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HomeMy WebLinkAboutMinutes - City Council - 03/13/1972SOUTH BURLINGTON CITY COUNCIL MEETING March 13, 1972 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Williston Road on Monday, March 6, 1972 at 7:30 P. M. Chairman Stearns called the meeting to order with a Pledge of Allegiance to the Flag. MEMBERS PRESENT Raymond Stearns Dr. Harold Brown, Jr. Frederick Blais Kenneth Jarvis Walter Nardelli OTHERS PRESENT William Szymanski, City Manager Leo O'Conner, Burlington Free Press Richard Ward, Zoning Administrator Albert Audette, Highway Dept. Charlotte Marsh Ethel Schuele, Fine Arts Committee R. H. Wadhams, Jr., Attorney Thomas Racine, Recreation Committee Warren A. Bundy, 35 Myers Court Thomas Breen, Recreation Committee It was unanimously agreed to add the following items to the agenda: 7. Comment on Bookkeeping of Cemetery Accounts - Charlotte Marsh 8. Chairman Stearns' Report of Meeting with Citizens at City Hall March 9. 9. Consider Recommendations of Planning Commission for Hiring Planning Consultant 10. Report on Tennis Court Sites - City Manager 11. Review of Airport Tax Stabilization Agreement 12. South Burlington Seat on Airport Commission. Mr. Jarvis noted that the Council had agreed, several months ago, to plan ahead for items to be placed on the agenda and to try to eliminate, as much as possible, the last minute addition of items, so that people will be aware of what is to be discussed at the meetings. Chairman Stearns agreed that this procedure should be followed as closely as possible and urged all present to work toward that goal. READING OF THE MINUTES OF MARCH 6, 1972 Mr. Nardelli moved to accept the Minutes of March 6, 1972 as presented. Mr. Blais seconded the motion. Approval was unanimous. SIGN DISBURSEMENT ORDERS Chairman Stearns announced disbursement orders were on the table to be signed before adjournment. Sanction Use Variance of Leon C. B undy from Section 6.10 Use Regulations of South Burlington Zoning Ordinance - Variance was approved by Zoning Board of Adjustment on March 1. 1972 - This was tabled from Council meeting of Monday, March 6, 1972 Chairman Stearns pointed out restrictions imposed by the Zoning Board of Adjustment which will not permit any other commercial use and applies to the present owner only. Mr. Blais said he has seen the site and has no objection; he concurs with the recommendations of the Zoning Board. (Their Minutes of March 1, 1972) Mr. Blais made a motion that the Council ratify the Zoning Board of Adjustment's recommendations on this use variance. Dr. Brown seconded the motion. During discussion Mr. Nardelli stated he feels we are making zone changes in granting variances, and changing the character of the area from a Residential B to a Commercial A district. He noted the building would be within five feet of the southerly property line. A vote on the motion was called.Result: 4 In favor 1 Opposed (Nardelli) Sanction Use Variance of Eugene W. Twoney (Mammoth Mart) from Section 7.10 Use Regulations of South Burlington Zoning Ordinance. Request is for permission to alter the existing building, to be used in part for display and sale of building materials, at Mammoth Mart, Inc., 947 Shelburne Road. - This was tabled from Council meeting of Monday, March 6, 1972. Variance was approved by Zoning Board of Adjustment on March 1, 1972 Mr. R. H. Wadhams, Jr. Attorney for Mr. Twoney, explained that his client proposes to alter the existing structure by installation of a side door on the south side of the building and to set up an interior display area for sale of raw building materials. Sales will be inside the store. Bulk storage items will be fenced in a 3000 square foot area at the left rear corner of the building. These items would consist of stockade fencing and studs - - light building materials. There would be no additional signs. Customers would still enter through the front door but could pick up the bulky items in the rear. During discussion which followed, Mr. Blais said he could not get excited about voting for a use variance in this case, particularly so in view of the cold shoulders to our requests to meet even the minimum requirements of our subdivision regulations to make the shopping center more aesthetic. He also felt no hardship is involved here. He asked Mr. Wadhams if his client would meet landscaping requirements. Mr. Wadhams said he was not aware of this landscaping situation and would bring it to his client's attention. Dr. Brown commented he is against more outside storage area, which will add more to what is already there, without any landscaping to help break it up. Mr. Ward, Zoning Administrator, noted that this is the landlord's responsibility. He