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HomeMy WebLinkAboutMinutes - City Council - 06/24/1991CITY COUNCIL 24 JUNE 1991 The South Burlington City Council held a meeting on Monday, 24 June 1991, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: John Dinklage, Acting Chairman; James Condos, William Cimonetti, Robert Chittenden Also Present: Charles Hafter, City Manager; Joe Weith, City Planner; Margaret Picard, City Clerk/Treasurer; William Burgess, Terry Sheahan, Catherine Peacock, Mary-Barbara Maher, Planning Commission; Bill Schuele, Natural Resources Committee; Ethel Schuele, Red Rocks Park Committee; Ruth Poger, The Other Paper; Paul Farrar, Regional Planning Representative; Laszlo & Joanne Kolozsvary, R. Posey, Jan Emerson, Bill Wessel, Dave McLaughlin, Douglas Dapice, Michael Weissman, Arthur Rideout, Ray Jewett, Louvenia Bright, Maureen O'Brien, R. Mark Danell, Jon Soter, Stephen Kramer, James Lamphere, Stewart McConaughy, Armand Higson, Fred Maher, Ralph Aruzza, Dorothy & Emerson Whitney, George Boccuzzi, Fred Hannon, Patricia Jewett 1. Comments & Questions from the Audience (not related to Agenda Items): No issues were raised. 2. Second Public Hearing on Comprehensive Plan; adoption of same: Mr. Weith summarized the process of preparation of the plan. He noted the receipt of comments on the plan which the Planning Commission is now reviewing. There have been several additions to the new plan including a proposed boat access, a potential future park on the Nowland property, modified future roadways in the Southeast Quadrant, widening of Rt. 7 and Williston Rd. Problem intersections have been identified as have bicycle lanes and recreation paths. The land use map has been changed. The Commission used the concept of identifying growth areas. The intent was to encourage growth where it has already occurred or adjacent to these areas. The plan will contain a new map of natural resources (wetlands, views, etc.). Mr. Cimonetti said he felt the plan is flawed, not quite comprehensive, and lacks definition for the Southeast Quadrant. He noted that in the past, developers have directed the course of development in many instances. To avoid this, he felt the entire city should be planned and this should lead to a zoning ordinance. Then developers would have a sense of what the intended use of the land is. Mr. Cimonetti said he didn't feel there was an area of the city that will be forever kept in rural or rural residential. Mr. Weith said that outside of the general growth area, the Plan recommends non-intensive uses such as agriculture, rural residential, open space (1 unit per 5 acres where today 2 units per acre are allowed if the owner has 50 acres or more). Mr. Posey said he has supported the City center plan but is concerned about two things: a proposed street and a footpath on the Lake Buick property. He noted there is a brook that comes through the property. The south side of the brook is beautiful, and he felt the footpath should go there instead of on the blacktopped side where, he felt, there would be a hazard from cars. Instead of the proposed road through his dealership, he suggested the use of San Remo Drive to service Mall traffic. Mr. Condos noted that Mr. Posey had attended many meeting of the City Center Committee. He thanked Mr. Posey for proposing solutions to problems. Mr. Weith said the Planning Commission feels the roadway system is important. The proposed road would tie into a light. He noted there is also a light proposed at San Remo Drive. He noted that the Commission didn't discuss the pedestrian trails, which was an oversight. He agreed with Mr. Posey that the path south of the brook would be preferable. Mr. Dinklage stressed that it isn't the intention of the Comprehensive Plan document to prevent a change that is in the city's or a property owner's best interests. Mr. McConnaughy, representing Tom Farrell, commented on the proposed boat access on the Allenwood property. He felt all residents should bear a fair share of development in the city but felt that the proposed boat access is on ill-suited land and that the affect of the plan is to make that land not viable for development. He felt this was a "taking" and hoped the plan would be changed. Mr. Lamphere then showed pictures of the site, including a cross-section of the land. He said the only place a boat access could happen would have to be completely restricted, and the only prime development land on the site would then be taken for a parking lot. Mr. Weith said the placement was more conceptual than specific. Mr. Lamphere added that the land adjacent is residential and the two uses are not compatible. Mr. Condos asked if there could be a statement in the Plan that the city is thinking of acquiring a boat access. Mr. Weith said the Plan mentions the Allenwood property and describes the general location. It is the only undeveloped land along the lake except for Red Rocks