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HomeMy WebLinkAboutMinutes - City Council - 01/08/1979CITY COUNCIL JANUARY 8, 1979 The South Burlington City Council held a meeting on Monday, January 8, 1979 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty (late), Martin Paulsen, William Burgess, Kenneth Jarvis Others Present William Szymanski, City Manager; David Wright, Margaret Boehm, Sandra Costes, Steward McConaoghy, Robert Methot, Themas and David Farrell, Andy Potter (WJOY), Robert Walsh, Gregory Mahler Addition to agenda The following item was added to the agenda: 1. Meet as the Liquor Control Board to consider a liquor license Minutes of December 18, 1978 It was moved by M. Paulsen and seconded by W. Burgess, to accept, the December 18, 1978 minutes. The motion passed with all in favor. Disbursement orders Disbursement orders were signed. Interview Gregory Mahler for appointment to Natural Resources Committee Mr. Mahler was not present so the item was delayed. Hearing of disposition of dog identified as wounding sheep. W. Szymanski read from the police report of the incident. He said that the police had received a complaint from the Farrell residence at Allenwood by Mitchell Farrell that dogs were attacking his sheep. There were 3 dogs there but only two were in the sheep pen doing damage. One sheep was seriously wounded and some others were also wounded, but not so badly. The police went to Queen City Park where Mr. Farrell identified the dogs. One was captured and taken to Goldset Kennels where it was destroyed at the request of its owner. The second dog in the pen, which belongs to David Wright and Margaret Boehm, was also taken to Goldset Kennels and is being held there now. W. Szymanski said that State statutes say that any dog which wounds sheep or other domesticated animals must be destroyed but that the City Attorney had recommended that the city hold a hearing on this dog, which has been identified as one of the three animals. The third dog was not in the pen and was not picked up because it did not do any damage. W. Szymanski noted that the city had been involved in a similar incident about a year ago and that the owner had been allowed to take the offender out of the area. David Wright said, that he regretted that the dog had done this but pointed out that he had never seen sheep before and so could not have been trained not to chase them. He noted also that the dog had a tendency to roam and that he might go back to the scene now that he knows where the sheep are. He said he had a friend in Westford who was willing to take the dog. D. Wright said he was willing to pay for 1/2 of the damage. P. Farrar said the decision as to who will pay for the damage, the city or the dog owner, was up to the sheep owner. M. Paulsen moved that the dog owner be required to remove the dog from the city of South Burlington and to not return him. If the dog returns to the city, he will then be destroyed. The motion was seconded by K. Jarvis and was then amended to add: That the owner of the dog pay to the owner of the sheep, 1/2 of the reasonable damage to the sheep, if the sheep owner so requests. The amendment passed with 4 yes votes and one abstention from M. Flaherty who had arrived in the middle of this item. The motion passed with 4 votes and one abstention from M. Flaherty. Mr. David Farrell spoke for the family and said that they had no objection to the disposition of the dog in question. He was told that he could inform the City Manager within one week of his intention to ask the city or the dog owner for the damages but replied that he did not think they would be asking the city for the money. Consider adjusting City Dog License Fees to rates comparable to those authorized by State Statutes W. Szymanski said that the city currently sets its fees at $4 for a male, $4 for a spayed female, and $8 for a female. State statutes allow $4 for a male, $6 for a neutered male, $4 for a spayed female, and $8 for a female. He said the Clerk had requested that the city adjust its fees to be $4 for a spayed female or neutered male, and $8 for a male or female. W. Burgess moved to authorize the City Clerk to adjust the city dog license fees to read $4 for a neutered male or spayed female and $8 for all other dogs. M. Paulsen seconded the motion and it passed 5-0. Act on pending Interim Zoning Applications Farrell Distribution Center north of Holmes Road and east of the railroad tracks K. Jarvis moved that the South Burlington City Council approve the Farrell conditional use application based on the following findings of fact and subject to the following conditions: Conditions 1. No portion of any structure shall be constructed or maintained by the applicant, or his heirs, successors and assigns within 100 feet of the edge of the railroad right-of-way. 2. Approval is limited to the use proposed and shall expire six months from this date (for commencement of the use). Findings of Fact 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington and Standards one, two, three, four and five of the Interim Zoning Regulations, provided that Condition No. 1. as set forth above, is imposed. 2. Standard No. 4 of the Interim Zoning Regulations would be violated if Condition No. 1 were not imposed. 3. The spirit of the preamble of the Interim Zoning Regulations could be violated if the applicant were to construct a structure within 100 feet of the edge of the railroad right-of-way in that the City would be unable to provide for the orderly physical and economic growth of the community. 