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HomeMy WebLinkAboutMinutes - City Council - 06/18/1979CITY COUNCIL JUNE 18, 1979 The South Burlington City Council held a meeting on Monday, June 18, 1979 at 8:00 pm in the Conference Room, City Hall, 1175 Williston Road. Members Present Michael Flaherty, Vice Chairman (late); William Burgess, Kenneth Jarvis, Martin Paulsen Member Absent Paul Farrar, Chairman Others Present William Szymanski, City Manager; Stephen Page, Planner; Roberts Strauss, David Merrill, James Thibault, Jr., Larry Leveillee, Andy Potter, WJOY; John Quinn, Sandy Kleppinger, A.W. and Catherine Paquette, Ronald Schmucker, Peter Coffrin, Edward Blake, Peter ValPreda, Richard Backiel, Lowell Krassner, Victoria Sooones Mr. Burgess opened the meeting and explained that the Chairman would not be at the meeting and that the Vice Chairman would be late. Agenda Additions The following items were added to the agenda: 1. Consider a land swap with Treetop of city land. 2. Discuss a land swap or reclaiming of city land at Bartlett Bay. Minutes of June 4, 1979 Mr. Paulsen moved to approve the June 4, 1979 minutes. Mr. Jarvis seconded the motion and all were in favor. Disbursement orders Disbursement orders were signed. Interview applicant for CCTA Board Mr. Burgess asked Ms. Roberta Strauss why she was interested in the post on the CCTA board. She replied that she felt that with the current energy problems, mass transportation would be very important and she felt that in her work she had had experience with people of all income levels and educational backgrounds and she might be able to represent a wider spectrum of the public because of that experience. She said she had a lot of ideas on how to make the system better. Mr. Flaherty arrived at this point and took over the Chair. Ms. Strauss said she had met a lot of low income people in Winooski and she knew how they felt about the bus system. She has just left her job on the Vanguard Press, so she has the time to serve on the Board. Asked whether she would be interested in a position in the city other than on the CCTA, she replied that she was particularly interested in that position. Sign petition for installation of telephone duct along north side of Williston Road from East Avenue to White Street Mr. James Thibault represented New England Telephone and said that the existing line in the area of duct installation would not be taken down at this time. He said that one lane of traffic would have to be closed during the work but that the flow of traffic would be maintained well. Three lanes would remain open. The lane that is closed will be closed only during work hours. At one point Williston Road will have to be cut to service the Chittenden Bank, but that will probably be done on a low traffic day, such as Sunday. Mr. Thibault felt the project would take about 3-4 weeks to complete, and he said it would start soon. Some of the ducts are needed now and some will be left empty for future use. Mr. Thibault brought up the question of replacing the sidewalk with asphalt rather than concrete and then paying the difference to the city and said that would be all right with them if the city wanted to do it that way. The Council said it would decide that at a later date. Mr. Thibault was asked if the city could specify that construction start no earlier than 8:30 or 9:00 in the morning, since at that time of day a lot of people are going west into Burlington. He said that might add to the expense of the project but that he would find out. Bids are due on Friday and if a time limit is set, they might have to call all the people submitting bids to give them the additional information. He said he would get back to Mr. Szymanski tomorrow. Mr. Paulsen asked whether, when one lane was closed, traffic in the open lane next to it would be impeded and he was told they have never had that problem. The lane will be closed only for a short distance. Mr. Paulsen moved to sign the petition for installation of telephone duct on the north side of Williston Road from East Avenue to White Street provided that there be two lanes of west bound traffic in the morning until at least 9:00 am. Mr. Jarvis seconded the motion and all were in favor. Continue public hearing on Interim Zoning application of South Burlington Realty Corp, for multiple use of an existing building at 364 Dorset Street Mr. Peter Coffrin said that they had split the building into two portions. There will be two tenants and 20% of the building will be for storage. He said they had asked the Offset House, the previous tenant, about its traffic and had been told that they had 10-15 employees and 2-3 cars per hour coming into the lot (customers). The new tenants total employees would be 6-8 and they estimate 4-6 customer cars per hour. Mr. Coffrin said that on Dorset Street at the High School there were 10,600 cars per day and at University Mall the figure was about 17,000. If these businesses add 32-40 cars per day to that traffic, it will be an increase of .3% assuming that everyone comes from outside the area, Mr. Coffrin said. He felt that some of the traffic into the lot would be from people already on Dorset Street. There are two curb cuts for the lot. Mr. Coffrin said that his firm had verified the traffic counts given them by the Offset House and that the tenant counts had been derived from what they have at present. One is not at present in the