Loading...
HomeMy WebLinkAboutMinutes - City Council - 02/05/1979CITY COUNCIL FEBRUARY 5, 1979 The South Burlington City Council held a meeting on Monday, February 5, 1979 at 7:30 p.m. in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Kenneth Jarvis, William Burgess, Michael Flaherty, Martin Paulsen Others Present William Szymanski, City Manager; G. Dana Alling, Bret Powell, C. A. Cairns, Bruce Righi, John Mitchell, Frank McCarthy, Albert Audette, Robert Walsh, Ronald Schmucker, Kay Neubert, Karin Larson, Tammy Pittman, Free Press Agenda Additions The following items were added to the agenda: 11. Progress report on on-site subsurface sewage disposal regulations. 12. List of connections to Airport Parkway sewage treatment plant. 13. Discussion of Williston Road traffic light situation. 14. Meet as Liquor Control Board to discuss a license. 15. Discussion of changes to the Urban Systems map. Minutes of January 22, 1979 Mr. Paulsen moved to approve the January 22, 1979 minutes and Mr. Flaherty seconded the motion, which passed with all in favor. Disbursement orders Disbursement orders were signed. Interview applicants for Fine Arts and Natural Resources Committees Mr. Szymanski said that neither applicant for the Fine Arts Committee could be present tonight for an interview - one taught on Monday nights and the other was in Florida. Mr. Robert Walsh was interviewed for a position on the Natural Resources Committee. He said he recently retired from the Marine Corps and that he wanted to become involved in community affairs. He noted that he had seen places where natural resources had been destroyed and he was very interested in retaining the natural beauty of the world around him. He stated that he had the time necessary to serve on the board. The Council decided to consider one applicant for the Fine Arts Committee based on her resume and to interview the other when she returned from Florida. Mr. Szymanski noted that both had been highly recommended for the job. Make appointments to the Fine Arts and Natural Resources Committees Mr. Flaherty moved to appoint Mr. Robert Walsh to the Natural Resources Committee. Mr. Jarvis seconded the motion, which passed unanimously. Act on pending Interim Zoning Applications Greers, 8 Dorset Street, operate heating subcontracting business from existing structure Mr. Flaherty moved that the South Burlington City Council approve the conditional use application of Earl B. Greer, 8 Dorset Street allowing for the operating of a heating subcontracting, in conjunction with the existing sporting goods-laundromat business, 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 standard 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 presented by the applicant, that there shall not be more than four vehicles involved with the proposed use. Stipulations 1. Any additional signs shall be erected in conformance with the city sign regulations. 2. The proposed use (air conditioning subcontractor) is the only use permitted, prohibiting any retail sales. 3. That upon termination of the proposed use, that portion of the building involved will revert back to warehousing. Mr. Jarvis seconded the motion. Mr. Burgess asked what the cause of the Planning Commission's strong opposition to this use was and was told that they appeared not to like the after-the-fact approval and would have preferred that the use be removed from the building before the Council heard the appeal. Mr. Farrar pointed out that the hearing had been closed so it would have been improper for the Council to receive testimony from the Commission on its feelings. The motion passed 5-0. Meunier, 10 Patchen Road, convert lower level of existing structure to office use Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of James Meunier, 10 Patchen Road allowing for the conversion of the first floor of an existing structure into business offices, according to the proposal of record, based on the following findings and subject to the following stipulation: 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 Interm Zoning regulations. The proposed use is consistent with standards 1 and 5 based on the evidence presented by the applicant, that he proposed professional uses which would not be considered high traffic generators. Stipulations 1. That the City Council have the right to review the tenants who would be occupying the building in question. 2. This approval is limited to the uses proposed and shall expire six months from this date (for commencement of this use). Mr. Paulsen seconded the motion. Mr. Jarvis then moved to amend the motion to add the following sentence after the first stipulation: "The City Council shall be notified in writing of the proposed use of each tenant 30 days prior to the occupancy of the building." Mr. Flaherty seconded the motion and it passed 5-0. The motion as amended passed unanimously. Hurley, 595 Dorset Street, construct medical and dental clinic Mr. Burgess moved that the South Burlington City Council approve the conditional use application of R. Gordon Hurley, 595 Dorset Street allowing for construction of a medical and dental clinic, 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 area was also zoned for the proposed use under the 1974 regulations. The proposed use is consistent with standards 1 and 5 based on the evidence presented by the applicant that traffic generated by the proposed use should be less than the residential use which has been granted approval by the Planning Commission. Stipulations 1. That there be no more than seven offices within the entire complex. 