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HomeMy WebLinkAboutMinutes - City Council - 06/02/1997CITY COUNCIL 2 JUNE 1997 The South Burlington City Council held a reorganizational meeting on Monday, 2 June 1997, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: James Condos, William Cimonetti, David Austin, Terrence Sheahan Joan Britt. Also Present: Charles Hafter, City Manager; Peg Strait, Assistant City Manager; Margaret Picard, City Clerk/Treasurer; Albert Audette, Highway Dept; Richard Ward, Zoning Administrator. Mr. Hafter called the meeting to order. 1. Administering of Oath of Office: Ms. Picard administered the oath of office to newly elected Council member Joan Britt and to re-elected Council member William Cimonetti. 2. Election of Officers: Mr. Hafter opened the floor for nominations for City Council Chair: Mr. Condos nominated Mr. Cimonetti. Mr. Sheahan seconded. There were no further nominations. Mr. Cimonetti was elected unanimously. Mr. Austin nominated Mr. Condos for Vice Chair. Mr. Cimonetti seconded. There were no further nominations. Mr. Condos was elected unanimously. Mr. Condos nominated Ms. Britt for Clerk. Mr. Austin seconded. There were no further nominations. Ms. Britt was elected unanimously. Mr. Cimonetti presided over the rest of the meeting. 3. Set Time and Place for Regular Meetings: Mr. Austin moved that the Council hold its regular meetings on the first and third Mondays of the Month at 7:30 p.m. at South Burlington City Hall. Mr. Sheahan seconded. Motion passed unanimously. 4. Annual Appointments to be Made by Majority Vote of City Council Pursuant to City Charter Chapter 3, Section 301(2): Mr. Sheahan moved that the following appointments be made, pursuant to City Charter Chapter 3, Section 301(2): City Treasurer/Trustee of Public Funds - Margaret Picard Asst. City Treasurer/Trustee of Public Funds - Margaret Strait City Attorney - Stitzel, Page & Fletcher, PC Zoning Administrator - Richard Ward Auditor - Angolano & Company First Constable - Lt. Ernie LeMay Second Constable - Officer Paul Edwards Grand Juror - Charles Hafter City Agent - Charles Hafter Ms. Britt seconded. Mr. Austin noted that appointing these people is a different process from the negotiation of any contracts that may exist with these people. The motion was then passed unanimously. As there was no further business to transact, the organizational meeting was adjourned at 7:20 p.m. Clerk CITY COUNCIL 2 JUNE 1997 The South Burlington City Council held a regular meeting on Monday, 2 June 1997, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, David Austin, Terrence Sheahan, Joan Britt. Also Present: Charles Hafter, City Manager; Peg Strait, Assistant City Manager; Margaret Picard, City Clerk/Treasurer, Albert Audette, Highway Dept; Bruce O'Neill, Recreation Dept; Joe Weith, City Planner; Richard Ward, Zoning Administrator; Frank Mazur, State Representative; Anna Johnston, The Other Paper; Channel 17; Dr. Martin Koplewitz, Eric Lipkin, Avery Smith, Gerald Marong. 1. Comments & Questions from the Audience (not related to Agenda items): No issues were raised. 2. Announcements and City Manager's Report: Mr. Hafter made the following announcements: a. The process of moving the work of the Rec Path Phase III from the State to the City is moving forward. b. Mr. Hafter gave members a detailed comparison of House and Senate property tax bills provided by Rep. Flaherty. c. Public Broadcasting is coming to South Burlington to do a documentary on the Living Technologies project. d. There will be a meeting in Waterbury on 4 June regarding funding for the expansion of the Bartlett Bay Sewage Treatment Plant. e. Mr. O'Neill spoke about the Summer Recreation Program. He noted that registration for programs was made easier by having a Recreation Fair on 22 May. 539 people were registered for programs that day, and there are now 699 registrations. f. Mr. Audette reported on road work in the city. He advised that work has begun on the reconstruction of White Street. Most of the sidewalk will be replaced as well as the road work. g. Mr. Hafter advised that the rail train is supposed to arrive this week. It will be carrying rail to repair the track in preparation for the commuter rail project. Some streets will be closed for up to 45 minutes to allow the train to pass. Mr. Hafter said he has asked for as much notice as possible. 3. Discussion of Proposed Use of Overlook Park by Tourist Van: Dr. Koplewitz said that a brochure is advertising tours which include a stop at the city's Overlook Park on a regular basis. He said he was bothered to think that the park may become commercialized and didn't feel it should be a commercial area. Mr. Cimonetti said if the tour included some event held at the Park, an entertainment permit would be needed. Mr. Hafter said he had contacted the company running the tours. There will be a van entering the park with as many as 15 passengers. The vehicle is legal on Spear Street. Dr. Koplewitz said the reaction of neighbors ranges from "don't care" to "very concerned." Mr. Hafter said he had spoken with the City Attorney as to how use of a public park might be regulated. The City Attorney said the city can address legitimate concerns such as noise, weight of vehicles, etc., but that any action taken would have to apply to all of the city's parks. He also indicated that there is no distinction between people driving to the park or paying someone to drive them there. Members asked the City Manager to find out if any kind of activity will be going on during the park stops (picnic, etc.) Ms. Britt noted that the tour will be promoting the City of South Burlington. 