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HomeMy WebLinkAboutAgenda - City Council - 07/20/2020AGENDA SOUTH BURLINGTON CITY COUNCIL IMPORTANT: This will be a fully electronic meeting, consistent with recently-passed legislation. Presenters and members of the public are invited to participate either by interactive online meeting or by telephone. There will be no physical site at which to attend the meeting. Participation Options: Interactive Online Meeting (audio & video): https://global.gotomeeting.com/join/593862485 By Telephone (audio only): (571) 317-3122, Access Code 593-862-485 Regular Session 5:00 P.M. Monday, July 20, 2020 1.Agenda Review: Additions, deletions or changes in order of agenda items. (5:00 – 5:01 PM) 2.Possible Executive Session to discuss pending or probable civil litigation to which the publicbody may be a party and confidential attorney-client communications made for the purposeof providing professional legal services to Council. (5:01 – 6:00 PM) COUNCIL MEETING GOES INTO RECESS (6:00 PM) CONVENING OF THE SOUTH BURLINGTON STEERING COMMITTEE (See separately posted agenda) COUNCIL RECONVENES REGULAR SESSION (7:00 PM) 3.Comments and questions from the public not related to the agenda. (7:00 – 7:10 PM) 4.Announcements and City Manager’s Report. (7:10 – 7:20 PM) 5.Consent Agenda: (7:20 – 7:25 PM) A.*** Consider and Sign DisbursementsB.*** Approve minutes for June 8th and 15thC.***Affirm committee appointments based upon discussions held in executive sessionon July 6, 2020. 6.***Approve bid for Dorset Street paving contract – Adam Cate, DPW (7:25 – 7:40 PM) 7.***Presentation on proposed traffic calming measures for Midland Avenue – Paul Conner(7:40 – 7:50 PM) 8.***Council acceptance of the IZ Open Space Committee report and consideration andpossible approval of a letter formally accepting the report– Paul Conner, Andrew Bolduc(7:50 – 8:20 PM) 9.Council consideration and possible approval of an agreement related to an application forChange of Use pending before the Burlington Development Review Board – Colin McNeil,Counsel for the City Council (8:20 – 8:50 PM) 10. ***Continued Interim Zoning application #IZ-20-01 public hearing seeking a Jurisdictional Opinion for the re-subdivision of three parcels totaling 3.65 acres and for the development up to 15 dwelling units in buildings containing no more than four (4) dwelling units per building for the “Park Road” phase of a previously-approved Master Plan for a 450-acre golf course and 354-unit residential development, 1170 and 1180 Dorset Street. – Paul Conner – (8:50 – 9:05 PM) 11. Interview and possibly appoint an applicant to the Bike & Ped Committee (9:05 – 9:10 PM) 12. Set property tax rates and tax installment due dates for Fiscal Year 2021 – Tom Hubbard. (9:10 – 9:20 PM) 13. Reports from Councilors on Committee assignments (9:20 – 9:30 PM) 14. Other business (9:30 – 9:40 PM) 15. Adjourn (9:40 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included South Burlington Water Dept. Accounts Payable Check Register Date: 07/21/20 Date Check No. Paid To Memo Amount Paid 7/21/2020 4095 Aldrich & Elliott, PC 2,448.00 Date Voucher Number Reference Voucher Total Amount Paid 7/1/2020 VI-15124 79178 2,448.00 2,448.00 7/21/2020 4096 All Seasons Excavating 9,263.85 Date Voucher Number Reference Voucher Total Amount Paid 6/10/2020 VI-15116 30392 9,263.85 9,263.85 7/21/2020 4097 Champlain Water District 52,173.80 Date Voucher Number Reference Voucher Total Amount Paid 6/30/2020 VI-15119 SBWD-363 52,173.80 52,173.80 7/21/2020 4098 Champlain Water District 136,914.59 Date Voucher Number Reference Voucher Total Amount Paid 6/30/2020 VI-15120 SBWD-356 267.29 267.29 6/30/2020 VI-15121 MAY CORRECTION -5,807.16 -5,807.16 6/30/2020 VI-15122 JUNE CONSUMPTION 142,454.46 142,454.46 7/21/2020 4099 Office Essentials 548.50 Date Voucher Number Reference Voucher Total Amount Paid 7/14/2020 VI-15125 37127 548.50 548.50 7/21/2020 4100 City Of South Burlington 345,784.14 Date Voucher Number Reference Voucher Total Amount Paid 7/2/2020 VI-15118 JUNE SEWER 345,784.14 345,784.14 7/21/2020 4101 City Of South Burlington 205,714.22 Date Voucher Number Reference Voucher Total Amount Paid 7/2/2020 VI-15117 JUNE STORMWATER 205,714.22 205,714.22 7/21/2020 4102 Ti-Sales Inc. 985.19 Date Voucher Number Reference Voucher Total Amount Paid 7/2/2020 VI-15123 INV0119730 985.19 985.19 Printed: July 15, 2020 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 07/21/20 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 753,832.29 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: July 15, 2020 Page 2 of 2 CITY COUNCIL 8 JUNE 2020 The South Burlington City Council held a special meeting on Monday, 8 June 2020 at 6 p.m., via remote technology. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; P. Conner, Director of Planning & Zoning; J. Murray, Librarian; P. Leduc, P. Tompkins, D. Bugbee, S. Take, M. Larkspur, D. Bates, R. Acland, J. Leas, kB. Sirvis, M. Clark, S. Dooley, R. Gonda, J. Rankin 1. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 2. Comments and Questions from the public not related to the Agenda: Ms. Take read a statement in response to the murder of George Floyd and asked people to sign on to the Resolution 3. Consider and possibly approve a resolution related to the murder of George Floyd in Minneapolis, Minnesota, and the protests and violence that has occurred in the aftermath: Mr. Barritt read the proposed resolution. He also noted that the Burlington Police and Mayor have been working on a change of policy. Mr. Dorn added that it also looks like the State is working on changes in policy as well. Mr. Barritt noted that Police Chief Burke has posted a long statement regarding his sympathies and stating how the South Burlington Police Department functions. Mr. Kaufman suggested possibly saying “people of color” instead of “black and brown” people to provide a wider scope. He also suggested that the sentence in the second “Resolved” read in part: “…seeking equality and justice,” instead of only “justice.” Ms. Larkspur spoke in favor of maintaining “black and brown” instead of generalizing because it is specific violence against black people that is the issue. Ms. Emery suggested