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HomeMy WebLinkAboutMinutes - City Council - 09/06/2005CITY OF SOUTH BURLINGTON CITY COUNCIL 6 SEPTEMBER 2005 The South Burlington City Council held a regular meeting on Monday, September 6 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, Chris Smith Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; Sgt. J. Snyder. 1. Comments & Questions from the Audience not related to Agenda Items: No issues were raised. 2. Announcements & City Manager's Report: C. Smith:   CCRPC committee assignments -- He noted his interested in the Legislative and Economic Development. He also noted that he was not the Chris Smith quoted in the Other Paper recently, regarding a development issue. J. Condos:  MPO Executive Committee meeting September 7, 2005 at 4:00pm., with an executive session planned for 5:30pm. He will be at the VLCT Town Fair September 14th. He noted also that a Steering Committee meeting has been scheduled for September 15 at 7:30 pm. C. Hafter: · Noted that two South Burlington firefighters have volunteered to assist in the Hurricane Katrina relief effort under a FEMA program. · Plans are being made to have an open house of the City's Emergency Operations Center with a presentation of the City's Emergency Operation Plan. · There will be a commemorative held at Dorset Park at 7:30am on September 8, 2005, marking the 4th anniversary for the September 11, 2001 New York rescue workers. · The City's Fire Department will hold their Open House on September 11, 2005 between 10:00am - 3:00pm. · Asked that a special events permit be added to the agenda, for a charity event to help with relief of Hurricane Katrina, being planned for September 11, beginning at 3:00pm. · He will be attending a Lake Champlain Housing and Community Development Board meeting on September 7, 2005 at 12:00pm in Winooski. · If anyone hears complaints about the train whistle at the crossing of Bartlett Bay Road, the crossing gates are temporarily out of service, predicating the need for the whistle. The gates should be fixed within the next week. · A successful meeting was held with the Poor Farm Road property owners regarding traffic implications from the Kennedy Drive widening project. He expects a proposal forthcoming from the neighbors that would create a temporary dead end, to alleviate excessive traffic. · A new map of recreation/bike paths of Burlington, South Burlington and Shelburne is available through the recreation department. 3. Interviews with Applicants to City Boards and Commissions: The Council interviewed Matthew Birmingham for the Design Review Board and Mary Jo Reale for the Red Rocks Committee. Chairman Condos thanked the applicants for their interest and following deliberations later in the meeting, Council will make their appointments. 4. Discussion of amendment to the Peddlers' Ordinance to permit traveling farmers market; first reading of same. Amy Nolan reported to the Council of her business endeavor, Eden On Wheels, as a traveling farmers' market offering for sale, locally grown, raised, and produced foods, from a motorized vehicle. She pointed out that the City's current peddler's permit is restricted to a three-month period and was suggesting consideration to change to a 12-month period. Chairman Condos read the proposed language change to Section 2(E) of Ordinance to Regulate Peddling as follows: "A license for a peddler that sells goods from a motor vehicle while traveling the City streets and who has no door-to-door sales (i.e. ice cream, vegetables, etc.) and may be effective for up to one (1) year from the date of issuance." Councilman Magowan suggested that the proposed amendment be structured as a separate section (i.e. Section 2(F)). Following brief discussion, Council recommended a rewrite with a separate section pertaining to the amendment, and scheduled a public hearing be set for Tuesday, October 4, 2005. 5. Update on Shelburne Road Project: Rich Renaldo, VTrans; Special Projects Unit. Rich Renaldo, PE of the VT Agency of Transportation reported to the Council of work completed to date on the Shelburne Road reconstruction. He presented the Council an advanced printed brochure explaining the project with detailed accommodations and enhancements. In particular, he highlighted the basic guide for U-turns and left turns, including the use of jug handles to change direction. Council noted the cooperation from a cross section of property owners and the improved traffic flow despite its construction. C. Hafter complemented Mr. Renaldo in his efforts to keep the project on schedule and maintaining traffic flow, lessening its impact on other City streets. R. Renaldo indicated that it is likely the road will be completed this fall, however the final paved coating, and some lighting and landscaping will be completed the following year. 6. Update on South Burlington Reparative Board and discussion of proposed grant application; Herb Sinkinson, Community Resource Coordinator. Herb Sinkinson, Coordinator and Sue Deacon, Board Member of the South Burlington Reparative Board, presented the Council with an update and status report of the Board's successful development and high rate of satisfaction in dealing with court-diverted and direct-referred offenders. H. Sinkinson noted that in order to continue its success, the Board has an administrative need for a staff position to assist in ensuring offenders and victims are contacted expeditiously. The Board is looking for support from the City Council in seek planning grant funding for this position as well as conducting a needs study for expanding service or the consideration of establishing a Community Justice Center. He said the Board would be looking for $15,000 for the funding of these activities. The City would provide, as matching funds, the use of its meeting space and office equipment. The City Council concurred with this approach. 