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HomeMy WebLinkAboutMinutes - City Council - 08/05/2019CITY COUNCIL 5 AUGUST 2019 The South Burlington City Council held a regular meeting on Monday, 5 August 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: M. Emery, Acting Chair; T. Barritt, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Lafferty, City Attorney; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; I. Blanchard, Project Manager; C. Holm, Director of Community Engagement; M. Mittag, S. Dooley, R. Greco, J. Ilick, D. Burke, T. Shepard, Mr. Perkell, J. Lawless, L. Boardman, other members of the pubic 1. Instructions on exiting building in case of emergency: Mr. Dorn provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and Questions from the public not related to the agenda: Ms. Dooley expressed concern with the award of a contract regarding a Recreation facility in Veterans Park. She noted the potential bond issue(s) for school construction projects and the potential for residents to have to pay for sound mitigation and felt the city residents can’t handle more. She was not opposed to the Recreation facility, but said this is not the time. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: There was another great SoBu night out last week and another one coming up on Thursday. He and Mr. Hubbard met with School Superintendent Young. He and Ms. Holm met with Freeman French Freeman. Attended a meeting for recipients of grants from UVM. The Staff lunch for Public Works employees is set for 21 August. Common Roots will be serving. Mr. Barritt expressed appreciation for the mental health collaboration the city is a part of. He cited the importance of understanding people who are experiencing psychological incidents. CITY COUNCIL 5 AUGUST 2019 PAGE 2 5. Consent Agenda: A. Approve and Sign Disbursement B. Accept Irrevocable Offers on Dedication for Willowbrook Lane and of easements and rights of way for sanitary sewer pump station and associated and appurtenant infrastructure, a turnaround, fire hydrant, recreation and bike path, all subject to and contingent on the City’s receipt of any necessary waivers (subordination agreements, discharges) C. Acceptance of Commerce Square Shopping Center Stormwater Permits under the City’s MS4 Permit D. Agreement to Reconstruct Stonehedge Drainage Swale E. Award of Construction Contract for the Kennedy Drive Stormwater Ponds 5 & 6 Improvement Project F. Consider and possibly approve update to Planning & Zoning fee schedule. Mr. Barritt moved to approve the Consent Agenda as presented. Mr. Chittenden seconded. Ms. Emery asked abut item #C. Mr. Rabidoux explained the history. He noted there is no way for commercial properties to get coverage easier than this. This is the first one the city has constructed. There will be more. Commerce Square paid 16% of the project, based on the percentage of land they own. In the vote that followed, the motion passed 4-0. Mr. Rabidoux replied to a question raised by a resident regarding safety at Tilley Drive/Hinesburg Road. He said this is a state road, and the state has control over what goes in there. He added that at some point, a traffic signal will be required there. 6. City and School Collaboration: Mr. Hubbard said that in the monthly meeting between Board chairs, City Manager, Deputy City Manager and Superintendent of School, various collaborations were discussed including the exchange of each other’s agendas (this has been done), bullet pointing items of significance, Market St. construction, Master Planning and Visioning (looking at synergies that would be compatible). Mr. Dorn noted that he and Mr. Hubbard met with Supt. Young on 2 August to discuss Master Planning/Visioning and where synergies could exist, especially in areas of recreation and the arts. They are trying to arrange a meeting with the people proposing a Performing Arts Center. CITY COUNCIL 5 AUGUST 2019 PAGE 3 7. Update of Market Street Reconstruction and also on the 180 Market Street Community Center Project: Mr. Rabidoux said that the base coat of pavement will be put down next week. This will provide a travelable surface. After that, work will be done “out of the way,” not in the middle of the road. In late October/early November, the last coat of pavement will be put down, and the road will be marked. Landscaping is being done now. The new apartments will be occupied as of 1 August, and school personnel are already attending meetings at the school. Mr. Barritt asked about watering of the plantings. Mr. Rabidoux explained that this is part of the contract, which has a one-year warranty. Ms. Blanchard then reported that the city has an Act 250 jurisdictional opinion. They also have DRB approvals, including subdivision of the lot. The School District has signed the addendum to the MOU and other documents. The Site Plan Application for 180 Market St. is complete and is awaiting signature of the owners. Revised stormwater plans are being looked at, including revised costs. Cost savings are being considered throughout the project. A fall start to construction is anticipated, if everything is signed expeditiously. Completion is slated for early spring or late winter of 2021. Mr. Chittenden asked whether they are within cost estimates regarding the road. Ms. Blanchard said the stormwater option is more expensive, and this will come to the Council with options. Mr. Conner then explained the zoning issue with Allard Square. The Administrative officer determined they are not in full compliance and did not issue a permanent CO. That decision was upheld by the DRB and is now being appealed to the Environmental court. The Court’s decision is on hold pending discussions between the parties. Ms. Emery asked about communication with the School District. Ms. Blanchard said they are in touch. There will be regular weekly meetings during construction to which the School District will be a part. Ms. Blanchard also explained how the city has worked proactively with local businesses during Market St. construction. CITY COUNCIL 5 AUGUST 2019 PAGE 4 8. Briefing for Council on Potential Future Action that May be needed Related to Transportation Improvements on Kimball Avenue and the status of irrevocable offer of dedication for a road within Technology Park. Mr. Conner said this is a preview of a request the Council will see at its next meeting. There are projects in Technology Park that are moving forward at the DRB. The traffic study indicates that the traffic from these facilities will reach the point of triggering action at the intersection. 