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HomeMy WebLinkAboutMinutes - City Council - 07/20/1981CITY COUNCIL JULY 20, 1981 Correction Sheet Minutes of July 20, 1981 on page 3, the vote on "The Spokesman" should read 4-0, not 5-0, as only 4 members were present. The South Burlington City Council held a regular meeting on Monday, July 20, 1981 at 8:00 pm in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, John Towne, William Burgess Member Absent Martin Paulsen Others Present William Szymanski, City Manager; Ruth Poger and Pat Burgmeier, The Other Paper; Albert Audette, Street Department; Margaret Picard, City Clerk; Richard Ward, Zoning Administrator; Wayne Jameson, Bob Fournier, Tay Hardy, Judy Hurd, Fred Maher, Robert Irish, John Dinklage, Jeffrey Graham, Roberta Coffin, Jim Rowley, Joseph Obuchowski, Richard Trudell, William Finger, Miles Rice Mr. Burgess moved to move item #10 to the beginning of the agenda. Mr. Towne seconded and all were in favor. The applicants had requested this change so they would not be held up for a long time tonight. Meet as Liquor Control Board to consider a license Mr. Burgess moved to meet as the Liquor Control Board and Mr. Towne seconded the motion. It carried unanimously. Mr. Szymanski said the application was for Verny's Service Station, Morgan Stores, at 974 Shelburne Road, in the old location of Twitchell's. The request is for a second class license and the request has been approved by the fire and police chiefs. Mr. Flaherty arrived at this time. Mr. Burgess moved to sign the liquor license for Verny's Service Station, Inc. Morgan Stores. Mr. Towne seconded the motion and all voted aye. Mr. Towne then moved to adjourn as the Liquor Control Board and meet as the City Council. The motion was seconded by Mr. Burgess and carried 5-0. Minutes of July 6, 1981 The July 6, 1981 minutes were approved on a motion by Mr. Towne, a second from Mr. Burgess and a unanimous vote. Sign Disbursement Orders Disbursement orders were signed. Meet with City Attorney to discuss drafting of Peddlar's Ordinance Mr. Farrar said the question the Council had for the Attorney was one relating to the situation of a peddler setting up shop in a commercial area which is being used for one purpose and this is another purpose. He felt this was a violation of the zoning ordinance, which requires Zoning Board approval for multiple uses. In order to correct the violation, a letter is sent, giving 10 days to correct the violation, but by that time most peddlers have left. Mr. Farrar asked about proceeding with injunctive relief if the violation occurs over and over in the same location, even if the peddlers are different week to week. He asked if the city could proceed against the landowner or the person who runs the business in the location. Mr. Obuchowski said that was a reasonable short-term approach to the problem, but he mentioned two long-term approaches. One way was to have in the zoning ordinance some definitions and structures which would address themselves to temporary uses. There could be specific permit allowance procedures so the city could exercise control over these activities, Mr. Obuchowski said he would not be comfortable proceeding against this type of activity with the present ordinances. Mr. Burgess asked about tying together a series of 10 two-week peddling activities on a lot and Mr. Farrar asked whether it would be the landowner or the businessman on a particular lot who would be responsible for the activities' being allowed. He was told it would probably be both. Mr. Farrar asked Mr. Obuchowski if he was recommending amending the zoning ordinance to define what is prohibited as far as temporary uses. Mr. Obuchowski said that was correct. The other alternate is a version of the peddler's ordinance and one problem here is extending the regulation to cover private property. He said both alternates could be put in place. He added that Mr. Burgess' question about stringing a series of peddlers together was hard to call. He felt a court would say it was a series of separate incidents. Mr. Burgess made it clear that he was not interested in punishing anyone - he just wanted the activity stopped. He then asked whether the year-round garage and lawn sale activity would be better controlled by a peddler's ordinance or by strengthening the zoning ordinance. Mr. Obuchowski said those could be handled as improperly permitted home occupations, or they could be dealt with through the zoning ordinance. Mr. Ward felt the Council should decide what it wanted to control here. He said that if the uses were reviewed by the Zoning Board for multiple use approval, the board would want to know what kind of uses were going in and the landowner might not be able to tell them that. He asked whether the Council wanted to prohibit or just control the uses in question here. Mr. Flaherty felt the City Attorney should be asked to strengthen the zoning ordinance to prohibit the activities and to show the Council a proposed peddler's ordinance to regulate them. Mr. Burgess suggested the Council decide what it wanted to prohibit or regulate. Mr. Farrar said the Council wanted some stronger capability to regulate temporary multiple uses, which if they continued indefinitely would be a clear violation of the zoning ordinance. The temporary ones should be treated the same as the permanent ones, he said, and the other members agreed. Mr. Farrar said the Planning Commission would be requested to work with the City Attorney on this type of amendment to the zoning ordinance and the Council would work on a peddler's ordinance. Meet with Charter Committee to discuss their charges Mr. Jameson, Chairman of the committee, said his board would like to clarify the areas they had been requested to study. There seem to be 4 separate categories: 1) the size of the Council, 2) whatever the size is, should the membership will be divided into districts, 3) administration of the Water Department, and 4) should the city have a mayor. Mr. Farrar said those were the points, and he felt they were in the order of priority. Mr. Jameson asked about any target date for a vote or an initial report from the committee. Mr. Farrar did not want a deadline to be set, but said