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Agenda - City Council - 02/21/2012
40 7 i Akis south VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL Rick Marcotte Central School 10 Market Street SOUTH BURLINGTON, VERMONT Executive Session 6:30 p.m. Tuesday, February 21, 2012 Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Meeting 7:30 p.m. Tuesday, February 21, 2012 1. Agenda Review: Additions, deletions or changes in order of agenda items. 2. Comments and questions from the public (not related to the agenda). 3. Announcements and City Manager's Report. • Resignation from Duncan Adamson, Recreation Path Committee • Resignation from Karen Alence, Energy Committee 4. Presentation of FY 2011 Audit (Ron Smith, Auditor). 5. *** Discussion o f Williston Road Complete Streets Final Draft. (Justin Rabidoux, Public Works Director). 6. ***Discussion of Proposed Interim Bylaws with possible action (Councilors Dooley and Greco). 7. *** First reading of Draft Amendments to the Land Development Regulations— possible scheduling of Public Hearing for March 19th (Paul Conner, Planning &Zoning Director). 8. *** Consider appointment of a third member to the Stormwater Appeal Board per Stormwater Ordinance (Sandy Miller, City Manager). 9. *** Consideration of approval of Waiver of Conflict of Interest for Brian Monaghan Attorney(Council Chair Dooley). 10. *** Consideration of approval of Entertainment permit(Sandy Miller, City Manager): • Wedding Reception at 1350 Spear Street, June 22, 2012 11. ###Sign Disbursements. 12. Other Business. 13. ***Approval of Minutes for special meeting held January 30 & February 2, 2012 and regular meeting held February 6, 2012. 14. Consider entering executive session to discuss personnel, contract negotiations and litigation (if needed). 15. Adjourn. Respectfully Submitted: Sanford I. Miller, City Manager **' Attachments Included ### Attachments Sent Separately/Previously South Burlington City Council Meeting Participation Guidelines The City Council Chair is presenting these guidelines for public participation and attendance at City Council meetings in an effort to insure that everyone has a chance to be heard and meetings function as smoothly as possible. 1. Please raise your hand to be recognized to speak. The Chair will make every effort to recognize the public in the order in which hands are raised. 2. Once recognized by the Chair, please identify yourself to Council. 3. If the Council has suggested time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Council to conduct business items. 4. In order for City Councilors and other members of the audience to hear speakers'remarks,side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 5. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 6. Make every effort not to repeat the points made by others. 7. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Council for a second time. 8. Council desires to be as open and informal as possible within the construct that the Council meeting is an opportunity for Councilors to discuss,debate and decide upon policy matters. Council meetings are not"town meetings". To this end, after the public has had the opportunity to make comments,the Chair may ask that discussion be among Councilors. JLadd From: Sandy Miller Sent: Wednesday, February 08, 2012 2:09 PM To: JLadd Subject: FW: Reply from Rick to Duncan regarding his resignation from South Burlington Rec Path Committee Please print and put on agenda for CC acceptance on Feb. 21y`. Satugo'rd "Saou+`.ry"VIdiet From: Rick Hubbard Jmailto:rick©rickhubbard.orgl Sent:Tuesday, February 07, 2012 5:44 PM To: 'Duncan Adamson'; 'Lou Bresee'; 'Michelle Connor'; 'Dana Farr'; 'RICK HUBBARD'; Tom Hubbard; 'David Jacobowitz'; 'Donna Leban'; rnsw1313@yahoo.com; 'Miranda Voegeli' Cc: Sandy Miller Subject: Reply from Rick to Duncan regarding his resignation from South Burlington Rec Path Committee IH.lSi Duncan, Although I'm sad to lose you as an important part of our S.B. Recreation Path Committee, I understand the dilemma and importance of managing professional, personal and service commitments. For about 6 months last year, I too felt tremendously stressed to do anything else but"renovate, move, downsize and get settled" in my new"nest". Now I've recovered and have substantial time and energy again. These things go in cycles and I'm sure you'll eventually reach a point where you too are ready to recommit to whatever community service you next focus on. Meanwhile, I'm sure I speak on behalf of our entire committee when I say we very much appreciate your energy, talent and contribution to our recreation efforts during your time on our committee to date. Best wishes! Rick 1 Rick Hubbard Current Chair, South Burlington Recreation Path Committee From: Duncan Adamson [mailto:dadamson©instrumart.comj Sent: Tuesday, February 07, 2012 12:22 PM To: Rick Hubbard; Tom Hubbard Subject: Resignation from South Burlington Rec Path Committee Hi Rick and Tom, I'm writing, regretfully, to resign from my membership position on the South Burlington Rec Path Committee - effective immediately. My work and family commitments have both increased significantly in the past 6-8 months, and I simply do not have the time and energy left to actively participate on the committee. In my work (Director of Marketing & Government Sales), I am buried in paperwork all day. I've found that I just can't bring myself to dive into more of it to keep up with committee activities. I feel badly that I am unable to fulfill my 3-year commitment, but I feel like the committee is adequately staffed at this point. I did want to make sure that I transitioned my key responsibility from last year (scheduling visitors to SBRPC meetings), and Dana now seems to be ready to run with it. So I feel like it is as good a time to leave as any. I really enjoyed being a part of the committee for the last 18 months or so. I wish you and the committee all the best. Thank you for the opportunity to serve South Burlington. I would like to remain active as a citizen advocate for the rec path in my neighborhood - so please consider me a resource if the opportunity arises. Sincerely, Duncan Adamson 5 Scotsdale Road 2 Complete Streets — Williston Rd . " Road Diet" South Burlington City Council February 21, 2012 Agenda • Project Description — Area under discussion — Question to be addressed • Project Support • Factors to be Considered • Relevant History • Potential Construction Process • Decision Process • Resources for Additional Information Project Description • Project Area — Williston Road — Hinesburg Rd to Millham Court (east of ACE Hardware) • Part of repaving project from Willard Ave. to Millham Court • 1.26 Miles • No changes to current curb location • Question to Be Addressed — Should 4 traffic lanes be converted to 3 traffic lanes and 2 bike lanes - a T y�♦y al . !� r t x trait 1 - * a ; :, A _ r3"► .,yea+ _ T` O - _ a ♦: a _ n� } .. �• � ..,t `� #,�}x - o �a- R*t` ... y .. 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I, r. 0 y - � # `;0. - y a . ,„,, „N:45,- ,A.r+ , ip, _q, a From To 5 Ft Sidewalk < -- 48 Ft -, 4 Ft Grass 5 Ft Sidewalk 48 Ft -, /4 Ft Grass IG :'::''';';',.:1:::::;1,,,:i:::':',77.:1;.:::1:;"1: ', a r 0 owl �. e�* kr AR vet; - 'r" til i f „ „ ,, ,.,.., , ., ,..„..,,,,,....,.,...,, .1114:,,31' d EY; lh 2 12 Ft Travel Lanes 1 12 Ft Turning Lane 4 12 Ft Travel Lanes 2 6 Ft Bicycle Lanes Project Support • South Burlington Recreation Path Committee • South Burlington Energy Committee • Local Motion • Vermont Bicycle & Pedestrian Coalition • All Those Who Will Ride It When It Is Built Factors to be Considered • Thru traffic restricted to a • Potentially longer delays single lane for thru traffic during — Smoother flow peak hour traffic — No lane switching • Potential difficulties for — Lower average speed motorists entering — Safer area for all Williston Rd from non- • Bike lanes added signalized side streets — Pedestrians further from motorized traffic — Vehicles moved away from storm drains — longer pavement life Relevant History • Burlington — Colchester Ave. - Pearl St. to East Ave. — in front of FAHC — Similar opportunity — repaving project — Initial concern — 81% favorable reaction after completion — 11% unfavorable reaction after completion • Essex Junction — Route 15 in front of Fairground — Not operational during fair • National Traffic Count Comparisons . . . .... , ,.,,:„.„... ,,,,,,,, ,.,...:, ..... . .,, .,,,,...:,,,,,,,,„�r � i rw.� '' : ''''''--4( 'A, 4,',.,,,, ,..„0,1 s ---, „A,t'..,....-._..f.,,,, -,. . ,:.,,,,,,f,.„„,,,.,,,,, ,..,.._,, , ,o,.. ,,,,.,.,,, ,,, r,' '1 '':r0'. ': .„,rf„...„ .,.. , . ,..., ,•.,... ,,...\. „,„,..„.„44-' —,..-0,'-.;:-.-,'47i;,,?..'1-. .- i-.- ''' -.14 ' : /"k ': 'ate j�.C.1 ,.. .4 ` a -r ',x 1-> ,,, ��dt,M 'r. 1 {4 ;-''''It -, 'w' �'A+_ e, ' r,4, s -.. R.r 1,rev f4 .� i=' i' r sta Y, G � A p G 3 5� ^a• 1 �,4ti Ito 27,600 �. ` = A< 18,100 a» 4 .' •#, i - ....r« 20,500 } • Colchester Ave. - Burlington w • � A p � 15,000 — Williston Road ii a 111 Project Area is Green v 10,000 _, s v 5,000 Data from RSG Reports `r 1985 1989 1993 1997 2001 2005 2010 Year of Count Design Hour Volume Comparisons US 2/Patchen/VT 116 Intersection - 2011 Design Hour Volumes Excerpt from 2011 Williston Road Complete Streets Study- Draft Directional Volumes US 2 WB VT 116 NB US 2 EB Patchen Rd SB Intersection east of intersection Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total WB EB 68 990 104 274 317 53 8 668 155 119 262 17 3035 1162 840 1162 644 831 398 Vehicles traveling through project area - Kennedy Dr. to Patchen Rd. The current situation is single lane as soon as someone wants to make a left turn. Colchester Ave/East Ave Intersection - 2010 Design Hour Volumes Excerpt from Colchester Avenue Corridor Plan - Existing Conditions - May 2010 Directional Volumes Colchester Ave WB East Ave NB Colchester Ave EB Trinity Campus SB Intersection west of intersection Left Thru Right Left Thru Right Left Thru Right Left Thru Right Total WB EB 87 405 1 363 3 102 3 677 350 9 16 16 2032 784 r 1030 493 468 1030 41 Vehicles traveling toward East Ave. on Colchester Ave Volumes are similar but characteristics different Data supplied by CCRPC Potential Construction Process • Vtrans expressed a desire to leave the section near Staples to the end of the project to allow the 3rd lane project to proceed • Split the construction process in the project area to allow a trial period . — Start process in the project area and proceed through the initial paving layer — Paint 3 lanes with center left turn lane — Delay final paving until trial period is complete • After Staples project is completed • After a winter season if a longer trial was desired Decision Process A YES decision can be reversed with minimal difficulty Final Surface 3 Lanes Yes Extend Yes Conduct 3 .a '--- ' 3 Lane Yes Lane Trial Trial? No Plastic During Lane Yes Repaving? 1 Markings r, No ? No Paint Commit "Yes °... + Lane -• to 3 Final Markings Lanes? Surface No Convert 3 Lanes Surface to ? No 4 Lanes Final „_, _ ,_ _ ._ _. , ... Surface 4 Lanes A NO decision is virtually permanent Additional Resources • Colchester Avenue Project — www.COLCHESTERAVENUE.ORG • Road Diet — Google road diet for lots of things — www.fhwa .dot.gov/publications/public roads/1lseptoct/05 .cfm — www.fhwa .dot.gov/publications/research/safety/ 10053/10053 . pdf • Recognized source for before/after comparisons Peak Traffic Volume Colchester Ave. It is important to keep the traffic congestion evaluation in context. It focuses on the PM peak hour, which has the highest hourly volumes but represents a relatively small portion of the entire day and about 10% of the traffic volume that passes through the corridor over a 24 hour period (Figure 32). Delays, corridor travel time and vehicle are therefore less intense throughout the rest of the day. Figure 31: Hourly Traffic Variation on Colchester Avenue Colchester Avenue - East of Fletcher Place Unadjusted Bidirectional Volumes (2010) Ci PM Peak Hour -..--Friday Apr.30-Wednesday May 5 i 1600 :� 1 - i t f /!� I dr" i 1400 1 a , 4—_ h '- _ 1 _ i 1000 �� �- E ' ` --- ---------- . RSG Colchester ___, ,__ A, . , , I , 1 soo .. Ave. Draft Report i i 111 111111,1110 400 111 I i is i I i i o I i2a aA � rr P � aA - � ac � � :, P Q mJ Q Q aP Q 6P Q aP Q eP Q Fk ooyaoo � oo o� o oo e' o o o o� Q � g• � � Q � �• a �J �• a � a PT I , 44 'ally ., _' t.. t , 'zee �I at 1 - , ` T ,2 ' ..-tai -": t) ' It110- gilt ef *k t , ; my i ` f,�t a a = 4 o n IN 1 � . _ -NI -� Q iil A, ,:: r - p fli ott ' xx ,. It T ..ti rD - ,z. '�7 . -tis e—h '.' 1 ' -‘1'AfV, 4 - c..4. -- F ri yowl'3 ii V4'A`i * -e # y` L" A' • isiis n i -+ NI, . s a "t. NIT k$, ,„, 'N,.. '� � _ -,I E. t.ti TO SOUTH BURLINGTON CITY COUNCIL MEMBERS COMMENTS RELATED TO REPAVING WILLISTON ROAD RECEIVED BY OUR SOUTH BURLINGTON RECREATION PATH COMMITTEE (As of February 19`h,2012) Rick - The report says that the Complete Streets model will worsen already unacceptable car traffic delays. My response is, what's the goal? To optimize the driving experience for the typical single-occupant vehicle passing through to remote locations; or to promote a community-friendly street, respectful of all travelers (car, bus, bike, pedestrian), respectful of the neighborhood, and the safety of our children and our older, frail, or disabled residents. As a primary care physician, as a medical school professor, I'm very concerned about the epidemic of obesity, hypertension, heart disease, and diabetes that faces our fellow Vermonters. Many times a day I counsel my patients to exercise daily, only to hear that there's no time, it's too expensive, too hard to get into a routine, no place safe to do it. As a daily bike commuter from FAHC to Williston, I cherish the opportunity to get that daily exercise no matter what, to save on gas, parking, car payments, repairs, insurance; to dissipate the stresses of an 80-hour work week with a bracing and relaxing ride to and from work, and to know I'm helping congestion, global warming, wear-and-tear on our streets. I try to set an example for my patients, students, and friends; to be an ambassador of responsible bike commuting. What I get might be admiring comments, a wish that they could do it too, but that Williston Road is just not safe, not practical, and the alternatives are too circuitous. We all just have to get to work. The town council faces an historic choice. They can acquiesce to the recommendations of the traffic engineers, or they can have the courage to say no, this is crazy, this has to stop. The motor vehicles have another option, the interstate. In many European communities, as well as a growing number of progressive towns in the US, congestion is controlled by making it inconvenient and expensive to drive alone to work. It's time for supposedly bike-friendly, green Vermont to step up. Scott Luria, [Scott.Luria@vtmednet.org] I urge you to give serious consideration to a "Complete Streets" trial in connection with the repaving of Williston Rd. this summer. There is currently no safe east-west bicycle route between S. Burlington and Burlington, a fact which discourages cyclists and puts those who attempt to use Williston Rd. at risk. Complete Streets for S. Burlington's major roadways are part of the City's draft Comprehensive Plan. A trial would allow us all to see if a 3 lane plus 2 bike lane approach would work. If it doesn't the final paving/striping could revert to the current approach. I also urge you to create well-marked crosswalks with lights timed to allow people enough time to safely cross Williston Rd. Sally Howe 12 Woodbine Street Mayfair Park Mr. Hubbard- As a bicycle commuter, land-use planner, South Burlington resident and a person who has lived in other places that underwent "road diets," I could not agree more with the idea that Williston Road should be re-paved as a complete street. In fact, when I heard that this massive re-paving project was underway for the next construction season with what appeared to be no consideration whatsoever for addressing the lane configuration, I was pretty surprised. As a bicycle commuter, I do use Williston Road from time to time. In its current configuration, the narrow shoulder interrupted by storm grates and the behavior of drivers as they attempt to maintain the two-abreast configuration at speed is right at my threshold for riding on the sidewalk or taking another route. Like it or not, Williston Road is the biggest, most direct transportation corridor between Downtown Burlington, the airport, and the Growth Center in Williston. The section in question(from 116 to Ace Hardware) represents, by my calculations, nearly 10 acres of public land that is almost entirely dedicated to the movement of motorized vehicles. As a land use planner and a resident of South Burlington, I believe that surely in a South Burlington with progressive design standards, good transit, and a vision going forward of compact, mixed-use development, we can do better than to simply reestablish the lane pattern that was imposed on Williston Road many years ago. Also, it should be considered that Williston Road actually divides two of the largest centrally-located residential areas in South Burlington from one another. If we want City Center to succeed someday, we will need to connect it with all of the residents north of Williston Road in a way that allows them to walk and bicycle between the two places safely, not divide it from them with a wide, 4-lane road section that only encourages speeding far in excess of the posted limit. I spent some time living in Missoula, Montana at a time when a street there called West Broadway was put on a similar diet. While there have been some complaints from a few drivers, it works very well and it allowed the establishment of bicycle lanes on both sides of the street which, like Williston Road, provides a corridor between a vibrant downtown and a busy commercial exurb. Of course, one only needs to look as far as Colchester Avenue in Burlington to see how a road diet can function. So please, count me in as a supporter. I'm not sure I'll be able to make the meeting on the 21st as I will be staffing a Williston Planning Commission meeting that night, but I'd be happy to participate in any way you think can be helpful. Matthew Boulanger [mattboulanger@gmail.com] Barrett Street South Burlington Honorable South Burlington City Council members; Williston Road lacks and desperately needs safe bicycle lanes. I am a frequent bicycle commuter who rides between Richmond and the UVM area. I have not felt safe riding on Williston Road since the mid-1990s. I utilize other routes around Williston road, even though this adds 2 miles to my trip. I would prefer to use the Williston Road corridor but do not have a safe bicycle lane to utilize. For a very long list of reasons the use of the bicycle is increasing in our society. The bicycle combines transportation with fitness and more and more people are utilizing this attractive benefit. Bicycles in usable form have been with us for 150 years, and in-fact roads are paved because of pressure from bicyclists. However Williston road is an example of an outmoded and car-centric model that is not wise, fair, efficient, or sustainable. In the late 1990s I was speaking to a South Burlington Police officer about this subject. He encouraged me to ride on the sidewalks, a practice which has been proven to be less safe than road riding for cyclists, illegal in most areas, and unfair to pedestrians. Bicycles are vehicles, but venerable ones. We need our own lane. More people, weather permitting, would ride their bicycles rather than drive cars. This will also help reduce traffic on Williston road. Many Vermonters are fond of downplaying the need for cycling infrastructure, citing Vermont's difficult winters. Clothing&bicycle technology are lowering the limitations on cyclists all the time. I would encourage you to examine the bicycling infrastructure of Montreal, a city that enjoys even more severe winter weather than our fair cities. More info: http://www.mcgilldaily.com/2011/09/montreal-ranked-most-bike-friendly-city-in- north-america/ Many in the more conservative politicians tend to think of bicycling as merely a recreational activity or even "toys",this is a mistake. Bicycling is cheap transportation AND fitness (rolled into one activity) for many Vermonters and South Burlingtonians it is wrong to ignore the need as planners of Williston Road have for decades. Roger Bombardier Jr. Cyclist& Iraq War Veteran rbombard@uvm.edu. Enterprise Information Technology Professional University of Vermont—ETS —Client Services Office (802) 656-7744 Cell (802) 922-0444 Hi Rick, As a cyclist I can attest to the scariness of Williston Road. A cyclist colleague was rammed from behind while signaling a left hand turn-- it was night but he had 3 lights in back. I stay on the sidewalk but that gets icy and the snow and grit from the road is thrown onto the sidewalk, making it ridiculously difficult for both pedestrians and timid cyclists. Last year sidewalk plowing was very inadequate. If there were decent sidewalks and bike lanes then possibly the traffic counts could go down a bit as people would have an alternative to SOV (single occupant vehicles). There is also the possibility of a cycling "by pass" to Williston Road. While that would be nice, cyclists also need to be able to use the main roads-- it's usually the quickest way. I don't know of any realistic alternative to Williston Road. I support some type of bicycle accommodation on Williston Road. Lani Ravin Associate Planner Campus Planning Services University of Vermont M-14 Stonehedge Drive Hi Rick, Here is a CCTA's ridecheck, a sample representing a single weekday. It includes all the boardings and de-boardings from weekday bus trips on this corridor from samples in the fall of 2010 and spring of 2011. As you may know, we recently improved transit service on the Rt. 2 Corridor, offering 15 minute peak hour service, more direct service along the corridor as well as two AM and PM express trips to Williston Village. During our public hearings for this service improvement, we received multiple requests for a pedestrian crosswalk/traffic signal between Kennedy Drive and Hinesburg Road. That may be a larger project than repaving/striping but certainly easier than obtaining right of way for some of the other alternatives. Here is a link to the US2 corridor Study that CCTA participated in a few years ago http://www.ccrpc.us/library/US2/US2 finalplan 2007.pdf Let me know if you need anything else. Aaron Aaron Frank I Assistant General Manager Chittenden County Transportation Authority Green Mountain Transit Agency 15 Industrial Parkway Burlington, Vermont 05401 p 802 864 0211 f 802 864 5564 e AFrank@cctaride.org Hi Rick, I'm with the CCTA Acting General Manager Meredith Birkett right now, and just talked to her. Yes, there is a lot of transit service on Colchester Avenue (Essex bus, College Street Shuttle, and LINK buses) and Meredith hasn't heard issues on Colchester Avenue since the 3 lane reconfiguration. CCTA(on whose Board that I serve) is trying to consolidate bus stops since we sometimes having multiple in short distances. We are open to exploring an evaluation of consolidating stops. Best, Chapin Hi Rick, The most basic advice I can give related to the suggested complete streets trial in between paving is to remind the decision makers that the reduced lane configuration is effectively what happens while paving is happening...but continue to remind them that traffic is potentially more backed up during paving because of the equipment operations and other activity (basically that it may not be the lane reduction specifically that is causing any delays, but the compounded activity during construction). Additionally, try to have a technical advisory group created to evaluate the test. Clearly define the criteria in advance—what will be an acceptable level of delay, or how will you measure success/failure? Without that clearly defined, it will be difficult to make a decision that everyone can accept. Nicole Losch//Bicycle, Pedestrian, & Environmental Planner 645 Pine Street Suite A, Burlington VT 05401 p 802.865.5833 // f 802.863.0466 I am in support of the complete streets proposal. I'll be out of town for the meetings. Perhaps you could convey my support to the proper people. Thank you, Loretta Marriott 13 Mills Ave South Burlington, VT I wholeheartedly support this trial. The Village of Essex Junction converted Pearl Street to this configuration 2 years ago and it has worked great; left turns are much easier and traffic flows well. John Floyd 8 Woodbine Street Mayfair Park South Burlington, VT I do support at least one bike lane on Williston road. Please keep us posted on how we can insure our voices are heard. Bernie Paquette 181 Kirby Rd. South Burlington, Vt Author or Green and Clean and http://litterwithastorytotell.blogspot.com/ Rick, A turning lane may work in the stretch from VT 116 eastward, but I doubt it would work west of 116, where traffic is typically much heavier, and turning in both directions. One change that I think went very well in the VT 15 project was to move the storm grates out of the traffic lane. This does not effectively change the width of the road, since there is typically a buffer between the sidewalk and the curb that can be cut into, but it allows bikes to travel closer to the curb, especially once the road surface starts to deteriorate, as the area around a storm grate is almost always the first to go. The subsequent patching makes this area quite rough, driving bikes farther out into the travel lane. Striping is so easy to change,the gains of setting up a"complete streets" solution could be wiped out overnight, while getting those storm grates out of the road would be a permanent solution that would still be there when some transportation official decides that the vehicular traffic load is too great to conserve the bike lanes for a few cyclists. I would urge lobbying for the expensive grate relocation first, then complete streets. Steve Barrier Bolton, VT I would strongly support the proposed changes on Williston Rd, allowing for bicycle lanes in either direction. As a taxpayer who usually commutes to and from work via bicycle, I can tell you Williston Rd is one of the more dangerous roads to ride a bicycle on, especially in traffic. Burlington needs more bicycle friendly streets to allow for safer commutes via non-motorized means. The building of such bike lanes just might help reduce the traffic on the street, as more folks such as myself would be willing to ride into the city instead of drive. Please see this one through. Christian Verry. cverry@hotmail.com Please -Please make Williston Road bike/pedestrian friendly. Debra L. Fraser, Support Services Bellows Free Academy 71 South Main Street St. Albans, VT 05478 (802) 527-6481 dfraser@fcsuvt.org "Please add my name to the list of supporters for the complete streets concept. I fully advocate the two month "trial period" proposed for this summer between the base coat and the final coat on the eastern portion of Williston Road in S.B. I strongly urge the planners for the repaving project to include safe bike lanes." Regards, Mike Coleman mcoleman@cems.uvm.edu I really hope we can get a bike solution for a way out of Burlington on the Williston Rd side. This sounds like a good first step. -Tim Curtin tim@GMARA.ORG 4/ 1 Steele Street #103 Burlington, VT 05401LOCAL.• 802.861.2700 if December 15, 2011 (f) 802.861.3096 'I"I D nON tv,,,,, info@localmotion.org `� ', >r www.localmotion.org °7,',Z7 mo o o,q. - ,,i l Close the Gaps Sandra Dooley _r 1' Island Line Trail Chairperson 4e Causeway Bike Ferry Bike Recycle Vermont South Burlington C t '. uneil Safe Routes to School g � ' xs y1 Safe Streets Collaborative 575 Dorset Street Trailside Center South Burlington, V- 5403 - Trail Finder Dear Ms. Dooley, s _ I am writing in strop support of a reconfiguration of the lanes on Willist�or R . when it is repaved in 2012. The proposal is to reduce the , number of lanes from four to thre-tnd add shoulders from the Af- yes i a., intersection of Route 116, Hinesburg Rd:I and continuing to the end of o the paving project. 3 The new lane configuration would-make bicycle transportation along that section of the corridor much s fer and mire inviting, and will ,. %4 increase the comfort of pedestrians walking,on the sidewalk. Shoulders provide a buffer between pedestrians and fast-moving vehicles. Changing the lane configuration will,Ybring that sectdodn,of the road in compliance with the state's new Complete Streets'iegisi t well. In Burlington on Colc (.e::,,,'"*"- :::::\,,,,,_ .-. ,- : ': ), hester\Avenue;the late re „._o ect had,been very successful. Projects like this are happening all'over the country, and communities are reporting very positive results. \\:\. , -,,,-.,„,-,,,,,,..-;,:-.-,...,--,--.,r....-; i.,„,., A note about-the name for-a-Ernfiguration like this: though' e commonly know it as a "road diet", it would be more accurately termed "right-sizing the road". After all, if the new configuration works well, it's not restrictive, nor will w-eahave to do with less, as if on a diet; i` rather, that section will be sized properly - inviting and more functional for more types of users of,the road. Yp � . ....... Sincerely, ' #_ ,ik i _ err; ai A L.P ,, ,,,€:-: _,' -,:.',r-:''''..::: :::'-::,'"'''E ,:' i.,?''' Yw Charley Wallace Director of Operations .,.-jiii,''':`,;','",-:'-'-- ''.1-': , f- ', , _ ' - ,I A greater Burlington non-profit organization promoting bicycling, ru' t g,'walking, in-fine strati, and the facilities that make such travel cafe P --1!;-and flint `��gc PEDLcS� The mission of the Vermont Bicycle&Pedestrian Coalition is to promote `.� 9 bicycling&watdng in Vermont,emphasizing access,safety and education. Q0 www.vtbikeped.org cMa ' www.vtbikeped.org 0 0 hr' "AN p0\14° O V E R M O N T BICYCLE AND PEDESTRIAN COALITION PO BOX 1 2 3 4 , MONTPELIER VT 0 5 6 0 1 8 0 2 . 2 2 5 . 8 9 0 4 Board of Directors December 14, 2011 Laura Asermily,Middlebury Ardent bike✓pedadvocate Sandra Dooley Judy Bond,Underhill Chairperson GIS consultant and year-rand rider ai_t Nan Boye,Barnet South Burlington City Council Waking he hills of Vennoef 575 Dorset Street David Ellenbogen,Calais South Burlington,VT 05403 Educator,environmentalist,and cyclist Bruce Lierman,Bennington Dear Sandra Dooley, Human.powered instructor and advocate Dawn Niles,Woodstock I'm writing on behalf of the Vermont Bicycle &Pedestrian Coalition (VBPC), the ViCe President,Bike Vermont,Inc Christopher Parker,Putney statewide nonprofit organization that works, through education and advocacy, Executive Director,Vermont to promote safe bicycling,walking and running.The VBPC supports the idea of Carol Tremble,South Hero conducting a test during the period when Route 2 is under construction in 2012. Always dreaming about the next ride The specific section concerned runs from the corner of Main and Willard Streets in Burlington to Millham Court in South Burlington. Partner Organizations Along this stretch of Route 2, four lanes are reduced to two lanes.The Brattleboro Area Bike/Ped existing four 12 foot-wide lanes, curb to curb,measure 48 feet across. These Cross Vermont Trail Association would be altered to be three 12-foot lanes with a six-foot bike lane on each Friends of the Lamoltle Valley Rail Trail side.The center travel lane would be designated for left turns only. This is Green Mountain Bicycle Club the basic configuration that has been used successfully on Colchester Lake Champlain Bikeways Avenue in Burlington and Route 15 in Essex Junction in front of the Local Motion fairgrounds. It's proposed that the test area start at Route 116, Hinesburg Mad River Path Association Road, and continue to the end of the paving project, a distance of Rutland Area Physical Activity Coalition approximately 1.26 miles. Vermont Mountain Bike Association Vermont Recreation&Parks Association The test would involve painting the base pavement layer in the proposed Vermont SAFE KIDS configuration and letting it be used for a reasonable period of time to allow all VemiontTrets&GreenwaysCouncil involved to assess the effects of such a change.If successful,then the final layer would implement the tested configuration.If major problems occur,then the final marking would be the current configuration with no bicycle lanes. Staff- Thank you for taking into account the VBPC's support for the above proposal Nancy Schulz,Executive Director, Montpelier when this matter is on the agenda at a future meeting of the South Burlington Passionate pedestrian and pedaier City Council. Michael Neilein,Office Manager,Montpelier Sincerely, ed L /O� , NicitiAtif an S z Y Executive Director Comments to — Williston Rd. Complete Streets Study - Draft Report The subject report is the result of a study to determine if the repaving of Williston Rd., planned for 2012, would be an opportunity to improve conditions throughout the study area.The area consisted of Williston Rd. from Dorset St. to Kennedy Dr.The repaving project is planned to go from Williams St. in Burlington through the study area to Midland Ct. in South Burlington. It is assumed that the eastern end of the project will actually be where Williston Rd. changes from 4 lanes to 2 lanes, very close to Midland Ct. The South Burlington Recreation Path Committee fully supports all but one of the recommendations of the report. The exception is that the Committee believes that the repaving project provides an excellent opportunity to test the concept of"Complete Streets" as described in the subject report.The Committee therefore recommends that the "Complete Streets" configuration described below be painted on the initial paving layer when it is completed. In addition to the recommended lane width changes it is recommended that the configuration be extended to the eastern end of the repaving project. This configuration should be maintained for a minimum of 2 months to evaluate the effect of the configuration. The analysis of the report indicates that excessive traffic delays will be experienced. A similar study was done for a similar project on Colchester Ave. in Burlington several years ago.The City of Burlington decided to proceed with a test of the concept and that configuration was later incorporated on a permanent basis. A comparison of the two reports indicates that the traffic volumes in both areas are very similar. The traffic delays predicted by the Colchester Ave. study have not proven to be as serious or numerous as predicted by the traffic model and it can be expected that the traffic model predicting Williston Rd. delays will yield results that are more serious than what may actually happen. The committee recommends that the changes to be tested be as described below. East Bound Approaching White St. the curb lane be right turn and thru. The left lane be limited to left turn only. Approaching Hinesburg Rd. the curb lane be right turn and thru. The left lane be limited to left turn only. Leaving Hinesburg Rd. a 5-6 ft. bike lane would be marked next to the curb with a 12 ft. travel lane to its left. 200 ft. past the intersection the center of the road would be a 12 ft. left turn lane which could be used by traffic in each direction. This will allow for queuing of the west bound vehicles waiting to turn left onto Hinesburg Rd. Approaching Kennedy Dr. the bike lane would proceed straight through the intersection and a right turn lane would exist to its right, similar to Spear St. at Allen Rd. A 12 ft. thru lane would exist to the left of the bike lane with a left turn only lane to the left of the thru lane.This results in three 12 ft. lanes and a 5-6 ft. bike lane in the east bound direction. Leaving Kennedy Dr. a 5-6 ft. bike lane should be marked next to the curb with a 12 ft. travel lane to its left. 200 ft. past the intersection the center of the road would be a 12 ft. left turn lane which could be used by traffic in each direction.This will allow for queuing of the west bound vehicles waiting to turn left onto Kennedy Dr. West Bound At the beginning of the repaving project a 5-6 ft. bike lane be marked next to the curb with a 12 ft. travel lane to its left. In the center of the road would be a 12 ft. left turn lane which could be used by traffic in each direction. Approaching Kennedy Drive the bike lane would proceed straight through the intersection and a right turn lane would exist to its right, similar to Spear St. at Allen Rd. A 12 ft. thru lane would exist to the left of the bike lane with a left turn only lane to the left of the thru lane. This results in 3 12 ft. lanes and a 5-6 ft. bike lane in the west bound direction. Leaving Kennedy Dr. a 5-6 ft. bike lane would be marked next to the curb with a 12 ft.travel lane to its left. In the center of the road would be a 12 ft. left turn lane which could be used by traffic in each direction. Approaching Hinesburg Rd the curb lane be right turn and thru.The left lane be limited to left turn only. Signs will be erected to indicate that the bike lane ends at the intersection. Louis Bresee South Burlington Recreation Path Committee These comments are made in reference to the draft report prepared by RSD dated February 2012 and have been approved and supported by the following: South Burlington Recreation Path Committee South Burlington Energy Committee Local Motion Vermont Bicycle and Pedestrian Coalition February 16, 2012 South Burlington City Council 575 Dorset St. South Burlington, VT 05403 To the Members of South Burlington City Council, Please accept my resignation from the South Burlington Energy Committee as of Friday, February 17th. Because of my obligations to family, work and schooling, I am not able to devote a reasonable amount of time to the Committee. I will continue to follow the Energy Committee's progress, attend meetings and volunteer to help them whenever I am able to do so. I have been on the Committee since it was first formed in 2008. It has been a pleasure to work with such talented and dedicated committee members. Sincerely, Karen Alence 13 Lyons Ave. South Burlington, VT 05403 Cc: Paul Connor, Director of Planning and Zoning Laura Waters, Energy Committee Chair A4lir ii""i i R 1 s i G I N C • I-TRANSPORTATION 110°‘/P1111 ..' .. .