Loading...
HomeMy WebLinkAboutMinutes - City Council - 05/06/1991CITY COUNCIL 6 MAY 1991 The South Burlington City Council held a meeting on Monday, 6 May 1991, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: Paul Farrar, Chairman; John Dinklage, James Condos, Bill Cimonetti Also Present: Charles Hafter, City Manager; Joe Weith, City Planner; Mary-Barbara Maher, William Craig, Catherine Peacock, Terry Sheahan, Planning Commission; Margaret Picard, City Clerk/Treasurer; Dick Ward, Zoning Administrator; Bruce O'Neill, Recreation Dept; Michael Sheridan, CCTV; Sid Poger, The Other Paper; Albert Audette Street Dept; Thomas Chittenden, George Sporzynski, Laurie Parker, Michael Marceau, Laura DeMaroney, George Chamberland, Wendy Bilodeau, Chris & Tom Cavin, Sally Hughes, Dore Sims, David Jacobowitz, Kenneth Murray, Darlene Murray, Palmer Irish, Brian Shea, Harvey & Rosanna Ruel, Kathryn & Frederick Hannon, Geo. W. Boccuzzi, Grace & Ralph Aruzza, Elena Boccuzzi, Emerson & Dorothy Whitney, Pat Booska, Jeanne & Don McLean, Nile Duppstadt, David Austin, Bob Chittenden, Mary Benoit, Liz Mansfield, Patty Hallam 1. Comments & Questions from the Audience not related to agenda items: Mr. McLean asked for a comprehensive map of the recreation paths. He also asked what plans for the path involve Butler Farms. Mr. Hafter said the part of the path involving Butler Farms is scheduled for phase 2. 2. Request from Finard & Co. to Support Amendment to Act 250 Permit to Allow Occupancy of Third Department Store at University Mall: Mr. Khouri said they are asking Act 250 to allow them to occupy a third department store after the fall of 1992, contemporaneously with the finish of Dorset Street. He said they can't conclude negotiations with a department store unless they have a date certain to discuss. Mr. Cimonetti noted the Mall is asking for permission to open even if the Dorset St. work, for some reason, is not complete. Mrs. Maher asked how the city would handle the worst case scenario. Mr. Farrar noted that the city's approval of the Mall plans did not tie the third department store into Dorset Street completion; only Act 250 did. Mrs. Jewell said she was concerned as she had heard all this before. The road was supposed to be built 4 years ago and still isn't. Mr. Farrar said the notice for bids has gone out and the road surface should be in place three months before the Mall is asking to open. Mr. Cimonetti moved that the city support the proposal made by Finard & Company to the District Environmental Board by showing no objection to a changed ruling that would allow occupancy of a third department store on or after 10/1/92. Mr. Dinklage seconded. Motion passed unanimously. 3. Update on Recreation Path Easements for properties located to the north of Lindenwood Drive: Mr. Hafter reported that 2 of 5 property owners have no problems with the easements. The other 3 have concerns. He felt these could be worked out but that it would take time. Mr. Craig felt a strong case could be made to align with the path on the other side of Shelburne Rd. There is already construction going on behind Lindenwood. He felt the start of the path shouldn't be delayed to secure that alignment. He felt it should be brought down Lindenwood at this time and get the other alignment when the easements are secured. Lindenwood residents noted their lawyer wouldn't be present until 9:30 and members agreed to continue further discussion until that time. Mr. Cimonetti did note that it was the specific intention to bring the path into residential areas and off major traveled streets wherever possible. 4. Public Hearing on Interim Zoning Application for Michael Marceau to construct a single family house at 1485 Hinesburg Rd; approval of findings of fact: Mr. Marceau said he would share a driveway with the farmer leasing his parents' adjacent land. Mr. Ward said this is a pre-existing non-conforming lot which is grandfathered. Mr. Marceau then located the property on the plan. He will build a basic 2-story colonial house, 48 x 32 ft. The garage will be at basement level with no external garage. There will be 2 decks on the west side. Mr. Ward said there is on-site sewer and water which is approved by the State. Mr. Dinklage moved to approve the Findings of Fact and authorize the Chairman to sign. Mr. Condos seconded. Motion passed unanimously. 