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HomeMy WebLinkAboutMinutes - City Council - 06/01/2009CITY COUNCIL 1 JUNE 2009 The South Burlington City Council held a regular meeting on Monday, 9 June 2009, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; P. Conner, Director of Planning & Zoning; D. Kinville, City Clerk; Chief T. Whipple and other members of the Police Department; C. Bolton, M. Young, E. Lesser-Goldsmith, K. Robertson, B. Bisonette, L. Pritchett 1. Other Business & Announcements: A.  Ms. Kinville expressed concern with the special election called for 15 June as part of the City Council meeting. She said she believed this was in violation of the City Charter and cited Section 13.503 which indicates that voting on all questions shall be by the Australian ballot system and Section 13.504 which says that all polling places shall be used in elections. Ms. Kinville suggested reconvening the City Charter Committee to look into a revision to accommodate situations such as this when there is a time element involved in the issue being brought to the voters. Mr. Hafter said the Council scheduled this special vote due to a 15 June deadline to take advantage of a stimulus money offer. He noted that the State Agency of Natural Resources has said that because the amount of money involved is less than $75,000, it can be voted on from the floor of the City Council. The City Attorney said the action taken at that meeting can then be ratified at a later vote. Ms. Kinville said that if the Council goes forward with the vote, she will conduct the election and do everything that needs to be done. She added that if the Council goes forward, they should put something in the Other Paper and on Front Page Forum. Ms. Dooley said this seemed to be the best way to meet the needs of the people who will benefit from the stimulus funds. Members agreed to get the City Charter Committee together to address this type of situation. B.  Ms. Dooley said she was concerned with "specificity" in the development process for 19 Gregory Drive and suggested using an architect versed in this type of facility. Mr. Simoneau said that at some point, there will be a conversation with Bobby Miller to create the process to get the outcome the city and Police Department want. Mr. Hafter said that meeting will be taking place this week. Chief Whipple agreed with Ms. Dooley that there should be a expert review of the plans to be sure nothing is being missed. C.  Mr. Lesser-Goldsmith of Healthy Living advised that Council that they will be having a Farmers' Market on their site on the 3rd Sunday of the months of June, July and August, from 9:30 a.m.-3:30 p.m. He encouraged the city to become part of this project. 2. Announcements & City Manager's Report: Ms. Emery: CCTV will be holding a party at the Boat House, Thursday, 6-9 p.m. Ms. Dooley: Attended the dedication of the Bookmobile and accepted the keys on behalf of the city. There is interest on the part of residents in raising chickens and miniature goats. Ms. Dooley noted the Mr. Conner is drafting an ordinances based on a similar ordinance in Maine. The maximum would be 6 chickens but no roosters. Mr. Hafter noted this is part of the "local foods" movement. Mr. Hafter: The Steering Committee will meet on 10 June, 7 p.m., at the Middle School Library. Steve Jeffrey of VLCT will speak on the impact of legislative action on the property tax. GBIC will be holding its 55th annual meeting on 16 June, at Noon, at the Double Tree. Council members are invited to attend the 28th anniversary of the Father's Day Fishing Derby, 26 June, 6 p.m., at Mallett's Bay. The City will be doing a study, in conjunction with the South Burlington Land Trust regarding land/trail management options on the Calkins property. This is also in conjunction with the UVM LANDS program, and UVM students will be performing field studies. There will be a meeting on 16 June with CCTA regarding possible bus service to the Tilley Medical Center. The meeting will take place at St. Paul's Cathedral. The 15 June City Council agenda will include the storm water vote, a report from CCTA, the setting of tax rates, and interviews with incumbents on the DRB and Planning Commission who wish to serve again. The Council will hold only one regular meeting in July (20th) and August (17th). 3. Second Reading of Amendment to the Sign Ordinance - Temporary Signs, Section 19: Mr. Boucher read the amendment. Ms. Emery moved to open the public hearing. Mr. Knapp seconded. Motion passed unanimously. There was no public comment. Ms. Emery moved to close the public hearing. Mr. Knapp seconded. Motion passed unanimously. Mr. Boucher expressed concern with enforceability. Mr. Conner said it will be more of a challenge than exists now. Ms. Emery said she told Mr. Belair that if it gets to be unbearable to let the Council know. Mr. Hafter noted that Mr. Belair has done a good job working with business owners on sign permits. Ms. Emery moved to approve the second reading of the Amendment to the Sign Ordinance as presented. Ms. Dooley seconded. Motion passed unanimously. 