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HomeMy WebLinkAboutMinutes - City Council - 02/22/2005CITY COUNCIL 22 FEBRUARY 2005 The South Burlington City Council held a regular meeting on Tuesday, 22 February 2005, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; S. Magowan, D. O'Rourke Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; J. B. Hinds, Director of Planning & Zoning; B. Hoar, Director of Public Works; S. Stitzel, City Attorney; J. Nadeau, CWD; C. Taber 1. Comments & Questions from the Audience, not related to agenda items: No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter: Received a notice from GBIC and the Governor that a Chittenden County Economic Forum will be held, 7 March, 10 a.m.-Noon. The Legislative breakfast will be held on 7 March, 7:30 a.m. The Council meeting of 7 March will include a report on proposals for the Southeast Quadrant Zoning, Sign Ordinance amendments, and a presentation on the siting of a new Police Department facility. On 9 March, the first public information meeting on the Stormwater Ordinance will be held from 5-6:30 p.m., at City Hall. 3. First Reading of Amendments to an Ordinance Regulating Sanitary Sewer and Stormwater Systems and scheduling of public hearing of same: Mr. Magowan moved to waive reading of the proposed amendments. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Stitzel noted that historically stormwater was addressed in the Sewer Ordinance. What is proposed now is to split out stormwater and address it more comprehensively. To accomplish this, new definitions have been added; in addition, the Ordinance has been updated to insure that what relates to sewer is consistent with new stormwater regulations. The new stormwater regulations accomplish two things: they set up regulatory procedures for stormwater in the city, and they establish a fee on property owners who have 500 sq. ft. or more of impervious soil on their properties. Ms. Hinds noted there are some minor changes that still need to be made, and she will contact the City Attorney to address these. These changes include assuring that the definition of "affordable housing" is consistent with the definition in the Zoning Regulations, addressing unwieldy procedures on p.29, Section "e," etc. Mr. Stitzel noted that Article 7, Inspection and Enforcement will have some added provisions. Article 5 will address regulatory aspects, and Article 6 will relate to fees. Article 5 sets out the aim of the new regulations, specifically to protect waters of Vermont and the United States. It explains how stormwater enters State or U.S. waters and addresses what happens from the point of impact, wherever that is, until stormwater enters State of U.S. waters. Basically, rain flows on parking lots, gets channeled into a drainage system, and picks up sediment along the way that changes its quality. The city is looking to address that change in water quality by city-constructed improvements. There are provisions for how the city will deal with what is added to stormwater during its overland flow. The regulations will say that the character of stormwater cannot be changed/altered without the obtaining of a permit. If applicants don't meet the conditions of a permit, it will be a violation. Mr. Condos asked about expired permits. Mr. Stitzel said the State is requiring expired permits to be renewed. Ms. Hinds added that there are provisions to allow people to deal with existing problems. Mr. Stitzel explained that Section 5 indicates what can be discharged into the public stormwater system, specifically: stormwater, landscape irrigation, diverted stream flows, authorized specific discharges necessary to protect health and safety, dye testing (with verbal notification), and any non-stormwater discharge permitted with a NPDES permit. Ms. Hinds stressed that the regulations do not prohibit private car washing and do not compel people to do anything to their sites unless there are illicit discharges. Mr. Stitzel defined "illicit discharges" as non-stormwater discharges (changing the oil from a car and dumping it into a catch basin, etc.) Ms. Hinds said this is vital in order to comply with federal law. Mr. Stitzel added that the city couldn't allow existing illicit discharges to continue. Section 6 authorizes the Stormwater Superintendent to come up with best management practices to address illicit discharges. People who own property through which any watercourse passes must keep that part of the watercourse free of debris, etc. Ms. Hinds noted there are now some very serious situations that have until now not been enforceable but will become enforceable with this Ordinance. Mr. Stitzel noted that many swales in subdivisions in the city, even though they may be private, are shown on a plat. So it is clear what the original intent was. Mr. Stitzel noted that it is hard to enforce a zoning ordinance. It is much more effective to enforce freestanding ordinances. Section 7 of Article 6 says it is a violation to intentionally damage stormwater system improvements. Article 7 relates to inspection and enforcement. It allows the city get a search warrant to inspect a property. Section 2 of this article relates to administrative enforcement with administrative remedies. There is also an appeals process. Mr. Condos drew attention to some numbering inaccuracies. Mr. Stitzel said there are provisions for suspensions/revocations of the right to discharge into the city's system. If a person does not perform the remedies the City has asked for (doesn't remove debris, for example), the City can go in and remove the debris and charge a lien against the property. Ms. Hinds then explained the fee system. A user fee is based on an equivalent residential unit (ERU. She asked that the words "annual basis" be changed to "periodic basis" in this section. The total revenue received should be sufficient to fund the city's stormwater program. Mr. Hafter explained that the fee would be established through a separate resolution; this makes it easier to amend. Ms. Hinds then explained how ERU's are established based on the amount of impervious surface on each parcel in the city. A "tier factor" is then determined. Ms. Hinds explained how this would work as well. There is one number for all single-family residences (except condo complexes). Most condo complexes come out with a lower number than single family residences. Mr. Hafter noted there would be an amendment that will set up a Stormwater Appeals Board (instead of having the City Council serve in this capacity). This Board will include the City Manager, Public Works Director, and a City Council designee. Mr. Hafter then distributed language to address how funds are allocated if someone doesn't pay his/her full bill. He also noted that on p.7 the word "divisions" should be used instead of "department" in 2 places. Ms. Hinds then referred to the user fee credit system. There are several types of credits, which would result in a different percentage of credit. The standards for credits are the same as State standards. Credits cannot exceed 50%. Mr. Condos noted that South Burlington has been working on this since December 2000. The City is a leader in this area. Mr. Condos also stressed that this ordinance is to protect the source of public drinking water, recreation waters, etc. Mr. Taber asked if the Ordinance will be on the city's website. Mr. Hafter said absolutely. Mr. O'Rourke then moved to approve the First Reading as amended above and schedule a public hearing for 21 March 2005. Mr. Magowan seconded. Motion passed unanimously. Mr. Hafter noted that fees would be reflected in bills as of 1 July 2005. 4. Review Minutes of 7 February 2005: Mr. Magowan moved to approve the Minutes of 7 February as written. Mr. O'Rourke seconded. Motion passed unanimously. 5. Sign Disbursement Orders: Disbursement Orders were signed. 6. Liquor Control Board: Mr. Magowan moved the Council adjourn and reconvene as Liquor Control Board. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Hafter presented applications for 2005 annual liquor license renewals. He noted that the application for Champlain Oil was removed because one member of the Board has a conflict of interest so there could not be a majority for approval. Licenses being renewed were: Gracey's Liquor Store, Gracey's Store, Interstate Shell, and Healthy Living. A new license application from Charlie's Steak House was also considered. Mr. Magowan moved to approve the license renewals and the new license as presented. Mr. O'Rourke seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 9:10 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.