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HomeMy WebLinkAboutAgenda - City Council - 05/19/2008 f ° `° - City of South Burlington (r" l q 1`//�) 575 DORSET STREET E__,,f itlkJ ,/ SOUTH BURLINGTON, VERMONT 05403 �"` TEL. (802) 846-4107 b +'' — •°` FAX (802) 846-4101 A��f'4.OA 1owN to° CITY MANAGER CHARLES E. HAFTER AGENDA SOUTH BURLINGTON CITY COUNCIL CITY HALL CONFERENCE ROOM 575 DORSET STREET SOUTH BURLINGTON,VERMONT Regular Meeting 7:00 P.M. Monday, May 19, 2008 1)Comments and Questions from the public(not related to the Agenda). 2)Announcements and City Manager's Report. 3)Presentation of Lieutenant Badge to new Lieutenant Jim Goslin;Trevor Whipple, Chief of Police. * 4)Consideration of adoption of Notice of Public Hearing for the purpose of acquiring land and interests in land for the Hinesburg Road/Interstate Highway 89, Interchange 12B project; Discussion with residents of residential area adjacent to proposed Allen Road Land Company development. 5)Public discussion opportunity for items related to proposed City budget and ballot items on May 20,2008 ballot. * 6)Consideration of request from Jack Russell regarding property at 7 Shamrock Road and acquisition by Burlington International Airport. * 7)Review the agenda for the Development Review Board meeting being held May 20, 2008. * 8)Review and approve minutes from regular City Council meeting held on April 21, 2008. * 9)Review and approve minutes from special City Council meeting held on April 26,2008. * 10)Review and approve minutes from special City Council meeting held on May 5, 2008. 11)Sign disbursement orders. 12)Adjourn Respectfully Submitted: C. SL-% Charles Hafter, C y Manager f , (1111111(� South Burlington Land nd Trust, Inc. 500 Cheesefactory Road South Burlington VT 05403 28 April 2008 Dear Chris Smith and the South Burlington City Council, As we all know, on March 4th the voters of South Burlington voted in the affirmative (2,830 yes to 2,497 no) on the ballot Article II to expand the uses of the Conservation Fund to encompass purchases of land or rights in land for recreational purposes as well as conservation purposes. The South Burlington Land Trust came out in opposition to this change and is disappointed in the outcome of the vote. We have various theories as to the results, but the vote is the vote, and we must accept it. However, it should be strongly noted that the affirmative vote was hardly a"landslide" (a 333 vote difference). We and many citizens felt that the Conservation Fund was established and should remain for the preservation of natural habitats and undeveloped lands—only. Our intent in contacting you now is to offer our help in crafting some objective criteria and principles that the City Council could use in future deliberations as to the disposition of the funds for either recreational or conservation purposes. Additionally, we would like to take this opportunity to suggest the establishment of an advisory group to work with the City Council whenever a proposed use of the Conservation Fund arises. This advisory group could be citizens representing interested bodies such as the Natural t, Resources Committee, the Recreation Path Committee and the South Burlington Land Trust. Would it be possible for us to discuss these ideas with the Council at a future meeting? Thank you for your consideration, �G�C� v`. •��c�-t20 Sarah L. Dopp, President For the Board of Directors of the South Burlington Land Trust Tricia King Michael Mittag Jaime Heins Peter Jones Jim Olinger Roxanne Bogart SOUTH BURLINGTON PLANNING COMMISSION ► 410 575 Dorset Street 0 South Burlington, VT 05403 (802) 846-4I06 www.sburl.com SOUTH BURLINGTON PLANNING COMMISSION Meeting Tuesday, May 13th, 2008 7:30 PM City Hall Conference Room, 575 Dorset Street AGENDA: I. Review Minutes of April 29, 2008 meeting 2. Other Business & Announcements 3. Review Document Planning Commission 2008 Objectives 4. Review Document: Planner Responsibilities 5. Introduction to First Draft of Proposed South Burlington Tree Ordinance Respectfully submitted, Cathy n L. LaRose Associate Planner/ Interim Planning Director RECREATION PATH COMMI 11'EE April 29,2008 The Recreation Path Committee held a special meeting on Tuesday,April 29,2008,at 6:30 pm in the small conference room at the city office building. The reason for the change in meeting date and time was to attend a joint meeting with the Planning Commission,at their request,at 7:30 pm. MEMBERS PRESENT: Lou Bresee,Chair; David Jacobowitz, Vice Chair; Leslie Carew, Greg Goyette, Bill Cimonetti,and Donna Leban ALSO PRESENT: Tom Hubbard, Recreation Director The minutes of the March 3, 2008 meeting were approved. With regard to the AOT grant,Lou and Bill have had discussions with folks from UVM and the State Archeology Dept. Lou is trying to obtain a scope of work to include the technical specifications for what needs to be done, and what it would cost for several options that were discussed. We may be able to proceed to Act 250 under the condition that the archeological work is completed before final approval. If all goes well, we may not be far from an RFP,with the hope that some of the prep work could be done this year. There was some discussion regarding the recreation path proposed to connect the Heatherfields development with Indian Creek. At sketch,the DRB supported the recommendation of the committee to have the path constructed. There was both opposition as well as support from residents at Indian Creek regarding the connection. Bill Nedde has been asked to work with both sides and the Recreation Path Committee to try to resolve concerns prior to coming in for preliminary approval. The committee agreed to have an open discussion with representatives from both sides at the next committee meeting on June 2nd. Tom will contact Bill Nedde to make the necessary arrangements. Several maintenance issues were brought to attention. Tom will contact Bruce to make him aware of the pipe which has come up through the path(anchor bolt)as well as sweeping necessary at the location of the bollards at Spear& Swift. Bruce will be asked to join us in June for his quarterly meeting with our committee. Lou presented the current map update for the Comprehensive Plan. Lou has worked with Horace to bring this to fruition,and several minor changes still need to be made. The written draft to accompany the map is complete for the Comp. Plan. The map will be shared at the joint meeting with the Planning Commission as well as discussion on the Official City Map. The committee adjourned at 7:30 pm to join the Planning Commission. Juli Beth presented the latest update of the Official City Map and her work with the city consultant on this project. Lou explained that one of the significant changes is the addition of on- road bike lanes. The Planning Commission reviewed the updated ree path map and the suggestion was made by Juli Beth to not only incorporate this map into the update of the Comp. Plan,but to make it a Page 2 document(Transportation)to the Official City Map, making it a legal planning document as well. Lou will work with Horace to cross- reference data between the two maps. The meeting adjourned at 8:35 pm. The next meeting will be held on Monday,June 2,2008,at 7 pm in the small conference room in the city office building. Respectfully submitted, Tom Hubbard,Acting Secretary CITY COUNCIL 5 MAY 2008 The South Burlington City Council held a regular meeting on Monday, 5 May 2008, at 7:00 p.m.,in the Conference Room, City Hall,575 Dorset St. Members Present: D. O'Rourke, Acting Chair; M. Boucher, S. Dooley, S. Magowan (arrived late) Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; Rep. H. Head; B. Hoar, Public Works Department; P. Engel, D. Barker, T. Burritt, C. Ryan, P. Bennett,N. Carr, C. Carlson, T. Fowler, M. Kilorman, C. Ford, G. Edwards, L. Bresee, R. Penniman, D. Rothman, L. Murphy, D. Austin, C. Wallace, B. David, M. Flaherty 1. Comments & Questions from the Audience,not related to Agenda items: No issues were raised. 2. Announcements & City Manager's Report: Mr. Hailer: On 22 April, the City received an Environmental Merit Award for its Stormwater services. The City was cited for being a"model for managing water quality." The Department of Justice has announced the appointment of South Burlington Police Chief Trevor Whipple to the Medal of Valor Review Board. Mr. Hailer will attend a meeting of the Unemployment Trust Board of VLCT, Tuesday, 9 a.m. The Correction Center Liaison Committee will meet on 7 May at the jail. Mr. Hafter will attend a session on"Current Issues in Personnel Management"on 8 May. The next City Council meeting will be on 19 May, 7 p.m. 3. Request from Citizens for a 3-way Stop at Farrell Street& Eastwoods Drive intersection; discussion: Mr. Hafter said he attended a meeting at Grandway Commons following an accident in which a citizen was struck in a cross-walk. He has also received comments regarding problems at the intersection just up the block from the cross-walk. Mr. Hafter noted that after the opening of the new housing units, the East Woods neighborhood was experiencing an influx of 3000 cars a day. The city felt this was not appropriate for that residential neighborhood. A one-way street was created, which cut off 40%of the traffic from East Woods. Farrell St. was relocated and renamed CITY COUNCIL 5 MAY 2008 PAGE 2 Eastwood Drive. According to Police,there has been one accident at the intersection and several other accidents in the area. Mr. Hafter noted that changing to a 3-way stop is more difficult than just putting up a sign. Mr. Engel's said he was encouraged by the Police to talk to the City Council. He said the area is stuck with traffic because the Southern Connector was never built. When the roads were changed,he felt there should have been a 3-way stop put in there. There are many children