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HomeMy WebLinkAboutMinutes - City Council - 06/01/1992CITY COUNCIL 1 JUNE 1992 The South Burlington City Council held a regular meeting on Monday 1 June 1992, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; John Dinklage, Robert Chittenden, James Condos, William Cimonetti Also Present: Charles Hafter, City Manager; Ruth Poger, The Other Paper; Peg Strait, Asst. City Manager; Joe Weith, City Planner; Brian Searles, Lee Graham, Police Dept.; Albert Audette, Street Dept; Steven Stitzel, City Attorney, Michael Sheridan, Channel 17; Margaret Picard, City Clerk/Treasurer; Dick Ward, Zoning Administrator; Bruce O'Neill, Recreation Dept; Mark Crow, Mike Coniff, Jim Haire, Bill & Diane Wessel, Chaistine Andreson, Dean Zoecklein, Dean Economou, David Barra, Michele Auclair, Melanie Griffiths, Joseph Cronin, Peter Collins, Eric Flegenheimer, Leonard Duffy, William Ritucci, Frank Kochman, Elizabeth & William Gilbert, Patty Ross, Dick Underwood, Gerry Milot, Gordon Jarvis, John Jaeger, Harry Yawney, Charles Scott 1. Comments & Questions from the Public (not related to Agenda Items): No issues were raised. 2. Continuation of Public Hearing on Proposed Amendments to the South Burlington Zoning & Subdivision Regulations, Southeast Quadrant; Consideration of Adoption of Same: Mr. Flaherty outlined the options open to the Council: a) turn down the proposed amendments, in which case the area would return to the old zoning (with the exception of the area east of Dorset St. which would still be under interim zoning); b) pass the proposed amendments; c) amend the proposed zoning which would require Planning Commission review and another public hearing process (during that process the area would be under the old zoning again). Mr. Dinklage said he supported approving the proposed zoning as he felt it was very important to enact the overlays for scenic view protection and protection of natural areas. He acknowledged that very important issues have been raised, namely what citizens want the city to look like in 20 years, but he felt there was no clear concensus on this. He felt the proposed ordinance was a step in the right direction. He also felt that some new ideas that had surfaced deserved study and review (open space management, mixed densities, etc.), and this would take time. Mr. Condos felt it was unfortunate that the wording on the ballot item put before the voters revealed nothing. He felt if it was the intent of the Council to approve the proposed zoning, there should be lengthy discussion of a growth target that could, in some way, provide control over the rate of growth. Mr. Flaherty agreed with Messrs. Dinklage and Condos. He said that no matter what zoning is proposed, there will be those who agree with it and those who disagree. He said the proposal does meet many goals. He felt there should be growth targets per year based on the ability of the city to provide services. Mr. Cimonetti said he favored voting tonight. He felt the process had been conducted according to statute with substantial public input. He didn't want to treat growth rate caps lightly and didn't want to throw an unfair advantage to the first developer "out of the box." He suggested that the Council could pass the zoning and then enact interim zoning to allow for discussion on growth targets, but he stressed he didn't want to see interim zoning last 2 or 3 years. Mr. Dinklage then moved that the Council approve the proposed amendments to the Zoning and Subdivision Regulations, Southeast Quadrant that have been sent to the City Council after approval by the Planning Commission. Mr. Condos seconded. The motion passed 4-1 with Mr. Chittenden voting against. Mr. Dinklage then moved to set a date for a public hearing for the purpose of enacting Interim Zoning in the Southeast Quadrant for the purpose of amending the Zoning Ordinance to include targets for rate of growth. Mr. Condos seconded. The City Attorney advised that a 15-day warning and one public hearing are required. Mr. Coniff said he was confused. The Council just passed a Zoning Ordinance and within 30 seconds are enacting interim zoning. He asked what that would accomplish. Mr. Cimonetti said that under interim zoning the Council would have to give final approval to any development plans submitted for the area under interim zoning instead of the appointed Planning Commission. Mr. Coniff then asked about other concerns raised by the community, specifically noting a survey done by St. Michael's College in which citizens overwhelmingly opposed growth in the magnitude now passed. He said he felt the Council did not have a firm hold on what the people of the community want. Mr. Dinklage responded that development in the city has been held up for a long period of time and that landowners have a right to a zoning ordinance they can work with. He felt the Ordinance just passed addresses issues of concern and noted that reasonable people can disagree. Mr. Milot noted that last Tuesday the Planning Commission refused to hear his plans for an area that has been in interim zoning. The plans conform to both the old and newly passed ordinances. He wanted to know if they would now be heard by the Commission if the area is back in interim zoning. He felt a lot of posturing is being done behind closed doors. He specifically asked if his plans would be heard by the Planning Commission or City Council. Mr. Cimonetti said that under interim zoning they would be heard by the City Council. Mr. Milot noted the plans had been submitted prior to interim zoning and