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HomeMy WebLinkAboutMinutes - City Council - 06/20/2005CITY COUNCIL 20 JUNE 2005 The South Burlington City Council held a regular meeting on Monday, 20 June 2005, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; D. O'Rourke, S. Magowan, M. Boucher Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; J. B. Hinds, Director of Planning & Zoning; Chief L. Graham, Police Department; Chief D. Brent, G. Rounds, Fire Department: S. Stitzel, City Attorney; A. Rowe, S. Fowler, L. Llewellyn, C. Shea, P. Stabler; A. Parent, The Other Paper; Free Press 1. Comments & Questions from the Audience not related to Agenda Items: No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter: The GBIC Annual Meeting will be tomorrow at Noon at the Windjammer. The retirement dinner for Bob Hawke will be Thursday, 6:00 p.m., at the Sheraton. The VLCT Legislative wrap-up will be held on 24 June in Burlington. CCTA Board meeting, 28 June, 5 p.m. The next City Council meeting will be on 18 July and will include appointments to Boards & Commission, and the public hearing/adoption of a no parking ordinance. Reappraisal in the city began in April with condominiums. Single family homes will be reappraised during June-September and commercial properties from July-October. Mr. Condos reminded taxpayers that the reappraisal will be revenue neutral. 3. Appointments to Regional Boards and Commissions: The Council considered appointments to 6 regional boards/commissions as follows: Metropolitan Planning Organization (MPO) -- incumbent Jim Condos and alternate Dan O'Rourke expressed willingness to serve another 2-year term Regional Planning Commission -- incumbent Terry Sheahan has expressed interest in serving through August. Chris Smith has been the alternate Channel 17 Board -- incumbent Dennis Gravelin expressed willingness to continue as representative (no fixed term) UVM Liaison -- Dan O'Rourke expressed interest in assuming this position which had formerly been held by Terry Sheahan (no fixed term) Chittenden Solid Waste District -- incumbent Paul Stabler and alternate Jim Condos expressed willingness to serve another 2-year term Chittenden County Transportation Authority: three-year term not up until June 2006, incumbents Bill Wessel and Chuck Hafter Members agreed to leave the Regional Planning Commission appointment open until August. Mr. Boucher moved to approve the appointments to Regional boards and commissions as indicated above. Mr. O'Rourke seconded. Motion passed unanimously. 4. Consideration of approval under Interim Zoning for the Southeast Quadrant Zoning District of two proposed subdivisions: (1) SD-05- 45, J. Larry and Leslie Williams, 4 lots, Dorset Street; (2) SD-05-47, Charles & Patricia Shea, 4 lots, Nowland Farm Road; related infrastructure request from Charles Shea: Ms. Hinds advised that there is now a draft of a zoning map and zoning by-laws. Because of interim zoning by-laws, the 2 requests come to the City Council under Conditional Use criteria before going to the Development Review Board. The DRB saw a sketch plan of the Williams proposed subdivision. It is consistent with subdivision and PUD regulations. Ms. Hinds noted it is likely that this property will be upgraded for number of allowable units. There are wetlands that would reduce the ultimate number of units. Ms. Hinds felt there was no reason not to allow the applicants to proceed. Mr. Llewellyn noted the road will be a public road from Dorset Street heading east. Mr. Magowan moved to close the public hearing. Mr. Boucher seconded. Motion passed unanimously. Mr. Magowan moved to approve Conditional Use Application #SD-05-45 of J. Larry and Leslie Williams as presented. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Magowan stepped down during the next hearing due to a conflict of interest. Ms. Hinds advised that the Shea application had been approved by the DRB. This would be a reapproval. Staff has no problem with the conditional use. Mr. Boucher moved to close the public hearing. Mr. O'Rourke seconded. Motion passed 3-0. Mr. Boucher moved to approve Conditional Use Application #SD-05-47 of Charles and Patricia Shea as presented. Mr. O'Rourke seconded. Motion passed 3-0. Mr. Shea then explained an issue that has arisen regarding sewer hook-up: When the golf course was constructed, the city took the road and now owns 60' of right-of-way. The property to the north is owned by J. MacDonald. Mr. Shea showed where sewer hook-ups could occur. One location is owned by the city, the other by MacDonald. MacDonald's road and sewer system are not yet accepted by the city. The Sheas desire to hook onto the MacDonald system and were told to get a letter from MacDonald saying this is acceptable to them. MacDonald is OK with this providing the city will not use this to deny acceptance of the utilities and road. Mr. Shea said this has been reviewed with Bruce Hoar who said it is acceptable to him. Mr. Shea then asked the Council to pass a resolution to agree to sign a letter approving this arrangement. He can then get a wastewater permit from the state. Mr. Hafter said the City Attorney has reviewed this. He said there is no compulsion for the city to agree to this, but there is also no cost to the city, so the city is agreeable. The agreement will cease when the road and system are accepted by the city. Mr. Shea said he has heard that when MacDonald gets all his streets in, he will apply to get them designated as city streets. Mr. O'Rourke moved to authorize the City Council Chair to sign and agreement with Highland Development and the Sheas. Mr. Boucher seconded. Motion passed 3-0. Mr. Magowan rejoined the Council 5. Consideration of approval of contract with K. R. Adams for Fire Station #1 Improvements: Chief Brent said they had 3 responses to the RFP. Two of the three