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HomeMy WebLinkAboutMinutes - City Council - 11/18/2019CITY COUNCIL 18 NOVEMBER 2019 The South Burlington City Council held a regular meeting on Monday, 18 November 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman Also Present: T. Hubbard, Deputy City Manager; A. Lafferty, City Attorney; B. Lambeck, Counsel for the City; T.Horgan, Attorney for SBPOA; D. Boyer, President, SBPOA; E. Schait Chief S. Burke, Police Department; Chief T. Francis, Fire Department; P. Conner, Director of Planning & Zoning; I. Blanchard, Project Manager; J. Rabidoux, Public Works Director; H. Rees, Recreation Director; A. Parker, M. Machar, L. Bresee, Energy Project Manager; J. Hawkes-Hilke, B. Keeton, R. Greco, B. Sirvis, M. Mittag, D. Crawford, J. Kochman, L. Waters, D. Murdoch, M. Ostby, A. Strong, T. Karnedy, D. Balcom, E. Portman, J. Stern 1. Instructions on exiting building in case of emergency: Mr. Hubbard provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Mr. Hubbard asked to add an update on the Kimball Avenue Bridge as item 8A. Ms. Riehle asked to add an item to Other Business related to a letter received from a business owner. 3. Comments and Questions from the public not related to the agenda: Ms. Waters addressed the Council regarding the Burlington proposal for Higher Ground. She noted the traffic study submitted on 14 October had a “lot of holes” in it and ignored Central Avenue. The City of Burlington is now going to hire its own traffic expert. Ms. Waters gave members a copy of the Burton site plan and noted that part of a proposed new curb cut is actually in the City of South Burlington. She told this to Burlington people who were “surprised.” Burlington has been planning for an administrative approval which would eliminate public input; however, the South Burlington property may require changing that plan. Ms. Waters also noted that an Act 250 person said they would “take a longer look” at the project. Ms. Emery asked how South Burlington can weigh in on this. Mr. Hubbard said the city can weigh in on anything that goes into South Burlington. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Hubbard: Thanked Brett Leonard for putting together the Veterans Memorial Event and thanked Ms. Emery for her participation. CITY COUNCIL 18 NOVEMBER 2019 PAGE 2 Also thanked Allard Square for hosting the ceremony preceding the ribbon cutting for the opening of Market Street and the ground-breaking for the new City Hall-Library- Senior Center. There are currently 3 vacancies on the Natural Resources Committee. There may need to be an advertisement for new members. 5. Consent Agenda: A. Approve and Sign Disbursement B. Approve Minutes for 7 and 28 October 2019 C. Authorize City Manager to Execute the 2019 VTrans Bicycle & Pedestrian Program Grant Agreement for the shared use path along the southern end of Dorset Street Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Presentation by Jens Hawkins-Hilke of the Community Wildlife Program of the VT Fish & Wildlife Department and Bill Keeton of the University of Vermont on natural resources related issues: Mr. Hawkins-Hilke noted that he provides technical assistance throughout the state. In South Burlington, he has worked with the Natural Resources Committee, Planning Commission, Planning Department, and the South Burlington Land Trust. Mr. Hawkins-Hilke then focused on the importance of forest blocks within the city and noted that even the small forest blocks have a lot going on in them. The most important blocks are closest to water. He then showed a map of the Stowe “connected forest blocks” of the past and second map of what development has done. There are still trees, but not a forest anymore, and there is no longer a north-south connection. Though they have gained trees, they have lost forest. Mr. Hawkins-Hilke then addressed riparian habitat which allows for wildlife movement. He showed a map of the aquatic/riparian network and noted that wetlands are all “hotspots” of bio diversity. He also noted that what were originally 100-year floods are now coming about every 10 years. Ms. Greco asked whether “buffers” are too small and should be expanded. Mr. Hawkins-Hilke said this is a “balancing act,” trying to balance a lot of values. Ecologically, the buffers are not significant, but the city has to determine whether they meet other values. CITY COUNCIL 18 NOVEMBER 2019 PAGE 3 Mr. Keeton then cited the importance of public/private partnerships and the need to “think big.” He said that forests provide habitat, flood resilience, bank stability, run-off control, localized pollination services, open space/recreation, and more. He also cited forest and stream interaction and its benefits. Mr. Keeton noted that the Potash Brook Watershed is already severely impaired. He said that conversion of forest blocks to development runs counter to water quality and lake restoration goals. He cited the significance of flood resilience in a changing climate. Mr. Keeton’s area of specialization is “carbon dynamics.” He said that by conserving forest land, you can conserve carbon to keep it out of the air as a greenhouse gas. He said that as South Burlington’s forests age, they could absorb more and more carbon storage. Mr. Keeton also noted that Chittenden County’s gas emissions are very high as people drive a lot and there is dispersed housing. The need is to rely on natural vegetation to offset the emissions, and that gap will increase if there is more