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HomeMy WebLinkAboutMinutes - City Council - 11/05/2012CITY COUNCIL 5 NOVEMBER 2012 The South Burlington City Council held a pre Town Meeting and regular meeting on Monday, 5 November 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, H. Riehle Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; P. Conner, Director of Planning & Zoning; J. Rabidoux, Director of Public Works; I. Blanchard, Project Manager; K. Murray, Planning Department; C. Heindel, B. Bouchard, J. Olesky, F. Kochman, C. Flanagan, A. Boucher, G. Rosenberg, K. McEachern, L. Williams, M. Shelato, M. Hennessey, J. Heidcamp 1. Pre-Town Meeting: Local Articles 1, 2, and 3 were reviewed and explained. Mr. Engels explained that the Council supports Articles 1 & 2 and feels they will be better for the functioning of the city. He said that Article 3 would move power to the City Clerk's office. There was no public comment. Ms. Mackenzie moved to adjourn the pre-Town Meeting. Ms. Riehle seconded. Motion passed unanimously. Ms. Dooley moved to begin the regular session. Ms. Riehle seconded. Motion passed unanimously. 1. Agenda Review: Mr. Miller noted receipt of a communication from Paula Flaherty whose late husband, a former City Councilor, died a few years ago from pancreatic cancer. She is asking the city for a proclamation declaring November as Pancreatic Cancer Month in South Burlington. Members agreed to add this to the Consent Agenda. 2. Comments & Questions from the Audience, not Related to Agenda Items: No issues were raised. 3. Announcements & City Manager's Report: Mr. Miller: Noted the resignation of Michelle Canon from the Library Board of Trustees. Mr. Miller (cont): Noted receipt of a petition with over 10,000 signatures opposing the City Council's opposition to the F-35s. Members were OK with adding this to "other business." The Regional Planning Commission held its annual conference in South Burlington. It featured discussion on the ECOS project. Ms. Dooley, Ms. Greco and Marcel Beaudin also attended. Outreach on the ECOS project will continue. There will be a presentation at the City Council on 17 December. Mr. Engels: The sub-committee of the Pension Advisory Committee met to begin discussion of the 12 proposals received. They will meet again on 27 December. The Form Based Codes Committee met with their consultant for the first time. There is discussion of changing the name from "form based codes" to "community design." They are also looking to rewrite their mission statement. Paul Conner and Paul Dreyer will work on this. There is a plan to add more members to the committee. Ms. Mackenzie: Has been working since January on a Pre-Kindergarten Committee which held a retreat 2 weeks ago. They are working on a state-wide initiative. Attended the Vermont Round Table meeting which featured a discussion on heart health. Chaired the Public TV board. Has been asked to join the Mercy Connections Board. Ms Dooley: Did a second round of visits to vacant houses at the Airport. Testified in support of the city's TIF application Will have an Affordable Housing sub-committee focus group on 4 December, and a Housing Summit on 15 November at the Middle School. There will also be neighborhood meetings. They hope to have this taped by CCTV. Ms. Greco said it would cost $400 if there are no city hours available. Mr. Miller will check on this. Mr. Conner noted that University Mall spoke in favor of the city's TIF application. Ms. Greco: Attended the Planning Commission meeting. Mr. Miller: Also attended the Airport Steering Committee meeting which featured a presentation from a potential consultant. The next meeting will be on 15 November, 5:30 p.m. 4. Consent Agenda: A. Approve Minutes of 22 October 2012 B. Sign Disbursements C. Consider Approval of Governor's Highway Safety Equipment Incentive Grant D. consider Approval of FY2013 CCRPC Sidewalk Program Grant and Ratify Submittal of Grant which was Due November 5th E. Consider Acceptance of Wildflower Drive as a New City Street F. Consider Approval of Adjustment to the Repayment Schedule for CWSRF ARRA Loan AR-1-071 Mr. Miller noted that item "D" has a deadline of 16 November, so this would be an approval. Ms. Riehle asked to remove item "E" for a question and Ms. Greco asked to remove item "A." Ms. Dooley moved to approve the Consent Agenda minus items "A" and "E" and with the addition of the Resolution of Pancreatic Cancer Awareness Month. Ms. Riehle seconded. Motion passed unanimously. Regarding item "E," Ms. Riehle asked