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HomeMy WebLinkAboutMinutes - City Council - 07/01/1991CITY COUNCIL 1 JULY 1991 The South Burlington City Council held a meeting on Monday, 1 July 1991, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: Michael Flaherty, Chairman; John Dinklage, James Condos, William Cimonetti, Robert Chittenden Also Present: Charles Hafter, City Manager; Joe Weith, City Planner; William Burgess, Terry Sheahan, Catherine Peacock, Mary-Barbara Maher, David Austin, Planning Commission; Steve Crowley, Natural Resources Committee; James Goddette, Fire Department; Sonny Audette, Street Dept; Brian Searles, Police Dept; Kenn & Alice Boyd, Tim & Tracy O'Reilly, Pat Irish, Jim Truax, Robert Fisher, Ed Richardson, George Holcomb, R. Posey, James Lamphere, Jan Emerson, K. Thompson, B. Griggs, Liz & Ed Champagne, Vince Bolduc, Nile Duppstadt, Laurie Brooks, Janet Delneo, Maurice & Jean Boisvert, Arthur Rideout, Doug Dapice, Michael Weissman, Caroline Stevens, Rob Jeffrey, Fred Tidall, Stewart McConaughy, Lucy Brown, Chris Cavin, Charles Scott, Paula & David Schneider, Brian & Holly Rood, Dave Maclaughlin, Peter Rowan, Susan Pritchard 1. Comments & Questions from the Audience (not related to Agenda Items): No issues were raised. Mr. Flaherty noted an erroneous report on Channel 3 regarding a fire at Spear St. and Deerfield Rd. He read a statement on the arrival of fire vehicles and noted there had been no problem with water pressure. Mr. Flaherty also noted there had been a second fire nearby and arson is suspected. Additional patrols have been scheduled for the neighborhood and information is being sought on both fires. 2. Continuation of Public Hearing on Comprehensive Plan; second reading: Mr. Flaherty outlined the options on passage and/or amending of the plan. He noted that any major changes would leave the city without a Comprehensive Plan. Mr. Dinklage added that the Planning Commission has responded to issues raised at the last meeting. Mr. Weith outlined the Commissions responses: a) O'Brien Land: the owners asked that the future land use map be changed to show more Industrial-Commercial and less Residential land along Old Farm Rd. The Commission walked the site and recommends a revision but not as much as the owners proposed. Boundaries of the zones would follow topographical lines. b) Posey property at Lake Buick: The Commission feels that a good network of streets is very important for the City Center area and recommends the roads remain as shown. With regard to the pedestrian trail, the Commission recommends putting it south of the waterway, as the owner requested. c) Boat Access: Owners of the Allenwood property have requested the proposed access be removed from the maps. The Commission recommends leaving it on the maps then conducting surveys to see if the use is feasible. The access is not currently on the official city map. e) Land use recommendations for the Southeast Quadrant: The Commission recommends a general growth area. Outside this area, the Commission recommends non-intensive uses. Mr. Weith noted there has been concern raised by some Council members on that type of growth pattern. The Commission believes growth should be encouraged toward the center of the city. f) letter from Nile Duppstadt: Mr. Duppstadt recommends a transitional zone between moderate density residential and very low rural residential. The Commission recommends against this as there has been very bad experience with transitional zones. Mr. Chittenden read a statement responding to Mr. Scott's suggestion that he step down during Comprehensive Plan discussions as he is a major landowner in the Southeast Quadrant. He said he didn't intend to step down and felt that different ideas and input "make the thing work." He added he is against drastic down-zoning and felt that his father's "retirement" was in the land and that the option to develop it should be there. Mr. Posey thanked the Commission for changing the recreation path to south of the stream. He noted that whole area could have been blacktopped, but he had left it open. He added that he backs the City Center concept 100% but is concerned as to what would happen to Lake Buick and the 25 people who work for him if the road is put where it is shown. Mr. Lamphere noted that the proposed road creates a subdivision on the Lake Buick land. He also noted the official map differs from the City Center plan. He said they would like to sit down and do some planning with the Planning Commission and asked the Council to make a commitment to do this. Mr. Flaherty felt this was a reasonable request. Mr. Dinklage added that Mr. Posey was very supportive of the City Center planning and felt this can be worked out with further discussion and needn't stand in the way of passage of the Comprehensive Plan. Mr. McConaught responded