HomeMy WebLinkAboutAgenda - City Council - 10/20/2008 el/11P*
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°+r owN M'B° AGENDA CITY MANAGER
CHARLES E. HAFTER
SOUTH BURLINGTON CITY COUNCIL
CITY 1-MLL CONFERENCE ROOM
575 Dorset St
SOUTH BURLINGTON, VERMONT
Regular Session 7:00pm Monday, Oct. 20, 2008
1) Comments and Questions from the public (not related to the Agenda).
2) Announcements and City Manager's Report.
* 3) Consideration of approval of recommendation from City Services Funding Committee on
allocation of social services funding for FY 2009.
4) Council discussion of citizen request for City legal services to draft a Charter Amendment.
* 5) First Reading of proposed South Burlington Tree Ordinance; Scheduling of Second Reading
for same.
* 6) Discussion and presentation of Sign Ordinance Compliance; Paul Conner, Director of
Planning & Zoning.
* 7) Consideration of Approval to Apply for $15,000 Municipal Planning Grant.
* 8) Review agenda for Development Review Board meeting to be held Tuesday, Oct. 21, 2008.
* 9) Review and approve minutes from City Council/Town Meeting held Oct. 2, 2008.
* 10)Review and approve minutes from regular City Council meeting held Oct. 6, 2008.
* 11)Reconvene as Liquor Control Board to consider Liquor License for: Charlie's on Fire, LLC
(Chicken Charlie's) 1160 Williston Rd.
* 12)Consider entering Executive Session to discuss condemnation, real property acquisitions
and appointments to Commissions.
13)Adjourn
Respectfully Submitted: c_____D...4„........./
Charles Hafter, City Manager
South Burlington Planning Commission
:et 575 Dorset Street
e1 South Burlington,VT 05403
(802) 846-4106
�.� www.sburl.com
Meeting Tuesday, October 28, 2008
7:30 pm
City Hall Conference Room, 575 Dorset Street
AGENDA:
1. Other Business (5 mins)
2. Approve minutes of last meeting: October 14, 2008 (5 mins)
3. Planning Commission project list 2008-09 (20 mins)
a. Consideration of Planning Commission roles
4. City Center status update / consideration of next steps (45 mins)
5. Southeast Quadrant agricultural mitigation / outreach strategies (30 mins)
Respectfully submitted,
/,</a,<7,47„.„
Paul Conner,AICP
Director of Planning &Zoning
Discussion of process for Public Hearing on November 3, 2008
REQUIRMENTS
• This is a required Public Hearing on the ballot item which is different the Town
Meeting.
• This is a City Council meeting and Council is conducting the warned Public
Hearing. Council opens the meeting with Pledge and the Chair opens Public
Hearing on ballot item. Council needs to vote to close Hearing.
• Council Chair should be "moderator". Questions and comments should be
addressed to the Council Chair.
• As at all Public Hearings, the public may ask questions, make comments and
statements are welcome.
• Council'members may respond to questions and comments, or ask others to do so.
QUESTIONS:
• Should any committee members and those opposed sit with Council?
Separate table up front? Who else?
• Should there be any presentations to set the context? Or can Chris do that at the
start of the Hearing? chris should read the Ballot question. We can have copies
available.
• Should there be a speakers list? Signed up speakers go according to list—then if
time remains others can speak.
• Should there be a designated speaker's table? Better for TV sound, control of
meeting.
• Should there be a time limit on speakers? How long?
• Time limit for meeting(two hours?) or go until all have spoken at least one time.
• Does each Councilor want the opportunity to make a closing statement after the
Public Hearing is closed? Or a summation from Chris and Sandy?
M,,u.uNor
City of South Burlington
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FIRST, SECOND CLASS AND CABARET LICENSE APPLICATION
FULL NAME OF PERSON, PARTNERSHIP, CORPORATION
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DOING BUSINESS AS/T ENAME
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FIRST CLASS SECOND CLASS CABARET
DATE RECEIVED BY CLERKS OFFICE �I a5./ `oog
out urlington Police e me
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Chief Trevor S. Whipple Date
S uth 3 ington F. e Department
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Chief Douglas S. Brent Date
South Burlington Tax Department
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Martha Lyons, Deputy T ' Collector Date
Date Sent to
Montpelier:
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southburlington
PLANNING & ZONING
SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD
AGENDA
Tuesday, October 21, 2008 7:30 p.m.
City Hall Conference Room, 575 Dorset Street
1. Other business and announcements.
2. Minutes of October 7, 2008.
3. Final plat application#SD-08-50 of William E. Dailey Ill to amend a previously
approved five (5) lot subdivision. The amendment consists of: 1) eliminating a
row of cedar trees along the wetland buffer, and 2) reducing the amount of
required landscaping bond, 1500 Dorset Street.
4. Final plat application#SD-08-49 of Marie Dubois to subdivide a 4.59 acre parcel
into two lots of 4.11 acres and 0.48 acres and add the 0.48 acre parcel to the
adjoining 5.30 acre"parcel to create a 5.78 acre parcel, 1405 Hinesburg Road.
5. Continued final plat application#SD-08-34 of Dorset Street Associates LLC &
G&A Associates, LLC, to amend a planned unit development consisting of 149
residential units. The amendment consists of: 1) adding 30 acres to the project
area, 2) constructing 79 single family dwellings, and 3) constructing 30 multi-
family dwelling units, 1530 Dorset Street (Chittenden Cider Mill).
