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HomeMy WebLinkAboutMinutes - City Council - 09/17/1979CITY COUNCIL SEPTEMBER 17, 1979 The South Burlington City Council held a meeting at 7:00 pm in the Conference Room, City Hall, 1175 Williston Road, on September 17, 1979 Members Present Michael Flaherty, Vice Chairman; Kenneth Jarvis, Martin Paulsen Members Absent Paul Farrar, Chairman; William Burgess Others Present William Szymanski, City Manager; Edward Flynn, Kathy O'Malley, Guy Page, Steve Bushey, Durley Davis, Ernest Couchon, Diane Geerken, Lowell Krassner, James Goddette, Sterling Emerson, Ronald Wilkinson, Rick Delaire, Russ Malavende, Gerald Caposco, Jan Rozendaal, Peter Coffrin, Peter Matta, Peter Collins, Gary Farrell, Fred Fayette, Tom Unsworth, Tyler Hart Vice Chairman Flaherty opened the meeting at 7:00 pm with the pledge of allegience to the flag. Agenda Addition The following item was added: Accept the resignation of Howard Perkett from the Zoning Board of Adjustment. Selection of Architects All three councilmen present were in agreement that the ten architectural firms interviewed for the proposed municipal building be narrowed down to four for further interview. Mr. Paulsen moved that the following firms be invited for further interviews: 1) Darwin Thomas, 2) Jim Lamphere, 3) Joe Zajchowski, and 4) John Dore of Whittier-Sargent. Mr. Jarvis seconded the motion and all voted aye. Since this item took only about 10 minutes, it was decided to continue with other items on the agenda. Minutes of September 4 and 10, 1979 Mr. Jarvis moved to accept the minutes of September 4 and 10 as printed. The motion was seconded by Mr. Paulsen and carried without dissent. Disbursement orders Disbursement orders were presented for signing. Resignation of Howard Perkett from Zoning Board of Adjustment Mr. Flaherty read Mr. Perkett's letter of resignation from the board, a copy of which is attached to these minutes. Mr. Paulsen moved to accept Mr. Perkett's resignation with regret and to instruct the City Manager to write Mr. Perkett thanking him for his services to the city. Mr. Jarvis seconded the motion and all were in favor. Vice Chairman Flaherty noted that Mr. Lowell Krassner and Mr. Al Guyette are interested in appointment to the Zoning Board. Mr. Jarvis moved to have both Al Guyette and Lowell Krassner at the next meeting, which is scheduled to be held on October 8, 1979. Mr. Paulsen seconded the motion and it carried 3-0. Due to conflicts Chairman Farrar expected on October 1, it was decided to have the October council meetings on October 8th and October 22nd. Set revised property tax Mr. Szymanski stated that the new tax rate as computed in conformance with the Charter revision was $3.69 total. A breakdown as to city and school rates is attached to these minutes. Mr. Jarvis moved to set the revised tax rate for the 79-80 City-School budgets at $3.69. Mr. Paulsen seconded the motion and all were in favor. Mr. Jarvis requested that City Manager Szymanski inform the local banks of this change and request them to initiate some method of rebate to those property owners utilizing the banks escrow for property tax payments. Continue public hearings on the following Interim Zoning applications Arthur and Moirs Johnson to construct an indoor recreation facility on southeast corner of Dorset St and Kennedy Drive Cliff Johnson presented the rendering which Mr. Paulsen requested at the September 4 meeting. He also stated that the Fire Chief had requested an access entrance to be built from Dorset Street to facilitate fire fighting equipment. Mr. Johnson agreed to this opening, which will also serve as a service drive for deliveries. Traffic Consultant Bruce Houghton's comments on this proposal were read by Mr. Flaherty and a copy was given to Mr. Johnson. A copy is attached to these minutes. Mr. Paulsen moved to close the hearing and the motion was seconded by Mr. Jarvis. All voted aye. Mr. Jarvis noted that there might be a 5 week time period before some of these applications were acted on, and he felt that might be unreasonable. Mr. Jarvis moved to instruct the staff to draft a motion approving the application of Arthur and Moira Johnson for a recreation facility on the southeast corner of Dorset Street and Kennedy Drive. Mr. Paulsen seconded the motion and it passed 3-0. Merchants Bank to enclose existing open porch and install ATM Teller System at branch located in Shelburne Road Plaza Mr. Flaherty read Mr. Houghton's comments on this proposal and he asked City Manager Szymanski to send a copy of that report to the bank representatives. Mr. Flaherty also noted that the council had received a letter from the City Attorney stating that the minutes of the planning commission do indeed show that this bank building was intended to be temporary. He goes on to say, however, that the approval of