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Minutes - City Council - 07/13/1992
CITY COUNCIL 13 July 1992 The South Burlington City Council held a regular meeting on Monday, 13 July 1992, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: Acting Chairman John Dinklage, William Cimonetti, James Condos, and Robert Chittenden Also Present: Charles Hafter, City Manager; Frank Mazur, Jim Gears, Jean McCandless, Mary Scollins, Peter Yankowski, Ethel Schuele, Steve Crowley, Fran Reiman, Larry Kupferman, Frederick Blais, Maurice Cloutier, Robert Irish, Howard Taylor, Dale Kleppinger, Robert Rodd, Neal Graham, William Wessel, Vince Bolduc, Brian Searles, Police Chief; Joe Weith, City Planner; Cathy Ryan, Michael Munson 1. Comments & Questions from the Audience (not related to Agenda Items): No issues were raised 2. Interviews of Applicants for appointment to city boards and commissions: a) CCTA: The Council interviewed Frank Mazur. Mr. Mazur said he felt he should contribute his skills and background. This would be his 15th year in the position. He said he wanted to re-evaluate the S. Burlington routes to be sure the citizens are getting the best service possible. Mr. Mazur was also applying to be the Technical Representative to the MPO, a position he had filled since 1983. b) Committee on Social Responsibility: 1. Jim Gears: Mr. Gears felt it is important to serve and also felt this is a real "hands-on" committee. Enjoyed dealing with the agencies serving the community from "birth through death." Mr. Cimonetti raised the question of co-ordinating the Committee's efforts with United Way. Mr. Gears said he was impressed with the fact that South Burlington citizens give more to those who serve the community and noted that was one of the major criteria used by the committee to decide upon allocations. He noted that every organization that applied for funds made a point of saying how much they appreciated even the smallest appropriation from the city. Mr. Condos commended the Committee for its work. Mr. Gears indicated he also wanted to stay on the Correction Center Committee as he was concerned with recent revelations at the Corrections Dept. 2. Jean McCandless said this would be her 4th year on the Social Responsibility Committee. She felt it was a useful way to serve the community and to use her skills and expertise. She said she would also like to see a "free standing" amount of money for human services. Mr. Cimonetti raised the question of meeting more often with the City Council. Ms. McCandless noted the people who serve on the Committee have a limited amount of time. They serve intensely at budget time. She indicated they would be glad to talk with the Council about agencies that serve the community. Mr. Cimonetti also raised the question of coordination with the United Way. Ms. McCandless noted that various agencies share their United Way reports with the Committee. She also felt the Committee had different priorities than United Way as the Committee focuses on service to the S. Burlington community. She also wasn't sure United Way would be willing to share its information with the Committee. Mr. Dinklage said he felt the Community was very well served by the Committee. 3. Mary Scollins said she has a keen interest in children's needs. She has been with the Agency for Human Services for 14 years. She noted that over and over again agencies applying for funds say they are seeing their funds cut. They need funds to function and United Way funding isn't adequate. c. Natural Resources Committee: 1. Steve Crowley: Mr. Crowley said he enjoys working with this group of people and serving the community. He felt the Committee does a lot to help to see that the city's natural resources are well cared for via education, and through participation in the planning process. Mr. Dinklage asked if Mr. Crowley was comfortable with the Committee's relationship with the Planning Commission. Mr. Crowley said he was and noted they work very closely with Ray Belair. He felt the city should begin purchasing land for conservation purposes (flood plains, wetlands, valuable wildlife habitats, water quality, etc.) and felt the community would support this. Mr. Condos said he would like the Committee to review the land the city already does own. Mr. Dinklage noted a map of the recreation path is to be published and felt it would be good to indicate where this path interacts with the pedestrian trails. d. Red Rocks Park Committee: 1. Ethel Schuele: Mrs. Schuele felt this is a very important committee and also that the city was very fortunate to have acquired this park land. She was concerned with the development of Burlington condos as the park is being used as their "backyard." She was also concerned about dirt bike use in the park and noted that a proposed fence never was put up. Mr. Yankowski also noted dogs running loose in the park. Mr. Chittenden asked about providing a place for dirt bikes. Mrs. Schuele noted there is not much good soil in the park for such a use. Mrs. Reiman noted that having people on foot in the park meet up with dirt bikes is also not good. Mrs. Schuele said there is no reason dirt bikers can't use the perimeter roads. She noted the bikes do a lot of damage on dirt paths. Mr. Dinklage noted the bikes are prohibited by ordinance from using all the trails. Both Mrs. Schuele and Mr. Yankowski recommended using court diversion and prisoners to repair roads, walls, etc. These people would need to be directed by someone who knows what he or she is doing. Mr. Yankowski said the park is the city's most precious natural resource. Mr. Condos suggested a prioritized list of needs be made for the park. 2. Larry Kupferman, also applying for the Red Rocks Committee, noted he had been completing someone else's term and would now like a full term of his own. He lives in Queen City Park and is thus a neighbor of the park. He would like to see the city take a stronger stand with Burlington on the development near the park. e. Zoning