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HomeMy WebLinkAboutMinutes - City Council - 05/07/1979CITY COUNCIL MAY 7, 1979 The South Burlington City Council held a meeting on Monday, May 7, 1979 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman (late); Michael Flaherty, Martin Paulsen, Kenneth Jarvis, William Burgess Others Present William Szymanski, City Manager; Fernand LaJeunesse, Will Wootton, Free Press; Barbara Lozon, Eleanor May, Esther Perelman, Diane Geerken, Bret Powell, Bruce Righi, Frank McCarthy, James McGee, Wesley Daum, Jr., Sandy Kleppinger, Patricia Mable, Ruth Farrell, Kathleen Howley, James Howley, James Lawpher, Benton and Marlene Haynes, Thomas Fraga, Richard Gracey, Fred Solomon, Peter Lavallee, Bruce O'Neil Minutes of April 23, 1979 It was moved by Mr. Jarvis and seconded by Mr. Burgess, to accept the April 23, 1979 minutes as printed. The motion passed unanimously. Mr. Paulsen asked what had been done regarding the Regional Planning Commission's request for input on Winooski's request for funding for low cost housing in South Burlington. Mr. Szymanski said he had written a letter stating that the city had held several meetings on the subject and was against the proposal because of the concentration of this housing in one area in the city. He stated that consideration of low cost housing might be given if the housing could be dispersed throughout the city and be owner owned. Mr. Szymanski signed the letter. The Council requested copies of the letter and Ms. Kleppinger did also. Disbursement orders Disbursement orders were signed. Appoint City Energy Co-ordinator, Mrs. Diane Geerken Mr. Szymanski said the city has been asked to appoint an energy co-ordinator, that Ms. Geerken is interested in the post, and that he felt she would be a good choice. Ms. Geerken said she is interested in energy-related areas and that she receives the State Energy Office monthly news bulletin. She felt the role of the Energy Co-ordinator would be to be a liason between the city and State. She asked if the Council had any input on the position. Mr. Jarvis noted that all other city appointments would come up at the same time, in the next month, for renewal and felt perhaps this appointment should be made at that time. He also wondered if the position should be advertised as all other posts are. Ms. Geerken was asked how she would be paid and she replied that the post was a volunteer one and she would not expect compensation, except perhaps for some expenses she might incur. She said the State did not require the position to be filled and that what the Co-ordinator wanted to do was more or less up to him to decide. She felt it was intended to help communication between State and city. Mr. Paulsen moved to postpone this appointment by this Board until the next meeting of the Board, which will be a new Board. Mr. Burgess seconded the motion and all were in favor. Mr. Paulsen asked for more description of the area of activity of the Energy Co-ordinator and Ms. Geerken said she would write up something. The Council also asked for a copy of the statute regarding the Co-ordinator. Act on Interim Zoning applications Coburn-Feeley and Cooper, office building at 1775 Shelburne Road Mr. Burgess moved that the South Burlington City Council deny the conditional use application of Coburn and Feeley and Robert Cooper. 115 College Street. Burlington, Vermont allowing for the construction of an office building at 1775 Shelburne Road, according to the proposal of record, based on the following findings: 1. The location of a structure on this lot at this time would seriously hamper the City's ability to resolve and correct the problems reflected in Finding of Fact #5, 6, and 8 which are attached to the City's Interim Zoning Regulations and incorporated in the preamble of the regulations. 2. The intent and spirit of Finding #23 attached to the Interim Regulations would also be violated if the applicant were permitted to build at this time. In particular, the concept of a transportation corridor as contained in Chapter IX (4) of the City Comprehensive Plan would be impossible to implement. 3. As reflected in Finding #21 attached to the Interim Zoning Regulations, the primary purpose of the Interim Regulations is to preserve the status quo to provide the City with sufficient time to conduct studies and enact amendments to the master plan and by-laws. One of the major concentrations of the studies presently being conducted by the city is the feasibility of construction of a Southern Connector. The plan for a Southern Connector would be seriously hampered if the applicant were to construct a building on the proposed site. Mr. Jarvis seconded the motion and it passed unanimously. At this point, Mr. Farrar, who had been attending another meeting, arrived. He suggested an amendment to the above motion. Mr. Flaherty moved to reconsider the motion of disapproval on the Coburn-Feeley and Cooper Interim Zoning application. Mr. Burgess seconded the motion and all were in favor. Mr. Flaherty then moved to add the following as #4 to the motion of disapproval for Coburn-Feeley and Cooper: That the use is not consistent with Standards #4 and 5 and that it is not consistent with the city's ability to plan for orderly growth in transportation as called for in the preamble of the Interim Zoning Regulations. Mr. Burgess seconded the motion and all were in favor. The motion as amended passed with a vote of 5--0. Champlain Oil Co. for a beverage center at 1241 Williston Road Mr. Flaherty moved that the South Burlington City Council deny the conditional use application of Champlain Oil Company, Mr. Tony Cairns, for conversion of an existing service station into a beverage center, at 1241 Williston Road, as depicted on the plan and evidence of record, based on the following findings: 1. The proposed use has no significant difference from the proposed convenience store, which has been rejected by the City Council and which is presently pending court action. 