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Minutes - City Council - 11/04/2013
CITY COUNCIL 4 NOVEMBER 2013 The South Burlington City Council held a regular meeting on Monday, 4 November 2013, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: P. Mackenzie, Chair; H. Riehle, R. Greco, C. Shaw Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; D. Kinville, City Clerk; P. Conner, Director of Planning & Zoning; Chief T. Whipple, Police Department; I. Blanchard, Project Manager; P. Taylor, Board of Civil Authority; S. Quest, M. Emery, H. Trombley, P. Simon, J. Kochman 1. Executive Session: Ms. Riehle moved the Council meet in executive session to discuss personnel issues related to Chittenden Water District and the City. Regular Session: 1. Agenda Review: A report from Police Chief Whipple regarding petty crime and warnings was added to the Agenda. 2. Comments & Questions from the audience not related to Agenda items: Ms. Emery asked that the Channel 17 logo be put back on the Home Page of the South Burlington web page. Ms. Emery noted that discussion at the Burlington City Council meeting regarding the Airport indicated Airport "plans" for the area do not coincide with South Burlington's plans. 3. Announcements & City Manager's Report: Mr. Dorn: Updated members on paving being done in the city. White Street and Patchen Road have been completed except for striping. There will be an announcement on Friday regarding a new hire. Council members reported on meetings and events they had attended. Ms. Greco: Suggested that Gene Richards and Burlington Mayor Weinberger be invited to the City Council to discuss the contradiction in Airport plans with what the city had previously been told. 4. Consent Agenda: A. Sign Disbursement B. Approve Minutes for 16 October and 21 October 2013 C. Authorize City Manager to negotiate and sign a contract for Garden Street consulting services with Stantec Ms. Greco moved to approve the Consent Agenda as presented. Ms. Riehle seconded. Motion passed unanimously. 5. Report from Police Chief Whipple: Chief Whipple noted the recent public announcement regarding concerns with a bad mixture of heroin in the community. He said the Department has responded to incidents with several victims, and there have been similar problems in neighboring communities. He advised people not to use heroin and to get immediate treatment for anyone who appears to be in trouble after using heroin. The Department is actively looking for the source of the bad mixture to hold the distributor accountable. The Chief also reported on the theft of electronic devices because of the "quick disposal" option which provides instant cash at disposal machines. He noted that 10% of what is being collected in South Burlington is stolen merchandise. In addition, 22 cell phones have been reported as stolen since the disposal machines were installed. Ms. Mackenzie suggested a public forum on these issues and will work with Ms. Riehle and Ms. Nowak to organize something. 5b. Draft Capital Improvement Program Fiscal Year 2015-24 Overview: Ms. Blanchard reviewed the priorities of the Capital Improvement Program (CIP) as follows: 5c. City Center projects which have 100% TIF funding moved back (there is more funding in 2017 and 2018 when most work is anticipated). Mr. Dorn then updated the Council on progress of the City Center Task Force. Mr. Hubbard noted that the CIP requires annual City Council approval and voter approval for expenditures. He added that any decrease in debt will be applied to the CIP. 6. Discuss Potential Changes to Impact Fees Related to Child Care Facilities: Mr. Conner explained that while some retail uses are eligible for credit on road impact fees for cars already on the road, no such credit is given for child care facilities. He noted that one provider took fewer children because of the cost of the impact fees. The impact fees for this use are very high, and traditionally pick ups of children take place at the PM peak hour when people are already coming home from work and are on the road. Mr. Conner asked the Council to consider an option that would allow for a "passby credit" for child care facilities based on gathered data. He recommended going back to when impact fees were substantially increased (2007). There have been 2 applicants since then. Mr. Shaw felt the city would be well served by amending the Comprehensive Plan to support affordable child care as a "value statement." Mr. Shaw and Ms. Riehle supported Option 1. Ms. Greco wanted to see more work done on this. 7. Discuss Potential Changes to Sign Ordinance: Mr. Conner outlined four proposed amendments to the city's sign ordinance as follows: 1. The opportunity for a business to add a perpendicular sign, 10 sq. ft. maximum, unlit. 2. More flexibility to use the same square footage over three signs instead of two. 3. Prohibiting free-standing signs in City Center (existing signs could remain, but no new ones would be allowed) 4. Adding a definition for a "wind sign." Mr. Simon, representing Trader Joe's, said they agree with the changes but see a need to define the core area for #3. Ms. Trembley, representing University Mall, expressed concern with not allowing free-standing signs for businesses located behind other businesses. Mr. Simon noted that Dorset Street is a unique situation with cars going faster and needed to be able to find where they are going. Mr. Conner said it would be possible to have a map excluding Dorset Street. 8. Discuss Request by John Belter to Farm the Underwood Property in Future Years: It was noted the Mr. Belter grew corn on the property this year. He did not pay the city for this. Question has arisen of whether compensation is appropriate and whether this should be the future use of city land. Ms. Riehle noted the Open Space Committee is not inclined to support this use and favor natural vegetation. They would allow him one more year if he agreed to return the land to its "original state." Ms. Kochman said the Recreation/Leisure Arts Committee is concerned with public access to the land and would like to walk it to see what their interests might be. Mr. Dorn noted that Mr. Belter has no objection to providing access. Ms. Greco was concerned with the use of pesticides that stay in the soil for several years. Mr. Rapp was concerned with the process used to grow corn that can kill the life of the soil. Council members agreed to let the land lie fallow this year. 9. Authorize the South Burlington Board of Civil Authority to Hear and Decide All Appeals of Penalties Associated with the Late Filing of the Homestead Declaration: Ms. Kinville explained that the BCA wanted clarification from the Council that they can hear these cases and also to have the Council be able to direct hardship cases to the BCA: Mr. Shaw moved to authorize the Board of Civil Authority to hear and decide all appeals of penalties associated with the late filing of the Homestead Declaration and to delegate the authority to hear and decide abatement requests based on hardship to the Board of Civil Authority. Ms. Greco seconded. Motion passed unanimously. 10. Review and Discussion of Items Referred Up to the Council from Interim Zoning Committees: Mr. Dorn noted that no committee has "jurisdiction" over these items. Members reviewed the 18 items and agreed to give them to the ad hoc committee of the Planning Commission, if the Planning Commission Chair is OK with this. 11. Discuss Authorizing the City Manager to Approve Entertainment or Street Use Permits: Mr. Dorn reviewed the history of the process. He noted that going through the City Council puts applicants in a waiting position and felt it would be a better level of community service to allow the City Manager to approve these permits. Members were OK with this and asked Ms. Kinville to check if there is an ordinance that would have to be revised. 12. Other Business: a. Items held from the Consent Agenda b. Bike Rack 1. Traffic Lights & Sequencing 2. City Street Lights 3. Advertising logos or names on City Property 4. Taser Policy 5. East Terrace Ordinance 6. Policy Regarding Landscaping City-owned Land an Request from Hadley Road c. Other Ms. Greco suggested having Airport people come in to discuss their plans, especially in light of the city's planning grant application. Mr. Dorn noted that at the 18 November meeting, the Council will hear an overview plan for City Center. Ms. Greco asked about sewage capacity. Mr. Dorn noted the reservation for City Center can be changed at any time. Ms. Greco asked for a written report. As there was no further business to come before the Council, Ms. Riehle moved to adjourn. Mr. Shaw seconded. Motion passed unanimously. The meeting was adjourned at 10:05 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.