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HomeMy WebLinkAboutMinutes - City Council - 06/15/2009CITY COUNCIL 15 JUNE 2009 The South Burlington City Council held a regular meeting on Monday, 15 June 2009, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; P. Conner, Director of Planning & Zoning; Chief T. Whipple, Police Department; D. Kinville, City Clerk; Rep. H. Head, Rep. A. Audette, B. Hoar, Public Works Department; T. DiPietro, Storm Water Department; C. Shaw, B. McDonald, Planning Commission; B. Searles, Burlington International Airport; C. Cole, M. Berkitt, CCTA; B. Wessel, B. Townsend, M. Young, S. Dopp, C. Bolton, M. Simoneau, R. Miller, D. Cummings, A. Feinston, M. Wood-Davis, B. Bouchard, J. Nick, B. Stuono, M. Boomhower 1. Special Town Meeting to Vote on Authorizing City Borrowing of $74,000 for the Purpose of Upgrading the Storm Water System at Quarry Ridge: Mr. Knapp nominated Mr. Boucher as Moderator for the Special Town Meeting. Ms. Dooley seconded. There were no further nominations, and Mr. Boucher was elected unanimously. Mr. Boucher read the Warning. Mr. Hafter explained that the money for the project will come from the State Revolving Loan Fund. State regulations require the city to borrow the money before receiving it. The City will have to pay back only half of the money, and that will come from residents of Quarry Ridge. This has to be approved by the voters by today. Mr. DiPietro explained the project. The pond is in disrepair. The project will retrofit the pond to meet state standards. It will also include putting in an access road to get equipment down to maintain the pond. The pond drains into an impaired waterway. This project will improve the quality of water going into the waterway. Quarry Ridge residents asked where the access road will go and how long the construction will take. Mr. DiPietro said it will be a 10-foot wide gravel road. Construction will start at the end of June and should take between 60 and 120 days. One tree will be moved. There is money in the budget for a little more landscaping, and the City has been working on that with the condo association board. Mr. Townsend asked what the alternatives would be if it were voted down. Mr. Hafter said that at this time there are no alternatives. If it is voted down, the residents would have to pay for it all themselves. Mr. Young asked if the city could get stuck with the bill. Mr. Hafter said there is a legal agreement with the condo association. Mr. Young asked if this would set a precedent. Mr. Hafter said the city would like to get additional grants as there are several other projects ready to go. A resident expressed concern with the value of their condo. The space between buildings is only 30 feet, and the 10 foot path uses up much of that, and they will be taking down the only tree there. Mr. DiPietro said that is the only alternative because of steepness and wetland issues. The President of the Homeowner's Association said that they feel that with landscaping it will not detract from the property. Ms. Emery called the question. In the vote that followed, the ballot item was passed unanimously. Regular Meeting: 1. Other Business & Announcements: No issues were raised. 2. Announcements & City Manager's Report: Mr. Hafter: Will attend the Vermont Interfaith Action group meeting regarding bringing bus service to Tilley Center, 7 p.m., 16 June. The next City Council meeting will be on 20 July. The following meeting will be on Tuesday, 18 August (due to the holiday of 17 August). 3. Interviews for Reappointment with Incumbents from Planning Commission: The Council interviewed Bob McDonald and Chris Shaw for reappointment. Mr. McDonald said he works for USDA Rural Development in the area of affordable housing. His two children went through the South Burlington School System. He continues to enjoy working on the Planning Commission and wants to see the City Center through to completion. Mr. Shaw teaches at the Stern Center. He has lived in South Burlington 9 years and first served on the Natural Resources Committee. He said he likes to be involved in the fabric of the community and continues to learn more and more. He sees the continuing need to understand the needs of citizens and future citizens. Ms. Dooley noted that South Burlington is the fastest growing municipality in Vermont. She asked if the applicants had any thoughts about the rate of growth and whether that is in the best interest of the city. Mr. McDonald noted the city has great schools, which is always a draw for families. It also provides a short commute for most people to their jobs. This puts pressure on the city to decide where growth should be and what should be protected. He added there is also a need to look at affordability, and that means greater density. He said the city has a blueprint on how it wants to develop over the next few years. He felt Exit 12B will be essential for City Center development. Mr. Shaw noted that the Southeast Quadrant meetings looked at a growth rate to get the city to 38,000 people. He also noted how attractive it is for people to live in South Burlington. He felt it is important to have housing that enables teachers, police and other city workers to afford to live in the city. Mr. McDonald noted