HomeMy WebLinkAboutDraft Minutes - City Council - 09/09/2024 - Special Meeting
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DRAFT MINUTES
SPECIAL CITY COUNCIL
9 SEPTEMBER 2024
The South Burlington City Council held a special meeting on Monday, 9
September 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; P.
Conner, Director of Planning & Zoning; E. Quallen, Public Works Capital Planner;
C. McNeil, City Attorney; J. Pellerin, Deputy City Attorney; H. Gagne, L.
Kupferman, AC, L. & P. Travers, J. Burton, S. Dooley, R. Greco, F. MacDonald, P.
Tompkins, T. & J. Bellavance, A. Strong, J. & B. Coombs, L. Bailey, B. Britt, J.
Dinklage, P. Taylor, K. Ryder, N. Stanton, C. McQuillan, J. Bossange, H. Riehle, M.
Emery, D. Peters, N. Senecal, M. Simoneau, E. Wehman
1. Pledge of Allegiance:
The Pledge of Allegiance was recited.
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:
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There were no comments or questions.
5. Possible Action: The North East Agricultural Trust (NEAT) and the
South Burlington Land Trust (SBLT) have submitted a request for the
Council to support a joint project a 1720 and 1730 Spear Street
currently called the “Long View Project.” This includes a request for
the City to allocate public funds to support City ownership and
permanent conservation of at least 32.2 acres and the future
development of permanently affordable homes on a subdivided
parcel. The parties are looking for a letter of support for a funding
application to the Vermont Housing and Conservation Board (VHCB).
The Council will hear from the community and consider approving a
letter of support for this project:
Ms. Baker invited the proposers to present an overview.
Mr. Strong reviewed the history of the Open Space Fund. The city has been
studying how to use those funds where they will do the most good. One area of
the city shown to be most important is the Great Swamp, a large portion of which
is on the Long property. Mr. Strong noted that the Interim Zoning Open Space
Committee cited the Long property as a high area for conservation. It is ranked as
the highest habitat block in the city, and the city would have to pay up to $700,000
to reproduce its natural values (e.g. water purification).
Ms. Greco said that in 2022, the Long property was put up for sale. People knew
that it could be purchased for development and hoped the city could do
something. But the city cannot act that fast. Mr. Bellavance said his company,
NEAT, could purchase the land to protect it from development until there could be
a conservation easement. The city then raised the possibility of building some
affordable housing on the land. On 24 December, the Council met in executive
session and 2 weeks later the item was put on a City Council agenda. Ms. Greco
stressed that no decisions were made by the Council in executive session.
Ms. Greco noted that the partners for the proposed project include NEAT,
Vermont Habitat for Humanity (who would build up to 16 affordable units), the
South Burlington Land Trust, and the Vermont Housing and Conservation Board.
She added that this could be a model for other projects in Vermont.
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Mr. Bellavance then explained that he has been doing land conservation for 40
years. He said he purchased the Long property in 2022. He showed a map of the
property location. The property was valued at $636,000. It is now valued at
$700,000.
Mr. Bellavance said they are asking $397,000 from the city toward the
conservation easement, then $64,000 for the land, for a total of $461,000.
They have been talking with Habitat for Humanity regarding a 2.5 acre block with
335 feet of frontage on Spear St. Habitat would pay $600,000 for the property.
This is based on NEAT’s ability to sell the conservation easement.
The city would get a bike path, a chance to put in a water line, and an emergency
entrance.
Ms. Bellavance then stated the question: Does this make financial sense. She
noted that South Burlington has a long history of open space land acquisition
(e.g., the Scott property). The city would get a paved rec path, the potential for
agriculture, and a chance for a water line. Ms. Bellavance stressed that the 4
partners believe in the value of the project; if the city agrees, she said, now is the
time to join the partnership. She added that project meets city’s goals, benefits
the eco-system, and has amenities that improve the quality of life.
Ms. Baker then said that in recent days, staff has interpreted what it heard from
the City Council and had contact with the Vermont Housing and Conservation
Board. The city is offering a draft letter of support with the same figures as Mr.
Bellavance presented. This is conditioned on a third party appraisal, the
conducting of a survey of the property, the current property owners doing a
subdivision of the property, at least 16 units of perpetually affordable housing,
and meeting all state and local regulations. Contingencies for the conservation
easement include a shared use path, emergency access to the property, the ability
for passive recreation, a small number of parking spaces to allow public access,
the city’s right to assign future ownership to a 3rd party, and purchase of the land.
