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Minutes - City Council - 07/19/1982
CITY COUNCIL JULY 19, 1982 The South Burlington City Council held a Regular Meeting on Monday, July 19, 1982, at 8:00 P.M. in the Conference Room, City Hall, 575 Dorset Street. Members Present: Paul Farrar, Chairman; William Burgess, Hugh Marvin, Leona Lansing. Member Absent Michael Flaherty Others Present William J. Szymanski, City Manager; David Minnich, Assistant City Manager; Bill Peters, Frank and Norma Pichon, Lou Kleh, John Belter, Carl Cobb, Divid Spitz, City Planner; Sidney Poger,Chr., George Mona, Planning Commission; Nancy Boardman, Roy W. Bell, B.K. Simpson, Gerry and Bob Poulin, F.E. Boergea, Pat Bergmeier, Other Paper; Blake and Silas Axtell, Lloyd Krassner, Arthur Greenblott, Elaine Paquette, Margaret Picard, City Clerk; Gloria Yandow, Bookkeeper; Albert Audette, Street Department Superintendent. Swift Street Sewer Mr. Szymanski continued the discussion of June 30, 1982 by presenting information on financing sewers at Swift Estate. The State of VT. indicated the earliest they could finance this project would be 1990 and only if two thirds of the development was in existence prior to October, 1972. Mr. Szymanski stated, he did not feel that this project would qualify under the state regulations. The total cost of sewering the area if the line were placed behind the homes at Swift Estates would be $209,000, versus $109,000 if the line were placed under the street. Using the least expensive alternative, in the street, and the City contributing $34,000 for the pipe oversizing for future expansion, the tax rate this year would be $1.11 on the Grand List. The first year's assessment assuming a $65,000 assessed home and a twenty year amortization of the outstanding debt for the project, the homeowner would pay $720.00. Mr. Marvin suggested some may want to pay all of this at once rather than paying yearly and this should be explored further. Mr. Frank Pichon asked whether the owners at Swift Estates had some say in sewering the area. Mr. Farrar stated the Council would be open for any input from the neighborhood association. However, if the City Council decided to install sewers those homeowners adjacent to the line would by law be obligated to hook on. Mr. William Peters suggested, being that it was his home which does not have an accepted on site septic system, the City could bring the sewer line just to his property which would be 650 feet of new sewer piping. This would pass only one other homeowner, requiring them to hook on to the line. The Council felt sewering for just one or two homes may set a dangerous precedent when similar requests would be made in other areas of the City. Mr. Frank Pichon requested prices for lines from the existing manhole to the first paved area, for cutting up the streets for a ten inch line, and the lateral off the ten inch line. The Swift Estates Association with these options will review the issue. Mr. Szymanski said he will provide this information with financing costs for twenty years, ten years, five years and one year. Approval of Council Meeting Minutes Mr. Burgess moved to approve the Council Minutes of June 2nd, 7th, 14th, 24th and 30th, 1982. Mr. Marvin seconded the motion with unanimous support. Proposed Zoning Regulations The City Council reviewed the City Planner's Memorandum dated July 16, 1982 on agricultural use in the southeast quadrant, as was requested by the Council at their June 30, 1982 meeting. Mr. David Spitz, City Planner, indicated under his proposed policy there would be a requirement for clustering such that one-third of the land would be left open for agricultural use. In the other areas clustering would be allowed, but would not necessarily be required for agricultural purposes. He recommended that this agricultural land need not be contiguous to other open spaces. Mr. Marvin stated, he would not like to see the City of South Burlington own the land as proposed in Mr. Spitz's memorandum. He felt farming around residential areas would be unacceptable to the public. Mr. Burgess moved to adopt the first part of Mr. David Spitz's revised memo dated July 16, 1982, entitled Agricultural Land Use Policy, South Burlington. This motion was seconded by Ms. Lansing, and three council members voted for it and one against it. The Council reviewed current and proposed definitions for planned industrial areas, multiple uses, minimum lot sizes, density and coverage, residential, commercial and industrial areas. Mr. Marvin moved the planned industrial development include a provision that average lot size be ten acres with a minimum of five acres. The motion was not seconded. Mr. Burgess moved that in planned industrial development areas the average lot size be twenty acres and the minimum lot size be ten acres. The motion was not seconded. Mr. Burgess moved to continue this discussion at the next Council Meeting scheduled for August 2, 1982 at 8:00 P.M. Ms. Lansing seconded the motion and all voted for it. Commendation for Howard Perkett Mr. Burgess moved to sign the commendation for