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HomeMy WebLinkAboutMinutes - City Council - 07/07/1997CITY COUNCIL 7 JULY 1997 The South Burlington City Council held a regular meeting on Monday, 7 July 1997, at 7:30 p.m. in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, David Austin, Terrence Sheahan, Joan Britt Also Present: Charles Hafter, City Manager; Peg Strait, Assistant City Manager; Lee Graham, Police Chief; Bruce O'Neill, Recreation Dept; Albert Audette, Street Department; Joe Weith, City Planner; Mark Crow, Marcel Beaudin, Planning Commission; Anna Johnston, The Other Paper; Pat & Robert Nowak, George Holcomb, Randy Gaulin, Diane Loso, Andy Wallace, Jim & Kelly Snyder, Bob Chittenden 1. Comments & Questions from the Audience (not related to Agenda items): a. Mr. Holcomb said he had heard nothing was going to be done about the Meadow Rd. sidewalk this year because there is no available money. Mr. Hafter reviewed the history of the project. He said he had heard from some neighbors who oppose the sidewalk and has asked them to speak with Mr. Holcomb. He acknowledged there is no money in the budget this year but indicated that it may be possible to do the Meadow Rd. project instead of one that is funded. Mr. Audette estimated the cost of the Meadow Rd. sidewalk at $15-20,000. He felt the earliest it could be done would be in the fall. Mr. Holcomb felt an alternative to a sidewalk might be to make Meadow Rd. one way going north. Mr. Cimonetti said the city is never anxious to create one-way streets. He said the city will work out details with the neighborhood to be sure there is consensus on what residents want. b. Mr. Condos said he has gotten calls from residents regarding the painting of double yellow lines on dead end streets. Mr. Audette said they have begun doing that in the past few years as a safety measure to slow traffic down. He felt that people will go slower in a 10-foot lane than down the middle of a street. Mr. Condos said that people now seem to think it's a through street and start down and have to turn around. There is also parking on both sides of the street which makes it necessary to drive down the middle anyway. Ms. Johnston said people associate double yellow lines with major roads and think they can go faster. c. Mr. Condos also felt that lane markings should go in earlier in the year on streets like Kennedy Drive. He felt the city might have to bite the bullet and pay for markings twice in a year. d. Mr. Condos asked if the Water Dept. is supposed to return a property to its former state after they repair water line damages. He noted problems near the Ground Round. Mr. Audette said this will be done. The Water Dept. erred and is aware of the situation. e. Dennis Johnston thanked Mr. Audette and his department for work to address the dust situation on Poor Farm Road. 2. Announcements and City Manager's Report: a. Mr. Cimonetti noted an MPO meeting on 16 July, at 3 p.m., in Shelburne. b. Mr. Hafter announced the following: 1. Steering Committee meeting, 7 August, 7:30 p.m. to focus on property tax reform and its impact on the city. 2. Chittenden Bank grand opening, 10 July, 5:30 - 7 p.m. 3. Resurfacing of Shelburne Rd. Will begin on 14 July in Burlington and on 23 July in South Burlington. Paving will be done 11 August. The project completion is estimated for mid-October. Four lanes will be maintained throughout the work, but there will be no center turn lane. A public relations person will work with businesses to address issues. There will be night work in S. Burlington. 4. Addressing for the new E-911 system is complete and NYNEX will be providing the new phone data base. An ordinance will be prepared for the next Council meeting. The Post Office will advise residents of new addresses and effective dates. 5. The Bond Bank held a sale of bonds for the new Fire Department Tower Truck. The city got the best rate in many years, 4.59% for 10 years. 6. The Police Department's cruiser design has been selected as a winner by Law & Order. 3. Presentation of Citation to Mr. Andrew Wallace, Recreation Department Employee: Chief Graham read the citation honoring Mr. Wallace for his actions on 28 June 1997 which helped the Police Department apprehend 3 persons who had committed a crime. 