development. This is a concern throughout New England. About 12,000 acres of forest cover are being lost each year due to rural sprawl. This creates a cumulative effect and is likely to continue. Chittenden County is one of the hot spots for this. Mr. Keeton said that a bold vision for the future would protect 70% of landscape, which will require tripling the rate of conservation. He said that multiple stressors produce a vulnerable landscape and make us more vulnerable to climate change. Mr. Barritt asked about the potential for land for dairy farming being returned to natural forest and whether that would be enough to make a difference. Mr. Keeton said he would never recommend converting agricultural land to forest. There is a benefit to well managed agricultural land. Ms. Emery asked about small pockets of development vs. larger ones. Mr. Keeton said the more compact the development the better, both large and small. Mr. Keeton also cited the importance of transportation and the need for good transportation patterns. CITY COUNCIL 18 NOVEMBER 2019 PAGE 4 7. Presentations from Department Manager on the Capital Improvement Plan (CIP): Mr. Hubbard said tonight’s presentation is a general overview of what is being proposed and a possible time plan to craft this into the 2021 budget. No action will be taken tonight, and the proposal will be on the website for public viewing. Ms. Mahar noted that the public hearing on the CIP will be on 16 December at 8:30 p.m. She noted that the CIP has been increased this year by $738,000. Road projects have been removed from the plan because they now have their own funding source. Public Art has also been moved to the administrative CIP from the City Center CIP. Bond obligations include: the Public Works Facility, Fire Station improvements, Kennedy Drive, Lime Kiln Bridge. Ms. Blanchard then reviewed the City Center portion of the CIP. She identified the different funding sources and how they are used. TIF proceeds are the largest expenditure. The General Fund funds the reserve fund on an annual basis, and there is also reliance on grants from federal sources. Ms. Blanchard then showed an overview of projects. She noted that Market Street is now completed and is no longer on the list. The bulk of the new City Hall/Library/Senior Center will be completed in 2021. Other projects include Garden Street, Williston Road Streetscape, and the Pedestrian/Bicycle Bridge at Exit 14. Ms. Blanchard also noted “place holder” expenditures (e.g., a parking garage). The Indoor Recreation Facility shows a “ballpark number.” The Performing Arts Center is also a “place holder.” Mr. Chittenden said he would like to have citizen input on the Performing Arts Center. Mr. Hubbard stressed that this is just a place holder, and the vote on the CIP will be only for 2021 projects. Ms. Riehle added that all City Center debt must be incurred by March, 2022, so projects will need to be thought out within the next year or so in order to draw down the TIF. Ms. Emery asked when Williston Rd. between Midas Drive and Hinesburg Rd. will get done. Ms. Blanchard said FY21-22. It has been scoped by CCRPC. Ms. Blanchard also noted that Garden Street is 100% TIF eligible as is the section from Midas Drive to Dorset Street. Department Heads then made their presentations as follows: Recreation Department: Ms. Rees said there are more projects outlined than in the past. These include: CITY COUNCIL 18 NOVEMBER 2019 PAGE 5 a. South Village soccer field – ready to start in 2021 b. Overlook Park upgrades (100% covered by impact fees) c. Jaycee Park Neighborhood Facility (FY2024, involving a public process) d. Bleacher Replacement – 2021 (current bleachers are no longer safe) e. Jaycee Park improvements f. Szymanski Park upgrades (funded by the General Fund) g. Farrell Park Playground (a place holder with nothing immanent) h. Red Rocks Park (nothing for 2021 but every year is a challenge, especially plumbing i. Wheeler House – 2021 roof replacement, approximately $120,000 j. Irrigation System upgrades (a few years out) k. Re-crowning of athletic fields (a few years out) l. Baseball dugouts replacements- one set replaced in 2021 m. Veterans Memorial Park upgrade – 2022; rebuilding of basketball court in 2021 n. Park System Master Plan – 2022 o. Fleet Replacement – 2021 a truck and a bus p. Dog Park amenities - $50,000 in 2021 Open Space Projects: Ms. Parker noted that $282,854 has been spent from the Open Space Fund to date. There is a balance remaining of $842,135. A consultant has been hired to help train people to maintain the city’s parks. That will continue next year. A trail assessment was done a Red Rocks, and they have to look at stormwater needs as well (a consultant has been hired for this). The hope is to have some work done next year. There is an assessment of trails being done at Wheeler Nature Park, and UVM is working on some interpretive signs. The designing of Phase I at Underwood will begin next year with engineering designs. The shared use paths will be partly funded by impact fees and the “Penny for Parks.” Ms. Parker then reviewed the list of projects as follows: a. Williston Road Crosswalk locations (being scoped) b. Allen Road shared use path (complete the gap in the path; almost at final design) c. South Dorset Street shared use path (funded by a grant) CITY COUNCIL 18 NOVEMBER 2019 PAGE 6 Fire Department: Chief Francis said they will continue work on Station 2, finishing the second floor with a new bathroom. There is an