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HomeMy WebLinkAboutMinutes - City Council - 08/30/1982CITY COUNCIL AUGUST 30, 1982 The South Burlington City Council held a regular meeting on Monday, August 30, 1982, at 8:00 P.M. in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, Leona Lansing, Hugh Marvin, William Burgess Others Present William J. Szymanski, City Manager; David Minnich, Assistant City Manager; Sidney Poger, Planning Commission; Margaret A. Picard, City Clerk; Dick Underwood, City Assessor; Pat Burgmeier, The Other Paper; Clement C. Kirby, Elizabeth W. Kirby, Shirley Murray, Charles Murray, Helen M. Irish, Palmer R. Irish, Harvey Ruel, Maurice P. Cloutier, Geraldine Tucker, Lillian & Malcolm Gee, Patricia Starr, Carolyn Butterfield, Harvey D. Butterfield, William Shearer, Jane Shearer, Kathy Bruhn, Paul Bruhn, Mary Alice Irish, Bob Irish, T. R. Irish, David Webster, H. Farmer, W. R. Eckhardt, Demetrios Michaelides, Bruce B. Butterfield, Arthur J. Rideout, Genevieve Rideout, Mary Silverman, Elizabeth Edwards, Francis Campbell, Jane Campbell, Barry Carris, Albert Audette, Patricia Collins, James P. Collins, Maureen C. Henry, John E. Hausner, Bob Marcellino, Dick Reed, Shelley Snyder, Gloria Aiken, Jeffrey A. Miller, Chuck Bolton, Michael Weissman, Donna Weissman, John H. Belter, George Mona, Planning Comm. Read Minutes of Regular Meeting of August 18, 1982 Minutes were amended to show Diane Geerken being interviewed for the Zoning Board and not the Planning Commission. Mr. Burgess moved to approve the City Council Minutes of August 18, 1982, as amended. Mr. Marvin seconded the motion with unanimous approval. Sign Disbursement Orders Disbursement Orders were signed. Public Hearings A) Application of Charles & Janet Perkins for converting an existing dwelling into a motel-restaurant complex at 916 Shelburne Road (former Lindenwood Motel) Mr. Marvin moved to withdraw the application upon request of applicant. Mr. Burgess seconded with unanimous approval. B) Application of UVM for erecting two silos 60 feet and 90 feet in height at Research Farm on Spear Street Bob Sinclair, Dean of the College of Agriculture, UVM, spoke on behalf of the application. He indicated that the wood silo at the dairy barn had deteriorated and has been torn down. They have been negotiating with Harvestor Co. for purchase of two new silos. Since there has been a change in the feeding program, there is a need for a larger silo in addition to one of the same size as existing silos. The two new structures would go directly beside existing buildings. No neighboring property would be interfered with. Mr. Farrar asked what alternative would exist if the Council did not approve the application. Dean Sinclair indicated they would have to dig another trench silo. Mr. Burgess then questioned the fire hazard. In a 90-foot silo, there is no way the fire department could reach the top to fight a fire. Dean Sinclair indicated the silos would be anaerobic and that he has never heard of a fire in a Harvestor silo. John Belter of Ethan Allen Farms said that if a fire does start, one closes all hatches and injects nitrogen from the bottom. The fire then puts itself out. Mr. Farrar asked if the 90-foot silo could not also be 60 feet. Dean Sinclair replied that Harvestor is giving the best deal on the 90-foot silo and they also need the capacity. Mr. Marvin moved to approve the application of UVM for two silos, 60 feet and 90 feet, at the Research Farm on Spear Street. Mr. Flaherty seconded. Mr. Farrar questioned if the request was consistent with zoning regulations and Mr. Minnich replied that it was. The motion was approved 4-1 with Ms. Lansing opposing. Read Letter of Resignation from James R. Ewing of the Planning Commission. Mr. James R. Ewing's letter of resignation from the Planning Commission was read. Mr. Flaherty moved to accept Mr. Ewing's resignation with appropriate thanks. Mr. Burgess seconded with unanimous approval. Interview applicants for appointments to Boards and Commissions The Council interview the following applicants: a) Barry Carris for appointment to the Zoning Board. Mr. Carris indicated he would accept another appointment if the Zoning Board were not available. b) Mrs. Shelley Snyder for the Natural Resources Board or the Planning or Zoning Boards. c) Mrs. Gloria Aiken for the Natural Resources Board. d) Mannie Schecter for the Recreation Committee e) Charles Bolton for the Airport Commission. f) Roland Sutton for the Fire Department Advisory Board. Continue Public Hearing on proposed revisions to City Zoning Regulations and Comprehensive Plan Ms. Lansing moved to