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HomeMy WebLinkAboutMinutes - City Council - 11/03/1997CITY COUNCIL 3 NOVEMBER 1997 The South Burlington City Council held a regular meeting on Monday, 3 November 1997, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, David Austin, Joan Britt Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Ray Belair, City Planner's Office; Michael O'Neil, Fire Chief; Stephen Stitzel, City Attorney; Anna Johnston, The Other Paper; Albert Audette, Highway Dept; Wes Eldred, Larry Kupferman, Brent Desranleau, Steve Crampton, Ron Schmucker, Peter Jacob, Jim Pease, Alex & Sandee Blair, Frank Mazur Executive Session: Mr. Condos moved the Council meet in Executive Session to discuss litigation. Mr. Austin seconded. Motion passed unanimously. Regular Session: 1. Comments & Questions from the Audience (not related to Agenda items): No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter reported the following: a. The Steering Committee will meet on 6 Nov., at 7:30 p.m. to continue discussion on Act 60. Kathleen Hoyt will be present to give the State's point of view. b. The Magic Hat grand opening will be held on 5 Nov. at 6 p.m. It will benefit National Night Out and the Family Center. c. The new Judge Co. building on Corporate Way will have its opening on 14 November. d. The city got word last week that one of the President's line item vetoes last week was the 3rd year of the Living Technology Plant. There will be a meeting Thursday with Legislators to try to get some financing for this. e. The Bartlett Bay project is moving along. The archeological study did not find anything of note. The project will go to bid on about 19 November. The pre-bid meeting will be 2 December, and bids will be due 14 December. f. VLCT now has a web site. Mr. Cimonetti advised that tomorrow at 6 p.m. in the well of the State House the oversight committee on Act 60 will be briefing legislators. 3. Discussion with Fire District #1 about request for city participation in cost of installation of fire protection line: Mr. Hafter reviewed the history of Fire District #1 which provides water service for Queen City Park. The District has been talking about updating the line. They will keep their own drinking water system and would run an 8" line from the CWD line for fire fighting. Mr. Eldred of the Fire District Prudential Committee said the water system has served them well through the years. It does not, however, meet requirements of the Safe Water Act. They are working with an engineer to address issues and are proceeding with loan funding. Pending litigation clouds the District's authority to pay for the project through taxation. Mr. Eldred suggested the possibility of the city authorizing a special tax district, if the need arises. He noted the city had lost the Fire District's Charter which is at the root of the litigation. Another problem is getting enough water to meet fire fighting needs. They cannot persuade the community to put in a full CWD system, but they will have a line to two hydrants in the middle of the district. Mr. Eldred saw this as the start of a CWD system. They are asking the city bear some of the cost of this line as it would have if it were a full CWD system. Regarding ownership of the line Mr. Eldred said, "Invest in it and you will own it." Mr. Cimonetti said it was not appropriate to discuss the Charter issue at this meeting. He stressed that what the city would like is a full and adequate drinking and fire fighting water system as in other districts of the city. The suggestion was that if such a system were installed in QCP, the city would propose to follow the same model as used in other such projects: the cost would be divided 50-50 between the neighborhood and all other users in South Burlington. QCP has rejected such an offer in the past, but the offer still holds. Mr. Eldred described this as an emotional issue. People feel the QCP water tastes better and they don't want to give it up. Mr. Kupferman explained that the proposal would include a meter box to meter water from CWD. Mr. Condos asked Chief O'Neil if what QCP is proposing makes sense. Chief O'Neil said that on paper the idea is correct. He would like to review it further before making a decision. Mr. Cimonetti said that in order to participate, the city would want to take ownership and get easements in all cases where necessary. He noted that this is not an easy matter for QCP or for the city. The city will be very reluctant to participate in a system that appears to have deficiencies in either drinking or fire fighting water systems. He also noted that South Burlington still has an independent Water Commission which acts separately with respect to water matters. Mr. Desranleau of CWD felt this was a reasonable approach. CWD would flush and maintain valves, etc. on a yearly basis. He saw it as an improvement over what is there now. Mr. Cimonetti asked if there is any chance the city could come into the project with a full system. Mr. Eldred didn't think the residents could be convinced to support such a plan. Mr. Cimonetti said it would be hard for him to vote for anything less than a full, optimal solution. Mr. Kupferman stressed that they would comply with the latest changes in the Safe Water Act. Mr. Cimonetti summed up by saying there are lots of questions. The Fire Chief must review this and there must be full review by the Water Department. Public Works will have to look at the impact on streets, etc. After these issues have been addressed, the Council could then begin to set forth the city's position. Members agreed. 