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HomeMy WebLinkAboutMinutes - City Council - 03/19/1979CITY COUNCIL MARCH 19, 1979 The South Burlington City Council held a meeting on Monday, March 19, 1979 at 7:30 p.m. in the Conference Room, City Hall, 1175 Williston Road. Members Present Paul Farrar, Chairman; Kenneth Jarvis, Martin Paulsen, William Burgess. Member Absent Michael Flaherty Others Present William Szymanski, City Manager; Wayne Jameson, City Charter Committee, Andy Potter, WJOY; Gerald Milot, Claude Gagne, William Craig, Lowell Krassner, Peter Lawrence, Marjorie Lawrence, Francis and Amaryllis Murtie, Bess and Morris Mersky, Carole and J.R. Sanders, Michael Burgess, Julia Poger, Gordon Garvey, John Larkin, Kathleen Greenman Agenda changes 1. An agenda item to readopt the city's Comprehensive Plan was left off the agenda by mistake. 2. The item which reads to approve the Charter Committee's amendments to the Sign Ordinance should read that those amendments are to the procedure for adoption of city ordinances. Minutes of March 12, 1979 It was moved by Mr. Burgess and seconded by Mr. Paulsen to approve the March 12, 1979 minutes. The motion passed unanimously. Disbursement orders The Council signed disbursement orders. Meet with Meadowbrook Condominium Association Mr. William Craig is the president of the Association. He said he would like to discuss the water situation in that area and what the city intends to do about it. He also wanted to discuss the present claim the City Attorney has against Meadowbrook and how that affects the private owners. Mr. Craig said that the water pressure in the development was very low and was sometimes non-existent. An 8״ main was put in from Spear Street to solve that problem but it is not in use. The Fire Chief has said that there is not enough water in the area for adequate fire protection and there is no place near which could supply such water. The 8״ main would solve the problem but there is a dispute between the developer and the city as to who should pay for the old line the development is currently using. Mr. Craig said the main had been in the ground for 15 months and the residents did not want to be using the old lines while the case went through the courts. Mr. Farrar said that his understanding of the situation was that the original plans submitted by the developer showed the low pressure line and that the city and state required the new line to be put in off Spear St. He said the city wanted that line turned on and would take what action it could to get that done. It is because the line is not on that the city has taken action to force the issue. He said that the city has requested the State Fire Marshal to verify the Fire Chief's statements on fire protection so they can get a court order to turn the line on. Mr. Munson, the developer, has been approached a number of times about the problem. The State Environmental Board will meet with Mr. Munson in the near future to discuss the situation. The problem is that Mr. Munson installed the low pressure line without approval and now wants to be reimbursed for it by the city. Mr. Craig noted that perhaps the developer felt that if he turned the line on, he would lose some legal standing in court. Mr. Farrar said that if that were the case, the city could stipulate that that not happen. Mr. Craig said the other problem was that the claim made by the City Attorney against Meadowbrook was very broad and may impact people who want to sell their units and move. He asked if the claim could be refined. Mr. Farrar said he would look into it and get back to Mr. Craig. Continue public hearing on Interim Zoning Applications Claude Gagne and Gerald Milot - two office buildings off Kennedy Drive Mr. Gagne said that the Treetops buildings had been shown on the plan and that the traffic survey data had been presented in a report by Landplan Inc in Waitsfield. Mr. Gagne said there was no problem in moving building 2 if the Council wished and said that Zoning Administrator Richard Ward had not considered the gulley on the property to contain even a minor stream. There is very little flow through there and a 24״ pipe will run under the road. Building 2 could be moved at least 10' to the southeast, said Mr. Gagne, but he was not sure it could be moved 20'. The traffic study submitted by Landplan covers traffic from this development and the one proposed by Mr. Larkin across the street, which will be considered next at this meeting. The report states that this use will create more traffic than a 35 unit family residential project in the area, but that traffic would not impose an unbearable burden on intersections in the area, said Mr. Milot. Mr. Milot also said that traffic would be limited to two peak hours of the day, since the use was an office building. Mr. Farrar noted that if one building could be used by one tenant only, that tenant could be asked to stagger the times the workers come and go, so as to have less impact on roads in the area. Mr. Gagne said the building would be one story in front and two in back. As one looks at the building from the road, it will look like a one story building. The intent is to build a low-level building of brick. Mr. Milot said he did not see any problem with having the tenants of one building have their normal office hours 30 minutes different from the other building if the Council wished. He said that could be put in the lease. Mr. Farrar asked if this was the extent of the construction planned for the parcel of land and was told it was. Mr. Gagne said they would like to clear some of the brush in the front of the lot but that they would not disturb the trees in front. Mr. Milot said there would be a seepage bed with a screen in it to clean the rainwater runoff from the roof and parking lot. Mr. Paulsen