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HomeMy WebLinkAboutMinutes - City Council - 11/07/2022 CITY COUNCIL 7 NOVEMBER 2022 The South Burlington City Council held a regular meeting on Monday, 7 November 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; C. McNeill, City Attorney; P. Conner, Director of Planning & Zoning; I. Blanchard, Community Development Manager; B. Sirvis, D. Albrecht, L. Smith, R. Gonda, D. Peters, L. Bailey, G. Nelson, A. Rowe, E. Quallon, N. Hyman, A. Chalnick, M. Mittag, J. Bellevance, C. Rainville, S. Dopp, M. Abrams, M. Murray, J. Louisos, C. Freeman, C. Trombly, L. Murphy, A. Guyette, D. Giambatista, H. Bik, B. Barber, K. Moore, S. Saperstein, M. Simoneau 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: Mr. Barber, a Trustee of the Community Lutheran Church, spoke of concern with a tent encampment behind Church property which has been there for 3 weeks. The access to the area is through Church property. When the Police were notified, they told Church people that it was OK for the "campers" to have a fire there. Mr. Barber said that if the Church wants to have a tent on its property, they have to get a permit. He felt this is a city issue as the sanitary conditions are deplorable, and the "campers" have ripped off the gate to the Church dumpster. There are also safety concerns. Ms. Baker said the city has known about this since mid-September and is trying to relocate these people to safe housing. At this point, they don't seem to want to leave. Ms. Baker said she would like to bring a policy to address this to a future meeting. Mr. Albrecht cited poor conditions at the Farrell Dog Park and also said it needs lighting. He felt frustrated seeing this park ignored. This is an area where the city wants to put housing which will result in more pets. He said it feels like this section of the city is ignored. CITY COUNCIL 7 NOVEMBER 2022 PAGE 2 Mr. Albrecht asked if there is any consideration being given by the City Charter Committee to having a "ward" system. Ms. Emery said that is being considered. Ms. Moore spoke to the need to ban gasoline-powered leaf blowers. She noted that 30 minutes of use uses the same amount of gas as driving from Alaska to Texas, which is harmful to health. Mr. Gonda and Ms. Saperstein agreed and said this was important to deal with. Mr. Mittag said many communities have banned them, and the difference in price for an electric leaf blower is only about $20.00. 4. Announcements and City Manager's Report: Council members reported on meetings and events they had attended. Mr. Cota added congratulations to the State Champion SBHS Boys Soccer team. Ms. Baker: Urged residents to vote in the 8 November election. She noted that people now voting at City Hall will be voting in the Senior Center. At a meeting with Let's Grow Kids, there were a number of ideas for providing childcare. The FY24 budget development process is proving very difficult. The COLA is 7.42. Options will come to the Council on 5 December and the numbers will be bigger than in past years. The Public Safety Authority is struggling as to how to start up. This will be on the next agenda. Effort is being made to fill staff vacancies. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve minutes from 19 September, 27 September (joint meeting with Planning Commission), 3 October, and 17 October c. Receive the September financials d. Approve the ARPS/Housing Trust Fund grant agreement to Summit at O'Brien Farm and authorize the City Manager to execute CITY COUNCIL 7 NOVEMBER 2022 PAGE 3 e. Approve the loan documents related to the Vermont Community Development Program grant award to Summit at O'Brien Farm and authorize the City Manager to sign all related documents f. Approval of Road Impact Fee credit requests for construction at 303 Market Street and 112 Garden Street g. Approve application for a USDOT"Strengthening Mobility and Revolutionizing Transportation" grant to pilot adaptive technology h. Authorize City Manager to execute a replacement irrevocable offer of dedication related to O'Brien Farm Road Mr. Cota expressed concern with the 4,000 hours of Fire Department overtime for one quarter when the total for last year was 6,000 hours. He cited the tremendous amount of work done by the Department to keep the city safe. Mr. Cota also cited the new affordable housing in connection with the O'Brien family project. Ms. Emery noted that the Police Department is also understaffed and has had a busy month. Mr. Cota moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion passed 4-0. 