what the process is for this. Mr. Conner explained noted that the LDRs require a majority of infrastructure to be built to city standards. After a time to insure that things are functioning as they should, the city can accept a street as a city street. Ms. Riehle asked what happens if a problem is found 5 years later as was the case with one street. Mr. Rabidoux said that problem occurred at least a decade later. He explained that inspections are done at the one year and two year anniversary. Mr. Conner added that there is performance bonding in case an issue arises in that time. Ms. Riehle moved to approve item "E" of the Consent Agenda. Ms. Mackenzie seconded. Motion passed unanimously. 5. Interim Zoning - Public Hearings: a. Interim Zoning #IZ-12-13, Queen City LLC, amendment to PUD to add two new dwelling units, 428-434 Shelburne Road: Ms. Mackenzie moved to open the public hearing. Ms. Riehle seconded. Motion passed unanimously. Mr. Heindel said the property is on Shelburne Road and White Place in the C-1, R-15 district. #434 is the former Queen City Inn. In recent years, Mr. Heindel's company has had its offices in part of #428, with part of the building being used for residential. It is a motel-style building which they have used for storage, but they have found that very inefficient. As there is a great demand for one-bedroom apartments, they would like to rent 2 one-bedroom apartments. The building is on a bus line, and there are a lot of shops and services within walking distance. They are seeking a waiver from Interim Zoning. Mr. Heindel said they are willing to meet any version of form based codes. They are proposing no exterior changes, and there would be less traffic with residential use. There would be no change of access. The apartment would be small with a cottage style feel. Ms. Greco asked if there would be a place for kids to play. Mr. Heindel said there is lots of lawn, and they could designate a play area. They could be tenant garden, though the soil is sandy. Ms. Greco asked the proposed cost of the units. Mr. Heindel estimated between $900-1200 a month. Mr. Heindel said there would be no adverse impact on any conditional use criteria (water and sewer would be from the City of Burlington, and they have an allocation). They don't propose renewable energy, but could consider this in the future. Ms. Dooley suggested eliminating some parking spaces. Mr. Heindel said they could go down to the required number, but would like to see what the DRB asks for. They have a hearing tomorrow night. There are now 25 spaces. Mr. Heindel said his calculation is for 21, but Mr. Belair said they need more. He noted that parking calculations are based on square footage, not use. Ms. Mackenzie said it is a nice plan and would like to see more green space in front. Mr. Engels moved to continue IZ-12-13 until 3 December, with deliberation in between. Ms. Riehle seconded. Motion passed unanimously. b. Interim Zoning #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 Road: Mr. Engels moved to open the public hearing. Ms. Riehle seconded. Motion passed unanimously. Mr. Enegls noted that this application falls within his neighborhood. Neighbors have approached him about it, but he has told them he couldn't discuss it with them. Ms. Dooley and Ms. Greco also revealed that they have read some comments on this application on Front Porch Forum. Mr. Bouchard said they are proposing a 3-story building of 32,000 sq. ft., for general office use. It is now a motel site. 133 parking spaces are proposed. He showed a conceptual picture of the building. Mr. Bouchard noted he met with staff regarding coverages, height, etc., and he felt this fits in with what exists in the area now. Ms. Greco noted there are a lot of single family homes nearby and across the street. Mr. Olesky showed the existing conditions. The lots are zoned for commercial use. He noted it is a very built out property that is really an "eyesore." He also noted they have reached out to the neighborhood. They will eliminate some of the Shelburne Road curb cuts. Mr. Olesky acknowledged they would have a higher PM peak hour traffic rate, but did not have any information on how the intersection would be affected. Ms. Greco said this looks like another commercial business in a residential neighborhood. She said form based codes focuses on multi-use. She felt there could be something great here like a mom and pop store and affordable housing, possibly little cottages around a green. She didn't see that in this plan. Mr. Conner noted this is