Loading...
HomeMy WebLinkAboutMinutes - City Council - 05/06/1985CITY COUNCIL 6 MAY 1985 The South Burlington City Council held a regular meeting on Monday 6 May 1985, at 7:15 p.m. in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Leona Lansing, George Mona Members Absent William Peters, Michael Flaherty Others Present William Szymanski, City Manager; Jane Bechtel, City Planner; Margaret Picard, City Clerk/Treasurer; Sidney Poger, Planning Commission; Albert Audette, Street Department; Barry Carris, Regional Planning Commission; Ruth Poger, The Other Paper; Carl Cobb, Dick Trudell, Lynn Fife, J. Edward Marceau, Jackie Marceau, Barbara McCough, Sarah Shea, Lowell Krassner Executive Session Ms. Lansing moved that the Council meet in executive session for the purpose of discussing pending litigations with the City Attorney. Mr. Mona seconded with unanimous consent. Regular Meeting Comments & questions (not related to items on the agenda No issues were raised. Sign short term borrowing notes for the Airport Parkway sewage treatment plant construction project Mr. Farrar read the first Resolution (attached). Ms. Lansing moved that the Council sign the resolution as read. Mr. Mona seconded and the motion passed 3-0. Mr. Farrar then read the second Resolution (attached). Ms. Lansing moved that the Council sign the resolution as read. Mr. Mona seconded and the motion passed 3-0. Mr. Farrar then read the third Resolution (attached). Ms. Lansing moved that the Council sign the Resolution as read. Mr. Mona seconded with the motion passing 3-0. Click here for all Resolutions PUBLIC HEARING on preliminary plat plan for a planned unit development on land of Homer & Marie Dubois located on the west side of Hinesburg Rd., approximately 2 miles south of 189, also known as Butler Farm The preliminary plat has been approved by the Planning Commission. Mr. Cobb indicated 2 streets entering the development and several other streets within the development. There will be 145 developable lots with 4 lots left open within the development for park, garden, play area, etc. Two lots on Hinesburg Rd., one of 7+ acres and one of 3+ acres will be dedicated to the city. The area of the existing Dubois homes will never be developed at a greater density than it is now. An area behind the Dubois home has been reserved for future development. Several right-of-ways have been reserved. The plan has received some Act 250 review. Mr. & Mrs. Marceau have asked for a fence between their property and the planned development. Mr. Cobb indicated that Mr. Dubois had expressed willingness to build half of the fence. Mr. Mona raised the question of whether it was the business of the Council to consider the fence question, although he did appreciate the Marceau's concern. Mrs. Marceau said she was confused by "mixed messages." She had read that the city wanted to keep the southeast quadrant open; then at the Act 250 hearing the city's message was that it wanted to develop the land there. She said she felt the density of 2 per acre was rather high. The question of impact on the schools was then raised, and Mr. Farrar said he didn't feel there would be a serious impact as there is space for about 1,000 more children in the system now. Ms. Bechtel indicated that permits won't be issued before capacity at the sewage treatment plant has been increased. It was determined that the City Manager will write a letter to the developer indicating where utility lines should be extended to. Mr. Mona then moved that the City Council approve the preliminary plat for the Planned Unit Development entitled "Butler Farms" as depicted on a set of plans prepared by Trudell Consulting Engineers, entitled "Butler Farms, Planned Unit Development, Moderate Density Residential, South Burlington, Vermont," dated January 17, 1985 with the stipulation that a 60-foot right-of-way be split between the 2 adjoining properties, with legal documents transferred to the City. Ms. Lansing seconded for discussion. Ms. Lansing moved to amend the motion to refer the fence issue back to the Planning Commission for an equitable resolution by the parties involved. Mr. Mona seconded for discussion. The motion to amend passed 2-1, Mr. Mona opposing. The motion was approved as amended 2-1 with Ms. Lansing opposing. Report on progress in Act 250 Hearings on Dorset St. widening project & discussion of guideline in City's role in the