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HomeMy WebLinkAboutAgenda - City Council - 03/05/2015 AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Organizational Session 6:30 P.M. Thursday, March 5, 2015 1. Election of City Council officers (City Manager presiding): · Chair · Vice Chair · Clerk *****Chair becomes presiding officer after election***** 2. Set dates & time for regular meeting being held March 2015 - Feb. 2016. 3. ***Annual appointment ( motion to specify length of appointment) to be made by majority vote of City Council pursuant to City Charter, Chapter 13, Section 301 (2). [A list to be appointed is attached. Any Officer/position you choose not to appoint will continue as a “holdover” until re­appointment or replacement.] 4. Designate Official Paper of Record (Currently The Other Paper). 5. Designate Official Depositories (Currently Merchants Bank). 6. Appoint Council Representative to the Pension Advisory Committee Special Session 7:00 P.M. Thursday, March 5, 2015 1. Agenda Review: Additions, deletions or changes in order of agenda items. (7:00 – 7:02 PM) 2. Comments and questions from the public not related to the agenda. (7:02 – 7:12 PM) 3. *** Convene as South Burlington Liquor Control Commission to hold a quarterly review of M & K Enterprises LLC d/b/a Venue to review operational issues and determine if additional license conditions should be imposed. (7:12 – 7:35 PM) 4. *** Consider and possibly approve abandonment of unneeded recreation path easement along Dorset Street. (Jim Barlow) (7:35 – 7:45 PM) 5. Other Business: (7:45 – 7:50 PM) 6. *** Consider and possibly approve settlement agreement in City of South Burlington v. Alan M.E. Marcelino, City of Burlington, and Champlain Water District, Environmental Division, Superior Court, 36-3-12 Vtec. Possible Executive Session to discuss pending litigation where the premature disclosure of information would put the City of South Burlington at a substantial disadvantage. (Jim Barlow) (7:50 – 8:30 PM) 7. Adjourn (8:30 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Policy regarding landscaping City-owned land and request from Hadley Road. 2. Encouraging litter removal by businesses and the public. 3. Cost of development/cost of open space. 4. Airport noise survey 5. Meeting with Department Directors on future staffing needs 6. Meet with Lisa Bedinger, Community Justice Center Issues that have been discussed by the Council where further action is pending: 1. FY ’15 and ’16 paving budget. * 2. East Terrace neighborhood conversion of housing into rental units. 3. Street light policy. 4. Committee reorganization. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. February 24, 2015 MEMO TO: South Burlington City Council FROM: Kevin Dorn, City Manager RE: Re: Annual Appoitments 1. Appointments to be made by majority vote of City Council Pursuant to City Charter, Chapter 13, Section 301 (2). The City Charter, Chapter 13, Section 301 (2) requires that certain appointments be made annually by the City Council. A list of those appointments and proposed appointees is listed below. All proposed appointees have agreed to serve for a one year term. Position Incumbent City Treasurer Tom Hubbard City Attorney James Barlow Zoning Administrator Ray Belair Asst. Zoning Administrator Cathyann LaRose First Constable Deputy Chief Paul Edwards Second Constable Sgt. Andrew Chaulk Grand Juror Kevin Dorn City Agent & Trustee of Public Funds Kevin Dorn 2. Other Appointments Position Incumbant Code Officer Ray Belair Telecommunications Officer Ray Belair Emergency Management Director Doug Brent Health Officer* Justin Rabidoux *To enforce the ordinance relating to the use of public and private sanitary sewerage and stormwater systems as an issuing municpal official M e m o r a n d u m To: The Honorable South Burlington City Council From: Trevor S. Whipple, Chief of Police Date: February 27, 2015 Re: Concern regarding Venue Since the Venue night club has opened (late fall of 2013) officers of the South Burlington Police Department have had reoccurring concerns about violations of Vermont Liquor laws and South Burlington City ordinances. Over the past two months these concerns have grown. After my review of police calls to Venue and those involving patrons of Venue I have significant concerns about the safety of patrons, police officers and fire fighters due to the nature and number of violations. Recent incidents include: 1) October 17, 2014 – Individuals who were patrons of Venue left the business and were involved in an altercation in the parking lot. One individual was stabbed and required medical care. EMTs who responded were accosted by a raucous crowd, many who had come from Venue. They were in fear of their safety and our officers had to broadcast a countywide request for police mutual aid. Officer Monroe was struck by one of the unruly crowd. [Vermont Department of Liquor Control levied fines for various violations of liquor laws resulting from this incident.] 