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HomeMy WebLinkAboutMinutes - City Council - 03/18/2013CITY COUNCIL 18 MARCH 2013 The South Burlington City Council held a regular meeting on Monday, 18 March 2013, at 5:00 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: B. Rusten, Interim City Manager; A. Lafferty, City Attorney; P. Conner, Director of Planning and Zoning; K. Murray, Planner; Chief D. Brent, Deputy Chief T. Francis, Fire Department; J. Louisos, S. Quest, Planning Commission; J. Rabidoux, Public Works Department Head; K. Upmall, B. Kipp, Vermont Agency of Transportation; S. Dopp, B. Bull, G. Maille, Mr. Higley, S. Dooley, M. Mittag, Ms. Dunn, G. Calcagni, L. Michael, J. Perkins, L. Ventriss 1. Executive Session: Ms. Riehle moved that the Council meet in executive session to discuss personnel, contract negotiations, and litigation executive session to include the Interim City Manager and Director of Planning and Zoning. Ms. Nowak seconded. Motion passed 4-0. Following the executive session, Me. Greco moved to exit executive session. Ms. Riehle seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: Mr. Rusten noted that items #14, 15, and 21 were deleted. 2. Comments and Questions from the Audience, not related to the Agenda: Mr. Higley expressed concern with remarks made by members of the public at the last meeting. 3. Announcements and City Manager’s Report: Mr. Rusten: Updated members on issues regarding the Community Gardeners and the former National Gardening properties. Ms. Greco: Reviewed meetings she had attended. She noted that the School District is looking for city endorsement for a PEP grant they are applying for. Ms. Mackenzie: Advised that the Council is working quickly to get an Interim City Manager on board. 4. Consent Agenda: A. Sign Disbursement B. approve Minutes of 19 and 26 February C. Weatherization Proclamation D. Consider approval of the following Annual Event Permits: Sheraton Burlington Hotel, Live Entertainment Ms. Greco moved to approve the Consent Agenda as presented. Ms. Riehle seconded. Motion passed unanimously. 5. Public Hearing of Land Development Regulations, second reading of the same: Ms. Greco moved to open the public hearing. Ms. Riehle seconded. Motion passed unanimously. Members briefly discussed residency requirements for DRB and Planning Commission members. There was no public comment. Ms. Greco moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. 6. Discuss Council Action on the Land Development Regulations: Ms. Greco moved to amend the draft LDR amendments to remove language regarding residency requirements for Planning Commission and DRB members. Ms. Nowak seconded. Motion passed unanimously. Ms. Nowak moved to set the second public hearing for 15 April 2013, 7 p.m. Mr. Shaw seconded. Motion passed unanimously. 7. Public Hearing of Fire Ordinance, second reading of same: Ms. Greco moved to open the public hearing. Ms. Riehle seconded. Motion passed unanimously. Deputy Chief Francis noted receipt of questions regarding the Ordinance from John Jaeger and addressed the issues he had raised. The Fire Department will reach out to condo owners to make them aware of new regulations. There was no public comment. Ms. Greco moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. 8. Council Action on Fire Ordinance: Ms. Greco moved to approve the Fire Ordinance as presented and to direct the Interim City Manager to sign the agreement with the State. Ms. Riehle seconded. Motion passed unanimously. 9. Discuss Status of IZ-12-06, John Larkin, 40 unit PUD (phase I of 71 unit project), 201 Allen Road, and consider whether to rescind decision to reopen hearing on Application IZ-12-06: Ms. Lafferty reviewed the Council’s options. Ms. Nowak then moved to rescind the prior decision of the City Council to reopen application IZ-12-06. Mr. Shaw seconded. The motion passed 3-2 with Ms. Greco and Ms. Riehle voting against. 10. If Council votes to rescind decision to reopen hearing on Application #IZ-12-06, deliberative session on Interim Zoning Application #IZ-12- 06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road: Mr. Shaw moved to enter deliberative session regarding IZ-12-06. Ms. Nowak seconded. Motion passed unanimously. Ms. Murray gave members the findings of fact. Ms. Nowak moved to approve the findings of fact regarding IZ-12-06 as drafted. Mr. Shaw seconded. Motion passed 4-1 with Ms. Greco voting against. 11. Interview Candidates for Planning Commission and DRB: The Council interviewed Gretchen Calcagno for appointment to either the Planning Commission or DRB. 12. Discuss Signage at Police Department: Mr. Conner reviewed signage options. Mr. Rusten noted there is no money in the FY13 budget for this, but there is money in the FY14 budget. Ms. Riehle moved to move forward with the design for Police Station signage with funding to come in FY14. Ms. Nowak seconded. Motion passed unanimously. 13. Public Hearing on Interim Zoning Application: A. #IZ-13-01, Perkins Smith Design Build for Conditional use review to construct a 768 sq. ft. two-story addition to single family dwelling, 15 Mayfair Street: Mr. Perkins reviewed the application for remodeling the home. Ms. Greco then moved to close the hearing and go into a deliberative session. Members agreed to have Ms. Murray draft a decision. 16. Discuss and Consider Possible Approval of a Full Road Closure for a State Culvert Replacement on Route 116: Mr. Rabidoux and members of the Vermont Agency of Transportation presented information road closing options for a project scheduled for 2016. Ms. Greco moved to support limited road closure in between one-lane traffic in conjunction with state culvert replacement. Ms. Riehle seconded. Motion passed unanimously. 17. Discuss how Council wishes to proceed with the issues of Noise Abatement at the Burlington International Airport and the creation of a regional Airport: Mr. Maille reviewed the history of noise abatement issues and requested an independent analysis of data gathered by the Airport. 