Loading...
HomeMy WebLinkAboutMinutes - City Council - 04/03/1995CITY COUNCIL 3 April 1995 The South Burlington City Council held a regular meeting on Monday, 3 April 1995, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: William Cimonetti, Chairman; David Maclaughlin, James Condos, Michael Flaherty Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Sonny Audette, Street Dept; Joe Weith, City Planner; Mac Teeson, Gayle Barone, Bill Burgess, Terry Sheahan, Planning Commission; Annie Loup, Peggy Laforce, Dean Zoecklein, Dean Economou, Jimmy Lees, John Dinklage, Mary Anne Murray, Susan Cutler, Charles Scott, Ted Manazir, Steven Incavo, Frank Murray, Ed Boerger, Lance Llewellyn 1. Comments & Questions from the Audience (not related to Agenda items): Ms. Loup spoke regarding the proposed "nude bar" in S. Burlington. She said a lot of people don't want to see this. She said a lot of people have children in school less than a 2 minute walk away and they are often at school till 8 or 9 p.m. for special activities. Mr. Cimonetti said the application for the bar came through the Planning Commission as a nightclub. He said he understood that some of the renovations are not in compliance with the Planning Commission approval, and there is also a question of the number of seats vs. standees. The applicant has been told to return to the Commission for a review of the plan. There will also be a series of inspections. At least one fire inspection has required additional work, so the club is not cleared to open. All inspections must precede an application for a liquor license. It appears the club will submit a request for a liquor license and entertainment permit, possibly at the 4/17 meeting. The actions that the Liquor Control Board can take are constrained by state law. Ms. Laforce asked whether there is any way to deny the permits if they pass all inspections. Mr. Cimonetti said that to the best of his knowledge nudity is not sufficient grounds to deny a liquor/entertainment permit. Mr. Condos encouraged people to come to the Planning Commission meeting tomorrow. Mr. Burgess said the Commission will review only what it is legally entitled to review (traffic, circulation, etc). If the applicant meets all the standards, the Commission has no alternative but to approve the application. 2. Announcements/City Manager's Report: The City Manager reported on the following: a. The first public hearing on the proposed City Charter amendment will be on 10 April at 7:30 p.m. b. There will be a public hearing on phase III of the bike path (federal project) on 20 April at 6 p.m. This is the phase that goes from Farrell Park, outside I- 189, down Spear St. to UVM. c. The Correctional Center Liaison Committee will meet on 26 April at 4 p.m. d. Mr. Hafter said he will attend a forum on 28 April on "Managing Risk in the 90's." e. The Highway Dept. has finished repair of winter plow damage. f. The Public Works Dept. has gotten an early start on some of its projects. g. The new Annual Report is out and copies are available. 3. Approval of Drug Abuse Resistance Education Day Proclamation, 4/20/95: Mr. Cimonetti read the Proclamation. Mr. Condos moved the approval of the Proclamation as read. Mr. Maclaughlin seconded. Mr. Condos noted the city has had a very successful DARE program and continues to have a wonderful group of dedicated officers involved in the program. The motion was passed unanimously. 4. Discussion with Planning Commission regarding Proposed Economou Farms Golf Course: Mr. Cimonetti reviewed the history of the proposed project. He said the Council will take no action at this meeting but will discuss what changes to Zoning Ordinances would be required if the proposed plans are to go through. Mr. Zoecklein then presented the plan. He said it involved 400 acres on both sides of Dorset St. They have been working since 1993 on the golf course concept. A feasibility study was done by the city on economic and environmental issues. The study suggested a preliminary routing. The developer then looked for places to put residential housing involving 238 units, clustered at a 2/acre density. Mr. Economou said they have met with neighbors and have presented a sketch plan to the Planning Commission. They are working to address concerns raised in those meetings. Mr. Cimonetti noted the city has an interest in 2 pieces of the parcel. Mr. Zoecklein showed the potential school site and park site. He noted the balance of the site has some restrictions placed on it and there is also a master plan for roads. Mr. Weith said the Planning Commission has had 2 public meetings and is generally supportive of the plan. The Commission said it would work on the changes needed. Mr. Weith then outlined the changes that would be required to accommodate the plan: In the Comprehensive Plan, there are a school and park site on the ridge. The applicant proposes a number of residential lots in that location. The Comprehensive Plan would have to be amended to allow the homes. Appendix E shows the areas in the Southeast Quadrant which are appropriate for development and those which are to remain as open space. A number of development lots are shown in restricted areas. On the street map, the future Holmes Rd. Extension would have to be relocated. Also a proposed road would interfere with fairways and the City would have to decide how important the road is. There is also a road connecting Swift St. Extension and Old Cross Rd. which would serve the school and park. If the school and park are not to be there, that road would not be needed. In the Zoning Regulations, Sec. 22.40 (Dorset View Protection Zone) shows the plan in variance with the view base line. The developer would relocate the view base line to preserve the views. Also, the clubhouse and maintenance building are suggested in a non-buildable area, and there would have to be an amendment to accommodate this. Mr. Lees said the official map shows a forest next to the