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Minutes - City Council - 04/06/2009
CITY COUNCIL 6 APRIL 2009 The South Burlington City Council held a regular meeting on Monday, 6 April 2009, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; J. Knapp, S. Dooley, F. Murray Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; P. Conner, Director of Planning & Zoning; Chief T. Whipple, Police Department; T. DiPietro, Stormwater Superintendent; T. Hubbard, Recreation Dept; J. Everitt, Superintendent of Schools; D. Young, Assistant Superintendent of Schools; A. Clift, School Board; T. Moreau, P. Stabler, Chittenden Solid Waste District; J. Jaeger, D. Berard, J. Zaetz, L. & A. Parker, M. Young, E. Spooner, J. Allo, L. Ventriss, M. Poirier, J. Jarvis, L. Doerr, B. Suono 1. Other Business & Announcements: No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter: Reminded Council members and the public of the special meeting regarding the Police station, tomorrow night, 7 p.m., in the Middle School Library. The Library Board of Trustees will meet on Monday, 13 April, 7 p.m. A meeting will be held with the National Guard on 16 April, 6 p.m., in the High School cafeteria regarding a project to relocate National Guard Road because it comes too close to fuel tanks. The City of South Burlington has received a "Tree City, USA" award thanks to the efforts of the Natural Resources Committee. The award will be presented at the State House in Montpelier on 22 April 10:30 a.m. A meeting with UVM planning people will take place on 29 April, 8:30 a.m. On May 1, the Police Department will be doing a seminar on "the psychology of hoarding." The next regular City Council meeting will be on 20 April at Chamberlin School. The focus of the meeting will be the Airport's final report. 3. Report from Veterans' Committee; Request for City Fiduciary Services: Mr. Zaetz introduced members of the Committee and reviewed the Committee's history. He also reviewed some of the group's activities and plans for future events. The Committee is beginning efforts to establish a Veteran's Memorial to honor veterans of all wars. They are looking for approval of a site in Dorset Park. It is hoped that the effort will be supported by donations and not involve any taxpayer money. Mr. Hubbard noted they are working with the Governor's office to try to get some funds from stimulus money. Mr. Doerr then showed a slide of a park overview. They will be trying to link to the sidewalk that goes to the band shell. They would plant some more trees in the area and also add some benches. The plan is to engage the art community to come up with a design for the monument. Mr. Hafter said the City can set up a trust fund to hold donations that are received. This has been done in the past. Mr. Murray moved to approve the site for a Veteran's Memorial and to establish an account for donations. Ms. Dooley seconded. Motion passed unanimously. 4. Update on School District Activities: Supt. Everitt outlined the work of the Board in the area of outcomes for students, specifically in the areas of citizenship and academics. There is a focus on 21st century skills, and technical skills in grades 7 and 8. Next year, "interest based learning" will be initiated. It will be piloted with 15-30 students and may eventually lead to a "school within a school." Work continues on the farm/school concept, particularly with the Leduc property. Sept. 30 is the closing date for the purchase of the Leduc farm. The School District is applying for funds for a farm work project this summer which would pay students to work on an area farm. Many students are currently doing "internships" in the community. A 20-year facilities plan has been completed, and the concept of shared administrative space with the city is being discussed. The School Board is looking at budgeting for 3 years out. It is anticipated that enrollment will remain steady due to tuition students from the Champlain Islands and other communities. The schools will receive stimulus money to address Special Ed needs of students from disadvantaged backgrounds. Grants are also being looked at to address this need. On 21 April, there will be a "Common Roots" event at Shelburne Farms as a "kick-off" for the capital event to purchase the Leduc property. Mr. Young noted that the school Master Plan is on the Website. Mr. Hafter noted that the City will be meeting with the schools to discuss future use of athletic facilities. Supt. Everitt said the plan is to use the facilities to contribute to the City as well as to the schools. Ms. Clift noted that on Thursday there will be celebration as the new lights are turned on between 2 lacrosse games. 5. Report from Dog Park Committee on Phase I of Implementation; Request for funding to implement work plan: Ms. Ventriss said they are asking for authorization to spend $12,000 for implementation of the work plan. Mr. Poirier reviewed the progress since the last presentation. They are using data to see which gas vents can be capped and which should be left open. The work plan was submitted to the State which gave its approval on 30 March. Ms. Ventriss said the hope is to open the Dog Park next spring. Mr. Murray moved to approve the work plan and authorize the expenditure of $12,000 from Recreation Impact fees to accomplish the work plan. Ms. Dooley seconded. Motion passed unanimously. 