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HomeMy WebLinkAboutMinutes - City Council - 12/04/1978CITY COUNCIL DECEMBER 4, 1978 The South Burlington City Council held a meeting on Monday, December 4, 1978 at 7:30 p.m. in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, Kenneth Jarvis Members Absent William Burgess, Martin Paulsen Others Present William Szymanski, City Manager; Andy Potter, WJOY; John Bergin, George Brooks Additions to agenda The following additions were made to the agenda: 1. sign short term notes 2. sign highway financial report K. Jarvis said that he would like to talk about the adoption of the on-site sewage disposal regulations, but not at this meeting. W. Szymanski said the City Attorney was working on that for the city. Minutes of November 20, 1978 M. Flaherty moved to accept the November 20, 1978 minutes and K. Jarvis seconded the motion, which passed unanimously. Disbursement orders Disbursement orders were signed. Authorize M. Flaherty to sign request for increase in the Airport Parkway Treatment Plant Upgrade planning grant K. Jarvis moved to authorize M. Flaherty to sign the planning grant. M. Flaherty seconded the motion, which passed 3-0. Report of City Manager on survey for dead-ending Shunpike Road W. Szymanski noted that he had asked for responses to his questionnaire to be in by November 21 and had received a total of 6 responses for dead-ending and 9 against. Of those who wanted the road closed, 4 wanted it done at Kimball Avenue, 1 at Williston Road, and 1 had no preference. M. Flaherty said that if the majority of residents did not want the road closed and the Fire Chief did not like the idea either, they should leave it as it was. W. Szymanski read comments the residents had written on the questionnaires. Several people felt traffic had not increased on the road. P. Farrar asked W. Szymanski to look into the possibility of putting up signs saying "no through traffic" on that road. K. Jarvis indicated that he had had a verbal response to the question from a resident who had not sent in the form. This resident was against closing. Review City Charter Committee's meeting schedule The Council had no comments on the schedule. Continue hearing on Interim Zoning Application Thomas Farrell Distribution Center, northerly side of Holmes Road P. Farrar asked W. Szymanski if the city had received a letter from the State Highway Department on this request and was told they had not. W. Szymanski said they did have a copy of the original letter sent to the city, though (see attached copy). P. Farrar noted that at the meeting last week of the Southern Connector Committee the traffic consultant for the Highway Department was asked if the location of this warehouse as outlined was in the path of the proposed Southern Connector and he said it was. He indicated that the proposed location of the building even with the relocation of the road which W. Szymanski proposed, would still in his opinion be in the path of the right of way necessary for rerouting. W. Szymanski added that it would make the impact on the parking lot of Holmes Trucking more severe. K. Jarvis asked if any of the chemical operations of Farrell might be moved to this warehouse now or in the future. He moved to instruct the City Manager to ask for an answer to that question in writing from the applicant, to be made part of the record. He also moved to close the hearing. M. Flaherty seconded the motion, which passed with all in favor. Act on pending Interim Zoning Application Champlain Oil Co., convenience store and gas station P. Farrar asked if either member wanted to read the motion for this application which had been prepared by city staff. K. Jarvis noted that the minutes of the last hearing indicated that the applicant had changed some information on the application after the hearing had been closed. P. Farrar felt the Council could not act on that information, since the hearing had been closed and added that if the use were denied, the applicant could reapply based on new information. M. Flaherty moved that the South Burlington City Council deny the conditional use application of Champlain Oil Company, Mr. Tony Cairns, agent, for conversion of an existing gasoline service station into a convenience store, at 1241 Williston Road, as depicted on the plan and evidence of record, based on the following findings: 1. The proposed use would be detrimental to the public good, in that there is a need to maintain the existing use. 2. The proposed use would have an adverse traffic impact. There is a potential for a 35% increase in traffic. 3. The proposed use (full line convenience store) could generate as much as 300 V.P.D. of which a greater percent would be during peak hours. 