Resp ull Submitted,
R ym nd J. Belair
Administrative Officer
cloto404.
southburlington
PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council
FROM: Paul Conner, Director of Planning& Zoning PG ,
SUBJECT: Consideration of Approval to Apply for$15,000 Municipal Planning Grant
DATE: October 20, 2008
The Vermont Department of Housing and Community Affairs is again offering its Municipal
Planning Grant program to qualifying municipalities. Communities are eligible for a maximum
of$15,000 to complete projects related to the state's planning goals. No match is required under
this program.
The City's Planning & Zoning Department proposes to apply for funds to complete revisions to
the Comprehensive Plan. The current plan, last amended in 2006, included only a handful of
revisions from the previous edition. The City therefore applied for and received a Municipal
Planning Grant in FY '07 to begin a complete revision process. That grant was closed out
successfully earlier this year. With half of the work complete, the Department is seeking funds to
finish the amendments in time for adoption in late 2009 or early 2010, in advance of our state-
mandated deadline of March 2011. Completing the Plan as soon as possible will be important in
ensuring support for ongoing projects in the City, including City Center, the proposed
transportation upgrades, and others.
Work under this grant will'include:
1. Hosting a series of community workshops, meetings, and outreach efforts throughout the
process to ensure the Plan continues to be a truly community-based document;
2. Completing the Future Land Use chapter, with an emphasis on the City Center section,
which is several years out of date;
3. Completing the "Grey Infrastructure" (water, wastewater, emergency services, etc.)
element;
4. Preparing a new element on energy planning, building upon work being done by the City,
the School Board, and changing realities over the past eight years; and,
5. Refining goals and policies throughout the plan.
The Department of Planning and Zoning has solicited an estimate for this additional work from
the company that assisted us with the first half of the Plan update. We request an authorization
from City Council to apply for up to $15,000.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Discussion of process for Public Hearing on November 3, 2008
REQUIRMENTS
• This is a required Public Hearing on the ballot item which is different the Town
Meeting.
• This is a City Council meeting and Council is conducting the warned Public
Hearing. Council opens the meeting with Pledge and the Chair opens Public
Hearing on ballot item. Council needs to vote to close Hearing.
• • Council Chair should be"moderator". Questions and comments should be
addressed to the Council Chair.
• As at all Public Hearings, the public may ask questions, make comments and
statements are welcome.
• Council members may respond to questions and comments, or ask others to do so.
QUESTIONS:
• Should any committee members and those opposed sit with Council?
Separate table up front? Who else?
• Should there be any presentations to set the context? Or can Chris do that at the
start of the Hearing? Chris should read the Ballot question. We can have copies
available.
• Should there be a speakers list? Signed up speakers go according to list—then if
time remains others can speak.
• Should there be a designated speaker's table? Better for TV sound, control of
meeting.
• Should there be a time limit on speakers? How long?
• Time limit for meeting(two hours?) or go until all have spoken at least one time.
• Does each Councilor want the opportunity to make a closing statement after the
Public Hearing is closed? Or a summation from Chris and Sandy?
Discussion of process for Public Hearing on November 3, 2008
REQUIRMENTS
• This is a required Public Hearing on the ballot item which is different the Town
Meeting.
• This is a City Council meeting and Council is conducting the warned Public
Hearing. Council opens the meeting with Pledge and the Chair opens Public
Hearing on ballot item. Council needs to vote to close Hearing.
• • Council Chair should be "moderator". Questions and comments should be
addressed to the Council Chair.
• As at all Public Hearings, the public may ask questions, make comments and
statements are welcome.
• Council members may respond to questions and comments, or ask others to do so.
QUESTIONS:
• Should any committee members and those opposed sit with Council?
Separate table up front? Who else?
• Should there be any presentations to set the context? Or can Chris do that at the
start of the Hearing? Chris should read the Ballot question. We can have copies
available.
• Should there be a speakers list? Signed up speakers go according to list—then if
time remains others can speak.
• Should there be a designated speaker's table? Better for TV sound, control of
meeting.
• Should there be a time limit on speakers? How long?
• Time limit for meeting(two hours?) or go until all have spoken at least one time.
• Does each Councilor want the opportunity to make a closing statement after the
Public Hearing is closed? Or a summation from Chris and Sandy?
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southburlington
PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council
FROM: Paul Conner, Director of Planning& Zoning PC-
SUBJECT: Sign Ordinance Presentation/Discussion
DATE: October 20, 2008
As you know, the City's sign ordinance has a clause in that states that as of June 3, 2009 (7 years
after the adoption of the ordinance), all signs that are not in conformance will be required to
come into compliance.
The City has had sign ordinances in place for many years, and they have served us well. In 2002,
it was determined that the time had come to address signs more proactively by setting a
timeframe for non-conforming signs to be changed or replaced.
The seven-year amortization timeframe was put into place to ensure that landowners were given
fair time to receive value from signs they had installed and to put in place new signs. Many
businesses have done so. In the past 6'/2 years, the City has approved over 500 sign permits; all
new signs permitted in that time are fully in conformance with the law.
Enclosed is a presentation outlining the key opportunities, obstacles, and strategies to address
this issue over the next.year. Please feel free to share any questions, comments, or observations
concerning the ordinance and proposed action plan at Monday's Council meeting.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
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Signs and the City: The Ordinance in a Nutshell (I)
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The June 3 Deadline • Addresses all sighs,with focus on commercial
Regulates all types(free standings,wall,in-
• signg �
_' window,temporary,etc.)
SHERATON • Lists exemptions,including street signs,holiday
: decorations,public signs,ADA, etc. ,;k
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City Council Ordinance,enforced by a
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The Ordinance in a Nutshell. (II) Why the City has an. Ordinance
• Free-standing signs: 1') • Allow for sign that are appropriate to the land.
