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HomeMy WebLinkAboutMinutes - City Council - 07/10/2000CITY COUNCIL 10 JULY 2000 The South Burlington City Council held a regular meeting on Monday, 10 July 2000, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members present: J. Condos, Chair; T. Sheahan, C. Smith, D. O'Rourke, S. Magowan Also present: C. Hafter, City Manager; P. Bestenbostel, Asst. City Manager; E. Schmitt, J. Cameron, M. Boucher, C. Deslauriers 1. Comments & questions from the audience not related to agenda items: No issues were raised. 2. Announcements & City Manager's report: Mr. Smith: Regional Planning Subcommittee on Infrastructure will meet tomorrow. Mr. Sheahan: At the Regional Planning Commission meeting 2 weeks ago, a calendar for adoption of the revised Regional Plan was established. Once all task force analyses are done, a revised draft will be prepared for distribution during the last week in November. The Commission will deliberate that draft on 27 November. Draft #3, incorporating public comment, will be prepared in March. The proposed ratification date would be in May 2001. The current plan will remain in force until a new plan is adopted. Mr. Condos: Botanical Garden Advisory Board will meet at 11 a.m. tomorrow. The Lake Champlain Chamber of Commerce Smart Growth Task Force will also meet tomorrow at 4 p.m. On Wednesday, at 8 a.m., the Burlington Airport Task Force will meet The Regional Planning Commission Task Force for Growth Center will meet on Thursday at 4 p.m. Mr. Hafter: At tomorrow's meeting, the Planning Commission will discuss land use and housing. Mr. Hafter was reappointed to the VLCT Quality of Life Policy Committee. The Van Sicklen Rd. project is getting started this month. The road will be closed throughout most of the summer. July 13th is the kickoff of the Kennedy Dr. widening project. The next agenda will include a proposal from Dorset Community Center on a consultant to be hired and a request for tax exemption for the congregate housing project. A letter has been sent to residents of Lindenwood Dr. regarding the proposed paving of the bike path. On August 7, the council needs to hold a public hearing on the block grant application for the affordable housing project on Shelburne Rd. 3. Approval of proclamation for South Burlington's "Night Out," 1 August 2000: Mr. Condos read the proclamation. He also noted there will be a parade at 6 p.m. and fireworks from 9:30-10 p.m. Mr. Smith moved to approve and sign the proclamation as read. Mr. O'Rourke seconded. Motion passed unanimously. 4. Interviews with candidates for Development Review Board, Planning Commission and Design Review Board: The Council interviewed Eric Schmitt for reappointment and Mark Boucher and Jim Cameron for appointment to the Development Review Board. Mr. Schmitt said he has been on the Board for a year and a half and is very interested in continuing to serve. Mr. Boucher said he wants to serve the community. He recognizes the pressures for develop and to protect the land and is impressed with how South Burlington has handled those issues. Mr. Cameron is involved in development issues and has served on school boards and sports boards in other communities. He moved to South Burlington 5 years ago. Mr. O'Rourke commented that the new Development Review Board/Planning Commission format is much more efficient. Mr. Condos added there is also less chance for conflicting outcomes. Mr. Sheahan asked the candidates how they would see the balance of more housing and more open space happening. Mr. Cameron said growth is inevitable, and you do the best you can do. Mr. Boucher said he thought it would take creativity to protect areas people feel are important. Mr. O'Rourke asked if any of the candidates would have an issue when there was a rule or regulation they didn't personally like. Mr. Boucher said you have to understand what a rule or regulation is for, and it is the job of the DRB to interpret those rules. Mr. Schmitt said there is a way to change rules that people may not like through the Planning Commission. He also added that he felt the Community Land Fund was a great idea. Mr. Cameron said you can't pick and choose your rules but you can work to get them changed. You have to deal with what is in front of you. Mr. Condos asked if Mr. Cameron would have a conflict of interest with specific clients or projects. Mr. Cameron said he might, but he would state that up front. Mr. Condos then explained the selection process and said the Council could make a decision tonight. 