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HomeMy WebLinkAboutMinutes - City Council - 05/01/2023 CITY COUNCIL 1 MAY 2023 The South Burlington City Council held a regular meeting on Monday, 1 May 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; S. Locke, Deputy City Manager; P. Conner, Director of Planning &Zoning; M. Machar, Finance Officer; D. Peters, C. Trombly, B. Sirvis, J. Burton, R. Greco, C. McDonald, R. Venkataraman, M. Simoneau, L. Bresee 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 addressed the Council regarding climate change issues and the need to protect the city's ability to provide clean water and food. She urged the Council to pan lawn pesticides or, if that is not legal, to educate the public as to the harm they can do to the water/food supply. She also asked the Council to remind people to conserve water and use tap water on their lawns. She urged the city to support local faming which can provide food to feed a significant portion of the city's population. Finally, she said that the city's new Comprehensive Plan should not be a "business as usual" plan but should stress the need to become a sustainable city, particularly in terms of food and water. 4. Announcements and City Manager's Report: Council members reported on meetings and events they had attended. Ms. Riehle particularly noted that at the end of the presentation she and Mr. Conner made to the House Environment and Energy Committee, Committee members said to Mr. Conner that we should come back and educate the Committee. CITY COUNCIL 1 MAY 2023 PAGE 2 Ms. Riehle also reminded the Council that they had been discussing whether to meet on June 19th ("Juneteenth). She will be coming back to the Council with a plan for a possible celebration following a short meeting. Mr. Barritt noted that a federal court has shot down California's law against heating with gas. That will be something to keep an eye on. Ms. Baker: There will be a total solar eclipse on 8 April 2024, at 3:24 p.m. (the South Burlington peak), and the expectation is that 250,000 or more people will be descending on the area. Local communities are already planning for security, etc. The FY23 pre-audit will start next week. Chris Corbin has been promoted to Deputy Fire Chief. He is a proven leader in the Department. The City has purchased 1270 Williston Road which will be demolished. It is currently being used by the Fire Department for training exercises. The Dorset Street signal project has begun. There will be some interruptions in traffic flow with minor delays, and probably more impact when the work gets to Williston Road. The City Charter Committee will be holding public forums on 10 and 25 May. There is also a survey posted on the city's website. Green-up Day is on Saturday. People can pick up bags at City Hall. Last week, the South Burlington Library Foundation presented its last check for $50,000 to the city for the new Library bringing their total raised to $418,000. With other funding, the total Library funding reached $1,000,000. 5. Consent Agenda: a. Approve and Sign Disbursements b. Award contract to Dirt Tech Company, LLC, for the construction of the Kennedy Drive Stormwater Pond 2 Improvement Project c. Award contract to Don Weston Excavating, Inc., for the construction of the Williston Road Pedestrian Crossing Project d. Approve a Proclamation Recognizing Arbor Day 2023 CITY COUNCIL 1 MAY 2023 PAGE 3 Mr. Barritt read the Arbor Day Proclamation. Mr. Barritt then moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion passed unanimously. 6. First Reading of LDR Amendment#LDR-23-01, Solar PV for commercial buildings, and LDR-23-02, minor and technical amendments, and consider holding a public hearing on these amendments on 5 June 2023 at 7:30 p.m.: Mr. Conner said that the Solar amendment was brought to the Planning Commission by the Energy Committee. A previous amendment had required a solar-ready zone of no less than 40% of the roof for commercial buildings. This amendment requires a commercial building to include a solar PV system maximizing the solar ready zone. There is no requirement to attach to a grid. Also, the solar system cannot exceed the capacity of the building. There are exceptions which come from the State Energy Code. The amendment is worded to allow for future technology changes. It was passed unanimously by the Planning Commission. The Commission also decided to hold off on residential uses. Mr. Barritt asked if the amendment defines a minimum. Mr. Conner said the minimum is to maximize the use of the solar ready zone. Mr. Barnes asked whether a developer would have to do solar elsewhere if they can't meet the 40% on the roof. Mr. Conner said "not exactly." You only have to put solar in your solar ready zone. Ms. Riehle noted that Hinesburg was trying to put in a system for people to buy into, but they couldn't get enough support. She asked if that is an option in South Burlington. Mr. Conner said this amendment talks about on-site only. It is possible for existing buildings to make use of what Ms. Riehle was asking about. He also said if there were a 3-building development, they could possibly have one big unit in a central location that could cover all three buildings. Mr. Barritt asked about 4-story apartment buildings. Mr. Conner said they are included as are residential buildings of more than 3 stories and less than 6 stories. Mr. Barritt asked if there is an opportunity to create a co-op to dole power out and feed power back to the co-op. He noted that the co-op could get a block of net metering and make an arrangement with Green Mountain Power. CITY COUNCIL 1 MAY 2023 PAGE 4 Ms. Emery moved that the Council hold a public hearing on the proposed amendments on Monday, 5 June 2023 at 7:30 p.m. Mr. Barritt seconded. Motion passed unanimously. 