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HomeMy WebLinkAboutMinutes - City Council - 06/26/1989 (2)CITY COUNCIL 26 JUNE 1989 The South Burlington City Council held a meeting on Monday, 26 June 1989, at 7:00 pm, in the Library of the Middle School. Members Present Paul Farrar, Chairman; John Dinklage, William Cimonetti, James Condos Also Present Charles Hafter, City Manager; Peter Jacob, Ann Pugh, Mary-Barbara Maher, John Belter, William Craig, Catherine Peacock, Planning Commission; Joe Weith, City Planner; Charles Shea, Jane Milner, William Schuele, Michele Auclair, Vincent Bolduc, Southeast Quadrant Committee; Wendy Schroeder, Business Manager; Ruth Poger, Sid Poger, The Other Paper; Jill Coffrin, Chris Cavin, Mary Benoit, Laura DeMaroney, Jamie Smith, Carol Limanek, Charles Scott, Mary Hulette, Sally Hughes, Larry Keyes, David Jacobowitz, Tom Hubbard, Recreation Path Committee; Bruce O'Neill, Recreation Dept; Anne Lusk, Stowe Recreation Path Coordinator, Steve Crowley, Sylvia Smith, Natural Resources Committee: Jane Domey, Anne Whiteside, Kelly Barnes, Littleton & Carolyn Long, Lynn Werdin, Dick Underwood, Bob Cooper, Ray Unsworth, Alan Root, Robert W. Frier, Marcel Lapierre, Janice Tuly, Mary Goldberg, Shelley Snyder, Joseph & Cynthia Cousino, Gerald Milot, John Larkin, Liz Mansfield, David, Tyler, Kimball, Patricia, and Aubrey Hallam, Patricia Shea, Colette Ozarowski, Frank Geier, James McKee, Nile and Linda Schneider, Nan Frymoyer, Anne Ratkus, Will Raap, Ellen Wilkins, Bill Thessin, Pat Moody, Dr. Bruce Latelle 1. Public Hearing to consider the following: Proposed amendments to Section 19.47, Spear Street View Protection Zone of the South Burlington Zoning Regulations. The purpose of the proposed amendments is to clarify the language in Subsection 19.472 and to add a new subsection 19.478 which states the standards for expansion, alteration and reconstruction of non-complying structures. Mr. Dinklage moved to waive the reading of the proposed amendments. Mr. Condos seconded. Motion passed unanimously. Mr. Dinklage moved to approve the amendments as written. Mr. Condos seconded. Motion passed unanimously. 2. Public Hearing to consider amendments to the interim zoning by-laws currently in effect in an area of the city bounded by Swift Street, Dorset Street, Spear Street, and the city line. The proposed amendment clarifies the definition of structure to include hedges or fences which exceed 3 ft. in height, and to allow the installation of hedges and fences, of 3 ft. or less in height which the City feels is consistant with the purpose and goals of the Interim Zoning By-Laws Mr. Condos moved to waive reading of the proposed amendments. Mr. Dinklage seconded. Motion passed unanimously. Mr. Cimonetti moved to approve the amendments as written. Mr. Dinklage seconded. Motion passed unanimously. 3. Budget Review Mr. Hafter prepared three motions pertaining to budgetary matters. Mr. Farrar explained that the first motion allowed for money allocated but not spent for land acquisition to be put into the Open Space Reserve Fund. This money could be used for purchase of the next piece of park land or in conjunction with the Dorset St. Park development. Ms. Peacock asked how much is in the fund now. Mr. Farrar said $183,000. Mr. Dinklage moved to transfer the unspent $24.456 from Account 100-3000-80.00 Land Acquisition to the Open Space Reserve Fund. Mr. Condos seconded. Motion passed unanimously. Mr. Farrar explained that the next motion would allow surplus from landfill operations to be put into a reserve account earmarked to cover costs of closing the landfill in 1992-93 or thereabouts. He said a Charter Change will be needed to allow expenditure of these funds. Mr. Hafter said the estimate to close the landfill is $897,000. Mr. Cimonetti said that all the City has is a very poorly defined mandate from the State and he felt an amount approaching $200,000 was far too large and would tempt the State to increase its take of landfill money. Mr. Cimonetti said he would like to see a cap on how much can be in the account. Mr. Cimonetti moved to transfer $50,000 of the fiscal year 1989 landfill operation surplus to a reserve account earmarked to fund the future operation or closure of the landfill. The motion was not seconded. Mr. Farrar said that in a few months there should be engineering studies that will answer some of the unknowns in this issue. Mr. Cimonetti said the Council seems to be assuming that the landfill closure will be fully citizen funded. The State might say those who can afford it should pay and those than can't don't have to. He didn't want to set up the city "for the picking." He felt this might not be the time to make this decision. Mr. Dinklage asked what happens if the money is not voted on tonight. Mr. Farrar said it can be held as surplus and put into the general fund to reduce taxes next year or it could be used for a landfill fund later. Mr. Cimonetti then moved to table the issue. Mr. Condos seconded. Motion passed unanimously. Mr. Farrar explained the third motion is to allow expenditure of money for the Police Dept. brought about by grants. Mr. Cimonetti moved to appropriate funds pursuant to Section 1308 of the City Charter to fund expenditures in Accounts 100-3200-10.01 City Manager salary; 100-6500-10.01 Police Salaries permanent; 10-6500-10.03 Police