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HomeMy WebLinkAboutMinutes - City Council - 08/20/1979CITY COUNCIL AUGUST 20, 1979 Correction On page 4, in the second full paragraph, it should read that other homeowners on the street want to purchase more land, but they do not have options. The South Burlington City Council held a meeting on Monday, August 20, 1979 at 7:30 p.m. in the Conference Room, City Hall, 1175 Williston Road. Members Present Paul Farrar, Chairman; Michael Flaherty(late), Martin Paulsen, William Burgess, Kenneth Jarvis Others Present William Szymanski, City Manager; William and Ethel Schuele, Sally Jacobs, James Goddette, Dennis and Diana Snyder, Paul Thabault, Walt Lenerig, Bruce O'Neill, Laura King, Stephen Page, Wayne Jameson, Lowell Krassner Agenda additions The following were added: 1. Update on violation of the CO zone by a developer. 2. Reading of three letters. Minutes of August 6, 1979 It was moved by Mr. Jarvis and seconded by Mr. Paulsen to approve the August 6, 1979 minutes as printed. The motion passed without dissent. Disbursement orders Disbursement orders were signed. Mr. Flaherty arrived at this time. Public hearing on proposed amendment to the City Charter Mr. Farrar noted that this public hearing had been duly warned for 7:30 p.m. He read the proposed amendment, which is an addition to Section 1309 in the Charter. The vote will be the second Tuesday of September. There were no suggestions, questions, or comments. Mr. Jarvis moved that the public hearing be closed. Mr. Paulsen seconded the motion and all voted aye. Consider the proposed policy and administrative guidelines for the Community Library Mrs. Ethel Schuele spoke to this item. She said the Council had received copies of the guidelines and that the School Board had already seen and made changes to the draft. She told the Council the new library facilities were working very well and in response to a question from Mr. Paulsen, said that it has been discovered in libraries in other communities that charging a fee for late book return is, in fact, a disincentive to returning books when they are long overdue. Mr. Paulsen moved to approve the proposed library rules and regulations as submitted. Mr. Burgess seconded the motion and all voted aye. Continue public hearing on request of Normand Ramsey to construct an 18 unit motel at 1108 Williston Road Mr. Farrar stated that the applicant had requested that the hearing be postponed until the Council's next regularly scheduled meeting because he did not yet have all the information requested by the Council. There was no objection, so Mr. Farrar ordered the hearing continued to the next regular meeting. Formal action on staff prepared motions for the following Interim Zoning Applications Mr. Burgess noted that he had not attended the last meeting, but that he had read the minutes and he did not believe any new information was presented in any of the cases which were to be discussed tonight. He was told that was correct. Mr. Burgess moved that the South Burlington City Council approve the conditional use application of James Meunier, 97 Elmwood Avenue, Burlington, Vermont permitting a taxi dispatch office in conjunction with other business uses at 10 Patchen Road, according to the proposal of record, based on the following findings and stipulations: Findings 1. The proposed use is consistent with the health, safety and welfare of the City of South Burlington and standards 2, 3, and 4 of Section 5 of the Interim Zoning Regulations. 2. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Stipulations 1. That there will be no more than two cabs operating from this location. 2. That there will be no routine repair work done from this location. Mr. Jarvis seconded the motion and it passed with 4 yes votes and 1 abstention by Mr. Farrar, who had not been present for all the hearings. Mr. Jarvis then moved that the South Burlington City Council approve the conditional use application of the Partners, Rowland Peterson, agent of 1340 Williston Road, South Burlington permitting construction of an office complex, containing 40,000 square feet on a lot containing 2.6 acres and located easterly of 1251 Williston Road according to the proposal of record, based on the following findings: Findings 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington and standards 2, 3 and 4 of Section 5 of the Interim Zoning Regulations. 2. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Mr. Paulsen seconded the motion. Mr. Jarvis noted that the staff prepared motion had contained a stipulation relating to Planning Commission stipulations but that the Council had voted at the last meeting to pass a motion without stipulations. Mr. Flaherty moved to amend the above motion to add the stipulation of the Zoning Administrator on his August 8, 1979 memo, which is as follows: "That those stipulations applied by the Planning Commission relative to the subdivision application of the land in question shall remain in effect." Mr. Burgess seconded the motion and it passed with Messrs. Farrar, Flaherty, and Burgess voting yes. Mr. Farrar stated that he was not part of the entire hearing on this application, but he felt this was a procedural question and he said he would like to maintain