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HomeMy WebLinkAboutMinutes - City Council - 05/15/1989CITY COUNCIL 15 MAY 1989 The South Burlington City Council held a regular meeting on Monday, 15 May 1989, at 7:00 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 Charles Hafter, City Manager; Joe Weith, City Planner; Wendy Schroeder, Business Manager; Sonny Audette, Street Dept; Tom Matthews, Cindy Warren, Martins; Frank Mazur, CCTA; Bill Baltz, Mark Boivin, James Proctor, Kevin Donahue, Ronald Schmucker, Blanche & Rollin Sutton, Thomas Meaker, Karen Ross, Helen & A. Little, Howard Slack, Herbert O'Donnell; Sid Poger, The Other Paper; Lisa Scagliotti, Free Press Executive Session Mr. Flaherty moved the Council meet in Executive Session to discuss the Police Union Contract. Mr. Dinklage seconded. Motion passed unanimously. Regular Session Comments & Questions from the Audience (not related to items on the Agenda) No issues were raised. Report on Martins Noise Problem Mr. Matthews reported a sound barrier wall has been engineered and they are ready to proceed with it. It would reduce the noise from air brakes. The load levelers are in and are working which has now taken care of the other noise problems. The wall would be 20-25 ft. high, would have concrete footing and steel riser columns for support. It would be constructed of 2" pressure treated pine. Construction time would be approval + 60 days. A building permit would be required. Mr. Cimonetti raised the question of aesthetics and suggested the neighbors have the chance to review a sketch of the proposed wall. Mr. Matthews will let the Council know when the artist's renderings are done. A neighbor said he did not favor a wall and noted the outstanding job done to date on the problem. Petition from residents of Gilbert Street regarding address change Ms. Ross asked how the address change came about. Mr. Farrar said it was done as an administrative change. He noted a person residing on a corner lot has the option of deciding which street they want for their address. He stressed that only the address has been changed and not the zoning of the property. Ms. Ross then asked for the definition of a home occupation. Mr. Dinklage read the definition from the Zoning Regulations and explained the procedure by which one obtains a home occupation permit. Mr. Meeker, another neighbor, noted a 6 ft. drive on Williston Rd. was closed and a 22 ft. drive on Gilbert St. is now being used. There was a sign above the garage door which was removed when the neighbors' petition was filed. There is also a sign on the front door which says "office." He said this now gives the appearance of a commercial street. Residents said that cars come and go all day and there are many cars parked in the driveway for the business. It was their feeling that the business employed more than 2 people. Mr. Schmucker, representing the owner, said the building is still a residence. The owner said his business is a telephone answering and radio paging service. He also noted the City had asked that the Williston Rd. driveway be closed. Upon hearing the nature and operating circumstances of the business, Mr. Dinklage said he felt the neighbors have a legitimate concern and suggested they take this back to the Zoning Administrator and ask that the home occupancy permit be repealed. Residents asked why the owner wanted the Gilbert St. address. Mr. Schmucker explained that it allowed him to use the larger setbacks for building the garage so that they now conform to all setbacks which would not have been possible with the front yard on Williston Rd. Mr. Flaherty asked if neighbors would be more assured if the address were changed back. The neighbors wanted the Williston Rd. driveway to be used, but Mr. Dinklage explained the nature of the setback problem. Mr. Dinklage encouraged neighbors to become familiar with zoning laws and to see that the real issue is whether the business being run in the home is in violation of the definition of a home occupation. He stressed that the City is anxious to keep the use under control. Council members stressed that there is no plan to change the zoning of the Gilbert St. neighborhood. Public Hearing: Consider proposed amendments to South Burlington Zoning Regulations Section 18.113 (minimum size of dwelling units) (2) to consider proposed amendments to South Burlington Zoning Regulations Sect. 12.10 and 12.20 of the Commercial-2 District Mr. Dinklage provided the history of the minimum size amendment but felt that neither the present wording nor that proposed was adequate. After a brief discussion, Mr. Dinklage moved that the proposed change to Sect. 18.113 be tabled and that Planner ask the Planning Commission to reconsider this. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Weith explained that the changes to Sect. 12.110 and 12.212 were to correct items listed as permitted uses which are listed as conditional uses. They should be only conditional uses. Ms. Lambert moved to approve the changes to Sect. 12.110 and 12.212 of the Zoning Regulations as presented. Mr. Dinklage seconded. Motion passed unanimously. Report on activities of CCTA Mr. Mazur reported their budget is up 5% but the communities' share is up only 3%. The South Burlington share is actually down 3%. He noted they will have a Planner on board who will be dealing with the communities. Williston & Colchester have expressed interest in joining CCTA. CCTA has made a proposal for the Burlington waterfront. There is talk that the area would be car-less. Mr. Cimonetti felt that as there were residences approved, cars would certainly be in the area. Mr. Mazur noted that revenues are up 6-7%. Mr. Dinklage asked what "other revenues" constituted. Mr. Mazur said these are federal and state monies. He said they have a 5-year plan in which they will try to maintain the local subsidy at 5%. Mr. Cimonetti said he would like to see a reduction in this amount and asked how a community would go about this. He felt the Council should warn a discussion on this issue. Review