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HomeMy WebLinkAboutMinutes - City Council - 05/05/1980CITY COUNCIL MAY 5, 1980 The South Burlington City Council held a regular meeting on Monday, May 5, 1980 at 7:30 pm in the Conference Room, City Hall 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, Martin Paulsen, Kenneth Jarvis, William Burgess Others Present William Szymanski, City Manager; Peter Collins, William Robinson, Matthew Katz, Rob Eley, Free Press; Erwin and Erika Valgoi, Peter and Jim Bouyea, Curt Echo, Antonio Pomerleau, Lowell Krassner, Jim Lamphere Agenda additions Mr. Szymanaki said the Council should meet as the Liquor Control Board to consider a liquor license. Minutes of April 28, 1980 The April 28, 1980 minutes were approved on a motion by Mr. Jarvis, a second by Mr. Burgess and a unanimous vote. Disbursement orders Disbursement orders were signed. Review any additional data and formulate action and any stipulations on the following Interim Zoning application: Robert L. Provost to operate a commercial mail receiving agency and retail shop in conjunction with an apartment on the second floor at 1270 Williston Road Mr. Farrar noted that the Council had kept the hearing in its present state at the request of the applicant. The hearing is closed. Mr. Robinson, who represented Mr. Provost, stated that he had called City Hall to ask that the hearing be reopened so more information could be submitted. He wanted to submit a letter from the Postmaster stating that there was a need for the service proposed and one from the Merchants Bank giving Mr. Provost permission to park on a lot it owned on White Street across the street from this lot. He therefore was asking the Council to reopen the hearing to receive two pieces of information. Mr. Burgess stated that the Council had offered to keep the hearing open but that the applicant had asked that it be closed, and that he was inclined to keep it closed for that reason. Mr. Paulsen agreed. Mr. Burgees was not sure what the new information had to do with the impact of the business or the ability of the community to absorb it. Since there was no motion made to reopen the hearing, it remained closed. Mr. Farrar noted that the applicant had applied for a retail shop, commercial mail receiving agency and an apartment. He added that if the Council could distinguish between the uses in that one would have a severe traffic impact and the other would not, they, could approve one and not the other. The applicant presently has approval for a real estate office and an apartment in the building. Mr. Paulsen believed that the request for the mail boxes was above what the applicant already had approval for. The request was for a small retail or business office in addition to the boxes. Mr. Paulsen felt that the ALA business was the small business office and that broadly speaking one could see this as an application for the post office boxes only. Mr. Farrar felt that since Interim Zoning had been passed in this area, the Council should determine if the use was consistent with the present zoning. This lot would be zoned C1 and Mr. Paulsen felt the mail use would be a high traffic generator, not allowed in the C1 zone. Mr. Flaherty said that the traffic data received had not satisfied him as to how much traffic that operation would generate. Mr. Burgess agreed, adding that he did not believe the evidence proved what the traffic would be one way or the other. Mr. Flaherty felt the traffic data had not been substantiated and he asked what it had been based on. Mr. Robinson said it had been based on similar facilities Mr. Burgess felt that the information had not been concrete or conclusive. Mr. Burgess said that if the Council was concerned about the amount of traffic one business would generate, the traffic from the second business would be a compounding factor. Mr. Burgess moved to instruct the staff to prepare a motion to disapprove the application of Robert L. Provost, for the entire application, on two grounds: 1) the Council does not believe that the applicant proved satisfactorily what the traffic impact is, one way or the other, and 2) there seem to be enough indications that all the uses in conjunction with each other, and the type of traffic generated, such as large trucks, would cause undue traffic problems to that particular intersection. Mr. Paulsen seconded the motion and it carried with Mr. Farrar abstaining because he was not present for one meeting. Formal action on staff prepared motion for the interim zoning application of Gerald Milot to construct 4 buildings, housing 34 2-bedroom residential units on land located northerly side of Kennedy Drive bound by property of Ryan, ICV Investors, and the City of South Burlington Mr. Flaherty moved that the South Burlington City Council approve the conditional use application of Gerald C. Milot of Essex Junction, Vermont permitting construction of four (4) buildings, housing 34 two bedroom residential units on land located on the northerly side of Kennedy Drive bounded by property of Ryan, Investors Corporation of Vermont and the City of South Burlington according to the proposal of record and based on the following findings and stipulations: Findings 1. That the proposed use is consistent with the health, safety and welfare of the City of South Burlington and standards 2, 5 and 4 of Section 5 of the Interim Zoning Regulations. 