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HomeMy WebLinkAboutMinutes - City Council - 04/15/2013CITY COUNCIL 15 APRIL 2013 The South Burlington City Council held a regular meeting on Monday, 15 April 2013, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: P. Mackenzie, Chair; R. Greco, H. Riehle, P. Nowak, C. Shaw Also Present: K. Dorn, Interim City Manager; R. Rusten, Deputy City Manager; D. Kinville, City Clerk; Chief T. Whipple, Police Department; J. Rabidoux, Head of Public Works Department; M. Lyons, Assessor's Office; P. Conner, Director of Planning & Zoning; J. Louisos, T. Harrington, S. Quest, Planning Commission; I Blanchard, K. Murray, Planners; T. Barritt, DRB; S. Dooley, S. Dopp, B. Cimonetti, M. Simoneau, L. Michael, D. White, P. Simon, P. Malone, B. Goldberg, L. Flower, C. Abelfeld, M. Mittag, B. Bull, T. Miller, P. Hart, J. Timecki, D. Goldsmith, J. Hand, J. Larkin, D. Cummings, L. Williams, G. Sproul, T. Moore, J. Kochman, R. Neuer, E. Robenstein 1. Executive Session: Mr. Shaw PAT moved the Board meet in executive session to discuss personnel, contract negotiations, and litigation. Ms Greco Helen seconded. Motion passed unanimously. Regular Session: A moment of silence was observed for the victims of the Boston Marathon tragedy. 1. Acknowledgement of former Councilor Sandra Dooley: Ms. Dooley was acknowledged with a plaque and plaudits from Council members. 2. Agenda Review: No changes were made to the Agenda. 3. Comments and Questions from the Audience not related to Agenda items: Ms. Robenstein expressed concern with the placing of solar panels in Dorset Park. 4. Announcements and City Manager's Report: A. Introduction of New Interim City Manager: Interim City Manager Kevin Dorn was introduced. B. Bore Samples for Market Street: Mr. Dorn explained the process for test borings in support of the storm water application for Market Street. Council members reviewed meetings and the Rotary Club event (honoring the Police Department) they had attended. Chief Whipple spoke regarding Community in Addiction Teams. Ms. Mackenzie advised that the City received notice of a public hearing regarding the Claire Solar Project, 24 April, 7 p.m., in the High School Cafeteria. 5. Consent Agenda: A. Sign Disbursement B. Approve Minutes of 1 April and 9 April 2013 C. Approve Grant Request Form Bullet Proof Vests D. Approve Grant Request Form Library Technology E. Approve Special Event Permit: 1. Lund Ride for Children, 11 May 2013 2. Magic Hat Outdoor Concert, 18 May 2013 3. Vermont Friends of Safe Passage, 12 May 2013 4. Palace 9 Theatre, 28 April 2013 Ms. Nowak moved to approve the Consent Agenda as presented. Ms. Riehle seconded. Motion passed unanimously. 6. Public Hearing: Interim Zoning Application, #IZ-12-02, Malone Dorset Street Properties, LLC, (Trader Joe's) to amend a previously approved planned unit development consisting of a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft of short order restaurant use. The amendment consists of: 1) razing three single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing a 2-story, 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7,000 sq. ft. of general office use, 192, 196, 200 and 222 Dorset Street: Mr. Shaw moved to open the public hearing. Ms. Nowak seconded. Motion passed unanimously. Mr. White and Mr. Simon presented the plan to amend the Healthy Living development by adding a Trader Joe's and a second building (with no identified tenant). Members of the audience spoke in support of the project. The Council felt it needed advice with regard to a decision as to whether to require this developer to build the road connection to the adjacent property. Following discussion, Ms. Nowak moved to close the public hearing. Mr. Shaw seconded. The motion passed 3-2 with Ms. Greco and Ms. Riehle voting against. 7. Public Hearing of Land Development Regulations. Hearing on Council-amended amendments to LDRs: Ms. Greco moved to open the pubic hearing. Ms. Riehle seconded. Motion passed unanimously. Members reviewed amendments to the LDRs regarding cannabis dispensing, road frontage, and PUD requirements. Following discussion, Ms. Riehle moved to close the pubic hearing. Mr. Shaw seconded. Motion passed unanimously. Ms. Riehle then moved to adopt the land development regulations as presented. Ms. Greco seconded. Motion passed 3-2 with Ms. Nowak and Ms. Mackenzie voting against. 9. Possibly Award Contract to Ti-SALES to install Water Meters: Mr. Rabidoux reviewed the history. He noted that staff recommends awarding the contract in the amount of $353,613.69 to Ti-SALES. Ms. Riehle moved to award the contract to Ti-SALES as presented. Ms. Nowak seconded. Motion passed unanimously. 