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Agenda - City Council - 07/18/2016
AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Meeting 6:30 P.M. Monday, July 18, 2016 1. Pledge of Allegiance (6:30 – 6:31 PM) 2. Agenda Review: Additions, deletions or changes in order of agenda items. (6:31 – 6:32 PM) 3. Consider entering Executive Session to review legal issues associated with the property tax appeals and lawsuit of the City of Burlington/Burlington International Airport against the City of South Burlington where premature disclosure would put the City of South Burlington at a competitive disadvantage. (6:32 – 7:17 PM) 4. Comments and questions from the public not related to the agenda. (7:17 – 7:27 PM) 5. Announcements and City Manager’s Report. (7:27 – 7:37 PM) 6. Consent Agenda: (7:37 – 7:39 PM) A. *** Sign Disbursement B. *** Approve Minutes for July 5th. 7. *** State of Vermont Hinesburg Road Culvert Replacement: review and consider approval for easement documents – Justin Rabidoux, Director of Public Works (7:39 – 7:44 PM) 8. *** Presentation of Chamberlin Neighborhood-Airport Planning Committee final report and recommendations. Paul Conner (7:44 – 8:30 PM) 9. City Center Update – Ilona Blanchard (8:30 – 8:45 PM) A. Consider and possibly approve agreement between The City of South Burlington and the South Burlington Community Library Board of Trustees Regarding the design and construction of a Public Library 10. *** Consider and possibly approve resolution related to the Chittenden County Regional Planning Commission Regional Dispatch Implementation report. Tom Hubbard (8:45 – 8:55 PM) 11. *** Consider convening as the South Burlington Liquor Control Board to consider the following applications: (8:55 – 9:00 PM) • Vermont National Golf Club (second class license) • Sugarhouse Grill (Outside Consumption) 12. Consider entering Executive Session to discuss appointments to South Burlington Committees, Boards and Commissions. (9:00 – 9:30 PM) 13. Consider appointments to South Burlington Committees, Boards and Commissions. (9:30 – 9:35 PM) 14. Other Business: (9:35 – 9:40 PM) A. Items held from the Consent Agenda 15. Adjourn (9:40 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Policy regarding landscaping City-owned land and request from Hadley Road. 2. Cost of development/cost of open space. 3. Airport noise survey. 4. Evaluate water billing and rate structure. 5. Citizen participation in democratic process. 6. Adoption of a building code Issues that have been discussed by the Council where further action is pending: 1. East Terrace Neighborhood Forum and conversion of housing into rental units. 2. Street light policy. 3. Crosswalk issues generally and on Kennedy Drive and Williston Road. 4. Committee reorganization. 5. Encouraging litter removal by businesses and the public. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. SOUTH BURLINGTON, VERMONT Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 07/19/16 Date Check No. Paid To Memo Amount Paid 7/19/2016 3026 South Burlington Ace 13.98 Date Voucher Number Reference Voucher Total Amount Paid 7/6/2016 VI-14037 792540/3 13.98 13.98 7/19/2016 3027 Aldrich & Elliott, PC 3,175.28 Date Voucher Number Reference Voucher Total Amount Paid 6/29/2016 VI-14028 76358 1,184.55 1,184.55 6/29/2016 VI-14034 76346 1,990.73 1,990.73 7/19/2016 3028 E.J. Prescott, Inc. 92.23 Date Voucher Number Reference Voucher Total Amount Paid 6/28/2016 VI-14029 5104633 58.75 58.75 6/28/2016 VI-14030 5104916 22.17 22.17 7/7/2016 VI-14036 5108986 11.31 11.31 7/19/2016 3029 City Of So. Burlington 26,479.34 Date Voucher Number Reference Voucher Total Amount Paid 6/30/2016 VI-14033 DEBT 23,488.84 23,488.84 6/30/2016 VI-14035 VLCT-2ND QTR 2016 1,495.25 1,495.25 6/30/2016 VI-14038 VLCT - 3RD QTR 2016 1,495.25 1,495.25 7/19/2016 3030 City Of South Burlington 299,828.92 Date Voucher Number Reference Voucher Total Amount Paid 7/8/2016 VI-14032 JUNE SEWER 299,828.92 299,828.92 7/19/2016 3031 City Of South Burlington 161,026.05 Date Voucher Number Reference Voucher Total Amount Paid 7/8/2016 VI-14031 JUNE STORMWATER 161,026.05 161,026.05 Total Amount Paid: 490,615.80 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: July 14, 2016 Page 1 of 1 CITY COUNCIL 5 JULY 2016 The South Burlington City Council held a regular meeting on Tuesday, 5 July 2016, at 7:00 p.m., in the Community Room of the Police Station, 19 Gregory Drive. MEMBERS PRESENT: H. Riehle, Chair; P. Nowak, T. Barritt ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; B. Nowak 1. Agenda Review: Additions, deletions or changes in order of agenda items: Mr. Dorn asked to add 2 brief items to Other Business. 