as much control as possible, which could be done by reiterating the Commission's stipulations. If that body wishes to change any of its stipulations, Council approval must also be obtained. Mr. Flaherty stated that he did not think the proposal, which would generate as much as 400 cars per day, was consistent with the goals of Interim Zoning. The amended motion passed with Mr. Flaherty voting no and Mr. Farrar abstaining. Mr. Jarvis hoped that in the future the staff would prepare motions as the Council directed them to be prepared. Mr. Szymanski said that on the appeal of Champlain Oil, now under consideration, he had checked with the City Attorney about adding a stipulation that the other request of that company for a convenience store, now in court, be dropped. The City Attorney had not felt such a stipulation was appropriate. Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Champlain Oil Company of San Remo Drive permitting the expansion of the convenience store sales area of the existing service station at Hank's U-Save, 1300 Williston Road, according to the proposal of record, based on the following findings: Findings 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington and standards 2, 3 and 4 of Section 5 of the Interim Zoning Regulations. 2. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Mr. Burgess seconded the motion. Mr. Burgess then moved to amend the motion to include a stipulation that the appeal from the denial of the other application of Champlain Oil for a convenience store on Williston Road be dropped on the assumption that the traffic contained in both applications would be excessive. Mr. Paulsen seconded the motion. In discussion of the amendment, it was noted that the reason for the amendment is that the total traffic impact of both locations would, in the opinion of the City Council, be excessive, if this application were to be approved and the appeal from the denial also approved at a later date. The amendment passed unanimously. The amended motion passed with Mr. Flaherty voting no and Mr. Farrar abstaining because he was not present during the entire hearing process. Public information meeting on development and acquisition of additional land of the so-called Potter property off Laurel Hill and Laurel Hill South Mr. Stephen Page, Planner, showed the Council a map of existing city parkland and two contiguous paroels to be given to the city from the condominium project to the east and the Nowland family to the south. Mr. Farrar noted that he had a potential personal conflict of interest with part of the proposal and his own personal activities and he stated that he would not vote on the issue although he wished to take part in the discussion. He offered to give the Chair to Vice Chairman Flaherty, but no one seemed to feel this was necessary. Mr. Page said the land acquisition and development were being treated as one application. The present parkland is 7 1/2 acres, the parcel from the condominium project is about 6 acres and that from the Nowlands is about 8 acres. Mr. Page noted those numbers were subject to change. He said that the proposal was for a small tot lot, 2 lighted tennis courts, and a sandlot ballfield. There is a small parking lot and walkways connect the facilities. These are not paved. There are 4 lights for the tennis courts, 30-35' high. There will be access to the park for the handicapped under this plan. There will also be 3 picnic tables. Mr. Page noted that the facilities were placed in areas with buffering trees around them and placed so little grading would be necessary. There will be pedestrian access in the future to the condominium development. Mr. Farrar noted that the area under discussion was directly behind his dwelling and that when he bought the home he had an option on the land behind it, which is still in effect. This is true of other homeowners on the street also, and they plan to purchase some Nowland land and turn it over to the city and then take some city land in return of the same size, so those backyards will be larger. Mr. O'Neill, Recreation Director, said that these facilities would not be used for city-wide organized sports. Told the walkways were 10' wide, Mr. Farrar felt it would be a mistake to make them large enough for motorized vehicles, noting that there was already trouble of that kind in that area. Mr. O'Neill noted that they were designed so city trucks could go in and pick up trash in the park. He said the city's share of the cost would be 20%. There is a trail through the land. Mr. O'Neill said the facilities could probably be moved on the site if people wished to do so. He noted that 1 1/2 years ago a survey of homeowners in the area had been done and that 44 of the 54 people surveyed had been willing to talk about what they wanted done with the land. Mr. Flaherty moved to direct the Recreation Director to file an application with the State and Federal governments for the development and acquisition of additional land of the so called Potter property off Laurel Hill and Laurel Hill South. Mr. Burgess seconded the motion and it passed with Mr. Farrar abstaining. Other business Mr. Page was asked about the violation of the CO zone by ICV. He said that almost all the debris had been removed and that