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HomeMy WebLinkAboutMinutes - City Council - 10/29/1979CITY COUNCIL OCTOBER 29, 1979 The South Burlington City Council held a meeting on Monday, October 29, 1979 at 7:30 pm in the Assessor's Office, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, William Burgess, Kenneth Jarvis, Martin Paulsen Others Present William Szymanski, City Manager; George Mona and James Ewing, Planning Commission members; Ron Eley, Free Press; Lowell Krassner, William Schuele Agenda additions The following items were added to the agenda: 1. Discuss traffic at University Mall 2. Discuss joint meeting of Council and Planning Commission 3. Sign disbursement orders Disbursement orders Disbursement orders were given to the members for signing. Formal action on the staff prepared motions for the following Interim Zoning Applications Merrill Jarvis to construct two additional theatres to existing theatre-restaurant complex at 1214 Williston Road Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Merrill Jarvis, 1214 Williston Road permitting construction of two additional theatres (one 24' x 52' and one 30' x 52') to an existing theatre-restaurant complex 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 and recommendations by Traffic Engineering Associates. Stipulations 1. That the starting and stopping times of the shows be staggered to expedite the flow in the internal parking lot. 2. That cooperation be given to neighboring property owners if and when a road is ever extended from Patchen Road to the Jarvis property. Mr. Paulsen seconded the motion, but the members of the Council felt that the two stipulations attached to the motion should be stronger and more specific. It was felt that comments made during the hearing were not binding on the applicant unless they were stated in the motion, but members thought that mention had been made during the hearing of 15 minute intervals between movie starting times and 10 minute intervals between ending times, and they wished the motion to reflect this. It was noted that movies could be set to start 15 minutes apart, but if they ended at the same time and another movie also began at that time, there could be problems with traffic. Mr. Burgess noted, however, that there are three theatres at that location now and no schedule and there seem to be no really serious problems, so whatever schedule was worked out should be better than what is there now. Mr. Farrar's question was what the 15 minute interval between starting times and 10 minute interval between stopping times meant in relation to the ending of the first shows and the beginning of the second ones. After some discussion of possible amendments to the motion, the following amendment was accepted by both Mr. Jarvis and Mr. Paulsen, the maker and seconder of the original motion: That stipulation 1 of the motion be amended to read that starting times shall be spread a minimum of 15 minutes with stopping times not to be closer than 10 minutes prior to any starting time. The Council members all agreed to this amendment. After this, a second amendment was accepted by both Messrs. Jarvis and Paulsen. This amendment is to reword the second stipulation as follows: That the owner agree to pay any reasonable costs associated with cooperation with the adjoining property owners if and when a road is ever extended from Patchen Road to the Jarvis property, with the City Council retaining continuing jurisdiction over this. The members also all accepted this amendment. The amended motion passed with Messrs. Flaherty and Burgess abstaining because they had not been present for all the hearings. Ray Pecor to construct addition and operate car rental agency in conjunction with car wash facility at 1700 Williston Road Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Ray Pecor, 1700 Williston Road permitting construction of an addition 50'x 60' and occupy said addition as a car rental agency (Nordic Ford Rent-A-Car) in conjunction with a car wash facility at 1700 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 and verified by Traffic Engineering Associates. Stipulation 1. That the curb cuts be worked out as to design and location by the City Engineer. Mr. Paulsen seconded the motion and it carried with Mr. Burgess abstaining because he was not present at all the hearings. Adopt resolution regarding attorney fees for the collection of delinquent taxes Mr. Flaherty moved that the Tax Collector (City Manager) is hereby authorized to pay legal fees in connection with tax sale proceedings in an amount not to exceed 15% of the uncollected tax as per the list of delinquent taxes as attached to the October 8 letter from Spokes and Obuchowski to the City Manager. Mr. Jarvis seconded the motion and it carried without dissent. Accept resignation of Dr. Robert Watson from S. Burlington Recreation Committee Mr. Flaherty moved to accept with regret the resignation of Dr. Robert Watson from the Recreation Committee and direct the City Manager to send him a letter of appreciation. Mr. Jarvis seconded the motion and all voted aye. Discuss traffic at University Mall Mr. Szymanski reported that traffic inside the lot would be directed by means of guardrails in the Martin's area. The Planning Commission has reviewed the plan and it will now go to the District Environmental Commission. There have been some problems with the traffic lights at the entrance to the mall on Dorset Street. $500 has already been spent to try to fix those lights, but they do not work. Burlington is planning to take out 15 traffic lights very soon and as soon as one of those is available, Mr. Szymanski and Mr. Houghton, the traffic consultant, will move it in. The light is the City's responsibility. Mr. Burgess felt that there should be a policeman directing traffic at busy periods. Mr. Szymanski also reported that the Mall had given the City $6,000 to put in a passing lane on the right, so cars can pass other cars trying to make left turns. He hoped to at least gravel such a lane before Christmas. Regarding the south access, which is regularly used for left turns out, Mr. Szymanski reported that the width would be cut to one lane and curbing put in to channel the flow south, so it will be harder to make left turns out. He also said he would make sure a policeman was put at the entrance on Saturday afternoon. Discuss joint Council-Planning Commission meeting Mr. Paulsen felt that there should be a joint meeting between the two groups to discuss the work and conclusions of the Southern Connector Citizens Advisory Committee. Mr. Farrar felt that the people in the Bartlett Bay and Holmes Road areas should be contacted first regarding how they would like to see the road in their area located, and he also felt the Master Plan should be discussed with the Commission. The City is also waiting to receive a plan of the road from the State. Review final draft of the City Master Plan Mr. Farrar had problems with the three chapters of the Plan the Commission has not yet