Loading...
HomeMy WebLinkAboutMinutes - City Council - 10/16/2023 CITY COUNCIL 16 OCTOBER 2023 The South Burlington City Council held a regular meeting on Monday, 16 October 2023, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: 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; P.Trombly, Dr. B. Zigmund, A. Jensen-Vargas, M. Cota, B. Sirvis, D. Peters, E. Sutherland, Tony, L. Smith, K. Calcagni, J. Louisos Owing to recent events, Ms. Emery began the meeting by asking for a minute of peace and reflection. 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 items were added to the agenda. 3. Comments and questions from the public not related to the agenda: Mr. Tousley asked about outdoor venues in the backyard of student-rented homes on Spear Street. Events run from 7-10 p.m. with 100 students attending, alcohol being served. Students often wander through other yards looking for bathrooms. There is a charge for these events. Mr. Tousley said there is a check-in table, but he wasn't sure IDs were being checked. Police have said they are not doing anything wrong, but it there is a problem to call them. Dr. Zigmund spoke about the construction noise on the Long Drive project. There is constant hammering every work day when they wants to keep windows open. They were told there was nothing that could be done about it. This will be going on year after year until the last construction is done. Dr. Zigmund said the noise measures at 90 decibels on her deck. This is the limit at which OSHA says one has to wear protective ear covering. The hammering is necessitated because the houses need to have basements, and Dr. Zigmund asked that permits for future homes should not allow basements. Mr. Anglin, who lives nearby, said this has been going on since 2020. He asked why developers can flaunt the laws that everyone else has to obey and why the city has done nothing about it for 4 years. CITY COUNCIL 16 OCTOBER 2023 PAGE 2 Mr. Chalnick said the DRB permit does not allow for violation of the noise ordinance. He asked why they are being allowed to continue to do this. Mr. Barritt noted this is a 9-house development with a lot of ledge. That is what is causing the hammering. He asked why the permit was granted and who enforces the noise ordinance. Mr. Conner said this is not a good situation for anyone, especially residents. It is the original JAM Golf project, and the Court ruled that these houses could be built. The challenge is the right to construct vs. the methods of construction. The developer says nothing else is feasible on this site. Mr. Conner said staff has been working to make the hammering less incessant. There is also a dialog going on with the master developer to see if there is another way to go in the future The Police are the enforcing agency for the noise ordinance. Mr. Conner said he felt the zoning office would be more appropriate. Mr. Chalnick said it doesn't make sense to give someone the right to violate an ordinance. Mr. Barritt asked if there is a larger chipping machine that could finish the job quicker. Mr. Conner did not know. He thought they were louder for a shorter period of time. Ms. Emery asked if it is possible to ask the developer to amend the design. Mr. Conner said the builder and staff are engaged in conversation trying to limit the extent of the noise and disruption. There are no alternative to what they are doing at the moment. Mr. Barnes asked how the Court settlement should figure into this. Mr. Conner said the settlement does not enter into how the ordinance is enforced. The building has a permit to construct. Mr. Conner said staff is committed to providing an update later in the week as to what is being done. Mr. Chalnick said the developer should have to stop now until there is a solution. Ms. Emery was concerned that a city ordinance was not holding up. Dr. Zigmund said the Zoning Department has the right to stop the construction, but they are not doing it. CITY COUNCIL 16 OCTOBER 2023 PAGE 3 4. Announcements and City Manager's Report: Mr. Barnes said that he will be resigning from the Council following this meeting. He has been offered a job promotion which requires relocating to Colorado. He expressed gratitude for the opportunity to serve the community, but felt the move is best for his family. He said he tried to used his voice to be sure benefits are available to all and questioned whether the city is making it easier or more difficult for people to make South Burlington their home. It is an expensive place to live, and capital needs for the schools will make it more expensive. He questioned equitable access to green space in the city and questioned whether the city can add 10%to the budget for climate change. He thanked Ms. Baker and Council Chair Riehle for their support and guidance. Members of the Council thanked Mr. Barnes for his commitment and wished him well in his new endeavor. Other Council members reported on meetings and events they had attended. Ms. Baker: Last week a zoning permit was issued for Lot N in City Center. There will be 187 new homes and 27,000 sq. ft. of commercial space. Holiday Inn has been demolished to allow for infill buildings. All but 3 apartments in the former Ho Hum Motel have been filled. The new Parks and Recreation Director will join the staff at the end of the month. There are still openings on the DRB and other committees. Thanked Mr. Barnes for his service and noted how quickly he learned. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve an application for a Municipal Planning Grant to partially fund a Parks Master Plan c. Approve an application for a Bylaw Modernization Grant to fund San Remo Drive planning and bylaw updates CITY COUNCIL 16 OCTOBER 2023 PAGE 4 d. Approve the allocation of up to$80,000 of ARPA funding to conduct the design and engineering of a signalized intersection at Hinesburg Road and Market Street in advance of Capital Improvement Plan funding in FY25 Ms. Emery asked about the 577 Dorset Street fee. Chief Locke explained that it relates to separation of 575/577 including water, power, etc. The cost is being split with the School District. Ms. Emery also asked what RAIZ is. Ms. Baker said it is the federal grant that is funding the bridge over the Interstate. An appraisal has to be done in order to purchase land. Mr. Barritt moved to approve the Consent Agenda as presented. Mr. Chalnick seconded. Motion passed 4-0. 6. First Reading of the Planning Commission's recommended City Plan 2025: discuss the process and consider warning a public hearing for a special meeting on November 16, 2023 at 6:45 p.m.: Ms. Louisos noted that the Planning Commission voted unanimously to move the plan forward. She also noted that members felt "City Plan" was more understandable than "Comprehensive Plan." The opening statement of the Plan includes the 4 guiding principles: a. Climate Resilient b. Inclusive, Fair and Just c. Thoughtful and Sustainable Built Environment d. Collaborative and Engaged Ms. Louisos then showed the Future Land Use Map. She drew attention to a new designation: Commercial/Industrial with Supporting Residential. She also noted that some small scale commercial is allowed in every district. The focuses of the plan include: a. Climate Change/Mitigation and Resilience b. Housing c. Creating City Center d. Building Community CITY COUNCIL 16 OCTOBER 2023 PAGE 5 e. Environmental Protection Key aspects of the plan include: a. Use of plain language b. Measurable where possible c. Ambitious and Visionary d. Provides Framework for Future Work (e.g., Climate Action Plan, Bike/Ped Master Plan) Each section includes an overview, goals/actions, inventory analysis and challenges, and resources. Ms. Louisos then showed a timeline of the plan's preparation and outlined public participation. Mr. Conner explained that the next steps include Council review and two public hearings. If the Council makes any changes, a third public hearing will be required. Staff suggests warning a public hearing for Thursday, 16 November(special meeting). Public comment can be accepted in the interim. Ms. Emery noted that members of the public have expressed concern with infill being placed only in areas with housing built prior to 1980 ("post-war neighborhoods"). Ms. Louisos said some of that language has already been changed. Ms. Emery said that if there is already housing built, infill should go there. She also felt there should be more relating to various forms of diversity in this plan. Mr. Barritt was impressed with what he called a "very crisp document." Mr. Barnes questioned the math which did not seem to add up. If housing growth and population growth stay the same, how do we wind up with a 5%vacancy rate? Ms. Louisos said the 5%was recommended by the Affordable Housing Committee, and the Planning Commission decided to leave it and the other numbers unchanged. Mr. Barnes asked how you prioritize one over the other. Mr. Conner said that is a very good point. He explained that many goals are ambitious policy goals. The 5% is policy of a different sort. There needs to be a balance so the city doesn't get more infrastructure than it needs. CITY COUNCIL 16 OCTOBER 2023 PAGE 6 Ms. Emery was concerned that the plan seems to rely on current development patterns as to what should be high or low scale development. Ms. Louisos said the Future Land Use Map addresses some of that. Ms. Emery also felt there should be "future transit corridors" included. Ms. Williams, representing the School Board, presented 9 "bullet points" that the School Board wants to have included in the plan which did not make it in time to be included in this draft. Mr. Barritt then moved to warn a public hearing on the 2024 City Plan for Thursday, 16 November 2023, at 6:45 p.m. Mr. Chalnick seconded. Motion passed 4-0. Mr. Chalnick said he would like a less formal way for the Council to discuss the Plan prior to 16 November. Members suggested a special meeting on 30 October which could also include the filling of Mr. Barnes' Council position. 