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HomeMy WebLinkAboutMinutes - City Council - 12/02/1996CITY COUNCIL 2 DECEMBER 1996 The South Burlington City Council held a meeting on Monday, 2 December 1996, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, David Austin, Terry Sheahan, Robert Chittenden Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Joe Weith, City Planner; Sonny Audette, Street Dept; Nile Duppstadt, Jim Girard 1. Comments & Questions from the Audience (not related to Agenda Items): No issues were raised. 2. Liquor Control Board: Members agreed to meet first as Liquor Control Board as there were representatives present for the applicant. Mr. Chittenden did not participate in the action of the Liquor Control Board. a. Approval of First Class Liquor License Application for Friendly Ice Cream Corporation of Vermont (dba Friendly's Restaurant) at Dorset Street: Mr. Girard said beer and wine will be served with meals only. There will be no bar. The area which previously served as a bar will be converted to a function room. Beer and wine will not be served in the hotel, only in the licensed building. Mr. Hafter said the application is in order. Mr. Condos moved to approve the First Class Liquor License for Friendly Ice Cream Corporation of Vermont (dba Friendly's Restaurant) as presented. Mr. Austin seconded. Motion passed 4-0. 3. Announcements & City Manager's Report: Mr. Hafter asked Mr. Audette for an update on road work. Mr. Audette said everything is finished except Country Club Estates which will be finished in the spring. If the weather had held off that could have been completed in the fall. There was very little damage from high water flows although part of Williston Rd. had to be shut down because of high waters. This probably was the result of a culvert under what used to be Vermont Heat & Ventillating which is too small. Van Sicklen Rd. also had to be shut down most of the day. Mr. Chittenden asked when the Van Sicklen Rd. bridge will be done. Mr. Audette said that's a state project, and he didn't know. The lights at Patchen Rd. are working well now. Mr. Sheahan noted the neckdowns in East Woods still aren't marked. Mr. Hafter said markings are in and will be installed. Mr. Hafter noted that work on the lights near the Mall has made a big improvement. He also noted that the Dorset St. Express is now running with 80 riders this past Friday, 82 on Saturday. It runs from Cherry St. to UMall. Mr. Hafter advised of the following upcoming meetings: a. Personnel Grievance meeting Monday, 12/9 at 6:00 p.m. b. City Council Meeting 12/16 at 7:30 c. Steering Committee 12/19 at 7:30 p.m. d. City Council Meeting 1/6/97 at 7:30 e. City Council Retreat 1/8/97 at 5:30 p.m. Mr. Hafter noted he had gotten a lot of calls regarding the DUI conviction for a driver in a car in a driveway. People asked if the city would now plow driveways since they were considered "highways." Mr. Hafter read from the law which states that a driveway is a "highway" only for DUI purposes. 4. Public Hearing on Amendment to Impact Fee Ordinance; second reading Mr. Weith explained the amendment, noting that some of the changes have to do with changes in start dates for some road work. These resulted in changes in the credit tables and slight changes in fees. There are also some changes to correct errors which did not take into account the difference between the city's assessment and fair market value. Another change adds Corporate Way/Hinesburg Rd. to the list of projects. This will not result in an increase in fees. Two projects have been added to the list: Phase III of the Rec Path and the short path from Williston Rd. to Barber Terrace. These will not result in an increase in fees. Mr. Sheahan moved to waive formal reading of the amendments. Mr. Austin seconded. Motion passed unanimously. Mr. Sheahan noted that in the description of the Phase III rec path the word "east" should be changed to "west." Mr. Duppstadt suggested restudying school impact fees so they can be based on the number of bedrooms. Mr. Judge commended the city for following the law and addressing specific projects. Mr. Austin moved to close the public hearing. Mr. Sheahan seconded. Motion passed. Mr. Austin moved to adopt the amendments as presented. Mr. Sheahan seconded. Motion passed unanimously. 5. Discussion with Peter Judge, Judge Development Corporation on the Future of Planned Extension of Mary Street: Mr. Hafter explained that Mr. Judge has requested access to Mary Street from 100 Dorset St. This will require approval by the Planning Commission. He is reserving land for a public street, but he is concerned that he cannot use that street and would like to work with the city on this issue. The connection is essential for the City Center grid. Mary Street is zoned residential, and use of it would have an impact on the residents. It may be appropriate to chance the zoning. Mr. Judge said it is a question of timing. This will be a commercial area in the future. He felt that in fairness the city owed some direction to this problem. He stressed that he would