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HomeMy WebLinkAboutMinutes - City Council - 12/19/1988CITY COUNCIL 19 DECEMBER 1988 The South Burlington City Council held a regular meeting on Monday, 19 December 1988, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street Members Present Michael Flaherty Acting Chairman; John Dinklage, Molly Lambert, William Cimonetti Also Present William Szymanski, City Manager; Mary McKearin, Business Manager; Joe Weith, City Planner, John Race, Police Chief; Victor Ratkus, Ann Ratkus, Tom Matthew, Cindy Warren, Bud Yetto, Fr. St. James, Robert Cooper Comments & Questions from the Audience (not related to items on the Agenda) No issues were raised. Continue Public Hearing on Proposed Amendments to City Zoning Regulations regarding the creation of the Spear Street View Protection Zone to include mainly changes as discussed at the 5 December 1988 meeting Mr. Weith presented 3 versions of proposed zoning: a Ordinance for Zone A, an Ordinance for Zone B, and a revised Ordinance to include Zones A & B. The Zone A Ordinance, he said, could be adopted and could serve until a Zone B Ordinance is passed. He added that the revised Ordinances must go back to the Planning Commission for their comments. It was noted that the Commission has considered the original Interim Zoning as required because of the public petition. This will be sent back to the City Council with a recommendation that the Commission's original proposal be followed. Mr. Weith then outlined the changes and amendments to the Ordinances under consideration. In Sect. 19.472, it is now noted that the building can go anywhere in the hexagon; in Sect. 19.473, the words "which is accessory to the property" have been added; there is also a clarification of what happens when the building envelope extends into Zone A. The Zone B baseline revisions (374' at the southern point and 380' at the northern point) have also been included. These are shown on the map, not in the text. Mr. Dinklage asked how the baseline is determined in Sect. 19.472 of the Zone A ordinance. Mr. Weith said it is determined from the edge of the right-of-way. Mr. Weith noted that the Zone A Ordinance does not contain a Section III which repeals the Interim Zoning. If Zone A is adopted alone, Interim Zoning would still be in effect in Zone B. The Zone B Ordinance does contain a section that repeals Interim Zoning. Mr. Cimonetti said he felt there should be a thorough review to see that there is no conflict between the Interim Zoning Zone A and what is now proposed. Mr. Dinklage said that if Zone A is passed by itself, Interim Zoning still prevails. When Interim Zoning is repealed, Zone A zoning will then prevail. He said the law is usually that the more restrictive ordinance prevails when both are deemed to be in effect. Mr. Cimonetti said this should be confirmed by the City Attorney. Mr. Ratkus said he thought the City has to do a survey of the land in order to do anything at all. Mr. Weith said he had referred this question to the City Attorney but did not have an answer on it as yet. Mr. Cooper raised the question of changing the angle to make Zone B more equitable. He noted there could be a problem if someone builds on the lower part of the Meredith lot and blocks his view. He felt the angle could be changed part way to the northwest. Mr. Dinklage noted that problem was always possible and did not feel Zones A and B made it any worse. Mr. Cooper said he might be forced closer to the road. Mr. Flaherty suggested bringing in specific wording to the next hearing. Mr. Weith felt that angling it back toward the original line would not do any good. If you can build in that area, everything north is blocked from the park. Mr. Dinklage moved that the hearing be continued until the next meeting. Ms. Lambert seconded. Motion passed unanimously. Report from Martin's Food Store regarding steps taken to control noise Tom Matthew, Facility Manager of Hanaford Brothers, reported that in their tests, they found that no mechanical equipment other than the vent fans cause noise in the area. He acknowledged that the fans clearly put them over the statutory limit. He said equipment has been ordered to take care of this situation. It will have variable speed controls which will allow lower, quieter speeds at night. If this doesn't solve the problem, accoustical baffles will be added. He anticipated step 1 would be completed in 10-14 days. Mr. Matthew said there is still a problem of truck noise and steps are being taken in this area as well. Dock levelers will be replaced with hydraulic levelers and accoustical dampeners will be put on the entire area. They will also wall up the back will of the vendor receiving area. Mr. Szymanski asked if