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HomeMy WebLinkAboutMinutes - City Council - 07/15/1985CITY COUNCIL 15 JULY 1985 The South Burlington City Council held a regular meeting on Monday, 15 July 1985, at 7:30 pm, in the Conference Room City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Leona Lansing, Michael Flaherty, George Mona, Francis Murray Also Present William Szymanski, City Manager; Margaret Picard, City Clerk/Treasurer; Gloria Yandow, City Bookkeeper; James W. Goddette, Sr. Fire Department; Doug Ireland, Burlington Free Press; Mary Cady, Maura Weatherly, Craig Weatherly, James Gears, Edwin Granai, Bill Schroeder, Rickey Ward, Eugene Ward, Louise Brooks, Dorothy Biggar, David Spitz, Peter Owens, Jim Condos Liquor Control Board Mr. Flaherty Moved that the Council meet as Liquor Control Board to hear from Hadley Road residents regarding noise from Club New England. Ms. Lansing seconded, and the motion passed unanimously. Craig Weatherly, substituting for Sandy Davis who is on vacation, said that in spite of a meeting with the management of Club New England about a year and a half ago, at which time numerous promises were made to soundproof the building, little has been done, and the noise is at an intolerable level nightly until the early morning hours. Fire crackers have been set off in the early hours awakening the entire neighborhood. There were numerous complaints lodged with the management of the Club and with the City Police Department. At times, some corrective measures would be taken, but these were of very short duration. Two letters from residents were presented (attached). Mrs. Brooks and Mrs. Cady also testified to the noise level. Chip Ward, attorney for Club New England, stated that several improvements were implemented such as windows blocked off, building insulated, band volume regulated. He stated that management of the club were under the impression there were no problems because there were no complaints. Mr. Rick Ward, Club manager, stated he has applied for a permit to construct an addition along the northerly side of the building which should help the noise problem, but they can only hope it will work. He felt that off-duty police who have been hired to patrol the parking lot on weekends have kept the noise down. Bouncers encourage people not hang around the Club. He said he would dispute that the firecrackers are coming from the Club. After a brief discussion, Mr. Murray moved that Club New England be given adequate notice for a hearing to determine whether their liquor license should be suspended or revoked and that the Club be given 30 days in which to respond. Mr. Flaherty seconded. Ms. Lansing moved to amend the motion to set the hearing for the first Monday in August. Mr. Murray accepted the amendment. In the votes which followed, both the amendment and the motion were passed unanimously. Mr. Farrar asked the City Manager if he could secure the services of someone from UVM to measure sound levels scientifically. Mr. Flaherty moved that the Liquor Control Board adjourn and reconvene as City Council. Mr. Mona seconded with unanimous consent. Comments & Questions from the Audience not related to items on the Agenda Mr. Condos said he felt that Burlington was trying to bully South Burlington with regard to the ambulance contract and felt the city should not allow this to happen. Mr. Flaherty noted for those who were not aware of the situation that Burlington had come in at the last minute with a bid that reflected a 50% increase in the cost of ambulance service. Complete Interviews for Boards & Commissions Jim Gears was interviewed. He said that he has been a resident of South Burlington for 2 years and that he had been brought up with the ethic that you participate where you live. He is a social worker who treats alcoholics and children of alcoholics in the school system. He felt that his strong point was the ability to see both sides of an issue. He indicated he would be willing to serve wherever needed. Receive recommendation from Planning Commission for a Zone change from C-1 to C-2 on Farrell Street Ms. Bechtel noted that the change could be made for just one property or for all three involved. The opposite side of the street is already C-2. She advised that the first allowable date for a public hearing would be August 19th. Mr. Flaherty moved to set August 19 for the Public Hearing on the proposed Farrell Street zone change. Ms. Lansing seconded, and the motion passed unanimously. Ms. Bechtel further advised that neighbors on Hadley Road had expressed concern about truck traffic using their street as a through street. The Planning Commission has recommended action similar to that takes on Shunpike Rd., allowing only destination truck traffic on the street. Mr. Mona asked why only Hadley Road was being considered when truck traffic could still come up Proctor Avenue or Meadow Road. He felt all 3 should be considered. Mr. Mona moved that the Council instruct the City Attorney to prepare a suitable resolution to regulate truck traffic on Hadley Road, Proctor Avenue, and Meadow Road in a manner similar to the ordinance that covers Shunpike Road. Mr. Flaherty seconded, and the motion passed unanimously. Update on University Mall Act 250 Hearings Ed Granai explained that the Mall is now 15 years old and has undergone planned growth during that time. There has been planning, review and approval every step of the way. For the past 2 years, they have been planning the final phase of the process. They have met with neighbors to hear and address their concerns. During the same 2 years, they have worked closely with regional and state officials. They are approaching the last Act 250 hearing this week, and the City of Burlington is coming to the hearing to second guess South Burlington as to the economic viability of the project. Burlington will claim that Burlington's economic viability will be threatened by this final phase of the project. Mr. Granai stressed that the Mall has a $4.5 million payroll and a