—Area:32 to 40 sq.ft., plus additions based on lot building, or use and be adequate,but not excessiFe,
frontage or building size for the intended purpose of identification
— Number: One street entrance(min 300'apart)
— Height: maximum 15' • Reduce traffic:accidents resulting from distraction
-Setback: Minimum of 5'to 20',depending on size ?` • Curb deterioration of the City's natural beauty,
49 —Structure: Several options presented open space, and community
Wall Signs: • Aso .. ensure a level playing field
o r< • , .l.so.., avert potent►al sign ``arms races"
-Area: 15/° or 100 sq.ft.of the facade for any sigh; l
34 5%,of.principal façade for altsigns(increased if no
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4.1 free-standing sign) i
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Applying the 2002 Ordinance What Happens in Summer 2009
I• 529 permits have been issued for permanent signs • What the Ordinance was passed,signs were given
l''since June 3,2002 a 7-year amortization period
• On June 3 2009,all signs not meeting the current
• All newly built signs are fully in compliance requirements will be illegal,
• Replaced or changed a„. -• Primarily an issue of free-standing signs
signs are either in — Too Big
compliance or closer 4 ` - Too Tall Our Estimate:
` 20-25%F of free-
to compliancef. n: w r ' - — Too many on a property
t '_ standing signs are
— Too close to the road
non-conforming
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Examples Examples
• Too Big • Too Tall • Too Many • Too Close to Road
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Strategy (Winter / Spring), Assistance/Enforcement Options
• Warning Previously Provided by the City A,
n: 1. Laissez-Faire
—Applicants proposing changes since 2002 have
been warned that signs must conform by2009 Wait for landowners to
9 a)proach the City for 1
— Local sign companies are aware canges;repairs , `"
conformance at that time `F
• Step One: Provide Advance Notice P,
—Send letter to all commercial property owners 2. Proactive
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Work methodically with
1 — Host a Q&A workshop for sign companies landowners to resolve
I - Post information on City website 1 problems;enforce where
—Work with Other Paper to write article 4 necessary
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Recommendation Recognizing our Limitations
• A proactive approach will be more equitable and • Precise property line not always known by City;on
cost-efficient.The seven-year grace period was our own,it would not be cost effective to try to
intended to be the "laissez-faire"time. measure these lines
— Begin with most clear problems
• Sign letter heights may not always to possible to
-- Contact landowner personally,offer assistance judge without using a ladder or climbing over bushes.
- Be flexible and support good-faith efforts r,t, We'll need to be careful not to create liability
- Be equitable and methodical by land use type problems and/or creating PR nightmare overviolations we can't see from the street.
— City will need to hire an intern/temporary employee
to support the Administrative Officer with outreach,
letters,photos
3
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Issues Council Will Face (I) Issues Council Will Face (II)
• "We need to have the existing sign(s) to • 'The cost of replacement is too high,
stay in business" especially in today's economic climate"
—This is a fairness issue. For every one "hardship", —The City is sensitive to these costs.This was a
11 there are many who have complied with the new major reason for why a seven-year grace period
rules.Not taking action punishes those who have A was provided.
complied. — Enforcement does not have to mean issuing formal
—The ordinance also provides multiple alternatives. violations and fines immediately.The City can
There is no"right"to have one type of sign or provide flexibility to those making good-faith efforts
kf another. such as hiring a designer,applying for permits,
replacing signs on a schedule,etc.
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Issues Council Will Face (III)
• "Our.sign is a part of the community's
history"
—There are relatively few of these,but they must be
treated equally.The City can work with these
property owners to identify how these signs could
be moved or modified to become,conforming.
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PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council
FROM: Cathyann LaRose, Associate Planner
RE: Proposed South Burlington Tree Ordinance
DATE: October 15, 2008
Thank you in advance for considering the South Burlington Tree Ordinance which is
proposed before you. This proposed ordinance is a compilation of very dedicated work,
coordinated by a talented and committed group of citizens that make up the South
Burlington Natural Resources Committee, aided and guided by an equally enthusiastic
cross-departmental staff.
The benefits of a tree ordinance are plentiful. As stated in the document, the overriding
purpose of the ordinance is to "protect the public healthy, safety, and general welfare of
the citizens of the City of South Burlington by providing for the regulation of planting,
maintenance, protection, and removal of trees and shrubs on public streets, parks, and
city-owned properties.
Trees provide a range of environmental, social, and economic benefits. They filter
pollutants, provide shade, create desirable living spaces, increase property value, attract
shoppers and businesses, and even help control stormwater runoff. The City of South
Burlington has long acknowledged these benefits and has required that all new
developments and most re-developments meet a minimum landscaping budget; new street
trees are required for all public streets in a subdivision or planned unit development.
However, a tree is not a static item. To ensure their continued health, the City must also
provide for the regulation regarding the maintenance, protection and, when necessary,
removal of its public trees. Additionally, the City should have the authority to act when a
private tree presents an unreasonable risk of property damage or bodily injury occurring
within a public right of way.
A tree ordinance is also a required component of becoming a Tree City USA, a program
sponsored by the Arbor Day Foundation in cooperation with the USDA Forest Service.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
There are currently over 3,000 communities in the nation that are designated as a Tree
City USA. Being a Tree City USA would better enable the City to provide education on
its finite natural resource, bolster public image, and activate community pride. Being a
designated Tree City USA also provides priority with certain grant applications. With
limited funding, grantors may be more likely to invest in a community with an
established interest in its green health.
