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HomeMy WebLinkAboutMinutes - City Council - 05/03/2004CITY COUNCIL 3 MAY 2004 The South Burlington City Council held a regular meeting on Monday, 2 May 2004, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; C. Smith, T. Sheahan, S. Magowan, D. O'Rourke Also Present: C. Hafter, City Manager; S. Stitzel, City Attorney; Rep. A. Audette, Rep. H. Head, Rep. A. Pugh; Chief L. Graham, Police Department; J. B. Hoover, Director of Planning & Zoning; J. Nadeau, Water Department; A. Johnston, The Other Paper; Free Press; Channel 17; B. Davis, L. Wood, D. McBee, A. Theisen, M. Borden, F. & B. O'Brien, G. Page, H. Macia, K. Deal, H. Grant, W. Davis, K. Moore, D. Jennings, L. Brault, A. Hannaford 1. Comments & Questions from the Audience not related to Agenda Items: Mr. Wood asked the status of the proposed Community Center. Mr. Condos said there have been a number of projects that the city is looking at including a new police station, ambulance service, etc., and it is a question of prioritizing these projects. Mr. Wood said there is a lot of community interest in putting the Community Center on a ballot and letting the people make a decision. He did not want the idea to die "a slow death." Mr. Sheahan said he continues to support the concept but did not feel this is the year to do it. Ms. Davis asked how the community can be assured there will be follow-up. Mr. Condos said the intent is to have the Council discuss this on an agenda this summer. 2. Announcements and City Manager's Report: Mr. Sheahan: Will attend Regional Planning Commission Housing Committee meeting on 10 May, 5:30 p.m. and will update the Council in a month or so. Mr. Condos: Will attend MPO Executive Board meeting Monday at 4 p.m. Mr. Hafter: Reminded the community of the Fire Department Ambulance Information Day on 8 May from 10 a.m.-2 p.m. The Kick-off meeting for the Exit 12A study will be 6 May, 10 a.m., at the MPO. A letter was received inviting interested people in the inaugural meeting of the Lake Champlain Quadricentennial Celebration planning group, 10 May, 10 a.m. Distributed a proposed meeting schedule for the year. 3. Public Hearing on Ordinance prohibiting smoking in places of public access; second reading of same: Mr. Condos opened the public hearing and asked the City Attorney to explain the proposed ordinance. Mr. Stitzel said this is the same ordinance the Council saw at the first reading. The definitions part of the ordinance identifies places in the city that are subject to the Ordinance. These include all places of public access and all publicly owned buildings in the city. The ordinance also requires that people who own these places are responsible for seeing that smoking doesn't occur in them. Mr. Condos then asked for public comment. A. Theisen and M. Borden: The 2 students represented the V-KAT group at Tuttle Middle School which is part of a state-wide effort of young people to eliminate smoking. They cited health hazards and deaths attributed to second-hand smoke. D. McBee: Representing the South Burlington New Directions Coalition, he cited the chemicals in cigarette smoke and also the tradition of protecting workers in working environments. F. O'Brien: As owner of Franny-O's, he felt the ordinance would put businesses at a disadvantage to businesses in other towns and that people would go elsewhere to taverns and bars. He also asked for a definition of a "private club." Mr. Stitzel said a private club is a social, fraternal, or religious organization with an established special clientele (members) and must be a club operated specifically for its members. The organization must have a purpose other than as a club for drinking, etc. B. O'Brien: CFO of Franny O's as why the ordinance can't protect employees of private clubs. Mr. Condos said the city can't do this by law. Ms. O'Brien: Said their patrons are over 21 and should be able to make decisions for themselves. She felt that as towns make this decision, they are sending people to neighboring towns. She also cited places where such ordinances have been passed and have resulted in sales in taverns being down 30-60%. She felt there should be an "even playing field" and that the smoking ban should be state-wide, not local. Mr. Macia: A candidate for Governor from Grand Isle opposed the ban because of free Choice issues. He felt there are other options to protecting workers from second hand smoke and that this should be up to the bar-owners. He cited respiratory protectors as an option. K. Deal: Bartender at Franny O's, said 75% of customers there are smokers and many say they won't come in any more if this ordinance passes. She felt this would hurt her livelihood. H. Grant: Resident of Calais speaking on behalf of the American Society, supported the ordinance. She noted that last week the Center for Disease Control said that people with heart-related problems should not go into buildings where smoking is allowed. She also noted that in Helena, Montana, in the first 6 months of a smoking ban, heart attaches were down 40%. In New York City, which became