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Minutes - City Council - 12/03/2012
CITY COUNCIL 3 DECEMBER 2012 The South Burlington City Council held a regular meeting on Monday, 3 December 2012, at 5:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; J. Rabidoux, Director of Public Works; K. Murray, Development Coordinator; S. O'Neil, E. Wood, E. Dates, D. Jenkins, A. Harrison, B. Stuono, G. Rabideau, A. Senecal, J. Nick, C. Heindel, M. Mittag 1. Executive Session: Ms. Dooley moved the Council meet in executive session. Mr. Engels seconded. Motion passed unanimously. Following the executive session, Mr. Engels moved the Council exit executive session. Ms. Mackenzie seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: Members agreed to add to the agenda the selecting of a date for discussion of the ad in The Other Paper and the adding of additional members to the Form Based Codes subcommittee. 2. Comments & Questions from the Audience, not Related to Agenda Items: Mr. Mittag: Asked why, in the face of public opinion, the solar installation at Dorset Park is mounted on the ground instead of on the rooftops of the 2 hockey buildings. He said the Park land is supposed to be for recreation use. 3. Announcements & City Manager's Report: Mr. Miller: Attended the VLCT Board meeting on 27 November. The Legislative Breakfast will be held at City Hall tomorrow morning. The GBIC reception scheduled for tomorrow has been cancelled. Ms. Dooley: Affordable Housing Subcommittee met last week. There were 4 evening meetings at the 4 schools. Each had a different theme. A number of people in official capacities attended, and the discussions were very worthwhile. Notes will be on the Affordable Housing web page soon. Mr. Engels: Form Based Codes subcommittee met last Thursday. A number of members who attended the Affordable Housing meetings had great things to say about them. Also attended a meeting of the Pension Advisory Committee which met with people from the School District. The Committee received 12 responses to its RFP and has invited presentations from 8 of the 12. 4. Consent Agenda: A. Approve Minutes for 1 and 22 October and 5, 19, 23 November 2012 B. Sign Disbursements C. Possible approval of a $.30 increase in the per site visit fee, from $0.60 to $0.90 to Systems East, Inc., for acceptance of credit card payments for City services D. Consider approval of Homeland Security Training Reimbursement Grand (Fire Chief) Ms. Dooley asked to remove the warrant from the Consent Agenda. Mr. Engels moved to approve the Consent Agenda minus the warrant. Ms. Dooley seconded. Motion passed unanimously. Mr. Rusten explained the Prudential charge for asset management. He also confirmed that the $10,000,000.00 paid to the School District is the typical payment to them from tax receipts. Ms. Mackenzie moved to approve the warrants. Ms. Dooley seconded. Motion passed unanimously. 5. Interview Candidates for Trustee on the Library Board and Consider Extension or Re-advertising: A. Sarah O'Neil: Is an avid reader and loves the Library. Felt she could help. Is on the Board of Directors for First Night; also volunteers for the Cancer Society, YMCA and Rotary. Understands the time commitment. If she disagreed with a City Council position, she would be open minded and work to reach an agreement. Mostly interested in serving on the Library Board. B. Elizabeth Wood: Lifelong library lover and user; was an English teacher and has been a librarian with health care organizations. Is beginning to get involved on the Forum for Vermont Public Radio, a committee for the United Way, and program planning for Elder Education. Understands time commitment. In a case of disagreement, would make sure both sides are heard. Interested only in the Library Board. C. Ellen Dates: Had a great experience as Trustee for the Pierson Library when she lived in Shelburne. Serves on the Burlington Garden Club, which worked on the front entrance to this Library. Also on the State Garden Club and Rotary. OK with time commitment. In case of disagreement would work collaboratively to avoid conflict. Interested only in the Library Board. D. Amy Harrison: The ad "spoke to me"; wants to do some planning as it's what she's done in her career. Not serving on any other committees in the city. OK with the time commitment. In instances of conflict, her personal view wouldn't come out in public. Would be open to other committees. Feels this Library is behind others she has participated in, technologically and in available services, especially room for children. F. Kathy Mackin Avid reader, loves the Library; is retired now and wants a project to sink her teeth into and make a difference. Background in project management and fund raising for the United Way. Also volunteers in the "Read to Me" program in the Burlington North End. OK with time commitment. In instances of conflict, would listen, ask questions, and go with what Council wants if there were no moral conflicts. Only interested in Library Board at this point. G. Don Jenkins: Would like to see a separate facility; served on a committee that discussed steps to make that happen. Member of non-profit board and Rotary. No time commitment issues. In instances of conflict would go with the decision of others. Interested only in the Library Board at this time. 6. Interim Zoning - Reopen/Reconsideration: A. Reconsideration of Interim Zoning Application #IZ-12-07, Rye Associates, subdivide an 18.01 acre parcel into 30 lots for development of: 1) 36 single family dwellings, 2) four 4-unit, multi-family dwellings, and 3) four commercial buildings totaling 20,000 sq. ft., 1075 Hinesburg Road: Mr. Rabideau said the purpose of reconsideration is to correct a technical flaw. They misstated the number of acres needed to sustain the TDRs. The applicant needs to buy 31 units of development rights from another property. They would conserve 25.8 acres. They agree with staff's math on this. Mr. Rabideau said the applicant is still committed to purchasing the rights on a suitable piece of land and feels this meets the Council's intent to conserve agricultural soil. Ms. Greco said she still has a concern with building on good soil but is the only one who feels that way. Ms. Murray said she can recheck to be sure the numbers are accurate. Ms. Mackenzie moved to close the hearing as the applicant has agreed to abide by staff's numbers. Mr. Engels seconded. Motion passed unanimously. 