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HomeMy WebLinkAboutMinutes - City Council - 11/07/1988CITY COUNCIL 7 NOVEMBER 1988 The South Burlington City Council held a regular meeting on Monday, 7 November 1988, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street Members Present Paul Farrar, Chairman; John Dinklage, Molly Lambert, Michael Flaherty, William Cimonetti Also Present William Szymanski, City Manager; Mary McKearin, Business Manager; Joe Weith, City Planner, Albert Audette, Street Dept, Vi Luginbuhl, State Representative; Richard Ward, Zoning Administrator; Dick Underwood, City Assessor; Pat Brennan & Art Hogan, CCRPC; Sid Poger, The Other Paper; Mike Donoghue, Free Press; Sarah Dopp, Ann Ratkus, William O'Rourke, Victor Ratkus, Gregg Wilson, Tim Jamieson, Geoffrey Fitzgerald, Bob Cooper, Terri Feeley, Bob & Cynthia Hoehl, Marcel Beaudin, Bill Baltz, Martha Campione, James Dumont, Dick & Virginia Walters, Leon Moszkowicz, Ron Rodjenski, Fr. P. St. James, Randall Larivee Comments & Questions from the Audience (not related to items on the Agenda) No issues were raised. Report on Activities of Regional Planning Commission Mr. Farrar said the Council was seeking an update on revisions to the Regional Plan and how S. Burlington can work with the Commission on it. Mr. Brennan said the task is proving bigger than they thought, and they are 18 months behind. The major problem is differences between local and regional plans. He said that the City Planner has a copy of the latest draft of the land use section. Mr. Brennan noted that use of county facilities are growing but the facilities themselves are not growing, and the land use section says this imbalance must be addressed. Mr. Hogan said they are trying to be consistent with Act 200 and local plans and also with plans from adjoining regions. He noted all communities now use the same land use goals. Mr. Farrar said the same goals doesn't always mean the same road to get there. Mr. Hogan said communities must now "sit down and reason together". Mr. Flaherty asked if the region and the local plans cannot be made to coincide, which has priority. Mr. Hogan said the local group can appeal to a board of the state regional people. Mr. Hogan added that Regional Planning has to approve the planning process, and there will be a public hearing on this next year. He also noted that Regional Planning reviews each community's plan and certifies it. If a plan is not certified, it cannot be used before Act 250 or to impose impact fees, etc. Act 200 also requires state agencies to be compatible with local and regional plans. Mrs. Lambert said she understood that the capital budget must include items that a community may be expecting state and/or federal funding for. Mr. Hogan said he felt Act 200 was a very imaginative bill that will make local government tasks easier. He said he expects to have a total package together by January and then begin meeting with individual towns. He added that only municipally appointed representatives will vote on the new plan. Mrs. Lambert asked the status of Maple Tree Place. Mr. Hogan said 4 studies are being done and they expect reports by the end of the year. There was an attempt made to have the State Public Service Board hearing on the power lines first. This was denied by the Commission. In addition, South Burlington was denied status for criteria #10 and, along with other communities, is appealing. Mr. Hogan felt the process should get going around the end of the year. Mr. Dinklage asked if Mr. Hogan felt it was part of Regional Planning's role to propose changes to Act 200. Mr. Hogan said he felt it was but did not see substantive changes for this year. Mr. Weith noted the Planning Commission and Regional Planning are meeting on 29 November to discuss the latest version of the land use section. Ms. Luginbuhl noted that this year 1.85 per capita from the transfer tax was given to each town. She asked who is developing this formula. Mr. Hogan said the Commission of Housing and Human Affairs has a committee which received input from the League of Cities and Towns. They have to get back to the Legislature by February. He noted that obviously a per capita formula benefits towns in Chittenden County. Mr. Dinklage asked if Mr. Brennan felt he was getting enough support from the community. Mr. Brennan said he felt there should be more communication. Meet with residents of Brookwood Drive regarding noise from the Mall area Referring to correspondence with the Mall and Martins, Father St. James said he has tried to work with Ed Granai and Cindy Warren (Martin's manager) but has received only sympathy and no results. He cited 4 problems: night deliveries, noise from diesel engines, air brakes, etc., the heat pump on top of the building which goes 24 hours a day, and lights attached to the building which shine directly onto homes. Father St. Peter said they are requesting that there be no deliveries between 7 p.m. and 7 a.m., Monday-Friday and 7 p.m. and 9 a.m. on weekends and holidays, and that the offending lights be removed. Mr. Larivee, a commercial pilot, said he is required to have sufficient sleep or he cannot fly. In addition, residents feel the resale value of their homes has been affected. Mr. Dinklage asked whether there were stipulations about the lights not shining on residential properties. Mr. Weith said he would check. Another resident said they went to the police who said there is no ordinance in the city which covers such disturbances. Mr. Farrar said that is not necessarily true. Mr. Dinklage said he would like to see the stipulations from the Planning Commission and from Act 250 and would also like to discuss noise ordinances with the Police Chief. He also felt the question of limiting deliveries should be addressed