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HomeMy WebLinkAboutMinutes - City Council - 04/16/1990CITY COUNCIL 16 APRIL 1990 The South Burlington City Council held a meeting on Monday, 16 April 1990, at 7:30 p.m, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Joe Weith, City Planner; Albert Audette, Street Dept; Stephen Stitzel, City Attorney; Margaret Picard, City Clerk/Treasurer; Sid Poger, The Other Paper; Robert Fisher, Tyler Hart, Carl Cobb, Mr. & Mrs. Dubois 1. Comments & questions from the public not related to agenda items No issues were raised. 2. Public Hearing: Revision to Final Plat application for Butler Farms residential subdivision relating to establishment of a second access Mr. Hart said they are asking for approval for a connector street to Butler Farms from Oak Creek Village. The original approval had 2 accesses to Hinesburg Road, but Act 250 has not allowed the second Hinesburg Rd. access because it falls on prime ag soils. In order to build more than 50 units, they needs 2 accesses. Mr. Farrar asked how the road will be built on Oak Creek's side. Mr. Hart said they have approval to build a temporary gravel access on the Oak Creek side. This will be brought to city standards when Oak Creek builds its 50th unit. The Butler Farms side will be built to city standards by the end of this construction season. Mr. Hart also said they need approval for 7 building lots to be built right away since building permits were issued before the second access was denied by Act 250, and then the owners were told they couldn't build. Mr. Cimonetti asked the status of the second Hinesburg Rd. access. Mr. Hart said they are still working to get approval for another 60 lots. When they get that approval they will build the second Hinesburg Rd. access. They are in the process of working on an offsite mitigation process by which Dubois would contribute to a conservation fund in exchange for the ability to develop the piece now set aside for agriculture purposes and the second Hinesburg Rd. access. Mr. Condos asked if there are plans for a sidewalk on Adirondack St. Mr. Hart said the plan calls for a sidewalk on the Oak Creek side, not on the Butler Farms side. Mr. Weith felt it would make sense to continue the sidewalk on the Butler Farms side. Mr. Cimonetti asked when the Oak Creek side gets built. Mr. Hart said that would be when Merv Brown sells 50 lots on that side. Mr. Dinklage asked about plowing of the Oak Creek Side. Mr. Dubois said he has agreed to plow that side until it's brought to city specs. Mr. Cimonetti felt that what was needed was an agreement to say exactly when the full road will be built. Mr. Farrar suggested approving the 7 lots then setting a one or 2 year time limit for building the full street and letting both developers decide how to get that done. Mr. Cimonetti didn't feel this met the stipulation of the 2 accesses to Hinesburg Rd. Mr. Hart said the original stipulations by the Planning Commission didn't require two accesses to Hinesburg Rd. only that there be 2 accesses. Mr. Cimonetti moved to deny the request to revise the Final Plat for Butler Farms until the Council sees a plan that shows a city street built to city standards in a time certain. Mr. Condos seconded. Mr. Dinklage felt he could go along with the additional 7 units but not more than that until there is a second access to Hinesburg Rd. on a city standard St. Mr. Hart noted that Mr. Dubois started the project in 1985 and pursued it in good faith through Act 250. Mr. Dinklage said that isn't quite true. The developer chose this option and did not pursue satisfying agriculture lands stipulations of the state. He suggested the applicant might build a road on the Oak Creek side and have Merv Brown reimburse him when he sells his 51st lot. Mr. Dinklage also felt there could be a road built this construction season. In the vote that followed, the motion passed unanimously. Mr. Dinklage then moved to continue the item for two weeks. Mr. Condos seconded. Motion passed unanimously. 3. Consideration of Engineering and Traffic Surveys for additional City Streets; schedule public hearing date Mr. Cimonetti said he would like to get further engineering data on Old Farm Road and suggested less than a 35 mph speed limit be considered there. He also wanted additional data on the two Spear St. locations to be appended and to recommend maintaining the current 35 mph limits instead of raising them to 40 mph. Mr. Audette noted the Council can set the speed limit as it chooses. Mr. Cimonetti said they would need to have on file a technical study to support speed limits and felt they shouldn't have to wait any longer for this data. He requested a legal opinion to determine whether what is on file is valid so that speed limits can be enforced. Mr. Stitzel said there is no precedent as to what an engineering study should contain. He suggested having vehicle counts and other specific site information (e.g. heavy pedestrian and/or bike use, prior accident history, nearby children, etc) that relates to safety appended by the City Council to other relevant data. Mr. Cimonetti felt it was incumbent on city employees to have information that meets the requirements on all streets with speed limits. He felt it requires more than a count of how many people were speeding on a given day. Mr. Stitzel said if you have set speedlimits at the 85th percentile on the basis of traffic counts and existing speeds, you have a valid engineering study. If you are varying from the 85th percentile and you have said a safe speed is below standard, then you need site specific information to support that speed limit. Mr. Cimonetti said he wanted an official of the city to describe circumstances (by 7 May) on streets where speeds are set below the 85th percentile. Mr. Stitzel said he felt the city had