that the state has to make some changes to its regulations as well. As it is now, people are building only 9 homes where they might build more, because the process for building more is much more complex and costly. Ms. Dooley asked if the applicants had any thoughts on property owners' rights vs. city's interests. Mr. McDonald said there has to be a balance. He felt the Planning Commission has done a good job of looking at that balance. Mr. Shaw added that you can't bend to one property owner if the plan doesn't work for the city. Ms. Emery asked how you strike that balance. Mr. Shaw said it is hard. Ms. Emery asked how you balance the need for housing with the need for recreation space and green space. Mr. McDonald said you can zone and plan for recreation space, but you can't always make it happen. He felt the City needs more public space. Mr. Shaw cited some of the city's "gems," including Dorset Park, Red Rocks Park and Farrell Park. Mr. Hafter noted there is a vacancy on the Planning Commission as David Boyle is being recalled to Iraq. 4. Review of Real Estate & Development Agreement for 19 Gregory Drive with REM Corp, Mike Simeneau. Discussion of Development Process for Police Station: Mr. Simeneau gave members a synopsis of Mr. Miller's proposal, with greater detail. The building is approximately 45,000 sq. ft. of which 33,000-34,000 will be acquired for the Police Station. Of that, 24,000 sq. ft. will actually be used for the Police Station. The remainder could be sublet or dedicated to another city use. A tenant currently occupies 12,000 sq. ft. of the building with a long-term lease. Mr. Miller will continue to keep that occupied. The city can, however, acquire that square footage at any time. The city will pay $400,000 for the 38,000 sq. ft. This can be bought outright or leased. At the end of the lease, the city would own the building. The same financing arrangements would exist for the 12,000s q. ft. If the 20 years runs its course, the city will own that property for $1.00. Mr. Miller said he will make sure the lease has some "out" clauses. The building will be refitted for the Police Dept. The walls are ready for paint. There is no structural component necessary for the fit-up; all that is needed are interior partitions, floor plans, etc. Mr. Miller said the building can be move-in ready in 5-6 months. The city will get everything at his cost, and, Mr. Miller said, they will get him for "next to nothing" as he likes doing it. Mr. Boucher asked if the plans that were drawn up by the city's consultant were sufficient. Mr. Miller said they took all that information before they bid on this project. It fits. Ms. Emery asked about LEAD certification for the building. Mr. Miller said he felt they can get it to a "silver," and that would be the goal. The architect is LEAD certified. Mr. Hafter said the building would be certifiable, but he didn't feel the city had to spend the money to actually get the certification. Mr. Miller said if the city were to decide to move the police station to City Center later on, the city would get its money back on this building. Mr. Hafter said the city will have an architect with police station specialization review the plans. Mr. Cummings said it is a good idea to make investments up front for energy efficiency as it will save money in the long run. Ms. Dopp asked about ongoing upkeep of the building. Mr. Hafter said that is an operating cost that will be in the city's operating budget. It is not part of the bond vote. Chief Whipple said the Police Department has had an incredibly positive dealing with Mr. Miller. Rep. Audette added that the city is fortunate to be dealing with someone of Bobby Miller's caliber and high reputation in the construction trade. Mr. Hafter said if there is money left, he would like to go back to the original plan for a meeting room. Rep. Audette noted that South Burlington is the only community in Chittenden without a senior facility. The City Hall conference room which seniors now use is too small for them. 5. First Reading of Proposed Amendment to the Sign Ordinance to Allow Signs of Up to 20 sq. ft. for Non-residential Uses in a Residential Zoning District. Schedule Public Hearing for 20 July 2009; Consideration of Planning Staff Report on Sign Setbacks: Mr. Boucher read the proposed amendment. Mr. Hafter noted there are only 2 locations in the city where this could apply. One of these locations has already erected a 4-foot square sign. This amendment will not affect home occupations; those will remain at 4 sq. ft. Ms. Emery moved to approve the first reading of the proposed amendment as presented and schedule a public hearing for 20 July 2009. Mr. Knapp seconded. Motion passed unanimously. Mr. Conner said he did an analysis of signs in the city and the implications of changing the setback requirement to "sidewalk" rather than "right-of-way." He noted there are some places without sidewalks and some places with public sidewalks on private land. In other places, the sidewalks are back from the right-of-way. He felt this would be a challenge, especially when they would have to know a location without doing a survey. He also felt it would be difficult to enforce and could involve expensive title searches or land surveys. Mr. Hafter