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Minutes - City Council - 07/20/1987
CITY COUNCIL 20 JULY 1987 The South Burlington City Council held a regular meeting on Monday, 20 July 1987, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Molly Lambert, George Mona, Francis Murray, Michael Flaherty Also Present William Szymanski, City Manager; Wendy Schroeder, Business Manager; Margaret Picard, City Clerk/Treasurer; Albert Audette, Street Dept; John Race, Police Chief; Jane Lafleur, City Planner; Steve Stitzel, City Attorney; Annetta Allen, Comments & Questions from the Audience (not related to items on the Agenda) No issues were raised. Public Hearing: Amendment to City Ordinance Regulating Conduct in City Parks Mr. Farrar read the Ordinance (attached). Ms. Allen asked for clarification of the restrictions. Mr. Farrar indicated that in Red Rocks Park dogs are permitted on the trails but are not permitted on the beach. Mr. Murray moved that the Council approve and sign the Ordinance. Mr. Mona seconded. Motion passed unanimously. Accept from Planning Commission proposed amendments to City Zoning Regulations regarding Traffic Impact Standards and start review process Mrs. Lafleur summarized the major changes. The traffic overlay zone has been eliminated since it had no relation to traffic already on a particular road and did not allow the commission to consider impact on intersections. Two types of studies are now possible: a simple level of service calculation or a more elaborate full traffic study. For the latter, there are now uniform standards. There are also new standards as follows: If a road is at level "C", it must stay at "C"; if it is "D", it can't be made worse than "D"; if it is already worse than "D", it must be brought up to "D". Mr. Murray asked if it wouldn't make sense to put the burden on each developer instead of waiting for one to break the camel's back. Mrs. Lafleur said the Commission does have a system in place for Shelburne Rd. where each developer pays a portion of the upgrading. Similar plans are being designed for Williston and Hinesburg Rds, and they will try to do this at other places in the city. Members expressed concern at allowing conditions to worsen within the "D" level of service. This will be discussed more fully at the public hearing. Mr. Murray moved that the Public Hearing for revisions to the Traffic Impact Standards of the Zoning Ordinance be set for 14 September 1987. Mr. Flaherty seconded. Motion passed unanimously. Accept resignation of John Dooley from the Planning Commission Mr. Murray moved that the Council accept with regret the resignation of John Dooley from the Planning Commission and offer their congratulations on his new appointment. Mr. Flaherty seconded. Motion passed unanimously. Consider making appointment to Planning Commission Mr. Flaherty moved that Ann Pugh be appointed to the Planning Commission. Mr. Mona seconded. Motion passed unanimously. The City Manager will send letters of thanks to other applicants. Mr. Farrar suggested appointing Bill Craig to the Shelburne Rd. study committee. Members concurred with this. Sign Agency of Transportation application for Bridge Engineering service for Lime Kiln Bridge Mr. Farrar explained there is a separate fund for bridges and a separate priority list. Mr. Szymanski said the study will cost the state $280,000. The original bridge was built in 1912. Mr. Mona moved that the Council sign the application for Bridge Engineering service for the Lime Kiln Bridge. Mr. Flaherty seconded. Motion passed unanimously. Continue discussion on appointment of second constable Mr. Szymanski said he had been told that the constable would be covered by insurance only when he is working for the City. There is a concern that the City could be sued as well. Mr. Farrar said it was possible the City could request the Constables to carry a minimum amount of insurance. He also would like to know if there are any case precedents. Ms. Schroeder telephoned the City's insurance consultant who felt that there would be a risk to the City's insurance program, particularly the umbrella liability and Workmen's Compensation. There might also be a problem with the police liability, and there is now only one company writing it. He felt this should be weighed against any benefit the City might derive. Members felt they would like to discuss this fully with the insurance consultant at the next meeting. Mr. Murray moved to continue the discussion until the next meeting. Mr. Mona seconded. Motion passed unanimously. Mr. Szymanski noted that Don Lavalette did not think another constable was necessary. Review Planning & Zoning Agendas Mr. Mona noted that under Item #3, lot coverage is listed at 100%. Mr. Szymanski said this is the lot across from the Post Office, and confirmed that lot coverage is 100%. Members felt that if the new use was more intense than the present use, it should not be allowed. Mr. Mona moved that the City Manager send a letter to the Zoning Board explaining the Council's concern. Mr. Murray seconded. Motion passed