Salaries Overtime; 10-6500-88.00 Police Computer Equipment; and 100-7000-78.04 Highway Salt, Chloride and Sand in the amount of $82,000. of unanticipated reserve surplus. Mr. Dinklage seconded. Motion passed unanimously. [Click here for Budget Review motions] 4. Joint Meeting with Planning Commission to Discuss Bike Path Committee's Report Chris Cavin identified the Committee and stated its objective of providing a comprehensive recreation path system in South Burlington. The path would: be accessible from the whole city, would like neighborhoods, separate people from cars, provide transportation and recreation means, provide environmental protection and appreciation, and link South Burlington to other communities. Tom Hubbard introduced Ann Lusk, Stowe Recreation Path Coordinator who gave a brief history of the Stowe path. She noted the effort has won awards and has forged a community spirit. She cited several national reports that encourage paths such as these to be built by communities. Ms. Lusk then presented a brief slide show of the Stowe path and answered questions from the Council and public. She said there are virtually no maintenance costs for the path and that citizens themselves "police" the path. She said a lot of pre-publicity is needed to make the public and landowners aware of the project and its benefits. She felt the path has made Stowe a safer place as people are now off the roads except when in vehicles. There has been no additional premium on their liability insurance. Jill Coffrin presented a community support petition of 1,000 signatures. She said there is great concern in the community for safety for walkers, joggers, and bikers. Chris Cavin presented the proposed route of the path and noted that it can be built in phases. Mr. Weith noted that there would be 13 landowners involved in phase I, 10 in phase II, and 20+ in Phases III and IV. It is hoped that all easements in Phase I could be secured through voluntary dedication. Later phases could see some easements from developers as part of Planning Commission approvals. The City Attorney would review easements and they would be recorded. Mr. Scott discusses financing. They anticipate a planning cost of $20/foot, assuming all donated land. This would result in a cost of about $528,000 for Phase I (this also presumes some donated materials and labor): $316,000 for Phase II, and $422.000 for Phases III and IV. Mr. O'Neill cited possible funding from Land and Water Conservation Funds and explained the process for obtaining these funds. He also cited some possible State funding. Ms. Lusk suggested asking for a very reasonable amount to use for seed money and then fundraise for the remainder. Mr. Scott said he wasn't sure South Burlington could do what Stowe had done and felt that some bonding might be considered. Mary Benoit made the following requests of the City: a) include the proposal in the Comprehensive Plan: b) incorporate the plan into the Southeast Quadrant plans and Interim Zoning: c) accept and record donations for land easements: d) establish a separate account for donations of funds for the Recreation Path: e) get support for a bond issue: f) prepare applications for a Land and Water Conservation Fund grand: g) designate individual(s) who can coordinate all aspects of the building of the path. The floor was then open for public comment. A citizen expressed concern with security in areas where the path goes through the woods and also for areas where the path is near homes. Mrs. Maher felt it was not realistic to compare S. Burlington to Stowe as the potential for development of land is much greater in S. Burlington. Ms. Hughes noted a similar project was done in Minneapolis but that it took a tragic death to get it going there and hoped that wouldn't happen here. Mr. Davis cited the dangers of Rt. 116 and felt this was an idea whose time had come. Ms. Pugh noted there were more people at this meeting than she'd ever seen at a meeting and thought that in itself was significant. Mr. Dinklage said he was very excited about the plan and hoped it was a catalyst for a lot of things in the city. He was not put off by the prospect of some bonding. He felt it takes a lot of education to get people to understand why things cost as much as they do. He suggested giving serious thought to scaling down Phase I to what can truly be accomplished and focus on building public support. Mr. Cimonetti felt the Committee's request were very reasonable, especially incorporating the path into the Comprehensive Plan. He noted the University's long range plan includes expanding their network of bike and pedestrian paths, some of which are in S. Burlington. He said UVM might be willing to try to coordinate with other towns. Mr. Condos noted that public support is really building for projects such as this. He also noted that Burlington uses college students to provide security on the path. Mr. Jacob added that he wished such a path had been available when his kids were growing up. He said the Planning Commission might be able to suggest lands be contributed for the path. The Council then directed Mr. O'Neill to prepare the application for a Land and Water Conservation grant. The Council also endorsed items (a), (b), (c), (d), (f) and (g) as prepared by Mary Benoit above, (pg.4). 