the commission did not contain a stipulation that the building was to be temporary (see attached copy of the letter). Mr. Paulsen moved to close the public hearing on the Merchants Bank request to enclose existing porch and install ATM system at the Shelburne Road Plaza branch. The motion, which was seconded by Mr. Jarvis, carried unanimously. Mr. Jarvis then moved to instruct the staff to prepare a motion of approval for the Marchants Bank application on Shelburne Road. Mr. Paulsen seconded, and the motion passed without dissent. Merchants Bank to construct addition to front of existing building and install ATM Teller System at branch located at 50 White Street Mr. Szymanski said the original proposal was to construct a 5' x 8' addition to the building. They are now requesting an 8' x 48' addition, so the addition will run the entire length of the building. Mr. Dudley said the change was contemplated because, if approved, the architect could design an addition to allow the bank to use solar power to reduce its energy consumption. Mr. Jarvis pointed out that the change was substantial and said the application would probably have to be rewarned. Mr. Flaherty suggested the council finish the hearing and then rewarn the application. Mr. Szymanski can talk to the City Attorney for his recommendation and then get back to the bank to tell them whether the council can hear the application again on October 8 or October 22. Mr. Jarvis expected the decision could be made the same day, because the council would have all the information it needed at that time. Mr. Paulsen was afraid of setting a precedent by moving so fast on this application, but Mr. Flaherty felt the council treated each application individually. Mr. Dudley felt that if the application could not be heard on the 8th, the bank would build the smaller addition. Mr. Paulsen moved to close the public hearing on the Merchants Bank request to add an ATM at 50 White Street. Mr. Jarvis seconded the motion and all voted aye. Norman Ramsey to construct an 18 unit motel at 1108 Williston Road The applicant requested that the hearing be continued, and Mr. Jarvis moved to continue the hearing of Norman Ramsey for an 18 unit motel at 1108 Williston Rd. until the next meeting. Mr. Paulsen seconded the motion and all voted yes. Public hearing on the following Interim Zoning Applications Representatives for the last two continued Interim Zoning applications were not present, so the council moved to this item and returned to the above item later. Gordon Jarvis and Edward Flynn to operate a car rental agency in conjunction with auto service station at 860 Williston Road Mr. Flynn apologized for the fact that he was already doing business. He stated that he had not been aware that he needed permission. He submitted a letter to council describing his business (copy attached). His office is an 8' x 16' trailer and his fleet consists of 6 cars. He was asking for temporary approval until July 1, at which time he hoped to move into the airport. He did not anticipate having more than 6 cars at this time, and felt there would not be a major increase in traffic as a result of the business. He stated that there would be 1 or 2 trips per day average and said he has been in the location 3 weeks. He said he would not have an impact on the sewage system because he uses the facilities at the Texaco station in front of the lot. He has one employee. Mr. Gary Farrell said that he owned the property next door to this location and said he had some concerns about the application. There is already a problem because the Texaco station uses Mr. Farrell's entrance (Sheraton Inn) for traffic now, because there is a signal there. The station's major entrance is also in the Sheraton's right of way, and there is litigation between the businesses because the station feels the Sheraton has not provided adequate access for the business. Mr. Farrell was surprised that the station had asked to put another business behind its garage in light of the fact that they felt access was not adequate now. Mr. Flaherty asked Mr. Flynn about putting a time limit and a limit on the number of cars he could have. Mr. Flynn said he had no problem with that. Mr. Farrell noted that the Sheraton would not like to see its entrance used as it is now. He also said that there did not seem to be any certainty that the business would move to the airport in July and said that if it did not, and if the business expanded, his business would have to bear the brunt of the traffic. Mr. Flynn said it would not be a hardship if his approval carried stipulations for no sewage or water facilities, a use not to extend beyond July 1, 1980, and a limit of 6 cars. Mr. Jarvis was concerned that the business had been operating without a permit and Mr. Flaherty asked the Zoning Administrator to look into the situation. Mr. Jarvis