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Minutes - City Council - 03/16/1992
CITY COUNCIL 16 MARCH 1992 The South Burlington City Council held a special meeting on Monday, 16 March 1992, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; John Dinklage, William Cimonetti, Robert Chittenden, James Condos Also Present: Charles Hafter, City Manager; Sid Poger, The Other Paper; Peg Strait, Asst. City Manager; Joe Weith, City Planner; Brian Searles, Police Dept; Albert Audette, Street Dept; Don Whitten, Don Duell, WPCD; Stephen Stitzel, City Attorney; Vail Leach, VT. Agency of Transportation; Craig Leiner, Regional Planning; Bill Emberly, Nile Duppstadt, Ed Schirmer, Vince Bolduc, John Jewett, Laura & Stephen DeMaroney, Charles Scott, Mike Sheridan, Lance Llewellyn 1. Comments & Questions from the Public (not related to Agenda Items): No issues were raised. 2. Discussion of Status of on-ramp for I-189 at Dorset Street/Kennedy Drive: Mr. Leach said the project is still in the transportation plan and he assumed that sometime in April the transportation bill will be written and passed. The definition of the project, however, is still not clear. The federal government is still demanding very high standards and expect any road built to last 20 years. There is a lot of projected traffic on this ramp (10,000 cars per day meshing with 30,000 on I-89), and safety must be assured. The project will be much more expensive than the $500,000 originally talked about. Mr. Flaherty asked if there is land available for a longer, more complex project. Mr. Leach said he wasn't sure. There may need to be some land acquisition. Mr. Leiner said he had met with the City Manager and City Planner to discuss what would have to be put together for Act 250. There would have to be a brand new application. They are beginning to investigate the right of way that is available. There may be some easements and right of way acquisition needed. Mr. Leiner said they could start working with Mr. Leach's office almost immediately. Mr. Flaherty asked when the project could be started. Mr. Leach said there is a lot of work to do before the project is turned over to engineering. The cost/benefit ratio must be proven to be at least 1. Mr. Cimonetti said the bill should be reported back to the House at the end of the week. Then it has to go to the Senate. He said there has been no identified opposition to the project. Mr. Dinklage reiterated the city's support for the project and asked that Mr. Leach and his staff work expeditiously on it. Mr. Leach noted that their planning department is not well staffed and that Mr. Leiner may have more staff available. He assured the city that the project won't gather dust with his people. Mr. Dinklage noted the MPO is trying to find ways to help the Agency move things along quickly and that if there is anything more they can do, the Agency should ask. 3. Consideration of Approval of Resolution containing Questions for the May ballot: a) Country Club Sewers: Mr. Dinklage moved to waive the reading of the ballot item. Mr. Chittenden seconded. Motion passed unanimously. Mr. Cimonetti moved to approve the resolution as presented. Mr. Condos seconded. Motion passed unanimously. b) Agreement with John Belter: Mr. Hafter noted this does not have to be on the ballot. Mr. Cimonetti moved to waive the reading. Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter explained there was $150,000 in excess costs in the system. This was to the benefit of John Belter and it will be repaid on the same basis as the Country Club Sewers. Mr. Dinklage moved to approve the resolution as presented. Mr. Condos seconded. Motion passed unanimously. c. Swift Estates: Mr. Cimonetti moved to waive reading of the Resolution. Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter explained that exact costs of assessments have been used. Costs will be divided over the remaining eight years of the assessment on tax bills. There is a reduction in what homeowners were previously paying. Mr. Chittenden moved to approve the Resolution as presented. Mr. Condos seconded. Motion passed unanimously. d. Land use in Southeast Quadrant: Mr. Dinklage moved to waive reading of the Resolution. Mr. Chittenden seconded. Motion passed unanimously. Mr. Flaherty read the ballot item. The City's plan is to send a copy of the item to all voters with a fact sheet and map of the Southeast Quadrant and an explanation of the rationale behind the plan. Pro and con statements will also be enclosed. It is hoped to have Channel 17 televise a debate on