with the City Attorney. Mr. Szymanski was asked to write to Mr. Granai, copying the manager of Martins, to ask what they will do to solve the problem. The letter should include mention of the fact that the City Attorney has been made aware of the situation. Mr. Flaherty said a copy of the letter should be sent to Martin's corporate headquarters. The City Manager was asked to report on progress by the next meeting. Public Hearing on Proposed Amendments to City Zoning Regulations regarding the creation of the Spear Street View Protection Zone Mr. Dinklage moved to waive reading of the proposed amendments. Mr. Flaherty seconded. Motion passed unanimously. Mr. Dumont directed the Council's attention to a letter of 4 October 1988 requesting a delay in action on this matter until both versions of the Zoning proposal can be considered. The proposed zone includes 2 sections, basically zone A to the rear of the lots and zone B to the front sections of the lots. Zone A would have limitations on height of structures and vegetation. Zone B would allow structures and vegetation without restriction within a 100 sq. ft. building envelope which could be anywhere on the lot. The purpose of the proposed zoning is to preserve view corridors. Outside of the envelopes there would be a height limitation to vegetation. Mr. Farrar said the Council has several options: it can approve the proposal, vote it down, or recommend modifications. If it is approved, it becomes law unless there is a petition for a public vote on it. If it is modified, it goes back to the Planning Commission for comment and then to another public hearing. If it is defeated, it ends there. Mrs. Lambert noted that if it is defeated, the area returns to interim zoning. Mr. Dumont noted that the City Attorney had notified him that a proposal to go back to interim zoning is on the agenda for 15 November. Mr. Weith said the Commission has not considered a request to make Interim Zoning permanent. Mr. Farrar said he would like to know what the angle would be for the nearest point in the lake to be visible. Mr. Cooper said the original angle goes back to the original interim zoning where there was an attempt to allow them to build something. Mr. Wilson, representing the Jamiesons, said they are concerned with Sect. 19.472 on landscaping. It would result in the Jamiesons being required to maintain trees below their roofline. He noted they had planned a landscape screen for privacy from the overlook park and proposed to modify the section so that any planting not exceed the height of the house. They also requested a screen be allowed between the property and park within the silhouette of the house. Mr. Dinklage suggested they present a proposal in writing with appropriate drawings. He also suggested the proposal not be tied in to a particular elevation of the park as the height of the fill is not yet determined. Dr. Ratkus gave the Council a letter to Peter Jacob from the County Forrester attesting to the trees planted on the Ratkus property for stabilization, windbreak, aesthetics, etc. There are over 1,000 trees involved, 100 along the lot line of lot 2. Dr. Ratkus said these are supposedly grandfathered because they are there now, but he questioned their ability to maintain them at a height previous to interim zoning. Mr. Szymanski said they are nice trees and well established. Mr. Weith said according to the zoning, they are now below the height limit and would have to be maintained below the limit. Existing trees over the height limitation are also grandfathered. Mr. Dumont noted the present language does not indicate whether the trees have to stay the present height or can continue to grow. Mr. Cooper noted there was another amendment at the Planning Commission meetings in which Zone B also included lot 6 and there were to be no limits on building heights or vegetation in Zone B. He said he does not favor the present proposal because he does not favor building envelopes and felt it was more of a detriment to them than a benefit to the public. He noted in the recent election, the public voted for the park, not for the view from the street. He also questioned why Lot #1 is excluded and not his lot. Mr. Weith said Lot #1 was excluded in an attempt to be fair and also because of existing vegetation. Mr. Cooper then read a letter from Mr. Meredith supporting the rights of the property owners. Mr. Moszkowitz said he felt the majority of the view is enjoyed by driving, biking, jogging, not by driving into a parking lot to look at it. He said a good portion of Zone A is now blocked by the Jamieson and Hoehl houses. He supported a return to the original interim zoning. Mr. Dumont added the original interim zoning said the full 1100+ feet was a spectacular view that needs to be preserved. He felt that the position of the Save the View group had not been adequately or promptly addressed and that the public's right to participate had not been respected. He cited a petition gathered at the bond issue election. Mr. Farrar said they did not see this as a petition as it did not ask the Planning Commission to respond to a particular proposal but was just an expression of opinion. Mr. Flaherty said the Planning Commission did act by coming in with their proposal. Mr. Dumont said the Commission knew their wishes by late July. He stressed the public wants a stricter version of this zoning and noted that the public has the right to petition to stop implementation of a zoning decision until a vote of the public can be held. He also noted that under the City Charter, the public can vote on specific language to be included in the Zoning Ordinance. Sarah Dopp said the Council should not conclude from the vote on the Meredith property that the public doesn't want to preserve the view from the