proposed school, and with the proposed plan almost all those trees would be cut down. He said this area is a real natural resource and a wildlife habitat. He opposed changing the regulations just to help one developer. He felt that with the golf course children could be exposed to toxic chemicals. Mr. Dinklage said it was the understanding that this golf course plan would result in fewer homes being built than are now permitted. He asked how many would be allowed without the zoning changes. Mr. Weith said at maximum buildout 480 homes would be allowed. Another resident felt the loss of the woods would change South Burlington. He said the park and school were the major reasons he bought his home. He noted that is also a flooding problem and he was concerned with the runoff of chemicals onto his land. Mr. Economou said some of the trees would come down with the proposed plan. He did not know how many. He stressed that there is nothing to preclude them from cutting down the trees without a plan. He felt cutting would be minimal with the golf course. Regarding the chemicals, Mr. Economou said that when the environmental study was done, all such issues were addressed. The plan will not touch the wetlands. The chemical issue can be dealt with so there would be no affect on the neighborhood. Regarding the profit motive, Mr. Economou said he is trying to develop a piece of property that has not been developed for 40 years. He is trying for the best development with the least impact. He noted that the neighbors in Butler Farms and Oak Creek have used his property, but felt that their arguments run thin when they try to keep him from developing the land. Ms. Murray asked how many fewer houses would have to be built to save some of the trees. Mr. Zoecklein said he didn't know yet. The have tried to line buildings up with existing hedgerows, tree lines, etc. The next step will tell more. Ms. Cutler said her main concern is the need for the school. With 250 more homes, there would be no place for the children to attend school. Mr. Manazir of the School Board said they District is looking in that area. He noted all 3 elementary schools are being expanded this year and there should be adequate room until 2005. Mr. Teeson asked what impact it would have on the property if the city chose to acquire it for a school and park. Mr. Zoecklein said trees would have to be cut down for the school and parking lots. Mr. Burgess said the choice being proposed is not what a developer proposes vs. a school and park. If the city says it wants the school site, it has 120 days to buy the land or lose the right to it. Mr. Scott said his initial reaction is that it looks like a nice plan. He was concerned about the school. He wasn't sure what a public golf course would mean and also about relocation of recreation paths. He asked if the School Board considered this and other developments on Dorset St. in its population calculations. Mr. Cimonetti said the school's present projection is based on all known and planned development. Regarding the issue of a public golf course, the present plan is being presented independent of city ownership. Regarding the Rec Paths, Mr. Zoecklein showed the routes being proposed and noted there are other possibilities on the site which are not yet planned. Mr. Dinklage noted that if the land goes only for homes, the owners can cut down all the trees they want. The only way to keep the trees is for the city to own the land. It is very important, he said, for the City Council and Planning Commission to give the developer specific guidelines. He stressed that any preservation of the area won't be free. Dr. Incavo noted that the concept of a buffer zone was raised and supported by the Planning Commission. He asked when this would be addressed. Mr. Cimonetti said there would first be a review of the landowners' plans. If the developer makes an application, he will come in with a specific site plan. There will be consideration as to whether the city would be a participant as owner of the golf course at that time. Mr. Zoecklein said the residents' comments are not falling on deaf ears. If the plan goes to a next step, these comments will be addressed. Mr. Murray asked the acreage shown for the park and school. Mr. Zoecklein said 135 acres would be for park and school and 280 for the golf course. Mr. Teeson said the Commission needs direction from the city as to whether to amend the Comprehensive Plan. This is the issue tonight. Mr. Cimonetti said there will be an answer but not tonight. Mr. Burgess said the Commission wants to know how the Council feels as a matter of policy. The Planning Commission can apply the rules and turn the applicant down. However, if the City feels there is some benefit to the plan, accommodations will be needed so compatible goals can be set. Mr. Flaherty found the plan conceptually very attractive. He liked the recreation and open space. He felt 480 homes would be a hardship on the school and taxpayers. He wanted to look more closely at the layout, buffers, school site, etc. Mr. Maclaughlin said he tentatively found it a favorable design He has had an issue with financing and with the municipal golf course concept. He said his inclination was to try to find a common ground. Mr. Condos agreed conceptually. He felt there was a lot of work to do. He noted the plan allowed for much more open space than would currently be possible. It controls the number of homes and provides recreational opportunities, not only for golf. He felt the neighbors' concerns had to be heard. Mr. Cimonetti said acquisition of lands by the city is admirable but very expensive. The next best thing to owning land may be to participate in its usage (such as via a municipal golf course). He felt the city should continue to assess the changes required to ordinances and would instruct the City Planner to continue to review the plan and inform the Council on specific changes that would be required. Mr. Dinklage advocated the Council to authorize the Planning Commission to engage a third party to work within existing ordinances and consider the best way to develop the land. Regarding the cost of the land, Mr. Murray noted the cost to educate the children of 480 homes would be much more. Mr. Boerger said he was very sensitive to the issue of open land and felt this was a good proposal for that. He felt residents of Swift Estates were delighted with the proposal and particularly like the trails and bike paths. He was very positive toward the idea of a private or municipal golf course. 