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Minutes - City Council - 07/18/2005
CITY COUNCIL 18 JULY 2005 The South Burlington City Council held a regular meeting on Monday, 18 July 2005, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; M. Boucher, D. O'Rourke Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; A. Parent, The Other Paper; Rep. M. Kupersmith; B. Toussaint, T. Fraga, Channel 17 1. Comments & Questions from the Audience, not related to Agenda Items: No issues were raised. 2. Announcements and City Manager's Report: Mr. Condos: MPO Project Review Committee, 19 July; regular MPO meeting, 20 July Lime Kiln groundbreaking next Monday, 1:30 p.m. at the bridge Mr. Hafter: Chamber of Commerce Board meeting, Wednesday at noon. Next Monday, 1 p.m., group working on guidelines for offender release meeting Lake Champlain Housing Board, Wednesday, noon Hoping to begin Kennedy Dr. construction on Wednesday Town Fair in Killington, 14 September The draft Regional Plan has been received and will be on the Agenda for comments at the next meeting. Ms. Hinds noted the Planning Commission has also reviewed the draft and has made comments. 3. Interviews for City Boards & Committees: The Council interviewed Bill Toussaint for the Natural Resources Committee. Mr. Toussaint said he wants to become more involved in the community. He has an Environmental Science degree from Plattsburgh State and works for Central Vermont Regional Planning Commission handling mapping. He felt the role of the Natural Resources Committee was to review development projects to see how they involve environmental impacts. Mr. Condos explained the selection process. Mr. Condos then read the list of vacancies and incumbents who are willing to serve again. Mr. O'Rourke moved to approve the reappointment of incumbents willing to serve again and to replace David Austin on the City Charter Committee with Terry Sheahan. Mr. Boucher seconded. Motion passed unanimously. 4. Discussion and Appointment to Regional Planning Commission: Members agreed to defer this item until there is a full Council present. 5. Consider Entertainment Permit for National Night Out, 2 August 2005: Officer Fraga reviewed the activities that will be part of the event. Mr. Boucher moved to approve the Entertainment Permit for National Night Out as presented. Mr. O'Rourke seconded. Motion passed unanimously. 6. Consider Proclamation for National Night Out: Mr. Condos read the Proclamation. Mr. Boucher moved to approve the Proclamation as read. Mr. O'Rourke seconded. Motion passed unanimously. 7. Consider Entertainment Permit for LaCarreta's: Mr. Hafter said the permit is in order. Mr. Boucher moved to approve the Entertainment Permit for LaCarreta's as presented. Mr. O'Rourke seconded. Motion passed unanimously. 8. Public Hearing: "No Parking Ordinance" on west side of Sherry Road from Intersection of Hickory Lane to intersection of Aspen Drive; second reading of same: Mr. Condos read the ordinance. Mr. Hafter noted that parking on both sides has created problems for emergency vehicles. There were no public comments. Mr. O'Rourke moved to close the public hearing and approve the Ordinance. Mr. Boucher seconded. Motion passed unanimously. 9. Consider First Reading of Amendments to the Land Development Regulations; schedule public hearing for the same: Ms. Hinds noted that many of the amendments are the result of recent State legislation. She then reviewed each amendment: 1. to allow a residence on the Humane Society property for a caretaker's home 2. change in a table 3. conditional uses: formerly could deny based on the "character of the neighborhood"; now the wording has been changed to "planned character of the neighborhood"; decisions must be issued within 45 days of the close of a hearing 4. city no longer has authority to regulate public power and transmission (Mr. Condos felt the Legislature should re-look at that) 5. accessory dwelling units: total sq. footage of all accessory structures on a lot shall not exceed 50% of the first or ground floor of the principal structure with the exception of inground pole, tennis courts, and other similar structures at grade level, which shall not be counted toward the maximum sq. footage of accessory structures accessory dwelling units cannot be regulated by "type" of occupant and the number of occupants cannot be restricted. They can be 30% of the total habitable single family dwelling unit. The principal dwelling must be owner-occupied and there must be adequate wastewater capacity. Two additional off-street parking spaces shall be provided on the same lot, either in a garage or driveway and not in any areas required to meet coverage limitations, or any front yard area other than a driveway Conditional use is required if the establishment of the accessory residential unit involves construction of a new accessory structure, an increase in the height or floor areas of the existing dwelling, or an increase in the dimensions of the off-street parking areas presently on site. 6. Subdivision plat approvals expire 180 days from approval unless the plat is filed. 