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HomeMy WebLinkAboutMinutes - City Council - 12/19/1994CITY COUNCIL 19 December 1994 The South Burlington City Council held a regular meeting on Monday, 19 December 1994, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: William Cimonetti, Chair; Robert Chittenden, David Maclaughlin, James Condos, Michael Flaherty Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Albert Audette, Street Dept; Donald Whitten, Water Pollution Control Dept; Lee Graham, Gary Margolis, Police Dept; Wallace Possich, Fire Dept; Carla White, Frank Mazur, George Mona, Hank Lambert, Deborah Palmer, Dwight Palmer, Gary Santy, John Booth 2. Comments & Questions from the Audience (not related to agenda items): No issues were raised. 2. Announcements and City Manager's Report: a) Mr. Condos drew members' attention to the Solid Waste District report on its various facilities. The report is available to the public. Mr. Condos also noted the District is advertising for a new General Manager and that Mr. Hafter is on the search committee. b) Mr. Condos commended Chief Possich for the publication of "The Command Post." c. Mr. Maclaughlin complimented Mr. Whitten and Mr. Hafter on the discussion with neighbors at the Sewage Treatment Plant. d. Mr. Cimonetti said he attended the light rail committee meeting. The committee is seeking comment on the proposed routing of the line from communities. It will be a warned item on the 9 January agenda. Mr. Cimonetti suggested the City Planner lead the discussion as he is on the Technical Advisory Committee. e. Mr. Cimonetti also noted the Commuter Rail Study Committee will meet at S. Burlington City Hall on Wednesday at 7 p.m. This meeting will be preceded at 4 p.m. by a meeting of the Vermont Rail Council. f. Mr. Hafter noted the next City Council meeting will be 9 January 1995. g. Mr. Hafter advised that Bob Gardner will be leaving CWD to take a position in Nantucket. h. Mr. Hafter noted the City Council retreat will be held on Monday, 16 January, from 5:30 to 9 p.m. The Legislative breakfast will be on 6 February and again on 6 March. i. There will be a new "Volunteer Shovel" program this winter coordinated between the High School and Recreation Dept. 3. Interview for Appointments to Boards and Commissions: The Council interviewed Hank Lambert for reappointment to the Social Responsibility Committee. Mr. Lambert felt they are more of an allocations committee. He felt that to be "reponsible," they would need to know more about needs in the community. He felt this should be done. Mr. Maclaughlin asked if Mr. Lambert was comfortable with level funding. Mr. Lambert felt for this year he would be but noted this might not be true in another year. The Council then interviewed Carla White for appointment to the Natural Resources Committee. Ms. White felt her background would be helpful in protecting areas that need protecting. She has a BS and MS in geology and currently works with the Vermont Dept. of Health as a Radiation Chemist. 4. Consideration of Proposed Charter and Zoning Amendments from the South Burlington Economic Development Committee: Mr. Mona said the Committee had a good discussion with Harry Behney and his group and got two proposals from them. The first would be to have a fact sheet about South Burlington to be inserted in the GBIC letter. The second would be to get the city's message out in the Chamber of Commerce Newsletter. The Committee has three proposals to make. The first is with regard to building heights. The second would involve a Charter change, and the third are minor "housekeeping" changes. He said the Chairman of the Planning Commission had no problem with the proposed changes. Mr. Cimonetti noted that a Charter change would have to be approved by the Legislature and the voters. The proposed Charter change would have the increased value of a property approved for development not be reflected until a building permit is issued. This would apply to industrial development only. Mr. Condos asked if the increased value for taxes would be for the whole parcel or only the part to be developed under the particular building permit. Mr. Mona said it would be exactly what is happening now, which is an increased value for the whole site. Mr. Flaherty moved to send the recommendation to the City Charter Committee for their consideration. Mr. Condos seconded. Motion passed unanimously. The housekeeping amendments would be as follows: Sect. 15.25 would allow private power generating stations in addition to public. Sect. 18.10 would make it clear that industrial uses are allowed in the Industrial & Open Space District. Section 25.107 would add sidewalks as an allowable use in front yard setbacks. Section 25.113 would have the same height limitations but would permit higher structures as a conditional use rather than requiring a variance. Mr. Flaherty moved to send the proposed Zoning amendments to the Planning Commission for their review. Mr. Condos seconded. Motion passed unanimously. 5. First Reading of Proposed Ordinance Amendments to Sign Ordinance Regarding Perpendicular Wall Signs and the Allowable Number of Wall Signs; Consideration of Scheduling a Public Hearing and Second Reading of Same: Mr. Hafter explained that a lot with 2 structures with 2 uses would be allowed the following: a) if the lot does not have a free-standing sign, each structure can have wall signs in accordance with regulations; b) if the lot has a free standing sign which identifies the two uses, each use shall be entitled to 2 wall signs in accordance with regulations; c) if the lot has a free standing sign that advertises only 1 of the uses: 1) the structure with the use identified in the sign shall be entitled to a free standing sign, 2) the structure not identified in the free-standing sign shall be entitled to: i. no more than 3 wall signs with a total area not exceeding 10% of the signable wall area of the structure. No wall sign shall exceed 1/3 of the total allowable sign area and not more than 1 wall sign shall be placed on any side of the structure. ii. as an alternative: one projecting sign placed on the structure which extends no more than 6 ft. from the building, no more than 20 sq. ft. and is a minimum of 8 ft. above the finished grade of the site below the sign. Mr. Condos suggested that 8 ft. that overlaps into the right of way may be too low considering plows, etc. He also suggested language that if a sign had to be moved, it not be at city expense. Mr. Cimonetti said the Council had to decide whether a sign can extend into the right of way. Mr. Chittenden moved that in Sect. ii a sign would be allowed to go into the public right of way. Mr. Maclaughlin seconded. The motion passed 3-2, with Messrs. Condos and MacLaughlin opposing. Mr. Condos then moved that the ordinance be amended so that in Section ii it reads "...10 feet about the finished grade" and further that staff be directed to review this. Mr. Flaherty seconded. Motion passed 4-1 with Mr. Chittenden opposing. Mr. Chittenden then moved to warn the proposed amendments as amended for public hearing on 6 February. Mr. Flaherty seconded. Motion passed unanimously. 