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HomeMy WebLinkAboutMinutes - City Council - 11/05/2001CITY COUNCIL 5 November 2001 Members present: J. Condos, Chair; T. Sheahan, C. Smith, S. Magowan, D. O'Rourke Also present: C. Hafter, City Manager; D. Gravelin, B. Hoar, A. Johnston, M. Cloutier, J. Abate, D. Perley, A. & L. Norris, J. Barry, A. Crook, M. Dillon, P. Toomey, R. Perlstein, D. Weinbeerg, J. B. Hoover, S. Audette, A. Rowe, D. Allen, F. Leduc Presentation of Vermont Police Association Citizenship Award to Francis (Frenchie) Leduc: On the night of August 15, 2001, Frenchie Leduc rescued two people from burning cars from an accident in front of his home. It was noted that for Frenchie this was the "right thing to do," the continuation of his long career of working for the people of his community. The Vermont Police Association Citizenship Award was presented to Frenchie by a vote of 800 police officers at their annual Association meeting. 1. Comments & questions from the public (not related to Agenda items): No issues were raised. 2. Announcements and City Manager's report: Mr. Hafter noted that the funding plan proposed by VLCT is now out for further study. The League has hired an economist to review the figures. Mr. Hafter attended the meeting of the Coalition of Municipalities. A report at the meeting said that Act 60 is not sustainable given a moderate recession. A notice was received by the city that four South Burlington employees attended workshops on winter road maintenance. The first legislative breakfast will be held on 14 January 2001. City breakfasts with legislators will also be held. Mr. Hafter gave members the final report of the committee looking into a Vermont Technical Academy. Members agreed to hold a Steering Committee meeting on Thursday, 13 December. 3. Public Hearing on Ordinance regulating the use of public and private sanitary sewage systems; recommendation to continue hearing until 3 December 2001: Mr. Hafter said there are still some questions to answer before a final draft is ready. They are trying to come up with a procedure that doesn't take much staff time. Mr. Sheahan moved to continue the public hearing until 3 December. Mr. Magowan seconded. Motion passed unanimously. 5. Public hearing on amendments to zoning regulations, zoning map and subdivision regulations; nighttime illumination of governmental flags and view protection overlay district; second reading of same: Ms. Hoover said the flag illumination amendment will allow illumination of governmental flags under controlled circumstances. There is an application to do this and a zoning permit would be issued. For buildings that front a major road or interstate, 100 foot candles would be allowed on the flag; other places in the city would have a maximum of 50 foot candles on the flag. Moe Cloutier of the Vermont Astronomical Society expressed concern about light pollution and the deterioration of the night sky. He asked that lights be pointed downward, not up toward the sky. He also noted there is a bill in the Legislature regarding light pollution. Ms. Hoover said a lot of research was done on this and what is proposed is a conservative amount of light. Kathleen Ryan drafted the ordinance and looked very carefully at where to put lights. Some communities allow wall mounted fixtures, but this can result in light getting into someone's window. Ms. Hoover stressed that there is nothing in the ordinance to prohibit downcasting lights. Mr. O'Rourke asked how the ordinance can be enforced. Ms. Hoover said an applicant must submit information on types of fixtures, height of flagpole, etc. They must show through geometry the amount of foot candles or total lumens that will be used. Ms. Hoover also noted that nothing regulates the amount of light a person can have around his/her home. Mr. Toomey asked how high a flagpole can be. Ms. Hoover said 35 ft. Mr. O'Rourke noted that progress in past years has been made regarding lighting of commercial areas. More needs to be made, but he felt the city was heading the right way. Mr. Magowan said the northern and western sky have gotten degraded in the past 5 years. He said he would like to see what the proposal would look like. Members agreed to continue this part of the amendments to look at the radio station flag when it is illuminated. With regard to view protection, Ms. Hoover noted there are two amendments. The first would apply to all 10 view protection districts in the city. Currently there is no relief for existing homes so that a home which is completely screened could have any modifications made to it. The proposed amendment would allow alterations if they cannot be seen from any point on the baseline because of an intervening house, berm, hill, etc. Ms. Hoover stressed that vegetation does not count in this intervention. The obstruction must completely screen what the homeowner proposes to do. Nothing can be any taller than the existing structure. The second amendment relates only to the Spear St. ridge district where the overlay was imposed on an existing neighborhood west of Deerfield Drive. Homeowners there would be allowed to build front or back of the existing house as long as the addition is below the existing roofline. Mr. Norris, a resident of Whately Rd. said they fall in the "strict portion" of the view corridor and asked that be given a little more latitude. Mrs. Norris said they don't want a major addition but currently they can't make even minor modifications. She said they don't want to impact anything from a view standpoint. Ms. Pearlstein noted she is having trouble selling a house because of the restrictions. Ms. Crook felt that requests should be reviewed on a case by case basis. Mr. Condos said there have to be standard criteria. Ms. Hoover said it was the Planning Commission's opinion that the City Council didn't want any changes to this area. She was sure the Commission would be willing to reconsider this area. Members felt this is a very unique situation and should be re-examined. Ms. Hoover suggested adopting what is presented and then having the Commission deal with this specific area. Mr. Smith moved to close the public hearing. Mr. Sheahan seconded. Motion passed unanimously. Mr. Sheahan moved to waive the second reading and approve sections 2, 3, 4, 5, and 6 as presented. Mr. Magowan seconded. Motion passed unanimously. The Planning Commission will be asked to look at the Whately Rd. situation. 