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HomeMy WebLinkAboutMinutes - City Council - 12/21/2009CITY COUNCIL 21 DECEMBER 2009 The South Burlington City Council held a regular meeting on Monday, 21 December 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; D. Kinville, City Clerk; P. Conner, Director of Planning & Zoning; B. Stuono, M. Young 1. Comments & Questions from the Audience, not related to Agenda items: Ms. Kinville said it has been more than 3 years since the city has looked for quotes for banking services. She suggested they do that now as there have been several small issues. 2. Announcements & City Manager's Report: Ms. Emery said she felt the possibility of a City Council code of ethics should be on an upcoming agenda. Mr. Hafter noted there is one already drawn up and ready to be discussed. He will put it on a future agenda. Mr. Boucher noted he received an e-mail from Bill Stuono regarding a decision he made on a recent DRB vote. He said it raised a questions as to what should be the policy regarding dialogue between the DRB and City Council. The City Attorney says a DRB member has no obligation to explain the reasons for his/her vote, and the City Council should not comment on an issue. Mr. Stuono said he felt the Free Press had misrepresented his position and he wanted the Council to know the facts. Mr. Hafter: the CWD Board will meet tomorrow at Noon. Bids will be opened on Wednesday, 10 a.m. for the paving of 5 miles of the Rec Path Greyhound representatives have asked to speak with the Council at the 4 January meeting. One of the February meetings will take place at Central School. The budget public hearing will take place on 21 January 2010. 3. Continuation of public hearing from 7 December 2009 on proposed amendments to the Land Development Regulations; second reading of same: Mr. Conner reviewed the amendments as follows: A. Bartlett Brook Stormwater Overlay Boundary: Mr. Conner explained that for 10 years the city has had an overlay district in place to address areas subject to flooding. There is now more scientific mapping. The recommendation is to change the map to include the new information. B. Design Overlay District in City Center: Mr. Conner said the City Center area has 2 levels of zoning, a basic zoning and a design overlay. The design overlay has set out an architectural standard for what is built. In recent years, there have been some changes to the basic districts, and the amendment seeks to match the design review overlay to the base districts. Mr. Conner noted there is an exemption for single family/2-family homes and also for school property. Should the school sell any of its property, that property would then fall under the design review standards. C. Homes in the Southeast Quadrant-NRP District: Mr. Conner said the main piece of the amendment clarifies the allowance of a single family home on less than a 15-acre property. This applies only to lots in existence since 1992. The other piece of the amendment allows the replacement of a house in the same location or in a "less harmful" spot on the property. Mr. Boucher question whether to limit the increase of the house footprint. Mr. Conner said the size of homes in the city has not been explored. Ms. Dooley suggested language such as "...will improve conservation aims." Mr. Boucher said he didn't want to discourage people from moving a home to a less impacting area. Ms. Dooley asked whether it is clear that an existing structure cannot become an "accessory structure." Mr. Boucher said the existing structure would have to be eliminated if a new principal structure were to be built. Mr. Stuono said he would like to see clear standards for the DRB. Mr. Knapp suggested adopting what is presented so that there is standard and then having the Planning Commission relook at it to make it clearer. Mr. Conner noted this does not apply to a large number of properties. D. Location of Parking on a Parcel: Mr. Conner noted the regulations currently say parking shall be to the side or rear "where practical." This is not a standard that can be applied. The City Attorney has recommended more specific language. The proposed language would list the specific exceptions as follows: 1. To meet the Americans with Disabilities Act 2. Single/2-family homes 3. Unstable soil 4. The building is existing 5. Public Recreation areas 6. Multiple buildings on a parcel There is also specific language as to what can take place on a corner lot. Mr. Stuono questioned whether this parking regulation discourages nice facades facing the street. Mr. Conner said that was a concern. The Planning Commission felt it could take a look at design standards in a future round of amendments, but they wanted to clarify the legal issues now. E. Parking Standards for Assisted Living: Mr. Conner noted that the existing standards for assisted living are the same as for congregate housing. The Planning Commission has been told the numbers for assisted living are way off. Research has shown that what is recommended is a half-space per unit. To be conservative, the amendment is recommending .6 parking spaces per unit. It is highly unlikely that anyone living in an assisted living residence will be driving. F. Pet Grooming: The amendment distinguished pet grooming from a kennel use. It would be allowed where other personal services are allowed. G. Outdoor Exercise Areas for Animals: These would not be allowed for pet grooming facilities. The amendment includes standards to address concerns raised by