5. Continuation of Interviews for Appointment to Zoning Board of Authority: The Council interviewed Lance Llewellyn. Mr. Llewellyn said he has a BA and MA in Civil Engineering. He was a founder of the Fitzpatrick-Llewellyn firm which did most of its development work in S. Burlington. He recently decided to sell the business and has taken a position with Johnson Co. which is geared to earth sciences. Mr. Llewellyn said he served on the Southeast Quadrant Committee and on the golf course committee. He is also on the State Board of Engineering. He felt that being on the Zoning Board would enable him to work for the city and that he would have no conflict of interest in doing so. Mr. Condos asked Mr. Llewellyn's feeling about "use variances." Mr. Llewellyn felt a zone had to be flexible. He was not sympathetic with a developer who buys property and then wants the city to change the zone because it doesn't fit his needs. Mr. Maclaughlin asked if Mr. Llewellyn has any conflict of interest with regard to the golf course proposal. Mr. Llewellyn said he wasn't sure as he had represented a developer who is an abutter. There could be instances where he would have a conflict and would then step aside. 6. Consideration of Approval of City Meeting Warning and Resolution Regarding the Bartlett Bay Wastewater Treatment Facility Expansion: Mr. Flaherty moved the Council sign the Resolution and Annual Meeting Warning as presented. Mr. Maclaughlin seconded. Motion passed unanimously. 7. Discussion of Policy Regarding Public Availability of Grand List Data on Electronic Medium: Mr. Hafter said the city needs to know if the Council wants to sell the Grand List, indicating values, etc. It is a very complex issue. Mr. Cimonetti asked for information on the laws regarding this issue. He suggested bringing it to a future agenda with more information. The issue will get even more complex, Mr. Cimonetti noted, if the state goes to a primary with party designation. 8. Consideration of Request for Waiver of Building Permit Charges from South Burlington School District: Mr. Flaherty moved to waive the building permit charges for the South Burlington School District for projects currently being proposed. Mr. Maclaughlin seconded. Motion passed unanimously. 9. Acceptance of Arbor Rd. and Larch Rd. as public streets: Mr. Condos moved to accept Arbor Rd. and Larch Rd. as public streets. Mr. Flaherty seconded. Motion passed unanimously. 10. Review Planning Commission Agenda for 4 April 1995: Mr. Condos expressed concern with traffic in Item #3. Mr. Audette noted that the Pines development is not proposing to tie into Sherry Rd. at this time. He would like to have that tie made so Sherry Rd. residents can have a loop to go north. Mr. Hafter will discuss this with the City Planner. 11. Review Minutes of 6 March and 20 March 1995: Mr. Flaherty moved to approve the Minutes of 6 and 20 March as written. Mr. Maclaughlin seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement Orders were signed. 13. Consideration of Proposed Coin Drop: Mr. Hafter presented a request from Odyssey of the Mind at the Middle School for a coin drop to help fund their participation in the national competition. There will be no children in the roads. The event is scheduled for 15 April. Since insurance information hasn't been presented, Mr. Hafter asked that approval be contingent on that information's receipt. Mr. Flaherty moved to approve the Coin Drop for Odyssey of the Mind on 15 April contingent on receipt of insurance information. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Hafter suggested a review at the end of the season (September) to see if coin drops are really in the city's best interest. Members agreed. 14. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Flaherty seconded. Motion passed unanimously. Mr. Hafter presented the following liquor license renewals for consideration: Cactus Pete's, Franny O's, Jake's, Chittenden Cider Mill, Cork and Board (Deli & Restaurant), Dolan's Variety Store, Ground Round Restaurant, Howard Johnson's, Interstate Shell, Klinger's Bread Company, Lilydale, Inc, Martin's Foods (2 locations), Pacific Gas Station, Pepper's Memphis Barbeque, Perry's Fish House, Pizza Putt, Inc, Price Chopper #117, Ramada Inn, Red Lobster Inn, Rotisserie, Beem Inc, Sheraton Inn, Short Stop (3 locations) Tokyo, Inc, Windjammer Restaurant. Mr. Condos moved to approve the liquor license renewals for the above locations as presented. Mr. Flaherty seconded. Motion passed unanimously. Executive Session: Mr. Flaherty moved the Board adjourn and reconvene as City Council in Executive Session to consider appointments to Boards and Commissions, contract negotiations, and pending litigation and to resume regular session only for the purpose of making appointments and/or adjourning. Mr. Condos seconded. Motion passed unanimously. Regular Session: The Council returned to Regular Session. Mike Flaherty moved the appointment of Lance Llewellyn to the Zoning Board to fill the unexpired term of Steve Kramer and Mary Ann Murray to the Zoning Board to fill the unexpired term of George Chamberland. Dave MacLaughlin seconded. The motion passed unanimously. Mike Flaherty moved adjournment. Dave MacLaughlin seconded. The motion passed unanimously. The meeting adjourned at 11:00 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.