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Minutes - City Council - 09/20/2010
CITY COUNCIL 20 SEPTEMBER 2010 The South Burlington City Council held a regular meeting on Monday, 20 September 2010, 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, F. Murray Also Present: S. Miller, City Manager; P. Conner, Director of Planning & Zoning; K. Murphy, Planning Dept; R. Kay, T. Duff, Planning Commission; M. Kupferman, M. Taylor, B. Stuono, M. Young, C. Williams, J. Jarvis, Y. Aladis, S. Carlson, J. Aeoli 1. Comments & Questions from the Audience not related to Agenda Items: a. Monica Taylor, who works with Spectrum Youth Services, said that in getting an Entertainment Permit for a bike rid, they overlooked the need for a music permit and have missed the deadline. Mr. Murray moved to approve the music permit for Spectrum Youth Services for their 3 October event. Ms. Emery seconded. Motion passed unanimously. b. Mr. Young said The Other Paper had referred to “reserve funds.” He asked how much the city has in reserve. Mr. Boucher said the only reserve fund with some discretion that he knows of is about $1.5 million which came from the sales tax and rooms & meals fund in case there wasn’t enough money collected. Ms. Dooley added that all city funds are detailed in the Auditor’s Report. 2. Announcements & City Manager’s Report: Mr. Miller: a. Attended the City Manager’s conference last week and will be in California on 18 October for the National City Manager’s meeting. Members agreed to move the City Council meeting scheduled for that night to 25 October. B. The Assistant City Manager’s job has been offered to Robert Rustin, current Town Manager of Wilmington, Vermont. He will start on 25 October. C. At the City Manager’s meeting, the topic of shared services among communities was discussed. He noted that South Burlington is already doing the billing for Williston’s Emergency Medical Services. There is also a 3-town effort to hire an economic coordinator. Ms. Dooley: a. Attended a meeting with Mr. Miller and city Planning Department people with the Burlington Planning Department regarding the proposal of Champlain College to build a dorm adjacent to South Burlington. B. Attended a meeting with Mr. Murray regarding Exit 12B Mr. Knapp: Complimented the Fire Department on its recent Open House. Mr. Boucher: At the Steering Committee meeting held earlier this evening members of the Council and School Board agreed to form a committee for the selection of a new auditor. Proposals have been received but have not yet been opened. The committee would include a City Council member, School Board member, City Manger Miller and Superintendent Everitt. Mr. Boucher said he was willing to serve on that committee. Mr. Murray nominated Mr. Boucher to serve on the committee to select a new auditor. Ms. Dooley seconded. Motion passed unanimously. 3. Interview Applicants for Appointments to Boards, Commissions, and Committees: No new applicants were present. Mr. Boucher said the Council will deliberate in Executive Session and announce appointments following their deliberations. 4. Adoption of Resolution Regarding Dog Park Rules & Regulations: Committee members indicated that the rules had been reviewed by the City Attorney and Dog Warden. Mr. Young asked if there is a city liability if someone gets bitten by a dog in the dog park. Ms. Dooley said the adjusters would evaluate to see if the city was negligent. The city would be defended by its insurance company. She noted there is always liability, but the city is in a very defensible position if it follows recommendations and best practices. Mr. Murray moved to adopt the Dog Park Rules & Regulations as presented. Mr. Knapp seconded. Motion passed unanimously. Committee members invited the public to the grand opening of the Dog Park on 2 October, 10 a.m.