unanimously. Mr. Farrar questioned the action on the radio antenna request. He recalled a state law which said Zoning and Planning boards could not control radio antennas under height restrictions unless specifically mentioned in the Zoning Ordinance. The Acting City Planner will be asked to look into whether the Ordinance does specifically mention radio antennae. Review Minutes of 29 June 1987 Mr. Murray moved that the Minutes include the original correspondence from Mr. Murray and Mr. Farrar concerning Council goals. Ms. Lambert seconded. Motion passed unanimously. Mrs. Lambert moved that the Minutes be approved as amended. Mr. Murray seconded. Motion passed unanimously. Sign Disbursement Orders Disbursement orders were signed. Consider request to amend Dog Ordinance regarding pit bull dogs. Mr. Szymanski noted that a model ordinance is being prepared by the League of Cities & Towns. He will check to see if it is available yet. Mr. Mona suggested that when the Council does discuss the item, the owner of the dog in question be advised of the discussion. Continue discussion on Council goals Mr. Farrar continued with his list of goals. These included: a) Bartlett Bay Treatment Plant: capacity will run out next year. There is now a design study. The next step will be to do construction plans so it can be bid next year. b) Sludge disposal sites: Mr. Farrar felt the best time to do this is in conjunction with the City Center, so it can be handled through TDR's. c) Solid waste problem d) Sewers for Country Club Estates and Meadowood: These are the only 2 areas without sewers, and they have contributed to the building of sewer lines from which they have never benefited. Mr. Farrar felt the rest of the community should help with sewers for these areas, and he agreed to present a funding formula proposal for the next meeting. e) East Woods: Mr. Szymanski explained that there used to be a formula strictly based on usage with the same rates as Burlington customers pay. The new rates will be a lot higher and the City Attorney has said these rates will have to be paid. South Burlington maintains the lines and does the collections, so Mr. Farrar felt there might be some basis for negotiation. f) water storage tank: The Master Plan calls for a site in the southeast quadrant between Spear & Dorset Sts. A site should be chosen now before development, so that prospective buyers are aware of it. g) hydrants: Dead-end lines should be tied in. Also, some hydrants should be relocated. h) enclose hockey rink: There is some interest in this. One thought was to get the present Hilson's building if it can be moved. i) Update personnel rules Mr. Murray moved that these goals be added. Mr. Flaherty seconded. Motion passed unanimously. Other suggested goals included: a) Williston Mall: Mr. Farrar noted that the issue appears to be emerging again. Some considerations would be: what are the issues, which issues affect S. Burlington, should the City take a position and how. Possible issues are: traffic and economic impact. Mr. Farrar said they should get expert advice in these areas and team with other municipalities with the same interests. He suggested a few Council people flush out the issues and get information. Members agreed that Mr. Flaherty and the City Manager would work on this. b) City Center: a traffic study is needed as well as information on the interchanges. Members agreed to get a study going. c) City Council evaluation d) Pedestrian trails & sidewalks: Mr. Mona will work on this with Mr. Audette e) Evaluation of City Manager: Mr. Flaherty will try to get a form from the League Mr. Mona suggested in the next year's annual report the Council goals should be printed. Review amendments to City Personnel Rules & Regulations re: Job Sharing Mr. Farrar said his only question was with the benefits section. Some benefits can just be divided in half. With medical insurance this doesn't work. Mr. Stitzel said a job must be advertised with a defined benefit package; this can't be left to negotiations in the selection process. He noted that UVM allows half-time employees to pay additional insurance premiums themselves. Mr. Mona moved that the amendments to the City Personnel Rules & Regulations be adopted. Mr. Murray seconded. Members agreed that life insurance should be split from the insurances as it can be divided. It was agreed to add it to the "retirement" section. Ms. Picard noted that a full time employee might be upset if a half-time person gets benefits that the full-time person had to bargain for. Mr. Mona moved to amend the proposal to include provision that the second person can secure medical insurance benefits if he/she is willing to pay the premium at the city's cost. After a brief discussion, Mr. Mona withdrew his motion. Mr. Mona then moved to amend the motion to add life insurance to the retirement section, changing the title to "Retirement and Life." Mrs. Lambert seconded. Motion passed unanimously. Mr. Flaherty then moved to amend the motion to indicate that the City will pay half of the medical and dental benefits costs for each