6. Public Hearing: On an ordinance to regulate fuels for heating and hot water in new construction: Mr. Cota recused himself from this discussion due to a potential conflict of interest. Mr. Barritt moved to open the public hearing. Ms. Emery seconded. Motion passed 3-0. Mr. McNeill noted this is the second reading of the Ordinance and suggested a motion to waive the reading of the entire ordinance. Ms. Riehle moved to open the hearing under title only and to waive the reading of the entire ordinance. Mr. Barritt seconded. Motion passed 3-0. Mr. McNeill said the ordinance is similar to the one passed by the City of Burlington. He noted waivers regarding hot water. The ordinance will go into effect in February and will affect all new buildings whose permits become effective after 15 February 2023. The city would appoint CITY COUNCIL 7 NOVEMBER 2022 PAGE 4 a building inspector who would certify that a building is in compliance which would allow the issuance of a Certificate of Occupancy. Public comment was the taken as follows: Mr. Smith: Thanked the Council and said, "We are on a highway to climate hell." Mr. Giambatista: (Director of Public Affairs for Vermont Gas Systems). Vermont Gas serves 7500 residences. They are trying to provide insulation and reduce and displace fossil fuels by developing alternatives using State-wide guides. They are also piloting ways to install heat pumps. He noted that energy costs have increased recently, and this Ordinance could drive costs up even more. He asked the Council to be sensitive to any cost that could be imposed at the local level. Mr. Abrams: He as "dreamt" of biogas usage. Dependence on fossil fuels is like an addiction, but the medical profession learned the problems with total withdrawal. He urged due diligence and said the immediate opposite poll is not the answer. Just to ban fossil fuels has "an hysterical tone." He recommended tabling the issue for further study. Ms. Dopp: Endorsed the Ordinance and said we are obligated to do as much as possible at the local level. Ms. Freeman: GMPs energy mix is 40% nuclear and 40% hydrogen. In 2032, we will no longer have Seabrook for nuclear energy. She felt that before we put restrictions on new buildings, there will have to be an energy mix. She has been told we cannot all have heat pumps. She added that natural gas emits less energy than wood pellets. She spoke with someone in Switzerland and learned that electricity itself isn't clean. She asked where the energy mix will come from if everyone is forced to go electric. That question should be answered before making a decision. Mr. Cota: New England will not have enough natural gas to heat this winter. If there is an extended cold snap, there will be major blackouts. Eleven percent of electricity comes from diesel fuels. He stressed that there are real consequences to moving away from fossil/diesel fuels, and diesel fuel is needed to keep the power on this winter, and there are now historic lows of diesel fuel. He was also confused by the fines and asked how they can be waived. CITY COUNCIL 7 NOVEMBER 2022 PAGE 5 Mr. Abrams: Cited a letter in The Other Paper regarding heat pumps and suggested that people read that. He said the Ordinance is "an over reach." Following public comment, Mr. Barritt moved to close the public hearing. Sen. Chittenden seconded. Motion passed 4-0. Mr. McNeill explained that if a heating source is changed so that it is no longer renewable, that property would be in violation and subject to a fine. Sen. Chittenden asked if fines can be waived. Mr. McNeill said "absolutely." The goal is compliance. Ms. Emery asked how Seabrook will no longer be providing energy. Mr. Barritt said their license expires in 2030, and there is a question of what will happen to them. He felt it is a legitimate question to ask. Ms. Emery said Ethan Goldman had told her there are some woodchips made specifically for biomass furnaces. She has been persuaded that having a diversity is a good thing as not everyone can be sustained with heat pumps. She felt there would be time to "adjust" is it became an issue. She is willing to go ahead, knowing there are very active members of the public following this. Mr. Barritt said developers have told him the use of mini-splits is here to stay, and that's where developers want to go. Technology will improve as years go on. This is a chance to codify changes we need, and he supports the Ordinance. Sen. Chittenden said he agrees with both Ms. Emery and Mr. Barritt. Ms. Riehle said she is very comfortable taking this step. 7. Potential action on an ordinance to regulate fuels for heating and hot water in new construction: Sen. Chittenden moved to approve an ordinance relating to building and building construction in regulating of heating and