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HomeMy WebLinkAboutMinutes - City Council - 11/06/2000CITY COUNCIL 6 NOVEMBER 2000 The South Burlington City Council held a regular meeting on Monday, 6 November 2000, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members present: J. Condos, Chair; T. Sheahan, C. Smith, S. Magowan Also present: C. Hafter, City Manager; P. Bestenbostel, Asst. City Manager; J. Weith, Director of Planning & Zoning; R. Belair, Zoning Administrator; S. McCallum, B. Hoar, C. Lambert, A. Voldman, M. Wiener, G. Hopwood, S. O'Brien, S. Rendell, F. Mazur, M. Morcelli, J. Hannah, K. Donoghue, M. Mazur, A. Timm, C. Miller, M. Beaudin, S. Compton, B. Bahrenberg, B. Eckhart 1. Comments & questions from the public, not related to agenda items: a. Mr. Condos noted that Joe Weith will be leaving the city for another position. A presentation was made to him for his years of service. Mr. Weith said South Burlington is a good place to be a planner and he has always felt he got support from the Council and the community. b. Residents raised issues of traffic concerns on Old Farm Rd. Ms. Voldman said the more the city grows, the more cars cut through Old Farm Rd. She said they would ultimately like to see the road dead ended, but that is not possible now. In the meantime, they want to slow traffic down. She asked if the city would consider a "neck-down." She felt it is only a matter of time until there is a serious accident. She also noted there is a problem at the bottom of the road at Hinesburg Rd. There have been many accidents there, including a multi-car accident recently. Ms. Wiener said it is dangerous to pull out in the morning rush hour and she herself was involved in what could have been a real tragedy involving a school bus. People coming up the road are going well over the speed limit. This problem has gotten much worse in the last 6 months. Mr. Hopwood said he lives just south of the brow of the hill. He noted the mailman is scared to stop at their mailbox because he might get rear-ended. Ms. O'Brien said even if people are going at the speed limit, other people are passing them. Mr. Condos said it would be hard to find a location for a "neck-down." The city would consider other traffic calming devices such as Burlington is using. He noted that speed is a problem throughout the city. He also noted that the city has let a contract to make Kennedy Drive more efficient. Perhaps it would be good to talk to the state about Kennedy Drive/Hinesburg Road. Mr. Condos also noted that an access management study is being done for the Airport to try to figure out where traffic is coming from. Mr. Sheahan asked if there is a recent traffic count for Old Farm Road. Mr. Hafter said the intersection is much worse than it used to be. Mr. Condos noted that Hinesburg Rd. is a state road and that limits what the city can do. Mr. Hafter suggested the possibility of a small island at Hinesburg/Old Farm that might slow traffic down. Mr. Condos said there is a future plan to dead end Old Farm Rd. There would be a new road from the top of the hill to a 4-way intersection at Hayes Avenue. This can happen only if O'Brien develops their land. Mr. Hafter said the city will do a study of the problem and meet with neighbors in February or do. A resident noted there are no shoulders on the road and there are lots of high school joggers. Trucks also don't pay attention to the truck ban. Ms. Rendell said the Burlington crosswalks are aesthetically pleasing but don't really slow traffic down. She felt neck-downs are more effective. Mr. Condos suggested checking on accident numbers at the intersection. Mr. Magowan also suggested looking into bigger speed bumps. Mr. Hafter noted that on Wednesday there will be a meeting at Williston Town Hall regarding traffic calming. A number of South Burlington people will attend. c. Mr. Mazur reported on a survey he conducted during the election. He noted people seem to favor school choice. People were divided on whether the state should cap school budgets. People seemed to favor continuing the Circ Highway. Three out of 4 people felt the Free Press does not give adequate coverage to issues. The survey was based on 200 responses. Ms. Morcelli said that research shows school choice will take away some of the best students. She felt it needed to be studied very carefully. 2. Announcements/City Manager's report: Mr. Smith sat in on a strategic planning meeting for the education group. The Steering Committee's piece on Act 60 has come out. Heard from a number of people that Fletcher Allen is trying to rent parking at Digital and the Airport. He felt the City should look at that. Mr. Hafter said he has met with them. Mr. Condos said this will even affect Old Farm Road. Mr. Hafter said he told them this may require an amendment to the Technology Park site plan. Mr. Sheahan: A draft of the Regional Plan update should be ready about 1 December. It will be reviewed with communities, and there will be a 6-week comment period. Comments will then be incorporated into another draft that will be followed by a public hearing. Mr. Hafter: Focus groups for the aquatic/community center facility will meet on Wednesday and Thursday. The next meeting on the