on behalf of Tom Farrell and the Allenwood property. He said they will do what they feel is appropriate, and if the plan is adopted they will appeal it. Mrs. Maher noted the Commission will make a site visit and asked for two or three months to study the question. Mr. McConaught said they feel the "cart shouldn't be before the horse" and this should have been done before. Mr. Duppstadt said he was very concerned with loss of equity in land due to down-zoning and will have to do something very drastic if this goes through. Mr. Dinklage complimented the Commission for a major piece of work. He noted there have been many drafts made available to the public and many public hearings. He added that very few concerns are being raised and there is a commitment on the part of the Commission to address these concerns. He supported the Plan as presented. Mr. Dinklage moved to adopt the Comprehensive Plan as presented. Mr. Condos seconded. Mr. Cimonetti said he is against the motion and is concerned about approving an incomplete plan. He said the Council is being asked to approve a Comprehensive Plan and then to have a Zoning Ordinance in conflict with the Plan with future revision of the Comprehensive Plan. Mr. Flaherty said he would vote in favor of the Plan. He noted that no decision is easy as there are good points on both sides. He said he viewed the Plan as a guide and didn't feel it was "hard and fast" but rather a direction to go in. The Zoning Ordinance will be specific, and he noted there is a statement in the Comprehensive Plan that it will be amended to coincide with the new Zoning Ordinance. He didn't want the City left without a plan for the time it takes to amend it. In the vote that followed, the motion passed 3-2 with Mr. Cimonetti and Mr. Chittenden voting against. 3. Presentation from Resource Systems Group on Impacts from opening O'Dell Parkway: Mr. Davis asked for this item to be put on the agenda for information purposes and is not asking for approval. Tom Adler noted they are completing a set of studies for the Davis Company and this issue is part of that study. He said he met with the City Planner and got data collected by the city in 1989 regarding traffic on Hadley, Meadow, Farrell and other nearby streets. It is clear from that data, Mr. Adler felt, that traffic is made up of three components: residential, commercial activity along Joy Dr. and Farrell St., and pass-through vehicles avoiding Shelburne Rd. Mr. Adler said they used a traffic simulation model that represents all the Chittenden County region and evaluated various traffic scenarios. He then showed graphs on the various scenarios. With the opening of O'Dell, there would be a reduction of traffic on residential streets, an increase on O'Dell and an increase on Hadley Rd. He suggested the possibility of one-way traffic on part of Farrell St. (southbound only) which would result in a reduction of traffic through the residential area and an increased use of O'Dell. They also evaluated the affect of adding additional commercial development on the south side of Farrell St. (mixed retail/commercial). With O'dell open and a southbound only section of Farrell St., there would be reductions through the residential areas. Mr. Adler said their recommendation is to open O'Dell Parkway and change a section of Farrell St. (from Hadley Rd. to Joy Drive) to one-way (southbound). Mr. Dinklage noted this would also address the problem of people exiting the entertainment facility and going north through the residential area. Mr. Condos asked about the accuracy of the model. Mr. Adler said that overall the models are reasonably indicative of what happens but are less reliable with regard to specific streets. Mr. Cimonetti asked if the land in question could support development without an access on O'Dell Parkway. Mr. Adler said from a traffic point of view there is some capacity in the street system. The concern is for a heavy loading on Farrell and onto Swift Streets. He felt there could be some development but there would be a greater impact to the residential areas. Mr. Adler didn't feel that opening O'Dell would affect cut-through traffic. Mr. Adler was asked which scenario has the least impact on the residential streets. He replied that closing Farrell Street altogether would have the least traffic impact. Ms. Pritchard said she felt the proposed plan would create a greater number of cars but would spread them out over the whole day (shoppers, people going to Bambino's, etc.) She noted the traffic problem in the neighborhood and asked why even one more car should be added. Mr. Boyd said he needed to be assured that the drop of 100 cars per hour with the changing of Farrell St. to southbound is to be believed. Mr. Adler said this type of model has been in use about 15 years and was used in major cities for large