HomeMy WebLinkAboutMinutes - City Council - 03/20/2023 CITY COUNCIL 20 MARCH 2023
The South Burlington City Council held a regular meeting on Monday,20 March 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,T. Barnes,A. Chalnick
ALSO PRESENT:J. Baker, City Manager; C. McNeil, City Attorney; D. Kinville, City Clerk; P. Conner,
Director of Planning&Zoning; D. DiPietro Public Works Director; E. Quallen, Deputy Public
Works Director; Chief S. Locke, Fire Department; B. Sirvis,A. Demetrowitz, Dr.T. Childs, D.
Peters, C. Sistrasnd, L. Bailey, R. Greco, D. Bugbee,J. Morrill, N. Senecal, L.Smith, K. Bailey, M.
Ostby, B. Companion,T. Lenski, MTM, S. Dooley, Laura, M. Mittag, R. Doyle, M. Stussy, L.
McDonald, D. Parsons,J. Moscatelli, M. Scanlon, M. Korpos, F. McDonald, Ms. Easton
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:
Ms. Emery moved to have a discussion with the City Attorney between items 7 and 8 regarding
city liability. Mr. Barritt seconded. Motion passed unanimously.
3. Comments and questions from the public not related to the agenda:
Ms. Greco said she was concerned with City Center and the lack of green space. She recalled
the original plan to have all the City Center buildings built around a large green community
space. Now, she said, there is virtually no green space for residents. Ms. Baker noted the
presence of Goose Park and the soon to be built boardwalk from Goose Park to City Center
Park. The remainder of City Center land is privately owned.
4. Announcements and City Manager's Report:
Council members reported on meetings and events they had attended.
Ms. Emery voiced her disappointment with the styles of buildings in City Center. Ms. Riehle
noted that finding an architectural style that pleases everyone is impossible and that buildings
built 15 years ago are very different from what is being built today.
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Ms. Baker: Tomorrow at 9:30 a.m., the traffic light at Williston Road/Hinesburg Road will be
down for about half an hour.
Thanked those who attended and participated in the Fire Department planning
session earlier today.
The Police Department has deployed its first hybrid cruiser.
On 3 April, CSWD Administrative Offices will be moving into 19 Gregory Drive.
Also on 3 April, the Library will be closed so staff can attend a Library conference.
The next agenda will include a process for the next City Clerk as well as a
presentation on a rental ordinance.
Ms. Riehle asked member to let her or Ms. Baker their preferences for committee and other
appointments.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve the Subgrant Agreement between the City of South Burlington and
Champlain Housing Trust,awarding$300,000 of ARPA dollars to be used to
fund the renovation and conversion of the former Ho Hum Motel
c. Adopt the Local Emergency Management Plan
d. Approve a Resolution in support of utility box art on Shelburne Road and
Hinesburg Road
e. Receive the February 2023 Financials
f. Approve the updated Purchasing Policy
Mr. Emery asked what Mr. Hubbard has been consulting on. Ms. Baker explained that he has
been providing technical assistance to Ms. Machar and others.
Mr. Chalnick asked if there is a policy regarding purchase of electric vehicles. Ms. Baker said
that has been considered.
Mr. Chalnick also expressed concern that the city have a "green purchasing" lens to show
leadership to the community.
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Regarding the Emergency Plan, Mr. Chalnick asked if the city is prepared for an F-35 crash. He
didn't see this in the Plan. Mr. Barritt said the Council went through the discussion in 2017. The
Fire & Police Departments are satisfied they have everything they need for any aircraft incident.
Chief Locke said that is still the case today,and the document can be applied to all hazards.
Mr. Chalnick said it is hard to make a judgment as to whether disbursements are appropriate.
He asked what process the city uses to be sure of this. Ms. Baker described the numerous
layers of review for every invoice received. She expressed willingness to sit with Mr. Chalnick
and review this further. She also noted that the Council will be seeing new finance policies. The
city has been using a very old finance tool which they are looking to update.
Mr. Barritt asked what the CWD Antenna Tower Fee is for. Chief Locke said he believed it is the
rent the city pays to have its transmitter up there. Ms. Baker said she will check on this.
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously.
Ms. Baker suggested members send her questions regarding the Consent Agenda in advance so
she can answer them in open session.
6. Approve a Resolution Declaring April 2023 Fair Housing Month:
Mr.Trombly reviewed the history and noted this would coordinate with future efforts in the city.
The Affordable Housing Committee will also be mounting an exhibit in the Library.
Mr. Chalnick suggested changing "eliminate discrimination"to "insure fair housing."
Mr. Barnes moved to approve the Resolution declaring April 2023 as Fair Housing Month as
presented. Ms. Emery seconded. Motion passed unanimously.