- .-:.:r..;tegim,.!.!.',;::;:-.-;-':?0,47.44,.: -.--,,,,,,,„ „ --• ,'.'-A!:,, „dr..,,,.„-:,:,-,--,----:-.,:,.,:: :i..-•:::.::!;:'.12'''': .:PiP:.'94ik.':;''''':: ;:it ,t.-,......i'.?'-'•!'"N'r:.:44:i-.7-::E:::,.t...---."-14,31e.:447.40:1:....-.:.','--7.-4::.',.4,,t: .-,,,',0,.4„-,,,,,,,,,-„,„-:.,-,„„,.. -,,,isof-f,7!!:::,•,,ai,,,•,44--,;,,,,-"" iv ,,.:.:..:110t.k-;:4;:.: :-...--v,i„„„ ,,,,,lests,..„,,,,--,„•,,,,, ,--:„., -,----,,ta ,:, -,-, • --*,,,i,,,,,,,,' ,;',-.0,i;,,,--„,,,,t;,,,),,,,,,I,1 e.,,* lia:• -y.,, ',.- H :.,;.,,:.:,.;:z.,-iv....,, ,,...---'.-_-7i;-.:- .,!:,,,i!..,-:,;,---,..:4,, ,-. ..i,i.:$::g.•4:,,i,-•q- ,:::,..: 4:,;,--;.. --,:,... •-:„..,.., . ......„,...,„,.:.,...:.„. .....,.... Williston Road Complete .",...,..,..„.......„..:......„:„...„,,,..„..„,.„..,„.„.„,_ . . ............. .."...."........".........„.. .., .„..............,..".„..........„...._..„,.......,... ... ,..... .„,K...„:„:„..., ...::::::.:.„,...„....._,.:.,.:.„.,.„. .......::,..!..„..i.,......„...;........:..........,,..:„...„....iri:.,....i.i....„...:„........:„....,,;.:„:::.:.„.,:.:„,..„,..,...,,,,:.„ . ............ ... ..............,....._„.. .................„......,. •,....,..„..„...„.,,.,,..,.„ .......„:„......„:„.....„,..,:„......„....„:„.„.....„.„......„..... ............... • ........,...,..,...........,. Streets Study South Burlington Draft Report February, 2012 DATA ..„',1-- ANALYSIS a SOLUTIONS Prepared for: The City of South Burlington and the Chittenden County Regional Planning Commission C H I TTE N a N south��ta`zn c loug tre..wr COUNTY Prepared by: R S GNC . TR A:V S P OIi"i'Afi f O2aT The preparation of this report has been financed in part through grant[s]from the Federal Highway Administration and Federal Transit Administration, U.S.Department of Transportation,under the State Planning and Research Program,Section 505[or Metropolitan Planning Program,Section 104(f)J of Title 23, U.S.Code. The contents of this report do not necessarily reflect the official views or policy of the U.S.Department of Transportation. Table of Contents Introduction 3 Project Area 3 Current Conditions 4 Crash History 6 High Crash Locations 7 Traffic Volumes and Adjustments 10 Traffic Performance 11 Traffic Results 13 Speed Survey 14 Complete Street Design 15 Entire Study Corridor(Western and Eastern Segment) 15 Traffic Performance 16 Potential Traffic Mitigation 18 Eastern Corridor Segment 19 Traffic Performance 21 Williston Road/Dorset Street Intersection Improvements 22 Lane Changes 22 Roundabout 23 Study Conclusions and Recommendations 24 List of Figures Figure 1. Project Area and 2010 AADT 4 Figure 2. Existing Typical Cross-Section of Williston Road 5 Figure 3.Schematics of Existing Roadway Configuration from Dorset Street to Kennedy Drive 5 Figure 4. Vehicle Crash History by Year(2006-2010) 6 Figure 5. Number of Crashes (2006 to 2010) and Traffic Volumes by Time of Day 7 Figure 6. Reported Crash Locations and HCL Sections and Intersections—Western Section 8 Figure 7. Reported Crash Locations and HCL Sections and Intersections—Eastern Section 8 Figure 8. Speed Survey Result 14 Figure 9. Proposed Complete Street Cross-Section: 15 Figure 10.Schematics of Complete Street Condition between Dorset Street and Kennedy Drive 16 Figure 11. Previously Identified Projects&Additional Concepts 18 Williston Road Complete Street Study—Draft Report Figure 13.Complete Street Condition between Hinesburg Road and Kennedy Drive 20 Figure 14.Transition from the Complete Street Condition to Kennedy Drive 20 Figure 15. Proposed Lane Changes of Westbound Approach at Willston Road and Dorset Street 22 Figure 16. Proposed Roundabout Layout at Williston Road and Dorset Street 23 List of Tables Table 1. Major Contributing Factors of Crashes 9 Table 2.Severity and Weather Related Crashes 9 Table 3.Type of Crashes 10 Table 4. LOS Criteria for Signalized Intersections 11 Table 5. 2011 PM Peak Hour Performance Results for the Existing Condition 13 Table 6.Traffic Performance Results for the Entire Corridor(Existing&Complete Streets) 17 Table 7.Traffic Performance Results for Eastern Section (Existing&Complete Streets) 21 Tab►e 8. LOS Results of the Existing and Proposed Conditions at Williston Road and Dorset Street 22 Table 9. LOS Results- Existing Condition & Proposed Roundabout at Williston Road and Dorset Street 23 Williston Road Complete Street Study--Draft Report Page ii Introduction This study has been commissioned by the Chittenden County Regional Planning Commission (CCRPC)for the City of South Burlington.This study's goal is to explore in detail the possibility of implementing a Complete Street concept for Williston Road (US2) between Dorset Street and Kennedy Drive.This includes reducing the number of vehicle travel lanes from four to three (one lane in each direction with a center lane that accommodates left turns)and adding designated bike lanes within the existing roadway width (curb to curb). Complete streets are designed to enable the safe and efficient travel of pedestrians, bicyclists, motorists and transit riders of all ages and abilities. One of the fundamental premises of this study was to keep any proposed improvements within the existing curb locations so that implementation could coincide with the planned 2012 repaving project, which requires minimal infrastructure changes for expediency's sake. There are three potential phases for this study as indicated below. Results/outcomes of Phase I would dictate whether Phases II and III would move forward. • Phase I—Technical feasibility(traffic performance)of a complete streets design • Phase II—Public outreach and development of preliminary design plans • Phase III—Implementation of a pilot test of a complete streets design This report summarizes outcomes of Phase I,which evaluated the feasibility, as far as vehicle congestion is concerned,of a complete street design along two distinct roadway segments: a)Williston Road from Dorset Street to Airport/Kennedy Drive (entire study corridor); and b) Williston Road from Hinesburg Road to Airport/Kennedy Drive(eastern segment). A Steering Committee was formed to oversee the study with representation from South Burlington City Council, Planning Commission, Rec Path Committee, Department of Public Works, Business Community, CCRPC and Consultant staff.The Committee met numerous times to review study results and discuss study conclusions. Project Area The study area and the two sub-sections are depicted in Figure 1 below. 2010 Annual Average Daily Traffic(AADT) is also indicated for the various sections of roadway, as reported by the Vermont Agency of Transportation (VTrans)Traffic Research Section'. 1 All figures are estimates,with the exception of the VT116-Airport Drive segment where actual counts were performed Draft Report January _1' Page 3 Figure 1.,Project Area and 2010 AADT ):',,:4,0 *, p'f'",*":44',or'-'5glr *1 -:°0,' '40:140,,Ss,, -A-- ' � ,E'x �' E.• y„+t p ate€.4-.r,,,,,-;,.*: 1 0 -. .. 4' 4 ,_ .� '' �a# x&� +,,,,,4" i a ,�a„+ % fin,:, ,, , ,. 8 /gyp % ' 2 a 3 ';\ '� f-t,',.v..= -16---,,,:,.. 7,,,,,,,,z,.:‘,:i7d:vt, Ai, '-f.e-,04,01t -:--- tt ii.rowii, -.0w, --, ,- -,.- - .1 p* y ., - - - "- '''''' '-',;*. ''' ''''' � l.',.• "t ,( H 4 14 L/. l R, ' f�4y ) - ,V 4.' % vet _} 5 " fm 'a° , �. ,Y' ., ”qe: 4 r .. ` � d s s "" v.,, iv . N� � ''7). , -,:r-,,,'"q '''':'-.' •'''''gr pie,4" .,!,,r4.. 4„ 1,,,,,,,4;4,', „ .-, 4,4 ,...4 ,,-:- ,,,,-.s.:, ....t., ,,,,, "4'II'A ,4 l'4„, ,' • ',:t,.. ,4. ti... „. ,i,,,e1 _ ,!1,-,..,,,.,?: ,:,._„,,,.',',3*;f4K,A,'10",''? '' ',' i 7-;-„i7041,t.„ Current Conditions Currently,Williston Road has two lanes in each direction with no shoulder and a sidewalk on each side of the roadway with a green strip. Figure 2 shows the typical cross-section on Williston Road within the study area.Additional auxiliary(turn) lanes exist at the intersections at Dorset St and Airport Drive.The roadway lane configuration from Dorset Street to Kennedy Drive along Williston Road is schematically shown in Figure 3. Williston Road complete Street Study-Draft Report Page 4 Figure 2.Existing Typical Cross-Section of Williston Road .RIM,. . . .ice. . . . �, ice. :k, dimew � IMII � 1 , 15' r 1 2' ; 12' ; 12' ; 12' 5' 5,J Green Travel Travel Travel Travel Green ' Strip No -one Lane Lane Lc^- Sidewalk No Strip Sidewalk Shoulder Shoulder Figure 3.Schematics of Existing Roadway Configuration from Dorset Street to Kennedy Drive CC r 3 < g v g I44* i I Ho+ ; s Y y II r h+�Ph!r-I Ir1 hurl h it \. V. tel I iF.I p is( .°°O jjj A - C Draft Report January 17 Page 5 M4 Crash History Crash records were collected from VTrans (2006-2010)for both western and eastern segments in the study area.VTrans maintains a statewide database of all reported crashes along all state highways and Federal Aid road segments.2 A reportable crash is a collision with at least one of the following results caused by the event: • property damage exceeding$3,000 • personal injury • fatality Figure 4 shows the total number of reported crashes that occurred on Williston Road',from Dorset St to Kennedy Drive„for each year from 2006 to 2010. The total number of crashes varied from 2006 to 2010 from as many as 241 in 2006 to 161 in 2009.The trend follows the trend in traffic volumes (AADT)somewhat—AADT data is indicated in red (squares and right axis) in Figure 4. Figure 4.Vehicle Crash History by Year(2006-2010) 300 23000 250iii - 22500 - 22000 200 �.�,�'' 21500 v p - 21000 150 o � - 20500 a st 100 _ ...�.__ EY 20000 w 19500 r - 19000 A, t 0 �_. 18500 2006 2007 2008 2009 2010 I I 1 2 This data is exempt from Discovery or Admission under 23 U.S.C.409 3 between mile markers 0.47 and 2.00 Williston Road Complete Street Study--Draft Report Page 6 Figure 5 illustrates the crashes by time of day and the corresponding traffic volumes.The highest concentration of crashes in the study area coincides closely with the PM peak hour4. Figure 5. Number of Crashes(2006 to 2010)and Traffic Volumes by Time of Day 900 - ._ ,ar, 800 120 • 700 zau c• 600 1n 500 41.1 L y G. 400 u 300 gp 7 200 100 0 IN II IIIINB ( 1:00 1:00 390 490 00 6:00 7.00 8:00 0000 1000110012:00 1:00 2:00 2:00 4:00 590 6:00 7:00 8::00 0:00 10:00 11:00 12:00 AM AM AM AM AM AM AM AM AM AM AM PM PM PM PM PM PAd PM PM PM PM PM PM AM High Crash Locations Based on the most recent crash data available from VTrans, the Williston Road corridor from Dorset Street to Kennedy Drive exhibits higher than average vehicle crash rates when compared to similar roadway segments around the state—the corridor includes numerous designated High Crash Locations. In order to be classified as a High Crash Location (HCL),an intersection or road (0.3 mile)section must meet the following two conditions: • It must have at least 5 crashes over a 5-year period • The Actual Crash Rate must exceed the Critical Crash Rate for a similar facility. According to VTrans' latest crash data there are two HCL Sections and four HCL Intersections along the study corridor(see Figures 6 and 7). 4 The actual PM peak hour varies from one intersection to the next,starting as early as 4 pm,or as late as 4:45 pm Draft Report January 17 ;`Page 7 figure ure 6. Reported Crash Locations and HCL Sections and intersections-vWestern Section i9lKYrW"3:aYz�z3rsaa' g..,. • " a , ss+98>Sa' ar � �`, � ; #of Crashes Po. 4 �. � � �-< r � �,. 4.0 2sJ2 .�' r w'' 4 q e e„ `r ' '4 ; ,nj s„ Iv gyp. Lc10 ,, X�'7!g ' '3r Z �g�'I k 0 , ° Leonardo s "s rF �.�. Gas"� vi. �- chicken Ca'' 1� � .. ' NCl.inunacnor42003'2W' .' s'Bz 2 statron .wti € s L.sectwna 2003-20i9 Gas � • Qaiznos '° , .L slat on , • '7 _Y DD:HG .. ;<.f4s ' - g ° F ug �,a< - g y,�. a •�; su j..:: ' ' 4 '4 'Rs. at. tR ,.,^�1' 1 _ .- Gas l " �7 '+ '€ Gas — - e , ` m .; s1 .:" ly - - r .'e, a CI s�anon !, ...w.W y : 0 � B d 7 op S :-`-::, Figure 7. Re ,' :-leir..4 ''''N4-,,,, -.-1(Wiz' li,41,.,;'-:,:,',--'',,. c. .s,32 ported Crash Locations and HCL Sections and Intersections-Eastern Section q2 �." �` '"' k of Crashes s '" .. Wner ro '° '!f "a . q w;,.M',ccm+nzoc3.ax1 �i,"t i .,�' zvp s ';', t? ;d ' ' '.S- 20p3'..'36' ittc: 4' A M, �" � .- � Kinney ' ' O ice ii.- Z r � ,, �.. Dn s qw' Riches (31d . P 'Tit4Ag&A" ;:.,,,;-, Volk,, ,:,,, :.-‘,:y,*"e,;,:f.,:i:"4 Tif.'/, '.. ' .,-1A...4.-161,°'-'1*, ..'.."/ '"'-'.,...is, ''T - t. pg ttree'''eN,.' t 1 ''i'' ..p•'"-,'-'i*:k"'Art,'''',"si .•:.-, ----': tee,* k*, '",:11--„,3;-,41!--1 ' - , '';.-- ','",%, F' 3 2. SP'J t,N3DlNlie Williston Road Complete Street Study Draft Report Page 8 While several factors contribute to the crashes, inattention,failure to yield right of way and following too closely are three major contributing factors for crashes on Williston Road in the study area (see Table 1).These are factors that could be attributed to congestion and poor access management (multiple conflict points for turning vehicles) in the corridor. Table 1. Major Contributing Factors of Crashes #of crashes %of crashes Inattention 359 38% Failed to yield right of way 292 31% Followed too closely 202 21% Visibility obstructed 63 7% Failure to keep in proper lane 63 7% Made an improper turn 60 6% Other improper actions 58 6% Distracted 44 5% Unknown 34 4% Driving too fast for conditions 31 3% Disregarded traffic signs, signals, road markings 23 2% Under the influence of medication/drugs/alcohol 13 1% Operating vehicle in erratic,reckless,careless,negligent, or aggressive manner 11 1% Swerving or avoiding 8 1% Wrong side or wrong way 6 1% Operating defective equipment 4 0% Fatigued/asleep 2 0% Note:some crashes have more than one contributing factor. Inclement weather does not appear to be a significant factor in crashes along Williston Road in the study area since over 80%of the crashes occurred when it was clear or cloudy. There were no fatal crashes reported,and 10%of the crashes resulted in personal injuries(see Table 2). Table 2.Severity and Weather Related Crashes #of crashes %of crashes Inclement weather 154 16% Injury crashes 100 10% Fatalities 0 0% Draft Report January 17 Page 9 ME4 Nearly half of the crashes on Williston Road were rear end collisions,while sideswipe and broadside collisions composed almost another half of total crashes (see Table 3). Table 3.Type of Crashes #of crashes %of crashes Rear end 399 42% Sideswipe 220 23% Broadside,with turns 142 15% Broadside,no turns 82 9% Other 58 6% Single vehicle 32 3% Head on 19 2% Turn crash 5 1% Total 957 100% Traffic Volumes and Adjustments The traffic turning movement counts for signalized study intersections along Williston Road were provided by the CCRPC.The analysis was done for PM peak hour(4:45 PM to 5:45 PM )which represents the worst condition in the corridor.The PM peak hour traffic volumes were adjusted to represent the Design Hour Volume(DHV5) in 2011 (Appendix A).A detail description of the DHV adjustment factors are provided below: 1. A design hour adjustment factor is based on VTrans' DHV Policy for urban streets.The major DHV adjustment used the AADT along Williston Road at the short-term counter S6D209, in South Burlington, located 100 feet east of Hinesburg Road (VT116),to obtain the seasonal adjustment.' The Urban Area "k"factor of 10.4%was applied to the AADT to determine the design hour volume along Williston Road.The DHV design hour adjustment factor increases volumes of the study intersections (except for the Williston Road and Kennedy Drive intersection) by 17%based on the 2008 AADT.We also used two other short-term counters at two intersections in the study area. The short-term counter S6D133 located on VT116 just north of Market Street was used to obtain the seasonal adjustment for the VT116 northbound approach and the Patchen Road southbound through movements, which increases volumes by 9%based on the 2010 AADT.The short-term counter S6D075 located on Kennedy Drive just south of Williston Road was used to obtain the seasonal adjustment for the Williston Road and Kennedy Drive intersection,which increases volumes by 5%based on the 2009 AADT. 5 The DHV is the 30th highest hour of traffic for the year and is used as the design standard in Vermont 6 Typically,continuous traffic counters,which collect data year round,are used in calculating the design hour adjustment factors.It was determined that there were no appropriate continuous traffic counters,so VTrans short term counters were used instead,as prescribed in the VTrans Traffic Impact Study Guidelines. Williston Road Complete Street Study -Draft Report Page 10 2. An annual adjustment factor,which represents general background traffic growth, is based on estimated growth in the area.The annual adjustment factor is based on the expected growth rate from the