rezone the Bartletts area from Holmes Road to south of Bartletts Bay Road and from the railroad tracks to the lakeshore to R-1. Mr. Flaherty seconded. Mr. Marvin cited the damage done to the area by the condominium project and indicated that keeping the area at R-3 would add to the problem. He also cited the need to protect the wooded area and to screen off housing from the sewage plant. Ms. Lansing indicated that the larger the lots, the better the drainage situation. Mr. Poger indicated that the Planning Commission is looking into a study of the drainage problem of the whole area. Representing the homeowners of the Bartletts Bay area, Rev. Harvey Butterfield read a statement urging the Council to vote the R-1 revision. Ms. Maureen Henry, one of the co-owners of the land spoke for the retention of the current zoning. She indicated that it was her grandfather who gave the City the land for the sewage plant and that her family has refused money for right-of-way and multi-unit dwellings. She believes R-3 zoning is in keeping with the character of the land would not be a detriment to the area. Mr. Bob Marcellino of Homestead Developers cited potential benefits to the area if their development is allowed to occur. He indicated that if the land is rezoned R- 1, the land will remain undeveloped and the City will have to pay for access road; if R-3 zoning is allowed, the developer will provide at least 300-400 feet of an access road. He indicated that his company has a plan to solve the drainage problem for current residents as well as new potential residents. Mrs. Henry then indicated that she feels the Collins family is being penalized for not selling their land earlier. Other land in the area has been developed for condominiums. Their profit would be minimal compared to the profit for less than an acre for the condominium right-of-way. Mr. Marvin called the question, and the motion to rezone the area as R-1 received unanimous approval. Discuss industrial zoning a portion of the Belter Farm on Ethan Allen Drive. The Belter farm is currently zoned for agricultural use as an agricultural flood plain. However, a portion of that area is not in the new federal definition of a flood plain. The choices available for this area are: agricultural, residential, or industrial. Mr. Poger indicated that it would seem more sensible to zone the area as industrial since any residential development would be affected by air traffic in the area. The Planning Commission recommended that the area be developed as light industrial. Mr. Belter indicated that approximately 70 acres is involved, and that the area lies northwest of Country Club Estates and Northeast of the airport runway. Ms. Lansing asked what kind of sewer and water facilities are available. Mr. Poger indicated that there was water but no sewer facilities. Mr. Belter said that they are considering on-site sewage disposal facilities. Mr. Marvin moved to rezone the area in question as industrial similar in character to Berard Drive, with specifics to be determined when the City Planner returns. Mr. Flaherty seconded. The motion was passed 4-1 with Ms. Lansing dissenting in the interest of retaining agricultural land. Discuss Lakeshore Development Mr. Poger indicated that the Planning Commission would like to create a separate zone under the designation "Lakeshore," with a special development plan to include residential and commercial that is related to the Lake area (a possible convention center, hotel/motel, restaurant, etc.). Development would be designed so that a larger area would be left open as a focal point for the city. Mr. Krasner of the Natural Resource Committee spoke for the plan indicating that it is possible to have a good commercial development and still have access to the Lake for the public. He said the plan is an excellent way to provide a public service, good commercial development, and public access to the Lakefront. He said that the value of the development would be so great that a developer would put in an access either under or over the railroad tracks. Mr. Poger stressed that this property must have an entire development plan in order to provide the most benefit to the City and to a developer. Mr. Flaherty then moved to continue the zoning question until the meeting of September 20th. Mr. Burgess seconded with unanimous approval. Discuss Reappraisal Mr. Minnich reviewed the Council's request for information on a reappraisal system based on an index system. Regarding the mechanics of such a system, he indicated the he and Mr. Underwood had reviewed the Keene, N.H. system and also the system of Pittsburgh, PA. It