Loading...
HomeMy WebLinkAboutMinutes - City Council - 08/19/1985CITY COUNCIL 19 AUGUST 1985 The South Burlington City Council held a regular meeting on Monday, 19 August 1985, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Leona Lansing, George Mona, Francis Murray Member Absent Michael Flaherty Others Present William Szymanski, City Manager; James Goddette, Fire Dept., Albert Audette, Street Dept; Mary-Barbara Maher, Planning Commission; Sidney Poger, The Other Paper; Stuart McConnaghy, Mary Cady, Laura Brooks, David Spitz, Duncan Brown, John Davis, Mr. Weatherly, J. Huetz, Mal Boright, Leo O'Brien, Gardner Hopwood, Webster Thompson, Allen Ward, Ricky Ward, Chip Ward; Jim Cheng, Burlington Free Press Mr. Szymanski noted that Items 4 & 8 of the Agenda would be postponed at the request of the parties involved. Comments & Questions from the Public (not related to items on the Agenda) No issues were raised. Public Hearing on the proposed Transitional Zone Ordinance (continued from the meeting of 5 August 1985) Mr. Murray noted that with the new committee studying Dorset Street some questions have been raised, particularly with regard to minimum lot size. Mr. Farrar questioned whether it would be feasible to increase lot size as several lots are already undersized and will have to be combined. If the size is made much larger, it will require a combination of 3 instead of 2 lots. Mr. Mona moved to approve the language for the Transitional District as warned for Sections 17.60 and 17.601 through 17.604 of the South Burlington Zoning Regulations and to approve the location for the Transitional District on the west side of Dorset St. between the land of University Mall Realty Trust & Sherry Rd., a distance of 1450 feet at a depth of 120 feet. Ms. Lansing seconded. Laura Brooks, owner of the property at Brookwood & Dorset spoke in favor of the motion. Her property has been for sale for 3 years. There have been 3 contracts for the sale, all commercial. The present contract is for an insurance office that will not change the character of the building. Ms. Lansing noted that while she supports the Transitional Zone for this location, she is concerned that the concept will be applied elsewhere. In the vote which followed, the motion passed 3-1 with Mr. Murray opposing. Public Hearing on proposed Zone Change, C-1 to C-2, of a parcel of land located along the west side of Farrell Street and north of I-89. David Spitz noted that he represents the property which is now Lakeside Tennis and is owned by Vermont Federal Bank. Blodgett Supply wishes to occupy the building for warehousing and distribution. Shelburne Rd., Williston Rd., and Dorset St. are all C-1 districts. This parcel, which accesses on Farrell St., faces an area which is C-2, and the applicants feel their parcel should also be C-2. They added that the 2 other properties on Farrell Street might also better be C-2 as well. Mr. Farrar raised the question of parking areas which might belong to other owners. Mr. Spitz said the only part affected here is a right-of-way. They are far removed from Agel-Corman and the Factory Outlet area. Mary Cady, resident of 99 Hadley Rd., said their only concern was including the other 2 properties in the zone change. Mrs. Maher indicated that the Planning Commission is very sensitive about spot zoning. After looking at the whole area the Commission decided that the character of those lots was similar to the lots across Farrell St and that rezoning them C-2 would not hurt the character of the neighborhood. Mr. Murray asked whether there were any C-2 uses on Joy Drive. Mr. Spitz said he thought Business Systems was wholesale and distribution. Mrs. Cady said she had no particular concerns but several neighbors has become alarmed about warehousing and "rodents running up and down Hadley Rd." She did, however, question some oil tanks which she heard were to be placed on the Blodgett property. Mr. Thompson said the tanks were 270-gallon tanks that go in basements and they would be neatly stacked. Mr. Spitz indicated that they will discuss landscaping and screening with Mrs. Cady so that her backyard view is protected as much as possible. Mr. Mona said he felt these lots were not really contiguous with Shelburne Rd. and really belonged with the other side of Farrell St. Mr. Murray said that practically speaking, with additional curb cuts on Farrell St., access is being given for those properties to commingle with Shelburne Rd. parking lots. Mr. Mona moved to rezone the land located on the west side of Farrell Street from Commercial 1 to Commercial 2. Beginning at a point on the west side of Farrell Street and proceeding westerly for a distance of 534 