hearing and in future hearings Mr. Szymanski noted that he and Mr. Poger have been attending the hearings. The most controversial issue is traffic, with Ms. Smith of Brookwood arguing that the road is overbuilt and that the middle lane is unnecessary. There is also the question of Corporate Circle coming in the future. Mr. Poger expressed concern about what will happen to Hinesburg Road when that road is open. Mr. Farrar stressed that this issue should be on the list of concerns given the MPO. Mr. Poger said he wouldn't be surprised to see 2 more Act 250 hearings with a decision in late June or July. Mr. Farrar said that given the condition of Dorset St., it would be disastrous to use up another construction year, and asked the City Planner to try to coordinate efforts with Art Hogan. Mr. Farrar then raised the question of the proper roles of various parties in Act 250 hearings. He noted that just about every project that goes to Act 250 has had some prior hearing, such as the Planning Commission or a Public Hearing. The local or regional planning commissions have to certify that the project is in conformance with the local or regional plan. He said he felt that for the Regional Planning Commission to use the Act 250 hearing to find out about the plan is not in keeping with the purpose of the Act 250 process. There were hearings held earlier at which time information could have been gathered. He suggested the following procedure: 1) the Minutes of the Planning Commission go the Regional Planning Commission which would also get a copy of the application; 2) the staff would study the project before the Act 250 hearing and make one of the following determinations: the project is OK with no problems, the project conforms to the Regional Plan but needs modification prior to Act 250, the project conforms but shouldn't be built, the project is not in conformance with the regional plan; 3) the Regional Planning Commission would make its decision and submit it to Act 250. Mr. Farrar noted that the "crunch" is being put on the end of the project instead of the beginning. Mr. Carris said that he would communicate this information to the Regional Planning Commission. Accept resignation of Ann Emery from Library Board of Trustees Ms. Lansing moved that the Council accept with regret the resignation of Ann Emery from the Library Board of Trustees. Mr. Mona seconded and the motion passed unanimously. Mr. Szymanski will write a note of appreciation to Ms. Emery. Continue discussion on funding expansion of sewage treatment plants Mr. Szymanski noted that Bill 355 on tax incremental finance districts has made it through the House. The Council considered the proposed funding proposal (attached). Ms. Lansing then moved that the Council approve the funding proposal as outlined in the City Manager's memo of May 3, 1985, entitled "Sewer Plants Expansion, Funding Projections & Hook-on Rates," and that rates be set as per attachments entitled "Appendix 7A Flow Quantities" with the rate being $2.50 per gallon. Mr. Mona seconded and the motion passed unanimously. Review Proposed Transitional District and schedule Public Hearing Mr. Farrar noted that the hearing must be set no less than 30 days and no more than 100 days from this date. Ms. Lansing moved that the Public Hearing for the proposed transitional district be set for Monday, June 17, 1985, at 7:30 p.m. Mr. Mona seconded with unanimous approval. Mr. Farrar asked if there was any specific information anyone wanted brought to that hearing. Mr. Krassner suggested a study of traffic impacts if a majority of uses in the district were of a retail nature. Ms. Picard suggested that the meeting warning contain the words "Dorset Street" and not simply "transitional district." Mr. Krassner suggested there are other areas of the city that might also be properly zoned "transitional." These would include the Corporate Way area. Ms. Bechtel noted that there will be two votes: one for the language and the other for the specific areas in the district. Review Planning and Zoning Agendas Mr. Mona noted that the Planning Commission will be considering a proposed amendment to the Industrial-Commercial District and felt this was putting the "cart before the horse" again. He asked why it is that this same applicant continues to bring this same proposal. Ms. Lansing questioned that proposed motel and asked if it isn't in the approach