5. Consideration of license agreement of Dorset Hotel Associates, Inc, for use of air space above Aspen Drive for skywalk: Mr. Hafter said he had just gotten the agreement today and suggested the Council review and let Mr. Deslauriers state his concerns. The skywalk would connect two portions of Hawthorne Suites Hotel. That would be its only allowable use. It would be a minimum of 19 feet above the paved road surface. This would accommodate the largest fire truck. The applicant would have to submit detailed construction plans. The agreement says that there cannot be snow or ice falling onto any part of the right-of-way. The applicant must maintain the skyway in good condition; if they do not, the city can act to protect the public. The City Manager can establish a timeframe for repairs that are deemed necessary. There would be a yearly inspection required with a written report to the city. The applicant would have to repair any damage to Aspen Dr. The city would be indemnified and held harmless in all events. The lease term would be 30 years, and the city could terminate it upon 180 days notice. Mr. Deslauriers gave members a typed copy of his comments on the proposed lease. He felt they could work out any differences. Mr. Deslauriers said there is only 48 inches of roof exposed on either side, so there is a very minimal chance for rain or snow to accumulate. Mr. Sheahan said he wanted flexibility so that if there were a problem after the first winter there would be an assurance that the applicant would have to fix it. Mr. Deslauriers said he didn't feel it was necessary to have a city-hired architect review the skywalk at Deslauriers expense. Also, the proposed annual inspection would be in addition to the one they would do. Mr. Hafter said he felt the city needed that for protection; the city might never use it, but he felt they had to have it. Mr. Magowan added that when problems have come up elsewhere, it is revealed that inspections haven't been done as required. Members felt they wanted the annual inspections. Mr. Deslauriers was also concerned that the city could place a lien that might affect their mortgage. Mr. Magowan said that is the same as a tax lien and shouldn't affect a mortgage. Mr. Deslauriers was concerned about the 30-year term. He noted this was a significant investment for them and he was not sure that was the "life" of the skywalk. He was also concerned with the city's right to end the use with six month's notice. Mr. Hafter said the license has to have a term. Mr. Sheahan suggested 30 years with a renewal option. Mr. Magowan didn't think there should be a term. Mr. Condos asked about the safety issue of people possibly falling or jumping from the skywalk. Mr. Deslauriers showed the design of the skywalk and pointed out that the windows are not big enough for a person to fit through. Mr. Hafter said he would talk with the City Engineer about language for snow and rain falling from the bridge so it doesn't impact the operation of the street. Mr. Magowan moved to approve in concept the proposed agreement with changes as discussed and final language to be reached between the City Manager and Dorset Hotel Associates. Mr. Smith seconded. Motion passed unanimously. 6. Consideration of approval of social services allocation for FY 2000-1: Mr. Condos reviewed the background of the city's social services allocations. Mr. Hafter said there is $500 more in the budget this year than last. All agencies that were funded last year are funded this year. The COTS funding was increased by $300 based on the shortage of housing. A new appropriation of $275 was given to End Zone, the Middle School after-school program. Mr. Sheahan moved to approve the social service allocation as presented. Mr. O'Rourke seconded. Motion passed unanimously. 7. Review agendas for Development Review Board and Planning Commission, 11 July 2000: No issues were raised. 8. Review minutes of 8 May, 15 May and 26 June: Mr. Smith moved to approve the minutes of 8 May as presented. Mr. Sheahan seconded. Motion passed 3-0 with Messrs. O'Rourke and Magowan abstaining. Mr. Smith moved to approve the minutes of 15 May as presented. Mr. Sheahan seconded. Motion passed 3-0 with Messrs. O'Rourke and Magowan abstaining. Mr. Magowan moved to approve the minutes of 26 June as written. Mr. Smith seconded. Motion passed 4-0 with Mr. Sheahan abstaining. 9. Sign disbursement orders: Disbursement orders were signed. Executive Session: Mr. Sheahan moved the Council meet in executive session to discuss contract negotiations and appointments and to resume regular session only for the purpose of making appointments and/or adjourning. Mr. Smith seconded. Motion passed unanimously. Regular Session: The City Council returned to regular session. Mr. O'Rourke moved the following appointments, Mr. Magowan seconded: Development Review Board: Eric Schmitt, 3 year term ending 2003; Marc Boucher, 3 years remaining on a four year term ending 2003; Jim Cameron, 2 years remaining on a three year term ending 2002 Planning Commission: Bill Burgess, 3 year term ending 2003 Channel 17 Board: Joan Britt, 2 year term ending 2002 The motion passed unanimously. Mr. Sheahan moved adjournment. Mr. Smith seconded. The motion passed unanimously. The meeting adjourned at 10 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.