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HomeMy WebLinkAboutMinutes - City Council - 09/07/1976CITY COUNCIL SEPTEMBER 7, 1976 The South Burlington City Council held a meeting on Tuesday, September 7, 1976, in the Conference Room, Municipal Offices, 1175 Williston Road. MEMBERS PRESENT Paul A. Farrar, Chairman; Frank H. Armstrong, John B. Dinklage, Michael D. Flaherty, Catherine M. Neubert MEMBERS ABSENT None OTHERS PRESENT William Szymanski, City Manager; Richard Ward, Zoning Administrator, Stephen Page, Planning Assistant; Robert Earley, Susan M. Rogers, Jerry C. Rogers, Leon Millette, Fred Thon, Albert L. Ploof, John W. Perry, III, Robert Cromer, Nick Morris, Sylvia J. Smith, Beverly J. Guest, Tom Schroeder, Ken Jarvis, Jim Cressey, Denis Renaud, Eleanor Gilbert, Paul Graves, Albert Audette, George Khouri, Debra Weiner, William Schuele, George Brady, Dick Gucciardi, Mrs. Charkin The meeting was opened at 8:00 p.m. by Chairman Farrar. There were no additions to the Agenda for the meeting. Interviewing of applicants for the Airport Liaison Committee and Ordinance Review Committee The following persons were interviewed by Council for the Airport Liaison Committee: Denis Renard Tom Schroeder Nick Morris James Cressey Mrs. Richard Guest Ken Jarvis Mrs. Sylvia Smith was interviewed for the Ordinance Review Committee. It was explained to Mrs. Smith that an Ordinance Review Committee would have been under the Planning Commission, the Charter Committee was interested in combining this committee with the Charter Committee. Chairman Farrar explained the work of the Charter Committee was mainly to receive input for possible changes to the City Charter. Mrs. Neubert felt combining the two committees would give the new committee the benefit of the experience of the members of the Charter Committee. Discussion of recent south end burglaries A number of residents of the Laurel Hill area of South Burlington were present to inform the Council of the increasing crime and vandalism in their neighborhood. Mr. Gucciardi stated there was an attempted breakin at his house while he was away in spite of his taking all the recommended precautions of notifying the police the house would be empty, leaving lights on, having a neighbor watch the house, etc. A similar attempt was made on a neighbor's house. Mrs. Gilbert described a serious burglary of her home with jewelry and other valuables being taken. Much of the vandalism described was felt to be the work of youths in their twenties as well as the teenagers, with cars being damaged, gas removed from tanks, eggs and tomatoes being thrown. Groups of young people congregating long after midnight were making residents uneasy. All expressed dissatisfaction with the results of their complaints to the police and that the police cars never patrolled their area at night. Mr. Gucciardi as spokesman for the group stated their purpose in bringing this critical situation to the attention of the Council was to find out what could be done, that Council might not be aware of the situation. Mrs. Neubert said the police should always be called whenever there was anything suspicious. Mr. Flaherty said one problem with juveniles had been the fact that they were not prosecuted by the State's Attorney, but this situation has been changed in the last few months. Mrs. Charkin recommended a curfew and Mr. Gucciardi felt more money was needed for more police officers. The question was also raised about protection for Cabbage Night and Halloween Night. Mr. Dinklage felt the only way the police can establish a pattern is to receive a report of each and every suspicious event — the police could increase surveillance. Mrs. Neubert recommended asking the residents to come back to another Council meeting at which time Chief Carter and the Juvenile Officer could be present to answer questions. Disbursement orders Chairman Farrar noted the disbursement orders were ready for signatures. District Environmental Commission's permit conditions for University Mall Mr. George Khouri, representing Rand Industries, explained one of the conditions of the Land Use Permit recently issued to Rand Industries by the Environmental Commission was that the City of South Burlington would send a letter to the Commission stating the City was satisfied that the problems of congestion on Dorset Street and Williston Road would be taken care of within a nine months period and the Land Use Permit would become effective upon the date of such a letter. Mr. Khouri said he felt these conditions were imposed because of outside pressure on the State Board of Transportation, that the Secretary of the State Board had suggested the application be denied. He also felt this puts the City of South Burlington in a difficult and embarrassing