employee. Mr. Mona seconded. Motion passed unanimously. The amended motion was then passed unanimously. Fire Sub-station proposals Mr. Szymanski noted that 6 bids were received ranging from $178,194 to $275,825. The Chief reviewed the proposals and has no problems with the 2 lower bids except both are above the budget figure. He noted that the living quarters floor could be wood instead of concrete which would save $6,000. After a brief discussion, it was agreed that all bidders would be approached to see what they can do to reduce costs. Liquor Control Board Mr. Flaherty moved that the Council adjourn and meet as Liquor Control Board. Mr. Murray seconded. Motion passed unanimously. Mr. Szymanski presented a liquor license request for the new owners of the Ramada Inn, Farrell & Cenci. Mr. Murray moved that the liquor license be granted as presented. Mr. Flaherty seconded. Motion passed unanimously. Mr. Murray moved that the Liquor Control Board adjourn and meet as City Council in Executive Session to discuss labor negotiations and resume regular session only to adjourn. Mr. Flaherty seconded. Motion passed unanimously. Click here for City Council Objectives The Council came out of Executive Session at 11:30 P.M. and adjourned immediately. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. AMENDNENT OF SOUTH BURLINGTON ORDfNANCE REGULATING CONDUCT IN SOUTH BURLINGTON PARKS The Council of the City of South Burlington hereby ordains: 1. Section 7A is amended as follows: Except where prohibited under Subsection E below, [No] domestic animals are permitted within the park boundaries [unlesal when under the control of the ouner. 2. Section 7E is added as follows: Domestic animals shall be prohibited at all times from the beach area at Red Rock6 Park 'and the adjoining waters of Lake Champlain. 3. This amendment shall take effect on passage. Approved this 20th day of JULY - , 1987 by the Council of the City of South Burlington. SOUTH BURLINGTON CITY COUNCIL MCNEIL. MURRAY & SORRELL. INC. ATTORNEYS AT LAW 271 SOUTH UNION STREET BURLINGTON. VERMONT 05401 JOSEPH C. MENEIL 11919. 19781 JOSEPH E. MCNEIL FRANCIS X. MURRAY WILLIAM H. SORREU ROBERT E. FLETCHER. JR. MARSHA SMITH MEEKINS JOHN T. LEDOl NANCY GOSS SHEAHAN - ARTHUR W. CERNOSIA July 6, TELEPHONE 863-453 1 AREA CODE 802 Sue Alenick, . . . .. .;: South Burlington city Council Secretary 434 North Street Burlington, VT 05401 Re: Meeting Dear Sue: . . I have enclosed a copy of my cover letter to the Council and Manager and a copy of my draft of the resolution for the procedures and goals of the City. I hqve also enclosed a copy of Paul Farrar's outline of goals. Could you make thes.e d communications attachments to your draft of the minutes. I have also enclosed an outline of the matters which my notes indicate passed. I 1. Adoption of procedures - my notes suggest that I moved the adoption of the procedures. I do not know who seconded. George Mona I amended #3. The procedures were adopted as follows: Resolution of the City Council of the City of South Burlington Regarding Adoption of Procedures for the ~ccoiplishment of the Citv' Goals and Adoption of the City's Goals Whereas, the City Council is responsible for establishing the Goals of the City of south Burlington, and whereas, the City has many important unresolved problems and goals which need immediate, constant and professional attention, and Whereas, in order to resolve said problems it is as important to identifyoe appropriate procedures to follow to accomplish said goals as it is to identify said problems and goals, and Whereas, the City Manager, as the chief executive officer of the City is responsible to the City Council "for the efficient administration" of the executive and administrative operations of city government and the City Manager is responsible to the City Council to "carry out the policies laid down by the City." [City Charter Sec. Now therefore be it resolved that the City Manager shall be responsible to the Council to do the following: 1.) Review the:proposed goals outlined below in this resolution as so to determine what additional goals with. Council should include. 2.) Report to the Council in writing at its next scheduled meeting regarding said additional goals., 3.) The City Manager shall provide the Council with a written report outlining the goals and schedule for the accomplishment of the goals which the Council (with the Manager's help) adopts. 4.) The City Manager shall provide in a written report to the Council on the progress or the lack thereof on each said goal at the first Council meeting of each month 5.) The City Manager shall include said written montly report in the monthly meeting. 6.) The format of the City Council agenda shall be amended so that item number 2 on the agenda for each meeting of the Council at the beginning of each month shall be as follows "2. Oral report of the City Manager on the Goals of the City." 7.) The City Manager shall be responsible for maintaining a written updated account of the Council discussions, recommendations and directions made to him by the Council during his oral report to the Council on said goals. 