in the neighborhood and it is hard to see cars coming from under the Interstate. There is also a lot of traffic turning left in to the businesses there. Mr. Ingalls felt a 3-way stop would slow traffic down and address some safety concerns. Ms. Barker said existing signs are fine,but they are not slowing traffic down, and there are more people crossing the road to get to the stores. She felt something more permanent needs to be done. Mr. Fowler, Manager of Grandway Commons, said that since the Commons was built, he has had concerns for safety. There are visually impaired people crossing the road, and it was only a matter of time before someone got hit. He noted that cars seem to "gun it"to get around the corner faster. Ms. Kilorman said the area used to be a great place to walk,but as soon as the road was put in, it became "an accident waiting to happen." Ms. Carlson felt a sign is needed at Swift Street. Mr. Hoar said the crosswalk there has been eliminated because it was too dangerous. Ms. Carlson said that now leaves no way to cross. Mr. Hafter said the city will put up more signs. Ms. Ryan asked what a 3-way sign would do to help people cross from Grandway Commons to Shaws. Mr. Hoar said he is concerned that a 3-way sign would increase speeds at the other end. Mr. Burritt said there are 2 issues: speed in front of Grandway and the intersection. He felt a 3-way stop sign would increase pollution and double the noise in the neighborhood. He also noted that traffic backs up when Rice H. S. lets out. He felt a 3-way sign would help that. Mr. Carr asked about the possibility of speed bumps. CITY COUNCIL 5 MAY 2008 PAGE 3 Mr. Hafter said they can't make the bumps as high as they need to be to slow people down. He added that the road is a connector street. He felt that ultimately there will have to be a light there. A resident of Grandway said people stood outside with signs. Drivers would slow down, then"gun it." Mr. Hoar suggested that they could narrow the cross-walk areas from 28 to 24 feet. Mr. Bresee felt there are several places along the way where the road could be narrowed a bit. Mr. Halter said the city will have to consider different options, and also keep the two problems separate. Rep. Head said she wasn't sure of the best solution. She also cited confusion at the intersection as a contributing factor. Mr. Hoar noted that the engineer who designed the intersection has agreed to look at it in light of the problems. 4. Local Concerns Meeting: Solution for Third Lane at Staples Plaza: The U.S. 2/I-89 Southbound On-Ramp: Ms. Ford reviewed the history of the area. She noted that this meeting is part of the process established by the Dept. of Transportation to get public input. There will be follow-up meetings in a few months. Mr. Edwards showed the proposed project area, about 1000 feet long. He noted there was a corridor management plan done in 2007, and this project was one of the recommendations of that study. He indicated the specific area where lanes are reduced in front of Staples Plaza. The study felt that US2 would be improved by extending the "third lane"to the Interstate entrance. Mr. Edwards noted this is a Class 1 highway,maintained by the City of South Burlington. It handles over 40,000 vehicles a day and is one of the busiest pieces of highway in the State. Mr. Edwards indicated the sidewalk and bike lanes and showed where they are interrupted. He also pointed out the public transit stops. In 2005, the intersection at Staples Plaza was at a level of service "F" in the morning and "E" in the afternoon. CITY COUNCIL 5 MAY 2008 PAGE 4 Mr. Boucher asked if there would be a 2-lane approach to the Interstate such as there is on Shelburne Road. Mr. Edwards said that is a possibility. They will consider traffic volumes on the ramp to see if there is a need for 2 lanes. Ms. Dooley asked what would happen to the sidewalk if a lane is added. Mr. Edwards said it would be relocated. Mr. Carr cited a tremendous problem getting onto Williston Rd. from Spear Street at rush hour. He was not sure a third lane would solve that. He also noted that at times it is difficult of get out of Champlain Farms if you stop there for gas. He felt it would become more difficult if that lane fills up. Mr. Carr also noted that if you're in Staples and want to get out, there are 2 options. He said he suspected one of those would be closed if there was a 3rd lane, which would make it harder to get out of Staples. Mr. Rothman asked if the third lane would be continued across the bridge. Mr. Edwards said that was a recommendation and will be analyzed and considered. Mr. Halter noted the city is concerned with taking a"do-able"project and making it so big it doesn't get done. Ms. Dooley asked if the project would eliminate a row of parking at Staples. She felt that parking area is already a"disaster," and navigating the parking lot is difficult. A resident noted that the area is dangerous for pedestrians. By opening the second egress from Staples, traffic backs up there and makes it hard to get to the light. He also felt the "jughandle"has to be considered. Mr. Hafter noted the"jughandle"belongs to the City of Burlington. Mr. O'Rourke observed that drive behavior creates a lot of the problems. Mr. Penniman of UVM said the City of Burlington has passed a"do not block the box" ordinance. Violators will be ticketed. He also noted that the Main St. signals are all coordinated and need to be tied into the signals on Williston Rd. Mr. Austin commented that it is very dangerous to ride a bike in the area. Ms. Dooley felt the light at the Sheraton is not long enough for people to get across the road. Ms. Wallace said the plan will work hard to accommodate cyclists and pedestrians. Mr. David said he bicycles there frequently and has tried many things to make himself seen. CITY COUNCIL 5 MAY 2008 PAGE 5 Rep. Head said it is very important to continue to plan for the third lane. She echoed concerns with the "jughandle." She felt it would make a difference to have a lane go all the way to Dorset St. Mr. Hafter said the city would hope for a minimum impact on businesses in the area. Mr. Murphy, representing Staples Plaza, said he was concerned that the project has begun with the presumption that a piece of Staples land will be"knocked off." He asked that other alternatives be considered or"cooperation would dry up very quickly." He said this is a very important business area, and loss of parking would have a dramatic effect on tenants and on the ability to maintain leases. He felt it was not realistic to give everyone what they want without having a devastating effect on Staples Plaza. Mr. Bresee said it may be time to offer that developer ways to improve parking and traffic flow and to make a better solution for everyone. Mr. Carr asked that the increasing flow of traffic from new development also be considered. 5. Consideration of Entertainment License Application from National Night Out, Dorset Park,4-5 August 2008: Mr. Gravelin noted that setup will be on 4 August, and the event will be on 5 August from Noon-10 p.m. Mr. Magowan moved to approve the Entertainment License for National Night Out as presented. Mr. Boucher seconded. Motion passed unanimously. 6. Public Hearing on Amendments to the Sign Ordinance & Regulation of Signs in Residential Zoning Districts; second reading of same: Mr. Magowan moved to waive the second reading and open the public hearing. Mr. Boucher seconded. Motion passed unanimously. No public comment was received. Mr. Magowan moved to close the public hearing and approve the amendments to the Sign Ordinance and regulation of signs in residential zoning districts as presented. Ms. Dooley seconded. Motion passed unanimously. CITY COUNCIL 5 MAY 2008 PAGE 6 7. Review Agenda for Development Review Board Meeting on 6 May 2008: No issues were raised. 8. Review Minutes of 21 April 2008: The Minutes of 21 April could not be reviewed as there was not a quorum of those present at that meeting. 9. Review Minutes of 26.April 2008: The Minutes of 26 April could not be reviewed as there was not a quorum of those present at that meeting. 10. Capital Equipment Refunding Notes: Mr. Hafter said that the note is the second of 5-years at 2.95% for dump trucks and a backhoe. Mr. Magowan moved to approve the Capital Equipment notes and accompanying documents as presented. Mr. Boucher seconded. Motion passed unanimously. 11. Liquor Control Board: Mr. Boucher moved that the Council adjourn and reconvene as Liquor Control Board. Mr. Magowan seconded. Motion passed unanimously. Mr. Hafter presented a liquor license renewal application from Quarry Hill Club. He said the application was all in order. Mr. Magowan moved to approve the liquor license renewal of Quarry Hill Club as presented. Mr. Boucher seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement Orders were signed. 