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Minutes - City Council - 07/02/1990
CITY COUNCIL 2 JULY 1990 The South Burlington City Council held a meeting on Monday, 2 July 1990, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; John Dinklage, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Steve Stitzel, City Attorney; Ken Pinkham, Ron Weber-Jones, Roy Bushey, Steve Bushey, Ed Fisher, Mrs. Marshall, Mary Kehoe, Charles Scott 1. Comments & Questions from the Audience (not related to Agenda Items) No issues were raised. 2. Presentation from Country Club Estates Residents of Country Club Estates stated they have 4 major concerns: sewer assessments, the Airport Master Plan, the proposed natural gas plant, and the Griswold property. a) sewer assessments: It was noted that sewers are not in place now and it is not certain how they will be connected to a pump station. The city is presently counting on the Belter project to be approved, but residents wanted to know what would happen if it doesn't get approved and Mr. Belter doesn't let the city cross his property to get to the pump station. Mr. Farrar said it is the City's expectation to put in the sewers. It had been thought the Belter matter would be settled by now. It is currently in appeal at the Environmental Board and a decision is expected in about 2 months. If the project is not completed, the City would find a way to put in sewers, one way or another. Residents noted they are already being assessed (in tax bills just received) for the sewer surcharge. Mr. Farrar said the Council is going to consult with the City Attorney to see how that payment can be delayed. Residents asked that 2 members of the neighborhood be involved in that decision process. Mr. Weber-Jones asked why they have to pay an assessment at all when other city residents didn't have to. Mr. Farrar explained that when sewers were put into other areas of the city not covered by Fire Districts, the same procedure of assessment had been followed. Mr. Weber-Jones said they are paying more because it took longer to get their sewers. Mr. Farrar said this wasn't true because in this instance half the cost is coming from the general community and half from Country Club Estates. In the past the neighborhood involved paid the full cost. Residents asked if there is money to put the sewer lines in now. Mr. Hafter said the question is where they will go and that depends on where the pump station is. He said he would like to get the project re-costed to see where the city might put in a pump station if this becomes necessary. He felt the project could actually be done cheaper this year than the past estimate indicated. Residents asked what would happen if the City came up short of funds. Mr. Farrar said that would depend on how much money was involved. If it was significant, a decision would have to be made. He added the schedule depends on whether the city would need additional bonding authority and this will be known when the Belter decision is made. Mr. Farrar said if cost figures change dramatically, the Council would try to go back to the neighborhood and see the feeling there. Mr. Fisher stressed that the neighbors felt the City had not done well by them, not only with regard to sewers but also with regard to roads. Mr. Condos moved to authorize the City Manager to request Don Hamlin reassess the Country Club sewer project to determine costs to the city if it becomes necessary for the city to put in the pump station. Mr. Dinklage seconded. Motion passed unanimously. b) Airport Master Plan: Mr. Farrar noted the City Council will have a presentation on the Airport Master Plan at the next meeting. Residents noted that Air Guard Rd. is very dangerous and would be even more dangerous with more traffic on it. Residents are highly opposed to seeing any more traffic. They have been told that general aviation traffic would be routed there and that this is 60% of flights. Mr. Farrar said that traffic would be a major consideration in any plan presented to the City. Residents asked what can be done to get the 3-way intersection improved. Mr. Hafter said they are working up a plan for that. The intersection has been studied by JHK. He added that lines will be painted by next month. Residents asked how they could get zoning of the Griswold property changed from commercial/industrial to residential to prevent another Belter-type development. Mr. Farrar said that would have to start at the Planning Commission. d) Residents asked what the Council knows about the proposed natural gas plant. Mr. Farrar said that if and when such a proposal goes to Act 250, the City would be a party to the hearings. 