small trees had been planted where the larger ones had been knocked down in the CO zone. He said the Zoning Administrator and Assistant Recreation Director (who also meets with the Natural Resources Committee) had been to the site and felt the amount of planting was adequate. Mr. Page said the developer said there was a communication problem between him and the bulldozer operator. Mr. Schuele, Chairman of the Natural Resources Committee, said that their concern was that the stream had been physically moved. Mr. Page replied that the Zoning Administrator's judgement was that it had not, and he noted that it was hard to determine the centerline of the brook, which is the starting point of the CO zone. Mr. Page said the Zoning Administrator had rescinded the building permits for the site involved and that had had good results. Mr. Flaherty wondered if the Council should support that action. He moved that the City Council supports the Planner and the Code Officer in withdrawing building permits from a developer who has not lived up to the stipulations imposed by the Planning Commission. City Council, or Zoning Board of Adjustment. Mr. Paulsen seconded the motion and all were in favor. Mr. Schuele suggested a fine be imposed by the city but Mr. Farrar pointed out that revoking a building permit probably cost a developer more than any fine the city could legally impose. Mr. Schuele was concerned that the CO zone was continually encroached upon by developers. Mrs. Schuele wanted to be sure the newly planted trees survived and she was told that could be part of the requirements for releasing the landscaping bond. Set date for special meeting to interview architects for proposed municipal building The date set for this meeting was September 10, 1979 at 7:30 p.m. Messrs. Farrar and Paulsen said they would not be able to attend the meeting tomorrow night with the Planning Commission. Mr. Flaherty said he might not be able to either, and Mr. Jarvis said he had jury duty and might be sequestered. It was suggested that the meeting be held another night and Mr. Szymanski was asked to see if the Commission could meet the 29th of August or the 5th of September. Review Zoning Board of Adjustment agenda Mr. Schuele noted that there was a request before the Zoning Board by the Twin Oaks developers to build in the CO zone. He said the Natural Resources Committee strongly recommended that the Council send a member to the meeting to say that CO zones were not set up so that developers could expand into them when they had filled up their other land. Mr. Flaherty moved to instruct the City Manager to send a memo from the Council to the Zoning Board expressing their concerns about encroachment into the CO zone and asking them to look very carefully at this application as they consider its merits or lack thereof, and also that Mr. Flaherty be empowered to represent the City Council at the hearing. Mr. Paulsen seconded the motion and all were in favor. Other business Mr. Paulsen noted that the Spokesman had "town of South Burlington" printed on it and suggested that when new blanks are ordered that be changed to "city". Mr. Farrar said he had a letter from William Spignesi dated August 17, offering his resignation from the Zoning Board because of a transfer. He will also resign from the Southern Connector Committee. Mr. Flaherty moved to accept the resignation of Bill Spignesi and to direct the City Manager to prepare the appropriate resolution from the City Council, so that it can be signed and forwarded to Portland, Maine. Mr. Burgess seconded the motion and it passed 5-0. Mr. Farrar also noted that he had a letter from Richard Myette, saying that he was resigning from the Zoning Board because it was hard for him to get to the meeting room. Mr. Farrar said he would like to talk to Mr. Myette about plans for a new city office building and ask him if he would like to reconsider his resignation in light of that. Mr. Szymanski said he would look into getting new members for the Zoning Board. Mr. Farrar then said that he had a letter from William Schuele of the Natural Resources Committee recommending that the Council review the decision of the Zoning Board for a parking lot to be constructed in the CO zone of the Interstate. It is the feeling of the Committee that there is no legitimate hardship and that if there were one, it would be self-imposed. Mr. Flaherty felt the City Attorney should look into the matter and advise the Council of whether a reasonable case could be made to appeal the decision. Mr. Farrar asked Mr. Szymanski to find out what the last date to appeal the decision was, and if it were necessary to have a special meeting to be in time, to call one. Mr. Szymanski was asked to find out the Council's options on the matter. Mr. Szymanski said that the petition to put telephone cable under Williston Road had not yet been signed. He has heard from the phone company that the construction firm has agreed not to begin work until 9:00 a.m, so there is no problem. This was approved 1 month ago, he said. He also told the Council that the cost for blacktop sidewalks would be very close to that for concrete, so concrete will be put in. The meeting was adjourned at 9:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.