Loading...
HomeMy WebLinkAboutMinutes - City Council - 05/06/2002CITY COUNCIL 6 MAY 2002 The South Burlington City Council held a regular meeting on Monday, 6 May 2002, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members present: J. Condos, Chair (arrived late); T. Sheahan, C. Smith, S. Magowan, D. O'Rourke Also present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; J. B. Hoover, Director of Planning & Zoning; Rep. A. Audette; A. Johnston, The Other Paper; A. Clift, M. Morin, J. Larkin, B. Fisk, T. Moreau, P. Stabler, H. Rivers, K. Donaghue 1. Comments & questions from the audience (not related to agenda items): Ms. Morin, a Burlington resident, indicated that she lives across the street from the building that may be approved for a tattoo/full body-piercing parlor. She was concerned with locating this business at the gateway to the Burlington area. Ms. Morin noted that an appeal has been filed regarding the Administrative Officer's decision that this is a "personal service" in the same category of shoe repair, beauty parlor, etc. She also noted that the business indicates they want to stay open until 11 p.m. Ms. Morin felt this is not in keeping with the character of the neighborhood. She also expressed concern with the proximity to Rice High School and asked what steps can be taken to have the zoning designation changed. Mr. Sheahan noted that zoning changes originate with the Planning Commission. Ms. Morin also cited a health risk as well as the other issues. Ms. Clift echoed these concerns. She said she has a child at Rice and cannot believe the city hasn't regulated this as yet. Mr. Fisk spoke of the problem of people running red lights and urged the Police Department to focus on this. Mr. Sheahan noted that the Council realizes the extent of this issue not only in South Burlington. Mr. Hafter advised that the City has added a full-time position to focus on safety beginning July 1. This police officer will be writing traffic tickets full time. Rep. Audette felt that in a few years the state will make it legal to have cameras at intersections to catch people who pass red lights. This is now allowed in a few states though suits have been brought for "infringing on people's privacy." Mr. Sheahan said a major problem is that South Burlington is a pass-through community and people don't feel the same responsibility as they might in their own towns. 2. Announcements & City Manager's report: Mr. Sheahan: Will attend the Executive Committee of the Regional Planning Commission this week. Mr. Hafter: Asked members about the reorganization meeting following the 21 May election. Members agreed to hold it before the 3 June regular meeting. Will attend the CCTV Board meeting Friday, 17 May, 4 p.m. There will be a reception for new Fire Chief Doug Brent on 28 May, 7 p.m., in the Fire Department. Groundbreaking for the O'Dell housing project will be on 20 May, 10 a.m. Senator Leahy will be attending. Vermont League of Cities and Towns is looking for people to serve on their policy committees. 3. First reading of Ordinance to Amend the South Burlington Motor Vehicle and Traffic Regulations to establish a No Parking zone on the end of Barrett Street; schedule public hearing for same: Mr. Hafter said that students have been parking on Barrett St. when the school lot is full. Since talking to the offenders has not worked, the city has drawn up an ordinance to prohibit parking there and to make it a tow-away zone. Ms. Rivers said there can be as many as 11 cars parked there. Littering and speeding off are also problems. It is often hard for residents to get into their driveways. Mr. Sheahan noted that if this becomes a No Parking zone, residents will also not be allowed to park there during the restricted hours. Mr. O'Rourke asked if this action will just move the parking problem to another street. Mr. Sheahan read the proposed Ordinance. Mr. Magowan moved to approve the first reading as presented and to schedule a public hearing for 3 June. Mr. Smith seconded. Motion passed unanimously. 4. First reading of amendments to the Sign Ordinance; schedule second reading of same: Ms. Hoover reviewed the proposed changes to the Sign Ordinance: Master Signage Permit: If a business applies for a Master Signage Plan, they will get additional signage area. Once a Master Signage Permit is approved, the DRB is out of the "loop" for amendments, etc. This will take 4-6 weeks out of the process for review. For properties with existing non-conforming signs, the amendments do not preclude them for applying for a sign even without bringing other signs into compliance. Free Standing Signs: Currently, the entire support structure and cladding are measured as part of the square footage of a sign. The proposed amendments would redefine sign area so that support structures are excluded unless these areas get larger. The support structure may not be "decorated." Wall Signs: A wall sign is now allowed to be up to 100 sq. ft. regardless of the size of the wall. The new ordinance would allow up to 15% of a wall area to be signage, but the largest sign would still be 100 sq. ft. A sign cannot obstruct a door or window. Incidental and