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HomeMy WebLinkAboutMinutes - City Council - 10/22/1979CITY COUNCIL OCTOBER 22, 1979 The South Burlington City Council held a meeting on Monday, October 22, 1979 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road. Members Present Paul Farrar, Chairman; Michael Flaherty, William Burgess, Kenneth Jarvis Member Absent Martin Paulsen Others Present William Szymanski, City Manager; William Chepulis, Robert Carmichael, Jr., William Bellinger, Frank Balch, Rob Eley, Ernest Cauchon, Gordon Woods, Peter Collins, Mark Bolton, James Godette, Sr., Donald Cobb, Lowell Krassner, Glenn Jarrett, James Draper, Dennis Webster, Sidney Poger Agenda additions The following items were added, time permitting: 1. Discuss a communication from the Police Department on starting negotiations on a new contract. 2. Informal discussion on the Master Plan. Minutes of October 8, 1979 The minutes of October 8, 1979 were approved on a motion by Mr. Jarvis and a second by Mr. Burgess. The motion carried unanimously. Disbursement orders Disbursement orders were distributed and signed. Interview applicants for appointment to Zoning Board of Adjustment Glenn Jarrett - Asked why he wanted to serve, Mr. Jarrett replied that he was relatively new to the City and wanted to become more involved. He felt he had the necessary time and said that the City was going through a period of growth and change and he felt it was important for that to be an orderly process. He felt he could be impartial and bring his experience to bear on the board. He said he was willing to serve on another board if not chosen for this one. Mr. Flaherty asked whether he felt the Zoning Board made policy or implemented it and was told it was an implementing body. Mr. Jarrett said this would be the first time he had served on a municipal board. William Chepulis - Asked why he wanted to serve, Mr. Chapulis replied that he had been a resident of South Burlington for a long time and his family was growing older, leaving him time to become involved. He has the time for the job and said he would be willing to serve on another board. He has read the Zoning Ordinance and felt that each case had to be judged on a case-by-case basis. He believed that the Zoning Board did not determine its own policy, but implemented policy. Mr. Chepulis has lived here since 1969. Continue public hearing on the Interim Zoning Application of Norman Ramsey for an 18-unit motel at 1108 Williston Road There was no one present representing the applicant, but several people wished to speak about the application. Mr. Don Cobb said he was associated with the Econolodge and Windjammer and that they had several concerns about the application. Two of these are parking and snow removal. They felt that parking was not adequate for the customers of the proposed motel and that that would lead people to use the Windjammer parking lot, which is large enough for its own customers, but not others. He said they did not want to have to police the area, which would add cost to their operation. Another issue Mr. Cobb raised was snow removal - they feel there is not adequate area shown for that and that snow would be dumped on the property owned by Windjammer. Mr. Cobb also stated that this new motel would be very close to the Econolodge sign and he noted that many of the Econolodge customers complain because the entrance is so far from the sign. Mr. Cobb said that the parking as laid out did not meet standards for parking and he gave the Council a letter to that effect (see attached copy). Mr. Lowell Krassner addressed the issue of a vehicle trying to turn into the motel across three lanes of traffic. He said that last Saturday he had seen traffic backed up in the left turn lane from the light at Dorset Street all the way back to the City Hall building. Last Saturday was not an unusual shopping day and he did not feel a motel like this one could be placed in an Interim Zoning area under present traffic conditions. Mr. Burgess moved to continue the public hearing on the Interim Zoning application of Norman Ramsey for an 18-unit motel at 1108 Williston Road until the next regularly scheduled Council meeting, November 5. Mr. Jarvis seconded the motion and it carried 4-0. Public hearings on the following Interim Zoning Applications The Merchants Bank to construct a 5' x 8' enclosed foyer to the front portion of the existing building and install an ATM Teller System at the branch bank at 50 White Street (This proposal as originally heard 9/4/79) No additional information was presented. Mr. Flaherty moved to close the public hearing and Mr. Burgess seconded the motion, which carried unanimously. Formal action on the proposal as prepared by staff Mr. Burgess moved that the South Burlington City Council approve the conditional use application of the Merchants Bank, 123 Church Street, permitting the installation of an ATM teller system and the construction of a 5' x 8' glass enclosure at the Merchant Bank branch, 50 White Street, 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 and verified by Traffic Engineering Associates. Mr. Jarvis seconded the motion and it passed 4-0. Vermont Federal Savings and Loan to convert existing structure (tire sales building) into bank facility with drive-in located at 1309 Williston Road (southwest corner of Williston and Hinesburg Roads) Mr. Dennis Webster said the proposal was to renovate the building and change the use. There are three curb cuts on the lot now, but one is presently closed. They would retain the west cut (on Williston Road) and move the south cut farther south. This latter cut is 30-40' wide presently. There will be a one-way drive in front. The building as it exists today falls outside the 75' setbacks required for both roads. The building will have a net floor area of 1,000 sq. ft. and 10 parking spaces will be provided. There will be two drive-through windows so that any stacking which might occur can be minimized. There will be stacking room for a total of 10 cars with the two