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HomeMy WebLinkAboutMinutes - City Council - 08/06/1990CITY COUNCIL 6 August 1990 The South Burlington City Council held a meeting on Monday, 6 August 1990, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; John Dinklage, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Stephen Stitzel, City Attorney; H. Nemazee, Cathy Ludwig, June Davis, Charles Stanley, Dr. Lance Polier, Mary Kehoe, Francis X. Murray, Nile & Julie Duppstadt R & M Trombley, M. & W. Newton, M. Payne, S. Rowe, M. Chase 1. Comments & Questions from the Audience not related to Agenda Items No issues were raised. 2. Public Hearing: Application of Hossein Nemazee of 213 Meadowood Drive, S. Burlington, for authorization to construct an 18' x 24' addition (bedroom & bath) to an existing single family dwelling which exceeds the limitations on land development requirements as set fort under the Interim Zoning Regulations Mr. Nemazee said the addition will be single story, 9 ft. high with a peaked roof. Mr. Hafter said the addition would be in conformance were it not for interim zoning. Mr. Dinklage moved that based on testimony and statement from the Zoning Administrator that the Proposal conforms with present zoning and is consistent with the spirit of what the city is attempting to accomplish in the Southeast Quadrant that the staff be directed to prepare a set of findings for approval of the application of Hossein Nemazee, 213 Meadowood Drive. Mr. Condos seconded. Motion passed unanimously. 3. Consideration of Amended Ordinance Regulating the use of Firearms Mr. Farrar asked if anyone wished to propose amendments to the proposed amended ordinance. He noted that the new wording includes 3 provisions: the Police Chief would need approval of the City Manager to issue a permit to shoot, the type of weapon, length of permit, and type of animal to be destroyed can be regulated, and the Police Chief will consult with experts in wildlife management prior to issuing a permit. Mr. Dinklage moved to approve the first reading incorporating the amendments as outlined. Mr. Condos seconded. Mr. Farrar then read the proposed wording of the amended ordinance. Citizens expressed concern over who would be used as an expert and by references to liability insurance for accidental bodily injury. The City Attorney said the latter is one additional form of coverage. Mr. Hafter said it is also a way to control permits as homeowners policies don't cover shooting. Mr. Stanley suggested posting a notice in the paper when a permit is to be issued so the public can know what steps have been gone through and see if there are any justifiable objections. Ms. Davis asked if there would be a background check on applicants and Mr. Farrar said he presumed so. Dr. Polier said a Humane Society representative told him he had never had to kill an animal and that they can be removed in other ways. Mr. Farrar said the intent is to determine that other methods haven't worked before allowing shooting. Mr. Duppstadt asked what the fine is for non-compliance. Mr. Stitzel said $500 for each violation. In the vote which followed, the motion passed unanimously. Mr. Dinklage then moved to schedule a public hearing for the second reading on the Ordinance as presently written for 10 September 1990. Mr. Condos seconded. Motion passed unanimously. 4. Report from Liaison on University of Vermont matters Mr. Cimonetti reported he had been invited to a 24 July Board of Trustees meeting for a presentation on buildings and grounds issues. The new University President, George Davis was present. There has been difficulty getting planning on agricultural lands and there is still no plan. The Committee said they must receive a plan within 6 months from the Agriculture Dept. A number of issues pertinent to S. Burlington were raised: a) The housing/parking lot near Centennial Woods (half of the parking is in S. Burlington): UVM will use the lot for daytime uses only and will control access points (East Ave. and Williston Rd.). The area will be gated, and UVM will determine when gates are closed. If access is being abused (used as a shortcut to avoid the jughandle), the access will be gated; b) when students return, there will be a shuttle bus service on campus. The City of Burlington will put a traffic light at University Heights where the bus will cross the road. It will be a "demand" light. There will later be a shuttle from satellite parking lots. Mr. Cimonetti felt South Burlington should determine whether or not the S. Burlington part of the parking lot is truly a university use or a private use for university applications (from a tax point of view). c) UVM Security Force: last year the force handled 1,396 criminal complaints and 24,000 parking violations. They are presently commissioned by the City of Burlington and are probably getting adequate training. They would like to have a charter to set up their own municipal security force. If the Board of Trustees approves, they will go to the State Legislature to get a commission. Mr. Cimonetti suggested that the cooperation that currently exists with the UVM Force continue and also to decide whether the proposal for chartering is in the city's interest. Mr. Cimonetti also suggested that the city look at land zoned "University" and see what permitted uses are. He noted that residences at Wheelock Farm are not now occupied. He felt the city should make it clear they want to be a part of any plans for future uses. Mr. Dinklage asked if there has been any talk of using the satellite parking for Centennial Field events. Mr. Cimonetti said it hasn't been mentioned but that there is an agreement with the Sheraton for overflow parking. 