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HomeMy WebLinkAboutMinutes - City Council - 12/05/1988CITY COUNCIL 5 DECEMBER 1988 The South Burlington City Council held a regular meeting on Monday, 5 December 1988, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Molly Lambert, John Dinklage, William Cimonetti Also Present William Szymanski, City Manager; Joe Weith, City Planner; Merle Edwards-Orr, Lowell Krassner, James Dumont, Robert & Cynthia Hoehl, Robert Cooper, Anne & Victor Ratkus, J. Fitzgerald, Edward Granai, Edward Yetto, Fr. St. James, Vi Luginbuhl, Mary-Barbara Maher, Dennis Blodgett, Catherine Debo, Frank Mazur, Bill Baltz, Cindy Warren, M.S. Hundal, Paul Joppe-Mercure, Albert Audette, Leonard Tashman, Nancy Walsh; Wendy Schroeder, Mary McKearin, Business Managers; Sid Poger, The Other Paper; Mike Donoghue, Free Press This meeting was filmed for the Community Access Channel. 1. Comments & Questions from the Public (not related to items on the Agenda No issues were raised. 2. Progress Report from City Manager on 1987-88 & 1988-89 Goals Ms. Lambert noted the City of Burlington is opposing the Country Club Estates sewer line. Mr. Szymanski said this isn't exactly true, what they oppose is the Belter residential project in that area. 3. Report of Social Awareness Committee Mr. Edwards-Orr, Chairman of the Committee said the group is focusing on three main directions: community education, allocation of funds, and special projects. He noted that in many instances services are in place but are underutilized. Some of the special projects include: child care, services to the aged, respite care for the disabled. Mr. Dinklage suggested talking to the schools about underutilized services. The Committee will try to prioritize requests for funds for the Council to consider at budget time. 4. Continue Public Hearing on proposed amendments to the City Zoning Regulations regarding the creation of the Spear Street View Protection Zone It was noted the question had been raised about adjusting the ordinance to take into account the rise in Spear Street. Mr. Farrar said this would then go from 376 ft. to 382 ft. Mr. Krassner said he felt 6 ft. was inadequate, especially for children who are not as tall as the adults making these decisions. Mr. Farrar suggested treating Zone A and Zone B as two separate zones in the ordinance in order to clarify things for the voters. Mrs. Maher asked what happens if the original interim zoning is put on the ballot. Mr. Farrar said that the ballot could have the zones being discussed now by the Council and could have the original interim zoning. Zone A in the current proposal is the same as in the original zoning. The Council could then pass Zone A and it wouldn't have to go to the voters who could then decide on the other zone. Ms. Lambert moved to instruct the City Planner to draft the Zoning Regulations so that two separate amendments appear: one which considers Zone A and one which considers Zone B. Mr. Dinklage seconded. Mrs. Maher asked how the Council now feels philosophically on the view from the whole corridor. Mr. Farrar said he personally feels that where the 2 are in conflict, the view from the park should take precedence over the view from the street. Mr. Dinklage said he would like to preserve both views and also balance this with the rights of the property owners. Mr. Krassner noted the Natural Resources Committee had designated the whole view for protection more than 2 years ago. The original data map shows this as a broad panorama, not just a view from one point. Mr. Cimonetti asked if there is any point where Zone A and Zone B are in conflict. Mr. Farrar said there is not. Zone A protects the view from the park, Zone B mostly protects the view from Spear St. Mr. Weith said he didn't see how you could consider only Zone B. Mr. Cimonetti suggested you have either Zone A or Zones A & B. Mr. Dumont said there is a difference in the Zone A's of the original interim zoning and the one proposed by the Council and that is the landscaping allowed to screen the Jamieson house. Mr. Fitzgerald said the only reason there is no conflict with Zone A is that owners have been compromising in Zone A in order to get concessions in Zone B. In the vote which followed, the motion passed unanimously. Mr. Cimonetti then recommended moving the baseline further from Spear St. to give more clearance from the Hoehl house. No motion was forthcoming. Mr. Dinklage then moved that Sect. 19.473 be modified by deleting the words "..of 376 ft. above mean sea level" and inserting in their place the words: "..measured from a Zone B view baseline defined later..." and then adding to that section the following paragraph: "The Zone B view baseline shall be a line between a point of elevation 374 ft. above mean sea level at the intersection of Spear Street centerline and the southerly boundary of Zone B and a point of elevation 380 ft. above mean sea level at the intersection of the northerly boundary of Zone B and the Spear St. centerline." Ms. Lambert seconded. Motion passed unanimously. Mr. Cimonetti moved to continue the hearing until the next meeting with the understanding that the City Planner will have changes in place. Mr. Dinklage seconded. Motion passed unanimously. 