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HomeMy WebLinkAboutMinutes - City Council - 07/17/2023 CITY COUNCIL 17 JULY 2023 The South Burlington City Council held a regular meeting on Monday, 17 July 2023,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, T. Barnes, A. Chalnick ALSO PRESENT:J. Baker, City Manager; Chief S. Locke, Deputy City Manager; T. DiPietro, Public Works Director; P. Conner, Director of Planning &Zoning; E. Quallen, Public Works Director of Capital Projects; A. Homen, J. & B. Britt, B. Sirvis, C. Larsen, S. Lowensohn, S. Dooley, H. Gagne, L. Smith, A. Chalnick, L. Marriott, M. Cota, M. Mittag, J.Mosley, D. Cummings, M. Simoneau, F. MacDonald, J. Cohen, L. Bailey, B. McMeehan, R. Greco, J. Brannu, R. Hall, Rep. N. Hyman, K. Moore, R. Doyle, A. Gross, S. Dopp, J. Louisos, A. Cousins, L. Yankowski 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: Ms. Emery asked to add a discussion on Other Business about a recognition event for committee members who have stepped down. 3. Comments and questions from the public not related to the agenda: A member of the public spoke to the need to ban gas powered leaf blowers and edgers. She noted the Council may be reluctant to do this because of the inability to enforce an ordinance. She agreed that was not a good use of Police time, but the she felt it would give people more opportunity to speak to neighbors who were using the gas powered equipment. She noted this equipment is polluting and not essential. Electric powered equipment is not very expensive. She urged the Council to reconsider an ordinance. Ms. Emery said this could be a good topic for the "Councilors Corner." Mr. Barritt noted he is doing the August column. Ms. Sirvis then spoke to the potential use of ARPA money. She felt the Council has lost touch with today's needs by focusing on climate change. She suggested looking at nice apartments at reasonable rates. She urged the Council not to listen only to those who live in the Southeast Quadrant. Ms. Sirvis said that while climate change is real, so is the need for a place for CITY COUNCIL 17JULY2023 PAGE 2 children to play. She urged the Council not to drop the idea of a Recreation Center and to have a more balanced approach to today's needs and future needs. Ms. Riehle spoke to the community's good fortune to have escaped much of the recent flooding and to have been able to provide so much help to other communities. She felt the city has put rules in place that have had better consequences for residents. 4. Announcements and City Manager's Report: Council members reported on recent meetings and events they had attended. Ms. Baker: Staff will be doing a walking tour of City Center prior to the 21 August meeting. The school impact fee goes into effect on 1 August 2023. In response to the recent flooding, Ms. Baker noted the infrastructure which helped protect the city from disaster. She also noted that city employees were dispatched to other parts of the state to help more affected communities. Public sweepers were sent to clear streets and roads. Water Quality personnel brought sludge to Montpelier to re-seed the bacteria in their Sewage Treatment Plant. A crew of 8 removed debris from the streets of Barre. And another crew pumped out basements in Waterbury. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve minutes from the 19 June 2023 and 26 June 2023 City Council meetings c. Approve the Energy Committee's application for a Municipal Energy Resilience Program grant Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Interview and consider appointing a candidate to the Energy Committee: Ms. Riehle noted that Fred Kosnitzky has previously served on that committee. CITY COUNCIL 17 JULY 2023 PAGE 3 Mr. Barritt moved to appoint Fred Kosnitzky to the Energy Committee. Ms. Emery seconded. Motion passed unanimously. 7. Discussion of Hubbard Park path connectivity and materials, and provide direction to staff: Ms. Quallen showed a map of the project area and noted the path is just within the city-owned property. She then reviewed the history of the project. She showed the design done in May, which included a public art installation. Because there is now a 100-foot wetland buffer, there is now a new design. The southern end of the path would stay the same, but the parking area would now be curved slightly. It would have the same capacity. The pavement is the same planned surface. The path would be stabilized to a depth of 18 inches which would still be needed were the path to be gravel. Ms. Quallen noted that pavement remains accessible for a long time while gravel would require a lot of maintenance to keep it