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HomeMy WebLinkAboutMinutes - City Council - 08/20/2012CITY COUNCIL 20 AUGUST 2012 The South Burlington City Council held a regular meeting on Monday, 20 August 2012, at 5:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: R. Greco, Chair; S. Dooley, P. Engels, H. Riehle Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; P. Conner, Director of Planning & Zoning; J. Rabidoux, Director of Public Works; I. Blanchard, Project Manager; T. DiPietro, Stormwater Superintendent; K. Murray, Development Coordinator; Mayor M. Weinberger, City of Burlington; Col. Clark; J. Knapp, M. Emery, J. Dinklage, G. Maille, M. Young, B. Goldberg, D. Marshall, S. Dopp, B. Stuono, C. Spencer, D. Jacobowitz, P. Bridey, M. Cloutier, S. McClellan, Joe Larkin, John Larkin, G. Rabideau, B. Ducevich, J. Olesky, J. Pennucci, D. Davinci 1. Executive Session: Ms. Dooley moved the Council meet in executive session to discuss personnel, contract negotiations and litigation and to continue deliberative session on Interim Zoning Applications. Mr. Engels seconded. Motion passed 4-0. Mr. Engels moved the Council exit executive session. Ms. Dooley seconded. Motion passed 4-0. Regular Session: 1. Agenda Review: No changes were proposed. 2. Comments & Questions from the Audience, not related to the Agenda: Mr. Davinici: He is the General Sales Manager of Poulin Auto Sales. They have an inflatable gorilla on top of their building and have been getting fined. He asked how to get the regulations changed. Mr. Miller said the first step is to go to the Planning Commission for their consideration. He said this is not a simple process and can take months. Mr. Davinci said there are other balloon figures in the city. Mr. Conner said he would check to see is this is a Sign Ordinance appeal. Ms. Dooley asked if ordinances are part of the LDRs or if they are separate. Mr. Conner said they are separately adopted by the Council. 3. Announcements & City Manager's Report: Mr. Miller: Noted the resignation of Betsy Jackson from the Recreation Committee. Will attend the City Manager's luncheon. ICMA has renewed his "credentialed manager" status for another year. The Triathlon was held this Saturday. There was a tragedy in the swimming portion. The event in South Burlington went off well. Mr. Miller commended the organizers of the event and noted it was a great boost to the local economy in both Burlington and South Burlington. He added that both places are great to visit. Upcoming Council meetings will be held on 27 August, 4 September (instead of 3 September), 6 September (9 a.m.), and 18 September (instead of 17 September). The city has received the digitized information and maps from Nick Germanos. They will be enlarged and placed around the conference room. Council members were OK with sending information to the cities of Winooski and Burlington. Mr. Engels: Attended the BCA meeting. Ms. Riehle: Attended the BCA meeting. Ms. Dooley: The Affordable housing Committee toured affordable housing sites in South Burlington and Burlington. Had a discussion with the Planning Commission Chair regarding how the Council and Commission can work together to be sure their goals are complementary. The RFP for consultants was issued last Wednesday and is due on 7 September at Noon. Ms. Greco: Attended the BCA and Planning Commission meetings. Returned a call from Nick Germanos today. He said the final EIS is expected out in mid-October. The city will have 30 days in which to comment. Mr. Germanos also said there will be seven more rounds for F35 housings. Spoke with the Police Chief regarding vandalism at her home. Ms. Greco said "disagreement is different from being disagreeable." 4. Consent Agenda: A. Approve Minutes of 2 July & 16 July B. Sign Disbursements C. Approve & sign Vermont Municipal Bond Bank Refunding D. Approval to purchase a Chipper at a cost of $16,500. $11,000 from the General Fund and $5,000 from Stormwater E. Approve Resolution Amending 2006 Resolution regarding stormwater permits to allow acceptance of Individual Permits issued by ANR - item IE added: F. Review of Revised Language for Affordable Housing Committee Charge and SusAg/Food Security Task Force Charge Ms. Dooley asked to remove the Minutes of 16 July and the Resolution regarding Stormwater from the Consent Agenda. Mr. Riehle moved to approve the Consent Agenda minus the Minutes of 16 July and Item E. Mr. Engels seconded. Motion passed 4-0. Regarding the stormwater resolution, Ms. Dooley asked if consideration was given as to whether a fee should be charged. Mr. Rabidoux said no. Mr. Miller suggested looking at that at budget time. Mr. DiPietro said there are general and individual permits. This gives the city authority to take over individual permits. Mr. Young asked if this means the city will be taking over the responsibility for renewals, etc. Mr. DiPietro said it does. Ms. Dooley moved to approve the Resolution Amending 2006 Resolution regarding stormwater permits to allow acceptance of Individual Permits issued by ANR. Mr. Engels seconded. Motion passed 4-0. 