Loading...
HomeMy WebLinkAboutMinutes - City Council - 12/02/1985CITY COUNCIL 2 DECEMBER 1985 The South Burlington City Council held a regular meeting on Monday, 2 December 1985, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street Members Present Michael Flaherty, Acting Chairman; George Mona, Francis Murray, Leona Lansing Others Present William Szymanski, City Manager; Ruth Poger, The Other Paper; Margaret Picard, City Clerk/Treasurer; Mike Donoghue, Burlington Free Press, Art Hogan, Regional Planning Commission; Albert Audette, Street Dept; Ann Soper, Edith Clark, Jeff Olsen, Will Clark, Mr. & Mrs. William Swett, Evelyn Reilly, Loretta Marriott, Comments & Questions from the Public (not related to items on the agenda) Mr. Murray asked whether the Monday night meeting day was "sacred." Members agreed to discuss this when there was a full Council. Meet with residents in the Mills Avenue area regarding variances granted for a parcel at the corner of Mills Avenue and Williston Rd. Jeff Olsen summarized the issue indicating the Zoning Board had granted variances under the hardship clause as there is apparently not enough land in the parcel to meet the setback requirements. He said the neighbors felt that if a party buys land that has a zoning restriction, they are creating their own hardship and that the convenience of the applicant was not enough cause to grant a variance. He also noted that the ZBA had allowed the day care center as a conditional use. The property is zoned residential. Residents feel that the Board did not address three of the five criteria. They stressed that the additional traffic generated on Mills Avenue would be a danger to the welfare and safety of the neighborhood. There are many children living on the street and many senior citizens who walk in the area. There are no sidewalks to protect them. Mr. Olsen added that they felt that trying to talk to the Zoning Board was like talking to a stone wall. Mr. Clark, a resident of Mills Avenue for 17 years, noted that traffic has increased steadily as people use the street for a shortcut to the Airport. He said it is stated in the Comprehensive plan that existing neighborhoods should be protected and felt this is not being done. Mr. Murray asked how the proposed use did not meet dimensional requirements. Mr. Szymanski said the setback requirement is 57 ft. and they have 32 ft. Mr. Flaherty noted that the setback requirements are longer than the lot itself. Mr. Clark said their fear is that by granting this variance, the next step will be seeing commercial uses is the area. Several properties have been bought for speculation. He said that since the property behind this property has been purchased for open space, this piece could also become a park or open area with a Williston Road access. He, too, stressed that residents were shut out from Zoning Board discussions but felt the Planning Commission was much more professional. Mr. Murray asked if the Planning Commission had dealt with the traffic question. Mrs. Marriott said it was mentioned but it was said that since the curb cut was not to be on Williston Rd., traffic criteria did not have to be met. Mr. Murray said he did not see this as a variance question. The day care center is a conditional use. He said it seems there wasn't enough evidence on traffic given by the neighbors. Mrs. Marriott asked how someone could be allowed to build on a lot that size. Mr. Flaherty explained that a number of lots in the city pre-dated the Zoning document, and this was one of those properties. Mr. Murray said he felt if the owners couldn't develop the property without a dimensional variance, they have demonstrated a hardship. He added that if a residence could be built without a dimensional variance, hardship might be questionable. He added that if there were evidence that a traffic problem exists, he would be willing to listen. Mr. Flaherty noted that the City Attorney recommended that the City not appeal this decision. Mrs. Soper asked if it would be possible to revise the decision to have the entrance on Williston Road. Mr. Swett advised that they had done a traffic study at another day care on Williston Rd. and Hayden Parkway which was presented to the Planning Commission. Mrs. Swett added that S. Burlington police advised there were no reported accidents at the Mills Avenue intersection this year. Mr. Szymanski advised residents that they have until tomorrow if they wish to file an appeal with the Superior Court. Ms. Lansing then moved that the Council recommend to the Planning Commission that the reconsider the relocation of the curb cut to Williston Rd. Mr. Mona seconded, and the motion passed unanimously. Set terms of the recently appointed members to the Library Board of Trustees Mr. Murray moved that Mrs. Schlunk be appointed to the unexpired term on the Library Board until June, 1986, and Mrs. Mack to the new 3-year term until June, 1988. Ms. Lansing seconded, and the motion passed unanimously. Adopt Resolution regarding legal fees for dealing with tax collections Mr. Murray read the Resolution (attached) and moved that the Council sign it. Ms. Lansing seconded, and the motion passed unanimously. Mr. Szymanski noted that two of the parties named in the resolution have said they will make an agreement to pay. Review and adopt a