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Agenda - City Council - 06/20/2011
sollt AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:00pm Monday, June 20, 2011 Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Session 7:00 P.M. Monday , June 20, 2011 1) Agenda Review: Additions, deletions or changes in order of agenda items. 2) Comments and questions from the public(not related to the agenda). 3) Announcements and City Manager's Report. 4) Update on the Chittenden Regional Correctional Facility, Dave Turner, Superintendent of CRCF. 5) **`Interview candidates for boards, commissions, & committees. 6) ***Public Hearing of Amendment to Dog and Cat Ordinance, second reading of same. Donna Kinville, City Clerk. Consider adoption of amended Dog and Cat Ordinance. 7) ***Consider approval of Bullet Proof Vest Grant, Trevor Whipple, Police Chief. 8) ***Consider approval of Criminal Justice Center Grant, Trevor Whipple, Police Chief. 9) ***Discuss Interim Zoning By-Law Resolution. Consider approval or modification. 10) Set Tax Rates for FY 12. Bob Rusten, Assistant City Manager 11) Consider approval of tax due dates of August 15, November 15, 2011 and March 5, 2012. 12) ***Consider approval of Resolution Establishing Energy Committee as a committee of City Council. 13) ***Consider approval of Loan Documentation to fund the unfunded pension liability. 14) Discuss how Council is to handle the signing of disbursements orders during the summer months when Council meets once a month. 15) ***Consider approval of a Special Event Permit: Health Living, July 8-10. 16) ***Review and approve minutes from the regular meeting held June 6, 2011. 17) Sign disbursement orders, including disbursements made by Champlain Water District on behalf of South Burlington. 18) Other Business. 19) Consider entering executive session to discuss personnel, contract negotiations and litigation. 20) Adjourn. Respectfully Submitted: Sanford I. Miller, City Manager ***Attachments Included South Burlington City Council Meeting Participation Guidelines The City Council Chair is presenting these guidelines for public participation and attendance at City Council meetings in an effort to insure that everyone has a chance to be heard and meetings function as smoothly as possible. 1. Please raise your hand to be recognized to speak. The Chair will make every effort to recognize the public in the order in which hands are raised. 2. Once recognized by the Chair, please identify yourself to Council. 3. If the Council has suggested time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Council to conduct business items. 4. In order for City Councilors and other members of the audience to hear speakers' remarks, side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 5. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 6. Make every effort not to repeat the points made by others. 7. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Council for a second time. 8. Council desires to be as open and informal as possible within the construct that the Council meeting is an opportunity for Councilors to discuss, debate and decide upon policy matters. Council meetings are not"town meetings". To this end, after the public has had the opportunity to make comments, the Chair may ask that discussion be among Councilors. Sant ;r � . VE MONI 6/17/2011 Please find attached three new applications and an updated Candidate List. You will be interviewing 15 applicants on Monday night. All candidates that will be interviewed will sign-in and be interviewed on a first come, first serve bases. Thank you, Janice Ladd Human Resource Coord. 1 N N j N.)CO N.) O CO CO ,V C) Cn A C.) s O CO Co V O) Ui A W Ni -, 71 C) r' N 0 -n c--:') CO o c CO cc oCO '' (7 C o C) o n n coco(7 O W CD (D W IJ . CO C) y0 0 oo _ 9p • 0 O. c n. m 3 0 D m W n N A °1 o o -' o- m o m o c D ° m o o v Ft; m m n N o a m < > j m (n a a- 3 ,— , m m Z C m' _ co C Cl �' O o n O 3 N O N`G 3 7 N ; O O w CD CO — 0 a) Q C) 0 n 3 o O O 2 Fri. cn o.) 7 .ZJ Co j 7 N D) N1:1 7 z O• T n �' co �7 Crr r m r d r 7 7 o m CD m T7 co �' (D 7 O' CJ (Q Q rn Q O• 7' O' N N a p Qp C) C) �' z p w d < v a (o (oCO o x n� n r a) 3 C) o O co o o O OD o § o W o Ili 3 0 o () O I 3 - O w 3 o o 3 o CO0 3 3 W 3 n 3 v, o S N' N 3 G n' n n _• _3 Z. 3 -0 c O p N 3 ur fl- N' a N ur N O v CD CD 3 (p u, v, c 0 o m c co n o co z v cO O CD 3 0 o 3 3 7 Q • Q 0d o •* O n N Cr OO (Q v 5 CO 0 m r -a—) O C) ch (any v r n 0 G7 C) d 0.) 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[ 3 / 2 Al FE » \ g n I ] } n o o ± ° ( 79/ / }\ T } ( \ \ } \ BCD \ e ; t_ »/;I\ �R33j5 D(_k /\2] }\ƒ / §) : , n ®i`_ ' /�\%i2 )I;�2—§ # � ` �� ƒ § § ; )« () \\) //M1-3 / \{%e ®® $¥®k^© �W52=M„ § 0+ J\( | )f+{ 2® 2 03'Q>� 3 )�\f(kE J--O tQ 730 z\ -O =_ . . �- 5 --< \ e; m-2f ; o \� 27 >,§ k7 e 17 \ (}$/ ;) a * g\�14* *\//I ( � \S !»@ [ a g' � ^ f ƒ� ((%\\[ \ \ �/ [\ G}i/ 3 3 3 / _ 0. ; ! i : ; -® i =� 22 % —*] %ƒ)� s;; y I, � 7 —_ , _� « !l, �� Z; % `� ` � f� } i% ■ E } ! ;, «8nu u "' ! ;� ai ! ;alEe », o NJ i- 0 DI § \ E§ !