5. Presentation of Plaques for Service on the City Council for former Councilors Meaghan Emery and Jim Knapp: Ms. Greco read the plaques and presented them to Ms. Emery and Mr. Knapp. 6. Council Discussion Toward Establishing a Mutually Beneficial Relationship between the City of South Burlington and Our Impacted Neighborhoods, BIA, VTANG, and how to include other municipalities in the discussion - First Steps: Mr. Miller spoke of the desire to work together on issues that affect the city daily (e.g., noise, traffic, etc.), and to help to figure out how to address these issues together. Burlington Mayor Weinberger and Col. Clark were invited to join the Council at the table. Mayor Weinberger said there have been a number of productive meetings with Mr. Miller and Airport people since he has taken office. He noted the City of Burlington is coming through a difficult time, marked by distrust on a number of issues. He felt this impacted the relationship with the Airport and with South Burlington. He hoped that era was behind us and that when his administration, the South Burlington Council and Airport speak, there will be clarity with the information South Burlington is receiving. Mayor Weinberger added that he thought this is the beginning of a new era of communication and partnership. The Mayor noted that the Airport has come through a challenging time. For the second year in a row, it has met its debt obligations, and there is a conscious effort to plan for the future. There is a formal process that is just beginning, and the hope is to do this in the next 6 months. The committee involved in this effort will invite South Burlington to have an ex-officio member. The Mayor added that he would like to have the overriding emphasis be to have the South Burlington community survive and thrive, and he hoped South Burlington would like to see that for the Airport as well. Mayor Weinberger noted that he served on the Airport Commission for 9 years. He ran for Mayor because he was not happy with the relationship between the Airport and the City of South Burlington. He stressed the need to look at things that will benefit all communities and noted that the concern with regional problems is bigger than any municipality, especially in an area that values "local control." Col. Clark said there needs to be a venue where issues can be dealt with. He expressed the willingness to work with the communities on a working relationship with all of those who surround the Airport. Mr. Miller said there will be areas of disagreement (e.g., value of properties, stormwater), but even with these disagreements it shouldn't preclude the parties from working on other issues. Ms. Riehle applauded the strategy planning process and having a South Burlington person involved. She hoped that strategic planning will include some of the things South Burlington thinks are important. Ms. Dooley spoke to the need to look at relationships on a macro and micro level. She questioned the relationship of the "vision" with the Airport plan...adding emplanements...more noise. She said they need to get their hands around the noise issue and what can be done to mitigate that to address quality of life in the nearby areas. She added that she gets calls from people who feel they are "treated as troublemakers" if they call regarding noise issues. Ms. Greco noted that in the past South Burlington wasn't included in the planning process, or was included too late to matter. She cited the lack of a focal point for citizens' concerns, particularly for those not getting answers on housing concerns. She stressed that these concerns are legitimate. She also noted the questions of hazardous materials being found in some of the homes that are to be demolished. Col. Clark said he is the person charged with coming to meetings and providing information. The person to contact regarding noise complaints is Lt. Col. Lloyd Goodrow at 802-338-3324 or Lloyd.Goodrow.