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HomeMy WebLinkAboutMinutes - City Council - 09/15/1997CITY COUNCIL 15 SEPTEMBER 1997 The South Burlington City Council held a regular meeting on Monday, 15 September 1997, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, Terry Sheahan, Joan Britt, David Austin. Also Present: Peg Strait, Assistant City Manager; Albert Audette, Highway Dept; Margaret Picard, City Clerk/Treasurer; Frank Mazur, State Representative; Roger Farley, The Other Paper; Ben & Peg Haynes, Barbara Lozen, Tim Barritt, Brian & Rinald Precourt, Kathleen O'Keefe, Robin Lynch, George Holcomb. Edward Richardson, Robert Fisher, Tom & Ellen O'Connor, Richard Watts, Bill & Mary Jane Stanley, Steve Knight, Tim Dunham, Al & Rita Reyes, Ed Fischer, Paulita Crocker, James Howley, Judy Bowers, Dennis Beauregard, Ralph Robbins, Randy Chicoine, Steve Luchini, Peg & Joe Zagurski, Bernice & Ed Bayer, Arline Peterson, Jean Bisby, Ruth Binch, Pat & Al Thimm, Diane Bugbee, Cora Kramer, Amanda Koligrath, Margaret Briand, Jane Campbell, Carol Cincotta, Mary Alaclough, Willard Nalchajian, Phyllis Bryden, Ann Eaton, Scott Harrington, Janet Joppe, Frank Paris, Dave Schneider, Ronald Giroux, Debby Prucell, Polly Croker, Kevin Platt, Bill Stanley, Stella Bednoe, M. Gleason. 1. Comments & Questions from the Audience (not related to Agenda items): a. Mr. Precourt said that he owns the property at 4050 Williston Rd., at the corner of Palmer Court. He has noticed a lot of close calls at the intersection and asked about the possibility of a traffic light. He said other business owners are also concerned. He added that he had spoken to people at the State who told him that the process has to begin with the city. Mr. Cimonetti explained the warrants that are needed for traffic lights. The city will have the MPO do traffic counts to determine whether warrants are met. If they are, the Council will have to deal with cost impacts. b. Mr. Paris, a resident of Duchess Ave., said he lives across from where the pedestrian path is. He said the path was supposed to be used by children going to school, but there is now a lot of traffic there, including motorcycles and an occasional car. He said it is a very serious problem. Mr. Paris also asked about the possibility of health hazards from Johns Mansville transite pipe used in the Orchard Section. He noted it was a problem in Rutland, and he would like the city to see if a similar problem exists here. Mr. Cimonetti said that is a good question for the Water Department. The city will look into this. c. Mr. Nalchajian said this has been the worst year for smells from the sewer plant in Bartlett Bay. Mr. Cimonetti indicated the city is aware of the problem. d. Ms. Lynch of Brigham Road said the sewer drains in front of her home are higher than the road which results in water freezing over and creating a dangerous situation in the winter. In addition, the sidewalk has sunk creating a bump that people trip over. She was concerned about accidents when winter comes. Mr. Audette said there is a water problem coming in from the railroad. The plan is to put in underdrains later this fall. The sidewalk work is planned between now and November. 2. Announcements and City Manager's Report: Mr. Cimonetti noted that the City Manager is attending the Council of City Managers this week. Mr. Sheahan advised that there is a Regional Planning Commission meeting on 22 September at 7:30 p.m. Ms. Britt announced the Grand Opening of the new Orchard School Playground on 26 September. Mr. Condos advised that there will be a Solid Waste District meeting on 19 September, at 5:00 p.m., to determine where sludge will go. Ms. Strait reported the following: a. A letter was received from the Safety Officer of the school regarding the sidewalk on McIntosh Ave. b. Chief O'Neill said the Fire Dept. open house was a huge success, with even better attendance than last year. c. The entire Police Dept. is in training on Community Policing this week. Sessions are being tailored to South Burlington and are funded by a federal block grant. d) The Legislative Committee responsible for overseeing Act 60 has been meeting every Tuesday. Ms. Strait is attending to keep up to date on what the city will need to do. Act 60 concerns will be discussed at the Steering Committee meeting on 2 October. Mr. Audette reported that the light for Swift/Dorset has been ordered and should be in by 10 December. Mr. Audette also noted there will be a delay in resurfacing Shelburne Rd. until 25 September. Work will probably be done in two shifts, and they may work through the night. The work won't take long if there is good weather. Work from Home Avenue north is now complete. 