Loading...
HomeMy WebLinkAboutDraft Minutes - City Council - 06/17/2024 PAGE 1 DRAFT MINUTES CITY COUNCIL 17 JUNE 2024 The South Burlington City Council held a regular meeting on Monday, 17 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, Deputy City Attorney; P. Conner, Director of Planning & Zoning; T. DiPietro, Public Works Director; D. Wheeler, Water Resources Engineer; M. Rorabaugh, Stormwater Superintendent; M. Machar, Finance Officer; E. Quallen, Public Works; B. Boozan, L. Getz, D. Peters, R. Fischer, R. Doyle, F. MacDonald, S. Kershner, B. Milizia, M. Simoneau, N. Senecal, R. Greco, E. Buzby, B. Sirvis, A. Chalnick, A. Strong, R. Jeffers, M. Mittag, J. Nizely, A. Allen 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: No changes were made to the Agenda. 4. Comments and questions from the public not related to the agenda: Ms. Getz indicated support for waiting for the Parks/Recreation Master Plan before making a decision regarding Hubbard Park. CITY COUNCIL 17 June 2024 PAGE 2 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: The City is reviewing the 250 bill which passed in the Legislature over the Governor’s veto. Property tax bills will go out on time. Regarding paving, the money for Dorset Street paving that is in this year’s budget will be rolled over to the FY25 budget. The Council will set the tax rate at its 1 July 2024 meeting. Ms. Baker will be remote at the 15 July City Council meeting. Ms. Baker, Ms. Blanchard and Ms. Machar met with the Vermont Economic Progress Council last week as part of their Spring Monitoring Visit of the City’s TIF District. Very positive things were shared about South Burlington’s TIF. The City and the Library Trustees are reviewing the Memorandum of Understanding between the groups and will bring a proposal to the Council and Trustees. South Burlington Night Out at Veteran’s Park starts on Thursday. There will also be daily fitness activities in parks across the City during July. Juneteenth events will be held on Tuesday at the Library and Wednesday at Veterans’ Park. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from the 6 May 2024 City Council meeting c. Receive the May Financial Statements d. Approve the FY25 Rental Registry Budget e. Approve Resolution 2024-15 expanding the Sexton’s Committee f. Approve Appointments to the Planning Commission, Charter Committee, Development Review Board, Library Board of Trustees, Sextons Committee, and Pension Advisory Committee as presented The presented list was as follows: CITY COUNCIL 17 June 2024 PAGE 3 Planning Commission: Jessica Louisos – 4 year term Colin Laurence – 3 year term City Charter: Peter Taylor – 3 Year term Development Review Board: Frank Kochman – 4 year term Jody Lesko – 3 year term Library Board of Trustees – Whitney Kirzinger – 3 year term Theodore Lenski – 3 year term Donna Swartwout – 3 year term Rebecca Stazi – 3 year term Sextons Committee: Peter Taylor – 3 year term Donna Kinville – 3 year term Jennifer McClory – 3 year term Chuck Rainville – 3 year term Pension Advisory Committee: Spencer Baker – 1 year term g. Authorize the City Manager to execute a contract with Krebs & Lansing for design and construction services related to improvements at Veteran’s Memorial Park Following some clarifying questions and answers regarding disbursement items, Mr. Chalnick moved to approve the Consent Agenda as presented. Mr. Smith seconded. Motion passed unanimously. 6. First Reading of an Update to the Sewer and Stormwater Ordinance and possibly set a Public Hearing for 5 August 2024 at 7:00 p.m.: Mr. Wheeler said the Ordinance establishes the regulations for the management, operation and maintenance of the sewer system and provides guidelines for sewer connections, usage, fees and enforcement. The major changes to the Ordinance include: a. Establishment of a sewer service area b. Updates to billing c. Updates and allocation requirements d. Additions to DPW standards e. Separation of stormwater and sewer into separate sections CITY COUNCIL 17 June 2024 PAGE 4 Mr. Wheeler then showed a map of the sewer service area and noted it is similar to the water service area with the addition of several added areas that cannot be served by water. It also establishes a clear interpretation of Act 47. Mr. Wheeler also explained the metering for wastewater only customers. Mr. Smith asked whether the Fire District in Queen City Park could use the meter for water use. Mr. DiPietro said they can discuss how the readings get shared. Mr. Smith asked about the timeline. Mr. DiPietro said this is not in the Ordinance, and the intention is to discuss it at this meeting. Mr. Smith asked the cost of a meter. Mr. DiPietro said just under $1000.00. Mr. Smith noted that metering encourages conservation. Mr. Wheeler noted there should be a payback paid for Queen City Park. Mr. Wheeler said the Ordinance includes a base rate option, but this has no stated rate. It could happen in the future. Mr. Wheeler then reviewed amendments to allocation requirements including the following: a. Streamlined how allocation fees are paid (to reduce paperwork) b. Clarified allocation vs. connection fees c. Specified what happens if a property is vacant for 3 years d. Clarified that an allocation runs with the land, not with the property owner Miscellaneous updates include: a. Added references to DPW standards b. Updated job titles, outdated language, etc. c. Made civil penalties and waiver fees consistent with other Ordinances Mr. Wheeler then explained the ongoing Industrial User Survey which will result in additional sections to Ordinance, including