windows. Mr. Webster felt the proposal would not overburden City services, was consistent with the area, and would present no environmental problems. Mr. Farrar informed the applicants that the City planned to widen Williston Road and was concerned about having enough room to do that. Mr. Webster asked if a compromise could be reached regarding the front landscaping and was told that he should try to work it out with the City Engineer. Mr. Bob Carmichael said that the bank was interested in upgrading that corner. This would be their first suburban branch in the area. Regarding traffic, he said that this bank was a savings and loan and that they were not allowed to have commercial accounts. Their loans are limited to mortgages and home improvements. Mr. Carmichael said that a savings and loan building generated less than 1/2 the transactions a commercial bank generated. The most they see a customer he said, was once a week or less. Mr. Carmichael took some statistics from the September 1975 issue of Traffic Engineering Magazine, which dealt with branch banks traffic, hours, floor area, etc. He emphasized that the two windows would speed the flow of transactions so unreasonable backup did not occur. He said that at that corner there were 15,500 cars per day (figures from Vt. Highway Department, 1978). He felt that this branch would generate 18 cars per hour (as a high estimate). According to the article a branch bank generated about 15-20 cars per hour per 1,000 sq. ft., so using a high estimate, this bank would have 20 cars during the peak divided by 2 because they are not a commercial bank. On the average, Mr. Carmichael said, 62% of the total daily traffic occurs between 8:30 and 5:00, so that would be 9600 cars that pass the site during those hours. If the bank put 18 cars onto the present Williston Road traffic they would impact traffic for one day by 1%, he said. This assumes also that every vehicle that goes to the bank is going there only, and will not stop any other place in the area. The bank feels, however, that it will take many people who are on the street already. Mr. Carmichael felt the figures he had given the Council could be proven by looking at the present Montpelier operation, which he did. He also said they had a branch in St. Albans and the traffic had not made an impact, according to the Police Chief. Mr. Farrar asked how much traffic the tire business has been generating, saying that information would be very important to have as a comparison with this proposed traffic. He was told that they did not know, but would guess the tire business generated at least 90 vehicles per day. Mr. Szymanski commented that if the bank were built as proposed, it might be hard for people parking on the side of the building to the west of this one to back out of the spaces. Traffic will exit onto Hinesburg Road. The bank would like all its traffic to go that way, but they admitted it would be hard to enforce that. They will have a sign. Mr. Farrar asked that the traffic consultant look at the proposal and that Mr. Szymanski look into how much land would be needed for road widening. Mr. Flaherty also asked if this would require a zoning variance. Mr. Poger, Chairman of the Planning Commission, asked if the Council had received a copy of the letter from them (see attached copy). They had, and Mr. Poger went on to say that Interim Zoning was in place to control traffic in the Interim Zoning area. He added that the C1 and C2 traffic control districts which the Council has agreed it would approve before lifting Interim Zoning define this kind of bank as a high traffic generator and it seemed foolish to him to approve a high traffic generator in the Interim Zoning district. He and the Planning Commission felt strongly about this, he said. Mr. Lowell Krassner also felt that the nature of this business was such that it would generate more traffic than the existing use. He also stated that he did not see where a drive-in would serve the public health, safety and welfare. In fact, he felt this was a negative impact on public safety. Mr. Flaherty moved to continue the public hearing on Vermont Federal Savings and Loan to convert an existing structure into a bank facility with drive-in at 1309 Williston Road to the next regularly scheduled meeting. The letter from the Planning Commission is to be included as part of the application, the traffic consultant is to look at the effect of this proposal, especially on turning movements, and the City Engineer is to submit information on the City's ability to widen Williston Road. Mr. Burgess seconded and all voted aye on the motion. Review additional data and formulate action and stipulations on the following closed public hearings Merrill Jarvis to construct two additional theatres to existing theatre-restaurant at 1214 Williston Road - Letters from the Fire Chief and traffic consultant were received stating that no problems were found in the new plans. Mr. Jarvis moved that the City Council instruct the staff to prepare a motion of approval for Merrill Jarvis to construct two additional theatres to existing theatre-restaurant at 1214 Williston Road with two stipulations: 1) that the starting and stopping times of the shows be staggered to expedite the flow in the internal parking lot, and 2) that cooperation be given with neighboring property owners if and when a road is ever extended from Patchen Road to the Jarvis property. Mr. Burgess seconded the motion. It was noted that different shows were different lengths and that this fact might make the staggering of times less successful at reducing congestion. Mr. Krassner felt that in light of his experience he would like to see a stipulation that there be a 15 minute gap between starting times and a 10 minute gap between termination times. The motion carried without dissent. Ray Pecor to construct addition and operate car rental agency in conjunction with car wash facility at 1700 Williston Road - Mr. Szymanski said that both he and Mr. Houghton had reviewed the plans and made