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HomeMy WebLinkAboutMinutes - City Council - 10/22/1990CITY COUNCIL 22 October 1990 The South Burlington City Council held a meeting on Monday, 22 October 1990, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Michael Flaherty, Acting Chairman; John Dinklage, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Joe Weith, City Planner; Margaret Picard, City Clerk/Treasurer; Mary-Barbara Maher, Planning Commission; David Timmons, Manager, Town of Colchester; Don Whitten, Water Pollution Control Dept; Daniel Tuohy, Tracey Keeler, Christina Walpole, SMC Defender; Bob Chittenden, Greg Dicovitsky, Chris D'Elia Comments & Questions from the Public (not related to Agenda items) Mr. Cimonetti expressed concern with the process by which some candidates for national office were denied access to the State Teachers Convention held in S. Burlington. He suggested a communication be sent to the School Board saying the city is pleased to host the convention but would like the organization to re-address the policy toward national candidates. Mr. Cimonetti moved to send the described communication to the School Board. Mr. Condos seconded. Motion passed unanimously. Mrs. Maher wondered whether Fire & Police officials were concerned with parking during the convention which occurred on portions of Dorset St. where parking is not allowed. 2. Public Hearing to consider amendment to Central District Zoning Ordinance to allow PUD's in Central District Mr. Weith noted PUD's a presently not allowed; only one building per lot is permitted. The amendment would allow more flexibility in design and would allow more than one use. Everything else would stay the same. Mr. Cimonetti asked whether this had been previously considered and rejected or whether it was an oversight. Mr. Weith said it was never rejected. It was decided to go ahead without it because of a time factor. The Planning Commission has unanimously approved the concept. Mr. Dinklage moved to waive reading of the Ordinance amendments. Mr. Condos seconded. Motion passed unanimously. Mr. Dinklage moved to approve the amendment to the Central District Zoning Ordinance as presented. Mr. Cimonetti seconded. Motion passed unanimously. 3. Public Hearing on Amendments to Interim City Map Mr. Weith outlined the amendments as follows: a) Jaycee Park added b) Brand Farm designated as parkland c) area south of IBIS property dedicated as parkland added d) Connector street added between San Remo Dr. and Corporate Way e) Dorset St. improvements added f) a right-of-way over the Rye parcel, or extension of Oak Craak Rd., added g) Removal of all but municipal building and addition of previously omitted municipal buildings Mr. Weith said there is a legend code that distinguishes between a proposed park or right-of-way and one the city already owns. Mr. Condos noted that at the eastern end of Cranwall there is a right-of-way for a future street that is not on the map. Mr. D'Elia asked at what point the Council would discuss location of a proposed road or right-of-way. Mr. Weith said that would occur at the Planning Commission. Mr. Frank, legal counsel for Marie Underwood said they object to placing a large portion of the former Nowland property on the south side of Spear St. on the map as a city park. He said this creates a right of first refusal for the city and allows the city to stall and do nothing until the owner files to do something with the property. He said it has the affect of placing a could over a piece of property. He felt the fair approach would be for the city to decide what it wants for a park and negotiate; if that fails, then the city should go for eminent domain. Mr. Frank said there are no plans for development of the property at this time. Mr. Dinklage said he would envision that at the time of subdivision, the city's interests and the owner's interests could be balanced. He said he would envision something like the process by which the city acquired the land for Overlook Park, and he didn't see putting it on the City Map as any deterrant. Mr. Cimonetti said he is a strong proponent of an official map and felt it pays a good service to the land owner. The city puts an owner on notice as to what pieces of infrastructure the city wants to put in place. In the past, developers have told the city where things go. This is an attempt to get orderly planning. He felt it was a better system than for an owner/developer to be blind-sided at the time of a proposed development. Mr. Frank said he would agree with that, as far as, roads are concerned but not for parks where there is acreage involved. Mr. Cimonetti said he didn't envision a 50-acre park, more like the 15% usually set aside in a large development. Mr. Condos said he thought it helps the developer to know where the city wants a park. Mr. Dinklage then moved to accept the seven amendments to the, Interim City Map as presented. Mr. Condos seconded. Motion passed unanimously. 4a. Approval of Findings of fact in Demers Interim Zoning Application Mr. Dinklage moved to approve the Findings of Fact and to authorize the Vice Chairman to sign them. Mr. Condos seconded. Motion passed 3-0, Mr. Flaherty abstaining. 4b. Approval of Easement for private party to use Farrell Park entrance Mr. Hafter explained that the property is just west of the Vermont Gas building and the Planning Commission is trying to limit curb cuts. The Commission approved using the Farrell Park entrance and the developer now needs Council approval. Mr. Condos moved to authorize the City Manager to exercise the easement as outlined. Mr. Dinklage seconded. Motion passed unanimously. 