beltways. It was reasonable in forecasting those uses. It is now being used in smaller urban areas and has been reasonably reliable in forecasting impacts of new developments, new roads, etc. It is not so reliable with intersection questions. Mr. Boyd noted that if the model is wrong and there is an increase, it could be very serious for the residential area. Mr. Adler acknowledged that they are conditions that are known to residents of the neighborhood that the model doesn't take into account. Ms. Reed asked if the model takes into account that O'dell goes through a major shopping area and offers access to another shopping area. Also, to the northeast in Burlington, there is a large population that will find an easy way to get to that shopping area. Mr. Adler said the model does show the shopping areas. He added that the model attempts to find a minimum time route between residential and commercial areas. Ms. Reed asked how much the neighborhood will be used as a relief for pressures on Shelburne Rd. She felt things should get worse on Shelburne Rd. so that the Shelburne Rd. problems are addressed. Mr. Shiman felt the study was a good step but noted that it focused only on traffic from 3:30-5:30 pm. He said there is a lot of traffic on Saturdays when people are shopping. Ms. Delneo asked if O'dell will be just a drive through, a parking lot or a real road. Mr. David said O'dell is now a right of way shared by property owners. It is owned by Mr. Farrell. He felt the whole road should be cleared up as it is now hard for people to know where to go. Ms. Delneo said there are 140 pieces of residential property in the neighborhood and these people have a right to protection of children, home values, etc. Mr. Boyd noted the proposed solution parallels what the neighbors said over a year ago. He did feel that making Farrell one way south may increase the number of left turns up Proctor and Hadley and this is very difficult now. Mr. Boyd said there are philosophical questions being raised here. There are charming neighborhood streets that are being revitalized. He suggested a committee to involve the developers and residents as there are a lot of opinions to be considered. Mr. Rowen asked if the study takes into account the opening of the Southern Connector. Mr. Adler said it does not. Mr. Rowen then asked how many cars were projected for the commercial development. Mr. Adler said 300-400. Ms. Peacock noted that a year ago the Planning Commission was told there would be no difference in opening O'Dell or not opening it. She asked why the numbers are so different now. Mr. Weith said they used a larger regional model and there have also been refinements. Mr. Holcomb said the real issue is not only the number of cars going through the residential neighborhood but how they go through. He felt dead-ending Farrell would stop most of the problems. Mr. Fisher suggested forgetting the black-topping and just squaring the corner. 4. Public Hearing on Ordinance to Amend the South Burlington Motor Vehicle and Traffic Regulations specifically to set a 25 mph speed limit on residential streets in Meadowood at Spear, Summit at Spear, and Harbor Ridge Heights; second reading: Mr. Cimonetti moved to waive reading and to approve the Ordinance. Mr. Condos seconded. Motion passed unanimously. 5. Installation of lead green at Holiday Inn, Williston Rd./Dorset Street intersection: Mr. Flaherty noted that Craig Leiner of Regional Planning is against this. Messrs. Cimonetti and Condos still supported it as they felt there was a definite hazard. Mr. Dinklage noted he uses Holiday Inn as a jughandle to make a left turn. Mr. Dinklage moved to direct the City Manager to take steps to provide a 5 second lead green at Holiday Inn entrance and also to take steps to see if this can be included in the Dorset Street project. Mr. Condos seconded. Motion passed unanimously. 6. Proposed short-term intersection improvements for Shelburne Rd/Allen Rd. intersection and Shelburne Rd/Bartlett Bay Rd. intersection: Mr. Hafter noted a minor improvement at Shelburne Rd/Allen Rd, making a right turn only lane since people do this anyway. At Bartlett Bay Rd/Shelburne Rd., southbound traffic will be 2 lanes about 300 ft. past Bartlett Bay Rd., and the same in the other direction. Mr. Poger noted this is just moving the trouble. He added there are a lot of left turns there at 8 AM near the car dealerships. Mr. Audette felt there will also be cars facing into the merge place at a faster speed. Mr. Hafter said the improvements are supported by Regional Planning. Mr. Condos moved to support intersection improvements as outlined in the City Manager's memo of 27 June with a request to go back to the MPO for their comments. Mr. Dinklage seconded. Motion passed unanimously. 