feet, then south a distance of approximately 590 feet to a point, then westerly 182 feet, then southerly 290 feet to the I-189 right-of-way, then northeasterly approximately 720 feet to Farrell Street then northerly to point of beginning, a distance of 1076 feet. Land includes property owned by Gardenway, T. Farrell, and Vermont Federal Bank and is bounded by properties of T. Cady, E. Reddington, R. O'Brian, A. Barovick, H. Lee, O. Steen, Weatherly, T. Farrell, Kravco (Factory Outlet), Farrell Street, and I-189. Ms. Lansing seconded, and the motion passed 3-1 with Mr. Murray opposing. Consider request for making Old Farm Road a dead-end street Duncan Brown spoke in favor of making Old Farm Road a dead-end street. He noted that at one time the city had given both Old Farm and Shunpike Rd. the option of becoming dead-end Shunpike residents decided against it but residents of Old Farm petitioned in favor. At the time, the request could not be granted because Old Farm Rd. was on the Federal Urban Systems map. That issue was finally resolved, and residents repetitioned last year. They were referred to the Planning Commission who indicated that at the very least residents should put in a turnaround that would meet city standards. Residents have now agreed to do this at their cost. The main reason for this request is safety. Residents also believe it is possible for residential and commercial/industrial areas to co-exist provided adequate provisions are made for each. Residents did not oppose developments on Hinesburg Rd. because they felt it important for the city to develop an industrial and commercial tax base. They feel very strongly now that the extra traffic is seriously damaging their residential area. It is an old road, quite steep with limited sight distances. There are very serious problems in winter, especially as many people are under the illusion that Old Farm Rd. is a shortcut to Williston Rd. Mr. Brown added that if the road were dead-ended, there would be the additional benefit of reducing the cost of maintenance as there would be less traffic and less need to salt the road in bad weather. He also added that safety for joggers was another issue that would be addressed by making the road a dead end street. Mr. Brown then read a statement from Ms. Madonna Wright reiterating the points made by Mr. Brown. Other neighbors present added their support, and no one from the street spoke against it. Mrs. Maher, Chairman of the Planning Commission, then indicated that she is unalterably opposed to the plan for safety reasons. Hundreds of residential units are to be built south of Old Farm Rd. on Hinesburg Rd., and in the event Hinesburg Rd. were blocked off, Old Farm Rd. would be the only emergency access route. She said that the Chief of Police, Fire Chief and Superintendent of Streets agree that Old Farm Rd. is a key emergency link to the southeast quadrant. She understood the problem and thought perhaps making the street one-way would help solve it. Mr. Brown said they had looked into that but no one wants to go down the road in certain conditions, and if you make it one way the other way, you can't get up it in winter. Mr. Audette agreed it might be cheaper as far as 500 feet of salting but because the cul de sac would be reversed from what the road is, it would take longer to plow. He also felt a one-way street was a bad idea. He added that he thought it would set a bad precedent and that there might be other areas where people would like streets to be dead-ended. Mr. Mona raised the question of Swift St. and Holmes Rd. being extended to solve the access problem to the southeast quadrant. Hayes Avenue will also be connected to come out on Hinesburg Rd. Mr. Goddette said Hayes Avenue won't help because of where it enters Hinesburg Rd. He added that with the poor water on Old Farm Rd., they could lose property if there is a fire. Mr. Farrar asked if there is a possibility of closing the road in such a way that it could be opened in an emergency. Mr. Brown indicated he would have no problem with that arrangement. He added that the risk of a serious accident on Old Farm Rd. is greater than the possibility of a fire at exactly the moment of an accident blocking Hinesburg Rd. Mr. Murray said he would like to see the privacy of residents protected but also wants to see the street usable in an emergency and hoped that both needs could be addressed in a solution. Mr. Murray then moved that the Council request the City Manager, working with the neighbors, to see if there is a way to close Old Farm Road so that it can still be used in an emergency. Mr. Mona seconded. Mr. Audette said he didn't think the idea practical as the access would have