Burlington area and the other tenant (the paint store) is located on a street in this area with a similar traffic count to that of Dorset Street. Ms. Kleppinger asked about parking and was told there was room for 31 spaces. They hope the employees will park on the sides of the building and in back of it. Mr. Coffrin said they could stripe the blacktop area of the parking lot if the city wished. He said they had no plans now for the 20% storage space but might want to put a tenant in there at some time. Mr. Paulsen moved to close the public hearing on this application. Mr. Jarvis seconded the motion and all were in favor. Public hearing on the following Interim Zoning Applications Tin Lizzy Leasing Inc. - multiple use at 1880 Shelburne Road - Mr. Leveillee said the line between Shelburne and South Burlington split this lot and that the parking was in South Burlington and the building in Shelburne. The business, renting of used cars, would be in conjunction with the Regal Car Care Center. Mr. Leveillee did not anticipate parking of more than 10 rental care on the site at one time. Mr. Paquette said that there was a home behind this building and Tiki Garden next to it and that the man who owned it wanted to be sure that his right of way through this lot was maintained. He has a right of way through this parking lot. Mr. Leveillee said that would be kept open. Mr. Paulsen asked Mr. Szymanski to see if he could find a record for that right of way. Mr. Leveillee that if he was able to rent all his cars, his traffic impact would be an additional 15 cars per day. They anticipate that most of their customers will be from the area. Mr. Burgess said the worst case traffic would be 20 cars per day plus employee traffic and Mr. Leveille said that he would have 20 rental cars but no more than 10 would be on the lot at one time. Mr. Jarvis moved to close the public hearing on Tin Lizzy Leasing Inc. Mr. Burgess seconded the motion and all were in favor. Champlain Water District expansion of water treatment plant at Queen City Park Road - Mr. Paulsen removed himself from this discussion. Mr. Blake said the proposed expansion was to the east and he showed the Council a site plan. The size of the addition is now planned to be 58' x 96', although the design changes very rapidly because the expansion is underway on a fast-track design build basis. Mr. Jarvis noted that the application under Interim Zoning was for a building 55' x 75' and that the new dimensions might make a new warning necessary. Mr. Szymanski will look into that. Mr. Blake said more area for filtration of water would be added. The new building will be the same architectural style of the existing one and they hope to be under construction in July. Mr. Szymanski said that the last plans the Highway Department showed the city for the Southern Connector indicated that that road would not be in conflict with this addition. The conflict will come with CWD's storage tanks, on the west of the existing building. Mr. Szymanski felt a copy of this plan should go to the State. Mr. Blake said the addition would increase the capacity of the plant and add some lab facilities and operational offices. It is the result of demands made on CWD's capacity in the last year. No additional employees are anticipated. Mr. Burgess moved to close the public hearing pending Mr. Szymanski bringing this plan to the State for comments on the Southern Connector and pending an opinion from the City Attorney regarding the legality of the warning. Mr. Jarvis seconded the motion. Mr. Burgess said that any information received from the State on this application would become part of this hearing record. The motion passed with Mr. Paulsen abstaining. Peter ValPreda - operate car rental business at 1048 Shelburne Road - Mr. Backiel said that the ValPreda dealership rented cars now but wanted to move that part of the operation 50 yards down the street to a house they own on Hough Street. They own the entire property from Shelburne Road to the Orchard School and have two houses on the lot. The back one is occupied by a tenant and he has no objections to the plan. He said Hough Street was seldom used except for the school, and never in the summer. Entrance to the rental office will be from Hough Street. 20-25 cars will be parked on the lot so people will know it is a rental agency, and a sign will be erected. The interior will be renovated and they will have one employee working there. Hours of operation will be 8:30 to 5:30 and they will be open for 1/2 a day on Saturday. They have mostly weekly and monthly rentals. Expected traffic impact is probably less than 20 cars per day, and some of that is traffic that would have gone to the dealership. Ms. Kleppinger felt that turning left out of Hough Street was a problem but was told the traffic was on the street already, up the road at the dealership. There is also a traffic light 100 yards down the road and that stops traffic and gives cars a chance to get out of Hough Street. Mr. Backiel said the house had been vacant for two years. Mr. Szymanski asked if it was necessary to turn the lawn into a parking lot and was told they would like to have the cars there so people would know they rent them and so they would be as far from the tenants in the back house as possible. Mr. Flaherty felt the Council was approving the use and the Planning Commission could deal with where the parking lot should be. Mr. Jarvis