-Noon. 5. Public Hearing on Proposed Backyard Chickens Ordinance; second reading of same: Mr. Murray moved to open the public hearing. Mr. Knapp seconded. Motion passed unanimously. Mr. Conner reviewed the history of the proposed ordinance. He noted that groups of residents approached the city regarding raising chickens in residential neighborhoods. Current regulations don’t allow for the keeping of any livestock. Meetings were held in neighbors and on Front Page Forum. There was considerable public interest, including neighborhood polls. The proposed ordinance would allow the keeping of up to 6 chickens (no roosters) on a lot or a condo building. The Queen City Fire District land parcel could have up to 15 chickens. Regulations include standards regarding odors, waste, fines, etc. Ms. Carlson spoke against the ordinance. She felt livestock belong in rural settings only. She was concerned with sanitation and asked how the standards would be enforced. Ms. Dooley said if there were issues, the City Manager should be notified. She added that people who want to raise chickens want to do this so their families can eat the eggs, so they will be want to do this in a very sanitary way. Ms. Aladis, who lives in Queen City Park, said she worked for the Burlington Community Development Office for 20 years. This office receives all complaints, and they never received a complaint about chickens, which are allowed in the City of Burlington. Mr. Boucher said his main concern was with people some years out who may not be as responsible as the people who support the ordinance. Mr. Murray said if it proves to be disastrous, the Council can always reverse its actions. Mr. Aeoli said the most complaints would probably come from noise. Mr. Kay said the city’s person who handles noise complaints is very professional. He also noted that the Planning Commission looked at ordinances from other communities that have been very successful. Mr. Conner said the City Attorney recommends fine tuning the enforcement system, possibly having a ramping of fines, and citing the State Statutes that give the city authority to do this. Mr. Knapp recommended changing the wording of Section 103A to “for each such building.” Mr. Murray then moved to close the public hearing. Ms. Emery seconded. Motion passed unanimously. Mr. Murray moved to waive the second reading. Ms. Emery seconded. Motion passed unanimously. Ms. Dooley moved to approve the Backyard Chickens Ordinance as amended above. Ms. Emery seconded. Motion passed 4-1 with Mr. Boucher opposing. 6. Accept Resignation of Chris Cavin as City Representative to the Winooski Valley Park District: Mr. Murray moved to accept the resignation of Chris Cavin as representative to the Winooski Valley Park District and to authorize the City Manager to send a letter of thanks for her services. Mr. Knapp seconded. Motion passed unanimously. Mr. Miller advised that someone is interested in filling that position, and when the application process is complete, he will present it to the Council. 7. Accept Resignation of Charles Hafter as Alternate to the Champlain Water District Board, effective immediately: Mr. Murray moved to accept the resignation of Charles Hafter as alternate to the Champlain Water District Board. Ms. Emery seconded. Motion passed unanimously. 8. Discussion on Exit 12B and City Comprehensive Plan: Ms. Dooley noted that she and Mr. Murray had attended a meeting on the 12B question. At that meeting, there was discussion of providing access to Kennedy Drive from I-89 as an alternative. There was also discussion regarding an access between exits 14 and 15. She felt there should be discussion as to what the Council wants to put in the Comprehensive Plan which now includes language regarding Exit 12B. Ms. Emery said she has concerns with an exit on Hinesburg Road because of curves in the road and traffic issues. Mr. Boucher noted 12B has been discussed for many years. Mr. Miller said its inclusion in the Comprehensive Plan goes back decades. Ms. Dooley noted it was in the 2006 Comprehensive Plan with a list of 25 or so improvements without any prioritization. Mr. Conner gave members a copy of references to 12B and Exit 13 from the Comprehensive Plans. He noted that only in 1992 was there any prioritization indicated for any improvements. In that year, Exit 13 was in the top 5 and 12B/Hinesburg Road was in the next 5. Mr. Aeoli said he felt it would be good to look at how different alternatives would affect traffic in the city. He said he looked at Exit 13 was a way to solve the Airport access and Williston Rd. issues. He also suggested improving Exit 12 and creating an access road to the industrial area. Ms. Emery noted that when the city asked the MPO about Exit 13, they were told the Feds wouldn’t allow a lefthand exit. Mr. Aeoli said this would be a “right to right.” Mr. Boucher noted there hasn’t been a new exit built in Vermont since the mid1970’s, and he felt it was unrealistic to think that anything will happen with Exit 13. Ms. Dooley said she was concerned with how Exit 12B could