comments. Mr. Jarvis moved that the City Council instruct the staff to prepare a motion of approval for Ray Pecor to construct an addition and operate a car rental agency in conjunction with car wash facility at 1700 Williston Road, with specific stipulations on the curb cut to be worked out by the City Engineer and included on the motion. Mr. Flaherty seconded the motion and it carried 4-0. Formal action on staff prepared motions for the following Interim Zoning Applications Gordon Jarvis and Edward Flynn to operate car rental agency in conjunction with auto service station at 860 Williston Road - Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Gordon Jarvis and Edward Flynn, 860 Williston Road, permitting a car rental agency in conjunction with an auto service station at 860 Williston Road according to the proposal of record, based on the following findings and stipulations: Findings 1. That 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. That the proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Stipulations 1. That the activity (car rental agency) shall cease as of July 1, 1980. 2. That there shall be an upper limit of six (6) cars in connection with the use. Mr. Flaherty seconded the motion and it carried with Mr. Burgess abstaining because he was not present on the hearing held the 17th. Vermont National Bank to convert existing dwelling (two-story) into bank facility with drive-in to north side at 1117 Shelburne Road - Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Vermont National Bank, 150 Bank Street, Burlington, Vermont permitting the conversion of an existing two-story dwelling into a bank facility with construction of a drive-in facility to the north side at 1117 Shelburne Road according to the proposal of record submitted by Mr. James Lamphere of Wiemann-Lamphere Architects, based on the following findings and stipulations: Findings 1. That 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. That the proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant and recommendations of Traffic Engineering Associates. Stipulations 1. That two accesses onto Shelburne Road be provided with one enter only and one exit only, with the exit only to be located near the south property line. 2. That the applicant be required to make all reasonable expenditures and changes in order to coordinate the exit with development on the adjacent lot and that the City Council have continuing jurisdiction over this. Mr. Flaherty seconded the motion and it passed with Mr. Burgess abstaining because he was not present on the 17th. Designate official voting representative to the Vermont League of Cities and Towns Annual Business Meeting on October 25, 1979 Mr. Jarvis nominated Mr. Flaherty as the official voting member and Mr. Burgess seconded the nomination. The nomination carried without dissent. Review list of Tax Penalties and Interest waivers Mr. Flaherty moved that the Council received the list of tax penalties and interest waivers as presented by the City Manager. Mr. Burgess seconded the motion and it passed 4-0. Accept resignation of Frank Armstrong from the South Burlington Southern Connector Citizens Committee Mr. Burgess moved to accept the resignation of Frank Armstrong with regret and to ask the City Manager to send the appropriate letter of appreciation and advertize for the position. Mr. Flaherty seconded the motion and all voted aye. Other business Mr. James Draper, member of the Planning Commission, said he would like to share a concern with the Council. He was concerned about his attendance at Commission meetings and his inability to attend enough meetings to be an active member. He also did not think his record on that score would change much in the near future and he suggested that the Council accept his resignation when they thought it appropriate to do so. Mr. Farrar suggested that Mr. Draper resign at the time the Council was ready to appoint a successor, and Mr. Draper replied that he would do so in writing to the City Manager. Discuss a communication from the Police Department on starting negotiations The Police Union has indicated that it would like to begin negotiations in November and Mr. Farrar suggested that they be scheduled soon. Mr. Burgess suggested a special meeting to discuss the contract, or else putting the item first on the agenda of a regular meeting, so the representatives did not have to wait through a long agenda, was suggested by Mr. Flaherty. Discussion on the Master Plan Mr. Farrar said the Council had received copies of the Plan chapters and that he would like to start review soon because he has some serious problems with some of the sections, such as the Southeast Quadrant. A special meeting was scheduled for October 29 to discuss the Plan. Meet as Liquor Control Board to consider request of Old Board for entertainment permit Mr. Flaherty moved to adjourn as the City Council and reconvene as the Liquor Control Board for the purpose of considering a request from the Old Board for an entertainment permit. Mr. Burgess seconded the motion and it carried 4-0. Mr. Szymanski said the Old Board wanted a permit for live musical entertainment between 9 pm and 2 am. The Fire Chief said they want a live band on another bandstand. Mr. Jarvis moved to grant the entertainment permit to the Old Board for the period of one year. Mr. Burgess seconded and all voted yes. Mr. Burgess moved to adjourn as the Liquor Control Board and reconvene as the City Council. Mr. Flaherty seconded the motion and all were in favor. Consider going into Executive Session to discuss personnel for appointments to boards and commissions Mr. Burgess stated that never, in the time he has been on the Council, have appointments been made without a full board and he said he would like to do it at the special meeting on the 29th. Other business Mr. Peter Collins gave the Council a letter from Merrill Jarvis regarding his Interim Zoning application (copy attached). The meeting was adjourned at 9:15 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.