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HomeMy WebLinkAboutMinutes - City Council - 11/09/1998CITY COUNCIL 9 NOVEMBER 1998 The South Burlington City Council held a regular meeting on Monday, 9 November 1998, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; Terrance Sheahan, James Condos, Joan Britt Also Present: Charles Hafter, City Manager; Peter Bestenbostel, Assistant City Manager; Sonny Audette, Street Dept; Joe Weith, Director of Planning & Zoning; Anna Johnston, The Other Paper; Anne Geggis, Free Press; Paul Toomey, John Caulo, Frank Mazur, Frank Cioffi, Vince Bolduc, Robert Siegel, John Kimball, Steve Crampton 1. Comments & Questions from the Audience (not related to items on the Agenda): Mr. Kimball addressed the Council on the traffic situation at Swift & Farrell Streets. He said the situation was dangerous and needs attention. Specifically, he noted that people cannot exit the Vermont Gas parking lot at 5 p.m., crosswalks are not adequate for pedestrian traffic, and there is a lot of speeding in the area. He described it as "a Shelburne Road by-pass" and said that before there is any more development in the area, the Planning Commission should take a closer look and consider whether Farrell Street should be an open street. Mr. Kimball noted that with the proposed new IDX expansion, the situation will only get worse. In the short term, Mr. Kimball suggested looking at pedestrian crossings. Now you can only go from the Gas Co. to the Corrections building. Then there's no crosswalk. He also suggested more of a police presence in the area. In the long term, Mr. Kimball recommended evaluating what the traffic actually is and what controls are needed. He suggested the possibility of a light that might be red/green for several hours a day during peak traffic, and then blinking the rest of the day. Mr. Sheahan asked if there have been recent traffic counts. Mr. Weith said not for 3 or 4 years. Mr. Audette said you can't have a crosswalk where there is no sidewalk on the other side. Mr. Kimball noted that much of what has developed there is brand new and something should have been done to address the problems when those buildings went in. He said that Vermont Gas would have been willing to cooperate. Mr. Hafter said that there is a plan that when the bike path goes in, there will be a sidewalk. Mr. Cimonetti asked if there is a possibility of closing any curb cuts. Mr. Kimball said he didn't know. He added that Vermont Gas contributed property during the Morrissey development. He said the problem he sees is the retail businesses and suggested that at some time it may be possible to have people walk to them on the interior of the PUD. The property above Vermont Gas will be connected to them, so there will be some internal flow. b. Mr. Mazur shared with the Council an informal survey he did while campaigning. He said the study showed a strong commitment to education in South Burlington but also a strong feeling for school choice. 70% of people would not be willing to pay more for electricity with restructuring. There is also frustration over drug and alcohol use by young people. 2. Announcements and City Manager's Report: a. Ms. Britt advised that Channel 17 is trying to expand its programming and there has been talk of a live program once a month. She asked for ideas from the public. b. Mr. Cimonetti said that he got a letter from Molly Lambert announcing that the city has been awarded up to $40,000 in planning funds for the Lake Champlain Housing Project on Williston Rd. that was discussed at the City Council a few months ago. c. Mr. Hafter reported on the following: 1. The next City Council meeting will be on 16 November, 7:30 p.m. 2. The Steering Committee will meet on 3 December, 7:30 p.m. 3. The City has also been awarded a $4,000 planning grant to design a canopy system for the City Center. 4. Reports have been received from 2 insurance companies studying the golf course rec path situation. 5. Mr. Hafter read a letter from Carol Chase regarding a presentation she attended on pesticides. She proposes a ban on pesticides in the city. Mr. Hafter suggested forwarding the letter to the Natural Resources Committee which is already looking into the issue. The Council agreed. 6. CCTA received the first part of a study done on a service concept. Mr. Hafter feels it is disappointing. He is on a committee that will be discussing it. 7. The old Fire Dept. tower truck was sold today for $31,500. The Fire Dept. would like to discuss uses for these funds. d. Mr. Cimonetti noted that the Board of Civil Authority will be meeting tomorrow on tax appeals. All appeals have been heard and acted upon and final reports will be made at tomorrow's meeting. This ends the city's responsibility on appeals. Mr. Cimonetti complimented the appraisers, noting there were far fewer appeals than other communities have had with reappraisal. 