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HomeMy WebLinkAboutMinutes - City Council - 05/15/2023 CITY COUNCIL 15 MAY 2023 The South Burlington City Council held a regular meeting on Monday, 15 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; Chief S. Locke, Deputy City Manager; D. Kinville, City Clerk; C. McNeil, City Attorney; Chief S. Burke, Police Department; P. Conner, Director of Planning & Zoning; M. Machar, Finance Director;T. DiPietro, Public Works Director; E. Quallen, Capital Projects Director; H. Rees, Recreation Director; D. Brayton, HR Director; B. Sirvis, M. Mittag, D. Leban, L. Smith, R. Greco, G. Silverstein, D. Peters, M. Simoneau, S. Dooley, C. Trombly, P. Rowen,J. Belevance 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: Mr. Smith urged the Council to have the City Attorney present the strongest possible case to the Court in the Burton hearing. He cited the impacts to the neighborhood and the fact that Burton has refused to accept any responsibility for whatever happens off their property. Mr. Smith cited potential damage to the residential neighborhood and to Red Rocks Park serious traffic concerns. He noted that in their previous location, the club had over 100 incidents when they were a much smaller venue. He urged the city to protect its residents and resources. Members agreed to discuss this issue in an executive session. Ms. Emery moved to add attorney-client privileged conversation to the Executive Session. Mr. Barritt seconded. Motion passed unanimously. Ms. Greco addressed the Council regarding the ash tree threat. She noted that the ash bore has been found in South Burlington in the Dynapower parking lot. She said the city is running CITY COUNCIL 15 MAY 2023 PAGE 2 out of time to treat healthy trees so they will not have to be destroyed. She urged the Council to action quickly. 4. Announcements and City Manager's Report: Council members reported on meetings and events that had attended. Ms. Baker: There are 36 committee positions open. The City Council Policies Retreat will be held on 26 June from 4-8 p.m. The Kennedy Drive stormwater pond work began this week. The Recreation Department is adding many new summer programs. The second City Charter Committee public forum will be held on 25 May from 7 to 9 p.m. in Conference Room 301. The next City Hall art exhibit will feature art work of South Burlington students. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve purchase of a fire engine and ambulance as outlined c. Award contract for TIF appraisers d. Award Lead Service Line Inventory(LSLI) contract and approval to submit a loan application to the Vermont Drinking Water State Revolving Fund e. Award of FY24 Annual Paving Program contract to Pike Industries f. Award construction contract for replacement of Main Line Gate Valves on Shelburne Road g. Approve grant application for a VTrans Municipal Roads Grants-in-Aid Program to implement best management practices in accordance with the Vermont Department of Environmental Conservation Municipal Roads general Permit h. Receive the FY24 April Financials i. Approve a Natural Resources and Conservation Committee request to provide a letter of support for a Vermont Invasive Species Management Day j. Approve the submittal of a Northern Borders Regional Commission Catalyst Program Grant Application for the water storage tank project with Tom CITY COUNCIL 15 MAY 2023 PAGE 3 DePietro named as the primary contact and Jessie Baker named as the Authorized Official k. Approve "Addendum to Maintenance Agreement"for the public art project located at 222 Dorset Street Ms. Emery asked how often the lead line inventory is done. Mr. DiPietro said this is a new federal requirement. He didn't believe there was a lot of lead in the South Burlington community. It will be mainly a review of documentation of what is in the lines. In the second phase, October 2024, it will go further, and ultimately any lead lines will have to be dug up and replaced. Mr. Barritt asked whether CWD provided treatment to address any lead. Mr. DiPietro said they did. Regarding the paving contract, Mr. Barritt read the names of the streets to be paved. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Approve an offer of appointment and introduce the City's new City Clerk: Ms. Brayton said the city reviewed an excellent pool of candidates and has chosen Holly Rees, currently Recreation Department head, who has accepted the offer. Ms. Rees will begin on 30 May and will serve 20 hours a week in training as City Clerk and 20 hours in the Recreation Department. Ms. Kinville will assist with training through 18 August. Ms. Baker noted that the City Council has the authority to appoint a City Clerk until the March election. Ms. Emery moved to approve the appointment of Holly Rees as City Clerk. Mr. Barritt seconded. Motion passed unanimously. 