18. Discuss what the Council would like to be the role of the Form Based Code Consultant in assessing future Interim Zoning applications and appoint the Chair of the Form Based Code Committee: Ms. Greco reviewed the history of this item. 19. Discuss whether to have each Interim Zoning Committee give a progress report to Council, what date for these reports, and what specifics Council would like included in the reports: Members agreed to meet jointly with the Planning Commission on 26 March to address committee reports and to invite committee chairs to report at that time. Mr. Shaw then moved to appoint Mike Simoneau as Chair of the Form Based Codes Committee. Ms. Nowak seconded. Motion passed 3-2 with Ms. Greco and Ms. Riehle voting against. 20. Discuss ideas concerning a Blue Ribbon Hiring Committee for the City Manager position creating a charge for such a committee and appointing Lisa Ventriss as its Chair: Members discussed option and agreed to delay action. 22. Discuss and Consider possible approval of the Modified Council Meeting Procedures: Ms. Mackenzie moved to approve the modified Council Meeting Procedures as presented. Ms. Greco seconded. Motion passed unanimously. 23. Liquor Control Board: Ms. Riehle moved that the Council meet as Liquor Control Board. Ms. Nowak seconded. Motion passed unanimously. The following liquor licenses were presented for approval: Mr. Rusten noted that the approval for Skinny Pancake is for 19 March-30 April 2013. They will present another application for the coming year. Ms. Nowak moved to approve the liquor licenses as presented, noting that the Skinny Pancake approval is for 19 March-30 April 2013. Ms. Greco seconded. Motion passed unanimously. Ms. Greco moved to return to regular session. Ms. Riehle seconded. Motion passed unanimously. 24. Other Business: A. PEP Grant: This item was added to the bike rack. B. Bike Rack - items Council may wish to place on a future agenda A. Traffic Lights & sequencing B. City Street Lights (adequacy/number) at various locations C. Dorset Park Solar Array D. Advertising logos or names on City Property E. Taser Policy F. East Terrace Ordinance G. School District Food Grant C. Other No other action was taken. 25. Consider going into executive session for discussion of personnel matters, negotiations, real estate and litigation: Ms. Greco moved to go into executive session to discuss personnel with the intention of making an appointment following the executive session. Ms. Nowak seconded. Motion passed unanimously. Following the executive session, Ms. Greco moved to exit executive session. Ms. Riehle seconded. Motion passed unanimously. Ms. Greco moved to appoint Gretchen Calcagni to the Planning Commission for the remainder of a 4-year term ending June 2015. Ms. Riehle seconded. Motion passed unanimously. Ms. Riehle then moved to adjourn. Mr. Shaw seconded. Motion passed unanimously, and the meeting was adjourned at 10:16 p.m. ___________________________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 18 MARCH 2013 PAGES 18. Discuss what the Council would like to be the role ofthe Form Based Code Consultant in assessing future Interim Zoning applications and appoint the Chair of the Form Based Code Committee: Ms. Greco reviewed the history ofthis item. 19. Discuss whether to have each Interim Zoning Committee give a progress report to Council, what date for these reports, and what specifics Council would like included in the reports: Members agreed to meet jointly with the Planning Commission on 26 March to address committee reports and to invite committee chairs to report at that time. Mr. Shaw then moved to appoint Mike Simoneau as Chair ofthe Form Based Codes Committee. Ms. Nowak seconded. Motion passed 3-2 with Ms. Greco and Ms. Riehle voting against. 20. Discuss ideas concerning a Blue Ribbon Hiring Committee for the City Manager position creating a charge for such a committee and appointing Lisa Ventriss as its Chair: . Members discussed option and agreed to delay action. 22. Discuss and Consider possible approval of the Modified Council Meeting Procedures: . Ms. Mackenzie moved to approve the modified Council Meeting Procedures as presented. Ms. Greco seconded. Motion passed unanimously~ 23. Liquor Control Board: Ms. Riehle moved that the Council meet as Liquor Control Board. Ms. Nowak seconded. Motion passed unanimously. The following liquor licenses were presented for approval: Rite Aid #10318 Hudson News Queen City Coins, Inc. Skinny Pancake @ Airport . Walgreen's Zen Garden Bourne's Service Center Champlain Fannsl1118 Williston Rd. Champlain Fanns/801 Williston Rd. Champlain Fan:ns11800 Williston Rd. Chicken Charlie's Chipotle Mexican Grill Eagles Order #793 Gracey's Liquor Store Green Mountain Suites Hotel Kmart #7039 Maplefield's. Marco's Pizza Olive Garden Osaka Hana, Inc. Outback Steakhouse Short Stop #105 Silver Palace Sugarsnap, LLC Van Phan Sports, Inc. Windjammer Restaurant Vermont Sportsgrill Sheraton Vermont Corp. Lakeview Bar & Gril1!Lakeview House Vermont National Country Club Pour House Holiday fun Mr. Rusten noted that the approval for Skinny Pancake is for 19 March-30 April 2013. They will present another application for the coming year. Ms. Nowak moved to approve the liquor licenses as presented, noting that the Skinny Pancake approval is for 19 March-30 April 2013. Ms. Greco seconded. Motionpassed unanimously. Ms. Greco moved to return to regular session. Ms. Riehle seconded. Motion passed unanimously. 24. Other Business: A. PEP Grant: This item was added to the bike rack. B. Bike Rack -items Council may wish to pl~ce on a future agenda A. Traffic Lights & sequencing B. City Street Lights (adequacy/number) at various locations C. Dorset Park Solar Array D. Advertising logos or names on City Property E. Taser Policy F. East Terrace Ordinance G. School District Food Grant C. Other