to the Airport. Mr. Szymanski noted that Pat Brennan is aware of this and is concerned. Read Minutes of Regular Meeting of April 15, 1985 Ms. Lansing moved that the minutes of April 15, 1985 be approved as written. Mr. Mona seconded with unanimous approval. Sign Disbursement Orders Disbursement Orders were signed. Hearing on Employee Grievance The grievance was not heard as the employee was not present. Old Business Ms. Lansing noted that David Spitz is getting together a new slate of officers for the MPO. He has asked Ms. Lansing to serve but at present she can't accept as she is an alternate delegate. Mr. Szymanski advised that the decision can be delayed until after July 1. Liquor Control Board Ms. Lansing moved that the Council adjourn and meet as Liquor Control Board. Mr. Mona seconded with unanimous approval. Mr. Szymanski presented a second class liquor license request from O'Connell & Curran at the site of what was Brothers 2. Mr. O'Connell advised that the establishment will be called "Champlain Wine & Ale Co." The fire and police chiefs reported no problems. Ms. Lansing moved that the Board sign the liquor license for Champlain Wine & Ale Co. Mr. Mona seconded and the motion passed unanimously. Ms. Lansing and other Board members expressed thanks to Ms. Picard for bringing liquor licenses to their homes after hours. Mr. Szymanski presented the following catering permits: 1. Henderson's Up street Cafe: picnic for UVM senior class at Red Rocks Park, May 15, Noon-6 p.m. A policeman and person to man the beachouse will be hired; clean-up has also been guaranteed. 2. Grandvue Corp: a wedding at K of C Hall, June 8, from Noon - 6:30 p.m. 3. Grandvue Corp: a wedding at K of C Hall, May 11, from 6:30 pm to Midnight. Mr. Mona moved that the catering permits presented by the City Manager be approved. Ms. Lansing seconded with unanimous consent. Mr. Mona questioned the status of a fee for catering permits. Mr. Szymanski said he is continuing to research the question with the City Attorney. Executive Session Ms. Lansing moved that the Liquor Control Board adjourn and reconvene as City Council for the purpose of going into executive session to discuss the ambulance contract, land purchase, and union negotiations and to come out of executive session only for the purpose of adjournment. Mr. Mona seconded with unanimous approval. The Council came out of Executive Session and by motion of Mr. Mona and seconded by Ms. Lansing the Council adjourned at 10:00 P.M. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. /' CITI OF SOUTH BURLINGTON NON-ARBITRAGE CERTIFICATE We, the Treasurer and at least a &jority of the City Council of the City of . South Burlington, Vermont (the "~ssuer") hereby certify as follows with respect to the $1.000.OOO.OOSorie.s A Bond Anticipation Notes 1 to 40 of the Issuer (the "Notes"), which Notes are dated May 8, 1985, payable May 7, 1986: (1) The Issuer is issuing and delivering Notes simultaneously with the delivery of this certif icate. I (2) We are the officers of the Issuer charged by law with the responsibility for issuing the Notes. (3) The Notes are being issued for the purpose of making public sewer system I improvements as stated in vote of said Issuer at a special meeting thereof held September 11, 1984. I I (4) Substantial binding obligations to commence the project being financed by the Notes have been made, consisting of at least a binding obligation for engineer- I ing services obligating the Issuer to expend more than 2-1/27. of the total cost of said project being financed by the Notes. I (5) The entire amount borrowed by the issuance of the Notes together with all of such, if any, amounts previously raised or borrowed for the same purpose, does not exceed the estimated total cost of such project less all other funds available for the purpose and at least 95% of the proceeds of the Notes has been or is ex- pected to be needed and expended for project costs within three years from the date of the first borrowing for the project. I (6) Work on the project being financed by the Notes has proceeded and is expected to proceed hereafter with due diligence to completion. I (7) The Notes are not being issued to refund notes previously issued. (8) Property financed by the Notes has not been and is not expected during the life of the Notes to be sold or otherwise disposed of for consideration. (9) It is expected