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Minutes - City Council - 04/03/1989
CITY COUNCIL 3 APRIL 1989 The South Burlington City Council held a meeting on Monday, 3 April 1989, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage, Molly Lambert, William Cimonetti Also Present William Szymanski, City Manager; Mary McKearin, Business Manager; Sid Poger, The Other Paper; Mike Donoghue, Free Press; Chris Cavin, Jill Coffrin, Laurie Parker, Tom Hubbard, Bill Schuele, Bob Cooper, Geoffrey Fitzgerald, Laura DeMaroney, Sally Highes, Dara Leip, Mary Hulette, David Boehm, Joe McLaughlin, Velma Marcotte, Martha Campione, Maura Weatherly, Mary Dawes, James Coffrin, Patty Hallam, Peggy Leslie, Susan Schulman, Mary Lou Newhouse, Elaine Rublee, Jim Rublee, Conrad Wexelblatt, Nancy & George Chamberland, Cynthia & Robert Hoehl, Anne & Victor Ratkus, Michael Torpey 1. Comments & questions from the public, not related to items on the Agenda No issues were raised. 2. Interim Zoning Public Hearing - Application of Robert Cooper for the construction of a single family home in the Spear Street Scenic Overlook District Mr. Farrar announced that as Mr. Cooper's architect could not be present, Mr. Cooper had asked for a postponement. Mr. Flaherty moved to Continue the Public Hearing until 17 April 1989. Mr. Cimonetti seconded. Motion passed unanimously. 3. Meet with a group of local citizens to discuss bicycle paths Ms. Cavin noted that in S. Burlington neighborhoods are divided by location, by the Interstate, etc. She also noted that bikers, walkers, joggers, and others are out on the city streets. There has been a lot of growth in the City and in surrounding communities, so that there is a lot of traffic. People are afraid that something tragic will happen to those on foot on the roads. She also noted that development is claiming a lot of open lands and it is the feeling of many in the community that some of these lands should be connected and preserved. Ms. Cavin said their concerns fall into three categories: safety, transportation, and recreation. With regard to safety, they would like to see bikers, walkers, and joggers separated from cars. With regard to transportation, they want to see neighborhoods connected and also connections of existing paths, parks, and bike paths in other adjoining communities. With regard to recreation, they would like to see a path people could enjoy. Ms. Cavin noted that Stowe and Burlington have already done something in this line. Jill Coffrin said they have gathered a lot of information and support in the city. She commended the Natural Resources and Recreation Depts on the nature trails but felt that what was also needed is a paved trail for walkers, joggers, and bikers. She showed a map of a proposed path encompassing 2 main east-west routes connected by several north-south routes. There would be a connection to the Burlington path and possibly a connection to Shelburne & Williston. The committee feels that the path should be 8 ft. wide and should be off-road so as to make getting easements easier. Ms. Coffrin said they want to work with the city in 3 main areas: establishing an official group to co-ordinate the project, securing of funds for a preliminary study, and inclusion of the recreation path in the revised Comprehensive Plan. Mr. Cimonetti asked if they had any figures on construction and/or maintenance. Ms. Coffrin said in Stowe it cost $15-20 for construction. She didn't know about maintenance. Mr. Farrar estimated the proposed path was about 70 miles. Mr. Dinklage noted parts of the path could be secured as tie-ins with development projects. Mr. Cimonetti suggested that taxpayer feedback be gotten on the question of doing it all at once or doing it in pieces. Ms. Parker said they first want to get a commitment to the concept and then have it included in the Comprehensive Plan. She said they are an advisory group. She said they already have contacted some people who would donate an easement on their land for this purpose. Mr. Farrar said the place to start getting something into the Comprehensive Plan is at the Planning Commission. Mr. Dinklage suggested formally having the group meet with the Planning Commission as a regular agenda item with both the Natural Resources and Recreation people present. They could all then come back to the Council with a joint proposal. Mr. Cimonetti again stressed the cost and felt if there was taxpayer support, it should be a ballot item. Mrs. Lambert noted there had been interest in Burlington in connecting the bike paths. Mrs. Lambert moved that the ad hoc committee chaired by Chris Cavin meet with the Natural Resources and Recreation Committee and present a joint report on the bike path proposal to the Planning Commission with a copy to the City Council. Mr. Dinklage seconded. Motion passed 4-0 with Mr. Cimonetti abstaining. 4. Meet with Brookwood Drive residents on the Martin's noise problem Residents noted that the problem still exists, even with the changes made by Martins. The clanging of trucks starts at 9 PM and goes on all night. They did note the lighting has been improved, but the noise is still terrible. They felt the noise could only be eliminated by stopping night deliveries. Mr. Yetto of Martins said it is their contention that with the changes to the fans they are now in compliance with the decibel part of the law. They have been talking about buffering. He stressed they understand the frustrations and have been trying to solve the problems. They are now trying to get some expertise in plantings and fencing. Mr. Flaherty said the bottom line is that a person with a home in a residential area is entitled to a night's sleep. A neighbor noted that at 3:48 am his house was shaken by the noise. He said the noise of air brakes on the trucks is over the decibel