smoke-free a year ago, a study shows that business taxes are up 8.7%, employment in bars and taverns is up by 10,000 people, and the air quality has improved. Ms. Grant said a poll shows that over 70% of Vermonters want a ban on smoking in places of public access. G. Page: Said the job of the State Board of Health is to protect public health. Second hand smoke is a public health hazard. W. Davis: Said he is more passionate about smoking than any other issue. Both of his parents died of smoking-related conditions. He felt that people's freedom to smoke ends when it deprives others of clean air. He noted what a pleasure it is to eat out in New York City now and said that smoking in Vermont bars keeps him out of them, and he would look forward to going to these places when they are smoke-free. C. Jennings: Felt the Ordinance is against the rights of private property owners and government doesn't have a right to limit legal behavior. He noted a ban in Austin, Texas, was rescinded when it harmed business. He also felt the studies showing health hazards were "flawed." L. Brault: Patron of Franny O's, said these are not places children frequent and that people make a choice to walk into a bar. She questioned the wisdom of doing this "piecemeal." She cited the danger of people driving further to a place where they can smoke and drink. K. Moore: Worked as a waitress in bars and restaurants and said non-smoking places are much more tolerable. Had asthma problems in places with even a little smoke. She also noted there are restaurants in South Burlington where children a present. Rep. H. Head: Co-sponsor of the state no-smoking bill, noted the bill is still in committee. Met with the V-KAT members when they came to Montpelier and noted their concern with the impact of smoking on their family members. Encouraged the Council to have the city lead the way to what will eventually be a state-wide ban. Rep. A. Pugh: Also a co-sponsor of the no-smoking bill, said it takes courageous leaders to bring about progress. Felt Vermont has fallen behind other states in this action. A. Hannaford: Urged the Council to pass the ordinance. She is an asthmatic and can't go to bars to hear music or to places like the Higher Ground. Would love to go to Franny O's when there is no smoke. W. Davis: School nurse, cited the money spent in emergency rooms, hospitals, etc. to treat people with asthma and similar conditions. Also noted the concern of young people for their parents, grandparents, etc., who smoke or are exposed to smoking. Applauded the Council for this effort. Mr. Magowan moved to close the public hearing. Mr. Sheahan seconded. Motion passed unanimously. Mr. Magowan moved to waive the second reading of the Ordinance and to adopt the Ordinance as presented. Mr. Smith seconded. Mr. Smith asked about the likelihood of state legislation. Rep. Head said there is significant support, but she didn't feel it would happen this year. Ms. Pugh felt that if South Burlington joined the effort and others followed, it would improve the likelihood of state action. Mr. Magowan said he supports the Ordinance because this is a health issue, and if people can't smoke in some public buildings, they shouldn't smoke in any of them. Mr. Sheahan agreed that it was unfortunate the state didn't take action. He said he really struggled with this since he is also a small business owner, but he felt it is an important thing to do. Mr. O'Rourke said that it was a difficult decision but that public health concerns were the most important. He supported the right of everyone, regardless of age, to participate in Council meetings. Mr. Smith said there is significant public support throughout the state, and to say it will hurt business doesn't make sense. Personally, he would go to places he wouldn't have gone to when there was smoking allowed. In the vote that followed, the motion passed unanimously. Mr. Condos said the Ordinance goes into effect tomorrow. 4. Consideration of Adoption of Rate and Fee Schedule for South Burlington Water Department to reflect water system improvement costs: Mr. Hafter said 50% of the costs will be from user rates (this is in the current budget) and 50% from new development. The proposed fee change for a residential home would be from $500 to $800. The commercial fee would go from $800 to $800 plus $1.36 per gallon of allocation. The change would go into effect tomorrow. Mr. Sheahan moved to approve the rate and fee schedule as presented, effective 4 May 2004. Mr. O'Rourke seconded. Motion passed unanimously. 5. Consideration of Acceptance of Low Bids for Dorset St. Water Storage Tank Expansion, New Twin Allen Rd. Water Storage Tank and High Service Area Water: Mr. Hafter said the recommendation is to accept the low bidders at a cost of $2,058,000 ($91,000 of which is contingency). He noted this is over the original estimate but felt the city can handle this from cash reserves. He cited the rising cost of steel as a factor in the cost increase. Mr. Smith moved to accept the low bids and to authorize the City Manager to sign contracts when they are ready. Mr. Sheahan seconded. Motion passed unanimously. 