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HomeMy WebLinkAboutMinutes - City Council - 11/15/2021CITY COUNCIL 15 November 2021 The South Burlington City Council held a regular meeting on Monday, November 15, 2021, at 6:30 p.m., in the Auditorium, City Hall, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, M. Cota ALSO PRESENT: J. Baker, City Manager; A. Bolduc, Deputy City Manager; C. McNeil, City Attorney; I. Blanchard, Community Development Director; P. Conner, Director of Planning & Zoning; T. DiPietro, Stormwater Department; B. & J. Britt, K. Ryder, R. Greco, A. Norris, R. McDonald, Dave, M. Mittag, L. Kingsbury, B. Milizia, A Jensen-Vargs, J. Louisos, C. Jensen 1. Instructions on exiting building in case of emergency and review of technology options: Ms. Baker provided emergency evacuation instructions and reviewed technology options. 2. Additions, deletions or changes in the order of Agenda items: No changes were made to the agenda. 3. Comments and questions from the public not related to the agenda: Ms. Ryder asked the Council to take the climate crisis seriously and regularly review how the city is doing in addressing climate change. Mr. Britt expressed concern with a stormwater issue that is impacting several neighborhoods. He noted that each neighborhood will be charged to repair its own situation and achieve the 2020 standards even though the neighborhoods paid to get up to the 1998 standards. He said they had thought the stormwater fee on the water bill would cover this. They are also being asked to sign a document this week that provides no known cap to liability. Ms. Baker said staff can provide a comprehensive update on this issue. Mr. Barritt cited the need to tell people not to deposit waste into the stormwater ponds and/or culverts. Mr. MacDonald said their neighborhood has the same issue. They have been told to form an association, but that can’t happen because there are neighbors who will agree, and it needs to be unanimous. He felt the city should consider doing this as a “single entity.” CITY COUNCIL 15 NOVEMBER 2021 PAGE 2 Ms. Britt was concerned with the deadline, especially with the holidays approaching. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. Sen. Chittenden noted that the Governor is calling a special session of the State Legislature to consider legislation allowing municipalities to enforce a mask mandate until April, 2022. Ms. Baker: As of 10 November, there have been 996 COVID cases in South Burlington over the course of the pandemic, 87 of those were new cases within the past 2 weeks. There has been an Act 250 appeal of the South Village approval. The city is inclined to enter an appearance. At the 8 December meeting of the Bike/Ped Committee, there will be a public hearing on proposed bike/ped improvements on Spear Street, 5:30 p.m. A holiday lights display will be brighten Veterans Memorial Park from 2 December through 3 January. An RFP is being prepared for auditing services. Proposals will be reviewed by the Council probably in January. Because of the holidays, a special warrant may be needed between Council meetings. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve minutes from 4 October, 18 October and 30 October Council meetings c. Authorize the City Manager to execute an agreement for the Vtrans Small-Scale Bicycle & Pedestrian Program Grant to fund the construction of 2 crosswalks across Williston Road (#CA0676, STP BP22(13)) d. Accept a Sewer Easement Deed from Fire District 1 (Queen City Park) to the city CITY COUNCIL 15 NOVEMBER 2021 PAGE 3 Mr. Cota moved to approve the Consent Agenda as presented. Sen. Chittenden seconded. Motion passed unanimously. 6. Approve the City’s FY22 Policy Priorities & Strategies: Ms. Baker thanked Council members for participating in the recent retreat. She noted that she has organized the document into policy areas and sorted them into categories: a. Must use ( high priorities) b. Committees interests c. Community interests/future funding A final version will be circulated to the committees. Ms. Emery asked why things on the “bike rack” aren’t included. Ms. Baker said they would be initiatives that would be starting and would have to be weighed against other priorities. Ms. Greco said there were only one or two statements regarding the climate crisis and how to address it. She hoped the Council would take another look at it. Ms. Riehle read from the list of actions to do, and Ms. Baker noted the “walkable” goals. She said that there is not a “philosophical background” for items in the document. Ms. Greco also noted that some priorities are in conflict with each other, and if none are prioritized, which would be picked. Mr. Barritt noted that only 1% of the city’s investment portfolio is tied to non-renewable resources. He also noted that some oil companies are also doing renewables. Ms. Sirvis suggested the Common Area for Dogs Committee be consulted along with the Parks and Recreation Committee. She also felt more attention should be paid to pedestrians, not only to bikers. She noted she has almost been run over by bikers. Ms. Milizia asked how a committee gives input if that committee is not identified in the document. Ms. Baker said the document will be distributed to all committees who can then provide feedback. CITY COUNCIL 15 NOVEMBER 2021 PAGE 4 Mr. Cota moved to approve the City’s FY22 Policy Priorities & Strategies as presented. Mr. Barritt seconded. Motion passed unanimously. 7. Hold a Public Hearing on the Tax Increment Finance District Substantial Change Request and consider possible approval of substantial change: Ms. Blanchard noted that the request updates the project list, timeline, cost and revenue projections. The projects being removed are: the parking garage, stormwater mitigation, urban park and festival street, and recreation center. The cost has been reduced from $97,000,000 to $62,000,000, and the TIF funding from $54,000,000 to $29,000,000. Ms. Blanchard stressed that there is very little change to the value of the TIF district, from $311,000,000 to $310,000,000. Ms. Blanchard noted that regarding TIF funding, accounting is over the entire life of the TIF district (a 20-year period), not on an annual basis. Ms. Riehle asked why stormwater mitigation is off the list. Ms. Blanchard explained that there was an opportunity early on for a joint stormwater pond that could serve all public/private development. It has not been required. There is also a restored wetland on the site. Mitigation does not receive permits from the State. The private sector is responsible for addressing wetland impacts on its own. Ms. Blanchard said the request will be considered in December. The city will be invited to that meeting. Ms. Riehle said the city has proven the “nay-sayers” wrong. Public comment was then solicited. There was no public comment. Mr. Barritt moved to close the public hearing. Sen. Chittenden seconded. Motion passed unanimously. Sen. Chittenden then moved to approve the submittal of the Tax Increment Finance District Substantial Change Request as presented. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 15 NOVEMBER 2021 PAGE 5 8. Discussion on Land Development Regulation amendments, data requests, and process: Mr. Conner advised that the Planning Commission will give a full presentation on 6 December. This will include additional graphics. He asked the Council if there are any information points, data, etc., that they will need, or questions they want the Commission to respond to. Sen. Chittenden said he would like to have an executive session to address legal issues. He also noted he has concern with the requirement for a Conservation PUD as opposed to having that as an option. He also would like to address the impact of the new LDRs on the grand list and on the overall housing stock in the city. Ms. Riehle said she would like to see a map of all the 4-acre lots that could be developed, and an estimate of how many houses there could be if all were developed. Mr. Conner said he would have to think about how to do that. It would have to account for how development has taken place as it relates to what could have been developed. He stressed that there are choices that can be made (e.g., the UMall property could have hundreds of developed units). In addition, all homes can have accessory units, and it’s hard to estimate how many there would be. Ms. Riehle said she would also like to see what the Arrowwood Report suggested and what the LDRs deliver. Mr. Cota said he would like to see how much currently developable land would be conserved. He also wanted legal advice on the issue of “a taking.” He did not feel the 10 January date was possible in light of potential modifications, edits, etc. Mr. Barritt agreed with the need for legal advice. He also agreed with everything else that had been said. Ms. Emery wanted to know where new neighborhoods would occur and what “walkable” means (e.g., to where?). She also wanted to see where the LDRs stand in relation to the Arrowwood report. Sen. Chittenden said he shares Ms. Dooley’s stated concerns. CITY COUNCIL 15 NOVEMBER 2021 PAGE 6 9. Discuss Vermont Attorney General Opioid Settlement and consider whether to participate in the negotiated opioid settlements: Mr. McNeil reviewed the history. He noted that communities have to sign up by 2 January 2022 in order to participate in the settlement. He asked if the Council needed more information. If the City participates, it would receive $340,000 from distributors over a 20-year period and $78,000 from manufacturers over a 10-year period. Sen. Chittenden said he is inclined to support this. He asked what other communities are doing. Mr. McNeil said he has heard of no resistance. Mr. Cota said he is also inclined to support it. He asked how the community would draw down the money. Mr. McNeil said there would be restrictions as to how the money could be used. Mr. Barritt moved that the City of South Burlington participate in the national opioid settlements in the lawsuit brought by the State of Vermont against pharmaceutical distributors McKesson, Cardinal Health, and AmerisourceBergen and pharmaceutical manufacturer Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson and authorize the City Manager or her designee to register on the national opioid settlement website to participate in the settlements and authorize the City Council Chair to execute all formal documents required for participation in the settlements. Mr. Cota seconded. Motion passed unanimously 10. Councilors’ Reports from Committee Assignments: Ms. Riehle: There will be an Airport Commission meeting on Wednesday. They are working on a job description for the Airport Director. 11. Other Business: Mr. Barritt asked about an abandoned property (e.g., ownership, who pays taxes) and what influence the city has. Mr. Bolduc noted that one of the heirs has inquired about a demolition permit. He did not know if there had been any follow-up. Mr. DiPietro said he had heard some of the discussion about the concerns with upgrading stormwater systems. He provided an overview of what is happening at Ledge Knoll and Overlook where there is no homeowner’s association. The city is trying to help them deal CITY COUNCIL 15 NOVEMBER 2021 PAGE 7 individually. Mr. DiPietro noted that in May, the City Council approve an SRF loan for $675,000 to get projects ready, and there has been ongoing work to get the engineering done. The hope is that there will be funding for the construction. Mr. Cota asked who holds the permits. Mr. DiPietro said they run with the land. Ms. Emery asked how many homeowners are involved. Mr. DiPietro estimated about 60 at Ledge Knoll and 60 at Overlook. Mr. DiPietro said the aim is for people not to have a clouded title to their properties which is what would happen if the documents are not filed by 1 December. He stressed that they have been doing a lot of outreach. It is very individual and very time-consuming. 12. Consider entering executive session for the purposes of discussing pending contract negotiations and receive confidential attorney/client communications regarding the same: Mr. Barritt moved that the Council make a specific find that premature general public knowledge of the Council’s discussion regarding pending contract negotiations would clearly place the City at a substantial disadvantage. Sen. Chittenden seconded. Motion passed unanimously. Mr. Barritt then moved that the Council meet in executive session to discuss pending contract negotiations and to invite into the session Ms. Baker, Mr. Bolduc and Mr. McNeil. Sen. Chittenden seconded. Motion passed unanimously. The Council entered executive session at 8:30 p.m. Following the executive Session, as there was no further business to come before the Council Mr. Barritt moved to adjourn. Mr. Cota seconded. Motion passed unanimously. The meeting was adjourned at 8:59 p.m.