to be maintained all the time. In the vote which followed, the motion passed 3-1 with Ms. Lansing voting against. Public Hearing (second reading) of an Ordinance restricting large truck traffic on Proctor Avenue, Hadley Road, and Meadow Road Mr. Farrar read the ordinance (attached). Mr. Mona moved that the Council approve the second reading of an Ordinance restricting large truck traffic on Proctor Avenue, Hadley Road, and Meadow Road. Ms. Lansing seconded. Mr. Davis asked about trucks making deliveries at a house with a home carpentry business. Mr. Farrar said if the people have a home occupancy permit, the trucks would be allowed. If they do not, they shouldn't be operating the business. In the vote which followed, the motion passed unanimously. Liquor Control Board Mr. Mona moved that the Council meet as Liquor Control Board. Mr. Murray seconded, and the motion passed unanimously. Public Hearing on status of Club New England's Liquor License and Entertainment Permit as a result of complaints from adjacent neighbors. Mr. Farrar asked the Club's representatives if they had had adequate notice of this meeting. Attorney Ward said they received notice to appear but are not sure why. Mr. Mona read from the Minutes of 15 July in which the hearing was called for. Mr. Szymanski advised that he had gotten the State to monitor noise levels at the club and presented the report (attached) to the Council and the Club representatives. Mr. Goddette indicated the Club has done some remodeling and the sound is now directed more toward Shelburne Rd. Mr. Farrar said they needed to know at what frequency the noise levels were tested. Mr. Davis indicated there had definitely been an improvement in the neighborhood but noted that this had happened after last year's meeting and then two months later the problem was worse than ever. Mrs. Cady indicated that the bass noise is still there. Mr. Weatherly agreed this was the most offensive part of the noise, a low level thumping. Mr. Murray noted his concern that the attorney felt there had not been adequate notice given, and said that the notice should spell out sections of violations and dates of the occurrences. Mr. Farrar said there were 2 possibilities: either a violation of the zoning laws with reference to noise levels being violated or a violation of the law with respect to a liquor license. Mr. Mona indicated he would also like to review the list of complaints on the Police Log. Mr. Murray stressed that before there is a hearing, the Club must be given proper notice and that the City Attorney should be involved in the drafting of this. Mr. Mona then moved to ask the City Attorney to draw proper documents for possible suspension of the liquor license of Club New England and to hold a formal hearing with specific allegations being detailed. Ms. Lansing seconded and the motion passed unanimously. Mr. Murray asked the neighbors present to give their names and addresses so that specific details can be obtained from them. Catering Permit Mr. Szymanski presented a catering permit request from Grandvue Corp. for a wedding at K of C Hall, 31 August 1985, from 1:30 to 7 PM. Mr. Murray moved to approve the catering permit request as presented by the City Manager. Ms. Lansing seconded and the motion passed unanimously. Ms. Lansing asked that the City Manager check to see what went on with the "battle of the bands" as there was a lot of noise in her neighborhood on Sunday. Mr. Mona moved to reconvene as City Council. Mr. Murray seconded with unanimous consent. Review Zoning Agenda Mr. Mona called attention to the tall tower at 1225 Dorset St. Mr. Farrar said that about 3 years ago he believed a law was passed saying that zoning ordinances didn't cover radio towers unless a specific law was passed to cover them. He suggested that the Zoning Board research this. Mr. Audette noted this was a tower for 2-way radios and there is already one tower at the location. Sign Disbursement Orders Disbursement orders were signed. Minutes of August 5, 1985 and August 9, 1985 Ms. Lansing moved that the Minutes of August 5, and August 9, 1985 be approved as written. Mr. Mona seconded with unanimous approval. Executive Session Ms. Lansing moved that the Council meet in Executive Session to discuss the Status of Labor Contracts, Acquisition of the Brand Property, and Acquisition of land for a south-end fire station, and reconvene in regular session only for the purpose of adjourning. Mr. Mona seconded, and the motion passed unanimously. Click here for Detective Gregory Mitchell Education Leave The meeting adjourned at 10:30 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. a MEMORANDU! - - - - - - - - - To: South Burlington