Park which couldn't handle a boat access because of topography. Mr. Lamphere stressed that if you show the access on the plan, the value of the land has been seriously affected. Mr. Schuele noted that Allenwood has been mentioned in the plan for a recreation area for twenty years. Mr. Weith said the State has offered to send people out to look at the area. Mr. Sheahan stressed that the Commission first saw this last week and that it is a major generalization. Mr. Burgess noted that any change regarding the boat access could be treated as an amendment to the Plan. Mr. McConnaughy said there is no question of the city's right to recommend various considerations at the time of development. Mr. Cimonetti said it is now a question of strategy. His position was that the Plan should be returned to the Planning Commission to deal with the issues raised instead of adopting a plan and then changing it. Mr. Condos asked the ramifications of that, especially since the City would be left without a plan in effect. Mr. Weith noted that Criterion 10 of Act 250 requires that a development be in accordance with the community's Comprehensive Plan. If there is no plan, the Regional Plan would have precendence. He added that zoning the Southeast Quadrant could not be changed if there were no plan. Mr. Dinklage said he felt very strongly that there is a need to have a Comprehensive Plan in effect. He cited the problems that Williston had when its Comprehensive Plan and Zoning Ordinance did not concur. He felt that the two concerns raised tonight were housekeeping details which can be corrected. Mr. Dinklage said he supported the development concept in Map 8 as outlined by the City Planner. Mr. Scott noted there is a member of the Council who owns a large piece of land which is under consideration and felt that member should step down during consideration of that area. Mr. Dinklage replied that this would be left to the individual consideration of that member. Mr. Cimonetti asked if there could be a plan by July 1st if it were sent back to the Planning Commission. Mr. Hafter said there wouldn't be enough warning time. Mr. Chittenden moved to send the plan back to the Planning Commission to get a better plan. There was no second to this motion. Mr. Condos moved to adopt the present plan with the understanding that it will go back to the Planning Commission for consideration of comments made tonight. There was no second to this motion. Mr. Cimonetti then moved to table the consideration of the Plan for further action by the Planning Commission. Mr. Dinklage said he would hope to have the opportunity to reconsider the plan with the full Council present. Mr. Condos urged the city not to go without a plan. He acknowledged there are a few problems but felt these can be addressed. The motion was then passed unanimously. Mr. Hafter said it would be cleaner to close the Public Hearing and then have the Council continue its deliberations. Mr. Condos said he would, on July 1, make a motion to bring the item off the table. Mr. Dinklage asked the Planning Commission to make recommendations to the Council as to what to do about the issues raised tonight. Mr. Farrar said it might be advisable to take the item off the table and have a motion to continue to a specific time and place. Mr. Condos moved to take the item off the table with the understanding that it will be continued until a public hearing on July 1. There was no second. Mr. Condos then moved to schedule a joint meeting of the City Council and Planning Commission on July 1. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Condos moved to bring off the table the Comprehensive Plan item and continue it until the joint meeting on 1 July. Mr. Cimonetti seconded. Motion passed unanimously. 3. Interviews for Boards and Commissions: a) Zoning Board: The Council interviewed two persons for the two open positions on the Zoning Board. A third applicant, Paul Briody, was not present. Mr. Cimonetti asked both applicants what they see as the responsibility for interaction with the City Council and how interface between the two bodies can be improved. Maureen Bouchard said the only interaction has been via memos from the Council on specific issues. These have been helpful but she would like to see more interaction. She didn't know how this could be brought about. Steve Kramer said it would be more helpful if memos were received before the meetings. Mr. Dinklage asked if joint meetings with the Council would be helpful. Both candidates said yes. They felt a quarterly meeting would be adequate. Mr. Condos said he would like to see the City Attorney present at these meetings to address legal questions and possibly the Planning Commission as well. b) Planning Commission: There were four applicants for the two open positions: incumbents William Burgess and Mary-Barbara Maher, and two new applicants Jon Soter and Mark Danell. Mr. Dinklage asked about interfacing