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HomeMy WebLinkAboutMinutes - City Council - 06/03/1974SOUTH BURLINGTON CITY COUNCIL MEETING JUNE 3, 1974 The South Burlington City Council held a regular meeting in the City Hall Conference Room, Williston Road, on Monday, June 3, 1974 at 8:00 P.M. Chairman Flaherty opened the meeting with the Pledge of Allegiance to the Flag. MEMBERS PRESENT Chairman Michael Flaherty, Catherine Neubert, Paul Farrar, William Cimonetti and Duane Merrill MEMBERS ABSENT None OTHERS PRESENT William J. Szymanski, City Manager; Richard Ward, Zoning Administrator, Ronald Schmucker, John Dinklage, Ernest Levesque, Fred Calcagni, Nancy Grucza, James W. Goddette, Sr., Jack Tabaka, Mr. Vogel, Sidney Poger, Mary Barbara Maher, Richard Spokes, William Haas, Sonny Audette, William Wessel, Richard Myette, Charlotte Marsh, Mr. Bolton, Ray Unsworth READING OF THE MINUTES OF MAY 20, 1974 and MAY 22, 1974 Mrs. Neubert made a motion to accept the minutes of May 20, 1974. Mr. Merrill seconded said motion which passed unanimously. Mr. Farrar made a motion to accept the minutes of May 22, 1974. Mr. Cimonetti seconded said motion which passed unanimously. There were two items added to the agenda which were: 15. A resolution commending Mr. Nardelli as Chairman of the City Council and member of the City Council. 16. A resolution commending high school students who have helped to clean up Red Rocks. DISBURSEMENT ORDERS Chairman Flaherty reminded the Council members that there were disbursement orders on the table to be signed. REVIEW ZONE CHANGE PROPOSAL FOR PINE CREEK CONDOMINIUMS OFF JOY DRIVE Mr. Flaherty stated that the proposed Zone change for Pine Creek Condominiums off Joy Drive had been approved by the Planning Commission. Mrs. Maher gave a short resume of the history of the Pine Creek proposal. She stated that five members are in favor of the zone change. She also stated that Mr. Wessel is against the zone change. Mrs. Maher stated that they are here to answer any questions. Mr. Farrar stated that a reasonable amount of time was spent on the Zoning Ordinance and why wasn't this done at the time. Mrs. Maher stated she could see this used for residential or specifically some business. She stated the Planning Commission thought it could be a quality, quiet residential neighborhood. It is a continuation of an R4 zone. It was stated that there is one other consideration - it is undersized for a city street. The right of way is 60 and 40 feet. Mrs. Maher stated that Mr. Szymanski thought it was an adequate right of way for this zone change. It was stated that this proposal had received total subdivision approval under the old Zoning Ordinance. It was stated that the right of way has been obtained from Rice High School. Mr. Ward described where the property is located on the map. The road from the cul de sac will be a private road and maintained by the Condominium development. There was some discussion, re: the So. Burlington Zoning map. There was discussion by Mr. Wessel and Mr. Schmucker of what properties abut this property, and why it is more compatible to have it a residential development. Charlotte Marsh asked why we are always giving variances. She also asked if a complete plan has been turned in on what the developer is going to do. Mr. Flaherty stated that this is the procedure they are allowed to go through. Mr. Schmucker stated that zoning comes about by human effort and discussed specific land uses, improvement by change, etc. It was asked how many units will be in the development and how many bedrooms in each unit. It was stated there will be 50 units and each unit will have 2 or 3 bedrooms. Mr. Cimonetti asked if the developer could ask for a variance in a BPD. Mr. Spokes stated he did not think the developer would qualify. Mr. Cimonetti asked about the Rice property being in R4. Mrs. Maher stated she thought it was on advice of attorney. There was discussion, re: residential land bordering this proposed development. It was stated that these buildings are a series of nine (cluster) town house buildings. Mr. Levesque stated that the Master Plan has to be updated all the time. The first hearing for this zone change is scheduled for June 17, 1974. There was discussion, re: right of way which will be owned by the Condominium development. Mr. Wessel stated that some people pointed out this not being an ideal piece of property. He stated it is on top of the interstate and might be noisy. There is a power line going through the property and the WJOY tower is located on the