7. Executive Session:
Mr. Barritt moved that the Council make a specific finding that premature general public
knowledge of confidential attorney-client communications made for the purpose of providing
professional legal services to the Council would clearly place this public body at a substantial
disadvantage. Ms. Emery seconded. Motion passed unanimously.
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Mr. Barritt then moved that the Council enter into executive session for the purpose of
confidential attorney-client communications made for the purpose of providing professional
legal services to the Council, inviting into the session Ms. Baker, Mr. McNeil and Mr. Conner. Ms.
Emery seconded. Motion passed unanimously.
8. Approve a Resolution outlining the Council's position on the Omnibus Housing Bill
before the Legislature:
Ms. Emery noted that Mr. Conner wrote a very helpful letter to the Senate Natural Resources
Committee. They did not make any of the changes Mr. Conner recommended. Sen. Baruth was
going to bring it to their attention. The next committee the bill goes to will be the
Environmental Committee. Mr. Conner's letter reviews the city's goals and the currently
available housing potential, including affordable housing. The letter also explains the TDR
program and the city's concern for environmental goals and the concern that S-100 could
undermine those initiatives. The hope is that the letter could also go to the House
Environmental Committee and to Vermont Digger as this is of concern to the whole state.
Mr. Barritt moved to adopt the letter and to send it to the State Legislature and to Vermont
Digger. Mr. Chalnick seconded.
Mr. Barritt said he spoke with Sen. Ram-Hinsdale and said South Burlington is not in agreement
with parts of S-100 and that land in the city is managed to everyone's advantage. Density is
being increased where it should be and not where it shouldn't. Mr. Barritt added that he had
little hope that anyone in Montpelier would see or hear this as there seems to be a steamrolling
effort.
Mr. Barnes said he is appreciative of the work that went into the LDRs, some of which he agrees
with and some of which he does not. He heard a number of residents speak very passionately
on Wednesday regarding the dire need for more and different types of housing. He didn't hear
a corresponding desire for conservation. He said that he doesn't think that apartment living
serves the need for play and open space. He added that he was also concerned with equity in
the schools. Only 4 children in his son's entire school have played an organized sport. This is in
contrast to other schools that have a higher percentage of"haves."
Ms. Emery said that at some point in their lives people look for an apartment lifestyle. They
don't want to take care of a yard. Young professionals also use fewer city services. She felt
The city's regulations provide more options for people.
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Mr. Barnes said he didn't disagree, but he didn't think people move to Vermont for that. He
would like to see homes with yards with more density. Mr. Barritt said the average person can't
afford a home where development will be happening in the next 10 years. The land is too
expensive. Mr. Barnes said he would like to see most state-wide development happen "here."
Dr. Childs questioned the word "affordable," and said $400,000 is not affordable for many
people, especially people of color.
Ms. Greco said at the Natural Resources session, Mr. Barnes would have heard people speaking
of conservation. She added that we need natural resources to survive. She felt the city had
looked for places for housing and for land to conserve.
Ms. Emery stressed that the city is not opposing the bill. It is asking the Legislature to consider
Mr. Conner's letter in their deliberation.
Mr.Trombly said there are elements of 5-100 that the city supports. He felt the letter leans
toward the negative. Ms. Riehle said that when she appeared in Montpelier, she made it clear
that there were a lot of things South Burlington supported.
Ms. Korpus said she didn't want to undo the good work the city has done.
In the vote that followed, the motion passed 4-1 with Mr. Barnes voting against.
9. (#11 on the agenda) Public Hearing and second reading of Land Development
Regulations#LDR-22-09—a series of minor amendments to the Environmental
Protection Standards:
Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed
unanimously.
Mr. Conner said the amendments make minor changes to environmental standards after the
DRB expressed concern with some "quirks" with the new LDRs. In a few instances, a wetland
buffer could extend through the middle of a house. There was also concern with environmental
restoration projects potentially being prohibited.
Ms. Easton brought a property maintenance issue to the Council's attention and noted that staff
has tried unsuccessfully to address her issues but could not find a solution in the language.
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A section of her property has "slumping terrain"which has impacted the functionality of the
property. A section of a sitting wall is being destroyed by this. Pictures and a plan of the
property were show. Ms. Easton said the house was built in the only place it could be built. It
had the blessing of environmental experts and the DRB.They have tried some environmental
engineering and consulted professionals. Large stones were proposed, but the city opposed
this. They do not want to sit by and watch the deterioration of their property. She felt more
time should be spent looking at amendments that will allow people to address problems such
as theirs.
Ms. Riehle asked if this is something the Planning Commission can work on and get back to the
Council. Mr. Conner said he would be more than happy to come back with something for the
next meeting. If the Council is OK with it, a second public hearing would have to be warned.
