaurant, 65 Patchen Road: Mr. Hafter said this is a new business, a Chinese restaurant where there was formally a take-out restaurant. This is a full sit-down establishment. Everything is in order with police, fire and taxes. Mr. Austin moved to approve the First Class Liquor License for Kwan's Restaurant as presented. Mr. Sheahan seconded. Motion passed unanimously. Executive Session: Mr. Austin moved to adjourn as Liquor Control Board and reconvene as City Council in Executive Session to discuss litigation and personnel issues and to resume regular session only to take possible action on the litigation issue and/or adjourn. Mr. Sheahan seconded. Motion passed unanimously. Regular Session: The City Council returned to regular session. Dave Austin moved that Council accept the negotiated settlement between Mr. Shea, EZP Golf Co., neighbors and the City of South Burlington with the added assurance of timely performance of the construction of the road to Class 2 and 3 standards, and modifications to the Planning Commission approval to provide for a bond of sufficient amount and sufficient duration to ensure completion of the work, and authorize the Chairman to sign the settlement. Terry Sheahan seconded. The motion passed unanimously. Terry Sheahan moved adjournment. David Austin seconded. The motion passed unanimously. The meeting adjourned at 10:00 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.