Recognizing this, I began to work with the Natural Resources Committee (NRC) and the
City Arborist in the summer of 2006 to identify the community values, needs, and goals
that should be reflected in an ordinance. In early 2007, the NRC met with Danielle Fitzco
of the Vermont Urban and Community Forestry Program to address concerns and refine
the draft. The NRC continued to work on the draft with further refinements and presented
a draft to the City Attorney's office in the early summer of 2008.
The draft which now appears before you reflects this work: it identifies the goals for
which the Committee worked, as well as a practical and legal way to enforce conformity
with such regulations. The word "ordinance" is not usually a popular one. However, we
present this to you with full confidence that it will only lead to an even healthier, greener
and safer South Burlington.
City of South Burlington
Tree Ordinance
The City Council of the City of South Burlington hereby ordains:
I. Purpose and Authority.
1. It is the purpose of this ordinance to promote and protect the public health, safety and general
welfare of the citizens of the City of South Burlington("City")by providing for the
regulation of planting,maintenance, protection, and removal of trees and shrubs on public
streets,parks, and city-owned properties. This ordinance also establishes the office of City
Arborist in the Department of Public Works and provides for the formation of a City Tree
Board.
2. This ordinance is enacted by the City Council under the authority of 24 V.S.A. § 2291(3) and
24 V.S.A. Chapter 67.
II. Definitions.
hs
The following terms shall have the meanings ascri to them in this section:
Arboricultural Specifications and Standards oic ractice. A manual developed and
maintained by the City Arborist and the City T 1°Board that contains the standards and
specifications for the planting, maintenatc4otection and removal of all city trees and shrubs,
which manual shall be considered regulo s under 24 V.S.A. § 2506.
1
Caliper. The diameter in inches of a tree trunk that is taken six (6) inches above the ground for
up to and including four (4) inch caliper size, and twelve (12) inches above the ground for larger
sizes.
City Tree. All trees and shrubs for which any part of the trunk at Diameter Breast Height
(DBH) is located in any public street, park, right of way, or easement, or other public place
within the City limits, including but not limited to state of Vermont right-of-ways managed or
maintained by the City.
Critical Root Zone. The area around the trunk of a tree circumscribed by a radius of one (1)
foot per inch of DBH.
DBH (Diameter Breast Height). The diameter of tree trunks measured at a height of four(4)
feet six (6) inches from the finished grade at the base of the tree.
Drip line. An imaginary vertical line which extends from the outermost branches of a tree's
canopy to the ground.
1
Property Line. The outer edge of a street or highway right of way(ROW).
Topping. The severe cutting back of limbs to stubs within the tree's crown to such a degree so as
to remove the normal canopy and disfigure the tree.
III. Functions of City Arborist and City Tree Board.
1. The office of City Arborist is hereby established in the Department of Public Works. The
City Arborist shall have the authority to issue or deny permits for planting, maintenance,
removal, pruning and protection of city trees as authorized. It shall also be his or her duty to
supervise or inspect all work done under a permit issued in accordance with the terms of this
ordinance.
2. The City Arborist, in consultation with and approval by the City Tree Board, shall have the
authority to adopt a manual of Arboricultural Specifications and Standards of Practice.
These regulations shall govern specific practices and protocols for the planting, maintenance,
removal,pruning, and protection of all city trees and shall include a list of approved street
and park tree species.
3. It shall be a violation of this ordinance for an 1.
ypgrson t� prevent, delay or interfere with the
City Arborist or his agents in the execution,gf enfcement of any of the provisions of this
ordinance.
4. The purpose of the City Tree Boardll 1_l e'to work in cooperation with the City Arborist to
promote responsible planting, maintce and care of trees on public property and to
educate the citizens of South Burlington about the benefits and requirements of the City's
tree resource. Unless the City Council otherwise prescribes, the City Natural Resource
Committee shall serve as the City Tree Board.
IV. Protection of City Trees.
1. Unless specifically authorized in writing by the City Arborist, no person or agency shall do
anything reasonably likely to harm a city tree, including but not limited to the following acts
which are prohibited as to any part of a city tree: cutting, carving, transplant,removal,
piercing, tying, girdling, topping,burning, charring, poisoning, painting, marking, contacting
with a harmful substance, or attaching any foreign object (such as but not limited to rope,
wire, nails,posters).
2. No person shall conduct any land development or construction activity below, at, or above
grade within the critical root zone of any city tree, including but not limited to a prohibition
of the following: placing a structure, excavation, laying a drive, walkway, or impervious
surface, laying utility pipes or conduits.
2
3. All construction, excavation, maintenance or other site work conducted within 5 feet or less
of the perimeter of the critical root zone of a city tree shall require the prior erection of a
fence, frame, box, or other like barrier not less than 4' high around the perimeter of the
critical root zone. All activity, equipment, and material shall be kept outside the barrier.
4. No person shall deposit, place, store, or maintain upon the critical root zone of any city tree
any stone,brick, sand, concrete, or other materials which may impede the free passage of
water, air, and fertilizer to the roots of said tree.
5. Upon good cause shown, the City Arborist may alter or waive the foregoing restrictions.
6. This ordinance shall not govern any emergency activity immediately necessary to prevent,
treat or minimize bodily injury or property damage. This ordinance also shall not prohibit a
person from removing a city tree that obstructs access to such person's primary residence or
business property,provided that actions taken shall be the minimum necessary to afford such
access and shall be carried out so as to minimize damage to city trees. Notice of any such
activity affecting a city tree shall be given to the City Arborist as soon as reasonably
practicable, and within 3 calendar days of commencing such activity at the latest.
V. Removal of City Trees.
v
1. No person shall plant, spray, fertilize, pruju, cat, remove, replace or otherwise disturb any
city tree without first obtaining a pern,it fi rri -he City Arborist. All work for which such
permission is granted shall be perforrnsij.reaccordance with the Arboricultural Specifications
and Standards of Practice adopteGitrOant to this ordinance.
