HomeMy WebLinkAboutMinutes - City Council - 09/06/2022 CITY COUNCIL 6 SEPTEMBER 2022
The South Burlington City Council held a regular meeting on Tuesday, 6 September 2022, at
6:30 p.m., in the Auditorium, 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; P. Conner, Director of
Planning & Zoning; T. DiPietro, Public Works Director; M. Machar, Finance Officer; B. Milizia, B.
Sirvis, kA. Jensen-Vargas, C. Freeman, L. Chiasson, L. MacLeish, S. Dooley, C. Trombly,J.
Bellevance, V. Bolduc, C. McQuillen, E. Krasnow, D. Peters, S. J. Palmer, D. Mullin, M. Joy
1. Instructions on exiting building in case of emergency and review of technology
option:
Ms. Baker provided instructions on emergency exit from the building 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:
No issues were raised.
4. Announcements and City Manager's Report:
Council members reported on meetings and events they had attended:
Mr. Cota: VTrans has been awarded $9,200,000 for non-gas buses.
Mr. Barritt: Noted a traffic/access issue at the Richmond MRF site and advised drivers to use
both lanes to access the MRF point.
Ms. Baker: UVM will be investing $22,000,000 in housing (500 beds) in City Center. Mr.
Barritt asked if there units will be below market rate. Ms. Baker said they will not. If UVM
doesn't fill all the units, they will be made available on the open market. There will also be
commercial space on the ground floor.
CITY COUNCIL
6 SEPTEMBER 2022
PAGE 2
Senior Firefighter Roger Pidgeon retired on 1 September after 20 years of service
to the Community.
Marty Gillies has been hired as a development planner.
Dorset Street will be repaired during the next few weeks.
On 20 September, at 5 p.m., the Public Art Committee will be dedicating "Goose
Park."
The State Auditor for TIF will be in the city next week.
The Council and Planning Commission will hold a joint meeting on 27 September,
7 p.m.
Ms. Nichols and Ms. Baker are working on school impact fees.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Ratify the City Manager's execution of the Third Amendment to the "Closing,
Assumption and Priority Agreement"for the Farrell Street Senior Housing
Limited Partnership
c. Authorize City Manager to execute and submit for the City Clerk for recording a
replacement irrevocable offer of dedication related to garden Street.
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed 4-0.
6. Receive an Accounting of current American recovery Plan Act (ARPA) allocations
and expenditures:
Mr. Bolduc said just over$2,500,000 has been allocated. Allocations include funding for 3
unfunded positions (Finance Officer, City Planner, and the increased cost ($58,000) of a new
ambulance. Mr. Bolduc also noted that the City had been looking at a 3%cost of living increase
which turned out to be higher. It is anticipated that this increase will be even higher for the
coming year.
CITY COUNCIL
6 SEPTEMBER2022
PAGE 3
Mr. Barritt asked why the ambulance is so much more expensive. Mr. Bolduc said there is more
demand than supply. Ms. Baker said this is a very common occurrence now, and it should be
considered when doing the upcoming budget.
Ms. Emery asked if any city vehicles are being moved to electric. Mr. Bolduc said they are. He
also noted the higher cost for this. The city is also building charging stations at the Public
Works Department. Ms. Emery asked if emergency vehicles would ever be electric. Mr. Bolduc
said the technology isn't there yet, and the cost would be 2 to 3 times more. Ms. Riehle noted
there is a 2 year wait for electric trucks, and if the city were in need of one, they might have to
buy a gas vehicle.
Mr. Bolduc noted the city has one fully electric vehicle. Chief Burke has just put in an order for
police cars for the fleet.
Mr.Barritt then moved to approve the reallocation of FY22 unspent ARPA funds as presented to
pay the overage on the new ambulance purchase and, beginning in FY23, the balance to fund
salary variances in the three refunded City staff positions. Ms. Emery seconded. Motion
passed 4-0.
7. Receive LDR-22-05 & 22-06—Proposed amendments to Land Development
Regulations for the Expansion of Development Rights program applicability and
legal/technical corrections and consider setting a public hearing for 17 October
2022 at 7:00 p.m:
Mr. Conner reviewed the history of the TDR Committee's work and noted that the Planning
Commission focused on 4 policy priorities. These amendments represent the third phase.