a Commercial-1, R-15 zone. Mr. Engles felt the form based codes consultant could advise on this. Mr. Miller said that would be outside the scope of the contract and they would have to pay extra. Ms. Dooley asked if the single family residence on the site would be torn down. Mr. Bouchard said it would; it is not occupied and is in very rough shape. Mr. Conner explained that because of a nonconformity and violations, the house is not allowed to be occupied. Public comment then solicited: Mr. Kochman: "It's just too much." Three stories is too high, and it generates too much traffic and needs too much parking. A resident of the area showed a traffic patterns chart and noted it is impossible to cross the street and go south. People will end up going down Hadley Road, and this will affect Orchard, Proctor, and other neighborhood streets. Also concerned with aesthetics. Cited examples where neighbors have been taken into consideration (e.g., Kinney Drug). Chris Flanagan: Showed a video of traffic conditions and said it is impossible to turn left at Shelburne Road. Felt that 75% of traffic would head down Hadley Road. He showed possible "escape routes," most of which would go to Eastwood Drive. He also showed 5 p.m. traffic at twice the normal speed and noted that not one car attempted to make a left from Hadley Road. A second video at Joy/Eastwood showed the bottleneck that occurs there. A resident liked the proposal but wished there were no traffic issue. Felt the existing motel is an eyesore and was concerned with crime from the motel more than with the traffic. Commended Pizzagalli for getting input from the neighbors. G. Rosenberg: Home looks out on the motel, which has been for sale for 4 years. It would be "gift to the neighborhood not to have it there." Excited with Pizzagalli doing something there, but thinks 3 stories is too much. Concerned with what kind of store would be profitable there. Ms. McEachern: Agreed with all other comments. Wants to work with Pizzagalli to see this work. Ms. Williams: Noted there is now not much traffic near her home. She noted the number of smaller commercial buildings (2 story) on the strip. She can walk to the Post Office, restaurant, video store, Shaws, etc. Suggested a one story of shops and a second with offices and residences. Felt the neighbors would like that. Suggested possibly routing traffic through Bacon Street. Wants the "eyesore" gone but doesn't want this plan. It doesn't fit. Wants something the neighborhood can interact with. Mr. Shelato: Concerned about what is there now. Wants something that will work for the developer and the neighborhood. Mr. Hennessey: Noted that a study done 10 years ago said 95% of the neighborhood traffic is not from the neighborhood. Felt it would be good to see the motel gone. Wants to be part of making a development work for everyone. Cited the high crime level and doesn't want to replace "one nightmare with another one." Ms. Heidcamp: Excited that Pizzagalli is interested in the property. It would be a lot better than what is there now. Mr. Engels felt this is a great opportunity to develop what the city wants with a neighborhood. The hope is to eliminate setbacks to as not to get "strip malls." Bring things up to the street. Mr. Olesky asked what an appropriate setback would be. Mr. Engels said they have just started working on this with the consultant. Mr. Kochman said the neighbors would be happy with a smaller office building that works. He cited City Lights as very attractive. Ms. Williams said it makes a difference what is in a setback. She felt porches and cafes are OK. Ms. Mackenzie moved to continue IZ-12-14 to 3 December with deliberation in between. Mr. Engels seconded. Motion passed unanimously. 6. Interim Zoning - Continued Public Hearings: A. Interim Zoning #IZ-12-08, 900 Dorset Street, LLC; construct three unit multi-family dwelling on lot with existing single family dwelling, 900 Dorset Street: It was noted that the applicant has asked for a continuance. Ms. Mackenzie moved to continue IZ-12-08 to 3 December 2012 with possible deliberation in between. Mr. Engels seconded. Motion passed unanimously. 7. Interim Zoning - Consider Reopening Application #IZ-12-07, Rye Associates, 52 unit PUD with 20,000 sq. ft. of commercial space in 4 buildings, 1075 Hinesburg Road: Ms. Murray said that the request is due to incorrect information on the TDR calculation. Ms. Riehle moved to reopen IZ-12-07 due to incorrect TDR calculations. Ms. Dooley seconded. Motion passed unanimously. 