`ƒ( 2 ; 2e~ ® !; ®` ; . _ \�| 2§ / i2�t� ®}if f_ 2 ° I ®► City of South Burlington pV City Clerk's Office Donna Kinyille, City Clerk Date: May 13, 2011 To: South Burlington City Council From: Donna Kinville, City Clerk and Treasurer RE: New dog and cat ordinance As part of the City's challenge I looked at the current dog and cat registration and late fees that the City is currently charging. As Bob was reviewing my changes to the current ordinance for the care and control of dogs and cats, he thought that the ordinance needed to be completely rewritten and I was asked to compare our dog ordinance to other municipalities along with looking at VLCT's model ordinance. In the rewrite, I used VLCT's model ordinance as the base for this new ordinance and then I reviewed Winooski,Williston, Milton, Colchester, Shelburne and Wilmington's dog ordinance for comparison. The result is a completely rewritten new South Burlington Ordinance for the Care and Control of Cats and Dogs. Here are some bullet points on the new ordinance: ➢ This Ordinance completely replaces the prior ordinance. ➢ An attempt was made to reference where the Statutory Authority is located whenever possible. ➢ Changed the definition for vicious dog to VLCT's wording. ➢ All payments for fines and waivers for civil penalties shall be in cash but can add debit/credit card if desired as both options eliminates trying to collect on a bad check. ➢ Added a section about confining a dog or cat in heat in a building or secured location. ➢ Added a section about the humane care for dogs and cats which was missing from our ordinance. ➢ Fees: o Increased dog registration fees from $10 to $20 for a spayed or neutered dog and increased fees from $12 for an un-neutered dog to $24 and increased fees for an un-spayed female from $14 to $24. o Increased cat registration fees from $10 to $11 for a spayed or neutered cat and increased fees from $12 for an un-neutered dog to $15 and increased fees for an un-spayed female from $14 to $15. o Instituted a late fine for those who do not register their dog or cat by the State deadline of April 1. For Fiscal Year 12 the late fine will be$10 for the entire year and after FY 12 the late fines are for April 2-April 30 is$10 and May 1—December 1 is$25. The late fine if the dog or cat is registered after the deadline regardless of fiscal year due to the animal control officer having to become involved will be a larger fine of$50. o Increased the amount to be collected to pay for registration when the clerk's office is not open and the dog or cat is not registered to$74 which is the maximum amount that the clerk's office could collect($24 for license and $50 for animal control officer). If the dog or cat is registered within 5 days and the actual registration fee and late fine are less than $74,the balance will be refunded. 575 Dorset Street South Burlington,VT 05403 802-846-4105 dkinville©sburl.com ORDINANCE FOR THE CARE AND CONTROL OF DOGS AND CATS The Council of the City of South Burlington hereby Ordains: Ofatian; pl,.. H The South Burlington Ordinance for the Care and Control of Dogs and Cats ado.ted May 7, 1963,amended June 3, 1968,June 16, 1975, October 2, 1995, and SECTION 1.MYTH ". Council ou Burlington fit''' authority of 20 V.S.A.3 549, 2 ' e a . f SECTION 2. PURPOSE rp protect public d health a sa d t ,et e rest equieteferfOYmetlt tr,homes, , d properties. SECTION 3. DEFINITIONS. For purposes of this ordinance,the following words and/or phrases shall apply: A. "Dog"means any member of the canine species and wolf hybrid as described in 20 V.S.A. § 3541; B. "Cat"means any member of the feline species; C. "Owner" shall include any person or persons, firm, association or corporation owning, keeping, or harboring a dog or cat; D. unn n at large" shall mean off the premises of the owner, and not under the control of the owner, a member of his/her immediate family, or an agent of the owner, either by leash,cord, chain or otherwise within control of such person so that at all times the dog or cat can be prevented from causing any damage, disturbance or annoyance; E. "Enforcement official"when used herein shall mean any constable, police officer,animal control officer, and pound keeper; it shall also include any other individual specifically designated by the City Council to enforce the provisions of this ordinance; F. a. ee + for organizatd enters mta m q'ith the City; G. "Vicious dog or cat" means a dog or cat that attacks an rs4''or causes aerson to re ?Hy fear attach or bodily injury from such animal unless the trespassing .top oft e of the animal. The term shall also mean any ahnrt h m5 othe or do... tl,. al, as d fxn"a a`2', fpat cash and-u@,,.0 gi , '-edi.teVtted SECTION 4. DISTURBANCES AND NUISANCES. A. No dog or cat shall run at large in the city. SECTION 6. HUMANE CARE OF DOGS AND CATS. by the Enforce SECTION 7 ENF'entla T �"a s is a civil in accord nceinance and shall be enforced by Eng, wish 2 A 974a e seq e n� 1.1 � SECTION 8. IMPOUNDMENT. A. Any dog or cat that is determined by an Enforcement Official to be a vicious dog or cat which presents an imminent danger to people or other animals shall be immediately impounded. B. Any dog or caRlre rfe‘" � a ordinal* � b shall b-,,3 ,. ... SECTION 9. NOTICE OF IMPOUNDMENT AND RELEASE FROM IMPOUNDMENT. A. The officer who a impounds dogcat shall, within 48 hours, live notice to the owner thereof,either p or � personally, by telephone call, br by writte4 o e i A i . Such notice shall inform the owner of the nature of the violations,the location of the animal have the anima returned to the owner. B. n impoundedlog or cat has no license or other identification,the person '" sceed under the provisions of 20 V.S.A. §3806. A refundable cash bond in the a nouns. four dollars (S74) may be paid by the owner in lieu of the license fee which includes late fin °i city clerk's office is not open or the animal needs vaccination prior to licensing. This cash bond s be returned to the owner upon proper licensing of the animal, after determining license f and late fee owed. Failure to license the dog or cat within (5) days shall cause o ff• ansl the owner shall be subject to all penalties provrAedfor by t is r i n ""Y C. d niimals shall be released to the owner onl . ,er pa • .oundment fees and after remedial action by the owner% Rein i « is limited to such actions as providing a collar and current license and pr4l r a", t� with th p , aisions of this ordinance and with state law. D. An"appropriate complaint"shall be deemed to have been made when a person verbally gives the City Police Department a full description of the dog or cat, including breed(if known), size,color, and other distinguishing features which description must be sufficient for an enforcement official to make a proper identification. If such description is insufficient for proper identification,no dog or cat shall be impounded. The person who made such complaint shall file in writing with the Police Department a form furnished by the City setting forth his/her name, address, phone number, description of the dog or cat, and circumstances under which the dog or cat was believed to be in violation of this ordinance. If no written complaint is filed,the City, at its option,may release the dog or cat and charge the complainant with any impoundment fees or boarding fees which may be due. In addition to the impoundment fees charged herein,there shall be a boarding charge 4 ..," 'aird �....' . 