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HomeMy WebLinkAboutMinutes - City Council - 04/07/1980CITY COUNCIL APRIL 7, 1980 The South Burlington City Council held a meeting on Monday, April 7, 1980 at 7:30 pm in the City Hall Conference Room, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, Kenneth Jarvis, Martin Paulsen, William Burgess Others Present William Szymanski, City Manager; Albert Audette, Highway Dept.; Stephen Page, Gerald Milot, Barbara Wick, Gloria Gibson, Robert Provost, William Robinson, Lowell Krassner Minutes of March 31, 1980 The March 31, 1980 minutes were approved on a motion by Mr. Paulsen, a second by Mr. Flaherty, and a unanimous vote. Disbursement orders Disbursement orders were signed. Continue public hearings on the following Interim Zoning Applications Gerald Milot to construct 4 buildings, housing 34 2-bedroom residential units on land located northerly side of Kennedy Drive bound by property of Ryan, ICV, and City of South Burlington Mr. Steve Page noted that City Manager Szymanski had done a traffic evaluation for this project which took into consideration other projects approved or underway in the area. The developer feels that this evaluation is an understatement of the case, since there is a lot of through traffic in this area, and that will make intersection improvements necessary as that traffic increases. In general the applicants feel that the traffic assessment is a reasonable evaluation of the situation. Mr. Page said they would stand by the information submitted as to how much traffic this project would generate, where it will come from and where it will be headed, as well as its effect on the two nearest signallized intersections. Mr. Page felt there was enough capacity in all the affected approaches to the two nearest signallized intersections to accomodate the traffic returning at the evening peak without unduly compromising the level of service. He thought that the project was about 1400' from both Williston and Hinesburg Roads. In response to a question, Mr. Page said that the level area of the road at the entrance of the project would be about 60' long. This is to allow cars exiting the project to have excellent sight-distance. Mr. Milot submitted a report to the Council from Dubois and King (copy on file with Zoning Administrator), evaluating the capacity of the water mains on Kennedy Drive for fire flow. The report stated that the mains would provide enough fire flow for the project and is a response to the Fire Chief's March 21 letter. Mr. Page said the main would be extended in accordance with Water Department procedures. To loop the main would cost the developers $7500-9000, on top of the extension already planned for this project and one across the street. Mr. Flaherty moved to close the public hearing and Mr. Paulsen seconded the motion. Mr. Krassner commented that the evidence submitted at the last hearing had indicated that the level of service at the Kennedy Drive-Williston Road intersection would drop to a D level. The motion passed without dissent. Addison Corp., Barbara Wick to occupy an existing structure (12' x 20') as an antique shop, said structure is located on a lot also occupied by a residential dwelling at 400 Shelburne Road Ms. Gibson noted that a 5-page presentation and a memo from a traffic engineer (David Bogue) had been submitted (copies on file with Zoning Administrator). Mr. Szymanski said that the daily average traffic count for that area in 1978 had been 19,700. Mr. Jarvis moved to close the public hearing and Mr. Flaherty seconded the motion, which carried unanimously. Robert L. Provost to operate a commercial mail receiving agency and retail shop in conjunction with an apartment on 2nd floor, 1270 Williston Road Mr. Szymanski gave the Council members more information on the application (copy on file with Zoning Administrator). Mr. Farrar noted that the Zoning Administrator, in his 4/2/80 memo, had informed the Council that although there was an agreement on parking, that agreement had no definite duration and the owner of the parking spaces felt that he had the right to withdraw permission for this business to use those spaces at any time. The right to use the spaces could disappear if the business were sold. Mr. Provost commented that if he did sell his business, the next owner could negotiate with the owner of the spaces. The owner does not want to be involved with anyone but Mr. Provost in the use of the spaces, unless there is a lease agreement. Mr. Farrar noted that if, for some reason, the owner of the spaces felt that having them used presented him with problems, he could withdraw the agreement. Mr. Provost agreed that was correct and Mr. Farrar added that that meant that Mr. Provost did not, in effect, have those spaces, since he could not tell the Council they would be available for his use tomorrow. Mr. Provost replied that he had the spaces today but Mr. Flaherty pointed out that if business was heavy and caused problems for the owner, he could withdraw the spaces and the city would have a problem with having a lot of cars on Williston Road. Mr. Flaherty felt that if the Council were to grant permission for the use, they would have to know that the spaces would be there tomorrow. If there were an agreement in writing covering a period of 10 years, for example, the city might be able to grant approval for that time period, as it has in some cases limited approval times. Mr. Farrar noted that if the Council approved the use today and in the