7. Receive the warrant of unlicensed dogs and cats and provide direction: Ms. Kinville said the Clerk's office works hard every year to be sure all pets are licensed. They send out a lot of reminders. This year there were more registered animals than ever. She then presented the list of those previously licensed that have not been licensed this year, fewer than last year. Ms. Kinville noted that last year a letter was sent to those owners under the Police Department letterhead which had a good result. CITY COUNCIL 15 MAY 2023 PAGE 4 Council members agreed to send out the reminder under the Police Department letterhead. 8. Approve a Resolution Honoring Leslie Black-Plumeau for her Years of Service Volunteering: Ms. Emery read the Resolution honoring Ms. Black-Plumeau. Mr. Barritt moved to approve the Resolution as presented. Ms. Emery seconded. The motion passed unanimously. 9. Public Hearing: Land Development Regulations Amendments#LDR-22-09: Updates to Article 12 Environmental Standards: Mr. Conner noted that this is the amendment the Council approved for public hearing. Staff received no additional feedback. Mr. Barritt moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously. Ms. Riehle asked for public comment. There was no public comment. Mr. Barritt moved to close the public hearing. Ms. Emery seconded. The Motion passed unanimously. 10. Possible Action on Land Development Regulations Amendment#LDR-22-09: Updates to Article 12 Environmental Standards: Mr. Barritt moved to approve Land Development Regulations Amendment#LDR-22-09 as presented. Mr. Chalnick seconded. Motion passed unanimously. 11. Receive an updated Rental Ordinance and implementation plan and provide direction to staff: Chief Locke said the updated Ordinance addresses City Council concerns. The next phase would be to discuss revenue and expenses that would go along with the Ordinance. Currently, the city does not inspect rental properties unless that is a complaint. The existing fees do not cover the cost of the Ordinance. The Council could eliminate the discount or increase the fees. CITY COUNCIL 15 MAY 2023 PAGE 5 Mr. Barritt questioned the $1,000,000 cost and asked how it was arrived at. Chief Locke said there would have to be renovations as 575 Dorset Street to accommodate public accessibility. The "prevention people" would have to be moved. This will be very expensive. Mr. Barnes asked how creative they can be in exploring alternatives. Chief Locke said they can be creative, but anything that is cut diminishes efficiency. Anything that moves away from the standard hurts the overall mission. There can, however, be options as to how to fund this. Mr. Chalnick asked if this could be tied to weatherization. Chief Locke said the short answer is "yes," if the training is provided to the inspectors. Ms. Emery noted a farm where the owner is not living in the farmhouse, but it is rented to other inhabitants. She asked if there can be creative solutions, some kind of waiver, for situations such as this. Mr. McNeil said you can always make exceptions, but that makes the Ordinance more complicated. Ms. Emery also noted that there are people in the area for only a short time. Mr. McNeil said a 6-month lease would be allowed. The landlord would have to register it as a rental. Ms. Baker added that the farm owner could delegate "ownership" to a long-term renter. Mr. Conner noted that "short term" kicks in for fewer than 30 days. Rentals for more than 30 days would not have a challenge. Mr. Chalnick felt that if 6-month rentals were for seasonal workers, the rest of the year should be OK for short-term rentals. Ms. Emery felt the property owners should be South Burlington residents. Chief Locke said it gets very complicated when you put in exceptions. Mr. Barnes expressed concern with adding more costs to owners of low-income properties. He thought the proposed fee structure was very reasonable, but for a non-profit, it could be an issue. He asked if that was considered. Chief Locke said there is no discount for affordable housing. Staff did have a conversation with members of the Affordable Housing Committee who felt there should be a waiver for this. The Chief stressed that the plan doesn't currently pay for itself, and they would have to raise the rates or scrap the program. CITY COUNCIL 15 MAY 2023 PAGE 6 Ms. Riehle said she supports the waiver for the first three years after construction. Ms. Emery liked the discount for buildings with more than 4 units. Chief Locke suggested coming back with hard numbers regarding the renovation. Mr. Barritt said he could not support $1,000,000. Ms. Baker said if the Council is conceptually on board with covering the cost of operation, let staff work on the renovation. Members were asked if they wanted to look at a reduced fee for affordable housing. Chief Locke said most affordable units are in buildings of more than 4 units, so the discount would already apply. Ms. Sirvis noted that the community where she spends the winter has a permit for short-term rentals which has