2. Permission for removal of city trees shall require the permittee to provide suitable
replacements. The value of existing city trees is to be calculated on a DBH inch-by-inch
replacement basis. Replacements shall be at least 2" caliper, nursery grown stock. For
example, if an 18"DBH city tree is removed,the City Arborist shall require replacement
with nine 2" caliper trees. The City Arborist may exercise discretion to require larger than 2"
caliper replacements, to reduce the number of required replacements, and to waive the
replacement of city trees required by this provision. Exercise of discretion shall be guided by
the characteristics of the tree(s) removed, including: status as ornamental or shade; age and
health; location; species.
3. In cases where replacement is required, the permittee shall either:
A. Arrange for suitable replacements and completion of all necessary work to plant
replacements in accordance with the Arboricultural Specifications and Standards of
Practice and subject to the City Arborist's approval of trees, planting methods, and
completion of work; or
3
B. Compensate the City with monetary payment in an amount the City Arborist
estimates to equal the cost of replacement including purchase, planting, maintenance, and
related expenses. Funds paid to the City under this provision shall be exclusively used to
defray the cost of replacement trees or to otherwise further the purpose of this ordinance.
4. Replacement trees shall be made available for inspection by the City Arborist prior to
planting. A permittee shall warrant the health of all replacement trees for a period of two-
years after planting and shall provide further replacements in the event of death or disease.
5. City trees removed due to being in poor, dead, or diseased condition, which condition must
be assessed and validated by the City Arborist, shall not require replacement.
6. The City shall strive to prevent city trees from posing an unreasonable risk of property
damage or bodily injury. In assessing and, if appropriate, mitigating such risks, the City
Arborist shall exercise his judgment and discretion and all decisions by the City Arborist
shall be final. Factors to be considered for both assessment and, if appropriate, mitigation
should include but not be limited to: relative likelihood and gravity of potential harm; costs
of monitoring, assessing, remediation, and removing trees (including allocation of human
resources, supplies, and equipment); and environmental impacts. The USDA Forest Service
tree risk evaluation form (revised version for New gland) shall be consulted in assessing
potential risk. This provision shall not apply to city trees located in areas that are primarily
in a natural state.
7. Upon good cause shown, the City Arb ris may alter or waive the foregoing restrictions.
VI. Obstruction of streets and sidewalks
1. It shall be the duty of any person owning real property bordering on a public street, sidewalk,
recreational path, or other public ROW to ensure the trees, shrubs, and other plantings on that
property are maintained in a manner that will not obstruct: street lights from illuminating
street level; the passage of vehicles or pedestrians; vision of traffic signs and signals; or the
view of any intersection.
2. Should any person owning real property fail to comply with the above provision, the City
Arborist shall order the owner to correct such a violation within 10 days of issuance of
written notice. The order required herein shall be served by mailing a copy to the last known
address of the property owner.
3. To the extent this section is violated by virtue of a portion of a tree, shrub, or other planting
which has a drip line extending into the City's ROW, the City may prune back such portion
extending into the ROW.
VII. Dead, diseased, or injured trees on private property
4
1. It shall be the duty of any person owning real property bordering on a public street, sidewalk,
recreational path, or other public ROW to ensure trees that are dead, diseased, or injured do
not pose an unreasonable risk of property damage or bodily injury occurring within such
public ROW.
2. Should any person owning real property fail to comply with the above provision, the City
Arborist shall order the owner to correct such a violation within ten days of issuance of
written notice. The order required herein shall be served by mailing a copy to the last known
address of the property owner.
3. The City Arborist may enter upon land of property owners to take action with regard to insect
or disease pest infestations as provided by 24 V.S.A. § 2511.
VIII. Administration and Enforcement
1. The City Arborist shall enforce this ordinance. The City Arborist shall issue a written notice
of violation to any person who acts in violation of this ordinance or upon whose property
there exists a condition that violates this ordinance
2. Any person who violates a provision of this, vi1 ordinance shall be subject to a civil penalty
of up to $500 per day for each day that s h halation continues after 10 days from the date
written notice of violation is issued by thetity Arborist. The City Arborist is hereby
authorized to act as an Issuing Munipa1Official to issue and pursue before the Judicial
Bureau a municipal complaint, ecep tat, upon any timely appeal to the City Tree Board, a
municipal complaint action may all,he instituted until 10 days after issuance of a written
decision by the City Tree Board.
3. If a party wishes to appeal a notice of violation or other adverse action by the City Arborist,
such person shall, within 10 days from the date of receipt of notice of such action or decision,
deliver to the City Arborist at the Department of Public Works a request in writing for review
by the City Tree Board. The City Tree Board shall offer such person the opportunity to be
heard and present evidence and shall issue findings and conclusions. Three (3) members of
the City Tree Board must be present to constitute a quorum. By a majority vote of the
members present, the City Tree Board shall affirm,modify or reverse an action appealed. A
tie vote shall be an affirmance of the decision from which the appeal is taken. The board shall
give written notice of its decision no later than 45 days after the date of the hearing.
4. The decision of the City Tree Board shall be final, subject to appeal under V.R.C.P. 74.
IX. Severability
5
Should any part or provision of this ordinance be declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof
other than the part held to be invalid.
Adopted this day of , 2008.
