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HomeMy WebLinkAboutMinutes - City Council - 09/21/1998CITY COUNCIL 21 SEPTEMBER 1998 The South Burlington City Council held a regular meeting on Monday, 21 September 1998, at 7:30 p.m., in the conference room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; David Austin, James Condos, Joan Britt, Terrence Sheahan. Also Present: Charles Hafter, City Manager; Margaret Picard, City Clerk/Treasurer; Albert Audette, Street Department; Lee Graham, Police Chief; Joe Weith, Director of Planning and Zoning; Anna Johnston, The Other Paper; Bill Simendinger 1. Comments & Questions from the audience (not related to items on the Agenda): Ms. Johnston asked about the role of a petition given to the Council. Mr. Cimonetti said the Council first acknowledges receipt, then discusses at that time, and then may put it on a future agenda for further discussion. A petition does not bind the Council in any way. Mr. Hafter added that a petition can challenge the adoption of an Ordinance if it is signed by 5% of the voters. If that occurs, the item must be put on the ballot for public vote. 2. Announcements and City Manager's Report: Mr. Austin noted that the Natural Resources Subcommittee of the Regional Planning Commission will meet on 22 September at 4 p.m. Mr. Condos announced a meeting of the Chittenden Solid Waste District on 23 September at 7:00 p.m. Mr. Cimonetti announced a meeting of the Commuter Rail Steering Committee on 23 September at 10 a.m. Mr. Hafter reported the following: a. The Town Fair will be held on 24-25 September. Mr. Condos is the city's voting representative. b. Approximately 35 resumes were received for the Assistant City Manager position. Seven candidates were chosen from these and will be interviewed in the next two weeks. c. Mr. Hafter is serving on the transit technical committee of the MPO which is looking for alternatives to the property tax to fund CCTA. Recommendations have included a 1 cent per gallon gas tax, a 1% regional sales tax, a 5% regional auto/truck rental fee, a $30 student transportation fee per semester, and CCTA revenue enhancement initiatives. The last three of these appear to be the most favored, although CCTA does not feel it can raise enough money from enhancement initiatives. Mr. Hafter suggested using State revenues to fund the local share and gave members a chart to show how much state funding supports other transportation systems in the state. d. Mr. Hafter gave members an article on the South Burlington Economic Development Committee that recently appeared in the Champlain Economic Journal. Mr. Audette reported on activities of the Street Department. He indicated that they will start the recreation path on the Garvey property next week and anticipated it will go very quickly. The National Guard received funding for the rebuilding of Poor Farm Rd. which they will turn over to the city when completed. A lot of drainage work has been done because of the summer's rainstorms. They are working now on Laurel Hill Drive. A number of areas have required rebuilding, so the work is behind schedule. Some drainage was installed in the lower area of Bartlett Bay. The property owner gave the city an easement to do this. Federal funds were received for the Williston Rd. washout, and that work has been completed. They are hoping for funding to do work near Kennedy Dr. Allen Road was paved last week. About 200 ft. of drainage will be replaced on Queen City Park Rd. This should help address problems there. Work will also be done on Central Avenue this fall where there has been some sliding. One resident lost a garage and porch. Federal funds will be used for this work. Mr. Cimonetti asked if any residential streets will have double yellow lines drawn on them. Mr. Audette said not that he knows of. Mr. Austin noted that going west on Allen Rd., the light at Shelburne Rd. is very long. Mr. Audette said it is a state light, and there may be a problem with loop detectors. Mr. Condos noted it may take 3 lights to get through westbound on Kennedy Drive. Mr. Audette said there was a problem there which has been fixed. Mr. Condos also noted that there are a lot of accidents at Farrell and Swift Streets. He asked if it might now meet warrants for a light. Mr. Hafter said if a light is put in, it encourages people to go through the residential East Woods neighborhood. Mr. Condos said it is a question of safety. Mr. Audette said a light does not reduce accidents as most are caused by people breaking the law. Mr. Weith noted that the last review by the Planning Commission showed that warrants were not met. The Commission will review it again. 3. First Public Hearing on Proposed Amendment to City Charter: establishment of Development Review Board; approval of warning for special city meeting, 11/3/98: Mr. Hafter said this is the first of 2 public hearings. Mr. Weith gave members a copy of a memo given to the Planning Commission to explain this action. The Zoning Board would be replaced by the Development Review Board which would also handle all development review aspects of the Planning Commission. The Planning Commission would handle all "planning" functions, including updating zoning and subdivision regulations, comprehensive plan, and special projects. Mr. Weith noted there is a long list of things the current Planning Commission can't get to now because there is so much development review. Mr. Sheahan noted he had served on the Planning Commission and felt this would facilitate getting a lot more work done. He noted the Commission often had to put off work sessions in favor of development review meetings. Mr. Condos said he has heard from a number of people who think this is a great idea. Mr. Cimonetti noted that today a developer has to make a very similar appearance before the Zoning Board and Planning Commission. Under the proposed system, this could be done in one appearance. Mr. Sheahan suggested eliminating the words "member of Planning Commission" which precedes "or other city resident" since Commission members are also city residents. It was noted that some limiting language was taken out of the Charter such as the number of members on the boards. State law allows 3 to 9 members. Ms. Picard noted that in paragraph 702a of the warning, the word "employee" should be "employ" and the word "consults" should be "consultants." Mr. Austin moved to approve the proposed City Charter amendment as proposed with changes to 702a as proposed and the striking in its entirety of former section 702d. Mr. Sheahan seconded. Motion passed unanimously. Mr. Austin then moved to approve the warning as modified in section 702a and with the deletion of the former section 702d. Ms. Britt seconded. Motion passed unanimously. 