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HomeMy WebLinkAboutMinutes - City Council - 03/21/2005CITY COUNCIL 21 MARCH 2005 The South Burlington City Council held a regular meeting on Monday, 21 March 2005, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; T. Sheahan, D. O'Rourke, C. Smith Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; J. B. Hinds, Director of Planning & Zoning; S. Stitzel, City Attorney; A. Parent, The Other Paper; Channel 17; Burlington Free Press; D. McBee, C. Tabor, J. Zaitz 1. Comments & Questions from the Audience not Related to Agenda Items: No issues were raised. 2. Announcements & City Manager's Report: Mr. Sheahan: Regional Planning Commission meeting, 28 March, 6 p.m. Ms. Hinds asked Mr. Sheahan to ask why the RPC didn't send anyone to the City Center planning event. Mr. Condos: UVM Campus Master Planning meeting, 30 March, 7 p.m. at Dewey Lounge. Mr. Hafter suggested an invitation to that meeting should go to all residents along Spear Street. Mr. Hafter: CCTA Board, 23 March, 5 p.m. at Burlington Public Works Building Mr. Hafter congratulated Ms. Hinds and her staff for the City Center workshops, which he felt, were exceptional. He said they are close to getting consensus on what to do. The next agenda will include discussion of a community development block grant and a policy for use of the recreation fields. 3. Approval of Family Day Proclamation for Partnership for Youth & Community Empowerment: Mr. Condos read the proclamation. Mr. Sheahan moved to approve the proclamation as read. Mr. O'Rourke seconded. Motion passed unanimously. Mr. McBee thanked the City Council for this action. 4. Public Hearing of Amendment to Ordinance Regulating the Use of Public and Private Sanitary Sewerage Systems to Incorporate Stormwater Services Division and Stormwater Regulations; second reading: Ms. Hinds noted there have been 2 of 3 scheduled public information meetings on this amendment at which some good questions were asked. Ms. Hinds added this would cost a lot more if it were added to the property tax instead of being paid for on utility bills. Mr. Hafter noted that the City Council has the authority to set fees. Mr. O'Rourke asked if it would be possible to establish special finance districts to deal with anything major that is found and that needs to be dealt with. Ms. Hinds said it is very unusual for stormwater utilities to expand. Big projects are usually shopped out. Mr. Tabor of Stonehedge South said there are areas outside of their development that deliver water into their system, and they are being burdened to upgrade their system to accommodate this water. He asked what type of financial remuneration they would get for this. Mr. O'Rourke said the type of improvement Mr. Tabor is talking about would have to be made whether or not this utility existed. Mr. Hafter said what the utility does is to give the city the right to take that system over and maintain it once it has been brought up to standard. Ms. Hinds added that these are engineering issues, which the city is willing to sit down and work out. With the establishment of the utility, there will be people available to offer this help. Mr. O'Rourke said if the neighboring property owners have changed the water flow, Stonehedge may have some rights. Mr. Condos added that the City has no right to go to those residents and force them to contribute. Mr. Hafter said there could possibly be a special assessment district with everyone in the area paying into it. Mr. Zaitz read a statement in which he said he was bothered by how this was being funded and suggested using a property tax surplus if there is any. He was concerned that other departments will get the idea to start charging fees. Mr. Hafter noted that 22% of the property in Burlington does not pay property tax, and that represents 29% of the impervious area in the city. With the new system, these people will pay their fair share. Mr. Hafter said a Stormwater Superintendent has been chosen but has not yet been hired. Mr. Sheahan moved to close the public hearing. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Smith moved to waive the second reading and approve the Amendment to the Ordinance Regulating the Use of Public & Private Sanitary Sewerage as presented. Mr. Sheahan seconded. Motion passed unanimously. 