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HomeMy WebLinkAboutMinutes - City Council - 06/07/1999CITY COUNCIL 7 JUNE 1999 The South Burlington City Council held a regular meeting on Monday, 7 June 1999, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members present: James Condos, Chair; Joan Britt, Terry Sheahan, David Austin Chris Smith Also present: Charles Hafter, City Manager; Albert Audette, Street Dept; Joe Weith, Director of Planning & Zoning; Peter Bestenbostel, Asst. City Manager; Anna Johnston, The Other Paper; Anne Geggis, Free Press; Richard Ward, Marie Perusse, Hinda Miller, Jim Pease 1. Comments and questions from the audience (not related to agenda items): Ms. Johnston asked what happens when a bank takes over a property and won't maintain it. Mr. Hafter said the property must be maintained in a safe manner. Grass must be cut, etc. He added that the city can do the work and put a lien on the property after notifying the owner/bank. 2. Announcements & City Manager's report: Mr. Sheahan said there will be a presentation of the Regional Plan update draft at the next Council meeting. Regional Planning will solicit public comment for 90 days and then vote on the plan, possibly making changes based on public comment. Mr. Hafter asked members for an alternate date for the meeting scheduled on 5 July, a legal holiday. Members agreed to meet on 12 July. Mr. Hafter announced the following: · a meeting of the Correction Center Liaison Committee on 14 June, at 4 p.m. · the first meeting of the City-School Task Force, 16 June, 7 p.m. Mr. Hafter reminded the Council that they need to appoint a member to this task force. · Mr. Hafter advised that he has been asked to serve on a Chamber of Commerce "Smart Growth" committee. The first meeting will be 18 June, 8 a.m. · the city has moved forward with the MPO to begin work on an alternate to Mary St./Williston Road intersection. Mr. Hafter showed members 3 possible alternative that will be studied. · Mr. Hafter anticipated that results will be available in 6 weeks. · Volunteers are still being sought for the Planning Commission and Development Review Board. Interviews will begin at the next meeting or at the first meeting in July. Each Board will meet two nights a month. Mr. Audette noted that he had met with the architect and engineer on the Public Works Facility project. He said he would like to sit down with the City Council, City Manager, engineer and architect and go over what the city wants. He would like to be able to occupy the facility by snowfly. Members agreed to meet on Monday, 14 June, 4 p.m. Mr. Condos said he had gotten a call from a citizen regarding the part of the rec path that goes through Farrell Park to Lindenwood. He felt it needs to be paved for safety. 3. Resolution honoring the career of Richard R. Ward: Mr. Condos read the Resolution. Mr. Austin moved to accept and sign the Resolution as read. Mr. Sheahan seconded. Motion passed unanimously. The resolution was then presented to Mr. Ward. Mr. Hafter also recognized Marie Perusse who has worked for Mr. Ward for many of his 30 years of service. 4. Public hearing on zoning amendment to Article XXII, Bartlett Brook Watershed Protection Overlay District: storm water retention regulations: Mr. Hafter said he had met with Mr. Weith, Jim Pease and Bob Kort of the USDA. There will be more and more of these kinds of ordinances throughout the state. The regulations now require a storm water retention system to address the possibility of a 25 year storm. The proposed ordinance would require a system to address a 2-year storm as well. This is in the interest of water quality. Mr. Weith noted the amendment also reduces the amount of land being developed that would trigger a hydrology review. The amendment also addressed the need for maintenance plans for such systems. It required a yearly inspection. Mr. Hafter had recommended a bi- annual inspection with the understanding that the city can require an inspection when an event has happened that causes concern. Mr. Weith said he felt this could be administered in-house without a fee. Mr. Pease then explained when permits would be required on the different forks of the brook. Mr. Weith said the thinking is to have all permits expire on the same date. Ms. Britt asked about penalties. Mr. Weith said they would use the same process as for violations of zoning regulations . . . through the courts. Mr. Condos asked about existing systems that aren't functioning properly. Mr. Weith said that has to be discussed with the city attorney as there may be a way to pursue these, though it will take time and cost money. Mr. Austin felt they need to understand