2. The increase in traffic and traffic movements will cause traffic congestion problems, seriously violate the intent and spirit of Finding of Fact #5. attached to the City's Interim Zoning Regulations. 3. As reflected in Finding #21 attached to the Interim Zoning Regulations, the primary purpose of the Interim Regulations is to preserve the status quo to provide the City with sufficient time to conduct studies and enact amendments to the master plan and by-laws. Mr. Paulsen seconded the motion. Mr. Farrar questioned whether the record could support finding #2. Mr. Paulsen felt the station could sell the amount of gas Shell was selling and attract cars on top of that for the beverage center. The motion passed with Mr. Farrar voting no. Public hearing on Interim Zoning Application of Fernand Lajeunesse for a mobile catering service at 21 McIntosh Avenue. Mr. Lajeunesse read a letter outlining his proposal (copy on file with Zoning Administrator). He said that the testimony in that letter had changed slightly, in that he was also requesting to do some baking on the premises now. He said that if he were to cater a wedding he might want to bake a ham, roast beef, or potatoes in an oven in his garage. He said the insulation business formerly run from his home had been moved out already. Mr. Lajeunesse is proposing to live in the home, park the catering bus in front, and do some cooking in the garage occasionally. He said the situation would be temporary until he could find a place to operate from. He hoped to find that place within a year, but said he was not asking for a temporary permit because he did not know when he would be able to find a new location. He noted that the property was zoned commercial. He stated that he might possibly cook on the bus while it was parked on the property, but when asked about the smell, he noted that Friendly's Ice Cream was 50' from him and the neighborhood could already smell that. This applicant was before the Board a few months ago to ask for permission to do his business in the old NorCo building between White St. and Williston Road. That proposal has been withdrawn. Mr. Lajeunesse said he would have to go before the Zoning Board and receive an OK from the State Board of Health before he could operate from his garage. He was asked about employees and said that it would be himself, his wife, and two employees working. Neither employee has a car now. He stated that he would not sell from the premises or from the bus while it is on the premises. He said that he did not think people would be coming to his house in regard to the catering service because it is part of the service to go talk to them in their homes. The rotisserie for the chicken is on the bus and the chicken would be cooked on the way to where they are serving it. He has two Blodgett ovens he would like to install in the garage for the ham, potatoes, etc. Mr. Lajeunesse was asked if the business was seasonal. He replied that it would be heaviest in the summer and that he would do insulation work in the fall. He was not, however, willing to stipulate to only operating certain months of the year, because he said there would be weddings and anniversaries he might cater in the fall and winter. Mr. Lajeunesse said he only had McKenzies deliver chickens and the rest of the food he would pick up himself. He was hoping to build a walk-in cooler in the garage also. Mr. Paulsen noted that the letter asked for permission to operate the bus in South Burlington and he asked about that. He was told the bus, Mr. Lajeunesse hoped, could be parked in Mallett's Bay, and if that did not work out, it would make stops like Take Ten did. Mrs. May, a neighbor, expressed concern about cooking in the garage with regard to air pollution and fire protection. She also noted that there were a lot of cars parking in that area. Mr. Farrar read a letter from Mr. Vincent Bolduc, a neighbor, who also objected to the plan (copy on file with Zoning Administrator). Mr. Ben Haynes was concerned about traffic on the street, which is heavy now. Mr. Farrar asked that the Fire Chief check the home out for cooking in the garage. Mr. James Howley opposed the plan and asked for proof that it would not adversly affect the character or the area or the traffic down there. Other neighbors objected to the plan on the grounds stated above. Mr. James McGee noted that, although the property was zoned for commercial uses, it was in a residential neighborhood and he did not want to see commercial encroachment on that area. Asked about cooking chicken on the bus while it was parked at McIntosh Avenue again, Mr. Lajeunesse said he would not do that. He said there would be no chicken smell in the area. He was asked about catering weddings at people's homes and said he would not do that because those weddings would not be large enough for him to make a profit. Mr. Lajeunesse said he had a rotisserie, food warmer, gas refrigerator and charcoal grill, and three french fry units on the bus. In the garage he has a three door cooler, electric food warmer, two Blodgett ovens and a sink. Mr. Lanpher asked about chicken waste and was told the fat was gathered into barrels and sold back to McKenzies. These barrels will be kept in the garage with covers on them. Mr. Lajeunesse said that the insulation business had moved out of the home but that there was still an office and phone connected with that business at the residence. Mr. Lajeunesse said he bought all his food in large lots and that he went to get it himself. There would be no people coming to the house to