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HomeMy WebLinkAboutMinutes - City Council - 07/15/1996CITY COUNCIL 15 July 1996 The South Burlington City Council held a meeting on Monday, 15 July 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; Sonny Audette, Street Dept; Gayle Barone, Planning Commission; Lance Llewellyn, Mary Anne Murray, Zoning Board; Carl Carlson, Tom Moreau, Lynda J. Kingsbury-Ring John Dinklage, Ralph & Cheryl Guillette, Susan Deacon, Bill Foley, Mark Boucher, Dan O'Rourke, Randall Kay, Charles Shea SPECIAL MEETING: Council members joined Fire Chief Wallace Possich and members of the South Burlington Fire Department at Fire Station #1 for the dedication of the new Fire Pumpers. REGULAR MEETING: 1. Comments & Questions from the Audience (not related to Agenda Items): No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter reported the following: a. A committee looking into the consolidation of emergency dispatch services will meet on 16 July. Mr. Hafter said he is trying to come up with a funding formula. b. The MPO will meet on 17 July at 3 p.m. at the Regional Planning Offices. c. The Water Commission will meet on 31 July. On the agenda will be a discussion of integrating the Water Dept. with the City. d. National Night Out will be held on 6 August at Dorset Park. People are encouraged to walk to the Park for family events and fireworks show. e. Mr. Hafter will be on vacation from 27 July to 3 August. 3. Presentation of Chittenden Solid Waste District 1996-7 Budget: Mr. Moreau and Ms. Kingsbury-Ring addressed the Council. Mr. Moreau said the District is going through a consolidation process. There is a lot of privatization happening which will ultimately be good but which makes it hard to prepare a budget. Mr. Moreau noted that the tipping fee consists of 2 parts, the cost to dispose and a management fee. They recently went back and looked at the fees. The tipping fee was stable from 1992 until this September. It is now $60/ton. The District is not making money on this; it is just a pass-through situation. The management fee has remained at the same rate and is being used to subsidize the bio-solids. The District went to the Legislature last year. There will be a session starting this week on the role of public and private groups in the area of solid waste. Last year's total budget was $12,800,000. This year's budget will be $8,800,000. Mr. Moreau reviewed some budget specifics. The Randolph site was then considered. The town of Randolph is voting on whether to build another cell. The transportation contract has been renegotiated with Casella at a pretty reasonable rate. Mr. Cimonetti said he was very interested in the issue of sludge disposal and asked what can be expected to happen. Mr. Morrow said that as the budget is written, the plant will be closed all year. There was a mediation session last week which was not very successful. The next step is arbitration. Mr. Morrow said they will continue to try to negotiate and do not want to abandon it. He added that his advice would be to go out on an RFP and see if anyone wants to buy into the plant. Mr. Cimonetti asked if the District's right to "tax" on tonnage, even if it doesn't handle it, has ever been challenged. Mr. Moreau said it hasn't. The Legislature clearly anticipated such "taxing" would be done, and if the money has been used for the right thing, there hasn't been a challenge. Mr. Cimonetti said he didn't think there was any incentive to privatize as long as that money can be collected. Mr. Condos said the federal government mandated liability for solid waste disposal. The state mandated responsibility. He felt the District is moving toward as much privatization as possible, keeping in mind the debt retirement. Mr. Moreau noted the debt is in tax free bonds and there are penalties for early retirement. There are also problems with trying to privatize. Mr. Condos said the increase in tipping fees will mean about $1.35 a month increase to the average homeowner. Mr. Cimonetti said the Solid Waste District budget will be on the 5 August agenda for further discussion. The Council needs to act by August 17 or failure to act will be construed as approval. 4. Discusstion about Road between Dorset St. and Spear Street: Mr. Cimonetti said that for many years the city had the right to have land deeded to it to build a road connecting Dorset & Spear Streets near Old Cross Rd. and Deerfield Drive. The road that exists today is private and sits on the site where the city has the right to build a public road. In the approvals for the golf course project, the route of that road has been recognized and there are improvements which have to be made to the first 300 ft. of the road as part of the project. The first part of the other end of the road has been built for the Pinnacle at Spear project. The question has been raised as to whether the city would accept its responsibility for that road on a piece by piece basis. Mr. Cimonetti said he felt the city should take title to all it intends to have and accept the responsibility for maintenance on what has been built. Mr. Shea gave the council a copy of the original offer of dedication, He showed the route of the road. He said that since the developer won't be constructing the road all the way through for 7 or 8 years, he was concerned about what would happen to the rest of the road. He asked that it be treated as a Class 3 road. Mr. Hafter said he spoke with the City Attorney who advised