expenditure of $10,000 to look at getting testing equipment for CO2. The hope is to add grant money to that. Looking forward, there will be a need to replace the aerial truck in 2025-6 at a cost of about $1,300,000. Police Department: Chief Burke said the city is still paying the bond for the Police Station. In 2021, there is the replacement of a vehicle, and they are looking at hybrid technology. There is also a place holder for building stewardship as they are beginning to see some mechanical failures (e.g. video cameras). Computerization is a “monster” at the Department. Energy Project Manager: Mr. Bresee said facility stewardship is mainly a place holder. Other projects include Adaptive Signal Control on Dorset Street (a 3-year program) and the purchase of a Sewer Outfall Turbine. The latter is budgeted at $100,000 in 2021, and they are looking at how this might be funded. This is a project to “make energy,” and would provide about 20% of the sewer plant energy and thus pay for itself. Mr. Bresee noted that 2/3 of the city’s energy expenditure is for the 2 sewer treatment plants. Public Works Department: Mr. Rabidoux reminded the public that the winter parking ban goes into effect on 1 December. The Kimball Avenue Bridge is closed due to storm damage. An emergency relief declaration means that there will be 100% federal/state funding to get the temporary bridge back into service. Work is continuing on the design for a permanent bridge. The State is allowing the city’s purchasing policy to stand. It is an unusual process, and there are a lot of unknowns. The state has also authorized the city’s emergency provisions. A “design-build” process will be used. The contractor is from Williston, the same contractor who helped install the temporary bridge. Any costs not covered by the emergency funding will be split half and half with Williston. The expectation is that they will be on-site in early December. Mr. Hubbard acknowledged the patience of people using that road under these trying conditions. Mr. Rabidoux then outlined projects in the CIP as follows: a. Increase in paving (Dorset Street continuation, which is very expensive) b. Fleet replacement c. Garage Expansion (2nd year of the project) d. Fueling system replacement (the underground storage tank is coming up for replacement) CITY COUNCIL 18 NOVEMBER 2019 PAGE 7 e. Removal of ash trees (about 100 a year) and replacement with a diverse pallet of trees). Wastewater Department: Mr. Rabidoux outlined projects as follows: a. Fleet replacement b. Airport Parkway Outfall c. Bartlett Bay upgrade (heading toward major work) d. Pump station projects Stormwater Department: Mr. Rabidoux noted they are almost at containment in Bartlett Brook and have met the environmental goals. There are some projects which won’t have to be done. He then outlined the 2 projects in the CIP: a. Fleet replacement b. Stormwater projects Water Department: Mr. Rabidoux said they are continuing the meter replacements (which pay for themselves). There is a project behind UMall to connect parts of the city’s system as well a replacement of the Dorset Street line that failed. 8. Set Public Hearing Date to Consider Amendments to the CIP: Members agreed to a special meeting on 11 December at 7 p.m. for consideration of the CIP. The public hearing would be on 16 December. Ms. Emery moved to warn a public hearing on the CIP for 16 December 2019. Mr. Barritt seconded. Motion passed unanimously. 9. Consider and possibly take action on the reduction or elimination of planning and zoning fees for affordable housing: Mr. Conner said there are about 10-20 affordable units a year. The only ones that would be eligible for elimination of the fees would be those under inclusionary zoning. This would result in waiving $800 of the $6,000 in fees. CITY COUNCIL 18 NOVEMBER 2019 PAGE 8 Ms. Emery said she got an email from the O’Briens suggesting a different code for landscaping requirements in addition to fees. They also noted the financial impediment of front-facing garages. Mr. Conner said there are issues of ledge involved, but a whole street of garages is not nice to look at. There is also a market demand for large backyards, which is a challenge. Mr. Barritt said he would like time to consider the fee reduction. Members agreed to hold off on a decision. Ms. Greco said she was concerned that if the developers don’t pay the fees, it will be the public taxpayers who have to pay them. Mr. Conner noted that State law requires that a community must provide incentives along with inclusionary zoning. 10. Report from the South Burlington Land Trust on a proposal to increase money for open space purchases: Ms. Ryder reviewed the history of the Open Space Fund including the 2010 public approval to use the funds for maintenance of open space land and the 2016 approval to borrow money for enhancement projects. She cited the need for the city to be in a position to purchase open land. Mr. Strong then explained the economic benefits of conserved lands and said that $1.00 spent bring a return of $4.00-$11.00. He said the city sees at return of $180 a year per acre of open land. He also noted the savings to Middlebury in “avoided costs” of possibly $2,000,000,000 during the Irene storm. Mr. Murdoch then focused on the “tools” for conservation including donation of land by owners, restriction of land use, and the selling of land to the municipality. Ms. Greco said the Interim Zoning Open Space Committee has identified about 1000 acres of land to