3. Discussion of Sidewalk Projects on McIntosh & Meadow Road: Mr. Cimonetti reviewed the history of requests for a sidewalk on Meadow Road and for no sidewalk on McIntosh. He read the letter received from the School Safety Officer, Marilyn Frederick, recommending a sidewalk on McIntosh for safety reasons. The following comments were then received from members of the audience: Steve Knight: parent of two school children. The family likes the flavor of the community which is like a park. He said traffic is usually well behaved. The proposed sidewalk will result in the loss of lots of trees. It would not go to the Orchard School but would be perpendicular to the school. He felt a sidewalk from the school to Baldwin Ave. would make much more sense and added that the city should try to maintain the uniqueness of the Orchard area. James Howley: parent of two children. He agreed with Mr. Knight. He said very few children use the lower portion of McIntosh. They use Jonathan or the pedestrian path to go to the school. Ben Haynes: resident on McIntosh for 41 years. He said he has never seen a hazard there. Vehicles tend to go faster when there is a sidewalk, he felt, because they feel it's safer. Scott Harrington: Duchess Ave. resident. His only concern was not the sidewalk but with expansion of car dealerships so that people are trying out cars in the neighborhood. Frank Paris: A sidewalk would disfigure the neighborhood. Cora Kramer: There is no need for a sidewalk on McIntosh. It would cut up the character of the neighborhood. She asked why it is being considered. Mr. Cimonetti explained the capital construction program and the general thought that it is safer for pedestrians if there are sidewalks. He added that if there is no issue of safety, making it "safer" is a question. Mr. Cimonetti also explained that the city right-of-way is wider than the roadway, and the sidewalk would be built on city-owned property. In the McIntosh neighborhood, what the city owns has been people's lawns for many years. He added that the city plan shows sidewalk for all streets eventually. Mr. Audette added that 25 years ago, there was a request from the schools to build sidewalks where children walk to school. McIntosh has been on the schedule for 10 years. Next year, the plan is to have Duchess and Newton tie in as well. A resident suggested that maybe the premise that every neighborhood should have a sidewalk should be re-examined. He felt that sidewalks can ruin a neighborhood aesthetically. Ronald Giroux: He noted that next year McIntosh is to be repaved. He asked if it will be widened and have curbs put in. Mr. Audette said it will just be resurfaced. Debby Prucell: She asked if there is no McIntosh sidewalk, will the others not go in. Mr. Cimonetti said not necessarily. Dave Schneider: Meadow Rd. resident. He was concerned with heavy traffic on the street. There are a lot of walkers, bikers, etc., and noted high rates of speed. Ralph Robbins: resident of Greening Ave. He felt sidewalks are needed on Tanglewood and Laurel Hill Drive for safety reasons. Tim Barritt: resident of Meadow Rd. He said the street has become a by-pass. There is enormous traffic, 2300 cars a day. He particularly cited Rice High School traffic. He noted that the proposed sidewalk will result in the loss of his hedge and asked if it could go on the other side. Mr. Cimonetti said it can't because of utility problems. Mr. Barritt also asked the cost to do all of Meadow Rd. with curbs, etc. Mr. Cimonetti said it would cost much, much more. Mr. Barritt asked the city to do something about the traffic problem in the area. There are more and more traffic generators being built. The neckdowns help a bit, but not much. The situation is harming the quality of life in the neighborhood. Mr. Sheahan noted the Planning Commission really struggled with this. He felt the key is O'Dell Parkway, and until something happens there, the problem will continue. Mr. Condos then moved that the city remove McIntosh from the sidewalk addition and add Meadow Road to the 1997-8 sidewalk construction plan. Mr. Sheahan seconded. Motion passed unanimously. Ms. Britt said she would like to see a review of that whole area. Mr. Austin agreed. He added that it may also be appropriate for the Council to consider circumstances under which new developments may not have sidewalks or curbs. 4. Consideration of Council identification of preferred site for location of passenger rail station: Mr. Cimonetti reviewed the history of the passenger rail issue. He said the city got a petition with 1000 signatures opposing the rail project. There were many meetings, and the Council took the position that it did not support the project largely because of its questionable value. There were also questions of noise from the sounding of horns at crossings. The project has, nevertheless, gone forward and received federal funding. With regard to the noise issue, Mr. Cimonetti said the state entered into agreements with South Burlington and Shelburne to declare the entire railroad route a "quiet zone." This means there would be no warning signals at crossings. The state has said it will not start service without this quiet zone. The issue now is the siting of a rail station in South Burlington. The city took the position it should be within the Southlands development (Hanaford's off Shelburne Rd.). South Burlington may be a