4. Public Hearing on Amendment to the Ordinance Regulating Use of Firearms to Permit Education and Training Programs Under the Supervision of Certified Instructors; Second Reading: Mr. Hafter said there will be an archery class this summer, which is technically a violation of the Ordinance. The amendment would allow this kind of educational/training activity. The amendment would also change the designation of the offense from criminal to civil, making it easier for the city to enforce. Members suggested amending Section II(c) to read "as approved by the City Police and either the Recreation or School Department." Mr. Hafter noted that penalties would be the same as for other city ordinances. Public comment was solicited. None was forthcoming. Mr. Condos moved to close the public hearing. Mr. Austin seconded. Motion passed unanimously. Mr. Condos moved to waive the reading of the proposed amendment and to approve it with the amendment to Section II(c) as noted above. Mr. Austin seconded. Motion passed unanimously. 5. First Reading of Proposed Zoning Amendments to Add 2 New Land Use Categories to the Zoning Ordinance - Bus Terminals and Transportation Services, and to Give Broader Approval Authority to Planning/Zoning Staff for Minor Site Plan Applications; Schedule Public Hearing on Same: Mr. Weith advised that the proposed amendments arose from a request by Vermont Transit to locate a bus terminal in South Burlington when their terminal in Burlington burned. At present, the Zoning Ordinance does not allow such use. Mr. Weith said the Planning Commission had no problem with the uses as long as they were in the proper location and would be reviewed as conditional uses. Bus terminals would be allowed as conditional uses in C-1, C-2, I-C, Airport, Airport Industrial, and Municipal Districts. Transportation Services (which includes maintenance facilities) would be allowed as conditional uses in C-2, I-C, and Airport Industrial Districts. Mr. Cimonetti said he had noted in the Minutes that the Commission discussed the possibility of allowing a bus terminal in the City Center. Mr. Weith replied that because of density and aesthetic qualities, the Commission did not feel it was appropriate. Mr. Cimonetti felt this may be a good decision at this time but that in the future the city may want to consider an interstate bus terminal in the City Center. Mr. Cimonetti asked when a location stops being a bus stop and becomes a bus terminal. He noted there might be a "mini hub" at the Mall and questioned whether this would be excluded by the proposed amendment. Mr. Weith replied that the Commission did not consider that definition, and it might become a judgment call for the Zoning Administrator. Mr. Cimonetti suggested the Commission have that discussion prior to the second reading of the proposed amendment. He did not want to get in the way of expansion of "mini hubs." Mr. Austin moved to approve the first reading of the proposed Zoning Amendment and to schedule a public hearing for 7 July 1997. Mr. Condos seconded. Motion passed unanimously. Mr. Weith said the second amendment would streamline the application review process and free up stome staff workload. Staff review would apply in two instances; when there is a change of use with no exterior changes to a building; and when there is a modification to an approved site plan involving an increase of not more than 10% of the building area. The submittal process would be the same. The City Planner would then review the plan against the same criteria as those used by the Planning Commission and would attach stipulations as the Commission does. If there are any potentially controversial issues, the plan would be sent to the Planning Commission for review. An applicant or a neighbor could appeal the decision to the Planning Commission which would then review the plan as it usually does. The Commission would get an update on all staff approvals. Mr. Austin asked if neighbors would be notified of the application. Mr. Cimonetti felt this would be a good idea and that there should be an established notification process. Other members agreed. Mr. Sheahan moved to approve the First Reading of the proposed amendment to the Zoning Ordinance and to schedule a public hearing for 7 July, with the instruction that there be a proposal that deals with public involvement in the process. Mr. Austin seconded. Motion passed unanimously. 6. Request for Final Approval to Hold Shrine Circus at Dorset Park on September 4 and 5: Dr. Smith gave members information on the work of the Shriners. Mr. Marong said there would be two shows on 4 September, one at 4 p.m. and one at 7:30 p.m. There would be three shows on 5 September, an 11 a.m. show which would be free for school children, a 4 p.m. and a 7:30 p.m. Concerns of Police, Fire and Public Works people have been addressed. There will be 2 EMT's on site. Parking will be allowed on only one side of Swift Street. The Shriners will pay for additional police to direct traffic. Concerns of the Village at Dorset Park have also been addressed. A police officer will patrol those streets. The circus will be held in a tent which has been designed to contain noise. Discussion is underway about the possibility of parking at SBHS and then busing people to the circus site. Mr. O'Neill said other activities and games won't be scheduled for the Park at the time the circus is there. Mr. Cimonetti asked about exterior lighting. Mr. Smith said there would be no flood lights or flashing lights. Mr. Marong said the ticket booth would be lighted. The Shrine wants to make this an annual event and wants to be "good neighbors." Mr. Condos moved to give approval for the Shrine Circus to be held at Dorset Park on 4 and 5 September 1997. Mr. Austin seconded. Motion passed unanimously. 