adding “…live in freedom” to the second “Resolved” as well. Members agreed on “…justice, equality, and the enjoyment of freedom.” SPECIAL CITY COUNCIL 8 JUNE 2020 PAGE 2 Ms. Emery suggested adding something about recruitment, noting that there are white supremacists infiltrating police forces. Ms. Larkspur spoke in support of “defunding” police departments. She noted that the South Burlington budget contains $5,110,000 for the Police Department. She felt the role of the police should be decreased and noted that Minneapolis voted to eliminate its Police Department and go a different route. She also felt South Burlington should be sure the police it does hire haven’t been fired elsewhere for being brutal. Mr. Mittag felt that psychological evaluation of new recruits should be a top priority in recruiting. Mr. Leas spoke of the role of prosecutors who, in many places, support the police and often determine not to prosecute police officers accused of brutality. He felt there should be an “independent special prosecutor” to handle those allegations. Members agreed to add the word “recruitment” to the final “Resolve” along with the word “training.” Ms. Riehle said she was not interested in “defunding” police and felt that citizens would be astounded at that idea. What makes sense is for South Burlington to be the example of how to recruit and operate and train police so what happened in Minneapolis doesn’t happen here. Ms. Emery said she trusts Chief Burke when he says South Burlington’s Police Department has embraced the 21st century police guidelines and are not “warriors” but “guardians.” She did not sense that South Burlington residents had lost confidence in its police. Ms. Riehle noted what has been done to have mental health workers accompany police to help defuse situation of domestic violence, potential suicide, etc. Ms. Take asked to add a statement about police actions during protests. Members felt they wanted to focus on George Floyd’s murder but stressed that the conversation is not over. Mr. Barritt moved to approve the proposed Resolution with the amendments agreed upon. Mr. Chittenden seconded. The motion passed unanimously via a roll call vote. SPECIAL CITY COUNCIL 8 JUNE 2020 PAGE 3 4. Consider and possibly approve a resolution related to asking the City of Burlington/Burlington International Airport to apply for grant funding to support active noise monitoring at the Airport consistent with the Noise Compatibility Program: Ms. Riehle advised that at a press conference which she, Mayors Lott of Winooski and Weinberger of Burlington, and Airport Manager Gene Richard were a part of, Mr. Richard said that last week the Airport did submit an application for 100% noise monitoring from the FAA. Mr. Richards also sent a strongly worded letter to the National Guard and the U. S. Air Force should implement this monitoring at our Airport. The proposal is for 20 monitors spread throughout Burlington, South Burlington, and Winooski with funding for 5 years. Ms. Emery showed the proposed resolution and felt it should still be passed to boost the grant proposal. Mr. Chittenden moved to pass the resolution related to grant funding in support of active noise monitoring at the Airport as presented. Mr. Kaufman seconded. Motion passed unanimously via a roll call vote. 5. Consider and possible approve a resolution related to the wearing of face coverings in public locations in South Burlington: Mr. Chittenden noted that the resolution is similar to one passed in Montpelier and enumerates appropriate exemptions (e.g., children under age 2, people eating in restaurants, etc.). He also noted that the words “city of Montpelier” in the first line needs to be changed to “City of South Burlington.” Mr. Kaufman said it is important to do this right away and cited instances where he saw people without face coverings in public locations. Ms. Riehle suggested changing the work “shall” to “must” in the same first sentence. Mr. Gonda said it was important to fully support the resolution. He noted that at a store with a sign indicating that people would not be served unless they wore masks, he saw this sign being ignored. When he asked why, he was told “that sign is from corporate and we can’t require it here.” He felt people are getting “careless” about taking precautions. SPECIAL CITY COUNCIL 8 JUNE 2020 PAGE 4 Mr. Dorn asked about enforcement expectations. Ms. Riehle said she didn’t have enforcement expectations; this is just a very strong statement from the City Council that it is important for businesses to require masks. Mr. Mittag suggested the SBBA be approached regarding enforcement. Mr. Kaufman moved to approve the resolution related to the wearing of face coverings in public locations in South Burlington with the 2 amendments noted in the discussion. Mr. Chittenden seconded. The motion passed unanimously via a roll call vote. 6. Consider and possibly approve a resolution by the Vermont League of Cities and Towns calling on Congress to allocate fair and direct federal support to all of America’s communities, regardless of population size: Mr. Dorn noted that VLCT is asking all of Vermont’s community legislative bodies to support this resolution. Mr. Chittenden moved to approve the Vermont League of Cities and Towns resolution asking Congress to allocate fair and direct federal support of all of America’s communities, regardless of population size. Mr. Kaufman seconded. Motion passed unanimously via a roll call vote. 7. Consider and possibly approve a name for the city building to be located at 180 Market Street: Ms. Riehle noted receipt of a number of suggestions from the public. Mr. Barritt asked how much space there is for a name. Mr. Dorn said there is enough roof for City Hall and Library. Mr. Leduc of the Library Board of Trustees, said the Board wants “South Burlington Public Library” to be part of the name. Mr. Murray noted there would be room inside the building for naming individual uses. Mr. Chittenden then moved to name the building located at 180 Market Street “South Burlington Public Library and City Hall.” Mr. Kaufman seconded. The motion passed unanimously via a roll call vote. SPECIAL CITY COUNCIL 8 JUNE 2020 PAGE 5 Mr. Barritt said he’d like the Council to see the final design of what the name will look like on the building. 