HomeMy WebLinkAboutMinutes - City Council - 04/17/2023 CITY COUNCIL 17 APRIL 2023
The South Burlington City Council held a regular meeting on Monday, 17 April 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 (arrived late), A. Chalnick
ALSO PRESENT: J. Baker, City Manager; D. Kinville, City Clerk; C. McNeil, City Attorney; P. Conner,
Director of Planning & Zoning; T. DiPietro, Public Works Director; E. Quallen, Public Works
Department; I. Blanchard, Community Development Director; D. Peters, R. Greco, M. Mittag,J.
Louisos, P. Thompson, O. Peron, F. MacDonald, J. Burton, S. Dopp, J. Booth, J. Nadeau
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:
Ms. Greco said that she had been told that part of Hubbard Park property was going to be
paved for a bike path. She asked that if this is true, it should be reconsidered. She noted the
property contains an organic farm, wetland, wildlife, etc., and felt that the area shouldn't be
damaged. The land is costing the city nothing, and a bike path would cost the city for
maintenance.
Ms. Greco also said the traffic lights in the city are inefficient. In Burlington, the lights become
flashing late in the evening. She suggested that South Burlington lights become flashing after 8
p.m. when there is less traffic.
4. Announcements and City Manager's Report:
Council members reported on meetings and events they had attended.
Ms. Baker: A Community Grant for which the city applied has been deferred to the next
round of funding. Another grant has also been recommended.
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Green-up Day is the 6' of May. Bags can be obtained in the City Clerk's office.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve minutes
c. Approve the settlement reached between the City and Paul Washburn and
authorize the City Manager to execute all documents necessary to effectuate
this settlement
d. Approve an application for a Northern Borders Regional Commission grant to
fund future water tower capacity
e. Approve an application for a Teen Lit Mob grant to support programming at the
Library
f. Approve an application for a Vermont Department of Libraries Summer Grant
Program to support the Library
Item "b" was removed from the Consent Agenda as minutes were not yet available.
Ms. Emery asked to remove item "c" as well.
Ms. Emery then moved to approve Consent Agenda Items a, d, e, and f as presented. Mr.
Chalnick seconded. Motion passed 4-0.
Ms. Emery said she understands the reason for the settlement in item "c," but she did not
believe justice was served in all cases.
Mr. Barritt moved to approve Consent Agenda item "c" as presented. Mr. Chalnick seconded.
Motion passed 3-1 with Ms. Emery voting against.
6. Select the City's Top Dog and First Feline:
Ms. Kinville noted that there has been an increase in dog and cat registrations (26 more dogs
and 35 more cats) and cited the contest as one reason for this success. She thanked the
sponsors who contributed the prizes for the contest including: Pet Food Warehouse, Guy's Farm
& Yard, Brown Animal Hospital, Hannaford's, Doggie Style Salon, and Kim Provost who will paint
pictures of the winners.
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The winners were then drawn. Jillian Randall and Sarah Dopp were First Feline winners, and
Robin Cooley and Kathy Hatch were Top Dog winners.
Ms. Riehle suggested a sign in dog parks reminding people to register their pets.
7. Receive a Presentation on needed water storage capacity and discuss plans for
Town Meeting Day 2024:
Ms. Baker said this is an information item, and no action is needed at this meeting.
Mr. Lewis explained the nature of the city's water system. CWD provides water treatment, and
the city's water comes from them and goes into storage tanks to meet the day-to-day needs of
the city as well as fire-fighting, storage for power outages, and needed water pressure. The city
is currently using 98% of the water capacity in the large storage tank, and State rules require
adding additional storage when that percentage reaches 90%.
Mr. Lewis showed a map of the area being served by this water tank and reviewed the history of
the siting. The only available land for a second tank is on the same site as the existing tank. Six
alternative sites were reviewed and rejected.
Mr. Lewis then showed two types of tanks that were evaluated. The standpipe tank was the one
chosen. The recommendation is for a 2.1 million gallon tank which would serve both the short
and long-term needs of the city. This tank would increase the total capacity to 4.2 million
gallons. The estimate is that the city will need 3 million gallons by 2070. This includes the
agreement to store water for the town of Shelburne.
Mr. Barritt asked why a second tank is needed and why they can't just refill the existing tank
when it is empty. Mr. Duncan said there is a requirement to have 24 hours of water stored in
case of a pumping failure.
