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HomeMy WebLinkAboutMinutes - City Council - 02/21/2023 CITY COUNCIL 21 FEBRUARY 2023 The South Burlington City Council held a regular meeting on Monday, 21 February 2023, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, M. Cota ALSO PRESENT: J. Baker, City Manager; P. Conner, Director of Planning & Zoning; C. McNeil, City Attorney; M. Machar, Finance Officer; Chief S. Locke and Deputy Chief T. Francis, Fire Department; I. Blanchard, Director of Community Development; J. Kilacky, A. Pugh, M. Townsend, B. Sirvis, G. Silverstein, D. Bugbee, S. Dopp, R. Greco 1. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 2. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the agenda: There were no comments or questions from the public. 4. Announcements and City Manager's Report: Council members reported on meetings and events they had attended. Mr. Cota, who was attending his final meeting as City Councilor, thanked Council members, the community and his family for their support during his term in office. Council members and Ms. Baker thanked Mr. Cota for his contributions and wished him well in his future endeavors. Ms. Baker: Thanked SBBA for a great morning event. Town Meeting Day information is now available on the city's website. There will be one more public forum on 28 February and then the pre-Town Meeting event on 6 March. Comprehensive Plan discussion will begin again in March. There is a 5-minute survey on the website. 177 responses have been received so far. CITY COUNCIL 21 FEBRUARY 2023 PAGE 2 The event to honor Firefighters is being postponed due to the storm event that is forecast. Attended a meeting along with Chief Burke regarding the possibility of a new women's facility in the city. There is a need for facilities focusing on "re-entry" to the community. If the current prison leaves the city, that area will be available for development. The city is willing to host a new facility. The re-organizational meeting of the City Council will be held on Thursday, 9 March at 6:30 p.m. 5. Consent Agenda: a. Approve and Sign Disbursements b. January Financials c. Approval of Road Impact Fee credit requests for construction at 224 Market Street, 268 Market Street and 339 Garden Street Ms. Emery moved to approve the Consent Agenda as presented. Mr. Cota seconded. Motion passed 4-0. 6. (agenda item #13) Opportunity for Councilors and the public to share information and resources on Climate Change: Mr. Barritt noted that during the recent cold snap, the #1 fuel to generate electricity was oil, followed by gas. As the temperatures rose, the #1 fuel was natural gas. At this point in time, hardly any oil is being used; it is all gas and nuclear. There are clearly challenges to becoming more renewable. Mr. Cota noted that he attended a meeting at On Logic. They are trying to see how to use less oil. Ms. Emery said if money is put where the city wants it to go, the industry will follow. Mr. Barritt noted that natural gas prices are coming down. 7. Resolution Honoring the Service of Rep. John Kilacky, Rep. Ann Pugh, and Rep. Maida Townsend: Ms. Riehld read the Resolution which enumerated the specific contributions of each of the Representatives. Ms. Sirvis and Ms. Dopp echoed the Resolution on behalf of the community. CITY COUNCIL 21 FEBRUARY 2023 PAGE 3 8. Consider entering executive session to discuss the evaluation and employment contract of the City Manager: Mr. Barritt moved that the Council enter executive session to discuss the evaluation and employment contract of the City Manager. Mr. Cota seconded. Motion passed 4-0. The Council entered executive session at 7:04 and resumed open session at 7:30 p.m. 9. Consider action to approve the City Council's contract with the City Manager: Ms. Riehle reviewed the evaluation process which included a self-evaluation, City Council evaluation, and evaluations by the Leadership Team and key stakeholders. She said all evaluations were outstanding with excellent comments. The City Manager will receive a substantial raise in increments during the 3-year contract. She will also receive a 5th week of vacation in the third year of the contract. She is also authorized to apply for designation as ICMA Credential Manager for which the city will pay the $125.00 fee. Mr. Cota moved to approve the City Council's contract with the City Manager as presented. Mr. Barritt seconded. Ms. Emery said she will vote against the motion because she believes that the 12% increase in the first year of the contract is too high. She stressed that the City Manager is doing an excellent job, and the vote is only because of the money involved. In the vote that followed, the motion passed 3-1 with Ms. Emery voting against. 