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HomeMy WebLinkAboutMinutes - City Council - 03/20/1995CITY COUNCIL 20 March 1995 The South Burlington City Council held a regular meeting on Monday, 20 March 1995, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: William Cimonetti, Chairman; Robert Chittenden, 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; Don Whitten, Water Pollution Control Dept; David White, Ernie Pomerleau, Joan Britt, Mary Anne Murray, Dwight Palmer 1. Comments & Questions from the Audience (not related to Agenda items): No issues were raised. 2. Announcements/City Manager's Report: Mr. Flaherty advised that the Agency of Transportation will be holding an informational hearing on the South Burlington Recreation Path on 20 April, at 7 p.m. Mr. Hafter announced the following upcoming meetings: a) the Light Rail Steering Committee, 21 March, 1:00 p.m., at Regional Planning Commission office b) Water Commission, 21 March, 5 p.m. c) Economic Development Committee, 22 March, 4 p.m. d) Public Hearing on the 1995-6 budget, 6 April, 7:30 p.m. Mr. Hafter then reported on the following: a) The annual report is out. It will not be mailed this year, but copies can be picked up at City Hall, the schools, libraries etc. b) The City Planner has asked to schedule a joint meeting with the Council to discuss the proposed Economou development (golf course). Members agreed to put it on the 3 April agenda. Mr. Condos suggested inviting the School Board to attend as well. c) The Dorset Street Park grand opening has been tentatively scheduled for 13 May with a parade, "dog walk", clowns, a Little League baseball game, and a brief dedication ceremony at noon. d) Mr. Hafter has been asked to serve on a committee to explore funding sources other than property taxes for transportation in the country. d) The bid package for the last work on Dorset St. will go out next week with work expected to be done in late June. 3. Interviews for appointment to the Zoning Board of Authority: Mr. Cimonetti noted there are two vacancies. There is one applicant who couldn't be present. The Council may make one of the appointments tonight but will not fill both vacancies until it has interviewed the remaining applicant. The Council then interviewed Joan Britt and Mary Anne Murray. Ms. Britt said her professional background is in real estate and she has worked for developers, investment companies, etc. She feels very strongly about the caliber of the South Burlington community and about keeping a residential and commercial balance. She has lived in S. Burlington for 2 years. She would look forward to upholding the zoning criteria. Ms. Murray would like to see respect for anyone who comes before any board in the city. She has lived in S. Burlington for 17 years. Both candidates indicated some indirect experience in zoning matters, and both said they would be comfortable with the constraints of the 5 criteria. Mr. Condos asked about the issue of "use variances" which, he noted should not be issued. Ms. Britt felt all criteria have to be looked at but felt there should not be spot zoning. Ms. Murray agreed but would consider unique contingencies before making a decision. 4. Public Hearing on Amendments to the Subdivision Regulations, Second Reading of Same: Mr. Cimonetti advised that the Planning Commission has considered the memo from Mr. Duppstadt requesting further relaxing of the standards for streets and has determined that for reasons of safety and public services the current standards not be changed. Mr. Weith then summarized the changes, noting that it has been almost 20 years since there was a comprehensive review. There are not many changes, but some were necessary to conform to state statutes. Article I: added a definition of "lot" similar to that in the Zoning Ordinance. There is also a new definition of "subdivision." Article II: minor changes, mainly clarifying information required by the Planning Commission for consideration of a subdivision plan Article III: no significant changes Article IV: changes in the public/private street policy and a change in the regulations regarding extension of a public sewer line. In the latter instance, an off-site property owner is now required to reimburse a developer for hooking onto a sewer/water line. This is not legal and has been removed. The section on recreation fees has also been deleted due to the impact fee ordinance. Articles V and VI: no significant changes. Appendix A: minor changes Mr. Weith noted a request from Messrs. Szymanski and Audette to increase the pavement width around a cul de sac from 18 ft to 24 ft. He recommended this be done tonight. Mr. Condos moved to close the public hearing, waive reading of the proposed Subdivision Regulations, and approve the second reading of same with the additional amendment to increase the width around a cul de sac from 18 to 24 feet. Mr. Flaherty seconded, and the motion was passed unanimously. 5. Consideration of Amendment to Impact Fee Ordinance; Schedule Public Hearing: Mr. Hafter said he confirmed with the City Attorney that impact fees are legal and that the proposed amendments are also legal. The amendment would extend the grandfathering period to 5 years from issuance of a building permit. This is only for projects approved before the impact fee ordinance was passed. Mr. Pomerleau said they would prefer 10 years. Mr. Flaherty moved to set a public hearing for 17 April and include changes extending the grandfathering period from three to five years from the obtaining of the first building permit. Mr. Condos seconded. Mr. Chittenden suggested an appeal process. Members continued discussion on the length of the grandfathering period. Mr. Maclaughlin then moved to amend the motion to increase the grandfathering period from 5 to 10 years from 1/9/95 or the obtaining of the first building permit. Mr. Chittenden seconded. The motion to amend was defeated 2-3 with Messrs. Condos, Flaherty and Cimonetti opposing. Mr. Maclaughlin then moved to amend the motion to increase the grandfathering period from 5 to 10 years from 1/9/95. Mr. Condos seconded. Motion to amend passed unanimously. In the vote that followed the amended motion passed unanimously. 6. Appointment of Town Service Officer: Mr. Cimonetti noted that Tom Chittenden now holds this position and would accept reappointment. Members felt that in the spirit of interviewing all applicants for appointments, the Council should interview Mr. Chittenden. 7. Consideration of Ballot Item to Accept Revolving Loan Fund for Expansion of Bartlett Bay Wastewater Treatment Plant: Mr. Cimonetti said he wants to have the language on the ballot item absolute clear, and the City Attorney is still in discussion with the Secy. of State on acceptable language. He asked for a concensus from the Council that they want this ballot item. Members said they do and also want the language absolutely clear. Mr. Whitten then briefly showed the proposed expansion plans. 8. Consideration of Approval of Capital Equipment Note and Capital Equipment Borrowing Resolution for Truck and Plow: Mr. Audette noted the total cost is $51,381 though the note is for only $50,000. Mr. Condos moved to approve the Note, Resolution and non-Arbitrage Certificate as presented. Mr. Chittenden seconded. The motion passed unanimously. 9. Review Planning Commission Agenda for 21 March 1995: No issues were raised. 10. Review City Council Minutes of 13 February 1995: Mr. Flaherty moved to approve the Minutes of 13 February as written. Mr. Condos seconded. Motion passed unanimously. 11. Sign Disbursement Orders: Disbursement Orders were signed. 12. Liquor Control Board: Mr. Chittenden 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, noting they have passed all other approvals: Mr. Chittenden moved to approve the liquor license renewals as presented. Mr. Flaherty seconded. Motion passed unanimously. Mr. Maclaughlin expressed concern over the rumored nature of entertainment at a new nightclub on Williston Rd. This will be looked into. Executive Session: Mr. Flaherty moved the Board adjourn and reconvene as City Council in Executive Session to discuss, appointments to Boards and Commission and litigation matters and to resume regular session only to make appointments and/or adjourn. Mr. Maclaughlin seconded. Motion passed unanimously. Regular Session: The Council reconvened in regular session. Mr. Chittenden moved the appointment of Marcel Beaudin to an unexpired term on the Planning Commission ending in June, 1997. Jim Condos seconded. The motion passed unanimously. Mr. Flaherty moved adjournment. Mr. Chittenden seconded. The motion passed unanimously. The meeting adjourned at 10:30 PM Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.