7. Request to reconvene Williston Rd. study committee to respond to the Agency of Transportation comments on Williston Rd: Mr. Hafter noted the state says a 7 lane road with additional turn lanes would be necessary. He said he couldn't imagine crossing four lanes to get out of McDonalds! He felt the Council has to look at traffic projections and see what the State is using. If they are correct, Mr. Hafter felt other alternatives would have to be looked at such as a median, service roads, and alternate means of transportation. Mr. Audette suggested the Committee sit down with the Agency. Mr. Cimonetti said he would like to see the I-89 Interchanges added to the discussion. He also felt the city's opinion should be given to the MPO since the Agency letter was written to them. 8. Resolution to Extend Interim Zoning; schedule Public Hearing: Mr. Weith said he would feel comfortable with the end of November. He noted there is a very preliminary draft to dis-cuss on 11 July. After that he hoped to have a better idea of where the Commission is. Mr. Cimonetti said he wasn't willing to pick a date until the Planning Commission picks a schedule to do it. Members agreed to 23 July for a Public Hearing. 9. Consider application of William & Jane Ready of 1680 Spear St., S. Burlington, Vt. for authority to construct a 14' x 21' family room and a 12' x 33' attached deck to an existing single family dwelling under interim zoning requirements: Mr. Flaherty noted the Zoning Administrator said that would be permitted were it not for interim zoning. Mr. Dinklage moved to approve the application of William & Jane Ready per the findings of fact. Mr. Chittenden seconded. Motion passed unanimously. 10. First reading of amendment to interim zoning ordinance to permit expansion of existing single family structure and accessory uses in the Interim Zoning area if they are in compliance with zoning requirements. Schedule Public Hearing: Mr. Dinklage moved to approve the first reading. Mr. Chittenden seconded. Motion passed unanimously. Members agreed to 23 July for the public hearing. 11. Donation of right of way between Farrell St. and Spear St., north of I-189, from State of Vermont: Mr. Dinklage moved to direct staff to continue to accept this for a bicycle path. Mr. Condos seconded. Motion passed unanimously. 12. Continued consideration of Tax Rate for special assessment sewer district, 1991-2: Mr. Hafter said they will collect 50% of the actual cost to do the two projects that have been completed. The rate is 27¢. This has to be set on all properties in the three areas, then the assessment for Country Club Estates can be waived. Mr. Condos asked if this is committing the city to a 27¢ rate for Country Club Estates. Mr. Stitzel said there will have to be a new vote for Country Club Estates. Mr. Dinklage moved to set the tax rate for the special assessment sewer district for fiscal year 1991­2 at 27¢ and further that this assessment be waived for those owners from Country Club Estates because sewer construction has not been done. Mr. Condos seconded. Motion passed unanimously. 13. Project Update: Mr. Audette said some asphalt will be put down in Wednesday morning. Mr. Hafter added that no contaminated soil was found. 14. Sign Disbursement Orders: Disbursement orders were signed. 15. Liquor Control Board: Mr. Chittenden moved the Council adjourn and reconvene as Liquor Control Board. Mr. Dinklage seconded. Motion passed unanimously Mr. Hafter presented a special event permit for Bambino's Bikini Contest, Tuesdays through Labor Day, 8-11 pm., and another special event permit from Bambino's for Mr. Bambino's, Wednesdays through Labor Day, 8-11 pm. Mr. Hafter said there have been no complaints. Mr. Cimonetti noted Bambino's is really packing them in and there is a lot of activity in the parking lot. He said he didn't see any patrol there. He noted the only power the city has is through the liquor license and felt the Council has to be strict and demanding. He was concerned about possible violations of the laws as this type of entertainment can create situations under which laws are broken. He added the facility is under out-of-town management. Mr. Hafter said the parking lot can be patrolled and if there is a problem, there can be an investigation of the liquor license. Mr. Dinklage moved to approve the two entertainment permits for Bambino's as presented. Mr. Chittenden seconded. Motion passed 4-1, Mr. Cimonetti voting against. Executive Session: Mr. Dinklage moved the Board adjourn and reconvene as City Council in executive session to discuss Dorset St. litigation and to resume regular session only to adjourn. Mr. Condos seconded. Motion passed unanimously. Regular Session: The Council resumed regular session. Mr. Cimonetti moved adjournment. Mr. Condos seconded. The motion passed unanimously. The Council adjourned at 11:00 PM. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.