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HomeMy WebLinkAboutMinutes - City Council - 01/09/1995CITY COUNCIL 9 JANUARY 1995 The South Burlington City Council held a regular meeting on Monday, 9 January 1995, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: William Cimonetti, Chair; Robert Chittenden, David MacLaughlin, James Condos, Michael Flaherty Also Present: Charles Hafter, City Manager; Albert Audette, Street Dept; Joe Weith, City Planner; Bruce Chattman, Marilyn Frederick, School District; Frank Murray, School Board; Catherine Debo, Frank Mazur, CCTA; Toby Dion, CCTV; Michael Munson, Bob Hest, Scott Harrington, David Kaufman, Phillip Linton, Bruce MacKechnie, Deborah Palmer, Jack Kane 2. Comments & Questions from the Audience (not related to agenda items): Mr. MacKechnie expressed interest in the condition of the sewer system and plans for improvement. He felt the Bartlett Bay System is not in good repair and should not be expanded until it is repaired. 2. Announcements and City Manager's Report: a) Mr. Condos announced a Solid Waste District budget work session on Wednesday. The budget this year will be more detailed and easier to read. It will be sent to communities in 2 weeks. b) Mr. Cimonetti said it is time to discuss city-wide reappraisal and asked the City Manager to put it on an upcoming agenda so procedures can be outlined to bring the city into compliance with state requirements. He added that the public needs to be informed of what will happen with regard to reappraisal. c) Mr. Hafter made the following announcements: 1. The next City Council meeting will be 23 January 2. The City Council retreat will be 16 January at the Sheraton. 3. The Citizens Civic Advisory Board on light rail study will meet on Wednesday from 7-9 p.m. at Trinity College; the Technical Advisory Committee will meet from 9-11 a.m. on Thursday d) Mr. Hafter then reported on the following: 1. The Solid Waste District got over 70 applications for the General Manager position. The public is invited to tour District facilities on 1/13 and 1/18 at 9 a.m. 2. Mr. Hafter gave members the final draft of the Exit 13 study and suggested a meeting to discuss it when members have had a chance to review the information. 3. CWD is holding a vote tomorrow on a $450,000 bond issue to try to do something about the zebra mussel problem and to get rid of chlorine being used in their plant. 4. The MPO has come to an agreement with the Agency of Transportation to set up a level of funding 3-month interim period while a study is being done. 5. The final design for "Fleggenheimer Street" has been received. It will have to be reviewed by City Council, Planning Commission and State and Federal transportation agencies. 6. A group of S. Burlington citizens has asked the Council to discuss the proposed commuter rail line from Charlotte to Burlington on 6 February. Secy. Garahan will be invited to attend. 7. There is a lot of support for renewal of an Amtrak route which would bring trains from Whitehall through Rutland to Burlington. The cost to go on to Montreal would be prohibitive. 8. The Bartlett Bay Sewer Plant is 25 years old. There are plans to expand it to 1.2 million gpd capacity. Mr. Hafter said it is one of the best plants around and he would be glad to go to the plant with Mr. MacKechnie to see what the neighborhood concerns are. Mr. MacKechnie said the aerator system for the sludge tank on the auxilliary system has motors that are over 20 years old and need replacing. New bearings are also needed as noise is bothering residents. There is also an odor problem. He felt the plant should be a better neighbor than it has been in the past 2 years. He is also concerned about capacity and new development. Mr. Cimonetti said that today the plant is operating below authorized capacity. The city hasn't given any building permits in excess of the plant's capacity. 3. Public Hearing: South Burlington Impact Fee Ordinance; second reading: Mr. Cimonetti reviewed the background of the item and noted this is a way to spread the cost of the city's infrastructure. The proposal under consideration has been drafted in accordance with Vermont statutes. Mr. Murray spoke in support of passage. He felt it was a fair and equitable way to spread costs brought about by development. He explained that noted the cost of education per child as a result of new development, including such expenses as new buses. The alternative to impact fees would be to raise the taxes of people already living in the community to pay for the new people. Mr. Kane questioned whether the proposed fees are enough. He had received a letter from Orchard School noting how many more children they had than had been expected. Mr. Murray said he felt the city was looking at a new school in 8-10 years at most. Mr. Munson said originally studies showed that 12 classrooms were needed in the 3 elementary schools. Enrollment projections are done year to year and long-term. Birth rates were down in the '70's and '80's. In the last few years, family sizes are going up, and enrollment has been above projections. Because of this, a higher trend line was used in developing impact