service water heating systems in new buildings as proposed to be ordained and considered by the City Council at the public hearing and without amendment. Mr. Barritt seconded. Motion passed 4-0. CITY COUNCIL 7 NOVEMBER 2022 PAGE 6 8. First reading of a Land Development Regulations change (#LDR-22-07 & LDR-22-08) to re-align zoning districts along Shelburne Road to enable auto sales in the vicinity of the former Hannaford and the Lowe's sites and prohibit auto sales in the area between the cemetery and the Lakewood Commons site on the west side of Shelburne Road. The review was initiated by a request from Tesla. And set a Public Hearing for 5 December at 8:30 p.m.: Ms. Louisos said the amount of land in the 2 districts is fairly similar. The amendments would allow auto sales on the Hannaford site and prohibit auto sales in areas where the city is promoting housing. Ms. Louisos explained that the Planning Commission wasn't comfortable just expanding the amount of land for auto sales, so they re-arranged the boundary lines to accommodate the reuse of the existing building. Mr. Conner said the amendments would also allow municipal uses in the C-2 area. The C1 Auto and C1-15 uses would be similar with the exception of auto sales and added uses in the Auto zone. Ms. Emery moved to warn a public hearing on the proposed changes to the Land Development Regulations LDR-22-07 and LDR-2208 for 5 December at 9 p.m. Mr. Barritt seconded. Sen. Chittenden as whether the Planning Commission has heard from land owners. Mr. Conner said they heard from some landowners during the Planning Commission public hearing. Sen. Chittenden asked if there were any objections. Mr. Conner said there were objections to the fact that existing car dealerships would not be able to expand. Residents of the Holmes Road area were also concerned with how the changes could affect them. In the vote that followed, the motion passed 4-0. Mr. Cota rejoined the Council. 9. Presentation of the East-West Crossing (Bike/Ped bridge over 1-89) preferred alternative and approval of design in advance of a Town Meeting Day ballot item: Ms. Blanchard said this is a huge project and has had lots of public outreach. She stressed that this presentation is a concept as there are things the city wants the design team to explore. Prices are also not stable now, and materials will continue to be looked at to where there can CITY COUNCIL 7 NOVEMBER 2022 PAGE 7 be cost savings. The intent is for the bridge to be open 24/7 and to be comfortable and attractive with greenery and shielding from the wind. Mr. Guyette reviewed the history of the project from the original study in 2018. He showed recommended alternative plans. He noted that in addition to general alignment, they are working through several connections to various properties. The total budget for the project is $14,550,000 of which $9,800,000 is funded by a USDOT grant. Mr. Guyette then reviewed the public process including meetings with abutting property owners. He stressed that the most important word is "connections." The elements of the project most appreciated by the public included the integration of public art, the greenery, shielding from the weather, panel perforations to allow for views, and separation between bikes and pedestrians. Other considering included landscape upkeep, selection of sustainable materials, safety, security/cameras, solar power lighting, snow removal and "anti-graffiti." The final concept includes a curved, sinuous approach, shielding barrier, light color, rest benches, public art, and adequate lighting. Mr. Guyette then showed a plan of the bridge layout and concept drawings. He noted that the architect will select the exact color, and the "goose sculpture" artist is on the team to integrate bronze-crafter bird sculptures along the pathways and bridge. The project will use "made in America" products, LED lighting, stormwater treatment, and a low maintenance design. Next steps include the City Council discussion on TIF financing, the March vote on TIF funding, the start of construction in 2025, and the grand opening in 2026. Mr. Cota asked who would plow and salt the bridge. Ms. Blanchard said Public Works would do that maintenance. Mr. Cota asked if the ramp toward the Hannaford side of the bridge is part of the project. Ms. Blanchard said it is still vague where that ramp ends. It is now close to the rear public entrance to UMall but may move closer to the access road to the Mall. She added that this is part of the CITY COUNCIL 7 NOVEMBER 2022 PAGE 8 "big number." Sen. Chittenden said they city would be missing an opportunity by not working with UMall on that. Sen. Chittenden asked who