2. That the proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant, Dubois and King, Inc. and the City Engineer. Stipulations 1. That the applicant install a looped water main and two fire hydrants, location of hydrants to be determined by the Fire Chief. 2. That an appropriate buffer zone be maintained between this development and the Treetop development, the appropriateness of the buffer zone to be worked out by the City Planner. The buffer zone as specified shall be the maximum possible, depending on the final location of the buildings, in the judgment of the City Planner, but in any event it shall be a minimum of 20' of undisturbed buffer. Mr. Paulsen seconded the motion. It was noted that the applicant had felt that leaving 20' undisturbed buffer would not be a problem. The motion carried 5-0. Public hearing on request for Zoning permit by Antonio Pomerleau and Peter Bouyea for a bakery thrift shop in conjunction with two existing businesses, World- Wide Imports and Global Car Parts at 1281-1285 Williston Road Mr. Szymanski had determined that this was the proper body to address the request. Mr. Peter Collins addressed the Council. He represented Fassetts and noted that they had run a day-old bread shop on Shelburne Road for 1 1/2 years. The lease on that building was not renewed, so they want to move their business. They will occupy space currently used by World Wide Imports, which will move into the back in one of the buildings on the lot. The sewing shop which is in the back now will leave the lot totally, so in effect Fassetts will substitute for the sewing shop. The Council had received traffic figures for the business (copy on file with Zoning Administrator) and Mr. Collins noted that the numbers were sales, not cars. He felt that to get the number of cars, the figures should be multiplied by 4/5, because it was the experience of the applicants that there were 4 cars for every 5 customers because some people walked over and some came together in cars. Mr. Collins felt the average traffic impact was 66 cars per day. The lot to which Fassetts wants to move was also studied as to traffic movements. Mr. Collins noted that the Fassetts cars could not be added to the total, however, because one of the present uses, the sewing shop, would be leaving, so its traffic impact could be subtracted. Between 3-5 pm, 16-22 cars enter the lot. Using the arbitrary figure of 2 1/2 to 3 times that to estimate a full 8 hour day, Mr. Collins said they would have 48-66 cars per day, which he felt was a high estimate. These figures are a daily count, not a peak count for the present operations and they are projections. Mr. Burgess asked about the peek hours for the bakery. Mr. Echo said he was the present manager and he felt peek times were 9:30 to 11:45 am and 1:30 to 4:30 pm. They do not open until 9:00 am. Mr. Burgess wanted to know what kind of traffic the bakery had during the road peaks of 8-10 am and 4-6 pm. Mr. Echo said that 4-6 pm was a slow time. The Council asked for information on the bakery traffic at road peak hours, particularly the pm peak. Mr. Farrar also wanted to know the difference in traffic between the sewing shop, which was leaving, and the bakery, which was coming in. Mr. Paulsen also wanted to know if the sewing business had retail customers or was custom-made. Mr. Pomerleau felt it was a business doing custom-made work. Mr. Collins said the Shelburne Road shop had not had more than 3 or 4 cars parking at any one time. There are 5 spaces outside the outlet and there is a lot of parking elsewhere on the lot. Mr. Farrar asked that the applicants find out if the present parking conformed to the zoning requirements. Mr. Collins felt this was a low profile business. There are two employees and trucks will drop off the bread. They will park in the rear. This use was permitted under the old BR zoning, but not under the new C1, Mr. Collins said. There are presently two curb cuts in use on the lot and there is one for the home, which is not now used. No change in cuts is