The amendments retain the same policy in the Southeast Quadrant (SEQ). They enable more
receiving areas, specifically in higher density/mixed use areas. Along the Shelburne Road, Cl
and C2 areas, unlimited density is allowed with TDRs. Building bulk remains the same. In
medium density areas, caps increase at a 50% bonus. With TDR units, a portion has to be
affordable/inclusionary.
Ms. Emery asked if incentives were discussed. Mr. Conner said the Commission did discuss
some ways to adjust the market, possibly one TDR counting for 2 or 3 units. They decided that
as there are some unknowns as to what affect this would have on the market, to wait and
adjust it up at a later date rather than having to adjust it down.
CITY COUNCIL
6 SEPTEMBER 2022
PAGE 4
Ms. Riehle asked whether the sale of a TDR is recorded in a deed so it cannot be used again.
Mr. Conner said it is, along with a drawing of the area sold. That land can still be used for
agriculture or enjoyment but not for development.
Mr. Barritt noted that with the building bulk remaining the same, developers could build very
small units. Mr. Conner said there is a stipulation that there must be the same percentage of
bedrooms as market rate units. He did acknowledge that all units could be small.
Mr. Cota noted that the Court had upheld that TDRs are legal. He asked whether anyone has
yet challenged the property from which the TDR has been sold regarding the legality of the sale.
Mr. Conner said this has not happened in Vermont.
Mr. Barritt moved to warn a public hearing on Amendments LDR-22-05 and 22-06 for Monday,
17 October 2022, at 7:00 p.m. Ms. Emery seconded. Motion passed 4-0.
8. Receive recommendations from the Affordable Housing Committee and Housing
Trust Fund Committee to allocate ARPA funds to incentivize the development of
affordable housing and provide direction to staff on next steps:
Mr. Trombly reviewed the history and noted that the Committee had received 6 responses to
their RFT exceeding$3,000,000 in housing. The two committees then met for half a day to
discuss a decision that would best serve South Burlington. Both committees unanimously
approved (with one abstention) the proposal before the Council. That proposal has three
elements:
a. $300,000 to Cathedral Square for 28 units of housing for long-term care staff
b. $300,000 to Champlain Housing Trust to redevelop property on Williston
Road for transitional housing, upgrading 21 units.
c. $500,000 to Champlain Housing Trust to develop a Dorset Commons plot of
land owned by the city with the possibility of 16 affordable units.
Mr. Trombly noted that the Committees were also impressed with an application from Summit
for an additional $300,000.
CITY COUNCIL
6 SEPTEMBER 2022
PAGE 5
Two other proposals were received but were not "shovel ready," which the committees felt
was a criteria.
Mr. Trombly said the committees are asking to use $100,000 from the Affordable Housing Trust
Fund plus an additional $300,000 to fund the Summit proposal.
(Sen. Chittenden arrived at this point in the meeting)
Ms. Dimetreos of Champlain Housing said their project is to pay for infrastructure that will
allow the building of the homes. Mr. Mullin added that together Champlain Housing and Green
Mountain Habitat are building 16 homes for 16 families. The homes will be built behind the
former City Hall on land that the city controls. The city did some of the site work for
stormwater control. Mr. Barritt said if these homes are sold, the tax rate is less. Ms. Baker said
non-profit affordable housing pays 75% of the assessed value. Ms. Dimetreos said this is based
on the income approach to assessing property. She also explained what happens if a
homeowner sells a Habitat home.
Mr. Jameson of Summit explained their project, a portion of which is for formerly homeless
people. The 71 units will be all electric. The money they are requesting would be the last piece
of their financing so they could build this fall. They are hoping to pull permits in 4 to 6 weeks.
He added that after they had all their financing, price increases required the extra funding they
are seeking.
Ms. Riehle asked if there is any area for residents and dogs, "a dog amenity." Mr. Jameson said
there is a dog area in the Master Plan for the O'Brien project.
Ms. Jensen-Vargas of the Affordable Housing Committee said she was the abstaining member
because she did not feel there should be homes behind the Fire Station, especially with regard
to noise issues. Ms. Riehle noted that the Kirby Cottages near the Airport are especially well
insulated and sound proofed. Ms. Jensen-Vargas was concerned with people in their
backyards. She was also concern with young people crossing Dorset Street after dark. Mr.