street. People simply felt the price was too high. Mr. Dinklage said there is a question of fill for the park being too high and thus obstructing the view from Spear Street. He said they also need to know the impact on future development in the westerly portion of Zone A on property not contained in the 6 lots in question. Mrs. Lambert also said there is a question of the baseline being determined by the height of the park which is not now known. Mr. Dinklage said he would like a full airing of plans for the park. Mr. Dinklage said he would also like a written explanation of why Lot #1 was excluded from the proposed zoning. Mr. Dinklage moved to continue the Public Hearing until the next scheduled meeting. Mr. Flaherty seconded. Motion passed unanimously. Discuss City Planner's Proposal to hire an interne using Act 200 Funds Mr. Flaherty moved to accept the City Planner's proposal to hire an interne using the Act 200 funds. Mr. Dinklage seconded. Motion passed unanimously. Adopt resolution controlling traffic in East Woods area Mr. Szymanski presented 2 alternative resolutions, one including a "no through traffic" stipulation and one without. He noted the City Attorney had reservations about this. Mr. Flaherty moved to accept the Resolution including the "no through traffic" signs. Mr. Dinklage seconded. Mr. Cimonetti said he did not feel this was enforceable and was not comfortable being a party to it. Mr. Farrar agreed. In the vote which followed, the motion passed 3-2, Mr. Farrar and Mr. Cimonetti opposing. Report on Progress in Replacing the City Manager The Committee has met twice and ads are going out this week in national magazines and regional newspapers. Members felt there should be a strict separation of City Manager and City Engineer. The question of Mr. Szymanski remaining as a consultant in the City Engineer's position was also raised and Mr. Flaherty felt it would be difficult to explain this to a candidate. Mrs. Lambert noted the combination is almost impossible for one person to do. Mr. Farrar noted that since the City Manager responds to both the Council and Water Commission, a member of the Commission should be on the search committee. Mr. Cimonetti moved that Mr. Perkett of the Water Commission be added to the search committee with the right of substitution on the part of the Commission. Mr. Dinklage seconded. Motion passed unanimously. Progress in eliminating Airport odor Mr. Flaherty advised the Airport Commission has okayed the expenditure of up to $80,000 to eliminate the ethyl glycol from the city system. Mr. Szymanski said the City is getting bids on the pipe and it should be installed by the end of next week. Mr. Cimonetti asked if there will be controls to keep the Airport from de-icing at other than specified locations. Mr. Flaherty said this was to be coordinated with the Airport. A procedure will be written up on this. Traffic Signals at the Intersection of Timberlane & Kennedy Drive Mr. Szymanski advised that Craig Leiner feels a signal is warranted based on traffic counts. It will cost $30,000-$40,000, closer to $40,000 if it is synchronized. Members asked what impact fees are available. Mr. Audette suggested something be done on this in conjunction with the Hinesburg Rd. intersection and this would require coordination with the State. Review Zoning Agenda No issues were raised but Mrs. Lambert noted the Natural Resources Committee has recommended signs to designate the Dorset St. and Farrell Parks. Mr. Audette said a Farrell Park sign has been gotten. Social Awareness Committee Mrs. Lambert reported the committee has met twice and wants to be on the Council agenda for the first meeting in December. They also want to add Gillian Bell of the High School and Ellen Waite, a single mother to the Committee. Mrs. Lambert moved to approve the addition of Gillian Bell and Ellen Waite to the Social Awareness Committee. Mr. Flaherty seconded. Motion passed unanimously. Sign Disbursement Orders Disbursement orders were signed. Appoint representative to Lake Champlain Housing Development Corp. Mr. Farrar noted Jane Lafleur had been the representative and was not replaced when she left. Mr. Flaherty moved that Joe Weith be appointed representative to the Lake Champlain Housing Development Corp. Mr. Dinklage seconded. Motion passed unanimously. Old Business Mr. Dinklage noted receipt of a letter from the State about the Northbound ramp. He suggested support be solicited from the MPO to get this going. No meeting of the Williston Rd. Committee has been held as the State is drafting their recommendations for improvements. Committee members should be notified of this. Minutes of 17 October 1988 Mr. Dinklage moved the Minutes of 17 October be approved as written. Mr. Flaherty seconded. Motion passed unanimously. Mr. Szymanski noted that meetings are being held on the acquisition of the land from the Merv Brown development. As there was no further business to come before the Council, the meeting adjourned at 11:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. RESOLUTION ---------- BE IT RESOLVED, by the South Burlington City Council, that due to excessive speed and increased volume of traffic in the East Woods area of the City,a residentialarez,thatthe following intersections be designated as three-way stop: (1) Proctor Avenue and Orchard Road (2) Proctor Avenue and Meadow Road (3) . Hadley Road and Orchard Road Also, .that NO THROUGH TRAFFIC signs be placed on Farrell Street off Swift Street; Hadley Road off Shelburne Street; Proctor Avenue off Shelburne Street. BE IT FURTHER RESOLVED, that the appropriate signs and pavement markings be installed by the direction of the City Manager. This Resolution shall take effect upon passage. Approved : November 7, 1988 c. ! Molly Laart SOUTH BURLINGTON CITY COUNCIL