neighbors. H. Gated Driveways/Roads: The amendment clarifies that these are not allowed in the city. I. Outdoor Storage/Outdoor Display: The amendment clarifies the difference between these uses. J. Accessory Structures: Mr. Conner noted there have been requests for accessory structures higher than 15 feet (e.g., a barn with a pitched roof). The amendment would allow 25 feet with qualifications (including 1 acre minimum lot size, additional setbacks, roof design). Ms. Dooley said she didn't want to approve a secondary structure that might be higher than the main structure. Mr. Knapp said that didn't concern him. Ms. Emery was OK with the amendment as there are no waivers for additional height to the accessory structure. K. Number of Units in a Structure in an R-4 District: Mr. Conner said the amendment creates a cap of 4 units. This will be further researched. L. Exterior Lighting: The amendment encourages energy-efficient lighting. M. Self-Storage in the I-C District: The Planning Commission agreed to allow this as a secondary use in establishments where there is staff on duty. N. Childcare Facilities: The amendment clarifies that these are subject to site plan review. O. Minor Lot Line Adjustments: The amendment allows these to be handled administratively. If there is a question, the administrator can refer the issue to the DRB. P. Language Regarding Signs: Language regarding signs has been removed for the Zoning regulations since there are separate regulations governing signs. Mr. Conner noted there is also a series of minor word changes and clarifying language. All "may not" language has been changed to "shall not." Ms. Emery moved to close the public hearing. Mr. Knapp seconded. Motion passed unanimously. Ms. Dooley moved to waive the second reading as amended. Ms. Emery seconded. Motion passed unanimously. Ms. Emery moved to send item "C" back to the Planning Commission. Mr. Knapp seconded. Motion passed unanimously. Ms. Emery moved to approve all amendments except "J." Mr. Knapp seconded. Motion passed unanimously. Mr. Knapp moved to approve amendment "J." Ms. Emery seconded. Motion passed 3-1 with Ms. Dooley voting against. 4. Review of Proposed Language for Ballot Items and Proposed Charter Amendments for March, 2010 Ballot; set public hearing dates for Charter change hearings: Mr. Hafter outlined the 5 ballot items as follows: A. City proposed budget B. Modification of use of annual conservation fund to allow for maintenance of conserved lands (Mr. Knapp suggested adding the word "existing" so people don't think this is a new tax) C. Road improvements D. Charter Amendment #1 - to allow for a floor vote under exceptional circumstances Ms. Kinville said she has a little issue with the language. She felt it takes a vote away from people who cannot get to a meeting. It could also lead to abuse in the future. Mr. Boucher suggested enumerating instances when a floor vote cannot take place. Ms. Kinville felt that would address her major concern. E. Charter Amendment #2 - adjusts the timing budget public hearings, public notification, etc. to align with a March vote. Mr. Hafter suggested holding public hearings on 25 January 2010 at 5 p.m. and 1 February 2010 at the regular City Council Meeting. 5. Consideration of Loan Agreements with the Vermont Municipal Bond Bank for the Stormwater System Improvements: Quarry Ridge $74,000 (AR1-014), Twin Oaks $213,316 (AR1-070), Ridgewood/Indian Creek $198,281 (AR1-071), Winding Brook $90,310.70 (AR-1-072, Harbor Heights $104,000 (AR1-073): Ms. Emery moved to approve the agreements for Quarry Ridge, Twin Oaks, Ridgewood/Indian Creek, Winding Brook, and Harbor Heights as presented. Mr. Knapp seconded. Motion passed unanimously. 6. Consideration of Appointment of City representatives to 19 Gregory Drive Condo Executive Board: Ms. Dooley moved to appoint the Chief of Police and Assistant City Manager to the 19 Gregory Drive condo Executive Board. Ms. Emery seconded. Motion passed unanimously. Mr. Hafter noted that the City has closed on the 19 Gregory Drive property. 7. Discussion of City Manager Selection Process. Update from Chair Boucher on Citizen Interest in Serving on Selection Committee: Mr. Boucher said 13 citizens; the School Superintendent and 2 Department Heads have offered to serve on the committee. He suggested choosing 6 citizens. Ms. Emery suggested having all of them review the initiation applications and then have a smaller group to interview selected candidates. Members were OK with that. Mr. Boucher noted there have been 38 applications for the position as of Friday. The cutoff date for applications is 11 January 2010. 8. Acceptance of Resignation of Sandra Lindberg from Board of the Community Library: Ms. Dooley moved to accept the resignation of Sandra Lindberg from the Library Board and to send a letter of appreciation for her service. Ms. Emery seconded. Motion passed unanimously. 9. Minutes of 3 December 2009 and 7 December 2009: Ms. Emery moved to approve the minutes of 3 December 2009 as written. Ms. Dooley seconded. Motion passed unanimously. In the Minutes of 7 December, it was noted that in item 11, the final motion was made by Mr. Murray not Mr. Knapp (who did not participate). Ms. Emery moved to approve the Minutes of 7 December as amended. Mr. Knapp seconded. Motion passed unanimously. 10. Sign Disbursement Orders: Disbursement orders were signed. As there was no further business to come before the Council, the meeting was adjourned at 9:05 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.