resolution supporting the construction of additional ramps at Dorset Street, Kennedy Drive, and 1-89 Mr. Hogan showed drawings of the proposed full interchange. Some minor land acquisition will be required because of the need for a retaining wall. Regional Planning is hoping to get the plans incorporated into the present 5-year plan at the December 11th meeting. Both Regional Planning and the MPO have adopted this a high priority interchange. Mr. Hogan noted that traffic in S. Burlington on 1-89 has increased 39% in the last 5 years. There has also been an increase of 7,000 employees in the region in just one year. Because of Dorset Street planning, it would be better to do the interchange planning along with the Dorset St. plans in order to save money. Mr. Szymanski asked what the funding system would be. Mr. Hogan said right now it's 90% federal and 10% state, but this could change. Mr. Flaherty read the Resolution (attached) and members agreed to add the following wording: "...and urge the Vermont Agency of Transportation to incorporate it in its 5-year capital construction program which it adopts at its December 11, 1985 meeting." Mrs. Poger asked whether the proposed interchange will affect the thinking on Dorset Street and the city center concept. She wondered whether the 4 lanes will now be enough and noted that the area near the schools will now be a much more active area. Mr. Hogan agreed that the environmental impact will have to be looked at. Mr. Flaherty asked if there were any figures on additional traffic on Kennedy Drive because of the proposed interchange. Mr. Hogan said these are not yet available. Mr. Murray then moved that the Council sign the resolution as amended. Ms. Lansing seconded, and the motion passed unanimously. Mr. Hogan said he would notify Mr. Szymanski of the location of the Agency of Transportation meeting. Continue Review of City Master Plan Mr. Murray said he had spoken further with Mr. Carbin who said he could get several people together to speak with the Planning Commission. Mr. Murray will meet with the City Planner to set up such a meeting. Mr. Murray felt that the traffic problem on Shelburne Road merited more than the brief statement in the Plan. He felt the with the Burlington waterfront plans, the impact on Shelburne Rd. would be tremendous. Mr. Mona said the problem cannot be addressed without saying there has to be an alternative to Shelburne Rd. Mr. Murray said this should be stated strongly in the plan. Mr. Murray also expressed concern for Hinesburg Rd. in the area where Corporate Circle exits. He felt that residential neighborhood needs to be protected. Review Zoning Agenda No concerns were raised. Sign Disbursement Orders Disbursement orders were signed. Read Minutes of November 18, 1985 Ms. Lansing moved that the Minutes of November 18, 1985 be approved as written. Mr. Murray seconded, and the motion passed unanimously. Sign renewal note for sweeper Mr. Szymanski explained that the note is for $40,800 at 6.5% for one year. Mr. Murray moved that the Council sign the renewal note as presented by the City Manager. Ms. Lansing seconded and the motion passed unanimously. Liquor Control Board Ms. Lansing moved that the Council meet as Liquor Control Board. Mr. Murray seconded with unanimous consent. Mr. Szymanski presented a request from Waterworks Restaurant to cater a party at Rice High School on December 7, 1985, from 7:30 to 11 PM. Mr. Murray moved that the Board approve the catering permit as presented by the City Manager. Ms. Lansing seconded with unanimous approval. Ms. Lansing then moved that the Liquor Control Board adjourn and the Council meet in Executive Session to discuss the contract for an insurance consultant and return to regular session only to adjourn. Mr. Murray seconded, and the motion passed unanimously. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. RESOLUTION ---------- BE IT RESOLVED, by the South Burlington City Council, that William J. Szymanski, Delinquent Tax Collector for the City of South Burlington, is authorized to recover from the delinquent taxpayers named below his actual expenses, not exceeding fifteen percent (15%) of the delinquent tax, for legal assistance in preparation for and conduct of a tax sale Delinquent Taxpayers Arthur E. and Mary 2. Bailey $3,547.87 2. Daniel C. and Beth A. Desautels 5,340.70 3. Ellen M. Hritz 3,030.07 4. Fred K. Jackson estate 3,888.15 $.( Richard J. and Suzanne B. Jarvis 4,694.89 6. Otter Valley Equipment, Inc. 952.05 7. James T. and June B. Weeks 8,626.97 Approved : Paul A. Farrar, Chairman Michael D. Flaherty Leona J. Lansing George J. Mona Francis X. Murray SOUTH BURLINGTON CITY COUNCIL BE IT RESOLVED, by the City Council of South Burlington that it supports and encourages the expeditious construction of a full interchange at the intersection of Dorset Street- Kennedy Drive with Interstate 89 (exit 13) in South Burlington, which construction will promote orderly growth in the City and relieve traffic congestion on Williston Road (US Ate 2) and other streets throughout the City and urges the Vermont Agency of Transportation to incorporate this project in the five-year capital construction program which it adopts at the December 11, 1985 meeting. Approved : December 2, 1985 GF4-L kh Francix X. Murray SOUTH BURLINGTON CITY COUNCIL