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HomeMy WebLinkAboutMinutes - City Council - 02/01/1999CITY COUNCIL 1 FEBRUARY 1999 The South Burlington City Council held a regular meeting on Monday, 1 February 1999, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chair; James Condos, David Austin, Terrance Sheahan, Joan Britt Also Present: Peter Bestenbostel, Assistant City Manager; Albert Audette, Street Dept; Joe Weith, City Planner; Anna Johnston, The Other Paper; Ronald Schmucker, Bill Wessel, Wesley Eldred, Larry Kupferman, Donald Foss, Bob Penniman, Linda Seavey, Tom Gustafson, Gary Farrell, Charlie Poulin, Maurene Gilbert, Linda Young, William Gilbert, Doug Franzair, Don Bruce, Chuck DesLauriers, Paul O'Leary, Mervin Brown, George Sporzynski 1. Comments and Questions from the Audience (not related to Agenda items): Mr. Kupferman, representing Fire District #1, said that construction in Queen City Park is just about done. The new water line is in, and the fire line has met a series of inspections. He thanked the City Manager, City Council, and Sonny Audette for all of their assistance. 2. Announcements & City Manager's report: Mr. Sheahan reported that the release of the Regional Plan update draft has been approved. The city should receive it soon. The Regional Planning Commission will be soliciting comments, and there will be a public hearing process before the Plan is adopted. Mr. Cimonetti reported that he and Mr. Hafter had attended a meeting of the CCTA Board which included a discussion of the pending Memorandum of Understanding regarding the commuter rail project. Mr. Cimonetti asked Mr. Wessel to provide an update on this. Mr. Wessel said he was disappointed at how far apart CCTA and AOT still are. He felt there are numerous problems with the document that was presented, the most important issue being language regarding indemnification. The language South Burlington wanted was deleted in favor of language that would make CCTA an "agency of the state. With indemnification, the state would take over in a lawsuit; with agency status, CCTA would have to take on the problem and then go after the state for reimbursement. The next meeting on this will be about 18 February. Mr. Wessel asked the Council how to go forward. Mr. Cimonetti said the concern is that CCTA has 5 members communities and a Charter which places all of CCTA's obligations on those 5 communities. This would involve not only accidents that might occur but any other kind of lawsuits. Mr. Cimonetti noted that the state has a history of not defending its agents in lawsuits (e.g., the Liquor Control Boards in South Burlington and Burlington). Members agreed that there must be indemnification and asked to see all proposed drafts of the Memorandum of Understanding. Mr. Cimonetti also noted that there is a study on extending the commuter rail to include Essex Junction and Franklin County. Public discussions on this will take place in Winooski on Tuesday, Essex Junction on Wednesday, and Burlington on Thursday. Mr. Cimonetti advised that Market Street has been officially recognized as a connector street. Mr. Bestenbostel reported the following: a) The regular meeting of elected officials will be in Williston on 4 February at 7 p.m. b) The Correction Center Liaison Committee will meet on 8 February at 4 p.m. c) In a study done on traffic volumes in various locations, South Burlington holds 4 of the top 5 locations. d) Copies of the Act 250 Findings of Fact on the Shelburne Rd. project have been received. e) A date has to be set for review of the Exit 13 study. Members agreed to do this as part of the April 5 meeting. f) The next Council meeting will be 2/16. There will also be a budget review meeting on 2/18. The Council retreat is set for 2/22 at 5:30 p.m. at the Ramada Inn. 3. Update on UVM Planning: Mr. Gustafson noted there had been mention in the Free Press of possible development of lands near Swift/Spear Streets for affordable housing. Mr. Gustafson stressed that this is only in the idea stage and that there are no plans, proposals, or specific discussions at any level. Any such plans would be brought to appropriate public bodies. There has been discussion with the City Manager about preliminary thinking for married housing on the Whittlesey property. There is nothing firm on this. Mr. Gustafson noted that UVM President Ramaley will be meeting with Terry Sheahan and then with the South Burlington City Council in the near future. Ms. Seavey noted that UVM has been trying to approach planning on a regional basis. The campus Master Plan was presented this summer and incorporated comments from South Burlington. The plan was approved in September. There is a copy in the Planning Office and on the web. This is a 10- year plan which is now in year two. It will updated in year five. Ms. Seavey then showed the plan of the "South Campus" which includes properties in South Burlington. These properties are currently used for agriculture, horticulture, etc. There is a strong commitment to work with the larger community (e.g., the rec path). UVM expects its enrollment to be stable during the span of the Master Plan. The current enrollment of about 7500 is 500 fewer students than in 1990. Based on recent collaboration with Burlington, UVM committed to housing for 200 upper class students with the aim of getting students out of Burlington housing and onto the UVM campus. This would be a "non-dorm" type of facility similar to previous such housing. It is anticipated