said a few months age when Cinema I and II requested an addition to their theatre, the question of landscaping for the shopping complex was mentioned and Mr. Martin Juster was supposed to have contacted the Planning Commission about landscaping. The Planning Commission would like to see some traffic control in the parking lot through landscaping. Mr. Ward felt the more pressure that is applied on Mr. Juster the easier it will be to accomplish what the city is trying to do there. Mr. Stearns stated he believes the tenants should have some influence on the landlord. Furthermore, he felt the fence would be less than attractive. Mr. Nardelli said it seems we are using a variance approach to make a zone change. Mr. Ward replied that there are provisions in the Zoning Ordinance to allow use variances without changing the zone. Mr. Nardelli moved that the request for a variance by Mammoth Mart be turned down. Dr. Brown seconded the motion. Discussion followed. Mr. Blais suggested that the motion be amended to read: "we are turning the request for variance down at this time until there is an agreement on the part of the landowner to upgrade the plot plan of the area." Mr. Nardelli said he would not want to amend the motion. Mr. Jarvis said he finds it difficult to see difference between the variance for Bundy and this one. Mr. Blais referred to the Zoning Board Minutes of March 1, for the differences. He felt approving the variance would proliferate the problem. Charlotte Marsh raised the question of fire hazard and vandalism. A vote on the motion was called.Result:4 in favor of the motion 1 opposed (Jarvis) The City Council to give authority to the Tax Collector to charge an additional 15% of the uncollected taxes for legal expenses incurred in the sale of property as specified in T32, Section 5258. Mr. Szymanski explained that this was requested by the city Grand Juror, Mr. Cleary. It must have Council approval. Mr. Stearns noted that this was also a recommendation of Mrs. Piche, Tax Collector. Mr. Nardelli said he felt 15% was a little high. He also wanted to know if the money would go in the general fund. Mr. Szymanski said it would and from this amount legal expenses would be paid. He suggested making it "15% maximum of the uncollected taxes." Mr. Nardelli moved that the City Council give authority to the Tax Collector to charge an additional amount, not to exceed 15% of the uncollected taxes, for legal expenses incurred in the sale of property as specified in T32, Section 5258. Mr. Blais seconded the motion. Approval was unanimous. Sign New Highway Mileage Certificate Mr. Szymanski presented forms to be signed by the Council for adding Meadowwood Drive (off Swift Street) to application for state aid. Forms were signed by the Councilmen. Sign Service Officer's Notice of Appointment Forms for reappointment of Mr. Szymanski as City Service Officer (welfare) were presented and signed by the Councilmen. Bookkeeping of Cemetery Accounts Miss Marsh said she would like to request that the City Treasurer be instructed to leave, in the bank account of the Cemetery Trust Fund, the interest as it accrues beginning June 30, 1972. She said this interest was formerly used for cemetery expenses, but now that they are allotted a sum in the budget it is not necessary to withdraw the interest, which could itself be drawing interest. Presently, unexpended interest is put into the General Fund and Miss Marsh contends this interest can be legally used only for cemetery expense. Chairman Stearns informed Miss Marsh arrangements have already been made to leave the interest in the Cemetery Trust Fund as of June 30, 1972 Miss Marsh also called attention to a Memorial Fund which was established during World War II and requested more information be given on the amount of money in this fund. If money from this fund is spent it must be voted by the taxpayers, not by the Council, she said. Chairman Stearns requested the City Manager to investigate the matter. He also noted that more money is spent on the cemetery than the interest provides. Chairman Stearns' Report of Meeting with Citizens at City Hall March 9, 1972 Chairman Stearns reported he was available on March 9, 1972 at the City Hall from 4 to 6 P.M. and from 7 to 9 P.M. to provide citizens of South Burlington the opportunity to meet on an individual basis with any comments or suggestions they might have. One individual came in the afternoon, and two in the evening. Both individuals who came in the evening had complaints about their particular area and both complaints have been satisfied. He stated it was most enjoyable, but hoped there would be more people taking advantage of this opportunity to meet with individual councilmen. He noted