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HomeMy WebLinkAboutMinutes - City Council - 06/05/2023 CITY COUNCIL 5 JUNE 2023 The South Burlington City Council held a regular meeting on Monday, 5 June 2023, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle; M. Emery, Acting Chair; T. Barritt, T. Barnes, A. Chalnick ALSO PRESENT:J. Baker, City Manager; Chief S. Locke; Deputy City Manager; P. Conner, Director of Planning & Zoning; E. Quallen, Public Works Dept.; B. Sirvis, L. Bailey, A. Ovnechy, M. Mittag, P. Engels, R. Dolyle S. Crowley, D. MacDonald, M. Scanlon 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: Mr. Chalnick asked to have a brief discussion regarding ash trees in Other Business. 3. Comments and questions from the public not related to the agenda: Anne Obelnicki spoke of concerns regarding proposed regulation of short-term rentals. She said her only source of income is from a single-family house that she rents out. If she went to a long-term rental, she would lose money. She asked the Council to consider how the proposed ordinance affects "hosts." Ms. Baker advised that this issue will be on an agenda in August. 4. Announcements and City Manager's Report: Council members reported on meetings and events they had attended. Ms. Baker: The City Charter Committee survey will remain available on-line until 12 June. There are 105 respondents to day. The average time to complete the survey is 8 minutes. The Grand List will be finalized this month. The change of home values will go out tomorrow. Appeals will be heard until 21 June, and the City Council will be asked for approval in July. The Grand List is higher than anticipated, which could result in a lower tax rate. CITY COUNCIL 5 JUNE 2023 PAGE 2 There will be work on the water line on Nowland Farm Road which may result in some very short traffic shut-downs. Some construction equipment will be staged at Hubbard Park. Ms. Baker thanked CCRPC for assistance with the Bike/Ped Master Plan. Three Police Officers have graduated from the Police Academy. Officer Moore received the Eugene Gaiotti Award for honesty, motivation and team-work, and Lt. Bataille Received the Instructor Award for the second time. Lt. Bataille was recognized for his work as the lead Criminal Law instructor which is a both a critical and grueling course of study for the recruits. An agreement is being worked on for the relocation of Old Farm Road. There will be more on this to come on future agendas. The city is monitoring the return of hotels to pre-pandemic status. There does not appear to have been much impact locally. Mr. Barritt asked whether the Dorset Street signaling work began today. Ms. Quallen said they have begun staging equipment behind the old Sears building. Work will start in the middle of the road and work outward. They will do the less invasive work first then move to larger scale items. It is anticipated that the work will be finished by the end of the year. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve minutes from the 3 April, 17 April, and 1 May 2023 City Council meetings c. Approve the transfer of up to $40,000 of FY24 CIP funding from the Lead Service Line Inventory to Valve Replacement on Spear Street d. Approve a Bike/Ped Grant Application for the Hinesburg Road Shared Use Path which will include mowing two CIP projects to provide the match e. Authorize the City Manager to negotiate and execute a contract with Paul Frank & Collins, P.C., for legal services in support of City Center right-of-way acquisition Ms. Emery asked about expenses for EZ Pass violations. Chief Locke that these occurred with a rental vehicle for a meeting in New Hampshire. The Officer involved thought the charges were included in the rental cost. CITY COUNCIL 5 JUNE 2023 PAGE 3 Ms. Emery also asked about property tax refunds. Ms. Baker explained that these involved overpayments. Ms. Riehle asked whether the City will get credit from the School Department. Ms. Baker said it would be trued up at the end of the year. She noted that the next installment is lower than it would have been. Mr. Barritt moved to approve the Consent Agenda as presented. Mr. Chalnick seconded. Motion passed unanimously. 6. Interview Candidate for Development Review Board: The Council interviewed Quinn Mann for re-appointment to the Development Review Board. Ms. Baker noted that Ms. Mann has been the only applicant and there are 2 openings. 