[adoption signatures]
K:\WPDOCUHK\SON-TREE ORD DRAFT-jhk edited 2.doc
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6
In Pagel of l
Subject: Dialogue Night November 11th
From: <mlarkin@sbschools.net>
To: <csmith@sburl.com>,
...snip... <chafter@sburl.com>
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The South Burlington School District will host a Dialogue Night on Tuesday, November 11th
at the High School cafeteria from 7 until 8:30pm. South Burlington parents, students, and
invested community members are encouraged to attend this important event. The purpose
will be to discuss youth risk-related behaviors, to include underage drinking, and explore
possible solutions.
Your input would be valuable!
Should you have questions, please do not hesitate to contact me as I will be coordinating
this year's Dialogue Night.
Hope to see you there!
Mariah
Mariah Larkin
Prevention Counselor
South Burlington High School
652-7017
652-7185(Confidential Voicemail)
This email may contain information protected under the Family Educational Rights and
Privacy Act (FERPA) or the Health Insurance Portability and Accountability Act (HIPAA). If
this email contains confidential and/or privileged health or student information and you are
not entitled to access such information under FERPA or HIPAA, federal regulations require
that you destroy this email without reviewing it and you may not forward it to anyone.
This message has been scanned for viruses and
dangerous content by MailScanner ,CIamAV and Bitdefender, and is
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4'4
2 0 FIRST/SECOND
CLASS LIQUOR LICENSE APPLICATION
License Year: May 1st through April 30th of following year
Please file application in duplicate
Print F 1 Name of Pe rt, Partnership, Corporation, Club or LLC
Coal ktS \r& LL
(pa- - 01.-tAAs L_ a�( \2` S
Strgget anldlstire n m er of presmitses covered by this application
Town o,F,City$X,Zip C de
Telephone Nu b r
C609-- C6 — 1 V-1 1
Mailing Address (if different from above)
FIRST CLASS ❑ SECOND CLASS
Ef RESTAURANT
❑ HOTEL Fee for ANY FIRST class license paid to town/city$100.00/Fee to DLC$100.00
❑ CABARET Fee for SECOND class license paid to town/city$50.00/Fee to DLC$50.00
❑ CLUB
TO THE CONTROL COMMISSIONERS OF THE TOWN/CITY OF , j O f Ac- 0 , VERMONT
Application is hereby made for a license to sell malt and vinous beverages under and in accordance with Title 7, Vermont
Statutes Annotated, as amended, and certify that all statements, information and answers to questions herein contained are
true; and in consideration of such license being granted do promise and agree to comply with all local and state laws;and to
comply with all regulations made and promulgated by the Liquor Control Board. Upon hearing, the Liquor Control Board
may, in its discretion,suspend or revoke such license whenever it may determine that the law or any regulations of the Liquor
Control Board have been violated, or that any statement, information or answers herein contained are false.
MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR
SUSPENSION OR REVOCATION OF THE LICENSE, AFTER NOTICE AND HEARING.
If this location was previously licensed, please indicate name
Uwe are applying as: JLIMITED❑ INDIVIDUAL LIABILITY COMPANY
0 PARTNERSHIP
0 CORPORATION
Please fill name, address, social security number, date and place of-birth of individual, partners, or directors or members.
LEGAL NAME STREET/CITY AND STATE PLACE OF BIRTH
P d(� 4 .
Are all of the above citizens of the United States and residents of VERMONT? Yes /No
(Note: Resident Alien is not considered a U.S. Citizen)
If naturalized citizen please fill out the following:
Name Court where naturalized/Location (City, State,/Zip) Date
•
Name Court/Traffic Bureau Offense Date
David Fisher Chittenden County area Can't recall—minor traffic violation or speeding ±2 years ago
Patricia Farmer Chittenden County area Can't recall—minor traffic violation or speeding ±4 years ago
Lori Intini Chittenden County area Can't recall—minor traffic violation or speeding ±2 years ago
Taso Konstantonis Chittenden County area Rolling stop ± 1 year ago
H:\wpdocs\K\Konstantonis\Charlies Rotisserie&Grill,LLC\Liquor License Appendix.doc
Please complete and include with your liquor license application
Applicant/s Personal Information
Please fill in for Individual, Partners, or Directors
Legal Name (please print or type) Sex SS# Date of Birth Citizenship
Dennis Johnson M 016-42-8762 12/03/1963 American
Patricia Lynn Farmer F 008-50-4054 03/22/1964 American
David Fisher M 179-64-8337 05/29/1968 American
Lori Intini F 008-86-9302 11/20/1964 Canadian
Taso Konstantonis M 009-84-1086 07/27/1964 Canadian
Stockholder/s Personal Information
Please fill in for Stockholder
Legal Name (please print or type) Sex SS# Date of Birth Citizenship
attach additional sheet if necessary
•
CORPORATE INFORMATION
If you have checked the box marked CORPORATION, please fill out this information for stockholders (attach
sheet if necessary).
LEGAL NAME STREET/CITY AND STATE PLACE OF BIRTH
Date of incorporation Is corporate charter now valid?
Corporation Federal Identification Number
Have you registered your corporation and/or trade name with the Town/City Clerk? and/or Seceretary of
State? . (as required by VSA Title 11 1621,1623& 1625).
ALL APPLICANTS
HAVE ANY OF THE APPLICANTS EVER BEEN CONVICTED OR PLEAD GUILTY TO ANY CRIMINAL OR MOTOR
VEHICZI OFFENSE IN ANY COURT OF LAW (INCLUDING TRAFFIC TICKETS BY MAIL)?
YES NO
If yes, please complete the following information: (attach sheet if necessary)
Nam o e, Co rt/Traffic Bureau Offense Date
•
Do any of the applicants hold any elective or appointive state,county,city,village/town office in Vermont(See VSA,T. 7,Ch. 9,
§223)? Yes r. '" o If yes,please complete the following information:
Name Office Jurisdiction
Please give name, title and date attended of manager, director, partner or individual who has attended a Liquor Control
License Education Seminar, as required by Education Regulation No. 3:
NAME: ft"n hs.