2. Substitute Goals - my notes suggest that we followed Paul's outline at the beginning of our discussions, and that we adopted the following substantive goal in the following form: It is further resolved that the goals of the City of South Burlington are as follows: . . . '? 1. Ca~ital Budqet The City Manager shall provide the Council with a written outline of the future capital and expense needs of the City Departments and an outline of the city.'~ plans to meet these needs. This outline shall include the following departments of the City and include input of the City's department heads: Water Police Fire Highway Recreation Sewer/Water Pollution Control City Administration During the discussion of this goal Bill Szymanski and the Council agreed that Bill would come back to the Council with a schedule for when the Council will receive the Department head reports and a schedule for their discussion. Frank Murray expressed the need for the Manager to include the capital needs of the City Hall physical plant in his report. 2. Planninq The City Manager will outline the need and advantages for the City having an official City Map; what is legally necessary to complete the City Map; an estimate of the cost to draw up such a map: the views of the City's Planning Commission and the views of the City's Planning Staff regarding the need for said map. 3. City Charter a. Annual Assessments The City Manager shall investigate and report to the Council regarding a method to annually update the City's property assessments - i.e. Can the City use an annual assessment of the value of only a portion of the City ptoperties and apply the increase indicated by .:I this portion to the value of the property of the entire City without the need to complete an annual City wide approval. b. Jncruinental Tax Districts The City Manager shall investigate and report to the City Council whether the Charter should be amended to provide the City's Steering Committee with the authority to establish tax incremental financing and to create tax incremental financing districts. c. Public Use of School Propertv The City Manager shall investigate and report to the Council whether it is advisable for the Charter to be amended to give the School Board the authority to decide whether the School property can be used by the community. 4. City Parks The City Manager shall report to the Council with the following: a.) Recommendations as to how the City should use existing City Parks; and b.) A plan for the City to acquire and develop the new City Center Park; and c.) An outline of the need for additional park land and identification of any City land which could meet this need (e.g. open land on lake front for a City Marina). 5. pew Interstate Interchanse 1. The City shall determine if a new interstate interchange is necessary for the implementation of the improvements planned within the area which has be& proposed to be the City's Center. .I 2. If an interchange is necessary, the City shall determine the extent, location and design of said interchange so as to minimize the impact on land use and surrounding neighborhoods and to guarantee pedestrian safety. Considerations for pedestrian safety must include provisions for safe pedestrian movement for minors between the City's High and Middle Schools and the planned City Park. 3. The exact location of said interchange is not yet determined but can be at either Hinesberg Road and Kennedy Drive or both. 6. Shelburne and Williston Road 1. The City shall develop recommendations to improve these corridors so that they become transportation facilities which are aesthetically pleasing, safe and efficient for vehicle, pedestrian and bicyclist traffic. Included in this may mean study and developing alternative routes for Shelburne and Williston Road. The City's inquiry regarding these corridors shall include an investigation of the development of alternative routes for Shelburne and Williston Roads. 1. The City shall respond to said problems in a timely manner. (e.q. stop signs, odors, water problems) ordinances for traffic lights at Swift and Spear Street, etc.) The following procedures shall be followed in the City Manager's monthly report. a. City Manager shall report present problems called to his attention or to the Council's attention in his written monthly report. .a, b. City Manager shall indicate to the Council the manner and means necessary to resolve said problem. c. city Manager shall respondto citizen problems addressed directly to himself and those which,, have been addressed to him by the Council and keep the Council informed on a monthly basis in his written monthly report of the steps which he and/or his staff have taken to solve said problems. I 8. Lesal Cases The Council shall be informed of the nature of all litigation in which the City is involved and of all potential I litigation in which the City is about to become involved. This information shall include an outline of the City's theory in each case, an outline of the opposition's position and an estimate of the likelihood for success and/or failure. This report should be written. This report shall include all matters of litigation whether the attorney's involved are the City's appointed attorney or whether the City's attorney is a law firm representing one of the City's insurance carriers. This part Of the manager's monthly report should be provided to the council but not to the public and any discussion of it shall be in executive session. 