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HomeMy WebLinkAboutDraft Minutes - City Council - 06/03/2024 PAGE 1 DRAFT MINUTES CITY COUNCIL 2024 The South Burlington City Council held a regular meeting on Monday, 3 June 2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald, M. Scanlan, L. Smith ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; J. Pellerin, Assistant City Attorney; T. DiPietro, Public Works Director; I. Blanchard, Community Development Director; N. Anderson, City Planning; M. Machar, Finance Director; T. Francis, Deputy Fire Chief; P. Conner, Director of Planning & Zoning; S. Grasso, B. Sirvis, P. Wehman, M. Mittag, Dr. T. Childs, S. Conley, D. Langworthy, R. Doyle 1. Pledge of Allegiance 2. 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. 3. Additions, deletions or changes in the order of Agenda items: Mr. Barritt noted a request to pull Consent Agenda Item “g” for further study. Members also agreed to move Agenda item 11 and 12 to follow item 8. Mr. Chalnick moved to approve the proposed changes to the agenda. Mr. Smith seconded. Motion passed unanimously. 4. Comments and questions from the public not related to the agenda: CITY COUNCIL 3 June 2024 PAGE 2 There were no comments or questions from the public. 5. Announcements, councilors reports from committee assignments and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Ms. Baker: There will be 3 days of city events leading up to a June 19th (Juneteenth) event in Veterans Park. The City Council retreat with the Leadership Team will be held on the morning of 19 June. On 5 June, there will be a reception for students whose art work is now displayed in City Hall. On 10 June, there will be a special City Council meeting for interviews for statutory committee membership. Members discussed whether or not to interview incumbents. Mr. Barritt suggested an 8-minute time limit per applicant. Members were OK with this. Change of property value notices have gone out. Appeal hearings will be held through 18 June. Mr. Barritt noted there are 80 openings at the VTANG base and asked community members to let anyone for whom the Guard could be an option know about the openings 6. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from 1 April 2024, 15 April 2024, and 24 April 2024 City Council meetings c. Authorize the City Manager to execute the “Public Access Agreement and Agreement Regarding Bridge Easement Interstate 89 Pedestrian and Bicycle Bridge” between the City and Burlington U Mall Owner, LLC d. Authorize the City Manager to enter into a contract with Bryx, Inc., for the purchase of fire station alerting software in FY25, for a contract price not to exceed $150,000, to be paid out in two installments over FY25 and FY26, as approved in the Capital Improvement Plan. CITY COUNCIL 3 June 2024 PAGE 3 e. Authorize the City Manager to purchase fire station alerting software for the VTANG Fire Station in FY25 through the use of budgeted FY’25 Capital Improvement Plan dollars in the amount of $43,365. f. Adopt the Accounts Payable and Special Warrant Policy as amended. g. (Deleted For Further Study) Authorize the City Manager to purchase four Nissan Leaf SV Plus vehicles an allocate FY24 surplus funds for this purpose in an amount not to exceed $22,000 h. Approve the submittal of a 2024 Summer Reading Grant to support summer Library programming Mr. Chalnick moved to approve the Consent Agenda, noting that item “G” was deleted. Mr. Smith seconded. Motion passed unanimously. 7. Hold a Third Reading and Second Public Hearing of an update to the Sign Ordinance: Mr. Chalnick moved to open the public hearing of the duly warned proposed amendments to the City’s Sign Ordinance pursuant to 24 V.S.A. Chapter 13, Section 106. Mr. Smith seconded. Motion passed unanimously. Mr. Conner noted the Ordinance includes the one change made by the Council at the first public hearing. One written comment was received from John Floyd, former owner of a sign company. The current owner said he agrees with Mr. Floyd’s comments. Mr. Langworthy who owns a business across from City Hall said he had put out a small banner and was told it is against the Ordinance. He encouraged allowing that as his business in recessed from the road and they need to get people’s attention. There was no further public comment. Mr. Chalnick moved to close the public hearing on the duly warned proposed amendments to the City’s Sign Ordinance. Mr. Smith seconded. Motion passed unanimously. Mr. Conner noted that Mr. Floyd raised 2 points in his written submission: The first is that per Supreme Court ruling, “alteration” cannot apply to the language/wording of a sign. He also questioned why there was a change from 10 to 30 working days for the issuance of a permit. Mr. Conner explained the objective is to issue the permit in fewer days. The change addresses a situation where there might be a complication. CITY COUNCIL 3 June 2024 PAGE 4 Mr. Pellerin said the proposed language is not out of line with the Supreme Court ruling. He said there are some grey areas regarding language, and they are trying to be as clear to the public as possible. Regarding Mr. Langworthy’s comment, Mr. Conner noted the sign he had put up was a “feather flag” which is not allowed. A banner needs to be fixed at both ends. One option is a sandwich board sign on the property, up to 32 sq. ft. in size, for up to 7 days each month. Under the draft ordinance, he can also have a small A-frame sign in the vicinity of the door all year. He also noted that all businesses choose to have their sign on the road. Mr. Langworthy said the road sign was great when there was a road there; the road has been moved. Mr. Conner suggested moving the sign elsewhere on the property near to where the entrance road is. 8. Approve an update to the Sign Ordinance and authorize the formatting of the updated Ordinance to incorporate it into the City Code: Mr. Chalnick moved to pass and adopt the amended Sign Ordinance as publicly warned, pursuant to 24 V.S.A. Chapter 13, Section 106, and to authorize the formatting of this updated Ordinance to incorporate it into the City Code. Mr. Smith seconded. Motion passed unanimously. 