with the City Council. Mrs. Maher said she felt there had been interfacing even when she and the Council were disagreeing. She felt the Commission should work alone on those things that involve state statute but on all other matters the Council is the ultimate authority. She noted as an example that in the case of TDR's, it was the Council's wish that the Commission address this even though the Commission wasn't enthusiastic. She said she enjoyed the work of the Commission even though at times it was frustrating. Mr. Burgess said he wasn't sure he wanted to see the interaction changed. What he felt was needed was more specific direction. He felt perhaps the two bodies could get together more often, more formally. Mr. Soter said he was interested in learning and felt it was a great idea for the two bodies to get together. Mr. Danell said he had spent 13 years as site planner for IBM and had good experience with communications. He had no big concerns about the Comprehensive Plan. Mr. Cimonetti asked the two new applicants about their vision of a Plan for South Burlington. Mr. Danell said he wasn't sure any plan should be so ordained as to pinpoint every road, boat access, etc. He felt there should be a balance between residential and commercial and that a one to one balance makes sense. He felt the kind of commercial development has been a lot of "strip mall" stuff and he would not like to see more of that. He preferred clean industry over more retail. Mr. Soter said he felt the plan was a framework, a guideline. He said there is a very precarious balance between the interests of land ownership and the community good. Mr. Cimonetti asked what the applicants see for the Southeast Quadrant. Mr. Soter said he felt the Quadrant is a good resource for keeping open space and felt the TDR concept attempts to do that. Mr. Danell said he subscribed to the concept of concentrated urban development. He said South Burlington is a very pretty town and he would hate to see public access to the beautiful areas lost. He was very intrigued by the City Center concept. Both new applicants said they would accept appointments to other Boards or Commission and felt the Zoning Board might be a good place to start. Mr. Cimonetti asked the incumbent members what could be done with the process to make it go more quickly. Mrs. Maher cited the problem of "eleventh hour" raising of issues (such as Allenwood's concern over the boat access). Mr. Burgess noted this has been an exceptional year for development review and felt the Commission may be nicer to developers that it has to be. He felt maybe it shouldn't drop everything to meet the needs of developers. He noted the Commission tried to get a lot of citizen input in the Comprehensive Plan and this took time. Also, the TDR concept was breaking ground totally new to the Commission. Mr. Dinklage asked if there are things the staff can do to save time in the future. Mr. Burgess said he couldn't compliment the staff enough. They have made an excellent effort. Mr. Condos raised the question of having work sessions be for work sessions only and not letting developers push plans into these sessions. Mr. Burgess felt the Commission may be too willing to warn a public hearing before all required information is available from a developer. Mr. Cimonetti said he didn't feel the Commission should be harder on developers. He then asked if the city should fund more planning type studies. Mrs. Maher said she wished the city had spent $5,000 more to get suggestion as to how to zone the Southeast Quadrant. Mr. Burgess said it is hard to say whether the city got its money's worth. The Boyle studies were helpful, especially in identifying the resources it is trying to preserve. He felt the Commission might have more direct input in the commissioning of a study. Ms. Peacock noted that after Ray Belair was hired, things really began to move more smoothly as he assumed a lot of the housekeeping chores. Mr. Scott said he felt there was plenty of opportunity for people to bring up issues during the Comprehensive Plan process. None of the complainers were at any meetings. He didn't feel the Commission was at fault but that the complainers should be faulted for not speaking up sooner. c) Regional Planning Commission delegate: Paul Farrar applied for this position. Mr. Dinklage asked why Mr. Farrar wishes to serve. Mr. Farrar said it is one of the areas that gave the most frustration as communications were difficult. He noted the Regional Plan and the local plan never seem to match, and he wanted to solve that. He stressed that if he is appointed, he wants to come in and talk about issues. He felt that such a dialogue should occur at least every quarter, possibly every other month. Mr. Farrar said he would also be willing to serve on the City Charter Committee. d) CCTA: The Council interviewed Bill Wessel. Mr. Wessel said he has spent 18 years in uninterrupted service to the