13. Executive Session: Mr. Boucher moved the Council meet in executive session to discuss personnel issues and to resume regular session only for the purpose of adjournment. Mr. Magowan seconded. Motion passed unanimously. CITY COUNCIL 5 MAY 2008 PAGE 7 14. Regular Session: The City Council returned to regular session. Mr. Magowan moved adjournment. Ms. Dooley seconded. The motion passed unanimously. The meeting adjourned at 10:00pm. Clerk STITZEL, PAGE &FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O.BOX 1507 BURLINGTON,VERMONT 05402-1507 (802)660-2555(VOICEITDD) STEVEN F.STITZEL FAX(802)660-2552 or 660-9119 OF COUNSEL PATTI R.PAGE' W W W.FIRMSPF.COM JOHN 1i.KLESCH ROBERT E.FLETCHER E-MAIL(FIRM2S55@FIRMSPF.COM) DINA L.ATWOOD JOSEPH S.McLEAN WRITER'S E-MAIL(SSTITZEL@FIRMSPF.COM) . AMANDA S.E.LAFFERTY WRITER'S FAX(802)660-2552 WILLIAM E.FLEImER ('ALSO ADMITTED IN N.Y.) May 16, 2008 Charles Hafter, Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Allen Road Land Company Property/Exit 12B Dear Chuck: As you are aware, the Official Map for the City of South Burlington identifies property that is proposed for development of an interchange for Interstate 89 and Hinesburg Road. This interchange is presently designated as Exit 12B. The. Allen Road Land Company is seeking approval to develop a parcel of land in the north east quadrant of the interchange. A portion of the subject parcel is identified on the Official Map as the site of a proposed "on ramp" . In a decision dated January 23, 2008, the Development Review. Board denied the requested • approval primarily because the proposed development conflicted with the proposed on ramp. Allen Road Land Company has appealed this denial to the Environmental Court. Pursuant to 24 V.S.A. §4421 (4) (A) , the City Council has 120 days from the date of the Development Review Board',s denial to commence condemnation proceedings to acquire the necessary land. If the City fails to do so, the Development Review Board will be obligated to review the proposed development without considering the conflict with the proposed on ramp. This will, in all likelihood, result in the Allen Road Land Company obtaining the approval it seeks. If the Allen Road Land Company then constructs the development and the City later acts to acquire the land needed for the on ramp, the City will be responsible for providing appropriate compensation for the impact on the development. ! • To commence condemnation proceedings at this time, the City Council needs to set a date for a public hearing. I have Charles Hafter, Manager City of South Burlington May 16, 2008 Page 2 attached a hearing notice sufficient to accomplish this. Setting this hearing does not obligate the City to complete the • condemnation process. If the Council decides at some point during the process that there is basis not to proceed, it can abandon the condemnation. • Sincerely, elk Steven F. St zel SFS/af Enclosure SON08-069.COR • CITY OF SOUTH BURLINGTON NOTICE OF PUBLIC HEARING FOR THE PURPOSE OF ACQUIRING LAND AND INTERESTS IN LAND FOR THE HINESBURG ROAD/INTERSTATE HIGHWAY 89 INTERCHANGE 12B PROJECT Notice is hereby given that the South Burlington City Council will hold a public hearing and conduct a site visit on July , 2008 for the purpose of inspecting lands and hearing testimony and comment regarding the necessity for acquiring land and rights in land in connection with the Hinesburg Road/Interstate Highway 89 Interchange 12B Project. At this hearing, the City Council will also hear testimony and comment regarding the compensation to be paid to the landowners for acquiring such lands and rights in land. The lands to be inspected and considered at this hearing are shown on a plan entitled, "City of South Burlington, Hinesburg Road/Interstate Highway 89 Interchange 12B Project, " dated 05/08 . This plan is available for review at the South Burlington City Offices during the offices' normal business hours . The hearing will begin at 7 PM on July , 2008, at the South Burlington City Offices, 575 Dorset Street, South Burlington, Vermont. The City Council will conduct the site visit following commencement of the hearing. For further information, please contact Charles Hatter, City Manager, at (802) 846-4107 . Dated this 19' day of May, 2008 . Chris Smith, City Council Chair son0R-00(:.fo A /0„,".......\-\\ South Burlington Public Works j � ��.��,, r� % 575 DORSET STREET �'�: SOUTH BURLINGTON,VERMONT 05403 y_,�, TEL:(802)658-7961 FAX: 802 658-7976 OFFICE ,� ( 104 LANDFILL RC May 16, 2008 To: Chuck Hafter, City Manager From: Bruce K. Hoar, Director Re: Area Calculation Ramp 12B Public Works was requested to calculate the approximate area for one leg of the proposed Exit 12B. Attached is a blow up of the plan sheet for the area in question. The area in question is designated by the red line and is approximately 1.23 acres. Chuck Hafter April 29, 2008 City Manager City of South Burlington Dorset Street South Burlington, VT 05403 Dear Chuck, This is to confiuii our discussion today regarding the prospective purchase by the airport of my property at 7 Shamrock Road. (One of the 3 remaining houses adjacent to the new Homeland Security Headquarter Facility) Enclosed is a copy of the letter I sent to Brian Searles, Director of Aviation outlining the ongoing promises the airport has made to purchase our property. Basically, we purchased the property with the idea of converting it to a duplex. There were some sewer issues at the site which delayed the original plans. For at least the last four years,however, we held off on our plans with the expectation that the airport would purchase our house in the next year's allocation ,and each year we got pushed back as other houses became the priority. We have continued to lose money holding this house,making repairs, trying to lease it for whatever we could get, etc. In the meanwhile the area has been rezoned to "Airport" which means we no longer have a conforming lot, we could not meet set back or sideline requirements to use the lot,no one would purchase the house next to the Helicopter Facility, the house on the Saint Michael's side of our house is being purchased by the airport, and the other neighbor (Brady) does not wish to sell due primarily to his age, until he dies, leaving our house the only remaining house on Shamrock Road. It makes no sense that the city of South Burlington would stop the airport from fulfilling what I consider it's obligation to purchase this property. After all if it were not for the promise of the airport to purchase the property, I would have opposed the zoning change or at least gotten a permit in advance of the zoning change so I could use the property and stop the bleeding. I understand that the City Council has put a moratorium on the airport purchasing houses other than those that were put on some priority list. I think that the airport inadvertently left my house off the list and I hope that the City Council can understand the frustration of owning a property that should not have been caught in the middle of a discussion which should not apply to this property. I believe the airport would go along with the purchase of my property if this correction could be made. I understand I will be able to speak to the City Council on May 16, 2008 at their meeting. Thank you for your consideration 3Res ectfully submitted, 'Jack Russell April 22, 2008 _ Brian Searles Director of Aviation 1200 Airport Drive South Burlington, VT 05403 Dear Brian, I am writing to you regarding a property that I own at 7 Shamrock Road in South Burlington, Vermont. For the past four years the airport was supposed to acquire my property. During that time we have had difficulty renting the property,have had to keep making repairs waiting for the airport to act ( our original intention was to coMert the property to a duplex). When we were told the airport was going to purchase the property, we abandoned our plans to build a duplex. Since then the area has been rezoned to" Airport Zone" so we cannot do anything with our property but to keep trying to rent it, make repairs, and lose money. With the change in zoning (which we would have opposed if it were not for the promise that the airport would purchase our property) the lot size is now too small to meet the requirements to build an airport related structure unless we try to create a PUD which is unlikely. What are we supposed to do? We cannot build a duplex as originally planned, we cannot build on a now undersized lot as determined by the new zoning,we cannot sell the property other than to the airport. I understand that you have already purchased all but 3 of the houses on this street and one neighbor does not wish to sell. I would hope, despite the recent stir in South Burlington about the airport buying houses, that you can see how even the South Burlington council should realize that there should not be housing, owned or rented, on Shamrock Road. Please let me know if the airport is going to be able to purchase my house in the next 3 to 6 months.Please let me know if we could meet to discuss possible solutions, Thanks for your consideration, des ect lly su Witted, /Jack Russell jIL- southburlington PLANNING ZONING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD AGENDA Tuesday, May 20, 2008 Deliberative Session 7:00pm Regular Meeting 7:30pm City Hall Conference Room, 575 Dorset Street 1. Other business/announcements. 2. Minutes of May 6, 2008. 3. Consent Agenda: a. Design Review application#DR-08-02 of Design Signs, Inc. seeking to obtain a new master signage permit for the properties located at 35 to 56 Timber Lane. The master signage permit would establish the design scheme for the freestanding and wall signs on the property. b. Design Review application#DR-08-03 of Patrick Malone requesting design review approval for the exterior modifications to a 33,733 sq. ft building consisting of office and retail food use, 222 Dorset Street. The subject property falls within Design District 1 of the City Center Design Review Overlay District. 4. Continued preliminary plat application#SD-07-76 and final plat application #SD-07-77 of Chittenden Bank re-opening the hearing to amend a previously approved planned unit development of 704,655 sq. ft. GFA shopping complex with 618,846 sq. ft. of GLA. The amendment consists of: 1) razing a 4879 sq. ft. drive-through bank, 2) constructing a 7310 sq. ft. drive-through bank, and 3) installing a 1330 sq. ft. temporary drive-through bank. This hearing is being re-opened to correct errors in the decision dated 12/13/07, 55 & 155 Dorset Street. 5. Final plat application#SD-08-23 of Sierra Pacific II amend a planned unit development consisting of 210 residential units, a 61 room hotel, a 20,000 sq. ft. movie theater building (1000 seats), a 22,500 sq. ft. restaurant/medical office/day care building, a 3500 sq. ft. restaurant with drive-through service, and a bank with drive-through service. The amendment consists of: 1) constructing a 4000 sq. ft. addition to the building at 7 Fayette Drive and 2) converting 17,900 sq. ft. of restaurant and indoor recreation use to retail use, 7 Fayette Drive. 575 Dorset Strut Sauna Suriang4Qn, YT 55403 Rai 802.545.4t08 fax 50 .545.4 D1 weNva.xburL.corn Development Review Board Agenda May 6, 2008 6. Site plan application#SP-08-30 of Randall Gaulin for a 528 sq. ft. accessory residential unit in a detached garage, 225 Hinesburg Road. 7. Site plan application #SP-08-27 of Leisure World, Inc. to amend a previously approved plan for a 1768 sq. ft. retail building. The amendment consists of: 1) constructing a 30' x 40' second story addition for retail use, and 2) constructing a 30' x 40' detached accessory structure, 1245 Airport Parkway. 8. Site plan application#SP-08-31 of Plumbing Investment, LLC to amend a previously approved plan for a 13,600 sq. ft. warehouse/storage building. The amendment consists of: 1) converting 6800 sq. ft. to contractor or building trade facility use, and 2) constructing an 800 sq. ft. second story addition for contractor or building trade facility use, 34 Commerce Avenue. 9. Preliminary plat application#SD-08-24 & final plat application #SD-08-25 of South Village Communities, LLC to amend a previously approved planned unit development of Phase I consisting of 156 residential units and a 100-student educational facility, of a 334 residential unit project. The amendment consists of: 1) subdividing a 1.05 acre lot (lot 4) into two (2) lots of 0.53 acres (lot 4A) and 0.52 acres (lot 4B), 64& 96 Aiken Street, and 2) increasing lot coverage waiver from 65% to 75%, 1840 Spear Street. 10.Site plan application#SP-08-34 of South Village Communities, LLC to construct a 12 unit multi-family dwelling, 64 Aiken Street. 11. Site plan application#SP-08-35 of South Village Communities, LLC to construct a 12 unit multi-family dwelling, 96 Aiken Street. Respec y Submi r ;Raym J. Belair Administrative Officer - 2 - CITY COUNCIL 21 APRIL 2008(unapproved) The South Burlington City Council held a regular meeting on Monday, 21 April 2008, at 7:00 p.m.,in the Conference Room, City Hall, 575 Dorset St. Members Present: C. Smith, Chair; M. Boucher, S. Dooley Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; R. Bliss, Police Association; J. Nadeau, CWD; J. Melville 1. Comments & Questions from the Audience,not related to Agenda items: Police Officer Bliss spoke to the issue of water infiltration in the Police facility. The Police had a study done to see if water intrusion was beginning to compromise the facility and causing health issues for the workers. The study found low traces of mold. The roof needs to be replaced and the building completely cleaned. Officer Bliss said the heating system has been cleaned. Mr. Gravelin said the city has begun to get some quotes to get the work done. A. C. Hawthorne is going to provide an assessment of the whole building. This will be compared to Tim Duff s study. Air ducts are currently being cleaned, and that work should be done next week. After that, the inside construction will be looked at(walls, ceilings, etc.) to see what needs to be done. Mr. Hafter stressed there is no disagreement about what needs to be done. He said he may have to come to the Council for authority to use funds from the Rooms &Meals tax. He felt a decision should be made at the second Council meeting in May. Mr. Boucher asked if this is considered a 2-3 year fix. Mr. Gravelin said he would ask how much time the work will buy. 2. Announcements and City Manager's Report: Ms. Dooley: Noted that Robert Putnam, Professor of Public Policy at Harvard University, will be speaking next Monday at UVM regarding the "rebuilding of America." Mr. Hafter said he is an excellent speaker and well worth hearing. Mr. Hafter: The City/Fire Department has been awarded a SAFER Grant which will be presented by Senators Leahy(VT) and Dodd(Connecticut). A letter to The Other Paper has been drafter by Mr. Magowan regarding the SAFER grant ballot item. Presentations will also be made at 3 schools, on Channel 17, at the Rotary, and at a Senior Center. A letter was received thanking the Police Department for not destroying the moose that recently appeared in the City but"shooing" it back to a safer place. CITY COUNCIL 21 APRIL 2008 PAGE 2 At a meeting with Airport Manager Brian Searles, a protocol has drawn us to address recent issues. The Airport will provide the city an annual plan for land acquisition and will defer to the city on objections. Land on Picard Circle will be upgraded with landscaping and berms within 60 days of the removal of houses. On 5 of May, Airport Master Plan consultants will visit the Airport. City representatives will attend that meeting. The master planning will be a public process, and the City of South Burlington will be invited to participate in the land use planning process. Mr. Boucher suggested noticing the Picard Circle about this. Ms. Dooley asked if soundproofing is included in the agreement. Mr. Halter said the city will want that as part of the plan. Mr. Halter stressed that the city is concerned with meeting standards; it does not want to decide which houses the Airport will buy. Mr. Hafter will attend the Lake Champlain Chamber of Commerce Board of Directors meeting on Wednesday. He will also attend the CCTA meeting. Mr. Magowan will then take over as CCTA representative. The next Council meeting agenda will include the Sign Ordinance amendments and a"local concerns"meeting regarding the proposed additional lane in front of Staples Plaza. A meeting on the same topic will be held on 14 May at UVM. 3. Public Hearing on Public Nuisance Ordinance; Second Reading of Same: Mr. Melville cited the problem with stereos and sound systems and said he would like to see an ordinance like the City of Burlington has. Mr. Smith said the proposed ordinance will address those issues. As there was no further public comment, Ms. Dooley moved to close the public hearing. Mr. Boucher seconded. Mr. Boucher then moved to waive the second reading and adopt the Public Nuisance Ordinance as presented. Ms. Dooley seconded. Motion passed unanimously. Mr. Hafter noted that this ordinance establishes graffiti as a civil penalty,but that does not take away the ability to have it charged as a criminal penalty. 4. Consideration of Approval of Vermont WARN, Mutual Aid Agreement for Water and Wastewater Utilities: Mr. Nadeau explained the WARN agreement. He noted there has been a strong push for intra-state agreements for water and wastewater utility operations. If the need arose, South Burlington could call on someone with appropriate skills for help. WARN is run by the utilities. Membership also enables the city to get FEMA reimbursement when CITY COUNCIL 21 APRIL 2008 PAGE 3 they step into an emergency. He urged the City of South Burlington to participate. Mr. Boucher moved to approve the WARN agreement for mutual aid for water and wastewater utilities as presented. Ms. Dooley seconded. Motion passed unanimously. 5. Review Minutes of 7 April 2008: Mr. Boucher moved to approve the Minutes of 7 April 2008 as written. Ms. Dooley seconded. Motion passed unanimously. 6. Sign Disbursement Orders: Disbursement orders were signed. 7. Consideration of Entertainment License Application from: American Cancer Society, Make Strides Against Breast Cancer Walk: Mr. Hafter said the application is in order. Mr. Boucher moved to approve the Entertainment License Application from the American Cancer Society for an event on 19 October 2008 as presented. Ms. Dooley seconded. Motion passed unanimously. 8. Liquor Control Board: Mr. Boucher moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Dooley seconded. Motion passed unanimously. Mr. Hafter presented a new Liquor License Application from Nothing But Noodles, 150 Dorset Street, and Liquor License Renewals from the following: Zen Garden, Orchid Restaurant, Shelburne Road Exxon, and Outback Steakhouse. He said that all the applications are in order. Mr. Boucher moved to approve the Liquor License Applications as presented. Ms. Dooley seconded. Motion passed unanimously. As there was no further business to come before the Council, the meeting was adjourned at 7:45 p.m. Clerk MINUTES (unapproved) Special Meeting South Burlington City Council Date: April 26, 2008 Members Present: Chris Smith, Chair; Steve Magowan, Sandra Dooley Others Present: Chuck Hafter, City Manager 1. Chris Smith opened the meeting at 9:45 am. Steve Magowan moved the approval of the Resolution Amending the City of South Burlington Annual City Meeting Warning. Sandra Dooley seconded. The motion passed 3-0. 2. Ms. Dooley moved the approval of the Warning for the City of South Burlington Annual City Meeting for May 20, 2008. Mr. Magowan seconded. The motion passed 3-0. 3. Mr. Magowan moved to adjourn. Ms. Dooley seconded. The motion passed 3-0 and the meeting adjourned at 9:55 am. Council Clerk New Regulations on State Property Tax Adjustments for Income Sensitivity Last year the state tax department rebated $5.2 million to the City of South Burlington that passed through to individual taxpayers as credits on the property tax bill. Prior to 2008, the City Council had decided to allocate the credit against the 1st tax installment, rather than prorate the credit equally to each of the three installments. This year, pursuant to legislative bill H-888, the state tax department will be modifying this approach by sending the property tax adjustments, or rebates, directly to the school district in three separate payments that correspond closely to our tax due dates. The City will continue to get the credit information to apply directly to the tax bill. Because the City will not receive the payment from the state in one lump payment, the credits will need to be prorated in three equal amounts and applied toward each of the property tax installments. Due to this legislative action, many of the City's residents who are eligible for the state property tax credits should be aware that the credit, unlike last year, will not fully pay the 1st installment due August 15, 2008. Early in July, each South Burlington resident qualifying for property tax adjustment will be sent a letter from the VT Department of Taxes with the detailed information pertaining to the subject property. The City tax bill will include the detailed municipal and education taxes followed by a line showing the state payment applied against the total tax. As this property tax assistance program is predicated on information filed with the state, the City will have no access to correct the data filed with the state. The City's Tax Department will do what it can to help residents navigate the process, although inaccuracy or miscalculation of the individual data will occur at the state level. Please call Martha at the City Tax Department (846-4109) if you have any questions regarding your property tax. The best way to address individual problems with the state tax adjustments will be to contact the Taxpayer Information Line at 1(866)-828-2865 (toll free in-state)or 1(802) 878-2865 (out-of-state). For more information about the property tax adjustment process go on-line to www.state.vt.us/tax . Denis Gravelin Assistant City Manager Y1/s7/LVYQ n_-ss s IQJVVL>VV Q:s7 roads APR-9-200B 11:04A FROM:CITY OF SOUTH BURLIN 80228464101 TO:9658914S P.2 CITY OF SOUTH BURLXNGToN ENTERTAINNENT LICENSE APPLICATION Type of Application CI Annual Permit ', Special Event Permit Date of Application: /_t L f 0 ' Name of Establishment: 0 r er Lr t-f ct.44-4r Address of Establishment: - I r- n rt e P S i- as tti!a rt,.r e G{ i e-4 eJ, "r. tl K56 Name and Address of Owner: Name and Address of Operator': , r 614- -�- -a , , n Bra- in 0, r Complete Description of Show: w ! !6 cl uN1 :+ts.. + C> r.,e et rk- t- ÷k 1-12f, .- d "1-4t r f L�i .N e Sit C"�" j?k 1'YiAL. ht"pp1 C} #1 a rrl `st-P1�t) ate: (Sad ri. - i Aist 4 1 --;(r (1 it k••♦ -fro",` ", 1 k . �n•W 1.7:.J T Date(s) of Show and Hour(s) of Operator: en, Date(s) �J t • Hours - t 113 •�- ut • Security Provisions: 17,1 et ste!� air s i-..�..r-'F t f mo F. I- _4.+ ,.A- "-/4-4-a -4-0L I , I t �j e p�-o i r ro u h . _t t — t a \e€ h. Aa applicant, I have read and understand the provision of the South Burlington ordinance Regarding Licensure of Regulation of Circuses, Carnivals and Other Shows. I also understand that only the specific type of entertainment applied for in this license is permitted and that additional types of e tertainment will require an additional application. Signattzr zWg —rouv.r. (v-€►r£F ram.A- s— vrr +vr •vvv +sue- +v•+r +n- ylyvvrr vvr APR-9-2008 11:05A FROM:CITY OF SOUTH BURLIN 8028464101 TO:96589145 P.3 South Burlington City Council Action: 1. Verification of license fee: (See Section 6 of Ordinance) City Manager 2. verication of approval standards: (See Section 4 of Ordinance; Council Chair 3• Application of License has been approved/disapproved by South Burlington City Council on cr vi _, A . a.00� 4. Special Conditions attached to License (See Section 5 -of Ordinance) . South Burlington City Council Chair Date be planned and developed responsibly. Land is expensive in this city and undesirable property for high density affordable housing is hard to find. This does not mean that the City has the right to devalue the properties of tax paying responsible middle income families by allowing overcrowded, unsafe, and incompatable housing with no legal access to be constructed at this site. There is also the future potential scenario that So. Burlington will have to buy this whole project and tear it down. This would be difficult to explain to the taxpayers of this city. 12. Protecting our homes from this irresponsible develoment has been a costly legal expense for the residents of Foxcroft Homeowners Association. Now is the time to transfer the burden of correcting this flawed decision making process to the City of South Burlington. 13. The residents of Derby Circle, Barnsley Street, Dover Street, Kinsington Street and Hayes Avenue will be in attendance at the City Council meeting on Monday, May 19th to address these concerns. The City failed us in their actions. We are not going to be the "out" for these mistakes. Is this City Council prepared to explain to the taxpayers why they need to appropirate funds to settle a lawsuit with the developer or to buy a housing project and tear it down? Respectfully, Sharon Carlson President Foxcroft Homeowners Association 6 Derby Circle So. Burlington, VT 05403 scderbycircle©comcast.net cc: Chris Smith, Chair Steve Magowan, Vice Chair Dan O'Rourke Mark L. Boucher Sandra Dooley, Clerk May 16, 2008 Mr. Chuck Hafter City Manager City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Allen Road Land Company Sketch Plan Application #SD-08-12 (in process) Final Plat Application #SD-07-64 (denied by DRB January 2008 and in appeal) Dear Mr. Halter: 1. As representative for residents of Foxcroft Homeowners Association (Derby Circle, Barnsley Street, Dover Street, Kinsington Street and part of Hayes Avenue) there are issues of concern that need to be brought to the City Council's attention regarding the above referenced applications for development. Allen Road Land Company (John Larkin) has proposed a Planned Unit Development consisting of 30 multi-family dwelling units in four buildings, with two existing single family dwellings at 725 Hinesburg Road and 18 Derby Circle. A similar application was denied by the DRB at the final plat level because there exists a high potential for conflict between the proposed private driveway to this property and the future northbound on-ramp for Exit 12B. 2. The proposed driveway at 725 Hinesburg Road is partly located within the lines of this possible future highway access ramp depicted on the City of South Burlington's Official Map. Proposed alternate access from this property to Hinesburg Road do not meet the minimum distance from a highway access ramp or a signaled intersection. Assuming the access ramp project is built with access lining up with Tilley Drive, alternate access points would not line up with anything and would be on a curve in an area of increasing traffic. 3. Mr. Larkin then purchased 18 Derby Circle (suggested by a city officiall) and proposed a 50-foot wide easement that would provide an alternate access via Derby Circle. At this time, Mr. Larkin does not have full legal right to cross this land. 18 Derby Circle is deeded property protected by the Covenants of Foxcroft Homeowners Association. These covenants restrict each lot "to be used for permanent single family residential purposes only". This access via Derby Circle would also require the City to condemn a substantial portion of Foxcroft Homeowners common land. Condemnation of land is necessiated for public use not for private development or personal gain. The City could be forced to buy this whole project and tear it down if it allows this developer to proceed with the existing driveway at 725 Hinesburg Road. Based on these issues, there is no legal access to these proposed 31 units of housing. 4. Derby Circle and it's neighboring streets were not built to sustain this level of additional traffic. There are several blind T-intersections and corners, many cars that park on the streets and no sidewalks. This is a small "family" neighborhood with lots of small children that are able to safely play in our streets due to the existing small volume of traffic. Increasing traffic by 31 additional family dwellings would produce a dangerous situation. No access, circulation or traffic management studies have been done for any of the proposed driveway access points to this project. 5. The Land Development Regulations require adequate parking areas and safe pedestrian movement for all new development. This project does not meet those requirements. Allen Road Land Co., on application #SD-07-64, was granted a parking waiver for only 60 parking spots, three of which are required to be handicapped-accessible. Regulations require that minimum required parking for 30-units is 68 parking spots. This waiver allows for no overflow parking. Are we going to allow vehicles to park along the corner of Rte. 116 or perhaps on Derby Circle and trespass to access this development? This site does not provide for safe pedestrian movement. The omission of any sidewalk on the developer's plans was addressed during the preliminary plat process. The sidewalk approved by the DRB to continue this application leads out and on to Rte. 116 about 110' north of the driveway. It was determined that a sidewalk adjacent to the driveway would be too dangerous! The closest connecting sidewalk is still several hundred feet to the north. When we addressed the safety concerns about this sidewalk to nowhere ending on the side of a dangerous road, on a curve with a high volume of traffic, we were told that this is a State highway, it is the State's problem to connect to the existing sidewalk. The DRB accepted this sidewalk for safe pedestrian movement. 6. The Land Development Regulations require that the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The existing and adjoining buildings are two-story single family homes and two-story condominiums. The proposed new development is three-story, some of which is only 17' from the adjoining property lines of single family homes. There are no "buffers, screens or visual interruptions to create attractive transitions between buildings". The proposed new structures do not "relate harmoniously to the existing buildings". 