10. Hear from Developer of Claire Solar Farm, City committee representatives and citizens regarding Council's intervenor status position regarding the Solar Farm. Council to determine what position it will take, or what additional information it needs: Ms. Mackenzie reviewed the history. Mr. Hand then presented an overview of the project and the timeline and application process. The Council then heard from members of the Planning Commission, Open Space/Natural Resources Committee, Energy Committee, Recreation and Leisure Arts Committee, South Burlington Land Trust, Development Review Board, and individual citizens. Following discussion, the Council directed the Interim City Manager and Director of Planning & Zoning to draft a letter expressing its concerns, including: A. the need for more local input B. LDR issues C. the city's previous contributions to solar power when there was a process to allow the city to say "where" D. the city has contributed enough to solar energy E. if the Public Service Board moves forward, that they honor the conditions negotiated between the developer and the Planning Commission. 11. Discuss the role the Council wants the Form Based Codes Committee and its consultants to play regarding other city projects such as Market Street. Discuss how Council wants the Form Based Codes Committee to interact and communicate with other city committees and city staff. Council to determine responsibility and authority of staff, Form Based Codes Committee and its consultants, and other city committees on projects not initiated or primarily directed by the Form Based Codes Committee. Council to also Identify Budgetary Implications of its Discussions: Mr. Rusten outlined the issues of activity going on without an organizational structure and cited the need for the Council to decide what they want everyone to be doing. Ms. Mackenzie asked the Form Based Codes Committee and the Market Street project people to work together on issues while the Council works on a protocol. She also asked Mr. Rusten to identify points with specific examples of where Council leadership is needed. 12. Discuss Letter from House Government Operations Committee that states they will not pass out of committee the City's 2 Charter change bills. Discuss how Council wants to address the impact of these 2 Charter changes not being made this year: Mr. Rusten reviewed short term and long term issues and how these are being addressed. 12. Liquor Control Board: Ms. Greco moved the Council meet as Liquor Control Board. Ms. Nowak seconded. Motion passed unanimously. Liquor License renewals were presented from the following establishments: Ms. Greco indicated she would recuse herself with regard to Klinger's Bread due to a potential conflict of interest. Ms. Nowak then moved to approve all the Liquor License renewals with the exception of Klinger's Bread. Mr. Shaw seconded. Motion passed unanimously. Ms. Nowak then moved to approve the Liquor License renewal for Klinger's Bread. Mr. Shaw seconded. Motion passed 4-0. Ms. Nowak moved to return to City Council. Mr. Shaw seconded. Motion passed unanimously 14. Other Business: A. Items held from the Consent Agenda No items were withheld. b. Bike Rack - items Council may wish to place on a future agenda 1. Traffic Lights & sequencing 2. City Street Lights (adequacy/number) at various locations 3. Dorset Park Solar Array 4. Advertising logos or names on City property 5. Taser Policy 6. East Terrace Ordinance 7. Policy regarding landscaping City-owned land and Request from Hadley Road 8. Council-approved Minutes Resolution No action was taken on Bike Rack items. C. Other: No other issues were raised. As there was no further business to come before the Council, the meeting was adjourned at 12:20 a.m. (16 April 2013). image Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 15 APRIL 2013 PAGES Motion passed unanimously. Liquor License renewals were presented from the following establishments: Hannaford Food & Drug Simon's Store & Deli Independent Brewer (Magic Hat) , Gracey's Store Shelburne Road Variety Wooden Spoon Bistro Hannaford Food & Drug Pauline's Cafe Jiffy Mart Klinger's Bread Doubletree Hotel Pulcinella's Kinney Drugs Interstate Shell Healthy Living Moose Lodge #1618 Jolley Store #107 Champlain Fanns Applebees Guild & Company Steakhouse Higher Ground Moe's Maple field's @ the Airport Pizza Putt Gonzo's Indoor Golf Ms. Greco indicated she would recuse herself with regard to Klinger's Bread due to a potential conflict ofinterest. Ms. Nowak then moved to approve all the Liquor License renewals with the exception of Klinger's Bread. Mr. Shaw seconded. Motion passed unanimously. Ms. N owale then moved to approve the Liquor License renewal for Klingees Bread. Mr. Shaw seconded. Motion passed 4-0. Ms. Nowak moved to return to City Council. Mr. Shaw seconded. Motion passed unanimously 14. Other Business: A. Items held from the Consent Agenda No items were withheld. b. Bike Rack .. items Council may wish to place on a future agenda 1. Traffic Lights & sequencing 2. City Street Lights (adequacy/number) at various locations 3. Dorset Park Solar Array 4. Advertising logos or names on City property 5. Taser Policy