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HomeMy WebLinkAboutMinutes - City Council - 04/14/1989CITY COUNCIL SPECIAL MEETING APRIL 14, 1989 The South Burlington City Council held a Special Meeting on Friday, April 14, 1989 at noon in the small conference room upstairs in the City Hall on Dorset Street. Members Present: Paul Farrar, Chairman; Michael Flaherty, John Dinklage; Molly Lambert. Member Absent: William Cimonetti Other Present: City Manager William Szymanski; City Attorney Steve Stitzel; City Clerk Peggy Picard; Robert Hoehl (late). Review and Sign Warning for May 16, 1989 Annual Meeting Chairman Farrar called the meeting to order at 12:00 noon and stated that the purpose of the meeting was to review a draft of the Warning for the Annual Meeting (dated 4/10/89 & 4/14/89) and a draft of the Warning for the Special Meeting dated 4/14/89, called as a result of a petition. (Copies of these drafts are attached to these Minutes). Micheal Flaherty moved to approve Articles I,II & III of the draft, seconded by Molly Lambert, there was no discussion and all voted in favor. A draft of Article IV and V, regarding sewer construction in Swift Estates and Country Club Estates, were reviewed and it was decided to include them in one article, also include sewers on Ethan Allen Drive. John Dinklage moved that Article VII regarding Special Expenditure, be approved. Mike Flaherty seconded the motion, there was no discussion, all were in favor. The Special Meeting Article, regarding the Spear Street View Protection Zone, was reviewed and it was decided to have two articles (Zone A & Zone B) instead of one article, the reason being that the original Council action was in that form. Mike Flaherty moved that the City Attorney rewrite the Warning for the regular and special meeting, as discussed, together with the resolution and have the documents ready for Council signatures by Saturday, April 15, 1989 and that the City Clerk record and post them. Seconded by Molly Lambert, all were in favor. John Dinklage stated that he will not be available for his signature, as he is leaving the City for the weekend. Molly Lambert moved the meeting be adjourned, seconded by Mike Flaherty all voted in favor. The meeting adjourned at 12:45 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. WARNING CITY OF SOUTH BURLINGTON ANNUAL HEETINQ MAY 16, 1989 I I The legal voters of the City of south Burlington are hereby I I notified and warned to meet at their respective polling places at 1 the Chamberlin School on White Street, the South Burlington I 1 I Middle School on Dorset Street and the Orchard School on I I Macintosh Avenue on Tuesday, May 16, 1989 at 7 o'clock in the I forenoon, at which time the polls will open until 7 o'clock in i I the afternoon, at which time the polls will close, to vote by I I Australian Ballot on the following Articles: I ARTICLE I ELECTION OF OFFICERS I To elect all city officers required by law. ARTICLE I1 AMENDMENT OF CITY CHARTER REGARDING CITY REPORT I I Shall the City vote to amend Section 110 of the City Charter D to state as follows: The Annual City Report shall be distributed to the legal voters of the City not later than [75] days after the end of the fiscal year. Note: Text which is to be deleted is shown in brackets. Text which is to be added is underlined. I ARTICLE I11 AMENDMENT OF CITY CHARTER REGARDING REAPPRAISAL Shall the City vote to amend Chapter 19 of the City Charter to state in its entirety as follows: Section 1901 Dewartment of Assessment There shall be a Department of Assessment, which shall consist of [a] the wosition of Chief Assessor and such assistants as are deemed to be necessary by the City Manager [with the approval of the] and a~pr0Ved by the Citv Council. The Chief Assessor and assistants will be appointed, and may be removed, by the City Manager in accordance with Chapter 17 of this Charter. @ Section 1902 Powers and Duties The Department of Assessment shall have the same powers, discharge the same duties, proceed in the discharge thereof in the same manner, and be subject to the same liabilities as are prescribed for listers or the Board of Listers under the law of this state, except as herein otherwise provided. The elective office of lister shall be abolished. [(a) At least every five years the department shall review, or cause to be reviewed, their appraisals of all real pro- perty in the City which is subject to taxation and conduct a reappraisal of all such properties when necessary to conform their appraisals to the standards for appraising established by the laws of the state.] Section 1903 Reappraisal of Taxable Property The Department of Assessment shall reamraise at least every three vears but mav reappraise annuallv all taxable prosertv located in the Citv on April 1st of each vear. The Department shall determine the fair market value of such PrO~ert~ as of April 1st of each vear and set the orooerty in the Grand List on the basis of such valuation. The Department shall not be required to ~hvsicallv inspect all proDertv reappraised provided that the City has: Had zoninu reuulations in effect for the ~recedinq 12 months which reauired the issuance of a permit for the construction of anv new structure. the chanue in use of any structure or land, or the renovation of any exist- inu structure involvins an estimated cost of over .