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HomeMy WebLinkAboutMinutes - City Council - 01/30/1978CITY COUNCIL JANUARY 30, 1978 Correction On page 6, in the motion by Mr. Paulsen containing three sections, it should read that the Council and Commission meet to establish a positive, not possible, course of action. In the third section of that motion, it should read that action be taken regarding the traffic situation on Shelburne Road. The South Burlington City Council held a meeting on Monday, January 30, 1978 at 7:30 pm in the High School auditorium and the Hiddle School cafeteria. Members Present Paul Farrar, Chairman; Michael Flaherty, Frank Armstrong, Martin Paulsen, William Burgess. Others Present William Szymanski, City Manager; Stephen Page, Planner; William Wessel, James Ewing, Sidney Poger, George Mona, Planning Commissioners; Robert Martineau, Zoning Board Chairman; Hugh Marvin, S. B. Rep. to Regional Planning; Fran Brock, Free Press; Cynthia Rubin, The Other Paper; Joe Slakas, WJOT/WQCR; Daniel and Sandy O'Brien, Ronald Schmucker, Peter Jacob, Ralph Goodrich, Richard W. Posey, Jr., Alan D. Palmer, Ivan Beliveau, Mike Martineau, Rene Racine, Lucille Racine, Donald Whitten, Donald C. Duell, William and Ethel Schuels, Mary Thompson, Rowland Peterson, Rene J. Berard, Lloyd Kranz, Lubomir Dellin, Bob Furlong, Viola Luginbuhl, Ralph Veve, Richard Pepperman, George Volen, John Dinklage, Peter Yankowski, Bob Larson, Lowell Krassner, Diane Geerkin, Steve Bushey, Doug Meredith, Hal Benson, Dick Davidson Discussion of interim zoning The meeting was called to order in the high school auditorium, at which time it was moved by Mr. Armstrong to adjourn the meeting at the high school auditorium and move it to the middle school cafeteria. The motion was seconded by Mr. Paulson and passed 3 votes to 0. The meeting was reconvened at the middle school cafeteria. Mr. Farrar said that at the last meeting the Council had received information on the factual situation and had received more of those facts. At this meeting he wanted to see whether the facts warrented the course proposed. Mr. William Wessel, Chairman of the Planning Commission, outlined the Commission's position (see attached copy). The Commission feels that the highways and sewers in the city are at or near capacity and it wants to pause and look at the situation. The Commission has two jobs, he said. The first is to review site plans and subdivisions and the second is to do long range planning. Lately, it has been doing 95% of the first and has had no time for the second. He said that the figures which indicated that several intersections were at or very near capacity were taken some time ago and that development has taken place since then. He felt that the rate the city was growing would exceed what was called for in the Master Plan. The Commission, through phasing, has projects which will be building 3 to 400 units in the next three years. The Commission has a list of five objectives for the period of interim zoning, if passed, he said. They would like to look at growth controle, not to stop growth, but to take measures to insure a quality environment. They want to look at a Capital Budget program, which if set up, would allow them to pace growth to services. Traffic will also be studied during this time. He pointed out that some years ago the Citizens had produced a report on Williston Road which detailed some solutions to the problem. The Williston Road Task Force Study has been ignored for some time because the city administration and staff have been so heavily burdened with other duties, as has the Planning Commission, and it is now out of date and only one recommendation has been carried out. The Commission would like time to work on an official city map which would Locate future city improvements. This would insure that buildings did not get put where the city planned a future road, for example. They would also like to look at zone changes in the city which would help the current problems. There may be changes to the Master Plan and those take time. In response to the suggestion of allowing developers to apply and then turning them down for sewer or traffic problems, he said that there might be some problems with that. It is hard to keep a development waiting for several years because regulations change in that time and an old approved development would not be subject to the new regulations. He also said that if the Commission gave permits on a first come, first served basis, they might have one developer ask for an entire year's supply of permits. He felt that it was a stronger position legally to say no and then when there were new laws and regulations, everybody would start out fresh. Mr. Richard Pepperman said that he had attended the last meeting and that when Mr. Yankowski expressed concern about the deteriorating quality of the air and water, Mr. Farrar had replied that they were not discussing philosophy at that meeting. He (Mr. Pepperman), felt that what was being discussed was philosophy and should be philosophy, since that is the pursuit of wisdom and the system of values by which people live their lives. He felt that one side of the city wanted growth at any cost, since it felt that it would produce monetary benefits, and the other side saw growth as destructive of a particular way of life. This split, he felt, was tearing the city apart. Mr. Farrar replied that Mr. Pepperman had misconstrued what he had said at the last meeting. Mr. Bill Schuele said that the City Planner had proposed the concept of interim zoning for this particular use and that the City Attorney had approved it for this situation and that the Planning Commission recommended it. All the people to whom the City Council turns for advice have recommended interim zoning and if the Council rejects it, then the responsibility is on them if traffic gets worse or the sewer overflows. If the Council chooses to go the way