fees. Mr. Condos gave members a handout indicating his reasons for support of impact fees. It said impact fees are about: fairness, stable property taxes, specific capital needs, knowing true upfront costs of development, good planning, keeping up with growth and encouraging growth and prosperity. Without impact fees, Mr. Condos felt current residents and businesses pick up more of the burden and property taxes may have to go up to pay for city improvements. Development may actually be stifled. Mr. Condos cited problems now being faced in Williston and Colchester where development is being threatened because of inadequate infrastructure to support it. Mr. Flaherty moved to close the Public Hearing. Mr. Condos seconded. Motion passed unanimously. Mr. Condos moved to approve the second reading of the Impact Fee Ordinance as presented by city staff and attached to a memo dated 6 January 1995. Mr. Flaherty seconded. Mr. Maclaughlin said he sees a reverse impact from what Mr. Condos outlined. Mr. Condos noted that in both Williston and Colchester they are talking of increasing impact fees and are looking for ways to slow development. Mr. Hafter noted that the only fee paid by commercial and industrial development is the one on roads. They do not pay the impact fee for recreation and for schools. Mr. Condos added that the regulations are very specific about what money collected can be spent for. It must be spent for those things within 6 years or be returned. In the vote that followed, the motion passed 3-2 with Messrs. Maclaughlin and Chittenden opposing. 4. Discussion of Draft Agreement Between City and Dorset Park Skating Association, Inc, for the Construction, Conveyance and Lease of a Skating Facility at Dorset Park, South Burlington: Mr. Hafter noted the Planning Commission has approved the facility and that homeowners in the area expressed support for it. A lease has been drawn up with the following terms: The Association will build the facility and turn it over to the city. The city will then lease it back to the Association at a rental of $1.00 per year for 30 years. The facility will always be city property. Entertainment uses at the facility will require an entertainment permit. Time will be reserved for public skating, figure skaing, etc, as well as hockey. Mr. Hafter said he felt the lease offered the city the protection it needs. Mr. Linton said the Association took a lot of pains to address the city's needs. He stressed that the facility must be open by next fall so construction must begin as soon as possible. They are now submitting permits to the state and feel they should have approvals by mid-March so construction can begin in mid-April. Provisions have been made so that city people can serve on the advisory board of the Association. Mr. Cimonetti asked what the city's responsibilities are during construction and after. Mr. Hafter said the city will construct the parking lot and extend existing parking. The city will do the grading; the association will do finishing work. The city will also oversee the project to be sure plans are followed. When the project is built, the city will plow the parking lots. Mr. Hafter said the lease needs to be reviewed a final time by the City Attorney. Mr. Maclaughlin and Mr. Chittenden felt the public should have a chance to vote on whether it wants the facility. Mr. Condos responded that it was a citizens group that came up with the design for the park which includes the skating facility. There have been 3 public airings of the proposal at the City Council and one at the Planning Commission. He felt the public has been well informed about the project. Mr. Cimonetti noted a city election would require a 30-day warning period. Mr. Flaherty said the Council has been looking for ways to save the public money. This is a facility given to the city free of charge. He felt the Council would not be serving the public to turn its back on such an offer. Mr. Kane said it would be crazy to turn it down and noted that delay could kill the project. Mr. Murray agreed and said in addition to providing public skating, the facility would build a sense of community. He also felt the City Council was elected to make these kinds of decisions. Mr. Chittenden said he doubted the reality of the alleged time constraints on the project. Mr. Linton explained that the main benefactor has a personal interest in the project which will not exist beyond the next skating season, so the time factor is very real. Mr. Cimonetti said the item will be on the next agenda when the lease will be voted on. 5. Presentation from South Burlington Recreation Path Committee: Mr. Bresee said the group has been reaching out to other communities for connections to their paths (especially Williston and Colchester). They want to press on with Phase 3 as soon as possible. Mr. Cimonetti asked if there has been any word on this from the A of T. Mr. Hafter said he hoped it could go to construction next summer. There are still lots of changes and it is very frustrating. Mr. Bresee said the high priority is to connect the north side of Williston Rd. into the path. They are also focusing on enhancing the path including tree