moved to close the public hearing on ValPreda, doing business as Sears Rent-a-Car. Mr. Burgess seconded the motion and all were in favor. Review additional data and formulate action and stipulations on closed hearings on Interim Zoning applications Ethan Allen Motor Lodge Inc. for a gift shop at 1220 Shelburne Road - Mr. Flaherty said the Council had received the information it wanted on this application. Mr. Burgess noted that the peak hours of this operation would not coincide with the peak traffic hours on Shelburne Road, according to the engineer's traffic counts. Mr. Jarvis moved to advise the city staff to draw up a motion of approval for Ethan Allen Motor Lodge for a gift shop because it appears to meet the intent of the current Interim Zoning Regulations as far as traffic is concerned. Mr. Burgess seconded the motion and all were in favor. Howard Bank addition to existing bank building at University Mall complex on Dorset Street - Additional information had also been received on this application, as requested, but Mr. Quinn indicated that he would like to present more information of a change in request. Mr. Burgess moved to reopen the hearing on the Howard Bank application. Mr. Paulsen seconded the motion and all were in favor. Mr. Quinn submitted a letter dated June 18 regarding the new request (see attached copy), which was for a smaller addition. The City Attorney will be consulted on whether the request will have to be rewarned because of the change. Mr. Jarvis moved to advise the city staff to write an approval motion for the Howard Bank University Mall addition based on the information that has been received and because it is within the general tenor of Interim Zoning and will have no noticeable impact on traffic. The City Attorney will be consulted to see if the request has to be rewarned. Mr. Burgess seconded the motion and all were in favor. Discussion of swap of city land near Treetop Since Mr. Schmucker, representing the Treetop condominium owners, was present, Council decided to take this item up next. Mr. Schmucker said that Messrs. Gagne and Milot were planning to build two office buildings on land next to the Treetop condominium project and that those owners were not happy about it, because it is very close to their condominiums. Mr. Schmucker said that he was present because there had been talk of a land swap between the city and the developers which would enable a buffer strip to be put between the two projects. He asked whether, if such a swap were possible, the city would approve it. Mr. Schmucker said that in April of 1978 the city swapped some land with Haney-Gokey (later to become the land of Gagne-Milot) and gave no notice of that swap to owners in that area. When the Treetop units were sold, those people were shown maps which indicated that the city parkland in the area was much closer to Kennedy Drive than it is. Now they find themselves 50' from office buildings. Mr. Schmucker said it would have helped the situation if the Council, in its conditional use review, had imposed a buffer. Mr. Szymanski said the correction of land lines in 1978 was on the west line of the property and had nothing at all to do with the city park land. He also said that the best land the city owned in that area was to the west of the proposed office development and close to Kennedy Drive, and he said he would hate to lose it. Mr. Burgess asked if the buildings could be moved back farther and Mr. Szymanski felt that if a swap were made, the development would have a dogleg. Since the city land was purchased with BOR funds, approval for a swap would have to be obtained from the Secretary of the Interior. Mr. Krassner doubted that such a swap could be made under the circumstances and said he objected to it. He felt that if the developer had wanted a buffer, he should have put one in. Mr. Flaherty suggested that the Council recommend that the Commission impose a buffer strip. Mr. Burgess moved that the City Council send a directive to the Planning Commission reiterating its support for a buffer zone of 65' between residential and commercial properties. Mr. Paulsen seconded the motion. Mr. Jarvis noted that during the Council review of the project, there had been no public input and he wondered if the Council wanted to set a precedent of reviewing its thinking because a lot of people showed up at a Commission meeting. Mr. Schmucker said some of those people did not know when the Council was to discuss the project. The motion passed with Mr. Jarvis voting no. Mr. Paulsen asked what use the city would have for a narrow buffer strip between properties if the land swap were approved. Mr. Jarvis said he was against the way this issue had been handled more than he was against giving the extra space. Mr. Burgess did not like the implication that the Council had created the problem by moving land lines and said he did not think the city ever owned the park land the residents of Treetop thought it did. Mr. Szymanski was asked to check into that 1978 land swap (April 28). Mr. Paulsen moved that, although the Council was not committing itself to a land swap, it would be open to hearing any specific proposals on such a swap. Mr. Jarvis seconded the motion and all were in favor. Review additional data and formulate action and stipulations on Interim Zoning application Roland and Evangeline DesLauriers for office buildings at 345 Dorset Street Mr. Szymanski