see him. Mr. Burgess asked for a sketch of the property, drawn to scale, which would show the house and the proposed parking and Mr. Lajeunesse said he would do that. Mr. Paulsen asked if the bus would be loaded and go off in the morning or would there be trips back to the house to get more food? Mr. Lajeunesse said that he would not need more than one load of chicken per day except at his busiest times, at which times he might make one trip home for more food. It was noted that some neighbors did not know of these hearings and might like to come. If the hearing was continued, they would have a chance to comment. Mr. Burgess moved to continue the public hearing on Fernand Lajeunesse until the next regularly scheduled Council meeting, in two weeks. Mr. Paulsen seconded the motion and it passed unanimously. Chittenden County Regional Planning Commission request for community and region, 5 most pressing needs. Mr. Szymanski said that last year the city sent the needs to the Regional Commission as follows: Community's needs - 1) transportation planning, 2) recreational facility, 3) solid waste disposal alternatives, 4) planned growth control, 5) zoning ordinance, 6) Capital Budget and Program, and 7) Official Map. Regional needs were perceived to be: 1) transportation planning, 2) solid waste disposal, 3) planned growth, 4) better cooperation between cities and towns, 5) Regional Planning Commission highway consulting, 6) uniformity of regional and local plans and 7) capital improvements. After some discussion it was determined that Zoning Ordinance should not be in the community's list. Mr. Burgess moved to submit the same list as last year to the Regional Planning Commission as priority needs from South Burlington, except that Zoning Ordinance will be removed. Mr. Flaherty seconded the motion and all were in favor. Mr. Paulsen asked what the city would gain by this exercise and said he would like Regional Planning to respond to that question. It was suggested that the Council talk to Hugh Marvin, South Burlington's representative to the Commission, sometime soon. Review and consider for first reading an ordinance regulating conduct in City Parks Since the audience at this time was very small and the Council had been through the proposed document before, Mr. Burgess moved to dispense with the reading of the Ordinance Regulating Conduct in South Burlington Parks, unless there was a request to read it. Mr. Flaherty seconded the motion and it passed unanimously. No one requested a reading, although the Free Press reporter requested a copy. Mr. Bruce O'Neil, Recreation Director, said that he agreed with the City Attorney that the best thing to do was to have one ordinance for all city parks, and not have a separate one covering Red Rocks, as there is now. Mr. Paulsen noted that that had been discussed in a memo from the attorney's office which the Council had received this evening. He wanted some time to look over the memo. It was suggested that the document be prepared with the additions made to it as part of the text and that it be discussed further at the next meeting. Mr. Burgess moved to continue the hearing until the day of the organizational meeting. Mr. Flaherty seconded the motion and all were in favor. Meet with Police Department Association Mr. Fraga said the first point to discuss was overtime pay. The Association feels that anyone working over 8 hours in a 24 hour period should be given overtime pay for the hours worked over 8. As it stands now, two men per month work two shifts in one day because of shift rotation. Mr. Farrar felt that could be worked out. The next question was a clothing allowance for the non-uniform personnel. Mr. Fraga said that he had asked at the Department and that it cost about $400 to outfit a uniformed man initially and about $100 per year to maintain that. The non-uniformed men wanted an $100 increase in the clothing allowance but have decided that they will settle for a $50 increase. Concerning leaves of absence without loss of benefits, Mr. Farrar felt some language should be worked out on that which would apply to all city employees. Duty schedule and city financing for special seminars was discussed next. Mr. Fraga said the Association would drop the request for city financing but would like to discuss scheduling so a person would not take a course only to be forced to drop it halfway through because of schedule conflicts. The Council did not want to hinder management of the Police Department by interfering in this kind of issue but said they could look at some language on it, perhaps requiring prior approval of the courses by the Chief. Finally, Mr. Fraga talked about sick leave. He said the police officers had a lot of stress on the job and that due to a high turnover rate, it took a long time for them to accumulate 50 days of sick leave. Mr. Fraga felt the informality of negotiations with the city was good but suggested that next year the negotiations start earlier in the year and that a meeting be set aside for talks. Report on status of Meadowbrook water main The City Attorney's office submitted a memo on the water line in this development. Mr. Burgess moved to instruct the City Attorney to take all possible action to require that the water line be turned on at Meadowbrook Condominiums. Mr. Flaherty seconded the motion and all were in favor. Review Planning Commission and Zoning Board agendas There were no comments. Set date and time of Council reorganizational meeting Mr. Paulsen moved to meet at 5:00 pm on May 16 at City Hall for a reorganizational meeting and the continuation of the public hearing on the park ordinance. Mr. Flaherty seconded the motion and all were in favor. The meeting was adjourned at 10:00 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.