of rejecting advice given it, then the citizens have a duty to determine what the makeup of the Council should be, he said. Mr. George Volen said that he was waiting to see if the dollar was more powerful than common sense. Mr. Lowell Krassner said that the facts show that there is a potential health problem if the sewer is overloaded and he felt that there already was a traffic problem. Public welfare is at stake and he said that all the facts point to one central decision - that there is too much growth at this time and that the city needs to get a handle on it. Any new development would not help taxes much, he said, and he felt that interim zoning was the best choice that the Council could make. Mr. Bob Larson said that he had lived in the city since 1968 and that he admired anybody in public government, but he felt that instead of acting in a leadership role, the Council has been in a more reactive mode recently. All the pressure on the city has caused it to react rather than lead, and he fait that South Burlington was just "muddling through". He supported interim zoning, he said, and he felt that it was needed. He also thought that it was time for the City Council to begin exerting leadership to take the city in the proper direction. Some issues are unclear in the city and the city offices are overburdened and the staff needs more help. He suggested a look at the situation. Ms. Diane Geerkin said that she supported interim zoning because in view of the circumstances described, it made sense. She said that a decision to have interim zoning would be in the interests of the whole community, not just those who wanted to make a fast dollar and who were panicking at the thought of not being able to build for one year. Mr. Lubomir Dellin said that he was not philosophically opposed to growth and free enterprise but that he felt uneasy about the facts concerning growth in the city. He has been a resident of South Burlington for 18 - 20 years and he thinks that no one can accuse the city of lagging behind concerning growth. He said that the city has been growing well above what it thought reasonable and he thought that perhaps the city had grown too fast. He did not see anything so radical in the Commission's proposal of a year to reflect on the situation. Mr. Steve Bushey said that he was against interim zoning and he objected to the notion that development was carried on by quick buck artists. He said that his house was built very well and was done by someone for interim zoning. He felt that the Planning Commission should find another course of action, and said that he felt that the planning process should be a gradual one over several years, and he recommended that the Commission alternate its meetings - one for developers and the next for planning. He felt that interim zoning was aimed at large developers and said that the Council should realize that these people can go anywhere in the country. It is the little man who will be hurt, he said. He said that there was no question that there was a traffic problem but he did not feel that the answer was shutting off growth. Mr. Lowell Krassner said that from what he understood, interim zoning would not stop growth, but would give the city time to develop ways to deal with and control growth so that it will be a benefit. Mr. Ronald Schmucker asked Mr. Paulsen if he had any additional information on sewer capacity. Mr. Paulsen said that he had the three years average on BOD and suspended solids from the plant and that the figures indicated that the gallonage could go up without an increase in the pollution permit. Mr. Farrar said that it would mean a technical modification to the permit. Mr. Paulsen said that another 130,000 gallons per day capacity would be available and that perhaps 50,000 per day could be gained by other means. Mr. Szymanski said that his figures were very similar to Mr. Paulsen's but he pointed out that the problem was the peak load. When the flow approached 1.9 million gallons, he said, the plant had trouble treating it. One alternative is to store the excess until the peak was over, and then treat it. Mr. Paulsen showed the public a graph of flows into the plant over time and said that the graph indicated illegal or improper connections to the sanitary sewer, which raise the flows. In his opinion, and supported by high flows into the plant during wet weather, the city in that section has a condition which is highly susceptible to inflow and infiltration. If 1/2 of the illegal flow were cut off, he said, that would help alleviate the problem by increasing the capacity and decreasing the present flow. Mr. Farrar asked whether the maximum increase in flow would be about 35% to 40% and was told that was correct. Mr. Paulsen said that the flow charts indicated that sump pumps, floor drains, and downspouts were in use and he said that these were illegal. He felt that a duly authorized city employee should be searching out illegal connections and asking the owners to remove them. He said that the authority to do this was in the city documents. Mr. Schuele said that rainwater was not raising the BOD levels and he said that perhaps what was being indicated was that there were areas where houses should not be built. Mr. Volen said that Mr. Paulsen had made a very good point but that the city needed time to consider it and would not have the time without interim zoning. Mr. Peter Jankowski said that the city had air, water, and BOD problems in addition to the bad traffic situation. He felt that a mandate some time ago had indicated that the city should grow at 2% and that this had been a collective viewpoint, which he felt was the most valid of all. He felt that the city had not grown, but had destroyed many of the things it had, and he wanted time to set a pattern of nice, not destructive growth. Mr. Lowell Krassner asked Mr. Paulsen how long it would take to find and remove illegal connections and was told