3. Presentation of IBIS Corporation Interim Zoning Application Ms. Kehoe said the applicant proposes 2 single family, one story residences. She noted there are no buyers as yet because it is hard to sell a lot when you can't tell prospective buyers where a house has to be placed. She showed driveway locations for both houses behind the homes. There would be an easement for a shared driveway. Note #1 on the plan will be removed. Mr. Farrar said since the subdivision has been appealed to the courts, Note #1 might still apply, depending on the appeal verdict. Ms. Kehoe asked that for the City Council hearing Notes 1 & 2 be disregarded The houses would be connected to the existing sewer, if possible; otherwise, they would go to septic systems. The houses would be about 20 ft. in height. Mr. Farrar asked the applicant to present in writing information on building heights, maximum footprint, maximum building envelopes and their locations. Mr. Cimonetti noted that engineering is being done regarding a possible impact fee for intersection improvements at Spear/Swift Streets. It was noted that IBIS would anticipated complying fully with such a fee. Mr. Scott noted that Phase 2 of the Recreation Path goes right by the east side of this property. Mr. Farrar said the City will submit information on this and also on a proposed city street at the rear of this property. Mr. Cimonetti felt neighbors should have been notified of this hearing. Mr. Dinklage added he would like to have input from the Planning Commission as well. Mr. Farrar said requirements for notification were met. He added the Council can ask for written comments from the Planner. Mr. Cimonetti asked the hearing remain open to give ample opportunity for the public to know what they must do to give input. Ms. Kehoe said they would have no objection to coming back next week. Mr. Condos moved to continue the public hearing until 9 July 1990, and that written submissions be taken until 16 July at 4:30 p.m. Mr. Dinklage seconded. Motion passed unanimously. 4. Appointment of City Attorney for 1990-91 Mr. Dinklage moved to appoint Stephen Stitzel of Stitzel & Page as City Attorney for 1990-91. Mr. Condos seconded. Motion passed unanimously. 5. Appointment to Fine Arts Committee Mr. Dinklage moved to appoint Barbara Lozen to the three-year term (till 1993) on the Fine Arts Committee. Mr. Cimonetti seconded. Motion passed unanimously. 6. Appointment to Airport Commission Mr. Dinklage moved to appoint Michael Flaherty as representative to the Airport Commission. Mr. Condos seconded. Mr. Spillane noted the Airport Commission is attempting to assess off-airport companies 8% for business that involves the Airport. Mr. Farrar noted the City's representative to the Commission has opposed this and that the City will take whatever reasonable actions it can to oppose this. He said there is doubt of the legality of the proposal. Question of an alternate representative were raised. Mr. Dinklage amended his motion to name William Cimonetti as alternate representative to the Airport Commission. Mr. Condos seconded. The City Attorney will be asked to check as what authority an alternate would have. In the vote that followed, the motion passed unanimously. 7. Approval of Finance and Maintenance Agreement for Patchen Rd. Project Mr. Stitzel noted concerns which the City Manager had discussed with the State. Mr. Hafter said these stipulations are on all contracts and S. Burlington is not being singled out. Mr. Cimonetti moved the Council sign the agreement as presented. Mr. Dinklage seconded. Motion passed unanimously. Mr. Dinklage then moved to direct the City Manager to attempt to recover costs for removal of hazardous waste from the generator of the contamination. Mr. Condos seconded. Mr. Farrar explained that the State has said that if they find any hazardous waste in digging, the City has to pay for removal. In the vote which followed, the motion passed unanimously. 8. Recommendation on Consultant Engineering Services Contract for Design of the Recreation Path Mr. Dinklage moved the Council approve the design services contract with Pinkham Engineering in the amount of $28,436.00 for design of the recreation path. Mr. Condos seconded. Mr. Cimonetti noted Pinkham is being engaged for construction management as well and wanted the price to hold even if the schedule for RFP is met. In the vote which followed, the motion passed unanimously. 9. Schedule for future meetings Members agreed to meet on 9 July to hear the Airport Master Plan and to hold a joint meeting with Shelburne representatives on 14 August. 10. Review Zoning Agenda for 9 July No issues were raised. 11. Minutes of 11 June and 18 June Mr. Dinklage moved the Minutes of 11 and 18 June be approved as written. Mr. Condos seconded. Motion passed unanimously. 12. Sign Disbursement Orders Disbursement orders were signed. 13. Strategic Planning Mr. Cimonetti asked the Council to give thought to a prolonged meeting addressed to strategic planning for the city and to an assessment of current performance. He suggested half the meeting should be for the Council alone and half with key staff/commissions. Mr. Farrar said it would have to be an open meeting. Mr. Cimonetti had no problem with this. Mr. Hafter was very supportive of this. Executive Session Mr. Dinklage moved the Council adjourn and reconvene in Executive Session to discuss contract negotiations and Dorset Street litigation and resume regular session only to approve contract language and/or adjourn. Mr. Condos seconded. Motion passed unanimously. Regular Session The City Council returned to regular session. John Dinklage moved the approval of the City Hall Employees contract as presented by the City Manager. Jim Condos seconded. The motion passed unanimously. John Dinklage moved adjournment, Jim Condos seconded. The meeting adjourned at 11:00 PM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.