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HomeMy WebLinkAboutMinutes - City Council - 08/07/1978CITY COUNCIL AUGUST 7, 1978 The South Burlington City Council held a meeting on Monday, August 7, 1978 at 8:00 pm in the Central School Auditorium, 1180 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, William Burgess, Ken Jarvis Member Absent Martin Paulsen Others Present William Szymanski, City Manager; Richard Ward, Zoning Administrator; Stephen Page, Planner; Fran Brock, Free Press; Jean Cochran, WVMT; Jeff Twiss. WJOY; Joe Slakas, WCAX; Kay Neubert, William Spignesi, Leo O'Connor, Mary Thompson, William Schuele, Ethel Schuele, Jerry Premo, Diane Geerkin, Lowell Krassner, Peter Harvey, Jean Stone, William Brown, Ramon Lawrence, Donald Crofut, Paul Minch, MaryLou Cole, Eugene Cenci, Gary Farrell, Penny and Sterling Emerson, Greg and Elmer Premo, Gordon O'Brien, Wayne Will, William Sorrell. C. Malaney, L.M. Field, Paul Graves, George Brady, John Dinklage, James Daley, Ed Levin, Roberts Strauss, Robert Martineau, Howard Perkett, Nick Hardin, R.J. Furlong, Ray Unsworth, Margaurite Armstrong, David Morency. Disbursement orders Disbursement orders were signed. Sign Ordinance amendments Mr. Farrar said the city had been presented with a petition signed by 329 people which had been determined as legal by the City Clerk. This petition concerned one of the documents into which the sign ordinance had been split; the one regarding the grandfathering of signs. Mr. Jarvis moved that the contents of the petition as presented to the Council be placed on the September 12 ballot and to refer the text of the proposed amendments to the City Attorney for his review. The motion was seconded by Mr. Burgess. Mr. Farrar read the petition. He said that if the vote in September failed, the ordinance would remain as it is now, and the non-conforming signs would have to come down. Mr. Elmer Premo of the Best Western Redwood Motel said that he had come into the area 21 years ago and that since then he has seen a lot of growth in the area. He represented some of the businessmen in the community who were interested in improvement of the sign ordinances and said that they had asked a legal firm in town to represent their interests. Their representative was Mr. William Sorrell. Mr. Sorrell said that the people he represented long ago made a commitment to the city of South Burlington and that they provided a service for people in the city as well as travellers. He said that hotels and motels did not cater to people in the area but those who were travelling. These people do not find out about a place by word of mouth, but through guidebooks and signs. When his clients established their businesses, he said, they abided by the sign regulations in force at the time and if they did not feel that the signs allowed were large enough for their needs, they went through the proper channels and obtained larger signs. In the early 1970's people in the community were concerned about the development of the city and a committee was established to set up a sign ordinance. Mr. Sorrell pointed out that no portion of the 1973 ordinance provided for differing sizes in signs as related to their type of business, lot size, location, etc. This ordinance set up a Sign Review Board and they passed on sign requests and submitted changes they felt necessary in the ordinance to the Council. Over and over Mr. Sorrell said, the Review Board recommended to the Council that there be a grandfather clause in the ordinance and he said his clients urged the Council to pass a grandfathering clause. He felt that the non-conforming signs would come down eventually through abandonment of the uses and other causes. Mr. Sorrell said that one argument against grandfathering was that it would give the old businesses an unfair advantage over the newer ones by virtue of them having larger signs. He said this argument had been rejected by the courts, which felt that new people in a community knew what they were getting into and that by coming in they accepted the ordinances and restrictions. Mr. Sorrell then presented the Council with a letter dated August 7, 1978 which asked that the Council present the petition and the questions in the letter to the City Attorney and ask for his comments and answers, (copy of the letter attached to the minutes). He hoped that the city would do what it could do enact a fair and legal document. Mr. Lowell Krassner pointed out that the owners of non-conforming signs had known this time of mandatory removal was coming 5 years ago and they had not seemed to do anything about getting ready for it. He said he did not think it would hurt the businesses in the area to have smaller signs since everyone going to Burlington had to get there through South Burlington and its motels. Mr. William Schuele said that when he built his home he put in a septic system and very soon after that the sewer went in and he was forced to hook up without compensation of any kind for a rather expensive system. Mr. Paul Graves, Chairman of the Sign Review Board, suggested that the city live with some large signs on its two thoroughfares because of the tax dollars those businesses generate for the city and he pointed out to those who felt that a sign was written