8. Consider and possibly endorse the “Raise the Blade” project: Ms. Riehle noted the presentation at the previous Council meeting. Ms. Sirvis said she did some research on the web and found there is concern with leaving grass clippings on lawns, particularly in public places. If there are weeds, leaving the clippings could encourage more growth of weeds. Ms. Riehle asked if city mowers mulch as they mow. Mr. Dorn said they just cut the grass. Mr. Kaufman said he has read that it is good for the grass to leave the cuttings and felt that everything on the web shouldn’t necessarily be believed. Mr. Gonda said it is not necessary to cut at the 3 inch height at all times; it should be done mostly in early spring. He felt city mowers should use their judgment. Mr. Kaufman moved to endorse the “Raise the Blade” project as a participant as presented at the previous City Council meeting. Mr. Chittenden seconded. Motion passed unanimously via a rollcall vote. 9. Update on proposed new date for a vote on the FY21 School Department budget: Mr. Hubbard explained that the School Board will be meeting tomorrow night regarding the setting of a new voting date on the FY21 budget. He noted that this is about the time of year to establish a tax rate and the dates for payment of property tax installments. He suggested waiting to establish the tax rate and dates until the new vote is held. If the vote passes, the city can send out one tax bill and costs can be covered without borrowing. If the vote fails, the city will have to send out a tax bill regardless, and Mr. Hubbard suggested doing this as soon as possible after the vote as they have to allow at least 30 days for payment. In the event of a failure of the vote, the State will provide an interim tax rate (the current FY20 rate). Then, when a new school budget is passed, the city would have to send out a corrected tax bill. Ms. Riehle asked how this will affect installment dates. Mr. Hubbard said the City Council will have to establish the installment dates. SPECIAL CITY COUNCIL 8 JUNE 2020 PAGE 6 Mr. Barritt noted that Ms. Kinville advised that it would cost $40,000 to mail ballots for the school budget vote to all registered voters. He asked who would pay for that. Mr. Hubbard said ultimately it is the taxpayer who pays. For just a school vote, the School District should be required to pay. Superintendent Young is aware of this. Ms. Riehle noted that money in the city budget is very tight at this time. It was noted that there will be a Board of Civil Authority meeting on Thursday evening at which time a decision will be made as to the method of voting on the school budget. 10. Other Business: Mr. Conner said there is good news to report. In an email received from the Vermont Land Trust, the city was informed that 191 acres (Parcel “A”) of the Auclair property was permanently conserved as of today. There will be a press release on this shortly. As there was no further business to come before the Council Mr. Barritt moved to adjourn. Mr. Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 8:02 p.m. Mr. Barritt then moved that the Council meeting in Executive Session to discuss pending or probable litigation to which the public body may be a party and confidential attorney-client communications made for the purpose of providing professional legal services to Council and to discuss negotiating or securing of real estate purchase or lease options, and to invited into the executive session Messrs. Dorn, Hubbard, Conner, and McNeil. Mr. Chittenden seconded. The motion passed unanimously. The Council entered executive session at 8:04 p.m. _________________________________ Clerk CITY COUNCIL 15 JUNE 2020 The South Burlington City Council held a regular meeting on Monday, 15 June 2020, at 6:00 p.m., via Go to Meeting remote technology. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; D. Kinville, City Clerk; A. Lafferty, City Attorney; P. Conner, Director of Planning & Zoning; C. & A. Long, S. Dooley, A. Lamonda, C. Henne, P. O’Brien, B. Sirvis, M. Mittag, M. Bushey, D. Parente, M. Cota, S. Take, B. Kett, A. Simpson, T. Olsen, M. Larkspur, C. McQuillen, T. Riehle, S. Dopp, M. Vagt, S. Krakoff, C. Santarello, J. Berkman, S. Swanson, Boy Scouts from Pack 678 1. Additions, deletions or changes in the order of Agenda items: Mr. Dorn asked to add to the Liquor Control Board an application for a 3rd class license from Farmers & Foragers. 2. Comments and Questions from the public not related to the Agenda: Ms. Sirvis asked where to find a recording of city meetings. Ms. Riehle directed her to CCTV. Ms. Take: Spoke re: defunding police and said they are only effective if they are trusted. She felt the need to go beyond review and supervision and reform which did not prevent the murder in Minneapolis. She asked for a resolution to defund the police. Ms. Larkspur: Corrected her mistake from the last meeting and said the Police Department is only 20% of the city’s budget, not 60% as she had said. She also noted the Police handled only 1 violent issue in recent weeks. She felt it was not armed police but social workers, religious leaders, etc., who should respond to crises. 3. Announcements and City Manager’s Report: Mr. Chittenden recognized the presence of Boy Scouts from Pact 678 who are earning credentials. Ms. Riehle: Shared her thoughts regarding the recent vandalism which destroyed “Black Lives Matter” posters at the High School. She said the Council supports Police efforts to locate the perpetrators. She also said that all lives will not matter until Black lives matter. CITY COUNCIL 15 JUNE 2020 PAGE 2 Ms. Emery: Noted a demonstration of support for this concern which was well-attended last week Mr. Barritt: Attended the BCA meeting last week. Ms. Emery: Asked to consider using ZOOM instead of GoToMeeting (which causes issues for her). Mr. Dorn noted the city has a ZOOM account. Mr. Conner said they are using a free ZOOM service, and he will reach out to the CCRPC to see what they have learned from other communities. Mr. Dorn noted that GoToMeeting has a higher capacity. Mr. Barritt said he thought the problems