5. Continued Discussion of Market Street Alignment; discussion of City Center wetland impacts: Mr. Conner said tonight's discussion would focus on the central part of Market St. There had been a thought to move the road to the north to be sure everything stays away from the wetland. The assumption had been that the school property would become part of City Center sooner rather than later. However, the appraisal made it clear the value of the school doesn't equate with the capital planning. Thus, the road should be left where it is. This allows for development on both sides of the road. This would not preclude the school becoming part of City Center planning sometime in the future. Mr. Boucher asked about the time line for Market St. Mr. Conner said environmental work should be complete in the next month. Following a bidding process, building could begin next spring. Mr. Murray asked whether zoning at the end of Market St. can be changed to correspond to Iby St. zoning. Mr. Conner said this is a legitimate question, and discussion will be held with neighbors. Ms. Parker asked if there has been any zoning change since the last Council meeting. Mr. Conner said there has not, and any change would require public hearings. The height maximum is still 35 feet. Mr. Suono said it would be nice to have this as a gateway to the City Center. Mr. Conner then showed a graphic of the City Center area indicating how various properties drain into the City Center basin. The city has funds from the Army Corps of Engineers to improve that area. Mr. Conner indicated a wetland that would remain and would be protected. He also showed an area (approximately 2.2 acres) that would be impacted. Two other areas would have to be converted to storm water collection areas. In order to impact the wetland, the city must find a "offset" somewhere else in the community and provide enhancements, etc. Several potential sites have been considered, and a decision will be made as to which is most beneficial to the community. Mr. Murray questioned whether the City would be buying a "swamp" as mitigation and would be stuck with it if City Center doesn't meet expectations. Mr. Conner said any land purchased would be purchased to improve water quality somewhere else in the City. He added that even for roads and storm water mitigation to happen, there would have to be offsite mitigation. This will not be a lost investment. 7. Discussion of Potential Amendment to Sign Ordinance to Permit Greater Flexibility in Use of "Temporary Signs": Mr. Hafter noted that under the current sign regulations, a temporary sign can be displayed for 7 consecutive days in any given month. The City has received a request from businesses to be allowed to have a sign one day a week. The concern for staff is enforcement. There is only one person who works on signs, and he has done this well. Changing to one day a week could make the job harder. Mr. Hafter said the City would ask for some conditions if there were to be a change. The sign would have to be displayed on the same day every week, and a business could have either a once a week sign or the current 7 days a month, not both. Members said they would like to see what an ordinance would look like before considering a change. Mr. Boucher noted that on 1 June 2009, all signs must be conforming. He anticipated there will be people in complaining about this. There are about 20 non-conforming signs involved. 8. Proposed Use of Byrne Justice Assistance Grant (JAG) by South Burlington Police Department, 2009: Chief Whipple reviewed the history of the grant and noted it is the result of stimulus money. The Police Department will receive $59,300 this year. A plan was presented indicating how the funds will be utilized. 9. Consideration of Approval of Chittenden Solid Waste District Budget for 2010: Mr. Moreau said they have seen a significant drop in revenues because people are buying less and throwing away less. This has resulted in a 3% decrease in the proposed budget due to a cutback of staff hours, a cut in programs, and anticipated reduced legal fees. The solid waste disposal fee will increase for the first time since 1993. Mr. Moreau cited the excellent work being done by South Burlington representative Paul Stabler. Mr. Murray moved to approve the Chittenden Solid Waste District budget as presented. Ms. Dooley seconded. Motion passed unanimously. 10. Consideration for a $464,000 Grant Anticipation Refunding Loan for Storm Water Mitigation Project: Mr. Hafter noted this is the second year of a five year loan for the Farrell St. project. Ms. Dooley moved to approve the refunding note and accompanying documents as presented. Mr. Knapp seconded. Motion passed unanimously. 11. First Reading of an Ordinance to Amend the Motor Vehicle & Traffic Regulations; Updating of Stop Sign List: Mr. Hafter noted the amendment will insure that all stop signs are included. Mr. Murray moved to approve the first reading and set a public hearing for 4 May 2009. Mr. Knapp seconded. Motion passed unanimously. 