undermine the City Center. Mr. Boucher said the area near 12B is industrial and won’t affect the City Center. Mr. Murray felt the questions being raised were reasonable. He wasn’t sure why the city was heading down the “12B path” instead of looking at the whole picture. Mr. Knapp said looking at the Comprehensive Plan every 5 years is a process. He felt the Council should not interfere with that process. Ms. Dooley said she felt this was too big to put on the Planning Commission to deal with. Mr. Murray said he felt the City Council could do some independent thinking. Mr. Miller stressed that the Planning Commission has to be an independent entity. He felt the Council can become familiar with the history of the issue and can bring in MPO people and other advisors. Mr. Knapp said Vtrans, the Feds, MPO, etc. have spent a lot of money, and felt that before the city spends a lot of energy they should find out whose money is being spent to get engineers here. He added the City should get input from each organization. Mr. Miller said there is a process that allows the Council to look at all alternatives, but there has to be funding for that. He added that the City will have to take a position as part of the Comprehensive Plan. Mr. Conner also noted that because 12B has been in the Comprehensive Plan for 40 years, it has informed zoning since that time. If there is a change, the zoning will have to be reconsidered. Mr. Boucher suggested getting the MPO to a meeting in October and inviting Planning Commission members as well. Ms. Dooley said she is not ready to vote on a Comprehensive Plan that includes the current language. Mr. Miller said they could indicated that this issue needs more exploration that will be done at a specified time. Ms. Dooley moved that two Council members work through the City Manager with staff to set a date for a meeting as a first step in a process to examine this policy. Mr. Murray seconded. Motion passed unanimously. 9. Review of Development Review Board Agenda For 21 September 2010: No issues were raised. 10. Review and Approve Minutes of Regular Meeting of 7 September 2010: It was noted that on page 7, item #7, the cost figure should read $4,000-$6,000 for additional work. Mr. Murray moved to approve the Minutes of 7 September 2010 as amended. Ms. Emery seconded. Motion passed unanimously. 11. Sign Disbursement Orders: Disbursement Orders were signed. 12. Executive Session: Mr. Murray moved that the Council meet in executive session with the City Manager and City Attorney to discuss appointments, personnel, and contract negotiations and to resume regular session to announce appointments and possible other actions. Ms. Emery seconded. Motion passed unanimously. On a motion made by Mr. Knapp, seconded by Ms. Emery the City Council voted unanimously to re-enter public session. On a motion made by Mr. Murray, seconded by Ms. Dooley, the City Council voted unanimously to authorize the Honorable Mark Boucher, South Burlington City Council Chair, to sign and forward a letter to the International City/ County Management Association (otherwise known as ICMA) that expresses a series of City Council concerns about Mr. Hafter former City Manager adherence to ICMA Code of Ethics which serves South Burlington’s City Manager. On a motion made by Mr. Knapp, seconded by Ms. Emery, the City Council voted unanimously to re-enter executive session to discuss board, commission, and committee appointments, with the possibility of action. 13. Announcement of Appointments: Following the executive session, Ms. Dooley moved to make the following appointments: Sally Fox Correctional Facility Liaison Helen Head Correctional Facility Liaison William Tetgmeyer Correctional Facility Liaison Alternate Michael Sirotkin Development Review Board Jay Pasackow Library Board Susan Rusnak Library Board Marie Ambusk Natural Resources Committee Ted Riehle Planning Commission Jennifer Kochman Recreation Committee & Leisure Arts Elizabeth Rabitaille Recreation Committee & Leisure Arts Edie Robenstein Recreation Committee & Leisure Arts Rick Hubbard Rec Path Committee Louis Bresee Rec Path Committee Roy Neuer Rec Path Committee Duncan Adamson Rec Path Committee Lisa Yankowski Red Rocks Park Committee Ms. Emery seconded the motion which then passed unanimously. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned. Published by ClerkBase ©2019 by Clerkbase. 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