with GoToMeeting stem from someone not muting a cell phone. Mr. Dorn: There would have been a report on the trash-hauling project, but the City of Burlington wants to set that project aside for 4-6 months. Until then, there won’t be more to report. Public Works Staff is doing some pre-project work at Overlook Park this week to prepare for the contractors. There are still 43 staff members on furlough. The plan is to have them back transitionally by August 1st. This will start after City Hall opens in early July. There will be a remote meeting on 1 July to explain how the return to City Hall will work. Inquiries are being received regarding how city committees can get back to work. It is now possible for a committee to meet remotely regarding a critical issue. They need to be transitioned in as staff is available. Ms. Riehle asked the status of Bill Shearer’s request made at a recent Council meeting. Mr. Conner said a group of 3 Planning Commission members has been assembled to work through a possible solution. They will present this at the first resumed Planning Commission meeting. 4. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes of 18 May and 1 June 2020 Ms. Emery moved to approve the Consent Agenda as presented. Mr. Kaufman seconded. Mr. Barritt asked about Recreation Department refunds. Mr. Hubbard said these are from CITY COUNCIL 15 JUNE 2020 PAGE 3 refunds from canceled programs. Mr. Barritt also asked about 3 mailbox replacements. Mr. Hubbard said these were damaged by snow plow. The city pays up to $75 for a replacement when that occurs. Ms. Riehle asked about the possible opening of playgrounds. Mr. Dorn said “not yet.” The city doesn’t have the capacity to clean all the surfaces that children might be playing on. In the roll call vote that followed, the Consent Agenda was unanimously approved. 5. Councilors’ Reports from Committee Assignments: No reports were presented. 6. Top Dog and First Feline: Ms. Kinville said dog registrations are down while cat registrations are up. Reminders will go out for people who have overlooked registering their animals. Ms. Kinville then thanked businesses who have been sponsoring the “top dog” and “first feline” program including a resident who paints a portrait of each winner. In the drawing that followed, cat #178, “Teddy” owned by Corey Santorello was picked as First Feline, and #1308, “Bella” owned by Gizelle Koon was chosen as Top Dog. Pictures of the winners will be posted in City Hall. 7. Update on Plans for Possible 23rd July vote on South Burlington School District FY21 Budget: Ms. Kinville noted that the Board of Civil Authority (BCA) met remotely on 11 June despite some technical difficulties. The School Board presented a request for an all mail-in ballot. They prefer the July date but “waffled” a bit on possibly piggy-backing with the August vote. Ms. Kinville also noted that with an all mail-in vote, Essex got 4000 ballots; with the “hybrid” method used in May, South Burlington got 4500 ballots. The cities are about the same size. The BCA discussed options for a July vote. Public comment focused on the cost for a mail-in Vote. Following the discussion, the BCA voted 11-7 to use the same method used in May. They also voted to use tabulators instead of hand-counting ballots. CITY COUNCIL 15 JUNE 2020 PAGE 4 Ms. Kinville said she’s been doing a lot of printing of envelopes and ballots since that meeting. She advised that in August, districts 7-2 and 7-3 will have to be separated as they will have different ballots (re: State Representatives). She is also working on an arrangement for that. The BCA has asked the city to invest in protection for front desk people. This could also have future use. Ms. Riehle expressed her appreciation for how complicated all of this is and for how Ms. Kinville carries out her job. Ms. Emery asked about a “drive-through” option. Ms. Kinville said if someone pulls up at the polls and does not want to come in for some reason, a ballot will be brought out to them along with an envelope (the same as an “early ballot”). That person can vote, put the ballot in the envelope, and it will be brought back into the polling location, checked off the checklist and put through the tabulator along with other such ballots. Ms. Emery also asked about a post card to remind people of the vote. Ms. Kinville said the BCA felt this was the School Board’s responsibility, if they want to undertake that expense. Ms. Riehle noted the BCA didn’t vote on this but left it that if the School Board would pay for, it could be done. She noted it would be a whole other mailing and more work time for Ms. Kinville if the city were to do this. Ms. Kinville noted that she sends out notification of elections to Front Porch Forum, The Other Paper, the city’s website, Facebook, etc. She added that with her staff on furlough, she hasn’t got time to do this in addition to everything else. 8. Consider and possibly approve appointments to Chittenden County Regional Planning Commission Committees: Mr. Dorn said the recommendation is to appoint Justin Rabidoux to the Transportation Committee with Marla Keene as alternate, and to appoint Tom DiPietro to the Clean Water Committee with Dave Wheeler as alternate. Chris Shaw would be the regular CCRPC representative with Meghan Emery as alternate. Ms. Emery said she was willing to continue to serve in that capacity. Mr. Barritt moved to approve the appointments to the Chittenden County Regional Planning Commission as presented by the City Manager. Mr. Chittenden seconded. Motion passed unanimously via a roll call vote. CITY COUNCIL 15 JUNE 2020 PAGE 5 9. (formerly #10) May Financials: Mr. Hubbard reported that the city is at 91.6% of the fiscal year budget. Revenues are at 91% with expenses at 89.6%. All major expenses have been made. The question is how much more revenue the city will receive. The expectation is that it will not reach 100% of the budgeted estimate. The city got a great bid for the Overlook Park work, and expects work to be begin soon. There has been significant overtime for Fire/Safety and Police. The city has applied to FEMA for 75% of that overtime, and the expectation is that will be granted. Mr. Hubbard said the February-May