HomeMy WebLinkAboutMinutes - City Council - 11/02/2020CITY COUNCIL 2 NOVEMBER 2020
The South Burlington City Council held a regular meeting on Monday, 2 November 2020, at
6:30 p.m., via Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman
ALSO PRESENT: T. Hubbard, Deputy City Manager; A. Bolduc, A. Lafferty, City Attorneys; P.
Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; C. Gardner, S.
MacMillan, B. Sirvis, J. Louisos, M. Ostby, L. Kingsbury, F. von Turkevich, L. Nadeau
1. Additions, deletions or changes in the order of Agenda items:
Mr. Chittenden asked to add to Other Business a brief discussion regarding the open meeting
concern raised at the last Council meeting.
2. Comments and Questions from the public not related to the Agenda:
No issues were raised.
3. Announcements & City Manager’s Report:
Members reported on meeting they had attended in recent weeks.
Ms. Riehle reported on a press conference she attended in Winooski regarding an agreement
between Vermont Gas Company and the City of Burlington pursuant to the deal for the 10%
match for noise mitigation at the Airport. There is also the potential for Energy Vermont to
work with homes undergoing noise mitigation.
Mr. Hubbard: advised members of the Steering Committee meeting on Monday, 9 November at
7 p.m.
When Mr. Dorn returns next week, talks will begin with managers regarding next
year’s CIP.
Over 400 people attended the Halloween Glow Walk put on by the Rec
Department. People could socially distance and still enjoy the event. The Department hopes to
do more such community events.
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4. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve grant application for Design & Construction of Airport Drive
Infiltration System
c. Approve Stormwater Improvement Agreement with Grandview & Southridge
Homeowners Associations
d. Approve Stormwater System Maintenance Agreement with South Village.
e. Approve and Authorize City Manager to Execute Quit-Claim Easement Deed on
Queen City Park and Green Mountain Drive ROWs for State Route 7 Traffic
Signal Replacement Project
Mr. Barritt complimented Mr. Rabidoux and his staff for the signal timing on Dorset Street
where the Interstate comes in. Mr. Rabidoux said Dorset St. signals were recently repaired
which allowed for the reduction of “dead time.”
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Kaufman seconded.
Motion passed unanimously via a roll call vote.
5. Councilors’ Reports from Committee Assignments:
Ms. Riehle reported on the Airport Commission meeting as follows: The CARES Act grant of
$8,700,000 is allowing the Airport to meet their expenditures. They have drawn down
$1,500,000 to cover July and August. Parking fees are way down as are car rentals and landing
fees. The CARES money can be carried into next year. In the meantime, different projects are
continuing. The good news is that no airlines have been lost, and corporate jets are coming in.
Ms. Riehle also noted that the Airport owes the FAA money back for the Kirby Cottages.
Mr. Barritt noted that the Pension Committee had met. Patrick Blizzard will be at the next
Council meeting to provide an update on where the Pension Fund stands.
6. Consider and Possibly Approve Resolution Establishing Zoning Administrator Fee
Schedule for Ticketing of Land Development Regulation Violations:
Mr. Conner explained that the Planning Department wants to take advantage of the State
allowing the city to have a second method to deal with LDR violations. The Environmental Court
process is very slow. Ticketing would be for “violations in the moment” and could go up to $800
a day which is consistent with other ticketing.
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Mr. Barritt asked if this option was not available before. Mr. Conner said there was no fee
schedule adopted by the Council, so it has not been used in the past. Mr. Barritt asked what
kind of violation it might be used for. Mr. Conner said it might cover a gas station that was
having more lighting than allowed or noise violations or not keeping a construction site up to
the standard.
Mr. Chittenden then moved to approve the Resolution Establishing Zoning Administrator Fee
Schedule for Ticketing Land Development Regulation Violations as presented. Ms. Emery
seconded. Motion passed unanimously via a roll call vote.
7. Consider and possibly approve Proclamation supporting Small Business Saturday in
South Burlington:
It was noted that the date will be 28 November.
Mr. Barritt suggested calling the day “South Burlington Small Business Saturday” (in the last
“Therefore”). Members agreed.
Mr. Barritt then moved to approve the Proclamation with the above noted amendment. Ms.
Emery seconded. Motion passed unanimously.
8. Public Hearing and possible Council action on the amendment and extension of the
Interim Bylaws:
Ms. Louisos provided an update on what the Planning Commission has been doing in recent
months. She noted that they have had 8 meeting since they resumed their schedule. In that
time, they have drafted language for natural resources protection and moved forward with
forest and habitat blocks. They are currently considering additional protection for the 500-year
flood plain. In doing their work, they have been using a mapping tool provided by staff and
CCRPC staff. They now have draft language for subdivisions and Master Plans and are expecting
draft language for PUDs very soon. They will then compile everything together.
