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HomeMy WebLinkAboutMinutes - City Council - 04/07/2003CITY COUNCIL 7 APRIL 2003 The South Burlington City Council held a regular meeting on Monday, 7 April 2003, at 7:30 p.m., in the conference room, city hall, 575 Dorset St. Members present: J. Condos, Chair; C. Smith, T. Sheahan, S. Magowan, D. O'Rourke Also present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; Rep. A. Audette, J. B. Hoover, Director of Planning & Zoning; L. Kupferman, Development Review Board; B. Wessel, S. Fortier, L. Seavy, M. Simoneau, R. Deslauriers, J. Jewett, B. & J. Goldberg, L. Yankowski, P. O'Brien, L. Murphy, T. McKenzie, G. Forbes, S. Johnston; Channel 17 The meeting began with a tribute and moment of silence in memory of Corporal Mark Evnin, a South Burlington resident killed while serving with the Marine Corps in Iraq. 1. Comments & questions from the audience not related to agenda items: No issues were raised. 2. Announcements & City Manager's report: Mr. Sheahan: Will represent the city on the first workforce housing coalition. Mr. Condos: Steering Committee meeting, Thursday, 10 April, 7:30 p.m. will include a public hearing on the proposed city budget and school budget. Mr. Hafter: Special City Council meeting in executive session next Monday to discuss a personnel grievance. Meeting of Community Center Committee, 17 April, 4 p.m. The Environmental Commission has ruled that no Act 250 permit is needed for the water tower work. There will be a conference on transportation and economic development, 23 April, in White River Junction. There will be a discussion on the future of the northern end of Lake Champlain, 29 April, 7-9 p.m. in Colchester. 3. Public hearing: proposed amendments to Sign Ordinance; second reading of same: Ms. Hoover said the amendments represent solutions to problems that have come up since the adoption of the Sign Ordinance. 1. Specifies that the Dorset St. sign district (including the Shell Station) is subject to design review for any changes. 2. An amendment requested by the Design Review Committee to allow any request that conforms to a master signage permit to go straight to Ray Belair instead of going first to the DRC. 3. Wall signage: there has been a problem with strip malls/centers with multi-tenants. It is rare that the owner divides up the signage. The amendment will allow 15% of a tenant's sign area with a bonus if the owner divides up signage with a master permit. There is no change in the gross amount of signable area. 4. Measurement of window signs: as soon as a certain percentage of window area is exceeded, the wall sign limits will apply. 5. Price board signs for gas stations: a price board sign is allowed in addition to other allowable signage. The price board sign may be a maximum of 3'x4' (12 square feet). There were no issues raised by the public. Mr. Sheahan moved to close the public hearing. Mr. O'Rourke seconded. Motion passed unanimously. Mr. O'Rourke asked that items 1 and 5 be considered separately as he had a conflict of interest. Mr. Sheahan moved to waive the second reading and to approve items 2, 3 and 4 as presented. Mr. Smith seconded. Motion passed unanimously. Mr. Smith moved to waive the second reading and to approve items 1 and 5 as presented. Mr. Sheahan seconded. Motion passed 3-0 with Messrs. O'Rourke and Magowan recusing. 4. First public hearing of proposed South Burlington Land Development Regulations: Ms. Hoover noted that the Planning Commission held 2 public hearings and then voted to forward the proposed new regulations to the City Council. The Council has had 3 presentations. As soon as the Council warned this public hearing, the Planning Department has been reviewing all applications under the new regulations. There was one substantive change made by the City Council prior to this public hearing. The Council asked that the C-1 District near Williston Rd/Kennedy Drive remain as C-1 instead of changing to C-1 Airport. The city attorney has just finished his review of the proposed regs. He feels there is nothing yet that requires going back to the Planning Commission. For the 21 April public hearing, the Council will get a full report on all editing that is needed. Mr. Condos noted that the meeting tonight was to get public comment, not debate. Mr. Simoneau asked about the C-1 vs. C-1 Airport issue. Ms. Hoover said it has been left as it currently is, zone C-1. The Planning Commission has been asked to review the area and come back with a new proposal. Any proposed change would not take place until at least September. Ms. Seavy of UVM referred to correspondence to the City regarding UVM concerns. One of these concerns was the splitting of the I-A District into I-A North and I-A South. The I-A North district would allow more intense uses and the I-A South them more traditional ag uses. Ms. Seavy said UVM did not feel this supports its goals for use of those lands. She noted that "spectator activities" are specifically excluded and that UVM's president is talking about a potential arena, possibly behind the Sheraton or in the southern I-A area. She also noted that "indoor recreation facilities" which are available for a fee are not allowed while they are allowed for those residing on the lot. She questioned use of UVM facilities for high school championships, Special Olympics, etc. UVM also has a question concerning "group quarters" which specifically exclude apartment style housing but allow for dorms, fraternities, etc. Ms. Seavy said UVM needs apartment style housing for married students and upper class students. Research facilities appear to be excluded in the southern I-A District as well as social services. Also it appears that free-standing parking facilities are allowed in IA-North only but in another place in the regs it appears they are allowed in both North and South. Ms. Seavy said the definition of "open space" may limit UVM's development potential. UVM is asking that their natural areas have a separate definition. Their primary purpose is research, but neighbors have access to these areas. Ms. Seavy said UVM feels the current regs are adequate for the city and for UVM and any control would be through the approval process. She also cited the need for flexibility. Ms. Hoover stressed that when there are projects of a significant nature, e.g. an arena, there can be an amendment to regulations. This is not the "last shot" at planning regs. Ms. Hoover added that an arena could