2. Comments & Questions from the public not related to the agenda: No issues were raised. 3. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. Mr. Dorn: Received word from Justin Rabidoux that they are very close to a settlement with Village at Dorset Park in the stormwater issue. 4. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 13 June, 20 June, and 22 June 2016 Mr. Barritt moved to approve the Consent Agenda as presented. Ms. Nowak seconded. Motion passed 3‐0. 5. Council Discussion Regarding Allegation of Violation of Vermont Open Meeting Law by the Council: Mr. Dorn noted that the Council Chair had received a complaint from a citizen of another committee alleging that the South Burlington City Council had violated the Vermont Open Meeting Law when three or more Council Members attended a briefing by the Vermont Air National Guard on 22 July 2016. This complaint was later profiled in a Burlington Free Press article. Mr. Dorn said that the public had previously been noticed by the City in its weekly posting of meetings and activities, as is the protocol, that 3 or more Council members could be attending the briefing in response to an invitation from the Air Guard. Mr. Dorn then explained that the presence of 3 or more Councilors in the same location does not, in itself, constitute a public meeting of the Council. For such a meeting to occur, business of the Council must be CITY COUNCIL 5 JULY 2016 PAGE 2 discussed or an action taken. No business of the Council was discussed at the Guard event, and no Council action was taken. Therefore, there was, by definition, no violation of the Vermont Open Meeting Law, and the allegation has no merit. Ms. Nowak asked how to avoid having this issue come up time and time again. Mr. Dorn said the best way is to not have 3 or more Councilors in a room. However, there are times when the City Council goes to a meeting/event to learn about an issue. Not to be able to do this would mean Councilors were not doing their job. Mr. Dorn said the law is very clear that when 3 or more Councilors are in the same location, they should avoid discussing any city business. They would not then be in violation of the Open Meeting Law. 6. Set Municipal Tax Rate and Establish Dates for Tax Payments for FY17: Mr. Hubbard noted that the City Assessor had projected the Grand List in December and then went out in April to actually check “what is in the ground.” He then finalizes the Grand List on 30 June. Mr. Hubbard also noted that in the 3 years he has been doing this, it has been possible to lower the tax rate a little bit. For this budget, the tax rate will go from the projected .4737 to .4731 as the grand list came in about $41,000 higher than the projection. Mr. Barritt asked about a report in the paper that some properties were reassessed. Mr. Hubbard explained that these properties are in newer developments that have been built within the past few years. Ms. Nowak then moved to set the tax rate at $0.4731 for fiscal year 2017 and that tax payment due dates be 15 August 2016, 15 November 2016, and 15 March 2017. Mr. Barritt seconded. Motion passed 3‐0. Mr. Hubbard said tax bills will probably go out on 11 July. 7. Consider and Act Upon T D Bank, N.A., Capital Improvement Financing Loan Documents: Mr. Dorn explained that this is a $1,125,000 loan for 10 years for open space enhancements. The rate is 2.15%, which may go down slightly. He directed attention to the commitment letter from the Bank with the terms and conditions. The money will be transferred sometime next week. The first payment will be due next July. CITY COUNCIL 5 JULY 2016 PAGE 3 Ms. Nowak stressed that the money to pay for this loan is coming from the ½ cent approved by voters. Mr. Hubbard said that money will go into a special fund and the money raised by the ½ cent will go directly back to T D Bank. Mr. Barritt moved to approve the resolution and all other pertinent documents associated with procuring a $1,125,000 loan from TD Bank, NA, to be used to fund a variety of maintenance projects and enhancements to open spaces. Ms. Nowak seconded. The motion passed 3‐0. 