accessible. Pavement can also be plowed in winter while gravel cannot. The cost for pavement is$175,000. The cost for gravel would be $140,000. This does not include the parking area. Regarding stormwater, Ms. Quallen noted that this is still in design. There is a treatment area west of the proposed parking. They do not yet have a cost estimate. Mr. Barritt asked whether the cost of the path includes the part to get to the edge of South Pointe. Ms. Quallen said the cost includes only what is within the park. Ms. Emery asked if they have explored cement which is better with respect to heat. Ms. Quallen said they have not due to the cost. Mr. Mittag asked why a stormwater facility is needed in the park. Ms. Quallen said that with any new impervious, they need to account from runoff, and this crosses the State threshold for needing to treat stormwater. Mr. DiPietro said this is also because Bartlett Brook is impaired, and there have been washouts in the past. Mr. Mittag noted this is a very divisive issue, and he hoped a middle ground could be found. Public comments was then received as follows: CITY COUNCIL 17 JULY 2023 PAGE 4 J. Mosely(representing the Board of Pinnacle): Was concerned with pedestrian and bike accidents occurring because it is a shared use path. There are many older people in the neighborhood, and having a pedestrian only path would be safer for them. Ms. Riehle noted that all paths in the city are shared use. Resident: 100% in favor of the path. Cited the risks to cyclists on the road are far greater than to pedestrians on a mixed use path. Bike vs. car is the worst, and people are killed. There is also a need to stop burning fossil fuels, and one way to do that is to get out of cars and onto bikes. People don't bike now because they are afraid of getting killed. M. Simoneau (Chair of Recreation & Parks Committee):The committee supports the parking are and paved path. City parks are for all people, and this park has been very underutilized. The committee would also like to see a venue for people to gather, which was in the original plan. F. MacDonald: Supported a paved path. He felt it completes a missing link. He would like it paved all the way to Parkside, and he believed there is a right-of-way that would allow that. He also supported retaining the existing grass area beside the proposed path so people can ski and snowshoe in winter. He supported a smaller parking area but did not support the viewing or artwork areas. D. Cummings: Alternate ways are needed to get people to work and to shopping, services, etc. This is a missing link to allow that. He is afraid to even walk with his grandchildren on the road. The path needs to be paved to be serviceable. He noted that the park name includes the word "recreation," and you need to get there in order to recreate. He noted that developers are required to pave paths, so the city should pave its own path. Paving the path will not increase climate issues; it will reduce them by providing an additional way to get to Burlington. L. Norris: The main thing she had a problem with is wanting both open space and connectivity. This is a natural area. A paved parking lot is not natural. There are no bikes in Red Rocks Park. It would change the environment in Hubbard. 30 parking spaces is too many. Biking on Spear Street is not safe because of a length of 300 yards. She could not see paving a bike path because of 300 yards when there are other routes to use. H. Gagne (Chair of the Bike/Ped Committee):The path system is not just for South Burlington. There are connections for Hinesburg and Shelburne and other communities. This is part of a route to Burlington. She noted that for years she didn't know it was a public park. She also CITY COUNCIL 17 JULY 2023 PAGE 5 noted there are 40 parking spaces at JC Park, so it wouldn't be that big an area. She favored a paved path. J. Cohen: Keep the land as natural as possible. L. Bailey: She lives near JC Park, and it is great. She also has grandchildren who live near Hubbard, and she won't let them on the road. She noted how muddy the area can be. People would enjoy it more with a paved path. B. McMeeken: He shares a boundary with the park. This is the first time he's heard about stormwater treatment. His basement has been dry for 25 years, and he wants it to stay that way. He is a biker, and he is concerned about speed with electric bikes. He hoped that didn't happen here. B. Britt: Lives near the Park and is also on the Bike/Ped Committee. He feels a shared use path is critical for vulnerable users. It provides a safe connection for neighbors to get together and for kids to see their friends without going onto