Howard Perkett, who served on the City Council. Mr. Marvin seconded the motion and all voted for it. Resignation of Donald Tetzlaff Mr. Burgess moved with regret, to accept the resignation of Donald Tetzlaff, from the Library Board of Trustees. Ms. Lansing seconded the motion and all voted for it. Health Insurance Mr. Minnich recommended to change the City's Health Insurance Carrier. All benefits, services and claims processing will be identical to what is currently in effect. Mr. Burgess moved to change the City's Health Carrier from Blue Cross/Blue Shield to the Vermont League of Cities and Towns Health Trust Plan administered by Connecticut General, effective August 1, 1982. Mr. Marvin seconded the motion and all voted for it. Police Officers Bill of Rights Mr. Burgess had two concerns with the Police Officers Bill of Rights as presented in a letter from the City Attorney. He was concerned with sending officers home on sick leave who were suspected of recently consuming alcohol. He suggested sending them home without pay. Secondly, he questioned who was to determine the unreasonableness of ordering a breath test for alcohol. The proposed Bill of Rights states that police officers cannot unreasonablely be ordered to take such tests. Mr. Minnich replied to the second concern. He said there are two aspects to having recently consumed alcohol. There are criminal penalties, and City rules prohibiting consumption while on duty. If criminal charges are pending the officer may be ordered to take the breath test as is the case with other citizens, experiencing similar prosecution. If internal City rules are being violated the officers have, (if this policy is adopted) the right to refuse to take a breath test. State Law prohibits criminal charges from being made until certain alcohol contents standards are reached. City rules prohibits having any alcohol consumption affects while on duty. Ms. Lansing and Mr. Marvin concurred with these concerns. Mr. Farrar felt sending officers home with pay, but on sick leave, pending an investigation was a reasonable process. He did not feel sending them home with pay would be a better alternative. Mr. Minnich stated that sending the officers home without pay was unacceptable to the Police Association during the discussion of the Police Officers Bill of Rights. Mr. Burgess moved to invite the Police Association to a future Council Meeting to discuss these Bill of Rights. Ms. Lansing seconded the motion and all voted for it. Fiscal Year 1981-1982 Budget Reappropriations Mr. Minnich presented the final disbursement ledger for the fiscal year ending June 30, 1982. He recommended transferring some funds so as to balance the budget. Mr. Burgess moved to: (1) Increase the appropriation of the Council Account by $137,200, financed from fund balance, (2) increase the appropriation of the Fire Department by $32,700 financed from fund balance, (3) transfer the appropriation of $7,100 from the Police Department to Parks and Recreation Department, (4) transfer the appropriation of $7,200 from the Police Department to the Highway Department, (5) increase the appropriation of the Highway Department by $20,400 financed from fund balance, (6) recind the City Council action on June 30, 1982 for disbursing $12,838.70 from the Land Acquisition Account #001-02092-00-26 to the reserve account for Open Spaces, (7) disburse $3,976 from the Land Acquisition Account # 001-02092-00-26 to the reserve account for Open Spaces. At 11:45 P.M. Mr. Burgess moved to adjourn the meeting, Mr. Marvin seconded the motion and all voted for it. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. Revised 7/16/82 DHS 0 Aqricultural Land Use Policy - South Burlington I. Aqr icultural and Rural Residential District A. This portion of the policy is intended to apply to all proposals for residential developnt in the AgR district. B. The policy is intended to allow reasonable residential development at permitted densities in conjunction with preservation of open land for potential agricultural use. C. In conjunction with an application for a planned unit development, an applicant shall suhit a land capability analysis. The analysis shall include at least the following : 1) Identification of areas considered to be undevelopable due to location within conservation or floodplain districts or other reasons. 2) Identification of areas with scenic overlooks or other spcial aesthetic qualities. 3) Identification of all soils in the "high" or "good" agricultural catqories (as identified by the State) plus all Covington soils. D. The City shall perform an independent review of land with good potential for agricultural use. The review shall include at least the four items listed below and shall be based on the follming maps (available in the City Planning Office) or their successors: (1) Property Boundaries - S.E. Quadrant, 1982; (2) Agricultural soils - Fig!?, C4, 3rd Ccvinqtort; qnd (3) mistina Aa. TJse - S.E. o~.ladrant. 1) Location of existing agricultural use. 2) Quality of soils and potential for agricultural use under current conditions or as a result of drainage or other improvements. 