Ms. Emery asked if the Eastons are fighting the course of the river. Ms. Easton they are located
nowhere near the stream. She added that there is also a safety issue of stones rolling down the
hill. She would be happy to put a rain garden in there. She stressed that some properties don't
fit the regulations, and the city needs to work with taxpayers in those situation.
Mr. Barritt moved to close the public hearing. Ms. Emery seconded. Motion passed
unanimously.
10. (#9 on the Agenda) Interview candidates for the Planning Commission:
The Council interviewed the following applicants:
a. Ryan Doyle
b. Francis McDonald
c. John Moscatelli
d. D. Lawrence Smith
e. Michael Scanlon
f. Michelle Korpos
g. Nora Senecal
11. (#10 on the Agenda) Interview candidates for the Development Review Board:
a. David Parsons
b. Ted Lenski
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c. John Moscatelli (also interviewed for Planning Commission)
12. (#16 on the Agenda) Receive a request from the School Board on traffic safety
around schools, receive information from City staff,and possibly take action:
Ms. Baker noted that in February the School Board had a discussion regarding safety around
schools. Mr. DiPietro and Ms. Quallen have gone through this regarding technical details.
Mr. DiPietro reviewed the 6 bullet points in the School Board memo:
1. Speed limits—reduce to 25 mph. Mr. DiPietro said this would require an
engineering analysis (this is State Statute). He noted that the speed limit
near the elementary schools is 25 mph. On Dorset Street (near the High
School and Middle School), it is 35 mph.
2. Establish "School Zones"
3. Install blinking radar signs. Mr. DiPietro said this can certainly be done. The
cost would be$22,000 for each setup.
4. Install pedestrian scale lighting on Dorset Street. Mr. DiPietro said this can
definitely be looked into.
5. Provide crossing guards. Mr. DiPietro said this would definitely be supported.
The Police Department would train people to serve in this capacity.
6. Install speed bumps. Mr. DiPietro said this is a way to reduce speeds.
Mr. DiPietro noted that Ms. Quallen has been working with CCRPC, and some timelines have
been moved. CCRPC will do a study for a "school zone" at Orchard School in an earlier time
frame and then do a study for Central School later(Chamberlin already has that designation).
The Dorset Street signals project is beginning. There will be pedestrian signals and timing
improvements. The hope is to have these done by September.
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Ms. McDonald, Principal of Central School,then explained safety issues for children who are
walking to school. This has become urgent with the new construction adjacent to the school.
Students from the Garden Street apartments have to cross the road 5 times to get to school. In
3 weeks, the developer will be closing the sidewalk which will result in students having to cross
that street several times. The developer is willing to put in a path with woodchips. Teachers
and administrators are having to walk with children and stop traffic to allow them to cross
streets safely. Crossing guards are definitely needed.
Ms. Riehle asked if there will be a sidewalk when the building is finished. Ms. McDonald said
there will be a path all the way to the school.
Ms. Emery asked if traffic can be limited on Market Street at certain times of day. Mr. DiPietro
said there is no enforcement ability.
Ms. McDonald said there is also an issue with school buses turning left onto Market Street.
Mr. Barritt suggested asking the developer to use transparent fencing so people can see
oncoming traffic. Mr. DiPietro said he would discuss that with them tomorrow.
Mr. Barritt raised the issue of having no parking on the curve on Market Street. It is impossible
to see people getting out of their cars.
Ms. Riehle said she was surprised about the bus situation because the city had traffic specialists
who didn't consider the width of School Street. She said they may need to think what that
street looks like and possibly not allow parking there. Ms. Baker noted that is a prime parking
place for seniors who come to the Senior Center. Ms. Emery suggested possibly having no
parking at certain hours. Ms. McDonald suggested 2:15-2:45 p.m. and 7:45-8:15 a.m.
City staff will work with DPW and then come back to the Council with any budget requests. Ms.
McDonald said a committee is being formed that will include students so they can see the
importance of finding solutions together.
Ms. Ostby noted that the Planning Commission approved a motion to allow the school to
choose a name for what is being called "School Street." She felt this would also be something
for students to participate in.
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Ms. Ostby also noted there are 2 crosswalks in front of the High School. One is at a light and is
very dangerous, especially at dismissal. Cars in the inner lanes cannot see the flashing lights.
She asked if anything can be done to have a light in the middle of the road when a road is more
than 2 lanes.
Ms. McDonald also noted there is a crosswalk on Market Street that is not valid, and the sign
should be taken down as it leads to a dead end. She asked if there could be a temporary cross-
walk from the corner of the Library to the school sign. Students could then continue straight to
the school. Mr. DiPietro said he would look at that tomorrow. He was also concerned that the
path from the crossing is no longer there.