1 Dated Sandra Dooley,Chair Meaghan Emery,Vice-Chair Rosanne Greco, Clerk James Knapp Paul Engels City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Assistant City Manager.. Trevor Whipple, Chief _June 6, 2011 Name and title of person completing this form(Project Manager) Date 1. Name/title of grant and submittal deadline date: Bullet Proof Vests,July 7, 2011 2. What specifically is the grant's purpose? Fund 50%of the cost of bullet proof vests 3. What does the grant fund and not fund(be specific)? Fund 50% of the cost of bullet proof vests 4. Total Project Cost: a. Amount of grant: Variable each year(this is a perpetual grant as long as Congress funds the request each year—FY12 we are requesting$3,300 b. Is there a City match required,how much and in what fiscal year(s)? 50%in the year of vest purchase—FY12 $3,300 c. Are there other grants"tied into" or being used as a match for this grant of which are matching funds for this grant? No 5. From what budget line will match be paid, and is there unencumbered money to pay it? Match paid from 100-11-6500-24.00. Funds are budgeted for vest replacement as per union contract each year. 6. Is there a cost to the city upon grant conclusion, and if yes,please describe? None 7. Is grant for stand alone project, and if no, how does grant fit into another project? Stand alone. 8. Length of grant-will the grant cross fiscal year(s)? Ongoing 9. Who will apply for grant(name/title)? James Snyder,Lieutenant 10. How much time will it take to complete grant application form? 30 minutes 11. How likely is it that we will receive grant? 100% for this year. Grant approved and funds available,we need only complete the application. 12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is filling out this form),what are any grant compliance requirements, how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? James Snyder. Online reporting of vest order and vest receipt. No admin costs allowed. "iimMeth. �yw 13. Describe grant payment process—method of cash flow: Once vests are reported as received funds are transferred to the city's account 14. Should a Council-appointed Committee, Board, or Commission review this request? If yes,please update status: No. 15. In terms of priority,with 5 being highest and 1 being lowest,please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: Priority 5tit/// cLI Reviewed by Asst. City Manager,Date If approved,grant money will be in this fund aZel 6/4 Approved by City Manager,Date Not Approved By City Manager,Date Approved By City Council,Date Not Approved By City Council,Date City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Assistant City Manager.. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Assistant City Manager as soon as possible. Please attach actual grant application form—either blank or completed _Trevor Whipple, Chief of Police June 6, 2011 Name and title of person completing this form(Project Manager) Date 1. Name/title of grant and submittal deadline date: Community Justice Center Grant,no specific deadline grant is being automatically generated. This request is to accept the grant when it is presented. There is no application process as the Dept of Corrections has committed to perpetual funding of Community Justice Centers once the budget is approved by Legislature. This could change but as of this date the intention is to provide ongoing funding. DOC has been funding community justice centers through this format for the past 10 years. 2. What specifically is the grant's purpose? This grant will fund the operations of the South Burlington Community Justice Center,to include; salary and benefits of director, supplies,phone, stipends for volunteer coordinators,training and miscellaneous costs. 3. What does the grant fund and not fund(be specific)? The grant funds the salary and benefits of the director,administrative cost of supervising the director,payroll processing, supplies, cell phone,training, consultant, and stipends. It does not fund the cost of office space,utilities or use of office equipment.. 4. Total Project Cost: a. Amount of grant: $55,000 b. Is there a City match required,how much and in what fiscal year(s)? Yes. There is a 10%match needed for FY12. This match can be accomplished through in kind services. In the case of the Community Justice Center this is easily accomplished through the office space,utilities and use of office equipment. c. Are there other grants"tied into"or being used as a match for this grant of which are matching funds for this grant? No. 5. From what budget line will match be paid, and is there unencumbered money to pay it? There is no direct cash match. No additional expense will be incurred as a result of accepting this grant. 6. Is there a cost to the city upon grant conclusion, and if yes,please describe? Only if the program continues. This city has the option to terminate the Community Justice Center if there are no future grants. 7. Is grant for stand alone project, and if no,how does grant fit into another project(describe in some detail)? This is a stand alone project. 