15% of that intersection capacity will be used up by the new building. The Council will see information regarding use of road impact fees (Mr. Conner explained how these fees work). He stressed that impact fees can only be charged to a developer based on new traffic generated by the development. The request the Council will see will be to add Community Drive East and Kimball Avenue to the list of eligible roads in the Impact Fee Ordinance so the developer will get credit for this. Mr. Rabidoux noted that one of the projects on the list is the Tilley Drive Connector. The Community Drive project could be considered an extension of that project. Mr. Conner said the question will be how to make the most effective use of the total amount of money. There will also be another request to eliminate an Offer of Dedication for a small piece of road that is now meaningless. Mr. Ilick explained some elements of the project, particularly those relating to paths and trails. Mr. Barritt made a plea to consider a roundabout at Kimball Avenue. Ms. Greco cited a potential problem at Gregory Drive/Williston Road. Mr. Rabidoux said there is not enough sight distance for a signal at that location. 9. Update on Community Identity and Engagement, including Consensus App pilot project: Ms. Holm reviewed the history of branding projects, including the new banners in the 4 districts of the city. She cited positive feedback to these efforts. She also stressed that there is no intent to change the name of the city. CITY COUNCIL 5 AUGUST 2019 PAGE 5 Ms. Holm then reviewed the usage of the new Consensus App. There are over 700 registered users. About 200 of these have attempted verification. She then reviewed some of the questions to which users have been responding and encouraged the Council to send her any questions they would like included. Mr. Dorn stressed that this is a pilot program, and the city wants to hear of any issues users are having. Mr. Barritt suggested a Consensus banner at SoBu Night Out. 10. Update on digital records and public access; implementation of Laserfiche and business automation tools: Ms. Holm explained the change to Laserfiche from Clerk Base and demonstrated how it works. There will be forms created for permits that people can access through an automated process. Mr. Conner then explained that this has been a boon for Planning and Zoning Records. The DRB has asked for more context regarding properties/applications, etc., and this system can provide that quickly. Ms. Holm said the fee is comparable to what the city was paying for Clerk Base. 11. Public Hearing: Interim Zoning Application IZ-19-02 of Rivers Edge Building Development to subdivide a 4.22 acre parcel into 9 parcels, including a proposed public road, and to construct 11 dwelling units as a PUD on the newly established parcels, 1227 Dorset Street: Mr. Chittenden moved to open the public hearing. Mr. Kaufman seconded. Motion passed 4-0. Those giving testimony were sworn in. Mr. Burke then explained the history of the property. He said they had assumed it was not part of Interim Zoning because it is on a Master Plan and is subject to a Court ordered ruling. They are looking for an exemption based on those 2 facts. The project will consist of 11 single family units which is within the stipulation that there nothing larger than a 4-plex. CITY COUNCIL 5 AUGUST 2019 PAGE 6 Mr. Perkell of the Ironwood Association expressed concern with the number of units and the compatibility of size and color. He also cited increased traffic on Dorset St. Mr. Barritt asked if this was th project that triggered the sidewalk completion on Park Rd.. Mr. Burke said it does not. He noted that they will have to go through Act 250. Mr. Mittag reminded the Council that the Planning Commission is working on new PUD standards for properties over 4 acres. Ms. Emery asked what the Judge’s ruling allows. Ms. Lafferty explained that as a result of litigation, there is a Consent Order and Decree which established under which set of regulations each section of the development is to be governed. Ms. Lawless felt this project will change the ambiance of the whole area and compromise views. Ms. Boardman asked about the process involved. Mr. Conner explained the application process which leads to a DRB presentation. He noted that in this case they were looking at how to maximize resources on the property. He noted that the parties have agreed to narrower streets, even though they could be built under wider the 2003 standards. Mr. Burke said the Master Plan indicates 11 units, and that’s what they will build as part of the Court settlement. The units won’t be affordable, ranging from $500,000. Up. Mr. Perkell felt this project should not be eliminated from Interim Zoning. Ms. Lafferty stressed that this project cannot be subject to any decision that comes out of Interim Zoning. Mr. Conner said the Council’s role now is to determine whether the project is consistent with the Court settlement. The project will be heard by the DRB under the 2003 rules and will go through Act 250. Ms. Greco acknowledged that the developer does not have to abide by current regulations or anything that comes out of Interim Zoning but asked them to consider doing this. Mr. Barritt moved to close the public hearing. Mr. Chittenden seconded. Motion passed 4-0. CITY COUNCIL 5 AUGUST 2019 PAGE 7 12. Continued discussion on Upcoming Deadline for the expiration of Interim Zoning: It was noted that the Council will be meeting on Friday at 4 p.m. to consider this issue. Ms. Emery noted the time lines indicated by various IZ committees. She also noted that the Council can extend Interim Zoning by 3 month increments after the first 9 months. Mr. Chittenden said he is impressed with the committee work. He still doesn’t believe Interim Zoning is needed, but the votes are there and his isn’t needed. 13. Councilors’ Reports From Committee Assignments: Mr. Barritt: The Pension Advisory Board has met and has taken note of recent changes affecting the city’s earnings. The TDR Interim Zoning Committee is finalizing some changes to its last draft. Mr. Chittenden: Green Mountain Transit: He will be Chair until 1 January 2020. There is an interim manager and a search is underway for a new Manager. Ms. Emery: The Open Space Interim Zoning Committee will meet on 13 August to prepare to put together its final package. 14. Other Business: a. Council members deliberated on the Interim Zoning application heard earlier. Members felt they would approve the appeal as they have no jurisdiction because of the Court settlement and decree. Mr. Conner said members will receive a draft motion which they can act upon at the next meeting. b. Mr. Barritt asked whether Overlook Park will be paved. Mr. Hubbard said it will. c. Mr. Barritt also noted his wife has a “Go Fund Me” for supplies for the utility box painting being done around the city. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed 4-0. The meeting was adjourned at 9:36 p.m.