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HomeMy WebLinkAboutMinutes - City Council - 01/27/1986CITY COUNCIL JANUARY 27, 1986 The South Burlington City Council held a Special Meeting on Monday, January 27, 1986 in the Mini-conference Room, 575 Dorset Street, South Burlington Members Present Paul Farrar, Chairman; Michael Flaherty, Leona Lansing, George Mona, Francis Murray. Others Present William J. Szymanski, City Manager Chairman Farrar opened the meeting at 5:30 PM and asked if there was anything to be added to the Agenda. There was none. Review final draft of Findings of Fact and Report for the land acquisition hearings for the Williston Road (at Gaynes) road widening project Revised copies of the order regarding the Condemnation Hearings for land acquisition for the Williston Road (at Gaynes) widening project. Copies of pages 5 & 6 were passed around. These copies included a clarification of the findings regarding the increase allocated to Hospitality Inc. Chairman Farrar asked members present to review the revised copies. All present agreed to the revisions. (copies of document are attached to these Minutes). Mr. Mona moved to accept the Order and Report of Council's Doings as presented and to sign said documents. Mr. Flaherty seconded the motion. There was no further discussuion. Chairman Farrar called for a vote and all present voted in the affirmative. Mr. Flaherty moved to adjourn the meeting, seconded by Mr. Murray, all voted in favor. The meeting adjourned at 5:50 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. RECEIVED - SPOKES. FOLEY & STITZEL ATTORNEYS AT LAW - JAN 2 - 4 198b - 184 SOUTH WIP100SK1 AVENUE MANAGER'S OFFICE- P. 0. BOX 986 - . CITY SO. RURLINGTON BURLINGTON. VERMONT 05402-0986 RICHARD A. SPOKE5 1802) 862-6451 -DAMES 0. POLEI 6802) B61-2857 - STEVEN F. STlTLEL - oeanc N. P. STOKES SU5AU L. BOILE COUNSEL Mr. William Szymanski, City Manager City of South Burlington 575 Dorset Street So. Burlington, VT 05401 I I Re: Williston Road Condemnation Dear Bill: Please find enclosed the Report and council's Order with corrections. If Council wants anything else changed, please let me know. Once the City Council has signed these documents, the originals should be filed in the City Clerk's Office. Send me a copy of the signed Order and Report as 8oon.a~ possible and I will send them certified mail, return receipt requested to each property owner and to the State of Vermont. Once the State has received your Order, it will take care of paying the compensation to the land owners. No further work is required until the project is completed. At that point a "Certificate of Completion" must be prepared. This will entail a brief statement indicating that the alterations to Williston Road have been completed pursuant to the City's agreement with the State Agency of Transportation and the project plans related thereto. It must also state the Williston Road, as altered, has been opened for public use. This certificate is signed by City Council, sent to the land owners and recorded in the City Land Records. I If you have any questions, please do not hesitate to call. I Very truly yours, I /"' Susan L. BoyLe SLBlslt Enclosure SKH(ES. FOLEY & STI~EL ATTORNEYS I.T LAW STATE OF VERMONT CHITTENDEN COUNTY, SS. In re: WILLISTON ROAD CONDEMNATION, City of South Burlington City Council ORDER - The above matter came on for hearing before the City of South Burlington City Council on December 19, 1985, which hearing was continued and reconvened January 6, 1986. Upon consideration of the highway condemnation provisions contained in 19 V.S.A. Chapter 7, statements presented by State Department of Transportation personnel, and the evidence and statements presented by the property owners and their representatives, the Council herein sets forth its findings of fact, conclusions of law, and order: FINDINGS OF FACT 1. The project entails widening a portion of the highway in the City of South Burlington known as Williston Road. The highway affected is depicted on sheets 6, 7, and 8 of a plan entitled, "State of Vermont, Agency of Transportation, Proposed Improvement, City of South Burlington, County of Chittenden, US 2, Williston Road, R.O.W. Plans," which plan has project number M-EGC 5200 (7) and is dated October 15, 1984. 2. The City provided statutory notice of its December 19, 1985 hearing by sending certified mail, return receipt requested, written notice to each affected record property owner and mortgage holder of record at least 30 days prior to the hearing. Notice was also sent SPORES. FoLn & STIREL ATTORNEYS AT LAW .UIILIHETON. YaffHDWl to the City Planning Commission and was posted in the City of South ~urlingtor~lerk's Office. A copy of the Notice of Hearing was published in the Burlington Free Press on December 5, 1985. 