4. Consideration of Appointments to Boards & Commissions; interviews with candidates for Planning Commission and Zoning Board of Adjustment: a. The Council interviewed Mark Crow, Marcel Beaudin and Randy Gaulin for appointment to the Planning Commission: Mr. Cimonetti asked the applicants why they wished to serve on the Commission. Mr. Beaudin said he finds the work very satisfying. He did his graduate work in urban planning and was Chair of the Shelburne Planning Commission as well as serving on many advisory committees. Mr. Crow said that overall he has enjoyed the experience and enjoys being involved in the community. Mr. Gaulin said he has been a lifelong resident of the city and would like to be part of its growth. He has been managing hotels and is excited to see City Center plans. Mr. Britt asked what candidates feel the biggest challenge would be if they were appointed. Mr. Gaulin said he felt development around the Mall and Corporate Way. He was concerned with traffic, congestion, etc. He felt a good plan could go a long way. Mr. Crow agreed that the City Center continues to need a lot of attention. He cited the tension between what the Commission would like to see and what property owners say can realistically happen. He felt the point has been reached where something needs to happen: does the city stick to the plan or compromise. He suggested it might be time for the city to investigate other mechanisms for making the City Center happen. Mr. Crow also noted that the city isn't seeing the low impact/high paying jobs businesses and may want to see if there is a more realistic type of development that should be looked at. He also felt the Hinesburg Rd. Interchange and traffic issues continue to be priorities. Mr. Beaudin also cited the Hinesburg Rd. Interchange and felt it would do a lot to address Dorset St. problems. He felt that "sprawl" could ruin the state and that methods were needed to prevent that. He saw the whole city of S. Burlington as a "growth area." Mr. Sheahan asked whether Mr. Gaulin felt there was the right amount of commercial growth. Mr. Gaulin said there might not always be enough buffer between commercial and residential areas, noting Corporate Way as a particular example. Mr. Sheahan then asked Mr. Crow and Mr. Beaudin what they might "tweak" in terms of site plan and subdivision reviews. Mr. Crow felt that from the administrative side, they have done some "tweaking" with the consent agenda and plans for administrative review of minor site plans. Mr. Crow added that originally he wasn't positively inclined toward the Development Review Board concept, but he has been rethinking the idea and it might be good to have one Board work on planning and another on reviews of plans. Finally, Mr. Crow cited the tension between Planning Commission and Zoning Board and felt it was possible to have better harmony between them. Mr. Beaudin generally liked the concept of a Development Review Board but wanted to know how it has worked in the few towns that have adopted it. He also favored looking into a Design Review Board so the city can have a handle on things. Mr. Condos acknowledged the critical issues involved in the City Center concept. He felt the city may need to look at development corporations. He said that nothing will happen until properties are combined. He asked candidates their opinion on this. Mr. Gaulin said he liked the concept of a city identity, and felt a bunch of strip malls was not the right way to go. Mr. Crow felt everyone has to be committed to the concept for anything to get done. He felt the city needs to take some action to get the concept off the ground. Mr. Beaudin said that town centers usually develop naturally and S. Burlington is trying to force this one. That may require "unnatural means." He felt the first building will be very important. He thought the City might have missed the boat with some projects that could have been built on Corporate Way (e.g., the Immigration Dept. Building) Mr. Cimonetti then explained the selection process and thanked the candidates for their interest. B. The Council then interviewed Robert Chittenden and Robert Nowak for the openings on the Zoning Board. Mr. Chittenden said he felt it is important to serve the community and he wants to remain involved. Mr. Nowak said he has lived in the city for 30 years and wants to help maintain the great environment. Mr. Austin said that one source of conflict between the Planning Commission and Zoning Board is variances granted by the Zoning Board that are not consistent with strict legal requirements. He asked if the candidates had an opinion on that. Mr. Chittenden felt it was just a difference of opinion and that there can be compromise to serve the community. Mr. Nowak said the Board has to be cognizant of regulations but also has to weigh each situation as best it can and give a rational decision. Mr. Condos said that one problem is that what may sound right for today isn't necessarily right for the future. He was concerned that the Zoning Board can change the character of a neighborhood with a variance or conditional use