6. First Reading of Emergency Management Ordinance of the City of South Burlington, Consideration of Scheduling of Public Hearing and Second Reading of Same: Ms. Strait said this Ordinance is required by Title 20, and a hazardous materials plan was required by the Legislature at the last session. The Ordinance enables the City Council to require a plan, can give departments authorization to do what they have to do, and defines roles of authority. Mr. Audette felt the plan should note that the City Manager is the operating head of the emergency plan. Mr. Hafter said the role of the City Manager is defined in the plan. It was suggested the plan go back to the City Manager and City Attorney for reworking. 7. Update of Exit 13 Study: Mr. Santy said the purpose of the project would be to provide an I=89 northbound access at Kennedy Dr/Dorset St. He noted the area to work in is very tight. They have considered both a 20 mph and 30 mph alternative. The latter would require more right of way. Mr. Cimonetti asked if there would have to be any change to what exists on Dorset St. now. Mr. Santy said there would not. The cost of the 30 mph design would be $700,000 plus right of way and construction engineering. The 20 mph design would cost $550,000-$665,000 plus right of way and construction engineering. Mr. Santy said there are other issues involved: the access would bring a lot of traffic into the area, and the Kennedy Dr/Dorset St. intersection would be heavily used requiring upgrading. Mr. Hafter noted that the study shows a lot of traffic would be relieved at Dorset St/Williston Rd. It was stressed that a study would have to be done before any additional access is allowed to I-89. Mr. Cimonetti stressed that the Kennedy Dr. access to I-89 has been the highest priority for five years, and he didn't want to see it abandoned until there had been a full airing of the study. He said he couldn't accept the reasoning that you don't build a road because it will be used. It was noted that there are 2 other South Burlington projects in the MPO: Kennedy Drive and Williston Rd. widening. Mr. Cimonetti said he didn't want Regional Planning to say this project shouldn't be done because FHWA won't fund it. He felt Regional Planning should get the FHWA to fund it. Regional Planning representatives said FHWA has said they won't fund it until they know the impact on all other accesses to the Interstate. It was noted that Winooski wants improvements to Exit 15. Mr. Cimonetti said he would like a discussion at the MPO as to where this project stands as a priority. He also wants a written report on the alleged traffic impacts. He said the public deserves to be told if someone feels this is not a good idea. 8. Use of Sodium Hypochlorite and Sodium Bisulfate to Replace Chlorine and Sulfur Dioxide at City Wastewater Treatment Plant: Mr. Whitten said that because of new laws regarding chamicals, there has to be an emergency evacuation plan for up to a 5 mile radius. This is a very costly plan to develop. If the plan switches to safer chemicals, such a plan won't be needed as the danger won't exist. Mr. Whitten proposed to take money from the equipment replacement fund. He showed members how the new equipment would fit in the current plants. He felt it makes sense to do both plants at the same time. The city's employees could do most of the work. Mr. Whitten felt the work could be done for $25,000. He said the new chemicals would do exactly the same work but would cost more. Mr. Condos moved that since the Council is charged with public safety, the proposed plans for changes in chemicals at the Wastewater treatment plants go forward so that, chlorine and sulfur dioxide are replaced by sodium hypochloride and sodium bisulfite. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Whitten noted that $3700 was saved on alum this year because of competitive bidding. He felt this can be done with the new chemicals. He estimated the new chemicals can be on line in March. 9. Determination of Five Most Pressing Needs and the Five Most Pressing Needs of the Region for Regional Planning Commission: Mr. Hafter said last year's 5 needs were all in transportation. He felt that the Exit 13 work should be specified on the list. Members agreed. Mr. Cimonetti suggested adding property tax relief. Members agreed to present 6 needs with this addition. 10. Resignation of Frank Mazur as Member of Transit Technical Committee of the MPO: Mr. Flaherty moved to accept the resignation of Frank Mazur from the Transit Technical Committee and to direct the City Manager to send a letter of appreciation for services rendered. Mr. Chittenden seconded. Motion passed unanimously. 11. Memo from Planning Commission on Certificates of Occupancy/Compliance: This item was noted for members' information. 12. Review Planning Commission Agenda for 20 December: Mr. Condos noted parking concerns for item #6. Mr. Maclaughlin asked what permits would be needed for item #4. Mr. Cimonetti said the approvals existing for the park would have to be amended for this specific use. 13. Review Minutes of 21 November: Mr. Condos moved to approve the Minutes of 21 November as written. Mr. Flaherty seconded. Motion passed unanimously. 14. Sign Disbursement Orders. Disbursement Orders were signed. Executive Session: Mr. Chittenden moved the Council adjourn and reconvene in Executive Session to discuss appointments to Boards and Committees and to resume regular session only to make such appointments and/or adjourn. Mr. Flaherty seconded. Motion passed unanimously. Regular Session: The City Council returned to regular session. Bob Chittenden moved the appointment of Carla White to a three (3) year term on the Natural Resource Committee and Hank Lambert to a one (1) year appointment on the Social Responsibility Committee. David MacLaughlin seconded the motion. The motion passed unanimously. David MacLaughlin moved adjournment. Mike Flaherty seconded. The motion passed unanimously. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.