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HomeMy WebLinkAboutMinutes - City Council - 02/06/1989CITY COUNCIL 6 FEBRUARY 1989 The South Burlington City Council held a regular meeting on Monday, 6 February 1989, at 7:30 p.m., 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; Joe Weith, City Planner; Sonny Audette, Street Dept; Wendy Schroeder, Business Mgr; Sid Poger, The Other Paper; Robert & Cynthia Hoehl; Robert Cooper, Victor & Ann Ratkus; Martha Campione, Carol Chase, Fr. St. James, D. Boehm, K. Yacob, E. Guyette, G. Grand, R. Simpson, G. Freehan, K. Laventure, A. Whiteside, B. Bull, J. Kan, P. Andrew, Ann Pugh, M. O'Rourke, M. Baltzley, D. Baltzley, M. Kelley, E. Costello, Jr., T. Jamieson, S. Dopp, J. Crook Comments & Questions from the Audience (not related to items on the Agenda) No issues were raised. Public Hearings on amendments to City Zoning Regulations: a) to make permanent the Interim Zoning Regulations for the Spear Street Overlook District: Mr. Farrar said there were both constitutional and aesthetic questions involved. The Constitution provides that private property not be taken for public use without just compensation. Mr. Dinklage moved to include into the record of this hearing all of the evidence from previous hearings on the Hoehl building permit application and all prior hearings for the zone change recommended by the Planning Commission. Mr. Flaherty seconded. Mr. Farrar explained a petition had been submitted asking the Council to make permanent the Interim Zoning. The Council is required to refer this to the Planning Commission for comments but not for changes. The Council can modify, vote in favor, or vote against it. Since it was presented to the Council under the Planning & Zoning Act, it required 5% of the voters' signatures. He said as he understands the law, if the document with any modifications is ultimately rejected by the Council, a request of 5% of the voters can force the document as voted on by the Council to be put on the ballot for voters to vote on. In the vote which followed, the motion passed unanimously. Martha Campione, speaking for Save the View, made a statement favoring the making of Interim Zoning permanent. They feel view corridors do not protect the view from Spear Street. She said it was their belief that requiring setbacks does not constitute a take of land. They also favor excluding the Ratkus Lot #1 from the Zone. Save the View feels the voters should have a chance to decide this issue and noted the growing concern about irresponsible growth and development. She said what they want is well thought out development. Mr. Hoehl said the document could not be passed as is because it contains some negative elevations. He also felt lots 2 & 3 would be unbuildable because houses would be on top of the sewer line. He felt passage of this document would be tampering with the Bill of Rights which says that the rights to life, liberty, property, free press, worship, assembly, etc., cannot be put to a vote. Mr. Cooper said he didn't feel that after months of the Council and Planning Commission dealing with this issue the public could make an intelligent decision as they didn't have the facts. Mrs. Ratkus asked what it costs to put something on the ballot. Mr. Farrar said in a regular ballot, very little, for a special election about $2,000. Mr. Weith said his figures do not show a negative elevations and this point had been brought up by a Laurel Hill resident. He felt lots 2 and 3 were buildable but with a house 17 ft. high on lot #2 and 26 ft. high on #3. Mr. Dinklage said one of the concerns is the "taking" issue and the reduction of land value. He asked if the Commission had considered compensating owners for not using the top part of their lots. Mr. Weith said there was discussion of this but it was voted down. Ms. Campione said the people they talked to all felt it was not a taking. She asked what the City Attorney had advised. Mr. Farrar said they did not have a specific advice on this question yet but will have at the appropriate time. Mr. Cimonetti asked how the Council could get additional input on this. Mr. Farrar said they would welcome any opinions. Mr. Dinklage said he would like the City Attorney to see the letter received today from Mr. Dumont, attorney for Save the View. He noted the City can seek opinions from others in addition to the City Attorney. Mr. Cimonetti said nothing he has seen answers his question as to the Constitutionality issue. Mr. Farrar said the law has not been litigated to where it is very clear and everyone can be satisfied. Mr. Dinklage cited the procedure for such projects as Dorset st. where land being taken for road widening goes through a necessity hearing process. He wondered if there is any way to enact the benefits of interim zoning by a similar mechanism. Mr. Ratkus noted that land across the street, with no sewer, sold for $375,000 for 2 lots. Mrs. Campione noted that in the Interim Zoning case the owners would not be losing the benefits of their land. Mr. Cooper said he bought the land to build on the upper portion and to use the lower part for whatever else he chose. To ask him to build below is to ask him to give up use of the rest of the