permit. He asked how candidates felt about commercial encroachment into residential neighborhoods. Mr. Chittenden said if a use is allowed, you have to consider it and use good judgment. You should also get input for neighbors. Mr. Nowak said he thought most people were fearful of the future and that what is done now may evolve into something terrible. Mr. Sheahan asked how candidates would react to a request for a variance that had no neighborhood objections but clearly did not meet the criteria. Mr. Chittenden said he would have to look negatively at it. Mr. Nowak said if they don't meet the criteria, they would have to prove to him what it should be done in order to get his approval. Ms. Britt asked whether the Zoning Board should have "yes" in mind until proven otherwise or vice versa. Mr. Chittenden said they should go with an open mind and hear all issues. Mr. Nowak felt there should be care taken as to what is being changed. Mr. Cimonetti thanked the candidates for their interest and explained the selection process. 5. Consideration of several Planning Commission and Zoning Board of Adjustment items: a. Public Hearing on amendment to Zoning Regulations to allow bus terminals as conditional uses in C-1, C-2, Mixed I-C, Airport-Industrial and Municipal Districts and to allow transportation services in C-2, Mixed I-C, and Airport-Industrial; 2nd reading of same. b. Public hearing on proposed amendment to the Zoning Regulations, Section 26, Site Plan Review et. al., which increases the authority of the City Planner to approve minor site plan amendments, second reading of same. c. Public Hearing on proposed amendment to the Zoning Regulations to the district boundary between C-1 and R-4 Zoning Districts shifted to the east, affecting several properties located to the east side of Shelburne Road between Bacon Street and the Burlington city line north of Proctor Avenue; second reading of same: Mr. Weith read the definitions of the bus terminal and transportation facilities and showed on the map where these could be located. Mr. Cimonetti asked about the possibility of a bus terminal in the City Center District. Mr. Weith said the Commission considered that but for aesthetic reasons felt the area would be better served with a terminal in the nearby C-1 district. Ms. Britt asked if there was any concern with buses in the Airport District going through a residential area. Mr. Weith noted that city buses go through residential area. Mr. Hafter said that CCTA has reviewed the amendment and suggested changing the word "shall" in the last sentence to "may." Council members agreed. Regarding expanded authority for the City Planner, Mr. Weith said the intent is to streamline the process and take away from Commission overload. He explained the types of applications the Planner could make decisions on. He also noted that the City Of Burlington does this though it is not written into their Ordinance. Mr. Austin questioned the appeal process and the possibility of a misunderstanding as to when an application is deemed complete. He felt there should be a definitive act to establish when an application is complete. Mr. Weith suggested a line on the application form. Members felt this would be adequate. Mr. Austin also asked about the possibility of the appeal period elapsing before the public is given notice of the Planner's approval. Mr. Weith read language which would have the appeal period begin when the Planner's report is made to the Planning Commission. Members felt this was acceptable. Mr. Weith then showed the areas affected by the zoning district change. The request came from Colonial Motor Inn, one of whose buildings is split in two by the current boundary. Mr. Austin moved to close the Public Hearing. Mr. Sheahan seconded. Motion passed unanimously. Mr. Austin moved to approve the three amendments with modifications made during this meeting. Mr. Condos seconded. Motion passed unanimously. d. First reading of a proposed amendment to the Zoning Ordinance to allow valet parking, airport transient parking and long-term parking as a conditional use in the mixed industrial-commercial district: Mr. Weith reviewed the background of this proposal. The Planning Commission felt it made sense in that district. Mr. Johnston felt it was not a good idea because of the traffic it would generate at the worse intersection in the city. Mr. Cimonetti suggested discussing it with Airport people. The Council agreed to take no action at this meeting. e. Consideration of memorandum on Planning Commission items; schedule joint Planning Commission/City Council meeting: Mr. Weith reviewed the bed and breakfast issue noting the Commission's desire to have a commitment