it is their contention that they are thus grandfathered. He added that he felt there are already growth caps built into the zoning regulations that address the ability of the city to provide services. Mr. Milot asked for confirmation as to whether his previously submitted plans would be subject to the action being taken on interim zoning. Mr. Flaherty said he didn't have the answer to that tonight. Dr. Ratkus said that he owns land on Spear St. in a view corridor. Mr. Weith explained that a structure and landscaping can be put within a 100' by 100' building envelope. The spaces between the building envelopes are to be kept open. Dr. Ratkus said there are 500 trees on the his lot line and he didn't feel they came within the view corridor zoning because the trees are already there. Mr. Dinklage asked if this is new or different testimony from what was given when the view protection zone was enacted, noting there had been discussion on the grandfathered trees at that time. Dr. Ratkus said there was no new testimony. Mr. Flaherty suggested Dr. Ratkus meet with Mr. Weith and if he decides there is new evidence, he can bring it to the Commission and then to the Council. In the vote that followed, the motion was passed unanimously. The Council then set 6 July 1992 for the public hearing on the proposed interim zoning. 3. Second Public Hearing on Proposed Amendments to the South Burlington 1991 Comprehensive Plan, Southeast Quadrant and Future Land Use: Mr. Dinklage moved to adopt the proposed amendments as presented. Mr. Condos seconded. Motion passed 4-1, Mr. Chittenden opposing. 4. Discussion of Zoning Regulations within Central District: Mr. Ward said as he interprets the statutes, buildings that are within 25 feet of the existing and new right-of-way are nonconforming and thus can't be altered at all, even to the extent of changing the location or type of a door. The issue came about with an application from the Net Result for use of the Alco building. The development was approved by the Planning Commission, but the applicant now wants to make door changes which, according to the Zoning Administrator's interpretation, are not permitted. The major non-conforming issue is setback. Mr. Ward noted there are 8 other buildings in the immediate area that will also fall into this category if they ever come in for development/alterations. Mr. Cimonetti asked if the setbacks in this area are different from anywhere else on Dorset St. Mr. Weith said they are as the CD-1 area has zero setbacks. Mr. Cimonetti asked why this was done. Mr. Ward said that with the 50 ft. setback and the building envelope concept, there can be a corridor between the two streets for parking, etc. Mr. Dinklage then provided some background on this as he had served on the City Center Committee which developed the Master Plan for the area. He said the concept was to have a major pedestrian promenade down the middle of this block. He said it was the specific intent of the Committee that the 25% alteration concept that applies elsewhere in the city NOT apply here so that in time the existing buildings could be brought into conformance with what is intended and planned for this area. He said it was the clear intent of the City Center Master Plan and Ordinance that the fronts of these buildings disappear over time. He said he felt the Zoning Administrator's decision was correct. Peter Collins, representing the Net Result, noted the building is now owned by Vermont Federal Bank via foreclosure. He said he was aware of the history, but he would be surprised if everyone on the committee had been informed as to how literal implementation of the plan would affect the street. He said there are 10 buildings in this strip of land ranging in value from $250,000. He felt the city could bring the uses into line, encouraging retail, office use, and residential use, but that owners of the buildings had to be given incentives to upgrade their buildings. He said the Net Result is willing to put money into making this a good building usage. Mr. Dinklage emphasized that it was the very clear understanding of the City Center Committee that this area was being planned as a clear slate. Incentives are built in terms of mixed use, heights, setbacks, etc., to replace the existing buildings with conforming buildings, He also noted plans for an access road. Mr. Weith said that is no longer in the plans. Mr. Collins said he felt the Ordinance should be amended to give owners the right to the 25% rule as in other parts of the city. He noted that the proposed development meets all other criteria except for the proposed changes to the doors. Mr. Duffy, architect for the proposed project, showed the plans, nothing it had originally been the developer's intent to put a new facade on the building, but they had backed away from this because of the regulations. They then agreed to keep all the exits where they now are but want to replace 2 overhead doors with regular doors. They would also like a door in back where there is now a window. Mr. Duffy noted they had researched the City Center history and found there were 2 development schemes one showing the public mall/street and one similar to that with only a 10-foot setback. There was no indication which was the preferred plan. He said the 50-foot setbacks would require lopping off the fronts of 8 buildings. Mr. Dinklage again said it was the intention that those buildings not remain in the long term in their current form. Mr. Cimonetti said he had a problem that the City enacted an Ordinance that is deliberating taking value from these