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HomeMy WebLinkAboutMinutes - City Council - 10/02/1978CITY COUNCIL OCTOBER 2, 1978 The South Burlington City Council held a meeting on Monday, October 2, 1978 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road. Members Present Paul Farrar, Chairman; Michael Flaherty, Martin Paulsen, William Burgess, Kenneth Jarvis Others Present William Szymanski, City Manager; Nick Bogert, WCAX; Robert Earley, S. Burlington Chapter 17 DAV; Ed Blake, Gary Farrell, Joel Chandler, and Peter Jacob, S. Burlington Water Commission; Albert Audette, Donald Whitten, Stanley Wilbur, Dale Kleppinger, Connie Kite, Terry Spillane, Al Marlowe Addition to agenda A discussion of a resignation from the Zoning Board of Adjustment was added to the agenda. Minutes of September 18, 1978 Mr. Paulsen moved to approve the September 18, 1978 minutes. The motion was seconded by Mr. Jarvis and passed with all in favor. Disbursement orders The Council members signed disbursement orders. Meet with consultant to discuss scheduling of Airport Parkway and Bartlett's Bay sewage treatment plants upgrading Mr. Stan Wilbur of Webster-Martin said that he had gone to a meeting recently on this issue of upgrading the plants and he said that the State has the Bartlett's Bay plant upgrading in for Step 1, facility planning, in the 1978 budget year. It is in the 1980 budget year for final design and construction and the total project should be finished by 1981. Since the upgrading is for phosphorous removal, the project is funded 100% by State and Federal funds. Mr. Wilbur said the city might come into some cost if it needed new equipment that would not be used totally for the phosphorous side of the treatment, but it was determined that that cost would be very low, and Mr. Wilbur expected that the project would be cost free for the city. For the Airport Parkway plant, Mr. Wilbur said that was in the list for construction in 1982, so this project has been moved out a year over what it was. He said that when they got done with the facilities planning, they would have a good idea of the cost of the project and Mr. Farrar said the Council would like the figure as soon as possible. It should range from $700,000 to 1 million. Mr. Szymanski asked whether, if the city stepped the bond issue up, and were ready to build and another community turned its bond issue down, the city might get that money and be able to build sooner and was told that was possible. Designate authorized representative for Step I, application for upgrade of Bartlett Bay plant Mr. Paulsen moved that Michael Flaherty be appointed as the authorized signature for Step I, application for upgrading Bartlett Bay plant. The motion was seconded by Mr. Jarvis and passed unanimously. Mr. Paulsen then moved to sign the resolution. The motion was seconded by Mr. Jarvis and all voted aye. Meet with Water Commissioners Water main installation on Kimball Avenue - Mr. Gary Farrell, Chairman of the Water Commissioners, said that that board felt that the water line going in along Kimball Avenue should be 12" rather than 8" because that would provide more water volume for this end of town than the 8" line would. The cost would be $4500 to $5000 more for the section to be put in this year and perhaps $15,000 for the entire project but the Commission felt it would be worth it in the long run. Mr. Farrell said that if the city did not want to borrow the money for it, the Water Department would. Mr. Blake said that with the 12" line the water pressure would not be different in this end of town, but the volume would be 130 - 140% more, and the benefit would extend through the Williston Road area. This would be a help as far as fire protection goes. Mr. Farrell said the Commission felt it was the right step to take and Mr. Paulsen added that he felt strongly that it would be a good thing to do. Mr. Paulsen moved that any water mains to be installed on Kimball Avenue be 12" in size. Mr. Burgess seconded the motion, which passed with all in favor. Mr. Szymanski noted that there were already two 8" sleeves set in under the road. Hydrant maintenance policy - Mr. Farrell noted that the city owned the hydrants and should maintain them but the Water Department has done that in the past. He said they would like a formal change so that the Department maintains the hydrants and the city pays them for it. It would cost $2-3,000 per year. Mr. Farrell said all the city hydrants had been checked, repaired, and painted and that they were all in good working order now. Mr. Audette said that the Street Department does a lot of work for the Water Department with regard to hydrants and such and they are not reimbursed. Mr. Farrell said that if the Water Department paid for maintenance, then the water users would eventually pay for it and if the city paid for it, it would be the taxpayers who paid, and they are not the same group