that any earnings or net profit derived from investment or deposit of the proceeds'of the Notes, including transferred proceeds, any accrued interest received upon their sale and any premium received on the delivery thereof. after deducting costs of issue, will be expended for project costs within the period in paragraph (5) above to the extent such funds are not commingled for accounting purposes in the general funds of the lssuer with tax and other substan- tial operating revenues. (10) The Issuer has not created and does not expect to create or establish any debt service fund, bond payment reserve, sinking fund, br other similar fund pledged to the payment of the Notes or from which It is expected that payment of m the Notes would be made. CITY OF SOUTH BURLINGTON RESOLUTION BOND ANTICIPATION BORROWING May 8, 1985 SERIES A . WHEREAS, the City Council is duly empowered to borrow money on the credit of 1 the City of South Burlington in anticipation of the issuance and sale of up to $2,100,000 face amount of public sewer system general obligation improvement bonds . duly authorized by vote of the City of South Burlington at a special meeting there- I I of duly held September 11, 1984. and WHEREAS, the said City Council has found and determined, and does hereby find l and determine. that it is in the best interest of the City of South Burlington to borrow the sum of $1,000,000 in anticipation of the issuance and sale of said bonds I in order to have available money with which to defray the City's cost of said improvements as work progresses. 1 THEREFORE, BE IT RESOLVED that the City Council forcqdin behalf of the said City of South Burlington borrow the sum of $1,000,000 from CHITTENDEN TRUST COM- PANY, the said loan to be evidenced by promissory notes numbered 1 - 40 inclusive in denominations of $25,000 each, May 8, 1985, aggregating $1,000,000 to be signed in behalf of said City of South Burlington by its City Council, or a majority of them, and its Treasurer. in the form and upon the terms set forth in the Note, hereto attached and made a part hereof. I We hereby certify that we are the duly chosen, qualified and acting officers 1 of the City of South Burlington as indicated below, and we acknowledge that the foregoing action was taken at a duly noticed. called and held meeting whereat we were present and voted in the affirmative. I DATED this 6th day of Way. 1985. 1 . , I , -. . . )ii !-\ c ,>I .>,. 1 ),.,, .b>k, Trea ub r T... 3 ;.- , (/.'- I >. I I' City Council or a majority thereof The foregoing signatures are true and genuine, attest: y, , ,. \ , 7 \.' , ,:I.<. <, q Clerk, !,Cjty of South Burlington DENOMINATION $25,000.00 MATURITY May 7, 1986 We, the undersigned City Council and Treasurer of the City of South Burlington hereby certify that we as such officer$ have this date signed the Series A bond anticipation notes, dated May 8, 1985, numbered 1 to 40 inclusive, in denominations of $25.000 each, which notes aggregate $1,000,000 face principal amount. payable as I therein set forth and reciting that they are issued under and pursuant to vote of 1 the City of South Burlington September 11, 1984. We also certify that each of said I notes is similar in form to the others of this issue and are similarly executed. . - We, the said City Council and Treasurer of the City of South Burlington, hereby certify that we are the duly chosen. qualified and acting officers as undersigned, that the notes are issued pursuant to authority, that no proceeding relating thereto has been taken other than shown in the foregoing recital, and that no such authority or action has been amended or repealed. We further certify that no litigation is pending or threatened affecting the I validity of the notes or the apportionment and assessment of taxes, if necessary, to pay the same when due, that: neither the corporate existence nor the boundaries of the City of South Burlington, nor the title of any of us to our respective I offices, is being questioned or contested. DATED this 6th day of May, 1985. (SEAL) All or a majority of the City Council RESOLUTION AND CERTIFICATE May 8, 1985 $1,000,000 SERIES A BOND ANTICIPATION NOTES I WHEREAS, at a regular meeting of the City Council of the City of South Burling- ton, at which at least a majority of the City Council was present and voting, which ' I meeting was duly called and held on July 19, 1984, it was