limit. Mr. Flaherty asked how hard it would be to change deliveries to 6 am. Mr. Yetto said that changes are not easy. Mr. Cimonetti said that on Wednesday, he, Mr. Farrar, Mr. Szymanski, Fr. St. James, Mr. Yetto and a representative from Hanaford Bros. had met. It was agreed that local delivery trucks would now be scheduled to arrive not earlier than 6 am or would be required to deliver to the front doors. On trucks that deliver through the night. Mr. Yetto will see if trucks can possibly be scheduled so the first truck arrives an hour earlier and the last one an hour later. Trucks making other stops would be scheduled to come to this location out of the critical time. They also talked a lot about noise buffering. Mr. Cimonetti said he felt expense was not the issue if the problem can be solved. Any proposed solution will be brought to the Council for consideration Mr. Cimonetti said he was not sure that at present there is a noise ordinance that can be enforced. Mr. Yetto said that the hydraulic levelers will be in, in about 2 weeks. By April 10, Dr. Hundal and the landscape designer will meet on plantings and fencing. There should be a report for the next Council meeting. Mr. Dinklage said it is important to establish a baseline by having a continuous sound analysis at the property line to see where bursts of noise fall. Mr. Yetto said as a last resort they would consider construction of an inside dock, but even then there would be the problem of trucks going in and out. Mr. Cimonetti said if it reaches a point where neighbors say they would never be satisfied except by having no trucks, the Council will have to deal with that as mitigating measures would be useless. He added there has to be an assessment of the Ordinance to see what is enforceable. Mr. Dinklage said he would like to see a meeting with the City Attorney, Zoning Administrator, and Police Chief on enforcement of the noise code. Mr. Cimonetti suggested getting a copy of ordinances from other communities. Mr. Farrar noted that noise was a consideration in the Planning Commission approval. Mr. Schuele said he would like to see a way to measure noise. He also felt that setbacks from residential areas should be reconsidered for the good of the whole city. Mr. Dinklage noted that a U.S. Post Office facility is being thought of on Hinesburg Rd. which would mean tractor trailers through the night. Fr. St. James noted a new problem in the area which is a swamp that may be the result of new construction at the old Hilson location. Mr. Szymanski will look into this. 5. Consider lifting ban on accepting outside septic tank loads at the City Airport Parkway treatment Plant and review the charges for service Mr. Dinklage moved to modify the policy on accepting outside tank loads at the city Airport Parkway Treatment Plant consistant with recommendations made by the City Manager in his memo of 31 March 1989. Mr. Flaherty seconded. Mr. Cimonetti felt it was not possible to figure out which is South Burlington product and which is not. Mr. Szymanski did not feel this was a problem. If it gets to be too much, the plant won't be able to handle it, and the city won't accept it. In the vote which followed, the motion passed 4-1, Mr. Cimonetti opposing. 6. Review Planning Agenda No issues were raised. 7. Minutes of 20 March 1989 Mr. Flaherty moved to approve the Minutes of 20 March 1989 as written. Mr. Dinklage seconded. Motion passed unanimously. 8. Sign Disbursement Orders Disbursement orders were signed. Other Business Ms. Lambert said the city should make its interest known with regard to municipal revenue sharing. About $53,000 is involved. Mr. Farrar said it may be a question of what the City doesn't get if it gets this money. Mrs. Lambert felt it should be looked into. Mr. Cimonetti felt there should be discussion on the School District Audit Management letter. Mr. Farrar suggested it be on the agenda for the next Steering Committee meeting. Mr. Cimonetti said he would like to see it discussed at the next Council meeting. Mr. Farrar noted receipt from the City Attorney of a letter on closing the landfill. He said the problem is not in setting aside money for this but in spending it. He said there are several possibilities that fall outside Charter limits or there could be a Charter change. The decision doesn't have to be made this year. Liquor Control Board Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mrs. Lambert seconded. Motion passed unanimously. Mr. Szymanski presented requests for 2 catering permits, one from Saga Foods (St. Michael's College) for a wedding at K of C Hall, 22 April 1989, from 5 pm to Midnight, and the other for Weather-bees' for a wedding at K of C Hall on 29 April from 11:30 am to 9:30 pm. Mr. Flaherty moved to approve the 2 catering permits as presented. Mr. Dinklage seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting adjourned at 9:30 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. ; @ TO: South Burlington City Council FROM: City Manager William J. Szymanski RE: Septic Loads DATE: March 31, 1989 The State Department of Environmental Conservation has approached the City to relax our ban on accepting outside septic loads. Winooski has been accepting the major portion of outside loads, but due to a sludge accumulation, they had to suspend taking outside loads creating a County wide problem. Water Pollution Control Superintendent Don Whitten said that we can accept additional outside septic loads at our Airport Parkway Plant and still meet our discharge permit standards. After a year of operating our new plant we recommend that we increase our septic load charges from $20.00 to $25.00 per 1,000 gallons for , South Burlington residents and accept outside loads for $15.00 per 1,000 gallons. The difference being for debt payment on the plant.