the issues. Mr. Cimonetti questioned the use of the word "approve." He wanted to make it sure this was an effort to gather opinion. He also felt the wording should refer to the Master Plan, not only the Zoning Ordinance. Mr. Dinklage felt the word "approximate" should be used when discussing a number. Mr. Jewett presented some possible alternate wording and felt it would be useful for the public to have a population projection based on the proposed numbers. He said he favored a single sentence for the ballot item. Mr. Bolduc suggested possible wording in the "whereas" section regarding scenic views. Mr. Scott felt the actual resolution wording should be very structured toward the question "Do you support..."? He also objected to the 4th "whereas." He felt it should state the current zoning regulations are illegal. Citizens should know the current zoning cannot be continued. Mr. Cimonetti said there is nothing to prevent the buildout under current zoning. Mr. Duppstadt said it is his opinion that current zoning is not illegal as it predates enabling legislation. He felt a single question item is not worth asking and presented a 45 question proposal. Mr. Cimonetti asked what the City is trying to accomplish by this. He said the variable of building number doesn't stand out from all the other issues. Mr. Dinklage said with a low density you can protect more views, natural areas, etc. With a high density that is much more difficult. He said the city is looking for guidance on the ultimate buildout potential. Ms. DeMaroney said she had no problem with the process. It is only the buildout number being questioned. Mr. Flaherty said he agreed with the question the City Manager has proposed. Mr. Jewett felt the first sentence predicts and does not inform. He felt it shouldn't do that. Mr. Bolduc asked if there is not a 50-50 residential/commercial split, and if there was more commercial development, would taxes go down. Mr. Dinklage said school taxes would go down. Mr. Cimonetti felt the city taxes would go up. Mr. Hafter will prepare the final wording for the April 6th meeting. 4. Consideration of policy on "Coin Crops": Mr. Flaherty noted the state allows coin drops but the city must administer them. Mr. Hafter said he didn't think the city could have a blanket refusal to permit them. He suggested that application for coin drops should go through the Police Dept. which would check on safety. Then they should come to the City Council. He also suggested compiling a list of safe intersections. Mr. Condos asked what happens if the city says an intersection is safe and there is an accident. Is the city liable. The City Attorney said the city could be used. Liability would depend on each case. By approving a location, the city does increase its liability. Mr. Dinklage moved to request the City Manager and staff to proceed along the lines of the police proposal of 11 March. Mr. Condos seconded. Mr. Cimonetti said the list should be a safe intersection, not the unsafe ones. Ed Schirmer, representing Disabled American Veterans said they are very concerned and want to be sure they can raise money safely for veterans and their families. He said a corner is only safe when it is handled safely. he said his group would like to provide information on what are safe coin drops. The motion then passed unanimously. 5. Presentation from Dubois-King on Facilities Planning Study for Bartlett Bay Waste Water Treatment Facility; Discussion of Status of Financing Alternatives: Mr. Emberly said the plant is approaching capacity. It serves a known growth corridor and capacity must thus be increased if growth is to continue. He then outlined the work done in the study. First am inflow infiltration study was done. Sewers were cleaned. Between midnight and 6 AM sewers were looked at for extraneous flow, attempting to quantify it. He noted the EPA has very strict guidelines on excessive and non-excessive extraneous flow. It is the opinion of the consultant that in South Burlington extraneous flow is not at a magnitude requiring rehabilitation of the system. The answer is to expel the Sewage Treatment Plant. Mr. Emberly then outlined current treatment procedure. The plant provides secondary treatment to required standards. The consultant proposes an updated system that would last for a minimum of 20, and possibly 30, years. It would include a new clarifier and a procedure to change the method of disinfecting from chemicals to ultra violet. Regarding East Weeds, the consultant noted that sewage goes into the Burlington system and that