be conserved. This would cost about $10,000,000 and would take about 70 years to be completed. During that time, most of that land would no longer be available for conservation. The Land Trust is thus proposing an increase of 2 cents more to the Open Space fund for a few years. Mr. Barritt noted that the city voters are facing a $200,000,000 school bond, and there are other competing needs. CITY COUNCIL 18 NOVEMBER 2019 PAGE 9 Mr. Kaufman said this would be a priority for him. Mr. Chittenden said he generally favors conservation by acquisition rather than through the Land Development Regulations. Ms. Riehle felt it makes sense and she supports it, but she is also concerned with the impact of the school proposal. Mr. Barritt expressed concern with the city moving into the highest tax range. Mr. Albrecht felt that purchase and/or donation were the better way. He was, however, concerned that the city has purchased 5 parcels with Open Space Fund money, and virtually nothing has been done to make these lands available to the public for enjoyment. He said he would be more confident in paying more into the fund if he could see some progress on the amenity side. 11. Possible interviews the applicants for the open seat on the Development Review Board: The Council interviewed the following applicants: a. Tonia Karnedy b. Donald R. Balcom c. Elissa Portman d. John A. Stern 12. Reports from Councilors on Committee Assignments: Ms. Emery: The Open Space IZ Committee has identified 25 parcels and is now writing its report. Ms. Riehle: South Burlington and Winooski have submitted desired amendments to the MOU proposed by the City of Burlington. There will be a meeting in early December to work this out. CITY COUNCIL 28 NOVEMBER 2019 PAGE 10 13. Convene as South Burlington Liquor Control Commission to consider the following: a. Bliss Bee – 1st Class Restaurant/Bar License Ms. Emery moved the Council convene as Liquor Control Board. Mr. Barritt seconded. Motion passed unanimously. Mr. Kaufman moved to approve the First Class Restaurant/Bar License of Bliss Bee as presented. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to reconvene as City Council. Mr. Chittenden seconded. Motion passed unanimously. 14. Council review and possible action on recommendations from the Vermont Attorney General related to the so-called opioid class action: No action was taken by the Council. 15. Other Business: Ms. Riehle said the issue raised by the citizen will be put on the agenda. Members agreed to hold a special meeting on 13 January for the budget item as Ms. Emery will not be available for the regular meeting on 6 January. 16. Possible Executive Session to receive advice from Legal Counsel on matters related to a potential change of use application in the City of Burlington and to discuss applications for the Development Review Board: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of the confidential attorney-client communications and other discussions related to a potential change of use application in the City of Burlington, made for the purpose of providing professional legal services to the Council, would clearly place the Council and the City at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved that the Council enter into executive session for the purpose of considering confidential attorney-client communications and other discussions related to a CITY COUNCIL 18 NOVEMBER 2019 PAGE 11 potential change of use application in the City of Burlington, made for the purpose of providing professional legal services to the Council and inviting Mr. Hubbard and Ms. Lafferty into the session. Ms. Emery seconded. Motion passed unanimously. The Council entered executive session and 10:45 p.m. and resumed open session at 11:00 p.m. 17. Possible action on an appointment to the Development Review Board: Ms. Emery moved to appoint Elissa Portman to the Development Review Board. Mr. Barritt seconded. Motion passed unanimously. 18. Possible executive Session to receive advice from Legal Counsel on matters related o a Step 3 Grievance: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of confidential attorney-client communications and other discussions related to a Step3 Grievance and the Council’s hearing thereon, made for the purpose of providing professional legal services to the Council, would clearly place the Council and the City at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved that having so found the Council enter into executive session for the purpose of considering confidential attorney-client communications and other discussions related to a Step 3 Grievance and the Council’s hearing thereon, made for the purpose of providing professional legal services to the Council and to invite into the executive session Bernard Lambek, Esq. Ms. Emery seconded. Motion passed unanimously. The Council entered executive session at 11:05 p.m. and resumed open session at 11:20 pm. 19. Step 3 Grievance Hearing: Members then discussed the Step 3 Grievance with Mr. Horgan, Attorney for the South Burlington Police Officers Association, Mr. Boyer, President of the Association, Mr. Lambeck, Counsel for the City, City Attorney Lafferty, and Mr. Schait. There was no disagreement as to fact, and the discussion was closed with no action taken. A written decision will be issued by the Council. CITY COUNCIL 18 NOVEMBER 2019 PAGE 12 As there was no further business to come before the Council, Mr. Kaufman moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 12:10 p.m.