9. (previously #11) Approve Resolution #2024-14 establishing a Safe Routes to School Task Force: Mr. Anderson said the aim of the Task Force will be to create a safe way to get children to and from school. He noted that a “greenway” is a nationally used technique as it makes a lesser used street into a safer route to pedestrians and bikers. The pilot project would be installed at the start of the school year to show what this would look like. It could then lead to a longer-range concept. Mr. Anderson showed a map of where the proposed pilot project would be located. It uses an existing gravel drive and is a low-volume traffic road. There will be signs, temporary chalk paint, planters, and other amenities to create awareness. Mr. Anderson then showed a city overview and indicated other locations where this could happen. The project is in partnership with Local Motion. They have all the equipment to help make this happen. They are asking for Council approval of the concept to allow this to happen. Mr. Smith said this is wonderful. He noted some crossings on Hinesburg where a crossing guard would be helpful because there are crosswalks without lights. CITY COUNCIL 3 June 2024 PAGE 5 Ms. Fitzgerald asked about communicating with neighborhoods. Mr. Anderson said they will be doing some promotion including knocking on doors, postering, Front Porch Forum, etc. There may also be some reduced speed limits in some areas which should please people. Mr. Barritt suggested having some adults to help with the process at crossings. Members agreed to delay a vote until after the time of the previous warning for that item. 10. (previously #9) Orientation: Presentation of the Planning & Zoning, Community Development, and the Tax Incremental Financing District: Planning & Zoning: Mr. Conner reviewed the members of the Planning & Zoning Department and noted that the City Council appoints members of the 2 statutory planning committees: the Development Review Board (DRB), a quasi-judicial board which reviews development proposals, and the Planning Commission which engages in long-range planning. Mr. Conner also noted that decisions of the administrative officer are appealable to the DRB, and their decision is appealable to the Superior Court. Mr. Conner then explained the nature of Form Based Code in which the priority is the relationship of buildings to the street. All applications which fall under Form Based Code are reviewed administratively as the regulations are very clear with high design standards. Mr. Conner noted that City Center has been in the city’s Comprehensive Plan since the 1970s. Ms. Blanchard explained that the TIF District was developed in 2012 and updated in 2021. The area was established for economic development, community goals and the specific goal of creating a downtown. She showed a pie chart of “layering” of resources and economic partners and also the timeline for the TIF District. She noted that the city is now at the point where it has to complete projects. The last time to collect increment funds will be in 2037. The big success in City Center has been housing. The emphasis now is on commercial development, restaurants and EV chargers. Some projects are in various stages of completion. Ms. Blanchard then explained how the TIF district works. She stressed that there is now more taxable property in the city because of the commitment the voters have made. She also noted that the TIF district increases the value of funds that go to both the City and the Education Fund (she showed a pie chart of this). Ms. Baker added that TIF is an economic development tool of the State. It is the biggest economic tool CITY COUNCIL 3 June 2024 PAGE 6 in Vermont. She stressed that the School District is not harmed by a TIF, and the State Education Fund is not denied anything as the funds wouldn’t have been there without the TIF, and they get a bigger “pot” at the end of the TIF. Ms. Blanchard then showed the growth in the TIF increment collected and the TIF District Grand List. She noted that on this day, the city received the estimated Grand List for the TIF, and it is right on target. She then showed a chart of Increment Distribution through FY2022 as well as a list of TIF Fiscal Management Tools. The TIF is audited every year and is audited by the State every 5 years. Ms. Baker said South Burlington’s State audit was the cleanest in the state. She also noted that things have changed for the positive since last fall. Mr. Barritt asked when the city can stop collecting funds for the City Center Reserve Fund. Ms. Baker said that will continue through the life of the TIF, more or less. Any balance at the end will go back to city use. Mr. Chalnick said he is curious as to how developers are meeting energy requirements. Ms. Fitzgerald asked if there are benchmarks against other TIF districts. Ms. Blanchard said there are so few TIF districts in Vermont that staff just looks at them. South Burlington