7. The Land Development Regulations require adequate snow storage. There is not adequate snow storage. Site plan shows that snow would have to be pushed to the back yards of adjoining Derby Circle residents. Developer states that they would "haul the snow out when necessitated"! 8. The proposed project is not consistent with the goals and objectives of the South Burlington Comprehensive Plan. It proposes a privately owned and maintained roadway, which the Plan strongly discourages and which interferes with the proposed 12B interchange. 9. Former Director of Planning and Zoning, Juli-Beth Hinds, in deposition, stated that she spoke to Paul O'Leary, engineer for John Larkin, about the feasability of buying a house on Derby Circle as a way to gain access to Derby Circle. She also stated that she spoke to John Larkin as well and "suggested that he and Paul look into it". "If he owned the house he could either remove it or gain an easement, bringing it out to Derby Circle". Apparantly there was disussion regarding neighbor concerns. In deposition Ms. Hinds was asked if she recalled telling John that she would "deal with the neighbors". Ms. Hinds denied that she said this. When asked if she knew John Larkin was buying the house she replied "I believe he told me, at a yoga class, I think I am going to buy that house." Considering that the Department of Planning and Zoning advises the DRB on how they should proceed with many development issues, one has to wonder how this flawed application made it all the way to Final Plat Application? There were safety issues brought up and ignored. Traffic studies were requested by concerned citizens and denied. In the preliminary plat process, only one member of the DRB physically looked at this site. He thought the density of the project was too high for the size of the site and also requested the board address the alternate access in lieu of the proposed 12B on-ramp. His requests and suggestions were never addressed and promptly dismissed. He no longer sits on the DRB. I attended all DRB meetings for these applications, dating back to September 2005, and wondered why all of the valid concerns, most of which are in So. Burlington's Land Development Regulations or Comprehensive Plan were overlooked. After sitting in during the deposition of the former Director of Planning and Zoning, Ms. Juli-Beth Hinds, I believe I understand how this may have happened. 10. The City previously approved residential development on this very land with substantially the same access on Rte. 116 to the previous owner of this property. However, the approved Chetti project accommodated the possibility of using this property's deeded right of way behind the Kinsington Condominiums out to Kinsington Street. The Allen Road Land Company's engineered project design (SD-07-64) does not accommodate the use of this right of way. The buildings are not situated to access the property from this side of the property. This deeded right of way is the only other legal access to this property, not Derby Circle. The City of South Burlington needs to insist that Allen Road Land Company submit a new application using this deeded right of way access with a project designed to accommodate this entry of access. If they let the existing project continue as it is, then the City can tear it down or build the new road to access it when necessitated. I'm sure the taxpayers will be very pleased with our city officials if this happens. 11. There is a need for high density housing in South Burlington but it needs to 000.111 ,, South Burlington Public Works Lit �,,it I 575 DORSET STREET ���1`� ;,�ijfi SOUTH BURLINGTON,VERMONT 05403 1,...._ ,,,, TEL:(802)658-7961 OFFICE N`' -.tr FAX(802)658-7376 you LANDFILLRc N May 16, 2008 To: Chuck Hafter, City Manager From: Bruce K. Hoar, Director Re: Area Calculation Ramp 12B Public Works was requested to calculate the approximate area for one leg of the proposed Exit 12B. Attached is a blow up of the plan sheet for the area in question. The area in question is designated by the red line and is approximately 1.23 acres. • STITZEL, PAGE& FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O.BOX 1507 BURLINGTON,VERMONT 05402-1507 (802)660-2555(VOICEITDD) STEVEN F.STITZEL FAX(802)660-2552 or 660-9119 OF COUNSEL PATTI R.PAGE' W W W.FIRMSPF.COM JOHN H.KLESCH ROBERT E.FLETCHER E-MA1 FIRM2555@FIRMSPF.COM) DINA L.ATWOOD JOSEPH S.McLEAN WRTTER'S E-MAIL(SSTITZ.ELLa FIRMSPF.COM) . AMANDA S.E LAFFERTY WRTTER'S FAX(802)660-2552 WILLIAM E.ELENDER ('ALSO ADMITTED IN N.Y.) May 16, 2008 Charles Hafter, Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Allen Road Land Company Property/Exit 12B Dear Chuck: As you are aware, the Official Map for the City of South Burlington identifies property that is proposed for development of an interchange for Interstate 89 and Hinesburg Road. This interchange is presently designated as Exit 12B. The. Allen Road Land Company is seeking approval to develop a parcel of land in the north east quadrant of the interchange. A portion of the subject parcel is identified on the Official Map as the site of a proposed "on ramp" . In a decision dated January 23, 2008, the Development Review Board denied the requested • approval primarily because the proposed development conflicted with the proposed on ramp. Allen Road Land Company has appealed this denial to the Environmental Court. Pursuant to 24 V.S.A. §4421 (4) (A) , the City Council has 120 days from the date of the Development Review Board' s denial to commence condemnation proceedings to acquire the necessary land. If the City fails to do so, the Development Review Board will be obligated to review the proposed development without considering the conflict with the proposed on ramp. This will, in all likelihood, result in the Allen Road Land Company obtaining the approval it seeks. If the Allen Road Land Company then constructs the development and the City later acts to acquire the land needed for the on ramp, the City will be responsible for providing appropriate compensation for the impact on the development. ' To commence condemnation proceedings at this time, the City Council needs to set a date for a public hearing. I have Charles Hafter, Manager City of South Burlington May 16, 2008 Page 2 attached a hearing notice sufficient to accomplish this. Setting this hearing does not obligate the City to complete the condemnation process. If the Council decides at some point during the process that there is basis not to proceed, it can abandon the condemnation. Sincerely, /. A. Steven F. St zel SFS/af Enclosure SON08-069.COR New Regulations on State Property Tax Adjustments for Income Sensitivity Last year the state tax department rebated $5.2 million to the City of South Burlington that passed through to individual taxpayers as credits on the property tax bill. Prior to 2008, the City Council had decided to allocate the credit against the 1st tax installment, rather than prorate the credit equally to each of the three installments. This year, pursuant to legislative bill H-888, the state tax department will be modifying this approach by sending the property tax adjustments, or rebates, directly to the school district in three separate payments that correspond closely to our tax due dates. The City will continue to get the credit information to apply directly to the tax bill. Because the City will not receive the payment from the state in one lump payment, the credits will need to be prorated in three equal amounts and applied toward each of the property tax installments. Due to this legislative action, many of the City's residents who are eligible for the state property tax credits should be aware that the credit, unlike last year, will not fully pay the 1st installment due August 15, 2008. Early in July, each South Burlington resident qualifying for property tax adjustment will be sent a letter from the VT Department of Taxes with the detailed information pertaining to the subject property. The City tax bill will include the detailed municipal and education taxes followed by a line showing the state payment applied against the total tax. As this property tax assistance program is predicated on information filed with the state, the City will have no access to correct the data filed with the state. The City's Tax Department will do what it can to help residents navigate the process, although inaccuracy or miscalculation of the individual data will occur at the state level. Please call Martha at the City Tax Department (846-4109) if you have any questions regarding your property tax. The best way to address individual problems with the state tax adjustments will be to contact the Taxpayer Information Line at 1(866)-828-2865 (toll free in-state)or 1(802) 878-2865 (out-of-state). For more information about the property tax adjustment process go on-line to www.state.vt.us/tax . Denis Gravelin , Assistant City Manager MINUTES Special Meeting South Burlington City Council Date: April 26, 2008 Members Present: Chris Smith, Chair; Steve Magowan, Sandra Dooley Others Present: Chuck Hailer, City Manager 1. Chris Smith opened the meeting at 9:45 am. Steve Magowan moved the approval of the Resolution Amending the City of South Burlington Annual City Meeting Warning. Sandra Dooley seconded. The motion passed 3-0. 2. Ms. Dooley moved the approval of the Warning for the City of South Burlington Annual City Meeting for May 20, 2008. Mr. Magowan seconded. The motion passed 3-0. 