that the city does not have the option to accept part of a dedication but must accept all of the road. Mr. Audette noted that the city doesn't have to maintain a Class 4 right-of-way. Mr. Cimonetti said he is suggesting the city maintain it as a Class 3 road. Mr. Shea said that in Gilbert v. Brookfield, there was a similar situation and the ruling was it had to be a Class 3 road. Mr. Chittenden asked if the city takes the road, would it be obligated to upgrade it to city standards. Mr. Cimonetti said it would not. Mr. Sheahan said the Planning Commission would obligate the developer to do that. Mr. Austin said he would be interested in having the City Attorney's opinion on available options. Mr. Condos said he would support a Class 3 road all the way as long as the City Attorney says that would not cause a problem. Other members agreed. 5. Interview Applicants for Appointment to Planning Commission and Zoning Board of Authority: a. Planning Commission: The Council interviewed incumbent Gayle Barone and new applicants John Dinklage, Randall Kay, Daniel O'Rourke, and Mark Boucher. Ms. Barone thanked the Council for having appointed her. She said she had learned a lot in her first term on the Commission. She is a fourth generation South Burlingtonian who loves the city and wants the best for it. She cited some recent accomplishments of the Commission including the passing of the Technology Park and the beginnings of the City Center. Mr. O'Rourke said he is an attorney who has lived in the city for 3 years. He believes in serving in the community and would like to be part of the planning process. Mr. Boucher said he has lived in the city for one year and chose this city because of what it offers families. He felt his business experience could be beneficial to the Commission. Mr. Sheahan asked what applicants would like to see happen with large open tracts of land in the city. Mr. Boucher said he would ultimately like to see high tech research and development but also thought light manufacturing would be good. He said he wouldn't back away from this ideal but wouldn't run away from light, clean industry. Mr. Dinklage said he served briefly on the Planning Commission and for several years on the Zoning Board. He has experience with the MPO and Regional Planning. He felt a major concern for the Planning Commission will be the Hinesburg Rd. Interchange and access to the commercial area near it. He felt having this in place would give the city an edge over other communities in attracting business to the area. He also felt that working with the School Board on a future school site was important. Mr. Kay said he is now serving on the city's Reappraisal Committee. He felt that from a time commitment point of view, he might prefer to serve on the Zoning Board. He felt he had helped improve the quality of the Economou project. He also felt the Hinesburg Rd. access was very important. Ms. Barone felt the city equal growth for residential and commercial was important. Mr. Chittenden asked if applicants felt the Southeast Quadrant was properly zoned and what applicants felt about the influence of other communities regarding properties that border them. Ms. Barone noted that other communities don't consider South Burlington, citing the Shunpike/Marshall Ave. roads dumping traffic into South Burlington. She felt the city should listen to the concerns of other communities but not let them decide what South Burlington does. Mr. O'Rourke said he wasn't sure of all the zoning in the Quadrant but thought the city has always kept a good balance between residential and industrial land. He said he would like to see some preservation of open space and didn't want to see the Southeast Quadrant become another Williston Rd. Mr. Boucher felt the city had to work with other towns on a cooperative basis. He felt the general direction in the Southeast Quadrant was good and also wants to preserve some open space. Mr. Dinklage was very pleased with the Comprehensive Plan. He felt the Planning Commission and Zoning Board dealt with real life situations and could make needed changes. He believes in regional planning but not in other communities having a veto power. Mr. Sheahan asked if applicants felt the Southeast Quadrant should be open to other industries. Mr. Dinklage supported current zoning but felt the city had to be vigilant in case something comes out of "left field" that the ordinance doesn't anticipate. Mr. Cimonetti noted there are 3 terms to be filled, a 3 year, 4 year and half of a 4 year term. He thanked the applicants for their interest in serving the city. b. Zoning Board: The Council interviewed incumbents Lance Llewellyn and Mary Anne Murray and applicant William Foley. Mr. Llewellyn and Ms. Murray both said one needs to work in the system for a while to really be comfortable. Both believe continuity is important. Mr. Foley said he has lived in the city for 17 years and is very impressed with the zoning board. He has seen the city grow both in good ways and bad. He felt the city is at a critical juncture now as far as open space. Mr. Austin asked if applicants had any recommendations as to how the Zoning Board can be improved. Ms. Murray felt there has to be a better system between the Zoning Board and Planning Commission, especially regarding "gray areas." Mr. Foley said he would like to see the Zoning Administrator sit with new members and go over the laws and more interesting cases. Mr. Austin asked if applicants favored occasional