5. Public Hearing on 1991 Comprehensive Plan: It was noted there is a request from O'Brien's for a zone change of property near Old Farm Rd./Kimball Avenue. Mrs. Maher noted there has been opposition from Mr. Audette and others to the closing of Old Farm Rd. based on safety concerns. Mr. Scott noted he had attended most of the meeting the Planning Commission held on the Comprehensive Plan and was very favorably impressed with their eagerness and willingness to discuss issues openly. He felt it was a very good plan. He particularly liked the recreation plan path which was done very openly. He encouraged the Council to adopt the Plan and to consider seriously the use of TDR's as an opportunity for using unique tools to accomplish the saving of open space. Mr. Duppstadt was concerned with the loss of value of some of his land. He was also concerned with making the city core more dense from the point of view of air quality and traffic. He also felt there are affordable housing issues. He didn't like the dividing line down the middle of Van Sicklen Rd. Mr. Dinklage asked about the possibility of using the northern half of the quadrant as a receiving area for TDR's. Mr. Duppstadt didn't feel it would work as much as he would like to see. Mr. Farrar noted that the sewer study now going on will have a major impact on the plan. Mr. Dinklage noted that there is only major area of disagreement with Regional Planning on the S. Burlington Plan and that Regional Planning is coming around to the city's thinking. He said he would like to see additional focus on affordable housing and updated population data. Mr. Condos questioned a section that promotes "in home businesses" and accessory apartments in houses. He said he would hate to see homes become apartment houses. Mrs. Maher said the kinds of apartments in question were "mother-in-law" apartments where there would be no change to the exterior of a house and no parking impact. Mr. Dinklage suggested the Commission provide more definition along this line. Mr. Weith asked what the procedure is now. Mr. Farrar said the Council can refer the Plan back to the Commission for additions or it can make additions and then refer it back to the Commission. Mr. Farrar asked if the Comprehensive Plan is adopted and zoning isn't changed, will zoning be in compliance with the plan. Mr. Weith said it would not. Members discussed this situation. It was noted there is always the option to change the plan if zoning goes in a different direction from the plan. Mr. Hafter noted the fiscal implications of some items in the Plan have to be considered thoroughly. He felt some of the suggestions sounded like mandates. Mr. Hafter also suggested taking out references to specific road projects. Mr. Dinklage then moved to send the Comprehensive Plan back to the Planning Commission for further development and to ask the Commission to consider all comments from the City Planner and City Manager and also the O'Brien request for zone change. Mr. Condos seconded. Motion passed unanimously. Mr. Farrar thanked the Planning Commission and all who worked with them on the creation of the Plan. Mrs. Maher asked whether the Council wanted to see new zoning first or the revised Comprehensive Plan. Mr. Cimonetti said he wanted to see a draft of zoning for that part of the Southeast Quadrant that's been under interim zoning. Mr. Craig suggested a joint meeting as soon as possible to establish priorities. 3. (continued) Mr. Farrar reviewed the earlier discussion on the bike path for Mr. Mikel, counsel for Lindenwood residents. Ms. Mansfield said she supported the path and noted the thousands of hours put in by volunteers over the past 2 years. She felt it wasn't fair to delay the project and would like to see it go through as planned. Mr. Mickel suggested using Swift Street instead of Lindenwood if money is a problem. Mr. Condos did not feel that was a good idea. Other members agreed with Mr. Condos. 6. Discussion of Alternative Locations for new I-89 Interchange: In order to get the northbound ramp onto the TIP, the MPO wants to know what else the city may want. There was an extensive study done by the state on possible interchanges including Hinesburg Rd, a Winooski interchange, and one in Milton. The study included a cost/benefit ratio, and both the S. Burlington proposals had positive cost/benefit ratios. He noted there are a variety of options for portions of each proposed interchange. Mr. Cimonetti said that with the Dorset St. construction, the city would miss a major opportunity if it didn't find a way to incorporate a northbound on ramp into the project. He felt that should be the highest priority. Mr. Condos felt that after the northbound ramp at Dorset St. Interchange 12 should be next. Mr. Scott asked what the cost would be. Mr. Farrar said today the split would be 95% federal/state and 5% local, but there was a question of whether the new transportation act would change that to 90%-10%. Mr. Cimonetti noted there had already been proposed development in the area where Interchange 12 would be and that would have precluded the building of the interchange. Mr. Dinklage moved that the Council request the MPO to place the northbound on ramp at Exit 13 from Kennedy Drive as the highest priority interstate improvement project in S. Burlington and that they be asked to try to achieve construction of that within the Dorset Street construction time period. Further that the complete interchange at Hinesburg Road be the second priority in S. Burlington and that the city request the MPO and the Agency of Transportation to commence design on that interchange and place funds in the TIP consistent with that design build cycle. Mr. Condos seconded. The motion passed unanimously. 