7. Discuss remaining $2M in American Rescue Plan Act (ARPA) funding and process for making final decisions: Ms. Baker said the city has until December of 2024 to allocate the funds and until December 2026 to spend them. They can be used for any municipal purpose. The intention at this meeting is to have a discussion of a process to use to make a decision and assure that staff will be able to help to make that decision. Ms. Riehle said there are submitted suggestions totaling $10,000,000, so the Council can't do everything the public wants. She reminded members that they wanted to identify things that make a difference and maximize the funding as much as possible by leveraging possible matching funds. At the moment, there is no information on matching funds, but people have said that the State has money that may be available as grants, though this has not been confirmed. Mr. Barritt suggested creating a matrix indicating a dollar amount requested. If it is a small number, grant it, then look at what is 'matchable.' Ms. Riehle then reviewed what has already been allocated/spent. Ms. Emery felt that money that is already in the CIP should not come out of there. She favored using a large amount for climate action and questioned whether there is staff available and how the city might find more staff. She also noted that City Center is not getting the level of enthusiasm hoped for, and there are little things that might not cost a lot that could add some distinctiveness and aesthetic pleasure. She suggested a possible competition. Mr. Barritt noted that issue of dealing within the Form Based Code. Ms. Riehle also noted that if the permitting for a project is complete, the design is finished. Ms. Baker said some permits have been issued and some are to be issued. Ms. Baker noted there are still parcels that will be developed. She suggested bringing in architects that have worked on existing buildings to discuss what Form Based Code has dictated regarding those buildings. Mr. Barritt said 80% of what has been built in the past few years is "boring." CITY COUNCIL 1 MAY 2023 PAGE 5 Mr. Chalnick agreed with the need to do something about the facades that can be folded into the next iteration of Form Based Code. He said he would like to use the money for something regarding climate. He felt the money should be spent with the same caution as taxpayer funds, possibly using it to fill in the city budget. He stressed that the city can't reach climate targets without funds. Ms. Riehle asked whether the city can use the money for existing expenses and then use budget dollars as people are suggesting. Ms. Machar said they can do that. Ms. Emery was concerned the money would just be folded into the budget and not happen. Mr. Barnes agreed with Ms. Emery. Ms. Emery said she feels the ARPA funds need to do something "transformational," possibly as seed money for the winning design of an architectural design contest for remaining buildings on Market Street. She asked what can be done with the City Center streetscape to make it more attractive. That would be a gift to the city that the public can see. Mr. Barnes said he would like to pursue something along those lines as a "gift to residents." He also felt the Council should go back to what the public has already said they want to see. He said that child care and income disparity jump out at him. He asked how funds could be invested to make South Burlington more affordable, things people are hurting for. Ms. Riehle questioned what the Council can do regarding childcare. She understood the need but didn't see how the ARPA funds could address the need. She noted that the Medical Center has built childcare into their housing project. She also stressed that the city doesn't own the City Center land; they own only the sidewalks and the park. Mr. Chalnick said some people felt the survey was constraining and didn't capture the sense of the community. Ms. Baker said the Council spent more than 3 meetings working on the survey. There were options and then there were open-ended sections. Mr. Chalnick noted that recreation space overwhelms all of the "open ended" responses. Ms. Emery saw the need to work on "gathering spaces" to address the theme of isolation. Mr. Barritt suggested having someone look at available sites to generate ideas that are possible. Ms. Riehle said they would have to act quickly and change the Form Based Code quickly before permits are pulled. Mr. Barritt noted there are proposals for real dollars to be spent on real things. He asked if the money can be put into a reserve fund. Ms. Machar said it cannot. CITY COUNCIL 1 MAY 2023 PAGE 6 Ms. Riehle suggested possibly buying land for a downtown park. There could be funding for a long-term plan for all the public parks. There could also be funding to help people make conversions to address climate concerns. Mr. Barnes said a park would be there for everyone while $2,000,000 could help only a few individuals. He said even if the city provided half the cost of a heating pump, people would still hot be able to put food their tables. He did not want to do something that would require additional investment by taxpayers. Mr. Barritt said he didn't want city staff to have to administer a fund for heat pumps, etc. He stressed that there is a list of items that are ready to go. Ms. Emery said most of those are in the CIP. Mr. Barritt said if they get removed from the CIP, so be it. He added the CIP is a plan, and some items in the plan get pushed down. If this money can help, especially if there are matches, let's get them done. A member of the Parks/Recreation Committee said one problem is that they don't have enough money to take care of all that exists. She said she is pleased with what has gone into Market Street. There are a lot of affordable units, and those limit what a developer can spend. She felt some developments should offer ownership. She did like all the connecting bike paths