what the city must do to limit certain pollutants and other high-strength wastes that can impact the wastewater treatment process. Stormwater Ordinance: CITY COUNCIL 17 June 2024 PAGE 5 Ms. Rorabaugh said the Ordinance establishes the regulations appropriate to how the system is managed and maintained. It was felt this would be easier to understand if it became a separate Ordinance. The revised Ordinance changes the billing calculation to conform with State law which requires the use of an average rather than a median. The city will now have to resurvey all of the impervious in the City. It will be done on a GIS basis. Mr. Barritt noted the State keeps changing the laws, making them stricter. This has required some HOAs to come into compliance. Mr. Chalnick suggested asking the Planning Commission to review the Ordinances. Mr. Smith moved to pass the second reading of the update to the Sewer and Stormwater Ordinance and to set a Public Hearing for 5 August 2024 at 7:00 p.m. Mr. Chalnick seconded. Motion passed unanimously. Mr. Chalnick then moved to ask the Planning Commission to review the Sewer Service Map in connection with the Water Service Map. Mr. Smith seconded. Mr. Smith asked whether there would have to be a third reading if the Planning Commission recommends changes. Mr. Chalnick said there would. Mr. Conner suggested amending the motion to include the wording “with possible additions after the approval of this set of amendments.” The motion was so amended. In the vote that followed, the motion passed 3-2. 7. Council discussion of the next steps related to Hubbard Recreation and Natural Area permanent conservation easement and provide direction or request additional information from staff: Ms. Baker said the City has a partner willing to work on a conservation easement. She asked Council members to provide guidance around the details of a permanent conservation easement. Staff and the partner would then develop documents that would come back to the Council for action. Mr. Barritt said the parcel is a gen with some old forest areas and a wonderful meadow. There will be a paved bike path. He would like to see everything east of the path conserved. He would like to see the Common Roots use continued. He felt there are some options for public passive recreation use. CITY COUNCIL 17 June 2024 PAGE 6 Mr. Smith said he agreed with Mr. Barritt in many ways. He felt there are many ways a conservation easement can be constructed. The east side of the meadow is wetland, not appropriate for a ballfield or a building. He felt it makes sense to protect that. Mr. Scanlan said it is a unique piece of land for all citizens. People should have access to the views. There should also be areas for people with limited mobility and for toddlers. Mr. Chalnick agreed all areas to the east should be conserved. To the west it should be kept open for passive uses, which should be spelled out. Ms. Fitzgerald said it is a beautiful property. She has a problem reconciling the original vision. She was not comfortable voting at this meeting. She suggested some flexibility as it is uncertain what may happen 10+ years down the road. She supported holding off on a final decision until there is a Parks Master Plan. Mr. Barritt asked when the Master Plan is anticipated. Mr. Matth said late 2025. Mr. Smith noted Council votes in 2023 on how to move forward. He wasn’t sure he would want to change that. He suggested getting whatever information the city can on a conservation easement while waiting for a Master Plan. Ms. Fitzgerald said her reservations are not to undermine the City Council vote, but it was a significant change from the original plan. She would like to re-engage the public. Mr. Smith said it was a clear vote on the conservation easement. Ms. Baker said the exact language was “pursue what it would take to conserve the rest of the park.” Mr. Chalnick said there was a lot of public input at that meeting, and the Council’s vote was unanimous. Mr. Scanlan said this does not have to be an “either/or,” but they must plan, and there has to be balance. He felt they should not rush and suggested a 3-5 year horizon. Mr. Mittag said nothing has happened in a year since the Council vote. He felt that was unacceptable. CITY COUNCIL 17 June 2024 PAGE 7 Ms. Greco said the land was purchased in 2013, and there have been visioning sessions with a lot of input. More people wanted conservation and keeping the food area. She was concerned that zoning could change and cited what the State is doing to change zoning. She offered the services of the South Burlington Land Trust to help carry out what the previous City Council did. Mr. Simoneau said the property was purchased a while ago, and the City Council then approved a Master Plan. He added that it is not uncommon for Council votes to be changed over time. He did not feel the Council’s decision represented what the entire community wants, and that waiting a year to “get it right” isn’t wrong. He noted that Central Park in New York doesn’t have a conservation easement and said that Hubbard should remain a park for the people. Ms. Buzby highly recommended waiting until the Parks Master Plan is finished. She felt that input was disproportionately from the southeast quadrant and that there should be city-wide input. Mr. Nizely said the proposed path is “shared use.” There has been no update on what kind of surfaces the path will have. He questioned whether the path can cross a Class 2 wetland and whether electric bikes should be allowed. Mr. Strong said it is partly true that parks are for people. He