was his feeling that the best method of appraisal would be an in-house appraisal by our people who know the City. He said such an appraisal could be completed in 2 1/2 years. He indicated they were not suggesting appraisal by statistical sample since it would be hard to justify to a property owner why his appraisal was changed if it was never assessed. Mr. Farrar said the law requires 100% valuation every year. Mr. Minnich agreed, noting that the law provides no mechanism for appraisal. Mr. Burgess said he was not convinced that an indexing system wouldn't work if properly designed. Mr. Farrar indicated that new appraisals must be completed for the 1984 tax bills and that the Council must be notified by February, 1984 if this cannot be accomplished. An extra person for appraisal was suggested as a means of accelerating the process. Mr. Flaherty recommended that in an index system groups must be kept small in order to avoid problems. Mr. Farrar suggested that zoning boundaries might be one possibility. Mr. Minnich said they would proceed with investigation of such a system. Review list of Tax Penalty Abatements Mr. Flaherty moved to accept the list of Tax Penalty Abatements. Mr. Burgess seconded with unanimous approval. Liquor Control Board Mr. Flaherty moved the City Council meet as the Liquor Control Board. Mr. Burgess seconded with unanimous approval. Mr. Burgess indicated his concern about granting permits to locations where the City has no control over such hazards as fire. Other members echoed his concern. Mr. Flaherty moved to grant temporary liquor for a wedding party at the K of C Hall and a cocktail party catered by Sheraton Inn at the offices of E.F. Hutton Co, pending approval of the Fire Chief at the E.F. Hutton site. Mr. Burgess seconded with unanimous approval. Mr. Flaherty moved to reconvene as the City Council. Mr. Burgess seconded with unanimous approval. Discuss the installation of a 12-inch sewer pipe to serve a portion of Swift Estates. Mr. Peters obtained two proposals for approximately 600 feet of four-inch pipe: $5,400. and $5,450. Since the total for a twelve inch line would be $28,000, the difference would be $22,000. Mr. Flaherty suggested that other residents who might be forced to hook onto the new line should have the opportunity to voice their opinions before a decision is made since it is an expense they may not wish to incur. Mr. Szymanski said he would contact those affected. Consider Kiwanis request for waiver of fee for outdoor hockey rink. Mr. Flaherty moved that since the Kiwanis is a service organization the building fee for erecting an outdoor hockey rink be waived. Ms. Lansing seconded with unanimous approval. Timing of Traffic Lights on Shelburne Road Mr. Marvin suggested that in the interest of improved traffic flow on Shelburne Road, the City Manager contact the State Agency of Transportation and recommend re-timimg the traffic lights. Mr. Szymanski said that he would make such an inquiry. Consider going into Executive Session to review the applicants for City Boards and Commissions. Mr. Flaherty moved that the City Council go into Executive Session for the purpose of discussing appointments to City Boards and Commissions. Mr. Burgess seconded with unanimous approval. The City Council reconvened Regular Session at 11:30 P.M. Mr. Marvin moved to accept the following appointments as proposed in Executive Session, with Mr. Flaherty seconding the motion and all in favor: Howard Perkett, one-year appointment to the City Charter Committee; Fred Blais reappointed to a four-year term on the Zoning Board; Mary-Barbara Maher to fill the unexpired term until 1983 on the Zoning Board; Gloria Aiken appointed to the three-year term until 1985 on the Natural Resources Committee; Roland Sutton to the one-year term on the Fire Department Advisory Board; Albert Audette to the one-year term as Civil Defense Director; Robert Chittenden as Assistant Civil Defense Director for one-year, and Vincent D'Acuti reappointed to the Burlington Airport Commission for one-year. Request of City Hall Employees Mr. Minnich informed the Council that City Hall Employees' Contract allows twenty days early retirement for up to twenty years of service, with two additional days for every year of service thereafter. Employees would like to amend this to fifteen years. The Council decided to postpone discussion of this request until next year since there are no employees retiring this year. Mr. Flaherty moved to adjourn the meeting. Mr. Burgess seconded with unanimous approval. The meeting adjourned at 11:45. P.M. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.