local option tax money was good, and there is a partial payment due 1 August. Revenue expectations have not met some projections (e.g., fire inspections, which are at 87%). Stormwater and sewer funds are strong with no issues. Ms. Emery asked why Workers Compensation and Life Insurance numbers are high. Mr. Hubbard said some positions were reclassified for life insurance. Workers Comp is a little under what was anticipated (88% spent). Property insurance is a little higher as additional pump stations have been added. Ms. Emery asked if COVID was responsible for the Fire Department overtime. Mr. Hubbard said definitely from March on. They seldom hit the 8 Firefighters on duty; it was more like 9 or 10. There were also many children born to employees. Ms. Emery noted the Workers Comp issue was with the Sewer and Stormwater Departments. Mr. Hubbard said some positions were reclassified. The figures also reflect the number of staff and amount of overtime. He will check on this. 10. (formerly #9): Consider and possibly approve lease agreement with Common Roots: Ms. McQuillen said they are looking for a long-term lease. It doesn’t have to be 99 years; 25 years would be OK. CITY COUNCIL 15 JUNE 2020 PAGE 6 Ms. McQuillen noted that Common Roots has spent more than $40,000 in 5 years on soil testing, mineral additions, etc., and there is still more than an acre to do. The soil is now better than that at South Village. They still have no water. Regarding the kitchen, this would be an outdoor clay oven that can be used all year. It would allow the city to share revenue from 4 local businesses that share with Common Roots. It would also maximize sustainability over time. They are looking to host events with 120 people and share that revenue with the city. This could help pay for upkeep of Wheeler. It would also be a gathering spot for education. Ms. McQuillen noted a lot of gratis work is being done on this. The structure will be worth over $80,000 of which Common Roots would be paying $40,000. It would belong to the city. Residents would get to use the land at a lower cost than people from out of town. Diagrams will be sent to the city. Ms. McQuillen described the feature as “a bit modern but very attractive.” All the wood will be from Fletcher, VT. Mr. Chittenden asked if there is an estimate for digging a well. Mr. Hubbard said the well is there now. It anticipated the gardens there will be another use for it. It was expensive as they had to dig 500 feet. Mr. Barritt asked how much it cost. Mr. Hubbard said under $10,000. Mr. Barritt noted a typo of an inches symbol instead of one for feet. He also asked if a permit will be required. Mr. Conner said a site plan approval has been granted. Ms. McQuillen said there won’t be solar on the well as it is too expensive (it would require a generator). It will be powered by a buried power line from the street. Mr. Barritt asked if another conduit would have to be put in later on. Ms. McQuillen said there is a conduit out there. She noted they are working with Cody from Green Mountain Power. Mr. Hubbard noted that when Ms. McQuillen spoke with the Recreation and Parks Committee in February they were largely supportive and asked to be kept in the loop. They received information today and should be given time to provide feedback. Mr. Barritt asked if the water from the well would be potable. He noted it would be the only well that is city-owned. Mr. Hubbard said he would check with Mr. Rabidoux. Ms. McQuillen said the well is on the same ridge line as South Village, and is deeper, so it should be potable. Mr. Barritt said he is just concerned about the city’s liability. Ms. McQuillen said it would be Common Roots responsibility to shut the water down in the winter. CITY COUNCIL 15 JUNE 2020 PAGE 7 Ms. Riehle said this item will be taken up again at the Council’s next meeting. 11. (formerly #13) Convene as South Burlington Liquor Control Commission to consider the following applications: a. Always Full Asian Market – 2nd Class Liquor License b. Farmers & Foragers – 3rd Class Liquor License Mr. Chittenden moved the Council convene as Liquor Control Board. Ms. Emery seconded. Motion passed unanimously via a rollcall vote. Mr. Chittenden moved to approve the Liquor Licenses for Always Full Asian Market and Farmers & Foragers as presented. Ms. Emery seconded. Motion passed unanimously via a roll call vote. Mr. Chittenden moved to reconvene as City Council. Mr. Barritt seconded. Motion passed unanimously. 12. (formerly #11) Public Hearing and Possible Council Action on the Extension of Interim Zoning Bylaws: Mr. Barritt moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously via a roll call vote. Mr. Barritt moved to approve and extend the Interim Zoning Bylaws for the period ending 20 September 2020. Mr. Chittenden seconded. Ms. Lafferty said the public hearing should be closed before the vote is taken. Mr. Kaufman said this was not the Council’s intent, but they didn’t know COVID-19 was coming. This is now the only responsible option. Ms. Dopp said the South Burlington Land Trust is in favor of this as it is important to create regulations. Ms. Riehle noted they were encouraged to “go slowly and do it right.” She noted that staff has had a lot of time to work on this, and once meetings can be held in a more open way, they will be able to proceed. CITY COUNCIL 15 JUNE 2020 PAGE 8 Mr. Chittenden asked if September will work or will it be November. Mr. Conner said September is challenging. They are working to get a first draft of various parts. It will come down to agreement/disagreement, the need for review, etc. Public dialog has not moved forward since February. To make a September deadline, a public hearing would have to be warned by mid- August. That’s possible but optimistic. Mr. Kaufman moved to close the public hearing. Mr. Barritt seconded. Motion passed unanimously via a roll call vote. Mr. Barritt’s motion to approve was then voted on and passed unanimously via a roll call vote. Mr. Barritt expressed concern with an ad from Smart Growth in The Other Paper where it was made to appear that the City Council and Planning Commission were endorsing the ad. Ms. Dopp agreed that it was visually misleading and did not include the people who paid for and endorsed the ad. Ms. Riehle said “smart growth” is not a new concept, but the ad used terms (e.g., “taking land”) that have continually caused angst. Mr. Chittenden agreed but noted the ad had some valid concerns. Mr. Mittag found the ad “fear mongering.” He also noted that 9 or 10 of the people in that organization don’t live in South Burlington. 