Comprehensive Plan will be on 14 November. Mr. Hafter gave members a copy of the time-line for approval. The Coalition of Municipalities will meet on 15 November at 1 p.m. There will be a meeting on 16 November at VLCT regarding the location of U. S. Post Offices. Mr. Hafter will attend. On 16 November, there will be a presentation on Regional Plan demographics for the next 20 years in the Flynn Space, 7 p.m. There will be two series of legislative breakfasts, one by the Chamber on the second Mondays of the month ($40 cost) and the other on the first Mondays of the month in South Burlington (free to City Council members). Members agreed to keep the next Council meeting at the 20 November date. 3. Report from Dubois & King on suitability of Southland site for passenger rail station; discussion of alternatives: Mr. Hanna said they have looked at the site, all permits, railroad design criteria and development plans for the area. He showed the area that could best accommodate a railroad station but noted that the new Lowes building takes up a major portion of the lot. There is also a class 2 wetland and a retention pond for Hannaford. This limits the area that could be used for a station. Mr. Hanna then showed the proposed design for a station. There would be parking for 20 cars plus area for a bus turn-around. In the Southland location, the access road would have a 6.2% grade. There are also Act 250 limits on the number of cars that can pass through the intersection. Cost estimates are $780,000, which does not include permitting, wetland mitigation, etc. Total cost could be about $1,000,000-$1,200,000. Because of wetland issues, the current permit would have to be amended, and they would have to show there is no more suitable site for the station in South Burlington. There would also have to be mitigation for the wetland. Mr. Mazur asked if Lowes could have a station attached to their building. Mr. Hanna said probably not. There would be significant engineering concerns. Lowes' plans also call for a delivery area behind the building, and that would eliminate traffic movement. Mr. Timm asked the average cost of a station on this line. Mr. Miller said the one in Shelburne cost $420,000. Mr. Donoghue asked if parking for 20 cars would be enough if the train is a success. If the train isn't a success, he felt $1,000,000 is too much to pay. Mr. Miller said he is not happy about 20 cars. He felt parking needs throughout the country have been grossly underestimated. He said another concern with the Southland location is that there is no room for expansion. Mr. Beaudin suggested looking at a bridge over the railroad track. Mr. Condos said he felt the Southland site is prohibitive and they should look at other sites now. Mr. Miller noted that the white paper identified several other possible sites. He said he would like to ask for a temporary station in South Burlington until other sites can be assessed. He stressed that the train begins running on December 4th. Mr. Miller said the Magic Hat site would work as a temporary station. There is existing parking. The station would be like a bus shelter. Mr. Smith asked what the timeframe would be. Ms. Crampton said an additional study would take about 6 months to complete. She felt they could identify a permanent station site by June 1st. There would then be a year required for planning, so construction would begin in June, 2002. Mr. Sheahan said he was not comfortable putting up a temporary station until a permanent site is chosen. Mr. Beaudin said that Southland is the first shopping center you come to in South Burlington in that corridor. He felt that whatever it costs the station should go there. Residents of the area expressed concern about adding traffic to the Magic Hat location. Mr. Magowan said there wouldn't be more traffic than when Grossman's was on that site. Ms. Bahrenberg said she would feel bad if the train was going by and she didn't have the chance to get on it. A member of the audience asked the price of a train ride. Mr. Miller said that from December through April it will be free. Then it will be $1.00 a ride. They are also working on a seamless transfer to CCTA buses in Burlington. Mr. Miller said the state has spent millions of dollars to accommodate the city of South Burlington, including having a separate MOU with the city. He felt the city's residents should have access to the train. Mr. Smith said he felt some things should be taken off the table and moved to agree with the recommendation that Southland does not work as a permanent site. Mr. Magowan seconded for purposes of discussion. Mr. Magowan then said he didn't agree with taking it off the table. He felt it is the best location, and if it is at all possible, the station should go there. Mr. Sheahan agreed. He said he wasn't sure $1,200,000 was unreasonable. If it's still identified as the best site, that is where it should be. Mr. Magowan asked about a parking garage possibility. Mr. Miller said anything is possible if you want to put the resources to it. A garage would mean a cost of $50,000 per parking space. Mr. Sheahan said he would like to see a study done to identify a permanent location before a temporary station is built. He wanted to be sure something