community. He likes to help solve other people's problems. He said he meets quarterly with the Council and is open to any other kind of arrangement. Mr. Dinklage asked what is being done to keep the city's subsidies as low as possible. Mr. Wessel said CCTA is about to start a management audit. He noted they are one of the most efficient transportation authorities for the size in the country and have received an award for that. He added they are continuing route analyses and have also sponsored longer studies (Shelburne Rd.). He felt the quality of the Board has gone up in the past few years. Mr. Condos noted that Burlington is now the "hub" for CCTA and asked how Mr. Wessel would feel about two or three hubs. Mr. Wessel said they are on the edge of having something like that and are doing a study to see if it is feasible. Mr. Cimonetti noted that University Mall might be a good hub point. Mr. Wessel praised Frank Mazur's work as Chairman of the CCTA Board. Mrs. Schuele said ridership would improve if CCTA got rid of the wooden buses. She felt they are unsafe. Mr. Hafter asked what will happen to the free bus route. Mr. Wessell said it will go unless there is some funding. e) Solid Waste district Representative: Mr. Condos said he has made every effort to keep the Council informed and to present the Council's opinions to the District. He said one of the biggest issues before any community in the future is solid waste disposal and he welcomes the challenge to be part of the solution to the problem. He noted he is on the Executive Board and would like to remain on it. He noted that Sonny Audette has given valuable technical expertise as alternate representative. f) Channel 17 Representative: It was noted that Mr. Flaherty is willing to serve again and Mr. Hafter would be the alternate. g) UVM Liaison: Mr. Cimonetti said he felt it was a position worth continuing and he would be willing to serve again. h) MPO Representative: Mr. Dinklage said he had served for a while and is now Vice Chairman. He felt the position required someone in close synch with the City Council as South Burlington needs to see its concerns get addressed. Other Positions considered were: Tree Warden - Sonny Audette Emergency Management Coordinator - Sonny Audette and Jim Gaudette Cemetery Committee - Sonny Audette and Bill Szymanski Mr. Condos moved to approve the appointments of Tree Warden, Emergency Management Coordinator and Cemetery Committee as noted above. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Hafter noted there was a question of the length of term of the Airport Commission representative. The agenda item for that item last year noted it was a 4 year appointment until 1994. Mr. Condos then moved to enter into the Minutes that Michael Flaherty was appointed Airport Commission representative with Bill Cimonetti as alternate for a four year term until 1994. Mr. Chittenden seconded. Motion passed unanimously. 4. Term Limitation on City Boards: Community Library Board: Mr. Cimonetti noted this is the only Committee on which incumbents are precluded from reappointment. Mrs. Schuele said the Board has asked that the City council honor their by-laws as this is still their wish. 5. Review City Insurance Programs and Consider proposals: Mr. Hafter said that the city's liability, workers compensation and property insurance was put out to bid. Don Condon, Insurance Consultant, then explained what has transpired since he began advising the city. Workers compensation insurance has been reduced 15% per year. Other insurances have been reduced and loopholes in coverage have been identified and filled. In the present bid process, 5 agencies were invited to bid. The Allen Agency and Smith Bell couldn't fulfill the specs and backed out. Bids were then received from Hackett Valine MacDonald (the current carrier), Hickok and Boardman, and PACIF (Vermont League of Cities and Towns). He showed the questionnaire given to bidders. Mr. Condon then summarized the bidding: The total bids were as follows: Hackett Valine MacDonald:$274,020 ickok & Boardman:251,000 VLCT 268,000 (without umbrella coverage) Mr. Condon noted the city is at a crossroads. Money is important. Hickok & Boardman has some deficiencies he is not comfortable with as they can't provide coverage for EMT's. Hackett Valine has done a very decent job and Continental Insurance is a very stable company. New Hampshire (the Hickok & Boardman Company) is not quite up to that reputation. He felt that for price, he would recommend Hickok & Boardman and for quality Hackett Valine. Mr. Cimonetti asked why the current carrier upped the liability coverage so much. Mr. Condon noted additional coverages and bad auto coverage experience. Mr. Hafter noted the city had gotten great service from Hackett Valine but felt the bid process was a valid process. He noted a commitment is needed by 1 July. Mr. Dinklage asked if there is any reason not to give it to Hickok and Boardman. Mr. Condon said just the small EMT exposure. Mr. Cimonetti moved to authorize the acceptance of the low bid from Hickok and Boardman with the condition that there be further negotiations to reduce the premium where possible. Mr. Condos seconded. Motion passed unanimously. 