unanimously found and determined that the public interest and necessity required certain public improve- I ments hereinafter described, and it was further found and determined that the cost I of completing said improvements would be too great to be paid out of ordinary annual income and revenue of the City and that a proposal to provide such improve- , merits and incur debt of the City to pay for the same should be submitted to the legal voters at a special meeting to be called and held for that purpose, and it I was so ordered, all of which action is hereby ratified and confirmed, and I WHEREAS. pursuant to the foregoing action the City Council caused to be issued l a warning for a special meeting of the City to be held on September 11, 1984, to consider certain proposals described in the Warning dated August 6, 1984, which is I duly recorded in the records of the City of South Burlington. I WHEREAS. said Warning was duly recorded, published and posted, and I WHEREAS, said meeting was duly held on the date, at the place and at the time I appointed, and a certain proposal to make improvements and incur debt therefore were voted in the affirmative, and WHEREAS, the City Council has been and is now carrying forward the authorized improvements to completion and funds are needed to meet accruing costs of the same, and I I WIIEREAS, the City Council has negotiated a temporary loan with CHITTENDEN TRUST COMPANY for $1,000,000 at 5.95 % to be evidenced by a series of notes as - I hereinafter set forth. I THEREFORE, BE IT RESOLVED that the City Council and the Cicy Treasurer proceed forthwith to complete said transaction and issue said evidences of indebtedness to I cover the same, and I BE IT FURTHER RESOLVED that said evidence of debt when issued and delivered 1 . pursuant to this resolution shall be a valid and binding general obligation of the City of South Burlington; payable according to the terms and tenor thereof from I assessments and if necessary from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City as established by law, and I I BE IT FURTHER RESOLVED that all acts and things heretofore done by the law- fully constituted officers of the City of South Burlington and its Board of Trustees I in, about or concerning the improvements or the contracting of loans in connection therewith are hereby ratified and confirmed, and I We, the undersigned City Council and Treasurer, hereby certify that we have signed the $1,000,000 aggregate face amount of Series A bond anticipation improve- ment notes. numbered 1 to 40 inclusive, dated May 8, 1985, of the following denodn- I ations and maturities in the form hereto attached and made a part hereof: I (11) To the bast of our knowledge, information and belief, the above expecta- @ tions are reasonable. (12) The Issuer has not been notified of any action by the Commissioner of Internal Revenue to disqualify it as an issuer whose arbitrage certificates may be relied upon. This certificate is executed and is being delivered pursuant to Sections 1.103-13, 1.103-14 and 1.103-15 of the Treasury Regulations under Section 103(c) of the Internal Revenue Code of 1954, as amended. Majority of City Council Dated: May 6, 1985 TO: South Burlington City Council FROM: William J. Szymanski, City Manager RE: Sewer Plants Expansion, Funding Projections & Hook-on Rates I DATE: May 3, 1985 , A projection of funding the cost of increasing the capacity of both City sewage treatment plants from their current capacity of 1.95M gallons per day.to a 20-year need projection of 4.OM gallons per day or an increase of 2.05M gallons per day. The cost estimate is approximately $4,500,000. It was decided at the April 15, 1985 City Council Meeting, to pay this debt off in a 10-year period. This debt to be paid by assessing new users a hook-on fee and setting up a tax increment district. For a 4-year period 1981-84 the average yearly increase in sewage plant flow was 102,500 gallons per day. Using an average, for plant expansion, of 100,000 gallons per day, per year and setting a hook-on rate of $2.50 per gallon would generate $2,500,000 for a 10-year period. For the year 1984 new construction that hooked-on to the sewage system, based on permits issued, had a value of $7,443,000 for residential and $7,556,000 for commercial development. Under the tax increment district approach and assuming a future yearly growth of $12,000,000 and