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HomeMy WebLinkAboutMinutes - City Council - 07/17/1995CITY COUNCIL 17 JULY 1995 The South Burlington City Council held a regular meeting on Monday, 17 July 1995 at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; Michael Flaherty, James Condos, Robert Chittenden, David Maclaughlin Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Bruce O'Neill, Recreation Dept; Lee Graham, Police Chief; Tom Fraga, Police Dept; Bill Burgess, Planning Commission; Albert Audette, Street Dept; Dick Underwood, City Assessor; Dennis Johnson, Randall Kay, Mac Teeson, Charles Brush, John Giebink, Eric Fleggenheimer, Gary Farrell, Terry Boyle, Peter Judge 1. Comments & Questions from the Public (not related to Agenda items): No issues were raised. 2. Announcements & City Manager's Report: a. Mr. Cimonetti announced a meeting of the MPO on Wednesday at 3 p.m. b. Mr. Maclaughlin announced that on 7 September the Channel 17 Advisory Board will be doing an information show of its own. Also, the Channel 17 anniversary party will be held of 13 September. c. Mr. Chittenden raised the question of possibly buying used fire equipment instead of new. He suggested equipment may be available with the many base closures. Mr. Maclaughlin reminded the Council that his motion had been for new pumpers, not used. He felt that changing from this could lead to a lack of confidence on the part of the community. Mr. Cimonetti said the discussion was out of order at this time and indicated that any purchase of equipment will receive full Council scrutiny. d. Mr. Hafter announced that on Tuesday, Evelyn Baily representing the E-911 system will meet with Chittenden County town managers. e. On Wednesday, 26 July, at 5 p.m., members are invited to tour the school construction that is now going on. f. Mr. Hafter noted the city is still looking for candidates for some committees including the new Reappraisal Committee. 3. Presentation of Proclamation for National Night Out; Consideration of Entertainment Permit for National Night Out: Mr. Condos explained that this is a nationwide event to develop crime prevention awareness and anti-crime programs. Chief Graham then said that on 1 August, six communities in the state will be participating. South Burlington's program is being developed by Tom Fraga, Bruce O'Neill, Chief Possich, and Sonny Audette. Officer Fraga outlined the events proposed including block parties organized by Neighborhood Watch captains, a "flashlight walk" to Dorset Park, DJ/music at the Park, a possible fireworks show, in addition to crime prevention activities. This will be a non-driving event to emphasize the need to make the community safe to walk in. Mr. Condos moved that the Council sign the National Night Out Proclamation which he read into the record. Mr. Maclaughlin seconded. Motion passed unanimously. Mr. Condos moved to approve the Entertainment Permit from Spectrum Productions in conjunction with National Night Out. Mr. Maclaughlin seconded. Motion passed unanimously. 4. City Manager's Contract: Mr. Cimonetti advised that in Executive Session, the Council agreed to extend the City Manager's contract. Mr. Flaherty moved to allow the City Council Chair to sign a contract extension for the City Manager for three years with the same percentage of increase as given to city employees this year. Mr. Maclaughlin seconded. Mr. Chittenden said he felt it should not be a 3-year contract as the City Manager should be accountable on a yearly basis. Mr. Flaherty said he voted for three years because the Council can terminate the contract for cause at any time. He felt Mr. Hafter had done a very good job. Mr. Condos said he agreed with Mr. Flaherty and felt the city Manager is accountable and has done a great job. In the vote that followed, the motion passed 4-1 with Mr. Chittenden opposing. Mr. Cimonetti said he would prepare a press release on this action tomorrow. 5. Continue interviews for Planning Commission and Zoning Board of Adjustment; Discuss Special meeting possibility to finish other interviews: a. Zoning Board: Dennis Johnson was interviewed. He indicated he has been in the city since 1965 and has been President of the JC's, a charter member of the Fire Dept, and a present member of the Zoning Board. Mr. Johnson felt the Board stayed within its guidelines and has tried to make a person's appearance in front of the Board a good experience. Mr. Cimonetti asked if Mr. Johnson felt there should be more interaction with the Council or Planning Commission. Mr. Johnson felt this could be unwieldy. He felt opinions from the Council should be made formally in writing, not by word of mouth. He indicated that where there have been issues with the Planning Commission, the Zoning Board has asked directly for their input. b. Planning Commission: Mac Teeson and Randall Kay were interviewed. Mr. Teeson said his experience on the Commission has been a learning experience. He felt the process works very well though there is some frustration with what the Commission can and can't do. He said the intent of the Commission is to serve the community and he felt it accomplishes this very well. He felt that he could continue to serve without hidden agendas. Mr. Kay is new in the community and is looking to contribute. He felt the city is pursuing a good path. Mr. Maclaughlin asked how the candidates feel about local vs. regional issues. Mr. Teeson felt the Commission followed the roadmap that was given (in the specific case) and that the developer followed guidelines. What happened at Act 250 where the project was found not to be in conjunction with the Comprehensive Plan, was frustrating. Mr. Teeson didn't feel Shelburne should have jurisdiction over what South Burlington has deemed adequate growth. Mr. Teeson said that one reason people want to live in South Burlington is that it has all the