9. Union This is another part of the manager's report which if consistent with the state's right to know law shall be provided to the Council, not to the public and; it shall be discussed only in executive session. The Council must be kept informed as to the existing terms of the union contract4 and informed as to .. input ... , from the City Manager , . and his department heads regarding how said contracts can be improved for more efficient and economic management of City departments. 10. Insurance The City needs an analysis of its insurance coverages and/or the lack thereof which are essential for the protection of the City. The City needs a plan to address any financial and/or increased coverage problems for said insurance needs and/or problems. A number of county and regional organizations have important interplay with meeting the needs of the Citizens of South Burlington. The City Council should attempt to reduce to writing the authority and manner of potential impact of these type of organizations on the Citizens of the City of South Burlington. The Council should meet with the representatives of the City appointed to these organizations and with executive officers of these organizations so as to formulate the City's goals with respect to each area of community service provided it by said organizations. The following is a list, not intended to be comprehensive, of said organizations: Metropolitan Planning Organization, League of Cities and Towns, Winooski Valley Park, Chittenden County Regional Planning Commission, Chittenden County Court (side Judges), County Waste Disposal Organization, Governor's Committee Studying Transportation Improvement Funding, etc. Discussion regarding City Goals was suspended. If you have any' questions, I will see you upon my return from vacation. ' 9, ' Respectfully yours, Francis X. Murray FXM: va Enclosure e TO: South Burlington City council ,-5 FROM: William J. Szymanski, City Manager - RE: 1987-88 Goals DATE: July 17, 1987 Per the request of the City Council at the June 29, 1987 meeting, I have prepared the following list of additional goals which I would like to see implemented this year: 1. Water ~ollutio;l'~ontrol: (a) Commence the preparation of plans for the increase in capacity of the Bartletts Bay treatment plant. (b) Secure additional sludge disposal sites. (c) Prepare an engineering'study for the sewering of a portion of the South East Quadraht (d) Determine feasability (funding) a sewer line on Meadowood Drive. (el Start negotiations with Burlingt,on for a better sewer charge rate for the East Woods area. 2. Water Supply Projects (a) Select, designate, secure an option or purchase a k acre site in south east quadrant for a future storage tank. (b) Continue program of tying in dead-end lines, replacing old hydrants and relocating hydrants. 3. Other Goals (a) Investigate possibility of enclosing the hockey rink. (b) Review and update personn~~l rules. 1) Budgeting- We now have a 10 year capital and a 10 year . . additions to expense budget plan: We need 5 year detail backup for each department on the implementation. For example: Highwayr with the additions to the expense budget proposed what v~ill the repair and rebuilding schedule be? We then stiauld agree on the priority list for the next two years. Police what manpower additions we contemplate are in the expense plan what is the Chief's plan far use of the additional manpower allocated in the next three years? Patrol? 0 Detectives ? - 2) Planing- We have all the :tat-1s escept a City Map I would suggest a meeting with The City Attorney and The Planner With the Council and Chairman of the Planning Commission to agree on hnw we get started on this. I think this may be very useful in the lcsny )run tiawevei- .L believe it wil.1 take a sustained Cou\-rcil interest for at least two years. 3) Charter-.- Are there any ctlanges we wish to fiave the Charter Committee investigate: Rolling Assessment? Use af School Froperty for Community F'ctrpuses? Frncess fur Anlendments H344??? Inch-emental Tax Districts? .. . 4) City Parks- We have a number of parks throughout the City I think we shuuld develop a lung range plan for there use. 5) Highways- Interchange Plan 1263, 13, ether, both or part of each we need a decision this year. 6) Wil1'ist;on Rfad- Sho1.11d we have a conlmi ttee as we are going tc- have -fc-~- Shelburne KD?? 7) Williston Mall- Wow do we respond? 8) City Ce1,tclr- L.et:s nial::e sul-k we have all the facts and tt1el.i act on the Planning Cc~m~nirjsic~lns PI-oposals on this. I think this <n~?y be the mc~st 1.11ipc.rt.ar1t decision we wil.1 mal::e this year.