13. (previously #12) Interview with Applicants for South Burlington Boards, Commissions, and Committees: The Council interviewed the following applicants: Caroline Henne ……………………. Affordable Housing or Recreation & Parks Patrick O’Brien …………………….. Affordable Housing Ted Riehle ……………………………. Planning Commission Paul Engels ………………………….. Planning Commission or City Charter Committee Marjory Vagt ……………………….. Library Board of Trustees Sonya Krakoff ……………………… Library Board of Trustees Corey Santarello……………………. Natural Resources or Bike/Ped Committee Alicia Lamonda …………………….. Library Board of Trustees Jeanette Berkman ………………… Library Board of Trustees Sam Swanson ……………………….. Energy Committee Ms. Riehle explained the decision making process and thanked all applicants for their willingness to serve. CITY COUNCIL 15 JUNE 2020 PAGE 9 14. Other Business: No other business was presented. 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 8:40 p.m. _________________________________ Clerk July 9, 2020 Mr. Justin Rabidoux Public Works City of South Burlington 104 Landfill Road South Burlington, VT 05403 Re: Bid Results Dorset Street Pavement Rehabilitation (Barnes & Noble® to Garden Street) South Burlington, VT Hoyle, Tanner Project No. 910907.01 Dear Justin: We have reviewed the bids received for the above-referenced project. A tabulation of these bids and our bid analysis is enclosed for your review. The purpose of this letter is to summarize the bid results and to make a recommendation of award. The bids were opened at 3:00 pm on July 7, 2020. Three (3) bid proposals were received, and the following is a summary of the results: Engineers Estimate Hoyle, Tanner & Associates Inc. Total Bid: $414,105.00 Frank W. Whitcomb Construction Corp. Total Bid: $437,387.75 Engineers Construction, Inc. Total Bid: $449,830.00 Pike Industries, Inc. - VT Total Bid: $461,183.98 All bids received were responsive and contained the required bid bonds in the amount of 5% of the bid price. Frank W. Whitcomb Construction Corp. is the low bidder with a total bid of $437,387.75. After reviewing and analyzing the bids received and local experience and capabilities, we recommend award of the project to Frank W. Whitcomb Construction Corp. Should you have any questions or require further information please do not hesitate to contact the undersigned at (603) 669-5555 or shaas@hoyletanner.com. Very truly yours, Hoyle, Tanner & Associates, Inc. Stephen B. Haas, PE Project Manager Enclosures Dorset Street Pavement Rehabilitation (Barnes & Noble® to Garden Street), South Burlington,VT (#7149628) Owner: City of South Burlington, VT BID CANVASS Solicitor: Hoyle, Tanner & Associates, Inc. - Manchester 07/07/2020 03:00 PM EDT Line Item Item Code Item Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 203.28 EXCAVATION OF SURFACES AND PAVEMENTS CY 35 $45.00 $1,575.00 $62.00 $2,170.00 $75.00 $2,625.00 $65.00 $2,275.00 2 210.1 COLD PLANING, BITUMINOUS PAVEMENT SY 10500 $4.00 $42,000.00 $2.25 $23,625.00 $3.00 $31,500.00 $2.65 $27,825.00 3 404.65 EMULSIFIED ASPHALT CWT 35 $80.00 $2,800.00 $45.00 $1,575.00 $100.00 $3,500.00 $150.00 $5,250.00 4 406.35 SUPERPAVE BITUMINOUS CONCRETE PAVEMENT TON 1160 $100.00 $116,000.00 $105.00 $121,800.00 $110.00 $127,600.00 $108.26 $125,581.60 5 406.38 HAND-PLACED BITUMINOUS CONCRETE MATERIAL, DRIVES SY 115 $25.00 $2,875.00 $30.00 $3,450.00 $40.00 $4,600.00 $35.17 $4,044.55 6 604.412 REHAB. DROP INLETS, CATCH BASINS, OR MANHOLES, CLASS I EACH 18 $1,750.00 $31,500.00 $1,350.00 $24,300.00 $1,500.00 $27,000.00 $1,250.00 $22,500.00 7 604.42 CHANGING ELEVATION OF SEWER MANHOLES EACH 3 $1,200.00 $3,600.00 $1,100.00 $3,300.00 $1,000.00 $3,000.00 $980.00 $2,940.00 8 604.47 CAST IRON GRATE WITH FRAME, TYPE D EACH 4 $1,000.00 $4,000.00 $1,000.00 $4,000.00 $400.00 $1,600.00 $850.00 $3,400.00 9 616.4 REMOVING AND RESETTING CURB LF 30 $30.00 $900.00 $155.00 $4,650.00 $100.00 $3,000.00 $140.00 $4,200.00 10 616.41 REMOVAL OF EXISTING CURB LF 180 $35.00 $6,300.00 $26.00 $4,680.00 $20.00 $3,600.00 $24.00 $4,320.00 11 629.2 ADJUST ELEVATION OF VALVE BOX EACH 5 $400.00 $2,000.00 $220.00 $1,100.00 $400.00 $2,000.00 $180.00 $900.00 12 630.1 UNIFORMED TRAFFIC OFFICERS HR 640 $75.00 $48,000.00 $58.50 $37,440.00 $55.00 $35,200.00 $81.50 $52,160.00 13 630.15 FLAGGERS HR 320 $35.00 $11,200.00 $21.00 $6,720.00 $50.00 $16,000.00 $37.50 $12,000.00 14 631.17 TESTING EQUIPMENT, BITUMINOUS LS 1 $750.00 $750.00 $750.00 $750.00 $500.00 $500.00 $500.00 $500.00 15 635.11 MOBILIZATION/DEMOBILIZATION LS 1 $50,000.00 $50,000.00 $40,000.00 $40,000.00 $55,000.00 $55,000.00 $37,240.63 $37,240.63 16 641.1 TRAFFIC CONTROL LS 1 $40,000.00 $40,000.00 $60,000.00 $60,000.00 $40,000.00 $40,000.00 $56,125.00 $56,125.00 17 641.17 PORTABLE CHANGEABLE MESSAGE SIGN RENTAL DAY 150 $30.00 $4,500.00 $23.00 $3,450.00 $25.00 $3,750.00 $60.00 $9,000.00 18 641.18 PORTABLE ARROW BOARD RENTAL DAY 120 $30.00 $3,600.00 $14.00 $1,680.00 $10.00 $1,200.00 $20.00 $2,400.00 19 646.404 DURABLE 4 INCH WHITE LINE, POLYUREA LF 2100 $1.50 $3,150.00 $2.25 $4,725.00 $2.00 $4,200.00 $2.00 $4,200.00 20 646.406 DURABLE 4 INCH WHITE LINE, RECESSED POLYUREA LF 1300 $3.00 $3,900.00 $4.50 $5,850.00 $4.00 $5,200.00 $4.00 $5,200.00 21 646.414 DURABLE 4 INCH YELLOW LINE, POLYUREA LF 2150 $1.50 $3,225.00 $2.25 $4,837.50 $2.00 $4,300.00 $2.00 $4,300.00 22 646.446 DURABLE 8 INCH WHITE LINE, RECESSED POLYUREA LF 415 $4.00 $1,660.00 $17.00 $7,055.00 $15.00 $6,225.00 $15.00 $6,225.00 23 646.486 DURABLE 24 INCH STOP BAR, RECESSED POLYUREA LF 190 $16.00 $3,040.00 $32.00 $6,080.00 $30.00 $5,700.00 $30.00 $5,700.00 24 646.4911 DURABLE LETTER OR SYMBOL, TYPE A TAPE EACH 70 $175.00 $12,250.00 $420.00 $29,400.00 $400.00 $28,000.00 $400.00 $28,000.00 25 646.5011 DURABLE CROSSWALK MARKING, TYPE A TAPE LF 550 $25.00 $13,750.00 $62.00 $34,100.00 $60.00 $33,000.00 $60.00 $33,000.00 26 646.76 LINE STRIPING TARGETS EACH 765 $2.00 $1,530.00 $0.85 $650.25 $2.00 $1,530.00 $2.48 $1,897.20 Base Bid Total:$414,105.00 $437,387.75 $449,830.00 $461,183.98 Engineer's Estimate Frank W. Whitcomb Construction Corp.Engineers Construction, Inc Pike Industries, Inc. - VT Dorset Street Pavement Rehabilitation (Barnes & Noble® to Garden Street), South Burlington,VT (#7149628) Owner: City of South Burlington, VT BID ANALYSIS Solicitor: Hoyle, Tanner & Associates, Inc. - Manchester 07/07/2020 03:00 PM EDT Significant Items Major Items Bid Price Review > $15,000 between Bid/Eng >3% of Total Project Cost Major/Significant Items for Contrct less than $2M Line Item Item Code Item Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 203.28 EXCAVATION OF SURFACES AND PAVEMENTS CY 35 $45.00 $1,575.00 $62.00 $2,170.00 $75.00 $2,625.00 $65.00 $2,275.00 $595.00 0.50% 2 210.1 COLD PLANING, BITUMINOUS PAVEMENT SY 10500 $4.00 $42,000.00 $2.25 $23,625.00 $3.00 $31,500.00 $2.65 $27,825.00 ($18,375.00)5.40%Average bids less than engineer and reasonable 3 404.65 EMULSIFIED ASPHALT CWT 35 $80.00 $2,800.00 $45.00 $1,575.00 $100.00 $3,500.00 $150.00 $5,250.00 ($1,225.00)0.36% 4 406.35 SUPERPAVE BITUMINOUS CONCRETE PAVEMENT TON 1160 $100.00 $116,000.00 $105.00 $121,800.00 $110.00 $127,600.00 $108.26 $125,581.60 $5,800.00 27.85%All bid prices within 10% of Engineer, reasonable 5 406.38 HAND-PLACED BITUMINOUS CONCRETE MATERIAL, DRIVES SY 115 $25.00 $2,875.00 $30.00 $3,450.00 $40.00 $4,600.00 $35.17 $4,044.55 $575.00 0.79% 6 604.412 REHAB. DROP INLETS, CATCH BASINS, OR MANHOLES, CLASS I EACH 18 $1,750.00 $31,500.00 $1,350.00 $24,300.00 $1,500.00 $27,000.00 $1,250.00 $22,500.00 ($7,200.00)5.56% 7 604.42 CHANGING ELEVATION OF SEWER MANHOLES EACH 3 $1,200.00 $3,600.00 $1,100.00 $3,300.00 $1,000.00 $3,000.00 $980.00 $2,940.00 ($300.00)0.75% 8 604.47 CAST IRON GRATE WITH FRAME, TYPE D EACH 4 $1,000.00 $4,000.00 $1,000.00 $4,000.00 $400.00 $1,600.00 $850.00 $3,400.00 $0.00 0.91% 9 616.4 REMOVING AND RESETTING CURB LF 30 $30.00 $900.00 $155.00 $4,650.00 $100.00 $3,000.00 $140.00 $4,200.00 $3,750.00 1.06% 10 616.41 REMOVAL OF EXISTING CURB LF 180 $35.00 $6,300.00 $26.00 $4,680.00 $20.00 $3,600.00 $24.00 $4,320.00 ($1,620.00)1.07% 11 629.2 ADJUST ELEVATION OF VALVE BOX EACH 5 $400.00 $2,000.00 $220.00 $1,100.00 $400.00 $2,000.00 $180.00 $900.00 ($900.00)0.25% 12 630.1 UNIFORMED TRAFFIC OFFICERS HR 640 $75.00 $48,000.00 $58.50 $37,440.00 $55.00 $35,200.00 $81.50 $52,160.00 ($10,560.00)8.56%Bid price below Engineer, but reasonable 13 630.15 FLAGGERS HR 320 $35.00 $11,200.00 $21.00 $6,720.00 $50.00 $16,000.00 $37.50 $12,000.00 ($4,480.00)1.54% 14 631.17 TESTING EQUIPMENT, BITUMINOUS LS 1 $750.00 $750.00 $750.00 $750.00 $500.00 $500.00 $500.00 $500.00 $0.00 0.17% 15 635.11 MOBILIZATION/DEMOBILIZATION LS 1 $50,000.00 $50,000.00 $40,000.00 $40,000.00 $55,000.00 $55,000.00 $37,240.63 $37,240.63 ($10,000.00)9.15%Bid price below Engineer, but reasonable 16 641.1 TRAFFIC CONTROL LS 1 $40,000.00 $40,000.00 $60,000.00 $60,000.00 $40,000.00 $40,000.00 $56,125.00 $56,125.00 $20,000.00 13.72%Bid Price 50% higher than Eng, reasonable for night work & traffic shifts 17 641.17 PORTABLE CHANGEABLE MESSAGE SIGN RENTAL DAY 150 $30.00 $4,500.00 $23.00 $3,450.00 $25.00 $3,750.00 $60.00 $9,000.00 ($1,050.00)0.79% 18 641.18 PORTABLE ARROW BOARD RENTAL DAY 120 $30.00 $3,600.00 $14.00 $1,680.00 $10.00 $1,200.00 $20.00 $2,400.00 ($1,920.00)0.38% 19 646.404 DURABLE 4 INCH WHITE LINE, POLYUREA LF 2100 $1.50 $3,150.00 $2.25 $4,725.00 $2.00 $4,200.00 $2.00 $4,200.00 $1,575.00 1.08% 20 646.406 DURABLE 4 INCH WHITE LINE, RECESSED POLYUREA LF 1300 $3.00 $3,900.00 $4.50 $5,850.00 $4.00 $5,200.00 $4.00 $5,200.00 $1,950.00 1.34% 21 646.414 DURABLE 4 INCH YELLOW LINE, POLYUREA LF 2150 $1.50 $3,225.00 $2.25 $4,837.50 $2.00 $4,300.00 $2.00 $4,300.00 $1,612.50 1.11% 22 646.446 DURABLE 8 INCH WHITE LINE, RECESSED POLYUREA LF 415 $4.00 $1,660.00 $17.00 $7,055.00 $15.00 $6,225.00 $15.00 $6,225.00 $5,395.00 1.61% 23 646.486 DURABLE 24 INCH STOP BAR, RECESSED POLYUREA LF 190 $16.00 $3,040.00 $32.00 $6,080.00 $30.00 $5,700.00 $30.00 $5,700.00 $3,040.00 1.39% 24 646.4911 DURABLE LETTER OR SYMBOL, TYPE A TAPE EACH 70 $175.00 $12,250.00 $420.00 $29,400.00 $400.00 $28,000.00 $400.00 $28,000.00 $17,150.00 6.72%Bid Price >100% above Engineer, but consistant with other bids 25 646.5011 DURABLE CROSSWALK MARKING, TYPE A TAPE LF 550 $25.00 $13,750.00 $62.00 $34,100.00 $60.00 $33,000.00 $60.00 $33,000.00 $20,350.00 7.80%Bid Price >100% above Engineer, but consistant with other bids 26 646.76 LINE STRIPING TARGETS EACH 765 $2.00 $1,530.00 $0.85 $650.25 $2.00 $1,530.00 $2.48 $1,897.20 ($879.75)0.15% Base Bid Total:$414,105.00 $437,387.75 $449,830.00 $461,183.98 Engineer's Estimate Frank W. Whitcomb Construction Corp.Engineers Construction, Inc Pike Industries, Inc. - VT 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Acceptance of Completed Study 2020 Interim Zoning Open Space Committee Final Report WHEREAS, on November 13, 2018, the City Council adopted the Interim Bylaws, which indicated a need to accomplish several tasks while the Interim Bylaws were in effect, including: “Undertake an analysis of undeveloped open spaces, forest blocks and working landscapes and update the prioritization of these lands for conservation, permanent open space, and/or recreation;” and WHEREAS, one of the purposes of the Interim Bylaws was to allow for a period of study and analysis so that the City may determine which South Burlington parcels are most critical to the City’s environmental and economic goals, and thereafter “can assess whether, and possibly how, the current Land Development Regulations or tools, regulatory or nonregulatory, require amendment and act accordingly”; and WHEREAS, the City Council formed an Interim Zoning Open Space Committee (the “Committee”) and established its membership to undertake the identified tasks and noted that the April 2014 Open Space Report provides a basis for the work to be accomplished by the Committee; and WHEREAS, the Committee met in public meetings throughout 2019, undertook analyses, held community meetings, and prepared a draft final Report; and WHEREAS, the Committee presented its findings to the Planning Commission in December 2019 and its findings and draft Report to the City Council in January 2020, and made certain technical corrections thereto before submitting the “Final Report of the Interim Zoning Committee to the South Burlington City Council” dated March 6, 2020 (the “Report”) to the City Council. NOW THEREFORE, 1. The City Council hereby acknowledges receipt of and accepts the Report. 