City Council From: Jane S. Bechtel, City Planner Re: Farrell Street Zone Change Date: August 15, 1985 This public hearing is for the zone change on Farrell Street passed by the Planning Commission on July 9, 1985. The area is located on the west side of Farrell Street, north of 1-189 and includes 3 properties: the former Lakeside Tennis (now owned by Vermont Federal), a portion of the land owned by Tom Farrell, and the Gardenway parcel. (see attached map) The zone change is from C-1 to C-2. The request originated from a prospective buyer of the Vermont Federal parcel who wants to use it for a wholesale and distribution facility which is permitted in C2 and not in C1. Rather than venture a use variance, a zone change was requested. The Commission approved the rezoning of the 3 properties out of a concern for spot zoning and for the fact that it would not significantly change the character of the area. The properties on the east side of Farrell Street are zoned C-2. A motion should be made to: "rezone the land located on the west side of Farrell Street from Commercial 1 to Commercial 2. Beginning at a point on the west side of Farrell Street and proceeding westerly for a distance of 534 feet, then south a distqnce of approximately 590 feet to a point, then westerly 182 feet, then southerly 290 feet to the 1-189 right-of-way, then northeasterly approximately 720 feet to Farrell Street then northerly to point of beginning a distance of 1076 feet. Land in- cludes property owned by Gardenway, T. Farrell, and Vermont Federal Bank and is bounded by properties of T. Cady, E. Reddington, R. O'Brian, A. Barovick, H. Lee, 0. Steen, Weatherly, T. Farrell, Kravco (Factory Outlet), Farrell Street, and 1-189." I ORDINANCE TO REGULATE TRUCK TRAFFIC ON HADLEY ROAD, MEADOW ROAD AND PROCTOR AVENUE The Council of the City of South Burlington hereby ordains; Section 1: No truck having an overall lerigth of more than twenty-two (22) feet shall be operated or driven upon Hadley Road, Meadow Road and Proctor Avenue, except for the purpose of making a delivery to a residence thereon. . . Section 2: Any violation of Section 1 of this Ordinance shall be deemed a traffic offense, and shall be prosecuted pursuant to 23 V.S.A. 42201- 2207, as presently enacted or as from time to time hereinafter amended. Any such vio- lator will be subject to the procedures, pro- visions and penalties as outlined therein. Section 3: This Ordinance shall take effect from its passage. APPROVED : August 19, 1985 SOUTH BURLINGTON CITY COUNCIL Michael D. Flaherty dfLrnG{, 4-5kT Leo a J. La sing - 8-14-J'T . George 9. Mdha 4-V, Fi%ncis X. Murfay City of South Burlington 575 DODOIISET STREEr SOUTH WIUINGTON, VERMONT 05101 m (182) 65~7953 August 12, 1985 Mr. Ricky A. Ward, Manager Club New England 520 Shelburne Road South Burlington, Vermont 05401 Dear Mr. Ward: At the City Council Meeting on July 15, 1985, at which you were present, the Counci1,meeting as the Liquor Control Board made the decision to hold a hearing on your liquor license, as a result of complaints from the adjacent resident neighbors. This hearing was to be held on August 5, 1985, but was postponed until August 19, 1985. This letter is to confirm that this hearing will be held on August 19, 1985 at approximately 8:30 PM at the City Hall Conference Room, 575 Dorset Street, South Burlington. Your presence is expected at this hearing. Very truly yours, William J. anski City Manage WJS/b cc: Eugen6.J. Ward 111, Attorney , - STATE OFVERMONT FIRE CRNILNTION DIVISION, . ' *0*-.1S1~0* .. .' DCP~RTMCNT oi LASDR AND ~NDU~RY OCCUPATIONAL SAFETY DIVISION MONTULICR, VUIYOPIT 0m.0. moa-@**-17.~ *0.-a1.11** DATE: /' 11 SUM: D b' '5 .To //I TO: / A? A, h/ P//F .5 A 7- CLhfi 50 ~a,,,,~~,,,~,,~ /, rflwe/ - UPW J'HC - LAN /) DEPARTMENTOF LABOR AND INDUSTRY STA'PE OF VEWONT FIRE PREVENTION DIVISION MONTPELIER. VERMOHT osrn02 FINE INSPECTLON RESUL'L'S ~ot-axrn-z~~s (Nigl~t Inslrect ion) Building Name an AS: CAU~ flew FN~A/~,IO //J c xip: WO/ - 3 Nuf A///& 7PII/ Owner's Name and Addreas: R/C$ &/,,Jg 50 &/?h/& mc( Zip : Person Accompanying Inspect or: C//k /--&&oc?m 6 // ~LL../~c/? Type of Occupancy: T LL 4. Violat ions Regardin&: Time to Yes No ID Correct 1. Exits 2. &it Signs 3. Emergency Lighting 4. Occupant Load 5. Fire Ex t inp~ishers 6. Other violations Time to Yea .NO ID Correct Comments : A//&&/- /&8 LL/ /JS /Afs/ 2 c%/ rc' el2 A~G 2 IFFC /,,,lo w/rr ,L/&~~L//+,~cc &/7 7%~ /3/<n1, p /re~15 In Compliance: Yes - /No - . If no. abatement OF all items must be completed by Closing Conference: Yes' I/ No - - , With whom: /?/L& W~JZ 13 merrals: I, cc: ~. ;. . . , . LAW OPPICES BLAIS, CAIN & KELLBB, INC. ME mua - ~~IMAIIDBOW BUILDING Inwummmm BURLINOTDN, VKMONT -1 August 6. 