tax bill of about $300,000 to $400,000. They also have a very low demand for City services. He felt that it was very important that Burlington not portray the Mall as a project of greedy developers against the City of Burlington. He stressed that Burlington's problems would have existed if the Mall had never been built at all. He requested help and support from the Council. Mr. Mona raised the question of whether Mr. Murray should step down from the Council during the discussion since his firm does represent the City of Burlington. Mr. Murray said he would not step down but that he would not participate in a vote. Mr. Flaherty asked whether Burlington has ever showed up at a local hearing. Mr. Granai said they had not. The Regional Planning Commission has also not taken a position for or against the project. Mr. Mona felt it appropriate for the City Planner to ask Art Hogan what position he will take. Mr. Flaherty then moved that the City of South Burlington formally participate in the District Hearing on the Act 250 application of University Mall on Wednesday, 17 July 1985. Ms. Lansing seconded, and the motion passed 4-0 with Mr. Murray abstaining. Mr. Mona then moved that Mr. Flaherty, the City Manager, and the City Planner be delegated to attend the District Hearing on Wednesday, 17 July 1985. Ms. Lansing seconded with unanimous consent. Dorset Street Widening Mr. Murray noted there were two primary concerns, safety and aesthetics, which had been raised a the hearings on the Dorset Street project. He said that he met with neighbors on Brookwood Drive, the School Department, and the editor of The Other Paper on June 9th. He also talked with youngsters who have to cross the proposed 5 lane road. He added that he has also been concerned with a "City Center" concept. At the June 9th meeting, it was made clear to him that there is a difference of opinion on the highway proposal from the state and the University Mall proposal. Consultant Joe Openlander felt that south of the Mall to Kennedy Drive could be served adequately for 4 lanes. Mr. Murray said that his personal view was that the state's plan for Dorset Street would result in making it look like Shelburne Road. He felt that if there is any hope left for a city identity, it is on Dorset Street, but that the designed plan is devoid of any consideration for the people of South Burlington. He said it is time that South Burlington took a position. The University Mall people have commissioned Terry Boyle's office to suggest an alternative. Mr. Murray then introduced Peter Owens of that office who presented their proposal. Mr. Owen said it is important to consider Dorset St. as more than just a piece of highway. The plan they propose would involve taking 10 to 20 feet more in land. It would leave traffic movement unchanged but would deal with the Williston Road intersection (which the state plan does not). At the intersection, there would be a continuous right turn from Williston Rd. at Howard Johnsons to the Mall. An island would protect this lane from left turning traffic from Williston Rd. A traffic signal would cover the entrance to the Chittenden Bank and to 100 Dorset Street (the entrance to the latter would be relocated directly opposite the Bank). Beyond the Mall, there would be a 4-lane configuration with a center strip and turning accesses. The entire strip would be landscaped with trees. The bike path would be set in an area between the curb and the sidewalk. The plan also proposes a frontage road which would provide access to various businesses along the road. Mr. Farrar noted that a study is being done to decide whether there will be a full interchange from 1-89 at Kennedy Drive. Mr. Murray advised that the proposal would cost about $1.2 million more, the majority of which would involve costs of placing utilities underground. He stressed that the City has a right to make its case to the District and to make it strongly. Mr. Murray moved that the City Council by resolution (attached) find it in the City's best interest to adopt the Dorset Street widening project, as presented at the July 15, 1985 Council Meeting, as outlined by the firm of T.J. Boyle and Associates. Ms. Lansing asked whether the city is locked in if they accept the proposal, but added that she was concerned that it be done right. Mr. Murray said it was his impression that the Commission has not been satisfied with the sensitivity of the Agency of Transportation to the situation of doing more than just moving traffic. Mr. Farrar said he was concerned about taking so much more land. Mr. Mona requested a polling of members: Ms. Lansing said she sees now that a road doesn't have to be only a way to move traffic, and she would support the proposal. Mr. Flaherty said he would support it in principal, not necessarily this specific plan. He said he felt it was worth a try to see what happens. Mr. Farrar said he felt the proposal had merit but was concerned with language that said this is exactly what the city wants. Mr. Mona said he agreed with Mr. Farrar and he was not sure the proposed plan was safer for children. Mr. Murray stressed that the City would have to fight for the proposal in order to get it. He said a road is needed that people will care about and which will make them care about their city. He said the proposal can't succeed unless the Council takes a firm position. He stressed that it is the concepts rather than the specifics that would be emphasized. In the vote which followed, the motion passed 3-2 with Mr. Mona and Mr. Farrar voting against. Mr. Farrar stated that his negative vote reflected concern about widening the right of way. Mr. Murray will represent the City at the Dorset Street hearings. Continue discussion on the future needs of a fire station in the south end of the city Research has shown that there is a potential of about 9,000 residential units to be built, about three times what exists today. The question is whether it is reasonable to plan for three times the fire protection that exists today. Mr. Farrar