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HomeMy WebLinkAboutMinutes - City Council - 01/05/1998CITY COUNCIL 5 JANUARY 1998 The South Burlington City Council held a regular meeting on Monday, 5 January 1998, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: James Condos, Acting Chair; David Austin, Joan Britt, Terrence Sheahan. Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Margaret Picard, City Clerk/Treasurer; Anna Johnston, The Other Paper; Albert Audette, Highway Dept; Richard Ward, Zoning Administrator; Lee Graham, Police Chief; Bob Fletcher, City Attorney's Office; Jennifer Ely, Chris Cavin, Steve Crampton, Bruce Hoar. 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. Channel 17 will rebroadcast this meeting on Thursday at 7:30 p.m. and three times on Friday. b. The Steering Committee will meet on 22 January, at 7:30 p.m. c. City staff will be working with Mike Munson to update the capital plan. Staff is also working on the budget. A Grand List estimate will be available for the Steering Committee meeting. d. Chief Graham reported on the recent rape case in South Burlington. Ten investigators are working on the investigation, and over 100 tips have been received. An investigator was flown to Washington last Friday to deliver information to the FBI who will be doing lab work and a psychological profile. It does not appear that any of the known offenders were involved in this crime. Chief Graham asked citizens to keep an eye out for anything unusual that they feel should be reported. e. Mr. Audette advised that they filmed the Laurel Hill sewer with a color camera to get a handle on the problem. Tree roots were observed. They have decided to clean the line weekly and will clean the service that has the problem. There is plenty of flow and no problem with the line. Mr. Audette cited the cooperation between communities on this and other issues. 3. Public Hearing on Ordinance Regarding Street Naming and Street Addressing; second reading of same: Mr. Hafter advised that there are inconsistencies in the regulations, and the state has now agreed that corner lots can be assigned a house number based on the frontage of the front entrance of the house. Members felt that their concerns had been addressed. Public comment was then solicited. None was forthcoming. Mr. Sheahan moved to close the public hearing. Mr. Austin seconded. Motion passed unanimously. Ms. Britt moved to adopt the ordinance regarding street naming and street addressing. Mr. Sheahan seconded. Motion passed unanimously. 4. Presentation from Winooski Valley Park District: Ms. Ely and Ms. Cavin reported that this is another example of communities working together. Ms. Ely then highlighted the District's activities for the year: . . . they have worked to acquire the last piece of property for a park in the Colchester Pond Natural Area. A lot of fund raising had to be done because federal funding has been reduced. . . . Another piece of the bike path through the Intervale to the waterfront has been constructed. . . . The annual conservation field day was held with over 300 young people attending. . . . The "trail stewards" program has been continued with area residents helping to maintain parks. A wildlife monitoring program has also been started as well as nature walks with a local naturalist and a kayak program. 5. First reading of amendment to South Burlington Impact Fee Ordinance; schedule public hearing of same: Mr. Hafter reviewed changes made since the last meeting. There is still a question of whether the last 4 lots on Dorset St. will be included. There has been an agreement on a 5% increase to the impact fee on a yearly basis. Mr. Austin questioned the necessity of including how the impact fee is calculated in the Ordinance. He suggested having the City Attorney review this. Mr. Crampton felt the amount was fair but didn't feel it was correct that the hook-on fee should be paid on such a delayed basis. Mr. Austin moved to approve the first reading and schedule a public hearing for 2 February. Ms. Britt seconded. Motion passed unanimously. 