Loading...
HomeMy WebLinkAboutMinutes - City Council - 08/02/1999CITY COUNCIL 2 AUGUST 1999 The South Burlington City Council held a regular meeting on Monday, 2 August 1999, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members present: James Condos, Chair; David Austin, Joan Britt, Terrance Sheahan, Chris Smith Also present: Charles Hafter, City Manager; Peter Bestenbostel, Assistant City Manager; Bruce O'Neill, Recreation Dept; Albert Audette, Bill Miller, John Kimball 1. Comments & questions from the audience (not related to Agenda items): No issues were raised. 2. Announcements and City Manager's report: Mr. Smith advised that the task force on property tax issues had met on 27 July and had made a lot of progress. They hope to have recommendations in a few weeks. Mr. Sheahan reminded Council members that the due date for comments on the draft of the Regional Plan update is 15 September. Mr. Condos reported on the following: -- the official opening of the Vermont National Country Club happened 10 days ago. On 13 September, NESN will feature the golf course on its Front Row program. -- a letter was received advising that Sonny Audette has won the 1999 Lifetime Achievement Award from VLCT. -- a meeting was held on 22 July with several communities and the staff of VLCT regarding options on Corrections issues. Several towns are considering filing amicus briefs in support of South Burlington. There is also a plan to discuss this issue with the Governor, possibly even to propose a change in the law. Mr. Condos felt it was good to go both the legal and legislative routes. Mr. Hafter announced the following: -- Taxes must be paid by midnight tonight. -- The next two Council meeting dates fall on legal holidays. Members agreed to keep the 16 August meeting as scheduled and change the Labor Day meeting to 7 September. -- Tomorrow is National Night Out. Events start at 5:30 p.m. -- The Board of Civil Authority will meet Thursday at 7 p.m. -- There will be a meeting next Monday with residents to try to settle issues related to the Spear St. sewer special assessment district. -- Plans for a community identity/development forum are moving ahead. The suggestion is to have 2 meetings, one on the history of development in the city followed by a panel discussion, then a public forum which would result in action plans. -- All easements except one from UVM have been received for Phase III of the Rec Path. The hope is to go to bid by the end of September and finish building in the spring. 3. Consideration of appointments to Boards & Committees: The Council interviewed Charlie Jones who has applied for the Library Board of Trustees. Mr. Jones said he thinks this would be a good way for him to serve the community and feels the Library needs citizens to help keep it going in light of the Internet and other sources of information. 4. Consideration of first reading of amendment to impact fee ordinance to include 1) traffic signal and related pedestrian improvements to Swift & Farrell Streets intersection and 2) improvements to Market Street; schedule public hearing on same: Mr. Audette said he would like to see the ordinance amended to include upgrade of all traffic lights in the city and to allow for new lights if they meet the warrants. He noted the light at the Williston Rd. ramp to the Interstate that requires upgrade, and said there is a question as to whether Dorset St. improvement fees can be used for this purpose. Mr. Audette said that some upgrades result in a 2/3 savings in electricity costs. Mr. Hafter said that the Impact Fee Ordinance requires the naming of specific projects. Research could be done to identify specific needs and then put them in the Ordinance. Mr. Weith added that you also have to indicate how much of the upgrade is due to a deficiency and how much is due to handling future development. Mr. Condos suggested getting a list of what needs to be done and see how these can be addressed. Mr. Austin asked how the figure of 90% was arrived at for percentage of need caused by new development. Mr. Weith said a warrant analysis was done a few years ago and warrants weren't met at that time. With recent development, they have been met. Ms. Britt said she would like the study to reflect what has happened at that location. Mr. Kimball of Vermont Gas said he is very concerned with this issue and felt there is a matter of public policy for the Council to address, namely whether Farrell St. will continue to be a bypass for Shelburne Rd. He cited many safety issues in front of the Vermont Gas building including inadequate cross- walks which are used by people crossing to go to lunch, the day care bringing children to the park, kids on bikes, etc. Mr. Austin moved to waive the reading of the proposed amendment, to approve the first reading, and to schedule a public hearing for 7 September. Ms. Britt seconded. Motion passed unanimously. 5. Public Hearing on consideration of approval of Vermont Community Development Program Planning Grant application for feasibility to establish Vermont Community Botanical Gardens; National Gardening Association: Mr. Condos said he attended a meeting with National Gardening at the Calkins property and was very impressed. Mr. Hafter said National Gardening is requesting a $21,900 grant. The city would administer the grant and would do the financial work. There is money in the grant to cover the city's cost. Mr. Miller of National Gardening said this is a tremendous opportunity for use of that property. They would use the Botanical Gardens to address needs of children, the elderly and the disabled and would work with agencies that represent those citizens. The Gardens would also be a tourist attraction on weekends. There might even be some job training involved in the operation. Ms. Britt asked how many acres of the property would be used. Mr. Miller estimated 10-15. Ms. Britt also asked about the environmental review that is required. Mr. Miller said they will be doing soil testing, so they have to give notification of this. There would be no cost to the city. Members felt this was a great opportunity for the city and addresses long term goals for that area. Mr. Sheahan moved to close the public hearing and approve the resolution for the VCBD grant application and to authorize the City Manager to sign on behalf of the city. Mr. Smith seconded. Motion passed unanimously. 