8. Length of grant-will the grant cross fiscal year(s)? Grant covers just FY12. There may the possibility to carry unexpended funds in to FY13 but that is not planned. 9. Who will apply for grant(name/title)? No application necessary. The grant has already been awarded (without application)but not yet received. 10. How much time will it take to complete grant application form? None. 11. How likely is it that we will receive grant? 100% 12. Who will manage(project manager)grant and grant paperwork if approved(if different person than who is filling out this form),what are any grant compliance requirements,how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Trevor Whipple and Lisa Bedinger. The grant requires the keeping of and reporting statistics concerning community justice center activities. Time to keep and report Draft: 6-17-2011 CITY OF SOUTH BURLINGTON INTERIM LAND DEVELOPMENT REGULATIONS 1 . PURPOSE These Interim Land Development Regulations are adopted to prohibit certain land development in the City while the City undertakes studies to evaluate the impacts of such development and determine what, if any, amendments to the Land Development Regulations (LDRs) are appropriate. 2 . AREA AFFECTED These Interim Land Development Regulations affect all lands in the City of South Burlington. 3 . LIMITATIONS ON LAND DEVELOPMENT A. Review and approval of any Planned Unit Development application, and any related Master Plan application, for any proposed development in the following districts:. (1) All residential districts specified in Chapter 4 of the LDRs, (2) The Commercial 1, Cl-R12, Cl-R15, Cl with Limited Retail, Commercial 2, Swift Street, and Allen Road Districts specified in Chapter 5 of the LDRs, (3) All Central Districts specified in Chapter 8 of the LDRs, and (4) All Southeast Quadrant Districts specified in Chapter 9 of the LDRs. B. Any land development of sites identified as Areas 1, 2, 3, 4, 8, 9, 14, 17, 18, 20, 21, 22 and 23 on the 2002 Open Space Strategy Map 410, except expansion of an existing building by no more than 20% of the existing building footprint. C. Approval of any waivers or modifications of specific standards specified in the LDRs for the following matters : (1) height of structures (2) parking requirements (3) road construction standards 1 PROPOSED ADOPTION OF INTERIM BYLAWS CITY OF SOUTH BURLINGTON Public Hearing July 18, 2011 PLEASE TAKE NOTICE that the South Burlington City Council will hold a public hearing on Monday, July 18th at 7:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider adoption of Interim Bylaws. The purpose of the Bylaw will be to prohibit certain development in the City while the City undertakes studies to evaluate the impacts of such development and determine what, if any, amendments to the Land Development Regulations (LDRs) are appropriate. The proposed bylaw will effect all lands in the City in the manner further described below. The bylaw under consideration will prohibit the following: • 1. Review and approval of any Planned Unit Development application, and any related Master Plan application, for any proposed development in the following districts: (a) All residential districts specified in Chapter 4 of the LDRs, (b) The Commercial 1, CI-R12, Cl-R15, Cl with Limited Retail, Commercial 2, Swift Street, and Allen Road Districts specified in Chapter 5 of the LDRs, (c) All Central Districts specified in Chapter 8 of the LDRs, and (d) All Southeast Quadrant Districts specified in Chapter 9 of the LDRs. 2. Any development of sites identified as Areas 1, 2, 3, 4, 8, 9, 14, 17, 18, 20, 21, 22 and 23 on the 2002 Open Space Strategy Map#10, except expansion of an existing building by no more than 20% of the existing building footprint. 3. Approval of any waivers or modifications of specific standards specified in the LDRs for the following matters: (a) height of structures (b) parking requirements (c) road construction standards (d) vehicle trip generation in the Traffic Overlay District (e) dimensional standards in the Residential 7 district (f) landscaping requirements (g) cost of repair/replacement of non-conforming structures (h) Planned Units Developments (i) Placement of improvements within setback areas (j) Reduction of lot size (k) Increases in development density (1) Modification of district boundaries (m) Any standard in the View Protection Overlay District (n) Application requirements and the time limits applicable to application materials Copies of the proposed bylaw is available for inspection at the Department of Planning & Zoning, City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 AM and 4:30 PM Monday through Friday except holidays, and on the city website at www.sburl.com. Sanford I Miller, City Manager June 18, 2011 Draft Interim Zoning Resolution: 6-16-2011 WHEREAS, the recently completed US Census reports that the population of the City of South Burlington increased by twenty percent (200) during the period 2000 to 2010; and WHEREAS, this increase indicates an annual average growth rate of one and nine tenths percent (1 . 9%) ; and WHEREAS, the City' s 2006 Comprehensive Plan provides that "an average annual growth rate of one and five tenths percent (1 . 