4. Request for Reconsideration of Sign Ordinance Regulations: Mr. Hafter reviewed the history and noted that all signs erected since 2002 have been in compliance with the ordinance. He advised that the City has gotten 3 requests for amendments to the existing ordinance from the following: Airport Grocery, the office building at 22 Patchen Road, and Al's French Fries. Mr. Boucher noted that the 2 signs most out of compliance have been replaced with signs that now comply with the ordinance. A. Airport Grocery: Mr. Robertson said they are requesting grandfathering of their existing sign. They feel the impact would not be "in the best interest of the community" as they have been an "institution" in the neighborhood for 50 years. Mr. Robertson also noted that within 5 years the Airport will be purchasing the property. He added that the cost would be unfair to the owner during these economic times especially with the short duration of time that the business will remain there. The existing sign is 32 sq. ft. with the Coke signs added. They are willing to remove the Coke signs. Mr. Hafter noted that the store is located in a residential district with a speed limit of 25 mph which allows only a 4-foot square sign. There are only 2 properties in the city with this situation. Ms. Dooley suggested removing the speed limit qualification which would allow them a 20 foot square sign. Members were OK with this as there are no more of these situations in the city. B. 22 Patchen Road office building: Mr. Bolton explained that their sign was replaced with one that was too close to the sidewalk. It was new in January of 2006. They got a permit for this sign on February of that year. Mr. Bolton said that if the building were 10 feet further back from the road, it would easy to comply with the ordinance. Mr. Belair has said that the sign is really in its best location. The sign provides a reference to the building and indicates which driveway to go into. The size of the sign is within the regulations; it is only the setback that is at issue. Ms. Emery said she visited the site and didn't see where the sign could be moved. Mr. Conner said there are 3 alternatives: adjacent to the building, flush against the building or angled to be sure it's 5 feet from the right-of-way. Mr. Bolton noted that the sign only falls within the right-of-way by a few inches. Mr. Boucher suggested changing the regulations to require the sign to be 5 feet from the sidewalk instead of 5 feet from the right-of-way. Mr. Hafter said they would look into that. C. Al's French Fries: Mr. Bisonette said their sign was built in 1955, and they are working on having it declared an "historic sign." Ms. Pritchett, an historic preservation consultant, explained how that designation can be obtained. The sign must be 50 years old or more, in good condition so that it looks like it did originally. She felt the Al's sign does qualify. She also noted it may take a few months to get the designation. Mr. Hafter recommended amending the ordinance to exempt signs that are on the Historic Registry. Mr. Bisonette also noted that their second sign is also non-conforming. It was built at the ice cream shop in 1984 when Midas Drive was a private road, which allowed the sign to be put in. The sign is visible only by those heading west on Williston Rd, and there is no other way to advertise the ice cream shop. Mr. Conner said a wall sign would be allowed, but the problem here is that the sign is on the roof. Mr. Bissonette said he would have no problem trying to put the sign on the wall. He asked if they could develop a structural wall behind the ice cream sign. Mr. Conner said it would have to be a structural wall with the sign affixed to it. 5. First Reading of Amendment to Use of Parks Ordinance; Permit Skateboard Use on Recreation Path; schedule public hearing for same: Mr. Boucher read the amendment. Ms. Emery moved to approve the first reading and schedule a public hearing for 20 July 2009. Ms. Dooley seconded. Motion passed unanimously. 6. Council Appointments to Regional Boards and Committees: Ms. Dooley moved to reappoint the following: Denis Gravelin as representative to the MPO Marcel Beaudin as representative to the Regional Planning Commission Paul Stabler as representative to the Chittenden Solid Waste District, with Mr. Boucher as alternate. Ms. Emery seconded. Motion passed unanimously. 7. Consideration for Capital Equipment Refunding Notes: Mr. Hafter said the notes are for the 4th of 5 years on a street sweeper and the 2nd of 3 years on a Police cruiser. Both are at 2.25% interest. Ms. Emery moved to approve the capital equipment refunding notes and accompanying documents as presented. Ms. Dooley seconded. Motion passed unanimously. 8. Consideration of Approval Process for First and Second Class Beverage Licenses to Eliminate Requirement for Liquor Control Board Signatures: Ms. Emery moved to ask permission of the Vermont Liquor Control Board to eliminate the requirement for local Liquor Control Board signature on first and second class beverage licenses. Mr. Knapp seconded. Motion passed unanimously. 9. Review agenda for Development Review Board meeting on 2 June 2009: Ms. Emery asked that business names be added back into agenda items. 10. Review and Approve Minutes of 18 May 2009: Mr. Knapp noted that on p. 1, under item 2, the following words should be added after the word "presentation": "...consultants who will provide advice..." It was also noted that on p. 4, item a), the word "there" should be replaced with "it." Mr. Knapp moved to approve the Minutes of 18 May as amended. Ms. Emery seconded. Motion passed unanimously. 11. Reconvene as Liquor Control Board: Ms. Emery moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Dooley seconded. Motion passed unanimously. Mr. Hafter presented a Liquor License renewal under the new corporate name (Mandarin North) of the Orchid Restaurant. He said the request was all in order. Ms. Dooley moved to approve the Liquor License renewal for the Orchid Restaurant as presented. Ms. Emery seconded. Motion passed unanimously. Ms. Emery moved that the Board adjourn and reconvene as City Council. Ms. Dooley seconded. Motion passed unanimously. 12. Sign disbursement Orders: Disbursement orders were signed. As there was no further business to come before the Council, the meeting was adjourned at 9:10 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.