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HomeMy WebLinkAboutMinutes - City Council - 11/02/2009CITY COUNCIL 2 NOVEMBER 2009 The South Burlington City Council held a regular meeting on Monday, 2 November 2009, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; J. Knapp, M. Emery, S. Dooley, F. Murray Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; P. Conner, Director of Planning & Zoning; M. Beaudin, Planning Commission, B. Stuono, Development Review Board; Chief T. Whipple, and other members of the Police Department; T. DiPietro, Stormwater Superintendent; E. Fitzgerald, School Board; S. Stitzel, City Attorney; Mme. Sorel and visiting exchange students; A. Friendman, VLCT; C. Baker, Regional Planning Commission; B. Cimonetti, M. Young, J. Zaetz 1. Comments & Questions from the Audience not related to Agenda items: No issues were raised. 2. Other Business & Announcements: Mr. Hafter: The City has received a $600,000 grant for 28 additional affordable senior housing units at the Farrell St. development. The first Lake Champlain Regional Chamber of Commerce Legislative Receptions will be held on 1 December, 5-7 p.m. at the Essex Resort. The first GBIC Legislative Breakfasts will be held on 11 January with Governor Douglas in attendance. Discussions will be taking place regarding Community Forums, which were a part of the amended City Charter. The first meeting will be on 4 November, 3:30 p.m. in Paul Conner's office. Mr. Hafter provided an update on storm water projects approved by voters in the recent election. Quarry Ridge, Winding Brook and Oak Creek projects are substantially complete; Twin Oaks is 80% complete; Ridgewood/Indian Creek is yet to begin; Harbor Heights is awaiting an agreement with the neighbor or an alternate plan. The City Charter Committee will be meeting to discuss the requirement for voting by Australian ballot and the timeline for budgets/public hearings in light of the new voting date. Carbon Harvest Energy did not win the lottery for their solar project, but they may still get a chance at it. They did win the bio-solids lottery. 3. Presentation of Resolution Honoring International Experience and Exchange Students from Perigieux, France: Mme. Sorel thanked the City for its support for the past 30 years. Over 1500 exchange students have visited the City from many countries and South Burlington students have had the opportunity to visit other countries. There is a hope that in the there can be exchanges of city personnel, senior citizens, and other members of the community. Mme. Sorel then introduced students and teachers from France and the South Burlington families that have been hosting them. She noted that this exchange program has resulted in some marriages and in children being raised in South Burlington. Ms. Emery then read the resolution (in French) and presented it to Mme. Sorel. 4. Invitation from Veterans Day Committee for Veterans Day Program at South Burlington High School: Mr. Zaetz said this is the second year of the program which will be held on 11 November at 10 a.m. in the High School. Brigadier General John Farnham will give the keynote address. There will also be an attempt to talk with Vermont Guardsmen serving in Afghanistan via webcam. Plans are still being prepared for the Veteran's Memorial in Dorset Park. 5. Review of Final Floor Plan and Space Needs for 19 Gregory Drive Renovation: Mr. Hafter introduced Al DiPietro who will serve as Clerk of the Works for the project for the city. Chief Whipple noted there will be "checks & balances" in the contract with Black River Design so nothing critical is missed. Chief Whipple then showed a vision of the front of the building including an access to the tenant space. Mr. Hafter noted there is interest from several agencies in renting that space. The Chief also indicated a door to the administrative office space. He showed a plan of the exterior with 150 parking spaces, an employee entrance, and the proposed 1200 sq. foot addition to square off a corner of the building. There will be a gated prisoner handing area in the rear. The Chief noted that the building can be run by generator and will be entirely self-contained. The Chief then reviewed the "public area" including dispatch, interview room, some records storage, small kitchenette, rest rooms and public meeting/training room. Mr. Boucher said he would be willing to help provide leads on office equipment that can be purchased at a good price from companies in bankruptcy. The Chief then reviewed other areas of the building including the Youth Services/Crime Intervention area, Criminal Investigation Unit, High Security Prisoner Area, Evidence Storage, Patrol Unit Area, Administrative Area and the second floor Physical Training, locker room, and shower facilities. The Chief noted the available leasable space is approximately 7000 sq. ft. Mr. Young asked how taxpayers would benefit from the leased space. Mr. Hafter said he would recommend using the income to reduce the debt service. 5a. Validation Resolution: Mr. Hafter noted that the Burlington Free Press had forgotten to publish one of the three required publications of the warning. The Bond Bank has no issues; they just want the City Council to adopt a Validation Resolution. Ms. Emery moved to adopt the Validation Resolution as presented. Mr. Knapp seconded. Motion passed unanimously. 6. Consideration of Purchase & Sale Agreement with REM Development Co., LLC, for 19 Gregory Drive: Mr. Stitzel clarified the status of the corner where the addition is to take place. He indicated that he is satisfied with the agreement. Contingencies have been added for the permitting process (both for the City of South Burlington and Act 250). REM will get a ruling as to whether Act 250 review is required. Mr. Stitzel noted that one document that does not yet exist is the actual declaration of condominium. This should be ready by the end of the week. The building will be divided into 2 units. The city would acquire 72-73% of the building. The existing tenant has the rest of the building. Mr. Boucher said the Mr. Miller has said the City Council can approve this subject o approval of the declaration of condominium. Mr. Murray said he felt it would be prudent for the city to get an appraisal before making the purchase. Mr. Stitzel said it is common for the city to have a document that it is an approximate fair market value, and it is also common for a municipality to pay a little more than that for a property. Mr. Murray said that after talking with