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HomeMy WebLinkAboutMinutes - City Council - 05/19/2008CITY COUNCIL 19 MAY 2008 The South Burlington City Council held a regular meeting on Monday, 19 May 2008, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: C. Smith, Chair; M. Boucher, S. Dooley, S. Magowan, D. O'Rourke Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; S. Stitzel, City Attorney; T. Whipple, Police Chief; Lt. J. Goslin, Police Department; C. LaRose, Planning Department; Goslin family; L. Norris, T. Poshop, Brian Gloyd, R. Whitney, S. Farnsworth, J. Russell Comments & Questions from the Audience not related to Agenda Items: Mr. Poshop expressed concern with the discretion of the Police Department. He explained that he had been in an accident at Dorset and Swift Street when his vehicle was struck by a car making an illegal left turn. The Police officer who investigated refused to ticket the person who made the illegal turn. Mr. Poshop noted that a similar situation occurred a few weeks ago when a pedestrian was hit in a crosswalk near Farrell St. Again, the investigating Police officer did not ticket the driver. Mr. Smith said it was his understanding that complaints about Police officers go to the Chief, and complaints about the Chief come to the City Manager. Mr. Hafter said discretion of a Police officer is a state law. Mr. Poshop said he knows some places have guidelines. He also indicated he had talked to Bruce Hoar of the Public Works Department and he is concerned with the traffic situation on Swift St. Mr. O'Rourke said it is important for Mr. Poshop to work with the City Manager on the steps to take, but he should also keep in mind that the City Council may be the ultimate arbiter, so members have to keep silent until then. Ms. Norris indicated that she coaches a lot at night and has been cut off numerous times at that intersection when exiting the Park. Mr. Gloyd said he thought there were a number of things that could be done immediately to help the situation. He noted that the line to stop at the red light on Dorset St. is very close to the intersection. He felt it could be moved back a bit, which might cause people to stop before going through the intersection when the light has turned red. Mr. Hafter suggested the possibility of an "advance green." Mr. Gloyd also thought it might be possible to move the "35 miles per hour" sign back to slow traffic before it gets to the intersection. Mr. Hafter said since it is a city road, the city could do that. 2. Announcements & City Manager's Report: Mr. Magowan: CCTA monthly meeting next Wednesday. Mr. Hafter: The Council re-organization meeting will be at 6:45 on 2 June, prior to the regular meeting. Summer meeting dates for the Council will be 21 July and 18 August. If the City budget is defeated, there will have to be a quick meeting to decide what to do. At the 28 May School Board meeting, there will be discussion on changing to a March (Town Meeting Day) voting day. Mr. Hafter indicated that he will attend that meeting and invited other Council members to do so. The State will provide "income sensitivity" payments to the communities in three installments this year, so the City won't be able to take the entire amount from the first tax bill. Mr. O'Rourke noted that this means that the State gets the interest on that money. Mr. Smith: Recognized Mr. O'Rourke who will be stepping down after the upcoming election. He thanked him for his hard work and attention to detail. Mr. O'Rourke thanked the Council and City staff and said they are great to work with. He also thanked the community for the opportunity to have served them. 3. Presentation of Lieutenant Badge to New Lt. Jim Goslin: Chief Whipple thanked Mr. O'Rourke for his work with the Police Facility Committee. The Chief noted that with the retirement of Lt. Pete Lavallee, a promotional process took place and Sgt. Jim Goslin was selected to become a Lieutenant. He will run the Patrol Division. Mrs. Goslin then affixed Lt. Goslin's new badge. 4. Consideration of Adoption of Notice of Public Hearing for the Purpose of Acquiring Land and Interests in Land for the Hinesburg Road/Interstate Highway 89, Interchange 12B project; discussion with residents of residential area adjacent to proposed Allen Road Land Company development: Mr. Stitzel described the location of the land involved. He noted that the City has placed on the Official City Map the existing design of the proposed Interchange. This means that the Development Review Board can deny an application to place development that would compromise the use of that land for the interchange. If the DRB does deny an application for development of that property, the city has 120 days to initiate acquisition proceedings for that property. Mr. Stitzel noted that the property in question came before the DRB in 2007 and 2008. The development proposal was denied based on potential conflicts with the on-ramp for the proposed Interchange. Therefore, a recommendation was made to the City Council to initiate proceedings to acquire the land. Mr. Stitzel said that if the Council fails to do so, the development will be considered by the DRB irrespective of consideration of the right-of-way, and if approved, the developer can develop the property based on an approved plan. If at a later date, the City wants to acquire the property, it would have to consider any improvements to the property and their value. Mr. Stitzel indicated that the proposed project is part of a federal highway and State of Vermont transportation project. There are no guarantees it will be built, but if the city acquires the land, and if a project is eventually built, there is a potential for the city to be reimbursed for the acquisition costs when the property is turned over to the federal and state agencies. The proposed Interchange relates to Burlington International Airport, which is of great importance to the State. Mr. Stitzel said that if the City desires to proceed with condemnation, they must issue a Notice of Public Hearing to determine the process for acquisition and the compensation to the owner for the property. A minimum of 30 days public notice is required for a public hearing. Mr. Stitzel noted that commencement of condemnation