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HomeMy WebLinkAboutMinutes - City Council - 04/21/1975CITY COUNCIL APRIL 21, 1975 The South Burlington City Council held a regular meeting on Monday, April 21, 1975, in the Conference Room, Municipal Offices, 1175 Williston Road. MEMBERS PRESENT Michael Flaherty, Chairman; John Dinklage, Paul Farrar, Duane Merrill, Catherine Neubert MEMBERS ABSENT None OTHERS PRESENT Richard Ward, Zoning Administrator, Richard Spokes, City Attorney, Charlotte Marsh, Paul Graves, Ed Francisco, Jim Lamphere, Mrs. G. Graves, Mr. and Mrs. Gary Rounds The meeting was opened by Chairman Flaherty at 7:30 p.m. Minutes of Public Hearing, April 15, 1975 On page 13, the last half of the page, Mr. Dinklage's motion, the underlining should be removed from the words he would like to withdraw his motion and would move and the words would move should be changed to he moved. This correction was moved by Mr. Merrill and seconded by Mr. Farrar, and was approved by a vote of three affirmative, one negative (Mrs. Neubert) and one abstention (Chairman Flaherty, because he had not attended the hearing). It was then moved by Mr. Dinklage that the Minutes of the Public Hearing of April 15, 1975, be accepted with the above correction, and also several corrections to be made of a typographical nature. Seconded by Mr. Merrill, and approved by three affirmative votes, Mrs. Neubert voting negative, Mr. Flaherty abstaining. Disbursement Orders Disbursement Orders, prepared for signatures, were presented to the members of the Council. Discussion of Lamplough Property — request for zone change by Paul Graves Chairman Flaherty said Mr. Graves was asking for more direction from the Council as to the direction he should take, that he was hoping to learn where the areas of agreement were and where the areas of disagreement were. The City Attorney was asked by the Chairman if he felt it was proper to discuss it at this meeting. Mr. Spokes said no real action as such had been taken on the request, just a referral back to the Planning Commission. Chairman Flaherty then referred to the letter received from Paul Graves which he said was just a request for clarification of what the Council is looking for. Discussion lasted for more than an hour and a half. The main concerns expressed by Council members were about the impact of traffic, that a traffic study had not been done, that the City would have no control over what took place outside of the property itself regarding traffic, the impact on surrounding property, the tremendous expense that would be involved in site preparation that could only be afforded by a high quality commercial development and make it impossible perhaps for the developer to finish what he proposed to do, the uses that might then he permitted to take place on the property which would not be considered desirable. Mr. Graves felt the traffic could be considered under site plan review, would need the approval of the City Engineer, and that no large department store would consider coming in unless a traffic solution was found, but he was reluctant to invest the money in an expensive traffic study without first getting the zone change. Mentioning the large amount Mrs. Lamplough has paid in taxes, using her principal for this purpose for the past five years, Mr. Graves said he felt it was being unfair to deny her the right to sell her property because the present zoning makes it impractical to a developer. The City Attorney considered the suggestion for contractual arrangements with the developer might mean getting sidetracked and might be susceptible to challenge, but the suggestion for an overlay to allow for a regional shopping mall might be worked out. This would be a zoning vehicle which does not now exist. Mrs. Neubert suggested a contractual arrangement outside the zoning ordinance would negate the ordinance, and Mr. Graves was concerned about the difficulty of entering into a contract with five Council members and seven Planning Commission members, all wanting different things. Concern was also expressed about just considering the Lamplough property and not the whole triangle. Mr. Dinklage suggested it would be fairer to the developer to reject the request for zone change, thus sending it back to point zero. Charlotte Marsh objected strongly to having any more commercial development in South Burlington. Mr. Graves emphasized they would not go ahead until they were sure they could do it, and had the financing lined up, and if they find they don't have the capacity to do it he would have no objection to coming back to the Council and asking what they wanted done then; he had no intention of turning the property over to anyone else or of subdividing it. He would like to get a feeling of approval for the regional shopping mall so the interested parties could decide if they want to come, then he would go to a traffic study and ask for site plan approval and Act 250 approval. Mr. Farrar suggested a contract saying the only construction to be put upon the property for the next five years would be a regional shopping mall, saying he was trying to find a way to support the basic proposal. Discussion then took place on possible solutions and the time required, with Chairman Flaherty saying a rough draft could be prepared before the next meeting, and that the motion passed at the public hearing sends it back to the Planning Commission, thus allowing Council time to work something out. Mr. Spokes suggested that the discussion which had taken place at this meeting be conveyed by Chairman Flaherty to the Planning Commission. Review of Revised Dog Ordinance Attorney Spokes presented copies of An Ordinance to Amend the City Ordinance for the Care and Control of Dogs, saying the Council a year ago had tabled any further action of revision of the Dog Ordinance. The problem at that time seemed to have been regarding penalties. In Section 7 of his proposed ordinance he was suggesting a