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Minutes - City Council - 07/01/1985
CITY COUNCIL 1 JULY 1985 The South Burlington City Council held a regular meeting on Monday, 1 July 1985, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, Leona Lansing, George Mona, Francis Murray Also Present William Szymanski, City Manager; Jane Bechtel, City Planner; Margaret Picard, City Clerk/Treasurer; James Goddette, Fire Department; Gloria Yandow, City Bookkeeper; Ruth Poger, The Other Paper; Kay Neubert, William Schuele, Ethel Schuele, Nick Hardin, John Dinklage, Thomas Fraga, Reg Boucher, William Wessel, Shelley Snyder, Jeanne Menard, Wayne Gibson Comments & Questions from the Audience (not related to agenda items) Mr. Flaherty requested that the Williston Rd. widening project be added to the agenda. Mr. Szymanski asked that the Liquor Control Board consider a catering permit and that the ambulance contract and the Brand property consideration be added to the Executive Session. Continue Hearing on Transitional Zone Ms. Bechtel advised that a reworded "purpose" section had been prepared (see attached). She had also discussed with the City Attorney the question of combining lots for commercial uses. The minimum lot size in the proposed district would be 10,000 sq. ft; however, smaller lots of 8,400 sq. ft. would be grandfathered in for permitted uses only, not for conditional uses. In order to develop these smaller lots for other uses, developers would either have to get a lot size variance or combine lots. If neither option is acceptable, there is some language to allow the conversion of a residential building into an office building provided there is no increase in square footage. All of these uses would require site plan review. Mr. Dinklage asked if it was made clear that only the lot size is being waived and that other conditional use criteria must still be met. Ms. Bechtel replied that state law allows for grandfathering of smaller lot size for permitted use only. After some brief discussion, Mr. Flaherty moved that in the language of the "Transitional District," as warned June 13, 1985, Section "e" be deleted from Section 17.602. Ms. Lansing seconded and the motion passed unanimously. Mr. Dinklage asked what would happen in the event there was a desire to apply this transitional zone to another section of the city. Mr. Farrar said this would constitute a zone change and would have to go through the same procedure as this zone did. Mr. Mona then moved to substitute the language for Section 17.60 as presented in the memo of the City Planner dated 28 June 1985, for the language in the drafting plan. Mr. Flaherty seconded, and the motion passed unanimously. Mr. Flaherty moved to close the public hearing and refer the amended ordinance back to the Planning Commission for their comments. Mr. Murrary seconded with unanimous approval. Mr. Farrar advised that the amended ordinance would go back to the Planning Commission who could not change anything but could make suggestions. The ordinance will then come back to the City Council for another final hearing. Mr. Dinklage noted that there is a perception that this same type of zoning will be imposed in other areas of the city. Interview applicants for appointment to Boards & Commissions 1. Bill Wessel was interviewed for reappointment to the CCTA. He advised that they had just negotiated new contracts with the drivers. He estimated that within 5 years there would be no more federal funding and only a dribble from the state, leaving the burden on the communities. They are dealing with this by cutting unproductive routes and other costs. He issued an invitation to members to visit their facility. 2. Mary Anne Gucciardi was interviewed for reappointment to the Recreation Committee. she stressed her commitment to the "participation not competition" philosophy. 3. Ethel Schuele was interviewed for reappointment to the Fine Arts Committee. She noted that Bruce O'Neill had asked her to serve again. 4. Bill Schuele was interviewed for reappointment to the Natural Resources Committee. He reported that the nature trail is very slow in coming as it depends entirely on property changing hands and land being dedicated to the City. Mr. Mona asked about the Swift St. area and Mr. Schuele said there was still one person who had not gone along with the rest of the neighbors and the Committee is trying to find a way to bypass that person's property. 5. Wayne Gibson was interviewed for the Fine Arts Committee. He felt this was an area where he could get his feet wet, so to speak. He felt he is a good resource person. 6. Shelley Snyder was interviewed for the Natural Resources Committee. Her background is in geology and water quality, and she felt she could contribute her knowledge in these areas. 7. Tom Fraga was interviewed for the Recreation Committee. He is still coordinating fall soccer and is now helping with the Burlington International Games. He is committed to making recreational facilities and programs accessible to everyone. 8. Jeanne Menard was interviewed for the Library Board. She is a librarian and sees herself especially representing the younger members of the community. Ms. Schuele advised that Ms. Menard helped design the present system. 