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HomeMy WebLinkAboutMinutes - City Council - 04/23/1979CITY COUNCIL APRIL 23, 1979 The South Burlington City Council held a meeting on Monday, April 23, 1979 at 7:30 p.m. in the Conference Room, City Hall, 1175 Williston Road. Members Present Michael Flaherty, Vice Chairman; Kenneth Jarvis, William Burgess, Martin Paulsen Member Absent Paul Farrar, Chairman Others Present William Szymanski, City Manager; Bruce O'Neill, Recreation Director; Sandy Kleppinger, Lowell Krassner, John Mitchell Reading of April 16, 1979 minutes Mr. Paulsen moved to approve the April 16, 1979 minutes. The motion was seconded by Mr. Burgess and passed with all in favor. Disbursement orders Disbursement orders were signed. Public hearing on proposed amendments to City Charter re: ordinance adoption procedures Mr. Burgess moved to dispense with the reading, since at the time there were no members of the public present. Mr. Paulsen seconded the motion and all voted aye. Mr. Burgess then moved to close the public hearing. Mr. Paulsen seconded this motion and it passed 4-0. Consider acting on Interim Zoning applications Mr. Chastenay for an auto parts store at 35 White Street Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Edmund Chastenay, 97 Hinesburg Road, South Burlington, Vermont allowing for the operation of a wholesale-retail auto parts business at 35 White Street, according to the proposed record, based on the following findings and subject to the following stipulations: Findings The proposed use is consistent with the health, safety and welfare of the City of South Burlington and standards 2, 3, and 4 of Section 5 of the Interim Zoning Regulations. The proposed use is consistent with standards 1 and 5 based on the evidence presented by the applicant. Stipulations That this proposal conform to the site plan review provisions set forth in the City's zoning regulations. That the hours of operation be those stated by the applicant. Any change in hours of operation is subject to approval by the City Council. Mr. Paulsen seconded the motion and it passed 4-0. Coburn-Fesley and Cooper for an office building at 1775 Shelburne Road Mr. Burgess moved to table this item until May 7, at which time the City Attorney will have a suggested motion including findings of fact. Mr. Paulsen seconded the motion and it passed without dissent. Make appointment to Fine Arts Committee Mr. Jarvis moved to appoint Diana Snyder to the Fine Arts Committee. Mr. Burgess seconded the motion and all were in favor. The City Manager will send letters to both applicants informing them of the appointment. Review tax penalty waivers Mr. Szymanski gave the Council a list of all tax penalties incurred and explanations for them. The Council had no objections to waiving the penalties. Review Zoning Board and Planning Commission agendas There were no comments. Review and consider for first reading an ordinance regulating conduct in City Parks and the trail system The Council considered a document entitled "Ordinance Regulating Conduct in South Burlington Parks". They made the following comments. Mr. Burgess asked that Section 1E be checked with the City Attorney. He wanted to be sure this ordinance did not nullify the Red Rocks ordinance. The Council wanted to retain that ordinance and asked that the City Attorney look into it. Recreation Director O'Neill will also look into the problem. Mr. Burgess also wanted the City Attorney to look over Section 2B. He was not sure this section was legal, feeling it might be an abridgement of freedom. Mr. Paulsen moved to add to Section 2E the following sentence: "Firework displays may be permitted by permit." Mr. Burgess seconded the motion and all voted aye. Mr. Burgess then moved to add to Section 4A the following sentence: "There will be no fires on the Trail System." Mr. Paulsen seconded the motion and all were in favor. Mr. Burgess moved to amend Section 7A to read as follows: "No domestic animals are permitted within park boundaries unless under the control of the owner." Mr. Paulsen seconded the motion and it passed unanimously. Mr. Burgess moved to add the following to the last sentence: "unless specifically authorized in writing by the Recreation Director or City Manager." (This amends Section 7C). Mr. Paulsen seconded the motion and all voted yes. This amendment deals with firewood cutting and removal. Mr. Paulsen moved to amend Section 9B to read that application shall be made to the Recreation Department "prior to" the proposed activity date. The motion was seconded by Mr. Burgess and passed unanimously. Mr. Paulsen then moved to add to Section 9C the word "and" after the words "the date of". Mr. Burgess seconded the motion and it passed without dissent. Mr. Jarvis moved to add the words "or his designes" after the words "Recreation Director" in Section 9D. Mr. Burgess seconded the motion and it passed 4-0. Mr. Burgess then moved to add the words "City Manager or" after the words "Recreation Director to the" in Section 9H. Mr. Paulsen seconded the motion and it passed unanimously. Mr. Burgess then moved that the second sentence in Section 10A read. "Each violation shall constitute a separate offense." Mr. Paulsen seconded the motion and all voted aye. Mr. Szymanski was asked to check with the City Attorney to see if the city could pass an ordinance for school property and vice versa. Liquor Control Board Mr. Paulsen moved to adjourn the City Council meeting and reconvene as the Liquor Control Board to consider liquor licenses. Mr. Burgess seconded the motion and all voted aye. Mr. Szymanski said the Fire and Police Chiefs had looked at the licenses for St. Gambri's. The Swiss Pot, Howard Johnson's, Ground Round, Old Board, Bonanza, and Pizza Hut and found nothing wrong. He also said he checked with the City Attorney on the infringement of the Hot Spot's parking lot on the neighboring property, but that the Attorney said the city had no part in enforcing convenants on land. The city can, however, make restrictions on the parking lot a condition of a liquor license. Mr. Burgess moved to approve the liquor license of the Hot Spot on the condition that he restrict parking to the land owned by the Hot Spot. Mr. Paulsen seconded the motion and it passed unanimously. Mr. Burgess then moved to approve the liquor licenses as submitted by the City Manager and approved by the Fire and Police Chiefs. The motion was seconded by Mr. Paulsen and passed with all voting aye. Mr. Paulsen then moved to adjourn the Liquor Control Board meeting and reconvene as the City Council. Mr. Burgess seconded the motion and all were in favor. Other business Mr. Flaherty expressed his concern that developers in the city were not adhering to conditions of approval imposed on them by the Planning Commission. The case in point was the Burlington Savings Bank at the corner of Williston Road and Kennedy Drive. The curb cut on Kennedy Drive was to be right turn in, right turn out only and signs were to be placed to that effect. These signs have not been erected. Mr. Szymanski said the city had money in escrow for that. Mr. Flaherty felt those signs should be put up now and that if the developer wanted the city to review the status of that cut, he should have the signs put up first. He asked the City Manager to see what the City Attorney thought of the question and whether the cut could be closed if the signs were not erected. Mr. Burgess asked the City Manager to include a discussion of the Meadowbrook Condominiums on Joy Drive on the next agenda. There is a water main problem there. Mr. Burgess also said that Mr. Farrar had received a letter from Ronald W. Feldman of the Regional Planning Commission stating that if the city wished to comment on Winooski's application for federal funding for low income housing in South Burlington, it should do so by April 24. He asked the City Manager to talk to Mr. Feldman tomorrow and ask for a copy of the grant approval and for a two week extension of the period allowed for comment. The letter was sent from Regional Planning on April 17. If a two week extension is not possible, Mr. Burgess said, he would like the City Manager to put in letter form what has taken place on this issue in the city already. Mr. Paulsen asked about progress on the subsurface sewage disposal regulations and said the State had to approve them before the city could adopt them. The meeting was adjourned at 8:45 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.