8. Discuss Interim Zoning Funding and Expense Projections: Mr. Rusten said there are three types of costs: necessary, probably, and possible. Necessary costs include: a development coordinator (position not only for IZ), studies for affordable housing, sustainable agriculture, and form based codes, legal costs, newspaper notices, etc. These are estimated at $260,000 for FY13. A probable cost for an open space study is estimated at $30,000. Other probable and possible costs include a consultant for the LDRs, new LDR booklets, assistance in staffing committees, and a 5% contingency. This amounts to a total of $313,00. Revenue sources include the following: 9. Discuss Renovations to City Hall HVAC System, Entranceway and Second Floor Office Refurbishment: Mr. Rabidoux said the city is working toward a number of projects to address functional use of the City Hall property. Three major projects plus storm water work are now being proposed: 1. New heating/cooling system (existing one is unreliable and very hard to repair) 2. New entry to building (ADA compliant, defined entryway) 3. Vacant space left by Police (propose to move City Manager's Department to that space; would fit up for use and free up second floor space for other departments) Mr. Rabidoux said a lot of other work needs to be done as well. Public Works would do a new sidewalk. Mold and mildew would be removed from the stucco. Parking lots would be repaved. Regarding storm water, the city's permit is expired. A design is being proposed that would get a new permit, when the state is issuing them. The budget for the City Hall work is $460,000. The storm water work budget is $120,000. There is a $70,000 grant toward the HVAC replacement and a $15,000 grant for the entryway. Ms. Greco asked if anything would be done to make it look like a City Hall in Vermont. Mr. Rabidoux said not with what is being proposed. Mr. Rabidoux also noted that rain gutters would be added to the building. Pipes would be upsized to take water away from the building so there would be no more mold and mildew issues. Mr. Miller said they could change the color of the building and possibly upgrade signage. He noted that the initial design for the building was rejected by the voters in favor of a something cheaper, and "you get what you pay for." Mr. Rusten added that FY14 budget talks could include other things to do with the building. Ms. Greco cited problems with the side parking lot. Mr. Miller said that if the Council is comfortable with the plan, they wan authorize up to $309,000 with Breadloaf Construction for the HVAC, entryway and interior renovations. Mr. Engels moved to authorize the City Manager to negotiate a contract with Breadloaf Construction for up to $309,000 for City Hall renovations as proposed. Ms. Riehle seconded. Motion passed unanimously. Mr. Miller noted the entryway would have to be relocated while the work is being done, and signage will be needed. Mr. Rabidoux said there will be temporary heating, if needed. 10. Consider approval of Resolution of Changes to the Motor Vehicle and Traffic Regulations Ordinance: Mr. Rabidoux said three changes are proposed: 1. A new 3-way stop sign at Irish Farm Road/Baycrest Drive. 2. A stop sign at Kimball/Community Drive (Technology Park is growing, and there is increasing traffic entering the intersection. The belief is that a traffic signal will be needed. Once the study is done, it will be a matter of how to pay for it.) 3. No Parking on the north side of Airport Road (cannot see safely from Logwood; school bus drivers say it is "scary.") Ms. Greco said she would prefer to see "yield" signs. Mr. Rabidoux said not with a standard design intersection. Ms. Riehle moved to approve the Resolution as presented. Ms. Mackenzie seconded. Motion passed 4-1 with Ms. Greco voting against. 11. Appointment of City Councilor to Social Services Allocation Committee: Ms. Dooley moved to appoint Ms. Riehle to the social Services Allocation Committee. Ms. Mackenzie seconded. Motion passed unanimously. 