10. Discuss "dr req 23-0091—draft 7.2," the Senate's Omnibus Housing Bill, and H-68, "An act relating to removing State and municipal regulatory barriers for fair zoning and housing affordability" and potentially take action: Ms. Riehle noted the 2 bills are focused on an attempt to meet the demand for housing in the state. She also noted that she and Mr. Conner spoke to the Senate committee whose members were interested in what they had to say. Mr. Conner said there has been a new version of the bill since the one received last week. One change addresses the fact that the terms "area served by water and sewer" had not been defined. The change now acknowledges that there are circumstances where "land served by CITY COUNCIL 21 FEBRUARY 2023 PAGE 4 water and sewer" would not apply such as the land between a village and mobile home park and flood hazard areas. In the new version of the bill, the minimal allowable zoning has been reduced from 5 units per acre to 4 in areas served by water and sewer. There is also a 40% density bonus and an allowable extra story for an affordable housing development. With regard to energy standards, municipalities can regulate energy where units are a minimum of 1800 sq. ft. Mr. Conner noted that there is a new tool for communities with a "designated downtown" to avoid Act 250. South Burlington does not have such a designation. Mr. Conner then addressed how the new regulations could impact South Burlington. He said some of those impacts could be major: 1. There is still a question regarding "area served by water and sewer. The city would like to have the ability to say "no" to expansion of water and sewer and to match up zoning within a sewered area. 2. The bill would allow for pre-existing homes to connect to water and sewer. 3. The city was invited to comment on TDRs. Mr. Conner said they would like clarification that the city's TDR program meets the intent of the rule. 4. Assuming the city can say NRP AND Habitat Blocks can be excluded from a water and sewer area, there are areas that could be of consequence: the west side of Spear Street, which is served by water and sewer and which is zoned at one unit per acre, would have to be 4 units per acre. The area north of Swift Street behind the habitat block is "sort of" served by water and sewer (the side of Spear Street opposite from the church). Most of that land is habitat block, but there is a portion outside the habitat block. 5. Other problematic areas include: an area in the SEQ which is zoned at 1.8 units per acre would need to go back to being 4 per acre. There are also a handful of parcels in the NRP which allow for some development and are near water and sewer (about 7 parcels). There could be some areas carved out to be 4 units per acre. There are also a handful of cases where a parcel can't be a Conservation PUD and would have to allow 4 units per acre on the 30% piece that is allowed to be built on. CITY COUNCIL 21 FEBRUARY 2023 PAGE 5 Mr. Conner noted that area in the city that does not allow for development would not be impacted. Regarding energy, Mr. Conner said the bill is not responsive to South Burlington concerns. It is not clear whether authority remains with the municipality. Mr. Cota asked if there is an issue with building height. Mr. Conner said it is a little in conflict with South Burlington which increased its heights on Shelburne Road to 5 stories. There could be a challenge in TND areas where the focus is on scale. There are areas where an additional story could be an issue, particularly as it would identify "affordable" buildings. Mr. Barritt asked whether 5 stories can be done by wood now. Mr. Conner said his understanding is it can. 6 stories would be an issue. Deputy Chief Francis said there is a 5 story building in the city now. There are also a couple of"podium style" buildings going in with 2 stories of steel and 4 of wood above the steel. 1068 Williston Rd. is an example of this. Mr. Barritt said that adding a 5th story might not be practical. He took issue with allowing a 5-story building in an area adjacent to a single-family neighborhood. Mr. Barritt asked whether the Legislature has ever dipped into local zoning. He questioned why the city should have a Planning Commission if the State is going to dictate what to do. He was opposed to the State telling the city what the Planning Commission and DRB have been doing for years. He questioned whether any of this is unconstitutional. Ms. Baker said there is a "myth" of local control in Vermont which is a strong Dillon Rule state. Ms. Emery asked what the city has to do to protect its natural resource areas. Mr. Conner said a municipality can draw boundaries of water and sewer areas and clarify that TDRs and other programs redistribute density to meet the standard. There are also new tools that the State could add, specifically a second "downtown" area and allocating some of what is done in Act 250 to local municipalities. Mr. Conner asked whether the Council wants to "push back" against areas that are affected by the bill(s). He noted that there are areas in the city that the Planning Commission is already looking at for potential infill development. CITY COUNCIL 21 FEBRUARY 2023 PAGE 6 Mr. Cota noted that in some small communities there are very specific rules regarding water and sewer. "You need permission to put in a toilet." Mr. Conner said the bill does not require housing where there is no capacity, but the question is how to define that. Mr. Emery asked what the city can do if the language doesn't allow protection of the city's natural areas. Mr. Conner said if there is an area that prohibits residential development, that is OK. The city may have to identify exactly where you can build