3. At the December 19th hearing, the following property owners appeared: Chittenden Trust Company by Richard Fletcher. Sr. Vice President 89-2 Realty Company by Louis Hazel and Mark Oettinger, Esq. Evangeline S. DesLaurier by Ralph DesLaurier, Jr. Hospitality Inns, Inc. by Gary Farrell UVM was not present at the hearing, but sent a letter to City Council detailing their position. The following land owners were not represented at the hearing: Mobil Oil Corporation, Lessor Spillane Service Center, Lessee Texaco, Inc. Lessee of Property owned by Evangeline S. DesLaurier 4. Based upon testimony by Frank Evans, Survey Engineer for the State of Vermont, Agency of Transportation, we find the following: a. At present, the affected road is four lanes wide and is operating at a level of service below the acceptable level of service "C" as described by the Transportation Research Board in the Highway Capacity Manual, Special Report 209. b. This project will widen the road so that it will be six and and seven lanes wide as depicted on the above-referenced map. c. Proceeding west bound, there will be two through lanes, a right turn lane to serve East Avenue, DesLauriers and the Hospitality Inns, Inc. properties, and a left turn lane for access to the 89-2 Realty property, the Mobil Oil Corporation property and the Chittenden Bank. d. There will be two east bound lanes and another lane for right turns. e. There will be a common entrance to serve the 89-2, DesLaurier and Hospitality Inns, Inc. properties, which will be served by traffic light signals which are traffic actuated. I SPOKES. FOLIY I & STI~EL ATTORNEYS AT LAW f. The traffic light at the 89-2 Realty and Hospitality Inns, Inc. properties will also have a pedestrian-activated pedestrian signal. g. There will be sidewalks on both sides of the roads. Whereby, the Council finds that the above-described modifications to Williston Road are necessary to improve traffic circulation, and enhance traffic safety and pedestrian safety. 5. Michael Keller, a real estate appraiser, retained by the State of Vermont Agency of Transportation, offered the following values for the property being condemned3 a. University of Vermont, State Agriculture College $10,700.00 b. Chittenden Trust Company $32,700.00 c. Mobil Oil Corporation $16,900.00 d. 89-2 Realty Company $40,300.00 e. Evangeline S. DesLaurier $ 9,900.00 f. Hospitality Inns, Inc. $61,300.00 6. University of Vermont by letter dated December 19, 1985, offered to compromise for an amount of $12,237.50. 7. The Chiteenden Trust submitted an appraisal of $56,500.00 prepared by Frank E. Bredice. This appraisal differed from Mr. Keller's in two respects. First, the Chittenden felt that the utility of the land would decrease in that the land would be suitable for a smaller building after the taking. Second, access would be decreased by the loss of a curb cut. 8. 89-2 Realty Company through its attorney, Mark Oettinger, offered a compromise amount of $56,263.00 in damages. They submitted an appraisal by Richard 0. Callahan. However, Mr. Callahan was not available to testify at the hearing. 89-2 Realty is concerned that they will lose an estimated 27 parking spaces by the taking of this strip of land. 9. Hospitality Inns, Ine. was represented by Gary Farrell. Mr. Farrell stated that he accepted the amount of damages for his land. However, he felt that additional money should be expended to repair his property after the project, including amounts for landscaping and more significantly, an amount for extension of a wall which the State is removing. The current wall is constructed of marble. The State proposes to replace it with a concrete wall. Mr. Farrell would like the concrete wall to run the entire length of the property. 10. City Council inspected the subject properties on January 11, 1986 between the times of 1:00 and 2:15 PM. CONCLUSIONS OF LAW AND FINDINGS OF FACT 1. All statutory requirements concerning warning, notification, and conduct of the Williston Road Condemnation Hearing have been complied vith. 2. The public good, necessity, and convenience of the residents of the City of South Burlington requires that the road alterations proposed by the Department of Transportation in its Project No. M-EGC 5200 (7) be constructed. 3. The Council finds the following with respect to the arguments presented by the property owners: a. CBITTENDKA TRUST COMPANY. Council finds that the loss of a curb cut would not impact value of the Chittenden Trust Company property. Further, particularly taking into consideration the traffic overlay district, the local market is not sophisticated enough to take into account a varation in building size. SPOKES. FOLEI & ST~REL , ATTORNEYS AT LAW f.. 89-2 REALTY. The Council finds that the lanes in between existing parking spaces at the 89-2 property are wider than customarily used. By narrowing these lanes while maintaining sufficient traffic flow, approximately 18 parking spaces are added to what now exists. Further, Council finds that the appraisal submitted by 89-2 Realty relies on an income-based analysis, and that several figures used in the appraisal are unsubstantiated. c. FIOSPITALITY INNS, INC. The Council finds that the Hospitality Inns, Inc., is entitled to the replacement of its marble wall. However, the landowner has agreed to forego the replacement of the marble wall if the concrete wall is constructed so that it can be extended the entire length of the property. Thus, the Council finds that the cost of cure for the taking of the property of Hospitality Inns, Inc., will be $1,700.00 more than that determined by the State Appraiser. 4. The compensation as set forth on the attached schedule, reflects adequate payment to compensate the respective property owners in light oE the value for the most reasonable use of the property involved and the direct and proximate lessening in the value of the property retained by each property owner. ORDER WHEREFORE, it is hereby ordered, adjudged and decreed: 1. That the lands and rights described in the plans referred to in paragraph 4 below are hereby condemned pursuant to 19 V.S.A., Chapter 7. 2. That the property owners named on the attached schedule be compensated in the amount stated on that schedule. SPOKES. FOLEY & STITLEL ATTORNEYS AT LAW 3. That within two months of the date of this Order, the land owners named on the attached schedule shall remove any fences, timber, wood or trees, which they are requested to in connection with this project. After the expiration of the two months, the City will take possession of the land and rights, remove obstructions therefrom and lay the lands open for working and travel. 4. That the project plans prepared by the Agency of Transportation entitled, "State of Vermont, Agency of Transportation, Proposed Improve- ment, City of South Burlington, County of Chittenden, US 2, Williston Road, R.O.W. Plans" dated October 15, 1984 and to be recorded in the City of South Burlington Land Records shall constitute the premises survey required by 19 V.S.A. 5343. Dated at South Burlington, Vermont this 27 th day of Januarv 1986. City Council of South Burlington / LANDOWNER University of Vermont State Agricultural College Chittenden Trust Company Mobil Oil Corporation 89-2 Realty Company Evangeline S. DesLaurier Hospitality Inns, Inc. COMPENSATION $ 10,700.00 1 SWKEB. FOLEY Ek STITZEL ATTORNEYS AT LAW CITY OF SOUTH BURLINGTON CITY COUNCIL WILLISTON ROAD CONDEMNATION REPORT This report is prepared and approved by the City of South Burlington, City Council, pursuant to the requirements of 19 V.S.A. 1344. This report together with the minutes of Coucil hearings held December 19, 1985, and January 6, 1986, which minutes are incorporated herein and attached hereto, constitute the report of our doings concerning the alterations to Williston Road. NOTICE Statutory Notice was provided in the following manner: 1. A notice in the form appended hereto was sent certified mail, return receipt requested to the record property owners and the mortgage holders of record. 2. Notice was also posted in the City Clerk's Office and provided to the City Planning Commission. Notice of the Condemnation Hearing was published in the Burlington Free Press on December 5, 1985. NECESSITY During the course of the December 19th hearing, evidence was presen- ted by Frank Evans of the State Deptarment of Transportation regarding the necessity of alterations to Williston Road. Mr. Evans' comments included statements concerning traffic safety and circulation as well as pedestrian safety. No one present at the hearing contested the necessity of the project. I SPOKES. FOLLY & STI~EL A'ITORNEYS AT LAW UIRLIMCleH, YL"UO,,, COMPENSATION Michael Keller, a property appraiser retained by the State Agency of Transportation, at the January 6, 1986, hearing discussed the method by which the State determined its offers of compensation. At the January 6th hearing, several land owners submitted appraisals and had their appraisers available for questions. Comments were received at both hearing dates from the various property owners concerning the adequacy of compensation. DECISION By executing its Condemnation Order, the Council decided that the public good, necessity, and convenience of the inhabitants of the City of South Burlington requires alterations to the Williston Road. The Council determined amounts for the reasonable compensation in light of the properties1 reasonable use and the direct and proximate decrease in value caused by the land and rights condemned. REPORT, ORDER AND NOTICE This Report and companion Condemnation Order were approved by the City Council at a meeting convened on January 27, 1986 The City Council thereafter directed that this Report and the companion Order be filed with the South Burlington City Clerk. The Council further directed the City Manager to forward a copy of the companion Order to the property owners listed on the attached schedule. SPOKES. FOLBY Br STInEL ATTORNEYS AT LAW Dated at South Burlington, Vermont, this 27th day of , - 1986. City Council of South Burlington PUBLIC NOTICE CITY OF SOUTH BURLINGTON The City Council of the City of South Burlington hereby gives notice that a public hearing will be held on December 19, 1985 at 7r30 p.m. at the South Burlington City Hall, 575 Dorset Street, South Burlington. VemJnt, to determine whether the public good, necessity and convenience of the inhabitants of the City of South Burlington require the condemnation of certain parcels of land located along Williston Road as depicted on sheets 6, 7 and 8 of a plan entitled "State of Vermont, Agency of Transportation. proposed Improvement, City of South Burlin~ton. County of Chittenden, US 2, Williston Road. R.O.W. Plans" which plan has Project Number M-EGC 5200(7) and dated October 15. 1984, for purposes of increasing the width of Williston Road; and to consider any claims for damages by affected landownera. THE PLANS AND SPECIFICATIONS OF THE PROPOSED IMPROVEMENTS, INCLUDING A SURVEY OF THE AFFECTED PROPERTIES, ARE ON FILE FOR INSPECTION IN THE OFFICE OF THE CITY MANAGER, CITY HALL, 575 DORSET STBEET, SOUTH BURLINGTON, VERMONT. Dated this 15th day of November, 1985. crm OF SOUTH BURLINGTON. CITY COUNCIL ~'f~l'state Agricultural College Williston Road Affected Properties Mortgageea None Chittenden Trust Co. None Edith M. Fiake Nat applicable Mobile Oil Corp., Lessor None Spillane Service Centers. Lessee 89-2 Realty Co. Chittenden Trust Co. Evangeline S. DesLaurier, Hospitality Inns, Inc. Lessor Texaco, Inc., Lessee Hospitality Inns, Inc. The Merchants Bank, Dunfey Family Corp.