9. Reg Boucher was interviewed for the Planning Commission. He is now President of the Bartletts Bay Homeowners Association and has attended Planning Commission meetings in Burlington and South Burlington for several years. He felt he could contribute to that Committee especially in dealing with very large projects. Mr. Farrar thanked all the applicants for coming and noted that one thing that makes South Burlington such a good community is the number of people who are willing to volunteer their services. Review Data Processing Information Mr. Szymanski advised that he would like to go ahead with the recommendations in the consultant's report. Mr. Farrar stepped down from the Council at this time due to a possible conflict of interest. Mr. Flaherty presided over the discussion that followed. Mr. Farrar offered two suggestions, first that the old system continue to be run simultaneously for a long time, and second that if there is a program that will do most of the work, buy it. Ms. Yandow advised that the School Dept. is buying a new 1184 and will be putting the elementary school on the computer. Mr. Farrar said there should be discussions with the school people so that when the city finishes with the present equipment they can sell it back to the school. Mr. Szymanski said such a discussion had already occurred and the school people are interested. Mr. Murray asked what the cost figures would be. Mr. Farrar said it would cost about $50,000 over the next 5 years as opposed to $100,000 with the present system. Mr. Mona asked if this recommendation is accepted, what is the Council committing itself to? Mr. Flaherty said the City Manager would work with the consultant and with Mr. Murray to decide which equipment would be purchased. The Council must still make the final decision. Mr. Szymanski advised that this process would take about 3 months. Mr. Mona then moved that the Council accept the report of E.T. Sanders dated 20 June 1985, and direct the City Manager and Frank Murray to bring back to the Council a recommendation for contracts for procurement of hardware and software as recommended in the study and that this be accomplished before 1 September 1985. Ms. Lansing seconded, and the motion passed 4-0, Mr. Farrar abstaining. Following the vote, Mr. Farrar resumed his seat on the Council. Sign Water Department Notes Mr. Szymanski advised there are two notes, one for the Spear Street line for $8,645 @ 6.32% with the Merchants Bank for one year, and the other for Proctor Avenue work in the amount of $28,600 also at 6.32% with the Merchants for one year. Mr. Farrar noted these rates are lower than last year. Mr. Flaherty moved that the Council sign the Water Department notes as presented by the City Manager. Mr. Mona seconded with unanimous approval. Presentation of Future Fire Station Needs Chief Goddette noted that the Guard works with them in Country Club Estates and the City works with the Guard at the Airport. Mr. Farrar asked what would happen if that relationship ended tomorrow. The Chief felt they could work out an arrangement with St. Mikes. Mr. Farrar said he noted 2 new fire stations in the Chief's recommendations. He questioned how much more value there will be in the community with what is left to be built. The Chief noted that on Shelburne Rd. they should have had another station 10 years ago considering response times. Mr. Farrar asked whether the 2 requested stations could be served by building just one near the Spear St. area. The chief said they had tried to use the 1-1/2 mile ISO criteria in making their recommendations. Mr. Farrar said they must decide what the community is willing to spend for fire protection. Mr. Murray asked whether they can afford not to provide the added protection. Mr. Farrar said they have more demands for services than there is a realistic anticipation of funds to provide those services. Mr. Mona asked whether a sub-station would cost as much as a full station. The Chief replied that there would be some reductions: a smaller facility, no chief, two trucks instead of 6. Mr. Farrar asked if there was a logical place for just one station. Chief Goddette said the center of Spear St. would be reasonable depending on the master plan being put into effect. He stressed that at 2:30 in the afternoon, it now takes them 9 minutes to get to the area beside Nordic Ford. The Council asked Chief Goddette to work through figures of potential development and the financial facts of the proposed station(s), including capital expenditure for equipment, cost per year, land acquisition, etc. Both a minimum level and a recommended level should be considered in these figures. Consider Appointing a United Nations Day Chairman Mr. Murray was appointed by common consent. Review Planning & Zoning Agendas There was no discussion. Review Minutes of 17 June 1985 Ms. Lansing moved that the Minutes of June 17, 1985 be approved as written. Mr. Flaherty seconded with unanimous approval. Sign Disbursement Orders Disbursement orders were signed. Other Business Mr. Flaherty advised that he had talked with Dave Kaufman and that the State feels the City is dragging its feet on the placement of utilities on Williston Rd. Mr. Murray said he felt that spending $100,000 for six poles was outrageous. Mr. Murray then moved that the Council go on record as opposing the payment of $100,000 to put utility poles underground. Ms. Lansing seconded with unanimous approval. Liquor Control Board Mr. Flaherty moved that the Council adjourn and meet as Liquor Control Board. Ms. Lansing seconded with unanimous consent. Mr. Szymanski presented a request from Grandvue Corporation to cater a wedding at K of C Hall, 20 July, from 5:45 until Midnight. Mr. Flaherty moved that the Board approve the request of Grandvue Corporation as presented by the City Manager. Mr. Murray seconded with unanimous consent. Mr. Flaherty then moved that to adjourn the Liquor Control