sliding scale of impoundment fees. On a separate page Mr. Spokes added another suggested section raising the license fee by an additional $2.00 beyond what is required by State statutes. He said he had learned this was possible. This would be $4.00 for male and unspayed female dogs, and $8.00 for unspayed females. These are the fees now charged by the City of Burlington. Mr. Spokes said he had considered eliminating the penalty section but left it in because the impoundment fee does not take care of the continuously barking dog. Mr. Francisco described the dog nuisance in his neighborhood and his experiences with dogs when trying to deliver Ed News. Mr. Rounds questioned the method of operation of the poundkeeper and the City Manager explained the terms of the contract. A general discussion of the problem followed, with the unanswered question of how to draw the line between the dog that is always out and the dog that only gets out once in a great while. Mrs. Neubert moved that the Council ask the City Manager to place on the agenda for the next meeting the first reading of the Ordinance to Amend the City Ordinance for the Care and Control of Dogs, and to include the section that would raise the license fee by $2.00 above what the State requires. Seconded by Mr. Dinklage and voted unanimously for approval. After a short recess the meeting was reconvened at 10:10 p.m. Meeting with Highway Department Union Representatives Gary Rounds, representing the Highway Department Union, asked first about promotion, and was told by Mr. Farrar that would belong in the revised personnel regulations. The second request concerned additional space for the employees where they could get wars or eat their lunches. The City Manager explained it was not budgeted for this year, but a small addition might be put on one of the garages and could probably be done for a couple of thousand dollars if City employees did the work. Mrs. Neubert suggested getting the use of one the temporary classroom trailers from the School Department; another suggestion made was to obtain space by keeping some of the equipment outdoors. Mr. Merrill suggested talking with Mr. Audette about it, and Chairman Flaherty said Council should do something about it before Fall. Regarding a question Mr. Rounds had raised previously about firemen and policemen getting medical service at half price, the explanation was made to him that this was only the case of one pediatrician at Timberlane who had made a practice for years of only charging half the fee to policemen and firemen of all the area, not just South Burlington; that Chief Carter was not in favor of this privilege and had tried to have it discontinued, but the doctor wished to continue the procedure. The next item Mr. Rounds presented was the four day workweek for the summer months. The City Manager's concern was that on a work day, people expect a response when they call, and at least a skeleton force should be on duty. Mr. Rounds felt that would be no problem. He said the proposed plan would be for three months, June, July, and August. Mr. Flaherty suggested trying it for two weeks, and Mr. Rounds suggested a month's trial. Concern was expressed by Council members about all the road work that can only be done in the summer, ball fields maintained, etc., but Mr. Rounds felt sure it would all be taken care of with the four ten-hour working days. The decision was that it was up to the City Manager, to try it for a month under whatever system he wants to try. Returning to the question of additional space, Mr. Rounds said he would like to be able to tell the employees they would get it sometime, that it could be a case of finishing up something inside rather than an actual addition. Mr. Farrar said he would like to set a meeting for Wednesday, May 7th, and personnel rules and regulations would be considered then. Formal action on budget and set tax rate Mr. Dinklage moved that the Council approve the budget and tax rate as presented at the public hearing on April 10th, the tax rate to be $1.64 and the budget to be $1.306.238.00. Seconded by Mr. Merrill and voted unanimously for approval. Designate Chairman as authorized Representative for Phase V Sewer Project and for signing of application for Environmental Study Grant Mr. Szymanski said the study will cost $2,000 but is reimbursable from State and Federal money, with work to be done by Webster Martin. Mr. Dinklage moved that the Chairman be designated as so indicated in the agenda item. Seconded by Mrs. Neubert and voted unanimously for approval. Mr. Farrar Moved that Council sign the environmental application for the Study Grant. Seconded by Mr. Dinklage and voted unanimously for approval. Request by School District for the transfer of city land along Kennedy Drive Mrs. Neubert suggested postponing this item. Mr. Farrar said he would move that Council approve the transfer of the property. No second to motion. Mr. Dinklage said he would like to see a map. Mr. Farrar then moved that Council strike this item from the agenda and table it for the nex meeting. Seconded by Mrs. Neubert and voted unanimously. Liquor Control Board Meeting Mr. Farrar moved that the regular meeting be adjourned and be reconvened as the Liquor Control Board. Seconded by Mrs. Neubert and voted unanimously. Mr. Szymanski said that Arthur's has placed money in escrow with the Howard Bank; he had been so advised by the bank. The other application was from Shakey's and the Police Department has no objection to the granting of this license. Mr. Farrar moved that upon the advice of the City Manager that the City has received an appropriate escrow amount from Arthur's, and the Police Department has no objection to Shakey's license, that Council-approve these two applications to the Liquor Control Board, be approved. Seconded by Mr. Dinklage and voted unanimously for approval. The meeting was declared adjourned at 10:50 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.