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HomeMy WebLinkAboutMinutes - City Council - 03/19/1973CITY OF SOUTH BURLINGTON COUNCIL MEETING March 19, 1973 The South Burlington City Council held a regular meeting in the conference room of the City Hall, 1175 Williston Road, South Burlington, Vermont on Monday, March 19, 1973 at 7:30 P.M. Members Present Frederick G. Blais, Chairman Walter Nardelli Dr. Harold P. Brown, Jr. Michael D. Flaherty Brian Gee Others Present William J. Szymanski, City Manager Richard Ward, Zoning Administrator Arthur Hogan, Director Chittenden County Regional Planning Commission C. Harry Behney, Chittenden County Regional Planning Commission Fire Chief Monell Philip McArthur, South Burlington Police Dept. Bobby Joe Jackson, South Burlington Police Dept. Cheryl Benfield, South Burlington Free Press Albert Audette, South Burlington Highway Dept. Arlene Krapcho, South Burlington League of Women Voters Virginia R. Kelleher and daughter, Kathleen - 3 Mayfair St. Kay Neubert and daughter, Nancy - 52 Elsom Parkway Donald Duell - 162 Patchen Rd. Paul S. Zerr - 42 Logwood St. Frank McCaffrey - 29 Birch St. George G. Smith - 343 Hinesburg Rd. Norm: Crouchley - South Burlington Rebel Boosters Raymond Davis - Patchen Rd. Iris Mazza - 21 Iby St. Raymond Unsworth - 1700 Spear St. Dorothy Guilford - Secretary ************************** Chairman Blais opened the meeting at 7:30 P.M. with a Salute to the Flag. He asked the members of the Council for additions to the agenda they might want. The following items were added: 7. Discussion of Police Department Budget 8. Discussion on the City Attorney's letter to the City Manager regarding covenants in deed of Potter Development 9. Discussion on Park Proposal It was unanimously agreed to go into executive session at the close of the meeting for the discussion on the City Park Proposal. It was also unanimously agreed to consider the Police Department Budget as the first item on the agenda to enable the officers to return to duty. DISCUSSION OF POLICE DEPARTMENT BUDGET It was noted that the gallonage shown on the budget report should be corrected to 2500 per month. Mr. Gee suggested that there be a breakdown on repairs to cruisers, keeping repairs out of the general maintenance. It was suggested that cleaning expense should also be shown as a separate item. Mr. Gee also wanted to know the quantity of tires required. Mr. Szymanski stated 32 were required in the summer and 16 in winter. In response to questioning on the need for 10 additional riot helmets, Officer Mullen explained that these were needed in the event of an emergency requiring calling out more men at one time. Mr. Nardelli asked why the police force has increased. Officer Mullen indicated that the continual growth of business in South Burlington has been the major cause of increase in the force, pointing out that practically every major car dealership is represented in South Burlington and this requires one patrol vehicle to check all the car lots just on the south end. Three cruisers were replaced in 1972--1973, he said, and the department is asking for five replacements in 1973--1974. CONSIDER ZONING PERMIT FOR ROBERT CUTLER OF GASTOWN, INC., SPRINGFIELD, MASS. FOR CONSTRUCTION OF A GASOLINE STATION ON LANDS LOCATED AT INTERSECTION OF WILLISTON AND PATCHEN ROADS (tabled from March 5, 1973 meeting). Chairman Blais called on Richard Ward, Zoning Administrator, to brief the board on the Planning Commission's recommendations since Mr. Cutler was unable to be present tonight. Mr. Ward informed the Council that the Planning Commission approved this permit with the stipulation that Mr. Cutler meet with the City Forester and provide more greenery, which he has agreed to do. The Zoning Board has also considered the question, which is strictly lot size. Mr. Gee stated he feels Mr. Cutler has been most cooperative and moved that the Council approve the granting of a zoning permit to Robert Cutler, Gastown, Inc., for reconstruction of a gasoline station at the intersection of Williston and Patchen Roads, with the stipulations of the Planning Commission. Dr. Brown seconded the motion. Approval was unanimous. REPORT ON CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION BY MR. C. HARRY BEHNEY Mr. Behney, South Burlington coordinator for Local Affairs, introduced Arthur Hogan, Regional Director, and noted there is a staff of four planners on the Commission. He explained that the authority for regional planning is Chapter 91 of the Planning and Development Act. The Commission serves as an area-wide planning group for HUD proposals also. Its purpose is to advise, review plans and coordinate; its efforts are not oriented to "bricks and mortar"—this is left to the communities, he stated. Funding for Regional Planning comes from HUD - 701 funds, State Agency of Development and Community Affairs, and local communities. At this point Mr. Gee asked why the Regional Planning Commission was not contacted on the correctional site in South Burlington. Mr. Behney indicated that this matter was discussed in a recent