$l.OOO. Had subdivision resulations in effect for the preceding 12 months which reauired the approval of the Planning Commission for the division of anv narcel of land into Wo or more Darcels for nurooses of sale. lease oy other conveyance. and provided further that the Department has: Phvsicallv inswected all prooertv for which a zoning permit or subdivision approval has been issued. a Developed a method approved bv the Citv Council for determinins the fair market value of all prooertv in he Cit as o A ri cj method must be: 1, Set forth in written form. L Available for vublic ins~ection or review at thg Ume the dewartment sends out notices of chanse of 3. Utilized in th - e determination of the fair market value of all taxable urowertv in the Citv. excevt fhat wrowertv which is subject to tax stabilization aareements. Note: Text which is to be deleted is shown in brackets. Text which is to be added is underlined. ARTICLE IV SPECIAL ASSESSMENT FOR SWIFT ESTATES Shall the City vote to impose a special assessment in a maximum amount of $65,000 on those properties identified as Lots 2 through LLLf2 on a plan entitled Swift Estates, dated, --&!+-, 157, and recorded in Volume at page /f of the South Burlington Land Records which assessment shall be apportioned among such properties on the basis of each property's value on the City's grand list for 1990-1991. This assessment shall be paid in equal quarterly installments D amortized for a term of not less than 5- years but not more I I than /O years at an annual interest rate not exceeding /O %. The funds raised by this special assessment shall be used to pay any indebtedness incurred by the City for the construction of public sewage disposal improvements to provide service to the identified properties. ARTICLE V SPECIAL ASSESSMENT FOR COUNTRY CLUB ESTATES Shall the City vote to impose a special assessment in a maximum amount of $216,000 on those properties identified as Lots 1 through 30(f), 47-68, 79-88 on a plan entitled Country Club Estates, dated, NhJf /LL7 and recorded in Volume A3 at page 67 of the South Burlington Land Records, which assessment shall be apportioned among such 3 !a properties on the basis of each property's value on the City*s grand list for 1990-1991. This assessment shall be paid in equal quarterly installments amortized for a term of not less than years but not more than /O years at an annual interest rate not exceeding / . The funds raised by this special assessment shall be used to pay any indebtedness incurred by the City for the construction of public sewage disposal improvements to provide service to the identified properties. ARTICLE V1 SPECIAL ASSESSMENT FOR ETHAN ALLEN DRIVE !3PYq*ci Shall the City impose a special assessment in a maximum vdl V7-/Y' amount of $58,000 on those properties identified as Lots 3 1-3- &,/-r J through - on a plan entitled Ethan Allen Drive, dated, 1/0/ 2VJ@ which assessment shall be / 3s '"'3 g- /3 apportioned among such properties on the basis of each property's Ay-vAd value on the City's grand list for 1990-1991. This assessment b shall be paid in equal quarterly installments amortized for a term of not less than years but not more than //O years at an annual interest rate not exceeding &%. The funds raised by this special assessment shall be used to pay any indebtedness incurred by the City for the construction of public sewage disposal improvements to provide service to the identified properties. ARTICLE VII SPECIAL EXPENDITURES Shall the voters authorize a special appropriation of funds not to exceed $123,350 for the purposes of paying salary expenses a within the City Planning Department ($11,850), paying consultants for services to be provided the City Planning Department ($14,000), paying for computer maintenance for a computer for the 4 City Planning Department ($1,000), paying salary expenses for police officers for the City Police Department ($26,500), and paying for the construction of sidewalks on Hinesburg Road ($50,000), swift Street ($6,000) and Shelburne Road ($14,000). Note : No increase in taxes will result from the approval of this special expenditure item since the amount will be paid entirely from State Planning Funds ($26,850), Narcotics Control Assistance Program Grant Funds ($26,500) and development fees paid for sidewalk construction ($70,000). POLLING PLACES ARE THE CHAMBERLIN SCHOOL ON WHITE STREET, THE SOUTH BURLINGTON MIDDLE SCHOOL ON DORSET STREET AND THE ORCHARD SCHOOL ON MACINTOSH AVENUE. VOTERS ARE TO GO TO TIIE POLLING PLACE IN THEIR RESPECTIVE DISTRICT. Dated at South Burlington, Vermont, this day of April, SOUTH BURLINGTON CITY COUNCIL FILED AND RECORDED this day of April, 1989 Margaret Picard, City Clerk WARNING CITY OF SOUTH BURLINGTON SPECIAL MEETING MAY 16, 1989 The legal voters of the City of South Burlington are hereby notified and warned to meet at their respective polling places at the Chamberlin School on White Street, the South Burlington Middle School on Dorset Street and the Orchard School on Macintosh Avenue on Tuesday, May 16, 1989 at 7 o'clock in the forenoon, at which time the