7. Public Hearing: on Land Development Regulation Amendments#LDR-23-01 (Solar PV for new buildings subject to Vermont Commercial Building Energy Standards) and #LDR-23-02 (minor technical amendments): Mr. Conner explained that LDR-23-01 will build on what the Council adopted in February. New commercial buildings and residential buildings of more than 4 stories will now be required to have a solar system in the solar ready zone on the roof. If Green Mountain Power says it cannot accept that power, that building would be exempt. There are also exemptions for shaded buildings. The solar system does not have to be connected to the grid, but it can be. The amendment will apply to any new building seeking approval and to any building that was approved but has not pulled its permit. Mr. Barritt asked whether the panels must be tied into the electric system of the building. Mr. Conner said the city does not have the authority to require this. The amendment does not say they must tie into the electric system in the building, but the expectation is that most people will and might also tie into the electric grid. Mr. Barritt moved to open the public hearing. Mr. Chalnick seconded. Motion passed unanimously. Mr. Conner noted that staff did not receive any written comments. CITY COUNCIL 5 JUNE 2023 PAGE 4 Mr. Crowley: Thanked the city for work on this amendment and encouraged its adoption. He felt it is not enough yet and cited the fires in Quebec and the air quality advisories expected here. There was no further public comment. Mr. Barritt moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. 8. Possible Action on Land Development Regulation Amendments#LDR-23-01 (Solar PV for new buildings subject to Vermont Commercial Building Energy standards) and #LDR-23-02 (minor technical amendments): Ms. Riehle moved to approve LDR amendments LDR-23-01 and LDR-23-02 as presented. Mr. Barritt seconded. Motion passed unanimously. 9. Interview Candidates for the Planning Commission: The Council interviewed the following candidates for appointment to the Planning Commission: a. Duncan MacDonald b. Michael Mittag c. Paul Engels d. Michael Scanlon e. Ryan Doyle 10. Consider process and recommendations from the Council Subcommittees on appointments to all City Boards and Committees: Ms. Baker reviewed the process approved by the City Council. She noted that each sub- committee has made a recommendation, but the full Council would not have to accept that recommendation. Ms. Baker also noted that the full committee orientation will be held on 13 July. 11. Convene as South Burlington Liquor Control Commission to consider the following: CITY COUNCIL 5 JUNE 2023 PAGE 5 a. Quarry Hill Club— First&Third Class Restaurant/Bar, Outside Consumption b. Farmers & Foragers—Third Class Commercial Kitchen c. Myer's Wood Fired — First Class Restaurant/Bar Ms. Riehle moved to approve the First and Third Class and Outside Consumption permits as presented. Mr. Barnes seconded. Motion passed unanimously. Mr. Barritt moved to reconvene as City Council. Mr. Barnes seconded. Motion passed unanimously. 12. Other Business: Regarding the ash tree situation, Mr. Chalnick said he spoke with a man from a tree service who said time is of the essence. The problem has reached South Burlington, and the city may find one day that all the ash trees are infected. The tree service man said to treat a portion of the trees and at the same time remove and replace 20% of the trees that haven't been treated and to continue this process over a 15-year period. In that time, the city's tree canopy will have been replaced. It would cost about $5000 a year to treat the trees. Ms. Baker said this will be on the 17 July agenda. Mr. Mittag urged treating the trees rather than replacing them. He said he heard it costs $60 a year to treat and $1000 to remove and replace. Ms. Baker requested that the Council value the city's professional staff recommendations as much as that of private business owners' opinions. 13. Consider entering a possible executive session for the purpose of discussing appointments to Boards and Committees: Mr. Barritt moved that the Council meet in executive session for the purpose of discussing the appointment, employment or evaluation of Public Officers or Employees, inviting Ms. Baker into the session. Mr. Barnes seconded. Motion passed unanimously. The Council entered executive session at 9:05 p.m. CITY COUNCIL 5 JUNE 2023 PAGE 6 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 9:55 p.m. e Clerk