VTrans Continuous Traffic Counter Grouping Study and Regression Analysis'and it decreases volumes by 2% between 2008 and 2011, and holds volumes the same between 2009 and 2011,and 2010 and 2011. Traffic Performance Congestion in the Williston Road corridor is controlled by the performance of the signalized intersections, especially the three major intersections of Dorset Street, Hinesburg Road and Kennedy Drive.Traffic performance of the corridor was measured using Level-of-Service (LOS),Volume to Capacity ratio (V/C)and queue analyses at signalized intersections. Intersection operation is usually assessed based on Level-of-Service analyses. LOS is a qualitative measure describing the operating conditions as perceived by motorists driving in a traffic stream. LOS is estimated using the procedures outlined in the Highway Capacity Manual. Key inputs for LOS analyses include traffic volumes, number of lanes at each intersection and the traffic signal timing plans. The Highway Capacity Manual (HCM)defines six grades to describe the level of service at an intersection. LOS is based on the average delay per vehicle.Table 4 shows the various level-of-service grades, qualitative descriptions, and quantitative definitions for signalized intersections. Table 1. LOS Criteria for Signalized Intersections Signalized LOS Characteristics Total Delay(sec) A Little or no delay <_10.0 B Short delays 10.1-20.0 C Average delays 20.1-35.0 D Long delays 35.1-55.0 E Very long delays 55.1-80.0 F Extreme delays >80.0 'VTrans-http://www.aot.state.vt.us/Planning/Documents/TrafResearch/Publications/Redbook2009.pdf 7,1 '..s In general,the VTrans policy on Level of Service indicates that an overall LOS C should be maintained for state highways and other streets accessing the state facilities,especially in rural areas of the state. Lower LOS are acceptable for urban and village centers and other developed areas where achieving a LOS C will have negative impacts on the natural and/or build environment or other resources. Due to the severe constraints posed by the existing build conditions,this study assumes that LOS D is acceptable within the Williston Road study corridor. In addition to LOS analyses,vehicle queues were also evaluated, particularly those that extend beyond adjacent intersections,thereby reducing available capacity of those intersections. Traffic performance for signalized intersections within the study area was estimated using SimTraffic (v7 by Trafficware), a microsimulation software. V,'dkton Y f Traffic Results Table 5 summarizes the results of the traffic performance analysis for the existing conditions (2011). Notable signs of excessive congestion are highlighted in yellow. Table 2.2011 PM Peak Hour Performance Results for the Existing Condition PM Peak Hour Existing Condition Signalized Intersections 2011 DHV Williston Rd.(US2)/Dorset St./Holiday Inn LOS Avg.Delay(s) Avg.Queue(ft) Overall F 186 N/A Northbound F 569 2705 Southbound E 68 19 Westbound D 42 569 Eastbound C 31 165 Williston Rd.(US2)/Windjammer LOS Avg.Delay(s) Avg.Queue(ft) Overall F 107 N/A Northbound F 187 100 Southbound F 115 96 Westbound F 95 921 Eastbound F 121 583 Williston Rd.(US2)/White St./Midas Dr. LOS Avg.Delay(s) Avg.Queue(ft) Overall F 88 N/A Northbound F 188 182 Southbound F 392 312 Westbound C 25 218 Eastbound F 81 408 Williston Rd.(US2)/Hinesburg Rd. LOS Avg.Delay(s) Avg.Queue(ft) Overall F 190 N/A Northbound E 67 298 Southbound F 151 495 Westbound F 346 1645 Eastbound D 46 215' Williston Rd.(US2)/Airport Dr. LOs Avg.Delay(s) Avg.Queue(ft) Overall C 33 N/A Northbound C 29 160 Southbound D 35 109 Western segment Westbound D 35 255 Transition Eastbound D 36 179 Eastern segment Under existing conditions,the western section of the study corridor(Dorset St to Hinesburg Rd) exhibits severe congestion at all signalized intersections during the PM Peak hour of travel.Currently,the Williston Road/Airport Drive/Kennedy Drive intersection is less congested and operates at acceptable levels of service. Draft Report January 17 Page 13 Speed Survey In order to better understand the existing operational condition on Williston Road in the study area, Resource Systems Group conducted a speed survey on both western and eastern segments in May, 2011,during off peak8 periods (see Figure 8). Figure 8.Speed Survey Result 45 _ 41 4 ._._._. 40 .... — 35 36 I � a y 30 0. 1j 25 35 mph-posted 1111 > ■ speed limits 15 al r 10 ■ ■ 5o , ■ EB WB EB WB Western Section Eastern Section The survey results show that vehicle speeds along the eastern segment tend to be notably higher than those along the western segment,where speeds are 6-7 mph over the posted speed limit. A likely explanation for lower speeds observed in the western segment is the relative abundance of visual cues for drivers, particularly the higher density of development,driveways,traffic signals and land use activity. 8 Off-peak conditions are suggested for such surveys as they are more likely to operate under free-flow conditions,when speeds are less likely to be artificially suppressed by congestion.The survey carefully and randomly targeted such vehicles. Williston Road Complete Street Study--Draft Report Page 14 Y�� Complete Street Design As discussed in previous sections,the Complete Streets design includes the reduction of vehicle travel lanes from four to three (one lane in each direction with a center lane that accommodates left turns) and the addition of designated bike lanes within the existing roadway width. Entire r tud Corridor (Western and Eastern Segment) Figure 9 shows the evaluated complete street cross-section.The primary benefit of this cross-section is the provision for designated bicycle lanes, while a significant secondary benefit would be the creation of an exclusive lane for left turning vehicles accessing the numerous driveways and busy adjacent land uses, particularly in the western segment of the corridor. Note that one of the goals of this study was to work within the confines of the existing roadway width.Widening the roadway would involve drainage, utility or even sidewalk improvements/relocation,with serious right-of-way implications, all of which would preclude any corridor improvements during the paving of Williston Road (by VTrans) in 2012. Figure 9.Proposed Complete Street Cross-Section: tilt 'f 1 '- .- -rp.7-, p g_. Limits of Work: 62' Existing Right of Way: 66' 5 • 'N , IK if EL� -t1<�CD N a (I) i , ) Alit Yy ll) Craft Report January 17 Page 15 Traffic Performance Early assessment of Williston Road intersections at Dorset Street and Kennedy Drive showed that dropping approach lanes at these locations would have drastic(negative) impacts on the performance of the corridor,therefore these intersections maintained their current lane configuration under the Complete Streets scenario.The Complete Street concept was applied to the rest of the corridor (roadway segments and intersections)as shown in Figure 10. Figure 10.Schematics of Complete Street Condition between Dorset Street and Kennedy Drive r C p V 7 S 3 o cn o 0 n o D_ fi 4 1 1 4 + 4J' 4- ft s g 4- s € r _t € r h h Bike Lane 2 K a o w a N _< 6 N v n C 6 Fb rt N OA 0 Q The assessment of traffic performance for the Complete Street condition was developed utilizing a SimTraffic simulation model.Table 6 summarizes the traffic performance results for the existing and the Complete Street conditions for the entire study corridor in the PM peak hour. Williston Road Complete Street Study--Draft Report Pale 1.6 PA Table 3.Traffic Performance Results for the Entire Corridor(Existing&Complete Streets) PM Peak Hour Existing Condition Complete Street Condition Signalized Intersections 2011 DHV 2011 DHV Williston Rd.(US2)/Dorset St./Holiday Inn LOS Avg.Delay(s) Avg.Queue(ft) LOS Avg.Delay(s) Avg.Queue(ft) Overall F 186 N/A F 343 N/A Northbound F 569 2705 F 1222 3232 Southbound E 68 19 E 58 18 Westbound D 42 569 D 38 267 Eastbound C 31 165 C 31 166 Williston Rd.(US2)/Windjammer LOS Avg.Delay(s) Avg.Queue(ft) LOS Avg.Delay(s) Avg.Queue(ft) Overall F 107 N/A F 86 N/A Northbound F 187 100 F 156 51 Southbound F 115 96 F 119 57 Westbound F 95 921 D 54 676 Eastbound F 121 583 F 126 620 Williston Rd.(US2)/White St./Midas Dr. LOS Avg.Delay(s) Avg.Queue(ft) LOS Avg.Delay(s) Avg.Queue(ft) Overall F 88 N/A F 139 N/A Northbound F 188 182 F 1041 553 Southbound F 392 312 F 141 244 Westbound C 25 218 B 14 182 Eastbound F 81 408 F 169 1033 Williston Rd.(US2)/Hinesburg Rd. LOS Avg.Delay(s) Avg.Queue(ft) LOS Avg.Delay(s) Avg.Queue(ft) Overall F 190 N/A F 495 N/A Northbound E 67 298 F 254 1049 Southbound F 151 495 F 428 1185 Westbound F 346 1645 F 939 3916 Eastbound D 46 215 F 114 477 Williston Rd.(US2)/Airport Dr. LOS Avg.Delay(s) Avg.Queue(ft) LOS Avg.Delay(s) Avg.Queue(ft) Overall C 33 N/A F 151 N/A Northbound C 29 160 F 156 857 Southbound D 35 109 F 93 281 Westbound D 35 255 F 254 1509 Eastbound D 36 179 C 25 122 Results indicate that the Complete Streets configuration produces significantly more congestion (increased delays and long queues)throughout the study corridor when compared to existing conditions. It should be noted that even though LOS results for the Complete Streets scenario might appear better for some approaches this is due to the excessive number of vehicles that are denied entry'in the corridor for this scenario-772 vehicles are denied entry for the complete street configuration compared to 368 vehicles for existing conditions.The high number of cars that are denied entry to the corridor indicates that queues at the approaches to the corridor were growing progressively worse (through the PM Peak analysis hour)for the Complete Street scenario and that results presented in Table 6 may represent artificially optimistic conditions. 9 Denied Entry is a count of vehicles that are unable to enter the system in the analysis period due to congestion.Denied entry includes external links and mid-block vehicle sources.This is useful to see if congestion is getting worse or better.Modeled vehicles that are denied entry are not included in the calculation of delay,thus delay results are somewhat underestimated. l)r a (r,;, ti r "i1 1 ,1- In summary, implementing the Complete Street concept for the entire study corridor under existing traffic conditions will significantly increase congestion with longer delays and vehicle queues.The intersection of Williston Road and Hinesburg Road will experience the worst congestion among all study intersections. Potential Traffic Mitigation To address the question of how can traffic on Williston Road be reduced to allow for possible lane changes,the US 2 Corridor Transportation PIan10(2007)was reviewed and potential Williston Road traffic impacts from planned network improvements where identified. In particular,the US 2 Corridor Plan identified a list of Previously Identified Projects (PIPs)and Additional Concepts(ACs)that have the potential to significantly reduce traffic on Williston Road—see Figure 11. Figure 11. Previously Identified Projects&Additional Concepts ,n ssex Jtt.... .. rlington ' "' / a 2 '{sU Las' r�rona nT ' f 4 a i:.. .xex 1 3r t .i4an Re7 6 Man v ee 9 _. ' ,,� i� Burlin ton � it it Williston s • oe: a.n esea.:si 1 a u k e n enl .j_ t C ercao _ esNa- r 4. .. .... 9 v• e "lee fy i e 0..0. PMaraf - ... t 1 �r/A,�'� '' 1 i :mos% —-- „,,,..„,„,,,,---- ,. -, - . .; ,� y 3 t J-.Iar ir:am4.. : , ., [I la9 u*4. y 1 5 Ink D Network Changes included in Modeling Scenarios Traffic Forecasting US 2 CORRIDOR PrewJx+lartrxwar•^ Network Assumptions *lig,,,«„r::<.roroat..-ne p STUDY ammok¢X ow'aew ,rr V6 2'Skttly n.eag 'rn.M1x coc.p. rd 9en nrat pravxl. 06 01 0 0.6 Mlles n•3a Ntemaeres berg E.....CI in CM Ei: ` '___' a Eg M)Lifta a;:> 1 Traffic modeling results from that US 2 Corridor Plan show that the PIPS have the potential to reduce traffic on Williston Road by 24%on average, and when the ACs are included by 31%. Even though these percentages are encouraging,traffic analyses indicate that an estimated 39%reduction in traffic is needed for a Complete Street concept to succeed (overall intersection LOS D or better) in the Williston 10 US2 Corridor Management Plan;10 August 2007,Final Report Williston Road Complete Street Study--Draft Report Page 18 Road corridor(eastern and western segments).Also note that the intersection of Williston Road and Hinesburg Road is the limiting factor as the lack of turning lanes combined with heavy side street traffic constrains this intersection more than others in the corridor. Eastern orridor Segment On June 7th, 2011, initial results for the entire study corridor were presented to the project Steering Committee.At this meeting,the committee members agreed on two scenarios for further evaluation: 1. The Complete Street concept implemented only for the eastern section of Williston Road (Hinesburg Road to Kennedy Drive)while maintaining intersection capacity at either end. 2. At the intersection of Williston Road and Dorset Street evaluate the following: a. Whether a new lane assignment at the Williston Road westbound approach—eliminate one exclusive left-turn lane and convert it to a 3rd though lane—would improve traffic conditions. b. Whether a multilane roundabout would improve conditions at this location. Schematics representing the Complete Street lane configuration from Hinesburg Road to Kennedy Drive are shown in Figures 12-14.As noted above,the Williston Road intersections at Hinesburg Road and Kennedy Drive remain in the existing condition,except that left-turns would not be allowed from the eastbound Williston Road approach onto Patchen Road. Figure 12.Transition from Hinesburg Road to the Complete Street Ccn it.on • 4 ' af: . v - r Y.2°' -/ 5601`CUEU G AN6 EROIN3 •'a h',,._ 245 I.AIS£ADDfDROP _ 4-fr:Iii*T4( witilgT6r7Ro a \ a� ;°a Existing Transition from \ SCALE -- Propsed Tw LTI Hinesburg Rd to . Proposed 25 Sp t Proposed bike Lane'Snared Use cazb Complete Street � t Existing median Lotting ROW Draft Report January 17 Page 19 0,41114 Figure 13.Complete Street Condition between Hinesburg Road and Kennedy Drive t i ) ,\ ,, tv BIKE LANE ..__._ N TRAVEL LANE �' TWO WAY LEFT TURN LANE 1 f r TRAVEL LANE f1 BIKE LANE / '''\ C-1 ) . . Complete Street \, SCALE xisting between Hinesburg Rd 'a _ Lr..r_s� Proposed TWLTL and Airport Dr i, 0 25 50 Proposed Bike Lane/Shared Use Path I V Existing ROW Figure 14.Transition from the Complete Street Condition to Kennedy Drive k \ v 24S LANE ADDIDRCYP 285'QUEUING AND MERGING a I ! o, 1 _ LL_ISTON R �I. 1.2--''''''''''';'-'::::'' ! p ��,,,,,t„1Pi�,�, ,. - ItIg t}1111111 llllh»1111t1'lllhi y\ 4 Am y ,°, w. - I TransiTransitionor,from SCALE — Exi,Existing Proposed 1'WLTL - - - Complete Street to """" _... . 0 25 50 100 proposed Bike Lane;Shared Use Path C Airport Or Existing Median - --—- j- Existing ROW Williston Road Complete Street Study--Draft Report Page 20 Traffic Performance Traffic analyses for the PM peak hour of the eastern corridor section (Hinesburg Road to Kennedy Drive) was performed using a SimTraffic microsimulation model, in order to best capture the effect and interaction of vehicle queues. LOS and queue results presented in Table 7 indicate that the elimination of a travel lane at the eastern section increases congestion in the corridor(lower LOS and generally increased vehicle queues). Analyses indicated that even though the lane configuration (thus capacity)of the Hinesburg Road and Kennedy Drive intersections was preserved for this complete street scenario,the congestion increased due to diminished capacity downstream of the signalized intersections,where two lanes merge into one. Table 4.Traffic Performance Results for Eastern Section(Existing&Complete Streets) Williston Rd. Eastern Section Existing Condition Complete Street Condition 2011 DHV(PM Peak) 2011 DHV(PM Peak) Williston Rd.(US2)/Hinesburg Rd. LOS Avg.Delay(s) Avg.Queue(ft) LOS Avg.Delay(s) Avg.Queue(ft) Overall F 190 N/A F 252 N/A Northbound E 67 298 F 96 429 Southbound F 151 495 F 279 849 Westbound F 346 1645 F 85 425 Eastbound D 46 215 F 634 1843 Williston Rd.(US2)/Airport Dr. LOS Avg.Delay(s) Avg.Queue(ft) LOS Avg.Delay(s) Avg.Queue(ft) Overall C 33 N/A E 73 N/A Northbound C 29 160 C 32 184 Southbound D 35 109 D 35 112 Westbound D 35 255 F 154 1030 Eastbound D 36 179 C 26 156 Draft Report January 17 Page 21 Williston Road/Dorset Street Intersection improvements Lane Changes As indicated in Figure 15,the proposed reconfiguration of the Williston Road westbound approach at this intersection converts one of the two existing left-turn lanes into a third through lane. The far right lane would exclusively serve the Holiday Inn and 1-89 northbound on-ramp. Figure 15. Proposed Lane Changes of Westbound Approach at Williston Road and Dorset Street O r4 Z. .� 4. X� ` fir` C.p,_ Table 8 shows the Synchro (v7 by Trafficware) HCM results under both existing and proposed conditions in the PM peak hour. Table 5. LOS Results of the Existing and Proposed Conditions at Williston Road and Dorset Street 2011 DHV(PM Peak) Existing(LT+LT+TH+TH/RT) Proposed(LT+TH+TH+TH/RT) Williston Rd.(US2)/Dorset St./Holiday Inn LOS Avg.Delay(s) Q Length(ft) LOS Avg.Delay(s)Q Length(ft) Overall E 59 N/A D 51 N/A NB Left,Dorset St. F 124 #731 F 95 #696 NB Left and Thru,Dorset St. F 125 #735 F 97 #701 NB Right,Dorset St. D 47 104 D 41 79 SB left and Thru,Holiday Inn E 71 37 E 71 37 SB Right,Holiday Inn E 67 20 E 67 20 WB Left,Williston Rd. E 60 201 E 67 #452 WBThru and Right,Williston Rd. D 55 #1068 D 36 604 EB Left,Williston Rd. F 98 m42 F 98 m42 EB Thru,Williston Rd. D 51 481 E 69 #524 EB Right,Williston Rd. A 2 244 A 2 244 #-95th percentile volume exceeds capacity,queue may be longer. Queue shown is maximum after two cycles. m-Volume for 95th percentile queue is metered by upstream signal. Results indicate that the overall intersection LOS and delays for some of the approaches are improved under the proposed lane configuration changes.The tradeoff in reduced capacity for left turning Williston Road Complete Street Study--Draft Report Page 22 Mitti vehicles, by dropping one left turn lane,while increasing capacity for the westbound through movement, proves to be beneficial overall since the through movement has significantly higher volume. Roundabout The proposed roundabout layout at this intersection is shown in Figure 16. Figure 16. Proposed Roundabout Layout at Williston Road and Dorset Street ! )•'.