gets "naming rights." Ms. Blanchard said that goes to the City Council. Mr. Conner noted that CCRPC is conducting a study of the regional network so the bridge connects with other facilities in the region. Ms. Emery asked the life span of the bridge. Mr. Guyette said about 100 years with proper maintenance. He noted this is a harsh environment which increases the need for adequate maintenance and potential resurfacing at times. Ms. Riehle asked the cost of maintenance. Ms. Blanchard said they are working closely with DPW and others to do a maintenance plan. Landscaping will be in a specific location and will get a lot of attention. Ms. Riehle cited the need to protect the bird sculptures. Mr. Barritt asked if there has been progress with Quarry Hill connections. Ms. Blanchard said there has been progress, but it will be a long process. Mr. Barritt asked about traffic flow during construction. Mr. Guyette said there could be short-term closures. Ms. Baker added that there will be some lane narrowing coming up. Mr. Cota then moved to approve the resolution for the preferred alternative and public TIF vote for the March election for the East-West Crossing as presented. Ms. Emery seconded. Motion passed unanimously. 10. Receive information on a potential Tax Increment Financing Bond Vote for Town Meeting Day 2023. Consider warning a public hearing for 5 December 2022 at 9:15 p.m. on Article 1 regarding TIF District Financing Debt Authorization to fund the design and construction of the following projects: Garden Street Phase II, Williston Road Streetscape, East West Crossing and City Center Park Phase II: Ms. Blanchard explained that March of 2024 is the last time to incur TIF debt. The city is now in the 10th year of its TIF district with $14,200,000 in bonding. There has been $30,000,000 added to the City Center tax base, and the city can expect a $306,965,599 incremental increase in property values in 2037. There are now 4 projects left that are TIF eligible: CITY COUNCIL 7 NOVEMBER 2022 PAGE 9 a. Garden Street Phase 2 -$8,270,000, 100% of which is TIF eligible and also federal aid eligible). The project includes the alignment of Midas/White St. b. Williston Road Streetscape - $2,600,000 of which 50% is TIF eligible. The city also has an $800,000 grand for this project which will include a shared use path and will address some utility conflicts. The project is federal aid eligible. c. East-west crossing bridge d. City Center Park Phase 2 - $1,100,000, 100% of which is TIF eligible. The project involves the boardwalk connection. The total amount of debt recommended to be authorized is $15,086,430. Ms. Blanchard noted that the city will be looking for additional funding for these projects. Ms. Blanchard then showed a preliminary model of TIF increment (income) through 2037. This model continues to be updated based on assessment changes and what developers indicate they will develop. Total project development and development in the "pipeline" is estimated to be $47,729,044.03. Existing development is at $37,574,585.53. Ms. Blanchard explained both the Catamount Run" project: with UVM and Snyder-Braverman. Ms. Baker noted that all of those units are market rate and will remain that way. Mr. Conner then explained the status of Prospect Place. All of those 120 units are also market rate. Ms. Blanchard then reviewed the expenditures to be funded from the increment. She noted a big increase in interest, but it is still less than the model that was submitted. She also noted that if the city ends up with all the properties in the model, there will be a $6,900,000 fund balance. She recommended that the city talk with potential developers and noted that 95% of the development existing today began that way. She also recommended continuing to seek grants. Mr. Barritt asked if there is a point in the future where the city doesn't have to maintain the TIF reserve fund because the income has reached that point. Ms. Baker said they have been looking at models through the years and need to see how development keeps up with the models. CITY COUNCIL 7 NOVEMBER 2022 PAGE 10 Sen. Chittenden said he has a lot of peace knowing that UVM and the Medical Center are involved. He is willing to support this. Ms. Blanchard then reviewed the proposed schedule including public hearings on the TIF financing question on the IVlarch ballot. Mr. Barritt then moved to approve the Tax Increment Financing Bond Vote for Town Meeting Day 2023 and to warn a public hearing for 5 December 2022 at 9:15 p.m. on articles regarding TIF District Financing Debt Authorization for the projects indicated. Ms. Emery seconded. Motion passed unanimously. 