5. Approval of Contract between the City of South Burlington and the Town of Colchester for Sale of Excess Sewage Treatment capacity to Colchester and for city treatment of town's sanitary waste Mr. Hafter advised the contract was approved by Colchester last week. He noted one important change. There was a question of the authority of the Town of Colchester to enter into such an agreement. The town will hold a vote in 1991 for that authority. Mr. Hafter said the city has 1,000,000 gal per day excess capacity. Colchester will pay a $330,000 buy-in cost. When the plant reaches capacity, Colchester will share in the cost of expansion. This will hold rates down for South Burlington customers. Mr. Timmons said Colchester will build a sludge treatment facility. He thanked the City of South Burlington for its efforts and support. Mr. Dinklage moved to accept the amended contract and authorize the City Manager to execute it. Mr. Condos seconded. Motion passed unanimously. Mr. Hafter then updated the situation with the Lime Kiln Bridge. Webster-Martin was low bidder on engineering for the specs. The cost without construction inspection is $6,600. Mr. Hafter said they have been authorized to proceed. Bid specs will be out by 11/1 and he hoped they would be back by 11/15. 6. Appointment of representative to Board of Directors of SSTA It was noted that Dan Boardman has shown an interest in this position. Mr. Dinklage moved to appoint Dan Boardman to the SSTA Board of Directors. Mr. Cimonetti seconded. Motion passed unanimously. 7. Appointment of City Representative to Solid Waste District Mr. Dinklage moved to appoint Jim Condos as City representative to the Solid Waste District. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Dinklage moved to appoint Sonny Audette as alternate. Mr. Cimonetti seconded. Motion passed unanimously. 8. Approval of Enforcement procedures for Ordinance on Disposal of Solid Waste of Municipal Landfills. Mr. Hafter said there would be a form for the driver to sign. He then outlined the penalty procedures. The program would begin 11/5/90. Mr. Cimonetti said he was concerned that there already are penalties and that these may not be legal. He felt if there is a good law, why change it. Mr. Flaherty suggested asking the City Attorney for an opinion. Members agreed. 9. Request from CCTA for funding to help market free fare service Mr. Flaherty noted the request is for $297. Mr. Dinklage said he agreed with the City Manager's memo saying the city should publicize the free fares in the Spokesman. 10. Discussion of Potential Sale of Tax Liens Mr. Hafter felt it may be the appropriate time to move on tax delinquencies. He outlined the procedure involved. Mr. Dinklage moved to direct the City Manager to proceed with sale of liens against properties specified for the collection of taxes. Mr. Cimonetti seconded. Motion passed unanimously. 11. Departmental Report from Planning and Zoning Mr. Weith referred to the memo of 18 October outlining accomplishments and tasks. He felt the 3 top priorities were development review, update of the Comprehensive Plan (which must be adopted by the Council by 6/30/91) and zoning in the Southeast Quadrant. Other important considerations include: amendments regarding heights of structures, Odell Parkway consideration, traffic model, refinement of City Center Zoning, impact fees that comply with State regulations. Mr. Condos raised the question of possible impact fees for the Fire Dept. for taller buildings. Mr. Weith noted that next summer the Commission will begin updating Zoning Regulations and will also address the setting up of a permit and application review system. Mr. Ward noted that interim zoning in the first quadrant considered will have to be extended. He also noted the need to address Dorset St. signage in light of the upcoming road work. Mr. Cimonetti felt the Council was overdue for a joint meeting with the Planning Commission and suggested one in November. Mr. Ward noted building permits are way down. Mr. Weith felt it is very important to get tax maps computerized. This will cost about $30,000-40,000. Mr. Ward said the city should start thinking about getting equipment for presentations by video. It was noted that the Channel 17 equipment could be used for this purpose. 12. Approval of Planning Grant Application for Special Planning Grants from State of Vermont Mr. Weith said the maximum available is $5,000. The Planning Commission felt City Center Zoning was important to get a detailed street layout, pedestrian corridor and parking plan. Mr. Dinklage moved to sign the Resolution for the grant authority. Mr. Condos seconded. Motion passed unanimously. 13. Planning and Zoning Agendas No issues were raised. 14. Sign Disbursement Orders Disbursement orders were signed. 15. Minutes of 1 October 1990 Mr. Condos moved to approve the Minutes of 1 October as presented. Mr. Cimonetti seconded. Motion passed unanimously. 16. Liquor Control Board Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter presented a request for a first class beverage license for Second Summa Corp (Denny's). Mr. Dinklage moved to approve the first class license for Second Summa Corp. Mr. Condos seconded. Motion passed unanimously. Other Business Mr. Hafter advised the Rotary Club is holding a debate tomorrow with the 5 candidates for State Legislature from S. Burlington. Mr. Hafter advised the planning vacancy has been advertised. As there was no further business to come before the Council, the meeting adjourned at 9:20 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.