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HomeMy WebLinkAboutMinutes - City Council - 06/04/1990CITY COUNCIL 4 JUNE 1990 The South Burlington City Council held a meeting on Monday, 4 June 1990, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Thomas Chittenden, Robert Chittenden, Nile Duppstadt, Mary Kehoe, Mrs. Nadeau, Catherine Peacock, Charles Scott, David Austin, Joe Randazzo, George Chamberland; Stephen Stitzel, City Attorney; Mary McKearin, Nancy McGann, Business Managers; Ruth Poger, The Other Paper 1. Comments & Questions from the Audience (not related to agenda items Mr. Farrar announced that South Burlington has another Presidential Scholar: Katherine Wessling. 2. Public Hearing: Proposed Interim Zoning By-Laws Mr. Farrar read the warning and the proposed by-laws. Mr. Condos said he had gotten a few phone calls about existing structures. He said the wording seems to indicate that even the putting up of a birdhouse would need Council approval. Mr. Farrar said the interim zoning would apply only to permanent structures. Mr. Condos said farmers have also told him that 4 ft. is the standard height for fences and the present wording might bring everyone for every little change in a fence. Mr. Farrar noted that questions of interpretation would go to the Code Officer and the Zoning Board. If it's something definitely not allowed, it would come to the Council. Mr. Cimonetti said the interim zoning should be consistent with that on the adjacent property which seems to be working. Mr. Farrar said it has been suggested that if there is an existing approved subdivision, that should be excluded from this proposed action. Mr. Flaherty moved to approve the Interim Zoning By-Laws as presented. Mr. Cimonetti seconded. Mr. Chittenden said he felt the Council had more than enough to do without having to hear every proposed change to a building. He also felt the by-laws had nothing to do with the report of the Southeast Quadrant Committee that just was issued. He also noted the question of putting up antennas because the Quadrant has no cable TV. Mr. Farrar noted that any regulations are open to interpretation. The intent is to allow the Planning Commission to make any changes in present zoning and to do it without having to rush through it because of the fear of someone coming in a hurry with exactly what is not wanted in the area. Decisions, he said, should be made thoughtfully and this will allow for that to be done. Bob Chittenden asked what would happen if he wanted to put up a barn. Mr. Farrar said he would come to the Council. He didn't anticipate the Council would have a problem with it. Mr. Cimonetti said it's not "another" step, just a different one. Ms. Kehoe, attorney for Mr. Dubois, asked what standard of review will be applied by the Council and whether it is the same as the standard that would be used by the Zoning Board of Planning Commission. Mr. Farrar said the Council would not use the same standard. Mr. Duppstadt asked the timetable for the revised Comprehensive Plan. Ms. Peacock said she thought it was due in January. Mr. Chittenden asked if there will be zone changes. Mr. Farrar said the Council will certainly consider them. Mr. Duppstadt said he felt it would be unfair not to grandfather previously approved subdivisions. Mr. Condos moved to amend the previous motion to add Section 6: Exemptions: "The provisions of Section III above notwithstanding, this Interim Zoning By-Law shall not apply to the construction of single family residences on lots approved under the South Burlington Subdivision Regulations for residential development." Mr. Flaherty seconded. Mr. Cimonetti said he was concerned that this change might allow something to be swept in. Mr. Farrar noted the criteria would have to be different if they are not exempted. Mr. Cimonetti said the whole purpose is to apply new criteria. Mr. Farrar felt it was unreasonable to impose new criteria where substantial investments and expenditures have already been made. Ms. Kehoe asked when the interim zoning would take effect. Mr. Farrar said if approved tonight without amendments, it would take effect immediately. If amended, it would have to be rewarned in 15 days. In the vote on the amendment that followed, the new wording was approved 3-1 with Mr. Cimonetti opposing. Bob Chittenden said he felt residents of the area were being penalized for having controlled growth in the past. Mr. Farrar said the Council wants to handle any changes in an equitable manner. He felt the city was much more likely to put into effect a TDR procedure to address development issues. Mr. Farrar explained that Butler Farms applications could still be heard under the existing Zoning Regulations. If the amended ordinance is approved, no further permits would be needed. If the amended ordinance is turned down, Butler Farms could be reheard under the interim zoning regulations. In the vote that followed the amended interim zoning by-laws were passed unanimously. The City Manager was asked to warn a hearing for 25 June. 3. Schedule Special Meeting for 11 June 1990 Members scheduled a special meeting to hear amendments to the Flood Plain District. 