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HomeMy WebLinkAboutMinutes - City Council - 09/05/1978CITY COUNCIL SEPTEMBER 5, 1978 ADDITION It should be noted that Mr. Paulsen felt the lights at the Dorset Street- Williston Road intersection were not in the proper sequence and that he wanted to have some discussion about it. The South Burlington City Council held a meeting on Monday, September 5, 1978 at 7:30 p.m. in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, Martin Paulsen, Ken Jarvis, William Burgess Others Present William Szymanski, City Manager; Richard Ward, Zoning Administrator; Ray Lawrence, Robert Roesler, Howard Seaver, Donald O'Brien, R. Tarrant, Ralph Schell, Robert Dussich, Marge Dussich, Vernon Kehoe, Laura St. George, Martha Wilson, Louise and Richard Pedrick, Steve Kershner, Sandy Kleppinger, Robert Smith, Peter Kyriou, James Lamphere, Peter Collins, Kay Neubert Mr. Farrar announced that the meeting with the Planning Commission would not take place tonight because they had felt they needed more time with the City Council than the Council felt it could give them and still adjourn at a reasonable time. Item 6 was moved to item 1. Act on Interim Zoning District application of Trachte Metal Building Company - Shelburne Road Mr. Robert Roesler stated that he was the attorney representing National Life and he requested that the Council postpone further deliberation because the City Attorney is not in town and the appellents feel they need to consult with him. Since it was the request of the applicant to delay consideration, the statutory 45 days within which a decision must be made does not apply. Mr. Paulsen moved to delay the decision on Trachte Metal Building Company until the next meeting. The motion was seconded by Mr. Flaherty and passed with all in favor. Minutes of August 28, 1978 On page 1 at the bottom, it should read that it is the developer's obligation to obtain a certificate of compliance for the City Engineer, not from him. Mr. Paulsen moved to accept the minutes of August 28, 1978 as corrected. The motion was seconded by Mr. Burgess and passed unanimously. Disbursement orders There were no disbursement orders to sign at this meeting. Review Zoning Board and Planning Commission agendas Appeal #2 was discussed and it was determined that the location should read northwest, not northeast, so it appears that that appeal is improperly warned. Second reading of amendments to City Sign Ordinance Mr. Farrar read the proposed amendments. Mr. Paulsen moved to approve the second reading of the amendments to the city Sign Ordinance. The motion was seconded by Mr. Jarvis. There was no discussion and no questions were asked by the audience or the members. The motion passed 5-0. Public hearing on Conditional Use applications within the Interim Zoning District. Burlington Data Processing - Kennedy Drive - Mr. O'Brien represented the owners of the business. He said that the business was concerned with data processing for medical services. They have found a triangular lot on the south side of Kennedy Drive on which they wish to build. The frontage of the lot on Kennedy Drive is 647.57', the left line is 371.56' and the right line is 515' - The parcel contains about 2.4 acres of land. The building will be 1 story tall. The setbacks will conform to the requirements of the Zoning Regulations. Parking and percentage of lot coverage will be within the regulations. Mr. O'Brien said that the parking spaces would be 10' x 9' but upon questioning said that he would check into that and send a memo to the Council on the correct size of each parking space. The area is heavily wooded and this will be retained. The parking lot will be shielded from the street and additional landscaping will be put in. The business employs 28 people and in a recently conducted traffic count it was determined that there would be 31-38 cars coming onto the lot per day. The hours of operation would be 8:15 to 5:00 and there are a minimal number of customers coming to the business. The closest point the building comes to a property line is 15' on the right line. In response to a question, Mr. O'Brien said that they did not want to hook to the water and sewer lines for two reasons. One is the fact that they are not sure where those lines are now and how much it would cost to hook up and the other is that the findings of fact in the Interim Zoning document indicate concern with the utility situation. They offered to go on-site as an alternative because they thought the community was concerned about its sewer lines. Mr. Richard Pedrick said that he spoke for the Georgetown homeowners association and he presented the Council with a petition asking that this application be denied. He read the petition. Mr. Vernon Kehoe supported keeping the area residential in use, as it is zoned. He also asked what kind of a sign would be used and was told that they had not thought about that since the business did not need recognition. 