5. Consideration of planning items for Kennedy Drive improvement project (NH121-(i): pedestrian crossing at Twin Oaks and undergrounding of wiring at Kennedy Drive/Hinesburg Rd. intersection: Mr. Hafter reported that a study has found that the Twin Oaks crossing does not warrant a signal and the state is recommending no signal, no painted crosswalk, and no break in the island refuge. Mr. Hafter said he feels there needs to be a crossing with signs. Mr. Allen of VTrans said the accident rate is actually higher when there is a crosswalk painted but no signal because people assume a level of "safety" with a crosswalk. He stressed that FHWA will not put in an unwarranted signal. Mr. Audette recommended a sidewalk on the south side of Kennedy Dr. to Timberlane. Mr. Sheahan felt the median and conduits should be put in and that striping should not be done now. Mr. Audette also recommended moving the bus stop. The issue of undergrounding wiring between Hinesburg Rd. and Timberlane involves an estimated cost of $1,000,000. The city would have to pay half of this. Mr. Hafter recommended looking at other alternatives (relocation of overhead wiring). Mr. Condos asked how much time would be required to redesign for undergrounding if the Legislature changed the funding rules. Mr. Rowe said it would depend on where they were in the project and whether additional right-of-way was required. 6. Discussion of potential neighborhood park site on Kennedy Drive east of Windridge Condominiums: Mr. Magowan stepped down during this discussion due to a conflict of interest. Ms. Hoover said O'Brien Brothers are planning a development. As part of the first phase, the Planning Commission and DRB wanted to be sure to reserve land for a neighborhood park. A site visit was made by the Commission and Recreation Dept. with neighbors from that area. A neighborhood park usually consists of 5-10 acres not actively developed. It should have some open areas for passive and light recreation with good trail/sidewalk access. Ms. Hoover said the PC and DRB are looking for 6-7 acres in this area. She indicated a possible site on the map, noting it would tie into the rec path easement. She asked the Council for confirmation stating that this is the desirable location for a neighborhood park in this area. The O'Briens are OK with this. Mr. Hafter stressed that this is not a land donation and the City would have to use impact fees or other means to obtain the land. Members agreed this was a good location for a park. Mr. Magowan then rejoined the Council. 7. Request from Chittenden County Regional Planning Commission for approval of resolution supporting designation of Lake Champlain byways: Mr. Smith moved to approve and sign the resolution as presented. Mr. Magowan seconded. Motion passed unanimously. 8. Consideration of appointment of Ms. Stephanie Smith as Acting Administrative Officer and Acting Code Officer: Mr. Hafter noted this will allow Ms. Smith to act in the absence of Ray Belair. Mr. Smith moved to appoint Stephanie Smith as Acting Administrative Officer and Acting Code Officer. Mr. O'Rourke seconded. Motion passed unanimously. 8a. Accept Resignation of Wes Saunders from Natural Resources Committee: Mr. Magowan moved to accept the resignation of Wes Saunders from the Natural Resources Committee. Mr. Smith seconded. Motion passed unanimously. 9. Review agenda for Development Review board meeting of Tuesday, 6 November 2001: Mr. Condos asked if the proposed "utility cabinets" will be landscaped. Ms. Hoover said they will. Mr. Condos asked about the proposed moving of a lot line. Ms. Hoover noted the Zoning District boundary runs through the lot. Mr. Condos said it was his recollection that this was done deliberately in order to protect the R4 residential district from commercial encroachment. Mr. Hafter was asked to send a note regarding this concern to the DRB. 10. Review minutes of City Council meeting of 15 October 2001: Mr. Smith moved to approve the minutes of 15 October as written. Mr. O'Rourke seconded. Motion passed 4-0 with Mr. Sheahan abstaining. 11. Sign Disbursement Orders: Disbursement Orders were signed. 12. Liquor Control Board: Mr. Magowan moved the Council adjourn and reconvene as Liquor Control Board. Mr. Sheahan seconded. Motion passed unanimously. Mr. Hafter presented a First/Second Class Liquor License and Cabaret License Application from the new owners of Pizzeria Uno Chicago Bar & Grill. He said that the application was all in order. Mr. Magowan moved to approve the Liquor License request of Pizzeria Uno Chicago Bar & Grill as presented. Mr. O'Rourke seconded. Motion passed unanimously. 13. Executive Session: Mr. Magowan moved the Board adjourn and reconvene as City Council in executive session to discuss litigation and contract negotiations and to resume regular session only for the purpose of adjournment. Mr. Smith seconded. Motion passed unanimously. 14. Regular Session: The City Council returned to regular session. Mr. Magowan moved adjournment. Mr. O'Rourke seconded. The motion passed unanimously. The meeting adjourned at 10 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.