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HomeMy WebLinkAboutMinutes - City Council - 10/16/1978CITY COUNCIL OCTOBER 16, 1978 The South Burlington City Council held a meeting on Monday, October 16, 1978 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, Martin Paulsen, William Burgess, Kenneth Jarvis Others Present William Szymanski, City Manager; Richard Ward, Zoning Administrator; Tony and Douglas Cairns, Stanley Roberts, Fred Solomon, Dick Gracey, Ron Schmucker, Gino Tookineo, Robert Babcock, Wesley Daum Jr., Fernand LaJeunesse, Sterling Emerson, Sandy Hershenson, Warren Young, George Alling, Lowell Krassner, Fran Brock, Free Press Addition to agenda An item was added to consider, as the Liquor Control Board, an application for a liquor license. Minutes of October 2, 1978 It was moved by Mr. Flaherty and seconded by Mr. Paulsen to accept the minutes of October 2, 1978. The motion passed with all voting aye. Disbursement orders The Council members signed disbursement orders. Pending Interim Zoning Applications Apartment - Dance Studio on Dorset Street - Mr. Szymanski told the Council that Mr. Hurley had withdrawn the request for the dance studio and was planning to have all the units be apartments. Click here for request copy Mr. Burgess moved to deny the application of Gordon Hurley on the grounds that the applicant has withdrawn the application. The motion passed unanimously. Convenience stores - 811 Williston Road and 1116 Shelburne Road - Mr. Farrar asked whether the testimony had been that the gas stations would continue to operate as such with only the office areas being converted and was told that was correct. Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Terry Spillane for conversion of the office areas at 811 Williston Road and 1116 Shelburne Road into convenience stores, according to the proposal of record, based on the following findings and subject to the following stipulations: Findings The proposed use is consistent with the health, safety and welfare of the City of South Burlington and standards 2, 3 and 4 of Section 5 of the Interim Zoning Regulations. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant that the proposed use will have no adverse impact on the City, that traffic should not increase, and that most of the Williston Road traffic should be mainly walk-in customers with existing customers being the major portion of the intended business. Stipulations And additional signs will be erected in conformance with the City Sign Regulations. Only that area proposed by the applicant (156 square feet at Williston Road and 192 square feet at Shelburne Road) shall be used as retail and/or storage area for the retail use. Any future alterations or expansion will require review by the City. This approval is limited to the use proposal and shall expire six months from this date (for commencement of this use). Mr. Paulsen seconded the motion and it passed unanimously. Public hearings on Conditional Use applications within the Interim Zoning District Warren Young - Mobile Food Service with full service gas station, 1830 Shelburne Road - Mr. Young said he wanted to operate a 35' bus as a mobile food stand at 1830 Shelburne Road. The vehicle is licensed, he said, and can travel. His equipment is all new and he has invested $11,000 in the bus. Mr. Young did not think the traffic situation would be irritated in any way by this use since many of the people who pull into the gas station are also looking for a place to eat. Right now he has about 350 cars per day coming into the station. Mr. Young said he would operate the bus from May 1 to October 1 and from 11:30 am to the hour the station closes (10:00 to 11:00 in the summer months). He did not think he would keep the bus working past 10:00 pm. He felt the bus might lessen traffic in the area by keeping people from searching for another place to eat. He did not plan to erect a sign but would place one on the bus ­ a 4' x 1½' moveable menu sign. He might also have a sign saying FRESH FRENCH FRIES. Mr. Flaherty asked about the winter months and was told that in the future the bus would be taken to warmer climates and used there during that time. Mr. Young said he had lots of room for parking. Mr. Sandy Hershenson said he owned the restaurant next door and that they had no objection to this proposal and would like to support it. Mr. Ward did not see any problem. Mr. Burgess moved to close the hearing and Mr. Flaherty seconded the motion, which passed unanimously. Champlain Oil Company - convenience store and gas station at 1241 Williston Road - Mr. Doug Cairns said that they wanted to