7. Presentation of City Manager's Proposed Social Services Funding Allocation for 1997-8; request for approval: Mr. Hafter noted that Roz Saunders, Hank Lambert and Tom Fraga helped in the preparation of the allocation plan. There are $37,000 in city funds available plus $4,500 from the Police Dept. No new agencies were funded this year. CASA hasn't been funded as they have not been active this past year. The South Burlington Family Center has been given additional funding and have been asked to take over CASA's activities. Police funds came from a block grant from the Federal Government for "community policing." Mr. Sheahan moved to approve the allocation of Social Services funding as proposed by the City Manager and his committee. Mr. Austin seconded. Motion passed unanimously. 8. Request for approval of Tax Rates to Support 1997-8 Fiscal Year Budget and Special Assessment Districts Tax Rate, User-Fee for Sanitary Sewer: Mr. Condos moved to approve a total city tax rate of .827 and special assessments of .211 for Swift Estates and .496 for Country Club Estates, and to approve a sewer use fee of 15.60 per 1,000 cubic feet of water use. Ms. Britt seconded. Motion passed unanimously. Mr. Condos noted this is the 4th year in a row that there has been a decline in the overall city tax rate. 9. Consideration of Acceptance of Community Drive, Technology Park, as a Public Street: Mr. Hafter said this differs from all other public streets. It is not built to city specifications. It was originally a private street, and the new owners asked that it become a public street. They didn't have the money to upgrade it but agreed to do so when 2 of the new lots were developed or by the spring of 2001. The sidewalk or rec path would be completed prior to occupancy of the 4th of the internal lots. Mr. Hafter noted there have to be improvements to the road and to lighting before the city can accept it. Mr. Audette said everything was supposed to be turned over to the city by 15 April and this just happened. There is about $2,000 work to be done on the road as it has been allowed to deteriorate. Lighting poles have fallen down and others are about to fall. This situation has also been ignored. Mr. Audette felt the city would be absorbing a big liability if they accepted the street now. He also noted a huge pothole that has been there since mid-winter and didn't feel the city taxpayers should have to pay for this. Mr. Hafter felt the city should require paving to be brought up to standard before acceptance of the street. He suggested asking for light pole repairs and having the current owners maintain them for three years. Mr. Audette said he was concerned with a pole falling on someone. Ms. Britt asked what would happen if the rest of the lots are never developed and whether the city would then be stuck with a sub-standard road. Mr. Sheahan agreed this could cost significant dollars. Mr. Audette added that there are also drainage problems, especially in the southwest section of the road. Mr. Cimonetti suggested having discussions with the property owner to see if there can be a negotiated position. 10. Consideration of Approval of Entertainment License Applications: a) City of South Burlington National Night Out in Dorset Park. Variety of activities including displays, dunking booth, sky divers, games for children, disc jockey, refreshments, public ice skating, possibly fireworks. August 5, 1997, 5-10 p.m. b) Cosmos Diner - live jazz bands on Thursday nights; 1110 Shelburne Road. Mr. Hafter said both applications are in order. Mr. Austin moved to approve the Entertainment Permits for the City of South Burlington National Night Out and for Cosmos Diner as presented. Ms. Britt seconded. Motion passed unanimously. Review List of Appointment to Boards & Commissions; discussion of procedure: Mr. Cimonetti noted that last year the Council interviewed applicants for the Planning Commission and Zoning Board. Interviews of incumbents for other appointments were on a voluntary basis. Mr. Sheahan felt that process had gone well. Members agreed to repeat this process and to have the City Manager advertise for Board and Commission vacancies. 12. Review Minutes of 19 May 1997: Mr. Condos moved to approve the Minutes of 19 May as presented. Mr. Sheahan seconded. Motion passed 4-0 with Mr. Austin abstaining. 13. Review Zoning Board Agenda for 9 June 1997: Mr. Condos noted that appeal #1 may result in a more commercial use in a residential zone. He felt that is starting to change the character of an R-4 zone. 14. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Sheahan seconded. Motion passed unanimously. Mr. Hafter presented the following applications for liquor licenses: a) First Class License for Christine Alvanos, C.G.E.M. d/b/a The Parkway Diner, 1696 Williston Road. b) First Class Cabaret License for Speedy's Diner, Inc., d/b/a Cosmos Diner, 1110 Shelburne Road: Mr. Hafter said the first application is for a new owner, the second is a renewal license. Both are in order. Mr. Austin moved to approve the two liquor license requests as presented. Mr. Sheahan seconded. Motion passed unanimously. Mr. Condos moved to resume regular session as the City Council. Mr. Austin seconded. Motion passed. 15. Sign Disbursement Orders: Disbursement Orders were signed. Executive Session: Mr. Austin moved the Council adjourn and reconvene in Executive Session to discuss contract negotiations and appointments to Boards and Commissions and to resume regular session only for the purpose of adjournment. Mr. Condos seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Mr. Condos moved adjournment. Mr. Austin seconded. The motion passed unanimously. The meeting adjourned at 11:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.