@us.army.mil. Mayor Weinberger noted there wasn't a great deal of "buy-in" from the Airport Commission of the Burlington City Council on the Airport's "Vision 2030." It was felt to be more of a business plan. He added that the parties won't always agree, but they need to respect each other's position. He felt there is now greater clarity for communicating with each other than there was a few months ago. He felt the housing issue is one where good communication can be very productive. He saw the need for a new plan that everyone can feel good about. Ms. Greco asked whom people can contact for information on their home. Mayor Weinberger said he will make sure Mr. Miller gets that contact. Ms. Riehle asked whether strategic planning includes what will happen with houses/property. Mayor Weinberger said creating a plan for that area is one of the tasks that committee has been given. He felt this is something they need to "get their arms around" soon. Col. Clark said there are military planes that come to South Burlington to train, and they are not an issue of local noise generation. Mr. Miller asked whom the city can contact about that. Ms. Greco asked if there is a schedule that can be released to the public as to when the local Guard flies. Col. Clark said their usual schedule is 9 a.m. take offs on Tuesday-Friday with a return about 45 minutes to an hour and a half later. There are also some afternoon schedules. Weekend schedules are usually the first or second weekend of the month, not usually before noon on Sunday. Ms. Greco said there was discussion that the Airport was to monitor noise levels, so if there were changes South Burlington would be notified. She was not sure this was happening. Ms. Dooley raised the question of whether other things can be done with federal money other than buying homes. She felt they should consider what is best for the Airport and the neighborhood, and people from the neighborhood should be able to participate. Mayor Weinberger agreed. He noted federal money has been used for acquisition. There is a possibility to use that money for other things. He added there is an openness to having that discussion. Col. Clark said when the EIS came out, there was a need to get information out to the public. He envisioned a public relations committee, but the lead agency is the Airport. He said the Guard is willing to do what they can to help. Mr. Miller said clearly there is an information gap, and they need to keep discussion how to address this. Meaningful information from the neighborhoods is essential. He added that the City of Winooski also wants to participate in those discussions. Ms. Greco said she thought there should be a joint group with Burlington, South Burlington, Winooski, Williston...all those affected by the Airport. She added that in the past, South Burlington has had such a small vote..."you're present but you don't count." She would like to see a committee where all entities are equal. Mayor Weinberger said he understood that concern. He echoed Mr. Miller's idea to continue to work on issues together. He added that there are other areas in which the communities can work together, not just the Airport. Mr. Maille said State Statutes allow Burlington and South Burlington to form a committee with a different mission, with equal voting rights, and with legislative powers and authorities. He cited 5VSA, Chapters 15 and 17. Mr. Stuono cited the often said "importance of the Airport to the economy of the region," but he noted the "region" has no seat. He felt the Airport should be regionally managed. He said the problems won't go away until everyone has a vote. Ms. Emery said the former South Burlington City Manager had said, "This isn't the place for an Airport." She felt that should be on the table. She said there are still compatible places that are more rural where options for expansion and growth wouldn't take away homes and communities. Mr. Young asked if the properties being purchased become an extension of Burlington and would someday connect to Burlington. He also saw the need for sound barriers to keep noise under control in areas affected by engine run-ups. 7. Review of Comments on the Complete Streets Project and Consideration Regarding Making the Trial Permanent or Abandoning the Experiment: Mr. Rabidoux said they received over 200 communications. Assigning one vote per person, the tally was 91 in favor, 75 against with 2 neutral. They did no further breakdown. One comment indicated this was not the time of year to do a complete streets study, but traffic counters is in the state, including one in Williston, indicate the 3 months with the highest daily traffic are June, July and August. Another concern raised was what will happen in the winter when people can't see the road. People in Essex and Burlington, where