satisfied the demands of the state in providing a basis for a rational speed limit. Mr. Farrar suggested separating out those streets where there are concerns and setting a public hearing on the others. Mr. Cimonetti said he would like to vote on speed limits for the other streets and have the City Manager find information to support these limits. Mr. Cimonetti then moved the speed limit on the following streets be set at 25 mph: Imperial Drive, Worth St., Green Dolphin Dr., Sebring Rd., Andrews Avenue, Sandlewood Rd., Scotsdale Rd., Old Farm Road, Yandow Dr., Deborah Dr., Laurel Hill Dr., Tanglewood Dr., Oak Hill Dr., Cranwell Dr., Black Lantern Dr., and on Spear Street from the Jughandle to Quarry Hill. He further moved the speed limit be set at 35 mph on Van Sicklen Rd. Cheese Factory Rd., Allen Rd., Swift St.; he further moved that the speed limit on Kimball Avenue be set at 40 mph He further moved that the City Manager be directed to provide before 7 May technical substantiation for speed limits set in consultation with the City Attorney and that a public hearing be set for 7 May 1990. Mr. Dinklage seconded. Motion passed unanimously. 4. Approval of lease agreement of property at 400 Dorset to South Burlington School System Mr. Flaherty moved the Council approve the lease agreement of property at 400 Dorset Street to the S. Burlington School System. Mr. Condos seconded. Motion passed unanimously. 5. Acceptance for bid for Overlook Park, authorization for manager to sign contract Mr. Farrar noted the total contract price is $173,910. Mr. Flaherty moved to authorize the City Manager to sign the contract with R.J. Colton the low bidder on the Overlook Park project. Mr. Condos seconded. Motion passed unanimously. 6. Consideration of recommendation to increase tipping fees at the South Burlington Landfill to comply with provisions of 10VSA Section 6605. Mr. Cimonetti said he felt the fees are too high and a 100% increase was unwarranted. Mr. Farrar said there is a threat that if the money isn't raised they will have to close the landfill a year earlier. Mr. Hafter noted S. Burlington fees are substantially under Burlington's. Mr. Flaherty felt if S. Burlington was the low one in the area, they would get other people's trash. Mr. Audette said they already do. He noted fees for individuals who use the landfill have not been raised. Mr. Condos said he felt they should do everything possible to get the mandates turned around at the state level. Mr. Dinklage suggested going back and picking a minimum rate structure that would meet the requirements in 2 years. Mr. Cimonetti felt there are a lot of ways to meet the money figure, not only by raising fees. He said bonds could be sold as of the closing date. Mr. Hafter said the state will accept only a bond made today. Mr. Cimonetti felt it could also be done from the operating budget. He insisted that to raise all the money on a questionable target doesn't make sense. Mr. Farrar felt there should be a minimum plan for closure and to plan for that. Mr. Dinklage asked for the lowest fee structure that would support $975,000. 7. Minutes of 2 April and the 5 April Budget Hearing Mr. Flaherty moved the Minutes of 2 April and 5 April be approved as written. Mr. Dinklage seconded. Motion passed unanimously. 8. Zoning and Planning Agendas Mr. Flaherty said he felt the Council should tell the Zoning Board that the addition to the elderly housing units on Hinesburg is a desirable end. Mr. Dinklage moved to send the following statement to the Zoning Board: Studies have shown that municipal regulations can be a large factor in driving up the cost of housing. The City Council wants to encourage building affordable housing in S. Burlington. If adequate controls can be imposed on this proposed project to assure that indeed affordable housing is built and that it reasonably affordable, and if the proposed plans are deemed to be consistant with preserving the existing neighborhood, then the City Council encourages the Zoning Board to be supportive of the relief sought by the applicant. Mr. Flaherty seconded. Motion passed unanimously. 9. Sign Disbursement Orders Disbursement orders were signed. 10. Liquor Control Board Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter presented the following liquor license renewals which have been approved by all parties concerned: 7 South Quick Stop, Airport Grocery, Bonanza Family Restaurant, Brick Over Restaurant, China Lite, Club New England, Colonial Deli Mart, Cork and Board, Cork and Board (2), D S Variety, Doland's Variety Store, Garfield's Tavern, Gaynes Beverage, Grancey's, Grand Union Stores (Seaway Shopping Center and Hinesburg Rd), Ground Round, Holiday Inn, Howard Johnson's, Interstate Texaco, K & K Beverage, Lums, Martins (Dorset St., Shelburne Rd), Net Result, Olympiad Health Center, P & C, Pauline's Peck's Mini Mart, Pizza Hut, Price Chopper, Quarry Hill Club, Ramada Inn, Redwood Best Western, Rotisserie, Shelburne Rd. Gult, Sheraton, Short Stop (977 and 1830 Shelburne Rd), Silver Palace, Spillane's (Shelburne Rd. only), U-Save Beverage, Wesson's Family Restaurant, What's Your Beef II, Windjammer Restaurant, Zachary's Pizza House. Mr. Flaherty moved the Board sign the liquor license renewals as presented by the City Manager. Mr. Condos seconded. Motion passed unanimously. Executive Session Mr. Flaherty moved the Board adjourn and reconvene as City Council in Executive Session to discuss Dorset St. contract negotiations with the cable company and also Green Mountain Power and Ibis litigation and to resume regular session only to adjourn. Mr. Condos seconded. Motion passed unanimously. Adjournment The Council returned to Regular Session. Mr. Condos moved adjournment, Mr. Cimonetti seconded. The meeting adjourned at 12:15 AM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.