Directional Signs: Incidental signs may use the same type style and color as a business sign but may contain no logo or business name. Directional signs can use a logo/name of the business to which they are related. They cannot be more than 3 sq. ft., just sufficient to direct traffic. Mr. Condos expressed concern with the number, placement and size of these signs, noting that there are no indicated limits. Ms. Hoover said this would be discretionary. Mr. Condos felt they should be 2 sq. ft. at most. Ms. Hoover said smaller than 4 ft. is not visible from the road. She felt 3 sq. ft. could be workable. There could also be a limit of one per curb cut/entrance with a total figure per property. Mr. Sheahan was also against "discretionary" regulations. Ms. Hoover suggested 3 sq. ft., 1 per curb cut, not to exceed 3 per property. Members were OK with this. Signs in Residential Areas: The ordinance would allow a sign to be up to 4 sq. ft. on a street signed for up to 25 mph, and up to 20 sq. ft. on a street signed for more than 25 mph. The main areas affected are 2 strips along Williston Rd. Mr. Condos was concerned with Williston Rd. becoming all 20 sq. ft. signs. Ms. Hoover felt this regulation would dissuade commercial uses in these residential areas because further along Williston Rd. they can have a 40 sq. ft. sign. Members were OK with this. Identification Signs for Multi-Residential Complexes: Currently, all single family subdivisions can't have a 20 ft. sign. The Sign Committee recommends allowing one 20 sq. ft. identification sign. Mr. Sheahan asked who would maintain the sign. Ms. Hoover responded "same person who maintains the stormwater system." Mr. Hafter suggested maintenance should be part of the application for the sign. Mr. O'Rourke noted that in a few years that permit-holder could be long gone. Ms. Hoover said there is a provision that the city can take down a sign that is not maintained. Landscape Feature Signs: These signs are made of natural materials and must be natural brown or grey in color. Concrete can be used if it is textured. No glass can be used. These signs have to be approved by the DRB at site plan approval. The size of the sign in the landscape feature can't exceed the size you would be allowed without the landscape feature. Anything over 7 ft. has to get DRB approval. There also has to be a border area around the sign. Real Estate Signs: For a residential area, one sign would be allowed, up to 6 sq. ft. In a non-residential area a 16 sq. ft. sign would be allowed within 20 ft. of the road and a 32 sq. ft. sign beyond 32 sq. ft. Construction Project Signs: These signs will now require a permit. In a non-residential area, there can be one non-illuminated 32 sq. ft. sign. In a residential area there can be one 6 sq. ft. non-illuminated sign or two 3 sq. ft. signs. A lot of 2 acres or less can have one or two signs. A lot over 2 acres can have 3 signs. Mr. O'Rourke asked about "parapet" signs. Mr. Magowan suggested using the word "solely" in the description instead of "principally." Members agreed. Temporary Signage: There will be a 7-day limit for temporary signs. Gas Station Signage: At present there is no limit to the number of signs on a structural canopy. You can cover 25% of the façade with signs. In the new ordinance, there can be no more than 2 wall signs and no more than 4 advertising/brand identification signs. On the canopy, signage can cover no more than 15 sq. ft. There will be no limit to the signage needed to operate a gas station ("no smoking," etc.). Members felt that these signs should contain no logos or business names. Gas stations would be allowed one freestanding sign per lot. Total square footage for all signs on the lot would be 100 sq. ft., including the free-standing sign. The Committee felt that one thing that would make a difference was related to vending machines. They felt these should be screened from the public right-of-way. In addition, there have been complaints from the public because the machines are lit up. The Committee also proposed allowing no outdoor display of items for sale except for tires. Members asked abut ice, propane, and newspapers and agreed these should also be excluded from the regulation. Sunset clause: The recommendation of the Committee is that all signs be brought into compliance within 7 years. Members questioned whether this would be a hardship for a small business. Ms. Hoover said there aren't a lot of non-conforming signs for small businesses. The major problem may be reducing the height from 20 ft. to 15 ft. Ms. Hoover felt it will be good to get some of the non-conforming signs reduced in 7 years. Members agreed to leave it at 7 until the public hearing to get response from the public. Airport Signage: This is a new section as there has never been any signage regulation for the Airport. The regulations would allow any signs required by the FAA and Defense Department. It would also allow all other signs necessary to the safe and efficient operation of the Airport and National Guard. Signs on Airport Parkway within a 20 ft. right-of-way would be subject to the sign ordinance and would require a permit. There is a suggestion to allow one free-standing sign per curb cut. Mr. Condos suggested one sign per entrance. Mr. Magowan suggested that instead of using the 20 ft. right-of-way, the ordinance should read "visible from the public right-of-way. Mr. Condos asked about non-airport related businesses that are now located at the Airport in what used to be hangars. Mr. Smith suggested omitting this section for now and to consult with Airport people, etc. before doing anything final. Members agreed. Mr. Sheahan then moved to waive the first reading of the ordinance, approve the first reading as amended, and to set a public hearing for 3 June. Mr. O'Rourke seconded. Motion passed unanimously. 