Ms. Baker said there are funds available in the Open Space Fund for the purchase
with $214,000 coming into that fund annually.
Mr. Barritt then opened the floor for public comment.
Mr. Dinklage: Opposed the use of city funds for this project. He said
the LDRs would protect the land, and there should be more residential units
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proposed. He cited the need for workforce housing. He also added that the funds
should better be used to purchase land for a community green in City Center.
Mr. Taylor: Felt the process has not been transparent. He cited the City
Plan as stressing “inclusive, fair and just,” and said open space areas continue to
be focused in the wealthiest area of the city. He agreed with Mr. Dinklage about
using the funds for City Center. He felt $500,000 was too much to spend in the
Southeast Quadrant. He also felt it was inappropriate for Mr. Chalnick not to
recuse himself from this process.
Mr. Britt: The city has been divided because of lack of transparency. He
cited the need for a park in the northwest quadrant of the city and also the City
Center green. He urged the Council to do more diligence and to wait for the Parks
Master Plan. He questioned why so few housing units and why they will take 8
years to build. He suggested the word “adequate” for the proposed parking lot
instead of “small.”
Ms. Bailey: Agreed with the previous speakers. She felt the property is already
protected by the LDRs and that the city should not “bail out” the Bellavance’s
investment.
Mr. Stanton: Lives across the street from the project. He had opposed the
previous 60-70 units of housing on the property but approves this plan. He felt it
was a good balance between housing and conservation.
Ms. McQuillan: Said the project will provide rec path connection, more intact
habitat corridors, and workforce housing near open space.
Mr. Bossange: Fully supports the project. The conserved land will be for all to
enjoy. He said the Southeast Quadrant (SEQ) is where the open land is. He did
not feel it was “elitist” or “exclusive.”
Ms. Emery: Served on the Open Space Committee which said this is one of
the most important parts of the city to conserve. She noted that the Winooski
Valley Park District is conserved land in another part of the city.
Ms. Riehle: Believes the project balances 2 enormous city conversations:
the importance of open space and affordable housing. She urged support.
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Mr. & Mrs. Travers: They live across from where the housing is planned and
said there is very little information regarding the housing. She felt tying this to
housing is premature.
Ms. Dooley: Expressed concern with the value placed on the land and didn’t
think the land could be considered “unrestricted.” She felt the price was inflated.
She stressed that no one is saying the city would have to spend money if it didn’t
protect the land. She was also concerned with setting a precedent and that other
property owners would be asking for equal treatment and that people will think
that being a member of the South Burlington Land Trust is a way to get their land
bought.
Mr. Simoneau: Opposed the project and would like more transparency. He
noted the DRB was prepared to support the 50-units project and said there is no
reason the private sector couldn’t be involved and provide more housing. He
would support maximizing the housing on the site.
Ms. Senecal: It would be helpful to know why the number of housing units
came down to 16.
Ms. Peters: Strongly supports the project as it provides both housing and
conservation.
Mr. Doyle: The amount of land conserved seems to be based on the investment.
Most of the other lands the city has purchased have been previously “disturbed.”
The best place for housing would be on the part of the property near Windswept
where more units could be fit in. He also noted that the official city plan calls for a
road, not a rec path. He also opposed Mr. Chalnick not recusing himself.
There was no further public comment.
Mr. Scanlan said he appreciates the amount of time NEAT and the Land Trust
have put it, but he would have thought that by now the City would have had the
answers to the conditions Ms. Baker read. He questioned whether this project
should have gone through the more traditional land use process.
Ms. Baker said the process has been “non-traditional” from the start. She said
that as she understands it, if the Council does not approve the letter of support
tonight, it could be heard at a December VHCB meeting. She didn’t know how this
would affect the applicant. Mr. Bellavance said he has a responsibility to his
company, and he is looking to make a decision by November 1st.
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Mr. Barritt asked Mr. Bellavance to comment on the agreement with Habitat for
Humanity and why it now reads between 12 to 16 units of housing. Mr.
Bellavance said 16 is comfortable for Habitat. They said they couldn’t make 12
happen. If they had to go to 12, the purchase price would be reduced.
Mr. Scanlan asked if there is an “out clause.” Mr. Bellavance said the cost of
infrastructure. If Habitat can’t build the 16 units, the agreement with the city is not
in effect.