proposed. Mr. Jarvis moved to continue the hearing until the next regularly scheduled meeting pending receipt of the information requested and also pending receipt of a traffic analysis of the data the Council has and the data it will receive, to be done by the traffic consultant or the City Engineer, at the option of the City Manager. Mr. Paulsen seconded the motion and it passed 5-0. Mr. Collins asked that the hearing be kept open. Discuss Chittenden County Transit Authority 1980-1981 budget Mr. Farrar said the South Burlington representatives to the Authority wanted guidance from the Council on the budget. He felt that he did not have enough detailed data on the budget, but that the subsidy called for in the budget was excessive for the community. He felt the representatives should vote to modify the budget so that South Burlington's subsidy did not total more than $50,000. He said that modifications could include fare increases and that staff additions should be studied very carefully to see if they are needed. Mr. Burgess moved to instruct the South Burlington CCTA representatives to vote for modifications of the budget with the intention of keeping the South Burlington share at $50,000 or less. Mr. Paulsen seconded the motion. It passed 5-0. Mr. Farrar said he had always assumed that public transportation was cheaper than private transportation per passenger mile and in the future he wanted more hard data on that. The Council also discussed the budget that they had received, which was not detailed. They felt the CCTA should have the budget to the communities in time for them to use its figures in their municipal budgets. Mr. Paulsen moved to request that each Council member receive a detailed copy of the current budget and at least last year's also. Mr. Burgess seconded the motion and it passed unanimously. Consider going into Executive Session to meet with architect for new municipal building to discuss pending building construction contract Mr. Paulsen moved to adjourn the City Council meeting and convene in executive session to discuss the contract with the architect. No action will be taken and the Council will reconvene in regular session. Mr. Burgess seconded the motion and all voted aye. Mr. Paulsen moved to come out of executive session and Mr. Flaherty seconded the motion, which carried unanimously. Mr. Lamphere gave the Council a list of the 9 contractors that submitted pre-qualification statements. These are K.R. Baird, Inc., H. P. Cummings Construction Company, Kenclif Construction, Inc., Reed and Stone, Pizzagalli, E.F. Wall and Associates, Agway Inc., Remi W. Gratton, Inc., and Engelberth Construction Inc. Mr. Paulsen moved to invite the following 4 contractors for interviews: H.P. Cummings, Kenclif Construction, Pizzagalli, and Reed and Stone. Mr. Burgess seconded the motion. Messrs. Szymanski and Lamphere were satisfied with the choices and the motion carried unanimously. It was decided to meet Monday, May 12 at 7:00 pm to interview the applicants. Review Planning Commission agenda There were no comments. Review waiver of penalty charges The Council studied the list the City Manager had given them. These are penalties for late taxes and poll tax penalties are included. Mr. Farrar felt that a month's interest should be charged when people paid late. That is the law, he said. Mr. Burgess was not sure businesses should have their penalties waived. Set date and time for Council Organizational meeting The Council decided to have this meeting on Wednesday, May 21 at 5:00 pm. Old business Mr. Burgess asked about the sewer ordinance work being done by the City Attorney. Mr. Szymanski said he had not been able to get to it yet but will have it for the next meeting. Mr. Paulsen asked about the sidewalk for the new municipal center. He wanted to know if there would be one parallel to Dorset Street. Mr. Farrar said the city would make provisions to put one in after the street was rebuilt. Money for such a task will be put in escrow. Meet as Liquor Control Board Mr. Flaherty moved to adjourn as the City Council and meet as the Liquor Control Board to sign a liquor license. Mr. Burgess seconded the motion and all voted aye. Mr. Szymanski said the license was for the Quarry Hill Club. They owe two installments on their taxes for a total of about $4,000. They will pay the November installment now and the March one by July 1, he said. Mr. Flaherty moved to sign the liquor license for the Quarry Hill Club with the condition that the November tax installment be paid and that the March tax installment be paid by July 1. Mr. Paulsen seconded the motion and it passed 5-0. The meeting was adjourned at 9:15 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.