Spear Street. The Park was purchased with Open Space funds; it is not conserved. It allows a paved path and parking. That is an equity issue to allow all people to use the park. He felt at least 10-15 parking spaces were needed as well as 3-4 benches nearby for people to put on snowshoes. He noted there was originally a plan for a wooden bridge near the woods; he suggested thinking about putting that back in. He noted that unpaved bike trails have been wiped out. J. Brannu: She cannot imagine this place degraded by lights and parking for 30 cars. Adding more impervious surface to the earth is wrong. Suggested studying how many more people would use the path to bike. R. Greco: Lives opposite the park and presented a petition of 121 signatures who also leave near the park. Hopes the Council would not disregard them. She predicted future disasters and said nature is the best ally. R. Doyle: Pinnacle and Four Sisters Road, where the people who signed the petition live, were once natural areas degraded to put in their developments. Just the pavement in front of their homes is more than would be affected by this bike path. And more water runs off Ms. Greco's property than will run off this path. Favored a paved path. CITY COUNCIL 17 JULY 2023 PAGE 6 L. Marriott: Supports bike/ped infrastructure and would like to see more. She asked about a budget to provide maintenance. She noted she gets hit in the face by the Market Street trees when she bicycles there. L. Smith: Lives in Queen City Park, serves on the Planning Commission but spoke for himself. The path can be a great connector. Connecting all of South Burlington's parks could rival Burlington's system. It would be great to have benches throughout. Start small with parking, then grow as needed. C. Larson: Lives in Burlington, and it is very limited to where he can go in South Burlington. Favored a paved path. The best way to get cars off the road and reduce emissions. K. Moore: Would hate to see any impervious surface in this park. Supported the Dorset Street path over this one. South Village HOA: Fully supports a paved path for safe, alternate travel. Rep. N. Hyman: Didn't see the need for a bike path here. Park should be for wildlife. A. Gross: Concerned that this could lead to massive things added in the future. Didn't object to any of the proposals but opposes anything further. R. Hall: Questioned paving the parking areas. Can there by a path that is just mowed for people with dogs. Can further development be prevented. This ended the public comment session. Mr. Chalnick then said he originally opposed a paved path but has changed his mind. There is a goal to reduce emissions. To do that, people have to get out of their cars. There is no safe way to bike north; his wife and daughter don't feels safe. It is too expensive to build a safe path on Spear Street. The proposed path is the vital path for safe riding into Burlington, and it needs to be usable 4 seasons. The path is so small, paving it will not have a negative ecological impact. The idea that it will is ridiculous. He added that he would like to see a mowed path beside the paved path. It also make sense to have some bridges. He did not see the need to pave the parking lot or to have lighting. He also would like to agree to a conservation easement on the rest of the parcel. CITY COUNCIL 17 JULY 2023 PAGE 7 Ms. Emery noted she was on the land with her parents, and her father fell. He had no place to sit, and he had to be helped back to the car. She agreed with Mr. Chalnick to have a paved path with a mowed path beside it. Without a paved path, people with walkers or in a wheelchair would have no access. This is a gem that should be available to everyone. She noted that out west there are paved parking areas near the largest sequoias in the world so people are not denied the right to see them. She would like to consider cement, even though it is more expensive. It lasts longer, and there is less maintenance over time. She would also want any lighting directed downward, possibly starting with no lighting and 15 parking spaces. Mr. Barnes said this is not an easy decision. He recognized Mr. Chalnick for having an open mind. He noted that his father has Parkinson's, and it was heartbreaking to watch him try to navigate the ground in Wheeler Park. He was not OK with taking taxpayer money and not making the park accessible to everyone. He said it is markedly more dangerous to have bike lanes on roads, and it becomes even more dangerous when you add medians and bikers become less visible. Mr. Barnes also noted that research has shown that shared use paths are the way to go. He favored paving the path