Barritt said every South Burlington neighborhood has some sort of traffic noise. Mr. Mullin said
their homes will be very well insulated. He also noted that housing today is very different from
what was built 10-15 years ago. Ms. Dooley commented that she was amazed how little traffic
noise she could hear in the front bedroom of the Green Mountain Habitat home on Hinesburg
Road. She added that affordable housing is one way to address income disparity.
CITY COUNCIL
6 SEPTEMBER 2022
PAGE 6
Mr. Barritt asked whether affordable housing increases the demand for childcare. Ms. Riehle
said people can afford childcare more if they can afford where they are living.
Ms. Baker said she would like direction from the Council as to whom to enter into negotiations
with.
Mr. Riehle suggested they could fund the 3 projects and then discuss the Summit proposal
when they talk about other uses of ARPA money.
Sen. Chittenden said he is fine with the shovel-ready projects and would approve both tonight.
He was fine with considering the others at a later date.
Ms. Riehle said that home ownership resonates more with her than rentals. People who own
their own homes tend to be more rooted in the community. She would not want to put off the
Habitat project and not have it happen.
Mr. Bolduc stressed that the committees didn't see anything wrong with the Summit proposal;
it was just a question of how much money they had to work with.
Ms. Dooley noted that all the Cathedral Square buildings are built. There is virtually no assisted
care. All 34 units are now market rate, and they would become affordable.
Ms. Riehle said there is still money left from ARPA, and this is a real need, so potentially there is
a chance to do all the projects.
Ms. Emery then moved to award $300,000 to the Habitat project, 300,000 to the "Ho Hum"
project, and $500,000 to the Summit project, with $100,000 of the total to come from the
Housing Trust Fund. Sen. Chittenden seconded.
Mr. Trombly said the 4 proposals the committees moved forward represent the entire
spectrum from the Comprehensive Plan. He cited the compelling urgency for housing, and felt
this action will make a real impact.
Ms. McQuillen question whether there is room in the schools for this many more children. Ms.
Baker explained the potential for school impact fees.
In the vote that followed, the motion was passed unanimously.
CITY COUNCIL
6 SEPTEMBER 2022
PAGE 7
9. Review the ARPA survey report and data and provide direction to staff:
Mr. Bolduc said the city received 351 responses to the survey which is close to the target for a
community of this size. He then provided information on the responders:
a. 62%of responders were property owners
b. 30%were 31-45 years old
c. 56%were female
d. 33%were from the SEQ; 18% from the Chamberlain/Mayfair Park areas
e. 37%were over age 61
f. Responders were more educated that in census data
With regard to the impact of COVID, the big response was "socially." Other responses were
housing vulnerability, scheduling of medical appointments, more bike safety with less traffic,
child care issues, and mental health issues.
With regard to changes people would like to see continue, responders cited remote work
options, Zoom, general flexibility, masks. Some people said "none."
With regard to potential uses for ARPA funds, the#1 concern was child care. This was followed
by water/sewer/stormwater projects, high-speed internet, income disparities, local business
support. Public art was the lowest vote getter.
Ideas for funding support include recreation spaces (#1), community pool, bike/ped
infrastructure, affordable housing, climate change, open space, paving, transit services, social
services. A lot of people responded "use the money wisely, not to pay down debt."
Mr. Bolduc then outlined the remaining questions:
a. Should there be more outreach
b. Any changes in value statements
c. Any additional staff feedback regarding investment areas
d. Time line: should this be part of the FY24 budget process?
Ms. Riehle questioned what the community can do about the child care issue. Ms. Baker said
there are some advocacy organizations in the state the city could research with.
CITY COUNCIL
6 SEPTEMBER 2022
PAGE 8
Ms. McQuillen suggested the possibility of a child care element in some affordable housing
facilities.
Mr. Killacky said the Council should also look at what the committees are recommending. He
noted the Public Art Committee presented 30 possible proposals. Ms. Freeman of the Parks
and Recreation Committee agreed and suggested having committees come in with their
proposals.
Ms. Dooley suggested putting out an RFT for$1,000,000 for childcare to see what kind of
creative solutions could be garnered. Mr. Cota agreed. He said that wouldn't mean they would
have to spend the money.