<• 7 '4/ ate. The roundabout analysis was conducted using SIDRA(v5, by Akcelik&Associates). Results are presented in Table 9. Table 6. LOS Results-Existing Condition&Proposed Roundabout ;a--; Darst,,t 2011 DHV(PM Peak) Existing Condition Proposed Roundabout Williston Rd.(US2)/Dorset St./Holiday Inn LOS Avg.Delay(s)Q Length(ft) LOS Avg.Delay(s)Q Length(ft) Overall F 198 N/A F 168 2773 Northbound F 559 2681 F 250 2046 Southbound E 74 20 B 20 14 Westbound D 42 527 F 262 2773 Eastbound D 39 166 B 19 627 Although delays for many of the intersection approaches improve in the roundabout configuration,the westbound approach experiences much longer delay and queues, and the overall condition is still LOS F. Draft Report January 17 Page 23 irsAloW4 01°r1 Study Conclusions and Recommendations Traffic analyses conducted to evaluate the feasibility of a complete street design for Williston Road (Dorset Street to Kennedy Drive) indicate that congestion will increase significantly(excessive delays and queues) under the complete streets scenario for 2011 traffic conditions. Results indicate that an estimated 39% reduction in traffic is needed for a Complete Street concept to succeed (overall intersection LOS D or better) as far as traffic performance is concerned. Complete Street lane configuration for the eastern segment only(Hinesburg Road to Kennedy Drive) also creates excessive delays and queues under 2011 traffic conditions. The Williston Road/Hinesburg Road intersection is the most constrained intersection in the corridor, with significant side road traffic, but lacking any auxiliary turning lanes on Williston Road. The study recommends the following improvements that have the potential to increase traffic and pedestrian safety and ease traffic congestion (over time) in the Williston Road study corridor: • Pave Market Street to provide a viable alternative route to Williston Road for vehicles traveling between Hinesburg Road and Dorset Street.These types of local roadway connections are crucial to reducing traffic on Williston Road. • Continue to plan for frontage roads (or private connections)that would allow access between adjacent properties and reduce trips turning onto and off Williston Road. • Prohibit eastbound left turns from Williston Road onto Patchen Road. • Pursue a lane designation change for the westbound traffic at Dorset Street: • Existing lanes: 2 Left, 1 Through, 1 Through/Right • Proposed lanes: 1 Left, 2 Through, 1 Through/Right • Develop a comprehensive access management plan for the western segment with participation of all area businesses and property owners.Consolidation of driveways together with improved connectivity of adjacent properties/businesses could significantly improve safety for pedestrians, bicyclists and vehicles in the corridor as well as provide better access for area businesses. Williston Road Complete Street Study-Draft Report Page 2.4 40 011 tat 4:1110.1" southburlington PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: South Burlington Planning Commission Paul Conner, Director of Planning &Zoning SUBJECT: First Reading of Draft Land Development Regulations approved by Planning Commission DATE: February 21, 2012 City Council meeting The Planning Commission voted on February 8`h, following its public hearing, to approve the enclosed series of amendments to the Land Development Regulations and forward them to the City Council for consideration. As discussed at the Council's December public hearing on the recent amendments approved at the time, the proposed changes to the Table of Uses for residential & institutional zoning districts was inadvertently omitted from the hearings. The Planning Commission therefore warned and held a new public hearing on these amendments, which are now presented to the Council for consideration. Amendments include: • Integration of congregate care, medical offices, social services and general offices into the Transit Overlay District established in December. • Removal of the land use entitled"clinic, medical, dental, or optical" (as it was determined to be a redundant land use category within the table of uses—"medical office" covers all of these) • Reclassification of places of worship to be permitted uses (in accordance with state law). The Commission discussed and developed these amendments during the summer of 2011 and reviewed them as part of their public hearing. The vote to approve was unanimous. Recommendation: staff recommends the City Council proceed by warning a Second Reading and Public Hearing to consider the adoption of these amendments (suggested date: Monday, March 1W) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com APPENDIX C USES and DIMENSIONAL STANDARDS C-la Key to Proposed Amendments Proposed additions are bold and underlined;proposed do1otio....ha e"line t roa h th1 Institutional Residential Southeast Quadrant RESIDENTIAL&INSTITUTIONAL IA(1) PR MU RI R2 R4 R7 R7- R12 LN QCP SEQ- SEQ- SEQ-NR SEQ-VR SEQ- DISTRICTS NC(2) NRP NRT VC(2) Residential Uses Single-family dwelling P P P P PUD PUD P HE P P P P Two-family dwelling PUD P P P PUD PUD P P P P P Multi-family dwelling PUD PUD P PUD PUD PUD _um__r Al P 1' __-_— Agricultural Uses Horticulture&forestry with on-premise sales Permitted in all districts;3 acre minimum lot size in all districts. Horticulture&forestry,no on-premise sales Permitted in all districts Keeping of livestock on 10 acres or more P P P P P ___—__ '.'r AI P P Single-family dwelling related to agriculture P P P P P P P _P _W P I.P P P Additional dwellings for farm employees P P P P P P P _P ` 111M , = lib..��J_�P Public& I uasi-Public Uses _Abb.— Cemeteries Conditional in all districts Community center PUD P P ____P /—k Illa 1__P P P Congregate care,assisted living,or continuum - C 111.4P—F 411141M of Gaze facility Cultural facility PUD _— _- 4_Mill___— Educational facility PUD P C 1 Mil Educational support facilities PUD NM____� Funeral homes and mortuaries WM____� Group home Please see Section 13.12 for regulations. Group quarters PUD ___ ___-- Hospice P ____ la. °i y., _____— Municipal facility C P ___ _A ______ Parks Permitted in all districts _ Personal instruction facility _ TI' l Place of worship PUD 6 I C P IG e E Y C Y i P G P Recreation paths Permitted in all districts SIN Social services " ' '6 C 1 O C Commercial Uses Adult use South Burlington Land Development Regulations Draft for City Council First Reading 2-21-2012 APPENDIX C USES and DIMENSIONAL STANDARDS C-2a Institutional Residential Southeast Quadrant RESIDENTIAL&INSTITUTIONAL IA(1) PR MU RI R2 R4 110 R7- R12 LN QCP SEQ- SEQ- SEQ-NR SEQ-VR SEQ- DISTRICTS NC(2) NRP NRT VC(2) Auto&motorcycle service and repair, C accessory use,no fueling pumps Bed and breakfast,min. I acre lot C C C C C C C —C(3) Family child care home,registered or licensed P P P P P P P P P P P P P Child care facility,licensed non-residential P p I7.,` C -.-_ Commercial greenhouse C-ACC ,o. Commercial or public parking facility C C Convenience store<3,000 SF within principal N-PUD P structure Financial institution P Golf course C C Office,general PUD C PUD TO P PUD-TO C Office,medical ,7;"; IJDJ2 P PUD—TO , C Personal or business service,principal use p -.\ Personal or business service,up to 3,000 SF N-PUD P -� C GFA per any one principal structure Pet Grooming P A - Photocopy&printing shops with accessory N-PUD 11f4IF_ retail Private providers of public services,including vehicle storage and maintenance Recreation facility,indoor N-PUD C C Recreation facility,outdoor N-PUD C C Research facility or laboratory PUD IMIMII 1— Restaurant,short order N-PUD Restaurant,standard N-PUD L_AIMIIIIMIMII--C Retail and retail services up to 3,000 SF GFA N-PUD Blaillinill_ C within any one principal structure Retail food estab.<5,000 SF GFA N-PUD P --C Seasonal Mobile Food Unit p station station w/convenience store C Waste transfer stations C - South Burlington Land Development Regulations Draft for City Council First Reading 2-21-2012 4‘4441 scut f I ng PLANNING & ZONING South Burlington Planning Commission Proposed Land Development Regulation Amendment Report Public Hearing Scheduled for Wednesday, February 8,2012 In accordance with 24 V.S.A. §4441(c), the South Burlington Planning Commission has prepared the following report regarding the proposed amendment to the city's Land Development Regulations. Brief Description of the Proposed Amendments The South Burlington Planning Commission will hold a public hearing on Wednesday, February 8, 2012 at 7:30 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendment to the South Burlington Land Development Regulations: 1. Modify table of uses (Appendix C) related to places of worship, and clinics, social services, congregate care, and general and medial offices for consistency with amendments passed in 2011. Findings Concerning the Proposed Amendment The proposed amendments have been carefully considered by the Planning Commission over the course of several meetings for their consistency with the text, goals, and objectives of the City of South Burlington's Comprehensive Plan, last adopted March 9, 2011. The proposed amendments are consistent with the goals and policies of the Comprehensive Plan. Specifically: > The following proposed amendments are intended to improve clarity and accuracy within the Regulations. • Elimination of"clinic, medical, dental, or optical" as a redundant and undefined land use category. • Categorization of"places of workshop" as permitted uses, to comply with state law. The following amendments represent adjustments to standards within the Regulations that are consistent with the intent of the regulations, the Comprehensive Plan, State Law, and Federal Law: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com • Integrate certain transit-supportive land uses (congregate care, social services, general office, medical office) into the City's recently-established Transit Overlay District These amendments are consistent with the goals and policies of the Comprehensive Plan, as described below. The amendments include integration of residential and institutional zoning districts into the recently-established transit overlay district. These amendments are consistent with the Comprehensive Plan goal of encouraging a land use pattern generally consisting of a higher-density, compact urban core and continued investment and growth in existing developed corridors. The remainder of the amendments will provide greater internal consistency within the document and its standards, and greater consistency with State and Federal Law. Based on discussions with Councilors Dooley and Greco 2/17/12 DRAFTINTERIM BYLAW I . PURPOSE: Land development in the City in the recent past has eliminated much open space throughout the City, including land designated as primary agricultural soil . In addition, there are approximately 700 dwelling units approved under the Land Development Regulations, but not yet constructed. At the same time, there has been an overall decrease in the affordability of housing within the City. Burlington International Airport' s Noise Compatibility Program and related programs have resulted in the purchase and removal from the market of more than 100 homes that are located near schools, parks, shopping centers and public transportation. This program is expected to remove from the market at least 100 additional homes located near the airport. Without any changes to the current City Land Development Regulations, these trends are unlikely to change. In October 2011, the City Planning Commission and Planning and Zoning Department hosted the Community Design Workshop to develop a new plan for the City Center and adjacent Williston Road area with the goal of adopting a Form Based Code-style of regulation for this and possibly other areas of the City. Two corridor studies, of Shelburne Road and of Williston Road, are also underway. In addition, the Planning Commission has established a committee to study, discuss and report to the 1 Based on discussions with Councilors Dooley and Greco 2/17/12 DRAFT Planning Commission on a more affordable type of housing known as "cottage housing" . The Planning Commission is also in the process of a complete update of the City' s Comprehensive Plan. As part of this update, the Comprehensive Plan may include as City goals support of sustainable agriculture, conservation of open space and promotion of housing for people of all incomes and stages of life. In light of the above, the purpose of this Interim Bylaw is to provide the City time to complete the above-listed work and necessary studies, review the results of the studies, the Form Based Code and the updated Comprehensive Plan; to determine whether additional studies are needed to plan for the development of the City in a manner that is consistent with the City' s goals and objectives; and to prepare and adopt amendments to the Land Development Regulations that implement the City' s goals and objectives . II. DESCRIPTION OF DISTRICTS AFFECTED: This Interim Bylaw shall apply to all Districts established and listed in Article 3 . 01 (A) (1) - (4) of the South Burlington Land Development Regulations except for: A. Airport Industrial B. Airport C. Institutional Agricultural - North D. Queen City Park E. Lakeshore Neighborhood F. Municipal G. Park and Recreation H. Southeast Quadrant - Village Commercial 2 Based on discussions with Councilors Dooley and Greco 2/17/12 DRAFT I. Mixed Industrial and Commercial District J. Industrial and Open Space District III . LIMITATIONS ON LAND DEVELOPMENT: Within the areas affected by this Interim Bylaw, the following shall not be allowed: A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes . F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15 . 07 (D) (3) (a) - (e) of the South Burlington Land Development Regulations . IV. EXEMPTIONS: The provisions of Section III above notwithstanding, this Interim Bylaw shall not prohibit: A. Alterations of an existing single family dwelling provided that the cumulative alterations do not result in a total increase of more than 750 square feet to the building footprint and the building' s square footage. B. Alterations of an existing two-family dwelling provided that the cumulative alterations to each dwelling unit do not result in a total increase of more than 750 square feet to the 3 Based on discussions with Councilors Dooley and Greco 2/17/12, DRAFT footprint of the portion of the building containing the subject dwelling unit and the dwelling unit' s square footage. C. Alterations of any existing structures used for commercial or industrial purposes that do not result in an increase to either the building footprint or the structure' s square footage. D. Development for which there is an approved Master Plan. E. Land Development on property owned by Highlands Development Company, LLC and JAM Golf, LLC on the eastern side of Dorset Street that is currently the subject of litigation in Docket Numbers 194-10-03 Vtec and 38-3-11 Vtec, should settlement of said litigation be carried out as intended and described in Planning and Zoning Director Paul Conner' s memorandum dated November 23 , 2011, and the land exchange be carried out as approved by the City of South Burlington voters on December 6, 2011 . F. Amendments to site plans involving a principal permitted use, site plans involving an approved conditional use and site plans of planned unit developments, if the proposed amendment meets one or more of the following criteria, even if the proposed amendment results in or requires either or both a request for a waiver under Article 13 .01 (N) (2) of the South Burlington Land Development Regulations and a request for a landscaping credit under Article 13. 06 (G) (3) of the South Burlington Land 4 Based on discussions with Councilors Dooley and Greco 2/17/12 AF:11 Development Regulations: (1) Relocation of site improvements and/or accessory structures that have been previously approved, provided that such relocations do not alter the approved coverage for the site. (2) Re-approval of plans if a permit issued by the Development Review Board has expired within the preceding 6 months and no changes or alterations of any kind are proposed, including those outlined in (4) below. (3) Approval of plans showing as-built adjustments beyond standard field adjustments, provided that such adjustments do not require the amendment of any condition of approval in the most recent findings of fact. (4) Minor alterations to an approved landscaping plan such as substitution of appropriate similar species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in the amended plan is equal to or exceeds the amount approved by the Development Review Board. G. Amendments to site plans involving the enlargement of an existing building used for commercial or industrial purposes, if the proposed amendment meets the following criteria, even if the proposed amendment results in or requires either or both a request for a waiver under Article 13 . 01 (N) (2) of the South Burlington Land Development Regulations and a request for a 5 DR F Based on discussions with Councilors Dooley and Greco 2/17/12 T landscaping credit under Article 13 . 06 (G) (3) of the South Burlington Land Development Regulations. The enlargement of the existing building used for commercial or industrial purposes must result in an increase in building area and/or impervious coverage totaling less than ten thousand (10, 000) square feet or six percent (6%) of the overall site coverage, whichever is smaller. The cumulative total increase in building area and/or site coverage permitted through all amendments on any one lot shall not exceed ten thousand (10, 000) square feet or six percent (6%) of the overall site coverage, whichever is smaller. V. DEFINITIONS : A. Words specifically defined in the South Burlington Land Development Regulations shall have the same meaning in this Interim Bylaw unless another meaning is clearly indicated. B. New Planned Unit Development shall mean any planned unit development for which a complete preliminary plat application had not been submitted to the South Burlington Planning and Zoning Department before December 31, 2011. C. New Subdivision: 1. For subdivisions classified as "minor", a new subdivision shall mean any minor subdivision for which a complete final plat application had not been submitted to the South Burlington Planning and Zoning Department before December 31, 2011 . 