5. Consideration of approval of Chittenden Solid Waste District FY 2003 budget: Mr. Moreau said the operating budget being proposed reflects a $26,000 increase, less than ½%. The capital budget exceeds the operating budget. The largest item relates to recycling. The District needs to make investments to make recycling more competitive. There also is the conversion of the biosolids plant to a hazardous waste facility. Mr. Moreau noted they are within 2 months or opening the facility on Pine St. in Burlington. They will move to Flynn Ave. when the highway comes in. Mr. Condos praised Mr. Moreau for his efforts and cited reduction in budgets, problem solving, and the smooth working of the system. Mr. Sheahan moved to approve the FY 2003 Chittenden Solid Waste District budget as presented. Mr. O'Rourke seconded. Motion passed unanimously. 6. Consideration of approval of right-of-way agreement for Colchester-South Burlington BRM5600(6)S, Bridge #6 for TH#3: Mr. Sheahan moved to sign the agreement as presented. Mr. Magowan seconded. Motion passed unanimously. 7. Consideration of award of bid for construction of Bartlett Bay Road stormwater treatment system, S.B. VT STPEH98(7): Mr. Hafter noted that bids came in at or just below the estimate. The low bid is from Dubois Construction at $129,617. Mr. Smith moved to authorize the City Manager to sign the contract when prepared. Mr. Magowan seconded. Motion passed unanimously: 8. Consideration of approval of construction contract with N.L. Chagnon, Burlington Vermont, for Hinesburg Road pumping station force main replacement: The nature of the project was explained. Mr. Sheahan moved to authorize the City Manager to sign the contract with the low bidder, N. L. Chagnon. Mr. Smith seconded. Motion passed unanimously. 9. Consideration of acceptance of VT/EPA Revolving Loan: Project FR1-084; Airport Parkway WWTF upgrade and expansion: Mr. Hafter noted that the loan is for $76,000 at 0% interest payable starting in 2007. Mr. Magowan moved to approve and sign the Resolution and Certificate, Planning Loan Note, Arbitrage Certificate, and Loan Agreement for upgrade of Airport Waste Water Treatment Facility. Mr. Smith seconded. Motion passed unanimously. 10. Accept resignation of Mark Furnari from Red Rocks Park Committee; application of Mark Furnari for appointment to Library Board of Trustees: Mr. Sheahan moved to accept Mark Furnari's resignation from the Red Rocks Committee and approve his appointment to the Library Board of Trustees. Mr. Smith seconded. Motion passed unanimously. 11. Consideration of approval of annual entertainment permit for 1) Talent Skatepark and Shop, Inc., 2069 Williston Road, d.j. for special events; 2) Windjammer Restaurant, 1076 Williston Road, jazz/blues trios and duets: Mr. Hafter read the information on the skatepark. He noted it is a substance free facility. Mr. Sheahan said it is very well run. Mr. Sheahan moved to approve the annual entertainment permit for Talent Skatepark and Shop, Inc. Mr. Magowan seconded. Motion passed unanimously. Mr. Smith moved to approve the annual entertainment permit for Windjammer Restaurant. Mr. O'Rourke seconded. Motion passed unanimously. 12. Review Development Review Board agenda for 7 May 2002: Members expressed concern with the berms mentioned in items 10 and 11. Mr. Hafter noted the city is in court with the applicant on this issue. 13. Review minutes of 15 April and 17 April: Mr. Smith moved to approve the minutes of 15 April as written. Mr. Magowan seconded. Motion passed 3-0 with Mr. O'Rourke and Mr. Sheahan abstaining. Mr. Sheahan moved to approve the minutes of 17 April as written. Mr. Smith seconded. Motion passed 3-0 with Messrs. O'Rourke and Magowan abstaining. 14. Sign Disbursement Orders: Disbursement Orders were signed. 15. Liquor Control Board: Mr. Sheahan moved the Council adjourn and reconvene as Liquor Control Board. Mr. Smith seconded. Motion passed unanimously. The Board considered requests for first class liquor licenses for Pizza Hut and Quarry Hill Club. Mr. Hafter said both applications were in order. Mr. Sheahan moved to approve the first class liquor license for Quarry Hill Club. Mr. Smith seconded. Motion passed unanimously. Mr. Smith moved to approve the first class liquor license for Pizza Hut. Mr. O'Rourke seconded. Motion passed 4-0 with Mr. Magowan abstaining. As there was no further business to come before the Board, the meeting was adjourned at 10:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.