3. Consideration of approval of Application for Relocation of Education Fund Reserve to Vermont Economic Progress Council: Mr. Cimonetti explained that there is a request that the state rebate to the city a portion of the education property tax on construction proposed but not yet constructed at IDX. Mr. Hafter said that as part of the technical corrections bill to Act 60 (Act 71), there were actions taken to offset some negative results of Act 60. The one incentive that includes South Burlington is the possibility of letting the city recapture the $1.10 that goes to the state and to use that money for infrastructure to support new development. There would be no cost to the city to do this. This is the request that IDX is making. Frank Cioffi, President of GBIC, gave members copies of the site plan and the Vermont Guide to Economic Advancement Tax Incentives. He reviewed the history of the request. Since Act 60 can be seen as an impediment to encouraging economic developing and providing infrastructure to support that development, the proposal was made to the Joint Oversight Committee to allow for incentives to offset negative impact. Mr. Cioffi then showed the proposed IDX expansion plan. This is a $27 million investment plus $10 million in new machinery and equipment. It is estimated that over 5 years the expansion will result in 1,000 new jobs. As part of the project, IDX wants to build a parking structure for 600 vehicles. The Shelburne Rd. curb cut to the property would be closed, and there would be new accesses on IDX Drive and Green Mountain Drive. The cost of the parking structure is estimated at $4,500,000. Mr. Cioffi then explained how the incentives would work. The municipality is allowed to file an application to ask that the property tax on the new facility be returned to the city for 10 years to assist in the development of infrastructure. IDX is asking that when the money is returned to the city it be given back to IDX to pay for the parking structure. Mr. Cimonetti asked if the action would be specifically on the amounts in the application or if there is a process to adjust the numbers if taxes are more or less. Mr. Cioffi said they did their best to estimate the Grand List value. The numbers would be locked in as far as he knows. Mr. Cimonetti also noted that IDX has yet to go through the planning process and asked if there could be changes or updates. Mr. Cioffi said no. Mr. Cimonetti then asked if the city has any obligations. Mr. Cioffi said they only have to make the application and then forward the returned money to IDX. Mr. Cimonetti asked if there is any obligation to pay anything the state does not give back. Mr. Cioffi said no. Mr. Hafter noted this would have no impact on the city's tax rate. Mr. Condos then moved to approve the submission of the application for reallocation of education fund reserve dated 5 November 1998, as submitted. Ms. Britt seconded. Motion passed unanimously. Ms. Johnston asked if this dips into money that should go to the education of students. Mr. Cioffi said it touches none of what is built now. Mr. Hafter added that the state will send the city the same amount per student with or without this development. Mr. Condos said that the overall impact of this project will generate much more than the $1.10 (sales tax, income tax, etc.). 4. Request for City Involvement in MBL Associates request for Amendment to Act 250 Permit for Dorset Farms Project; Mr. Hafter said that the Dorset Farms project needed permits at both the local and Act 250 level. MBL did tell the city the project would be for "affordable" housing. There is no condition in the city's permit that requires this but there is a condition in the Act 250 permit that requires 60 units to remain affordable. The applicant is asking to have that stipulation removed. Mr. Cimonetti added that the request being made is for the city to officially involve itself in this process. Mr. Bolduc noted that at the Planning Commission the applicant stated that the affordable units would conform to the Regional Planning definition of affordability. He felt that what they are asking is a profound change. He also noted that Planning Commission members said they didn't like the project but voted for it because of the affordability component. Mr. Crampton, representing MBL, said he believed the affordability issue arose only at the Act 250 hearings and not at the city hearings. There is nothing in any city permits regarding affordability. He felt it was erroneous that the city relied on this to be an affordable project. Mr. Cimonetti asked why MBL wants the affordability stipulation removed. Mr. Crampton reviewed the history of the project and noted that even with the affordability component some neighbors still opposed the plan. He noted that the Environmental Board said the project conforms to the Regional Plan and qualified as being in the greater public good based on affordable housing. Mr. Cimonetti asked again why the applicant wants the stipulation removed. Mr. Crampton said because of the amount of time the project took and because the cost of the project no longer makes it attractive to be a public subsidized project. Mr. Bolduc read from Mr. Milot's testimony at the Act 250 hearings on why the city has a "moral and humanitarian commitment" to provide affordable housing. He said the project would not have happened without that commitment. He also noted that the city's Comprehensive Plan says the city needs to provide affordable housing. Mr. Condos asked if the project was built according to the city's approval. Mr. Weith said it was. Mr. Condos then asked if the homes being built meet the affordable housing criteria. Mr. Crampton said they do. Mr. Bolduc said that isn't true and that some homes are selling from $190,000 and that's well over the limit. Mr. Cimonetti noted there were statements made in the Burlington Free Press that a development in Burlington was having its affordability requirement met by the Dorset Park project in South Burlington. Mr. Crampton said he didn't think that was true. Ms. Britt said she had a problem with this as she feels the city has a moral obligation to provide affordable housing. Mr. Cimonetti said the city can take an active or passive role in this. He suggested the city participate in the appeal process to represent the position taken by the Planning Commission and to provide the information it had in order to make its decision. Mr. Bolduc noted that if the change is accepted, there will no longer be a monitoring capability. MBL could buy a house one week and sell it for twice that amount the next week. Mr. Crampton said it was his understanding that a decision had been reached and the Board was just waiting to see if there were any requests to open a hearing. Mr. Bolduc said he intended to make such a request and would notify the Board by the 17 November deadline. Mr. Sheahan moved the city participate in any hearings that occur on this matter. Ms. Britt seconded. Motion passed. 