1985 Mr. William Ssg~aaski City Manager 575 Dorset Street South Burlington, Vermont 05401 MANAGER'S OFFICE CITY SO. AURLlNGTON Re: GREGORY 8. MIX- Dear Bill: Please consider tbia letter a grievance on behalf of Gregory 8. Mitehell, This griwanee ir sent to you pursuant to Article XIX of the Agrecnent . Our grievance is simple: you have granted Detective Mitchell an educational leave of abncnce but have refused to grant him benefits during the leave. We feel your decision is in direct contravention of Article XVII, Section 2 of the Agreement which provides for "leaves of abaence without loss of benef its". We request an informal conference with you to attanpt to resolve this matter. Very truly yours, Fm. Joh P. Cain cc: Detective Gregory Hitchel South Burlington Police Association JPC: jal City of South Burlington 57s DORSEt SmM SOUTH BURWCTON, VERMONT 05401 ru. (rn) 6s-1953 August 2, 1985 Detective Gregory Mitchell South Burlington Police Department 575 Dorset Street South Burlington, Vermont 05401 Dear Greg: With reservations, I approve your taking a leave of absence, for a period of one to one and one-half years, to pursue a degree in Business Administration. I have reservations, because except for a couple Of courses, a degree in Business Administration is not much benefit to your police work for the City. - I. During your leave of absence, a replacement will have to be hired, for which the City will have to provide a Health, Dental, Life and Disability Insurance, therefore, the City is not in the position to also provide these coverages to you. If you would consider reimbursing the City for Health, Dental, Life andDisability Insurance coverage, I would be willing to keep you covered under the City plan at the group rates. (Gloria could give you these rates). We would have to find out if this is acceptable to our insurance carriers. The period of your absence will not count towards your longevity. When you return your longevity will resume. Very truly yours, - d"-s @-Ic William J. zymaneki City Manager Request for Educational Leave of Absence Re: Article V, Sec. 5.2 of the Policies 6 Procedures Manual My goal is to attain a &-year Bachelor's Degree in Business Administration. Attaining the degree would enhance my chances of promotion within the South Burlingcon Police Department, especially in the administration field of which I am most interested. To include this 4-year degree with all the law enforcement training and schools I've completed. I believe I can only benefit the city's police department that much more. The city of South Burlington has invested alot of training in me especially because of my position in BCI and the intro- duction of some excellent schools in the last few years. Taking time to complete this 4-year degree at my own expense would satisfy my needs and strengthen my position within the police department. The 4-year degree attained will be a Bachelor of Science degree in Business Administration with a concentration in Business Management. Course of study would include: Business Communications Personnel Management Operations Management Finite Mathematics Basic Statistics Financial Policies of Corp. Business Policies Principles of Economics - nlacro Social Justice Criminal & Civil Justice Depending on how many college credits Trinity College will award me for Law Enforcement experience, schools and seminars is unknown at this time and thus leaves a possibility of attending the sumer and fall semesters pf 1986 to complete my Bachelor's degree in Business Administratfon. Leave of Absence requested for time period between 8-19-85 through 12-18-86. ~re~or# S. itchel ell Submitted 06-24-85 Frapa BiW GO Carter mar at Waa Wlbjratt Bduootiooral kave To : Robert N. Janes Town Kanager From: Richard G. Carter Chief of Police Subject: Education Leaves This is to advise that the followisg ?olicy relative to ' any eaucationai leaves is recoizzer.de2. a. Tkt the leave shall not exceed one (1) academic year at a time. b. That he shall be re-hired at the end of the academic year in the ?osition most nearly like the position ' held before starting the leave, if any position is available. If a position is not available he will be first to be considered when a position is available. c. All benefits received fro= the Town vill cease during this leave period. d. Xe will not lose accrued tine of eniployment while on the leave, but his leave time will not be accepted as accrued time for seniority or other purposes. e. He will be able to carry his insurances at his own expense if acceptable by the insurance carriers. d. All leaves shall be approved by the Chief of Police and the TOM Manager.