destination point rather than an origin site, and the city tried to pick a place with a destination benefit. They felt it would be good to get into Southlands before the development was built out. The state says that site is not good because of plans for the area, and they looked further south toward the L&M project. The city said no to this. The state is now recommending the northeast corner of the intersection of Bartlett Bay Road and the railroad, near the Magic Hat. Mr. Newman of Magic Hat says he would dedicate a number of parking spaces in the paved area for the station. The city would not allow a new curb cut, and cars would have to use the Magic Hat cut. Because of the design of Magic Hat, there would have to be a paved area all around the building. Mr. Newman has agreed to this. The state said that in order for any planning to be done, the city has to come back to them with a recommendation. The state will then have consultants see if they can design a station where the city wants it. Any location in South Burlington would also have to have Planning Commission approval. If Magic Hat is used, there would have to be an amendment to their site plan. The city recently got the latest service plan draft which calls for 10 trains a day in each direction. The first S. Burlington stop would be at 6:15 a.m. and the last at 8:27 p.m. If the quiet zone is approved, it would apply to all train traffic in the area including freight trains and the Sugar Bush Express. The train would be a one-car, self-propelled vehicle. The proposed Bartlett Bay crossing would have 2 gates on either side and barriers with flashing lights. The city has been told there will be no bells or whistles. The stations would have open platforms with an area protected from the wind. The city would like to see a roof as well, and they have told the state to consider restrooms. Stations would be handicapped accessible. The state is on a schedule to start service in October, 1998. Mr. Zagursky asked what was found to be wrong with the Southlands site. He also asked what would happen to the quiet zone if South Burlington didn't want a station at all. Mr. Cimonetti replied that the quiet zone is independent of the station. If there is no quiet zone, there is no train. He then read from a letter from the state on the Southland site. They felt it was not feasible based on information from the developer. The only place it might work is either the southwest corner of Southland or the northwest corner of L&M. Other areas were ruled out because of topography or wetlands. The property owner was concerned with proximity of the station parking infringing on retail parking spaces and also with the limit on trip ends placed on Hanaford's by the Planning Commission. They felt that train traffic might be counted in the development's trip ends and thus reduce the potential for development. Topography is a real concern there and stairs would be required as well as ramps, etc. This would be very expensive. Ms. Bowers questioned whether a train would have to blow its whistle when it leaves a station, even in the quiet zone. Mr. Cimonetti said the city has asked this question but has not yet gotten a reply. Ms. Bowers asked if there would be a ticket booth. Mr. Cimonetti said there is no provision for a ticket booth on the platform. Ms. Bowers was concerned with people "standing around" in a residential area and felt Southlands was a better choice. Mr. Mazur said the growth center concept is very important in the state. Hanaford is a growth center and also a potential transportation hub. He urged the city to continue the growth center concept. Mr. Cimonetti explained that the commuter service is planned for a 3-year period to relieve congestion during the next Shelburne Road project (south from Imperial Drive to Shelburne). The Magic Hat owner is only willing to commit for 3 years with an option to continue. Mr. Nalchajian said Bartlett Bay residents don't support the Magic Hat site because of increased traffic in the area. People would have to be brought to the station and from it in order to use the train, and he felt this doesn't make sense. Another member of the audience noted that Magic Hat is in the construction area and felt it was ridiculous to have people come to the construction area in order to avoid the construction area. Mr. Cimonetti agreed this was a valid point. Ms. Thimm said that Bartlett Bay Rd. is not adequate for added traffic. She added that the entrance to Magic Hat is very steep. She also wanted assurance that the quiet zone would be enforced. Mr. Platt asked whether South Burlington would have to pay for a station if it were built later. Mr. Cimonetti didn't know. He noted there would be no local share on any work done in the three year demo period. Mr. Standley felt it was foolish to build a station in an area that is not a destination point. He was also concerned that there would be a cab stand, pizza place, etc. springing up near the station. Mr. Watts, responding for the "On Track" publication, said there would be a shuttle bus to service the area businesses. He also noted he has walked the sites to see why some would be easier to build on than others. Mr. Sheahan felt the change from Southlands was ill-advised and moved that the city retain its position on siting the railroad station at Southlands. Ms. Britt seconded. Mr. Watts felt the city should hear directly from the consultant on the Southlands issue. Mr. Cimonetti said that the city asked for three months to have the state people meet with them on the site. Their position was handed to Mr. Cimonetti as he entered a meeting last week. He stressed how difficult it is to get information from the state. Mr. Austin moved to table the issue until 6 October. Mr. Condos seconded. Motion passed unanimously. 