5%) is sufficient to provide the beneficial effects of growth such as a large employment base, broad tax base and cultural diversity"; and WHEREAS, the City has adopted Land Development Regulations (LDRs) which regulate land development, including subdivision of land, throughout the entire City; and WHEREAS, the LDRs refer to a 2002 Open Space Strategy that prioritized open space areas in the City to assist the City in its development of land use regulations; and WHEREAS, the City has adopted regulations for that portion of the City commonly referred to as the Southeast Quadrant that have addressed many of the identified open space areas identified in the 2002 Open Space Strategy in the SEQ; and WHEREAS, high priority sites numbered 1, 2, 3, 4, 8, 9, 14, 17, 18, 20, 21, 22 and 23 on the 2002 Open Space Strategy, Map #10, remain subject to regulations that would allow significant development; and WHEREAS, in 1989 and 1990, the City conducted studies of development alternatives for the Southeast Quadrant; and WHEREAS, these studies led to amendment of the City' s Zoning Regulations in 1992 to establish the Southeast Quadrant District ("SEQ") containing approximately three thousand (3200) acres of land for the following stated purposes : A Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and well planned residential use in the largely undeveloped area of the, City known as the Southeast Quadrant. The open character and spectacular scenic views offered in this area have long been recognized 1 Draft Interim Zoning Resolution: 6-16-2011 developments is allowed with densities ranging from four (4) dwelling units per acre up to eight (8) units per acre; and WHEREAS, prior to 1992 the SEQ contained approximately four hundred and seventy-five (475) dwelling units; and WHEREAS, since 1992 approximately one thousand four hundred and eighty (1480) dwelling units have been approved in the SEQ (not including approximately sixty (60) involved in pending litigation; and WHEREAS, the LDRs allow a land development proposal to be reviewed as Planned Unit Development ("PUD") which is defined as follows: One or more parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, as well as the mixing of land uses . This plan, as authorized, may deviate from bylaw requirements that are otherwise applicable to the area in which it is located with respect to the area, density or dimensional requirements or allowable number of structures and uses per lot as established in anyone or more districts created under the provisions of these regulations. The specific requirements of a PUD and the area, density and dimensional provisions that may be modified are defined in each district in which PUDs are allowed. ; and WHEREAS, the LDRs further provide that " [i]n all districts of the City, any applicant for site plan, conditional use and/or subdivision review, or any other application for land development requiring action by the Development Review Board, may request review pursuant to the PUD process and regulations"; and WHEREAS, in the SEQ all residential development except one and two family dwelling units on existing lots must be reviewed as a PUD and developments involving ten (10) or more dwelling units must, in addition, obtain Master Plan review and approval; and WHEREAS, in the Residential 12 district all development must be reviewed as a PUD; and 15.02b WHEREAS, an applicant for PUD approval may apply for Draft Interim Zoning Resolution: 6-16-2011 NOW THEREFORE, be it resolved by the South Burlington City Council that the City undertake the following actions: 1 . Review the appropriateness of significantly restricting development of sites identified as 1, 2, 3, 4, 8, 9, 14, 17, 18, 20, 21, 22 and 23 on the 2002 Open Space Strategy, Map #10; and 2 . Review the general residential development density of 1 .2 dwelling units per acre in the SEQ to determine whether it remains appropriate; and 3. Review the compatibility of "clustered" residential development in PUDs with existing residential neighborhoods; and 4 . Review the standards that guide the granting of "waivers" from specific development standards for PUDs as well as the "waivers" allowed in connection with site plan, conditional use and subdivision review; and 5. Pending completion of the above-stated actions, that the City adopt interim land development regulations that suspend the review and approval of PUDs and related Master Plans in the form attached hereto; and 6. Within days of adoption of the interim bylaws, that City staff, together with the Planning Commission, submit a recommendation to the City Council of studies which must be conducted to accomplish the above-described reviews together with a description of the scope of each study and an estimated budget for performance of such reviews. 5 (/_! Draft : 6-17-2011 • CITY OF SOUTH BURLINGTON INTERIM LAND DEVELOPMENT REGULATIONS 1 . PURPOSE • These Interim Land Development Regulations are adopted to prohibit certain land development in the City while the City undertakes studies to evaluate the impacts of such development and determine what, if any, amendments to the Land Development Regulations (LDRs) are appropriate. 2. AREA AFFECTED These Interim Land Development Regulations affect all lands in the City of South Burlington. 3 . LIMITATIONS ON LAND DEVELOPMENT A. Review and approval of any Planned Unit Development application, and any related Master Plan application, for any proposed development in the following districts: (1) All residential districts specified in Chapter 4 of the LDRs, (2) The Commercial 1, Cl-R12, Cl-R15, Cl with Limited Retail, Commercial 2, Swift Street, and Allen Road Districts specified in Chapter 5 of the LDRs, (3) All Central Districts specified in Chapter 8 of the LDRs, and (4) All Southeast Quadrant Districts specified in Chapter 9 of the LDRs. B. Any land development of sites identified as Areas 1, 2, 3, 4, 8, 9, 14, 17, 18, 20, 21, 22 and 23 on the 2002 Open Space Strategy Map #10, except expansion of an existing building by no more than 20%, of the existing building footprint. C. Approval of any waivers or modifications of specific standards specified in the LDRs for the following matters: (1) height of structures (2) parking requirements (3) road construction standards 1 PROPOSED ADOPTION OF INTERIM BYLAWS CITY OF SOUTH BURLINGTON Public Hearing July 18, 2011 PLEASE TAKE NOTICE that the South Burlington City Council will hold