a house, the part of an area where development is allowed. Ms. Emery said they may have to prohibit any development in the NRP, if that becomes an issue. She added that allowing some residential in agricultural areas also concerns her. Mr. Barritt said it seems they would not be allowing public participation in the subdivision review. Mr. Conner said that was part of the section which would allow for administrative review and relates only to very small properties. Mr. Barritt noted areas where 9 homes have been developed in order to avoid Act 250 review. He asked whether those areas could not have 25 homes. Mr. Conner said the standards is 9 homes within 5 miles within 5 years. It is not an issue because someone has done something within those parameters. Mr. Cota noted the proposed bill will change many times. He was comfortable having Mr. Conner continue to represent the city's interests. Ms. Emery said she felt 50-foot buffers are not adequate. Mr. Conner said South Burlington doesn't allow development within 100 feet, so that is a "no development area" which would not affected. Mr. Chalnick questioned whether the city really is protected if it doesn't allow development in an area. There is also the question of what constitutes a "district." He felt the entire SEQ could be carved out as a district which would allow 4 units per acre throughout, even overriding the Conservation PUD. Mr. Mittag the city should have a defined sewer area which, he felt, would solve the problem. Otherwise, it sounded to him like the whole city could be 4 units per acre. Ms. Greco said it sounds like the Legislature is doing zoning, and that is inappropriate and is a usurpation of the city's ability to take care it itself. It is a "developer's dream." Ms. Dopp CITY COUNCIL 21 FEBRUARY 2023 PAGE 7 agreed and said she was repelled by the idea that "one size fits all." She felt historic villages should not have the same treatment as the City of South Burlington. Mr. Conner said he felt he understands the city's intent and will speak with legal people this week. If something changes substantially, there can be more discussion. 11. Approve the purchase of 1270 Williston Road: Ms. Baker said this a very exciting for the TIF District. Mr. McNeil said the city has the option to purchase the "triangle piece" at Williston Road/Midas Drive/White Street. This would improve the road alignment. Ms. Baker said the city has been working with the property owner for many years. The owner has agreed to a sale rather than go through an eminent domain process. Mr. McNeil said the city would remove the building and create an intersection. Ms. Blanchard said the parcel will add traffic capacity to the area. The funding for the purchase is in the TIF vote. Even if the vote were to fail, the city is still committed to the purchase. Mr. Barritt moved to approve the purchase of 1270 Williston Road and authorize the City Manager to sign all documentation to complete the sale. Ms. Emery seconded. Motion passed 4-0. 12. Receive a recommendation to apply for a SAFER (Staffing for Adequate Fire and Emergency Responses) grant and possibly approve: Chief Locke explained the SAFER program and noted this could be last time it is offered. The program allows for the hiring/retention of Firefighters. The city previously got 6 Firefighters under the program, and community picked up the cost over time. The program now covers 100% of the cost of new Firefighters for 3 years with no requirement to retain them after that time. It also allows for the rehiring of laid off Firefighters. Chief Locke said the request is to apply for 3 Firefighters, one for each shift. This would get the department to 15 available Firefighters per shift, which is the standard. That number includes the Air Guard Firefighter unit which now responds to all fires in the city. This would also allow for a Shift Supervisor who would not be stuck on a medical call when he could be doing something more valuable. CITY COUNCIL 21 FEBRUARY 2023 PAGE 8 The city would be notified by September 2023 if the grant is awarded and would have 180 days to hire the 3 Firefighters. This would allow them to be trained by January 2024. The grant application is due by 15 March. Ms. Riehle said she thought it was a great idea. The city could then see where things stand in 2027 with the budget. Mr. Cota agreed. Mr. Cota then moved to approve the application for a SAFER grant as presented. Ms. Emery seconded. Motion passed 4-0. 13. Receive the second update to the shared FY23 Policy Policies and Strategies: Ms. Baker noted that UMall has now closed on the purchase of the Sears property and has more site control. 14. Other Business: Mr. Barritt noted that one of his wife's sculptures is displayed high up in the dog park and glows at night.. She is also working on a VTrans public art project. Ms. Riehle noted that Betty Milizia wrote a very strong article regarding the need for people to pick up after their dogs. Ms. Emery suggested that the orientation for Airport neighbors regarding insulation should be moved up. As there was no further business to come before the Council Mr. Cota moved to adjourn. Mr. Barritt seconded. Motion passed 4-0. The meeting was adjourned at 9:33 p.m. Clerk