2) October 24, 2014 – Officers were called to Venue to assist with an unruly female patron. Officers found the woman was highly intoxicated, unable to stand on her own, and had to be taken to the hospital. A male was also found to be intoxicated and was taken to the detox program. 3) December 14, 2014 – A patron reported that her 22 year old female left Venue with one of the performers. Friends were concerned because the woman was intoxicated. Officers located the woman at a hotel. She was intoxicated but assured officers that she was safe. 2 4) January 18, 2015 – An owner of Venue called to report an male left the club who perhaps shouldn’t have been driving due to his consumption of alcohol. Despite efforts of staff the man insisted on driving and they were unable to stop him. Police were called 20 minutes after the man left. 5) January 30, 2015 – Report of a patron trying to climb on to the stage during a performance. Officers had to arrest the unruly man. During the arrest the crowd began to circle officers. Officers were in fear for their safety and reported that it was their belief that Venue staff did not take an active part in trying to deescalate the situation. After this altercation officers called in back up from neighboring police agencies and monitored the club. Two individuals were identified as being incapacitated as they left the club. Police had to take them in to custody and deliver them to the detox center for their safety. It was reported by Venue staff that there were 400 tickets sold for the event and that they had 8 security staff on duty. 6) February 5, 2015 – Police were called by a patron who stated she was assaulted while at Venue. Officers were unable to locate the caller. Venue security staff said they witnessed hair pulling and one female strike another. They told the parties to leave the club. Police were not called by Venue staff rather by a patron. 7) February 6, 2015 – A woman who was in attendance at a Chippendales show at Venue notified police that she witnessed obscene behavior at Venue. She stated that male performers exposed their genitles to the audience, groped female audience members and rubbed female’s genitals. She said that she was upset by their actions and asked for a refund and left. 8) February 6, 2015 – Officers witnessed a male dancer grab a woman by the groin so forcefully that she spilled her drink. One woman was seen placing her hands down the front of a dancers pants. Dancers were seen performing simulated sex acts with patrons. At no time were any members of the Venue staff seen addressing this behavior. 9) February 15, 2015 – Officers witnessed a fight between two women inside Venue. Venue staff were taking no action. Officers broke up the fight. 10) February 15, 2015 – While at Venue officers identified an intoxicated female. She was released to a friend. 11) February 15, 2015 – Patrons reporting a fight between two individuals inside Venue. Parties left before police could investigate. 12) February 15, 2015 – Officers identified a highly intoxicated female inside Venue. Police assisted her until a sober friend was located to take her home. 3 Venue has a high volume of calls and problems that consume a great deal of police resources. On two separate occasions police officers were assaulted while engaging with unruly Venue patrons. One of those events led to the minor injury of two officers. The situations above demonstrate continual and repeated violations of Vermont liquor laws and city ordinances. Despite Venue owners being put on notice, the day before they opened, that zoning regulations limited them to 230 patrons they themselves have reported to have up to 600 patrons in the building. Recommendations: 1) Security staff should undergo professional training and not rely on past experience. That training should specifically address how to identify pre problem cues and prevent, rather than, just respond to assaultive behavior. Training should also include how to identify individuals who may be trying to bring weapons in to the property. 2) Staff who serve liquor should attend a face to face training with Liquor Control staff so that they might better learn how to identify someone who should no longer be served alcohol. 3) Occupancy limits set by zoning regulation should be a mandatory condition of any license. 4) A active head count should be kept at all times and be made available to police upon request. 5) All crimes that take place in and involving patrons of Venue shall be reported to police without delay. 6) Lighting at entry point(s) shall be adequate to properly validate identification and judge the condition of a possible patron. 7) When instances of violence take place during a show the performance shall stop and lighting shall be increased to a level where the safety of individuals of the club can be monitored by staff. 