12. Reschedule Review of council Priorities and Procedures from Canceled Meeting of 30 October: Members agreed to meet for this purpose on 20 November, 4:30 p.m. 13. Other Business: A. Minutes of 22 October: Ms. Greco said she recalled more discussion on the hiring of consultants. This will be researched. b. Petition to "Save the Guard": Mr. Miller noted the petition is asking the Council to reverse its position. Ms. Greco read the petition. Ms. Mackenzie felt the number of signatures was significant and came from across the state. She felt it deserves a response. Ms. Greco said the first petition had a number of signatures from other states and also duplications. She said the Council decision was based on the EIS, not public outcry. The Council found negative impacts to the area, which she felt there still are. Ms. Mackenzie said the petition includes a lot of research. Ms. Greco acknowledged that the noise at the school will decrease but it is still 12 decibels over the recommended level. She also noted that in one category pollution would be decreased, but it would not be decreased in 7 other categories. She said that even though there are some decreases, that doesn't mean it is acceptable. She also noted that all the "additional personnel" would be military. Ms. Riehle felt that what is possible is the dialogue between South Burlington and the Airport, South Burlington and Burlington, and with the Air Guard on current impacts. She hoped this will lead to mitigation. She didn't feel this was on too many screens before the F-35 issue. She stressed that she supports the Guard and the actions to address issues around the Airport. She understood the importance to the economy, but felt if South Burlington doesn't make a statement about the impact to the community, no one else will. Ms. Mackenzie noted that relations with the Airport were "broken" before the F-35 issue. That is not the same as the F-35 issue. She felt South Burlington should have done what Winooski and Williston did and asked for more information. She felt South Burlington went beyond what it should. Ms. Greco said that according to General Dubie, the people in maintenance will lose their jobs if the F-35s come, because those planes will not be maintained here. Ms. Dooley didn't think the Winooski and Williston action was a better path and was troubled by the appeal to fear. She was troubled by the GBIC analysis on the potential loss of home values. Ms. Greco cited how few homes (5 in Winooski and 4 in South Burlington that were not purchased by the airport) sold in the 10-year period GBIC studied. Mr. Engels said he is proud of what South Burlington did. Ms. Greco agreed to draft a response to include the city's continuing support of the Guard. Ms. Greco noted receipt of information from the Airport about the number of homes bought/destroyed. She said the figures don't add up from the various pieces of information she has seen. Mr. Engels said there should be an accurate number in the appraisals. As there was no further business to come before the Council, Ms. Riehle moved to adjourn. Ms. Dooley seconded. Motion passed unanimously. The meeting adjourned at 9:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 5 NOVEMBER 2012 PAGE 8 affordable housing, sustainable agriculture, and fonn based codes, legal costs, newspaper notices, etc. These are estimated at $260,000 for FYI3. probable cost for an open space study is estimated at $30,000. Other probable and possible costs include a consultant for the LDRs, new LDR booklets, assistance in staffing comn1ittees, and a 5% contingency. This amounts to a total of $313,00. Revenue sources include the following: Interiln Zoning reserve $75,000 Grant just received 50,000 Fron1 contingency fund 140,000 Two Planning studies not being done 25,000 Interiln zoning application fees A planning grant just applied for 15,000 This amounts to a total of about $307,000. 9. Discuss Renovations to City Hall HV AC System, Entranceway and Second Floor Office Refurbishment: Mr. Rabidoux said the city is working toward a nLunber of proj ects to address functional use of the City Hall property. Three n1ajor projects plus stonn water work are now being proposed: 1. New heating/cooling system (existing one is unreliable and very hard to repair) 2. New entry to building (ADA con1pliant, defined entryway) 3. Vacant space left by Police (propose to Dlove City Manager's Department to that space; would fit up for use and free up second floor space for other departments) Mr. Rabidoux said a lot of other work needs to be done as well. Public Works would do a new sidewalk Mold and lnildew would be ren10ved fr0111 stucco. Parking lots would be repaved. Regarding storm water, the city's permit is expired. A design is being proposed that would a new permit, when the state is issuing then1. The budget for the City Hall work is $460,000. The stonn water work budget is $120,000. There is a $70,000 grant toward the HVAC replacelnent and a $15,000 grant for the entryway. Ms. Greco asked if anything would be done to make it look like a City I-Iall in Vern10nt.