Ms. Riehle asked if Shelburne is satisfied with their allocation. Mr. Lewis said they said they are
satisfied but may need more in the future. Ms. Riehle asked if the additional tank would be able
to help another community if they had a problem. Mr. Duncan said it would if there was a
break in their system. He noted that there is already such an agreement with the City of
Burlington.
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Mr. Chalnick asked why there is so much "fire flow" needed. Mr. Duncan said there is a "per
minute" flow requirement. The requirement now is 135,000 gallons which could increase in the
future.
The total cost of the new tank would be $5,400,000. The city has applied for grants to offset
that cost. A 2% loan is available through the VTSRF Program. The estimate is that the average
water user would be $19.80 a year more.
The plan is to start the final design in May and begin construction in April 2024. Construction
would be completed in December 2024.
Mr. Barritt asked if this project is a candidate for an impact fee. Mr. DiPietro said when a
development is built, the developer pays for capacity; that is their impact fee. He added that
the city's rates are very low, and this is being looked at.
(Mr. Barnes arrived at the meeting)
Mr. Barritt asked if the tank can be a different color. Mr. DiPietro said the project will go
through Act 250 which will consider "aesthetics."
Ms. Greco said people are wasteful as to how they use water and this should be discussed
further.
8. Receive Public Works'Traffic Request Evaluation Guidance and provide input to
staff
Ms. Baker noted this item is related to constituent requests.
Ms. Quallen then provided a general presentation on how traffic requests are handled. She
noted that the department gets many such requests, usually related to speed and safety. The
department's goal is to provide an expedient, equitable process for identifying, evaluating,
prioritizing, and implementing requests. Ms. Quallen then outlined the 8-step process:
1. There is an on-line form which applicants complete. This process does not
apply to stop signs and signal issues.
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2. Initial Screening—The department evaluates traffic conditions, the amount of
traffic on the road, safety (crash data). Points are given for each item.
Additional points are given for an accident involving a pedestrian or cyclist.
3. Preliminary Scoring—takes into account the environment (bike path/shared
use path, crosswalks, high density housing, numerous/large employers, etc.).
Additional priority is given for the presence of a school. If the required
number of points is not achieved, the situation is reviewed in 3 years.
4. Community Outreach #1— Discussions with the Bike/Ped Committee and
with neighbors.
5. Technical Evaluation —data collection regarding speeds and whether 85% of
traffic is moving at or below the speed limit. Initial design recommendations.
6. Final Scoring
7. Community Outreach #2—Second meeting with Bike/Ped Committee with
potential treatments.
8. Design and Implementation — If it is a low-cost solution, it can be added to
the list of what can be done internally as budget and capacity allow. For
projects requiring funding, the project goes to the city's budgeting process.
Ms. Quallen then showed photos of potential design treatments (e.g., speed bumps, median
islands, pavement markings).
Mr. Barnes noted the process seems "reactive rather than proactive." He asked about areas
where there are school children. Ms. Quallen said children are always taken into account. Mr.
Barnes said he would hate to see a project not happen because there hasn't been an accident
yet, and then have an accident happen. Ms. Quallen said she very much hears that, and that is
why they are asking for the Council's thoughts.
Mr. Barritt said the structure seems pretty fair for prioritizing. Ms. Quallen noted that a lot of
situations are interconnected, and there are situations that increase the number of vehicles in
an area. Mr. Barritt said a way is needed for Public Works to come to the Council regarding
numbers of projects that need attention. Ms. Baker noted there is data regarding "bumper to
bumper," crashes and police data as to possible causes of accidents.
Ms. Baker noted that Mr. DiPietro has spent most of his career in South Burlington, and she has
never seen a person like him who can "hit the ground running." She said the development of
this procedure is a major improvement.
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#9. Receive an update on City Center development,the Tax Increment Financing
District and the Form Based Code:
Ms. Baker noted the successful bond vote. She also noted that the audit is ongoing, and she
thought there would be an exit in May, which is great sign.
Ms. Blanchard said this is an exciting point in City Center development with a lot happening in a
lot of places. She showed a city map and identified the City Center and Form Based Code
districts.
Mr. Conner said the Form Based Code is a commercial/mixed use part of the city where new
and redevelopment is happening.
Ms. Blanchard showed a map identifying natural areas in City Center, including City Center Park,
public natural areas and private natural areas. She pointed out the forest owned by UVM,
property owned by the School District, and a wetland, all of which are protected.