cited the health benefits of being outdoors. He felt there should be both conservation and public use of Hubbard with agriculture on the west side. Mr. Doyle cited the problem of trying to reconcile emotions very quickly. He said there are reasons for a Parks Master Plan and felt the city can get through that process. Ms. Allen cautioned against going forward with the conservation easement as it could hinder climate change mitigation. There could be a flood plain to address potential flooding and preserve people’s homes, preventing what happened in Waterbury. She urged the Council to do nothing permanent, at least until the Parks Master Plan is completed and to let future citizens decide what to do with Hubbard. Mr. Simoneau noted that there is a lease agreement between the City and Common Roots for agricultural use of the 6 acres, and there is broad support for that to continue and be enhanced for possible community gardens. He felt it would be unfair to constrain park use so that couldn't happen. CITY COUNCIL 17 June 2024 PAGE 8 Ms. Senecal asked about the risks of giving another entity complete control of the area. Mr. Barritt said there are easements on Wheeler Park, including 2 Act 250 easements. Ms. Jeffers said the current Common Roots lease is for 4 acres which is needed for food equity in the community, and that need is growing. Two acres are now being farmed. Mr. Barritt questioned whether to ask what types of passive recreation could be built into a conservation easement. Mr. Smith said “yes.” He asked about possible options for the west side of the property and a city-wide vote in a way that respects the community. Mr. Barritt suggested the compromise of conserving what should be conserved and allowing pubic access to the west of the path including agriculture. Mr. Scanlan added drawing in information from the Master Plan so all equities have been looked at. Mr. Chalnick then moved to work with the third party on a conservation easement to conserve Hubbard Park to the east of the proposed path and to conserve to the west of the path but allow passive recreation uses with public access and agriculture consistent with the character of the area. Mr. Smith seconded. The motion passed unanimously. 8. Continue to review the use of American Rescue Plan Act (ARPA) funds allocated to date and discuss future possible allocations. Provide direction to staff: Ms. Baker noted that staff has provided the spreadsheet requested by the Council. Ms. Machar reminded the Council that allocations must be made by the end of the year. Mr. Chalnick asked if the funds could be allocated to the general fund for the next fiscal year. Ms. Baker said the funds could be allocated generally, broad enough so that a lot of things could get done. The money still has to be spent within 2 years. Mr. Barritt said he wants to come up with a set of allocations from the spreadsheet ideas. The intent was to help communities deal with the COVID pandemic. Mr. Scanlan cited the challenge of getting budgets passed. Mr. Chalnick felt the closeness of the vote on the city budget was a general angst regarding the school budget. He didn’t feel that would happen next year. CITY COUNCIL 17 June 2024 PAGE 9 Mr. Barritt said there are a lot of requests from committees that will do positive things. He suggested going through the spreadsheet to see what is the most feasible so the money can be distributed fairly. He suggested each councilor put a value beside each item they want to fund and then “negotiate.” Members responded as follows: Mr. Barritt: Economic Development Plan $50,000 for a Public Arts/Cultural Plan Book van for the Library for outreach Mr. Scanlan: Economic Development Plan System modernization ($100,000) Deferred maintenance of Veterans Park (815,000) ADU grant (250,000) Fit up grants for business to locate on Market St. (145,000) Mr. Chalnick: Economic Development Plan Cultural Plan Energy Committee incentives for E-bikes to low-income households The remainder to a “village green” Ms. Fitzgerald: Veterans Park deferred maintenance System upgrades for permitting and finance Book van for the Library Other incentives Mr. Smith: Cultural Plan Economic Development Plan Energy Committee incentives City Center green Ms. Allen said the number of low-income people who want e-bikes is probably zero. They generally live where there are no trails, etc. She asked the Council to consider people who are really hurting. She favored the book van and economic development to create jobs. Ms. Baker said the Council’s preferences amount to $1,600,000.00 and do not include some items on the spreadsheet. CITY COUNCIL 17 June 2024 PAGE 10 9. Convene as Liquor Control Commission to consider the following applications for approval: Double Tree by Hilton, Outside Consumption Limited Permit; Delta Hotels by Marriott, Outside Consumption Permit: Mr. Chalnick moved that the Council convene as Liquor Control Commission. Mr. Scanlan seconded. Motion passed unanimously. Mr. Smith moved to approve the application of Double Tree by Hilton and Delta Hotels by Marriott as presented. Mr. Scanlan seconded. Motion passed unanimously. Mr. Chalnick moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 10. Other Business: Mr. Chalnick and Mr. Barritt agreed to do the 13 July “Coffee with a Councilor.” Mr. Chalnick and Mr. Smith will do the 20 July “Coffee with a Councilor.” As there was no further business to come before the Council Mr. Chalnick moved to adjourn. Mr. Smith seconded. Motion passed unanimously. The meeting was adjourned at 9:45 p.m. _________________________________ Clerk