reviewed. The first problem was with the balance of residential to commercial and industrial development. This is a desirable goal for maintaining a good economic base in the community, but if one looks at the present zoning and utilization of the districts, there are some problems. With the present zoning of the Southeast Quadrant at 2 units per acre (if certain conditions are met), the City now only has about 27% of all the residential units it could have by zoning. If the districts were filled the way they are zoned, the residential-non-residential balance would be seriously out of balance. Mr. Farrar listed 4 possible remedies for the situation: 1. increase the density of the commercially zoned land, 2. have more commercially zoned land, 3. have more industrially zoned land, or 4. lower the density of the residentially zoned land. Mr. Flaherty noted that 2 units per acre in the Quadrant was not a guarantee. That density can only be obtained if city services are available to the lot and if the Council and Planning Commission both approve the plan. Another problem Mr. Farrar had was that he personally did not feel that a mix of commercial and residential uses in the Quadrant was a good idea and he cited recent Interim Zoning requests to use former residences for business uses. These requests usually bring opposition from people living next to them, which shows that commercial and residential uses do not mix well. Mr. Mona explained that the Commission did not feel it was a good idea, if the Quadrant were zoned totally for residences, to force a person to travel all the way into the central area of the City in order to buy food and gas. They felt that providing local services was a good idea. The Commission was thinking about small convenience stores, not large shopping malls, being built in the Quadrant. Mr. Farrar did not think an adequate buffer could be erected between the two uses to make the commercial area acceptable to its immediate neighbors. Mr. Ewing asked about increasing the buffer between residential and commercial uses but Mr. Farrar did not feel that commercial uses were something people in residential districts really wanted to see and he felt that a buffer would have to be several hundred feet wide to be effective. If that is the case, convenience stores could not afford to erect such buffers and so could not build in the Quadrant. He felt it was easier to buffer industrial uses from residential uses because industry could afford the large buffer areas. Mr. Farrar did not think the City should encourage development in the Quadrant for the next 10 years. He did not see a reason to do so and felt that enough land was left in other areas of the City to take care of reasonable growth during that period. It was felt that the possibility of some industrially zoned land in the Quadrant should at least be discussed. It was also felt that there should probably be a statement of intent to try to balance residential and non-residential development in the City in the Master Plan. Mr. Farrar questioned the Urban Extension Line discussed in the Growth Chapter, page 3 #10. He suggested a statement that since the City has enough land in other areas for development during the next 8-12 years for residential construction, that the City does not propose to extend any services into the Quadrant until 1990 or when the City has 6,000 dwelling units, whichever comes later. Any individual developer who wished to extend services, however, could do so at his expense. In the Utilities chapter, it was felt that a statement should be added to the effect that the City was planning to expand its present fire protection system. Mr. Farrar also noted that the City had a policy to put new power and phone lines underground and he felt it would be good to have a plan to get the old lines put underground also, particularly on Williston and Shelburne Roads. Mr. Paulsen felt that would be a good goal to strive for and Mr. Burgess suggested that the City Attorney be contacted on the question. Mr. Jarvis did not oppose the idea but was not sure it was reasonable to insist they come down. On the Water section of the Plan, Mr. Farrar asked if the City had enough facilities for all the present service area and he said that if there was a problem, it should be mentioned. It was also mentioned that the sewer line had been extended almost to the east line of the City on Williston Road. On the Schools Chapter, and relating also to Population Chapter, Mr. Farrar said that the present City population was less than 3.2 people per unit and on its way down. Those estimates are high, and if one rolls the 3.2 figure into the number of school children, assuming two parents and assuming that the child is a member of the household until age 25, Mr. Farrar felt that the City needed to plan for more school capacity or fewer people. He questioned whether 3.2 was the correct figure down the road, and said that if it was, he questioned the need for school space, feeling that more would be needed than is anticipated now. With 2 units per acre in the Quadrant, the maximum school population would be between 8 and 11,000 and with 1 unit per acre, it would be between 5 and 6,000 children. Present school capacity is 3150. Mr. Farrar felt the average family size would be smaller than the City thought and the school population be greater than the City thought. Mr. Farrar said Sid Poger, Chairman of the Planning Commission, had suggested a joint meeting in November and a date of November 13 was set for that meeting. The Council members and Mr. Szymanski also brought up the following points: Mr. Flaherty did not like the statement on lines 12 and 13 of Transportation and Mr. Szymanski asked about line 15 - why does the Commission want multifamily housing there? Mr. Flaherty felt lines 12 and 13 contradicted the goal of protecting existing residential neighborhoods. In the Population Chapter, the population of the City is 9976. Mr. Szymanski questioned increasing the density for rental units, on page 3 of Housing, in line 14. Consider making appointments to boards and commissions Mr. Flaherty moved to adjourn the regular session and go into executive session to discuss appointments and then reconvene with the only business being to make appointments. Mr. Paulsen seconded the motion and all were in favor. Later, Mr. Flaherty moved to adjourn the executive session and reconvene in regular session. Mr. Paulsen seconded and all voted aye. Mr. Flaherty moved to accept the resignation of Richard Myette from the Zoning Board with regret and direct the City Manager to send him a letter of appreciation. Mr. Paulsen seconded the motion and all voted aye. Mr. Jarvis then moved to appoint Alex Guyette to fill the unexpired term of Richard Myette, to expire in 1981, and to appoint William Chepulis to fill the unexpired term of Howard Perkett, which expires in 1980. Mr. Paulsen seconded this motion and none were opposed. The meeting was adjourned at 10:10 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.