that to implement any of them this year, a vote should be set early enough so as not to confuse next May's election. It is possible there will be a vote in November on a bond issue for the Southern Connector. Mr. Jameson felt the Water Department question was a more technical question and could probably be easily dealt with, although it was a controversial question 10 years ago. Mr. Jameson noted that the 4 items the committee has been asked to study constituted about 50% of the material of concern to the drafters of the original Charter, and that took 4 years to write. The items mentioned were highly controversial then and could be again. He noted that the Council size and districting was tied to some extent to the mayor question and that a mayoral government could take as many forms as the mayors themselves. To study the question in depth would take a lot of time, effort, and testimony. The committee is concerned about how serious a question this one is. Mr. Jameson said the committee wanted to hold a public information hearing, tentatively set for Wednesday, August 12, at which time citizens could express their feelings on the items under consideration here. Mr. Jameson added that it was hard for the committee to consider general questions like should the board be larger. He said specific proposals were easier to evaluate. Mr. Burgess said that if the Council had given the committee too much to work on right now, the items could be broken up into priorities and studied one at a time. Consider an alternate method of distributing "The Spokesman" Mr. Szymanski said the city put out a monthly newsletter and had been doing so for the past 10 or 12 years. It is put in 14 distribution centers and about 1200 copies are printed per month at a cost of about $38 per month. Ruth Poger, from The Other Paper, has suggested that to improve circulation, a 1/2 page be taken in that paper for the Spokesman, at a cost of $100 per month. Ms. Poger said the paper's distribution was 5,000 and it goes to 4,026 housing units, plus city schools and other pick-up points. Mr. Farrar said it would be about 5 times the copies for about 3 times the price. Mr. Szymanski felt it was a good idea. Mr. Ward pointed out that residents of the southeast quadrant did not receive the paper and he wondered if they would now. Mr. Burgess moved to accept the recommendation of the City Manager to distribute "The Spokesman" through The Other Paper at a cost of about $100 per month. Mr. Flaherty seconded and the motion carried 5-0. Accept Resignation of Paul Graves from the Zoning Board of Adjustment Mr. Flaherty moved to accept the resignation of Paul Graves from the Zoning Board of Adjustment, on the appointment of a successor. Mr. Burgess seconded the motion and it passed unanimously. Mr. Szymanski was asked to send Mr. Graves a letter of thanks for his services. Continue consideration of Mitel sewage pumping station, and force main size Mr. Richard Trudell, Mitel's consulting engineer on the project, was present. Mr. Szymanski asked whether the 10 State Standards were followed here and was told they were. Mr. Trudell said the projected future flow from the quadrant was 226 Mgallons per day and that was projected on 387 acres of land zoned industrial with building coverage of 10% and employee occupancy of 1 per 350 sq. ft. as well as residential acreage of 115 acres, which could hold 76 units, and 158 acres which could be occupied by units at 3 per acre. They assumed that the 115 acres would contain 3-bedroom homes and the 158 acres would hold 2-bedroom homes. Taking total daily flows and considering peak flows, of 600 gallons per minute, a 6" main would be needed to keep the velocity at an acceptable 8' per second. A 4" main would give the city about 300 gallons per minute. Mr. Szymanski supported putting in the 6" main and Mr. Farrar felt that was reasonable. Asked about the sewage going septic, Mr. Trudell said there would be a one-day changeover and there would be 5,000 gallons storage in the 6" main, which is what Mitel is projected for when they get up to speed. He felt this was a safe time period. Mr. Burgess moved to accept the City Manager's recommendation of a 6" main. Mr. Towne seconded the motion and all voted for it. Sign Highway Department renewal note Mr. Szymanski said the note was for the landfill compactor. It is in the amount of $53,187 and carries an interest rate of 10.3%. Mr. Flaherty moved to sign the note. Mr. Towne seconded and all voted yes. Consider reducing speed limit on Hinesburg Road and consider full operation of traffic lights on Shelburne Road on Sundays Hinesburg Road - Mr. Szymanski said the limit was 50 mph in some areas now. It was agreed to set the speed at 35 mph from the intersection with Kennedy Drive all the way to the Cheesefactory Road intersection. The speed will change from 50 to 35 without stepping down (or up). The City Attorney will be consulted on the proper procedures for such a speed change, and if possible, it will be done next week. Shelburne Road - Mr. Farrar said traffic flows were getting heavy on Sundays now and that some pedestrians and drivers found it hard to get across the road. Having some of the lights operating would break the flow of traffic. Mr. Szymanski was asked to check into having the Bartlett Bay Road and Brewer Parkway lights operating on Sundays. Interview three candidates for the position of Assistant City Manager The three candidates interviewed for the position were Jeff Graham, Miles Rice, and Bill Finger. Review Planning and Zoning agendas There were no comments. Old business There were no comments. Consider making appointments to boards, commissions and committees Mr. Flaherty moved to appoint Richard Leopold and William Shearer to the Recreation Committee for 3 year terms. Mr. Towne seconded the motion and all voted yes. Mr. Flaherty then moved to appoint Alex Guyette to a 4 year term on the Zoning Board, Norman Campbell for a 3 year term on that board, and James McClary to fill the unexpired term of Paul Graves on the Zoning Board. That term will expire in 1983. Mr. Burgess seconded the motion and none were against it. The meeting was adjourned at 10:15 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.