property. Mr. Wessel stated that these are all detractions in his point of view. He stated that this developer might not proceed and sell this to another developer. Mrs. Neubert stated she would like to review the site. She thinks the development is a good plan but the Council is concerned with the change that is requested. It was decided that before the first hearing for a Zone change on this property members of the Council will visit the site. PLANNER SELECTION COMMITTEE REPORT Mr. Szymanski stated that the Planner Selection Committee has selected an individual who is originally from the midwest and who is now in Vermont and is a Planner. Salary has not been discussed with him as yet. Mr. Szymanski stated he will have the gentleman here at the next meeting, and he stated that they, the committee, would recommend this man. Mr. Farrar suggested that they could do it in Executive session. Mrs. Maher stated that in light of the fact that this man is currently employed, his name could not be revealed at this time. It was stated that the Council will meet with this man some time this week. Mr. Farrar made a motion to empower the City Manager to call an Executive session for the sole purpose of interviewing this prospective planner recommended by the Planner Selection Committee. Mrs. Neubert seconded said motion which passed unanimously. DISCUSSION ON CRITERIA FOR ZONING BOARD PROCEDURES Mr. Myette stated that the Zoning Board has come up with their own list of criteria and it is up to the City Manager to okay what they are. Mr. Spokes stated that we should have sufficient record as to why certain zone changes are made. Mr. Spokes stated the Zoning Board should substantiate any action that they take. There was discussion, re: time lapse between getting a permit from the Zoning Administrator and going before the Zoning Board. Mr. Spokes discussed use variances and dimensional variances. He stated that we have to be very careful on the use variance and on the dimensional variance, the requirements can be relaxed a bit. Mr. Spokes stated that the problem is time. There was discussion, re: the whole procedure. It was stated that the Zoning Board will not pass a use variance now on the first night it is aired, but wait until they have had time to go over the minutes. Mr. Cimonetti stated that a document should be made to be given people who come in for a variance, and he asked that someone prepare a document and give copies to the City Council members. There was discussion, re: by-laws being adopted by the Zoning Board which would be followed and passed on to future Zoning Boards. There was discussion, re: the time that the Zoning Board meets for their meetings. Mr. Spokes stated there are five findings required by statute and the minutes should include the findings. Mrs. Maher asked if the Planning Commission would ever have to approve a use variance. Mr. Spokes stated the only area might concern a PUD. Mrs. Neubert asked about the voting of the Zoning Board. It was stated that they have ballots. Mr. Myette stated that all the Boards should communicate with each other and the City Council. Mrs. Neubert stated that the City could have a report night - something could be prepared to report. Mr. Myette stated he thought a quarterly basis would be good. Mr. Wessel discussed variances and what the City Attorney of Burlington had stated regarding variances. SECOND READING OF MOTOR VEHICLE AND TRAFFIC REGULATIONS ORDINANCE Mr. Flaherty stated that the first reading was at the last meeting. Mr. Szymanski gave a resume as to why we are doing this. The money will come to the City for traffic violations and will amount to approximately $10,000.00 per year. Mr. Flaherty read the second reading of this Ordinance. Mr. Cimonetti asked if these speed limits are all precisely the same as the State. It was stated that they are. It was stated that this Ordinance has to be sent to the State for a rubber stamp. Mr. Farrar made a motion to approve the second reading of the Motor Vehicle and Traffic Regulations Ordinance. Mr. Cimonetti seconded said motion which, passed unanimously. Charlotte Marsh asked how the City intends to enforce these limits. It was stated that the police are going to encouraged to be on Shelburne Road and Williston Road more often. CONTINUE DISCUSSION ON DOG ORDINANCE Mr. Spokes stated that every time we want to prosecute a violator, it will be time consuming and we will have to go to Court. There was discussion, re: suggestion made at the last meeting concerning fines. Mr. Spokes suggested adjusting the