amenities. Commercial growth is important for this. He did not feel that growth in South Burlington is a need for concern. He felt growth should be encouraged in the City Center and in commercial areas already defined. Mr. Chittenden asked how much influence a surrounding community should have in South Burlington. Mr. Kay said he is just beginning to understand the process. On a very selfish basis, he said, they should have no influence. At the same time, he felt there should be a regional plan. Mr. Teeson felt that in the future the Regional Plan will be important as all communities have something to provide for the County. Mr. Condos said he felt one thing that was lost in the Southeast Quadrant discussion is that zoning there is designed to keep open as much space as possible, so clustering is important. He felt the Planning Commission did a good job in the case in point. Mr. Flaherty asked if Mr. Teeson felt there should be more support from City Council or staff. Mr. Teeson said specifically, no. He said people are often frustrated because they don't understand the limitations of the Commission's authority. He felt that if the Council wanted any changes, that was the time for discussion. Mr. Flaherty asked Mr. Kay why he specifically wanted to serve on the Planning Commission. Mr. Kay said that was his exposure due to his interest in the Economou property development plans. He would serve elsewhere if the Council wished. 6. Public Hearing on Amendment of Ordinance Regulating the Placement of Utility Lines within Public Road Rights of Way and Public Property; second reading: Mr. Cimonetti said the ordinance previously defined areas where utilities need to be undergrounded. The proposed change would free up part of Shelburne Rd. south of Imperial Drive from this stipulation. Mr. Chittenden asked what if the state disagreed. Mr. Cimonetti said the change is being made at the request of the state in order to do the road work. Mr. Chittenden moved to approve the amendment as written. Mr. Flaherty seconded. Motion passed unanimously. 7. Consideration of Submittal of "Fleggenheimer Street" Plans to Act 250 and Planning Commission: Mr. Hafter said they have been going through design on this and now have a final design. It has been reviewed by Mr. Fleggenheimer, the city, state, etc. The city will inform the state that the road will become a public street in 5-7 years. Mr. Hafter reminded the Council that there will have to be discussion on the funding of this project. The total project cost is estimated at $183,496, including the road. Mr. Condos asked if Mr. Fleggenheimer has offered to pay for the median break. Mr. Hafter said that discussion has not yet taken place. Mr. Cimonetti said he still wasn't sure a median break can be done. Mr. Flaherty moved to submit the project to the Planning Commission and, if approved there, to send it on to Act 250. Mr. Chittenden seconded. Mr. Maclaughlin noted that on 24 May the Commission had felt that the project had some public merit if it would benefit the City Center concept. The motion passed 4-1, with Mr. Condos opposing. 8. Discussion with Charles Brush, Dorset Land Company Over Funding Gap for Senior Center at the Pines Senior Living Community: Mr. Brush explained that they would contribute space in the project for a Senior Center. They got a block grant from the state for $200,000 of the $274,000 requested. He felt some of what they had requested they could do without, and are estimating a $50,000 shortfall ($35,000 in year one, $10,000 in year two, and $5,000 in year three). They expect occupancy of the development in November and a starting up of the Senior Center in early spring. Mr. Cimonetti noted the developer must satisfy the state that there is a plan to fund the balance in order to get the $200,000 grant by October. Mr. Brush said the plan must be submitted by mid-August. Mr. Cimonetti asked if there is any plan to raise the money privately. Mr. Brush said once they are operational, they can get United Way help. Mr. Cimonetti said three things would be helpful: a. an expression from South Burlington senior groups as to how they feel about this and what support they can give. b. a formal presentation to the Social Responsibility Committee c. a sorting of the calendar so the Council knows the impact on the current budget and on subsequent budgets. Mr. Condos felt that overall it was a great project and a great use for Dorset St. He felt it would be hard to find money in this year's budget which is already committed. Mr. Chittenden felt it was the right concept but he would want to consider it further. 9. Discussion of Abandonment of Planned Public Street right-of-way, 100 Dorset Street: Mr. Burgess said that on the official map there is a connector road that goes across 100 Dorset St. Mr. Judge has started on a plan, and one of the proposed buildings encroaches on that road. The city has to decide whether it wants the road. The Commission would have to deny the plan based on the road. The 120 day clock would then start for the city to have to condemn/buy the land. The Planning Commission doesn't feel the road is ultimately important to the city if the developer would maintain a private road connection to Mary Street, but the Commission needs to know the city's thoughts on this. Mr. Judge explained where the road is scheduled to go. He said he is willing to align the development so access goes through the development. He is willing to cooperate with the city and asked that the city be flexible. Mr. Boyle then showed a preliminary sketch plan with the privately maintained road connection to Mary Street. Mr. Farrell said there are a number of issues to work out. He felt the proposed plan was good for the rear of the Ramada so it can be on a street. He felt the plan could be good for the total area as it provides the access the city wants. Mr. Farrell noted he has a right-of-way over the Judge property to Corporate way and wants to access that. Mr. Burgess said he didn't feel the Planning Commission would disagree with moving the zone boundary. He felt there will be all kinds of traffic and access issues. Mr. Judge said the problem with the current plan for the road is that a city street requires a 60-foot right-of-way, and he couldn't build the buildings with that restriction. He said the development will be a very upscale environment, lending itself to a private road more than a public one. Mr. Condos felt this is what the city is looking for from the point of view of master planning. As a former member of the City Center Committee, he felt this was in tune with what the Committee wanted. Mr. Flaherty and Mr. Cimonetti felt the plan was OK. Messrs. Chittenden and Maclaughlin said they were not convinced. 