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HomeMy WebLinkAboutMinutes - City Council - 04/23/1984CITY COUNCIL APRIL 23, 1984 AMENDMENTS TO MEETING OF APRIL 23, 1984 On p.2, Mr. Farrar originally moved that the Airport Sewage Treatment plant capacity be increased to 2.3 MM gpd and that the City Manager be instructed to prepare for a September bond issue. This motion was not seconded. On p. 5, Mr. Marvin suggested that the various parties in the Club New England issue (the Club, citizens, Fire and Police Chief, and City Manager) get together to work out a solution. The South Burlington City Council held a regular meeting on Monday, April 23, 1984, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Hugh Marvin, Chairman; Leona Lansing, Paul Farrar, William Peters Member Absent Michael Flaherty Others Present William Szymanski, City Manager; Margaret Picard, City Clerk/Treasurer; Donald Whitten, Water Pollution Control Dept; James W. Goddette, Sr., Fire Department; Albert Audette, Street Dept; Stan Wilbur, Webster-Martin, Inc; Mark Goodrich, Ralph Goodrich, James Lamphere, William Mikell, Janet Lavalla, George Bosworth, George Cady, John Davis, Craig Weatherly, Maura Weatherly, Sandy Davis, Lowell Krassner; Ruth Poger, The Other Paper Comments & questions from the public (not related to items on the Agenda) There was no discussion in this area. Presentation of a development scheme for a parcel of land along the east side of Hinesburg Rd., south of the Mitel Plant Mr. Mikell explained that he is one of the property owners along with Ralph Goodrich. He owns a wedge-shaped piece of land, 60-70 acres of which is west of the brook and thus in South Burlington. The bulk of his land is in Williston. The land is landlocked, with no road frontage, due to the failure of the planning process to reserve a right of way when adjacent property was developed. Thus he decided that the only way to use his property was to join with Mr. Goodrich, who owns adjacent property that does have an access. Mr. Goodrich then explained that when the City zoned the land, they designated it as Industrial, but because of lot size requirements, he couldn't sell it for development. He thus hired Jim Lamphere to develop a proposal. Mr. Lamphere then presented his proposal. He noted that the land in question is the largest single piece of property that can be put together in this vicinity. About 416 acres is in South Burlington, the remainder in Williston. He said it was their feeling that the land was much too beautiful to use totally for industrial, and that is why they were going to request; rezoning consideration. He then showed slides of the property, noting that it was their intention to retain some areas as open space. Their plan calls for a connector road between Hinesburg and Brownell Rds, though this could be located anywhere the City wished. There would be low density housing behind Hinesburg Rd, not blocking views for current or future residents. The area around the quarry would be the highest density for corporate office buildings. In the wooded areas toward VanSicklen Rd. they would tuck houses, without disturbing the beautiful land around the brook. The quality of life in the neighborhood would be substantially better than in most other residential areas and would allow people to live and work in that area. In response to a question from Mr. Farrar, Mr. Lamphere said the Williston land is zoned low density residential. He added that they anticipate about 600,000 sq. ft. of non-residential construction. Mr. Farrar noted that it is somewhat less than what they would get if it were developed as presently zoned to its maximum, but he thought it was a reasonable comparison as to the tax benefit to the city. In answer to another question, Mr. Lamphere said that about 66 acres that is now zoned Industrial would be for residential use. Mr. Peters asked how far they would be from sewer work in Williston. Mr. Goodrich said the sewer will come to the north end of the property, just across the Interstate. Mr. Marvin asked about the body of water near the quarry. Mr. Lamphere said that they would hope to keep that area open so people could walk through and enjoy it. They might also use the body of water for energy purposes. Mr. Krassner asked if there would be any retail space in the area. Mr. Lamphere said there would not. Mr. Peters said he felt it was an excellent proposal, in a class of its own, and he would like to see more. Mr. Farrar felt it was a very interesting approach to land use and his only reservation might be the potential tax revenue loss, but he could be convinced this is the best use of the property. Mr. Marvin felt it was a fascinating idea which has no equal in the Burlington area. Mr. Peters then moved that the Council encourage this project to go through the planning stages and refer it to the Planning Commission for its consideration. Mr. Farrar seconded and the motion passed 3-1 with Ms. Lansing opposing. Continue discussion on upgrade and expansion of the Airport Parkway Sewage Treatment Plant Mr. Marvin read from the Minutes of March 12, in order to reacquaint members and visitors with the progress to date. Mr. Szymanski said he had gotten a call just before the Legislature recessed. Sen. Little had heard about the concerns over Bill #549 which would drop the percentage of state financing from 35% to 25% and would eliminate funding for phosphorus. The Senator said it might be possible to change the effective date of the bill to October. Mr. Szymanski said he then checked with the state and had been told that if the City passed the bill in the September election, the old financing would still apply. The bill was then passed in the Legislature with that amendment. Mr. Peters said he would be happier if he could see this information in writing. Mr. Szymanski then read a letter from Paul Gormsen, State Design Section Supervisor, to Stan Wilbur (attached) explaining how they had determined the 2MM gpd limitation. Mr. Peters said he would prefer to wait until the next meeting to vote on approval of the 2.3 MM gallon plant; however, Mr. Wilbur said that would be too late from their standpoint. If they do not have plans and specs that the State can accept as complete, they will not issue funding. Mr. Farrar then moved that the Council instruct the City Manager and Consultant to prepare plans for a 2.3 MM gpd upgrade of the Airport Sewage Treatment Plant. Mr. Peters seconded. Mr. Krassner raised the question of financing and felt that it should be on a user basis rather than a general property tax. Mr. Farrar said they have discussed setting up a special purpose district concept in which funds from new construction within that district would be used to pay for the expansion of the plant. However, it will take a Charter change to accomplish this, and he could not promise that it could be done in time to implement it for this sewage plant, but he noted that there will be more projects of this kind in the future. Mr. Krassner said citizens do not object to paying for upgrading of treatment, but the increased capacity should be paid for by new development which benefits from it. In the vote which followed, the motion passed unanimously. Review Public Comments from April 5, 1984 budget hearing and approve 1984-85 City Budget. Mr. Szymanski noted that the question of a complete sidewalk for Hinesburg Rd. had been raised. The additional cost would be $26,000. He felt that the problem at the corner could be handled by putting the sidewalk up to the curb. Another concern raised was the problem at Bartletts Bay with the brooks. He was not sure whether this was a City problem. He also reported that he had received a petition from the people on Barrett Street requesting a sidewalk. He had no cost figures for this. Ms. Lansing asked whether funds were available for these projects. Mr. Szymanski said money would have to be cut elsewhere. Mr. Farrar said he felt they should try to build as much sidewalk as possible on Hinesburg Road. He also advised that the budget never contained the $4,000 for the MPO. Mr. Farrar then moved that the Council approve the budget with the addition of $4,000 for the MPO and a request that the City Manager try to complete as much of the Hinesburg Road sidewalk as possible with whatever money is left from other road projects. Mr. Peters seconded Mr. Bosworth then stressed the need for the Hinesburg Rd. sidewalk, citing the problems of citizens in the elderly housing complex, as well as other walkers and cyclists. Mr. Krassner cited other problems with drainage on Victoria Dr. and Beacon St. In the vote which followed, the motion passed 3-1, with Ms. Lansing voting against. Ms. Lansing then requested the City Manager to find out about the responsibility for the brooks at Bartletts Bay. Liquor Control Board Mr. Farrar moved that the City Council adjourn and reconvene as the Liquor Control Board. Mr. Peters seconded with unanimous consent. Mr. Szymanski noted that the following Liquor License renewals, due May 1, 1984, have been approved by Fire, Police, and Tax officials: Roberts Save More, Martins (Shelburne Rd. and Dorset Street), Airport Grocery, Ernie's Mobil, Net Result, Gracey's Store, U-Save Beverage Center, Spillanes (Wiliston Rd.), P&C (Williston Rd), Octane 1 Short Stop, Bogarts, Gaynes, Brothers II (Shelburne Rd), Colonial Deli, Morgan Stores (Shelburne Rd), Cork & Board (both restaurant and deli), Grand Union (Hinesburg Rd. and Shelburne Rd), Windjammer, Tower, Vinnie's Hot Spot, Airport Restaurant, Ground Roand, Howard Johnsons, Kinfolks, Olympiad, Papa Geno's, Rotisserie, Benes Inn, Pizza Hut, Twin Oaks Tennis, Pappas Restaurant, Pauline's, Big Ben Pizza, Redwood, Brick Oven, Parkway Diner, Ramada Inn, Holiday Inn, Sheraton. Mr. Farrar moved that the first and second class licenses as read by the City Manager be approved. Ms. Lansing seconded with unanimous approval. Mr. Szymanski then presented the renewal of the Club New England. He advised that he had received several letters and calls complaining about noise and disturbances. He also presented a petition signed by 32 residents of Hadley Road complaining about the noise and indicating they had received no reply from their request for help to the manager of the facility. The Fire Chief also has had 5 or 6 calls because of overcrowding and noted that little or nothing had been done about this. Numerous police complaints were also noted. Mr. Ward, Manager of the Club New England, said he was aware of the problems and had made suggestions in a letter as to how to solve them. Mr. Weatherly, a Hadley Rd. resident, noted that it has been only recently that the noise has reached the level of complaint. He has called the police who said they could not do anything about it. He said the club operators had treated them rudely. The noise, he added, was absolutely intolerable, even with the windows closed. Mr. Szymanski said there was a provision in the Zoning Ordinance, but it would require noise measuring equipment. Other neighbors indicated there had been fights and breaking of bottles when the club closed at 2 AM. Mr. Ward said they have an attendant and bouncers and he did not know of any such problems. He attributed the added noise to the use of live bands in the restaurant area which is not as well insulated. He felt they might cut down on this and use smaller bands or records. Mr. Farrar said he saw two problems: the annoyance to residents in the area, and the dangerous overcrowding conditions. He said if both aren't solved quickly, there would not be a business because there won't be a liquor license. Mr. Ward said the overcrowding was caused because they have a capacity on each side and people move from one side of the building to the other and they can't regulate it. Chief Goddette said the law requires 15 sq. ft. of space for people at tables. He added that when he had viewed the club, this was not being maintained. In addition, speakers were blocking exit ways, so that he couldn't even get into the room. He said he always made an attempt to talk with the manager, and things might improve for a while, but then the same problems would arise. Mr. Peters said he felt the police report was inexcusable and it was amazing no one had been hurt. Mr. Krassner reminded the Council that several months ago there had been a report of liquor being served when a wrestling event was held, despite the fact they had been assured no liquor would be served. The members felt they could not support a license renewal at this point. Mr. Peters said if they couldn't control their business, they shouldn't be in business. Mr. Farrar noted that the Council will be available to meet on Monday, April 30, after the BCA meeting, and if the Club New England can work out its problems with the citizens, the Fire Department and the Police Department to the satisfaction of the City Manager, the renewal request can be considered at that time. Mr. Szymanski then advised that several other establishments had tax problems which might influence renewal. These include Kaula Mauna, Solomons, Friar John, and City Nights. Spillanes on Shelburne Rd. and Wesson's Diner also have potential problems. Mr. Farrar moved that these and any other problem renewals be held until Monday, April 30, and that the City Manager try to work out the problems with them. Ms. Lansing seconded with unanimous support. Mr. Farrar then moved that the Liquor Control Board be adjourned and reconvened as the City Council. Ms. Lansing seconded with unanimous approval. Sanction action taken by Councilman Flaherty who signed the Proclamation designating April "Stop Violence Month" Mr. Szymanski explained that he had asked Mr. Flaherty to sign the Proclamation since a meeting could not be held before the end of the month. Mr. Farrar then moved that the Council sanction Councilman Flaherty's signing of the "Stop Violence Month" proclamation. Ms. Lansing seconded with unanimous approval. Sign Resolution for departing Assistant City Manager Ms. Lansing moved that the Resolution for the departing Assistant City Manager be signed. Mr. Farrar seconded with unanimous consent Sign Amended No Parking Resolutions for streets in proximity to the Airport, as discussed March 19, 1984 Mr. Szymanski read the Resolutions (attached), and noted that citizens who had questioned them were satisfied with the explanations given. Mr. Farrar then moved that the Council sign the Resolutions as read by the City Manager. Ms. Lansing seconded with unanimous consent. Read Minutes of Regular Meeting of March 19, 1984, Budget Hearing of April 5, 1984, and Special Meeting of April 10, 1984 Mr. Farrar moved that the Minutes of March 19, 1984, April 5, 1984, and April 10, 1984 be approved as read. Ms. Lansing seconded with unanimous approval. Sign Disbursement Orders Disbursement orders were signed. Other Business Mr. Marvin noted that a new City Planner has been hired. Mr. Szymanski advised that she will begin work on May 7, 1984. As there was no further business, Mr. Farrar moved that the Council adjourn. Ms. Lansing seconded with unanimous approval. The meeting adjourned at 10:00 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. State of Vermont AGENCY OF ENViRONRlEKTAL CONSERVATION Montpelier, Vermont 05602 Drrurtment of Fish and Game RECEIVED kpartknt of Water Reeourccs md Deportment of Forests. Parks, wid Re-estion Dcputmenc of Water Resources R Cnvironmmtal Engineering APR-8 t982 Environmental Engineering brutal Rasowcss Con~rrnion Cwncii WEBSTER - MARTIN, INC April 6, 1982 Webster&rt!r., Inc . 1025 Alrport miire P.O. Box 2246 South Burlii-~gt~~~, W 05401 Re : Airport Parkway Upgrade Sizing So. Burlington C500143-01 Attn: Stanley Xilbur, P. E. As stipulated in recent mmrandum of review for the Facility Planning report for the above referenced project, the policy of this office is to limit the eligibility for sizing of a wastewater treatment facility to no more than a 50 percent growth factor per decade as applied to the residential flow. In the case of the South BurS3rgton Alqmr% Parkway upgmde, the haximum size of the facility that we would participate in would be one of about 1,750,000 gallons per day (MGD). The 1.75 MGD limitation was derived by using the initial wastewater .flows as shown in 'Table No. 4 of the Facility Planning report. Comnercial, Zndustr5al, I/I, and leachate initial start-up flaws were held constant and the mudxmm allowable growth percentage was applied against the destic flow of 442,030 gallons per day. 'Ihis resulted In an allowable domestic contri- bution eligible for participation of about 1,000,000 gallons. When added to the 744,000 for the other porttons this resulted in an appmxhately 1.75 MGD facility. This is not to say that the plant will not be expected to exceed 1.75 MGD after 20 years, but rather st lpulates our participation. As a ndtter of record I feel that the 2.3 FJIGD estimate is probably a realistic nwr and that the municipality should plan on a facility to handle at least this almunt. As fbr as the percentage of federal and state ming is concerned, we are unsure at this thx? what the grant munts will be when the f'ac2lity is ready for construction. I would suggest that for the purposes ofthis report that the 75% federal and 15% state, except 25% for phosphorous, participation be reflected. Adjustments can be mde later-on as necessary. ' Mess you have any f'urther questions concerning the above I would make the adjustments to the report as quickly as possible so as to allow the general pthlic any opportunity to review the overall Ming picture . prior to the Facility Planning hearing. If I can be of f'urther assistance please give RE a call. __.- . .Ve@ truly.: yours, Design Section &rvlsor cc: William Szymanski, City Manager, So. Burlington RESOLUTION ---------- BE IT RESOLVED, by the South Burlington City Council, to approve the recommendation of the City Manager, that due to the increased congestion, that the full length, on the north side of LeDoux Terrace be designated as a "NO PARKING- TOW AWAY ZONE" and that the south side be designated a "NO PARKING-1:00 AM to 7:00 AM." BE IT FURTHER RESOLVED, that the appropriate signs be installed by the direction of the City Manager. This Resolution shall take effect upon passage. Approved: April 23, 1984 \ . Marvin, Chairman Michael D. Flaherty ~@/yy - William L. Peters SOUTH BURLINGTON CITY COUNCIL