that that depended on the manpower used and the amount of time spent on it. He said that it would take time, however. Mr. Krassner said that the city should take some action on that but said that in the meantime there would still be congestion problems and he felt that the answer was still interim zoning. Mr. Hugh Marvin said that he agreed the Planning Commission had problems and he felt that they needed professional help, but he said that they also had the tools to be stricter than they presently are. He cited the example of Bonanza and Pizza Hut. Mr. Wessel replied that that development was reviewed under site plan and that by law, the Commission could not look at traffic in the vicinity. He said that interim zoning was needed so that they could write laws to give them a grip on things like that. Mr. Bob Larson said that there seemed to be a fundamental difference of opinion in the city concerning major issues, such as a Capital Budget. He said that there were so many people coming into the city right now that he did not feel that a one year halt would do any damage. He appreciated the efforts of the Council to hold taxes down, but he said that there was a point where more help was needed and that help could not come from people who were presently working full time and evenings too, like Bill Szymanski. He said that if the Council felt more help was needed, they should bring it to the voters and convince them that it was necessary. Mr. Rene Berard said that if things were going to be held back for a year, he would like to have it so the small businessman was not hurt. Mr. Goodrich said that he would like to see more help in city hall to do something with all the reports that have been made in the past. He felt that what was necessary was not to stop growth, but to help the people in city hall evaluate the information that they have in their possession. Mr. Doug Meredith said that he was something of an economist and that his observations all over the country indicate that South Burlington is in a very fortunate position. Hundreds of cities would give their right arms for South Burlington's growth potential. Interim zoning, he felt, would say to the rest of the world that the city is not interested in growth and if the city says that it will take them years to live it down. He also said that he felt interim zoning would have an effect on the rate of interest on bonds. Mr. Hal Benson agreed with Mr. Meredith and felt that if the city went to interim zoning, industrial and commercial developers would not stop and wait for the city to be ready - they would go elsewhere. Mr. Pepperman said that it was amazing to him that people did not see the blight that was coming from too much growth. Mr. Lowell Krassner said that the city is in the middle of the focus of economic growth in the region and he felt that it still would be several years from now. He said that the city was in danger if it did not do some solid planning now. He felt that one year's delay would not be bad. Mr. Schuele said that the improvements to the Dorset Street - Williston Road intersection recommended by the Williston Road Task Force some time ago would be used up by the expansion of University Mall. The recommendations were made before the Rand expansion plans were made, but after both events occur, that intersection will be no better off than it is now. Mr. Poger pointed out that interim zoning would not put a freeze on development in the city - there will still be parts of the city which can be developed outside the proposed zones. He also said that the Commission was supposed to meet every second and forth Tuesday of the month, but that in the last year there were probably 3 Tuesdays on which they did not meet in the entire year. Since they are so busy with applications they have little time to plan and look at reports. He said that what had been said about the Dorset Street - Williston Road intersection capacity was true and that the Task Force report was now out of date and inadequate because no one in the city had had time to work on it and implement it fully before this. He said that it would be foolhardy to do anything but interim zoning. Mr. John Dinklege said that he agreed that interim zoning would not stop or even slow growth in South Burlington, but he said that it would relieve the Commission from having to deal with the next wave of applications based on a future expansion of the sewer plant. He felt that the city needed a year's grace to resolve basic disagreements and he was convinced that if things continued the way they were, the Commission would have an endless line of applicants waiting for sever capacity. He felt that a year was necessary to put planning instruments in order and discuss philosophical issues. Mr. Meredith asked if the Commission had considered splitting into two bodies - one to do long range planning and the other to hear applications. Mr. Wessel replied that was being considered. Mr. Rowland Peterson asked how much the alum treatment Mr. Paulsen had mentioned at the last meeting would cost. Mr. Pualsen did not have the figures, but Mr. Szymanski said that the thought it would be roughly $30,000 - $40,000 a year. Mr. Peterson asked how much a storage tank for the periods of high flow would cost and Mr. Szymanski replied that he thought that one which could hold 100,000 or 200,000 gallons would cost about $40,000. Mr. Peterson felt that that cost could be lived with and he said that he felt it was unfair to put a freeze on development when many people who own commercially zoned land have been paying taxes on it for many years. He felt interim zoning was not necessary. Mr. Bob Furlong said that the city had been doing a good job and he urged them to vote for interim zoning to give them the time they need to keep doing it. Mr. Armstrong asked whether it was true that there was already a waiting list for capacity in the sewer plant and was told that it