and being open to other mitigation. Mr. Barritt cited the importance of maintaining the path in winter and maintaining equity. He felt the city shouldn't do anything until they have all the easements. Ms. Riehle reviewed what she sees as the Council's consensus: a. Pave the path b. Look at cement for parking c. Provide benches, possibly wooden d. A mowed adjacent path e. Small parking area, expand if needed f. Split rail fence g. Pursue what it would take to conserve the rest of the park h. Work with neighbors to make it a connected path Mr. Chalnick raised the question of the width of the path. Mr. Barnes said the DOT standard is 10 feet. Ms. Dopp said she thinks there may be someone with an interest in pursuing a conservation easement. CITY COUNCIL 17 JULY 2023 PAGE 8 Ms. Baker said staff would like to bring back a proposal for lighting with very low lights to avoid safety issues. Ms. Emery then moved to give authority to city staff to go forward with the design, with benches, a mowed adjacent path, no viewing area or art installation, low lighting, parking for 18 vehicles with vegetation to shield homes from car lights, and having staff look into a potential conservation easement. Mr. Barritt seconded. Mr. Barritt asked that staff get an estimate as to what it will cost to do South Pointe. Ms. Quallen said they can do that. In the vote that followed, the motion passed unanimously. 8. Planning Commission Chair to brief the Council on the Comprehensive Plan: Ms. Louisos said the Commission was unanimously in calling the plan the "City Plan,"though "comprehensive" was still an option. Ms. Louisos stressed that the plan includes more than land use and the other requirements of State Statute. She showed the opening statement, which is very specific to climate change. She also showed the "guiding principles" section which replaces the 4 goals as a kind of summary page. There are still 4: Climate Resilient; Inclusive, Fair and Just;Thoughtful and Sustainable Built Environment; Collaborative and Engaged. Mr. Conner noted the plan is shorted than previous plans and gets to the key issues without being so descriptive. Ms. Louisos cited considerable public input including some upcoming "listening sessions" with the public. Following those sessions, the Commission will do additional editing. The official public hearing will be toward the end of August, and the plan will come to the Council in October for the Council's public hearing process. Ms. Louisos noted there are some industrial/commercial areas which would include residential as a new use. There are also some small scale commercial uses which would be allowed in residential zones. She showed the land use maps from the current and proposed plans and noted an area where commercial with residential could happen. She also pointed out CITY COUNCIL 17 JULY 2023 PAGE 9 expanded green areas and an area on Williston Road where higher scale uses might be appropriate. Ms. Emery cited the importance of keeping equity as an equal concern with climate action. The plan needs to lift everyone; without the equity piece, she felt there cannot be climate action. If people don't come to the parks, they will not understand the need to preserve that land. Ms. Riehle noted that housing is more challenging, and the options may be more limited. She also cited the need to include green space even on Williston Road with higher density housing. Mr. Chalnick asked why the piece along the waterfront is not green. Mr. Conner said there are some wetlands in that area, and the map doesn't capture each wetland. There is also a stream through there. Mr. Chalnick said he thought the city should conserve that. Mr. Barnes said he was less concerned with specific plots of land. He was more concerned with the top priority. He noted that 50%of the city's residents can't afford to buy property in the city and asked how the guiding principles of the city's plan reconciles that. He was concerned with the city becoming an exclusive community and driving people out. Ms. Riehle said that development cost is$750/square foot, and that can never be affordable. She appreciated the desire to build affordable housing all over the city, but she felt there wasn't much the city can do about it. Mr. Barnes replied that the same thing could be said about climate change, but the Council isn't throwing up its hands and saying there's a limit to what we can do about that. Ms. Emery thought having residential in the Commercial/Industrial zones was a positive thing. Ms. Yankowski noted the City Plan is a guiding document. She noted she was born in South Burlington but is now concerned with being able to continue