meeting with the Council and Planning Commission. Applicants said they did. Mr. Llewellyn and Ms. Murray also felt a more formal education process would be helpful. Mr. Condos asked how applicants felt about the more residential part of Williston Rd. Mr. Llewellyn felt that because that area is backed up by other residential areas he favored keeping it residential, but he felt it was a logical area for growth. Ms. Murray felt that Williston Rd. can only take so much. She felt in-home offices were OK but wouldn't compromise the residential area or do anything that would negatively impact on traffic. She said she wouldn't want a McDonalds there. Mr. Foley felt that whatever happens it should occur by open discussion not by 2 or 3 people deciding. Mr. Condos said he would ask whoever is appointed to visit a site before voting on it. He also noted that "use variances" are illegal and are, in fact, spot zoning. He felt that variances should be long-term decisions, not short term. Mr. Sheahan asked if regulations need to be changed so there aren't so many variances. Mr. Llewellyn said that in the beginning he was opposed to variances but became convinced the Board had to interpret rather than have a strict view of what the law said. Ms. Murray said most variances are for individual home owners. Mr. Sheahan asked if she felt variances should be given even if they don't meet the 5 criteria. Ms. Murray said if you don't allow people to improve their property, neighborhoods will deteriorate. Mr. Foley suggested analyzing variances given over the last few years to see where problems are. Mr. Chittenden asked if applicants would encourage cottage industries and home occupations. Mr. Llewellyn said that is "spot zoning" and is illegal. Ms. Murray said she had no problem with home occupations as long as they didn't involve traffic issues. Mr. Foley said that as the economy is going, there will be more and more of it. He felt it was OK as long as it didn't change the character of a neighborhood. Mr. Cimonetti felt the impact on a neighborhood was a very critical issue for the Zoning Board. This was especially brought home with the Club Fantasy issue. 6. Consideration of Approval of Entertainment Permit for National Night Out Celebration, 8/6/96, Dorset Park and South Burlington High School; Fireworks, Games, Food Concessions, D.J., etc: Mr. Condos moved to approve the entertainment permit for National Night Out as presented. Mr. Austin seconded. Motion passed unanimously. Mr. Condos then moved to approve the National Night Out Proclamation. Mr. Austin seconded. Motion passed unanimously. 6. Public Hearing: Amendment to South Burlington Motor and Traffic Regulations; Establishment of No Parking Zone at the Northern End of Airport Drive; second reading: Mr. Guillette asked if the proposed Ordinance will be enforced. Mr. Cimonetti said all Ordinances are enforced. Mr. Carlson said on holidays there is a problem with people parking there for days. It is very dangerous. He proposed a "tow away zone" sign in addition to "no parking" signs. Mr. Cimonetti noted receipt of a petition from neighbors supporting the proposed amendment. Mr. Chittenden moved to approve the proposed Amendment to the Motor and Traffic Regulations. Mr. Condos seconded. Motion passed unanimously. 7. Consideration of Approval of Capital Equipment Refunding Note and Resolution of Third Installment on Scott Air Packs for Fire Dept: Mr. Cimonetti said the note is for $20,118 at 4.45% interest. Mr. Condos moved to sign the Capital Equipment Refunding Note and Resolution as presented. Mr. Austin seconded. Motion passed unanimously. 8. Review Planning Commission Agenda for 16 July: No issues were raised. 9. Review Minutes of 17 June and 1 July 1996: Mr. Sheahan moved to approve the Minutes of 17 June as written. Mr. Condos seconded. Motion passed 4-0 with Mr. Austin abstaining. Mr. Austin moved to approve the Minutes of 1 July 1996 as written. Mr. Sheahan seconded. Motion passed 4-0 with Mr. Chittenden abstaining. 10. Sign disbursement orders: Disbursement orders were signed. 11. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Sheahan seconded. Motion passed unanimously. Mr. Hafter presented a First Class Liquor License request from Super 8 Motel, the former Redwood. He said everything is in order. Mr. Austin moved to approve the First Class Liquor License request of Super 8 Motel as presented. Mr. Condos seconded. Motion passed 4-0. Executive Session: Mr. Condos moved the Board adjourn and reconvene as City Council in Executive Session to discuss appointments to Boards and Commissions and to resume regular session only to make such appointments and/or adjourn. Mr. Sheahan seconded. Motion passed. Regular Session: City Council returned to regular session. Bob Chittenden moved the following appointments to the Planning Commission: John Dinklage - Unexpired two (2) year term Gayle Barone - three (3) year term Dan O'Rourke - four (4) year term David Austin seconded. The motion passed unanimously. Bob Chittenden moved the following appointments to the Zoning Board of Adjustment: Randall Kay - unexpired two (2) year portion of four (4) year term Lance Llewellyn - three (3) year term Mary Anne Murray - three (3) year term David Austin seconded. The motion passed unanimously. Bob Chittenden moved adjournment. Jim Condos seconded. The motion passed unanimously. The meeting adjournment at 11:00 PM. Respectfully submitted: Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.