noted that if the city gives a sign permit, and it is in the right-of-way and the road is then to be widened, there is a question of who pays to move the sign. Mr. Conner added there are also questions of safety. Ms. Dooley asked how the sign in question got approved. Mr. Bolton said it replaced an existing sign. It was placed as close as possible to compliance until 3 June. He noted that if the road is widened, the city would have to do a survey for that widening anyway. He added that he would have no problem with going on record that if the road is widened the sign can't stay near the edge. He said it is important for him not to have the sign against the building as it creates a safety issue if people can't see it and aren't paying attention to the road. He said he could move the sign back a few feet but would have to dig up shrubbery in order to accomplish that. Mr. Conner said some options are: 1. Move the sign next to the building, which would mean it isn't visible from one direction. 2. Have the sign flat against the building. 3. Have a v-shaped sign facing in 2 directions (as long as you can see only one side from each direction). 4. Attach the sign to the building. Mr. Hafter suggested the option of allowing such signs to be 5 feet from the right-of-way or 5 feet from the sidewalk, or as far as possible from the sidewalk. Mr. Conner said there would be a question of when the exemption would apply. Ms. Dooley suggested a site visit. Members agreed to do this and to include other areas with the problem. Rep. Audette reminded members of the need to consider snowplowing when making a decision. 6. Discussion of Status and Use of Front Porch Forum: Mr. Wood-Lewis gave members written information. He noted that 14,000 households have signed up for Front Porch Forum. They have been written up in the Wall St. Journal and other national publications. Issues that they cover include such things as break-ins, local issues (speeding, raising children, etc.), lost animals, announcements (fund-raisers, school events, etc.), people giving things away. He said this helps neighbors to connect more and to feel more a part of their neighborhood. People say they get more involved in their neighborhoods and do more volunteering for such things as Green-Up Day, mentoring/tutoring, etc. In South Burlington, there has been a dramatic increase in the use of the service. 1600 households host 20 neighborhood forums. Mr. Wood-Lewis said they are a for-profit business. They have a municipal subscription plan. In Burlington, the first year was at no cost, and now the city pays an access fee. He added that they like to stay unbiased as their mission is to help neighbors connect and build community. Mr. Stuono said he would like to see the city post agendas on Front Porch Forum. Mr. Wood-Lewis said that with other sites, about 1% of the people do most of the posting. On Front Porch Forum, 25-50% of people do postings. 7. Presentation of Proposed Pilot Project on Creative Finance Options for Development of Interstate Exit 12B: Ms. Boomhower said the Airport is one of many partners looking toward a public-private partnership regarding transportation. They would provide information to the Legislature as to how this would work. They will be kicking off this dialogue with several private sector partners. Financing methods might include tax incremental financing, special assessment districts, etc. Ms. Boomhower said there is a perceived need to service businesses in this area. There are congested intersections due to the volume of traffic, and the City Center development will generate the need to access even more activities in the city. The alignment analysis for a potential 12B will be released, and invitations will be sent out to the City Council to attend that meeting. There will also be invitations to neighbors. Private partners could participate in funding early in the project (e.g., for an EIS). Ms. Boomhower asked the Council for a declaration of support for this concept. Mr. Conner said the legislature is interested in seeing how this concept might apply in other parts of the state as well. Mr. Bouchard said this is not a new concept. It happened with the improvements to Exit 16 (Costco). Mr. Hafter added that when Dorset St. was widened there was an assessment to property owners along that street. Mr. Hafter suggested adding to the discussion ways to streamline the permitting process, etc., to make it easier to do projects. Ms. Dooley noted there are no commuter parking lots between Richmond and Milton. She felt there would have to be enhancements for public transit if there is to be a 12B. Mr. Searles said there are 1,500,000 people going through the Airport annually, and this is expected to increase 3-4% each year. About 65% of Airport traffic spends time on Williston Rd. He said he wasn't sure 12B is the answer, but this would give them the opportunity to look into it. 8. Presentation of Route 2 Corridor Study & Proposed Alternative Bus Routes: Mr. Cole of CCTA reviewed the history of this proposal. They have requested a grant from VTrans to enhance service in this corridor with no increase to local assessments. The service would provide a direct connection from downtown Burlington to Williston via Williston Road. That