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HomeMy WebLinkAboutMinutes - City Council - 12/18/2023 ii6441 Err SOUthh a€"tig ',s`. VERMO41 SOUTH BURLINGTON CITY COUNCIL MEETING 18 DECEMBER 2023 The South Burlington City Council held a regular meeting on Monday, 18 December 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, A. Chalnick, L. Kupferman Also present: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeill, City Attorney; T. Francis, Fire Marshal; M. Machar, Finance Officer; C. Baker, CCRPC; B. Sirvis, R. Doyle, L. Bailey, D. Campbell, K. Ryder, K. Bailey, D. Philibert, C. Trombly, E. Krasnow, B. Milizia, C. Shaw, B. Britt, C. McQuillen, T. Warren, H. Gagne, M. Cota, S. Dopp, S. Dooley, D. Albrecht, M. Simoneau 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. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. Comments and questions from the public not related to the agenda: No issues were raised. Announcements and City Manager's Report: Council members reported on meetings and events they had attended. Ms. Baker: Thanked the Council for the budget retreat. Municipalities are again going through flooding events; some roads in South Burlington are closed. Attended an all-day meeting in Waterbury with Chief Burke regarding statewide issues regarding people feeling safe in their communities. The city did not get the first of 4 grants applied for for the bike/ped bridge. PAGE 1 There will be a meeting tomorrow with a state delegation regarding projects to benefit Chittenden County. There will be an upgrade to the laser fiche next week which will result in the system being down all day. The light in front of the schools on Dorset Street will be put in next week. City Hall will be closed on 25 December. 70 seniors attended the Senior Holiday event. The Center will be closed all of next week. Reservations are now available for the Valentine Dance. The Illuminate Vermont event will be held on 5 and 6 April 2024, the weekend before the eclipse. This should result in a lot of people being in the area. Consent Agenda: 1.a.a. Approve and Sign Disbursement 1.a.b. Approve minutes from 6 November 2023 and 4 December 2023 City Council meetings 1.a.c. Receive the November 2023 financials 1.a.d. Authorize the submittal of applications to renew the City's New Town Center and Neighborhood Development Area designations 1.a.e. Approve the VTrans Transportation Alternatives Program grant application for the Spear Street Shared Use Path 1.a.f. Approve a Vermont Humanities Rapid Response Grant to implemen5t Vermont Reads 2023 Receive the Chittenden County Planning Commission's (CCRPC) Annual Report: Mr. Baker thanked city representative Chris Shaw and alternate Meaghan Emery. He then directed attention to the list of things that CCRPC engaged in with the city in the past year, including mapping, travel counts and more. Mr. Chalnick said he had worked with 2 of CCRPC's staff on the Climate Action Plan and said the Committee could never have accomplished what it without them. Mr. Baker said that with all the work VTrans has had to do because of state-wide flooding, some of the work will have to "slide back." Mr. Shaw said CCRPC couldn't be more pleased with Mr. Baker. They just received a clean audit. They also now have an equity manager on board and are very excited about that. Mr. Shaw also noted that Mr. Baker is now serving on a national board and bringing back what he is learning there. Ms. Riehle noted that she had attended the CCRPC/Legislative breakfast which was very informative. She said Chittenden County is very diverse, which can be a CITY COUNCIL MEETING DECEMBER 18,2023 PAGE 2 challenge. Mr. Barritt asked what Mr. Baker felt to be the major challenges facing the County. Mr. Baker cited climate and housing as the big ones. There are also capacity issues for smaller communities without the staff, and regional services are try to get those smaller communities to work together. He stressed that every regional planning commission struggles with things like that which cross municipal boundaries. Update to the community of the potential purchase of 1720 and 1730 Spear Street for conservation and affordable housing: Ms. Baker noted that Northeast Agricultural Trust has offered to sell those properties to the City. A negotiation will take place in executive session. The goals are to conserve a majority of the acreage and to use some of it to build a small affordable or mixed income neighborhood. A lot of the specifics are still unknown, and the city working actively on it. Ms. Baker said the feeling is that a path can move forward in 2024. She also noted special thanks to the Bellavance family for their role in this. Ms. Dooley asked how this interacts with the Land Development Regulations. She assumed this would be a Conservation PUD which requires a minimum of 70% of the land to be conserved. Would the city buy what isn't conserved? Ms. Dooley noted that in the minutes of the South Burlington Land Trust there is talk of dividing the