5. Consideration of First Reading of Interim Zoning Regulations for the Southeast Quadrant District; scheduling of public hearing of same: Ms. Hinds said the Planning Commission feels it is vitally important to impose a short moratorium on the subdivision of land in the SEQ to allow time to redraft zoning regulations for that area. There is a plan they feel very positive about, and there are consultants on board to draft the new regulations. Ms. Hinds felt the city should be able to hold a public hearing on amendments to the Comprehensive Plan in May and have these adopted by the end of summer. She also felt it would be possible to repeal the moratorium by the end of the year. Ms. Hinds explained that in any emergency situation, the City Council would become the Development Review Board and could hear an application. She added that this has been discussed with all major landowners and developers. Mr. Hafter noted there is a precedent for this action. Mr. Condos said this would not affect any subdivision that is already in process. Ms. Hinds said if there is a complete application with all fees paid, it would go under the present zoning. Mr. Sheahan moved to approve the first reading of the Interim Zoning Regulations for the Southeast Quadrant as presented and to set a public hearing for 18 April 2005. Mr. O'Rourke seconded. Motion passed unanimously. 6. Public Hearing on Discontinuance of a Portion of Shamrock Road; consideration of decision of same: Mr. Condos noted that the city of Burlington owned the houses, which were taken down. Mr. Hafter added that the road would be returned to the City of Burlington. A right-of-way is being kept for National Guard Avenue. There are no public utilities involved. Mr. Condos asked for public comment. There was none. Mr. Smith moved to close the public hearing and approve the discontinuance of a portion of Shamrock Road. Mr. Sheahan seconded. Motion passed unanimously. 7. Consideration of Adoption of Resolution Setting User Fee for Stormwater Services: Mr. Hafter said fees would be as of 1 April and would appear in the bills sent on 1 July. The fee would be $4.50 per month for a single family residence and $4.50 a month for each equivalent residential unit located on each non-single family residence. Mr. O'Rourke moved to approve the Resolution as presented. Mr. Smith seconded. Motion passed unanimously. 8. Consideration of approval of $6315 grant application to Vermont Department of Environmental Consideration for Computer Equipment for Stormwater Services Division: Ms. Hinds said this is the best and quickest use of this money. Mr. Sheahan moved to approve the grant application and to authorize Ms. Hinds to sign it. Mr. Smith seconded. Motion passed unanimously. 9. Consideration of Approval of Amendment #3 to City Retirement Plan -- Mandatory Distribution Amendment (new U.S. Department of Labor Regulations Incorporated): Mr. Hafter briefly explained the amendment. Mr. Gravelin noted that Prudential is working on putting an IRA program together for this. Mr. Sheahan moved to approve the Amendment and authorize the City Manager to sign documents. Mr. O'Rourke seconded. Motion passed unanimously. 10. Consideration of Capital Equipment Notes: Highway Dump Truck and Police Cruiser: Mr. Smith moved to approve the capital equipment notes and accompanying documents as presented. Mr. O'Rourke seconded. Motion passed unanimously. 11. Appointment of Town Health Officer: Mr. Smith moved to appoint Mr. Hafter for a 3-year term and to authorize Mr. Condos to sign the form. Mr. Sheahan seconded. Motion passed unanimously. 12. Review Agenda for Planning Commission Meeting of 22 March: Ms. Hinds noted the Commission is considering proposing design guidelines for the C-1 District. These would be in the form of a zoning amendment. She noted this has been very successful in the Central District. 13. Review Minutes of 28 February 2005: The Minutes of 28 February could not be acted upon, as there was not a quorum of those present at that meeting. 14. Review Minutes of 7 March 2005: Mr. Smith moved to approve the Minutes of 7 March as presented. Mr. O'Rourke seconded. Motion passed 3-0 with Mr. Sheahan abstaining. 15. Sign Disbursement Orders: Disbursement orders were signed. 16. Consideration of Entertainment License Application from Franny O's (live rock bands), Windjammer Restaurant (live entertainment): Mr. Hafter said the applications were in order. Mr. O'Rourke moved to approve the entertainment licenses for Franny O's and the Windjammer Restaurant as presented. Mr. Smith seconded. Motion passed unanimously. 17. Liquor Control Board: Mr. Smith moved the Council adjourn and reconvene as Liquor Control Board. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Hafter presented annual liquor license renewals from the following and indicted they were all in order: Jiffy Mart Franny O's Windjammer Restaurant Chittenden Cider Mill Grand Union Markets, LLC Mr. O'Rourke moved to approve the annual liquor license renewals as presented. Mr. Sheahan seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 8:45 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.