6. Continued hearing on appeal of assessment of impact fees by Zoning Administrator on Pinnacle at Spear project pursuant to Section 9 of the South Burlington Impact Fee Ordinance: Mr. Crampton said they don't believe you can pass an ordinance which imposes fees retroactively. He also said that even if it was intended to apply the fee retroactively, the amendment later passed grandfathers projects that were already approved. And even if there is now an interpretation which tries to apply the Ordinance to previously approved projects, this is undermined by the way the Ordinance was interpreted and applied for two years. Mr. Condos noted Condition #5 of the approval motion of the project which said that applicant would pay the difference between the recommended impact fee and the $300 credit. Mr. Austin felt the intent was that the $300 credit would be used against the fee in effect at the time the building permit was obtained. Mr. Sheahan said that was also his recollection. Mr. Crampton replied that it was their contention that the amendment then exempted these projects. Mr. Sheahan moved to close the appeal hearing. Mr. Austin seconded. Motion passed unanimously. Mr. Condos advised that the Council would deliberate the matter in Executive Session. 7. Scheduling of Joint Meeting with Planning Commission to Receive Presentation of Central District 3 Zoning Review Committee: Members agreed to hold the meeting as part of the 19 January City Council meeting. 8. Consideration of approval of expansion of Chittenden County MPO Jurisdiction and amendments to CCMPO by-laws: Mr. Hafter explained that when the MPO split from Regional Planning, they decided that the Rural Planning Organization could be incorporated into the MPO. They have been working on by-laws to accomplish that. The major issue was on voting and whether very small towns would have the same one vote as larger cities. It was eventually decided to have weighted voting as follows: 13 of 25 votes are needed to pass an item. In addition, 10 of the 18 member communities must also approve the item. A hearing is scheduled for 28 January at 7:30 p.m. Ms. Britt moved to approve the amendments to the Chittenden County MPO by-laws. Mr. Sheahan seconded. Motion passed unanimously. 9. Consideration of Acceptance of Fayette Road 400 feet northerly of Olde Orchard Park entrance as a public street: Mr. Audette said the road becomes private beyond this piece. Mr. Condos noted there is still a problem with parking from the entrance to McDonalds to the movie theatre. Mr. Audette said now that it will be a city street, the "no parking" signs can be enforced. Mr. Austin moved to accept Fayette Rd. from 400 ft. north old Orchard Park entrance as a public street. Mr. Sheahan seconded. Motion passed unanimously. 10. Discussion of Vermont League of Cities and Towns Special Meeting to Consider Recommendations on Changes to Act 60; appointment of voting delegate to special meeting, 6 January 1998: Mr. Hafter said they are already seeing an impact in South Burlington from Act 60. GBIC is not getting the contacts it got last year as there are no local incentives to encourage businesses to locate in South Burlington or in Vermont. Mr. Austin said there is a question of whether the city would want the businesses if they get no benefit and still have the cost of the infrastructure needed to support the development. Mr. Condos added there is also an incentive for some small businesses to move to other communities with less impact from Act 60. Mr. Hafter said the League's proposal includes the following concepts: . . . re-establishing tax stabilization as a local incentive . . . having towns retail 50% of school property taxes generated by new non-residential construction for 10 years after construction to be used for non- educational infrastructure improvements . . . restoring tax incremental financing . . . having all municipal property exempt from state property taxes . . . having host towns retain 70% of local option taxes collected . . . having payments in lieu of taxes fully funded from general fund taxes not from state property taxation Ms. Britt asked what the next step would be. Mr. Hafter said the city would work with Legislators to introduce amendments to the Act. Members agreed by consensus to have Mr. Hafter serve as voting delegate to the meeting. 11. Review Zoning Notice for 12 January 1998: No issues were raised. 12. Review Minutes of 15 December 1997: Ms. Britt moved to approve the Minutes of 15 December as written. Mr. Sheahan seconded. Motion passed unanimously. 13. Sign Disbursement Orders: Disbursement Orders were signed. 14. Executive Session: Mr. Austin moved the Council adjourn and reconvene in Executive Session to discuss potential litigation and personnel matters and to deliberate on the impact fee appeal and to resume regular session on to make a finding on the personnel matter and impact fee appeal and/or adjourn. Ms. Britt seconded. Motion passed unanimously. Regular Session: The Council reconvened in regular session. Ms. Britt moved adjournment. Mr. Austin seconded. The motion passed unanimously. The meeting adjourned at 10:05 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.