there are similar complete street projects, indicate that things are no better or no worse than other streets. Mr. Rabidoux added that winter is a challenge for all streets. Mr. Rabidoux said the highest level of congestion was at 5 p.m., and there is congestion anywhere at that time. The Rec Path Committee, which did traffic counts, found there was no drop in traffic counts during the study. At no instance were vehicles held for more than one traffic light cycle. Public Works measured queue lengths and saw a variance during times of day. Traffic flowed at an acceptable level. At some times, there were longer lines of traffic in both directions. It is harder to enter onto Williston Road from the side streets, especially in the morning and peak periods. The Police Department looked at accidents from 2011 and 2012. In 2011, there were 4 accidents on that stretch of road, and in 2012, there were 5. All 5 of those accidents had no injuries and resulted from a failure to yield. Both Public Works and the Regional Planning Commission feel there is no adverse impact on the corridor. Mr. Rabidoux asked if the Council can make a decision at this meeting so information can be given to the State. He added that the Rec Path Committee wants to continue the complete streets east to Milham Court. Ms. Greco asked if any evaluation was done on the side streets. Mr. Rabidoux said there is no empirical data. Some comments indicated an issue. Mr. Engels said he got on message asking to turn the sidewalk into bike paths as it is dangerous to have the bike path on the road. Mr. Rabidoux said he agreed. But the only direction in which the city owns land is toward the road, and that would bikes closer to the road. There is some room to move curbs, but this would be a major investment. Ms. Greco commented that traffic seems to be moving much slower than she recalls. Mr. Rabidoux noted they had been in contact with the School District which has 6 stops in the corridor. They won't change how they operate. Ms. Emery said the 2 lanes at the light are good. She also has notices no increased traffic on her street. Mr. Spencer of Local Motion said it feels more like a neighborhood. Ms. Dopp said it is not a "raceway" and people are going slower. A resident of Mayfair Park said he has been commuting by bike and it is a good experience. Mr. Cloutier noted that bikes can't provide lights the same as cars do, and yet they want to share the road. He said he wouldn't take his kids riding in a road next to car traffic. He proposed a wider bike path, similar to Kennedy Drive, one side of Williston Road. In doing his own survey, he counted 1500 cars, 4 bikes and 5 pedestrians. He felt the numbers don't justify it. Mr. Engels asked if they are going to move lanes at the Sheraton, why not do it here. Mr. Rabidoux said they can, but it is very expensive. The city owns the road and can do what it wants; they just need to pay for it. Ms. Riehle then moved to make the Complete Streets project permanent and extend it to Milham Court. Ms. Dooley seconded. Motion passed 4-0. 8. Presentation Regarding Proposed Creation of a Tax Increment Financing - TIF - District: Mr. Miller noted there will be a formal public hearing at the next Council meeting. He also noted the plan is on the city's website. Ms. Blanchard explained that a TIF is a financing tool to fund public infrastructure that would otherwise not occur. She stressed that figures presented area "moving target" until there are firmer cost estimates. Ms. Blanchard then showed a plan of the City Center and a plan of the TIF District. It is entirely within the "new town center" as designated by the State Legislature. She then explained how a TIF district funds public infrastructure: 75% of the increased taxable value stays with the city each year for 20 years, and 75% of the increase in city taxable value is also set aside to pay down the infrastructure debt. The process to create a TIF District includes application to the Economic Progress Council, establishment of a debt ceiling (voted on by the public), bonding for the TIF District, etc. Construction could begin in 2017. The increase in value would be set aside from that time. If property owners decide they can't develop (because of the economics), the city would have to pay that debt (these are essentially general obligation bonds). Benefits of the TIF District include: after 20 years, revenues are greater with no public investment, and the city can realize goals otherwise not possible. Ms. Blanchard then reviewed the time line. She stressed that it is always possible to build less and to amend