5. Public Hearing on amendment to Ordinance on Care and Control of Dogs to require the licensing of cats; second reading: Mr. Cimonetti said the amendment sets the fee for cat licensing and also penalties for violation. Mr. Austin moved to waive reading of the ordinance. Mr. Condos seconded. Motion passed unanimously. Mr. Cimonetti read a letter received from Dennis Johnson strongly supporting the amendment and citing the risk of rabies. A member of the audience also noted the urgency of this type of legislation. Ms. Picard suggested having the amendment take effect on 1 January, the same as dog licenses. This would allow time to order tags. She noted some citizens said they would be willing to bring in rabies vaccination proof but opposed tags. Mr. Austin then moved to close the public hearing, approve the amendment with the one minor change to have it take effect on 1 January 1998. Mr. Sheahan seconded. Motion passed unanimously. 6. Consideration of request from Thomas O'Connor, 1402 Hinesburg Road for easement on city property to install sanitary sewer line: Mr. Cimonetti said the proposal is acceptable to the City Engineer and the Natural Resources Committee has no issues with it. Mr. O'Connor explained that they get a lot of ground water. They cannot enlarge the leachfield, and this is the only solution. Ms. Strait noted that the City Engineer asked her to advise the Council that neighbors on either side have the same problem. Mr. Austin suggested the city reserve the right to move the line, if necessary, at its own expense. Mr. Austin moved to approve the granting of the easement subject to drafting by the City Attorney. Mr. Condos seconded. Motion passed uanimously. 7. Public Hearing on amendment to Motor Vehicle Ordinance to Establish a No Parking Zone on the South Side of White Street and No Parking Zones on the North Side of White Street from Airport Drive west 350 feet, from Airport Parkway east 250 ft. and from Airport Parkway west 390 feet; second reading: Mr. Audette showed the location on the plan and noted this would be a safer plan than what currently exists. Mr. Condos moved to waive the reading of the Ordinance, close the public hearing and approve the amendment as presented. Ms. Britt seconded. Motion passed unanimously. 8. City Manager request to table the public hearing on adopting ordinance re: street naming and addressing until supporting data available: Mr. Condos moved to table the public hearing on street naming as requested. Mr. Austin seconded. Motion passed unanimously. 9. Consideration of acceptance of Fayette Rd., Nowland Farm Rd., Pinnacle Dr., and Olivia Dr: Mr. Audette said all streets are completed. Mr. Condos moved to accept Fayette Rd., Nowland Farm Rd., Pinnacle Dr., and Olivia Dr. as recommended by Mr. Audette. Mr. Austin seconded. Motion passed unanimously. 10. Information on Steering Committee set for 10/2/97: Mr. Cimonetti said he had advised the School Board of the Council's decision to join the Coalition of Municipalities and also to hold more Steering Committee meetings. At the 10/2 meeting, Ms. Strait will report on her attendance at "Oversight Committee" meetings, a representative from the Coalition will report, the Stowe School Board Chair will speak on action taken by Stowe to date, and 3 city Representatives and Senators will be invited to speak for 5 minutes to explain their votes. The meeting will be covered by Channel 17. 11. Review Planning Commission Agenda: No issues were raised. 12. Review Zoning Notice for Public Hearing on 9/22/97: Mr. Austin noted that in appeal #2 the appellant is asking for a variance to exceed coverage and to move a building closer to a sideline. He recommended reconsidering zoning the neighborhood rather than having "zoning by variance." He felt the Planning Commission should go into those neighborhoods and assess the situation. Ms. Strait will take this request to the City Planner. 13. Review Minutes of 2 September 1997: Ms. Britt moved to approve the Minutes of 2 September as written. Mr. Sheahan seconded. Motion passed 4-0 with Mr. Austin abstaining. 14. Sign Disbursement Orders: Disbursement Orders were signed. As there was no further business to come before the Council, the meeting was adjourned at 11:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.