4. Interview candidates for Planning Commission and Zoning Board Mr. Hafter noted that all 4 persons whose terms expire have said they wish to serve again. Ms. Peacock said she felt the Planning Commission is doing some good work. She would like to see TDR's employed in the Southeast Quadrant and would also like more east-west connector roads. Mr. Cimonetti asked if the Commission is large enough to accomplish its work. Ms. Peacock said she was comfortable with the size. Mr. Cimonetti asked how the relationship between the Council and Commission could be improved. Ms. Peacock suggested more face to face meetings, possibly semi-annual discussions. Mr. Flaherty asked for Ms. Peacock's thinking on the city park. Ms. Peacock said she felt the Council should do it completely and also consider ways of getting there. Mr. Austin commented that the Commission doesn't have time to hear planning issues as it spends most of its time hearing applications. He said there seems to be a feeling applications have to be rushed through. Mr. Randazzo said he was surprised by the latitude allowed by the Zoning Board. He liked the size of the Board but would like to see attendance improved. He would also like to see it mandatory for members to visit a proposed site. He would like more meetings with the Planning Commission. He very strongly supports the City Center idea. Mr. Chamberland felt the Zoning Board was a workable size. He would like to see people explain why they vote a particular way. In questions of policy vs. individuals, he felt policy should prevail. He also would like to see quality of life issues addressed. Mr. Flaherty asked the City Attorney if secret ballots are required. Mr. Stitzel said no. He also noted that the South Burlington Board is the only one he knows that votes by secret ballot. 5. Set 1990-91 Tax Rate Mr. Flaherty moved to set the 1990-1991 tax rate as follows: School System 1.966 City .710 Other Entities .038 TOTAL: 2.714 Special Districts: Sewer Assessment for Meadowood, Ethan Allen Dr, Country Club Estates .420 A rate for Dorset Street will be provided later. Mr. Condos seconded. Motion passed unanimously. Mr. Farrar noted the City Manager recommends that sewer and Dorset St. funds be escrowed until used. If the funds are not used they can be returned to appropriate citizens. Mr. Flaherty moved the Council approve the City Manager's recommendation to escrow sewer and Dorset St. assessment funds. Mr. Condos seconded. Motion passed unanimously. 6. Approval of implementation of classification/pay plan present to City Council Mr. Cimonetti suggested the plan be given a title. Mr. Flaherty moved the Council approve the implementation of the classification/pay plan as outlined in Mary McKearin's memo of 1 June 1990. Mr. Condos seconded. Motion passed unanimously. 7. Proposal for modification of pension plan to comply with federal regulations Ms. McKearin said anyone who works 1,000 hours is eligible for the plan. They get half a year of service credit for each year of service. The city has been told this is illegal. The IRS say 40% of employees must come under this provision for it to be allowed. Only 10% of city employees now do. Members asked that this be discussed with the City Attorney. Mr. Flaherty moved to reschedule this item for the next regular meeting. Mr. Condos seconded. Motion passed unanimously. 8. Minutes of 7 May and 21 May 1990 Mr. Flaherty moved the Minutes of 7 May and 21 May 1990 be approved as written. Mr. Condos seconded. Motion passed unanimously. Mr. Flaherty raised the question of informing voters of the Council's support of CWD ballot items. 9. Review Zoning Notice for 11 June and Planning agenda for 5 June and 12 June Mr. Condos expressed concern with zoning item #2 because of the amount of the variance. Mr. Farrar felt item #3 should be looked at very closely. Mr. Condos noted it is below the square footage and the frontage required. Mr. Hafter noted the apartment was put in illegally by the previous owner and the new owner had asked if he could continue it. Mr. Hafter had told him he couldn't. Mr. Farrar felt item #5 should also be looked at closely as it involves a dwelling within 32 ft. of I-89. 10. Sign Disbursement Orders Disbursement orders were signed. 11. Liquor Control Board Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. Mr. Hafter presented an application for a first class beverage license for the Cupola (Quarry Hill). He said it was all in order. Mr. Flaherty moved the Board approve the First Class Beverage License to the Cupola (Quarry Hill) as presented. Mr. Condos seconded. Motion passed unanimously. 12. Executive Session Mr. Flaherty moved the Board adjourn and reconvene as City Council in Executive Session to discuss personnel issues, Dorset Street litigation and deliberations on Dorset Street damage hearings, and consider possible appointments to Boards and Commission and to resume regular session only to adjourn or to make appointments. Mr. Condos seconded. Motion passed unanimously. 13. Regular Session The Council returned to regular session. Bill Cimonetti moved the appointment of Catherine Peacock to a Planning Commission term to expire in 1993, David Austin to a Planning Commission term to expire in 1994, George Chamberland to a Zoning Board of Adjustment term to expire in 1993 and Joseph Randazzo to a Zoning Board of Adjustment term to expire in 1994. James Condos seconded. Motion passed unanimously. James Condos moved adjournment. Bill Cimonetti seconded. The meeting adjourned at 11:50 PM. William Cimonetti, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.