5. Meet with residents and Mall managers regarding late night noise and also review noise data gathered by City The Council reviewed noise data gathered by the City Manager and City Planner. All readings exceeded Ordinance requirements. Mr. Farrar noted the Ordinance allows no more than 45 decibels and what was measured was nearly 60 throughout the period. Mr. Granai acknowledged this is a serious problem and that he had lost track of the problem until it came before the Council. Mr. Yetto, General Manager of Martins, said they are addressing each issue. A special engineer will be coming to examine the rooftop fan and will work to correct any problems. He anticipated this work would take no more than 60 days. Everything other than fans is now being addressed: some delivery schedules have been changes, steel plates on the loading dock have been covered with rubber, shades have been built for the lights. Mr. Farrar noted the data gathered was from 4 nights ago, so Martins still has a long way to go. A resident noted that last night a semi was unloading at 3 a.m., and the airbrakes could be heard in their home. He also noted that the Environmental Board had told Martins about the lights 2 years ago and Martins did nothing about it till now. He also said the loading dock problem has not been solved. There is just a thud now instead of a bang. He felt the only solution was to have no night deliveries. Mr. Cimonetti questioned whether it is possible to operate a semi and not be in violation of the ordinance. Mr. Yetto did not know. Mr. Cimonetti also noted there is a stipulation in the Planning Commission approval which can be looked at and enforced independent of the Zoning Ordinance. Mr. Farrar said a fence for noise screening could be required. Mr. Dinklage said the Council should not be deluded into believing some cosmetic changes to the fans will definitely solve the problem. Mr. Yetto said to try to stock the store when business is being done would inconvenience customers and put them at a disadvantage competitively. Mr. Dinklage wondered why other markets near residential neighborhoods don't have the same problem. Mr. Yetto said he did not know. The matter was continued until the next meeting. 6. Work Session regarding request for a zone change of a parcel of land located off the proposed Holmes Rd. Extension off Shelburne Rd Mr. Blodgett reminded the Council that the concern had been that a change to R-7 would allow 45,000 sq. ft. to be built. He said he still feels the best use of the land would be for offices. He has been meeting with neighbors to try to come up with a plan that would be acceptable to all concerned. There is now a plan for 26,000 sq. ft. of office space with parking kept down below. It would allow Holmes Rd. to be continued to the end of the property. The neighbors who like the plan are still concerned, however, that an R-7 zone change be limited to a specific plan. Mr. Farrar felt there might be a way to do it if the proposal is rational. Mrs. Maher said she did not feel R-4 is a reasonable use for the land because of where is located and that R-7 would have less impact on the neighbors. Mr. Dinklage said there are several other parcels of land in the city in this situation and he was concerned with this kind of thinking which would put pressure for undeveloped land to be changed from residential to commercial. Mr. Farrar said if the immediate neighbors have no problems with the plan, he would try to find a way for it to be built. Mrs. Lambert agreed. Mr. Dinklage said he wouldn't support a zone change unless there is an iron-clad way to secure the project everyone wants. Mr. Farrar will talk to the City Attorney about this. 7. Discuss with City Planner planning grant applications under Act 200. Cathy Debo of CCTA said they need the services of a full time transportation planner. They cannot go directly for Act 200 grants but can work with communities to tap this resource. She noted that S. Burlington's request for funds to study traffic for the proposed City Center had been denied but felt the Agency might consider a grant for the City and CCTA to work together on this. Mr. Weith said it would be the same proposal with CCTA added to it. Mr. Farrar felt this was reasonable as one thing that will affect density is the ability to move people in and out of the City Center. Mr. Dinklage asked if the City would be asked to fund CCTA's Planner in the future. Mr. Mazur said they would build it into their budget and are looking for other means to continue the salary. Mr. Farrar read the proposed Resolution (attached) Ms. Lambert moved the Council sign the Resolution as read. Mr. Dinklage seconded. Motion passed unanimously. 