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HomeMy WebLinkAboutMinutes - City Council - 05/02/1988CITY COUNCIL 2 MAY 1988 The South Burlington City Council held a regular meeting on Monday, 2 May 1988, at 7:30 p.m, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Molly Lambert, Michael Flaherty, George Mona, Francis X. Murray Also Present William Szymanski, City Manager; Stephen Stitzel, City Attorney; Mary McKearin, Business Manager; James Goddette, Fire Chief; Albert Audette, Street Dept; Jane Lafleur, City Planner; Richard Ward, Zoning Administrator; John Dinklage, Zoning Board; Sid Poger, The Other Paper; Mike Donoghue, Free Press; Leslie Linton, Robert and Cynthia Hoehl, Bill Posey Executive Session Mr. Flaherty moved the Council meet in Executive Session to discuss pending litigation. Mrs. Lambert seconded. Motion passed unanimously. Regular Session Comments and Questions from the Audience (not related to items on the Agenda) No issues were raised. Review City Manager's Report on Status of 1987-88 Goals Mr. Szymanski noted there is only one item left to complete the Fire Department equip.ment update. Mr. Flaherty moved to authorize the City Manager to proceed with the contract with Greenwood Fire for replacement of the chassis and associated work for a total of $87,588. Mrs. Lambert seconded. Motion passed unanimously. Public Hearing: Application of Robert and Cynthia Hoehl for the construction of a single family home within the Spear Street Scenic Overlook District Ms. Linton, representing Mr. & Mrs. Hoehl, said the Hoehl's land abuts the City overlook land. It is one of 6 lots approved by the Planning Commission in 1977. At that time, views were discussed by the Commission as were restrictions put on the lots by the seller, Mrs. Nowland. A 15-foot right-of-way was discussed and also the scenic overlook. Mrs. Nowland agreed to sell the City a piece of land for an overlook. Subdivision approvals were issued in October, 1977. There is a 75-foot required setback from Spear Street where nothing higher than 20 feet can grow. The lots must be for single family homes, and the houses can be no more than 18 feet above the center line of Spear Street. The Hoehls plan to build a 2-story, very traditional house. It is their opinion that the house will not interfere with the view from the scenic overlook. Ms. Linton noted the proposed ordinance has a very serious impact on all of the lots, and the Hoehls house could not be built on this lot at all under the proposed ordinance. They feel that the location of the house required by the ordinance would be worse from the point of view of the scenic overlook. Mr. Hoehl said his lot is 160 ft. across the front, 200 feet across the back, and 603 feet deep. He outlined the money and time he has invested in planning his house and said that real estate people have told him he would suffer a $100,000 loss in land value under the proposed zoning. He said if he has to build at the back of his land, he will lose the protection of his view. Among the costs Mr. Hoehl cited, were $13,000 for an architect, $3900 in taxes, legal fees, topography, etc. If he has to build a single story house, it will also cost $10,000 more for the foundation and considerably more for the lengthened driveway to the back of the lot. He said he has a large family and did not feel he could build a large enough home in the rear of the lot. Mr. Hoehl's architect noted that from grade to the top of the house, they propose to build 33 feet in height. Ms. Linton said it is their contention that the house meets the existing pattern of development in the area and also the environmental limitations of the area. Mr. Hoehl did not deny that his proposed house will impact the view from Spear Street. He said it would not impact the view from the overlook and showed photos to the Council to support this contention. Members felt they would like to see the site and asked Mr. Hoehl to stake out the proposed location of the house. The Council agreed to visit the site on 4 May, at 6:00 p.m and to meet again on Tuesday, 10 May, to make their decision. Mr. Flaherty moved to continue the public hearing until 4 May, at 6:00 p.m, at the Hoehl lot on Spear Street and further until Tuesday, 10 May, at 7:30 p.m. Mrs. Lambert seconded. Motion passed unanimously. Reschedule Public Hearing on Proposed City Center Zoning Mr. Flaherty moved to reschedule the Public Hearing of Proposed City Center Zoning until 16 May 1988. Mrs. Lambert seconded. Motion passed unanimously. Public Information Meeting regarding the proposed Dorset Street Improvement Bond Issue and Establishment of a Special Assessment District Along Dorset Street Mr. Farrar read the Warning. He then noted the Council has proposed a $1,750,000 bond issue. Funds for this will come from two sources: general taxes and a special assessment district. The special assessment district will be taxed $125,000 per year for 6 years beginning in 1991. The tax rate will depend on the total value of real estate in that district. It is now valued at $35,000,000. With planned expansion to University Mall, it is estimated the value will increase by $6,000,000. The bond issue also contains improvements to numerous streets and roads in the city. Mr. Dicovitsky asked where the figures came from for the assessment of landowners. Mr. Farrar said the Council thought these were reasonable numbers because of increased values of the properties in question. Another resident of the area asked where the legal precedent for such a tax came from. Mr. Stitzel quoted the statute from Volume 24, Chapter 87 by which municipalities can levy special assessments to specific properties for public improvements that benefit those properties. A property owner said this was not what was said at Act 250 and felt it was a slap in the face to the property owners. He noted they have endured all the problems on Dorset Street with traffic, development, etc., and now that something is finally being done to improve it, they are the ones who have to pay for it. Mr. Posey said he felt it was an undue portion for them to pay. He agreed the improvements will increase the value of their property, but they have to give up a portion of their property and put up with a year of noise and grime during construction. Another resident asked whether property will be re-assessed each year. Mr. Farrar said he expected that sometime in that period where the tax for the special assessment is due, there will be a general re-appraisal. All new improvements to the area will be included. Review Zoning Board Agenda for 9 May Mr. Mona noted that Item #1 looks like a multiple use and he didn't see where any hardship or necessity promulgated a multiple use need. Mr. Dinklage explained that multiple use does not require a hardship and is considered under different criteria. Mr. Mona also noted Item #2 where Cumberland Farms would be making a radical change to the property between the bank and the Bagel Bakery on Shelburne Rd. The request includes building into the residential zone. Members asked the City Manager to express their concern to the Zoning Board. Minutes of 18 April 1988 Mr. Flaherty moved that the Minutes of 18 April 1988 be approved as written. Mrs. Lambert seconded. Motion passed unanimously. Disbursement Orders Disbursement orders were signed. Liquor Control Board Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mrs. Lambert seconded. Motion passed unanimously. Mr. Szyamnski presented catering permit requests from Sneakers to cater a dinner party for the Board of Trustees at Green Mountain Power on 18 May from 6-11 p.m., and also an entertainment permit request from Jake's on Shelburne Rd. for a piano and guitar player on Thursday and Friday evenings during the summer months. Mr. Flaherty moved the Board grant the catering permit to Sneakers and the entertainment permit request of Jake's as presented by the City Manager. Mrs. Lambert seconded. Motion passed unanimously. Mr. Szymanski then presented liquor license renewals for: K & K Beverage, Kohala Mauna, Papa Gino's, Quarry Hill, Net Result, The Rotisserie, Tinguini Brothers, Cumberland Farms, Gift Basket Express, Sheraton, Holiday Inn, and Club New England. He noted that money due from the Sheraton and Holiday Inn for false alarm responses had been paid under protest and that Club New England has paid about half of the money due for police services and will pay the balance on Friday. Mr. Flaherty moved that the Board approve the Liquor License Renewals as presented by the City Manager. Mrs. Lambert seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting adjourned at 9:05 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.