that this will be done in 2001. Ms. Seavey then showed current open space areas, noting that all are potential development areas with no currently planned development. These include the Miller Research Farm, the Deslauriers tract, and the Hort Farm. A system of setbacks and buffers has been developed and includes a 100 foot setback on Spear Street. For the next 5 years, projects will be focused on the central campus, including building renovations. Projects include a new horse barn and riding arena (which is almost completed), a health science research facility on the south side of the Given Building (completion set for 2001), a new education center to house the health science library, telemedicine equipment, etc., and an upgrade of the fitness center (partly in South Burlington). A comprehensive sign system is being implemented as well as a new lighting system campus-wide. There will also be upgrades of the Perkins Geology building, Waterman building, and family student housing. Mr. Cimonetti asked about the proposed residential housing. Ms. Seavey said it would be something less than 120 units with one, two or three bedroom. They would fall in the low rent category ($400-500 per month). Mr. Condos asked what happened to plans to level University Heights and develop housing there. Ms. Seavey said the back buildings have been renovated for use as offices during remodeling of other campus buildings and for other short term needs. The first nine buildings are still used for housing. Long term plans for the area are still being addressed. Mr. Condos felt this would be an excellent site for student housing. He also asked where UVM is looking for 200 beds for students. Ms. Seavey said this is being considered at the back end of University Heights, closer to Redstone and behind the university system at Redstone. Mr. Condos asked if access would be from Spear St. Ms. Seavey said that is not yet decided. She said UVM would talk with South Burlington on that issue. Mr. Condos also asked about the impact of lighting changes, specifically at the athletic facility close to Spear St. homes. Ms. Seavey said they will be using downcasting fixtures which would be less intrusive that what now exists. Mr. Condos noted that people are using the East Woods for walking dogs off leashes and damage is being done. Ms. Seavey said she would check on that. Ms. Britt asked if the decline in enrollment was UVM's choice. Mr. Gustafson said it was a choice made in order to maintain high quality education. Mr. Sporzynski asked if UVM pays taxes on lands in South Burlington. Mr. Cimonetti said that presently they do not. Mr. Sporzynski asked if they would be taxed if used for housing. Mr. Cimonetti said possibly. Mr. Condos noted that UVM pays the City of Burlington "payments in lieu of taxes" but that South Burlington gets nothing. He felt there might be discussion on this in the future. The question of the extension of Holmes Rd. was raised. Mr. Cimonetti said this is on the Official City Map but not in the current capital plan. Mr. Cimonetti noted that South Burlington will pay particular attention to any development that has traffic impacts on South Burlington. The city will be a participant in Act 250 discussions. He noted a tremendous concern with the area near the jughandle and the area near Staples Plaza. Mr. Cimonetti said he is reassured that UVM is paying attention to zoning. He noted that at present UVM is a "great big farmer" in South Burlington and that the land use process does not provide the same oversight for lands used for farming. He stressed that UVM is a very special kind of farmer, and when the city sees bulldozers out in front of UVM property, it gets very concerned. He asked that when things are to be done on those lands that the city be given information, even if it has no authority. 4. Discussion with residents of 1263-1430 Spear St. regarding establishment of special assessment district for installation of sanitary sewer mains: Ms. Young said there has been talk with neighbors about the problems with septic systems. They are looking for a long-term solution. All but one property owner have signed up in favor of extending the city system to serve this area. Neighbors are aware of costs and conditions. Mr. Cimonetti explained what the city has done in the past: with 50% of the cost paid by residents of the area to be served and the other 50% paid by the entire wastewater budget. The city fronts the cost for the residents which is then paid back in 10 annual installments with no interest being charged. All accessible properties must connect within one year. Mr. Sheahan asked about the one property owner who hasn't signed. Ms. Young said they are thinking about it. Mr. Austin asked if there is capacity at Bartlett Bay. Mr. Cimonetti said there is. Mr. Farrell said the proposed line would end at the east side of his home and asked if it could be extended so it could serve future development. Mr. Cimonetti noted the City Engineer feels that parcel would best be served by the Swift Estates loop. Mr. Hackett said he supported the project but that several people would not want to participate if the sewer line destroys the tree line. Mr. Cimonetti noted this was discussed. The houses involved are the two most northerly houses on Spear St. The line would run downhill for other homes. It was thought that rather than have to pump up from those 2 houses there could be an easement along a lot line. But the easement does not have to be on that