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HomeMy WebLinkAboutMinutes - City Council - 04/01/1991CITY COUNCIL 1 APRIL 1991 The South Burlington City Council held a meeting on 1 April 1991, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: Paul Farrar, Chairman; Michael Flaherty, John Dinklage, James Condos Also Present: Charles Hafter, City Manager; Joe Weith, City Planner; Margaret Picard, City Clerk/Treasurer; Stephen Stitzel, City Attorney; Sid Poger, The Other Paper; David Raphael, Lauren-Glenn Davitian, Bob McCarroll, Maurice Paquette, Dick Posey, Judy Cheney, Stephen Cheney; Albert Audette, Street Dept. 1. Comments & Questions from the Audience (not related to agenda items): No issues were raised. 2. Update on Operation of Channel 17, Government Access Channel: Ms. Davitian asked if the Council had any problems with the coverage. Mr. Farrar said there was less interference than he had anticipated. Mr. Condos said that comments from citizens are very positive. Ms. Pavitian said they are just meeting their hourly mandate in S. Burlington and could negotiate with Adelphia Cable for more time if the city wants. There are options for other types of coverage such as interviews. Ms. Davitian noted that Essex has asked for one paragraph to be eliminated from the agreement. She read the paragraph which concerns indemnification of the trustee and asked if S. Burlington will reconsider the agreement without that paragraph. She noted that if members don't have the proper kind of insurance, Channel 17 will get it. Mr. Farrar said the city will consider. He noted that it is always debatable whether a situation is covered by insurance. He said there is no specific coverage for this situation but there is a possibility of coverage under some of the general coverage categories. Mr. Condos noted the city is looking into a more sophisticated sound system and asked if it could be linked with Channel 17's equipment. Ms. Davitian said she has given the city a quote for a compatible system at about $675. 3. Consideration of Resolution of South Burlington City Council to Extend Interim Zoning Bylaws: Mr. Farrar read the Resolution. Mr. Dinklage moved the city approve the Resolution to extend interim zoning bylaws as read Mr. Condos seconded Motion passed unanimously. The Interim Zoning was extended until July 31 for the portion of the quadrant bordered by Swift, Dorset, Spear St. and Shelburne line. Mr. Weith then requested a joint meeting of the Planning Commission and Council for 30 April. Council members agreed. 4. Public Hearing on Ordinance to Amend the South Burlington Ordinance to Regulate Peddling; Second Reading: Mr. Hafter said there has been no feedback from anyone who holds a peddling license. Mr. Dinklage moved to waive reading of the Ordinance. Mr. Flaherty seconded. Motion passed unanimously. Mr. Dinklage moved to approve the second and final reading of the Ordinance. Mr. Flaherty seconded. Motion passed unanimously. 5. Consideration of Approval of amendment to Chittenden Regional Solid Waste District Charter: Mr. Farrar noted that Williston is concerned with potential liability problems concerning the siting of the regional landfill in their town. The potential site is next to their present landfill and if a problem occurs it might not be evident where it is coming from. They want an indemnification agreement. He then read the proposed amendment. Mr. Dinklage moved to approve the proposed amendment to the Solid Waste District Charter and further moved the City Manager convey the three recommendations made in his memo on this subject. Mr. Flaherty seconded. Motion passed unanimously. 6. Proposed 1991 Comprehensive Plan sent to City Council from Planning Commission; Schedule Public Hearing: Mr. Hafter suggested 6 May for the Public Hearing. Members agreed with this date. A Council review of the Plan will be scheduled for 16 April. 7. First Reading of an Amendment to the South Burlington Sign Ordinance to Incorporate Special Regulations for Signs into the Dorset Street/City Center Sign District: Mr. Dinklage moved to substitute the language contained in the City Manager's memo of 29 March for the language received at the previous meeting. Mr. Flaherty seconded. Mr. Stitzel said he didn't have any more specific amendment proposals. He noted that references to different sections are not accurate and these must be changed. He recommended approving the first reading subject to those administrative changes. There are also some areas of overlap with the current sign ordinance and these can be cleaned up as well. He noted some areas where there is some confusion between what is now allowed and what will be allowed under the Dorset St. provisions (temporary signs, for example). None of these will involve substantive changes and he will have amendments for the final hearing. The motion then passed unanimously. Mr. Dinklage moved to waive reading of the changes to the Ordinance. Mr. Flaherty seconded. Motion