8. Liquor Control Board: All Ranks Club (Club 356) – First Class Mr. Barritt moved the Council convene as Liquor Control Board. Ms. Nowak seconded. Motion passed 3‐0. Ms. Riehle noted that the application is now complete. Mr. Barritt moved to approve the First Class Liquor License for All Ranks Club (Club 356) as presented. Ms. Nowak seconded. Motion passed 3‐0. Ms. Nowak moved to reconvene as City Council. Mr. Barritt seconded. Motion passed 3‐0. 9. Other Business: A. Items Held from Consent Agenda No items were held. B. Other: Mr. Dorn drew attention to a document from the Chittenden County Regional Planning Commission which will be brought to the Council for consideration at its next meeting. This involves the potential for a regional dispatch center. The Legislature paved the way for this to happen. Mr. Dorn said there is consensus among most town managers and police chiefs that a regional system will be best for the area. The action will be for a study as to how to accomplish this. Mr. Dorn also noted that he and Mr. Hubbard have been talking with Winooski Valley Park District people regarding having them manage some of the city’s open space passive areas. CITY COUNCIL 5 JULY 2016 PAGE 4 They may be doing this for other communities as well. Mr. Dorn noted South Burlington already pays the Park District an annual fee. This would have the potential for them to manage more directly such areas as Wheeler Nature Park, Red Rocks Park, etc. The city would continue to manage the active recreation areas (ballfields, etc.). Ms. Nowak felt this was a logical step as the city has acquired more land and has only a certain number of staff to maintain that land. Mr. Dorn said the city does not now have the staff to maintain all of those areas. As there was no further business to come before the Council, Ms. Nowak moved to adjourn. Mr. Barritt seconded. Motion passed 3‐0. The meeting was adjourned at 7:50 p.m. ________________________________ Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Chamberlin Neighborhood-Airport Planning Committee Final Reports DATE: July 18, 2016 City Council meeting We are pleased to submit the final reports of the Chamberlin Neighborhood-Airport Planning Committee (CNAPC), approved on June 16th of this year. From April 2015 through last month, the CNAPC and its noise subcommittee met a total of 22 times and held three public forums. Many of the members also participated in community meetings affecting the neighborhood, including a public presentation by the Airport on the (then draft) updated noise contours, the Airport’s first public workshop on its draft Re-Use Plan, and the School District’s public meeting at Chamberlin Elementary on potential alternatives for schools in the community. This project would not have been possible without the dedication of the volunteers in the community, our tremendous partner from Day 1 - the Chittenden County Regional Planning Commission – and the dedicated work of Resource Systems Group (RSG) and its team. Below are links to the two final reports from the Committee (found at www.sburl.com/planning): • Chamberlin Neighborhood Land and Transportation Plan • Final Report of the Chamberlin Neighborhood-Airport Planning Noise Subcommittee Each contains a detailed list of recommendations for next steps in the community. Staff, next week, will be providing relevant portions of the reports to responsible parties within the City, including: • Capital project recommendations to the Bicycle and Pedestrian Committee, Recreation & Parks Committee, Department of Public Works, and Recreation & Parks Department; • Programmatic recommendations to the Recreation & Parks Committee • Land use policy recommendations to the Planning Commission • Others as appropriate At Monday’s meeting, members of the CNAPC will present the findings from the report and be on hand for any questions / discussion the Council may have. Action: Staff recommends that the Council formally accept the final reports and, if appropriate, consider scheduling a future meeting for a more detailed discussion of the reports’ recommendations.