where the trouble spots are. Mr. Kort noted there is a maintenance clause in the State permits, and problems could be addressed in that way. Mr. Austin noted that the ponds may be on "common land" which may have varying kinds of ownership. There is also a question of whether a developer could circumvent the rule by having incremental development. Mr. Weith said that was something that had not yet been considered. Ms. Britt felt an educational piece would be helpful to let neighborhoods know what the issues are. Mr. Pease said in the design of systems, they will try to educate people about the ponds. He noted that Williston is creating a brochure on this, and South Burlington might consider the same thing. Mr. Sheahan then moved to close the public hearing and send the amendment back to the Planning Commission for final review. Mr. Smith seconded. Motion passed unanimously. Mr. Hafter said he would like to look into establishing a community pond utility with people buying into it. Mr. Kort said this has been done in other parts of the country. Mr. Condos asked if the Council could be sent some information on this. 5. Public hearing on amendment to Ordinance re: Street Naming and Street Addressing; second reading of same: Mr. Condos reviewed the history of the item. Mr. Hafter noted that information on grandfathering has been added. Mr. Austin noted that the second sentence in part "B" was repeated in "D." Mr. Hafter said it would be removed once. Mr. Sheahan moved to close the public hearing and approve the second reading of the amendment to Ordinance Re: Street Naming and Street Addressing as amended regarding the repeated sentence. Ms. Britt seconded. Motion passed unanimously. 6. Consideration of approval of letter of intent to apply for a Vermont Community Development Program (VCDP) grant for conceptual development and feasibility study in conjunction with National Gardening Association: Mr. Hafter said National Gardening wants to study the potential use of the Calkins property for gardens, etc. The letter of intent would be to apply for $21,900. in grant funds. The Council needs to approve to allow the application to go forward. Mr. Sheahan asked about cost to the city. Mr. Condos said this action would not commit the Council to anything. There would have to be a public hearing in the future. Mr. Austin moved that the Council approve the execution of the Letter of Intent as presented and authorize the Chair to sign the letter. Ms. Britt seconded. Motion passed unanimously. 7. First reading of three amendments to the Zoning Regulations and Official Map: 1) allow schools as conditional use in SEQ District; 2) allow permitted non-residential uses in SEQ District to be included in a Planner Residential Development; and 3) amend Official City Map shifting City Center street between Blue Mall and Orchid Restaurant: Mr. Weith addressed the first amendment which would allow elementary and secondary schools in the SEQ as a conditional use. The request came from someone who wanted to use the Ramsey barn as a private school. The Planning Commission felt this was a reasonable use in the SEQ. Mr. Austin felt that if other conditional uses were appropriate (e.g., day cares, bed and breakfasts, etc.), then this was as well. Ms. Britt said her concern was traffic, which could change the character of a neighborhood. Hinda Miller, one of the parents looking at the Ramsey barn, noted that the request had originally been limited to elementary schools because of the traffic concern. Mr. Sheahan felt the conditional use review would address traffic issues and he was comfortable with the amendment. Mr. Condos said his only concern was if a school were to leave a site, there might be pressure to change to a commercial use. Mr. Austin moved to waiving the reading of the amendment and set the public hearing for 12 July. Mr. Sheahan seconded. Motion passed unanimously. Mr. Weith said the second amendment would allow permitted non-residential uses in the Southeast Quadrant to be included in a PRD. He noted that during the school discussion it became apparent that because of wording, uses other than residential are not permitted in a PRD. The Commission felt this was an oversight. The proposed amendment would allow any use that was allowed in a residential area to be in a PUD provided there was a residential component. Mr. Austin moved to waive reading of the amendment and set the public hearing for 12 July. Mr. Sheahan seconded. Motion passed unanimously. Mr. Weith said the third amendment shifts a planned street. He showed the location on the map. There would be just about an equal land taking between the two adjacent property owners. Mr. Austin moved to waiving the reading of the amendment and set the public hearing for 12 July. Ms. Britt seconded. Motion passed unanimously. 