Mr. Conner identified properties that can be redeveloped and areas that would be an amenity
for those sites. He said that connectivity is a key element. Ms. Riehle asked if Open Space
funds can be used. Mr. Conner said they can as can impact fees. Ms. Blanchard noted that the
City Center "downtown" area includes shade trees, sidewalks, facilities for bikers, walkers,
strollers, and wheelchairs. She identified the bike/ped infrastructure.
Ms. Blanchard then showed a map of occupied buildings, those under construction,those
approved to be built, and commercial space. There are 19 new buildings.
Ms. Blanchard then reviewed the city's TIF investments. She showed other projects that
support City Center including the Dorset Street signal project, Potash Watershed pond and box
culvert (which supports aquatic natural life and addressed stormwater), Allard Square and the
Garden Street apartments (built with city support), the bike share and Illuminate Vermont.
Mr. Conner said that to date there are over 500 residential units in City Center, 128 of which are
affordable. There is 29,475 sq. ft. of potential commercial space within the TIF district and
another 58,482 sq. ft. in City Center but outside the TIF district. The building at 112 Garden
Street will have a café and day care on its first floor. The building under construction next to
City Hall will also have commercial space on its first floor. There is an application for the south
side of Market Street for 213 residential units and 27,000 sq. ft. of commercial space. This will
allow
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for smaller, more "downtown feeling" commercial spaces (with a requirement for a door every
30 feet).
Mr. Barnes asked what percentage of housing allows for ownership. Mr. Conner said the Habitat
for Humanity units are ownership. Most of the rest of the units are designed for rental, though
that is beginning to turn a bit. There are building owners showing an interest in turning existing
buildings from rental to ownership.
Mr. Chalnick said that City Center does not look like what people had in mind when they spoke
of buildings around a "central green." He suggested possibly making the parking lot across from
City Hall into a green park area and building a parking deck behind City Hall. Mr. Barritt noted
the property on which City Hall sits cost about $1,000,000 per acre. Ms. Riehle added that the
property taxes are needed to pay off the TIF. Ms. Baker suggested talking with the UMall folks
about their vision for that property. The effort now is to get the 4 TIF projects done.
Mr. Barritt said he thought the "green space in City Center ship has sailed." He added the 4
projects should be done first. Other redevelopment will happen, and that could include
significant green space.
Ms. Emery noted concerns that there isn't a lot of variety in the buildings that are being built.
Variety was recommended in the LDRs. Ms. Riehle said it is always challenging to get variety
when you have 4 or 5 stories. Mr. Conner added that architecture goes through eras, and most
of City Center is being built in one era. He stressed that the materials being used meet the
energy code and there are restrictions on the number of windows, etc. He did note that the
rooftop area of one of the new buildings will have views of the Green Mountains.
Mr. Barnes felt this should be part of a larger discussion.
Ms. Greco noted that the consultant warned against little patches of green, and that is what
there is. She felt "regreening" would help, and that the Council should think of ways to do that.
Ms. Emery added that many people are disappointed that the center green didn't happen. But,
she noted, the city would have had to buy the land.
Ms. Riehle said this would be a good topic for discussion at the Council retreat.
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#10. Discuss the remaining$2M in American Rescue Plan Act (ARPA) funding and a
process for making final decisions:
Ms. Baker asked the Council what information they need in order to make decisions. One
possible use is the $320,000 match for the shared use path. That is due on 9 June, so there is
some time to think about it. Mr. Barritt thought that would be a good investment as the path is
not in good shape. Ms. Emery asked why they would use the ARPA money for that when they
could use the Pennies for Paths money. It was noted that using the ARPA money would move
up the timeline for that project. Ms. Riehle said they should have the fund balance from
Pennies for Paths before making a decision. Members agreed.
Mr. Kilacky said he would like to see a community discussion regarding the ARPA money. He
noted that plugging a budget gap is also important. He also noted that they have to be sure
whatever they decide is a proper use for ARPA money. Ms. Thompson agreed with the need for
a community discussion.
Ms. Riehle said the ARPA money needs to be spent by 2026, so there is time to consider how to
spend it. She suggested having a discussion earlier on an agenda.
#11. Discuss 5.100"An act relating to housing opportunities made for everyone" and
potentially take action:
Mr. Conner advised that he is scheduled to testify on Thursday morning to the House Natural
Resources and Energy Committee. He will bring them more specific language and concerns.
Ms. Riehle said she is also testifying, representing the conversation the Council has had.
