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HomeMy WebLinkAboutMinutes - City Council - 06/07/1993CITY COUNCIL 7 JUNE 1993 The South Burlington City Council held a regular meeting on Monday, 7 June 1993, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; James Condos, Robert Chittenden, John Dinklage, William Cimonetti Also Present: Charles Hafter, City Manager; Joe Weith, City Planner; Richard Ward, Zoning Administrator; Sonny Audette, Street Dept; Peg Strait, Assistant City Manager; Sandy Greiner, Free Press; Dave Maclaughlin, Stan LaFlamme, Pat Boyden, Mark Thibault, Louis Morin, Gary Farrell, Ann Turnbaugh, Ed & Monica Smith David White, Bill Shearer, Bill Savoie, Tom Heilman, Jim Foley, Lance Llewellyn 1. Presentation of City Planning and Wetlands Projects by Central School Third Graders: Becky Davis explained the project. The proposal is to construct an information mapping sign near the Potash Brook area. There will also be some trail markers. Two third grade classes were involved in the wetlands project. Third grade children then presented their maps of South Burlington as they thought it should be. Council members invited the children and teachers to exhibit the project in City Hall. 2. Comments & Questions from the Audience, not related to Agenda Items: No issues were raised. 3. Discussion of the Status of the South Burlington Sign Ordinance and Concerns of the Business and Residential Community: Mr. Flaherty explained the background and noted the discussion was brought about by a request from Saturn for a second free-standing sign on one lot. The opinion of staff is that this is not necessary. Mr. Flaherty then opened the floor for discussion. Mr. Heilmann, representing Saturn, said that as South Burlington expands, the sign ordinance can be used as a planning tool, but he felt something needs to be done because the one-sign situation doesn't satisfy the diversity of business. He noted there is more diversity on Dorset St. Mr. Cimonetti felt there was a possible compromise that might allow the auto industry, where several vehicle companies may be housed on one lot, some leeway in exchange for elimination of the now grandfathered non-conforming signs. He noted that Saturn has done what the city wants by setting the business back off the road, combining accesses, etc., and they are being penalized for this. Mr. Condos said he still couldn't understand why Saturn couldn't share a sign with Chrysler-Plymouth. Mr. Dinklage said there is a very good reason there are no appeals to the sign ordinance. He said there is no question there are problems and that everyone wants a bigger sign and more signs. The city, however, doesn't want this. He felt there are more creative ways to work within the ordinance. He also didn't think the problem was unique to the auto industry. Mr. Ward noted that he had invited about 30 business people to tonight's meeting, but only 2 came. He also said the new project on Shelburne Rd. (Martin's, K- Mart) also want the same consideration. Mr. Farrell said they need to identify things customers want to find and felt that businesses should have signs commensurate with the size of their business. Mr. White, representing the Pomerleau-Hannaford project on Shelburne Rd., said it isn't just the auto and hospitality businesses that have problems; retail is affected too. He said that signage is a number one issue in their project as the major anchor stores will not be visible from Shelburne Rd. Mr. Condos said he had no problem with a dialog but opposed a complete change in the ordinance. Mr. Dinklage agreed and supported a committee to look at specific details of the existing ordinance. Mr. Flaherty suggested appointing a committee at the next meeting and advertising for participants in the interim. Mr. Shearer noted that land without frontage on a major road is taxed less than land with frontage, and those who have been taxed more will question why they paid more if it was not for the privilege of visibility. 4. Request from DAV #17 to hold a coin drop at the corner of Hinesburg Rd. and Kennedy Drive, 19 June 1993, from 10 a.m. to 2 p.m.: Mr. LaFlamme said they have had success in the past and no problems. This is a major fund-raiser for them. They intend to hold two coin drops this year. Mr. Flaherty noted there had been a lot of complains after the last coin drop held by Crimestoppers. Mr. Hafter said Crime-stoppers didn't follow the rules, and the DAV always has. Mr. Cimonetti said this intersection is barely functional now. There are still no turning lanes. The coin drop slows down traffic. Mr. Dinklage and Mr. Chittenden felt you can't hold the DAV responsible for the problems of Crimestoppers. Mr. Chittenden moved to approve the DAV coin drop as requested. Mr. Dinklage seconded. Motion passed unanimously. Mr. Flaherty suggested a meeting to discuss the whole situation. Mr. Cimonetti asked that the Police by requested to pay particular attention to the intersection during the event. 5. Request for approval of Resolutions and related items necessary for the city to participate in 1993 Series I Vermont Bond Bank Sale of $800,000 in Voter Approved Bonds for Construction of Dorset Street Park: Mr. Condos moved to approve the Resolution and Certificate. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Condos moved to authorize the Chairman to sign the Loan Agreement. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Condos moved to approve the General Obligation Bond. Mr. Dinklage seconded. Motion passed unanimously. Mr. Condos moved to sign the Arbitrage and Use of Proceeds Certificate. Mr. Cimonetti seconded. Motion passed unanimously. Mrs. Poger suggested doing something about getting a name for the park. Members agreed to discuss this at the next meeting. 6. Consideration of Approval of Finance and Maintenance Agreement for design and construction of Phase III of S. Burlington Bicycle/Pedestrian Path: Mr. Hafter explained that the city pays 10% ($60,000). The state has accepted design proposals and will be selecting a consultant. Mr. Cimonetti felt the city shouldn't agree to the 10% of an unknown figure and also needed to avoid paragraph #14 which would make the city liable for the full cost of the work if it backed out before construction. Other members agreed. The City Attorney suggested adding aprovision that if the project comes in at $600,000, the city would pay a penalty if it backed out; if the project came in at more, they could back out without a penalty. Mr. Cimonetti moved the Council approve the finance and maintenance agreement for Design and Construction of Phase III of the South Burlington Bicycle/Pedestrian Path with protection for the city if construction costs are to exceed $600,000. Mr. Dinklage seconded. Motion passed unanimously. 