like to get some use of the street and had hoped to be able to access it this fall with the opening of Barnes & Noble. Mr. Sheahan felt it is critical for the city to maintain this right-of-way and should go forward from there. He felt it would be ill-advised for the city to give up the land. Mr. Hafter said the question is whether the city wants to acquire it now. Mr. Austin felt the Mary Street residents should be involved in the discussion. Mr. Audette noted that approval of Corporate Way with Munson was Congregate Housing definition is added for projects like The Pines. g. Congregate Housing is added as a conditional use in zones where nursing homes are allowed as a conditional use (R4, R7, QCP, C2, CD3, IC). Mr. Condos felt there should be a stipulation to keep congregate housing from becoming regular apartment houses (because of the parking and traffic impacts). Mr. Weith noted that the Official Map will also be changed to revise the configuration of the proposed Hinesburg Rd/I-89 interchange. A system of collector streets will also be added in conjunction with this. Old Farm Road will be dead-ended, and a connector road from Old Farm Rd. to Hayes Avenue will be constructed. Mr. Condos asked whether Regional Planning/MPO has looked at this. He noted that he saw a Williston Planning Commission meeting on Channel 17, and they are concerned with this. He suggested Mr. Weith start a dialogue with Dave Spitz. Mr. Weith said he sent a copy of the proposal to Williston and Regional Planning and has had no response. Mr. Austin moved to approve the First Reading of the zoning amendments as presented and to set the Public Hearing for 6 January. Mr. Condos seconded. Motion passed unanimously. 6. Discussion of Social Services Budget Allocation and Role of Social Responsibility Committee: Mr. Hafter reviewed the history of the Committee. He noted there are more requests than ever this year. He felt the committee had done a fine job. Mr. Cimonetti felt that whoever is making recommendations should be given clear guidance. Mr. Chittenden said he had concerns with the committee, but they had done better in the last 3 years. Mr. Condos stressed that this is a volunteer committee and that has to be respected. Mr. Hafter will come back with an allocation proposal. 7. Review Minutes of 11/18/96 Mr. Sheahan moved to approve the Minutes of 18 November as presented. Mr. Austin seconded. Motion passed 4-0 with Mr. Cimonetti abstaining. with the condition that Mary St. be a dead end street with no through traffic. The people on Mary Street were vary adamant. Mr. Weith noted that a zoning change would also require a change in the Comprehensive Plan, including 2 public hearings. Mr. Condos felt that if Mary St. is looked at, Midas Road should also be considered in order to get that as part of the grid. Mr. Cimonetti asked when the Planning Commission could get to considering a zoning change. Mr. Weith said probably in January. The consensus of the Council was that the issue should be studied and that it wanted to hear from Mary St. residents. The Council asked that it be put on a Planning Commission agenda as soon as possible. 5. First Reading of Proposed Amendments to the Zoning Regulations and Official Map; Schedule Public Hearing: Mr. Weith reviewed the proposed amendments: a. Height of Structures: Section 25.113: Residential limits would remain at 45 ft. Non-residential limits in the C-I Districts could go to any height based on certain criteria. b. CO Zone Boundaries: Section 3.10 and 3.50: Mr. Weith reviewed present standards. This amendment will add an exhibit to interpret regulations. There will be a waiver provision for an applicant who can show adequate screening. c. Permitted Uses, Central District: Section 14.101(a) and (d): Larger stores will be allowed if they are more than one story high. d. Setbacks in Central District: The amendment provides for flexibility with some surface parking up near the road. e. Official Zoning Map - 700 Airport Parkway: The zone will be changed from IC to Airport, at the request of the property owner. f. Definitions Added: 8. Review Planning Commission Agenda for 3 December and Zoning Board Agenda for 9 December: No issues were raised. 9. Sign Disbursement Orders: Disbursement Orders were signed. 10. Refinancing Note: Mr. Hafter presented the note for the second year for the Plow and Dump Body at 4.4%. Funds are in the Budget. Mr. Condos moved to approve the refinancing note as presented. Mr. Austin seconded. Motion passed. Executive Session: Mr. Condos moved the Council adjourn and reconvene in Executive Session to discuss litigation issues. Messrs. Robert Fletcher and Timothy Eustace of Stitzel and Page and Police Chief Graham will attend the session. The only business to be done upon resuming regular session will be to adjourn. Mr. Austin seconded. Motion passed unanimously. Regular Session: Council returned to regular session. Bob Chittenden moved adjournment. David Austin seconded. The motion passed unanimously. The meeting adjourned at 9:50 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.