to afford to live in the city. Mr. Barnes questioned whether the Council is taking enough care to balance climate change with affordability of neighborhoods. He worried that there will be big bills coming up regarding the schools, climate change, etc., and there is a finite amount of income. He didn't share the optimism that people will stay in South Burlington when their kids are through the school system. CITY COUNCIL 17 JULY 2023 PAGE 10 Ms. Louisos said it is the Planning Commission's job between now and October to balance that. She felt they want to focus on areas adjacent to City Center Ms. Baker said that what she is hearing is that the Council is comfortable with climate change as an overriding concern, but they want to see other "balancing." Mr. Smith said he agreed with Mr. Barnes. He said the within the plan the Commission does address equity, housing, etc., and perhaps there should be more emphasis early on. Both Mr. Barnes and Ms. Emery agreed. Mr. Barnes said he didn't want to see "climate change at all costs" 9. Receive an update on the development of Implementation Plans for the Climate Action Plan: Ms. Baker said the Transportation Plan is the furthest ahead. The Government Implementation Plan has been a very significant challenge in the past year. They received only one potential consultant response, which the city deemed "non-responsive." Mr. Bresee and Mr. Atherton are going to write this plan and will be engaging all city leaders. The hope is to bring it as part of the FT25 budget. There is no funding yet for the Thermal Implementation Plan and it is yet to be written. 10. Discuss and consider taking action to direct the City Manager to work with the School Superintendent on the transfer of ownership of 577 Dorset Street to the School District: Ms. Baker said this item is a result of the recent Steering Committee meeting. She stressed that it will be a very detailed process and will involve a lot line adjustment. Ms. Emery moved to direct the City Manager to work with the School Superintendent on the transfer of ownership of 577 Dorset Street to the School District. Mr. Barnes seconded. Mr. Chalnick asked what is stored there. Mr. Baker said there needs to be a plan for that. The vault and server may need to remain in leased space, but not any office space. She added that there is a benefit to locating the Fire Prevention people there. Chief Locke indicated that they are looking at adding to the north end of the Fire Station. CITY COUNCIL 17 JULY 2023 PAGE 11 In the vote that followed, the motion passed unanimously. 11. Approve the FY24 Policy Priorities and Strategies and the Committee workplans: Ms. Baker said staff has integrated what was heard at the retreat. There are 2 major changes: priority for planning for 577 Dorset Street and rearranging Climate Action Plan items. Mr. Barritt moved to approve the FY24 Policy Priorities and Strategies and Committee workplans as presented. Ms. Riehle seconded. Mr. Chalnick asked to change "explore"green space option to a "must." He also asked for weatherization requirements for rental properties. Ms. Emery said this is in the City Plan. Chief Locke said they should get the rental plan off the ground before adding complexity, and that would be outside the normal scope. Mr. Barnes said he trusts staff to do it right, and said you have to walk before you can run. In the vote that followed, the motion passed unanimously. 12. Convene as South Burlington Liquor Control Commission to consider the following: La Quinta Inn and Suites, 15t Class Hotel: Mr. Barritt moved that the Council convene as Liquor Control Commission. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt moved to approve the LaQuinta Inn and Suites, 15t Class Hotel permit as presented. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 13. Other Business: Mr. Barritt noted he has been getting emails regarding traffic on Dorset Street with not enough space in left turn lanes. Ms. Emery noted that Sandra Dooley has asked that the Council recognize John Simson for his many years of service to the City. Ms. Emery also noted that in the past people received CITY COUNCIL 17 JULY 2023 PAGE 12 plaques when they had served the city for many years. She suggested doing this for John and also for other former City Councilors and Committee members who step down. She suggested possibly having the awards at Sobu Night Out. Ms. Baker suggested the 24 August Sobu Night Out. She will check with Ms. Rees. As there was no further business to come before the Council Mr. Barritt moved to adjourn. Mr. Chalnick seconded. Motion passed unanimously. The meeting was adjourned at 11:00 p.m. Clerk