lease the abandoned Shell station which had been closed since July. It was a 3 bay station and they would like to convert those bays to a convenience store of about 2,010 square feet. The store would need a lot of interior modification but when the conversion was complete, Mr. Cairns felt it would look very nice and be an asset to the area. He said they would carry convenience items and canned goods and would be a "fill-in" business, similar to a mom and pop store. Mr. Cairna felt that they would do less business than Shell had because Shell had been a national company with greater acceptance, so he did not think the traffic situation would change all that much because of the renovation. He said they had tried to get the opinion of a traffic consultant on the traffic impact but had been told that the only one available worked for the city and could not work for them. Mr. Cairns said that based on information from a smaller station with a convenience store in the office area, the number of people who do not buy gas but only food is very low - about 1 in 30. He also expected most people going into the store would be travelling east on Williston Road so they would not have to make a left turn in. He did not think they would do as much business as 8,000+ cars per month and said that they had converted one station like this and that the traffic volume had stayed pretty much the same. Mr. Burgess asked how many cars per day they expected to get after the conversion but Mr. Cairns was unable to tell him that. He felt that based on his experience the number of cars that would come after the renovation would not be greater than the number that came when it was owned by its previous owner, and Mr. Cairns felt it might be less than that. Mr. Ron Schmucker represented 4 Williston Road merchants and said that they felt there would be more traffic than Mr. Cairns had indicated and that they suggested that a traffic consultant be asked to study the proposal. Mr. Farrar said that since the person most qualified to do a traffic study for the applicant was employed by the city, it would be best to have the city hire him to do a traffic study and the applicant could reimburse the city for that cost. Mr. Cairns agreed to that. Mr. Burgess moved to continue the public hearing on the Interim Zoning application for Champlain Oil Company for a convenience store and gas station at 1241 Williston Road pending completion of a study by the city's traffic consultant of which the applicant will agree to reimburse the city the out-of-pocket costs of the study. Mr. Flaherty seconded the motion. Mr. Paulsen did not like that idea, feeling that a person could not serve two masters at one time. The motion passed with Mr. Paulsen voting no. Fernand LaJeunesse - Mobile food service, insulating and siding business, 21 McIntosh Avenue - Mr. LaJeunesse said that his letter to the Council regarding the proposed use said all he wanted to say (see copy). It was determined that the warning in the paper had not been correct so the Council could not legally hear the appeal. Mr. Farrar said it could be warned so they could hear it at the next meeting. Informal review of a PUD in the Southeast Quadrant Mr. Farrar felt that the Planning Commission should proceed and hear this application and pass on it before the Council took it up. He saw no reason to discuss it tonight and suggested that the city staff continue to work on it. Executive session to discuss a parcel of land at Williston Road and White St. Mr. Paulsen moved to adjourn the City Council meeting and convene in Executive Session for the purpose of discussing the purchase of a piece of land and that they then reconvene for further business. Mr. Burgess seconded the motion and all were in favor. Later, Mr. Paulsen moved to adjourn the Executive Session and reconvene the City Council meeting. Mr. Flaherty seconded the motion and it passed unanimously. Charter amendments Sign resolution for public hearing - Mr. Farrar read the resolution (see copy). Mr. Paulsen moved to sign the resolution. The motion was seconded by Mr. Flaherty and passed with all in favor. Sign public hearing notice Mr. Flaherty moved to dispense with the full reading of the resolution for a notice of public hearing. Mr. Burgess seconded the motion and it passed with all in favor. Mr. Flaherty then moved to sign the notice for a public hearing. Mr. Burgess seconded the motion and it passed unanimously. Consider including in the December 12, 1978 Special Meeting a bond issue for purchase of a parcel of land at White Street and Williston Road intersection Mr. Flaherty moved to table this