passed unanimously. Mr. Dinklage moved to approve the first reading with the understanding that before the second reading there will be administrative changes such as renumbering and cleaning up of redundancies. There was no second to this motion. Mr. McCarroll, Manager of the Anchorage, noted the sign dimension was indicated at 32 sq. ft. He asked what the existing limit is. Mr. Flaherty said it is 40 sq. ft. Mr. McCarroll noted they now have a "reader board" with changeable message capability and this is 40 sq. ft. They want to continue to use it. Mr. Farrar said if it is the same sign they have always used and if they still own it after the terms of the Dorset St. project, it would be grandfathered. Mr. Hafter will check whether these conditions are met. Mr. Flaherty suggested that it would be simpler to have the 40 sq. ft. size so the new ordinance won't be creating a whole class of non-conforming signs. Mr. Flaherty moved to change the size of signs on Dorset St. from 32 sq. ft. to 40 sq. ft. Mr. Dinklage seconded. The vote on the motion was 2-2 (Mr. Dinklage and Mr. Condos opposing), and it was therefore not passed. Mr. Hafter noted that the word "asymmetrical" should be "symmetrical" (p. 25). Mr. Flaherty moved to change the word "asymmetrical" on p. 25 to read "symmetrical." Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter suggested removal of the word "zone" before the word "lot" on p. 30 as the city doesn't use this designation. Mr. Dinklage moved to strike the word "zone" in the third line from the bottom of page 30. Mr. Flaherty seconded. Motion passed unanimously. Mr. Dinklage then moved to add the words "regarding sign placement only" after the word "Ordinance" on the fifth line from the bottom of p. 38. Mr. Flaherty seconded. This motion was subsequently withdrawn. Mr. Condos then moved to delete Section B on p. 38 down to the third line from the bottom and to substitute: "Review by the Planning Commission would be subject of the following consideration prior to taking action on the permit request." Mr. Dinklage seconded. Motion passed unanimously. The City Attorney noted that on p. 39, subparagraph ii should be changed to say: "compatibility of the sign design with the architecture and land use in the vicinity." Also in subsection iv. the words "and the District" should be deleted. Mr. Dinklage moved to approve the City Attorney's recommendations as stated. Mr. Condos seconded. Motion passed unanimously. Mr. Flaherty then moved to add "hotel/hotels" after "movie theatres" in Section IV. page 13. Mr. Dinklage seconded. Motion passed unanimously. Mr. Raphael suggested that even a free-standing sign must be landscaped under the present ordinance and felt there could be options other than landscaping for Dorset St. He also wanted to review the whole issue of temporary signs. Mr. Dinklage then moved to approve the first reading as amended. Mr. Condos seconded. Motion passed unanimously. Mr. Flaherty moved to set 15 April for the second reading. Mr. Dinklage seconded. Motion passed unanimously. 8. Review Planning Commission Agenda for 2 April: No issues were raised. 9. Liquor Control Board: Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter presented a list of first and second class liquor license renewals (attached). Mr. Flaherty moved the Board sign the renewals as presented by the City Manager and dated 1 April 1991. Mr. Condos seconded. Motion passed unanimously. Mr. Hafter then presented a catering permit for Deco, Inc. for an open house at Wickes Lumber on 4 April from 6-11 p.m. Mr. Flaherty moved the Board approve the catering permit for Deco. Inc. as presented. Mr. Condos seconded. Motion passed unanimously. Mr. Flaherty moved the Board adjourn and reconvene as City Council. Mr. Condos seconded. Motion passed unanimously. 10. Minutes of 25 February 1991: Mr. Flaherty moved to approve the Minutes of 25 February as written. Mr. Dinklage seconded. Motion passed unanimously. 11. Budget Correction: Mr. Hafter noted a math error in the Assessing budget which should now read $96,073. He suggested a number of alternatives to compensate for this error, but Mr. Farrar suggested just saying the budget total is correct and making specific corrections at any time. 12. Sign Disbursement Orders: Disbursement orders were signed. 13. Executive Sessions: Mr. Flaherty moved the Council adjourn and reconvene in Executive Session to discuss contract negotiations involving Dorset Street and to reconvene only to approve an agreement or to adjourn. Mr. Dinklage seconded. Motion passed unanimously. 14. Regular Session: The Council reconvened in regular session. John Dinklage moved that the Council authorize the City Manager to sign a utility agreement with New England Telephone when it was in proper from. Mike Flaherty seconded. The motion passed unanimously. Mike Flaherty moved adjournment, Jim Condos seconded. The meeting adjourned at 10:00 PM. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.