11. Receive the annual presentation from Town Meeting TV including their FY24 budget request: The Town Meeting TV representative was not present. This item was thus postponed to a future meeting. 12. First reading of a change to the Impact Fee Ordinance and Public& Private Sanitary Sewerage and Stormwater Systems Ordinances, and consideration and approval of an update to the Planning &Zoning Permit Fee Schedule regarding timing of payments of fees for affordable housing projects and set a Public Hearing on the ordinance changes for 5 December at 9:00 p.m.: Mr. Conner explained that all the fees being considered are paid by the development community. The proposal is that in projects where the City is a party to the development, the indicated fees would be payable at occupancy instead of at the time the zoning permit is issued. This could be an 18-month period but could save $30,000-$40,000. Mr. Conner recommended a public hearing on 5 December. He noted that the change to the Planning & Zoning Permit Fee Schedule requires no public hearing. Ms. Riehle asked whether this would affect cash flow for the Planning Department. Mr. Conner said sewer fees would come in later and would not be available to spend on another city project until received. Ms. Baker added that this is only for projects in which the city has invested. Mr. Conner said that is about one project every 3 or 4 years. Mr. Bolduc noted the city would not collect interest on those fees until they are collected. Mr. Conner stressed that there are many levers to be sure the fees are collected. CITY COUNCIL 7 NOVEMBER 2022 PAGE 11 Members voted unanimously to approve the motion as presented in the meeting packet. 13. Review and consider approval of draft 2022 Chittenden County Multi-Jurisdictional All-Hazards Mitigation Plan base plan and South Burlington jurisdiction annex: Mr. Conner explained that the City partners with all but one community in Chittenden County. A firm has been hired to look at various threats which are enumerated in the plan (e.g., COVID, climate change, etc.). South Burlington has updated its objectives and will be doing projects to clean up the lake and protect property. Mr. Barritt moved to approve the enclosed Resolution relating to the draft 2022 Chittenden County Multi-Jurisdictional All-Hazards Mitigation Plan as presented. Mr. Cota seconded. Motion passed unanimously. Mr. Conner thanked the Police and Fire Departments for all their work on this plan. Ms. Riehle noted that the Air Guard was also involved. 14. Discuss Planning Commission's recent vote to maintain the current number of Planning Commissioners and the Charter Committee's discussion to accept their recommendation and not move this forward. Consider if the Council wants to give additional guidance: Ms. Baker reviewed the history. She said the question is whether the Council will accept the recommendation. Mr. Cota said he wouldn't oppose that decision, but he noted there is a tremendous amount of work for both the Planning Commission and DRB and suggested a possible "bench" member who could move in when someone is ill or recused. Mr. Conner said attendance at meetings is pretty good especially with the added use of remote participation. He noted that Statutes authorize "alternates," and this could be explored. He recalled that this was used by the DRB a few years ago. Ms. Riehle said an alternate could be former board member who is familiar with the process. Members agreed not to pursue a change to the current number of Planning Commission members. CITY COUNCIL 7 NOVEMBER 2022 PAGE 12 15.Approval of lease for 19 Gregory Drive: Mr. McNeil said the lease is for CSWD for 5 years at $15 per square foot with a 2.5% rate increase each year. The lease can be renewed for an additional 5 years. CSWD will do the fit- up, so the first 3 months will be rent free. Ms. Baker noted the City is pleased to have a tenant with whom there is already a relationship. Sen. Chittenden moved to approve the Lease Agreement negotiated between the City and CSWD as presented, authorize the city's administration to negotiate and settle the Lease Agreement's final details such as dates fit-up will begin and rent an occupancy will commence, and authorize the City Manager to execute the Lease Agreement on behalf of the City. Mr. Barritt seconded. Motion passed unanimously. 16. Other Business: Ms. Emery asked that the Council take up the gas-powered leaf blowers on a future agenda. Members agreed to do this after "budget season" as the leaf-blowing season is now over. Mr. Barritt said he would like to hear Burlington's experience with this issue. 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 10:05 p.m. Clerk