8. First reading of amendment to Motor Vehicle and Traffic Regulations: no parking on cul-de-sac at end of Duval Street: Mr. Hafter explained that the cul-de-sac is graveled and unlit. People have been parking there in great numbers, and residents would like to assure that emergency vehicles can turn around there. Mr. Sheahan moved to waive the reading of the amendment and set the public hearing for 19 July. Ms. Britt seconded. Motion passed unanimously. 9. Consideration of formal approval of land swap; Keari Lane/Harbor View Road; Mr. Hafter said all the necessary paperwork has been completed. Ms. Britt moved to approve the land swap as presented and to authorize the City Manager to sign the documents. Mr. Smith seconded. Motion passed unanimously. 10. Consideration of appropriation of Social Services funding for 1999-2000: Mr. Hafter explained that after allocations were made, there was still $500. left. He suggested establishing a "special needs fund" for requests that come in during the year or for emergencies that have not been foreseen. Members felt this was a good idea. Mr. Austin moved to approve the Social Services funding schedule as presented. Mr. Smith seconded. Motion passed unanimously. 11. Request for approval of tax rates to support FY 2000 budget, special assessment districts and user fees for sanitary sewer and water service; discussion of tax due dates: Mr. Hafter said the general levy is 52 cents which includes the highway assessment approved by the voters. There is a 7.3 cent special levy for Swift Estates. This is a large reduction over last year. There is also a 25.8 cent special assessment for Country Club Estates. This is slightly lower than last year. The sewer rate for 1999-2000 will be 16.65 per 1000 cubic feet of water use after 1 June 1999. The water rate will be 13.80 per 1000 cubic feet of water use after 1 June 1999. Mr. Austin moved to approve the tax rates, special assessments, and sewer and water rates as set forth in the City Manager's memo of 7 June 1999. Ms. Britt seconded. Motion passed unanimously. Mr. Hafter reminded members that last year the Charter was amended to allow the Council to set tax due dates as long as they were in equal installments. He said he would prefer not to "guestimate" the school tax (shark pool) which will not be set by the state until 30 June. Mr. Bestenbostel felt that if the rate is announced on 30 June, the city can get tax bills out on 2 July. He recommended a due date of 2 August for the first installment, then 15 November and 15 March for the other two installments. Mr. Smith asked if there is a cost to the 2-week delay. Mr. Bestenbostel said there is, but the city doesn't really lose the money because it still gets to keep the money in the bank and earn the interest for 20 days. There is probably about a $4,000 loss on the city's portion. Mr. Austin moved to set the tax due dates as follows: 2 August 1999, 15 November 1999, and 15 March 2000. Mr. Smith seconded. Motion passed unanimously. 12. Appointment to regional boards and commissions made from the City Council: Members agreed to serve on the following boards/commissions: MPO: Jim Condos with Charles Hafter as alternate Regional Planning Commission: Terry Sheahan with David Austin as alternate Channel 17 Board: Joan Britt with Charles Hafter as alternate Solid Waste District Board: Paul Stabler with Jim Condos as alternate UVM Liaison: Terry Sheahan City/School Task Force: Chris Smith Passenger Rail Committee: Charles Hafter with David Austin as alternate Mr. Sheahan moved to approve the above slate as presented. Ms. Britt seconded. Motion passed unanimously. 13. Review Zoning Notice for Public Hearing scheduled for Monday, 14 June 1999: Mr. Condos expressed concern with item #4 which would result in a 500 sq. ft. addition and another fuel pump. The appellant is already over the trip ends allowed. 14. Review Planning Commission Agenda: Mr. Austin expressed concern with the golf course adding a whole lot of multi-family units instead of the approved single family units. 15. Review minutes of 17 May and 21 May 1999: Ms. Britt moved to approve the minutes of 17 May as written. Mr. Austin seconded. Motion passed 4-0 with Mr. Smith abstaining. Mr. Austin moved to approve the minutes of 21 May as written. Mr. Smith seconded. Motion passed unanimously. 16. Sign disbursement orders. Disbursement orders were signed. As there was no further business to come before the Council, the meeting was adjourned at 10:05 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.