8. Set date for hearing for amendments to Zoning Regulations for City Center on Dorset St. Mr. Dinklage moved to set the hearing for January 9, 1989. Ms. Lambert seconded. Motion passed unanimously. 9. Sign Equipment Notes Mr. Szymanski presented two Noted: one for $175,000 for the Fire Station and one for $10,200 for the sweeper. Both are with the Chittenden. Ms. Lambert moved the Council sign the appropriate notes. Mr. Dinklage seconded. Motion passed unanimously. 10. Review Planning & Zoning Agendas No issues were raised. 11. Minutes of 21 November 1988 Mr. Cimonetti noted that in the motion naming him as liaison with the University, it is understood he will be working with the Board of Trustees and also the administration. Mr. Cimonetti moved the Minutes be approved as noted. Mr. Dinklage seconded. Motion passed unanimously. 12. Other Business a) Mr. Dinklage said he would like to see 2 different plans for Overlook Park before a decision is made. He suggested funds be authorized for a consultant to review plans to allow a view over the Jamieson house from one spot but also designing the rest of the park to allow some view from Spear St. It was agreed this will be done. b) Cimonetti asked the schedule for budget review. Mr. Szymanski said it usually comes to the Council in February. Mr. Farrar noted last year the capital budget was updated ahead, possibly the second meeting in January. c) Mr. Szymanski presented 3 streets to accept: Butler Drive, Adirondack Street, and Worcester Street. Ms. Lambert moved to accept the streets as indicated by the City Manager. Mr. Dinklage seconded. Motion passed. d) Timberland traffic signal: Mr. Audette said it would take at least 6 months to get accident reports from the Police. He said he will prioritize traffic signal needs for capital budget consideration. Executive Session Ms. Lambert moved the Council adjourn and meet in Executive Session to discuss pending legal matters with the City Attorney. Mr. Dinklage seconded. Motion passed unanimously. By motion of Bill Cimonetti and seconded by Mike Flaherty the Regular Session reconvened at approximately 12:00 midnight. By unanimous agreement the following items were added to the Agenda: (1) Sign Assurance of Discontinuance for the Bartletts Bay sewage treatment plant discharge. Molly moved that the Chairman Paul Farrar be authorized to sign the assurance upon completion of the review by the City Attorney Steve Stitzel. Motion seconded by John Dinklage. There was no discussion and all voted in favor. (2) Sign Police Department Computer Lease purchase agreement upon completion of the review by the City Attorney Steve Stitzel. Molly moved that Mike Flaherty be authorized to sign the lease purchase agreement for the Police Department computer upon completion of the review by City Attorney Steve Stitzel. Seconded by John Dinklage, there was no further discussion and all voted in favor. Molly moved to adjourn the meeting, seconded by John Dinklage, all were in favor. Meeting adjourned at 12:15 AM, December 6, 1988. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. Single Application 111. RESOLUPION FOR GRANT APPLICATION AUTHORITY WHEREAS, the City of South Burlington is applying for a Special Planning Grant under the Department of Housing and Community Affairs, and WHEREAS, it is necessary that an application be made and agreements with the State of Vermont be entered into, I NOW, THEREFORE, BE IT RESOLVED as follows: 1. that the City of South Burlinaton applies for a Speaial Planning Grant under the terms and conditions of Act 200 8ec. 5 (a)(Z)(D) and enter into and agree to the requirement^ and obligations, snd . la 2. that Hichael D. Flaherty is hereby authorized to execute and pravide, on behalf of this munioipslity, all doouments and i~forMtf0n neasssary for the oorpletion of esid applioation. Pud this 5th day of Dsaember. 1988. < LBCIISLATIVB BODY --Off imr f Typed Name P J. r- V The above resolution im a true and oorreat aopy of the resolution as finally adopted at a meeting of the South Burlington City Council held on the 5th day of December, 1988, and duly filed in 4 office. BOF, I hereunto set my hand thin 2, of , 1988. ..- .. Laura K. Reindars, ass't. I ~ypedNsrel (SEAL)