situation; the City does not need to be told it has a problem and what to do with that problem and how long it has to do it. Mr. Khouri asked that the City send a letter to the District Environmental Board saying there is a problem, the City does want to do something, and will do something when the money is available, and, request that the time limit be eliminated from the permit itself. Chairman Farrar felt there is nothing which requires the City to do anything; if the City doesn't do anything, Rand Industries does not have a valid permit. He said he had testified at the Rand Industries hearing before the Environmental Board that it was the intention of the City of South Burlington as rapidly as possible to do some or all of the recommendations of the Williston Road Task Force Committee. Mr. Farrar said he had asked the City Manager to report back to Council on the costs. Mr. Szymanski said the plans had been sent to the State a month ago; he called this morning and was told the plans had not yet been reviewed. If the State concurs in the recommendations, then the City can put a cost on them. Mr. Farrar said he would like to have it back by next month. Mrs. Neubert asked Mr. Khouri if he was aware of the traffic implementations in the Master Plan, and that a local Task Force had been studying the problem and had made recommendations. Mr. Khouri replied these recommendations are in the permit. Mr. Farrar said the recommendations were reviewed by the Regional Planning Commission traffic expert. Mr. Khouri said there was no question the work has to be done; his major concern was that the City was put in the middle between his firm and the Environmental Commission by putting a time limit on it. Rand's position is that it cannot go ahead. Chairman Farrar felt it was not possible for the Council to request that the date be changed although it would be possible for the applicant to request that it be changed; the permit was not issued to the City; Rand is the only one who has the right to ask that the date be changed. Mr. Khouri asked if nine months would be a reasonable time limit. Mrs. Neubert replied it would be even longer than nine months. Mr. Farrar felt the nine months would start from the date Council submits a letter telling what the City is going to do. He said the project had been submitted for consideration to the Federal Government under their Works Project Act and if it is funded in this manner it would be done next summer. The other alternative is to fund this under Urban Systems with the possibility of this being of reasonably high priority because the project can be started immediately whereas many of the projects submitted for funding from this source are projects which could not be started for several years. Mr. Farrar stated that other than funding from these two sources he was not sure the City could do it. Mr. Khouri asked if Council felt that by determining in a month what the cost would be, and given the input the City now has, would there by any remote possibility of being able to conform to that nine months deadline. Mr. Ferrar said he felt Council had done all that was in their ability to take what steps could be taken to move the project but he didn't think there was any way to guarantee that this project would be done. If, upon completion of the preliminary process, it was Council's opinion that it was impractical to complete this in one construction season, Council would feel it should tell the Environmental Commission that fact, that it would be impossible for the City to comply with the conditions. Mr. Khouri said they were looking for early summer of 1977, putting their emphasis on the anchor, the major department store. Rand is walking a tight line now. Paul Graves said he was concerned from the point of view of the taxpayers, and asked if Council was satisfied the Environmental Board has the power to put a burden on the City. Mr. Dinklage said all the Council is asked to do is give them a statement that we think we can complete the improvements to the intersection. A reasonable engineering estimate of when this is going to be completed will certainly be given to the Board. There will come a time when Council can say these improvements can be completed in nine months. The question of whether that is reasonable from Mr. Graves' point of view is another matter. Mr. Khouri said the Board is controlling the development that goes on within the City, and unfairly, in his opinion. They are taking away a certain amount of home rule. If the City doesn't respond to it, it means accepting a precedent. Mrs. Neubert said she agreed that the Environmental Board should not impose on a local community the burden of spending taxes. They are forcing the City to spend money to get that income which