Mr. Barritt asked what the "temperature" is at this point. Ms. Riehle said she had a very good
discussion with the Natural Resources Counsel and Katy Gallagher, and they were both
supportive of what she had to say. Ms. Riehle noted there will be many people testifying, and
she was more optimistic that the House has slowed things down a bit. Mr. Barritt asked what
the Governor's opinion is. Ms. Riehle said he doesn't like the changes to Act 250.
Mr. Kilacky said that coming to the House Natural Resources Committee with specific language
is very important. They are concerned with the effect of the bill on the environment. He said
the city should focus on energy and the environment to have most impact. Mr. Kilacky also
noted that South Burlington is quite different from most communities, and it is hard to be
equitable across the state. He did not think the decision would be given back to local control.
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Mr. Chalnick said the State has been paralyzed regarding climate action, and for the Legislature
to stand in the way of what municipalities are doing is hard to understand.
Ms. Emery said she doesn't know how this will work with TDRs because so much is up in the air.
She added that what South Burlington has done is based on State Statute.
#12. Receive updates to amendments to the Land Development Regulations and
possibly set Public Hearing for May 15, 2023 at 7:30 p.m.:
Mr. Conner reviewed the history. Ms. Louisos said the Planning Commission has made the
amendment clear that any redevelopment cannot increase the impervious surface. She also
noted that the Commission also looked at the "stabilization" situation. They were unanimous in
their decision.
Ms. Riehle said she believed that responds to the Council's concerns.
Mr. Chalnick suggested adding that "the encroachment is necessary," but said he would vote for
the language as it was written. Mr. Barritt said he would leave the language as it is because this
is what the Planning Commission approved. Members agreed to leave the proposed language.
Ms. Easton supported leaving the language as written.
Ms. Riehle then moved to set a public hearing on amendments to the Land Development
Regulations#LDR-22-09 for 15 May 2023 at 7:30 p.m. Mr. Barritt seconded. Motion passed
unanimously.
#13. Discuss the process to make FY24 appointments to policy and regulatory
committees:
Ms. Baker noted there are 37 committee openings. She presented 4 possible options for
holding interviews. The Planning Commission and DRB interview process would be as usual as
those are policy committees.
Mr. Barritt liked option 4. Ms. Emery said she would like to see 3 Council members on each
subcommittee. Members agreed. Ms. Baker added that relevant committee chairs would be
invited to participate as well and to provide what is required of members.
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Ms. Emery asked if there are the same number of applicants as there are openings, and the
committee doesn't want one or more of those applicants, are they obligated to appoint
someone they don't want. Ms. Baker said they are not.
Ms. Riehle suggested adding a question to the application: What other committees would you
be interested in?
Mr. McNeil noted that with a 3-person committee, 2 members is a quorum, and with 3 Council
members, there can only be discussion about the interviews.
Ms. Riehle then moved to create 3-person sub-committees for the sole purpose of interviewing
candidates for committees. Mr. Barnes seconded. Motion passed unanimously.
It was agreed that Ms. Riehle would chair both sub-committees. Ms. Baker will provide a
composition of the two sub-committees and the questionnaire.
The full City Council will interview for the Planning Commission and DRB on 5 June 2023. The
Council will also make the final decision on all appointments.
#14. Convene as the South Burlington Liquor control commission to consider the
following:
Chicken Charlie's 1st Class Restaurant/Bar License; Dave's Cosmic Subs, 1st Class
Restaurant/Bar License; Farmers & Foragers, 1st Class Commercial Caterer; Parkway Diner
(contingent upon payment) 1st& 3rd Class Restaurant/Bar License & Outside Consumption
Permit; Pauline's Cafe & Restaurant, 1st& 3rd Class Restaurant/Bar License:
Mr. Barritt moved that the Council convene as the South Burlington Liquor Control Commission.
Ms. Emery seconded. Motion passed unanimously.
Mr. Barritt moved to approve the list of 15t and 3rd Class licenses as presented, with Parkway
Diner contingent upon payment. Ms. Emery seconded. Motion passed unanimously.
Ms. Emery moved to reconvene as City Council. Mr. Barritt seconded. Motion passed
unanimously.
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#15. Other Business:
Council members agreed to the following schedule to write the "Councilors' Corner" column for
The Other Paper:
May— Mr. Chalnick
June— Mr. Barnes
July— Mr. Barritt
August— Ms. Riehle
As there was no further business to come before the Council, the meeting was adjourned by
common consent at 10:28 p.m.
// Clerk