Mr. Blais will be at the City Hall Thursday, March 16, from 4 to 6 P.M. and 7 to 9 P.M. Consider Recommendations of Planning Commission for Hiring Planning Consultant Mr. Szymanski told the Councilmen the Planning Commission had interviewed six planners for the position of Planning Consultant and recommended the Council accept the proposal of Hollister Kent, Planners Collaborative, Norwich, Vermont. It is anticipated the project will take approximately two and one half months to complete and breaks down into six principal phases: 1. Establishment of Goals and Objectives (Problem Definition) 2. Analysis of City as it fits into the region 3. Analysis of SE Quadrant as it fits into the City 4. Recommendations as to Land Use Patterns 5. Financial considerations of Land Use Patterns 6. Bylaw recommendations The project also calls for a public opinion poll to determine the community expectations of the city's inhabitants; low level aerial photographs; to use a "squatter" technique which would move in key people to South Burlington who would work only on this project for a concentrated period. Facilities would be made available at the City Hall. Cost of these services would be #4950 Mr. Blais wanted to know if other areas than the southeast quadrant will be reviewed. The City Manager said they would be. Dr. Brown said he feels Kennedy Drive and the rear of Laurel Hill are critical areas which should be included and that we should think about doing more planning in the rest of the city so that we have a 1972 plan. Chairman Stearns stated the date of June 1, 1972 was firm - - it should not be delayed until June 15 or June 30 - the Council wants it finished by June 1. Dr. Brown said the Council had "given us quite a job" but it is hoped that a draft will be completed by June 1, with possibly two more weeks of finishing details. Mr. Nardelli suggested the deadline of June 1, 1972 be inserted in the contract. Mr. Jarvis asked where the money is coming from to pay for this $5,000 item. The City Manager said it is in the Planning account. Dr. Brown suggested getting a price from the consultant for next year's budget. Chairman Stearns requested the City Manager to stress the June 1st target date, so public hearings can be held, and to make certain it is in the contract. A motion was made by Mr. Nardelli, seconded by Dr. Brown, that the Planning Commission recommendation, that Hollister Kent of Planners Collaborative, Norwich, Vermont be retained as a consultant, be approved by the Council. Approval was unanimous. Report on Tennis Court Sites - City Manager Mr. Szymanski told the Council he had met with Mr. Godin, Assistant Principal, to discuss desirable sites for tennis courts. They agreed that the area behind the east wing of the High School would be a good site. Mr. Audette suggested that investigation be made of the fact that this area houses the electrical terminals and if the High School should expand it would create problems. Chairman Stearns felt this would have been taken into consideration by the School Board but the City Manager was requested to discuss this matter with the School Board. Review of Airport Tax Stabilization Agreement Chairman Stearns noted that Burlington has approved having a representative from South Burlington appointed to the Airport Commission. Therefore, the tax stabilization agreement will go into effect. The following sections of the agreement were questioned:Page 2 - "b" -Mr. Nardelli would like date as of April 1, 1971 inserted. Page 2 - "b" -Mr. Blais questioned whether the city can collect the sewer tax. (reference to "shall apply only to real and personal property listed") Page 2 - 3. -Mr. Szymanski said the expiration date of the agreement should be changed from December 31, 1980 to June 30, 1981. Mr. Nardelli wanted to know what would happen if property now owned by the city of Burlington changes ownership. Chairman Stearns directed the City Manager to have the contract agreement reviewed by the City Attorney and the foregoing questions clarified. He requested that the City Attorney notify the City Council in writing, by March 20, 1972 if possible, whether or not the agreement is alright. The City Manager was also directed to warn that there will be a vacancy on the Airport Commission to be filled by the City Council. This must have a minimum warning of 15 days. There is no maximum. Mr. Nardelli moved to adjourn the meeting to go into Executive Session for discussion of the Recreation Department proposed budget. Dr. Brown seconded the motion and approval was unanimous. The meeting was adjourned at 9 P. M. *********** The Executive Session was adjourned at 11 P.M. No action was taken. Approved -dg Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.