and felt the city should honor what has been done in City Center. Ms. Sirvis stressed the need to pay attention to "today." She said not to do affordable housing or climate change but to do things that will enhance the quality of life today. Kids need places to play today, and seniors need places to walk and sit. Mr. Trombly said there are websites as to how other communities have helped to support child care needs (e.g., capital investment). He urged the Council not to abandon that concern. Ms. Greco spoke to the need for green space in City Center as it is what the public envisioned. She cited the need for a place for people to meet and enjoy each other. During COVID, people went to green spaces and got together outdoors. Now there are just apartment buildings in City Center. She suggested using the ARPA money together with Open Space funds for something everyone can enjoy. Mr. Barritt said the Economic Development Committee is willing to do some work regarding child care, but not if it is going to be dismissed as he has heard tonight. He urged people to keep an open mind. CITY COUNCIL 1 MAY 2023 PAGE 7 Mr. Simoneau asked how many people benefited from the $1,000,000 spent on affordable housing. Ms. Baker said there were 60 new homes from CHT and a total of more than 130. Mr. Simoneau said progress will be incremental in whatever efforts are made. He said that to each of those 130 people, it was "transformational." He also noted that the Parks/Recreation Department serves thousands of people. He also said that all the committees feel that their ideas for use of the ARPA money feel their ideas are transformational. He would like to see their efforts addressed. He stressed that there will be no losers, whatever is decided. Ms. Baker asked what the Council would like her to bring back. Ms. Emery said she would like to know more about staffing, particularly a person to administer the Climate Action Plan and look at leveraging funds. Ms. Riehle was interested in the grid Mr. Barritt had suggested to get an idea of what fund might be accessible to afford or match. Ms. Baker said they have done a little leveraging regarding fund and can continue to explore that. Mr. Barritt said that once they have a spread sheet, they can begin to whittle it down. Regarding City Center, Ms. Baker stressed that thousands of human hours went into what City Center looks like. She urged people to talk of what can be done in the future, not blame. 8. Receive the Quarter 3 Financial Report and provide direction to staff: Ms. Machar said there is now a clear projection of how the city will end the year. She noted that the local option tax income is significantly over the projection, and permit fees are more than double projections. It is also projected that budgeted CIP funds will be spent by the end of the fiscal year. Ms. Machar reminded the Council that last year the surplus was over$1,000,000, and the Council added some of that money to the fund balance and allotted some to projects. This year, the recommendation is to add enough to the fund balance to reach the targeted amount. Other recommendations include adding to the pension plan as they did last year. Staff is also exploring some one-time costs. Ms. Riehle noted that there is always more paving to be done. Mr. Barnes questioned the cost of the rental registry. Chief Locke said they will have that for the next Council meeting. One issue will be space for staff as there is no existing office space CITY COUNCIL 1 MAY 2023 PAGE 8 available, and it is important to have all the inspectors located together. The ultimate cost would be budget neutral; however there will be some heavy up-front costs. 9. Discuss the next steps related to the electric vehicle charging stations at City Hall and consider approving a resolution setting fees for public use: Chief Locke said the existing stations were from a grant which required the city not to charge for the first year. It is now costing the city money for electricity ($5,000 a year), the vendor fee, and the fee for cars that remain in a spot after they are fully charged. Mr. Barritt said Burlington charges 19 cents per kilowatt hour. The resolution is proposing 22 cents. He would like to see them the same. Mr. Barritt also noted that City Market's stations are free. He was OK with 22 cents if that is what it takes to cover the cost. Chief Locke said there is a difference with Burlington because it has its own electric utility. The 22 cents will cover the city's cost. He also noted that there were 88 users last month. Mr. Barritt suggested putting a notice on the machines to indicate that they will no longer be free. Ms. Emery moved to approve the resolution as presented. Mr. Barritt seconded. The motion passed unanimously. 10. Receive a recommendation for the FY24 Policy Priorities and Strategies process and provide direction to staff: Ms. Baker suggested the following changes: a. Review items for the Council to add/remove from the plan in May b. Use the 10 July meeting for the Policy/Strategies discussion. Ms. Emery noted she will not be at that meeting. Ms. Baker will do a poll regarding a change to that date. c. Be more intentional about committee work people 11. Convene as South Burlington Liquor Control Commission to consider the following: Pulcinella's Outside Consumption Permit, Walgreen's (Store#11526)Tobacco License: CITY COUNCIL 1 MAY 2023 PAGE 9 Ms. Emery moved that the Council convene as Liquor Control Commission. Mr. Barnes seconded. Motion passed unanimously. Mr. Barritt moved to approve Pulcinella's Outside Consumption permit and Walgreen's (Store #11526) Tobacco License as presented. Ms. Emery seconded. Motion passed unanimously. 12. Other Business: No other business was brought forth. As there was no further business to come before the Council Ms. Emery moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:40 p.m. Clerk