line. If the plan were to go through without those homes participating, the problem would be delayed until either or both houses wanted to hook on. Mr. Cimonetti agreed that the appropriate place for the line was not on a tree line. It was asked whether it wouldn't be cheaper to put in a pump. Mr. Cimonetti said that is very expensive, and the city prefers to use a gravity system, where possible. Mr. Cimonetti noted that the item is not warned for a vote at this meeting. When a firm proposal is in place, the item will be warned and all affected property owners will be notified. There are two possible procedures: the item can be put on the ballot for a general election, as in the past, or, if 100% of the parcel owners agree to participate, and if the city has resources to do the project, it can go forward without a vote. The Council will have to decide how to proceed. 5. Discussion of planned streets in City Center and development requests: Mr. Schmucker said his client would like to sell his property but can't because of a road on the city's Master Plan. The road would take 75% of the property and leave no developable area. He asked for the city to cooperate by buying the property. He estimated the cost at about $300,000. Mr. Cimonetti noted it is the city's anticipation that a developer will build those streets. He said the Council understands the landowner's position, and he felt it is incumbent on the city to enter into negotiations to acquire the property. In a separate issue, Mr. O'Leary noted that there has been discussion with staff about developing another building on Market St. In return for another parking waiver, the developer would build a streetscape on that side of Market St. similar to what has been done on the other side. He then showed the proposed site plan which includes pedestrian and vehicle connection to the Judge development. The problem is that the proposed building is located on one of the proposed future city streets. Mr. O'Leary said they feel the proposed street would restrict access to the back properties. He said they would like to know if the city will let them put the building where it is proposed. Mr. Weith said that from the point of view of City Center development, the providing of all roads is very important. A grid pattern with connections is vital. He felt the proposed road in question is very important as a link because it is right across from the proposed Market St. tie-in. In the long term view, there can be development that would take advantage of that road frontage. Ms. Britt asked if the building can be moved out of the right-of-way. Mr. O'Leary said it could be slid 27 ft., but that would not be as ideal a location. Mr. Condos felt the integrity of the street system was vital. Other members agreed. Mr. Brown suggested exploring the possibility of moving the street to the east. Members agreed to see if that could work. 6. Request from Grandview Condominium Association to establish a "no parking" zone on the north side of Grandview Drive: Mr. Audette suggested this be on the south side as that is the side with the sidewalk. He noted there is a problem with people parking there all night. He noted, however, that a no parking zone would tend to encourage higher speeds in the area. He added that the problem is there isn't enough parking as some units have more than one vehicle. An ordinance change will be warned for the next meeting. 7. Liquor Control Board: Mr. Condos moved the Council meeting be recessed and that the Council meet as Liquor Control Board. Mr. Austin seconded. Motion passed unanimously. a) First Class Cabaret Liquor License Request from Hart Hotels of Vermont, Inc, d/b/a Hawthorn Suites Hotel: Mr. Bestenbostel said the application is complete and has all approvals. Mr. Condos moved to approve the First Class Cabaret Liquor License Request of Hart Hotels of Vermont, Inc, as presented. Mr. Sheahan seconded. Motion passed unanimously. b) Cabaret Liquor License Request of The Pour House: Mr. Cimonetti noted the application did not include a home address for the applicants. Mr. Sheahan moved to approve the Cabaret Liquor License Request of the Pour House with the stipulation that home addresses be provided for the Hadleys. Mr. Austin seconded. Motion passed unanimously. Mr. Condos moved to adjourn as Liquor Control Board and resume as City Council. Mr. Austin seconded. Motion passed unanimously. 8. Consideration of approval of Capital Equipment Refunding Note and Resolution on Jeep Cherokee: Mr. Condos moved to approve the capital equipment refunding note and resolution as presented. Mr. Austin seconded. Motion passed unanimously. 9. Appointment of Deputy Health Officer: Mr. Condos moved to appoint Charles Hafter as Deputy Health Officer. Mr. Austin seconded. Motion passed unanimously. 10. Review Zoning Notice for Public Hearing on 8 February 1999: No issues were raised. 11. Review Minutes of 18 January 1999: Mr. Condos moved the Minutes of 18 January be approved as written. Mr. Austin seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement Orders were signed. Executive Session: Mr. Austin moved the Council meet in executive session to discuss personnel matters and litigation and to resume regular session only for the purpose of adjournment. Mr. Sheahan seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Mr. Sheahan moved adjournment. Mr. Condos seconded. The motion passed unanimously. The meeting adjourned at 10:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.