also come under "indoor theatre." Mr. Condos asked why apartments would not be allowed in IA-South but dorms would. Ms. Hoover said the concern was that multi-family housing generates traffic issues. In addition, most of the housing around the area is R-1. The Planning Commission wanted some sort of University housing that has some kind of University control. Ms. Hoover noted that research facilities will be allowed in both North and South I-A districts. Their omission in IA-South was an oversight. Mr. O'Rourke said he would like the city attorney's input on "customary support facilities." He noted these are not defined in the regs. There is also a question of whether a use is permitted if it is not defined. Mr. Sheahan said he wasn't sure a dorm had less impact than apartment housing. He didn't feel a dorm was appropriate on the Wheelock property. Ms. Yankowski asked what is planned for Shelburne Rd. (K-Mart Plaza). Ms. Hoover said it is now C-1 with R-7 residential. It will go to C-1 with R-15 residential. She added that the only way to get housing in commercial districts is to have at least an R-12 density. Ms. Yankowski asked why even have housing there with all the Interstate ramps. She said there is already a big traffic snarl in the area and Shelburne Rd. can't support any more traffic. Mr. Murphy spoke of a concern with the Staples Plaza area. There is a piece that is now zoned commercial and which is being split into two zones, R-7 and R-12. He noted that this is the only "down-zoning" proposed in all the changes. He suggested a C-1 with limited retail zoning because of the proximity to the Interstate. He also felt the whole area should be R-12. Mr. Condos said the issue was one of access and that he would oppose any access through East Terrace. Mr. Murphy said there would have to be an emergency access from East Terrace. At some point there might be access through Staples Plaza. Mr. McKenzie spoke on behalf of Technology Park regarding office use that is not allowed in the IC District. He felt people should be allowed to go where they want at least until the city center is ready for them. Mr. O'Brien noted a financial institution is looking for a site in Technology Park and if they can't get it they will go elsewhere. Mr. Simoneau said it doesn't seem unreasonable to allow that use in the zone. He understood the issue of a drive-through. Mr. O'Rourke noted that a general office use is not one that draws the public. A financial institution is a retail center that does draw people and traffic. Mr. Sheahan said traffic would be a main issue for him, especially on Kimball Ave. He was not opposed to an office use but would oppose a retail component with people coming and going. Mr. Sheahan then moved to close the public hearing. Mr. Smith seconded. The motion passed unanimously. Mr. Condos reminded people that the second public hearing would be on 21 April. 5. Consideration of approval of warning for city annual meeting on 20 May 2003: Mr. Condos read the warning. He noted the bond issue will not require any property taxes. Members agreed to add the word "improvements" after the word "system." Mr. Sheahan moved to approve the warning for the city annual meeting on 20 May 2003 as amended. Mr. O'Rourke seconded. Motion passed unanimously. 6. Approval of consulting contract for developing an implementation of stormwater management utility: Mr. Hafter said the city has gone through an extensive study of stormwater utilities. They then issued an RFP and got 6 proposals. The committee interviewed the 3 most appropriate of the proposals and chose Hoyle-Tanner Associates as the leading candidate for the first phase of the project. They also felt Scott Johnston should head the project. The estimated cost of this phase of the project is $75,000. Mr. Forbes of Hoyle-Tanner said they will begin with a feasibility study and then prioritize what has to be done and project capital needs. They will also look at different approaches to creating the utility. Completion is estimated for November 2004. Mr. Johnston said the city will have a well defined project before it makes a commitment to have a stormwater utility. Ms. Hoover said the city will have a $1,000,000 demonstration grant which will cover the bulk of phase 2 costs. There will also be a $500,000 construction grant and up to $750,000 from state, private and other funding. This should cover ¾ of the cost of the project. Mr. O'Rourke moved to authorize the City Manager to develop and execute the contract as presented. Mr. Magowan seconded. Motion passed unanimously. 7. Review Planning Commission agenda for 8 April 2003: No issues were raised. 8. Review City Council minutes of 6 March and 17 March: Mr. Smith moved to approve the minutes of 6 March as written. Mr. Magowan seconded. Motion passed 3-0 with Messrs Sheahan and O'Rourke abstaining. Mr. O'Rourke moved to approve the minutes of 17 March as written. Mr. Sheahan seconded. Motion passed 4-0 with Mr. Magowan abstaining. 9. Consider applications for entertainment permit from Holiday Inn for live music: Mr. Hafter said the application was in order. Mr. Smith moved to approve the entertainment permit for Holiday Inn as presented. Mr. Sheahan seconded. Motion passed unanimously. 10. Liquor Control Board: Mr. Smith moved the Council adjourn and reconvene as Liquor Control Board. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Hafter presented first and second class liquor license renewal applications from the following: Airport Grocery, Airport Mobil, Burlington Billiards, Cheese Traders, Cork & Board Deli & Restaurant, Fish House, Gourmet Chinese Cuisine (Huangs), Ground Round, GU Markets of VT, Hannaford's, Healthy Living, Interstate Shell, Jiffy Mart, Kinney Drugs, Koto Japanese Restaurant, Olive Garden, One Flight Up, Parkway Diner, Pizza Putt, Shelburne Road Exxon, Silver Palace, Simon's Store & Deli, U Save Beverage, Vermont Soup Co., VT National Country Club, and Waterfront Catering Group. He said all applications are in order. Mr. Sheahan moved to approve the first and second class liquor license renewals as presented. Mr. Smith seconded. Motion passed unanimously. Mr. Sheahan moved the Liquor Control Board adjourn and reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 11. Sign Disbursement Orders: Disbursement Orders were signed. As there was no further business to come before the Council, the meeting was adjourned at 8:50 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.