4. Further discussion of MBL Associates request for city establishment of an impact fee to reimburse MLB Associates for cost of water line extension: Mr. Cimonetti noted that Water Commissioners had been asked to be present. They are still the ones with jurisdiction in this matter. He then asked how the line in question is connected to CWD and what the connection is with the EZP (golf course) property. Mr. Desranleau showed all the water lines associated with EZP and the existing tank site. The South Burlington line used to end there. EZP extended the line to enter their pump station next to the clubhouse (this is a fully pumped system), then throughout the project into the residential areas. A booster station was incorporated to feed the higher areas with adequate pressure. There is a gravity feed from the pump station down Dorset St. to the MBL project. CWD is currently energizing that line. They will then test it in a few days. The MBL project sits in an area of lower elevation and can be fed from a gravity system. A 20" line was used from the pump station to be sure it was adequate. Mr. Cimonetti asked if anyone has tapped into the line yet. Mr. Desranleau said no. The golf course is being watered with well water. Mr. Cimonetti then asked Mr. Crampton what legal arrangements MBL had with the people who put in the 20" line. Mr. Crampton replied that they are discussing that with EZP. Mr. Hafter noted the city got a letter from EZP saying some people would like to use their pressurized system and they would like a way to work that out. Mr. Crampton noted that MBL needs no pressure. If the golf course were being built alone, they would require the line to be extended the full frontage to the end of their property. MBL is asking the city to recognize that installing the line down Dorset St. should be reimbursed to MBL by people who want to hook on. Mr. Cimonetti asked if MBL believes someone else should have built that line. Mr. Crampton said yes. Mr. Cimonetti then asked why MBL built it. Mr. Crampton replied that it was built to serve the MBL project. Mr. Cimonetti asked why EZP should pay to serve the MBL project. He felt that was illogical. Mr. Condos asked if MBL has brought the line down Dorset St. for the full frontage of their property. Mr. Crampton said no as there are no more city properties that would benefit in S. Burlington. Mr. Condos asked if that was approved by the Water Department. Mr. Crampton said they are working on that now. Mr. Cimonetti noted that if the water line is ever to be used, the city will have to accept it. MBL has made that very difficult, he added. The development between MBL and the water tank is held up right now, and the city can't sell water to MBL without having to go through EZP. Mr. Desranleau noted there is a memo of understanding that the 20" line would become the city's property. Mr. Cimonetti said the city doesn't know all the conditions of that and won't take title until it does. Mr. Austin asked when MBL needs water. Mr. Crampton said hopefully by the end of the year. He then showed the route of the water line through the MBL property. He also showed a 4" line that will go from the main line to serve 5 lots. Mr. Cimonetti asked why that isn't going along the frontage. Mr. Desranleau said it was more cost effective for MBL. Mr. Cimonetti noted it is the city's position to have lines on the frontage in the city's right-of-way, not behind lots. Mr. Condos asked if MBL got a frontage contract from CWD. Mr. Crampton said they did not. Mr. Cimonetti noted that MBL is asking the city to reinstall a policy that the Court has said is illegal. Mr. Crampton said that is why they are asking for an impact fee. Mr. Cimonetti said that what they are asking for is the benefit of something that is illegal. Mr. Schmucker said he has a piece of property on Dorset St. about 40 ft. from the water line. He did not think he should have to fund the MBL project. He currently gets water from an antique line and would like to hook up to this line. He asked the city to reject the MBL request noting that MBL put in a line for their needs and had no cost above that. He suggested there should be a "hook-up fee" not an impact fee. Another resident noted that they had had a perfectly good well water system and because of all the blasting for EZP, they no longer have drinking water. He felt it would be a slap in the face to be charged for hooking on to the line. Mr. Blair added that they have put up with dust, blasting, etc., and that was enough of a cost. He felt they should be paid for the time they went without water. Mr. Schmucker felt the "impact" was on them with added traffic, etc. He added that the impacts talked about in the statutes are those by a developer on the community. Mr. Cimonetti said the city doesn't have an answer to remedy the problems described but stressed there will be no water in the line until the city gets title to it. Mr. Jacob of the Water Commission said the policy is that as soon as the water line has been purified and tested, it is turned over to the city. There is no water in the line until the city takes title. Mr. Cimonetti said the city will have to be sure that what is discussed will be same treatment for both developers. 