2. This approval is limited to the use proposed and shall expire six months from this date (for commencement of this use). Mr. Faulsen seconded the motion and all were in favor. Public hearing on conditional use application within the Interim Zoning District for C.A. Cairns, Champlain Oil Co. to operate a convenience store and gasoline station, at 1241 Williston Road Mr. Cairns said that they had applied for permission for this use in November and had been denied at that time because, as he read from a letter from Richard Ward, Zoning Administrator, the Council had found that the use would have an adverse traffic impact. Mr. Cairns felt that was not the case. He took issue with some points made in the November 20, 1978 minutes which dealt with the appeal. On page 3 in the second paragraph of this appeal the minutes say that the gas pump activity of the new station would be the same as that of the old one but Mr. Cairns said Mr. Houghton had told him recently that he would have no way to know that for a fact. He went on to say that he had tried to have Mr. Houghton present at this meeting but that he would not come because he was under a retainer from the city. He will, though, discuss it with the city if they ask him to. Mr. Cairns also noted that the old Shell station was doing a lot of purely service work where people did not buy gas and he felt that number should be subtracted out of the figure the city is using for increase in traffic due to the store. Mr. Cairns said some confusion arose at the last appeal because the appellants had told the city they would be running a full-line convenience store and had then decided that would not be the case. They told this to the Council after the hearing had been closed, so that information was not considered in the decision. Mr. Cairns said that the person who would run the business would speak tonight. Mr. Bruce Righi showed the Council a plan of the building and said he would be carrying such items as soda, beer, wine, dairy products and the Burlington Free Press. He would not sell magazines, fresh fruit, frozen food, fresh meat or vegetables. He said his shelving area would be 20' x 42'. There would be a small storage area and all deliveries would come in the back. He said it would be a little larger area than Twitchell's, which is on Shelburne Road, but said that it would be a one-man operation as it is planned now. Mr. Farrar asked the applicants to submit a list of the items they would be selling. Mr. Cairns said that Bruce Houghton had talked about a figure of 35% of the people who stopped in a facility such as this one would buy food but no gas. He said that Bruce Righi, who operates a similar station on Riverside Avenue now, considers that figure to be high, just from his 4 1/2 years of experience. Mr. Jarvis asked whether this new proposal was more similar in type to the Riverside Avenue and Essex Junction facilities studied by Bruce Houghton in his initial report than the previous proposal was and was told that was correct. Mr. Farrar suggested that the record of the previous hearing on Champlain Oil Co. be made part of this hearing. The Council had no objections to that and the applicant said he would be happy to do so if he could correct some information in the minutes of the meeting. He noted that the conclusion of Bruce Houghton's report had been that traffic impact of this use would be negligible and that Mr. Houghton had said he had no way of knowing whether the gas pump activity of the new station would be the same as that of the old. He went on to say that the old Shell station had pumped a million gallons of gas per year and gave the Council a handout on gallonage (see attached copy). In 1977 Shell sold 997,000 gallons of gas at an average of 12 gallons per car for an average of 231 cars per day coming into the station. All this new Citgo station will be given to sell will be 424,000 gallons per year, which would make 98 cars per day, or a 57% decrease in the traffic between the old Shell and thenew Citgo. It is possible for them to get more gas to sell, Mr. Cairns said, but it is difficult or expensive to do that as things stand now. He said the 424,000 gallon figure was pretty firm for the forseeable future. Mr. Cairns went on to say that based on November and December figures, that station would be selling 360,000 gallons per year for a decrease of 65% from what the Shell station sold. He felt they would be lucky to sell 424,000 gallons per year as the situation was now, and said that even if 35% of the cars coming into the station were there only for food (and he did not necessarily