Board of Adjustment: 1. Fred Blais: Mr. Blais said he has been involved with the Zoning Board since 1968 and will have served 25 years with one more term. Mr. Cimonetti asked how heavy the work load is these days. Mr. Blais felt it was down as the economy is down. He also noted that "use variance" requests are down. He felt the new zoning for Queen City Park was good. Mr. Blais also was applying to serve on the Corrections Center Committee and felt it needed to be looked after by the city. He felt it was good that expansion questions were addressed up front and that it was important the city not be fooled again as it was in the 1970's. Clarice Fisher and Maurice Cloutier were also applying for reappointment to the Corrections Center Committee. Both are neighbors of the Center and are concerned with what goes on in the neighborhood and felt the presence of the Committee has been very effective. f. City Charter Committee: 1. Robert Irish: Mr. Irish has served since 1976 and noted the Committee was not very active this year. He appreciated the opportunity to participate in city government as he has been a lifelong resident of the city. 2. Dale Kleppinger: He has served also since the mid-1970's. He noted the Charter is the basic document of the city and needs to be cared for. He did not see anything that needs changing at this time. c. Howard Taylor: Mr. Taylor has lived in the city for five years. He has time to give the city. He works with the State Tax Department and is thus sensitive to local needs. He had no specific issues he felt needed to be aired. g. Recreation/Bike Path Committee: 1. Robert Rodd: Mr. Rodd is a recreational biker who appreciates safety concerns. He was very encouraged by the opening of the path and by the amount of use it is getting. He is also a city police officer. 2. Neal Graham: Mr. Graham has used the Stowe Path a lot and felt the S. Burlington project was "very enlightened." He wanted to be part of the on-going effort. Other citizens noted the path is getting a great deal of use. 3. Continuation of Public Hearing on Interim Zoning By-Laws for Southeast Quadrant: Mr. Hafter outlined the changes made since the earlier hearing. There is now a procedure so that one developer can't get all the allocation for a year. The year has been divided into two parts. In the first 9 months, a developer can't get more than 20% of a total planned development or 15 units, whichever is greater. In the last 3 months, if there is any allocation not used, the process would start again. There would still be a maximum of 100 new units per year. Permits would be issued by the Zoning Administrator with approval by the City Council. Mr. Cimonetti said he wanted to be sure the Council is meeting the purpose of doing this. Mr. Dinklage said there is a feeling that the new Ordinance may hasten a process that would have taken longer to complete. This proposed Ordinance is in response to a significant body of public opinion that too many homes will be built too quickly. Mr. Cimonetti said the process may require research on what the infrastructure can accommodate. Mr. Dinklage said he would like to see a charge to the Planning Commission to ask them to come back to the Council if so much research is required. Mr. Cimonetti noted a zero growth cap is an alternative. Mr. Condos said he had no intention of restricting already approved development. Mr. Dinklage noted the level of review with respect to city services that existed in the old Ordinance is no longer in the new Ordinance for a medium level of development. Members agreed that on 10 August Mr. Weith come back to the Council with comments from the Planning Commission. Mr. Wessel said he contacted the National Association of Home Builders on this and they said the city has to take an inventory of all its services that could be impacted by development. He felt this would be a lengthy process. Mr. Bolduc said he was amazed at how the city can use infrastructure concerns over quality of life concerns. He said development is not just a matter of what the city can hold. He said the city doesn't have to be built to capacity. He then read from the Southeast Quadrant Committee report in which the Committee recommended a "steady controlled rate of growth." He noted the City has about 10% of the growth of the County which the SEQ Committee felt was good. The growth rate they recommended was 1.45%, the same as in the past 20 years. Mr. Bolduc also noted a survey done by St. Michaels in which 82% of those surveyed felt 4100 homes in the SEQ was too high and 69% favored a limit on growth each year. He also noted a petition for public referendum in which 59% of voters were opposed to 4100 homes. He said that despite this the Council passed the Ordinance. He said the petitioners were very alienated by the action and it will be a long time before these people feel they can trust their elected officials again. Mr. Condos said he supported the Ordinance because he felt it was better than what the city previously had. He also supported the motion to look at growth caps. Mr. Cimonetti then moved the following amendment to paragraph 5 on the last page: after the word "Charter" the following be inserted: "shall be effective upon passage and shall remain in effect for no more than 9 months," and any other recommended changes necessary to effect this sunsetting clause. Mr. Condos seconded. Motion passed 3-1, Mr. Chittenden opposing. Mr. Condos then moved to continue the public hearing and rewarn the amended proposed Interim Zoning Bylaws for 10 August 1992. Mr. Chittenden seconded. Motion passed unanimously. 