Mr. Matthew had taken noise measurements on the trucks. Mr. Matthew said in the early morning hours, a truck leaving was a 58 dba and a truck idling was at 57 dba. The release of air brakes hit 65 dba. The loudest noise occurred when levelers came down on the trucks. He said these noises were of less than 5 minutes duration. Mr. Flaherty asked how many deliveries occur at night. Ms. Warren said there are scheduled deliveries at 9:30 pm, 3:30 am and 4 am. Local vendors also deliver at various hours throughout the day and night. Mr. Cimonetti asked if deliveries can be rescheduled. He said he had a hard time understanding why local vendors have to make deliveries at 4 or 5 am. He felt they could adjust their schedules to go to markets where there is no residential interference during the early hours of the morning and go to the Martins store at times that do not interfere with the sleep of the residents. Mr. Yetto said there is a lot of time between the delivery of a product and the time it hits the shelves. He added if it comes down to that, they would work on it. Mr. Flaherty asked the time frame for the indicated work. Mr. Matthew said it would take about 6 weeks for the dock levelers and also to block up the vendor delivery area. The new consensor would take 10-14 days. Consider Police Department Request to Amend the Firearms Ordinance to eliminate discharge of firearms throughout the entire City Mr. Szymanski noted that shooting is now allowed east of Dorset Street, South of the Interstate. Chief Race said the Department feels it is not safe to shoot anywhere in the City. He also noted the new City Park would be in the allowable shooting zone, and this is a clear potential for tragedy. He noted that two of his best firearms people raised the issue. Mr. Szymanski noted there may have to be an exemption for defense of livestock that are being attacked. An Ordinance amendment will be drafted. Review Planning Commission Agenda for 20 December 1988 Ms. Lambert commented on the Commission Minutes in which Mr. Jacob indicated he felt it would be a good idea for the remainder of the Nowland land to be purchased by the City for park land. Minutes of 5 December and 14 December 1988 Ms. Lambert moved the Minutes of 5 December and 14 December be approved as written. Mr. Dinklage seconded. Motion passed unanimously. Sign Disbursement Orders Disbursement orders were signed. Sign Equipment Note for Sidewalk Plow Mr. Szymanski presented the note for $24,000 at 6.6% interest at the Chittenden Bank. Mr. Dinklage moved the Council sign the note and accompanying documents as presented. Ms. Lambert seconded. Motion passed unanimously. UVM Report Mr. Cimonetti reported he had spoken with administrative officers and scheduled a meeting on 6 December. There was a general discussion on a number of issues and he received a copy of long range plans. He noted these do not deal with properties south of the Ag Farm on Spear Street. The President said the Agriculture School will not be diminished but will probably be enhanced, and there are some long range plans for some relocation but nothing in the immediate future. A special committee of Trustees and Administrators is scheduled with a developer interested in a land swap. South Burlington will be notified as to what happens at that meeting. Mr. Cimonetti said it was agreed that UVM will establish a data base of all university lands in South Burlington with present and future anticipated uses noted. He felt the city should do some "what if-ing" regarding appropriate usage of University property if it is not longer University property. Other Business a) Mr. Dinklake noted the Natural Resources Committee had recommended that a sign be placed to indicate the Dorset St. Park. Mr. Szymanski said a sign has been gotten for that park and for Farrell Park. They will be put up in the spring. b) It was noted that a citizen has complained about a dip on Williston Rd. which is causing a problem near his home. Mr. Szymanski said there is a concrete slab which is probably cracked. He said he has been trying to get it corrected. It may be necessary to appropriate some money for this in the next budget. Ms. Lambert said the new lane into Grand Union already had rippled concrete. Mr. Audette said it is the worst paving job he has ever seen. c) Mr. Dinklage asked if there is a list of requests for budget items that do not get into the budget. Mr. Szymanski said he always prepares a "wish list" of such items. Ms. Lambert asked that requests for social service types of appropriations should be funneled to the Social Awareness Committee. As there was not further business to come before the Council, the meeting adjourned at 9:30 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.