7. Consideration of Agreement Between Oak Creek Investiment and City of South Burlington: Mr. Flaherty noted that in 1987 the city bought 28 acres adjacent to Oak Creek fro $185,000. In addition, the city agreed to attempt to acquire 7.2 acres of prime ag soil and to transfer the development rights on that land to Oak Creek Investments. This would then allow the developer to develop 7.2 acres of prime ag soil. Mr. Llewellyn noted that state policy was then a one-for-one swap, but this has now been changed to a two-for-one swap, so they are now asking for 14.4 acres. Mr. Cimonetti felt that Act 250 should be shown the original agreement with the 7.2 acres. Mr. Stitzel shown the 7.2 acres in question on the plans. This would represent 15 home sites. He then showed the 14.4 acres of park land that would be restricted if the Council agreed to it. Mr. Condos expressed concern with future use of park land as the city continues to build the park. He didn't want to restrict more than was necessary until they are sure what will be required. Mr. Stitzel said they are beyond the date of the original agreement and the city needs to decide what to do. Mr. Cimonetti said the City is obliged to deliver 7.2 acres or $25,000. Mr. Hafter said staff's position is to transfer the 7.2 acres and then see what happens. Further discussion can occur later. Mr. Stitzel said they city needs to be authorized to participate as co-applicant in agreeing to restrict the 7.2 acres. Mr. Cimonetti said he didn't think this had to be done and that the city could just submit a statement saying they are imposing restrictions on the land. Members wanted a chance to review the agreement. Mr. Cimonetti moved to table. Mr. Condos seconded. Motion passed unanimously. 8. Regulation of Truck Traffic on Spear Street: Mr. Cimonetti said there was a question of dump trucks using Spear St. to transfer fill from Dorset St. to Shelburne. The police have said they can't control this. Mr. Cimonetti said the intention was to control such use of the road as it is very rapidly deteriorating. Mr. Audette said he talked with the truckers today and they have agreed to stop using Spear St. Concensus of the Council was to have the City Manager, in conjunction with Mr. Audette and the Police, draft amendments to the Truck Ordinance for Spear St. 9. Discussion of Municipal Bicycle Authority: This discussion was postponed. 10. Council Discussion of Procedure for Making Appointment to Boards & Commissions: More Information on Council Appointments to be Made: Mr. Flaherty noted that last year there was some feeling that all applicants were not treated equally and were asked different questions. He suggested some set questions and then giving the Council the right to ask more question is response to applicants' answers. Mr. Dinklage noted some applicants don't feel comfortable coming before the Council and he didn't want to preclude these people from being appointed. Mr. Cimonetti felt that candidates for the Planning and Zoning boards should be interviewed. Members also favored making some appointments for more than one year. Mr. Hafter will set up a system for this. Mr. Bresee felt an agenda should be set up so people don't have to sit around for four hours. Mr. Cimonetti suggested having the list of applicants brought in and if there are any unfamiliar names, having those people interviewed. 11. Consideration of Designation of Champion to Represent City in Response to Challenge of Mayor Peter Brownell of Burlington in the Queen City Regatta: No members chose to participate. 12. Other Business: Mr. Condos noted some sidewalks don't have handicapped access and would like to see a priority list and goals to accomplish this throughout the city. Mr. Audette said they do this as new construction occurs. He noted that each one of these accesses costs $2,000. Mr. Hafter will look into this. Mr. Cimonetti asked for a report from the Solid Waste District and City Manager on the Transfer Station at the former landfill. He said the city still has a lot of responsibility for what goes on there and wanted to know how it's working. He also wanted to know the schedule for emptying containers and the building plan time- frame. Mr. Hafter noted the hazardous waste rover is at the drop-off center now. Mr. Cimonetti also requested staff to re-look at the Swift St/Dorset St. re-alignment. He felt the real problem now is traffic control and signalization, not re-alignment. Mrs. Poger noted there is a terrible jog in the road from Victoria to Victory and it is very dangerous. Mr. Cimonetti noted the city has been trying to encourage the Vermont Institute of Natural Science to come to S. Burlington. Mr. Chittenden said he didn't think the city had looked at all the options for the building in question. Mr. Hafter announced the short list for legal services: Andres & Johnson; McNeil & Murray; Stitzel and Page. He outlined the procedure for Council review. Mr. Dinklage didn't feel the need for Council interviews. Other members wanted to hear directly from the candidates. 12. Zoning Board Agenda for 14 June and Planning Commission agenda for 8 June: No issues were raised. 13. Minutes of 17 May 1993: Mr. Dinklage noted that in the first paragraph under Comments and Questions on p. 1, he Disagreed with Mr. Chittenden about the question of all cyclists using the bicycle paths. Mr. Dinklage also noted that in the second motion on page 3, the word "actual" should appear before "attorney fees." Mr. Dinklage moved to approve the Minutes of 17 May as amended. Mr. Condos seconded. Motion passed unanimously. Executive Session: Mr. Condos moved the Council adjourn and reconvene in executive session to discuss personnel issues and contract negotiations and to resume regular session only to adjourn. Mr. Cimonetti seconded. Motion passed unanimously. Regular Session The Council returned to regular session. Mr. Chittenden moved adjournment. Mr. Condos seconded. The motion passed unanimously. The meeting adjourned at 10:30 P.M. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.