2. In accepting the Report, the Council thanks the volunteer members of the Committee for their efforts and hard work in developing the Report and its recommendations. 3. In accepting the Report, the Council acknowledges the completion of the Report and the conclusion of the work of the Committee. 4. In accepting the Report, the Council states and affirms that the Report is to be used for planning purposes only. The Report’s results and recommendations may be used and applied in the development of future City policy, rules, or regulations. The Report itself, however, carries no policy weight without further action by the Council and is not a regulatory document or supporting documentation thereto. The Report has not been incorporated in any way into the Land Development Regulations or the Comprehensive Plan. For these reasons, absent further action by the Council to adopt the Report, or portions thereof, formally as the policy of the City, it is not the Council’s intention that the Report apply to proposed land development or be considered by the Development Review Board or by planning and zoning staff in the review of any application for any land use, zoning, or development permit. It is not to be considered a statement of City policy for use in Act 250 permit proceeding, including reviews pursuant to 10 V.S.A. §6086(a)(8) as a community standard under the Quechee 2 Lakes analysis or pursuant to 10 V.S.A. §6086(9). Approved this _______ day of July, 2020. Helen Riehle, Chair Meaghan Emery, Vice-Chair Tim Barritt, Clerk Thomas Chittenden David Kaufman 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Paul Conner, AICP, Director of Planning & Zoning SUBJECT: Interim Zoning Application #IZ-20-01 (1170-1180 Dorset Street) DATE: July 20, 2020 City Council meeting Rivers Edge Development, in conjunction with Highlands Development Company, is requesting a Jurisdictional Opinion under the Interim Zoning Bylaws for the “Park Road” development area of the Vermont National Country Golf Course Planned Unit Development. In 2015, the City of South Burlington and the two owners of the undeveloped and/or golf course portions of the PUD, Highlands Development Company, LLC, and JAM Golf, LLC reached a settlement approving a master plan for the PUD. The parties agreed to, and the Vermont Superior Court approved, an Amended Consent Order and Decree approving a master plan application for the PUD (the “2015 master plan approval”), which includes these parcels totaling 3.65 acres. The 2015 master plan approval allows a maximum of fifteen (15) dwelling units in the Park Road development area, provides that the Development Review Board (“DRB”) shall review the Park Road development proposal under the Land Development Regulations (“LDR”) adopted on May 12, 2003, and requires a preliminary plat application as the next level of review for the Park Road development area. Enclosed with your packet are the following materials: • Applicant narrative letter • Completed application form and applicant narrative • Overall Golf Course site plan and location map Staff deemed the application complete on June 11, 2020. Public notices were sent out in compliance with State Law. The Council is invited to open, hold, and as appropriate, close the public hearing. The Council may then opt to hold a deliberative session following the meeting to consider and issue its decision. 2   David    From: David Burke Sent: Friday, January 17, 2020 3:21 PM To: 'Kevin Dorn'; 'Paul Conner' Cc: 'tomsheppard@sheppardcustomhomes.com'; 'Paulbrogna@sheppardcustomhomes.com'; 'Peter Sheppard'; 'Jim McDonald'; Jim Mcdonald (jimmcdonaldvt@me.com); Dan Heil Subject: RE: 2019-17: VT. National - Park Road Area (aka Parcels 173 & 174)   Checking in!    From: David Burke Sent: Saturday, January 11, 2020 11:38 AM To: 'Kevin Dorn'; Paul Conner Cc: tomsheppard@sheppardcustomhomes.com; Paulbrogna@sheppardcustomhomes.com; Peter Sheppard; 'Jim McDonald'; Jim Mcdonald (jimmcdonaldvt@me.com); Dan Heil Subject: 2019-17: VT. National - Park Road Area (aka Parcels 173 & 174)   Kevin: Please see the attached letter and 2003 Master Plan in regards to request for confirmation that the “Park Road  Area” at VT. National is not subject to Interim Zoning provided development abides by 2003 Summary Judgment Order.  We look forward to hearing from you / receiving confirmation and feel free to call me (878‐9990) if you have any  questions.    David W. Burke    From: Kevin Dorn [mailto:KDorn@sburl.com] Sent: Tuesday, August 20, 2019 9:37 AM To: David Burke; Paul Conner Cc: tomsheppard@sheppardcustomhomes.com; Paulbrogna@sheppardcustomhomes.com; Peter Sheppard Subject: RE: 5041: Parcel F / Clubhouse Parcel   Hi Dave – yes, the Council approved what we called a “jurisdictional opinion” last night effectively agreeing that the  project is not subject to interim zoning.  Paul, if you have a finer point on that please weigh in.    Thanks,    Kevin Dorn  City Manager  City of South Burlington  575 Dorset Street  South Burlington, VT 05403  kdorn@sburl.com  (802) 846‐4107      3 Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation.   From: David Burke <dwburke@olearyburke.com>   Sent: Tuesday, August 20, 2019 9:04 AM  To: Paul Conner <pconner@sburl.com>; Kevin Dorn <KDorn@sburl.com>  Cc: tomsheppard@sheppardcustomhomes.com; Paulbrogna@sheppardcustomhomes.com; Peter Sheppard  <peter@sheppardcustomhomes.com>  Subject: 5041: Parcel F / Clubhouse Parcel    Paul / Kevin: I understand the City Council had a meeting last night. As we have a Sketch Hearing tonight in regards to  Parcel F (aka Clubhouse Parcel) did the Council render a decision from the August 5, 2019 request for (confirmation of)  an Exemption from the current Moratorium for Parcel F (Clubhouse Parcel)?    Thank you in advance for your reply.      David