7. First Reading of Land Development Regulation Amendments#LDR-23-03, Multiple Principal Structures on a Lot— Mobile Home Parks; #LDR-23-04, City Center Form Based Code: Buildings on Outside of Road Corners; and #LDR-23-05, Minor Technical Amendments; and consider warning a public hearing on these amendments for 16 November 2023 at 7:45 p.m. or 20 November 2023 at 7:00 p.m.: Mr. Conner explained that LDR-23-04 relates to an "L" shaped corner which created a pocket where nothing can be built. There is a potential for this situation in several places in the city. LDR-23-04 complies with State Law which does not allow a community to prohibit mobile home parks. LDR-23-05 corrects some inconsistencies. Mr. Barritt moved to hold a public hearing on the proposed LDR amendments on 20 November, 2023, at 7:00 p.m. Mr. Chalnick seconded. Motion passed 4-0. 8. Discuss the process to fill the vacancy on the City Council: Ms. Emery said Council Chair Riehle wants to fill the vacancy as soon as possible because of upcoming budget discussions. She suggested having a subcommittee review applications and bring forward a candidate for the Council to consider. She suggested a date for Council review of 30 October which would allow the new Council members to participate in the 16 November special meeting. Ms. Baker added that the new member could also participate in the Steering CITY COUNCIL 16 OCTOBER 2023 PAGE 7 Committee meeting on 2 November. She said the opening can be posted on the City's website and on-line advertising for The Other Paper as well as Front Porch Forum and other outlets. Mr. Chalnick and Ms. Emery agreed to serve as a subcommittee and to schedule interviews for 10/25 through 10/27. Nominations should be received by Ms. Baker by 24 October. Ms. Sirvis requested that the person chosen not live in the Southeast Quadrant. 9. Receive the FY24 Policy Priorities and Strategies Report#1: Mr. Chalnick asked if the sidewalk item is for this coming budget. Ms. Baker said it is. Ms. Baker noted that one of the challenges for this quarter is that they have been down 2 department heads and an attorney. Mr. Barnes asked if there is any indication about the new dispatch system. Chief Locke said it is meeting and exceeding expectations. It results in quicker deployment of the Air Guard. It also addresses quality of life issues as overnight bells now go off only the station involved in the incident. Mr. Barnes asked if this might mean they want to roll it out more. Chief Locke said it's a bit early to say, and he would want to discuss that with Chief Burke. 10. Discuss if the city should explore putting in place ordinance language, staffing, and materials to implement an intermittent winter parking ban and provide direction to staff: Ms. Baker said the City gets this request from time to time. It seems simple, but it is an incredibly "heavy lift" with regard to capital expenses and enforcement. The city has 400 miles of road, and they would have to be signed appropriately in order for cars to be towed. There is no traffic enforcement on staff at this time, and the question is whether the city wants "badges and guns" enforcing such an ordinance. Mr. Barritt asked how many cars get towed. Ms. Baker said just a few and only during major snowstorms. Mr. Barritt then said that if only a few people have a problem, maybe that's what the Council should address. Members agreed it made no sense to change the current policy. CITY COUNCIL 16 OCTOBER 2023 PAGE 8 11. Convene as South Burlington Liquor Control Commission to consider the following: Delta House by Marriott Burlington, First Class Hotel; Delta House Hotels by Marriott Burlington,Third Class Hotel Mr. Barritt moved that the Council convene as Liquor Control Commission. Mr. Barnes seconded. Motion passed 4-0. Mr. Barritt moved to approve the First Class Hotel and Third Class Hotel permits for Delta House by Marriott Burlington, as presented. Mr. Barnes seconded. Motion passed 4-0. Mr. Barritt moved that the Commission reconvene as City Council. Mr. Chalnick seconded. Motion passed 4-0. 12. Other Business: No other business was presented. 13. Consider entering into executive session for the purposes of discussion pending litigation to which the City is a party: Mr. Barritt moved that the Council make a finding that premature general public knowledge of confidential attorney-client communications relating to pending litigation to which the City is a party could place the public body at a substantial disadvantage. Mr. Chalnick seconded. Motion passed 4-0. Mr. Barritt then moved that the Council enter into executive session for the purpose of discussing pending litigation to which the City is a party and inviting into the session Ms. Baker, Chief Locke and Mr. McNeill. Mr. Chalnick seconded. Motion passed 4-0. The Council entered into executive session at 9:26 p.m. 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 9:50 p.m. Clerk