6. Consideration of Amendment to FY 90-91 Budget: Mr. Condos moved to transfer $175,000 operating surplus from Account 100-2500-00.00 Landfill and Carter Permits to the reserve account earmarked to fund the costs associated with the future closure of the municipal landfill as per previously approved schedule. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Condos moved to appropriate $12,488 to Act. 100-9400-44.09 Household Hazardous Waste User Fee and to balance the expenditure by increasing Act. 100-2520-00.00 Landfill and Carter Permits by $12,488. Mr. Chittenden seconded. Motion passed unanimously. Mr. Condos moved to transfer funds from Act. 100-3000-80.00 Land Acquisition to Open Space Reserve fund up to the budget amount of $26,520. Mr. Cimonetti seconded. Motion passed unanimously. 7. Consideration of Tax Rates for Special Assessment Sewer Districts 1991-2: Mr. Cimonetti said he would like not to do anything for Country Club Estates as no work has been done there. He felt the Council shouldn't say they will assess them and then waive it. Mr. Cimonetti moved to instruct the City Manager and City Treasurer that the tax rate shall be set to raise funds to recover approximately $10,157 from the sewerage of Ethan Allen and Meadowood and to assess no taxes from Country Club Estates which has not been sewered, subject to review by the city Attorney. Mr. Condos seconded. Motion passed unanimously. 8. Approval of Resolution on Holding Bonding Vote for closure costs for Landfill: Mr. Condos moved to approve the resolution on holding the bonding vote for closure costs for the landfill. Mr. Chittenden seconded. Motion passed unanimously. 9. Consideration of "Opt Out" Program for health insurance coverage - further information: Mr. Condos noted the program would result in a very substantial savings. Mr. Dinklage said he does support it, but he wanted to be sure employees had a very detailed description of how the program would work. He also noted the program would ultimately drive up the cost of everyone's insurance as companies would raise their rates. Mr. Hafter said he wasn't sure there would be 15 people taking advantage of the program. Mr. Condos noted that with only three people the savings would be $11,000. Mr. Condos moved to approve the "opt out" program as proposed by the City Manager in his memo of 21 June 1991 for the fiscal year 1991-2. Mr. Cimonetti seconded. Motion passed unanimously. 10. Proposed meeting with Planning Commission to review zoning in Southeast Quadrant: Members agreed on Thursday, 11 July. 11. Review Planning and Zoning Agendas: No issues were raised. 12. Minutes of 3 June 1991: Mr. Condos moved to approve the Minutes of 3 June 1991 as written. Mr. Chittenden seconded. Motion passed unanimously. 13. Sign Disbursement Orders: Disbursement orders were signed. 14. Liquor Control Board: Mr. Chittenden moved the Council adjourn and reconven as Liqor Control Board. Mr. Condos seconded. Motion passed unanimously. Mr. Hafter presented an entertainment permit from the Olympiad for a dance band for an outdoor part in a fenced in area, 28 June 1991, from 6-10 p.m. He also presented a request for a first class beverage license from the Cupola Golf Course. Mr. Condos moved to approve both the entertainment permit for the Olympiad and the first class beverage license for Cupola Golf Course as presented. Mr. Cimonetti seconded. Motion passed unanimously. Executive Session: Mr. Condos moved the Board adjourn and reconvene as City Council in Executive Session to discuss appointments to Boards and Commissions, pending litigation, and personnel issues and to resume regular session only to make appointments to boards and commissions and/or adjourn. Mr. Cimonetti seconded. Motion passed unanimously. REGULAR SESSION: The City Council returned to regular session. Jim Condos moved and Bill Cimonetti seconded the following appointments: Planning Commission: Bill Burgess 1991-1995 Mary Barbara Maher 1991-1994 Zoning Board of Adjustment: Maureen O'Brien 1991-1995 Stephen Kramer 1991-1994 Chittenden County Regional Planning: Paul Farrar (Delegate) 1991-1993 John Dinklage (Alternate) 1991-1993 MPO: John Dinklage (Delegate) 1991-1993 Paul Farrar (Alternate) 1991-1993 CCTA: Bill Wessel 1991-1994 Solid Waste District: Jim Condos (Delegate) 1991-1993 Sonny Audette (Alternate) 1991-1993 Channel 17 Representative: Michael Flaherty (Delegate) 1991-92 Chuck Hafter (Alternate) 1991-92 UVM Liaison: Bill Cimonetti 1991-92 The motion passed unanimously. Bob Chittenden moved adjournment, Jim Condos seconded. The meeting adjourned at 12:45 A.M. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.