item until the next meeting pending a conference from the City Attorney. Mr. Paulsen seconded the motion and all were in favor. Continue review of Regional Council Articles of Association and Resolution Mr. Flaherty moved to empower the Chairman of the City Council to represent the city of South Burlington at the Chittenden Regional Council. Mr. Jarvis seconded the motion and it passed with all members voting aye. The Council discussed several areas in the Articles that they would like changes made to and Mr. Paulsen asked to see the drafts of the new Articles as they were finished so that the Council could review and comment on them. First reading of amendments to the city Sewer Ordinance Mr. Paulsen recommended to the Council that it adopt the Vermont Health Regulations Chapter 5, Sanitary Engineering Subchapter 10, Part II. The Council agreed this should be done, and Mr. Farrar asked that an item to do so be put on a Council agenda. Mr. Paulsen moved that the proposed Ordinance to Amend the Sewer Regulation be divided into Section 1 and Section 2 as it now appears and voted on as separate items. Mr. Burgess seconded the motion, which passed unanimously. Mr. Flaherty moved to approve Section 1 Article III of the Ordinance to Amend the Sewer Regulation Ordinance of the City of South Burlington. Mr. Jarvis seconded the motion. The motion failed 3-2 with Messrs. Farrar and Flaherty voting yes. Mr. Paulsen then moved to approve Section 2 and to renumber Section 2 as Section 1 and Section 3 as Section 2 and to warn the ordinance for a second reading. Mr. Flaherty seconded the motion and all were in favor. Mr. Burgess wanted to exclude single family dwellings from the ordinance but include large business uses and multi-family uses. Mr. Paulsen asked that the staff begin to work on the administrative section necessary to adopt the Health Regulations mentioned above. Consider requests for No Parking on Spear Street and Brewer Parkway Mr. Szymanski said that the residents of Spear Street had felt that a ban on parking from 7-10 pm would be a good idea. This would apply only to the east side of the road - the west already has No Parking signs up. On Brewer Parkway the problem is that cars going to the bank on the corner tend to park in the street at the beginning of the road. He said that the Police Chief recommended that the signs be put in place in the curbed area of that street. Mr. Jarvis moved that a resolution be drafted for No Parking on the east side of Spear Street from 7-10 p.m. and No Parking on Brewer Parkway from Shelburne Road east to the island on both sides of the road. Mr. Burgess seconded the motion and it passed with all the members voting aye. Consider a request to extend the city sewer line to serve two homes and a business off White Street. Mr. Szymanski said he had had a request to sewer two homes and a small drug store off White Street. It would cost $3-4,000 and he said he would like to wait and see if he had any money left over from other projects before he did this. Mr. Paulsen moved to table the item. Mr. Burgess seconded the motion and all were in favor. Appointments to vacancies on Boards and Commissions Mr. Flaherty moved to appoint Charles LaPlant and Paul Hurley to the Fire Department Advisory Board. Mr. Burgess seconded the motion and it passed unanimously. Sign Resolutions of Commendation for William Wessel, David Morency and Frederick Fayette. Jr. Mr. Flaherty moved to sign the resolutions for William Wessel, David Morency and Frederick Fayette, Jr. The motion was seconded by Mr. Paulsen and passed with all in favor. Review Planning Commission and Zoning Board agendas Mr. Paulsen asked that Mr. Szymanski advise the Commission of the direction the Council intended to take regarding the Vermont Health Regulations. Executive Session to discuss the Highway Union contract Mr. Flaherty moved to go into Executive Session to discuss the Highway Union contract and to then reconvene as the Liquor Control Board and take no further City Council action. The motion was seconded by Mr. Burgess and passed unanimously. Mr. Flaherty later moved to come out of Executive Session. Mr. Burgess seconded the motion, and it passed unanimously. Liquor Control Board Mr. Szymanski said that Terry Spillane had applied for second class liquor licenses for his two convenience stores in his gas stations and that the Police Chief had not had any objections to that. Mr. Flaherty moved to sign the liquor licenses for Spillanes. The motion was seconded by Mr. Jarvis and passed unanimously. The meeting was adjourned at 10:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.