5. Joint Meeting with Southeast Quadrant Committee to discuss items of mutual interest. Mr. Shea introduced members of the Committee. He said their first concern was the hiring of a city-retained consultant. Mr. Weith outlined the scope of services of the consultant, noting he will be concerned only with the interim zoning area planning public improvements for an official city map, designating natural areas and viewing/scenic areas, and providing a short report explaining these designations. Mr. Farrar added this will be baseline information on whether there should be an additional north-south access to the area, and if so, planning to make it as scenic and enjoyable as possible. He noted this is the last chance to plan for this before there is too much development in the area. Mr. Dinklage specified concern with the view from the ridge on Spear St. Mr. Cimonetti added there are no assumptions being made about density and other such concerns that the Committee will be dealing with. Mr. Jacob noted the Planning Commission had realized it would be possible to have 2 units per acre through the whole quadrant and wanted to know if this is what the city really wants. He also cited the concern for affordable housing. Mr. Scott asked how the Council perceives growth in relations to surrounding communities and whether the City will provide water and sewer. Mr. Jacob said CWD will provide water. Mr. Farrar said there have been talks of sharing a site with Colchester for sewage disposal facilities. Mr. Dinklage said the concepts the Committee should deal with include: looking at kinds of possible development from the point of view of what is desirable, leapfrog development, and development control; b) the TDR concept which might exchange open land in the Southeast Quadrant for more intense development elsewhere in the City. Mr. Bolduc asked what happens if the Committee differs with the Consultant. Mr. Farrar said that's OK. Mr. Dinklage said the consultant is not intended to undercut the Committee's work but to get certain information quickly. Mr. Shea asked about the possibility of another Interchange. Mr. Farrar said the decision on that will have to be made. Mr. Schuele said Regional Planning projects 30,000 people in the City by the year 2010. He asked if the Council accepts this. Mr. Farrar he didn't feel that could be approached so quickly. He noted the Council was not committed to that figure. Mr. Craig said one of the things they want to see is an outlining of problems such as transportation when the area is built out. It was noted that Terry Sheehan will be the Southeast Quadrant Committee's representative to the Technical Advisory Committee. 6. Interview with Candidates for City Boards and Commissions Dr. Bruce Latelle, a UVM graduate and now a dentist was interviewed. He said he would consider other boards if not chosen for the Zoning Board. Pat Moody was also interviewed for the Zoning Board vacancies. He has been in the area for 8 years and is a self-employed agent with Vermont Federal Bank. He didn't see a conflict between his employment and the work of the Zoning Board. He would be willing to serve on other boards if it was something he enjoyed. William Thessin has in been in South Burlington 10 years and wants to become more involved. He would prefer Zoning or Planning. 7. Sign Disbursement Orders Disbursement orders were signed. 8. Review Zoning Board Agenda Mr. Dinklage commented on the conversion of a single family home to a duplex on a significantly substandard lot. Members agreed to notify the Zoning Board of its concern. Executive Session Mr. Dinklage moved the Council adjourn and reconvene in Executive Session to discuss appointments to Boards and Commissions and to reconvene in Regular Session only to make such appointments. Mr. Condos seconded. Motion passed unanimously. Regular Session Mr. Dinklage moved to reappoint all incumbent members to the Planning Commission and Zoning Board and to fill the vacancies on the Zoning Board of Adjustment. Mr. David Austin was appointed to fill the unexpired 3-year term until 1991, left vacant by the resignation of Mr. David Boehm. Mr. George Chamberland was appointed to fill the unexpired 3-year term until 1990, left vacant by Mr. James Condos who was elected to the City Council in May, 1989. Mr. Condos seconded. Motion passed unanimously. As there was no further business to come before the Council, the meeting adjourned at 11:20 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. Hotlor& blateq Budpet Review Motion _Z Move to transfer unspent $2&,456 from account 100-3000- 80.00 Land Acquisition to Open Space reserve fund. Motion 2 Move to transfer all net operating surplus from the municipal landfill to a reserve account earmarked to fund the costs associated with the future closure of the landfill. Motion 3 Move to appropriate funds pursuant to Section 1308 of the city-charter to fund expenditures in accounts 100-3200-10.01 City Manager Salary, 100-6500-10.01 Police Salaries permanent, 10-6500-10.03 Police Salaries Overtime. 10-6500-88.00 Police Computer Equipment and 100-7000-78.04 Highway Salt. Chloride and Sand. Such expenditures to be paid for by using unanticipated * revenue surplus. - ~. - - - - - - -- ~ . ~~plfcation for Use of School Building Fdcili ties for other than School Purposes. .I , L,!, ,; [, 1 L>/! : , , .. .............. i , -.