off after a while that if a business was in a 20% tax bracket, all writing off the sign saved it was 20% of the sign's value. He added that the Sign Review Board has been adamant on the issue of compensation, recommending it over and over to the Council, and feeling that if there is no compensation, signs should be allowed to stand. Mr. Ruth DesLauriers said that she had had a golf course which had gone out of business some years ago because she had not been allowed a large enough sign and people had not known that it was public. She wondered if the city would compensate her for the loss of that business. The motion passed 4-0. In discussion of the section governing the size allowed for signs, Mr. Flaherty suggested the Council table action on it until after the vote was taken and the Council agreed. Mr. Flaherty moved to table section 2 in our draft until after the election of September 12, 1978. The motion was seconded by Mr. Burgess and passed unanimously. Mr. Farrar then went through the rest of the proposed amendments to the ordinance and invited comments. On the subject of promotional signs, Mr. Greg Premo said that it appeared that the Council was looking at the need of certain businesses for window display area and he emphasized that the use of a structure should be taken into consideration when considering the type of sign it should have and he felt the Council was setting a precedent by favoring this type of sign when it was leaving the hotel-motel businesses out in the cold. Mr. Flaherty moved to warn for first reading the language of the changes to the sign ordinance that the Council had discussed. This does not include Sections 2,4, and 9. The motion was seconded by Mr. Burgess. Mr. Furlong recommended that instead of allowing signs to remain lighted until midnight, they be turned off at 10:00 for the purpose of energy conservation. The motion passed 4-0. Minutes of July 24 and July 27, 1978 Mr. Burgess moved to approve the minutes of July 24 and July 27, 1978. The motion was seconded by Mr. Jarvis and passed unanimously. Finalize texts of Zoning, Subdivision, and Comprehensive Plan amendments Mr. Flaherty moved to reject the inclusion of the Historic Sites document in the Master Plan based on the City Attorney's recommendation. Mr. Burgess seconded the motion and it passed unanimously. In Section 514 of the Subdivision Regulation, the new section was amended to read, in part, "...the Commission shall notify, in writing, any municipal staff, committee, or department, of any intended changes with respect to any recommendations..." Mr. Flaherty moved to accept the new Section 514 with the above modification. Mr. Burgess seconded the motion and it passed with all in favor. Mr. Burgess moved to warn for a public hearing the amendments to the Subdivision Regulations as proposed by the Planning Commission with the modifications enacted by the City Council. The motion was seconded by Mr. Flaherty and passed unanimously. Mr. Jarvis moved to warn for a public hearing the changes to the Zoning Ordinance. This motion was seconded by Mr. Burgess and passed unanimously. Mr. Burgess moved to warn for a public hearing the changes in the Master Plan, the Transportation Section as amended by the City Council. Mr. Flaherty seconded the motion, which passed with all in favor. Mr. Flaherty moved to schedule the hearings on the amendments to the Subdivision Regulations. Master Plan, and Zoning Ordinance for August 28 at 7:30 p.m. in the City Council chambers. The motion was seconded by Mr. Burgess and passed unanimously. Continue public hearing on conditional use applications within interim zoning district. Sterling Emerson at 1210 Shelburne Road - Mr. Farrar asked Mr. Emerson how many people would be working in the building and what they would be doing, and was told that he would try to have no other business in there than real estate. Mr. Flaherty moved to close the public hearing on the conditional use application within the interim zoning district with respect to the Sterling Emerson property at 1210 Shelburne Road. The motion was seconded by Mr. Burgess and passed unanimously. Arthur Mason and Sharon Woodward at 938-950 Shelburne Road - Mr. Farrar said that the Council had received a letter from an adjoining property owner on the appeal. Mr. Burgess moved to close the public hearing on the conditional use application within the interim zoning district with regard to the Arthur Mason and Sharon Woodward property at 938-950 Shelburne Road. Mr. Flaherty seconded the motion and it passed with all in favor. Consider action on the applications within the interim zoning district Trachte Metal Building Co., Lot #1 National Life Subdivision, Shelburne Road - Mr. Farrar asked what the Council wished to do with this application. He said that he personally favored approving it with the stipulation that Green Mountain Drive be the access road and the Council agreed. Mr. Farrar also felt there should not be further subdivision of the land without a further hearing. Mr. Flaherty was not sure the applicant had addressed all the issues pertaining to a conditional use approval. Mr. Farrar said he would like the curb cut on Shelburne Road closed if Green Mountain Drive were used for access. He also said that he was concerned