6. Consideration of approval of USDA, Natural Resources Conservation Services Cooperative Agreement, locally led contracting for rehabilitation services to land owned by Robert Vogel, 95 Central Avenue: Mr. Hafter explained that this relates to last year's heavy rains when Mr. Vogel's home was left 6 ft. from the edge of the bluff due to collapse of a section of the bluff. The city worked with FEMA for most of the damage in the city but couldn't find funds for this situation. Mr. Vogel spent $58,000 of his own money to shore up the house. A source of funds has now been found to address continuing concerns for this property and to reimburse Mr. Vogel for his expenses. The federal government would pay 75%, and the state has agreed to pay the city's 25% share. The city would be required to inspect the work every year but can transfer this responsibility to Mr. Vogel. An agreement has been drafted to do this. Mr. Austin questioned whether the city would still be responsible if a problem occurred in the next 50-year storm. Mr. Hafter did not think so. Ms. Britt said she would like indemnification to extend beyond maintenance and repair. Other members agreed. Mr. Austin then moved that the City Council approve the Cooperative Agreement as presented this evening along with related documents, provided that all the contracts reflect the city's intention that it not be held liable in any way and that it be indemnified from any potential liability associated with the projects. Mr. Austin further moved that the City Manager be authorized to review and sign the agreements. Mr. Sheahan seconded. Motion passed unanimously. 7. Consideration of approval of Finance & Maintenance agreement between Vermont Agency of Transportation and City of South Burlington for Bartlett Bay Road improvements related to Charlotte-Burlington Passenger Rail: Mr. Hafter explained that the AOT will rebuild the entry road to the Treatment Plant to repair damage caused by work for the railroad. The work in question involves improvements needed to implement the "quiet zone." There is no cost to the city. Mr. Austin moved to approve the contract and authorize the City Manager to sign the agreement in the form delivered to the Council at this meeting. Ms. Britt seconded. Motion passed unanimously. Mr. Condos noted that he had received a letter from Governor Dean regarding the siting of a station in S. Burlington. Mr. Condos read the letter which cited environmental concerns with the city's choice of the Hannaford site. The Governor recommended the Magic Hat site as a better alternative. Mr. Condos said he would respond to the letter. 8. Consideration of approval of Right-of-Way Procurement Certification for Van Sicklen Rd. Bridge: Mr. Hafter said it was hoped work could be done in the next construction season. Mr. Austin moved to approve the right-of-way procurement certification as presented. Ms. Britt seconded. Motion passed unanimously. 9. Consideration of approval of capital equipment refunding note for sidewalk plow: Mr. Hafter indicated the interest rate is 3.9%. Ms. Britt moved to approve the note and accompanying resolution as presented. Mr. Austin seconded. Motion passed unanimously. 10. Appointment of voting delegate to VLCT Town Fair; Mr. Sheahan moved to appoint Jim Condos as voting delegate to the VLCT Town Fair on 9/30-31. Mr. Smith seconded. Motion passed unanimously. 11. Acceptance of letter of resignation from Leo Brown from City Charter Committee due to relocation: Mr. Condos cited all the work Mr. Brown has done for the city over the years. Ms. Britt moved to accept the resignation of Leo Brown and to authorize the City Manager to send a letter of appreciation. Mr. Austin seconded. Motion passed unanimously. Mr. Condos suggested Bill Cimonetti as a possible candidate to fill the position. Mr. Austin noted that there are a number of people leaving the Planning Commission and Zoning Board and suggested letters of appreciation be sent to them as well. 12. Consideration of approval of entertainment license for First Annual South Burlington Family Music Festival, Sunday, 29 August, 4-7 p.m., S. B. Recreation Department/Family Center/PTO: Mr. O'Neill explained that he was approached on this by interested people as an end of summer musical event. He stressed that it is not a fund raiser. Mr. Austin moved to approve the entertainment license for the Family Music Festival as presented. Mr. Sheahan seconded. Motion passed unanimously. 13. Discussion regarding recent meeting with City Attorney and Planning and Development Review Boards: Mr. Hafter said there was a suggestion that the Council adopt a motion that establishes the Planning Commission membership at 5. He also noted that other ordinances and regulations that refer to either the Planning Commission or Zoning Board may need to be amended. Mr. Austin moved to set the size of the Planning Commission at 5 members until further notice. Ms. Britt seconded. Motion passed unanimously. Mr. Austin then moved that in light of the modifications made to the means of development review in the city, the Council state its intention to modify the Sign Ordinance and Impact Fee Ordinance to refer to Development Review Board in places that now say Planning Commission, and to instruct staff to draft specific modifications to those ordinances for public hearing. Ms. Britt seconded. Motion passed unanimously. 14. Review Development Review Board Agenda for 8/3/99: No issues were raised. 15. Sign disbursement orders: Disbursement orders were signed. 16. Review minutes of 12 July and 19 July: Mr. Sheahan moved to approve the minutes of 12 July as written. Mr. Smith seconded. Motion passed 3-0 with Mr. Austin and Ms. Britt abstaining. Mr. Austin moved to approve the minutes of 19 July as written. Ms. Britt seconded. Motion passed unanimously. Executive session: Ms. Britt moved the Council adjourn and reconvene in Executive Session to discuss appointments to Boards and Commissions, personnel, real property acquisition, and litigation, and to resume regular session only to make appointments and/or adjourn. Mr. Austin seconded. Motion passed unanimously. Regular session: The City Council returned to regular session. David Austin moved the appointment of Charlie Jones to the Library Board for a 3 year term. Joan Britt seconded. The motion passed unanimously. David Austin moved adjournment. Chris Smith seconded. The motion passed unanimously. The meeting adjourned at 9:50 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.