4. The increase in turning movements will cause traffic congestion in an area which is presently at its maximum capacity. K. Jarvis seconded the motion but was uncomfortable with #1. He also said that he realized that the future intention of the owner as far as what the store would carry was not part of the public hearing, but said that the city's traffic consultant had said there would not be an adverse impact, so these findings would not be in line with that testimony. P. Farrar felt the consultant's statement had been based on the statement by the owner of the station before the traffic survey was done that traffic would be no greater than 10% more than it was with the Shell station use. During the hearing it was deduced that the increase could be as much as 35% more. M. Flaherty added that the traffic consultant had said that if the increase reached 50% more, it would be a traffic hazard and he felt the margin for error was too low if the station expected 35% increase and they were wrong. K. Jarvis moved to strike #1 from the proposed motion and renumber the other findings. The words "or more" should also be added to the new #1 after the 35% figure. M. Flaherty seconded the motion and it passed unanimously. The motion of denial as amended passed 3-0. Accept resignation of Mrs. Olivia Brown from the Fine Arts Committee K. Jarvis moved to accept Mrs. Brown's resignation and to have the City Manager draft a letter of thanks for her. He should also advertise for a replacement. M. Flaherty seconded the motion and it passed 3-0. Review Planning Commission and Zoning Board agendas P. Farrar noted that the Planning Commission wished to have a joint meeting with the Council tomorrow night but said that two members would not be able to attend that meeting. He felt another date should be found so that a full or near full board could be present. He asked W. Szymanski to notify Planner S. Page that the Council would not attend that meeting. K. Jarvis suggested meeting at 6:30 on December 18, a regular Council meeting date, and giving the Commission an hour. They could also meet at 7:00 that date and start the Council meeting at 8:00. P. Farrar said that would be all right if it was convenient for the Commission. Review proposed Park Ordinance and consider document for first reading Mr. Bruce O'Neill, Recreation Director for the city, told the Council of problems they have been having in the parks with vandalism. He said the police could not do anything about it because of the way the ordinances are drawn, so he sat down and wrote up a draft of the things he would like to see. He went through this with a representative of the Police Department and got their endorsement of it. It then went to the City Attorney, who did a lot of work on it. He said that if the Council passed it, he would post signs on park land. B. O'Neill said he would like to have it cover the schools also and P. Farrar felt it could if it were worded that way. He asked B. O'Neill to take it to the schools and get their comments on it. The Council did have some comments on the draft. These were that Section 2E should have wording added that "fireworks can only be used with a permit", that the words "or wild" should be removed from Section 7A and that the word "town" be changed to "city" where it occurs. P. Farrar said that when B. O'Neill brought the draft back, the first reading could be held at that time, which would save time. The Council agreed by common consent to have the first reading when the draft came back. Sign short term notes W. Szymanski said these notes were for a 6 month period and were due December 1. On June 1 the city will make partial payment but this is just interest they are paying now. W. Szymanski said the notes were as follows: $50,000 for the sewer cleaning machine, $22,000 for a highway department truck, $2,350 for a Red Rocks park development note, $3,300 for a welfare note, $4,700 for the transit authority, $20,000 for Red Rocks development, $4,000 for the Xerox machine, $22,000 for phase IV sewer construction, $80,000 for sewer, construction, $45,000 on phase V sewers, $14,000 on a front end loader, and $15,000 for a landfill machine. M. Flaherty moved to sign the notes as presented by the City Manager. K. Jarvis seconded the motion and it passed unanimously. Sign highway financial report W. Szymanski said that the city had to submit a report to the Agency of Transportation on expenditures for class 1, 2 and 3 roads. M. Flaherty moved to sign the report. K. Jarvis seconded the motion and all voted aye. Meet as Liquor Control Board to consider liquor license for the 1355 Pub K. Jarvis moved to adjourn as the City Council and meet as the Liquor Control Board. M. Flaherty seconded the motion and all were in favor. W. Szymanski said the 1355 Pub had been checked by the Fire and Police Departments, who found no problems. He said they wanted a first class license. M. Flaherty moved to sign the liquor license of the 1355 Pub on the recommendation of the Police and Fire Chiefs. K. Jarvis seconded that motion and it passed unanimously. The meeting was adjourned at 8:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.