7. Interim Zoning - Continued Public Hearings: A. Continued Public Hearing Interim Zoning Application #IZ-12-08, 900 Dorset Street, LLC: construct a three unit multi-family dwelling on lot with existing single family dwelling, 900 Dorset Street: Mr. Nick provided some architectural renderings and pictures of the existing property. He showed a picture of the proposal to relocate the rec path. They would work with City staff regarding the best use of that space. He also reminded the Council that one unit would be affordable. The road would be gravel. All previously stated amenities remain. Ms. Mackenzie said she appreciated the level of cooperation. Ms. Mackenzie moved to close the hearing. Mr. Engels seconded. Motion passed unanimously. B. Continued Public Hearing: Interim Zoning Application #IZ-12-13, Queen City LLC: amendment to PUD to add two new dwelling units, 428-434 Shelburne Road: Mr. Heindel said parking matches the current requirements. They could be allowed up to a 25% reduction. They are not sure where any pavement would be removed. Ms. Dooley noted that staff has said the Council needs to see any plan that removes pavement. Ms. Dooley said she would like to see green space adjacent to front doors. Mr. Heindel said they would look at that. Ms. Mackenzie moved to continue the hearing until 7 January 2013 with possible deliberation in between. Ms. Dooley seconded. Motion passed unanimously. c. Continued Public Hearing: Interim Zoning Application #IZ-12-14, Pizzagalli Properties, LLC: raze existing Liberty Inn and Suites and construct 32,000 sq. ft. general office building and parking, 462 Shelburne Rd: Ms. Murray advised that the applicant has asked for a continuation. Ms. Dooley moved to continue IZ-12-14 until 7 January 2013, with possible deliberation in between. Ms. Mackenzie seconded. Motion passed unanimously. 8. Logo for Path to Sustainability: Ms. Murray showed the proposed logo to members. Ms. Greco suggested adding something "growing." 9. Discuss Draft Legislative Priorities: Mr. Miller noted that since Barre has been deemed to be #6 in the TIF line, the city will be asking for special legislation to add a 7th allowable TIF to accommodate South Burlington. Barre doesn't have final approval but Mr. Miller felt they will get it before South Burlington does. He noted there will be some trips to Montpelier needed to testify but felt that since the Governor is supporting this, he didn't consider it to be a huge problem. Ms. Greco asked if the change would be just for South Burlington or could benefit the whole state. Mr. Miller said it is more likely the request would be granted if it benefits more than just South Burlington. Members expressed concern with the time commitment. Mr. Miller said it is crucial to have a TIF District that works well and suggested that staff would report back to the Council if they felt it was taking too much of their time. Members were OK with that. With regard to the railroad crossing issue, Mr. Miller said they would be building on what Michele Kupersmith did last session. Nothing would preclude the city from providing its own solution if needed later on. Legislators would be introducing legislation that might prod the AOT to take action. Legislators will also be asked to keep the city informed so the city can have input on what ANR proposes that could affect the city's Stormwater Utility. With regard to unfunded health care mandates, Mr. Miller said if the legislature wants municipalities to pay for things, the state should provide some of the funding. He said the city wants legislators to be on top of this issue. Ms. Dooley noted that everyone is being asked to pay more. Mr. Rustin suggested reminding legislators that there is a tax impact on any mandate. Mr. Miller suggested discussion on unfunded mandates in general. Mr. Miller then explained the process for the City Charter change proposals. Members agreed that these should be handled as two separate bills. Mr. Miller noted that the City Clerk is being asked to perform civil marriages. She cannot do this because she is not a Justice of the Peace. She is asking for the right to do this with the money to go to the city. Mr. Miller questioned whether Legislators should be asked to look into this. He noted that Justices of the Peace might not like it. It was suggested that this be run by the BCA. 10. Discuss FY14 Budget Review Schedule: Members agreed to hold the budget review on Saturday, 12 January, from 9 a.m.-5 p.m. They also agreed to hold 17 January in reserve, incase budget work is not finished on the 12th. Ms. Mackenzie will do a budget article for The Other Paper. 11. Other Business: A. Date for The Other Paper ad discussion: Ms. Dooley said she hoped the discussion could be at the next meeting. Mr. Miller said that meeting already includes the audit (Ron Smith will be here), the pension (Managers will be here), and ECOS. Members agreed to add The Other Paper ad discussion to that agenda. B. Form Based Codes Subcommittee additional members: Mr. Engels presented Peter McCarthy of MBT Bank and Martin LaLonde of the School Board as additional members. Ms. Dooley moved to approve Mr. McCarthy and Mr. LaLonde for membership on the Form Based Codes subcommittee. Ms. Mackenzie seconded. Motion passed unanimously. C. Response to Mr. Mittag: Mr. Miller noted the area where the solar installation is located is not used for recreation. It was a wiser site than others that were proposed. He noted that using the rooftops of the Cairns buildings could be an issue with the tenant, and the city does not control those buildings. Mr. Miller noted the city doesn't have a formal policy on this. It would fit in with the "path to sustainability." Mr. Engels questioned the "clean air" e-mails that have been received. Mr. Miller said there is a "resolution of intent" which doesn't require the city to do anything. Members were OK with putting this on a future agenda. Executive Session: Ms. Mackenzie moved that the Council meet in executive session to discuss appointments with no action to be taken following the session. Ms. Dooley seconded. Motion passed unanimously. Regular Session: Ms. Mackenzie moved that the Council meeting adjourn. Ms. Dooley seconded. Motion passed unanimously. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.