TITLE:
DATE:
(If you have not attended a Education Seminar prior to making application, please contact your Liquor Control Investigator
in your area regarding this mandatory training.)
FOR ALL APPLICANTS: DESCRIPTION/LOCATIO OF PREMISES (Section 4)
Description of the premises to be licensed: Ga M (L t L Iitu,t - /I b 0
S• wt -A` , vT 05-5/03
Does the applican own premises described? i J 0. If not owned, does applicant lease premises? Ujtp.
If leased,name and address of lessor who holds s title of property: n )114(111)4.4
ALurAdr
L. -*
ht vT" 0548z,
*Are you making this application for the benefit of any other party? N 0.
t.
FIRST CLASS APPLICANTS: No first class license may be issued without the following information.
HEALTH LICENSE # : Food 11-411t Lodging (if licensed as a Hotel)
VERMONT TAX DEPARTMENT: Meals & Rooms Certificate/Business Account # zo- y836/ill
Business is d rimarily to: (Circle one)
OOD (restaura ENTERTAINMENT (cabaret) HOTEL CLUB
If you are considering Outside Consumption service on decks, porches, cabanas, etc. you must complete an
Outside Consumption Permit. Please request this form from your Town/City or from the Department of Liquor
Control. A.,,,tj r kikk rto pkaliu�S to sue. I��� t'.
Will applicant apply for a third class(spirituous liquor) license? ✓ Yes No `".""�0�`d " t � ems\ZwAse 4.6v4 iks rAve
CABARET APPLICANTS ONLY:
Applicant hereby certifies that the sale of food shall be less in amount or volume than the sales of alcoholic bev-
erages and the receipts from entertaining and dancing; if at any time this should not be the case, the
applicant/licensee shall immediately notify the Department of Liquor Control of this fact.
Signature of Individual, Partner, or authorized agent of Corporation.
ALL APPLICANTS MUST COMPLETE AND SIGN BELOW
The applicant(s) understands and agrees that the Liquor Control Board may obtain criminal history
record information from State and Federal repositories prior to acting on this application.
I/We hereby certify, under pains and penalties of perjury, that I/We are in good standing with respect to
or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State
of Vermont as of the date of this application. (VSA, Title 32, §3113).
In accordance with 21 VSA, §1378 (b) I/We certify, under pains and penalties of perjury, that I/We are in
good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in
lieu of contributions due to the Department of Employment and Training.
If applying as an individual: I/We hereby certify that I/We are not under an obligation to pay child support or.
that I/We are in good standing with respect to child support or am in full compliance with a plan to pay any and
all child support payable under a support order. (VSA, Title 15, §795)
t
Dated at )LtML4l\ in th vAvie County of � and State of v �
14
this 2; — day of � , 20 0
Corporations/Clubs: Signature of Authorized Agent Individuals/Partners Signa re (All partners must sign)
Ca
(Title)
g‘L . t
Zvi 4
•
Upon being satisfied that the conditions precedent to the granting of the license as provided in Title 7 of the
Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse
their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for
suitable action thereon, before any license may be granted. For the information of the Liquor Control Board, all
applications shall carry the signature of each individual commissioner registering either approval or disapproval.
Lease or title must be recorded in town or city before issuance of license.
, Vermont,
Town/City Date
APPROVED . DISAPPROVED
Approved by Board of Control Commissioners of the City or Town (circle one) of
Total Membership members present
Attest,
City or Town Clerk
TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPLICATIONS DIRECTLY TO THE
DEPARTMENT OF LIQUOR CONTROL, GREEN MOUNTAIN DRIVE, DRAWER 20, MONTPELIER,
VERMONT 05620-4501. If application is disapproved, local control commissioners shall notify the applicant by
letter.
No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a
first or second class application shall be considered binding except as taken or made.at an open public meeting.
VSA Title 1 §312.
NOTICE: After local action, all new applications are investigated by the Enforcement and Licensing Division
prior to approval/disapproval of the license by the Liquor Control Board.
SECTION 5111 AND 5121 OF THE INTERNAL REVENUE CODE OF 1954 REQUIRE EVERY RETAIL
DEALER IN ALCOHOLIC BEVERAGES TO FILE A FORM ANNUALLY AND PAY A SPECIAL TAX
IN CONNECTION WITH SUCH SALES ACTIVITY. FOR FURTHER INFORMATION, CONTACT
THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (TTB) (513) 684-2979
DEPARTMENT OF THE TREASURY
550 MAIN STREET, CINCINNATI, OH 45202
Executive Session
Memorandum
To: Chair and City Council
From: Chuck Hailer, City Manager
Re: Executive Session items e
Please be prepared to discuss:
• Condemnation of Exit 12B property: Attached is a draft of a condemnation order
to acquire the Allen Road Land property on Hinesburg Road. Also attached is an
important e-mail from Steve Stitzel. Since I have heard from three Councilors
with concerns over the condemnation, if it is the Council's decision not to
proceed, Steve suggests an appropriate action that protects options for the future.
Since there is other land on the official map we wish to preserve for roads, parks,
and open space, the Council does not need to rule on"necessity". This decision
will then not have an adverse impact on our use of the official map in the future.
• Update on Marceau land purchase: Not much new.
• Chris Smith has spoken to Randy Kay, Chair of the Planning Commission about
Mr. Duff's decision to continue to serve and wants to review that conversation
with the full Council.