property into small pieces. She questioned how this fits with the LDRs. Ms. Baker said any plan will follow the LDRs. The property is likely to be a Conservation PUD, but the details are not yet known. Staff is working to bring the highest and best project to the city. Ms. Bellevance said they have been waiting for an appraisal for more than 8 months. Mr. Simoneau said he shares Ms. Dooley's concerns. It is rare to see a buyer spend $1,300,000 for a property without an idea of what that property will become. The site is perfectly suited for housing with access. There is an acute housing shortage. Mr. Simoneau also noted that the Longs had submitted a proposal for 49 units that was denied. He hoped the city would pursue a path that would provide the maximum number of homes allowable. Mr. Albrecht said there was a time when conservation funds were more at play. He felt it was "weird" to spend city resources on property, the bulk of which cannot be developed. He was also disappointed with the city buying property with taxpayer money that the taxpayers have no access to (e.g., Hubbard/Underwood). He added that dense development is the best thing to fight climate change. Consider Charter Change Language to expand the number of School Board members to seven and set Public Hearing Dates at Special Meetings on 22 January 2024at 6:45 p.m. and on 29 January 2025 at 6:30 p.m.: CITY COUNCIL MEETING DECEMBER 18, 2023 PAGE 3 Mr. McNeill said the city has worked with the School District to amend the City Charter to increase the number of School Board members from 5 to 7. Two public hearings are required. Ballot language will be available at the first of the public hearings. Mr. Warren said the School Board feels that more representation on the Board will help the community. The Board has a lot of issues to deal with, and it was a unanimous decision to ask for the increase in their numbers. Ms. Bailey added that the School Board's motion was made on 6 December 2023. Mr. Holman said he wished the School Board had gone to 8 members as that would make it easier to deal with the open meeting law. Mr. Barritt moved that the City Council move forward for the public's consideration the proposed amendment to the South Burlington City Charter, sets public hearings to consider the proposed amendment for January 22, 2024 and January 29, 2024, directs the City administration to comply with the notice and other requirement of 17.V.S.A. Section 2645, and resolves that after the public hearings and any revisions to the language, the City Council may take a vote that the proposed amendment be placed on the ballot of the annual City meeting to be held on March5, 2024. Ms. Emery seconded, and motion passed unanimously. Further consider a proposed Residential Rental Ordinance, information on staffing and space planning, and provide direction to staff in anticipation of a future first reading: Chief Locke said that outstanding issues have been resolved including the $25 fee for permanently affordable units. The ordinance will allow rental units with non- residential owners to continue through 202. It also clarifies noise language. Home-shares and the renting of a room in an owner's home are exempted. Mr. Barritt asked about the 14-days rule. Mr. McNeill said if a rental is for 14 days in a year, it is a short-term rental. If you rent out for only 7 days in a year, it is not a short-term rental. Mr. Barritt also asked about the "owner's address." Mr. McNeill said that owners will have to prove that the residence includes a rental unit is their primary residence. Mr. Chalnick recalled that a few people came to the Council with what he felt were valid concerns for non-owner occupied rentals and would have economic hardships without those rentals. He noted that the proposed language gives those people time to plan and make decisions. He also felt that the enforcement of the Ordinance should begin as of this meeting's date. Mr. McNeill said he would be concerned with an effective date that was prior to public notice. Ms. Riehle agreed with having the Ordinance effective upon passage. Mr. Barritt asked about inspections and possible waivers for properties that have other inspection requirements. Ms. Baker noted that when Winooski properties were allowed a less rigid inspection system, there were incidents that resulted in harm to people. CITY COUNCIL MEETING DECEMBER 18, 2023 1 PAGE 4 Mr. Doyle suggested "piggy-backing" on Burlington's system to save money. Chief Locke said they will be looking at Burlington's software system next week. Other than that, he would have concerns with "regionalizing." Mr. VonTurkevich said he agreed with the desire to stop conversion of housing stock into short-term rentals. He asked about allowing the building of new short-term rentals. Mr. Chalnick said he would have a hard time allowing a "hotel" in a residential area. There are areas of the city zoned to allow hotels. A representative of Cathedral Square said they support the registry. They would like