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Minutes - City Council - 11/01/1982
REGULAR MEETING NOVEMBER 1, 1982 The South Burlington City Council held a regular meeting on Monday, November 1, 1982, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, William Burgess, Hugh Marvin, Leona Lansing Others Present William Szymanski, City Manager; David Minnich, Assistant City Manager; Ken Dattilio, Paul Joppe-Maune, J. Batrick Brennan, Leon Brown, Jeffrey Spencer, Edward Rounds, Danny Parot, Leo Hance, Gary Rounds, Fred Bessette, Francis Ladue, Everett Tatro, James W. Goddette, Sr., Richard F. Wood, Jr., Albert Audette, George Brady, South Burlington Fire Department; David Spitz, City Planner; Sidney Poger, George Mona, Planning Commission; Tom Schmidt, Burlington Airport, Pat Burgmeier, The Other Paper; W. Fisk Read Minutes of Regular Meeting of October 18, 1982, and Special Meeting of October 25, 1982 Mr. Burgess moved that the Minutes of the Regular Meeting of October 18, 1982, and the Special Meeting of October 25, 1982, be approved. Mr. Flaherty seconded with unanimous approval. Sign Disbursement Orders Disbursement Orders were signed. Meet with representatives of the Volunteer Firefighters to discuss proposed benefits Speaking for the Firefighters, Mr. Brennan thanked the City for the fine treatment George Brady and Danny Parot received after their accident. He noted that the accident has caused the Volunteer Firefighters to examine the benefits they have and to make several requests of the City for improvement and changes in these benefits. The first of these would close the gap between "salary" and Workman's Compensation. Since many of the firefighters earn no salary, they proposed that until Workman's Compensation took over, the City would pay a disabled firefighter at a level of pay comparable to a Level 3, pump driver with comparable years of service. With regard to permanent disability, it was noted that currently after five years, the disabled firefighter receives a lump sum of $20,000 and no further benefits. They propose to raise this limit to $100,000. Finally, they proposed that the weekly stipend paid by the State Fire Insurance Policy (in addition to medical bills) be raised to $200 per week instead of $100 per week. According to their research this additional coverage would raise the insurance premiums to a total of $2,319, an increase of $1,783 over current costs. Mr. Minnich noted a $100,000 policy limit would be greater than that which is allowed for full-time employees, and this factor would have to be considered. He also noted that disability income is not taxable. Mr. Farrar requested that Mr. Minnich examine these requests to see how they fit in with other policies. He said that they should have a response in about two weeks. Proposed South Burlington Zoning Ordinance In reviewing the list of changes recommended by the Planning Commission in their memo of October 27, 1982, the following actions were taken: Mr. Flaherty moved that with reference to Sections 6.603, 7.404, 8.404, 9.404, and 10.404, the inadvertant language which allows the Planning Commission to waive height and dwelling size be deleted. Ms. Lansing seconded with unanimous approval. With regard to the Lakeshore property, the Planning Commission again restated its belief that the problems of access and piecemeal development will be heightened if the area remains as presently zoned. Mr. Mona also stressed that this may be the only chance to provide the City with a lakeshore access. Mr. Farrar again stated that since both accesses on Holmes Rd. and Inn Road are questionable, he did not believe the area is developable today without another access. After considerable discussion, Mr. Burgess moved to delete the R-1 Planned Unit Development and re-insert XVII Lakeshore District as proposed by the Planning Commission. The motion died for lack of a second. Concerning Section 8.101, Mr. Marvin moved to accept the Planning Commissions recommendation that "two-family dwellings" be allowed within the 1 unit per acre limitation. Mr. Flaherty seconded with unanimous approval. With regard to Sections 11.507b and 16.804, Mr. Spitz explained that there is a question as to what "density" means in an industrial zone. To answer this need, they recommend putting in both a minimum lot size and maximum building coverage. Mr. Flaherty moved that the changes proposed for Sections 11.507b and 16.804 be approved. Mr. Marvin seconded with unanimous consent. Tom Schmidt explained the reasoning behind the proposed changes in the Airport District. He noted that in Section 14.101, no provision had been made for facilities for passenger travel or for fuel farms. With regard to Section 14.104, he said the previous language might be too restrictive since other types of travel-related businesses (such as travel agencies) are now