Ms. Emery said she also saw a recommendation for covered areas at bus stops, and there are
also neighborhoods with broken sidewalks and no access to child care.
Ms. Riehle suggested a possible special meeting, inviting some childcare people to come. Sen.
Chittenden agreed.
Mr. Barritt said COVID damaged the community, and they should find things to do to repair the
damage so the city is more resilient if it happens again. He noted that a large number of
women were removed from the workforce which resulted in the closing of childcare facilities.
Ms. Baker said that information from this survey can be used in discussions regarding the
Comprehensive Plan, the budget, etc. She suggested giving the committees 2 months to
respond, then hold a special meeting.
10. Receive an update on the construction of the Wheeler Dog Park and options for
moving forward, and provide direction to staff:
Mr. DiPietro said there were issues when installing the fence. He directed attention to maps
and noted the presence of ledge and uneven topography. What is now fenced in is half of the
2.2 acres approved by the DRB. He agreed with the need to make the area more accessible to
all users.
Mr. DiPietro then presented a list of recommendations going forward:
a. Replace the wood chips with crushed stone
CITY COUNCIL
6 SEPTEMBER 2022
PAGE 9
b. Rearrange the fence
c. Be ADA compliant
d. The sidewalk at the corner can be expanded .3 acres and fenced in (cost
$6600)
e. An additional .1 acre would be a very wet area, and they would have to do
some drainage work to dry it out (cost $4400).
f. The large area to the east is a steeper slope with 2 drainage areas. That is
why it was not fenced in. The concern is with people slipping and falling.
This would require site work to even out the divots, etc. There is also a
concern with maintaining the area which could damage equipment. Ms.
Emery noted the Committee has spoken of taking over maintenance. Mr.
DiPietro said there is a liability question, and he would prefer to have his
people do it.
Ms. Baker said the public needs to know the cost of maintaining the area.
Mr. Cota said his preference is to first fix the entrance as soon as possible, then expand it He
felt they could expand to the east with the understanding that this will not be a "mowed
football field." Sen. Chittenden agreed. Mr. Cota added that they would have to go to the DRB
for item "f." Ms. Baker felt they could do items "a" through "d" and open in late fall. They
could then discuss the other items.
Ms. Milizia asked to add the possible additional acreage to the map. She also said the trench
built for drainage should be looked at, at least along the northern border. She asked that the
Committee be consulted on any changes and why the things they have recommended are not
included.
Mr. Cota moved to do items "a" through "d" with monies to come from the budget surplus.
Ms. Emery seconded. The motion passed unanimously.
Ms. McQuillen noted that weddings are booked through 2024 and asked for an understanding
that there be no dogs during a wedding. Ms. Baker said that can be discussed.
CITY COUNCIL
6 SEPTEMBER 2022
PAGE 10
11. FLY24 Budget: Discussion and approval of the FY24 Budget Calendar:
Mr. Bolduc said the schedule will be similar to the FY23 schedule with 3 meetings to present the
budget. The next Council meeting will include budget goals for FY24 and an overview of where
the city is in the current fiscal year.
Mr. Barritt moved to approve the FY24 Budget Calendar as presented. Ms. Emery seconded.
Motion passed unanimously.
12. Approve a Voting Delegate for the Vermont League of Cities and Towns Town Fair:
Ms. Baker said the Town Fair is on October 6 and 7. She is willing to be the voting delegate.
Mr. Barritt moved to appoint Ms. Baker as voting delegate to the Vermont League of Cities and
Towns Town Fair. Sen. Chittenden seconded. Motion passed unanimously.
13. Other Business:
No other business was presented.
14. Consider entering executive session for the purposes of:
a. Discussing real estate negotiation and the future use of the Open Space Fund
b. Discussing the employment and evaluation of a city employee
Mr. Barritt moved that the Council enter into executive session for the purpose of discussing
the negotiation or securing of real estate purchase or lease options and to discuss the
appointment or employment or evaluation of a public officer or employee, inviting into the
session Ms. Baker, Mr. Bolduc, Mr. Conner and Mr. O'Neil. Ms. Emery seconded. The motion
passed unanimously, and the Council entered executive session at 10:10 p.m.
Following the Executive Session, 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 10:30 p.m.
Clerk