buildings. He said he would support the process that would amend the Ordinance. A representative of Vermont Federal Bank said they would like to see the building sold. Gordon Jarvis, owner of another of the buildings in question, said his building is practically vacant. He can't rent it because he can't make changes to the building. But taxes go on just the same. Interest and principal payments go on. He said there will be more foreclosures unless there is some leniency on this. There will also be a lot of non-conforming uses that go one and on. He felt the overall vision was great, but there has to be some reality considered. Mr. Yeager of S. Burlington Realty said he shared the city's vision and goals but you have to deal with market-driven realities. He favored discretionary power if the direction someone wants to go will really upgrade property and provide uses the city wants. It was noted that the applicant is appealing the Zoning Administrator's decision to the Zoning Board. Mr. Dinklage felt this could lead to "zoning by variance" and he didn't feel this should be done without a full discussion of the issues. Mr. Cimonetti agreed and felt staff should be directed to initiate discussion on changes to the Ordinance. Eric Flegenheimer, owner of the Net Result, said they want to move into this building and make it a nice building. He stressed this is a local South Burlington business which has been a good member of the community.: Mr. Cimonetti moved to direct staff and the Planning Commission to proceed with a study of Central District zoning with specific consideration of Section 1.80: Change to Non-conforming Structures and Section 1.6022: Setbacks. Mr. Dinklage seconded. Motion passed unanimously. 5. Liquor Control Board: Mr. Chittenden moved the Council adjourn and reconvene as Liquor Control Board. Mr. Dinklage seconded. Motion passed unanimously. a. Request from Bambino's for relief from condition #4: Noise Control (required erection of fence) of Liquor License Approval: Mr. Brown, representing Bambino's, said Mr. Farrell hadn't been consulted about the fence when the conditions were drawn up because he had been in the hospital. On May 21, Mr. Farrell's lawyer, indicated the fence would not be allowed as Mr. Farrell felt it would diminish the value of the property. Mr. Dinklage asked if Mr. Brown was able to offer any plan to get the fence erected as required by the conditions. Mr. Brown said there were not. He said the fence wouldn't have any noise reduction value but would keep people off Hadley Rd. and also keep headlights from hitting the homes. He said their security people can keep people off Hadley Rd. Mr. Dinklage asked the City Attorney how to initiate action to suspend the liquor license for non-compliance. Mr. Stitzel said statute requires the holder of the license to be given written notice of charges, so a motion should direct the City Manager to send such a letter. Then a public hearing should be set. The Council can enact a suspension of the license; revocation requires state notification. Mr. Stitzel said the applicant can appeal the action in court. Mr. Dinklage then moved to direct the City Manager to issue a notice of suspension hearing to be held on 15 June 1992 to Bambinos for failure to comply with Section 4, Paragraph 3 of the Conditions of Liquor License Approval issued on 5/18/92 by the South Burlington Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. b. Request for Entertainment Permit from Bambino's for Bikini Contest to be held every Tuesday evening from 9 p.m. to 1 a.m. beginning 2 June until 8 September 1992: Mr. Chittenden moved the Board approve the request for an entertainment permit for Bambino's for a Bikini Contest to be held every Tuesday from 9 p.m. to 1 a.m. beginning 2 June 1992 through 8 September 1992. There was no second to this motion. c. Continued request for Entertainment Permit from Bambino's for Rock Bands every Wednesday evening from 9 p.m to 1 a.m and every Thursday evening a request for Country Bands from 9 a.m to 1 a.m beginning 2 June through 8 September: Mr. Kochman said the noise situation is a lot better, but he can still hear it. Mr. Brown noted there had been no complaints on Thursday. Officer Graham said there have been no complaints since the last City Council meeting. It was noted that the country bands have been approved through the month of June. Mr. Dinklage moved the Board deny the request for Rock Bands on Wednesday evenings until issues surrounding, the liquor license are cleared up. Mr. Cimonetti seconded. Mr. Chittenden said if there are no police concerns, why not let them go on with business. Mr. Kochman said there is a direct connection between the absence of a fence and the problems of noise, headlights hitting homes, and trash in the field. The more people that are at Bambino's, the more car lights and activity in the parking lot and the more chance of people walking into the fields. He stressed that he has no desire to punish or to put Bambino's out of business, but that residents have a right to peace and quiet. In the vote that followed the motion to deny the request passed 4-1 with Mr. Chittenden opposing. d. Request for Catering Permit from Wetherbees for an anniversary party at K of C Hall, 20 June, from 6 p.m to 12:30 a.m.: Mr. Cimonetti moved the Catering Permit for Wetherbee's be approved as presented. Mr. Condos seconded. Motion passed unanimously. e. Information item: Mr. Hafter directed members' attention to a response received on the tobacco license enforcement question. Mr. Condos moved the Board adjourn and reconvene as City Council. Mr. Dinklage seconded. Motion passed unanimously. 