planting, a picnic area on the Calkins land, etc. Mr. Bresee said it would be helpful to know of paving projects ahead of time as a minor change can often make a major difference. They would also like to know about grant programs. A continuing issue is Lindenwood Drive as the situation is not a desirable one. They are looking for a better way to get people across Shelburne Rd. Mr. Bresee stressed the safeness of the path and noted there has been almost no vandalism. It has also brought the community together. Mr. Cimonetti noted that 3 realtors have come to him indicating that prospective home buyers are asking to look at homes that are on the bike path. The question of unpaved sections of the path was raised. Mr. Cimonetti said he would like to see a time when a decision is made to pave it or relocate it. The Council will address this in the next budget. 6. Discussion of City of Burlington Proposal for CCTA Payment-In-Lieu-of-Taxes: Mr. Mazur explained the background of the item noting that CCTA wants to expand its facility. They were given approval by the Burlington Planning Commission but then the city of Burlington administration went to court to contest the approval. They asked ap CCTA to look at alternative sites. When an alternate site was found not to be suitable, Burlington asked for payment in lieu of taxes. Mr. Mazur asked if this is something S. Burlington would consider. Mr. Mazur noted they did a survey of 100 transit authorities of which only 1 provided payment in lieu of taxes. Mr. Mazur said if they don't agree to pay this, there will be legal costs, and Burlington will probably drag the issue out as long as possible to prevent construction. Mr. Chittenden asked what the new construction would be for. Mr. Mazur said they need space in order to add Williston and Colchester to the system and for the proposed light rail facility. The land in question is 4 acres. They currently have a 28,000 sq. ft. facility and would be adding 21,000 sq. ft. more. The City of Burlington is asking for $55,000., but Mr. Mazur felt this figure was negotiable. Mr. Cimonetti felt he was not opposed in principle but questioned why the full amount should be borne by the communities when the communities only provide 40% of CCTA's support. Mr. Mazur said he didn't know if federal and state bodies would provide such support. Mr. Cimonetti said he would like to see transportation taxes pay for transportation via federal and state money, not via the property tax. Ms. Debo noted CCTA has no promise from the state that they will pay any certain percentage of CCTA's expenses. Mr. Cimonetti recommended CCTA negotiate with Burlington and then divide up the amount agreed upon as any other budget item would be divided. Other members agreed. 7. Discussion of Proposed Light Rail Transit Alternative Routings in S. Burlington: Mr. Hafter asked that this item be delayed as George Khouri had asked to give input and he cannot be present tonight. Mr. Cimonetti noted that there are proposals to cross the Interstate at either the Staples site or on the Sheraton side. Mr. Cimonetti felt University Mall should have the opportunity to address this issue. He noted there is a question as to whether a trolley station is the highest and best use of this property and also how far east the trolley could go in South Burlington. Mr. Chittenden asked who determined a trolley is necessary. Mr. Chittenden said they are being forced to discuss routing before necessity is determined. Mr. Hafter said there is also a question of whether to allow wires about Dorset Street when the city went to so much trouble to get all wires underground. He noted there would be poles every 50 ft. for the trolley. 8. Discussion of New Municipal Enforcement Procedures; Recommendation on Appointment of Custodial Official, Treasurer, Issuing Officials and Appearing Officials: Mr. Hafter noted the city now has the ability to ticket for violation of municipal ordinances. The following people have been nominated: Custodial Official - Dick Ward Treasurer - Peg Picard Issuing Official and Appearing Officials - Dick Ward, Ray Belair, Charles Hafter and members of the Police Dept. Mr. Cimonetti said the city would have to determine which ordinances it wants to enforce in this way. Mr. Chittenden felt the Council should wait to appoint people until it had decided if it wants to enforce ordinances in this way. Mr. Cimonetti said he hoped the item could be discussed soon. 9. Consideration of Approval of Capital Equipment Refunding Note for Fire Department Radios: Mr. Chittenden moved to sign the note and resolution. Mr. Maclaughlin seconded. Motion passed unanimously. 10. Review Planning Commission Agenda for 10 January: No issues were raised. 11. Review Minutes of 19 December: Mr. Condos noted that on p. 4 in the motion, the word "about" should be "above." Mr. Flaherty moved to approve the Minutes of 19 December as amended. Mr. Condos seconded. Motion passed unanimously. 13. Sign Disbursement Orders Disbursement Orders were signed. As there was no further business to come before the Council, the meeting was adjourned at 10:45 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.