about proper landscaping and would like to approve the application with a stipulation that the Planning Commission review the landscaping with respect to their normal criteria. Mr. Burgess moved to request the City Planner, with the help of the City Attorney, to prepare a suitable motion for approval of this application with the conditions that the Council has discussed. The motion was seconded by Mr. Jarvis and passed unanimously. Tracy Gleason at 700 Dorset Street - Mr. Flaherty said he would like to see just one curb cut on the lot. Mr. Burgess did not think all the conditions for approval of the application had been met- he had not heard any particular evidence of hardship. Mr. Farrar suggested that the City Attorney be asked whether that was germaine to the interim zoning district and if it was, perhaps they should reopen the hearing to discuss it further. Mr. Burgess moved to delay action on this application and direct the City Attorney a question on whether the conditions in the Zoning document required for a variance apply in this case. Mr. Flaherty seconded the motion and it passed unanimously. Meet with representatives of Shunpike Road to consider making it a dead-end street Mr. Peter Harvey represented the residents of the street and said that they would like the street dead-ended. A lot of traffic goes over it now, he said, and the residents have had to curtail some of their activities because of it. Mr. Farrar asked if the recently passed ordinance restricting truck traffic on the road had been effective and was told that in most cases it had not. Mr. Harvey did not feel that signs or traffic bumps would be effective. Mr. Farrar said that they had been cautioned by the Fire Chief against dead-ending the street since that would leave it with only one access but Mr. Flaherty said that until the access road to Digital had been built there had been only one access to the area. Mr. Flaherty moved to have the City Attorney research the procedure for a public hearing for dead-ending a road and take whatever appropriate steps for a hearing are necessary and ask the Fire and Police Chiefs for their ideas on how to best accomodate their interests. The motion was seconded by Mr. Burgess and passed unanimously. Mr. Harvey requested a copy of the minutes. Make appointments to City Boards and Commissions Mr. Flaherty moved to appoint Dorothy Swartwood and Mary Lou Cole to the Fine Arts Committee for 3 year terms to end in 1981. Mr. Burgess seconded the motion and it passed unanimously. Mr. Flaherty moved to appoint Albert Audette as Civil Defense Director and James Goddette as Assistant Civil Defense Director for 1 year terms to end in 1979. Mr. Jarvis seconded the motion, and it passed unanimously. Mr. Flaherty moved to appoint Dr. Samuel Wiggins as Tree Warden for a 1 year term to end in 1979. Mr. Burgess seconded the motion, which passed with all in favor. Mr. Flaherty moved to appoint Harold Holting, Robert Irish, Wayne Jameson, John Dinklage, and Dale Kleppinger to the City charter Committee for one year terms to end in 1979. The motion, which passed unanimously, was seconded by Mr. Burgess. Mr. Flaherty moved that Charlotte Marsh and Frances Myers be appointed to the Cemetary Committee for one year terms to end in 1979. The motion was seconded by Mr. Burgess and passed unanimously. Mr. Flaherty moved to appoint Vincent D'Acuti to the Burlington Airport Commission for a one year term to end in 1979. The motion was seconded by Mr. Burgess and passed with all in favor. Mr. Flaherty then moved to appoint Richard Carter, Paul Dye, Alex Guyette, Louis Vallee, and Catherine Neubert to the Corrections Center Liaison Committee for one year terms to end in 1979. The motion was seconded by Mr. Burgess and passed unanimously. Mr. Flaherty moved to appoint George Crooks and Robert LaBerge to the Fire Department Advisory Board for one year terms to end in 1979. Mr. Burgess seconded the motion and it passed with all in favor. Mr. Flaherty then moved to appoint Dr. Frank Armstrong. Dr. Samuel Wiggins and Harry Yawney to one year terms on the Tree Planting Committee to end in 1979. Mr. Burgess seconded the motion and it passed with all in favor. Mr. Flaherty moved to appoint Peter Yankowski, Barbara Bill. Dr. Charles Houston. Ethel Schuele, and Howard Shepard to the Red Rocks Committee for one year terms to end in 1979. The motion was seconded by Mr. Burgess and passed with all voting yea. Sign petition for gas main installation on Green Mountain Drive Mr. Szymanski said the line would start at Shelburne Road and extend to the UVM Horticultural Farm. It will be a 2" line. Mr. Flaherty moved to sign the petition for a gas main installation on Green Mountain Drive.. Mr. Burgess seconded the motion and it passed with all in favor. Review Zoning and Planning agendas There were no comments on either agenda. Consider going into Executive Session for the purpose of discussing the possible purchase of a parcel of lakeshore property for recreational purposes Mr. Flaherty moved to go into Executive Session for discussion of the possible purchase of a parcel of lakeshore land and to reconvene taking no action. The Council came out of Executive Session and adjourned at 10:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.