90% of their business is with out-of-staters who do not come to the building. Mr. Farrar asked why the lot could not be developed according to the zoning. Mr. O'Brien replied that the topography was not good for that use and he added that he felt this was a discretionary act on the part of the Council as to whether the application would be granted. Mr. Paulsen requested more information on the on site water and sewer option. He felt they should connect to the municipal lines and asked for reasons they could not do so. He asked the applicants to show such connections on the plans. Mr. Burgess moved to close the public hearing on Burlington Data Processing. The motion was seconded by Mr. Flaherty and passed with all in favor. Restaurant parking lot expansion at 1633 Williston Road - Mr. Peter Collins spoke to the appeal. He said that he represented Ed and Bob Smith who own a number of restaurants in the Burlington area. His clients have an agreement with the present owners of the Roostertail Restaurant to buy the business and to lease the building which will be remodeled and upgraded. There will be no structural changes to the outside other than cosmetic ones and a new entrance - the dimensions will remain the same. Mr. Collins said the owners could live with one curb cut or two. Mr. Collins stated that the biggest change would be that of the present uses of the buildings on the lot. Right now there are 5 buildings and 4 uses on the lot and the Smiths would remove the motel and the office/apartment complex entirely. The rear part of the land would remain as it is and the Smiths might buy the front part of the land. The seating capacity of the present restaurant is 256-258 and that number would be reduced to 250. The present parking capacity is 64 and that would be increased to 74 in the front with additional parking area in the back. The Council was presented with a copy of a traffic study done by Traffic Engineer Bruce Houghton which indicated that the proposed plan would have no adverse impact on the city, according to Mr. Collins. Mr. Collins indicated that the peak restaurant hour did not coincide with the peak traffic on Williston Road. Estimated turn over time for the restaurant is 1 hour. Mr. Collins also pointed out that this was not a new proposal - there is an existing restaurant there now. Mr. Farrar asked for an estimate of the difference in the number of cars between what is there now and the new proposal and was told Mr. Houghton had not provided that. He said that the figures in the report were keyed to the optimum use of the land and the number of cars the Smiths hope to see in the restaurant. Mr. Farrar asked if it was fair to say that there would be fewer people in the restaurant but that they would stay there longer and was told that would be right. The presentation by Mr. Collins and his clients asserted that the actual traffic volumes during peak hours would be decreasing. It was determined that there would be one entrance only and one exit only lane whether there were two curb cuts or just 1. Mr. Flaherty moved that the Council close the hearing on the restaurant parking lot expansion at 1633 Williston Road. The motion was seconded by Mr. Jarvis and passed 5-0. Consider petition for no parking along east side or Spear Street Mr. Farrar said that the city had received a petition asking that parking be banned on the east side of Spear Street. No one was present to speak for or against the petition. The current ordinance allows for parking on only one side of that street. Mr. Szymanski said that the concern of the residents seemed to be when there were University events; that is when the problem occurs. Mr. Farrar asked Mr. Szymanski to find out how many people living on the street did not sign the petition and to get Police Chief Carter's opinion on the change. Mr. Paulsen asked how many residents lived on the street and asked if they would accept a limit of no parking after a certain time of day. Review Planning Commission request for amendments to the Sewer Ordinance Mr. Jarvis moved to schedule the amendments to the Sewer Ordinance for a first reading on September 18. The motion was seconded by Mr. Flaherty. Some concern was expressed over Section 1 of the proposed amendments and it was suggested that the City Attorney he contacted regarding the language of that section. Mr. Burgess wanted to know what would happen if the city ran out of sewer capacity and what would happen if it did and the voters then turned down a bond issue for more capacity. Mr. Farrar said that if there were still questions at the first reading, section 1 could be separated from the document at that time and discussed by itself. The motion passed unanimously. Resign a misplaced note for purchase of a Xerox machine Mr. Szymanski said the note came in July and was for $4,000 at the Chittenden Trust Company at 4.4%. He also noted that the interest rate on a note signed a few weeks ago which did not state the interest rate had been 4.6%. Mr. Flaherty moved to sign the note. The motion was seconded by Mr. Burgess and passed with all in favor. Executive Session to discuss pending litigation Mr. Paulsen moved to adjourn and meet in Executive Session for the purpose of discussing pending litigation and to adjourn after the meeting without taking action. Mr. Flaherty seconded the motion, which passed with all in favor. The meeting was adjourned at 9:10 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.