property. He said he would move and offer the entire parcel for sale first. Mr. Hoehl cited increased building costs further down including the maintenance of a longer drive. Mr. Cimonetti then moved the Council seek specific written opinions on the constitutionality of the content of the so-called "Interim Zoning" ordinance, such opinion to be made part of this Public Hearing. Mr. Dinklage seconded. Motion passed unanimously. Ms. Campione urged wider publicity of these meetings. Mr. Flaherty moved to continue the Public Hearing until 20 February 1989, 7:30 p.m. Mrs. Lambert seconded. Motion passed unanimously. b) Change building setback of the Central District 1 & 2 (Section 1.602) along with other minor modifications of the City Center Zone: Mr. Weith explained the amendments. Mrs. Lambert moved to delete "and Hinesburg Road" from the "add" paragraph, second sentence, under 1.602 because the district no longer abuts Hinesburg Rd. Mr. Dinklage seconded. Motion passed unanimously. Mr. Dinklage moved to approve the proposed amendments to the South Burlington Central District Zone Ordinance as described in the document dated 1/21/89, under Section 1, as amended. Mr. Flaherty seconded. Motion passed unanimously. Meet with Brookwood Drive residents regarding the Martin's Store noise problem Referring to a letter from Hanaford Brothers, Fr. St. James said he had seen no construction. If a wall is up, it hasn't eliminated the noise which woke him last night. Mrs. Lambert noted the letter says they will eliminate vendor deliveries, but apparently haven't done this yet. Fr. St. James said the biggest problem is trucks coming and going at night and unloading. He anticipated it could only get worse when spring comes and windows are open. Mr. Cimonetti said he doubted you could start one of those trucks and not be in violation of the noise ordinance. He said the letter from Hanaford may be "walking us into a trap" and he was not convinced they are no longer in violation. Mr. Dinklage suggested taking readings with a chart recorder attached. Mr. Farrar suggested also taking reading in a quieter neighborhood to see if it is significantly quieter. Mr. Cimonetti said he felt the Council may not have the corporate body's attention. Ms. Lambert suggested a response telling them what our procedure will be. Fr. St. James also noted there are still orange lights on the building which create a carnival midway look, not in keeping with the residential neighborhood. He felt they could be turned off or the color changed to white with additional reflectors. He also felt more substantial evergreens could be planted to screen lights and noise. Mr. Cimonetti suggested the city get together with Bud Yetto to work together to solve the problem. He stressed the city should be the catalyst in this effort. Make appointment to Public Access Channel Committee Mrs. Lambert moved to appoint Mike Flaherty as representative to the Public Access Channel Committee. Mr. Dinklage seconded. Motion passed 4-0, Mr. Flaherty abstaining. Review Planning & Zoning Agendas Mr. Dinklage expressed concern with Zoning item #2 which would be a change of useage of property to a 2-family dwelling on a very substandard lot. Mr. Cimonetti asked if there is an action the Council should be taking on the ridge line on the east side of Spear St. Mr. Dinklage suggested the 3-dimensional model being prepared should include that ridge. Mr. Szymanski will meet with the model maker on Wednesday. Mr. Dinklage said the Planning Commission understands the ball is in their court. Possibilities include action at subdivision time, a zone change, purchasing of parcels of land by the city. Mr. Cimonetti felt the City should take the initiative. Mr. Dinklage said he would support asking the Planning Commission what role they would like the Council to take to preserve that view. Mr. Dinklage moved to request the Planning Commission to recommend to the Council ways that the Commission and/or Council can protect public views east and west from the ridge east of Spear Street in the vicinity of Deerfield Drive. Mr. Cimonetti seconded. Motion passed unanimously. Minutes of 1/16, 1/23/ and 1/30 Mr. Dinklage asked to clarify and rephrase a comment he made on 1/16 with regard to the capital budget program. He would like to prioritize the work needed to be done on a) sidewalks and curbs, b) street repair, c) intersection work, and to include on the list projects not funded as well as those funded. Mr. Flaherty moved to approve the Minutes of 1/16, 1/23, and 1/30 as written. Mr. Dinklage seconded. Motion passed unanimously. Disbursement Orders Disbursement Orders were signed. Old Business Mrs. Lambert said she would like to see an estimate of what will be spent from the current year's budget along with budget requests. Mr. Szymanski said this is the usual procedure. Executive Session Mr. Flaherty moved the Council adjourn and reconvene in Executive Session to discuss personnel for the City Manager position and to resume regular session only to adjourn. Mrs. Lambert seconded. Motion passed unanimously. The City Council came out of Executive Session at 11:30 PM and adjourned immediately. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.