a public hearing on Monday, July 18th at 7:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider adoption of Interim Bylaws. The purpose of the Bylaw will be to prohibit certain development in the City while the City undertakes studies to evaluate the impacts of such development and determine what, if any, amendments to the Land Development Regulations (LDRs) are appropriate. The proposed bylaw will effect all lands in the City in the manner further described below. The bylaw under consideration will prohibit the following: 1. Review and approval of any Planned Unit Development application, and any related Master Plan application, for any proposed development in the following districts: (a) All residential districts specified in Chapter 4 of the LDRs, (b) The Commercial 1, C1-R12, C1-R15, Cl with Limited Retail, Commercial 2, Swift Street, and Allen Road Districts specified in Chapter 5 of the LDRs, (c) All Central Districts specified in Chapter 8 of the LDRs, and (d) All Southeast Quadrant Districts specified in Chapter 9 of the LDRs. 2. Any development of sites identified as Areas 1, 2, 3, 4, 8, 9, 14, 17, 18, 20, 21, 22 and 23 on the 2002 Open Space Strategy Map#10, except expansion of an existing building by no more than 20% of the existing building footprint. 3. Approval of any waivers or modifications of specific standards specified in the LDRs for the following matters: (a) height of structures (b) parking requirements (c) road construction standards (d) vehicle trip generation in the Traffic Overlay District (e) dimensional standards in the Residential 7 district (f) landscaping requirements (g) cost of repair/replacement of non-conforming structures (h) Planned Units Developments (i) Placement of improvements within setback areas (j) Reduction of lot size (k) Increases in development density (1) Modification of district boundaries (m) Any standard in the View Protection Overlay District (n) Application requirements and the time limits applicable to application materials Copies of the proposed bylaw is available for inspection at the Department of Planning& Zoning, City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 AM and 4:30 PM Monday through Friday except holidays, and on the city website at www.sburl.com. Sanford I Miller, City Manager June 18, 2011 A RESOLUTION OF THE CITY OF SOUTH BURLINGTON ESTABLISHING A CITY COUNCIL APPOINTED ENERGY COMMITTEE WHEREAS,the mission of the South Burlington Energy Committee is to promote energy conservation, energy efficiency, and the use of renewable energy resources among the City's residents, businesses, and in municipal affairs; and WHEREAS, the Committee will assist the City in addressing certain goals expressed in the Comprehensive Plan, such as promoting energy efficiency, affordable energy, and decreasing reliance (per capita) on non-renewable energy resources; and WHEREAS, the Committee may consist of up to members serving staggered terms; and WHEREAS,the Committee shall be responsible for electing officers; and WHEREAS,this Committee falls under the auspices of the Planning & Zoning Department and is staffed accordingly; and WHEREAS,the Committee may undertake studies, programs, or events in the advancement of its mission but shall seek City Council approval prior to engaging the City in outside programs or studies involving significant financial, staff, or representational commitments. NOW, THEREFORE, BE IT RESOLVED by action of the South Burlington City Council the Energy Committee is hereby designated as an officially recognized Committee and has been deemed to be in the best interest of the City. Dated this day of , 2011. Sandra Dooley, Chair Meaghan Emery, Vice Chair Rosanne Greco, Clerk James Knapp Paul Engels �t tD CITY COUNCIL 6 JUNE 2011 The South Burlington City Council held a regular meeting on Monday, 6 June 2011, at 6:00 pm. in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; J. Knapp, M. Emery, P. Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; K. Murphy, City Staff; Chief D. Brent, Fire Department; J Rabidoux, Director of Public Works; D. Young, School District; P. Conner, Director of Planning&Zoning;M. Beaudin, R. Kay, T. Duff, R. McDonald, Planning Commission; M. Behr, B. Stuono, Development Review Board; S. Stitzel, A. Lafferty, City Attorneys; S. Dopp, M. Young, S. Loyer, S. Merrick, D. Schapiro, M. Esposito, J. Smith, B. Bull, S. Chapman, J. Kochman, T. Ashe, D. Seff, L. Charash,jE. Milizia, M. McBride, D. Wilber, W. Gilbert, P. Stabler,B. Cimonetti, M. Mittag, M. Scollins 1. Executive Session: Ms. Emery moved the Council meet in executive session to discuss personnel, contract negotiations and litigation. Ms. Greco seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: Agenda Item#18 was moved to follow Agenda item#9, and other agenda items were renumbered accordingly. 2. Comments & Questions from the Audience not related to Agenda items: Mr. Donahue questioned the paving of city streets and said he is spending a great deal of money on front end alignments. Mr. Miller noted there is a report on the website from the Public Works Director as to how roads are selected for paving. Mr. Donahue said he felt a bond was needed to address this. 3. Announcements and City Manager's Report: Ms. Emery: Will be attending the Smart Streets part 2 meeting. Mr. Engels: Attended the grand opening of the Solar Ray on Spear St. Other members indicated they had as well. Ms. Dooley: Attended the sustainability retreat and also a meeting with the Chair of the Airport Commission. Mr. Miller: Also attended the sustainability retreat. CITY COUNCIL 6 JUNE 2011 PAGE 3 Mr. Loyer noted that they work closely with Tom Hubbard,who is on their Board. They have a pro bono attorney and accountant. They carry their own General Liability and Professional Liability insurances which are paid for from donations. Mr. Loyer drew attention to their financial statement. He explained that their funds support programs throughout the year. Ms. Merrick said that their vision for the future includes continuing to partnership with local groups (Recreation Dept,Police, Fire,businesses, etc.) and to reach out to stake holders. They are working hard to make PACT a model. They are also putting together governing documents to insure sustainability. Ms. Merrick noted that they appreciate the cooperation of the South Burlington School District. Mr. Miller thanked PACT for providing the potluck meals at the city's annual Town Meeting. 