4. The location of a structure within 100 feet of the edge of the railroad right-of-way would seriously hamper the City's ability to resolve and correct the problems reflected in Findings of Fact Nos. 5, 6 and 8 which are attached to the City's Interim Zoning Regulations and incorporated in the preamble of the regulations. 5. The intent and spirit of Finding No. 23 attached to the Interim Regulations would also be violated if the applicant were permitted to build a structure within 100 feet of the edge of the railroad right-of-way. In particular, the concept of a transportation corridor as contained in Chapter IX (4) of the City Charter would be impossible to implement. 6. As reflected in Finding No. 21 attached to the Interim Zoning Regulations, the primary purpose of the Interim Regulations is to preserve the status quo to provide the City with sufficient time to conduct studies and enact amendments to the master plan and by-laws. One of the major concentrations of the studies presently being conducted by the City is the feasibility of constructing a Southern Connector. The plans for a Southern Connector would be seriously hampered if the applicant were to construct a building within 100 feet of the railroad right-of-way. 7. The applicant has not satisfied his evidentiary burden by demonstrating to us that his proposed distribution center must be located within 100 feet of the edge of the railroad right-of-way. We conclude from the testimony that the proposed use may be located on other lands of the applicant without seriously hampering the applicant's ability to realize a reasonable return for his investment. W. Burgess seconded the motion. M. Flaherty asked, whether the 100' setback was enough to allow the Connector to go in on the route that is presently planned but that is not known. He noted that if 100' was not enough, the city was going to be in a bad position. P. Farrar felt personally that 100' was the minimum necessary, and W. Burgess felt it might be less than needed. P. Farrar said this business wanted a railroad access and that the Connector would have to go over or under such an access. After looking at a plan of the building and a contour map, it was determined that the building could be pushed 50' farther from the right of way without changing the grade. In other words, the building would be on the same contour line at 100' from the tracks or 150' from them. A motion to amend the figure of 100' to 150' was made and accepted by the motion maker and the seconder. The amended motion passed with M. Flaherty voting no. Pappas Restaurant on Shelburne Road W. Burgess moved that the South Burlington City Council approve the conditional use application of Nicholas and Sara Pappas, 1080 Shelburne Road allowing for the construction of an addition containing 5,970 square feet, according to the plan of record, based on the following findings and subject to the following stipulations: Findings 1. The proposed addition 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. 2. The proposed addition is consistent with standards 1 and 5 based on the evidence presented in a traffic impact study by Bruno Associates, that the proposed expansion will not significantly affect the traffic flow or the safety at the existing access points. Stipulations 1. That the proper traffic control devices (islands and directional signs) shall be installed. The location and design to be approved by the Planning Commission at site plan review. 2. That all proposed drainage work shall be approved by the City Engineer. 3. That a performance bond be posted for all site improvements (curb work and landscaping). M. Paulsen seconded the motion and it passed with all in favor. Interview Gregory Mahler G. Mahler said that he had just moved to Vermont from Denver, Colorado and that he taught political science at the University of Vermont. He said he was not an expert in natural resources but that he had been involved in Denver's growth problems and urban planning and politics. He said he was concerned about maintaining the natural resources that exist in this area and wanted to get involved in his new community. M. Flaherty moved to appoint Gregory Mahler to the Natural Resources Committee. K. Jarvis seconded the motion and it passed unanimously. Review Planning Commission and Zoning Board agendas There were no comments on the agendas. M. Flaherty asked where the city stood on the sign ordinance and was told by W. Szymanski that within 60 days of the vote anyone could petition for a legislative review or the Attorney General could do so. If such a petition is received by the Legislature more than 30 days before they adjourn, they have to act on it in that session, and if it is received less than 30 days before they adjourn they must take it up in their next session. After the 60 day period, the ordinance becomes law. M. Flaherty felt the city should ask the City Attorney about when they could begin to implement the ordinance. Meet as Liquor Control Board W. Burgess moved to adjourn as the City Council and meet as the Liquor Control Board. M. Paulsen seconded the motion and all were in favor. W. Szymanski said that he had an application for a first class license for Big Ben Pizza Pub at 992 Shelburne Road because of a change of ownership. The fire and police chiefs have reviewed it and see no problems. W. Burgess moved to approve the first class liquor license for Big Ben Pizza Pub on Shelburne Road. M. Paulsen seconded the motion, which passed with all voting aye. The meeting was adjourned at 8:30 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.