gets done, and that is the only way he would be comfortable. Mr. Miller stressed VTrans' willingness to work with the city and asked the city to trust them to complete work in a timely period. Mr. Hanna added that there are things they can't do when there is a foot or more snow on the ground. He stressed that there are no perfect sites; what they are looking for is the best location with the least impact. Mr. Miller said they are willing to stipulate that if they don't meet S. Burlington's requirement to site a permanent station within 18 months, they will remove the temporary station. This agreement would become part of the MOU. They would also commit to build within 2 years. Mr. Eckhart asked why they can't put a temporary station somewhere else. Mr. Condos said Magic Hat is a willing landlord, there is already parking and easy access. Another resident said they should wait to see what the best site is. He noted that Bartlett Bay people didn't want the station there in the first place. Mr. Beaudin felt that because of road construction, Magic Hat might be a hard location to get to. Mr. Miller said that's why they want to be out of there in 18 months. Mr. Condos stressed that these particular VTrans people have been very cooperative with the city. They are now willing to look at other sites and are asking for a temporary station while they do this. Mr. Eckhart asked about the Holmes Rd. location for a temporary station. Mr. Condos read from the report on that site. It was ruled out because of wetland impacts. The state is willing to look at it again. An audience member felt that once there is a temporary station, it will become permanent. Mr. Magowan said he would be comfortable with an agreement to have a station built on a permanent site in 2 years. Another audience member wanted an estimate of ridership. He felt 5 parking spaces would be enough. Ms. Crampton said they don't have ridership estimates broken down by community. There is an annualized ridership projection and some information from a study done by the MPO a year ago. She was willing to provide that information to the city. An audience member felt it doesn't make sense to get off at Magic Hat if you're going shopping at Southland, then having to go up and down the road anyway. Ms. Tarback was concerned there wasn't enough room to turn buses around at Magic Hat. Mr. Condos noted they used to turn trucks around there when it was Grossman's, so there is room. Mr. Sheahan then moved that the City of South Burlington approve the siting of a temporary station upon the delivery of a VTrans engineering study relative to the feasibility of siting a permanent facility. At such time as the determination is made by the City Council as to the location of a permanent station, the temporary location will be permitted to operate for a period of 18 months as stipulated in an amendment to the MOU. Mr. Smith seconded. Mr. Magowan cited the increase in traffic on Shelburne Road and noted that most are single people driving their cars. He felt that as this continues, it will destroy the area we live in for our children and grandchildren. He felt the state's offer allows the city to control the engineering study and guarantees a permanent site in 2 years. He didn't feel the city should wait on this and should do anything it can to cut down traffic on Shelburne Rd. He felt people shouldn't just act on a "neighborhood basis" but on a "community basis." He then suggested an alternative motion: that the city accept the temporary station on the condition that the permanent station is built within 2 years and with the further condition that if significant activity has not occurred within 6 months to site a permanent station, the city can pull the temporary station. There was no second to this motion. Mr. O'Rourke said he was comfortable with Mr. Magowan's motion. Mr. Smith said he was too, if it is enforceable. Mr. Condos noted that the city's discomfort goes back to a Supreme Court decision on a zoning issue. He noted that the City Attorney had said a contract would be enforceable. Mr. Sheahan stressed that he wanted to be sure the wheels are turning before a temporary facility is sited. Mr. Magowan said what he had heard at this meeting didn't give him reason to doubt the state. Mr. Condos felt the city should do everything it can to make the commuter rail a success. Members then voted on Mr. Sheahan's original motion that was defeated 1-4 with Messrs. O'Rourke, Smith, Magowan and Condos opposing. Mr. Magowan then moved that the City Council recommend that VTrans go to the Development Review Board to take the necessary steps to open a temporary station with the understanding that there will be a survey done for selection of a permanent site within 6 months and the MOU between the City of South Burlington and the State will reflect that the temporary station will be removed if there is not a permanent site within 2 years, with all dates to run from December 4th or upon DRB approval, whichever is later. The state will also be required to provide a concrete sidewalk to cross the tracks by June 1, 2001. Mr. O'Rourke seconded the motion which was then passed 4-1 with Mr. Sheahan opposing. Mr. Audette suggested monthly meetings with the state with Council members attending. 