Board and reconvene as City Council in Executive Session to discuss appointments to Commissions & Boards and contract negotiations and return to regular session only to make appointments. Ms. Lansing seconded with unanimous consent. Mr. Flaherty made the motion to go out of Executive Session for the purpose of making appointments to Boards and Commissions, Ms. Lansing seconded the motion. After Executive Session Mr. Murray left the meeting, however, he stated he had no objection to making the appointments and reappointments as outlined in the City Manager's Memos of June 27 & 28, 1985 Mr. Mona made the motion to reappoint and appoint the following: William Wessel to a 3 year term on the Chittenden County Transportation Authority; J. Barry Carris to a 2 year term on the Chittenden County Regional Planning Commission. Recreation Committee reappointments of Richard Leopold and Mary Anne Gucciardi each to 3 year terms and Thomas Fraga appointed to a 3 year term making a (6) member board. Fine Arts Committee reappointed to a 3 year term Ethel Schuele and appointed to a 3 year term, Wayne Gibson (to replace Jeanne Menard who did not accept reappointment). Natural Resources Committee reappointed to a three year term William Schuele. Sylvia Smith, Julie Duppstadt and appointed to a 3 year term Shelley Snyder making a (8) member board. Community Library Board of Trustees reappointed to a 3 year term Ethel Schuele and Jeanne Menard. Seconded by Leona Lansing. Mr. Mona made the motion to reappoint the following for one (1) year terms: Emergency Management Coordinator Albert C. Audette. Assistant Emergency Management Coordinator James W. Goddette. Tree Warden Albert C. Audette. City Charter Committee Fred Maher, Dale Kleppinger, John Dinklage, Robert Irish, Howard Perkett, Peter Taylor. Cemetery Committee William Szymanski, Albert Audette. Corrections Ctr. Liaison Committee Vincent D'Acuti, David Kaufman, Fred Blais, WesleyDaum, Sr., Maurice Cloutier, Clarice Fisher, Marjorie Ariano, William Szymanski, Richard Carter. Fire Department Advisory Board George Crooks, Vernon Wamsganz, Rollin Sutton, Edwin Sanborn. Burlington Airport Commission Vincent D'Acuti. Red Rocks Committee Barbara Bull, Dr. Charles Houston, Ethel Schuele, Peter Yankowski. Seconded by Mr. Flaherty. The meeting was adjourned at 10:30 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. MEMGRANDUM --- To: South Burlington City Council Re : Transitional District From: Jane S. Bechtel, City Planner Date: June 28, 1985 I have suggested revised language for the Purpose Section. (see attached) The minimum lot size for the conditional use in the Transitional Zone is set at 10,000 square feet. A number of the existing lots are less than that minimum. According to our City Attorney, exist- ing small lots are grandfathered in for permitted uses and not for conditional uses. Therefore, in order for these existing small lots to receive approval for a conditional use, either they must combine lots to meet the minimum or a variance must be granted for the lot size. Since a variance requires a "unique physical circumstance" and it is unlikely that this unique circumstance is present, there is great incentive to combine lots to obtain a conditional use. Furthermore, in order to receive approval for higher traffic generators and meet the overlay standard, there is a greater in- centive to combine lots. • A second option would involve additional language under permitted uses so that the existing residential buildings can be converted to conditional uses without needing a variance for lot size. "Conversion of structures used for residential purposes as of the effective date of this amendment may be converted to the conditional uses stated below provided they do not alter the footprint of the building or increase the useable square footage of the building." The goal is to allow existing buildings to be converted to off ice use, a conditional use. A secondary goalis to encourage combined lots and a reduction in curb cuts. Option I, as proposed, requires a combination of lots to reach the minimum lot size of 10,000 square feet for a conditional use, or it would require a variance for lot size. Option I1 would allow the conversion of existing residential structures to the stated conditional uses. It further requires new construction to have the minimum 10,000 square foot lot size. As proposed, this should not require a new warned public hearing although a copy of the changes should be filed with the City Clerk and the Planning Commission and the final decision made after 15 days. REVISED LANGUAGE FOR THE TRANSITIONAL DISTRICT 17.60: The Transitional District is designed to provide for limited commeraial uses in areas where the neiqhborhood is in transition from residential to commercial and a low intensity - colnhercial mix is appropriate. The District allows for a low in- tensity residential/commercial mix and provides protection to abutting properties through specific attention to buffers, noise, hours of operation and type of use. It is designed to allow for a variety of compatible uses in existing buildings and to allow the consolidation of small lots and the use of combined access drives for new construction when the proposed use does not significantly change the character of the abutting area. 17.602 e. or f. Conversion of structures that are used for residential purposes on the effective date of this amendment may be converted to the conditional uses stated below provided they do not alter the footprint of the building or increase the useable square footage of the building.