6. Consideration of First Reading of Amendments to Land Development Regulations: Ms. Hoover said the hope is these will be the last group of zoning amendments. #1: Allow transportation services in C-2 and IC-mixed commercial districts: Services would include taxi dispatch, charter services, etc., but would not include bus or freight terminals. This use was inadvertently omitted. #2: Allow Radio and TV Studios as permitted use in CD-4: This would be on San Remo Drive. The area has too little parking for retail uses and would be a tough go for offices. It is consistent for CD-4 uses. There would be no towers allowed. This also falls within the Design Review District. #3 Amendment to definition of "driveway" and "street": Ms. Hoover said a driveway is of a lesser function, less intensive use. Mr. O'Rourke suggested using the language: "generally subordinate in nature to". #4 Amendment to definition of "height" and clarification on calculation regarding rooftop apparatus and chimneys: Ms. Hoover said they wanted to be sure the definition of height is clear. #5 Amendment to definition of "land development": This amendment makes the regulatory definition consistent with City policy. #6 Amend Official Zoning Map to rezone the southern frontage of San Remo Drive from Central District 2 to Central District 4: The uses in CD-4 are more appropriate for this area. #7 Amend Map to rezone The Landings: This amendment corrects an error. #8 Amend 11.02(f) to allow additional lighting types in the design review district: This amendment is at the request of the Design Review Committee as there are new types of lighting they feel are appropriate. #9 Amend 12.01(c) (1) to clarify water protection standards: This is clarifying language. #10 Amend Table 13-1, Parking Requirements, to amend requirements for standard restaurants: The requirement is amended to 18 spaces per 1000 sq. ft. of GLA. #11 Add affordable housing bonus chart to clarify the calculation of density bonus: This shows applicants how calculations are done. Partial units always round down to the lower whole number of units. #12 Amend graphics in Figure 15-1 "roadway standards" to reflect current standards: This clarifies when a roadway must be "public." It addresses issues over combinations of single family and duplex buildings. It indicates that the 4th residential structure triggers the requirement for a public road. The 10th unit in any type of building also triggers the requirement for a public road. There can be a private road that serves 3 or fewer single family or duplex dwellings in any combination of the 2 types; that has only one point of access on another existing or proposed roadway and serves 9 or fewer dwelling units in any combination of single family or multi-family, or has 2 or more points of access on another existing or proposed public roadway. With regard to connections to adjacent parcels, the language was clarified as follows: If the Development Review Board finds a probable connector to an adjacent parcel may or could occur in the future, the Development Review Board shall require a connection. #14 Amend 13.06 landscape standards and add graphics: Ms. Hoover explained that 28 or more contiguous spaces or more than one circulation lane triggers the need for a landscaped island or at least 60 sq. ft. with curbing at the ends and corners. Mr. Sheahan moved to waive the first reading, approve the first reading as amended and set a public hearing for 7 June 2004 with the amendment as proposed. Mr. Magowan seconded. Motion passed unanimously. 7. Consideration of Approval of VCDP Grant Agreement #071100072/031G(13); City's Edge Condominiums: Mr. Hafter said the project is adjacent to I-189 and the city received $380,000 from the State. Mr. Sheahan moved to approve the VCDP Grant Agreement as presented and authorize the City Manager to sign the documents. Mr. O'Rourke seconded. Motion passed unanimously. 8. Consideration of Acceptance of Southview Drive as a public street: Mr. Hafter said everything is in order for the acceptance. Mr. Sheahan moved to accept Southview Drive as a public street. Mr. Magowan seconded. Motion passed unanimously. 9. Road Opening Permits: Mr. Condos stepped down due to a potential conflict of interest. Mr. Sheahan assumed the Chair. Mr. Hafter presented a revised fee schedule. The previous fee for cutting into green space was $5 per sq. ft. The recommendation is $2.25 which is more in line with the rest of the County. Mr. Magowan moved to approve the amendment to road opening permits as presented. Mr. Smith seconded. Motion passed unanimously. Mr. Condos resumed the Chair. 10. Review Development Review Board Agenda for 4 May 2004: No issues were raised. 11. Review Minutes of 19 April 2004: Mr. Sheahan moved to approve the Minutes of 19 April 2004 as written. Mr. O'Rourke seconded. Motion passed 3-0 with 2 abstentions. 12. Sign Disbursement Orders: Disbursement Orders were signed. As there was no further business to come before the Council, the meeting was adjourned at 9:50 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.