the development will give to the City. Mr. Farrar said the solutions will basically solve the present problem and those problems which might be created by the additions but it might be decided when the price is received that the City does not wish to do it. Mr. Flaherty said he would be very happy to have a letter written saying Council is doing some engineering studies and does not yet have enough information on the project. Mr. Dinklage said he didn't know how this would come out in the balance of tax revenue vs. the cost of the improvements. Mr. Graves asked about accepting the solutions in the report. Mr. Farrar said Council did review that particular portion and in principle agreed with it to the point that Council asked the City Engineer to price it out. Nothing can be approved until it is known what it is going to cost. In a month from now Council should be in a responsible position to decide which way it wants to go. Discussion of Regional Planning with Mr. Graves, the City's Regional Planning Representative. Chairman Farrar explained to Mr. Graves the Council's feeling regarding the basic inconsistency between the growth projected in the Regional Plan for South Burlington and the fact that the City's Master Plan and Zoning Ordinance have designated the entire southeast quadrant as a growth area, not in the immediate future but in future years. This is basically agricultural in the Regional Plan. Some clarification of goals is necessary. If the City is to agree with the Regional Commission's land use philosophy, then the Capital Budget program should be planned differently for that area; on the other hand if that is in the future to become an area for reasonable growth, then the Regional Planning Commission should change their, document to reflect that. The two documents should be as consistent as possible. The second point, Mr. Farrar continued, was on Transportation. Council did not feel that sufficient emphasis was placed on using transportation networks we now have. Facilities which generate traffic should be as near the Interstate as possible. The Southern Connector shouldn't be considered without doing something about the traffic on Shelburne Road; this wasn't a very realistic plan. Regarding development, Mr. Farrar said it was felt that from 500 to 1,000 more jobs a year in the county should be created just for the people who already live in the county. This was not addressed forcibly in the plan. Also a regional plan cannot mean much unless it is tied to the local plans. All the communities should start to have similar by-laws; they have got to overlay. Mr. Graves felt the Regional Planning Commission recognizes that. Mrs. Neubert suggested the other communities didn't take the Regional Plan as seriously as South Burlington did; they did not take the time to study it. Mr. Graves asked about the tax sharing program. Mr. Farrar explained the idea of tax sharing hadn't been looked at in sufficient detail to find all the ways to subvert the system to one's own community's best interests. Regarding the establishment of the Chittenden County Regional Commission, it was felt a body of that type probably had some reasonable functions, but to create another taxing body was both unwise and unnecessary. As a coordinating vehicle it should serve some useful function. Mr. Flaherty felt the problem was an appointive body having taxing powers. Mr. Graves asked if it would remain an advisory thing and Mr. Farrar replied that would be the preference. Mr. Armstrong suggested the Regional Commission might emphasize consideration of certain areas such as transportation or flood plains. Meet with representatives of the local Disabled Veterans Organization regarding a club house site. Mr. Robert Earley described the organization of a South Burlington Chapter of Disabled Veterans which has been meeting at the O'Brien Civic Center with about 35 members, not counting the wives who will belong to the Auxiliary. Mr. Earley said the organization was asking the City to give them a piece of land now owned by the City, one of two such pieces, on which to put up a club house for meetings and social activities, with a banquet hall, bar, and dance floor. Both of these pieces of land, he said, are on Airport Parkway and are away from churches, schools, and residences. If they were unable to get the building set up, or if the place folded at any time, they would have no objections to giving the land back to the City. Any building would be either moved, torn down, or sold. He said they would accept either piece of land. Mr. Szymanski said this was left-over land from what was purchased at the time of the sewer construction. Mrs. Neubert asked if there would be a use for space there at any time and Mr. Szymanski said No. The