an appraiser he is concerned the city might be paying $1,000,000 more for the property than its value. Mr. Stitzel said that since there is already voter approval, he wouldn't find it prudent to get an appraisal. Mr. Boucher stressed that the city went to the "market place" and said: "Give us your best deal.," and bidders knew they were competing. He felt the city got the best deal it could. Ms. Dooley said she felt there are intangibles that have great value. This is an existing building that can be expeditiously fitted up for the Police Department use. There is also the opportunity to buy a portion of the building now. She didn't know how you could develop a "comparable" for those intangibles. She said she believed the public felt the City Council was doing due diligence. Ms. Emery moved that the City Council approve the agreement as presented with the exception that paragraph 3 c be amended to reflect that the carrying costs will be refunded if the condominium document is not approved. Mr. Knapp seconded. Motion passed 4-1 with Mr. Murray voting against. Ms. Emery then authorized the Chair, and in his absence the City Manager, to execute the agreement on behalf of the City. Mr. Knapp seconded. Motion passed 4-1 with Mr. Murray opposing. 7. Discussion with Abigail Friedman, Director, VLCT Municipal Assistance Center, on City Manager selection process: Mr. Murray asked when an ad has to be placed to get someone on board by 1 May. Ms. Friedman said they would mark up a schedule to show what should be done and when. She said VLCT can do an initial screening of applicant. Mr. Boucher said the Council would like a citizen's committee involved in the process. Ms. Friedman said VLCT would also like the City Attorney to be involved in the contract process. Ms. Dooley felt there should be at least one City Council member on the Committee. Mr. Simson said the last committee included a City Councilor, Hank Lambert (a former City Manager), Wayne Roberts, Vi Lugenbuhl and Howard Perkett. Mr. Hafter reviewed the process when he was selected. He recommended placing an ad in the Other Paper for members of the public to serve on the Committee. Mr. Murray left the meeting at this point. 8. First Reading of Amendments to Land Development Regulations, Various items, schedule of public hearing on same: Mr. Boucher suggested a joint Planning Commission/City Council meeting early in the new year. Mr. Conner then presented 16 amendments. He noted that most of them are very small adjustments, clarifications, etc. Ms. Emery raised the question of adding "green design" to NRP houses. Mr. Conner said he would suggest having that apply more broadly. Ms. Dooley moved to waive the first reading and schedule a public hearing for 1 December 2009 Mr. Knapp seconded. Motion passed 4-0. 8. Update on Regional Plan Development Process: Mr. Baker said the Regional Planning Commission is beginning the update of the Regional Plan and would like any preliminary comments the city may wish to presented. Ms. Emery cited the importance of a state-wide regional plan. She asked at what level are wetlands dealt with. Mr. Conner said they are dealt with at all levels. He explained more recent thinking in that area. 13. Minutes of 19 October 2009: Mr. Knapp moved to approve the Minutes of 19 October 2009 as written. Ms. Emery seconded. Motion passed 4-0. Mr. Boucher left the meeting at this point. Ms. Dooley presided over the remainder of the meeting. 10. Consideration of Appointment of Cathy Sheffield to Library Board of Trustees: Ms. Emery moved to appoint Cathy Sheffield to the Library Board of Trustees. Mr. Knapp seconded. Motion passed 3-0. 11. Consideration of acceptance of Oakwood Drive Extension and Eldredge Street as public streets: Ms. Emery moved to approve Oakwood Drive Extension and Eldredge Street as public streets. Mr. Knapp seconded. Motion passed 3-0. 11a. Resolution for Vermont Community Development Grant for Airport Technical Center: Mr. Hafter noted that a public hearing was held last Thursday. Mr. Gravelin said the grant would be for $30,000 for design and permitting. Ms. Emery moved to approve the resolution as presented. Mr. Knapp seconded. Motion passed unanimously. 12. Review of Development Review Board Agenda for meeting of 3 November 2009: Mr. Conner advised that the both the Airport and Whole Foods applications will be continued at the applicants' request. 15. Sign Disbursement Orders: Disbursement orders were signed. 14. Liquor Control Board: Mr. Knapp moved the Council adjourn and reconvene as Liquor Control Board. Ms. Emery seconded. Motion passed 3-0. Mr. Hafter presented a request for a Liquor License for a new golf club, Gonzo's Indoor Golf Club and Academy. He said the application was all in order. Ms. Emery moved to approve the Liquor License of Gonzo's Indoor Golf Club & Academy as presented. Mr. Knapp seconded. Motion passed 3-0. As there was no further business to come before the Council, the meeting was adjourned at 10:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 2 NOVEMBER 2009 PAGE 5 new year. Mr. Conner then presented 16 amendments. He noted that most of them are very small adjustments, clarifications, etc. 1. 2 map amendments to match up the overlay district with where water actually flowed and to match design review district with City Center Zoning districts 2. Clarifies that homes in the SEQ/NRP district can place one building or replace/move and existing house (to a less intrusive area) 3. Better criteria for location of parking on a parcel 4. Differentiation of parking standards for assisted living and congregate housing 5. Allowing pet grooming in certain areas (with no outdoor exercise areas) 6. Specifies rules for pet exercise areas 7. Differentiates between outdoor display and storage. 8. Allows for slightly taller (up to 25 feet) accessory structures if they meet certain standards an only on properties of more than one acre. 9. Allows for energy efficient exterior lighting 10. Allows self-storage in certain areas as a secondary use. 11. Adds site plan review for child care facilities. 12. Allows minor lot line adjustments to be done administratively in most cases. 13.-16. A series of technical corrections/changes. Ms. Emery raised the question of adding “green design” to NRP houses. Mr. Conner said he would suggest having that apply more broadly. Ms. Dooley moved to waive the first reading and schedule a public hearing for 1 December 2009 Mr. Knapp seconded. Motion passed 4-0. 8. Update on Regional Plan Development Process: