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HomeMy WebLinkAboutMinutes - City Council - 02/20/1989THE SOUTH BURLINGTON CITY COUNCIL FEBRUARY 20, 1989 City Council The South Burlington City Council held a regular meeting on Monday, February 20, 1989, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage, Molly Lambert, William Cimonetti Also Present William Syzmanski, City Manager; Joe Weith, City Planner; Sonny Audette, Street Dept.; Wendy Schroeder, Business Manager; Sid Poger, The Other Paper; Robert & Cynthia Hoehl, Robert Cooper, Victor & Ann Ratku, Martha Campione, Greg Premo, Fred Donaldson, Ted Irish., H.M. Farmer, H.M. Marvin, George Brady, Jim Chapman, Roy D., Will Barrett. Comments & Questions from the Audience (items not on the agenda) Representatives of Fire District #4 addressed the Council with a letter which expresses their concerns over the unmanned sub-station on Holmes Road. There were 7 citizens present to encourage the Councils' approval for the July 1, budget which asks for six men to man the station. (See attached letter) George Brady (Citizen) - In opposition, expressed his concern that there should be full coverage of every substation without increasing his taxes. The solution to this is to increase the volunteer forces. He stated that most of the volunteers come from the north end and he feels that the south end needs to do another campaign for volunteers before raising the taxes of those who work "swinging a pick." "Vermont is a place where people are supposed to help each other," he said. He recommended that the Council hire a consultant to come in and analyze the needs before spending money for six more firemen. Mr. Farrar thanked all those who spoke for their comments. Will Barrett - Shared several quotes from articles discussing gun control. He is concerned that the Chief of Police is on a crusade for gun control and he requested feedback on this from the Council. Mr. Barret is against gun control and feels that statistics have shown it increased crime when implemented. Mr. Farrar said that he did not have specific answers to his question. Jim Chapman - Shared his concern over the sales of guns (oozies, MI Durans, etc) which he heard were being sold through a store after police had confiscated them. Mr. Farrar said that if there was any information to make public in that regard, it would be made public. Mr. Chapman said what he had heard was hear say, but it concerned him greatly. Molly Lambert moved to dismiss the request for the stay by Save the View Inc. dated Feb. 3, 1989 and received by the City Clerk Feb. 6, 1989 on the grounds that jurisdiction over matters related to the approval granted to Cynthia and Robert Hoehl by this City Council on Jan. 31, has been transferred to the Chittenden Superior Court by the filing of an appeal of the Council's decision being filed on Feb. 13, 1989. Mr. Flaherty seconded. No discussion was held. In the vote which followed, the motion passed unanimously. Continue Public Hearing on City Zoning Regulations for Spear Street Scenic Overlook District. Mr. Farrar asked for additional information regarding the Public Hearing Amendments to City Zoning Regulations for Spear Street Scenic Overlook District. Mr. Dinklage noted that the Council just received additional information from the City Planning Commission. He then asked Joe Weith if he shared this information with the property owners prior to tonight's meeting? Joe Weith (City Planner) - Had not gone over this information prior to tonight's meeting. Joe gave Dr. Ratkus a copy of this information tonight at the beginning of the meeting. Dr. Ratkus confirmed this. Dr. Ratkus asked Mr. Farrar what he thought about the sizes recommended by the City Planner. Mr. Farrar said the sizes of houses they could build seem to be restricted. Lot #1 could be 600 sq. feet... Mr. Flaherty said it could be an apartment, (a small one). Joe Weith pointed out Laurel Hill elevations. There is a house at about 3,000 feet west of Spear St which is at elevation 255 with a pool. The height limit is at 256. Apparently there is a large rise and according to the USGS, there is a 15 foot height difference. Farrar emphasized that the elevation of that area where someone put in a swimming pool is within 10 feet of the elevations that say structures are prohibited. The houses in that area are nonconforming as it states. Joe Weith confirmed that. Molly Lambert requested a clarification on the term "Invert Elevation." It is where the sewer pipe is. William Cimonetti asked Mr. Farrar if Interim Zoning were made permanent, under what circumstances would it then be possible to construct on any of the six lots that are in question? It would depend on the particular lot. They could build with reasonable dimensions. The data that we have seen shows that one of Dr. Ratkus's lot's could not have a traditional house built on it. An underground house would not be a traditional type house and that is the only type that would fit under the rulings as they are stated. These people could seek variance from the zoning board if so requested. Mr. Dinklage clarified the criteria that the zoning board must deal with when considering a variance request. You first need to have the features of the land that make it impossible to reasonably use the land under the zone given those topographical features. Mr. Cimonetti commented that the biggest misconceptions about Interim Zoning is that if it were made permanent, it would then be an absolute guaranteed prohibition against any structures going up on these lots that would block the view. There are procedures under which variations from that ordinance can in fact be granted. There is legal right to apply for variance. Mrs. Ratkus addressed the Council with the cross sections of the lots in question which Mike Dugan (architect) prepared for the Planning Commission. Lot #1 could not have a house placed on it with Interim Zoning specifications, Lot #2 you would have to build on the bottom of the lot. Lot #2 can only have a 600 foot ranch and we didn't buy it to build a ranch. Joe Weith showed ground elevations and said the houses would be built close to sewer lines if they were built on these lots. Farrar commented that one lot could not really have a buildable house on it. Dinklage added that a house on the other lot could not be built above the sewer line. So basically these two lot's are unbuildable. Dr. Ratkus expressed his concern over the land value above where the park is. He recommended that the Council seek an appraiser's view. He was emphasizing the loss he would take if he had to build below on his property. Mr. Farrar confirmed that the Planning Commission would be providing a document to the Council on this issue. Joe Wieth Confirmed. Mr. Farrar recommended that they continue this hearing on March 20 when at that time the additional forms from the Planning Commission could be reviewed. Action will be taken at that time. Mr. Cooper asked why the 20th of March? Mr. Farrar said it would give time to publish the warning for the public hearing and the document to be sent back to the Planning Commission. Mr. Farrar said that he had been led to believe incorrectly that assuming we vote yes on the document that the planning commission split into two. The portion that includes the issue of where the houses will be built, near Spear St. it's the intention of Save the View, if we vote yes, to ask for a petition to put it to a vote on the May ballot. If we vote no, it is the intention of Save the View to put it on the ballot also. This would allow reasonable petition time. Mr. Cooper said if the voters in favor of interim zoning so be it. But if they vote against it, what happens? Mr. Farrar says it would be in affect until the election or until the document runs out. Mr. Cooper asked if they turn down question B where are we? Mr. Farrar said, we'd still have interim zoning. The other possibilities are if they vote yes to make interim zoning permanent, then there may be a petition by you to put that up to a vote. This would take 5% of the citizens to vote it in. If we vote it down then the Save the View could petition it to the ballot. Mr. Hoehl asked for the clarification on petition/veto power. Mr. Farrar explained that under the city Charter. "If 10% of the citizens so petition they can bring this to action. Mr. Dinklage moved to continue this discussion on March 20 since we do not have additional information tonight while we warn public hearing of the zoning amendments that will be returned to us by that date. Molly Lambert emphasized that we will discuss and take action at that time. Mr. Flaherty seconded it. Mr. Cooper questioned the Council because he would be out of town on March 20th. It was resolved that Mr. Cooper would try to attend. Mr. Cooper then requested clarification on whether or not we have to prove the constitutionality of interim zoning. Mr. Farrar said we would have to determine the consitutionality after it comes to the vote. If Council votes no, they would not have to address this issue, if they vote yes on permanent interim zoning then they would have to determine that it was reasonable and rational for the city's best interest. (based on the City Charter and Constitution of the U.S.) Do we have the legal right to do this? We want to protect the city's interest and it's citizens interests. Mr. Hoehl felt that the Council has other avenues to pursue other than petitioning. He feels that the Council could amend the zoning issues. Mr. Farrar reminded him that the Council's actions are petitionable. Mr. Hoehl felt that the Council could change the zoning without having to go to the voters. Mr. Farrar confirmed that. As part of Document B (houses) there is a part that says if we put this into affect by voting affirmatively on the 20th of March, then within 15 days, either we have a petition to put it on the ballot or we don't. If we don't have a petition at that time, then interim zoning no longer exists. If we vote on Save the View's petition, which is a permanent zoning rule which says you can't build in the area defined by the interim zoning district. We will vote it up or down that evening. Molly Lambert said the petition must come within 21 days after our vote. If there is no new petitions then this is the end of the issue. If we get petitions we will have one or two things on the ballot. The petition to reverse the Council's decision must have 5% of registered voters. If they wanted to make the Zoning Permanent under the City Charter, then they would have to have 10% of the voters who voted in November. Farrar reiterated the motion to postpone voting until March 20th. In the vote which followed, the motion passed unanimously. Proposal for City Employee Classification Study There was a request for City Employee Classification Study. Mr. Dinklage requested clarification on the paragraph which states that "we require a written contract be executed within 30 days of acceptance of this proposal." Does this mean we accept this proposal and it will have a 30 day completion target? Wendy Schroeder said it means that we would have a contract between us within 30 days. The time frame for the study is ideally one year. There is no commitment as of now. The expense would be $10-12,000. Dinklage moved that the City Manager be authorized to send out requests