feel that was a correct figure), they would still be far short of the traffic that used to be there and that did not even take into consideration the loss of the cars that were coming into Shell for service where none will be doing that now. Mr. Cairns also said that there was a difference in sales between a nationally known brand such as Shell and a lesser-known brand such as Citgo. Mr. Farrar asked that the gallonage figures for December 1977 and January 1978 be furnished to the Council, and that they be given a description of the proposed business - he wanted the number of square feet of shelves and the type of store it would be. Mr. Cairns said they were not asking for an addition to the present building now but that the drawing showed where they would put one if they needed it later. Mr. Ron Schmucker hoped that an accurate picture of the proposed use would be given to Council and wondered if there would be enough room for parking on the lot. He expressed concern about the traffic pattern on the lot. Mr. Bret Powell said he represented Champlain Oil and felt circulation would not be a problem because people would not be parking on the lot for long periods of time. Mr. Paulsen moved to continue the hearing on the conditional use application of Champlain Oil Co. for a convenience store and gas station until the next regular meeting after the Council receives the information requested from the applicant. Mr. Burgess seconded the motion and it passed unanimously. The next regular meeting will be February 26. Continue discussion on low cost housing - resolution for intermunicipal cooperation The Council decided to hold off on a discussion of this item until it could meet with the Planning Commission and they asked Mr. Szymanski to put them on the February 13 Commission agenda if that was convenient for the Commission. Discussion on snow plowing policy Mr. Szymanski said that any street that is to become city property is plowed by the city once the base course is on because it is best to wait about a year before the final layer is put on and the city asks developers to do so. This allows curbs to be changed and other adjustments to be made more easily that they could be once the final layer is on. Right now the only private streets the city plows are Dawn Court, Bartlett Bay Road, and a portion of Birch Court, for a total of 2000', said Mr. Szymanski. On Bartlett Bay Road the street is public part of the way down and the plow has to go the rest of the way anyway in order to be able to turn around. Mr. Szymanski said that he had a letter saying that the city had an insurance policy which covered its plowing of private roads. Mr. Farrar indicated he would like to establish a snow plowing policy for the city and the Council asked the City Manager to draw up such a policy so they could work with it at their next meeting. The question of whether to continue to plow the private streets being plowed now was discussed but not resolved. Sign Resolution honoring Donald Lavalette on his retirement from the South Burlington Water Department Mr. Farrar read the resolution. Mr. Burgess moved to sign the resolution. The motion was seconded by Mr. Flaherty and passed 5-0. Review Planning and Zoning agendas There were no comments. Discussion of Williston Road traffic light situation Mr. Paulsen asked why the lights at the Jughandle and Gaynes were not synchronized and wondered if the lights at Dorset Street could be matched to those also. Mr. Szymanski said the Jughandle lights belonged to Burlington but said he would talk to someone about it. Mr. Paulsen also felt the east bound traffic lights on Williston Road approching Dorset Street should be coordinated so they show green at the same time and Mr. Szymanski said he would look into it. Progress report on on-site sewage disposal regulations Mr. Szymanski said Planner Steve Page had, received the draft from City Attorney Richard Spokes last week and that he would submit it to the Commission. Once the approve it, it will come to the Council. List of connections to Airport Parkway sewage treatment plant Mr. Paulsen asked for a list of the numbers and types of consumers with connections to the Airport Parkway sewage treatment plant. After some discussion of what he meant, Mr. Szymanski said he would get that for him. Changes to the Urban Systems map Mr. Farrar read the proposed changes. Mr. Flaherty moved to authorize Chairman Paul Farrar to sign the Changes to the Urban Systems map. Mr. Burgess seconded the motion and all were in favor. Meet as Liquor Control Board Mr. Flaherty moved to adjourn as the City Council and meet as the Liquor Control Board to consider signing a liquor license for Almy's. Mr. Paulsen seconded the motion and it passed 5-0. Mr. Szymanski said this was an application for a first class License and that the Fire and Police Chiefs have both approved it. Mr. Jarvis moved to sign the liquor license for J and J Restaurants. Inc. Mr. Flaherty seconded the motion and it passed unanimously. The meeting was adjourned at 9:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.