4. First Reading of amendment to South Burlington Zoning Regulations to establish a City Center Design Review Overlay District and first reading of amendment to the South Burlington Sign Ordinance; schedule public hearings on same: Mr. Weith noted that the Planning Commission had approved these amendments unanimously. The first amendment would require approval of a design plan for any City Center development. Mr. Weith showed three separate design districts, each with a different character. Design review would cover construction of a new building, addition to a structure, change of use, alteration to a roof line, change of materials in the outer structure, and changes to signs on the property and building. A Design Review Committee would be established which would make recommendations to the Planning Commission which would then have the final say. Ms. Britt suggested extending the area of coverage to include locations between Market St. and Williston Rd. Mr. Weith noted that the committee discussed this and thought it best just to do the proposed areas first because the City Center is so unique. It would take some drastic changes to incorporate areas along Williston Rd. Mr. Austin asked if there has been comment from developers. Mr. Weith said only from those on the study committee who supported the proposal. Mr. Sheahan moved to waive reading of the proposed amendment, approve the first reading, and schedule a public hearing on 19 October. Ms. Britt seconded. Motion passed unanimously. Mr. Weith said the study committee felt signs should be reviewed under design review, and the Planning Commission agreed. He noted that only the City Council can amend the Sign Ordinance. The proposed change would require any new sign or change to a sign in the Dorset Street City Center sign district would have to have Planning Commission approval. There are criteria for review in this situation. There are also some "clean up" changes. Ms. Britt asked who would pay for an architect if the city retains one as a consultant. Mr. Cimonetti said the city would pay. Mr. Cimonetti asked if state statute gives authority for real estate signage. Mr. Stitzel said State law said "reasonable time and place." Mr. Weith noted such signs are exempt under the city's ordinance. Mr. Cimonetti suggested reviewing this in the future. Mr. Hafter suggested changing "Planning Commission" to "Design Review Board" throughout. Mr. Sheahan moved to approve the first reading of the proposed amendments and scheduling a public hearing on 19 October. Ms. Britt seconded. Motion passed unanimously. 7. Consideration of approval of application for Municipal Planning Grant; development of design specifications for Market Street canopy: Mr. Weith said the regs allow a canopy to be part of the building design or to extend into the public right-of-way. The Commission felt there should be design specifications for canopies extending into the right-of-way for both safety and design reasons. The estimate for this work is $4,000. Mr. Weith felt the city had a good chance of getting a grant as first preference is being given to those who didn't get funded last year. Mr. Condos moved to approve the resolution regarding the Municipal Planning Grant as presented. Mr. Austin seconded. Motion passed unanimously. 5. Appointment of South Burlington Representative to Burlington International Airport Commission: Mr. Cimonetti noted that Mike Flaherty has been serving in this capacity and is currently Chair of the Commission. Ms. Britt moved to appoint Mike Flaherty to the Burlington International Airport Commission for another term. Mr. Sheahan seconded. Motion passed unanimously. Mr. Condos noted that Mr. Flaherty has been appointed by the Governor to the State Committee on Aviation. 6. Continued discussion of prioritization of issues which would benefit from regional collaboration: Members agreed that the city's top priorities are a new regional corrections facility and funding of the public transportation system. 8. Review Planning Commission Agenda for 22 September 1998: Mr. Cimonetti noted that there will be discussion of the relocation of the rec path at the golf course. Ms. Britt expressed concern with relocation into the street. Mr. Cimonetti said this will not happen. 9. Sign Disbursement Orders: Disbursement orders were signed. 10. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as liquor control board. Mr. Austin seconded. Motion passed unanimously. Mr. Hafter presented a request for a second class liquor license from the new Exxon Station on Williston Rd. He noted that a C/O was issued today and the station will open tomorrow. Police and fire departments have signed off on the application. Mr. Austin moved that the Board approve the second class liquor license for Odessa Corporation d/b/a Champlain Farms as presented. Ms. Britt seconded. Motion passed unanimously. Mr. Condos asked why a C/O was issued if the road improvements are not done. Mr. Audette said the island is not complete and they shouldn't open until it is. Executive Session: Mr. Condos moved the Board adjourn and reconvene as City Council in Executive Session to discuss a personnel grievance and contract negotiations and to resume regular session only to adjourn. Mr. Austin seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Jim Condos moved approval of an extension of one year to the Firefighters' contract, as amended, until June 2000. Joan Britt seconded the motion passed unanimously. Joan Britt moved adjournment. Dave Austin seconded. The motion passed unanimously. The meeting adjourned at 11 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.