polls will open until 7 o'clock in the afternoon, at which time the polls will close, to vote by Australian Ballot on the following Article: ARTICLE I AMENDMENT OF CITY ZONING REGULATIONS TO ESTABLISH TBE SPEAR STREET VIEW PROTECTION ZONE Shall the City vote to amend the City of South Burlington Zoning Regulations to establish the Spear Street View Protection D Zone as approved by the City Council on March 20, 1989 and repeal . the "Interim Zoning Regulations For The Protection of The Spear Street Scenic Overlook District," adopted by the City Council April 4, 1988. Note : The complete text of the proposed amendments is attached to this Warning as Exhibit A. POLLING PLACES ARE'THE CHAMBERLIN SCHOOL ON WHITE STREET, THE SOUTH BURLINGTON MIDDLE SCHOOL ON WRSET STREET AND THE ORCHARD SCHOOL ON MACINT08H AVENUE. VOTERS ARE TO GO TO THE POLLING PLACE IN THEIR RESPECTIVE DISTRICT. Dated at South Burlington, Vermont, this day of April, 1 SOUTH BURLINGTON CITY COUNCIL FILED AND RECORDED this day of April, 1989 Margaret Picard, City Clerk PROPOSED AMENDMENTS CITY OF SOUTH BURLINGTON ZONING REGULATIONS TO ESTABLISH THE SPEAR STREET VIEW PROTECTION ZONE The proposed amendments to the City of South Burlington Zoning Regulations to establish the "Spear Street View protection Zone," as approved by the City Council on March 20, 1989 add the following new sections: 1.30 Spear Street View Protection Zone Map defines that area of the City that is subject to the restrictions set forth in Section 19.47 of these regulations. The Spear Street View Protection Zone Map is filed in the office of the City Clerk and is incorporated herein by reference. 19.47 Spear Street View Protection Zone In addition to the provisions of any other section(s) of these regulations, the uses allowed in any district in the Spear Street View Protection Zone, as shown on the Spear Street View Protection Zone Map, shall be subject to the following limitations: 19.471 No part of any structure within Zone A of the Spear Street View Protection Zone shall exceed an elevation of 370 feet above mean sea level minus 4 feet for each 100 feet that said part of a structure is horizontally distant from the Zone A base line shown on the above referenced Spear Street View Protection Zone Map. 19.472 Landscaping and other vegetation located within Zone A of the Spear Street View Protection Zone shall be maintained so that it does not exceed an elevation of 370 feet above mean sea level minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Zone A base line shown on the above referenced Spear Street View Protection Zone Map. Notwithstanding the restrictions set forth in the previous sentence, any vegetation or plantings located within an area two hundred (200') feet east of any building in existence on the effective date of this amendment may be maintained so as not to exceed an elevation corresponding to the easterly horizontal extension of the roof peak of such building. 19.473 Within Zone B of the Spear Street View Protection Zone, no part of any structure shall exceed the elevation of the Zone B base line minus four feet for each 100 feet that said part of said structure is horizontally distant from the Zone B base line shown on the above referenced Spear street View Protection Zone Map. This section shall not apply to any structure located in a Designated Building Envelope. 19.474 Within Zone B of the Spear street View Protection Zone, landscaping and other vegetation shall be maintained so that it does not exceed the elevation of the Zone B base line minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Zone B base line shown on the above referenced Spear Street View Protection Zone Map or 2 feet above any grade existing on the date that these Spear Street View Protection regulations become effective, whichever height is higher. This section shall not apply to landscaping located within a Designated Building Envelope. 19.475 Within Zone B of the Spear Street View Protection Zone, any principal structure shall be located entirely within a Designated Building Envelope. 19.476 The term 91structurew when used in this section (19.47 and sub-sections) shall mean an assembly of materials for occupancy or use, including, but not limited to a building, mobile home or trailer, billboard, sign, wall or fence, antenna, utility poles (including towers and lines), earthen berms. 19.477 The term "Designated Building Envelope" as 2 I used in this section shall define a hexagonal figure enclosing an area of 15,000 square feet as depicted on the SPEAR STREET VIEW PROTECTION ZONE MAP. The long axis of a Designated Building Envelope shall be oriented on a lot so that it is perpendicular to Spear Street. Structures or vegetation located in any portion of a "Designated Building Envelopeu located in Zone A shall be required to meet the height limitations applicable to Zone A. On the date that these regulations become effective, the "Interim Zoning Regulations For The Protection of the Spear Street Scenic Overlook District," adopted April 4, 1988, shall be repealed. WARNING CITY OF SOUTH BURLINGTON ANNUAL MEETING MAY 16, 1989 The legal voters of the City of South Burlington are hereby notified and warned to meet at their respective-polling