service is contingent on receiving the grant. Public comment is being invited on route alternatives. Ms. Berkett said there will be an on-line survey after public meetings in Essex, South Burlington, Burlington and Williston. She then showed three alternative routes, all of which would provide a 15-minute headway. The routes would include UMall as the one deviation from Williston Road. That route would link the 3 major shopping centers in the state. Mr. Cole said he asked staff to look at Tilley Drive service; however, anything they came up with would degrade existing service. They have also talked about another potential solution, with smaller vehicles with a connection at UMall and possibly a "demand/response" model. That would be the most economical as Medicaid would pick up some of the cost. Mr. Hafter said a fixed route could also service employees of Tilley Drive. Mr. Conner thanked CCTA for participating in many things that the Planning & Zoning Department is working on, including rezoning on major transportation corridors. 9. Review & Comment on Proposed Uses of $85,000 Energy Efficiency Grant through ARRA: Mr. Hafter noted that the 10 largest communities in the state are eligible for energy efficiency projects. He then outlined the priorities for these grants: 1. Investment grade energy auditing of municipal buildings 2. Investment of funds to make upgrades 3. $10,000 for a brochure to let residences/businesses know about different programs for homeowners. Members were OK with this. 10. Request for Approval of Tax Rate to Support the Fiscal Year Ending 30 June 2010: Mr. Hafter said the voters approved the FY2010 municipal budget of $20,445,398. The Grand List is projected at $26,750,000, a 1% increase over the previous year. This results in the following tax rates: This tax rate will produce revenues of $9,646,050. In addition, there are special assessment districts on Spear St. Northeast (tax rate to be set a .150) and Spear Street South (properties to be billed $732.81). Sewer user fee is to be set at $25.95 per 1,000 cubic feet of water use. The water fee is to be set at $20.54 for 1,000 cubic feet of usage. The storm water service fee is to be set at $4.50 per ERU. Tax due dates are: August 18, 2009, November 16, 2009, and March 15, 2010. Ms. Emery moved to approve tax rates, special assessment district rates and fees, sewer, water and storm water fees, and tax due dates as presented. Mr. Knapp seconded. Motion passed unanimously. 11. Authorization of Paul Conner as Grant Administrator for Municipal Planning Grant: Ms. Dooley moved to authorize Paul Conner to serve as Grant Administrator for the Municipal Planning Grant. Ms. Emery seconded. Motion passed unanimously. 12. Consideration of Approval of Amendment #9 to Cooperative Agreement for South Burlington NH 121-1(1), Kennedy Drive: Mr. Hafter noted this adds $200,000 to the budget. The city's share of this is 10%. Ms. Emery moved to approve Amendment #9 as presented. Mr. Knapp seconded. Motion passed unanimously. 13. Consideration of Appointment of Paul Conner, Director of Planning & Zoning, as Alternate Representative to the Regional Planning Commission: Ms. Emery moved to appoint Paul Conner as alternate representative to the Regional Planning Commission. Ms. Dooley seconded. Motion passed unanimously. 14. Review Agenda for Development Review Board Meeting of 16 June 2009: No issues were raised. 15. Review and Approve Minutes of City Council Meeting of 1 June 2009: Mr. Knapp moved to approve the Minutes of 1 June 2009 as written. Ms. Dooley seconded. Motion passed unanimously. 16. Sign Disbursement Orders: Disbursement orders were signed. As there was no further business to come before the City Council, the meeting was adjourned at 10:35 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 15 JUNE 2009 PAGE 9 Mr. Hafter said the voters approved the FY2010 municipal budget of $20,445,398. The Grand List is projected at $26,750,000, a 1% increase over the previous year. This results in the following tax rates: City Operating .3081 Bonded debt .0198 Other entities .0218 Open Space Fund .0100 Total City Services: .3597 Adjustment for disabled veteran exemption: .0009 Total Tax Rate: .3606 per $100 assessed value This tax rate will produce revenues of $9,646,050. In addition, there are special assessment districts on Spear St. Northeast (tax rate to be set a .150) and Spear Street South (properties to be billed $732.81). Sewer user fee is to be set at $25.95 per 1,000 cubic feet of water use. The water fee is to be set at $20.54 for 1,000 cubic feet of usage. The storm water service fee is to be set at $4.50 per ERU. Tax due dates are: August 18, 2009, November 16, 2009, and March 15, 2010. Ms. Emery moved to approve tax rates, special assessment district rates and fees, sewer, water and storm water fees, and tax due dates as presented. Mr. Knapp seconded. Motion passed unanimously. 11. Authorization of Paul Conner as Grant Administrator for Municipal Planning Grant: Ms. Dooley moved to authorize Paul Conner to serve as Grant Administrator for the Municipal Planning Grant. Ms. Emery seconded. Motion passed unanimously. 12. Consideration of Approval of Amendment #9 to Cooperative Agreement for South Burlington NH 121-1(1), Kennedy Drive: