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HomeMy WebLinkAboutMinutes - City Council - 10/03/1983CITY COUNCIL OCTOBER 3, 1983 The South Burlington City Council held a regular meeting on Monday, October 3, 1983, at 6:30 pm, in the Conference Rooms, City Hall, 575 Dorset Street. Members Present Hugh Marvin, Chairman; Leona Lansing, Paul Farrar, William Peters Member Absent Michael Flaherty Others Present William Szymanski, City Manager; David Minnich, Assistant City Manager; Margaret Picard, City Clerk; Treasurer; Richard Ward, Zoning Administrator; Albert C. Audette, Street Department; Lowell Krassner, William Schuele, Natural Resources Committee; J. Patrick Brennan, Airport Noise Committee; Ruth Poger, The Other Paper; David Spitz, Former City Planner; Ron Schmucker, Leo O'Brien, Jr., Bob Marcellino EXECUTIVE SESSION (Mini Conference Room) Mr. Farrar moved that the Council go into executive session to discuss disciplinary action against a City employee and to discuss an easement across city land for Winding Brook Condominium development. Ms. Lansing seconded with unanimous approval. Following the executive session, Mr. Farrar moved that the Council resume its regular meeting. Ms. Lansing seconded with unanimous approval. REGULAR MEETING (Large Conference Room) PUBLIC HEARING: Proposed Amendments to Subdivision Regulations Mr. Spitz explained that items 202.3, 204.3, and 508 were a tightening up procedure. The first two items now require that if any stipulations have been placed, an administrative officer must attest that they have been met before final plat can be filed. Item 508 says that if all required submissions are not complete, within 90 days, then subdivision approval shall be void and the application must be resubmitted for final plat approval. Regarding recreation fees, there was a problem because these were based on land value in the assessor's records which did not recognize the needs of the town. It is suggested that this procedure be replaced by a flat fee. Mr. Farrar moved that formal reading of the proposed subdivision regulations revisions be waived. Mr. Peters seconded with unanimous consent. Mr. Schmucker said he would hate to see an approval so hard fought for, lost if it might be the City's fault that approval is not given within 90 days. Mr. Spitz said that the City Attorney has advised that no stipulations should be hanging over after final plat; only minor details should remain. Mr. Schmucker said drafting of further deeds, easements, etc. may have to be done. Mr. Ward noted that there are 18 months between submission of preliminary plat and final plat, and he felt this is time for everything to be done by final plat. Mr. Spitz added that all that would be lost would be final approval. He added that the 18 months has been reduced to 12. Mr. Schmucker agreed that this was adequate. Mr. Farrar then moved that the Council approve the proposed revisions to the Subdivision Regulations as presented this evening. Ms. Lansing seconded. Mr. Schmucker indicated he was present to represent O'Brien Brothers regarding Business Park North. They felt that revisions to Article II would threaten that project as their reading seems to indicate that if a project has not been developed entirely within 3 years after it has been granted a zoning permit, it is considered partly undeveloped and must come before the City again. Mr. Ward said the intent is to control a subdivision that hasn't even started within the 3 year period. Mr. Farrar said it was his understanding that a subdivision is complete even though the lots have not been sold, but it would be difficult with the present language to distinguish between the two situations. Mr. Spitz indicated that the revision was in response to some old plats that do not meet current regulations. He acknowledged that the language might be better. Mr. Farrar then amended his motion to strike the language under Article II beginning with "Any person proposing" and ending with the end of paragraph (b) (subdivision approval." Ms. Lansing seconded and the amendment was unanimously accepted. In a vote which followed the motion was unanimously approved as amended. Mr. Spitz then suggested a recreation fee of $200.00 per unit. Mr. Farrar noted this would require a resolution and that it should be on the next meeting's agenda. Report from the City Noise Prevention Committee Mr. Brennan presented the Committee's Charter. He noted that Mr. Houghton is ordering FAA Part 150 information for the Committee and that this has been successfully used in Boston and Seattle. Regarding a time schedule, Mr. Brennan said he felt that within 2 or 3 months they could have maps and zoning problems investigated. They also can have met with appropriate groups on flight patterns and can come back and report what they think is possible in the way of changes. Other items will probably get attention in the spring. He added that South Burlington is pretty much at the mercy of other members on the Airport Commission, and this Committee will help create a better pipeline between the two. Mr. Marvin asked if another airport tour can be arranged and Mr. Brennan said he would try. Mr. Farrar moved that the Council approve the document dated 10/3/83 as far as the list of activities to be performed by the "noise committee". Ms. Lansing seconded with unanimous approval. Mr. Brennan noted that there will be an Act 250 hearing on the Belter property in Essex Junction on October 18, 1983 and that there should be representatives from the City and from the Planning Commission. He asked if he could represent the City. Mr. Szymanski said they should have legal advice on that. Mr. Brennan also advised that he had been asked by the Adjutant General to advise on the toxic dump cleanup at the Airport as he had some expertise in the area. Mr. Szymanski said he could see no objection, and Mr. Brennan said he would report back to the Council. Discuss road improvement projects to be considered for Federal Funds for the 1984 construction season A letter from Joe Landry advises that funds in the amount of $118,934 will be available for road improvements for fiscal year 1984 and that similar amounts should be available in 1985 and 1986. The City has been asked to give recommendations on improvements desired as soon as possible. The City will have to match the funds with 25%. This