In Page lofl
To: chafter@sburl.com
Subject: Exit 12B
From: sstitzel@aol.com
Chuck,
I have attached a draft decision. On the issue of necessity I have two cdomments
depending on how the Council wants to proceed.
(1) If the Council concludes that there is a "reasonable necessity"
for acquiring the property, I will fill in the statutory definition
and an appropriate case reference from the Supreme Court.
(2) If the Council decides that it does not want to pursue
acquisition at this time, I recommend that it not address the issue
of "necessity" . Any discussion could have an adverse impact on future
acquisitions by the City that are based on the Citya€'II'`s Official Map
where commencement of construction is not imminent. It could also
compromise any future attempt acquire this property. Since this
project will involve substantial federal/state funds, I suggest an
approach stating that at present the City has other significant
funding priorities .
I am on my way to Newport for a meeting but will call you later this
morning.
Steve
Iati>,
''' Draft Condemnation Decision.pdf
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Drintrarl frr Chor1Pe T-To#Ar r/ k,,r1 r,m> 1 nii 7i7nfR
CITY OF SOUTH BURLINGTON
CITY COUNCIL
SOUTH BURLINGTON, VERMONT
NOTICE OF DECISION AND CITY COUNCIL' S RETURN
REGARDING THE ACQUISITION OF LAND FOR
THE INTERSTATE 89 EXIT 12B PROJECT
This matter came before the City Council on the City' s
initiation of proceedings pursuant to 19 V.S.A. Section 708 to
acquire land for a portion of the Interstate 89 Exit 12B Project
(" I89 Project") . The portion of land needed for the Project to
be acquired by this proceeding are shown on a plan entitled,
"City of South Burlington, Hinesburg Road/Interstate Highway 89
Interchange 12B Project, " dated 05/08 .
The City Council conducted hearings on the necessity for
acquiring the land and the damages to be paid the owner on July
and September 2, 2008 . A site visit was conducted immediately
preceding the hearing on July The owner of the property to
be acquired, Allen Road Land Co. , was represented at both
hearings by attorney Christina Jensen.
Based on the evidence presented, the Council renders the
following decision:
1 . At all times material to this proceeding, the City has
had in effect an Official Map adopted pursuant to 24 V.S .A.
Section 4421 . Exhibit 1 . This map depicts proposed "on ramps"
and "off ramps" to Interstate 89 in the location where Hinesburg
Road crosses Interstate 89.
2 . A proposed "on ramp" to the north bound lanes of
Interstate 89 is shown crossing land currently owned by Allen
Road Land Co. , a Vermont corporation with a principal place of
business in South Burlington. Exhibit 3. This property has
frontage on Hinesburg Road which affords it highway access. The
property does not have frontage on any other road or access to
another road by a deeded right-of-way. Exhibit 1 .
3 . The I89 Project, including the on ramp located on Allen
Road Land Co. Land is identified as a "Candidate Project" on the
FY 2009 Vermont Agency of Transportation Plan ("Transportation
Plan") . Exhibit 4. Projects identified on the Transportation
Plan are highway projects to be performed by the State of Vermont
with federal, state and local funds. While the percentage of
local funds may vary, the local funds for the I89 Project are
currently estimated to be in the range of five (5) to ten (10)
percent. Testimony of Christine Ford, senior transportation
planner for the Chittenden County Metropolitan Planning
Organization ("CCMPO") .
4. Planning for the I89 Project began in the mid to late
1980s. Most recently, the CCMPO retained Resource Systems Group,
Inc. ("RSG") to perform a preliminary alignment study ("Study") .
The Study is expected to be completed within three months. After
completion of the Study, the CCMPO will be required to have an
environmental impact statement ("EIS") prepared based on the
Study. Preparation of the EIS will involve consideration of land
area beyond that shown in the Study. Funding is not currently
available for preparation of the EIS. Testimony of Ford.
5. RSG has prepared plans depicting "preliminary concepts"
for the alignment of ramps for the I89 Project. These plans,
which are subject to modification prior to completion of the
Study, show a proposed on ramp crossing the property of the Allen
Road Land Co . Exhibit 7 and testimony of Mark Smith of RSG.
6. Based on "Access Management Program Guidelines"
prepared by the Vermont Agency of Transportation, construction of
an on ramp on the Allen Road Land Co. property will necessitate
elimination of any direct access from the property to Hinesburg
Road. Exhibit 5 and testimony of Smith.
7. It is the current opinion of RSG that the Allen Road
Land Co. property provides the only location for an on ramp to
the north bound lanes of I89 that, given Federal Highway
Administration design requirements, is economically feasible ..
Testimony of Smith.
8. Current planning for land development in South
Burlington and some adjoining areas that will have major highway
impacts is based on the assumption that the I89 Project will be
constructed at some time in the future. Testimony of Ford and
Smith.
9. Based upon what is stated in paragraphs 1 through 8
above, it is the conclusion of the Council on the issue of
necessity that
10. The City is required to compensate the Allen Road Land
Co. for the fair market value of the property acquired. In this
case, while construction of the proposed on ramp will require
only a portion of the lot owned by the Allen Road Land Co. , it
will eliminate all highway access to the lot. Consequently, the
compensation to be paid is the fair market value of the entire
lot. Testimony of Todd LeBlanc, City of South Burlington
Assessor.
11 . It is the opinion of the City Assessor that the fair
•
market value of the Allen Road Land Co. lot is approximately
$700, 000.
12 . It is the opinion of the Allen Road Land Co. , relying
on an appraisal of Navin Appraisal Services, that the fair market
value of the lot is $1, 105, 000.
13. Based upon its consideration of the opinions of value
it has been provided, the Council concludes