Mr. Doyle noted that Dorset Street is constructed to move traffic as quickly as possible. When
you go by the manuals,you don't get the "complete streets"the city wants.
13. Orientation to Council Service and Municipal Operations:
Due to the late hour, Ms. Baker said she would meet with the 2 new City Councilors for this
orientation.
14. Adopt the City Council Rules of Procedure and
15. Adopt the Conflict of Interest and Ethics Policy for elected and Appointed Officials:
Ms. Baker said these are the same as last year and are based on VLCT guidelines. They need to
be adopted.
Mr. Barritt moved to adopt the City Council Rules of Procedure and the Conflict of Interest and
Ethics Policy as presented. Mr. Barnes seconded. Motion passed unanimously.
16. (#17 on the agenda) Consider supporting an application to the Department of
Energy for funding to develop a State-wide plan to get a residential energy code
enforcement system:
Ms. Baker said she felt this would be good for the city to sign onto and have the Council Chair
sign.
Ms. Emery moved to support the application to the Department of Energy for funding to
develop a State-wide plan to get a residential energy code enforcement system. Mr. Chalnick
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seconded. The motion pass 4-0 with Mr. Barnes vot' against as he was not familiar with
the item.
17. Convene as the South Burlington Liquor Control Commission to consider the
following:
Bliss Bee, 1st Class Restaurant/Bar and Outside Consumption permit;Champlain Farms(1118
Williston rd), 2nd Class License; Champlain Farms(1800 Williston Rd),2nd Class License;
Champlain Farms(801 Williston Road), 2nd Class License; CVS,2nd Class License; Gonzo's
Indoor Golf, 1st Class and 3rd Class Restaurant/Bar License;Gracey's Liquor Store, 2nd Class
License;Gracey's Store& Deli,2nd Class License;Green Mountain Suites Hotel, 1st Class
Restaurant/Bar License and Outside Consumption Permit;Guild Tavern, 1st Class&3rd Class
Restaurant/Bar License; Hana Japanese, 1st Class&3rd Class Restaurant/Bar License;
Hannafords(935 Shelburne Rd),2nd Class License; Hannafords(Dorset St),2nd Class License;
Homewood Suites, 1st Class Restaurant/bar, 2nd Class license and Outside Consumption
Permit; Interstate Shell,2nd Class License;Jolley#146(1110 Shelburne Rd), 2nd Class License;
Jolley#104(1830 Shelburne Rd),2nd Class License;Jolley#105(1314 Williston Rd), 2nd Class
License;Jolley#107 (977 Shelburne Rd),2nd Class License; Kinney Drugs,2nd Class License;
Maplefield's(811 Williston Rd), 2nd Class License; Maplefield's at the Airport(1801 Williston
Rd), 2nd Class License; Old Post, LLC(The), 1st Class&3rd Class Restaurant/Bar License and
Outside Consumption Permit(s); Olive Garden, 1st Class and 3rd Class Restaurant/bar License
and Outside Consumptions Permit(s); Pour House, 1st Class&3rd Class Restaurant/Bar License
and Outside Consumption Permit; Price Chopper, 2nd Class License; Pulcinella's, LLC, 1st Class&
3rd Class Restaurant/Bar License; Red Barn Market& Deli,2nd Class License; Shaw's 2nd Class
License;Shelburne Rd Variety,2nd Class License;Simon's Store& Deli (Shelburne Rd),2nd Class
License; Skinny Pancake at the Airport, 1st Class&3rd Class Restaurant/Bar License;
SugarSnap, 1st Class&3rd Class Commercial Caterer; Vermont Pool & Bar, 1st Class&3rd Class
Restaurant/Bar License and Outside Consumption Permit;Weird Window Brewing, 1st Class
Restaurant/Bar License and Outside Consumption Permit;Windjammer, 1st Class&3rd Class
Restaurant/Bar License and Outside Consumption Permit
Mr. Barritt moved to approve the list of 1st, 2nd, and 3rd class liquor licenses as presented. Ms.
Emery seconded. Motion passed unanimously.
18. Consider entering Executive Session for the purposes of discussing appointments
to the Planning Commission and the Development Review Board:
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Ms. Riehle noted that appointments will be announced tomorrow when candidates are notified.
The appointments will be approved by the Council at its next meeting.
Ms. Emery moved that the Council meet in executive session for the purpose of discussing
appointments to the Planning Commission and Development Review Board and to invite Ms.
Baker into the session.
As there was no further business to come before the Council Mr. Barritt moved to adjourn.
Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 11:33
p.m.
Clerk