4. Request from Police Department for Consideration of "Resident Only" Parking on Dubois and Knoll Circle: Mr. Hafter noted "quarry" parking has now moved up the street. He noted the city has received a number of requests for "resident only" parking this year. Chief Searles said the police have been talking with residents in the Neighborhood Watch program and this idea came from them. It is a possible solution to this part of the problem, but the real problem is the behavior of people at the quarry. Mr. Cimonetti asked how the police are doing with enforcement. Chief Searles said some arrests have been made. He said up to 10 cars can be parked on the streets in question. Mr. Cimonetti felt the problem is enforcement and that there is enough law to deal with the problem. He suggested a heavy police presence in the neighborhood. Mr. Chittenden suggested the possibility of one-hour parking limit. Mr. Cimonetti asked for statistics on police activity and also wanted to hear directly from the neighbors. He said he didn't accept the fact that the city couldn't enforce its laws. 5. Presentation of City Center Street Layout and Parking Fund Program: Mr. Weith noted the city had hired Mike Munson and Cathy Ryan to do the preparation of street layout for the City Center to be incorporated into the official city map. Another issue to be dealt with was the possibility of an impact fee for developers who can't meet on-site parking requirements. This fee would be used to supplement city funds for a parking facility. Ms. Ryan reviewed the goals of the project: to create usable developable blocks, to tie the City Center to other areas and make it a part of the city, to create as many 350'x350' blocks as possible to identify wetland restraints and to locate pedestrian corridors. She said that Corporate Way was a "given." She noted that every street will have a very wide sidewalk and also showed the location of the Recreation Path with a link to Hinesburg Rd. Mr. Munson felt the layout was sufficiently accurate to be incorporated into the Official Map. Regarding the parking fund, Mr. Munson said they started with a concept of a dense downtown that did not have acres and acres of parking. At full buildout it is estimated that about 4800 parking spaces would be needed. This would mean 3 to 5 parking structures which would be much too expensive for developers to build. The following strategy was then developed: a. the amount of parking on each block would be restricted b. provisions would be set that limit the amount of site area that can be used for parking. This will allow early development to take place using existing surface parking. At full development, the area could support structured parking. Mr. Munson proposed the following: a. establishment of a parking trust fund b. establishment of a parking impact fee (a developer could choose to contribute land instead of a fee) Mr. Munson said it will be a very difficult process and will require a great deal of monitoring. Mr. Hafter raised the question of a tax incremental district. Mr. Munson said they had talked about that but at $27,000 a shot it would be a very expensive experiment. Mr. Cimonetti asked what 5 stories of parking looks like. Mr. Munson estimated it would be about 50 ft. high. Mr. Weith noted the wetlands issue is critical. He outlined the area on the map and said relocating the stream is very important. If it can't be done, there would have to be major rethinking. Mr. Munson said it is primarily third class wetlands and mitigation is possible. Mr. Dinklage suggested showing a squared off White St. intersection on the official city map. Mr. Condos raised the question of a committee to facilitate development. Mr. Munson said they discussed this and felt something like the Downtown Burlington Committee that oversees the marketplace would be advised. 6. Review Planning Committee Agenda for 7/14 and Zoning Agenda for 7/27: No issues were raised. 7. Minutes of 6/22 and 6/29 Mr. Condos moved the Minutes of 22 and 29 June be approved as written. Mr. Cimonetti seconded. Motion passed unanimously. 8. Other Business: a. Shelburne Rd: Mr. Cimonetti reported that the Governor has appointed a "rail committee" and at the latest meeting there was a discussion of the Shelburne Rd. widening project and the possibility of some rail service during construction. It was noted that traffic figures today indicate 17,700/day at the south end of the project, 25,310 at the line between S. Burlington and Shelburne, and near I-189 30,200. In 1998, it is estimated there will be 19,980 at the south end, 28,350 at the city line, and 33,520 near I-189. The state is putting a lot of effort into traffic mitigation during construction. Using a rail link would involve a lot of planning (links with busses, etc.). Mr. Cimonetti felt another public meeting on the project was called for. Executive Session: Mr. Condos moved the Council adjourn and reconvene in Executive Session to discuss contract negotiations, appointments to Boards and Committees, and possible property acquisition and to resume regular session only to make appointments and/or adjourn. Mr. Cimonetti seconded. Motion passed unanimously. Regular Session: The Council reconvened in regular session. Jim Condos moved the following appointments: Fred Blais to a three (3) year term on the Zoning Board; Frank Mazur to a three (3) year term on CCTA; Steve Crowley, Catherine O'Brien and Patrick O'Brien to three (3) year terms on the Natural Resources Committee; Ethel Shuele, Peter Yankowski, Larry Kupfermann and Gail Wheeler to one (1) year terms on the Red Rocks Committee; Fred Blais, Clarice Fisher, James Gears, Maurice Cloutier, Susan Pritchard, Chuck Hafter to one-yr. terms on the Chittenden Correctional Center Liaison Committee; Robert Irish, Dale Kleppinger, Fred Maher, Paul Farrar and Peter Taylor to one (1) year terms on the Charter Committee; and Robert Rodd and Louis Bresee to three (3) year terms on the Recreation Path Committee, Sue Pritchard and Lenore Budd to two (2) year terms on the Recreation Path Committee and Donald Miner, Neal Graham and Bob Bennett to one (1) year terms on the Recreation Path Committee. Bob Chittenden seconded. The motion passed unanimously. Bill Cimonetti moved adjournment. Jim Condos seconded. The meeting adjourned at 12:00 AM. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.