meeting he attended, with a request that this be done in the future. However, he pointed out that this does not have to be done by the state. Mr. Behney is a member of the Executive Board, served on the Chittenden County Court House Committee; chairman of the Relocation Committee (from Richmond to Pearl Street, Essex Junction); chairman of the Power Committee, which has involved working with VELCO to plan location of heavy power lines in the county before they become a problem. As a member of the Legislative Committee he listed as accomplishments: a. Extending by 1 year the 5 year limit on planning b. Requiring public facilities to go through the same procedures as any other development c. Return of fines to the communities d. Various clarifications to the Act itself. Since transportation was noted as being the biggest problem in all communities, he noted that a progress report had been given to each councilman on the work done by Armand Beliveau and his committee on transportation. Mr. Behney also briefed the Council on the completed regional solid waste study which indicated South Burlington's landfill could be used to serve regional needs from 1976 to 1985. Beyond 1985 there is a site available for future landfill, he said. The cost to South Burlington would be $28,000 a year and the average homeowner would pay approximately 65¢ a week. Mr. Gee asked if the public would have access to the landfill area. Mr. Behney could not comment on this at this point, he stated. Mr. Nardelli asked how this report ties into the Environmental Board. Mr. Hogan stated that this Board has quarters in the Regional Planning Offices which makes for greater input. He stated the Regional Commission is broken down into subcommittees for study and reporting back to the Commission. Mr. Blais asked if the South Burlington Planning Commission is aware of the accomplishments of the Regional Commission. Mr. Behney said he plans to report to them at their next meeting. Mr. Hogan told the Council that the Commission is working closely, on transportation problems, with the planner for the Burlington International Airport; on highway needs through a study committee and is also working on a transit system. Mr. Hogan also told the Council that his Commission is working with local officials to determine how they are relating to the State Highway Department and felt that the Highway Department will also try to get more input from cities and towns in the future. Mrs. Catherine Neubert asked Mr. Behney if South Burlington would receive compensation for the use of its landfill. Mr. Behney said there would be. Mr. Blais thanked Mr. Behney and Mr. Hogan for their report. SIGN SOUTH BURLINGTON KIWANIS CLUB LEASE AGREEMENT FOR USE OF BUILDING ON AIRPORT DRIVE Chairman Blais read the lease agreement between the City of South Burlington and the Kiwanis Club of South Burlington for use of a building on Airport Drive. (A copy of this lease agreement is filed with these Minutes.) Mr. Gee noted that this road carries heavy traffic and hoped there could be coordination between the Kiwanis auction date and the week-end on which the National Guard drills are held. However, it was pointed out that the auction has traditionally been held the second Saturday of September. Mr. Nardelli moved that the Chairman sign the lease agreement, as agent for the city, for use of the building on Airport Drive by the South Burlington Kiwanis Club. Mr. Flaherty seconded the motion. Approval was unanimous. DISCUSSION ON FORMULATING POLICY FOR THE ACQUISITION OF THE 15% OPEN SPACE Chairman Blais noted that, under Act 91, the city can only demand those lands for open space which are so designated on the official zoning map. He asked members of the Council for their ideas on how this open space should be designated. He stated the Planning Commission would like guidelines as to what areas we would like reserved for parks; what areas do we want only visual open space; what areas would the city be willing to accept money in lieu of the 15% of land? He noted that he does not believe the city wants every parcel of such land designated as a park. The question is how should the city proceed and give a policy statement to the Planning Commission. Mr. Ward stated that, without land designated on the official zoning map, the city could find itself with swamp lands and ravines, none of which could be used for recreation areas. Mrs. Krapcho quoted from Model Subdivision Regulations of the State of Vermont which established guidelines for acquisition of lands by the city for recreation areas. She felt the city must be specific in that the 15% required is for recreation. She gave as an example the area of Laurel Hill where no provisions have been made by previous developers for recreation areas for that neighborhood. According to the Model Subdivision Regulations of Vermont, she said, $150.00 per dwelling unit is proposed for recreation areas. Mr. Gee suggested the Planning Commission obtain a copy of these Model Subdivision Regulations from the state. Mr. Ward commented that the Park Committee and the