money can be used only for streets under urban systems. This include: Spear, Swift, Dorset Streets; Allen, Williston, Cheese Factory, Patchen Road; Kimball Ave., Airport Drive, Airport Parkway from Kirby Rd to the Lime Kiln Bridge, and the Southern Connector. After the list is complete, it will have to be submitted through the MPO. Mr. Szymanski suggested work on the Shunpike Road extension, the completion of Patchen Road curbing and repaving, repairs to Cheese Factory Rd., Allen Road and Dorset Street from Kennedy Drive south to the line, and repaving of Williston Rd. from Hinesburg Rd. east. He noted that some of these projects are included in the Bond Issue. Mr. Farrar explained that as of now, the City is not entitled to these funds until approved by the MPO. It may be that certain communities may be deemed to have already gotten their share and that some communities may not have enough road work to do. Others may not be able to get matching funds. He suggested a list 4 1/2 times what the City would expect to get and also a priority and an estimate of the matching funds we can come up with. He would hope to have this by the third Friday of October to go to the MPO for approval in the next few months. Mr. Peters asked if sewers will be considered so that work that is done will not have to be redone later for sewers. Discuss easement across City land for Winding Brook Condominium Development Mr. Szymanski explained that the property involved has 638 ft. frontage on Kennedy Drive and 100+ feet on Hinesburg Rd. The request is for this development to connect onto the Sugar Tree Entrance. They got an easement from the previous owner of 30 x 60 feet. This request is to eliminate a second opening onto Kennedy Drive. Mr. Szymanski said the only problem would be if the City bought the land with Federal Funds. Mr. Farrar noted that the Council would just be giving the right to build 50 feet of road that the City would have to build anyway. Mr. Farrar then moved that the City Manager be empowered to sign the deed for the granting of a right-of-way over City land on Kennedy Drive for Homestead Design and that the City Council sign the resolution so stating. Mr. Peters seconded. Mr. Peters asked what the problems would be if the land were bought with federal funds. He suggested tabling the motion until this can be determined. Mr. Marcellino of Homestead Design noted it has been over two years since the project was approved and that they are in a time crunch now. The issue was raised weeks ago, and he felt the City Attorney had had ample time to review it. Mr. Farrar then withdrew his previous motion and moved instead that the City Council sign the resolution and approve the transfer at "such time as the City Attorney has reviewed the matter. Mr. Peters seconded, and the motions passed unanimously. Review Zoning Agenda Ms. Lansing called attention to Item 6 in which the applicant wants to put in a parking lot within 100 feet of the brook. Mr. Farrar said the City Manager could be instructed to attend the meeting and ask for a delay or the Council could make an objection. He added that he personally did not know enough about the situation to oppose it, but he was willing to ask for a delay. Mr. Farrar then moved that the Council request the City Manager to convey to the Zoning Board a request to delay approval on Item #6 until such time as the Council has had a chance to check with the Natural Resources Board and the City Engineer to see if building in this conservation zone is appropriate. Ms. Lansing seconded and the motion passed unanimously. Mr. Schuele then noted that in the City, the City Council and Planning Commission have set the concept of Conservation Zone, but each time someone has asked to build within such a zone, they have allowed them to proceed. He felt the City should make a firm stand that these are not areas to build in. He asked the Council to remind the Zoning Board that building in a conservation zone is not an acceptable procedure. Ms. Lansing then moved that the City Manager write to the Zoning Board and Planning Commission stating that Conservation Areas are not to be enfringed upon by development and that the City Council see the letter before it is sent. Mr. Farrar seconded and the motion was passed unanimously. Read Minutes of Regular Meeting of September 19, 1983 Mr. Farrar moved that the Minutes of September 19, 1983 be approved as printed. Mr. Peters seconded, and the motion passed 3-0 with Ms. Lansing abstaining. Sign Disbursement Orders Disbursement Orders were signed. Other Business Mr. Marvin noted that some time ago he had met with Sid Poger, Chairman of the Planning Commission. They discussed a Post Office substation on Shelburne Rd. which is to serve Burlington and very little of South Burlington. He said they felt the problem is that South Burlington has no zip code of its own. Mr. Poger also had said that he thought the city was making a mistake not to change its name. Mr. Marvin agreed and said he thought it was time to consider this, possibly having a contest to choose a new name. He added that 2/3 of the City's taxpayers live in what is properly designated as "East Burlington." Mr. Farrar noted that this had been tried before with disastrous results. He felt there was no reason the City couldn't get its own zip code without changing its name. Mr. Farrar moved for adjournment, and the meeting adjourned at 8:50 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington City Council "noise prevention" Committee Charter: Advise the City Council on recommended action by the City of South Burlington and other governmental bodies to insure minimum impact on the citizens of South Burlington from Burlington International Airport operations and development. "Minimum impact" shall apply to both short term (eg. , noise) an.d long term (eg. tax revenues /property values) effects. Possible areas of investigation (or action) . Compatible land use and zoning on and off the Airport . Modification of Airport operations (military and civilian) - Flight Patterns - Time of Day - Ground Noise - hi Tf w, y: praG Y GJ-Jd . Publiah.&rport Noise Complaint Procedures . Me tropolitian Planning Organization (MPO) d- . FAA Part 150 (noise abatement) . Regional Authority Operations of Airport Hespecffully Submitted, d. 4 iu& /6?h/f> J. Patrick Brennan, Chairman jmb