Burlington is increasing its rates. It is the consultant's opinion that for S. Burlington to handle this, would cost less (by as much as $5,000 per year). The savings would grow larger year by year. This could not be done without expanding the treatment plant. Regarding sludge management, the consultant favors a combination of land disposal and the Solid Waste Management District plan. Ultimately all of it should be phased into the Regional system. The total cost for proposed work would be about $4,000,000. Mr. Hafter reviewed the funding proposal noting that there is no funding by the state to continue qualifying for low interest state loans. He felt the actual cost would be $3,500,000 because of the East Woods savings. Increased hook-on fees could pay for half of the cost if fees went from $2.50 to $5.62. The remainder would come from increased sewer fees and property taxes. The average cost per homeowner would be about $43.20/year. With a 0% loan or 50% federal grant, hook-on fees could be $2.92 and there would be an average $21.96 cost to the homeowners. Mr. Emberly then outlined possible ways to get state financing (taking over funding from other projects that are not ready to go), but didn't feel the city could count on this. Mr. Emberly estimated 4 months for design time. He said there might be some easements required to rip rap the brook area, and land would be required for a pump station. Mr. Hafter outlined fifth option: he noted that what is really being considered is capacity. He explained the allocation system and noted there is a lot of permitted capacity that hasn't been built. He suggested the policy be amended to require that when a developer is given capacity, that capacity must be used within 6 months or there is a fee for it. Mr. Weith noted there is some capacity being held since the 1970's. Mr. Emberly noted there are a number of communities that have a "pay for capacity" system. The City council asked Mr. Hafter to research this. Mr. Dinklage felt design work should be done so the project could be done at an optimum time. Mr. Scott asked if there is anything that can be done to increase capacity without these projects. Mr. Emberly said not overall. Mr. Dinklage asked if the project could be done piecemeal. Mr. Emberly said the city could buy a few years but the plant is already at 90% capacity. Members agreed to hold off a decision until closer to the September ballot. 6. First Reading of Amendment to South Burlington Sewer Regulations Reference On-Site Sewer Systems: Mr. Flaherty noted this change is to comply with state standard. Mr. Dinklage moved to approve the first reading and to schedule the second reading for 4 May. Mr. Chittenden seconded. Motion passed unanimously. 7. Appointment of Town Service Officer, 1992-3: Mr. Condos moved to appoint Mr. Hafter as Town Service Officer for 1992-3. Mr. Dinklage seconded. Motion passed unanimously. 9. Planning Commission Agenda, 3/17/92: Mr. Flaherty noted that he and Mr. Hafter will be meeting with residents of Dorset Park on the same night to discuss their concerns with the proposed city park development. 10. Read Minutes of 17 February and 9 March: It was noted in the 2/17 meeting the speaker from Solid Waste District was Barbara Winters. Mr. Condos moved to approve the Minutes of 2/17 as amended and 3/9 as written. Mr. Dinklage seconded. Motion passed unanimously. Sign Disbursement Orders: Disbursement orders were signed. 12. Liquor Control Board: Mr. Condos moved the Council adjourn and reconvene as Liquor Control Board. Mr. Dinklage seconded. Motion passed unanimously. Mr. Hafter presented a request for a fund raiser catered by Sneakers at Merrills Cinema for 200 people on 30 March. Mr. Hafter noted this request was just received and he had some questions on it. Mr. Cimmonetti asked whether children will be present and expressed concern with an open bar if children are present. Mr. Dinklage moved to authorize the City Manager to approve the request if upon further investigation he finds it meets with his and the Police Chief's approval. Mr. Condos seconded. Motion passed 4-1, Mr. Cimonetti opposing. Executive Session: Mr. Chittenden moved the Board adjourn and reconvene as City Council in executive session to discuss pending litigation and to resume regular session only to adjourn. Mr. Dinklage seconded. Motion passed unanimously. Regular Session: Mr. Dinklage moved adjournment. Mr. Cimonetti seconded. The motion passed unanimously. The meeting adjourned at 12:15 AM. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.