7. additional standards for Distribution & Related Storage in the I-O District: the 200-ft. buffer must be located entirely on the lot within the I-O District. No buildings, structures, parking lots, associated with light manufacturing or manufacturing can be located within 500 ft. of the boundary of the SEQ District 8. change in "day care" definition, and conditional use review can no longer be used for days cares in a home for fewer than 6 children 9. change in definition of "farm" and "farm structure" 10. group home can serve no more than 8 persons; is a permitted single family use which needs only a zoning permit; those serving more than 8 people or are within 1000 ft. radius of another group home must go through conditional use review and site plan review with supplemental standards (including parking) 11. better language for non-conforming lots and non-conforming structures 12. better language in the definition of "planned unit development" 13. setbacks for lots created before 1974: a structure may encroach into a required setback up to the average distance to the building line of the principal structures on adjacent lots on the same street frontage but no less than 5 feet 14. chimneys are exempt from height measurement; everything else is measured 15. a home occupation may be in a home or in an accessory structure, not both 16. in a traffic overlay district, you cannot add to current traffic generation 17. type corrected in section on access drives 18. the restriction on residences in the airport approach cone is eliminated 19. allows golf courses in the SEQ 20. single family dwellings are not allowed in I-C District but are in the I-O District Mr. Boucher moved to approve the first reading and to set a public hearing on the zoning amendments for 15 August 2005. Mr. O'Rourke seconded. Motion passed unanimously. 21. Consider request for Construction Grant from the State Stormwater Impaired Waters Restoration fund: Ms. Hinds noted the Legislature set aside $1,200,000 for restoration of impaired waterways. The City got $130,000 for Farrell Street and Bruce Hoar secured $160,000 more from the bridges construction fund. This is a request to the State for money they said the city could have. Mr. O'Rourke moved to approve the application and to authorize the City Manager to sign. Mr. Boucher seconded. Motion passed unanimously. 22. Consider appropriation of Special Revenue Funds for Continued Planning Projects in City Center and Southeast Quadrant: Mr. Hafter said $6000 would come from the "Bianchi fund" and $22,000 from the Open Space Planning Fund for a total of $28,000. Mr. O'Rourke moved to approve the appropriation of Special Revenue Funds as presented. Mr. Boucher seconded. Motion passed unanimously. 23. Consider Amendment #1 to Cooperative Agreement for Municipal Project South Burlington STP5200(17) Extension and Construction of Market St: Mr. Hafter said the total amount is $475,000. Mr. Hafter also advised he has instructed Public Works to open Market Street when the Kennedy Drive construction is being done between Hinesburg Road and Dorset Street. Mr. O'Rourke moved to approve Amendment #1 as presented. Mr. Boucher seconded. Motion passed unanimously. 24. Review Development Review Board Agenda for 19 July 2005: Ms. Hinds noted that staff is recommending the following with regard to the connector road in the South Village: Money would be escrowed into a fund. At the pulling of the 185th market rate unit, the road would be begun. It would be finished at the 206th. If the project is not completed, the city can claim the escrow money to complete the road. 25. City Council Minutes of 20 June 2005: Mr. Boucher moved to approve the Minutes of 20 June as written. Mr. O'Rourke seconded. Motion passed unanimously. 26. Sign Disbursement Orders: Disbursement Orders were signed. 27. Liquor Control Board: Mr. Boucher moved the Council adjourn and reconvene as Liquor Control Board. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Hafter presented a First Class Liquor License request from Vermont National Country Club (pool area). He said it was all in order. Mr. Boucher moved to approve the First Class Liquor License for Vermont National Country Club (pool area) as presented. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Hafter then presented a First Class Liquor License request from Mama Mia's Pizzeria. He said it was all in order. Mr. Boucher moved to approve the Liquor License for Mama Mia's Pizzeria as presented. Mr. O'Rourke seconded. Motion passed unanimously. Mr. O'Rourke then moved that the Board adjourn and reconvene as City Council. 28. Appointment to Natural Resources Committee: Mr. O'Rourke moved to appoint William Toussaint to the Natural Resources for a 3-year term. Mr. Boucher seconded. Motion passed unanimously. As there was no further business to come before the Council, the meeting was adjourned at 9:05 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.