6. Consideration of Approval of Capital Equipment Refunding Note for Road Sweeper: Mr. Hafter said the rate of interest is 4.6%. Mr. Dinklage moved to approve the capital equipment note for the road sweeper as presented. Mr. Condos seconded. Motion passed 4-0. 7. Consideration of Approval of Resolution and Certificate, Arbitrage and Use of Proceeds Certificate, Land Agreement and bond for Vermont Bond Bank Sale, July, 1992: Mr. Hafter said they will be selling $700,000 in bonds. Mr. Condos moved to approve the Resolution and Certificate as presented. Mr. Dinklage seconded. Motion passed unanimously. Mr. Cimonetti asked how the amount was decided upon. Mr. Hafter said he stayed within the budget presented to the voters and made an educated guess. He noted that short term borrowing remains favorable. Mr. Dinklage moved to authorize the Chairman to sign documents. Mr. Condos seconded. Motion passed unanimously. Mr. Dinklage moved to authorize the signing of the bond. Mr. Condos seconded. Motion passed unanimously. Mr. Dinklage moved to authorize the signing of the Section 148 Certificate. Mr. Chittenden seconded. Motion passed unanimously. 8. Consideration of Council Approval for City Grant Application to Land and Water Conservation Fund (LWCF) for construction of outdoor lighting on tennis courts at Brand Farm Park: Mr. O'Neill noted this work is not covered in the recently passed bond vote. They are trying to get a grant for 75% of the cost which is estimated to be $60,000. The city's share would thus be $15,000. The figures were prepared by the engineering firm doing the Act 250 proposals. Mr. Condos moved to authorize the City Council Chairman to sign the application for LWCF grant for outdoor lighting on the tennis courts at Brand Farm Park. Mr. Dinklage seconded. Motion passed unanimously. Mr. Cimonetti raised the question of a name for the park and suggested a contest be held. Mr. O'Neill suggested letting in the schools participate. 10. Consideration of Approval of Tax Rate to Support 1992-3 budget and special assessment tax rates for 1992-3: Mr. Hafter noted the Grand List had come in lower than projected, but he recommended leaving the tax rate as announced and looking for cuts in the budget. Mr. Cimonetti moved to approve a tax rate for the city operating budget, city debt service and other entities of .773. Mr. Condos seconded. Motion passed Mr. Dinklage moved to set a tax rate of .287 for the special assessment district of Swift Estates and Ethan Allen Farm Industrial Park. Mr. Chittenden seconded. Motion passed unanimously. Mr. Dinklage moved to set a tax rate of .296 for the Dorset Street special assessment. Mr. Condos seconded. Motion passed unanimously. 11. Scheduling of Steering Committee Meeting: Members agreed to meet on Monday, 8 June 1992, in the Middle School Library at 7:30 p.m. Chief Searles said the purpose of the meeting is to bring the best and most recent information to the public on the events of last week surrounding the drug investigation and ensuing tragedy. He also noted there have already been discussion with students and faculty. 12. Accept resignation of Ann Pugh from Planning Commission: Mr. Chittenden moved to accept the resignation of Ann Pugh from the Planning Commission. Mr. Dinklage seconded. Motion passed unanimously. Members asked the City manager to prepare a letter of appreciation to Ms. Pugh for her years of service. 13. Review Zoning Board Agenda for 8 June and Planning Commission Agenda for 9 June: Mr. Dinklage noted Item #2 on the Zoning Agenda involves a "mother-in-law" apartment. The City Attorney read the state regulation and noted that a detached garage is not protected under this regulation. He also noted the garage in question exceeds space limitations. Mr. Dinklage asked if violations can be enforced. Mr. Ward said he doubted it as it would involve constant checking. He noted such an apartment helps property to sell and also helps people keep their homes. Mrs. Poger noted the older generation is living much longer now and these apartments help people remain somewhat independent. Mr. Dinklage also addressed items #3 and #4. He said this is a very tough issue and involves development potential of buildings that may remain permanently in an area where the city hopes to change the face of the street. He said he felt this issue should be decided by the Council not by the Zoning Board. Mr. Chittenden felt it was common sense to support the application. Mr. Cimonetti said he would hate to have the Zoning Board say the City Council had directed a Zoning Ordinance change so the Council doesn't have to deal with the issue. He also questioned whether a Zoning Board decision would prejudice a Zoning Ordinance change. He said he would ask that the Board address the request on the merits of the issue. 14. Sign Disbursement Orders: Disbursement Orders were signed. 15. Review Minutes for 4 May 1992: Mr. Condos moved the Minutes of 4 May be approved as written. Mr. Dinklage seconded. Motion passed unanimously. 16. Executive Session: Mr. Condos moved the Council adjourn and reconvene in Executive Session to discuss a personnel issue and contract negotiations and to resume regular session only for the purpose of adjournment. Mr. Dinklage seconded. Motion passed unanimously. 17. Regular Session: The Council returned to regular session. Mr. Chittenden moved adjournment. Mr. Condos seconded. The motion passed unanimously. The meeting adjourned at 12:00 midnight. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.