6 Based on discussions with Councilors Dooley and Greco 2/17/12 DR A FT 2 . For subdivisions classified as "major", a new subdivision shall mean any major subdivision for which a complete preliminary plat application had not been submitted to the South Burlington Planning and Zoning Department before December 31, 2011. D. New principal buildings that require site plan approval shall mean any principal building for which a complete site plan application had not been submitted to the South Burlington Planning and Zoning Department before December 31, 2011. VI. REVIEW OF APPLICATIONS The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V. S.A. section 4464 . The authorization by the City Council shall be granted upon a finding by the Council that the proposed use is consistent with the health, safety, and welfare of the municipality and the following standards. The proposed development shall not result in an undue adverse effect on any of the following: 1. The capacity of existing or planned community facilities, services, or lands . 2 . The existing patterns and uses of development in the area. 3 . Traffic on roads and highways in the vicinity. 7 Based on discussions with Councilors Dooley and Greco 2/17/12 4 . Environmental limitations of the site or area and significant natural resource areas and sites. 5. Utilization of renewable energy resources. 6. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. VII. EFFECT ON EXISTING REGULATIONS: This Interim Bylaw shall not repeal or alter any existing ordinances, regulations or bylaws of the City of South Burlington. This Interim Bylaw establishes restrictions that are in addition to those contained in any other City ordinance, bylaw or regulation. VIII . ENACTMENT PROVISIONS: This Interim Bylaw is enacted pursuant to the provisions of 24 V. S .A. section 4415 and the South Burlington Charter, is to be administered in the manner provided for in said section 4415, as amended from time to time, and shall be effective upon passage. Adopted this R DFebruary 2012 . of son12-003a 02-21-12 interim bylaw.SONORD 8 LAW�OpFFICES g� �7 p ' .4.7N. ' I L. .,�'D.M1/ r & i...�.I�f4.E A 31. -t l SHEAHAN A PROFESSIONAL CORPORATION JOSEPH C.McNEIL(19I9-1978) 27 SOUTH UNION STREET JOSEPH E.McNEIL BURLINGTON.VERMONT 05401 JOHN T.LEDDY NANCY GOSS SHEAHAN TELEPHONE 1.nLLIAM F ELLIS (802)863.4531 SUSAN GILFILL.N JOSEPH A.PRNHAM February 9, 2012 TELECOPIER KEVIN J.COYLE* (80)863•1743 KIMBERLEE 1.STURTE`ANT COLIN K.MCNEIL (*ALSO ADMITTED IN N.Y.) Thomas J. DiPietro,Jr. Stormwater Superintendent South Burlington Stormwater Utility 575 Dorset Street South Burlington, VT 05403 Re: Burlington International Airport Notice of Appeal Dear Mr. DiPietro: This office represents the City of Burlington, acting by and through Burlington International Airport("BTV"). Pursuant to Article VI, Section 4(b)of South Burlington's Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems as amended March 21, 2005, BTV hereby appeals the allocation of ERUs to BTV as set forth in your letter of February 3, 2012. The ordinance requires you to meet promptly with the property owner and issue a decision on the allocation of ERUs. We look forward to hearing from you on the scheduling of such meeting. Thank you for your attention to this request. Very truly yours, William F. Ellis WFE/ cc: Hon. Bob Kiss,Mayor Robert McEwing, Interim Director of Aviation Kenneth A. Schatz, City Attorney Gene Richards, Chair,Burlington Airport Commission 200030-65 South Burlington Sewer and Stormwater Ordinance Effective March 22, 2005 "Stormwater"shall mean excess water from rainfall and snow melt that does not evaporate or penetrate into the ground,which flows overland and is collected and transported to waters of the State of Vermont or the United States by the stormwater system, together with any material that becomes dissolved or suspended in such water during its overland flow before entering the stormwater system. "Stormwater Appeal Board"shall be made up of the City Manager,Public Works Director,and a third person appointed by the City Council. "Stormwater Discharge"shall mean any stormwater that is transported, naturally or otherwise,from a developed property to the public stormwater system. "Stormwater Pollution Prevention Plan"shall mean a document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater,stormwater systems,and/or waters of the State of Vermont or the United States. "Stormwater Services Division"shall mean that City department responsible for construction, operation and maintenance of the public stormwater system. "Stormwater System"shall include natural and man-made drainage structures, conveyaneps,storm drains,catch basins,and any other appurtenant device or structure where stormwater is collected,transported, pumped,treated,or disposed of. "Stormwater Superintendent"shall mean that employee of the City of South Burlington who shall be designated from time to time by the City Manager to oversee the Stormwater Services Division. "Subdivision"shall mean a tract of land, owned or controlled by a person as defined herein,which has been partitioned or is intended to be divided for the purpose of sale or lease into two(2)or more lots. The dividing of a parcel of land by sale,gift,lease, mortgage foreclosure, court ordered partition or filing of a plot plan on the town records where the act of division creates one or more parcels of land of less than 10 acres in area, but excluding leases subject to the provisions of Chapter 153 of Title 10 relating to mobile homes. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plot plan on the town records,whichever shall first occur;or the commencement of building development with intent to subdivide, as defined in subsection (i)of this section,such that the building development will be located upon a parcel of land less than 10 acres in size. "Subsurface Sewage Disposal System"shall mean any sewage treatment system whereby the tank or plant effluent is leached into the ground by subsurface disposal. 6 South Burlington Sewer and Stormwater Ordinance Effective March 22, 2005 free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse,so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (c) Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in an illicit discharge into the stormwater system, said person shall take all necessary steps to ensure the discovery,containment, and cleanup of such release. In the event of a release of hazardous materials,said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials,said person shall notify the Stormwater Superintendent in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Stormwater Superintendent within three business days of the phone notice. If the illicit discharge emanates from a commercial or industrial establishment,the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. SECTION 7. Protection from Damage No person shall maliciously,willfully or negligently break, damage,destroy, uncover, deface, or tamper with any structure, appurtenance,or equipment which is a part of the public stormwater system. Any person violating this provision shall be subject to immediate arrest under the charge of unlawful mischief as set forth in Title 13, Section 3701 of the Vermont Statutes Annotated. ARTICLE VI-STORMWATER SYSTEM USER FEES SECTION 1. Establishment of Stormwater User Fees (a) A user fee based on an Equivalent Residential Unit(ERU) shall be imposed on every owner of non-exempt developed property within the City. An ERU shall equal that square footage that represents the median of the area of impervious surface for all single family residences in the City. The City Council shall,by resolution, establish the square footage that constitutes one ERU on a periodic basis. (b) The City Council shall have the authority to set and modify the user fee rates so that the total revenue generated by said charges, and any secondary sources of revenue,shall be sufficient to fund the City's stormwater program. 29 South Burlington Sewer and Stormwater Ordinance Effective March 22, 2005 (c) The City council shall establish by resolution the monthly rate for each ERU. The monthly user fee for a specific property is determined by multiplying the rate per ERU times the number of ERUs allocated to the property. (d) The only exempt property under this Article is that included within the limits of a railroad track right-of-way. Property on which railroad stations, maintenance buildings, or other developed land used for railroad purposes is located shall not be exempt. SECTION 2. User Fee Credits: (a) The Stormwater Superintendent shall prepare for the City Council's approval, a"Stormwater User Fee Credit Manual"specifying the design and performance standards of on-site stormwater systems,facilities,activities and services which qualify for application of a user fee credit and the method of calculating credits. The City Council shall have the authority to approve, modify and approve or disapprove the Credit Manual. (b) Following approval of a Credit Manual,the Stormwater Superintendent may,at the request of a property owner,reduce the user fee established for any property by awarding a credit based on the policies and conditions set forth in the Manual. No credit shall exceed fifty percent(50%)of the applicable monthly user fee for a given property.Any property owner may appeal the Stormwater Superintendent's determination regarding an award of a credit by filing a written notice of appeal with the Stormwater Appeals Board within ten(io)business days of the Superintendent's decision. The Stormwater Appeals Board shall review such appeal at a meeting preceded by fifteen(15)calendar days written notice of the meeting date to the property owner. Following the meeting,the Stormwater Appeals Board shall issue its decision on the appeal in writing,which decision shall be final. (c) Credits may be awarded retroactively for one(i)year from the date of initiation of the stormwater user fee. Thereafter, credits shall be applied to user fees on the next billing period after the completed credit application is approved. (d) Any award of credit shall be conditioned on continuing compliance with the City's design and performance standards as stated in the"Stormwater User Fee Credit Manual"and/or upon continuing provision of the systems,facilities, services, and activities provided,operated,and maintained by the property owner or owners upon which the credit is based. The City Manager may revoke a credit at any time for non- compliance by providing thirty(30) days written notice of a non-complying condition and intent to revoke the credit to the property owner. If the non-compliance is not cured within the thirty(30) day period,the Manager shall eliminate the credit for user 30 South Burlington Sewer and Stormwater Ordinance Effective March 22, 2005 fee bills issued to the property owner after such period. A property owner may appeal the City Manger's determination regarding credit revocation in the same manner set forth in sub-section (b), above. SECTION 2. Establishment of ERUs: (a) Each SFR shall be allocated one (1) ERU. (b) The ERUs allocated NSFR properties,except City or State highways,shall be determined in the following manner: (1)The amount of impervious surface on each parcel shall be divided by the gross area of the parcel resulting in the percent of imperviousness for the parcel. (2) Based on the percent imperviousness,a"tier factor"shall be determined,based on the following categories: IMPERVIOUS TIER FACTOR PERCENTAGE 1 to io% *See Below 11to2o% 0.15 21 to 30% 0.25 31 to 40% 0.35 41 to 50% 0.45 51 to 60% 0.55 61 to 70% 0.65 71 to 80% 0.75 81 to 90% 0.85 91 to t00% 0.95 *Fee will be based on actual amount of impervious surface, measured in square feet. (3) The gross area of the parcel shall be multiplied by the tier factor, and then divided by the ERU. The resulting value is rounded up to the nearest whole 31 South Burlington Sewer and Stormwater Ordinance Effective March 22, 2005 number which is be the number of ERUs for the property. (c) The ERUs allocated properties comprised solely of public roadways shall be determined by dividing two-thirds of the total impervious surface for the property by the ERU. The resulting value is rounded up to the nearest whole number which is be the number of ERUs for the property. SECTION 4. Billing and Collection (a) Stormwater user fees will be billed quarterly and shall be reflected on the water and sewer bills for each property owner,where applicable. The bill shall also state the ERUs allocated to each property. (b) A property owner may appeal an allocation of ERUs to the Stormwater Superintendent by submitting a written notice of appeal to the Stormwater Superintendent within fifteen(15)calendar days of the mailing date of the bill. The Stormwater Superintendent shall promptly meet with the property owner and issue a decision of the allocation of ERUs. A property owner may appeal the Stormwater Superintendent's determination regarding credit revocation in the same manner set forth in Section 2(b),above. The filing of an appeal shall not relieve a property owner of the obligation to pay the user fee when due. (c) In the event any stormwater user fee is not paid within thirty(30)days from the billing date,a late penalty charge will be added to the fee together with interest charges. The amount of the late penalty charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If such payment is not made,such stormwater user fee shall be a lien upon such real estate and may be collected in the manner provided in 24 V.S.A., §§ 3504 and 3612. Any payment made to the City for utility fees shall first be allocated to delinquent water,then delinquent sewer,then delinquent stormwater fees.The remaining amount of the payment shall first be allocated to current water,then current sewer,then current stormwater fees. SECTION,. Expenditures. (a) The user fees,as well as any secondary sources of revenue, shall be used to fund the City's efforts to manage stormwater. Acceptable expenditures include,but are not limited to, capital construction, maintenance and operations,engineering and planning, regulation and enforcement,water quality programs, special services, administration and management,coverage requirements, reserve funds, and miscellaneous overhead costs. (b) Excess revenues may be placed into a sinking fund, and may be retained and expended in the manner set forth in Article IV, Section 6 of this Ordinance. 32 MONAGHAN S AFAR DWIGHT PLLC Brian P.Monaghan,Esq. Claudine C. Safar,Esq.* Annie Dwight,Esq. *Also licensed in New Hampshire&Maine February 21, 2012 Sandra Dooley Chair, City Council City of South Burlington 44 East Terrace South Burlington, VT 05403 Re: Waiver of Potential Conflict of Interest— PRIVILEGED AND CONFIDENTIAL Dear Sandy: On behalf of the City of South Burlington, you have requested that we represent the City in connection with the City's defense of, and potential claims against, former City Manager Charles Hafter, having a Docket Number of S1210-11 CnC ("the Litigation"). As you are aware, this Firm maintains an ongoing relationship with the Town of Colchester as corporation counsel to the Town. It is my understanding that the City and the Town have been trying to resolve a potential disagreement regarding wastewater charges. Accordingly, there is the potential that both municipalities could find themselves in a genuinely adverse position at some point; a situation in which this Firm could be requested to represent the interests of the Town of Colchester. While neither we nor the City anticipate that this situation will adversely affect our representation of the City in the Litigation, the Vermont Rules of Professional Conduct require that we obtain the City's consent to our representation of the City where such representation is adverse to a current client of the Firm. We therefore ask that the City confirm its express and informed consent to our representation of the City in the Litigation and our continuing representation of the Town of Colchester in matters unrelated to the Litigation. By giving your consent, the City acknowledges that we have made full disclosure to you of the facts and circumstances surrounding any conflict of interest or potential conflict which may exist now or in the future with regard to our Firm's separate representation of the City and the Town of Colchester. Due to our separate representation of the City and the Town of Colchester, you understand that we may receive confidential information from both the City and the Town of Colchester in the course of our separate representations. We are seeking consent only as to 156 Battery Street • Burlington,Vermont 05401 • TEL 802.660.4735 • www.msdvt.com 92 Fairfield Street • St. Albans,Vermont 05478 • TEL 802.524.0080 • FAX 802.419.3662 Sandy Dooley Re: Waiver of Potential Conflict of Interest February 21, 2012 Page 2 of 2 the separate representation of the City and the Town of Colchester, not to the disclosure of any confidential information we may have received from the City or the Town of Colchester. Despite any such potential conflict of interest, with your permission we will represent the City in the Litigation and the Town of Colchester in unrelated matters. You further agree to our right to withdraw our continued representation if, in our opinion, it might violate the applicable Vermont Rules of Professional Conduct. I would be pleased to answer any questions you may have concerning this representation or this requested consent. You are; of course, free to consult independent counsel about this consent. If you wish to consent, please sign the enclosed two originals of this letter and return one to us in the enclosed envelope. Sincerely, Monaghan Safar Dwight PLLC /s/Brian P. Monaghan Brian P. Monaghan, Esq. I have read the foregoing, I acknowledge the City's right to seek an opinion of independent counsel, and hereby consent to the Firm's representation of the City of South Burlington in the Litigation. CITY OF SOUTH BURLINGTON By: Sandra Dooley, Chair, City Council and Duly Authorized Representative of the City of South Burlington SPECIAL CITY COUNCIL 30 JANUARY 2012 The South Burlington City Council held a special meeting on Monday, 30 January 2012, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: M. Emery, Acting Chair; J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager: D.Kinville, City Clerk; P. Taylor, D. Fleming, A. Cliff, D. Coriell, City Charter Committee; T. & S. Tapley 1. Agenda Review: No changes were made. 2. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 3. Announcements & City Manager's Report: Mr. Engels: Attended the legislative breakfast this morning. Two State Senators and 3 of the 4 South Burlington House Representatives were present. Discussion topics included the two Charter changes, the proposed tax penalty elimination bill, and TIFs. Mr. Miller: Noted receipt of the resignation of Joe Randazzo from the Development Review Board. Mr. Knapp moved to approve the resignation of Joe Randazzo from the Development Review Board. Mr. Engels seconded. Motion passed unanimously. 4. Public Hearing on Proposed City Charter Amendment Request by City Clerk to change Charter re: Clerk's Authority over personnel and office space: Mr. Knapp moved to open the public hearing. Mr. Engels seconded. Motion passed unanimously. Mr. Fleming of the City Charter Committee said the Committee has met three times and will meet again tomorrow. The expectation is that they will have a recommendation for the 6 February meeting. Mr. Fleming then read the proposed language of the Charter amendment. The Committee's discussion has focused on whether the proposed language clarifies things and whether there are better alternatives. The Committee has heard from the City Clerk, City Manager, Deputy City Manager, President of the City Hall Employees SPECIAL CITY COUNCIL 30 JANUARY 2012 PAGE 2 bargaining unit, the City Attorney, Paul Gilles, former Assistant Secretary of State, and the City Auditor. Ms. Clift noted the Committee is considering 4 possible options: 1. Approve the proposed language 2. Modify the proposed language 3. Ask for more time 4. Take no action. Mr. Fleming said the Committee is anxious to hear from the public. There was no public comment offered. Mr. Knapp moved to close the public hearing. Ms. Greco seconded. Motion passed unanimously. 5. Other Business: Ms. Emery asked the status of a proposed letter to the Airport regarding noise testing. Mr. Miller said a letter will be drafted to the Airport regarding a number of issues including: the noise testing, bird shooting, and assessment. Ms. Emery asked whether the issues should be dealt with separately or together. Mr. Knapp noted they have been dealt with together in all communications. The key is to have everything on the table until an issue is settled or dropped. This is especially true with the Airport. Ms. Emery said she would like to have issues addressed before she leaves office. Ms. Emery also asked about a campaign to get the city budget passed. She suggested a campaign in The Other Paper and Channel 17 appearances. She also noted that last year she put together an ad. Ms. Greco said she was willing to write a letter to The Other Paper. Mr. Knapp said he has heard a lot of public comment but none of it about the budget. Mr. Miller noted there will be a CCTV appearance on 9 February. A power point presentation is being drafted for this. He asked if the Council wanted to have a candidate forum after the budget presentation the night before the vote. There is also a question as to whether there will be a community dinner that night. Ms. Kinville noted that Suzie Merrick of PACT has contacted the city indicating they would be doing a dinner again this year. Members felt the candidate forum should be held that night. SPECIAL CITY COUNCIL 30 JANUARY 2012 PAGE 3 Ms. Emery asked the status of a proposed letter to Bert Munger regarding H328. Mr. Miller said the letter was sent today. He noted that H328 relates to elimination of the penalty fee for late payment of property taxes. Presently, communities have the option to charge up to 8% of the taxes due (South Burlington charges this 8%). H328 would take that option away. In South Burlington this could mean an increase of.4 cents on the tax rate and could discourage on-time payment of taxes which could create a cash flow problem. Mr. Miller also noted that Bert Munger is a co-sponsor of the bill. Mr. Taylor said he supports the city's position in opposition to H328 and noted that if people have a problem paying their taxes on time, they have the option to make arrangements for payment with the City Manager. Ms. Greco said she spoke with Mr. Munger who said he was against the penalty charge but not against the interest charge. Ms. Emery noted receipt of an e-mail from Leslie Williams and questioned how to respond to it. Members agreed to consider it at Thursday's meeting. Ms. Clift asked how many people are running for the open Council and School Board seats. Mr. Miller said 3 people are running for the 2- year Council seat: Pam McKenzie, Chris Shaw, and Tracy Tepley. Helen Riehle is running for the 3-year Council seat. Rich Cassidy is running for the 2-year School Board seat and Elizabeth Fitzgerald and Phil Soltau for the 3 year School Board seat. Ms. Emery said Ms. Dooley will be drafting a letter regarding the UVM President search, but there is a question as to whether it is too late for input. 6. Sign Disbursement Orders: Disbursement orders were signed. 7. Executive Session: Ms. Greco moved that the Council meet in executive session to discuss personnel issues and to resume regular session only for the purpose of adjournment. Mr. Knapp seconded. Motion passed unanimously. 8. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved SPECIAL CITY COUNCIL 30 JANUARY 2012 PAGE 4 for Council adjournment. Ms. Greco seconded. Motion passed unanimously. Council adjourned. Clerk SPECIAL CITY COUNCIL 2 FEBRUARY 2012 The South Burlington City Council held a regular meeting on Thursday, 2 February 2012, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P.Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; A. Lafferty, City Attorney; J. Dinklage, P. Taylor, B. & P. Nowak, D. O'Rourke, B. Stuono, P.O'Brien, E. Goldberg, R.Deslauriers, S. Quest, B. Gilbert, C. Shaw, E. Farrell, J. Ilick, & other members of the public 1. Executive Session: Ms. Greco moved that the Council meet in executive session to discuss personnel, contract negotiations, and litigation. Mr. Engels seconded. Motion passed unanimously. Regular Session: Ms. Greco moved that the Council exit executive session. Mr. Knapp seconded. Motion passed unanimously. 1. Agenda Review: Members agreed to delete item#3 on the Agenda and add it to the Monday meeting agenda. 2. Comments & Questions from the Audience, not related to agenda items: Ms. Quest gave members information on State objectives regarding prime ag land. 3. Announcements & City Manager's Report: Ms. Dooley: Noted that the lawsuit asking that she recuse herself from interim zoning discussions was heard in court this afternoon, and the appellant's request for an injunction was denied. 4. Discussion of Proposed Interim Zoning Bylaws: Ms. Dooley thanked people for their input. She noted that 74 people had responded. There have also been 6 proposals for modification identified. Mr. Knapp asked Ms. Greco to read from a letter asking that Mr. Knapp recuse himself from interim zoning discussions because he serves real estate clients from whom he CITY COUNCIL 2 FEBRUARY 2012 PAGE 2 receives fees. The sender of this letter did not identify him/herself. Mr. Knapp then indicated that he is not allowed to reveal his clients' names unless they give him permission to do so. He noted that his current practice concentrates on affordable housing and non-profit housing. He is not involved in real estate, and does not do business in South Burlington. He then identified a number of clients who had given permission for him to do so. He also reviewed his employment history from service in a law firm that did represent some developers more than 10 years ago. Members felt that nothing they had heard should disqualify Mr. Knapp from serving during interim zoning discussions. Mr. Engels then noted that Ms. Greco had received some ugly e-mails. He reviewed her previous distinguished 30-year career in the U.S. Air Force. The sender of this e-mail also did not identify him/herself. Mr. Knapp noted that he had received a proposal that would limit the area of interim zoning to the area being studied for form based codes. Another e-mail concerned large subdivisions on open land in the 2002 study. Ms. Dooley then read the proposed modifications. These would eliminate the two industrial districts (I-OC and I-C), exclude alterations currently approved administratively and wouldn't deal with landscape credits and parking waivers, could create an"interim overlay zoning,"increase the square footage allowed for additions from 750 sq. ft. to a larger number, allow condo owners to add to their units in the same way as owners of single and 2-family dwellings, and would suspend the effective date of interim zoning if it is not voted on at this meeting. Mr. Engels asked how interim zoning would be implemented and what the responsibilities of the DRB and Council would be. He said it was his understanding that applications have not been coming in. Mr. Conner said there have in fact been applications received. Members were then asked to give their perspectives on interim zoning. Ms. Emery: Noted that the interim zoning effort grew from a concern over TDRs and issues of density and where that density should be. People wanted clarity in the regulations. Ms. Emery said she felt this merited discussion. She noted the Council has spent hours on this. She personally has come to know people in the community and is grateful for those experiences. She felt that when interim zoning was considered last May there was no "combined vision"on the Council. She felt the new proposal "combined the CITY COUNCIL 2 FEBRUARY 2012 PAGE 3 vision." Ms. Greco: Felt there has been a lot of miscommunication. She thanked those from GBIC, the O'Briens and Dynapower who have offered to work with the city and also the public who responded. She said she has been looking at the moral and ethical side and at long term consequences. She also noted she tends to take a very firm, unyielding position on things. She cited 3 reasons for reconsidering interim zoning: affordable housing, sustainable agriculture, and form based codes. With regard to agriculture, she indicated concern with declining food quality, soil erosion, water pollution, greenhouse gas production, and diet related illness. Only 2% of food is from local sources. She also cited loss of prime ag soils. It is feared that by 2090 there will be no farmland left in Vermont. The Champlain Valley has the best ag soil in the state, and South Burlington sits on prime ag soils. She also noted that people around the country are turning to local farming. Such an effort in Hardwick, Vt., is getting national attention. She felt interim zoning is an attempt to do something today for our future. Mr. Knapp: Noted he has been viewed as a person against interim zoning. He said this is not true; he is against this interim zoning. He hoped for a discussion on how to have a public/private model for affordable housing, possibly using Lake Champlain Housing as a model. He felt the current interim zoning is going about things the wrong way: a discussion of goals should precede any action. The Planning Commission will be presenting amendments to the Comprehensive Plan. That should be followed by a public process that really works to get input. He agreed that preservation of agricultural land is important. One of the first things he did as a City Council member involved the preservation of the Leduc Farm...not by regulation but by a joint effort. The Leducs got reasonable value for their property, and the public got valuable farm land. Everybody won. If there is a need to look at TDRs again, look for the right place to put housing so everyone can find a place to live in South Burlington. Ms. Emery said she was very swayed by the public/private solution as a win/win solution. She felt this interim zoning proposal was too broad and consequences would create more harm than good. She suggested looking at what is viable in the proposal and did not feel it is wise to attack all goals at once. She felt the community should prioritize goals and discuss how to get there. Once there is an achievable goal, perhaps interim zoning would be a consideration. She felt the O'Brien Brothers offer is very tempting and thanked them for it. Ms. Greco said she would consider dropping interim zoning if developers would pledge not to submit plans for development while things are being studied. She said there have been only 3 affordable homes built in the city in the past 15 years, and if something isn't done differently, there will never be affordable housing. She noted there are a lot of CITY COUNCIL 2 FEBRUARY 2012 PAGE 4 condos but not single family homes. Mr. Knapp said Champlain Housing has put 500 families into homes they otherwise couldn't afford. He supports a public/private partnership that does this. Build at market price and find a way to finance them. But don't regulate it. Ms. Emery noted that with connected structures there is a savings of energy. Mr. Engels said he hates to see the divisive effect this is having on the community and is not happy to vote under these circumstances. He noted that all neighborhoods feel the pressure of development. He liked Mr. Knapp's idea of bringing the community together to talk about this. He cited the discussions regarding form based codes that occurred a few months ago as an example of bringing the community together. He felt it was unfortunate that with the discussion of interim zoning this never happened. He also felt sorry for staff with all the work this has brought about. He suggested taking a step back and bringing the community together before going forward. Ms. Dooley cited the affection people have for South Burlington and the fact that it was voted one of the best places to raise a family. She felt action with a "different tool"was needed to give the city a unique and special identity. She noted that people have said South Burlington is to be "sacrificed to save the rest of the State." She said it is regrettable that this has become divisive. She felt there is a strong undercurrent for land development regulations more in keeping with the Comprehensive Plan. She cited the vagueness of the word"should" as an example, which some people equate with "must" and others as recommended but not required. She said this gives people expectations that are not fulfilled. Mr. Engels moved to table the resolution for a future time. Ms. Greco seconded. Mr. Miller noted that the interim zoning bylaw is in effect until it is acted upon. Ms. Lafferty added that once the bylaw was warned, applications had to be heard under the interim zoning bylaw until it is adopted or voted down. If you table the discussion, you haven't done any of those things, and applications would have to be reviewed under the interim zoning bylaw. After a brief discussion, Mr. Engels withdrew his motion. Mr. Knapp then moved to suspend discussion until after the next agenda item. Ms. Emery seconded. Motion passed unanimously. CITY COUNCIL 2 FEBRUARY 2012 PAGE 5 6. Discussion of a possible Council sponsored meeting(s) of interested stakeholders (for example, public, home builders, developers, real estate agents, funding sources, planning agencies) to explore opportunities for affordable housing in South Burlington: Mr. Knapp said throughout this discussion, his objection has been that the Council hasn't discussed what they want to do. His recommendation is that the city sponsor one or more sessions with all stake holders, including: Vermont Housing Finance Agency, Vermont Housing & Conservation Board, Merchants Bank &Northfield Savings Bank, residential developers, real estate agents, community members and those who would like to be, and anyone else who is interested in what South Burlington needs. Mr. Knapp said he would like to be the organizer of this but noted he will not be on the next Council. He said the objective of the session(s) would be to have a real community discussion on how to build homes for anyone who wants to live in South Burlington. Ms. Greco indicated that should would be willing to do something similar concerning sustainable agriculture. Mr. Engels moved to empower Jim Knapp to lead that group and work with city administration to organize it. He further moved to form a separate group on sustainable agriculture led by Ms. Greco. It was noted that the business community is very supportive of this. It will takes weeks, possibly months to organize. Mr. Engels added that Frank Cioffi has offered his assistance. In the vote that followed, the motion passed unanimously. Members then returned to item #5 on the agenda. Mr. Knapp said that for everyone's peace of mind, the Council should figure out where everyone stands on interim zoning. Ms. Emery said she didn't think that in the next month or so South Burlington would suddenly mushroom. Ms. Emery then moved to amend the interim zoning by-law to adopt interim zoning only for the City Center and to have the following process attached to interim zoning: an application would be filed with the Planning & Zoning Department. It would go first to the City Council where it would be addressed by the standards of 24VSA4415 including: CITY COUNCIL 2 FEBRUARY 2012 PAGE 6 a determination that the proposed project shall not result in an undue adverse effect on any of the following: the capacity of existing or planned community facilities, services or lands; the character of the area affected, as defined by the purpose or purposes of the zoning district in which the project is located, and specifically stated policies and standards of the municipal plan or the existing patterns and uses of development in the area; traffic on roads and highways in the vicinity; environmental limitation on the site or area and significant natural areas and sites; municipal plans,bylaws, ordinances or regulations then in effect; utilization of renewable energy resources. If the City Council approves the project, it would pursue under the land development regulations; if the Council does not approve, the appeal process would be to the Environmental Court. Mr. Knapp seconded. Ms. Lafferty suggested leaving it up to the applicant as to whether they go first to the City Council or DRB. Mr. Knapp was OK with this and withdrew the requirement to go first to the City Council. Mr. Conner noted that the City Center area included not only the city center but Williston Rd. C-1/R-12 district east of the Interstate and a small section on the west side of Dorset Street (across from San Remo Drive). Ms. Greco said there is no need for interim zoning there because nothing is happening there. The urgency is losing land where the city might want housing or agriculture. She added that the Council hasn't decided whether to approve form-based codes. Ms. Dooley said she doesn't support the motion as it hasn't be drafted and hasn't honored the process. In the vote that followed, the motion failed 2-3 with Ms. Dooley, Ms. Greco and Mr. Engels voting against. Ms. Greco said she felt they need to address the proposed modification, and that can't be done at this meeting. She said it wasn't wise to act in haste. Mr. Knapp moved to strike interim zoning. Ms. Emery seconded. Motion failed 2-3 with Ms. Dooley, Ms. Greco and Mr. Engels voting against. Ms. Greco moved to take up interim zoning at a later date with the full Council is available to discuss it. Mr. Engels seconded. Motion passed 3-2 with Mr. Knapp and Ms. Emery voting against. CITY COUNCIL 2 FEBRUARY 2012 PAGE 7 7. Executive Session: Ms. Emery moved that the Council meet in executive session to discuss personnel, contract negotiations and litigation and to resume regular session only for the purpose of adjournment. Ms. Greco seconded. Motion passed unanimously. 8. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Greco seconded. Motion passed unanimously. Council adjourned. Clerk CITY COUNCIL 6 FEBRUARY 2012 The South Burlington City Council held a regular meeting on Monday, 6 February 2012, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; D. Kinville, City Clerk; Chief T. Whipple, Police Department; P. Taylor, D. Fleming, D. Coriell, City Charter Committee; B. Stuno, M. Young, G. Maille, D. Haggerty 1. Executive Session: Ms. Emery moved the Council meet in executive session to discuss personnel matter, contract negotiations and litigation. Mr. Knapp seconded. Motion passed unanimously. Regular Session: Ms. Emery moved that the Council exit executive session. Mr. Knapp seconded. Motion passed unanimously. 1. Agenda Review: Items to be discussed under Other Business include: CCTV coverage in February, a follow-up meeting on interim zoning, and settlement of the McKenna lawsuit. 2. Comments & Questions from the audience not related to agenda items: Mr. Maille commented that the 17 October minutes seem to be an acceptance that the South Burlington Police Department and the City of South Burlington have no jurisdiction with respect to Airport noise. Mr. Maille noted that on 27 January 2011, he discussed noise issues with the City Manager, including ordinances that address noise. There are performance standards in Article A of the Noise Ordinance that cover both residential and commercial properties in the city, and it is a violation for any property owner to create noise in excess of stated levels. The Airport is property owned in South Burlington by the City of Burlington. Mr. Maille said this gives the City of South Burlington jurisdiction over the noise that emanates from the Airport. Mr. Maille then noted it has been a year since he spoke with the City Manager, and he questioned why the City Council or Police Chief believe the city can't exercise authority and get some relief from noise for the people living near the Airport. There is an airbus that sits close to his home that has to be heated to be functional in the morning. The sound from this is well above the 45 dba allowed by the Noise Ordinance. Mr. Maille said people need 6 or more hours of uninterrupted sleep in order to function, and people in his neighborhood are not getting that. He asked for clarification of the city's authority. CITY COUNCIL 6 FEBRUARY 2012 PAGE 2 Regarding noise measurements, Mr. Maille applauded the City Manager and the Council for their efforts to try to get the status of the noise measurements since it has been 2 years since they were done. He asked the Council to get Airport people to a Council meeting to discuss this under public scrutiny. Ms. Dooley noted that a letter is about to go to the Airport covering a lot of what is being talked about, specifically the noise measurements. Mr. Maille said it was agreed under contract that the noise information would be made public. He also asserted that the measurements were not done in accordance with the contract. Ms. Emery said it would be appropriate to have the City Attorney weigh in regarding the noise issues. Mr. Maille noted that the Airport has said the consultant has refused to give out the data because it would be "misunderstood." Ms. Emery noted that in the Airport's 20-year vision, there is a"sound wall" close to Mr. Maille's house. Mr. Maille remembered that until 2005 the Airport was fined or reprimanded if they operated between Midnight and 8 a.m. 3. Announcements and City Manager's Report: Ms. Greco updated members on her contacts regarding sustainable agriculture. Groups such as the Vermont Land Trust, South Burlington Land Trust, Shelburne farms, UVM, and others all want to be involved in the discussions. Mr. Miller advised that the city's paramedic level ambulance service went into effect today. 4. Public Hearing on Proposed Charter Changes as Requested by City Clerk and Request of City Charter Committee for Additional Time to Develop a Recommendation: Ms. Greco moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously. Mr. Taylor reviewed the history of the request from the City Council to study the City Charter amendment request made by the City Clerk. He then read the proposed language and noted that the City Clerk has asked for this to be on the March ballot. CITY COUNCIL 6 FEBRUARY 2012 PAGE 3 Mr. Taylor said the Committee has met four times and has heard from the City Clerk, City Council Chair, City Manager, President of the City Hall Employees bargaining unit, City Attorney, City Auditor, and former Assistant Secretary of State Paul Gilles. They have also received information and/or opinions from Vermont State Law, the City Charter, the former Secretary of State, collective bargaining agreements, and other communities. To date, the Committee has not been able to reach consensus on a recommendation and is asking for and additional month's time. This will mean the item cannot appear on the March ballot but could appear on either the August or November ballot. The facts and issues the Committee is considering include: an elected vs. appointed City Clerk, statutory responsibilities of the City Clerk, and whether the City Charter has been misinterpreted over time. Possible actions by the Committee include: recommending the requested language, modifying the requested language, suggesting alternate language, making no changes to the City Charter. It is hoped that any actions that do occur could take place in the personnel manual in order to avoid a Charter change. Ms. Greco asked if there is a job description for the City Clerk, either in South Burlington or elsewhere. Mr. Taylor said there is a job description in State Statute and in South Burlington. Mr. Knapp noted it the job description is scattered throughout Title 24 of State Statute. Ms. Emery noted there is also a request from the City Clerk regarding access to the office and safe. Mr. Taylor said the Committee would like to continue to deal with that for another month as well. This is handled differently in different communities. Ms. Kinville commended the work of the committee and noted they are in a difficult position. She is still asking for the proposed change to be on the March ballot. She noted that she has been asked whether the situation can be fixed without a Charter change. She said that her predecessor used to have hiring/firing responsibility until the bargaining unit came in. She also cited a conflict within the City Charter: it gives the City Manager hiring and firing responsibility but gives the City Clerk all the powers and responsibilities under State law (which includes hiring and firing). Ms. Kinville then outlined the problem as she sees it: there is a question of 2 separate classes of grievances and the city is concerned with the possibility of an employee fired by the City Clerk coming back to take action against the city. Ms. Kinville stressed that under State law, assistant clerks are"at will" employees, so she did not feel there was any justification for them to sue the city. CITY COUNCIL 6 FEBRUARY 2012 PAGE 4 Ms. Kinville said she has been asked: "Can't we work this out?" She said she didn't know if this is possible. She noted she had been asked not to put this on the ballot when the other 2 Charter changes were voted one. She agreed to this with the understanding that it would be on the March ballot. Then she had a hard time getting it on the City Council's agenda, which is why she had to bring it up at a meeting. She added that had she known things would reach this point, she would have gone forward with a petition. Ms. Kinville then noted one change to the language she has been requesting, a subsection "a"which reads: The assistants of the City Clerk shall have the option to be members of the bargaining unit with the exception of hiring and firing. Mr. Taylor said he spoke with the former City Clerk Peg Picard who said she always felt she was the person to hire and fire her assistants, although she always spoke with the City Manager about this. Ms. Emery asked what the committee felt were the pros and cons. Mr. Taylor said he believes strongly in an elected City Clerk. He added that as he reads the statute, the Clerk has the ability to hire and fire the assistant clerks. Ms. Dooley asked about the union's position. Mr. Taylor said the union doesn't support any change to the status of people in the Clerk's office. The Committee felt the union didn't want to deal with any change to the contract. Ms. Dooley felt that if the union opposes the change, it might have a hard time in the Legislature. Ms. Greco asked what the Auditor had to say. Mr. Taylor said Mr. Smith had concerns about the Clerk and Treasurer positions being held by one person. Mr. Miller felt the City Council should hear from the City Attorney on some of the issues. Mr. Fleming said he is the"minority person" on the committee. He felt there are 2 stable ways to operate: to have an elected clerk with"at will" employees, depending on the city for infrastructure or to have an appointed City Clerk integrated with the rest of the city structure. Mr. Fleming said the first alternative is the more consistent with State Statute while the latter would help to stabilize the role of the City Clerk. He was open to discussion of a sensible solution that would allow the Clerk to work with the city. As it now stands, someone who is supposed to be autonomous has to operate within a structure. Mr. Knapp said he would advocate for an elected Clerk because it is a 250 year tradition CITY COUNCIL 6 FEBRUARY 2012 PAGE 5 in Vermont. Mr. Coriell said there is some ambiguity in the City Charter. He tends to think more along the lines that Mr. Taylor expressed. He is not convinced that the City Charter stands in the way of fixing the issues. The proposed language could make it more clear,but there are complicated issues (e.g., union issues). He favored an elected Clerk who needs autonomy in order to carry out the duties. Mr. Taylor said he didn't see the committee developing personnel rules but thought they might make recommendations. Ms. Kinville said that is not her preferred way to go. It is too easy to change the personnel rules and much hard to change the City Charter. Mr. Miller said there is a lot of misunderstanding of personnel rules and regulations. They cover a lot of things the labor contract covers. The consent of the labor unions is required to change personnel rules and regulations, so it may actually be harder to change the rules and regulations than it is to change the Charter. Ms. Emery asked if a Charter change would be needed if the personnel rules were changed. Mr. Miller said there are very complicated labor laws, and he wasn't sure how a Charter change would affect a labor contract. He added that the President of the bargaining unit said firmly that they don't want a change. He suggested the Council might want to hear from the City Attorney on this. Ms. Dooley said the Council's options are to vote to put the proposed language on the ballot, vote not to put it on the ballot, or extend the public hearing so the Committee can come back and report. Mr. Knapp said that since they don't have a report, the Council can't know what public response will be. He felt the public hearing should be continued. Mr. Taylor asked what language would be needed to get the item on the March ballot. Ms. Kinville said 15 February would be the last day the city can amend ballot language. Mr. Haggerty said he sensed a lack of a standard. He said he also believes in tradition. He asked if there is concern with separation of duties of the Clerk and City Manager and said he felt they should be separate with clear responsibilities for each. Ms. Greco then moved to continue the public hearing and wait for a report from the City Charter Committee. Mr. Knapp seconded. Motion passed unanimously. 5. Request for Special Check Related to Postage for Mailing Budget Books: Ms. Kinville noted that the Post Office will not accept anything but a check. She has no idea what the exact amount will be and is asking for up to $3000. Ms. Emery moved to approve a check for up to $3000.00 for mailing budget books. Mr. CITY COUNCIL 6 FEBRUARY 2012 PAGE 6 Knapp seconded. Motion passed unanimously. 6. Consider Authorizing Submission of a Grant Application to the Law Enforcement Terrorism Protection Program: Chief Whipple said this would be re-authorizing a grant received in 2008. $31,600 would be used for a license plate reader and mobile data terminals. Ms. Greco moved to approve submission of a grant application to the Law Enforcement Terrorism Protection Program as presented. Mr. Knapp seconded. Motion passed unanimously. 7. Discuss and Authorize Revised Contract with Champlain Water District for Services: Mr. Miller said the contract had not been updated for 10 years. The revised contract adds cancellation information(one year notice, and the city would receive all data) and eliminates "self-renewal." Mr. Rusten added that the city gets much more control, and CWD is responsible to the city. Mr. Knapp moved to approve the revised contract with Champlain Water District for Services as presented. Ms. Greco seconded. Motion passed unanimously. 8. Discussion of Ways to Support the Council's FY2013 Budget: Members discussed deadlines with The Other Paper and the possibility of personal advocacy ads. Mr. Miller suggested having the city do a"fact sheet" for The Other Paper and paying for that. 9. Advisory Ballot item Discussion at Pre-Town Meeting: Ms. Dooley noted that Rick Hubbard wants to do a presentation on the advisory ballot item. Mr. Miller said it is appropriate to have discussion at the pre-Town Meeting. The question is whether to allow a formal presentation. Ms. Dooley suggested having a time limit. Mr. Rusten said this is now the Council's article and the Council might consider having a member make a presentation. He also noted you can't limit people's speech at a pre-Town meeting. Mr. Knapp commented that it would be ironic to limit discussion of a First Amendment issue. CITY COUNCIL 6 FEBRUARY 2012 PAGE 7 10. Sign Disbursement Orders: Disbursement Orders were signed. 11. Other Business: A. CCTV: Mr. Miller noted that CCTV will cover the City Council meeting on the 21st but not the DRB meeting due to extended election coverage. B. Settlement of Lawsuit: Mr. Miller said the Council needs to take action on the settlement of a suit brought by Erin McKenna regarding former Police Office O'Connor. A settlement of$10,000 is covered by the city's insurance, with the exception of the deductible of either$2500 or $5000. Mr. Miller added that this will resolve all matters, and the cost of the settlement is less than a court trial would have been. Ms. Emery moved to approve the settlement with Erin McKenna as presented. Mr. Knapp seconded. Motion passed unanimously. C. Interim Zoning Discussion: Members agreed to continue the interim zoning discussion on 21 February. Mr. Knapp noted he will be able to get to the meeting by 8 p.m. 12. Review and Approve Minutes of Budget Meeting on 5, 9, 11, 12, and 18, Regular Meeting of 17 January, and Special Meeting of 25 January 2012: It was noted in the Minutes of 12 January that the Charter Amendments were heard by the House and Senate Government Operations Committees. On p. 3 of the same minutes, paragraph 5, the word "not" should precede "...governed by new regulations." The motion to adjourn that meeting was made by Ms. Greco. In the Minutes of 17 January, it was noted that on p. 8, Mr. "York" should be changed to Mr. "Neuer." On p. 3 of those Minutes, Ms. Doley noted she read her letter to the Other Paper which included quotes from attorney Stitzel's letter. The unidentified speaker on page 10 was Aaron Pollak. In the Minutes of 18 January,p. 6, at the bottom, Ms. Emery clarified her position on not CITY COUNCIL 6 FEBRUARY 2012 PAGE 8 having a public vote by adding"since the Council had not voted on it." In the Minutes of 25 January, the motion to adjourn was made by Ms. Greco. Ms. Emery moved to approve the Minutes of 5, 9, 11, 12, 18, 17, and 25 January 2012 as written and/or amended. Ms. Greco seconded. Motion passed unanimously. Executive Session: Ms. Emery moved that the Council meet in executive session to discuss personnel issues and to resume regular session only for the purpose of adjournment. Mr. Knapp seconded. Motion passed unanimously. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Greco seconded. Motion passed unanimously. Council adjourned. Clerk