is also the only New Town Center TIF; others are very different. Mr. Conner then reviewed the process for the creation of City Plan 2024 and reviewed its key principles. He stressed that the Plan is aspirational and intentionally ambitious. It is in effect for 8 years. The goals are measurable, where possible. Mr. Conner also reviewed the regulatory projects being addressed by the Planning Commission including: Act 47/S-100 compliance, managing transportation in new developments, EV charging, updating the Impact Fee Ordinance, updating the Form Based Code District; addressing recommendations from DDRPC regarding regulations related to trees, implementation of the Climate Action Plan, and updating the Peddler’s Ordinance especially as related to food vending at events. The Commission is also addressing non-regulatory issues such as equity in planning outreach, City Center parking management, and a potential City Center green. Mr. Conner noted a shift in the type of housing in the city from single family to multi family structures. He said this will change the shape of the city. Mr. Chalnick questioned how the city will move toward more climate friendly existing housing stock. Ms. Baker said this will be a huge part of the new Climate Person who will not be part of the Planning team. CITY COUNCIL 3 June 2024 PAGE 7 Mr. Scanlan said that it would be difficult for someone to find housing in City Center as it is mostly senior housing and UVM housing. Ms. Blanchard said all property in City Center is privately owned, and all development is driven by the private sector. Ms. Baker said there has been discussion with a developer who is interested in doing a market rate housing project in City Center. In addition, UVM housing in City Center can free up more housing in the city for non-UVM related residents. Mr. Conner noted the UVM model is unique and is the first time there has been a joint City/UVM partnership. Ms. Blanchard noted that the Tech Hub is a great example of reaching out to partners to encourage economic development. Ms. Baker provided a list of policy documents that Council members can refer to. 11. (previously #10) Discuss the use of American Rescue Plan Act (ARPA) funds to date and future possible allocations and provide direction to staff: Ms. Baker directed attention to emails from committees with requests. She also noted there is $1,500,000 remaining to be spent. This money needs to be allocated by December. She reminded members that the funds can be used for any government purpose. Mr. Barritt suggested a spreadsheet. Ms. Fitzgerald said she would like to see what has been funded through this year’s budget. Mr. Chalnick said he would like to know how much a “village green” will cost as that would be his first choice. Mr. Smith said even the “far flung” ideas are awesome. Ms. Baker said she will provide a spreadsheet. 12. Approve Resolution #2024-14 establishing a Safe Routes to School Task Force: Ms. Baker reviewed the history and said the group has been doing great work for several months. Mr. Chalnick said the Task Force would develop safe routes to schools, identify obstacles and determine how to address them, and promote those routes. The hope is to have this done before schools reopen in the fall. CITY COUNCIL 3 June 2024 PAGE 8 Ms. Grasso said they are also working to establish safe routes to schools teams to work with the schools. They will have educational events and provide options for getting children to school other than by car. Ms. Baker said the hope is to have the funding for this in time for the FY26 budget process. Public comment was then solicited. Mr. DiPietro said this is a great group to work with and he looks forward to helping develop projects. Mr. Chalnick then moved to approve the Resolution establishing the Safe Routes to School Task Force as presented. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Chalnick then moved to approve support of the “greenway” project as presented. Mr. Smith seconded. Motion passed unanimously. 13. Convene as the Board of Health to approve the request that the Vermont Commissioner of Health appoint Patricia Wehman as a Deputy Health Officer for the City of South Burlington pursuant to 18 V.S.A. Section 601: Mr. Chalnick moved that the Council convene as Board of Health. Mr. Smith seconded. Motion passed unanimously. Mr. Smith moved to request that the Vermont Commissioner of Health appoint Patricia Wehman as Deputy Health Officer pursuant to 18 V.S.A. Section 601. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Chalnick moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 14. Convene as Liquor Control Commission to consider the following applications: The Mill Market & Deli, 2nd Class License; Quarry Hill Club, 1st and 3rd Class Restaurant/Bar License and Outside Consumption Permit; Zen Garden, 1st and 3rd Class Restaurant/Bar License: Mr. Scanlan moved to convene as Liquor Control Commission. Mr. Chalnick seconded. Motion passed unanimously. CITY COUNCIL 3 June 2024 PAGE 9 Mr. Chalnick moved to approve the first-, second- and third-class licenses as presented. Mr. Smith seconded. Motion passed unanimously. Mr. Scanlan moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 15. Other Business: Ms. Fitzgerald noted the request from Peter Taylor to put the City Charter Committee on a future agenda. As there was no further business to come before the Council Mr. Scanlan moved to adjourn. Mr. Smith seconded. Motion passed unanimously. The meeting was adjourned at 9:46 p.m. _________________________________ Clerk