a tax rate of $2.00, this would generate $240,000 per year and committing this new growth tax revenue for 2-years from each development toward sewer expansion debt payment, would yield over a 10-year period, $4,560,000. This together with the hook-on fee revenue would amount to $7,060,000. The $4,500,000 10-year bond issue with interest would amount to approximately $7,000,000. In estimating flows for the hook-on fee charged new development, the flow rates set by the State Department of Water Resources dated September 10, 1982, and subsequent rates issued will be used. APPENDIX 7-A FLaJ QUANTITIES / ESTABLISHbENT i GALWNS/PERSON/UAY (unless otherwise noted) i Assembly Areas, CohferenCe Faom .:. ............ 5 Airports (per passenger) ................. 5 Bathhouses and Swimming Pools ............... 5 Bowling Alley (no food service) per lane ............ 75. ............ Camps : Campground with central comfort stations (4 people/site) ................. 140/site With flush toilets, no showers (4 people/site) . . 100/site Construction camps (semi-permanent) ........ 50 ' ' 15 Day camps (no meals served) ............ Resort Camps (night 6 day) with limited plumbing . 50 Cafeterias ..:..... .-, . .~, ,. .............. -%,, 50/seat ,, :. .~. . . i I :>. ,, i: Churches: ..3-*"~.r,:- , ~.: . . Sanctuary seating x-25% ..........:.. 5 Church suppers .................... Cottages ......................... Country Clubs {per resident member) ............ Country Clubs (per non-residenf member present) .....-. Dentists: Staff Member ..................... Per Chair ..................... ooctor's Office: Staff Member ................... Patient . ' ...................... *Dwellings: Apartments :(minimum 2 people/bedroom) ....... Boarding Houses ...............-.. Addition for non-resident boarders ....... Multiple Owellings (condominiums, townhouses, clustered housing) (minimum 2 people/bedroom) . . Rooming Houses (per occupant bed space) ...... Single Family Dwellings (per bedroom) ....... Factories (gallons per person, per shift, exclusive of industrial waste) .................... .Gyms: . Participant .................... Spectator.... ................. Hairdressers : Operator ...................... ..................... Per Chair **Hotels.with Private Baths (per person sleeping space) . . Institutions other than hospitals (per bed) ........ Laund~ies, self-service (gallons per machine) ........ Mobile Home Parks (per space1 ...............'. "Motels with bath, toilet (per person sleeping space) . . Picnic Parks (toilet wastes onlyLpicnicker) ......:. Restaurants (toilet and kitchen wastes/seat, including restaurant and bar seats) ................. APPENDIX 7-A - FU)W.QVANTITIES $age 2 GAttONS/PERSOPE !, (unless otherwise, noted) Additional per seat for,restaurant serving .................. 3mealsperday 15 Restaurants (fast food - see cafeterias) ......... Schools; noarding . ...I.. .... . :':;'. .............. 100 ..... Day, without gyms, cafeterias, or showers 15 .... Day, with gyms, cafeterias. and showers .. 25 Dny:with cafeteria, but without gyms or showers . 20 scrvice Stations (first set of gas pumps1 .......... 500 ............... (each set thereafter) 300 Sewer Line Infiltration (where applicable) 300 gal/in pipe die/mile/day, '*shoppiny Centers/Stores: 2t: *, - - : ., . . -i. ' Large Dry Goods , -$p2*.:.%' : : . " 7 .. .... ,i'.,L..\. ..;; ............ large Supermarkets wrthmeat department without - . ................... garbage grinder 7.5 GPD/lOO fta Large Supermarkets with'meat department with garbage grinder ................. 11 GPD/100 eta ... Small Dry Goods Stores (in shopping centers) 100 ~~dfstore Subdivision per lot (or 150 per bedroom, whichever is ...................... greater 450 Theaters: Movie (per auditorium seat) ............ -. 5 Drive-in (per car space) ............. 5 Travel Trailer Parks without individual water & sewer hookups (per trailer space) ................... 50 Travel Trailer Parks with individual water & sewer hookups (per car space) .................... 100 Veterinary Clinic 0 or lessdoctors): .............. without animal boarding 750/clinic ............... wich animal boarding 1,50O/clinic Workers: Construction (at semi-permanent camps) ...... 50 ...... Day at schools and offices (per shift) 15 I * Elderly housing may be calculated at 1.5 people per bedroom. ** Ones not include laundry or restautant waste.