5. Discussion on proposal from National Gardening Association for use of the Calkins House and adjacent property for development of corporate headquarters and Vermont Botanical Garden/Learning Center: Mr. Miller said that National Gardening would move into an expanded building and provide gardens around the building. On a further level, they could have the possibility of research projects with UVM, greenhouses for kids to grow plants throughout the winter, etc. Ms. Clift asked if this would make the woods more accessible. Mr. Cimonetti said the project doesn't change the city's plans for the park. The city has been looking for a use for the Calkins building, and its use might aid the city's park development plans. The Council authorized the City Manager to send a letter of support to National Gardening so it can be presented at a gathering at the Calkins house on Monday. 6. Discussion of Community Meeting on Recreation Facilities and Future Process toward Implementation: Mr. Hafter asked the Council to appoint a committee to serve under Bruce O'Neill to work on conceptual plans. This would then proceed to a formal process with the hope for a bond vote in 1999. He suggested a 7-9 member committee. Members felt it was OK for the City Manager to seek committee members. 7. First reading of proposed amendments to the Zoning Ordinance; schedule public hearing; revision of official map, public parking facilities as conditional use, off-site parking, abandoned structures, technical review provision, fence permits, residential height requirements: Mr. Weith explained the proposed amendments: The zoning change would result in property now designated at Airport District being changed to Airport Industrial District. Mr. Weith said that part of a building is being used as a general office which is not allowed in the Airport District. Public parking facilities would be allowed in C-1, C-2 and Mixed I-C Districts. This could provide an opportunity for two adjoining parcels to enter into an agreement and thus not tear up so much land. The off-site parking amendment would allow the Planning Commission to approve required parking in an off-site location. The off-site location must be within 800 ft. of the use. The addition of a section on abandoned structures would require that these be removed within six months of destruction/abandonment. The amendment on fences requires that a zoning permit be obtained before a fence is installed. Technical Review would allow the Planning Commission or Zoning Board to request an applicant to pay reasonable costs for a technical review of an application. This is now allowed by State law. The residential heights amendment would clarify provisions affecting fourth story vertical extension so that it will apply only to single family and duplex residential structures. Mr. Condos moved to waive reading of the proposed amendments and set a public hearing for 21 December 1998. Ms. Britt seconded. Motion passed unanimously. 8. Consideration of approval of Capital Equipment Note, Resolution of Capital Equipment Borrowing and Non-Arbitrage Certificate for purchase of a sewer vac: Mr. Hafter said the note is for a total of $103,000 at 3.8%. Ms. Britt moved to approve the note, resolution and non-arbitrage certificate as presented. Mr. Sheahan seconded. Motion passed unanimously. 9. Review Zoning Notices for 9 November and 23 November: No issues were raised. 10. Review Planning Commission Agenda for 10 November 1998: No issues were raised. 11. Review Minutes of 19 October 1998: Ms. Britt moved to approve the Minutes of 19 October as submitted. Mr. Condos seconded. Motion passed 3-0 with Mr. Cimonetti abstaining. 12. Sign Disbursement Orders: Disbursement orders were signed. 13. Liquor Control Board: Mr. Sheahan moved the Council adjourn and reconvene as Liquor Control Board. Ms. Britt seconded. Motion passed unanimously. a. Mr. Hafter presented a request from the new ownership of Net Result. The application is in order. Mr. Condos moved to approve the liquor license for Net Result as presented. Ms. Britt seconded. Motion passed unanimously. b. Mr. Hafter presented a request for a liquor license for Moon Meadow Organic Market. He indicated they will have to take the seminar before the license is issued. Mr. Condos moved to approve the liquor license for Moon Meadow Organic Market as presented. Ms. Britt seconded. Motion passed unanimously. Executive Session: Ms. Britt moved the Board adjourn and reconvene as City Council in Executive Session to discuss potential litigation and personnel issues and to resume regular session only to adjourn. Mr. Sheahan seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Mr. Condos moved adjournment. Ms. Britt seconded. The motion passed unanimously. The meeting adjourned at 11 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.