of people. Mr. Audette estimated that the Street Department does about $5-10,000 worth of work for the Water Department per year. Mr. Farrell said he felt the Commissioners should look further into the problem and get back to the Council with it. Who will pay for the 12" pipe on Kimball Avenue will be decided then also. Mr. Blake felt that an immediate concern of his was that whoever is in charge of new development and building permits was not getting in touch with the Water Department to let them know what was going on. Mr. Farrar suggested he talk to Dick Ward and Steve Page about it directly. Pending Interim Zoning applications Burlington Data Processing, Kennedy Drive - Mr. Burgess moved that the South Burlington City Council deny the conditional use application of Burlington Data Processing, Mr. Richard Tarrant (agent) for construction of an office complex on Kennedy Drive, as depicted on the plan of record, based on the following findings: 1. the proposed use is not consistent with standards 2, 3 and 4 of Section 5 of the city's Interim Zoning Regulations. 2. the proposed use would be detrimental to the general character of the area. 3. the area in question is zoned Residential (multi-family) under the city's permanent zoning regulations, and should be developed in conformance with those regulations. Mr. Paulsen seconded the motion and it passed 5 to 0. Dance Studio- Dorset Street - Mr. Farrar said the questions the Council had to answer on this application were whether the use would increase traffic and whether it was consistent with other uses in the area. The City Attorney has determined that the use cannot be considered a home occupation. Mr. Jarvis asked if the Council could approve it with the stipulation that it be operated only by the Hurleys. Mr. Farrar wanted Planner Steve Page's opinion on whether the use would or would not be a problem in the area and City Attorney Richard Spokes' opinion of whether the use could be limited to the Hurleys or have a time limit attached. The discussion will be continued at the next meeting. Public hearing on conditional use application within Interim Zoning district Mr. Terry Spillane explained that he wanted to convert the office areas of his gas stations at 811 Williston Road and 1116 Shelburne Road into convenience stores. These stores would sell milk, snack items, etc. to the customers. Mr. Spillane indicated that there would be no traffic impact because he would be selling to people who were in there buying gas anyway. The Williston Road station will probably cater mainly to walk-in college students from UVM who come through the station anyway on their way to other stores. The store on Williston Road will be 156 square feet and the other will be 192 square feet. Mr. Spillane said the rest of the building would remain the same. He would not need a lot of storage space because the convenience items are delivered every day. They would obtain a second class liquor license so that they could sell beer also. Mr. Burgess noted that traffic might increase, since people could go in for milk and end up buying gas anyway, rather than the other way around. Mr. Jarvis asked that the process move as fast as possible since the applicant had already been delayed through no fault of his own. Mr. Burgess moved to close to hearing and Mr. Paulsen seconded. The motion passed with all in favor. Consider appointment of Council member to City Charter Committee Mr. Dale Kleppinger spoke for the Charter Committee and said that the Committee had discussed having a Council member and a School Board member on the Committee but had decided that it was not necessary. If the Council wished to make such a move, he said, the Committee would not object, but they felt it was not necessary. In view of that, said Mr. Farrar, the item should be dropped since the Council and School Board members already have enough meetings to attend and it is not wise or necessary to give them any more. Discuss charges given the City Charter Committee regarding budget and tax limitations and review work of Committee to date The Charter Committee had some questions about the charge given them by the Council. Mr. Farrar said that the Council wanted to know if the clause regarding tax limitations was working, if it was the right one for the community, and if it should be modified. Mr. Burgess felt that what he wanted to see was a proposed Charter amendment for the next city election which would reduce or eliminate the automatic provision in the Charter for raising the tax rate. He wanted the Committee to look into it and find the pros and cons and perhaps take testimony from the public on it, and then prepare a draft for a proposed Charter change. He felt that if the city did not take that step, the citizens would force the issue. Mr. Flaherty felt that was starting with the premise that the clause should be changed, and he wanted to take a look at how the