present zoning, Mr. Szymanski, would not allow the club house. It would be necessary for the DAV to go to the Zoning Board. Mr. Flaherty suggested a 99-year lease. Mrs. Neubert asked about other uses for the building and Mr. Early said because they are a non-profit organization it could not be rented out. Mrs. Neubert said she would like to see the two pieces of property and have the City Attorney look at the legality of it. Mr. Flaherty suggested DAV try to get a variance from the Zoning Board. Mr. Dinklage said he would like the opportunity to discuss this further with the Council. Minutes of the regular meeting of August 12, 1976, and the special meeting of August 17, 1976 Mr. Flaherty moved that the Minutes of the regular meeting of August 12, 1976, and the Minutes of the special meeting of August 17, 1976, be accepted as presented. Seconded by Mrs. Neubert and voted unanimously. Appointment to the Fire Department Advisory Board Mr. Flaherty moved that Council appoint Nicholas Beechko to complete the membership on the Fire Department Advisory Board. Seconded by Mrs. Neubert and voted for approval by four affirmative votes; Mr. Dinklage abstained because he was not present when Mr. Beechko was interviewed at the August 12th Council meeting. Authorize the Charter Committee access to executive session minutes of June 21st and 24th Mr. Dinklage moved that Council grant the Charter Committee access to the executive session minutes of June 21st and 24th regarding the discussion on increasing the membership of the Zoning Board of Adjustment to seven. Seconded by Mrs. Neubert. Mr. Flaherty said he didn't like allowing executive minutes being passed from board to board; he did not think it was a good idea. Mr. Szymanski said that was the reason he had asked permission to do this. After discussion the motion by Mr. Dinklage and the second by Mrs. Neubert were withdrawn. It was felt that there were no "secrets" in the executive session, no mystery, and no necessity for granting access. Mr. Flaherty then moved that Council ask the City Manager to communicate to the Charter Committee that their request has been discussed and no pertinent information was found in the executive session minutes pertaining to their question. Seconded by Mr. Armstrong. The motion carried with one abstention, Mr. Dinklage. Review subdivision amendments Chairman Farrar noted several changes that should be made in the three-page document dated August 18, 1976, prepared by Mr. Page. In the Title the word Approval should be Review. On page 2, the last word in the 3rd paragraph should be over-building, not over-developing. Next to the last paragraph, Water Department should be Water Commission. Page 3, 3rd paragraph, last line, City should be City Council. Mr. Ward felt after talking with the City Attorney, that the 2nd line in the 1st paragraph on the 1st page should not refer to any zoning district (AR district?). Chairman Farrar suggested the Planning Commission would look at this. Mr. Dinklage moved that Council forward to the Planning Commission for their review the proposed amendments to the Subdivision Regulations contained in the document prepared by Mr. Page dated August 18, 1976, as corrected, and and that a copy of this with a covering letter be forwarded to the chairman of the citizens' group. Seconded by Mr. Flaherty and carried by four votes, Mrs. Neubert abstaining. Review of Zoning Board Agenda Mr. Ward gave a brief summary of the circumstances of the appeals listed on the Agenda for the September 13th meeting of the Zoning Board. In the appeal of the Champlain Oil Company, Mr. Dinklage recommended that opposition of adjacent landowners be taken very seriously. Regarding the request of the Sheraton for expansion in height, Council felt this should be looked at very carefully. Mr. Ward felt Council, rather than taking a position, should vote to become a party and attend the hearing. Mr. Dinklage moved that in view of the possible precedent which could be set in the future development of South Burlington and because of the consideration of intensity of land use, that City Council become a party to the appeal of the Sheraton Motor Inn seeking a variance. Seconded by Mrs. Neubert and voted unanimously. Mr. Flaherty then moved that Chairman Farrar represent the Council at the meeting of the Zoning Board of Adjustment on September 13th. Seconded by Mr. Dinklage and voted unanimously. Mr. Ward noted that five new restaurants have been proposed for Shelburne Road. Mr. Dinklage said he would like to consider an amendment to the BR District. Mr. Flaherty moved that the meeting be adjourned. Seconded by Mr. Armstrong and approved unanimously. The meeting was declared adjourned at 11:50 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.