informed the Council that this area was zoned R4. Mr. Burgess said that when Mr. DesLauriers had asked for approval to build the Barbara Shepard office building he had made a case that that building would create a buffer between the residences behind it and the businesses on the other side of the street. Mr. Page felt it was the size of the buildings which was to constitute the buffer, with them being roughly the size of homes. Mr. Paulsen said he would like to review the earlier data. Mr. Paulsen moved to table this item until the next meeting and to have the Zoning Board approval and the minutes from the Barbara Shepard building appeal for the next meeting. Mr. Burgess seconded the motion and all were in favor. Formal action on staff prepared motions for Interim Zoning applications Fernand LaJeunesse for catering service at 21 McIntosh Avenue Mr. Jarvis moved that the South Burlington City Council deny the conditional use application of Fernand LaJeunesse of 21 McIntosh Avenue for a catering service, according to the proposal of record and based on the evidence submitted. The City Council finds (1) that the proposed use does not meet the spirit of the provisions set forth in the Interim Zoning Regulations. (2) that the area in question is within a commercial district and that the proposed multiple use does not conform to the general character of the area and (3) that the increase in traffic will cause serious congestion problems to an area which is mostly residential in character. Mr. Burgess seconded the motion and it passed 4-0. Timberlane Medical Center for addition to existing building Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Timber Lane Medical Center Association of Timber Lane allowing for construction of a 14' x 43' addition, according to the proposed record, based on the following findings: 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. The proposed use is consistent with standards 1 and 5 based on the evidence presented by the applicant and supported by the City Engineer. Mr. Burgess seconded the motion and it passed with Mr. Flaherty abstaining. Consider making appointments to Boards and Commissions Mr. Flaherty said the policy of the Council was to make appointments only when all members were present. Mr. Paulsen moved to table this item and Mr. Burgess seconded the motion. All voted aye. Review Planning Commission draft of Population Chapter for updating Master Plan Mr. Page said the Commission was trying to cut out the fat in the Plan and make it more responsive to the way it has been used in the past 5 years. They are trying to make it give direction for development review or for making application for funding. He also said that the population projections shown on this draft seem to be high according to the latest information, and noted that in South Burlington, in-migration seemed to account for most of the population growth. The Council liked the draft. Mr. Jarvis moved to pass this draft to the Planning Commission with the conceptual approval of the Council. Mr. Paulsen seconded the motion and the vote was 4-0 in favor. Mr. Burgess said he would like to be sure the Council's review of the Plan chapters brought them up to where the Commission is now and he suggested doing one hard or 3-4 easy chapters per meeting. He also said the Council could meet more often in order to get the work done. Mr. Page said he would draft a rough schedule for Plan review. Consider request for installation of sanitary sewer line on Dawn Court Mr. Szymanski said Dawn Court was a private street with 3 homes on it and one vacant building lot. To sewer it would require 450' of pipe. The homes on that street have been there for at least 30 years and the owners have been paying the area sewer charge. Mr. Szymanski said there had been sewer problems in the area but he was not sure of the details. He thought the cost to sewer the street would be about $5,000 and said the city would have to obtain a right of way. The funds could come out of a sewer surplus. The Council asked for firmer cost figures. Review waiver of tax penalties The Council saw no problem with the waivers. Review Planning Commission and Zoning Board agendas There were no comments. Discuss a land swap or reclaiming of city land at Bartlett Bay Mr. Burgess said that several years ago the Council gave title to a road in the Bartlett Bay area which the person living in that area had been maintaining and maintains now. The city is now thinking of taking the road back (which it can legally do under the terms of the agreement) but the property owner feels that if that is done, the road should be moved off his land and the city should begin maintaining the road. The issue is complicated and the Council felt the owners in the area should be asked to discuss it with the Council. Old Business Several items were discussed. Meet as Liquor Control Board Mr. Jarvis moved to adjourn as the City Council and meet as the Liquor Control Board. Mr. Burgess seconded the motion and all were in favor. Mr. Szymanski said that he had an application for a liquor license for Papa Gino's Restaurant in the University Mall. The Fire and Police Chiefs say they have no objection to granting the license. Mr. Burgess moved to approve the liquor license for Papa Gino's Restaurant. Mr. Jarvis seconded the motion and it passed 4-0. The meeting was adjourned at 10:35 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.