3. Mr. Magowan moved to adjourn. Ms. Dooley seconded. The motion passed 3-0 and the meeting adjourned at 9:55 am. Council Clerk New Regulations on State Property Tax Adjustments for Income Sensitivity Last year the state tax department rebated $5.2 million to the City of South Burlington that passed through to individual taxpayers as credits on the property tax bill. Prior to 2008, the City Council had decided to allocate the credit against the 1st tax installment, rather than prorate the credit equally to each of the three installments. This year, pursuant to legislative bill H-888, the state tax department will be modifying this approach by sending the property tax adjustments, or rebates, directly to the school district in three separate payments that correspond closely to our tax due dates. The City will continue to get the credit information to apply directly to the tax bill. Because the City will not receive the payment from the state in one lump payment, the credits will need to be prorated in three equal amounts and applied toward each of the property tax installments. Due to this legislative action, many of the City's residents who are eligible for the state property tax credits should be aware that the credit, unlike last year, will not fully pay the 1st installment due August 15, 2008. Early in July, each South Burlington resident qualifying for property tax adjustment will be sent a letter from the VT Department of Taxes with the detailed information pertaining to the subject property. The City tax bill will include the detailed municipal and education taxes followed by a line showing the state payment applied against the total tax. As this property tax assistance program is predicated on information filed with the state, the City will have no access to correct the data filed with the state. The City's Tax Department will do what it can to help residents navigate the process, although inaccuracy or miscalculation of the individual data will occur at the state level. Please call Martha at the City Tax Department (846-4109) if you have any questions regarding your property tax. The best way to address individual problems with the state tax adjustments will be to contact the Taxpayer Information Line at 1(866)-828-2865 (toll free in-state) or 1(802) 878-2865 (out-of-state). For more information about the property tax adjustment process go on-line to www.state.vt.us/tax . Denis Gravelin Assistant City Manager r .. Chuck Hafter April 29, 2008 City Manager City of South Burlington Dorset Street South Burlington, VT 05403 Dear Chuck, This is to confirm our discussion today regarding the prospective purchase by the airport of my property at 7 Shamrock Road. (One of the 3 remaining houses adjacent to the new Homeland Security Headquarter Facility) Enclosed is a copy of the letter I sent to Brian Searles, Director of Aviation outlining the ongoing promises the airport has made to purchase our property. Basically, we purchased the property with the idea of converting it to a duplex. There were some sewer issues at the site which delayed the original plans. For at least the last four years,however, we held off on our plans with the expectation that the airport would purchase our house in the next year's allocation ,and each year we got pushed back as other houses became the priority. We have continued to lose money holding this house, making repairs, trying to lease it for whatever we could get, etc. In the meanwhile the area has been rezoned to "Airport" which means we no longer have a conforming lot, we could not meet set back or sideline requirements to use the lot,no one would purchase the house next to the Helicopter Facility, the house on the Saint Michael's side of our house is being purchased by the airport, and the other neighbor (Brady) does not wish to sell due primarily to his age, until he dies, leaving our house the only remaining house on Shamrock Road. It makes no sense that the city of South Burlington would stop the airport from fulfilling what I consider it's obligation to purchase this property. After all if it were not for the promise of the airport to purchase the property, I would have opposed the zoning change or at least gotten a permit in advance of the zoning change so I could use the property and stop the bleeding. I understand that the City Council has put a moratorium on the airport purchasing houses other than those that were put on some priority list. I think that the airport inadvertently left my house off the list and I hope that the City Council can understand the frustration of owning a property that should not have been caught in the middle of a discussion which should not apply to this property. I believe the airport would go along with the purchase of my property if this correction could be made. I understand I will be able to speak to the City Council on May 16, 2008 at their meeting. Thank you for your consideration Reectfully submitted, 'Jack Russell April 22, 2008 Brian Searles Director of Aviation 1200 Airport Drive South Burlington, VT 05403 Dear Brian, I am writing to you regarding a property that I own at 7 Shamrock Road in South Burlington, Vermont. For the past four years the airport was supposed to acquire my property. During that time we have had difficulty renting the property,have had to keep making repairs waiting for the airport to act ( our original intention was to coMert the property to a duplex). When we were told the airport was going to purchase the property, we abandoned our plans to build a duplex. Since then the area has been rezoned to" Airport Zone" so we cannot do anything with our property but to keep trying to rent it, make repairs, and lose money. With the change in zoning (which we would have opposed if it were not for the promise that the airport would purchase our property) the lot size is now too small to meet the requirements to build an airport related structure unless we try to create a PUD which is unlikely. What are we supposed to do? We cannot build a duplex as originally planned, we cannot build on a now undersized lot as determined by the new zoning ,we cannot sell the property other than to the airport. I understand that you have already purchased all but 3 of the houses on this street and one neighbor does not wish to sell. I would hope, despite the recent stir in South Burlington about the airport buying houses, that you can see how even the South Burlington council should realize that there should not be housing, owned or rented, on Shamrock Road. Please let me know if the airport is going to be able to purchase my house in the next 3 to 6 months.Please let me know if we could meet to discuss possible solutions, Thanks for your consideration, Res ect lly su Witted Jack Russell NMI I MI t#INN----tom---M MI MINI MO I ..... —NMI MI Mil---- INN s, OFFICIAL BALLOT ANNUAL CITY AND SCHOOL MEETING s, CITY OF SOUTH BURLINGTON, VERMONT .. ME MAY 20, 2008 IIME INSTRUCTIONS TO VOTERS A. TO VOTE FOR a person whose name is printed on the ballot fill in the oval to the right of the name of the person. •2.1 �.. B. TO VOTE FOR a person whose name is not printed on the ballot,write or stick his or her name in the blank space provided and fill in the oval to the right of the t� w write-in line. NMI — C.TO VOTE IN FAVOR of the article,complete the oval to the right of the "YES." •. TO VOTE AGAINST the article,fill in the oval to the right of the word "NO." s. FOR CITY COUNCIL FOR CITY CLERK FOR SCHOOL DIRECTOR _ (Vote for not (Vote for not (Vote for not for 3 Years more than ONE) for 3 Years more than ONE) for 2 Years more than ONE) imr NM MARK BOUCHER ' O DONNA S.KINVILLE 0 ZABETH FITZGERALD O me (Write-In) 0_ (WrIte-In) (Write-In) 0 non e� FOR CITY COUNCIL FOR WATER 0 HOOL DIRECTOR ..e (Vote for not ss• for 2Years more awnONEt COMMISSIOror rtwrethenoNE) ▪ MEAGHAN EMERY 0 for 3Years NINE ALLO 0 I" MN TIM KACZMAREK 0 PETER L.JAC ROBERT Cx DIFERDINANDO O .� Nitean) O lean) 0 (Write-In) O lam ss• - .. CI V I S Bei ICL. I APPRO . :UDGET Shall the City adopt the City Councir= - ed bu.t or 2008-2009 totaling$19,142,974.00 of which it is YES O Imo estimated$9,084,353.00 will be raise. • xes? NO Oam tee cio 111 ▪ Shall the voters allocate m• 11.00 of revenue from the City sales tax collected during the pari- ng' od July 1,2008 through • 2017 fund a portion of the cost of salaries and benefits of six(8)firefight-YES O — er/emergency medical technician • -• -I to be hired during FY2009,provided the City is awarded a Staffing mil for Adequate Fire and Emerge a grant from the US Department of Homeland Security,in a minimum NO 0 e� amount of$602,000.00,payable • e City over a period of four(4)fiscal years commencing July 1,2008? tee Article IV tts• Proposed Increase in Disabled Veteran's Property Tax Exemption mie Shall the voters approve an increase from$20,000 of appraised value to$40,000 of appraised value in the prop- NMI erty tax exemption available for a veteran of any war or a veteran who has received an American Expeditionary gm Medal,his or her spouse,widow,widower or child,or Jointly by any combination of them,If one or more of them YES 0 m• are receiving disability compensation for at least 50 percent disability,death compensation,dependence and indemnity compensation,or pension for disability paid through any military department or the veterans adminis- NO Oion ra tration,all as authorized by 32 V.S.A.