fee. There was discussion, re: Court costs. Mr. Spokes stated the expenses would mount up. Mr. Flaherty read Section 7 of the present Dog Ordinance. Mr. Spokes stated it is now a Court situation, but it is now enforced. Mr. Merrill asked about increasing the fine for the second pickup of a dog. Mr. Spokes stated the fee would have to be adjusted with Wes Rae Kennels. It was stated the increase in fee has to be justified other than being a fine. Mr. Cimonetti suggested that more time should be spent on second and subsequent offense investigations, etc. Mrs. Neubert stated that a report could be submitted to the City Manager after a second pickup by Wes Rae. Mr. Szymanski suggested coming to City Hall after the second offense to pay the fine. There was much discussion, re: picking up a dog for the second time and the time limit. There was discussion, re: the City paying for damages and not having a good record of collecting said damages from the dog owner. Mr. Flaherty asked Mr. Spokes to write up a suitable Ordinance where the dates could be filled in by the Council. Mr. Vogel asked about how long a dog owner has to pick up a dog. It was stated that he has to pay $2.00 a day to Wes Raw and it was also stated that after six days, Wes Rae can dispose of the dog. Mr. Szymanski stated that about 10 to 15 dogs a year are disposed of. CONSIDER REQUEST OF JAYCEES TO HOLD BENEFIT CARNIVAL AT ZAYRE'S It was stated that Mr. Paul Zerr called to have this item postponed until the next meeting. DISCUSSION OF ROUTE 7 CORRIDOR Mrs. Neubert stated that they have a committee consisting of herself, Mr. Szymanski and Mr. Wessel. She stated they have met once with the Highway Dept. There was discussion as to what is to be done with Route 7. Mrs. Neubert stated their committee is going to other Route 7 committee meetings. She stated she thinks everything is very vague. There was discussion by Mrs. Neubert as to what Charlotte wants, what Shelburne wants and what Williston wants. And, she stated that their discussions will be crucial. She stated if Shelburne wanted a by-pass, they could go through our southeast quadrant. Mrs. Neubert stated that she sees the business people probably objecting to a by-pass on Shelburne Road, and she stated she sees us being trapped by having the by-pass run through the southeast quadrant. Mrs. Neubert also stated that the Regional Planning is about to come out with a Chittenden County Transportation Plan. Mr. Tabaka stated he had sat in at a meeting with Shelburne and he understood that we should work with Regional Planning. Mr. Cimonetti suggested that the Committee get the Regional Planning report and see if we object to what the Regional Planning Commission is doing. Mr. Ward stated that Don Rich told them it is not final until they have a public hearing sometime this June. There was discussion, re: opportunity to look over what is going to be presented at the hearing on June 17, 1974 by the Regional Planning Commission. There was discussion, re: connection to Queen City Park from Route 7 going north. There was discussion, re: what could be done to alleviate this problem. Mr. Cimonetti asked if the City could acquire a right of way through the Mammoth Mart parking lot to get to Queen City Park and Red Rocks. There was a question of buying the right of way and eminent domain. There was discussion, re: Pine Street extension. Mr. Vogel asked about access to Red Rocks for people without cars. It was suggested that someone speak to the Transit Authority. Mr. Unsworth wanted to discuss the sign (one foot square) at the Village Green Apts. He stated he would like a larger sign. He was told that there are changes in the Sign Ordinance coming up at the next City Council meeting. SIGN RESOLUTION AUTHORIZING CHAIRMAN FLAHERTY TO ACT AS AUTHORIZED AGENT OF THE CITY Mr. Szymanski read the resolution authorizing Chairman Flaherty to act as authorized agent of the City in connection with all matters involving Phase IV (WPC-VT- 65 Federal Grant Offer- City of So. Burlington) of the City Sewage Project, etc. It was stated there is a grant for $12,235.00 for sludge and drying beds which has to be signed by the City Manager. Mr. Cimonetti made a motion to approve the resolution that Chairman Flaherty act as agent of the City. Mr. Farrar seconded said motion which passed unanimously. SIGN RENEWAL NOTES Mr. Szymanski read the list of renewal notes, all of which are with the Chittenden Trust, except one with the Merchants Bank with interest at a rate of 4.80% for one year which is in the amount of $42,320.00 