Mr. Smith raised the question of a “bail out” for a bad purchase of real estate.
Mr. Bellavance said this was one of the best land acquisitions he has made. After
6 months, he was offered a $400,000 profit plus $400,000 for the house, and there
have been other options to sell the property. He said this is a very small part of
NEAT’s assets.
Mr. Chalnick asked to attach a map to the letter. Mr. Bellavance said it will not be
fewer than 32.8 acres. Ms. Baker said they can attach a map. She added that staff
thinks it is significantly more than 32.8 acres. Mr. Conner said he thinks it is closer
to 37 acres.
Ms. Fitzgerald reviewed the sequence of events as she recalled them. She was
excited about the opportunity for affordable housing but wished there were more
units. She questioned whether it could be more with the Home Act. She also
added that in an ideal world it would be good to have the Parks Master Plan. This
process is more like “cart before the horse.” She said if she had a choice, she
would prefer a city park over this project, but that choice doesn’t exist now. She
also said the process didn’t allow staff to come to the Council with a
recommendation, but she thought the proposal with all the caveats is the best the
Council can have.
Mr. Scanlan asked about the amount of housing. Ms. Baker said she wrote 16
units and it would need to meet zoning requirements.
Mr. Conner said the minimum density is between 4 and 6 units per developable
acre or 10-14 per 2.5 acres. Most importantly, the project must meet all the
regulations. Ms. Baker said the 2.5 acres is not the total developable acreage.
Mr. Scanlan asked if there are “opt out” clauses for Habitat, and if they did opt
out, is there anyone else to build the housing. Ms. Baker said the city’s
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commitment is contingent on the Habitat housing. Mr. Scanlan asked when the
city would have that commitment. Mr. Bellavance said all the closings would
occur on the same day. They are just asking tonight to continue the process.
Mr. Smith said he generally supports the project.
Mr. Chalnick then moved to approve the letter of support with an added map. Mr.
Smith seconded.
Ms. Fitzgerald recommended adding to the letter clarification that support came
from a previous Council. She also wanted some education regarding fixed term
easements. She then asked if there is opportunity for further community input.
Ms. Fitzgerald said if the City takes possession that could be included. She
suggested language to ensure “community participation to define community
uses of the property.” She also noted the change to “adequate” number of
parking spaces.
Ms. Fitzgerald also cited the concern with Mr. Chalnick not recusing himself
because he is an abutter. This can involve land value, and Ms. Fitzgerald noted
Mr. Chalnick had expressed the possibility of conserving some of his land.
Mr. Chalnick said he will vote an enthusiastic yes as it will give the city 16
affordable units and a rec path and will save the city’s “crown jewel,” the Great
Swamp. He cited the importance of land conservation to address climate change.
He noted that much of the “developable” land involves a new forest and
questioned whether that should be cut down. He felt comments relating to the
Southeast Quadrant were divisive and said that different parts of the city have
different attributes. He noted the SEQ does not have a school. He said that future
Open Space funds can be used for a City Center park.
Mr. Smith said he prefers 16 affordable units to 40 $700,000 homes. He stressed
that what they are doing tonight is not a contract. It is helping people to take the
next step at a lower cost than the city has paid to conserve other land.
Mr. Scanlan said earlier discussions would have gotten the Council to a more
inclusive perception of where things are. He felt this is a unique opportunity for
affordable housing but wanted to explore using more acreage for more housing.
CITY COUNCIL 9 September 2024 PAGE 8
Mr. Barritt felt this was a good plan while the February plan was not. He said he
had only good things to say about Habitat. He added that the land was for sale,
and anyone could have bought it. The Bellavance’s did. This would add
affordable housing to the SEQ where there isn’t a lot now.
Regarding the 10-foot path, Ms. Quallen said that is Public Works’ standard, and
they are comfortable with it.
The motion was then voted on by roll call vote as follows:
Mr. Smith ……………… Yes
Mr. Scanlan……………. No
Mr. Barritt ……………… Yes
Mr. Chalnick …………… Yes
Ms. Fitzgerald ………… Yes
The motion was deemed to have passed 4-1.
6. Other Business:
No other business was presented.
As there was no further business to come before the Council Mr. Chalnick
moved to adjourn. Ms. Fitzgerald seconded. Motion passed unanimously. The
meeting was adjourned at 9:04 p.m.
_________________________________
Clerk