7. Approval of Revision of Channel 17 Trust Agreement: Mr. Hafter said he had no problem with the revision. The cover letter says that Channel 17 will purchase the insurance. Mr. Cimonetti moved the Council approve and sign the approval as presented. Mr. Condos seconded. Motion passed unanimously. 8. Discussion: Regulation of Gambling in South Burlington: Mr. Farrar said the City Attorney's memo outlines what authority the city does have. Harley Brown, attorney for Bambino's noted they had held a Monte Carlo night for the benefit of Multiple Sclerosis. 82 people attended. It was not a financial success for Bambino's or for the charity. He noted that the middle-men who stage these events are scared and won't do it any more. Mr. Farrar said the city's concern is for any liability the City may incur in such events. Mr. Cimonetti said some members would like the city to have some authority to regulate gambling as well as other entertainment activities. He noted the House had passed a bill that tried to put constraints on gambling. The Senate has not yet taken action on it. He felt the Council should keep this open and pursue the "use" aspect under the Zoning Ordinance. He felt there was a possibility of a charter change to get a gambling control ordinance. Mr. Dinklage asked if the Entertainment Permit process could be expanded. Mr. Hafter said he has asked the City Attorney to look into that. 9. Legislative Update: Mr. Cimonetti said the transportation bill is not signed and that the house and Senate had come up with two different bills. The House Transportation Committee was going to recommend concurrence with the Senate changes, but that isn't done yet. Both versions of the bill include language to allow federal participation in undergrounding of utilities where that has been deemed necessary. There is a $650,000 capital allocation for improvement at the Correctional Center. He wanted to insist that local planning processes not be circumvented. The Solid Waste Charter change was approved by both bodies. It does not remove authority of the general body to make charter changes. The condemnation procedures have been changed. The charter is not modeled on the highway system. 10. Introduction of Ordinance to Regulate Parades and Public Events on City Streets; schedule first reading: Mr. Dinklage moved the first reading be scheduled for 20 May. Mr. Condos seconded. Motion passed unanimously. 11. Information Items: Mr. Hafter advised that 6 beavers have been removed and adopted in other communities. Testing is being done to see the impact on the bacterial count. 12. Review Planning Commission and Zoning Board agendas: No issues were raised. 13. Minutes of 1 April 1991: Mr. Condos moved the Minutes of 1 April 1991 be approved as written. Mr. Dinklage seconded. Motion passed unanimously. 14. Sign Disbursement Orders: Disbursement orders were signed. 15. Liquor Control Board: Mr. Dinklage moved the Council adjourn and reconvene as Liquor Control Board. Mr. Cimonetti seconded. Motion passed unanimously. The following entertainment permits were presented: a) WFWC, Inc., for a wedding to be held at Knights Hall on 8 June 1991, from 2:30 to 10:00 p.m. b) the Radison Hotel Associates, for a cocktail reception and dinner for Green Mountain Power Corp to be held on 15 May 1991, from 6:00 to 10:00 p.m. c) Deco, Inc., for a banquet for Directors of Green Mountain Power with open bar held at Corporate Offices, 25 Green Mountain Drive, from 6:00-11:00 p.m. on 15 May 1991. d) Bambino's, for Sweet Sensation (Singers) on 11 May 1991, from 10:00-11:00 p.m. Mr. Dinklage moved to approve the 4 entertainment permits as presented. Mr. Condos seconded. Motion passed unanimously. An application for a second class beverage license for Bourne's Service Center, 760 Shelburne Rd., was presented. Mr. Dinklage moved to approve the second class license for Bourne's as presented. Mr. Condos seconded. Motion passed unanimously. A first class license for Papa Gino's, 155 Dorset St. University Mall, was presented. Mr. Dinklage moved to approve the first class license for Papa Gino's as presented. Mr. Condos seconded. Mr. Cimonetti noted this is the first first class license at the Mall and suggested the Police be made aware of this. The motion was then passed unanimously. Executive Session: Mr. Cimonetti moved the Board adjourn and reconvene as City Council in Executive Session to discuss contract negotiations, acquisition of real property, and to resume regular session only for the purpose of adjournment. Mr. Dinklage seconded. Motion passed unanimously. Regular Session: The Council reentered regular session. Mr. Dinklage moved adjournment, Mr. Cimonetti seconded. The Council adjourned at 11:00 PM. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.