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Minutes - City Council - 11/04/2002
City of South Burlington CITY COUNCIL MEETING 4 NOVEMBER 2002 The South Burlington City Council held a regular meeting on Monday, November 4 2002, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: D. O'Rourke, S. Magowan, T. Sheahan, and C. Smith. Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; W. Black, C. Humber, T. Boyle, M. Johnson, J. Nadeau, J. Fay, Rep. A. Audette, and several members of the public. Council Member T. Sheahan assumed the Chair for this meeting. 1. Comments & Questions from the Audience not related to agenda items: T. Sheahan noted the passing of George Sporzynski, a long time resident and member of the Recreation Path Committee and avid biking enthusiast. 2. Announcements & City Manager's Report: Councilor Smith questioned whether the City would consider looking at lightning sensors for Dorset Park. Manager Hafter reported the following: · The City was awarded a $7,800 municipal planning grant to assist in providing an updated traffic overlay zoning district. · The South Burlington Water Department will be shutting off water supply on Thursday November 7, 2002 Dorset Street South. · Work on the Special Assessment District on Spear Street Northeast has begun and a contract is expected to be signed on November 5, 2002 for the Spear Street South section. · He will be attending a workshop on West Nile Virus on November 7, 2002. · He noted that the 2nd installment for tax payments is due November 15, 2002. · He expects the following items on the next agenda: Contract for the Environmental Depot by CSW, Discussion on Airport Expansion, and Executive Director of CCTA expected to discuss CCTA budget, governance, and task force report. 3. Presentation of 2002 Public Space Honor Award for South Burlington Open Space Strategy; Claire Humber, Vermont Chapter of American Society of Landscape Architects (VT ASLA): Acting Chair T. Sheahan introduced Claire Humber of the Vermont Chapter of American Society of Landscape Architects. Ms. Humber referenced the South Burlington Open Space Plan as prepared for the City by T. Boyle and Associates. Terry Boyle was present to accept the award on his behalf and the Council accepted it on the City's behalf. Councilman T. Sheahan relinquished the Chair to Councilman Smith and recused himself from the meeting for the next agenda item. 4. Continued discussion of request from Bill Black, Midas property: C. Hafter reviewed for the Council his interpretation of what the property owner, Mr. Black proposes: 60-foot strip of land exchange on the south boundary of his property for a 60-foot strip between the two buildings on the property, thereby creating two parcels. He reported that staff believes there would be no harm to the city, there would be a marginal advantage, and would benefit from the removal of the Midas sign on the corner of Midas Drive and Williston Road. Following brief discussion and, on motion by S. Magowan, seconded by D. O'Rourke, and voted, the Council agreed with the proposal, authorizing the City Manager to have City attorney draw up the necessary papers to make the land exchange, subject to legal review. Councilman Sheahan returned to the meeting and assumed the Chair. 5. Public Hearing on regulation of water use ordinance; Second reading of same: Acting Chair Sheahan opened the Public Hearing on the regulation of water use ordinance and introduced J. Nadeau, Superintendent of the South Burlington Water Department. J. Nadeau stated that a few comments were received on the ordinance as presented, but he believed that the ordinance as written covers the concerns raised. On motion by D. O'Rourke, seconded by S. Magowan the Public Hearing was closed. Upon further motion by C. Smith, seconded by D. O'Rourke, and voted, the Council waived the second reading and accepted the water use ordinance. Deviating from the agenda, the Council took up agenda item number 7. 7. Approval of contract with Champlain Water District (CWD) to manage and operate the South Burlington Water Department; contract term 2002-2005: C. Hafter gave the Council a brief history of how the governance of the South Burlington Water Department as it evolved into a City Department. He noted that the contract with the Champlain Water District to operate and manage the Water Department has worked well for the City and offers an economy of scale that provides benefits in many areas. Councilman Magowan noted that a schedule of rates and fees needed to be attached as indicated in the contract. Following brief discussion, on motion duly made and seconded, the Council voted to accept the 2002-2005 Contract with the Champlain Water District as presented, the current schedule of rates and fees attached. Council returned to agenda item number 6. 6. Public Hearing on amendment to motor vehicle and traffic regulations, winter parking ban; second reading of same: Acting Chair Sheahan opened the Public Hearing on the amendment to motor vehicle and traffic regulations, specifically the winter parking ban. C. Hafter reviewed for the Council the purpose of this amendment: to clarify that the parking ban is in effect regardless of weather, or predicted weather, between December 1 and April 1. Upon motion duly made and seconded, the Council closed the Public Hearing. Upon motion made by S. Magowan, seconded by C. Smith, to waive the second reading and accept the amendment as presented. Council voted to accept the amendment, unanimously. Rep. A. Audette inquired as to whether the Council had considered a parking ban in the tree belt, lawns, and sidewalks. T. Sheahan suggested that, since parking on sidewalks was already illegal, a reminder of it should be posted in the Other Paper. Having acted on agenda item number 7, above, Council took up the next item. 8. Consideration of approval of 2002 bridge inspection report: Council discussed the 2002 Bridge Inspection Report on the Lime Kiln Bridge. Following brief discussion, on motion by S. Magowan, seconded by C. Smith, the Council acknowledged receipt and its review of the report. 9. Consideration of resolution on zoning regulations; technical correction of section citation: C. Hafter presented for consideration a resolution for a technical correction to zoning regulation regarding zoning permit fees for alterations or interior remodel. The citation of Article XIV, Section 14.40 should be Article XXVII, Section 27.50, he reported. He also suggested a minor language correction by eliminating the word "of" with "or repair, or" as follows: "No permit shall be required for any structural alteration or repair, or interior remodeling project which does not exceed one thousand ($1,000) in construction costs" C. Smith made a motion to approve the technical corrections to the zoning permit as outlined. D. O'Rourke seconded, and upon vote, the Council approved the resolution. D. O'Rourke suggested that in the near future City staff should evaluate the limit of $1,000 and changing it upward to reflect inflation. 10. Review agenda for Development Review Board meeting to be held on Tuesday, November 5, 2002: No comments were noted. 11. Review and approve minutes from City Council meetings held in September 24 and October 21, 2002: On motion by S. Magowan, seconded by C. Smith, the Council voted to approve minutes of October 21, 2002, as presented. Action on the September 24, 2002 minutes was deferred until next meeting. 12. Sign disbursement orders: Disbursement Orders were presented for signature. 13. Reconvene as Liquor Control Board to consider second-class liquor license for Cocomart, Inc. d/b/a Jiffy Mart, 110 Kennedy Drive: On motion by S. Magowan, seconded by C. Smith, the Council adjourned to reconvene as the Liquor Control Board. Following brief discussion, on motion by C. Smith, seconded by D. O'Rourke, the Board voted to grant the second-class liquor license to Cocomart, Inc. doing business as Jiffy Mart at 110 Kennedy Drive. 14. Consider entering executive session to discuss litigation: At 8:15 p.m., upon motion duly made and seconded, the Council voted to adjourn and reconvene in executive session to discuss litigation. 15. Regular session: At 9:15 p.m. the Council returned to regular session. There being no further business, C. Smith moved to adjourn, seconded by D. O'Rourke, and voted unanimously. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.