8) The police chief, or his designee, should be notified of all shows being held at Venue at least 7 days in advance. If there is concern for patron or officer safety based upon the history of the performance the chief may mandate police coverage at the expense of the club. 4     MEMORANDUM  To: Kevin Dorn, City Manager; City Council  From: Jim Barlow, City Attorney  Date: February 20, 2015  Re: Recreation Path Easement on Dorset Street  _____________________________________________________________________________________   On June 18, 2014, the South Burlington Development Review Board (DRB) granted preliminary  and final plat approval for Wedgewood Development Corporation’s planned unit development (PUD)  at  232 Autumn Hill Road.   The property is subject to a recreation path easement along Dorset Street.  This  easement is located outside of, and parallel to, the Dorset Street right‐of‐way.  It was conveyed to the  City in 2003 as a condition of approval of a project that was never completed.  The easement is no  longer required by the City because a recreation path has been constructed by the City within the Dorset  Street right‐of‐way.       The DRB, as a condition of the 2014 approval of the Wedgewood project, has required  Wedgewood to “record the appropriate legal documents, approved by the City Attorney, to dissolve the  existing recreation path easement along Dorset Street.”   Accomplishing this will require the City to  convey the easement to Wedgewood Development Corporation.   Under 24 V.S.A. §1061, the City  Council is required to give notice of this proposed conveyance by posting a notice in at least three public  places in the City, one of which must be in or near the City clerk’s office.  Notice must also be published  in The Other Paper at least thirty (30) days prior to the proposed conveyance.   If a petition signed by  five percent of the City voters objecting the conveyance is filed within 30 days of the posting and  publication, the question of conveying the real estate must be presented to the voters for their approval  at an annual or special City meeting.  If no petition is filed, the Council may authorize the conveyance.     24 V.S.A. §1061(a).       I recommend that the City Council approve a motion to convey the recreation path easement, in  the following form:  I move to authorize the City Manager to post and publish a Notice of Conveyance of Municipal  Real Estate for the City of South Burlington’s easement over a certain strip of land twenty feet  (20’) in uniform width along Dorset Street to Wedgewood Development Corporation and to  execute a Quitclaim Deed and Abandonment of Easement to Wedgewood Development  Corporation, provided that the thirty (30) day advanced notice period passes without the filing of  a petition under 24 V.S.A.  §1061(a).   A copy of the proposed Notice of Conveyance of Municipal Real Estate is attached.       CITY OF SOUTH BURLINGTON  NOTICE OF CONVEYANCE OF MUNICIPAL REAL ESTATE   NOTICE IS HEREBY GIVEN TO THE LEGAL VOTERS OF THE CITY OF SOUTH BURLINGTON, pursuant  to 24 V.S.A. § 1061, that the City of South Burlington proposes to convey any interest it has in and to a  certain strip of land twenty feet (20’) in uniform width located along the entire length of the westerly  boundary of Wedgewood Development Corporation’s property known and numbered as 1760 Dorset  Street, said strip of land running parallel with and adjacent to the easterly sideline of the Dorset Street  right of way, to Wedgewood Development Corporation.  Said easement was conveyed to the City of  South Burlington by Easement Deed of Jeffrey S. Goldberg and Elizabeth A. Goldberg, dated November  21, 2003 and recorded in Volume 650, Page 153 of the City of South Burlington Land Records.  Said  conveyance is for the purpose of abandoning an easement over said twenty foot (20’) strip of land.  Said  conveyance will have the following terms and conditions:     Sale Price: $0.00   Terms: Quitclaim Deed and Abandonment of Easement delivered at closing.   Closing: As soon as practicable after _______________, 2015.    The property will be conveyed on the terms specified unless a petition objecting to the conveyance,  signed by at least five percent (5%) of the legal voters of the City of South Burlington, is presented to the  City Clerk within thirty (30) days of the date of publication and posting of this notice.  If such a petition is  presented, the City of South Burlington shall cause the question of whether the City of South Burlington  should convey the real estate to Wedgewood Development Corporation on the terms set forth above to  be considered at a Special City Meeting called for that purpose, or at the next Annual City Meeting.  THIS IS NOT A SOLICITATION FOR BIDS, NOR AN OFFER TO SELL THIS REAL ESTATE TO ANY PERSON ON  ANY PARTICULAR TERMS OR CONDITIONS.     Dated at South Burlington, Vermont, this _____ day of _______________, 2015.          CITY OF SOUTH BURLINGTON          By: __________________________________________        Kevin Dorn, City Manager