for proposals based on the document we reviewed tonight. Flaherty seconded. In the vote which followed, the motion passed unanimously. Review of City Personnel Rules & Regulations Molly Lambert moved to accept the amendments in the City Personnel Rules and Regulations as presented. Dinklage seconded. In the vote which followed, the motion passed unanimously. Mr. Farrar recommended skipping item #6 (City Budget until the end). Review Planning & Zoning Agendas Mr. Flaherty expressed concerns over Item #2 - the zoning of the Gulf Station on the corner of Airport Dr. that wants to add a convenience store. Due to the nature of the traffic situation and small lot size, he felt the zoning board should be asked to consider this carefully. The Council discussed with Sonny Audette about left turn lanes that are needed before a convenience store could be safe. No motion was necessary. Common consent was reached amongst the Council. Mr. Farrar so ordered the consent. Minutes Mr. Dinklage moved that the minutes be accepted as presented. Molly Lambert seconded. In the vote which followed, the motion passed unanimously. Disbursement Orders Disbursement orders were signed. Old Business Molly Lambert recommended the fact sheet about speed limits be placed on a future agenda to be discussed. Mr. Dinklage expressed concern regarding Patchin Rd having a slow speed limit. Sonny Audette shared his knowledge on the speed issues with the Council. Council met as Liquor Control Board Flaherty made the motion that we approve the 2nd Class Liquor License for the Yogurt Patch Inc., 1525 Shelburne Road. Molly Lambert seconded the motion. In the vote which followed, the motion passed unanimously. Review of Supplemental 1989-90 Operating Budget Requests-above allowable The Council discussed the $745,410 + budget. The discussions will continue at a future date. A copy of the Supplemental 89-90 Operating Budget requests-above allowable is attached to these Minutes. Flaherty moved to adjourn the Council meeting at 11:49 p.m. Mr. Dinklage seconded. In the vote which followed, the motion passed unanimously. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. FIRE DISTRICT #)I February 21, '89. South Burlinqton City Council Dorset Street, South Burlinqton, Vt. To the Members of the Council: Fire District # 4, (bounded by Swift Street on the north and Allen Road on the south), at a meeting in 1987 voted to donate einhty thousand dollars(80,000.00) to the City towards the con- struction of a Fire Sub-station to be located on Holmes Road. This contribution covered thirty-five per cent of the cost of the new facility. The people in the Fire Dqstrict feel that they have supported the city in this very importwt need for fire pro- tection in this area and now look to you, our elected officials, to make it an operatinpr facility. When the Council voted to construct this station it was assumed by the voters that the city was makina a committment to operate the station on a full time basis. It still is not an operative station. At the present time we feel this facility is of mar~inal utility for brotection and that the situation is very dangerous, The numbers, type and size of new construction, both residential and commercial in the south end has even 0ut~a0ed the expectations of ~routh since the Council voted to establish this Sub-station nearly two years ago. We are aware that the Fire chief has included in the Fire Depart- ment Budget for the new year July, 1, provision for six men. This would mean two men per eight hour shift and would compare with the Burlington Ferguson Avenue Sub-station. According td the Burlington Fire Marshallst office this is a bare minimum for operating in a con~ested area. Considering the ever increasing traffic problems on ShelburneRoad we strongly recommend that you financially support this request in theBudget of the Fire Depart- ment and also ask that you not delay in manning this station until July. This Fire District Board is unanimous in making this request to you, the City Council of South Burlinaton. Very truly yours, FIRE DISTRICT # 4, Arthur Railey, Chairman; Fred Smith, Treas. Huah Marvin, Gre~ Primo Fred Donaldson, Richard Oucciardi I@ SUMMARY SUPPLEMENTAL 1989-90 OPERATING BUDGET REQUESTS-ABOVE ALLOWABLE 1. Chamber of Commerce - Convention Bureau $ 5,000 2. Mayor of Burlington - Aid for Emergency Shelter ? 3. City pay $5.00 per month for Senior Citizen's Cable T.V. ($60 per yr. 3 say 2,000 senior residents) $120,000 4. Additional help for City Offices, change part-time person to full-time. Salary & fringe benefits $ 19,000 5. Payoff employee accumulated vacation & compensatory time $ 25,000 6. Natural Resources - Bicycle trails $ 4,115 ! 7. Recreation: (a) Part-time Activities Director $ 4,780 ! (b) Jaycee Park Playground Equipment $ 3,500 I (c) High School Tennis Courts - repair & repave $ 12,840 (d) Jaycee Park Basketball Cts. - repair & repave (e) Maternity Leave - part-time secretary 8. Library: Computer Equipment 9. Fire Department - 6 full-time people @ 10. Police Department: (a) Law Enforcement Accreditation (b) Incomimg Call-recorder Ic) Mobile Radios (2) (d) Pagers (6) (e) Cruiser Light-Bars (5) 11. Highway Department: I (a) Park maintenance person $ 25,000 I (b) Traffic Signals - Kennedy Dr./Timber Lane $ 40,000 (c) Traffic Siqnals - Kennedy Dr./Kimball Ave. $ 40,000 (d) Intersection Improvements at Williston Rd and Kennedy Drive $150,000 le) Additional street painting $ 10,000 (f) Repair cracks & level 500' of Williston Rd. $ 8,000 12. Social Awareness Committee-above 10% allowable $ 9,330 13. P.A. System - City Hall Conference Room $ 2,500 Approx. Total plus ~urlington's Request(item #2)