to exempt affordable housing from the regulations because of the added costs. She noted that their units are inspected at least annually. As an alternative, she suggested co-ordinating inspection times. Chief Locke noted that an inspection is good for 5 years unless there are violations. He added that they would not test alarms if there is a sticker from a reputable inspector. Ms. Baker said the Council will get a "first reading." FY25 Budget —Additional Council discussion and warn a public hearing for 16 January at 7:00 p.m.: Ms. Baker noted that all information is on the city's website. Ms. Machar then reviewed changes made to the proposed budget following the budget retreat. These include funding the Climate Action Plan items from ARPA funds, reducing the contribution to the Affordable Housing Trust to $75,000, reducing the curbs and sidewalk amount and increasing the bike/ped amount by an equal number. These changes result in a reduced tax rate of 5.82%. Ms. Machar noted that the Council did not decide on 3 items: the Market Street/Hinesburg Road signal, the Parks Master Plan and cost sharing for the Hinesburg Road multi-use path. Mr. Chalnick asked not to reduce the sidewalk budget by $10,000. Ms. Baker said that can be added back into the expense budget with a negligible change. Mr. Chalnick said he was OK with the traffic signal coming out of surplus funds but felt it should come from impact fees. Ms. Baker said there are $200,000 of impact fees in that project. Mr. Conner explained that impact fees can only be used to fund the incremental increase, even if the cost is a new cost. Ms. Riehle said she had a small increase to propose which has a funding source. Turning Point is a small non-profit that deals with people recovering from substance issues. They are looking for $5,000 from each community. The city has money in the Opioid Fund, and this is an important service that the city currently does not have. Ms. Machar said there is $44,906 in the Opioid Fund. Ms. Baker said she would totally support $5,000 or $10,000. She suggested that before all of CITY COUNCIL MEETING DECEMBER 18,2023 I PAGE 5 those funds are spent, the Council should talk with Chief Burke who serves on the State Board. Ms. Riehle moved to use $10,000 of the Opioid Fund as a donation to Turning Point. Mr. Kupferman seconded. Motion passed unanimously. Ms. Baker then asked if/how the Council would fund the $125,000 for a Parks Master Plan and $200,000 for the Hinesburg Road path. Mr. Chalnick suggested ARPA funds and members agreed. They also agreed to fund the Hinesburg Road/Market Street traffic signal from a combination of impact fees and surplus funds. Mr. Kupferman asked whether the Council has discussed funding the rental registry from ARPA funds. Ms. Riehle said they have not. One thought was to use money from an enterprise fund and then pay it back. Chief Locke said those funds would not be enough to cover all the expense. It would take $1,700,000 which will require a $500,000 infusion of cash. Ms. Riehle suggested ARPA funds. Mr. Chalnick said he wouldn't support that and suggested increasing the fees. Mr. Barritt then moved to warn a public hearing for the FY24 budget and CIP on 16 January 2024. Mr. Chalnick seconded. Motion passed unanimously. Receive the City's Annual Sustainability Report: Mr. Conner said a lot of work is being done. It is outlined in his written report. The city will be submitting a request to CCRPC to begin analyses regarding total vehicle miles, the number of EVUs, etc. This will begin to provide quantitative data. Ms. Riehle asked whether the report will include improvement at the schools. Mr. Conner said there could be a joint report if the Council wants that. He noted that electric buses provide a huge savings on miles and fuel. He felt it is good for the public to see what the entire city is doing to meet the goals. Mr. Chalnick said he would like to move faster and cited "low hanging" LDR things that could regulate fossil fuel usage. Ms. Baker said they would need staff to do that work. Mr. Conner noted there is an item regarding EV charging coming to the Planning Commission. There will also be a new set of statewide rules coming out which Planning staff is looking at. CITY COUNCIL MEETING DECEMBER 18,2023 PAGE 6 Convene as South Burlington Liquor Control Commission to consider First Class and Third Class Restaurant/Bar and Outside Consumption Permit(s)for The Old Post, LLC, Windjammer and the Pour House: Ms. Emery moved that the Council convene as Liquor Control Commission. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to approve the 3 Liquor licenses as presented. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to reconvene as City Council. Ms. Riehle seconded. Motion passed unanimously. Other Business: No other business was presented. As there was no further business to come before the Council Ms. Emery moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:04 p.m. f Clerk CITY COUNCIL MEETING DECEMBER 18,2023 PAGE 7