was. Mr. Wessel, said that the Commission had three reasons for asking for interim zoning. One is that they feel that certain services are at capacity and that that is dangerous, the second is that they feel that they need a rest period in which to do some planning, and the third is that they are not sure they have the power to simply turn everyone down, which would be de facto interim zoning. They would also lose the breathing time they hope to gain without interim zoning. He said that the Commission wants time to do things like setting traffic standards. Mr. Paulsen said that if traffic was the issue, should not the sewer be taken out of the interim zoning proposal? Mr. Wessel replied that the document did not originate in the Planning Commission but that they only recommended it. Mr. Poger pointed out that he had requested at the last meeting that traffic information on Williston Road be included in the findings of fact in the document. He repeated that he felt that traffic was the real problem and that he felt that the sewer situation was another reason for interim zoning. Mr. Farrar said that there were two points to consider - whether situation in the sewer plant requires this action, and whether the situation on the roads requires this action. Mr. Flaherty said that he would like to see if there was support for interim zoning before the Council put in a lot of time revising it. He moved that the City Council consider approving this particular interim zoning document at this meeting with the particular specific document to be approved at a future meeting. He said that the Council had heard everyone who wanted to speak and he said that the responsibility was on the Council's head. If they are wrong, the city could be in bad shape. He said that they had to be conservative right now and said that he did not think it would freeze the city totally. Mr. Armstrong said that he felt there were weaknesses with the proposal and one was that the little man would get hurt, as would the man who wants to build a house on his own lot. He did not think that the regulations would hold up very well. Mr. Burgess felt that to have interim zoning one had to have an emergency situation and he was not sure there was one in the city. To approve interim zoning now and work on it later, he felt, was putting the cart before the horse. Mr. Farrar said that the motion had failed for lack of a second. Mr. Paulson moved that the interim zoning regulation as submitted and discussed at our meetings of January 24 and January 30, 1978 in its present form be denied and that we immediately start joint meetings between the City Council and the Planning Commission to look at the problems that exist in the interim zoning document. The motion was seconded by Mr. Armstrong. Mr. John Dinklage said that if the Council left the meeting tonight without some clear sense of what the majority of the members of the Council feel about the findings of fact and whether they warrent some sort of action, then he said that he thought that they have failed the public and their elected duty. He urged them to adopt some resolution stating whether they think the findings of fact convince them that there should be some action taken on the order of severity of interim zoning. Mr. Armstrong said that he would accept interim zoning if it accepted the small businessman and if the sewer issue were taken out. Mr. Burgess said that he tended to agree but did not like to see the city lose the opportunity to do something about its problems. He did not feel interim zoning was the answer but he said something had to be done. Mr. Paulsen said that if this motion passed, he had another one he would like to propose and he read it to the Council. Mr. Flaherty said that he opposed the present motion because he was afraid that nothing would happen. The intentions are good, he said, but he felt that action had to be taken. He wanted to adopt interim zoning in principal. Mr. Burgess said that while there was potentially another way to solve the city's problems, he did not want to go with interim zoning. He felt it was too radical a step and he said that if the city could not solve its problems by other means, they would still be able to go with interim zoning. Mr. Flaherty moved that the present motion be divided in half. The motion was seconded by Mr. Burgess, and passed unanimously. Thus, the motion would read: "that the interim zoning regulation as submitted and discussed at our meetings of January 24 and January 30, 1978 in its present form be denied." Mr. Farrar said that there were now two motions on the floor. He called for a vote on the first one and it passed with Messrs Farrar and Flaherty voting no. The second motion would now read: "that we immediately start joint meetings between the City Council and the Planning Commission to look at the problems which exist in the interim zoning document." Mr. Farrar called for a vote on this motion and it was denied unanimously. Mr. Paulsen then moved that a joint meeting between the City Council and the Planning Commission be scheduled as soon as possible to establish a possible course of action to consider and deal with the following: 1) Sanitary waste collection and plant operation at the Airport Parkway waste treatment facility. 2) Review existing reports and take positive action regarding the traffic congestion on Williston Road, Kennedy Drive, Dorset Street, and Hinesburg Road, and 3) Review existing reports and take positive action regarding the situation on Shelburne Road. The motion was seconded by Mr. Burgess and passed unanimously. Mr. Paulsen then moved that the City Council appoint Mr. Hugh Marvin as the chairman of the South Burlington Southern Connector Highway Study Committee. Mr. Farrar felt that the motion was out of order since the item had not been on the agenda for this meeting. The meeting was declared adjourned at 11:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.