§3802(11)? _ma • SCHOOL ARTICLES ARTICLE II l BUDGET YES 0 nio am Shall the voters of the City of South Burlington School District appropriate THIRTY EIGHT MILLION TWO HUN- NO O .. DRED FIFTY THOUSAND NINE HUNDRED EIGHTY EIGHT AND 00/100 DOLLARS($38,250,988.00)neces- sary for the support of its schools for the year beginning July 1,2008? ors ARTICLE III WOOD CHIP BOILER HEATING FACILITY ma's Shall the voters of the City of South Burlington School District continue to expend funds from the bond approved YES 0 1" on May 17,2005 to develop the Wood Chip heating facility at the South Burlington High School/Middle School NO O —property as previously approved by the voters of the City of South Burlington on December 19,2006? es. May 16, 2008 Mr. Chuck Hafter City Manager City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Allen Road Land Company Sketch Plan Application #SD-08-12 (in process) Final Plat Application #SD-07-64 (denied by DRB January 2008 and in appeal) Dear Mr. Hafter: 1. As representative for residents of Foxcroft Homeowners Association (Derby Circle, Barnsley Street, Dover Street, Kinsington Street and part of Hayes Avenue) there are issues of concern that need to be brought to the City Council's attention regarding the above referenced applications for development. Allen Road Land Company (John Larkin) has proposed a Planned Unit Development consisting of 30 multi-family dwelling units in four buildings, with two existing single family dwellings at 725 Hinesburg Road and 18 Derby Circle. A similar application was denied by the DRB at the final plat level because there exists a high potential for conflict between the proposed private driveway to this property and the future northbound on-ramp for Exit 12B. 2. The proposed driveway at 725 Hinesburg Road is partly located within the lines of this possible future highway access ramp depicted on the City of South Burlington's Official Map. Proposed alternate access from this property to Hinesburg Road do not meet the minimum distance from a highway access ramp or a signaled intersection. Assuming the access ramp project is built with access lining up with Tilley Drive, alternate access points would not line up with anything and would be on a curve in an area of increasing traffic. 3. Mr. Larkin then purchased 18 Derby Circle (suggested by a city officiall) and proposed a 50-foot wide easement that would provide an alternate access via Derby Circle. At this time, Mr. Larkin does not have full legal right to cross this land. 18 Derby Circle is deeded property protected by the Covenants of Foxcroft Homeowners Association. These covenants restrict each lot "to be used for permanent single family residential purposes only". This access via Derby Circle would also require the City to condemn a substantial portion of Foxcroft Homeowners common land. Condemnation of land is necessiated for public use not for private development or personal gain. The City could be forced to buy this whole project and tear it down if it allows this developer to proceed with the existing driveway at 725 Hinesburg Road. Based on these issues, there is no S , legal access to these proposed 31 units of housing. 4. Derby Circle and it's neighboring streets were not built to sustain this level of additional traffic. There are several blind T-intersections and corners, many cars that park on the streets and no sidewalks. This is a small "family" neighborhood with lots of small children that are able to safely play in our streets due to the existing small volume of traffic. Increasing traffic by 31 additional family dwellings would produce a dangerous situation. No access, circulation or traffic management studies have been done for any of the proposed driveway access points to this project. 5. The Land Development Regulations require adequate parking areas and safe pedestrian movement for all new development. This project does not meet those requirements. Allen Road Land Co., on application #SD-07-64, was granted a parking waiver for only 60 parking spots, three of which are required to be handicapped-accessible. Regulations require that minimum required parking for 30-units is 68 parking spots. This waiver allows for no overflow parking. Are we going to allow vehicles to park along the corner of Rte. 116 or perhaps on Derby Circle and trespass to access this development? This site does not provide for safe pedestrian movement. The omission of any sidewalk on the developer's plans was addressed during the preliminary plat process. The sidewalk approved by the DRB to continue this application leads out and on to Rte. 116 about 110' north of the driveway. It was determined that a sidewalk adjacent to the driveway would be too dangerous! The closest connecting sidewalk is still several hundred feet to the north. When we addressed the safety concerns about this sidewalk to nowhere ending on the side of a dangerous road, on a curve with a high volume of traffic, we were told that this is a State highway, it is the State's problem to connect to the existing sidewalk. The DRB accepted this sidewalk for safe pedestrian movement. 6. The Land Development Regulations require that the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The existing and adjoining buildings are two-story single family homes and two-story condominiums. The proposed new development is three-story, some of which is only 17' from the adjoining property lines of single family homes. 'There are no "buffers, screens or visual interruptions to create attractive transitions between buildings". The proposed new structures do not "relate harmoniously to the existing buildings". 7. The Land Development Regulations require adequate snow storage. There is not adequate snow storage. Site plan shows that snow would have to be pushed to the back yards of adjoining Derby Circle residents. Developer states that they would "haul the snow out when necessitated"! 8. The proposed project is not consistent with the goals and objectives of the South Burlington Comprehensive Plan. It proposes a privately owned and maintained roadway, which the Plan strongly discourages and which interferes with the proposed 12B interchange. 9. Former Director of Planning and Zoning, Juli-Beth Hinds, in deposition, stated that she spoke to Paul O'Leary, engineer for John Larkin, about the feasability of buying a house on Derby Circle as a way to gain access to Derby Circle. She also stated that she spoke to John Larkin as well and "suggested that he and Paul look into it". "If he owned the house he could either remove it or gain an easement, bringing it out to Derby Circle". Apparantly there was disussion regarding neighbor concerns. In deposition Ms. Hinds was asked if she recalled telling John that she would "deal with the neighbors". Ms. Hinds denied that she said this. When asked if she knew John Larkin was buying the house she replied I believe he told me, at a yoga class, I think I am going to buy that house." Considering that the Department of Planning and Zoning advises the DRB on how they should proceed with many development issues, one has to wonder how this flawed application made it all the way to Final Plat Application? There were safety issues brought up and ignored. Traffic studies were requested by concerned citizens and denied. In the preliminary plat process, only one member of the DRB physically looked at this site. He thought the density of the project was too high for the size of the site and also requested the board address the alternate access in lieu of the proposed 12B on-ramp. His requests and suggestions were never addressed and promptly dismissed. He no longer sits on the DRB. I attended all DRB meetings for these applications, dating back to September 2005, and wondered why all of the valid concerns, most of which are in So. Burlington's Land Development Regulations or Comprehensive Plan were overlooked. After sitting in during the deposition of the former Director of Planning and Zoning, Ms. Juli-Beth Hinds, I believe I understand how this may have happened. 10. The City previously approved residential development on this very land with substantially the same access on Rte. 116 to the previous owner of this property. However, the approved Chetti project accommodated the possibility of using this property's deeded right of way behind the Kinsington Condominiums out to Kinsington Street. The Allen Road Land Company's engineered project design (SD-07-64) does not accommodate the use of this right of way. The buildings are not situated to access the property from this side of the property. This deeded right of way is the only other legal access to this property, not Derby Circle. The City of South Burlington needs to insist that Allen Road Land Company submit a new application using this deeded right of way access with a project designed to accommodate this entry of access. If they let the existing project continue as it is, then the City can tear it down or build the new road to access it when necessitated. I'm sure the taxpayers will be very pleased with our city officials if this happens. 11. There is a need for high density housing in South Burlington but it needs to be planned and developed responsibly. Land is expensive in this city and undesirable property for high density affordable housing is hard to find. This does not mean that the City has the right to devalue the properties of tax paying responsible middle income families by allowing overcrowded, unsafe, and incompatable housing with no legal access to be constructed at this site. There is also the future potential scenario that So. Burlington will have to buy this whole project and tear it down. This would be difficult to explain to the taxpayers of this city. 12. Protecting our homes from this irresponsible develoment has been a costly legal expense for the residents of Foxcroft Homeowners Association. Now is the time to transfer the burden of correcting this flawed decision making process to the City of South Burlington. 13. The residents of Derby Circle, Barnsley Street, Dover Street, Kinsington Street and Hayes Avenue will be in attendance at the City Council meeting on Monday, May 19th to address these concerns. The City failed us in their actions. We are not going to be the "out" for these mistakes. Is this City Council prepared to explain to the taxpayers why they need to appropirate funds to settle a lawsuit with the developer or to buy a housing project and tear it down? Respectfully, Sharon Carlson President Foxcroft Homeowners Association 6 Derby Circle So. Burlington, VT 05403 scderbycircle@comcast.net cc: Chris Smith, Chair Steve Magowan, Vice Chair Dan O'Rourke Mark L. 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