the plan. The plan for the area includes making it an attractive space, including Dumont Park, a trail network, passive recreation, benches, interpretive signage, etc. A central "green" is planned with a quality streetscape on surrounding streets. The area would accommodate festival/event programming. Other features would include a City Hall, recreation building (no pool), community meeting rooms, green streets (stormwater infiltration). A very expensive feature of the area would be a parking garage with 400 spaces. It would be city owned and operated. On the Williston Road streetscape, trees would be added, and there would be an access management plan. There would also be the potential for a bike/pedestrian bridge over I-189. The estimated total cost is $36,000,000., with the city share at $20,200,000 (between 2014 and 2017). Mr. Miller noted this is a lot of money, but it occurs over 20 years. This is what it costs to create a sense of place. It is also a fraction of what Winooski spent. Ms. Blanchard noted the private sector would have some responsibility for infrastructure in the future (San Remo Drive, a boulevard from Williston Road to the central green, additional public parking, any small streets, footbridges, etc.). The proposed resolution decided: 1. Endorsement of a TIF District 2. The city's match percentage of the educational tax increment set aside 3. Creation of the district and establishment of the boundaries. Ms. Greco asked if there are any costs if the city decides not to do this. Mr. Miller said there are fees of about $22,000.00 plus the time and effort. Mr. Miller said that voters would vote on the total debt ceiling and on each individual project. Mr. Engels asked about the relationship to form based codes. Mr. Miller said the TIF District can occur with or without form based codes. Form based codes can inform what the City Center will look like. The TIF District will pay for it. 9. Interim Zoning: Continued Public Hearings: A. Continue Public Hearing for Interim Zoning Application #IZ-12-06, John Larkin, 40 units PUD (Phase 1 of 71 unit project), 201 Allen Road: Mr. McClellan showed the location on the plan and noted it is an open field with treed areas. They have done a wetland survey and tree-line studies, borings, etc. They also talked with neighbors to get their views. They came to the city with a plan in June, September, October, and December, 2011. They got the DRB OK in December, and then interim zoning came in. Ms. Greco said they need to show how this plan will further the goals of interim zoning. Mr. McClellan said it will address affordable housing with smaller duplexes, similar to the Orchards, with streets without curbs to keep infrastructure costs down. Mr. Joe Larkin said the costs will be in the affordable housing ballpark. With regard to open space, Mr. McClellan showed the tree line and a large area to be left open. There is a single family lot in the R-1 zone. With regard to sustainable agriculture, there can be community gardens or individual gardens. He showed an area for community gardening. Mr. McClellan estimated that about 1/3 of the property would be left untouched. Ms. Dooley noted that the affordable housing idea is to target appropriate families and asked if there is a plan for that. Mr. McClellan said not at this point. He felt they can make this an inexpensive project to build. Ms. Greco noted receipt of a letter from Mr. Sylvester objecting to the number of units. John Larkin noted that Mr. Sylvester lives beside the land they are not going to develop. Ms. Dooley moved to continue IZ-12-06 until 18 September and engage in a deliberative session in the interim. Ms. Riehle seconded. Motion passed 4-0. b. Continue Public Hearing for Interim Zoning application #IZ-12-07, Rye Associates, 52 Unit PUD with 20,000 sq. ft. of commercial space in 4 buildings: Mr. Marshall said they can create secondary benefits to sustainable agriculture. There will also be a pocket park on the property. The "Farm to School" program will be using this property for access and water. Mr. Marshall said this is an infill project with TDR components. It is a good receiving area that will promote agriculture in other parts of the city. He raised the question of how much obligation a property owner should have in this regard. Mr. Rabideau said the soil characteristics are not prime agricultural. They are second to the bottom of the list, very clay based throughout the whole piece of land. The TDR process would allow for 40 acres of land to be preserved. Regarding affordable housing, there will be a variety of housing types, 6 multi-family