One decision that the Commission has made is to change how the number of units per acre will
be calculated from a “density” approach to a building type approach. It will be the scale and
layout rather than the number of units that will be considered. The aim is to create a
neighborhood with “building blocks.” Mr. Conner added that this is an exciting tool that looks at
housing challenges, specifically the “missing middle.” It assigns an area based on the size of
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a home. You could put a 4-plex that looks like a single family home into a space for a single
family home. This will get more housing into the same area and get a better price point.
Ms. Louisos said they expect to have a full draft at the end of this year and then get public
input. They are looking to have it to the Council possibly in February. Mr. Conner said staff is
expecting to have full language later this month, and it will probably go to the Commission at
their first December meeting.
Mr. Chittenden said he’d love to see something on the forest blocks. Ms. Louisos said they can
bring something to the Council at its next meeting.
Ms. Emery then moved to open the public hearing. Mr. Barritt seconded. Motion passed
unanimously.
Public comment was solicited. There was no public comment.
Mr. Conner noted that Ms. Lafferty’s recommendation is to extend IZ for a year. It could be
canceled at any time.
Mr. Chittenden said he would accept a 3-month extension, not a year. Mr. Barritt agreed. Ms.
Lafferty noted that 3-month intervals really aren’t because of warning times, etc. Mr.
Chittenden said he would accept 6 months with no further extensions.
Mr. Nadeau said if you go to 6 months, there will be more delays. He felt 4 months was
adequate.
Ms. Emery moved to close the public hearing. Mr. Barritt seconded. Motion passed
unanimously.
Ms. Emery then moved to extend Interim Zoning for 6 months with the option for 2 more 3-
month extensions. Mr. Barritt seconded. Motion passed unanimously via a rollcall vote.
9. Interim Zoning Application #IZ-20-02 of Eastern Development Corporation for
development on an existing 8.66 acre lot developed with a single family home &
7000 sq. ft. storage building. The development consists of one 6.68 acre lot
containing 36 dwelling units in three-family buildings, a 1.38 acre lot containing
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the existing single family home and storage building, and a third lot containing
proposed city streets, 600 Spear Street:
Mr. Conner noted that the City Council had wanted more “flavor” regarding PUD types. He then
explained the PUD types being considered by the Planning Commission as follows:
TND (Traditional Neighborhood Development): this would be a primarily residential
neighborhood with some small non-residential element (e.g. the metal building in the plan just
considered). It would be walkable scale with buildings facing the streets. There would be a
focal point to the neighborhood (e.g., central square) accessible to all residents. It would allow
for a diversity in building forms.
Ms. Riehle said she would like to see a pedestrian crosswalk included. Mr. von Turkevich said he
enthusiastically supports that.
Mr. Barritt asked about the energy aspect. Mr. von Turkevich said they have the opportunity to
put in enough solar to make this a net zero development. Homes would have enough solar to
meet their power requirements. They would use air to air heat pumps which are efficient and
reliable.
Ms. Riehle liked the idea of having work space in the metal building so people can live near
where they work.
Mr. Barritt moved to close the public hearing. Mr. Chittenden seconded. Motion passed
unanimously.
Mr. Conner said he would prepare a decision for the next meeting. All members said they
would support an affirmative decision.
10. August and September Financials:
Mr. Hubbard said that a quarter of the way through the fiscal year revenues collected are at 29%
of projections and expenditures at 17% of projections. Recording fees are coming in well as are
tax payments. Enterprise funds are in good shape. The city is waiting for the next local option
tax payment.
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11. Continued discussion regarding the FY22 budget:
Mr. Hubbard asked if the Council feels they should look only at “must have” items for the CIP.
Department heads have been told to come with only those items.
Ms. Riehle said they also need to think that way with the budget and have a very small increase.
Mr. Chittenden noted that in 2014 the Council level-funded the budget, and he would like to
shoot for that. Ms. Riehle noted the problem with that is that in 2015 the Council had to bump
up the budget to 5% or 6% because the cuts were too drastic. She felt level funding was
unrealistic in a city where people expect a certain level of service.
Mr. Barritt asked about the Marathon Health Clinic. Mr. Hubbard said there is a revenue
component to that as the city gets reimbursed by its partners. The lease stays constant though
services may vary. Ms. Holm will be coming in to give a review. Overall, the city is very satisfied.
There is great usage and very positive comments from employees.
Ms. Riehle asked about filling vacancies. Mr. Hubbard said it is built into the budget, but that
money may be needed if there is a shortfall.
12. Other Business:
Mr. Chittenden noted the concern raised regarding a possible violation of the open meeting law.
He noted there is an exemption in the law for “administrative actions,” and the situation in
question fell into that category.
Upcoming agenda items include: forest blocks, conserving of lands, resumption of Legislative
breakfasts via ZOOM in December, School Resource Officers. Sewer capacity, climate change,
Winooski Valley annual report, Kimball Ave. bridge, and dog park.
Mr. Barritt asked about the next building for City Center. Mr. Conner said staff issued approval
today for the newest 40-unit building which is largely affordable.
As there was no further business to come before the Council Mr. Barritt moved to adjourn.
Mr. Chittenden seconded. Motion passed unanimously. The meeting adjourned at p.m.