moved to close the public hearing on the Colony Office Park off Kennedy Drive. The motion was seconded by Mr. Jarvis and passed unanimously. Larkin-Tarrant development south of Kennedy Drive - Mr. Jim Larkin said the site plan had not changed since the last time the Council saw it. The traffic survey has been done, however, and is part of the report submitted by Gagne and Milot. The plan is in conformance with the previous zoning and meets previous requirements for lot coverage, parking spaces and setbacks. There will be 17 units and Mr. Larkin will appear before the School Board to review the project at its next meeting. The Fire Chief wants the parking lot layout changed and that will be done. Mr. Larkin said he understood that he would have to put in water and sewer. The nearest sewer is at Georgetown, which abuts this property. Mr. Larkin said this project would not have on-site sewage disposal, but that he would like approval for it. After that he would deal with how to water and sewer it. Mr. Paulsen moved to close the public hearing on the Larkin-Tarrant apartment development on Kennedy Drive. Mr. Jarvis seconded the motion and all were in favor. Coburn-Feeley and Robert Cooper - office building 1775 Shelburne Road There were no representatives present for this application. Mr. Farrar noted that the hearing had been kept open because the city was waiting for information from the State which they had since received. Mr. Szymanski read the letter, which stated that this land was in the proposed interchange area. Any change in alignment would cause more Shearer Chevrolet land to be taken. Mr. Burgess felt the developer should be given an opportunity to discuss the problem further with the Council. Mr. Paulsen moved to continue the public hearing on the Coburn-Feeley and Robert Cooper office building at 1775 Shelburne Road until the next regularly scheduled Council meeting for the purpose of allowing the developer to comment on the letter from the State. Mr. Burgess seconded the motion and all were in favor. Instructions to the City Attorney as to procedure for enforcing the Sign Ordinance There was some discussion on the best course of action. Mr. Burgess moved to instruct the City Attorney and the Code Officer to take all appropriate actions to enforce the Sign Ordinance as presently enacted. Mr. Paulsen seconded the motion and it passed unanimously. Mr. Burgess noted that this involved more than oversized signs only - non-conforming signs include multiple signs, those with exposed neon lights, etc. Name Green Up Day chairperson (May 5, 1979) Mr. Paulsen nominated Sonny Audette as the Chairman of Green Up Day, May 5. 1979. Mr. Jarvis seconded the nomination and all woted aye. Review and approve City Charter Committee's proposed amendments to the procedure for adopting city ordinances Mr. Farrar said the Council had received a proposal from the Charter Committee which changed that document so that when an ordinance was to be adopted, the city did not have to print the entire thing, which could be expensive. The Council requested this change because its ordinances are getting to be very long and complicated. People will still be informed of the topics the ordinance will cover. The Council has the proposal from the Charter Committee and a parallel one from the City Attorney and the two are not the same. The Chairman of the Committee is to meet with the Attorney to discuss the wording. Mr. Farrar felt that since the agenda had been in error on this topic and the two people had to meet, a Council meeting should be warned for Thursday to continue discussion on the topic. Mr. Paulsen moved to continue the public hearing on amendments to the City Charter until Thursday, March 22 at 5:15 p.m. at City Hall unless the Chairman of the Charter Committee cannot meet with us at that time. If such is the case the meeting will be held at 7:30 p.m. and the City Manager shall so inform the press and post notice of the meeting. Mr. Jarvis seconded the motion and all were in favor. Appoint City Service Officer Mr. Burgess moved to sign the appointment of William Szymanski as the City Service Officer. Mr. Paulsen seconded the motion and it passed 4-0. Review Planning and Zoning agendas There were no comments. Public hearing to readopt the City Comprehensive Plan Mr. Farrar said the reason for readoption of the Plan is that the city is in the process of reviewing the Plan now and State law requires that it be reviewed and adopted every 5 years. Readoption now insures that the city will be able to change its zoning ordinances if and when it sees fit to do so and will allow the city to proceed smoothly. Mr. Jarvis moved that the South Burlington City Council readopt the municipal development plan entitled "South Burlington Comprehensive Plan", as originally enacted on February 28, 1974, and subsequently amended on August 28, 1978. Mr. Burgess seconded the motion. The audience made no comments. The motion passed unanimously. Other business The Council discussed the traffic signal which was supposed to have been in place before new stores opened in University Mall. Mr. Szymanski said he was going to meet with Green Mountain Power tomorrow to set the poles for the light and that one of the old lights taken from the Dorset Street - Williston Road intersection would be put up at the Mall. The developer will reimburse the city for any cost involved. The issue of narrowing the access points to that development was discussed also. The two access points on either side of the main entrance were to be service roads. The Council suggested that the northern access become an entrance only and that the southern one become an exit only but allow no left turns from it. The meeting was adjourned at 9:10 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.