~-- Date. .;[WE -21. .1989. SOUTH BURLINGTON .......................... The undersigned hereby makes application on behalf of mw wrnc,, MIDDLE: SCHOOL LIBRARY .................................... for permission to use ................................. MONDAY, JUNE 26, ...... ...... on.. ......................... .19??. . ..from. ?.:.OP. F3.. ..to. .11.:0o .EM.. ..for the ............................... f 01 lowing purpose. .. CrTII. COLFJL .ME.ET.I.N.G. .CP.V~.~.C. EwBI.NW. Admission Charge 8 ...................... Proceeds will be devoted to ...................... If permission for use is granted, I agree to comply with the Rules 8 Regulations defined on the reverse side of this application. I will insure that the utmost care is taken in the use of the building and equipment and I understand that charges will be made for dam- ages and I agree to make full payment for any damages arising fran our use of the facility. Anticipated number of attendees/participants i~.50;6D ............. BM (Secretary) CITY HALL THIS PORTION TO BE COMPLETE0 BY THE BUILDING PRINCIPAL - he.. k\ ......... (1 - will not) be required for regular school - .... urposes on the date and during the application is.. approved. 9 te - J....... .A ...... 198%. .. Principal If disapproved, state reason here ........................................................ ACTION BY THE SUPERINTENDENT, IF NEEDED ................ ./. .. .Approved ...................... Date.. 19&. .. . . /JX~ SUPERINTENDENT I/ CHARGES (To be completed by the Superintendent) Basic Fee $.b. .*-. ......... Additional Charges (i teaize) ........-..--......... I/ r,..q ........ :... ................................................................. L-I--.--...-. IF REQUIRED AFTER THE FUNCTION, THESE CHARGES WILL BE ADDED ,,, g ,- -4':.: -- - &- A .,, rnri Overtime $ Special Costs $. .c,. . z.. ,3 ............... & 1% ........................ :"T R) r- CLq - in Damages 8. .................................................................. -.-, ..-.... "k eta1 fee including all above charges for billing purposes $. 2s.. 3 ... .n. 2 ............... ly;- w C SEE REVERSE FOR RULES AND REGULATIONS AND INSTRUCTION FOR COMPLETING THIS3OW vl - INSTRUCTIONS: Use of school facilities is the imnediate concern of the building principal. subject to policies set fo4h by the School Directors. Authority to grant use rests with the Principal for Category I; with the Superintendent for Categories 11, I11 & IV. Applications will be completed in triplicate and submitted to the Principal in suf- ficient time to allow for routine approval. Charges will be noted on an approved copy * of the application and returned to the requester. Special costs, overtime, and damage fees, if any, wi I1 be added after the function and a bill for the total fee sent to the user. Payment will be made within 7 days after receipt of a bill and will be made by check or money order payable to the City of Scuth Burlington School District, and forwarded to the Office of the Superintendent. RULES AND REGULATIONS: 1.. Use of the building must be considered on the basis of one-time usage and any use is prohibited without prior approval by the approving authority. 2. Approval for use of school facilities is contingent upon the educational program and approval will not be granted for any function which will interfere. 3. The Principal concerned will appoint a person, normally the custodian on duty, to act as the representative of the School Directors. He will supervise the function and enforce the Kules and Regulations. He will report any violations to the Principal. 4. The building is to be used only on the dates specified and for the purposes named in the application. Permits are not transferable and are not valid unless approved and signed by the approving official. 5. A permit may be cancelled without notice, provided its provisions or intent are violated in any way, and the School Directors, or their representatives, shall be sole judge of such violations. An approved permit may be subsequently cancelled if it is determined the approved date interferes with the educational program. 6. DRINKING OF ALCOHOLIC BEVERAGES ON SCHOOL PREMISES IS PROHIBITED. 7. Smoking is prohibited on school premises except that an area, a room or rooms, my be designated as smoking areas; the lobby of any building is an open smoking area. 8. No furniture or equipment belonging to the school shall be moved without written permission. ilnder no circumsCanc;es wiii any :;chool property be removed from the prmises. Electrical equipment will be under the operational control of the school personnel at all times. 9. Alterations or additions to school property are prohibited. Temporary structures such as sets, rnay be installed provided requirements are made known at time of application and approved, and provided further that no permanent damage or disfigurement will result. Nothing is to be nailed, tacked or fastened to any wal I. 10. Any special costs incurred by the School District in preparing for any function or after such function will be charged to the user. 1I. Additional personnel which may be required for any approved function will be determined by the approving official and the costs therefore charged to the user. 12. Safety regulations determine maximum capacity of school faci 1 i ties. Each Principal will advise the user not to exceed such restrictions.