from the Council to address the sign issue before the Commission rules on allowing the use. Members felt 2 sq. ft. as proposed by the Commission might be too small but also agreed that 20 sq. ft. might be too large. Members told Mr. Weith to give the Commission its assurance that the Council will give consideration to the sign issue and will, if they take any action, address both the use and the sign question together. Other issues the Commission wishes to discuss with the Council include the City Center and the Sewer Policy. It was agreed to hold this joint meeting at a regular Council meeting in a few weeks after appointments have been made. 6. Discussion of the possible regulation of domestic cats to insure compliance with rabies control rules: Mr. Hafter cited new state laws that allow communities to regulate cats so they will be vaccinated against rabies. Many citizens have expressed concern that this be done. Mr. Johnston said the city has a lot of rural areas and has rabid raccoons. This form of rabies could be around for many years and the city should protect itself. Members agreed this is a valid concern and should be addressed. 7. Consideration of approval of special events permit for Shrine Circus, September 4 and 5 in Dorset Park: Mr. Sheahan moved the Council approve the special events permit for the Shrine Circus as presented. Ms. Britt seconded. Motion passed unanimously. Mr. Condos noted the issue of parking on Swift St. Extension and the problem when cars are parked on both sides of the road. 8. Refinancing Note: Mr. Hafter presented a note for $9,458 at 4.45% for the Scott Airpacks for the Fire Department. Mr. Condos moved the Council approve the refinancing note and Resolution of Non-Arbitrage for Scott Airpacks, as presented. Mr. Austin seconded. Motion passed unanimously. 9. Review Minutes of 16 June 1997: Ms. Britt noted she was incorrectly identified as "Mr." Mr. Sheahan moved the Minutes of 16 June be approve as amended. Mr. Austin seconded. Motion passed 4-0 with Mr. Cimonetti abstaining. 10. Review Zoning Notice for 14 July 1997: Mr. Sheahan noted appeal #2 is for a variance for height in a residential neighborhood and far exceeds what is allowed. He felt very strongly that the Council should send a message that a 66 ft. Tower is not appropriate in this location. Mr. Condos noted that the height is even greater since there is a "whip" on top. He felt there should be a strong message that this is wrong and felt the letter should go to the Zoning Board Chair. Mr. Condos said he would be at the meeting and would read the letter into the record. Mr. Cimonetti expressed concern with changing the Council's policy and that this might be construed as undue influence. Mr. Sheahan moved that the Council direct the City Manager send a letter to the Zoning Board Chair expressing the Council's concern with item #2 on the 14 July agenda. Mr. Condos seconded. Motion passed 4-1 with Mr. Cimonetti opposing. 11. Review Planning Commission agenda for 8 July 1997: No issues were raised. 12. Sign Disbursement orders: Disbursement Orders were signed. 13. Executive Session: Mr. Austin moved the Council meet in Executive Session to discuss a personnel grievance with concerned parties and Association members, and to consider a contract and appointments to Boards and Commissions and to resume regular session only to approve a contract, make appointments, and/or adjourn. Mr. Sheahan seconded. REGULAR SESSION The City Council returned to regular session. David Austin moved the appointment of Jim Condos to the two-year term as Representative to the Solid Waste District, and Paul Stabler as the Alternate. Joan Britt seconded. The motion passed unanimously. Jim Condos moved the appointment of Bill Cimonetti to the two-year term as Representative to the MPO, and Chuck Hafter as the Alternate. Terry Sheahan seconded. The motion passed unanimously. Jim Condos moved the appointment of Terry Sheahan as the Representative to the RPC for the two-year term, and David Austin as the alternate. Terry Sheahan seconded. The motion passed unanimously. Jim Condos moved the appointment of Joan Britt to the two-year term as the Representative on the Channel 17 board, and Chuck Hafter as the Alternate. Terry Sheahan seconded. The motion passed unanimously. David Austin moved the appointment of Marcel Beaudin to a four-year term on the Planning Commission and Mark Crow to a three-year term on the Planning Commission. Terry Sheahan seconded. The motion passed unanimously. Jim Condos moved adjournment. Terry Sheahan seconded. The motion passed unanimously. The meeting adjourned at 12:30 a.m. Council Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.