7. Consideration of adoption of Resolution Amending Speed Limit in Kennedy Drive Construction Zones from 40 MPH to 25 MPH and doubling traffic fines in construction area. C. Hafter presented the Council, at the request of the City's contractor on the Kennedy Drive reconstruction project, with concurrence of the City's Traffic Safety Division of the Police Department, the following resolution authorizing the reduction of the speed limit in construction zones on Kennedy Drive, along with implementation of double fines for traffic violation within the construction area. A Resolution Authorizing a Reduction in the Speed Limit in Kennedy Drive Construction Zones and a Doubling of Fines for Offences in Those Zones Whereas, The City of South Burlington has hired a contractor to undertake work to widen and improve Kennedy Drive from Williston Road to Dorset Street; and Whereas, the work requires that construction workers will sometimes be in close proximity to moving motor vehicles creating a safety hazard for such workers; and Whereas, some motor vehicle traffic will not be familiar with the on-going work and travel at a more deliberate pace; and Whereas, Kennedy Drive has frequent pedestrian and bicycle traffic; Be It Resolved by the City Council of the City of South Burlington that the interests of public safety require a reduction of the speed limit for Kennedy Drive from 40 mph to 25 mph in areas designated as construction zones and that fines for violation of traffic regulations in construction zones be twice that normally charged for such violations. Be it further resolved that the establishment of a construction zone shall require the approval of the South Burlington Police Department. The construction zones shall be marked with separate signs delineating the beginning and end of a construction zone, the 25 mph speed limit and declaring that fines are doubled in a construction zone (work area). Be it further resolved that the effect of this Resolution shall be void upon the completion of the Kennedy Drive project. On motion by S. Magowan, seconded by D. O'Rourke, and voted, the Council approved the resolution as written. 8. Consideration of letter waiving "Entitlement" Community Status for CDBG funding. City Manager C. Hafter explained to the Council how the City relies on Community Development Block Grants to support affordable housing and economic development within the City. He also explained that CDBG funds are available in two ways: as direct entitlement from HUD or from "pooled" funding provided through the State. South Burlington became an "entitlement community" in 2004, based on its demographics and government appropriations, he said. The City has waived its entitlement status in order to apply for greater amounts available through the State pool. As the City's direct entitlement is unlikely to have any economic value, he recommends the City send a letter to HUD continuing to decline this status in 2006, allowing the City access to the State CDBG pass-through. On motion D. O'Rourke, seconded by C. Smith, and voted, the Council authorized the City Manager to send a letter to US Department of Housing and Urban Development deferring its direct CDBG funding for 2006. 9. Consideration of capital equipment note and resolution for photocopier. On motion by D. O'Rourke, seconded by M. Boucher, and voted, the Council authorized an $8,600 capital equipment note and associated resolution with terms of 3-years and 3.35% interest. 9-(a) Consideration of Entertainment License Application -- Special Event Permit for Tarrant Foundation and IDX Fund. On motion by S. Magowan, seconded by C. Smith, and voted, the Council approved an Entertainment License application for a special event to be held on September 11 for the Tarrant Foundation and IDX Fund for benefit to the Hurricane Katrina relief effort. A condition will be added to the permit requiring Fire Department approval of the tent set-up prior to the performance. 10. Review and Approve Minutes of Regular City Council Meeting, July 18, 2005 D. O'Rourke moved to approve the Minutes of the regular City Council meeting of July 18, 2005 as presented. M. Boucher seconded. Motion passed unanimously. 11. Review and Approve Minutes of Regular City Council Meeting, August 15, 2005 C. Smith moved to approve the Minutes of the regular City Council meeting of August 15, 2005 as written. S. Magowan seconded. Motion passed, with D. O'Rourke abstaining. 12. Review agenda for Development Review Board meeting to be held on Tuesday, September 6, 2005. Council reviewed the DRB agenda for September 6, 2005 with no comments. 13. Sign Disbursement Orders: Disbursement Orders were signed. 14. Executive Session: S. Magowan moved the Board adjourn and reconvene as City Council in Executive Session to discuss Board and Commission appointments and personnel matter. C. Smith seconded. Motion passed unanimously. Regular Session: City Council returned to regular session. On motion on S. Magowan, seconded by C. Smith, and voted, the following appointments were approved: Matthew Birmingham Design Review Board Term ending 2006 Mary Jo Reale Red Rocks Committee Term ending 2008 There being no further business, with motion duly made and seconded, the meeting adjourned at 9:55pm. 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