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HomeMy WebLinkAboutMinutes - City Council - 09/07/1988CITY COUNCIL 7 SEPTEMBER 1988 The South Burlington City Council held a regular meeting on Wednesday, 7 September 1988, at 7:30 PM, in the Conference Room, City Hall, 575 Dorset Street Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage Molly Lambert Also Present William Szymanski, city Manager; Mary McKearin, Business Manager; Albert Audette, Street Dept; Sid Poger, The Other Paper, James Condos, Zoning Board; James Goddette, Fire Department; Donna Carlson, Susan Hayes, Carole & Greg Lothrop, Joan Martin, Karin Larson, Patricia Thimm, Chris Cavin, Bob Cooper, Bob Hoehl, Jeanne Albright, Betty Bandel, James Howley, Lawrence Dewar, M. M. Mansfield, Anne Ratkus, Gene Szatkowski, Sara Dopp Comments & questions from the public not related to items on the agenda No issues were raised. PUBLIC HEARING: two bond issues: a) $500,000 for purchase of development rights on two lots on Spear Street; b) $215,000 to construct scenic overlook on Spear Street Mr. Farrar read both items and indicated on a plan where the 2 lots and the scenic overlook are located. He noted that the city is not buying the 2 lots because they are not for sale. He added that owning the development rights is the best protection for the view. With regard to the second item, Mr. Farrar said the City proposes to raise the front elevation so people can have an unobstructed view over the Jameson house. Half of the $215,000 is for fill, the remainder for improvements. Mrs. Lothrop asked when the City purchased the overlook. Mr. Farrar explained that the City did not have to purchase the land as it was obtained as part of the approval for the development of the adjacent land. Mrs. Lothrop said she is concerned about paying $500,000 for a 10 second view. Mr. Farrar said this is an opportunity that may never again be available and the Council felt citizens should have the chance to make that decision for themselves. Mr. Dinklage added that concern was raised by the building of the Jameson house, and this is the best opportunity that can be offered to preserve what is left. Mr. Szatkowski asked what happens if Mr. Meredith dies; would the City then have to negotiate with his survivors. Mr. Farrar said once the City owns the development rights, nothing can be built on the land without the City's consent. Mr. Walters asked what the current status of those lots is. Mr. Farrar said any prospective house would have to come before the Council. The Planning Commission is proposing that nothing be built in Zone A and that one house could be built in a designated building envelope in Zone B. The Council has not yet discussed or approved this proposal. Mrs. Lothrop asked about the Hoehl house. Mr. Farrar said a group of citizens has appealed to Superior Court which will hear the case. The Hoehls have also appealed the City's decision based on the contention that the City did not have the right to impose restrictions on that land. Mr. Farrar said the City Council's problem was trying to protect both the view from the overlook where people can pull off and stop to enjoy the view and also protect the view from Spear St. He felt this bond issue was the last time there was a chance to protect the Spear St. view. Ms. Hayes asked whether the $215,000 could be done later. She said she felt bad that it was chosen over other important things like roads. Mr. Flaherty said this is an issue the voters will have to decide. Ms. Hayes then asked whether the Merediths could later contest the purchase of development rights on their land. Mr. Dinklage noted that by Court ruling, a purchase of development rights is a very clean transaction and has been upheld. It is, he added, more complicated to protect views from a long stretch of road. Mr. Farrar said there are 2 constitutional rights involved: the right to own property, and the right of citizens to regulate environment by the enactment of zoning regulations. These rights can, he noted, conflict with each other. Mr. Dewar said Mr. Meredith had bought the 2 lots not to build on them but to protect the view from his house across the street. Mr. Farrar said this is true, but his successors may not feel that way and may sell the 2 lots for development. Ms. Larkin asked what the $500,000 means in terms of tax rate. Mr. Farrar said if paid off in one year, it would mean $.10 on the tax rate, if paid off in 10 years, it would mean $.01 on the tax rate. Mr. Condos noted that the Natural Resources Committee has put together an inventory of views which they feel should be protected. He asked if the Council is looking at the possibility of dedicating certain land for open space. Mr. Farrar said such alternatives as transfer of development rights are being considered. He said the problem is this is very desirable land to build on. Mr. Dinklage noted that the City is looking into such a plan with the land across the street from this Spear St. area. Mr. Condos felt the City should look into some sort of tax, such as Burlington imposed, which could be designated for parkland, etc. Mr. Flaherty explained that the state Legislature has turned down every local option tax that has come before it as they do not want to give up their taxing authority. He noted that Burlington got their gross receipts tax under a 100 year old Charter; everything Burlington proposed to the Legislature was turned down. Ms. Albright asked who would control the land if the development rights were purchased. Could it, for example, be paved or used for a park. Mr. Farrar said if the bond issue passes, nothing could be done to the land except to mowe it. There could be no trees, no benches, etc. Mr. Howley asked whether owners of the other lots can build in Zone B. Mr. Farrar said under the Planning Commission's proposal they can. Nothing could be built in Zone A except at elevations far below the overlook. Ms. Martin asked what happens if the $500,000 bond is turned down. Mr. Farrar said the land just sits there. Ms. Lothrop asked if there couldn't be a fund for people to contribute to save the view instead of taxing people. Mr. Szymanski said the City is exploring alternate funding methods. Mrs. Ratkus explained how they bought their land have paid taxes and have put in improvements. She did not feel what was happening was fair. Ms. Walters said she was concerned that if the bond issue is turned down, the Council might feel people don't care about these things. She said many people might vote against them because they feel there is a better solution than paying one man $500,000. Mr. Dinklage noted that even if the bond issue is approved, the City will still seek alternative funding. Mrs. Hayes said she felt development in the City is getting out of hand and that, it's time to see what current zoning is doing to the community from the point of view of traffic, housing, views, etc. She felt the city does not have a nice appearance any more. Mr. Condos said he felt it is time to start developing the parkland that city already owns. Sign City Hall Agreement Mrs. Lambert moved the Council sign the agreement with the City Hall employees. Mr. Flaherty seconded. Motion passed unanimously. Minutes of 29 August 1988 Ms. Lambert noted the Police Chief had said he would try to provide a police presence at Central School to aid in the dangerous traffic situation. Mr. Flaherty moved the Minutes of 29 August be approved as amended. Mr. Dinklage seconded. Motion passed unanimously. Sign Disbursement Orders Disbursement Orders were signed. Old Business Mrs. Lambert strongly recommended the purchase of a microphone for the conference room. Mr. Szymanski will check on prices. Liquor Control Board Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mrs. Lambert seconded. Motion passed unanimously. Mr. Szymanski presented an application for a second class license for The Net Result at 100 Dorset Street. He said everything is in order with the application. Mrs. Lambert moved the Board approve the second class liquor license for The Net Result as presented by the City Manager. Mr. Flaherty seconded. Motion passed unanimously. Mr. Szymanski then presented catering permit requests from Wetherbees for weddings at K of C Hall on 11/19/88 and 10/8/88 and for Sneakers for the Vermont Symphony concert at University Mall on 10/2/88. Mr. Flaherty moved the Board approved the catering permits as presented by the City Manager. Mr. Dinklage seconded. Motion passed unanimously. Executive Session Mr. Flaherty moved the Liquor Control Board adjourn and reconvene as City Council in Executive Session for the purpose of discussing candidates for the open City Council seat and the process by which that seat will be filled, and also discuss the status of the Police grievance, and to resume regular session only for the purpose of adjournment. Mr. Dinklage seconded. Motion passed unanimously. The City Council came out of Executive Session and adjourned immediately at 9:30 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.