and adopt the following resolutions: a) regarding support for the proposed widening and related improvements to Shelburne Rd/US Rt. 7 (FEGC-019-4(19) Mr. Hafter read the resolution. Mr. Dinklage moved the Council sign the Resolution as read. Mr. Flaherty seconded. Motion passed unanimously. b) Recognition of outgoing Council member Molly Lambert Mr. Farrar read the Resolution. Mr. Flaherty moved the Council sign the Resolution as read. Mr. Dinklage seconded. Motion passed unanimously. Mr. Farrar presented a gift to Ms. Lambert on behalf of the Council Set date for public hearing to consider proposed zoning amendments to establish a City Center Traffic Overlay Zone Mr. Flaherty moved to set the public hearing for a City Center Traffic Overlay Zone for June 5th. Mr. Cimonetti seconded. Motion passed unanimously. Minutes of 1 May 1989 Mr. Flaherty moved to approve the Minutes of 5/1/89 as written. Mr. Dinklage seconded. Motion passed unanimously. Petition from New England Telephone Company Mr. Hafter had no problem with the petition. Mr. Audette said the equipment can be moved when Swift St. is realigned. Mr. Cimonetti asked if the city can require trucks to be completely off the right of way when the equipment is serviced. Mr. Farrar suggested not acting and letting the administration deal with this question. First reading of Firearms Discharge Ordinance amendment Mr. Dinklage noted the last section should be #4 instead of #2. Mr. Cimonetti said a system needs to be worked out for those who want a private firing range. Mr. Dinklage moved to amend the Ordinance to change the typographical error so that the last section is numbered "4" instead of "2". Mr. Flaherty seconded. Motion passed unanimously. Mr. Flaherty moved to approve the first reading as amended. Mr. Dinklage seconded. Motion passed unanimously. Consider approval to hire consultant in conjunction with Interim Zoning/East of Spear St. Mr. Weith said the 2 objectives are: to plan for future development of public improvements through an official city map and to identify important scenic vistas Mr. Cimonetti said "natural areas" should be added to scenic vistas. Mr. Dinklage moved that the City Planner be authorized to hire a consultant to execute a work plan in line with the plan considered tonight. Ms. Lambert seconded. Motion passed unanimously. Consider Change in Sewer Use Charge Mr. Hafter noted the proposed change would increase the average home payment by 5 cents per month. Mr. Dinklage moved to set the sewer rate at 7.30 per 100 cu. ft. Mr. Flaherty seconded. Motion passed unanimously. Set time and date for organization meeting Mr. Dinklage moved to set the organizational meeting for 5/22/89 at 7:30 p.m. Review Zoning Agenda for 5/22/89 Mr. Dinklage noted that appeal #4 may bear on the minimum sq. ft. issue and would like the record to show the Council did not act on an Ordinance change because it had some problems with what was proposed. Mr. Hafter will advise the Zoning Board of this fact. Mr. Cimonetti noted item #5 regarding the boats on the corner of Williston Rd. He felt this issue might also involve the sign ordinance. Mr. Dinklage moved to advise the Zoning Board of the Council's concern with item #5 as far as use and a possible violation of the Sign Ordinance. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Poger said he did not understand why the boats have been allowed to remain there this long. Old Business a) Police Contract: Ms. Lambert moved to sign the Police Contract. Mr. Flaherty seconded. Motion passed unanimously. b) Shelburne Bay Reclassification Mr. Dinklage said he had received a note from an interested citizen. Mr. Farrar explained that 2 years ago the Legislature changed the wording of the act that governs classification of water pursuant to discharge of sewage. What will have to happen is that Burlington, S. Burlington, and Shelburne will have to get a reclassification of parts of the Lake to discharge treated effluent into it. The City's plant was in complete compliance until 1986 when the law changed. The State will hold a hearing this summer. Liquor Control Board Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter presented requests from 1) Deco; Inc. for a wedding at Chappells Florist Garden, 6/3/89, from 2-7 p.m., and for the GMP corporate executive family dinner, at Green Mountain Power, 5/17/89, from 6-11 p.m. Mr. Flaherty moved to approve the 2 permits as presented. Mr. Dinklage seconded. Motion passed unanimously. A representative of Club New England asked about their request for a permanent country jambouree. Mr. Hafter said the request was returned for further information. Mr. Flaherty moved that the Board adjourn and reconvene as City Council in Executive Session to discuss the Ratkus Finding of Fact. Mr. Dinklage seconded. Motion passed uanimously. Regular Session Mr. Dinklage moved to approve the Findings of Fact as drafted by the City Attorney which approve the Ratkus building permit subject to the conditions for compliance and the section Decision 1.b amended to read: "construction may not commence on the subject property until the City has received a properly executed sewer line easement and Bill of Sale in the form attached hereto as Exhibit A." Ms. Lambert seconded. Motion passed 4-0, with Mr. Cimonetti abstaining due to issues regarding public ownership of the sewer line which could lead to a potential conflict of interest. Mr. Dinklage moved to authorize Mr. Farrar to sign the amended Findings of Fact on behalf of the City Council. Mr. Flaherty seconded. Motion passed 4-0, Mr. Cimonetti abstaining. Ms. Lambert moved to pass a resolution directing the code Officer that no building permits are to be issued on the subject properties until such time as Exhibit A has been duly executed through a grant of sewer easement and conveyance and acceptance by the City. Mr. Dinklage seconded. Motion passed 4-0, Mr. Cimonetti abstaining. As there was no further business to come before the Board, the meeting adjourned at 10:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.