proceedings does not require completion of acquisition. The city would have the right to decide not to proceed with condemnation. Mr. Stitzel noted that the Official City Map shows a right-of-way across this property. It transects the property. As a result of that, the City Council has the authority to acquire more of the landowner's property than what is strictly necessary for the Interchange project or to provide compensation for damages to the property. Mr. Stitzel drew attention to a mock-up of a survey of the property. He showed the right-of-way line that approximately follows the right-of-way on the Official City Map. The City can acquire more or less of the property. The MPO is working with the State on design plans. They believe what is depicted on the plan will be adequate for the proposed on-ramp. The MPO hopes to have a more specific design by mid-July. Mr. Hafter added that the MPO is doing an alignment standard to see how the Interchange would set up on the ground. Mr. Magowan moved to set a public hearing for 21 July, 6:30 p.m., for the purpose of conducting a site visit and public hearing for the purpose of inspecting lands and hearing testimony and comment regarding the necessity for acquiring land and rights to the land in connection with the Hinesburg Road/Interstate 89, Interchange 12B Project. Mr. O'Rourke seconded. Mr. Farnsworth asked where this leaves the developer's appeal process. Mr. Stitzel said the basis for denial of the developer's application was primarily for reasons of the proposed Interchange. Buy pursuing condemnation, there is no longer any speculation about the City's intent. The application at the Court shows the principal access to the development across the right-of- way. If the city acquires the land, that access can't be built. Because of this, the Court would have no reason not to affirm the DRB's decision. Mr. Stitzel added that this does not mean the developer can't pursue another plan with the DRB. Mr. Whitney asked if the State has made final design plans that will take more of the property. Mr. Hafter said he has no knowledge of this. Another resident of the area noted that the developer has bought a home to try to use that land to go through the development. He felt the proposed city acquisition would be forcing the developer to do something the neighbors don't want. Ms. Dooley said the City has to take into account the risk of having the developer build houses which the City would then have to acquire at a much greater cost. Mr. Magowan said the reason the DRB denied the development plan was the existence of the proposed Interchange on the Official City Map. Long term for the City, there has to be an Interchange there. The developer knew this and chose to present the plan which the DRB denied. Mr. Magowan noted that both the Pizzagalli and O'Brien developments in the same general area were designed to be compatible with the Interchange plans. Ms. Farnsworth noted that residents discussed that with the developer, and he chose to ignore it. In the vote that followed, the motion was approved unanimously. Mr. O'Rourke stressed that the City Council's action has nothing to do with the developer's appeal. 5. Public Discussion Opportunity for Items Related to Proposed City Budget and Ballot Items on 20 May 2008 Ballot: No issues were raised. 6. Consideration of Request from Jack Russell regarding Property at 7 Shamrock Road and Acquisition by Burlington International Airport: Mr. O'Rourke stepped down during this item due to a conflict of interest. Mr. Russell showed photos of the property. He noted that every year for 4 years the Airport was supposed to buy the house. Zoning at the time was residential, and then it was changed. In order to rent the property, he would have to fix up the house. There is nothing else he can do with the property. Mr. Boucher noted that the Airport seems to be making promises it can't deliver, and the Council winds up in the middle. He added that the Airport has identified 120 homes to acquire within 15 years. Mr. Russell said he understands the City's position, but he just doesn't know what to do. Mr. Hafter said the Airport has spent all of its money for property acquisition for this fiscal year. Ms. Dooley said she thought Picard Circle homes would come up next year. Mr. Hafter said a study is being done that should be available in 6 months. Mr. Russell said he hasn't had any answer from the Airport that holds true until the next Mr. Magowan said he would like to see a clear program of what the Airport is going to do. He felt there needs to be a hearing process and criteria established. Mr. Boucher suggested Mr. Russell become active in that process. Mr. O'Rourke rejoined the Council. 8. Review Agenda for Development Review Board Meeting being held 20 May 2008: Mr. O'Rourke expressed concern with South Village changing plans so often. He said it is beginning to seem like the "creeping golf course." He felt that when a plan was final, it should be a final plan. Mr. Magowan agreed that the public is entitled to a "final plan." 9. Entertainment Permit: Mr. Hafter presented an application for an entertainment permit from the American Diabetes Association for their Tour de Cure, 1 June 2008, 8 a.m.-2 p.m. He said the application was in order. Ms. Dooley moved to approve the Entertainment Permit for the American Diabetes Association as presented. Mr. Boucher seconded. Motion passed unanimously. 10. Minutes of 21 April 2008: Mr. Boucher moved to approve the Minutes of 21 April as written. Ms. Dooley seconded. Motion passed 3-0 with Messrs. O'Rourke and Magowan abstaining. 11. Minutes of 26 April 2008: Ms. Dooley moved to approve the Minutes of 26 April 2008 as written. Mr. Magowan seconded. Motion passed 3-0 with Messrs. Boucher and O'Rourke abstaining. 12. Minutes of 5 May 2008: Ms. Dooley moved to approve the Minutes of 5 May 2008 as written. Mr. Boucher seconded. Motion passed 4-0 with Mr. Smith abstaining. 13. Sign Disbursement Orders: Disbursement Orders were signed. Mr. O'Rourke thanked Mr. Hafter for all he does and for making the job of Councilors easier. As there was no further business to come before the Council, the meeting was adjourned at 8:35 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.