were above the available amount. K. R. Adams was $11,000-12,000 under that amount. The Chief said they have checked on this company. They are out of Milton and have done several fire stations. The chiefs of those stations said they did good work. There is a committee that has met with the design/build team. He recommended awarding the contract to K. R. Adams and Scott & Partners, architect. Chief Brent showed some drawings of the proposed work. The addition will be 40'x80' across the back of the station. Mr. O'Rourke asked if they have kept in mind the potential use of adjacent property by the Police Department. Chief Brent said they have. He added that work would begin in early August and finish by 1 January 2006. Mr. Magowan moved to authorize the City Manager to finalize and sign a contract with K. R. Adams in an amount not to exceed $565,000. Mr. O'Rourke seconded. Motion passed unanimously. 6. Consideration of approval of Amendment to Cooperative Agreement #6, S.B. NH121-1(1), Kennedy Drive: Mr. Hafter said the city's share of this is $230,000. Mr. Magowan moved to approve the Amendment as presented and authorize the City Council to sign it. Mr. O'Rourke seconded. Motion passed unanimously. 7. Consideration of approval of Notice of Award, Agreement and Notice to Proceed on Kennedy Drive Improvement Project: Mr. Magowan stepped down during this discussion due to a conflict of interest. Mr. Rowe said three bids were received on 24 May. Munson Earth Moving was the low bidder at $8,493,697. This is more than the estimate, and the increase in funding has been approved. The city can now let Munson construct. Mr. O'Rourke moved to approve the Notice of Award and Agreement & Notice to Proceed on the Kennedy Drive Improvement Project as presented. Mr. Boucher seconded. Motion passed 3-0. Mr. Magowan rejoined the Council. 8. Consideration and Approval of Cooperative Agreement for South Burlington STP EHOS(11), San Remo Drive: Ms. Hinds said the agreement covers sidewalks, street lights, and street trees. It does not include paving or underground power. Mr. Magowan moved to approve the Cooperative Agreement as presented. Mr. O'Rourke seconded. Motion passed unanimously. 9. Consideration of Approval of Contract with Jacunski Humes, Architects, for Phase II design of Police Facility: Mr. Hafter said two options were considered, (1) having only the Police Station on the current City Hall/Police Station site, (2) having both Police Station and City Hall on the site. A meeting was held with over 100 residents attending. The overwhelming sentiment was that City Hall should be located in the City Center, so option #2 has been dropped and there will be only the Police Station on the current site. Mr. Magowan moved to authorize the City Manager to sign the contract with Jacunski Humes, Architects for design of the Police facility. Mr. O'Rourke seconded. Motion passed unanimously. 10. Consideration of Approval of Capital Equipment Refunding Note and Resolution for Remote Radio-Metering System: Mr. Hafter said the City Attorney recommends paying off the note at this time. Mr. Magowan moved to approve the Capital Equipment Refunding Note and Resolution for Remote Radio-Metering System as presented. Mr. O'Rourke seconded. Motion passed unanimously. 11. Consideration of Entertainment License -- Special Event Permit for Vermont Children's Theater on Ice (Circus Smirkus): Mr. Hafter said this is the 4th year for this event with no previous problems. A condition will be added to the permit requiring Fire Department approval of the tent set-up prior to the performance. Mr. Magowan moved to approve the Entertainment License for Vermont Children's Theater on Ice (Circus Smirkus) as presented and with the above condition added. Mr. O'Rourke seconded. Motion passed unanimously. 12. Entertainment Special Event Permit: Party in the Park for Alex: Mr. Hafter said the event will be on 17 June to benefit a South Burlington youth with leukemia. This has been approved by the Recreation Department who advise there are no other events scheduled in the park for that date. Mr. Hafter also advised that he has waived the license fee for this event as has been done for similar events in the past. Mr. Magowan moved to approve the Special Event Permit for Party in the Park for Alex as presented. Mr. Boucher seconded. Motion passed unanimously. 13. Review Minutes of Organizational Meeting, 6 June 2005: Mr. Magowan moved to approve the Minutes of the Organizational Meeting of 6 June 2005 as presented. Mr. O'Rourke seconded. Motion passed unanimously. 14. Review Minutes of Regular Meeting of 6 June 2005: Mr. Magowan moved to approve the Minutes of the Regular Meeting of 6 June 2005 as written. Mr. O'Rourke seconded. Motion passed unanimously. 15. Sign Disbursement Orders: Disbursement Orders were signed. 16. Liquor Control Board: Mr. Boucher moved the Council adjourn and reconvene as Liquor Control Board. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Hafter presented a Liquor License request from Rosita's Mexican Restaurant, 7 Fayette Road and an Outside Consumption Permit for Rosita's Mexican Restaurant, 7 Fayette Road. Mr. Fowler said they propose to open next Sunday. Mr. Hafter said both permits are in order. Mr. O'Rourke moved to approve the Liquor License and Outside Consumption Permit for Rositas' Mexican Restaurant, as presented. Mr. Magowan seconded. Motion passed unanimously. 17. Executive Session: Mr. Magowan moved the Board adjourn and reconvene as City Council in Executive Session to discuss real property acquisition and appointments. Mr. Boucher seconded. Motion passed unanimously. City Council returned to regular session. Having taken no action, on motion to adjourn by Mr. Magowan, seconded by Mr. O'Rourke, the meeting adjourned at 9:45 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.