6. Consider approval of Homeland Security Training Grant: Chief Brent said that 2 of the city's Firefighters have been selected to be trainers for the State: Todd Poole, and Chris Corbin. The State will cover all costs of training and personnel. Training has now been completed. Chief Brent noted that the two trainers helped with efforts following the flood devastation in the central part of the State. Mr. Young asked if the city has to pay them more. Chief Brent said the State does that. Mr. Miller noted this results in a savings to the city because people now don't have to be sent out to be trained. Mr. Knapp moved to authorize the Homeland Security Training Grant as presented. Ms. Emery seconded. Motion passed unanimously. 7. Consider Approval of Public Safety Interoperable Communications Grant Program: Chief Brent reviewed the history of the program. He noted that 38 of the Department's pagers are not upgradable. The cost to replace them is $14,780.00 of which the state pays 80% and the city 20% ($2,956). The city's share is under what was budgeted. The deadline to replace the pagers is 13 January 2012. Mr. Knapp moved to approve the Public Safety Interoperable Communications Grant Program as presented. Ms. Emery seconded. Motion passed unanimously. i • CITY COUNCIL 6 JUNE 2011 PAGE 5 Council members were then invited to make opening comments: Ms. Greco said she heard from people when she was campaigning that South Burlington is heading in the wrong direction. People value natural beauty and don't expect noise and air pollution. She felt it is time to survey the public and to study the impacts of development. After that, the city can craft a vision and rewrite the Comprehensive Plan. Ms. Dooley said she feels the population growth constitutes an emergency. She also expressed concern with the purchase of"affordable" family homes by the Airport. PUD provisions give the DRB authority to grant waivers and include policies which accelerate residential growth. She was also concerned that congregate housing units count as zero. Given the options provided, Ms. Dooley said she preferred open space option#3. With regard to the west of Chamberlin area, she favored possibly conversion of commercial to residential use at R-4 with no more than 4 units per structure. She also supported PUD options 9 & 10 but not in all residential districts. She would nullify the definition of congregate housing. Ms. Emery said that in addition to population growth, she was concerned with the work load on the Planning Commission and DRB. She didn't feel changes could happen quickly and felt the status quo should be protected while issues are worked on. She agreed that Chamberlin School needs families that live near the school in order to remain viable. She felt that PUD's should be studied to see how to provide transitions to neighborhoods. She also wanted to look at open space strategies outside of the Southeast Quadrant (SEQ). Mr. Knapp said he wasn't yet convinced of an emergency situation. He was also not sure there are resources available to study the issues or even that this is the best use of what resources are available. Regarding the area west of Chamberlin, he expressed confusion since noise from the Airport would still be an issue there. He felt PUD's are important for the construction and preservation of affordable housing and that the city should identify sources of housing/funding for affordable housing. Mr. Engels said when he was elected he knew nothing about zoning. He said that in driving around the city he was surprised by the density in the SEQ and the large homes on small lots. He felt the city has to look at PUD's. He felt TDR's were well-intentioned but have resulted in enormous density. He also said he'd like to see an Open Space plan. Mr. Conner then reviewed the history of the city's Open Space Strategy. Regarding PUD's, Mr. Conner noted that in some circumstances PUD's are an option. He cited the City Center, I-O, Airport and SEQ districts in which all subdivision of land must be PUD's. There are allowances for increased density. Certain uses in certain other districts must be part or CITY COUNCIL 6 JUNE 2011 PAGE 7 In addressing PUD's, Mr. Stitzel said they are an option in land use planning and have been allowed for many years. Their use goes back to the question of what is a reasonable allowance of use to a landowner. Mr. Stitzel noted that 3 years is as far as you can go with interim zoning. During that time, the city would have to discuss what to do with PUD's,what problems they have caused. The city would have to rely on experts to say what occurred that is problematic and then say what to do to correct that problem. Mr. Stitzel said that the ability to grant waivers is a specific that could be limited during interim zoning. Density bonuses are as well. What would also be taken into consideration by the courts is what the justifications were for creating PUD's and TDR's. Mr .Stitzel cited the problem the city had when regulations were not clear enough and when there was an unconstitutional "taking" Mr. Gilbert cited problems in the SEQ with TDR's. He felt it was an emergency situation because of growth in the past 10 years. He felt that the expectation for