10. Consideration of Approval of Agency of Transportation Enhancement Grant Application for Recreation Path Landscaping Improvements: Mr. O'Neill said this is the second year of the program. The plan is to get landscaping, benches, picnic tables, etc., on the Calkins property, in addition to benches and shade trees between the Calkins farm and Old Cross Rd. There would also be some trees on Dorset St. between Swift St. and the Brand Farm. Mr. O'Neill said they are seeking permission to go ahead with the application. The project would cost $5,000 with the city's share of $1,000 coming from donations in the Rec Path Donation Fund. The immediate need is to hire a horticulturist to do the preliminary work and draw the plan. A person has been recommended to them who would do the work for $600. Mr. Chittenden said he favored competitive bidding. Mr. O'Neill said there is no time. Mr. Flaherty noted this isn't tax money being spent. It was donated for these purposes. Mr. Condos moved to allow the Recreation Path Committee along with city staff to apply for the Enhancement Grant from the Agency of Transportation. Mr. Flaherty seconded. Mr. Audette noted not one cent has been put into landscaping on the path, and it is definitely needed. The motion passed unanimously. Mr. Cimonetti said the Council should have discussion on the remaining unpaved part of the bike path. Lindenwood will be paved this year, and it would make sense to do the work at the same time. He asked that this be on an agenda soon. 11. Update on Start of City-Wide Appraisal Program: Ms. Strait said that one stage will be done this year. Work has begun on automation of the records. There has been a G.I.S. consultant hired, and she felt they will meet the 4/15/96 deadline. Cards will be done by 6/1/96 when inspection of property is to begin. The Council has to determine how many properties to inspect. To inspect every property would take two years. Mr. Underwood said only about 3 companies in the state could do South Burlington. A full inspection of every property would cost about $390,000. Exterior inspection only would cost $270,000. Ms. Strait said the decision on this should be made in 3 or 4 months. Mr. Cimonetti asked that the Council be provided with advantages and disadvantages of each form. 12. Schedule Steering Committee Meeting: Members agreed to a Steering Committee meeting on 10 August, at 7:30 p.m. 13. Consideration of Renewal of Lease with State of Vermont for two Sections of State Owned Property for Alternate Transportation Paths: Mr. Flaherty moved that the two leases be renewed for property bordering I-189. Mr. Condos seconded. Motion passed unanimously. 14. Resolution on Individuals Acting on Behalf of the City: Mr. Hafter said there have been no changes from the first reading. Mr. Maclaughlin moved the Council approve the Resolution as written. Mr. Flaherty seconded. Motion passed unanimously. 15. Capital Refunding Note: Scott Air Packs: Mr. Hafter said funds for this are in the budget. Mr. Condos moved to approve the Capital Refunding Note and Resolution for the Scott Air Packs. Mr. Flaherty seconded. Motion passed unanimously. 16. Question of Special Meeting of City Council for Interviews for Appointments to Committees: Members agreed to meet for this purpose on 25 July, at 7:30 p.m. 17. Request from residents of East Terrace to Establish Residential Permit Parking: Mr. Hafter explained how this would work. Members wanted to hear from the neighbors who were not present. Such an action would have widespread ramifications. It was agreed to put the item on the 7 August agenda. Neighbors will be notified. 18. Liquor Control Board: Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. Mr. Chittenden stepped down during this discussion. Mr. Hafter presented a renewal of a First Class Beverage License for Quarry Hill Club, 360 Spear St. He said the application was in order. Mr. Condos moved to approve the First Class Beverage License for Quarry Hill Club as presented. Mr. Flaherty seconded. Motion passed unanimously. Executive Session: Mr. Flaherty moved the Board adjourn and reconvene as City Council in Executive Session to discuss appointments and possible litigation and to resume regular session only to make such appointments and/or adjourn. Mr. Condos seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Jim Condos moved the appointments of Bill Burgess to a four-year term on the Planning Commission and Mac Teeson to a three (3) year term on the Planning Commission. Bob Chittenden seconded. The motion passed unanimously. Jim Condos moved the appointments of Fred Blais to a three (3) year term on the Zoning Board, Dennis Johnson to a four (4) year term on the Zoning Board and Maureen O'Brien to a three (3) year term on the Zoning Board. Bob Chittenden seconded. The motion passed unanimously. Bob Chittenden moved adjournment. Mike Flaherty seconded. The motion passed unanimously. The meeting was adjourned at 11:20 PM. 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