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Council Meeting Minutes February 14, 1995 Page 6 Council Business. continued In regards to gas fumes and vapors, Tarr said the pump mechanism does not allow release of fumes and State law requires vehicles be shut off when refueling. He questioned whether the litter problem can be directly associated to the store, and said extra garbage containers can be installed. Each store manager is trained to use a specially designed gas spill clean-up kit; and gas deliveries could be scheduled between 9-11 a.m. Benke asked if the turning templates included movements of fuel tanker trucks. Eicher said the turning templates were reviewed for additional restrictions on transport vehicles. Gas tankers would unload their product on the vehicle's right side. Eicher feels the incompatibility issue is questionable because the store has been at this location for 25 years, and adjacent properties should expect some light and noise associated with the store's presence. Tom Thumb needs gas to compete at this location. He said Police Chief John Kelley stated he had not received complaints regarding high traffic speeds along 6th Ave. or traffic violations occurring at the 5th Ave. stop sign. Also, the Pire Department has the authority to conduct inspections of gas fueling stores and demand regulations be followed. Benke asked if the Fire Department conducts routine inspections of stores selling gas. Mark Bishop, Fire Marshal, said the facilities are checked regularly and there are no problems. Pat Petit, Tom Thumb Foods, feels the addition of gasoline sales at this store would allow for the store's success. Linda Helgremson, 6th Ave., noted the comments voiced on January 24th by residents opposing the proposal. She said many residents have occupied their homes before Tom Thumb was built, and the Police monitor the traffic on 6th Ave. She asked why Council has allowed Tom Thumb another presentation. Benke said all applicants are given the opportunity to respond to the resolution of denial, and previousl y stated resident comments will be kept in mind. Benke feels economics are not grounds for granting a variance and most of what the applicant stated is that the fuel sales are essential for survival. LeFevere said State Law and City Code list standards for granting variances due to hardship that is unique to the property, not unique to the business on the property or financial hardship. If grounds for a variance exist, it would need to be other than financial. Samuelson asked if Tom Thumb researched other sites to locate this proposal. Tarr said the Company is looking to remodel and add gas pumps at the Silver Lake Road store, but they have not researched other locations not owned by the Company. Wil1iams stated his sentiments on January 24th in regards to his opposition to the project. He feels the design of the site would result in accidents occurring due to inadequate turning radius' especially near parking stalls 1-7. However, it appears the applicant argues this point. He feels the graphics show that turning movements are indeed inadequate, and for that reason has not changed his mind. Many home were purchased before the store was built, and he does not feel gas sales are appropriate near adjacent single family residential. He is not persuaded by the economic argument, and is not convinced gas sales is essential for survival. Larson agrees with Williams and supports the denial. Samuelson feels safety is the main issue and would vote to deny the proposal. Council Business I Tom Thumb Site Plan Review Report 95-026 Resolution 95-014 Resolution 95-015 Resolution 95-016 I I