places at the Chamberlin School on White Street, the South Burlington Middle School on Dorset Street ant7 the Orchard School on Macintosh Avenue on Tuesday, May 16, 1989 at 7 o'clock in the forenoon, at which time the polls will open until 7 o'clock in the afternoon, at which time the polls will close, to vote by Australian Ballot on the following Articles: ARTICLE I ELECTION OF OFFICERS To elect all city officers required by law. ARTICLE I1 AMENDMENT OF CITY CHARTER REGARDING CITY REPORT Shall the City amend Section 110 of the City Charter to state as follows: The Annual City Report shall be distributed to the legal voters of the City not later than [75] 120 days after the end of the fiscal year. ARTICLE 111 AMENDMENT OF CITY CHARTER REGARDING REAPPRAISAL Shall the City vote to amend Chapter 19 to state in its entirety: Section 1901 DeDartment of Assessment There shall be a Department of Assessment, which shall consist of [a] the position of Chief Assessor and such assistants as are deemed to be necessary by the City Manager [with the approval of the] and awwroved bv the Citv Council. The Chief Assessor and assistants will be appointed, and may be removed, by the City Manager in accordance with Chapter 17 of this Charter. Section 1902 Powers and Duties The Department of Assessment shall have the same powers, discharge the same duties, proceed in the discharge thereof in the same manner, and be subject to the same liabilities as are prescribed for listers or the Board of Listers under the law of this state, except as herein otherwise provided. The elective office of lister shall be abolished. [(a) At least every five years the department shall review, or cause to be reviewed, their appraisals of all real pro- perty in the City wGch is subject to taxation and conduct a reappraisal of all such properties when necessary to conform their appraisals to the standards for appraising established by the laws of the state.] Section 1903 Reauuraisal of Taxable ProDerty The Department of Assessment shall reappraise at least everv three vears but may rea~praise annuallv all taxable proDertv located in the Citv on April 1st of each vear. The pepartment shall determine the fair market value of such proDertv as of April 1st of each vear and set the wrouertv in the Grand List on the basis of such valuation. The De~artment shall not be required to ~hvsicallv inswect all propertv reappraised ~rovided that the Citv has: Had zonins requlations in effect for the precedina 12 o ths wh'c r * construction of anv new structure. the chancre in use of anv structure or land, or the renovation of any existins structure involvins an estimated cost of over .$J.ooo. rn HHq 32 months which remired the a~~roval of the Planninq cpo two or more warcels for purposes of sale. lease or other convevance. and provided further that the DeDartment has: Phvsicallv inspected all proaertv for which a zoninq permit or subdivision ap~roval has been issued. &!l Developed a method ap~roved bv the Citv Council for detennininq the fair market value of all DroDertv in the Citv as of ADril 1st of the subject vear. This pethod must be: 2 Set forth in written form. 2' Ava Le t ef m I I 3. - yg g that vrovertv which is subiect to tax stabilization aureements. \ Text which is to be deleted is shown in brackets. Text which is to be added is underlined. 1 ARTICLE IV SPECIAL ASSESSMENT FOR BWIFT ESTATES Shall the City impose a special assessment in a maximum amount of $50,000 on those properties identified as Lots 2 through /z& on a plan entitled Swift Estates, dated, 4 I which assessment shall be a apportioned among such properties on the basis of each property's value on the City's grand list for 1990-1991. This assessment shall be paid in equal quarterly installments amortized for a * C term of not less than 3 years but not more than /s years at an annual interest rate not exceeding A%. The funds raised by this special assessment shall be used to pay any indebtedness incurred by the City for the construction of public sewage disposal improvements to provide service to the identified properties. ARTICLE V SPECIAL ASSESSMENT FOR COUNTRY CLUB ESTATES Shall the City impose a special assessment in a maximum amount of $170,000 on those properties identified as Lots - through - on a plan entitled Country Club Estates, dated, I which assessment shall be 3 i apportioned among such properties on the basis of each property's value on the City's grand list for 1990-1991. This assessment shall be paid in equal quarterly installments amortized for a term of not less than years but not more than - years at an annual interest rate not exceeding %. The funds raised by this special assessment shall be used to pay any indebtedness incurred by the city for the construction of public sewage disposal improvements to provide service to the identified properties. POLLING PLACES ARE THE CHAMBERLIN 8CliOOL ON WHITE STREET, THE SOUTH BURLINGTON MIDDLE SCHOOL ON DORSET STREET AND THE ORCHARD SCHOOL ON MACINTOSH AVENUE: VOTER8 TO 00 TO THE POLLING PLACE IN THEIR RESPECTIVE DISTRICT. Dated at South Burlington, Vermont, this - day of April, SOUTH BURLINGTON CITY COUNCIL FILED AND RECORDED this day of April, 1989 Margaret Picard, City Clerk