Natural Resources Committee should start working together. Mr. Gee asked if any tax adjustment is given to the developer for the 15% land taken. Mr. Ward said this is being discussed and it was felt there would be a tax adjustment. Mr. Flaherty pointed out that Mr. Potter has been given an adjustment by being allowed a greater density per acre than originally planned for that area. Discussion then centered on the need for contracts, Mr. Blais pointing out that a developer has asked that a contract be drawn up between the city and him regarding the use of the land and city liability. Questions arose as to provisions for 20 feet on either side of drainage ways to be left open, walkways, etc. It was unanimously agreed to ask the Natural Resources Committee and the Parks Committee for a reevaluation of recreation, conservation and open space zone and an up-dating of the 1968-1969 Implementation Plan, giving consideration to parks, recreation areas and trailways so they can be designated as such on an official zoning map, so the city will have leverage and the Planning Commission will have direction in negotiating with developers for the 15% of land to be allotted under Act 91. It was also unanimously agreed to ask the City Attorney to advise the Council whether a contract should be entered into with developers and, if so, to establish guidelines. DISCUSSION ON THE GROUPING OF REVENUE SHARING ITEMS Mr. Szymanski presented the Council with a report of revenue sharing items. (A copy of this report is filed with these Minutes.) Mr. Nardelli suggested showing a figure for the creation of Red Rocks, rather than including it in the Highway Department figure. He also suggested showing a figure for City Hall Improvements rather than under a Council account. He preferred to see the item of Buses shown as an expense under School Department rather than Special Equipment. In general, he said he would like to see items broken down by departments. Discussion centered next on on the proper format for presentation to the voters, and whether each item should be voted on individually or requiring only one vote. It was decided to request the City Manager to get a legal opinion from the City Attorney on itemizing the revenue sharing but requiring only one vote. Mrs. Krapcho asked the Council how it proposed to finance the transit authority. Mr. Behney stated this should be handled by a line item in the budget and each community must budget for it. He indicated the statute reads that the treasurer will submit a bill to be paid in July in the amount of $12,000. Methods of financing the transit authority were discussed. Chairman Blais observed that the Council would have to reevaluate the city's revenue sharing on the basis of Mr. Behney's foregoing information and it was agreed that the City Council would meet with Mr. Behney and Arthur Hogan on Thursday, March 22, 1973 at 4:30 P.M. at the Regional Planning Commission office in Essex Junction, to discuss the matter. Mr. Crouchley, representing the South Burlington Rebel Boosters, made a request for $5,000. for an activities bus for the Rebel Boosters. He indicated the Rebel Boosters already have over $2,000, for this bus and anticipates it will have another $2,500, this year for its share of this bus which would cost just under $10,000. The Boosters would also absorb the cost of registration and insurance. Mr. Gee noted there are requests for funds from the city Highway Department and Fire Department and suggested these be reviewed before making any commitments on the bus. It was agreed that the Council review the appropriations and to request the School Department to advise the Council what portion of expenses the school will pay. The City Manager was also directed to check with the City Attorney on the legal aspects involved. Chairman Blais noted that the city tax will go up 3¢ but would have gone up 7¢ had there been no revenue sharing funds. SIGN DISBURSEMENT ORDERS Chairman Blais announced that disbursement orders were on the table to be signed before adjournment. DISCUSSION ON COVENANTS IN DEED OF POTTER DEVELOPMENT Mr. Nardelli said he is still not sure how binding the covenants in the deed are with regard to the Potter Development. He is concerned that the covenants might not be valid if the developer should sell to another-party, or whether these covenants apply to all phases of the development, including those which may be built after Phase 1 and 2. He asked that the City Manager request an opinion from the City Attorney as to whether or not the city can bind the covenants of a deed, and what procedures the developer or any future developer would have to go through to change the covenants. Mr. Gee moved to adjourn the Council meeting and go into Executive Session to discuss the Park proposal. Mr. Flaherty seconded the motion. Approval was unanimous. The meeting was adjourned at 10:30 P.M. The Council reconvened at 10:55 P.M. No action was taken during the Executive Session. The meeting was adjourned at 11 P.M. Approved Brian Gee Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.