an $1,800 per unit per year cost. 12. Receive an updated on Regional Dispatch discussions and local system improvements: Chief Burke advised that parallel work is being done as the city is waiting for action on regional dispatch. He then reviewed the history of the regional dispatch effort, noting that work had been proceeding nicely until Colchester dropped out and the financial package fell apart. State money was pulled back as well. The new budget says that the State is responsible for dispatching and will create a group to set up dispatching parameters. Some money may be released to areas that are ready to go. Chief Burke said the concern is that this will slow down all of the city's regional efforts. The State has transferred ownership of transmitting stations. The city will arrange it so there can be 4 dispatch stations. There are communities willing to work with South Burlington as a "mini dispatch" effort. The city can share the same dispatch system as the City of Burlington which will make the work of local dispatchers more efficient. The goal is to have 2 dispatchers on 24/7. Chief Burke emphasized that this is a very stressful job, especially if one is alone in the center at 2 a.m. and a major call comes in. He cited the great work done by dispatchers every day. Ms. Riehle recalled discussion regarding different pay levels. Ms. Baker said all communities face different challenges and needs going into a regional dispatch effort, and trying to set up a system with all of those challenges is very difficult. She felt that what is being proposed is a CITY COUNCIL 15 MAY 2023 PAGE 7 good incremental step. South Burlington's dispatch team is fully staffed, and the aim is to be sure to maintain those excellent services. Chief Locke added that they don't want to go too far too fast and jeopardize the South Burlington system, especially with the growth in calls. The demands on the South Burlington center require 2 full-time people at all times. 13. Receive a status update on Hubbard Park preliminary engineering and next steps: Ms. Baker noted this is a status update of a multi-year project. Ms. Rees reviewed the history and showed a map of the project area. She also reviewed the City Council involvement including the leasing of 4 acres to Common Roots in 2020. Ms. Rees noted that the 2015 vision concept included gardens, agriculture, access and parking, stormwater amenities, and walking trails. The vision also included a structure that could be a focal point for activities. The 2018 Master Plan focuses on 6 acres and includes gardens and leased land for agriculture, a mowed area for picnic tables and passive recreation, a potential tree house, an area for flying kites or throwing a ball, an event facility, support facilities (e.g., parking), and stormwater facilities/natural resources. Ms. Quallen then reviewed the bike/ped infrastructure which is a key part of the bike/ped network. She showed a map of the path network including a gap in the path. The current design phase includes a 10-foot shared use path, improved parking lot with minimum lighting, a viewing area with a stone wall, seating and shade trees, the potential for a public art installation, and stormwater treatment areas. Ms. Quallen showed a map of the current design including the location for public art and hedges to shield homes from car lights. Funding for the projects includes money from Pennies for Paths. The preliminary construction cost estimate is$611,195 which includes a contingency. The next steps include a DRB hearing in late summer, finalizing permitting in the fall, and construction in the spring of 2024. Mr. Chalnick said the design is moving in a good direction, but he felt it was overbuilding to put the path through the middle of the property. He didn't like the viewing area. He did not see the sense in paving the path and felt it would degrade the area. He would prefer to use that money for trees to improve the natural state of the area. He said the path is very dry. CITY COUNCIL 15 MAY 2023 PAGE 8 Mr. Barritt asked whether the goal is to connect the path to North Jefferson. Ms. Quallen said it is. Mr. Barritt felt that connectivity is great and noted that the path is often very wet, especially in the spring and fall. You have to walk into the deep grass to get around it. He thought that a stone dust path would work. He wasn't sure about paving. He also noted that the proposed viewing area has one of the most sweeping views he's ever seen. Ms. Emery noted receipt of a letter from the South Burlington Land Trust and also one from the Bike/Ped Committee. She thought both points of view are valid. She cautioned care as to what chemicals get into the soil. She saw the value to getting cars off Spear Street and getting bikers onto a safe path off the road. She agreed that the area is often wet. She also cited the need to think about where people should be attracted to and noted that the event destination (e.g. weddings) could be a money-maker for the city. Mr. Barnes agreed with Ms. Emery and cited the challenge of convincing people to bike to work. He noted that the number of bikers who ride on roads is dropping every year because it is not safe. He advocated for the design as proposed and said paving is the best option for safety and minimizing maintenance for the city. Ms. Emery noted that fine stone has held up very well in Chicago, and Mr. Barritt said it has worked well where it is now. Mr. Chalnick suggested moving the path so it is not through the middle of the property degrading the meadow. He suggested putting it at the foot of the meadow. Mr. Barritt said it is not just a bike path; it is a path to get to other parts of the site. He stressed that the only place that is ADA compliant now is the parking lot, and people need to get onto the property. Mr. Mittag asked for a less invasive path to maintain the value of open space and preserved habitat. He said Hubbard is one of the most valuable habitat areas. With regard to the bridge over the wetland, he noted that private citizens are not allowed to do this, so the city shouldn't do it either. He also opposed the paved path and said it is inconsistent with the city's objectives and gives rise to stormwater management. The new city plan opposes converting natural areas to public parks. He opposed increasing parking and said that impervious areas should not be added to natural areas. He suggested using the budget to reconfigure the bike path on the west side of Spear Street. CITY COUNCIL 15 MAY 2023 PAGE 9 Ms. Greco agreed with Mr. Mittag. She read from the vision report for this parcel which describes it as the "most significant natural area in the Southeast Quadrant." She didn't see the need for artwork to block views. Ms. Belevance also spoke against adding move impervious to the area and urged an impervious bike path. She felt 30 parking spaces was excessive and that the existing 15 also seemed a lot. Ms. Sirvis was concerned that there has been no mention of pedestrians. She said cyclists are rude, and it is dangerous for pedestrians to walk on the paths. She urged the Council to consider an alternative that protects those who walk. Ms. Leban felt the Bike/Ped Committee was not well represented at this meeting. She said they have been working for 20 years to create a safe off-road path network for all users. She felt that any hardened surface that won't degrade with rainstorms would be fine. She noted that crushed stone is not used for driveways because it degrades and the stone winds up in the road. The path needs to be hardened so it will last. Ms. Leban stressed that Spear Street will not be a safe road for children or for less competent users and noted that she herself does not use it. She agreed that more parking is not needed. Another audience member felt it would be devastating to see that land built on. 14. Discuss the FY23 Social Services appropriations: Ms. Machar asked whether the Council wanted to make changes to what has been done in the past 2 years. Ms. Riehle noted that the recommendation is to level fund what has been done, and she would be fine with that. Mr. Barritt questioned whether with inflation they should go from $15,000 to $20,000. He suggested adding$1000 to each appropriation. Members agreed to pay this out now and have a later discussion of possibly adding more. 15. Receive the FY23 Policy Priorities and Strategies report#3: Ms. Baker said this item can be discussed further at the retreat. CITY COUNCIL 15 MAY 2023 PAGE 10 16. Convene as South Burlington Liquor Control Commission to consider the following: Aviation Deli & Fine Foods, LLC,Tobacco License; Higher Ground,Third Class Club; Hudson "CAN,"Tobacco License: Ms. Emery moved that the Council convene as Liquor Control Commission. Mr. Barritt seconded. Motion passed unanimously. Mr. Barritt moved to approve the three licenses as presented. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 17. Other Business: Mr. Barritt asked for a discussion of the money set aside for the field at South Village. Ms. Baker said there is a challenge with a soccer field because of the size. Staff will return when there is more information. 18. Consider entering a possible executive session to consider pending litigation: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of a discussion of pending civil litigation, to which the City is a party, would clearly place the City at a substantial disadvantage. Ms. Emery seconded. The motion passed unanimously. Mr. Barritt then moved that the Council enter into executive session for the purpose of discussing pending civil litigation to which the City is a party, inviting Ms. Baker and Mr. McNeil to the session. Ms. Emery seconded. Motion passed unanimously. The Council entered executive session at 10:10 p.m. Following the Executive 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 11:05 p.m. ria''A---Z-""d"—, Clerk