5. Continue Public Hearing on IBIS request under interim zoning Ms. Kehoe said she hadn't had a chance to review the Council's findings. She had a few concerns from a brief scanning, including size of building envelopes and distance between homes. Mr. Hafter noted he had gone up to see what kind of view to protect and staked the right of way. Building envelopes were then determined (95' x 96' on one lot and 106' x 100' on the other). Mr. Cimonetti said the Council should remember the previous concern with the view from a city street but he didn't know how to save it in this case. Mr. Dinklage requested a formal site visit and members agreed on Monday, 13 August, at 7 p.m. Ms. Kehoe said they would also ask for a year in which to sell the lots, instead of six months. Mr. Dinklage moved to continue the hearing until 13 August 1990, at 7 p.m., at the site. Mr. Condos seconded. Motion passed unanimously. 6. Resignation of J. Patrick Brennan as City Representative to Regional Planning Commission. Mr. Dinklage moved to accept the resignation of J. Patrick Brennan and to request the City Manager to send a letter of thanks for Mr. Brennan's service. Mr. Condos seconded. Motion passed unanimously. Mr. Farrar said the position should be filled quickly. The City Manager was asked to advertise the position. Mr. Farrar noted one applicant was present if the Council wished to interview him. Mr. Murray said he has been mindful of problems at the Regional Planning Commission and feels the problems can be remedied by better communication. He felt he could commit to filling out Mr. Brennan's term but wasn't sure beyond that. He didn't feel his personal relationship with Mr. Hogan would be a problem. Mr. Farrar asked if Mr. Murray's status as Attorney for the City of Burlington would be a problem, especially at Act 250 where Regional Planning has to take a position. Mr. Murray said he might have a problem with a few issues but would vote in the Community's interest. He said he had no present contractual relationship with Regional Planning. Mr. Dinklage asked if previous concerns with Regional Planning were justified. Mr. Murray said he felt they were and that he had counseled Mr. Hogan to take them seriously. He felt there were communications problems on both sides. Mr. Cimonetti suggested the Council discuss the question of appointing or electing Regional Planning representatives. 7. Official designation of S. Burlington Bicentennial Committee Mr. Dinklage moved to appoint the following to the S. Burlington Bicentennial Committee: Lauretta Verret, Sylvia Smith, Barbara Leopold, Donna Hayes, Bea Bourdeau, Maureen Masella, Nancy Tavares, Dawn Rice, Maggie Ulug, David MacLaughlin, Paul Morwood, Paula Flaherty, and Recreation Dept. staff. Mr. Condos seconded. Motion passed unanimously. 8. Consideration of Adoption of Interim City Map Mr. Dinklage moved to warn a public hearing for 10 September 1990, for adoption of an interim city map using maps on display this evening. Mr. Condos seconded. Mr. Cimonetti asked the process for changing the map if it is adopted. Mr. Stitzel said it can be amended on a warned public hearing. Mr. Hafter said the map is complete with all existing and proposed streets, parks, etc. Mr. Stitzel said an approved subdivision plan is an automatic amendment to the City map. In the vote which followed, the motion passed unanimously. 9. Refunding Note on Sewer Vac Mr. Condos moved to sign the agreements and note on refunding the sewer vac. Mr. Dinklage seconded. Motion passed unanimously. 10. Planning & Zoning Agendas Mr. Dinklage raised the question of item #4 on the Zoning Agenda and said this is a test of City Center Zoning. He felt the Council should ask the Zoning Board to explore very thoroughly why the applicant can't comply with the Ordinance, remembering that the highest and best use is not a criteria for a variance. 11. Minutes of July 2, July 9, and July 16 Mr. Condos moved the Minutes of July 2, 9, and 16 be approved as written. Mr. Dinkalge seconded. Motion passed unanimously. 12. Sign Disbursement Orders Disbursement orders were signed. Executive Session Mr. Dinklage moved the Council meet in Executive Session to discuss Dorset St. litigation and to resume regular session only to adjourn. Mr. Condos seconded. Motion passed unanimously. Regular Session The Council returned to Regular Session. John Dinklage moved adjournment and Jim Condos seconded. The meeting adjourned at 10:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.