5. Public Hearing and Council endorsement of city grant applications for 1998 AOT Enhancement Activities Grant Program: Mr. Hafter said one of the grants the city is applying for is for construction of a stormwater treatment pond near Shelburne Rd. Mr. Pease said the state found high levels of contamination in the area, probably from automotive uses. The highest level of hydrocarbons in any watershed are located here. They also found other contaminants such as zinc and pesticides. Hydrocarbons are 30-50 times higher above Shelburne Rd. than below. The Natural Resources Commission felt something should be done here. Mr. Pease felt there is a chance to get funding for the retention pond. They would prefer to locate it on the Shearer and Reyes properties. It would treat part of the drainage. Two ponds would be needed to treat it all. Some sediments would be trapped and phosphates and metals would be reduced by 60- 80%. The cost would be about $100,000. Mr. Pease then showed the path of the drainage. He noted the stream might have to be relocated. Mr. Cimonetti asked why the water can't be run through the treatment plant. Mr. Pease said there is too much. Mr. Audette asked about the cost to maintain the pond since it has to be cleaned to be effective. Mr. Pease suggested a zoning overlay with an impact fee. Mr. Audette noted the state doesn't put in such ponds because they don't want to maintain them. They also can't dispose of some of the pollutants easily. Ms. Britt noted the pond at the Overlook at Spear hasn't been maintained. Mr. Cimonetti asked if the grant could include a figure for maintenance. Mr. Pease said they would look into that. With regard to impact fees, Mr. Belair noted that the only fee the city imposes is for Wagner & Noyes to plug a project into their system to see the impact. Mr. Cimonetti asked if the land would be devalued. Mr. Pease said they won't be creating wetlands but will be creating habitat. Mr. Cimonetti noted the land could be developed today and wouldn't be able to be in the future, albeit for a cause. Mr. Pease said they will not be enlarging the CO District. Mr. Condos noted this could also enhance property values. Mr. Hafter said the second project the city is applying for is for kiosks and a sign plan for Dorset St. Mr. Austin felt the stormwater project was more important. Members agreed. Mr. Austin moved to support the applications for both projects with the stormwater project taking precedence. Mr. Condos seconded. Motion passed unanimously. 6. Adoption of motion designating 22 November as Holiday Season Kick-Off Day in South Burlington: Mr. Condos read the following motion: During the weekend of November 22-23, 1997, several seasonal events will occur in South Burlington to herald the upcoming holiday season. The Vermont Handcrafters show will be held in the Sheraton Conference Center; the Children's Miracle Network will hold an event at the Ramada, and University Mall will begin their Holiday promotion. In recognition of these events, I move the City Council designate November 22, 1997 as Holiday Season Kick-Off Day in South Burlington. Mr. Austin seconded the motion which was then passed unanimously. 7. Continued discussion of renaming Corporate Way: Mr. Hafter said a brainstorming for names resulted in the following possibilities: Market Street, Merchants Row, Centerway, The Exchange. Mr. Cimonetti said Ms. Lambert of the Church Street Market Place expressed concern about calling it The Market Place. Other names were OK. Members agreed to make a final decision by the new year. A preference for either Market Street or Main Street was agreed upon. 8. Consideration of Resolutions from Coalition of Municipalities: Mr. Hafter noted the Coalition intends to file suit on 6 November. He then read resolutions proposed by the Coalition. Members felt they were not ready to take the step of approving the resolutions and suggested bringing them to the Steering Committee for an opinion. 9. Consideration of Parking Ordinances: Mr. Cimonetti said it was brought to his attention that the recent no parking zones might interfere with some seasonal businesses (Xmas trees, for example). He suggested staff look into some temporary changes. Mr. Condos said no parking zones are usually created for health and safety reasons and he was not sure he would be comfortable making temporary changes. Mr. Audette noted that as soon as you start one, there will be pressure for more and more. 9. Information on Steering Committee Meeting, 6 November: Mr. Hafter noted that Mr. Garahan is trying to get Art Wolf of the Vt. Business Roundtable to attend. 10. Review Zoning Notice for 10 November Meeting: Ms. Britt expressed concern with item #5 noting that a lot of work went into creating that zone and she would hate to see any variances. Mr. Hafter suggested the zone be modified before a variance is issued. 11. Review Minutes of 6 October and 20 October 1997: Mr. Condos moved the Minutes of 6 October be approved as written. Mr. Austin seconded. Motion passed 3-0 with Mr. Cimonetti abstaining. Mr. Condos moved the Minutes of 20 October be approved as written. Ms. Britt seconded. Motion passed 3-0 with Mr. Austin abstaining. 12. Sign Disbursement orders: Disbursement Orders were signed. 13. Liquor Control Board: Ms. Britt moved the Council adjourn and reconvene as Liquor Control Board. Mr. Condos seconded. Motion passed unanimously. Mr. Hafter presented second class license application from Magic Hat Brewery and Performing Arts Center, Inc. He said the application is in order. Mr. Condos moved to approve the second class liquor license for Magic Hat Brewery and Performing Arts Center, Inc., as presented. Ms. Britt seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 11:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.