12. Consideration of acceptance as Public Streets: a portion of Butler Drive, Whiteface Street, and Marcy Street: Mr. Hafter said all streets have been built to City standards. Mr. Murray moved to accept a portion of Butler Drive, Whiteface Street and Marcy Street as public streets. Ms. Dooley seconded. Motion passed unanimously. 13. Review Development Review Board Agenda for Meeting of 7 April 2009: No issues were raised. 14. Review and Approve Minutes of Regular City Council meeting held March 16, 2009: It was noted that on p. 4, "Mr. Griffin" should read "Ms. Griffin." Ms. Dooley moved to approve the Minutes of 16 March as amended. Mr. Knapp seconded. Motion passed unanimously. 15. Consideration of Renewal of Annual Entertainment License; Windjammer Restaurant, 1076 Williston Road, Live Entertainment: Mr. Murray moved to approve the renewal of the Entertainment license of the Windjammer Restaurant as presented. Mr. Knapp seconded. Motion passed unanimously. 16. Liquor Control Board: Mr. Knapp moved the Council adjourn and reconvene as Liquor Control Board. Ms. Dooley seconded. Motion passed unanimously. Mr. Hafter presented liquor license renewals from the following: Mr. Knapp noted that he had a conflict of interest with the Champlain Farms renewal. Mr. Murray moved to approve all liquor license renewals except Champlain Farms 2 locations. Ms. Dooley seconded. Motion passed unanimously. Mr. Murray moved to approve the two Champlain Farms liquor license renewals. Ms. Dooley seconded. Motion passed 3-0 with Mr. Knapp abstaining. Mr. Knapp moved to return to regular City Council session. Ms. Dooley seconded. Motion passed unanimously. 16. Sign Disbursement Orders: Disbursement Orders were signed. 17. Executive Session: Mr. Knapp moved that the Council meet in Executive Session to discuss real property acquisition and appointments to Boards and Commissions and to resume regular session only for the purpose of adjournment. Ms. Dooley seconded. Motion passed unanimously. 18. Regular Session: Council returned to open session. Ms. Dooley moved adjournment. Mr. Knapp seconded. The motion passed unanimously. The meeting adjourned at 10:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 6 APRIL 2009 PAGE 6 12. Consideration of acceptance as Public Streets: a portion of Butler Drive, Whiteface Street, and Marcy Street: Mr. Hafter said all streets have been built to City standards. Mr. Murray moved to accept a portion of Butler Drive, Whiteface Street and Marcy Street as public streets. Ms. Dooley seconded. Motion passed unanimously. 13. Review Development Review Board Agenda for Meeting of 7 April 2009: No issues were raised. 14. Review and Approve Minutes of Regular City Council meeting held March 16, 2009: It was noted that on p. 4, “Mr. Griffin” should read “Ms. Griffin.” Ms. Dooley moved to approve the Minutes of 16 March as amended. Mr. Knapp seconded. Motion passed unanimously. 15. Consideration of Renewal of Annual Entertainment License; Windjammer Restaurant, 1076 Williston Road, Live Entertainment: Mr. Murray moved to approve the renewal of the Entertainment license of the Windjammer Restaurant as presented. Mr. Knapp seconded. Motion passed unanimously. 16. Liquor Control Board: Mr. Knapp moved the Council adjourn and reconvene as Liquor Control Board. Ms. Dooley seconded. Motion passed unanimously. Mr. Hafter presented liquor license renewals from the following: Applebee’s 155 Dorset St. Bourne Service Center Shelburne Rd. Champlain Farms 1800 Williston Road Champlain Farms 1118 Williston Road Chittenden Cider Mill 1580 Dorset St. Eagles-Fraternal Order of Aerie #793 1233B Shelburne Rd. Hannaford Food & Drug 218 Hannaford Dr. CITY COUNCIL 6 APRIL 2009 PAGE 7 Holiday Inn 1068 Williston Rd. Klinger’s Bread Co. 10 Farrell St. Koto Restaurant 792 Shelburne Rd. Nothing But Noodles 150 Dorset St. Olive Garden #1520 1025 Shelburne Rd. One Flight Up 1200 Airport Dr. Outback Steakhouse 150 Dorset St. Pauline’s Café & Restaurant 1834 Shelburne Rd. Pizza Hut 764 Shelburne Rd. The Rotisserie 1355 Williston Rd. Shaw’s Beer & Wine 570 Shelburne Rd. Shelburne Rd. Variety 1855 Shelburne Rd. Silver Palace 1216 Williston Rd. Simon’s Store & Deli 974 Shelburne Rd. Spillane’s Service Centers 811 Williston Rd. Two Friends 1210 Williston Rd. U Save Beverage 1302 Williston Rd. Vermont Indoor Golf, Inc. 35 San Remo Drive Vermont National Country Club 1227 Dorset St. Vermont Soup Company 1636 Williston Rd. Waterfront Catering Group 1712 Shelburne Rd. Windjammer Restaurant 1076 Williston Rd. Zen Garden 7 Fayette Drive Charlie’s on Fire (Chicken Charlie’s) 1160 Williston Rd. Cheese Traders 1186 Williston Rd. Ground Round 1633 Williston Rd. Jolley #146 1110 Shelburne Rd. Mr. Knapp noted that he had a conflict of interest with the Champlain Farms renewal. Mr. Murray moved to approve all liquor license renewals except Champlain Farms 2 locations. Ms. Dooley seconded. Motion passed unanimously. Mr. Murray moved to approve the two Champlain Farms liquor license renewals. Ms. Dooley seconded. Motion passed 3-0 with Mr. Knapp abstaining. Mr. Knapp moved to return to regular City Council session. Ms. Dooley seconded. Motion passed unanimously.