4. Public hearing on amendment to Sign Ordinance, Section 21(M), to exempt free-standing signs for post-secondary educational institutions under certain conditions; second reading of same: Mr. Condos read the amendment and opened the public hearing. There was no public comment. Mr. Magowan moved to close the public hearing. Mr. Sheahan seconded. Motion passed unanimously. Mr. Magowan moved to approve the second reading and sign the amendment as presented. Mr. Sheahan seconded. Motion passed unanimously. 5. Public hearing on proposed uses of local law enforcement block grant program: Capt. Hawke reported that the Police Department has been awarded $36,508 from the federal government to be used for dealing with more serious crimes. The Department recommends spending this money for: replacement of communications equipment, digital mug shot camera, an upgrade of information systems, and community policing projects. No issues were raised. Mr. O'Rourke moved to close the public hearing. Mr. Sheahan seconded. Motion passed unanimously. 6. Public hearing on city application to VTrans for Enhancement Grant to replace and recondition trees on Dorset St: Mr. Condos noted that trees planted on Dorset St. have died or are dying. Mr. Hoar said this is due to salt and soils. The city has applied for $49,000 with the city to provide matching services for a total project of $74,950. Mr. Hafter said he strongly supports the grant. He said the city worked hard to care for the trees, but there were some species planted that were not as salt tolerant as thought. Mr. Lambert said they will look for more salt tolerant species based on what is doing well in the area. Mr. Magowan moved to close the public hearing. Mr. O'Rourke seconded. Motion passed unanimously. 7. First reading of amendment to Sign Ordinance, Section 16, Temporary Signs, to clarify time limit for temporary banners: Mr. Belair reviewed the history of the amendment. He noted that Dick Ward had interpreted the ordinance to mean that temporary banners could be up for 7 days once a month. This interpretation has been working well and they would like to formalize that language. Mr. Sheahan asked if this has to be enforced often. Mr. Belair said it does but there has been a reduction in illegal signs. Mr. Donoghue asked whether "help wanted" signs could be exempted from this amendment. He noted that it is hard to get help these days and some businesses can't afford to advertise in the newspapers. Members felt there should be more discussion on this. Ms. McCallum felt it would open a potential can of worms. Mr. Condos said if they did make an exception, it would have to be for a much smaller sign. Mr. O'Rourke moved to approve the first reading and schedule a public hearing on 4 December. Mr. Sheahan seconded. Motion passed unanimously. 8. Consideration of letter from city attorney on state preemption of pesticide regulation; discussion of future options: Ms. McCallum noted that they had asked for an opinion last spring but just received it. The City Attorney said that state law has preempted the ability of a local government to regulate pesticide use. Ms. McCallum said the Natural Resources Committee wants to do more research on this and asked to put the issue on hold. Mr. O'Rourke said he was not comfortable with the proposed ordinance. If the purpose is to educate people about pesticides, he did not think an ordinance was the way to do this. 9. Consideration of request from Vermont Congressional Delegation to join the amicus brief to U.S. Supreme Court regarding Citizens for Appropriate Placement of Telecommunications Facilities (Charlotte, VT) v. FCC: After a brief discussion, Mr. Magowan moved that the city participate in the amicus brief. Mr. Sheahan seconded. Motion passed unanimously. 10. Consideration of approval of refunding notes and related documents for John Deere tractor, pickup truck, and sewer vacuum: Mr. Hafter said the notes are at 4.95%. Mr. Sheahan moved to approve the notes and resolutions. Mr. Smith seconded. Motion passed unanimously. 11. Resolution regarding Grant Administration: Mr. Condos noted that since Joe Weith has left city employment, a new designation for administrator is needed. Mr. Hafter read the proposed resolution and agreed to serve as administrator. Mr. Magowan moved to approve designation of Chuck Hafter as grant administrator. Mr. Sheahan seconded. Motion passed unanimously. 12. Consider DRB agenda for 7 November 2000: No issues were raised. 13. Review minutes of 7 August and 16 October: The minutes of 7 August were not available. Mr. Sheahan moved to approve the minutes of 16 October as presented. Mr. O'Rourke seconded. Motion passed unanimously. 14. Sign Disbursement Orders: Disbursement Orders were signed. Executive session: Mr. Magowan moved the Council meet in executive session to discuss contract negotiations and to resume regular session only for the purpose of adjournment. Mr. Sheahan seconded. Motion passed unanimously. Regular Session: The City Council returned to regular session. Mr. Sheahan moved adjournment. Mr. Smith seconded. The motion passed unanimously. The meeting adjourned at 11:20 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.