for water extension problem on Shelburne Road. The rest are with the Chittenden Bank running for 3 months at 4.75% interest. $25,000.00 for Garvey property 19,000.00 balance for welfare (hospital bills) 25,000.00 Chittenden County Transit Authority 26,990.00 land fill machine 8,872.00 street sweeper 5,536.00 Allis Chalmers loader 225,500.00 Phase 4 (sewers) 15,000.00 Red Rocks development 40,000.00 (all by $25,000.00 in anticipation of State aid) 3,000.00 house on Duchess Avenue Mr. Farrar made a motion to sign the renewal notes as recommended by the City Manager, Mr. Szymanski. Mr. Cimonetti seconded said motion which passed unanimously. Mr. Cimonetti asked about the large amount for the sewer charges. Mr. Szymanski stated he would go over things with the Council. Mr. Cimonetti also asked about a projection as to when some of these can be retired. Mr. Szymanski stated how the amounts were paid. There was discussion, re: paying off the notes, Red Rocks notes, etc. Mr. Cimonetti suggested having a summary sheet for indebtedness. He stated it would be a good reference document. CONSIDER APPOINTING A CITY EMPLOYEE SALARY REVIEW COMMITTEE Mr. Flaherty suggested that the City Manager would be on the Committee, a Council member, a union member from the Police and Highway Depts., a non-union employee, etc. Mr. Flaherty stated he would like to appoint Mr. Szymanski as Chairman and that he talk to the unions and have them send in an employee member of the Committee. Mr. Cimonetti stated he knew men in So. Burlington who are familiar with such matters and who might serve on such a committee. Mr. Farrar made a motion to empower the Chairman of the City Council to select seven men to serve on a City Employee Salary Review Committee. Mrs. Neubert seconded said motion which passed unanimously. SET RATE FOR AREA SEWER CHARGE Mr. Szymanski explained the Sewer Area List Charge. It was stated that there was no set area list charge for Shelburne Road and 39¢ is set for the Williston Road area. It was also stated that no Revenue sharing funds can be used. Mr. Szymanski also went over the City Sewer Construction cost summary. There was discussion, re: $145,000.00 which is a certificate on deposit in the bank. Mr. Farrar made a motion to follow the City Manager's recommendation and set an area list charge for 39¢ for the Williston Road area and 0¢ for the Shelburne Road area. And, in the future we should get an historical record to see how the funds are juggled between the two areas. Mrs. Neubert seconded said motion which passed unanimously. There was discussion, re: having an historical record to see how the two areas have subsidized each other. Mr. Farrar stated we should have the information laid out as to why and how it may change in the future. RESOLUTION COMMENDING WALTER NARDELLI Mr. Flaherty read the resolution commending Walter Nardelli for his service on the City Council and as Chairman of the City Council. Mr. Farrar made a motion to send the resolution to Mr. Nardelli. Mrs. Neubert seconded said motion which passed unanimously. RESOLUTION COMMENDING HIGH SCHOOL STUDENTS FOR WORK AT RED ROCKS Mr. Flaherty read the resolution commending Mr. Picard and the high-school students who worked at Red Rocks. Mrs. Neubert made a motion to approve the resolution commending Mr. Pickard and the high school students who worked at Red Rocks. Mr. Farrar seconded said motion which passed unanimously. Mr. Farrar made a motion to adjourn as City Council and reconvene as the Liquor Control Board. Mr. Cimonetti seconded said motion which passed unanimously. Mr. Szymanski stated this was for Arthur's and for an entertainment permit. It was stated that the Police Chief has no objection. It was stated there will be a three to four piece dance bank and similar acts. Mr. Farrar made a motion on the recommendation of the Police Chief to grant the application. Mr. Cimonetti seconded said motion which passed unanimously. This action is to consider transfer of Wesson's Liquor license to the Flynn Theater for a benefit for the Baird Children's Center. Mrs. Neubert made a motion to approve the transfer of the Liquor License of Wesson's Diner to the Flynn Theater on June 26, 1974. Mr. Farrar seconded said motion which passed unanimously. Mr. Farrar made a motion that the Council adjourn as the Liquor Control Board and reconvene as the Council and go into Executive Session. Mrs. Neubert seconded said motion which passed unanimously. The time was approximately 10:30 P.M. William Cimonetti, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.