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