use of land also applies to those who live in an area. He felt neighborhood aspects haven't been taken into consideration. Mr. Kochman said he favored curtailing PUD's on an interim basis. He felt they have been abused with respect to height waivers. Mr. Mittage felt there was an issue of storm water and that more development means more runoff. Mr. Scollins felt the city has gone awry with respect to the proposed Farrell development. Mr. Young felt there were many more issues in the city for the City Council to deal with. He questioned whether interim zoning would artificially inflate housing prices. He noted that with the lack of workforce housing, it seems you have to pony up so much money just to live here. He also felt interim zoning could discourage jobs. He questioned whether changing the rules on TDR's was a"bait and switch" situation. Mr. Donahue felt TDR's have allowed densities to go much higher and that interim zoning is a good idea. Mr. Stuono said he felt a 2-year interim zoning period was a"blink of the eye" in land use issues. Ms. McBride said she hoped"complete streets"would be included in the thinking. She felt that climate change also needs to be considered. CITY COUNCIL 6 JUNE 2011 PAGE 9 for that would be 3 weeks from tonight. Mr. Miller noted that doesn't work for notice in The Other Paper. Ms. Greco said she wanted to introduce a resolution that would start the clock at this meeting. Mr. Stitzel said it would not cut off vested rights. He stressed there is nothing the City Council can do at this meeting to start the clock. It requires notice in the newspaper of a public hearing and of the availability of the text. Ms. Greco said that what she would like is for 2 years there would be no new PUD's, subdivisions, or waivers in the city. Members then worked to craft a motion that would reflect a majority of their thinking. Ms. Emery then moved to direct the City Attorney to draft a resolution to establish a period of interim zoning to: protect open space based on an open space strategy everywhere but in the SEQ,prohibit PUD's in all residential and mixed use districts,prohibit PUD and all other waivers from the Land Development Regulations in all districts. Mr. Engels seconded. Mr. Stitzel stressed the need to come up with the money for the studies that this would entail. Mr. Miller added that this a a very broad set of restrictions. He noted that the 2012 budget was put together based on revenues from projected development that would increase the Grand List. The cost for required studies is also not budgeted. He asked where the money for all of this will come from. He noted that there could be 6-digit costs for each of the studies. There is also the process of managing a number of studies in a Planning Office that is already reduced by 25% of its staff. He said he would expect the City Council to address these concerns specifically at the public hearing. Mr. Conner noted that there are also development review fees that have been counted on and which were recently substantially increased. Mr. Conner also noted that any development that is approved also pays for a zoning permit, and impact fees for roads, fire and recreation. Ms. Emery moved to direct City Attorney Steve Stitzel to draft a resolution addressing open space protection based on the Open Space Strategy dated 2002, excluding the South East Quadrant, to limit land development so no additional dwelling units or construction of commercial properties or the expansion of existing properties beyond 20% of the existing foot print(all land lying within low,medium, and high priority outside the South East Quadrant); prohibit PUD's in all residential and mixed use districts; prohibit waivers everywhere; prohibit all waivers in the LDR's in all districts throughout the City. Mr. Engels seconded. Motion passed 4-1 with Mr. Knapp opposing. CITY COUNCIL 6 JUNE 2011 PAGE 11 14. Update on monthly financials and estimate of FY2011 closeout: Mr. Rusten said the 2010 deficit is over$450,000. It was originally predicted that there would be over a$300,000 deficit for FY2011. The prediction now is for a surplus of about $100,00. This could,however, change as new things are discovered. There are also big holes in a number of funds that have to be addressed. Mr. Miller noted these gains have been achieved with a lot of pain and with the cooperation of bargaining units. Mr. Rusten noted that a number of notes have been paid off which will reduce the 2012 budget by about $30,000. Water Pollution Control may come in with a slight surplus. There is still a deficit in stormwater. 15. Discuss Draft Attendance Guidelines for all Appointees to City Boards, Committees, and Commissions, and make decisions on process to seek current appointees feedback on draft guidelines: The draft will be sent to committees for their comments and will be posted on the website. 16. Approve a City Council schedule for interviewing candidates for City Boards, Committees and Commissions. Consider whether to establish a City Council Energy Committee replacing the current City Manager appointed Energy Committee: It was noted that interviews will be hold at a special meeting on 13 June, 7 p.m. and at the regular Council meeting on 20 June. Members agreed that the Energy Committee should be appointed by the City Council. 17. Consider Approval of Agreement with RHR Smith & Co. To perform the FY2011 City Audit: Ms. Emery moved to authorize the City Manager to sign the agreement with RHR Smith. Ms. Greco seconded. Mr. Miller noted the fee would be $18,000. In the vote that followed, the motion was approved unanimously. 18. Consider Authorizing the City to Obligate $350,000 from a no-match grant CITY COUNCIL 6 JUNE 2011 PAGE 13 23. Other Business: As there was no other business to come before the Council, the meeting was adjourned at 11:45 p.m. Clerk