moved that the public hearing be closed on the application of Gordon Jarvis and Edward Flynn to operate a car rental agency at 860 Williston Rd. Mr. Paulsen seconded the motion and all present voted affirmatively. Continue public hearings on the following Interim Zoning applications Vermont National Bank to convert an existing two story dwelling into a bank facility with drive-in window at north side at 1117 Shelburne Road Mr. Flaherty said the Fire Chief, Mr. Goddette, has been asked to comment on the proposal. The board was shown a revised plan with a wider entrance (32'). Another hydrant will also be put in. Mr. Szymanski said his concern was left turn movements out of the driveway and Mr. Flaherty also read Mr. Houghton's comments on the proposal (copy attached). The bank representatives said they had not looked into alternate accesses, such as those suggested by Mr. Houghton. Mr. Szymanski felt the proposal needed more thought, since there was a lot of land behind it which would be developed sometime. Mr. Fred Fayette also pointed out that part of the reason for Interim Zoning was because of major traffic problems in the city and along Shelburne Road and he said that when he developed his land in the rear, it would be best if access was coordinated with this parcel also. Mr. Flaherty asked about a stipulation that when the land in the rear was developed, the curb cuts for this property would be closed and access would be another place. The bank representative said that the bank would listen to such a proposal in the future, but could make no guarantees. The bank estimated 50-100 trips per day from the location. Mr. Szymanski asked the bank to talk to South Burlington Chrysler Plymouth about sharing their access. The representative felt the council was denying them access but Mr. Flaherty pointed out that the bank was asking to put more left turn movements onto Shelburne Road, and that would create a dangerous situation. Mr. Fayette also pointed out that when the bank bought the property they knew Interim Zoning was in effect. Signs saying "no left turn" were suggested as a possible solution, but that is hard to enforce. Mr. Jarvis felt the council should put a lot of weight on what its traffic consultant said about the proposal. Mr. Paulsen moved to close the public hearing on Vermont National Bank's request for a bank facility with drive-in at 1117 Shelburne Road. Mr. Jarvis seconded the motion and all voted aye. The council wished to discuss this application before a motion was prepared. Merrill Jarvis to construct two additional theatres to existing theatre-restaurant at 1214 Williston Road Mr. Peter Collins said that 254 parking spaces were required for the existing theatres plus the two new ones, and with the new plan shown the council tonight, there will be 232 spaces on Mr. Jarvis' property. Mr. Collins said he had brought in a few of the written agreements on parking between Mr. Jarvis and his neighbors. Vallenti is the only business not open at night and there are 20 spaces there. Mr. Collins felt that with the spaces on the Jarvis lot and the agreements, there was enough parking. Mr. Tyler Hart said that the Sizzling Steak required 22 parking spaces, and those had been taken out of the calculations. 128 new spaces are proposed. Many of these are behind Villantiti Printing. Mr. Hart said that they had also done some work on the existing parking lot to ease traffic flow. He said he had watched the lot on a Friday night and said a lot of people parked in other lots now and walked over. Cars also exit from the Tower and Alpine Shop lots, and that will continue. Mr. Hart said some trees on the lot should be pruned for better visibility and the pavement arrows should be repainted. In addition he suggested lighted arrows on pedestals for traffic direction. The small island in the entrance will also be removed. Mr. Matta, owner of the Tower, said the theatre patrons were free to use any of his spaces that he did not need as a result of the zoning requirements. Mr. Collins said another concern was the turning movements and increased traffic from the 400 new seats in the two new theatres. He admitted that there would be more people and cars coming to the lot in the evening, but said that they felt that if the movie times were staggered, in any given block of time there would be no more congestion than there is now. Ms. Diane Geerken could not believe this was a serious proposal, given the traffic problems present on the lot now. She said she goes to movies at that location and a lot of cars spend a lot of time driving around looking for a space to park. Even if the spaces are there, getting cars to and from them is a major problem and internal traffic is terrible. She also mentioned that with the new theatres, there would be traffic in and out on Williston Road all evening. She felt the