appearing on airport facilities. Mr. Burgess said he felt the term "concessionaire" was too broad a license. Concerning Section 14.106, Mr. Schmidt was concerned that the wording would exclude certain passenger airlines which operate a simultaneous air cargo business. The proposed changes would allow these activities directly concerned with loading and unloading freight from passenger planes. Mr. Flaherty moved that Sections 14.101 and 15.101 be approved as proposed. Mr. Burgess seconded with unanimous consent. Mr. Burgess moved that Section 14.106 be amended to read: Warehouses and trucking areas used in the incidental transfer of freight transported by passenger aircraft," with the intention that passenger airlines not be prohibited from transporting freight on passenger aircraft. Mr. Flaherty seconded with unanimous consent. Mr. Marvin moved that Section 15.110 recommendations be approved deleting "professional and medical." Mr. Burgess seconded with unanimous consent. Mr. Poger read from the Planning Commission Minutes concerning Section 16.801a regarding minimum lot sizes. He noted that the vote in the Planning Commission was 5-1 in favor of re-inserting "minimum lot size - 50 acres." After some discussion, Mr. Flaherty moved that the proposed changes in Section 16.801a be accepted. Ms. Lansing seconded. The motion was defeated 2-3. Concerning Sections 18.101 and 18.102, Mr. Poger said the Planning commission felt that 40 feet was too great a difference from existing situations and that it did not allow for more creative parking arrangements. Mr. Flaherty then moved that the changes recommended in Sections 18.101 and 18.102 be accepted. Mr. Marvin seconded with unanimous approval. Mr. Burgess moved that the changes proposed in Section 18.112b be approved. Mr. Marvin seconded and the motion passed 4-1 with Mr. Flaherty voting against. Concerning Sections 19.104e and 19.105, Mr. Poger explained that these sections would alleviate the problem of developers not restoring a site to its prior state. Mr. Burgess moved that Sections 19.104e and 19.105 be approved as proposed. Mr. Marvin seconded with unanimous approval. Regarding Table III, Mr. Poger explained that 40,000 square feet would become the unit of measurement because it would apply to all kinds of zones with different minimum lot sizes. Mr. Burgess then moved that the changes proposed in Table III be approved as written. Mr. Flaherty seconded with unanimous consent. Mr. Flaherty moved that the map change for the Nowland property east of the R1 District on Spear Street back to R2 from AgR be approved. Mr. Burgess seconded and the motion passed 4-1 with Ms. Lansing voting against. Mr. Marvin moved that the map change for the residential area south of the UVM Horticultural Farm as far as the Shelburne line from R2 to R3 be approved. The motion died for lack of a second. Mr. Flaherty then moved that the City Planner mission be instructed to prepare the final draft of the Zoning Ordinance and publish a hearing for December 2, 1982. Mr. Burgess seconded with unanimous approval. Mr. Farrar thanked the Planning Commission for their efforts in preparing the new Zoning Ordinance. Review Police Evaluation Form Mr. Minnich reported that the new form has not yet been prepared. Liquor Control Board Mr. Flaherty moved that the Council meet as the Liquor Control Board. Mr. Burgess seconded with unanimous consent. Mr. Szymanski presented a request from Sizzling Steak for entertainment between the hours of 9 PM and 2 AM, Monday through Saturday. Entertainment would be in the form of a 2-piece band. It was noted that several fire hazards at the location had not been taken care of and the situation was now with the Committee of Labor and Industry. In addition, an apparent residence has been built upstairs, which is not permitted. Mr. Farrar indicated he would entertain a motion to instruct the City Manager to have the zoning officer investigate the matter, and that the Council not take further action on the request until the violations are taken care of. Mr. Burgess so moved, with Ms. Lansing seconding and unanimous approval. Mr. Flaherty moved that the City Council reconvene for consideration of one final item. Mr. Burgess seconded with unanimous consent. Mr. Marvin requested that the Council ask the City Attorney to review articles and letters to the editor which have appeared in local newspapers in which allegations of "deception" have been made against individual Council members. Mr. Farrar said he was not sure what could be done since it was not the Council as a group that had been accused, but that there would be no problem in having the attorney look at the matter. Mr. Flaherty moved that the meeting be adjourned. Mr. Burgess seconded with unanimous consent. The meeting adjourned at 10:15 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.