cap on spending had worked for the last 6 years in the city. Mr. Kleppinger said the Committee would gather information, compile it and present it to the Council with a recommendation from them on it so that the Council could take whatever action it wanted to and would be able to defend it. Mr. Jarvis moved that the City Charter Committee be requested to investigate, review, and offer recommendations to the City Council regarding Section 1309 of the Charter as it pertains to budget and tax limitations of the city Charter. Mr. Paulsen seconded the motion and it passed with Mr. Burgess voting no. Mr. Jarvis pointed out that the Committee was an advisory board and that they would come up with a recommendation and the reasons for it so the Council could back its decision up. Mr. Burgess then recinded his no vote and made the vote unanimous. Mr. Kleppinger said that any individual input would be appreciated and he asked the Council to direct people with concerns about the provision to the Committee to that they could talk about it. He said the first substantial meeting on it would be held October 19. Mr. Szymanski said that he recommended December 12 as the date for the referendum on the Charter Changes and a hearing had to be held not less than 20 days before that. Mr. Jarvis moved to accept those recommendations. The motion was seconded by Mr. Flaherty and passed unanimously. In other business Mr. Kleppinger said that the Committee has approved the wording of the Sign Ordinance item and considered the suggestion of the Library Trustees that they be included in the Charter. This he feels is a good idea. Mr. Farrar said the wording would be sent to the City Attorney and the Council would look at it in final form at the next meeting. Consider request of Disabled American Veterans for lease of a parcel of City owned land on Airport Parkway Mr. Robert Earley said the DAV would like to lease the parcel of land near the Airport Parkway sewer plant. He said they would put up a building with a temporary foundation so that it could be moved if the city wanted. Mr. Szymanski said the city took sand out of the back of that parcel of land, which would make it unstable. Mr. Earley said the city did not seem to have any parcels that would be good for putting up a temporary or permanent building for the DAV and welcomed suggestions if the Council had any. He said he would look into the land across the street. Resolution setting Landfill fees Mr. Farrar read the resolution (see attached copy). Mr. Burgess moved to sign the resolution. The motion was seconded by Mr. Paulsen and all members voted aye. Review Regional Council Articles of Association and Resolution Mr. Farrar said the Chamber of Commerce called a meeting of the heads of the area communities in an effort to see if there was any interest in a Regional Council. Potential articles of association were drawn up but are not adopted. The question before the Council now is whether they will sign the resolution and appoint a South Burlington representative or not. Mr. Farrar recommended that the city join. This body would meet periodically and would help community leaders keep in touch and learn what the others are doing, which might help solve common problems. It will also promote doing certain projects jointly. Mr. Paulsen asked for 2 more weeks to study the proposal and Mr. Farrar asked that any modifications to the articles that anyone thought of be written down so that the bylaws could be modified before they were adopted. Mr. Paulsen moved that the Council table action on this until the next meeting, now scheduled for Monday, October 16. Mr. Jarvis seconded the motion and all were in favor. First reading of amendments to the Sewer Ordinance Mr. Farrar read the ordinance. (see attached copy) Mr. Paulsen asked for some input from the Planning Commission regarding the city and State regulations. This item is on the Commission agenda for discussion October 3. Mr. Paulsen was not sure the first paragraph was necessary. Mr. Flaherty moved to table this item until the next meeting. The motion was seconded by Mr. Paulsen and passed unanimously. Review Zoning Board and Planning Commission agendas There were not any comments. Letter of resignation from the Zoning Board Mr. Farrar read Mr. Fred Fayette's letter of resignation from the Zoning Board. Mr. Flaherty moved to accept Fred Fayette's letter of resignation with regret and as of October 31. The City Manager is hereby instructed to prepare a letter of commendation for Mr. Fayette's services. Mr. Burgess seconded the motion and all were in favor. Mr. Flaherty asked that Mr. Szymanski advertise for the position and get out old applications for city posts. He also felt that letters of commendation should be sent to David Morency and William Wessel, formerly on the Planning Commission. The meeting was adjourned at 9:50 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.