future the spaces disappeared, the conditions would have changed substantially without the city having had any say in the matter. Mr. Provost felt the approval could run with the ownership of the property. Mr. Farrar felt the Council had to interpret this use as if the spaces did not exist, since they could not be sure they would be there tomorrow. He also said that the Council would consider the application in whatever form it was presented, but that there was less chance of approval with fewer parking spaces than more spaces. Mr. Provost noted that the owner of the spaces wanted to help him, but did not want to lease the spaces and he felt the burden of enforcement was on the Council. Mr. Provost felt that he had taken the lot, which is zoned BR, and put in as uses the lowest traffic generators he could. He noted that the second floor would be an apartment and an auto club was going in on the first floor. This use will have no more than 2 people in the building at one time and will exit to Williston Road while Mr. Provost will exit to White Street. They will have 2-3 parking spaces. Tenants will park off the lot. Mr. Provost said there would be 3 employees; himself, a secretary, and the ALA operation. The call-in service would lower traffic generation by allowing people to call to see if they had mail before they drove over to get it. The ALA employees will park off the lot also, so the 6 spaces on the lot will be for mail customers. Mr. Provost noted that he had a large investment in the lot, on which he has done a lot of work. Mr. Robinson, Mr. Provost's attorney, commented that past uses of the building had generated more traffic than this use would. Mr. Jarvis moved to close the public hearing on the application of Robert Provost to operate a commercial mail receiving agency and retail shop, along with an apartment at 1270 Williston Road. Mr. Paulsen seconded the motion and all voted aye. Respond to Regional Planning Commission request for Community and Regional five most pressing needs Mr. Paulsen asked what activity had taken place on the list submitted to the Regional Planning Commission last year. Mr. Farrar said some work had been done on Transportation Planning. Regarding solid waste disposal, Mr. Szymanski estimated that the present city landfill would be adequate until about the year 2000. It was noted that the list of needs was not prioritized. Mr. Flaherty moved to resubmit to the Regional Planning Commission the same list of most pressing needs for both the region and the community. Mr. Burgess seconded the motion and it passed 5-0. Consider City Attorney's correspondence regarding pending tax sale of Hartberg property The City Attorney has stated that the Hartbergs intend to pay $1,000 now and $100 per month on their delinquent taxes. There will not be a tax sale. Mr. Flaherty moved that the City Attorney has the power to enter into an agreement on a periodic schedule and that the city does not waive any rights to a tax sale. Mr. Burgess seconded the motion and all voted aye. Discuss Water Department request for a bond issue for the May annual meeting Mr. Szymanski informed the Council that the East Woods area of the city had some very old and very small pipes and that there were a lot of leaks every year in that area. The Water Department would like to go for a bond issue of $65,000 to replace some of that pipe. Mr. Farrar felt the proper procedure would be just to borrow the money, not have a bond issue. Mr. Szymanski said he would ask the board if it wanted to do that instead. Landfill Certification Mr. Szymanski gave the Council background on this subject. The city has a geologist who is doing some of the work necessary for certification. Mr. Szymanski said that he had submitted a map in 1972 and that needed to be enlarged, which he will do. The Council wanted a list of all the work that is necessary for certification, and it was suggested that a meeting be held with the state before June 1 to review the data and see if the state and city are on the same track. Review Planning Commission and Zoning Board agendas There were no comments. Old business Mr. Burgess asked where the city stood on enforcement of the sign ordinance and the Council also wanted a list of non-conforming signs. This list should be all of them, not just the large ones, but also the ones in the wrong locations, with the wrong type of lighting, etc. Mr. Burgess then asked about the sign/truck for the Anchorage Inn. He was told that the city had filed action with the state. Mr. Burgess then asked about the letters warning people to hook to the sewers. He was told they were being reviewed but had not been sent yet. Meet as Liquor Control Board to consider liquor license renewals Mr. Flaherty moved to adjourn as the City Council and meet as the Liquor Control Board. The motion was seconded by Mr. Burgess and carried 5-0. Mr. Szymanski said there were 16 licenses to renew. These are: The Parkway Diner, The Tower Restaurant, The Redwood Best Western, Pauline's Kitchen, The Airport Restaurant, The Ramada, Lums, 19th Century Inc., J and J's Restaurant Inc., The Airport Grocery, the Cork and Board, Gracies, U-Save Beverage Center, Twitchell's, and Spillane's Service Centers on Shelburne and on Williston Roads. All have been approved by the Fire and Police Chiefs. Mr. Burgess moved to sign the liquor licenses. Mr. Flaherty seconded the motion and it passed without dissent. The meeting was adjourned at 8:35 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.