3) Size and shape of the potential agricultural parcel and ptential for combination with adjacent agricultural land. 4) Location in relation to general agricultural activity in the area. E. Prior to preliminary plat approval the Planning Commission shall determine, based on the above analyses plus normal planned unit development criteria, a developnent envelope and an area to be reserved as open space for potential agricultural use. The Commission's determination shall be based on the following guidelines: 1) Base and maximum densities for the entire parcel shall be calculated according to normal procedures for planned unit developnents. 2) All development shall be located on no more than 2/3 of the total usable land (excluding land that is not suitable for either agricultural use or development). The balance of usable land shall be reserved as open space for potential agricultural use. However, if more than 213 of a parcel is not suitable for agricultural use or if the resulting open space is too small and/or too isolated to significantly contribute to agricultural use, then the entire unusable portion may be included in the develop ment envelope. - Agricultural Land Use Policy - South Burlington Revised 7/16/82 mge 2 F. The Planning Comnission may approve planned unit developments on combinations of two or more contiguous or non-contiguous parcels. For such applications the Planning Comnission shall follow the same procedures as outlined above. However, density of development on any given parcel shall not exceed 3 units per acre. G. When any developnent is approved under the terms of this policy, all develop- ment and use rights for the open space shall be granted to the City for a minimum of 50 years. The City shall act as the agent for the lease of any agricultural land and as the arbiter for any disputes arising amng users of the developed and open space portions of the land. 11. Industr ial-Agricultural District A. The policy for the IAg district is to allow reasonable industrial developrent at permitted densities, and to encourage agricultural use whenever it is canpatible I with permitted industrial developrent. , , B. Applicants for any industrial development are encouraged to provide for agricultural I use via clustering of buildings, parking, and other facilities; lease of unused land including land awaiting future industrial expansion; and use of other appropriate mechanisms. I C. The agricultural policy for the IAg District is advisory, not mandatory. ! a 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL.(802)863-2892 OFFICE OF ASSISTANT CITY MANAGER DAVID E. MlNNlCH Tb: Gloria Yandow, Bookkeeper From: David Minnich, Assistant City Manager Date: July 20, 1982 Re: FY 1981-82 Budget Appropriation Transfers On July 19,- 1982 the City Council continued their discussion of June 30, 1982 regarding transfering budget approprations for fiscal year 1981-82. The following actions were taken: 1) Increase the appropration of the Council Account by $137,200 financed from Fund Balance. 2) Increase the appropration of the Fire Department by $32,700 financed from Fund Balance. 3) Transfer the appropriation of $7,100 from the Police Department to the Parks and Recreation Department. 4) Transfer the appropriation of $7,200 from the Police Department to the Highway Department . 5) Increase the appropriation of the Highway Department by $20,400 financed from Fund Balance. 6) At the City Council meeting on June 30, 1982 a disbursement of $12,8 38.7 0 was authorized from the "Land Acquisition account #001-02092-00-26 to the reserve account for "Open Spaces". At the continuation of this June 30, 1982 meeting held on July 19, 1982, the City Council recinded their prior action and authorized a disbursement of $3,976 from the "Land Acquisition" account to the reserve account for "Open Spaces". In compliance with the first five (5) actions above, please change the budgeting amounts for FY 1981-82 as follows: Account Final FY 1981-82 Budgetary Amount 001-02034-02-14 Electricity $ 6,200 001-02066-00-17 Municipal Complex Bond 211,100 001-03002-10-35 Vehicle Replacement 25,000 00 1-03013-01-23 Blue Cross/Blue Shield 10,262 001-03013-07-23 Workmans Compensation 8,529 x. 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL.(802)863-2892 OFFICE OF ASSISTANT CITY MANAGER DAVID E. MlNNlCH FY 1981-82 Buget Appropriation Transfers July 23, 1982 Page 2 Final FY 1981-82 Account Budqetary Zkmunt Vehicle Maintenance $ 5,800 Fire Salaries 155,700 Typewriter 600 Salt, Chloride and Sad 42,100 Park Maintenance 1,800 Gasoline 29,450 Swimming 15,180 Director, Assistant, Secretaries 50,715 Skating /Supervisors 1,600 Gate Attendance 3,214 Soccer 7 60 Social Security 5,540 Office Supplies & Miscellaneous 1,300 Repairs 1,000 Capital Improvements 12,500 Executive Developent Program 80 0 Fquipnent Maintenance Ju1.-Dec. 24,900 Equipnent Maintenance Jan.-June 27,300 Utilities 3,100 Soccer 20 0 The detail of these transctions may be found on the attached three (3) pages of Journal Vouchers. Please advise if you have any questions.