said he is satisfied that the plan makes some sense. He said he was concerned with the assumption that the Air Guard backup would continue indefinitely. Mr. Goddette advised that there are plans for a new fire station at the base in the next few years. Mr. Farrar asked the Chief if he had looked into the possibility of using just 1 station in the south end. Chief Goddette said this would be feasible if the east-west roads were all completely built as shown in the Comprehensive Plan. Mr. Farrar asked what happens if you assume those roads will be built and you build one new station before the road gets there. . .how much benefit does this station give? Chief Goddette said some time would be saved to areas on Shelburne Road. He stressed, however, that he would still favor the proposal he made at the last meeting. Ms. Bechtel noted that the Planning Commission agreed there should be a station in the Shelburne Road area and one in the Hinesburg Road area and that the Council should find land for the Shelburne Rd. station while the Commission found the Hinesburg Rd. land. Chief Goddette said he felt a new station was needed within the next 5 years. Mr. Mona said he liked the Planning Commission recommendation and felt it was ultimately a bad idea to put a station on Spear Street to cover Shelburne Rd. Mr. Mona moved that the Council adopt the Fire Chief and Planning Commission's recommendation that long-range provision be made for 3 fire stations in the city, the second to be located off Shelburne Road and the third to be located off Hinesburg Road. Mr. Murray seconded, and the motion passed 4-1 with Mr. Farrar opposing. The Council asked the City Manager to continue negotiations for the needed land. Sign Agreement with State Agency of Transportation for finance and maintenance of Williston Road widening project at Gaynes. Mr. Mona moved that the Council sign the agreement with the State Agency of Transportation for finance and maintenance of the Williston Road widening project at Gaynes as presented by the City Manager. Mr. Flaherty seconded, and the motion passed unanimously. Review & sign 1984-1985 Highway Union Agreement Mr. Mona moved that the Council sign the 1984-1985 Highway Union Agreement. Ms. Lansing seconded, and the motion passed unanimously. Review Zoning Agenda No issues were raised. Approve Minutes of 1 July 1985 Mr. Flaherty moved that the Minutes of 1 July 1985 be approved as printed. Ms. Lansing seconded, and the motion passed unanimously. Sign Disbursement Orders Disbursement orders were signed. Liquor Control Board Ms. Lansing moved that the Council adjourn and reconvene as Liquor Control Board. Mr. Flaherty seconded, and the motion passed unanimously. Mr. Szymanski presented a request from Holiday Inn for their Battle of the Bands presentations. The final performance is scheduled to be held in the parking lot while the earlier performances (one of which was held on July 7th) will be indoors. Mr. Farrar expressed concern about the outdoor event and other members agreed. Mr. Murray moved that the Board approve the requests for July 27, August 4th and August 11 but that the Holiday Inn people be asked to come back and clarify plans for the outdoor event. Mr. Flaherty seconded, and the motion passed unanimously. Mr. Flaherty then moved that the Board adjourn and reconvene as City Council in Executive Session to discuss appointments to Boards & Commissions and various contract negotiations and to reconvene only to adjourn or to make appointments and then adjourn. Ms. Lansing seconded, and the motion passed unanimously. The Council made the following appointments: Reappointed Judy Hurd to the 4 year term and Mary-Barbara Maher to the 3 year term on the Planning Commission and appointed James Gears to a 1 year term on the Corrections Center Liaison Committee. The Council adjourned at 11:30 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. ~ ~ ~.~ b.3 ei-3. 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'-8 RESOLUTION IN REARD TO CITY OF SOUTR: BURtINGTON'S DORSET STREET WIDENING PROJECT The City Council of South Burlington resolves it to be in the beat interests of the residents of the City to adopt the plan out1 ined by the landscape architecture and planning firm of T. 3. Boyle and Associates, at the City Council meeting of July 15, 1985 as the City's plan for widening Dorset Street which plan requires the following refinements be made to the State Agency of Transprtation'8 current design for the widening of Dorset Street: 1. Widening the Doraet Street right-of-way by approxi- mately an additional 14 feet. 2. Placing the bike path out of the vehicle travel portion of the road to behind the curb. 3. Include a landscaped median with grass, trees and other plantings in the center of the road between the two north and two south bound traffic lanes, and on both sides of the road behind the curb, and between the bicycle path and the pedestrian walkway. 4. Separate and shape the median for left turns at high volume intersections. 5. Place electric and phone company utilities underground. 6. Include a continuous right hand turn lane at Dorset Street for vehicles traveling east on Williston Road. Furthermore, the City Council finds that these refinements are in the best interest of the City, because they will make DOrSet Street an integral part of the City and County rather than a mere corridor to move automobile traffic; more safe and beautiful as well as functional ; a focal point of community identity; and a source of pride for the entire City and County. Furthermore, the Council resolves that Councilmen Francis X. Murray and City Manager, William J. Sxymanski communicate this position to the State Agency of Transportation on Tuesday, July 16, 1985. And furthermore, the said Francis X. Murray and William J. Szymanski present the above-descr ibed refinements as the City's position on Dorset Street's widening to the District Environmental Commission at the ~ct 250 Hearing on the project scheduled for the evening of July 17, 1985.