proposal was unacceptable. Mr. Hart said traffic would be better channeled by use of arrows. Mr. Collins noted that Mr. Houghton had seen the plan and felt internal traffic would be satisfactory. Mr. Lowell Krassner felt that if the cars came out of the main access, the Tower and Gardenway lots, there would be a lot of cars turning left and right all at the same time, and that will pose problems. He felt that having so many exits would compound the traffic problem. Asked about fire access, Mr. Goddette said the applicants had not contacted him about it. Mr. Flaherty asked them to do so. Mr. Krassner recommended the council ask for more parking spaces than the ordinance requires, feeling that 1 space for 4 seats was not adequate. Snow storage is in the rear, at the bottom of a large ravine. Mr. Paulsen moved to continue the public hearing on the application of Merrill Jarvis for two additional theatres at 1214 Williston Road. Mr. Jarvis seconded the motion and all voted aye. Public hearings on the following Interim Zoning Applications Sterling Emerson and Ronald Wilkinson to construct an addition and add another use (insurance and real estate) at 1210 Shelburne Road Mr. Wilkenson said the external structure would not be changed, and neither would be landscaping or traffic flow. There is a real estate business in the building now and he would add his insurance business after remodeling the structure. The total number of employees will be reduced from 5 to 4. Mr. Wilkenson said he was in the same business now and 4 vehicles per day was a lot of traffic. For the real estate business, one walk-in customer per day was a lot. It would mainly be the agent himself going in and out. Mr. Jarvis moved to close the public hearing on the application of Sterling Emerson and Ronald Wilkinson for an addition and a second use at 1210 Shelburne Rd. The motion was seconded by Mr. Paulsen and carried unanimously. South Burlington Realty to operate a warehouse in conjunction with a printing service and paint store at 364 Dorset Street. Mr. Peter Coffrin said that 3/4 of the building had been rented and now they wanted to use the existing 1250 sq. ft. for storage warehousing. Traffic is estimated to be 10-14 trips per week. Mr. Paulsen was concerned about the parking shown unless there was a guarantee that there would always be room next door to turn around. He said the applicants were using every part of the lot for parking or for the building. Mr. Coffrin said the applicant had a letter giving them the right to use the other lot to turn around. Mr. Paulsen said he would like something very firm on that. Mr. Paulsen moved to close the public hearing on the application of South Burlington Realty for a warehouse in conjunction with a printing service and paint store at 364 Dorset Street. Mr. Jarvis seconded the motion and all voted aye. Raymond Pecor to construct an addition and operate a car rental agency in conjunction with a car wash facility at 1700 Williston Road. Mr. Jan Rozendaal said that Mr. Pecor owned the property and the proposal is to move the rental car business from the dealership on Shelburne Road to this lot (the dealership is Nordic Ford). An addition will be added to the present car wash. Some landscaping will be put in. They expect 30-40 transactions per day in connection with the rental car business, but they do not think they will store more than 15-20 cars on the lot. The present fleet is 50-60 cars. Mr. Szymanski asked if they would consider restricting traffic flow in the area. Mr. Rozendaal felt Airport Drive might be better if some curbing were put in. There will probably be 6-7 employees. Mr. Paulsen asked for a comment on the impact on Williston Road from the traffic consultant. Mr. Paulsen moved to continue the public hearing of Raymond Pecor for an addition and to operate a car rental agency at 1700 Williston Road and to ask for Bruce Houghton's comment on traffic impact on Williston Road. Mr. Jarvis seconded the motion and all were in favor. Mr. Jarvis noted that he had a business relationship with Nordic Ford, but felt that there was no conflict of interest here. Review additional data and formulate action and stipulations on the following closed public hearing Harold Abrams and Sheila Brochu to operate a piano-organ business from existing structure at 1260 Williston Road Mr. Jarvis moved to instruct the staff to prepare a motion of approval on the application of Harold Abrams and Sheila Brochu for a piano-organ business at 1260 Williston Road. Mr. Paulsen seconded and the motion carried with Mr. Flaherty abstaining because he was not present for the entire hearing. Other business Mr. Paulsen asked the status of the on-site sewage disposal regulations and was told they had been sent to the State. The meeting was adjourned at 9:15 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.