units, 14 cottage style. They can't strike a deal with an agency until they have something to sell them. He also noted that most agencies are committed till 2014. He said there could be a stipulation that an affordable housing plan be reached. Mr. Rabideau said this is as close as a project can come to meeting the goats the Council has laid out. Ms. Dooley said she appreciates the units and design here. She wasn't sure the Council had authority to make stipulations to where TDRs come from. Ms. Greco said the more space they can get for agriculture, the more affordable housing, the more open space, the more attractive it will be to the Council. Mr. Rabideau said they can't make all units affordable. Mr. Ducevich said they can deliver homes at $238,000. They are doing that now. The beauty of a project is that you shouldn't know which units are affordable. In Burlington, you can tell. The problem is the cost of doing it. He said they need direction as to how many affordable homes. Mr. Rabideau said it would make a big difference if the city could mitigate some of the regulatory things. He stressed that without density, you can't deliver affordability. Ms. Dooley said she would be impressed with 10 affordable units. Mr. Engels then moved to continue IZ-12-07 to 1 October 2012 and to deliberate in the interim. Ms. Riehle seconded. Motion passed 4-0. C. Continued Public Hearing for Interim Zoning Application #IZ-12-08, 900 Dorset Street, LLC: construct three unit multi-family dwelling on lot with existing single family dwelling, 900 Dorset Street: Mr. Olesky presented supplemental information to the Council. He noted the plan has been revised to add a 2000 sq. ft. area for a community garden (this could involve a partial coop with NGA). A parking lot on the southeast corner has been reduced to allow more open space. There is also more screening. They will coordinate with the City Arborist. They will extend the hedgerow along Dorset Park and will extend the sidewalk from Dorset Street to the proposed buildings. Regarding form based codes, Mr. Olesky noted they are in neither an urban or rural are. They are in a more transitional area. They feel they are maximizing both the residential potential and open space. They are proposing 3 new dwelling units and one existing unit. Mr. Engels suggested addressing form based codes by making the houses look like a barn or farm unit. He said that's what form based codes is about. Mr. Olesky noted there would be a garden in the southwest corner. One house will definitely meet the affordable range. All 4 potentially could. Mr. Engels moved to continue IZ-12-08 until 1 October with deliberation in the interim. Ms. Riehle seconded. Motion passed 4-0. d. Continued Public Hearing for Interim Zoning Application #IZ-12-10, John & Kathleen Pennucci, two lot subdivision, 1721 Dorset Street: It was noted that the applicant has asked for a continuance. Mr. Engels moved to continue IZ-12-10 until 1 October 2012 with deliberation in the interim. Ms. Riehle seconded. Motion passed 4-0. 10. Scheduling Joint Meetings: A. Possible dates for Steering Committee Discussion with School District: Mr. Miller noted it is the City's turn to be Chair of the Steering Committee. Ms. Dooley nominated Ms. Mackenzie to be Chair of the Steering Committee. Ms. Riehle seconded. Motion passed 4-0. Members agreed to proposed 19 September or 3 October as potential meeting dates. B. Possible dates for joint meeting with Planning Commission: Members agreed on 12 September, 7 p.m. (6, if possible). 11. Other Business: A. Minutes of 16 July: The spelling of Mr. Palombo's name was corrected. The word at the end of line 5, second paragraph on p. 4 was corrected to "the." On page 7, item 16, it was Ms. Greco who summarized the Air Guard petition signatures. Ms. Riehle moved to approve the Minutes of 16 July as amended. Ms. Dooley seconded. Motion passed unanimously. B. Items for Future Agenda: Ms. Greco said they should speak with the Natural Resources Committee regarding the open space element of interim zoning. Ms. Riehle said she would be willing to act ex officio to that effort. Mr. Miller said he would consider how to staff this. Ms. Greco noted she got a call from Robert Rich regarding bike path maintenance. Ms. Dooley noted receipt of a call from a CPA in Burlington with concerns about the proposal to have the City Clerk hire and fire staff. As there was no further business to come before the Council, Ms. Dooley moved to adjourn. Ms. Riehle seconded. Motion passed unanimously. The meeting was adjourned at 11:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.