HomeMy WebLinkAboutAgenda - City Council - 09/16/2019AGENDA
SOUTH BURLINGTON CITY COUNCIL
South Burlington City Hall
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Regular Session 6:30 P.M. Monday, September 16, 2019
1.Pledge of Allegiance. (6:30 – 6:31 PM)
2.Instructions on exiting building in case of emergency. Kevin Dorn (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:33 PM)
4.Possible Executive Session to receive legal advice from City Attorney on matters related to permit
appeals and on matters related to potential legal action. (6:33 – 7:30 PM)
5.Public hearing on proposed Land Development Regulation amendments: Paul Conner (7:30 – 8:00
PM)
A.LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi-
family housing and accessory dwelling units, for which parking requirements are to be
reduced
B.LDR-19-02: Amend transfer of development rights requirements to be consistent with
enabling statutes
C.LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications
to the Flood Plain Overlay District
D.LDR-19-04: Eliminate duplicative surface water protection standards for land within 150’ of
Lake Champlain and allowances for expansion of pre-existing structures within 100’ of
Potash Brook within Queen City Park Zoning District
E.LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor
field changes to site plans & allow for a joint administrative approval & zoning permit; minor
technical corrections
6.*** Public hearing on Interim Zoning application #IZ-19-03 of Tom and Kim Phillips to subdivide a 2.2
acre lot currently developed with a single family home into two parcels of approximately 1.1 acres
each for the purposes of constructing a single family home on the newly established lot, 1430 Spear
Street. Paul Conner (8:00 – 8: 10 PM)
7.*** Public Hearing on Interim Zoning application #IZ-19-04 of Scott McAllister to subdivide a 1.23 acre
lot currently developed with a single family home into three lots of 27,580 s.f. (existing house), 12,000
s.f., and 12,000 s.f., and to construct a single family home on each of the two new lots, 1430
Hinesburg Road Paul Conner (8:10 – 8:20 PM)
8.Review public input and possible action to adopt proposed amendments to the Land Development
Regulations Paul Conner (8:20 – 8:35 PM)
9.Comments and questions from the public not related to the agenda. (8:35 – 8:45 PM)
10.Announcements and City Manager’s Report. (8:45 – 8:55 PM)
11.Consent Agenda: (8:55 – 9:00 PM)
*
A.*** Consider and Sign Disbursements
B.*** Approve minutes June 17th, July 1st, July 15th, August 19th
C.*** Approve license agreement with the University of Vermont for land associated with the
“Jug Handle” pedestrian facility
D.Designate Coralee Holm to represent the City of South Burlington as a Delegate to the
Vermont League of Cities and Towns 2019 Annual Business Meeting
12.Update on Council plans to host two forums on Domestic Violence in October; Domestic Violence
Awareness Month and possible adoption of a resolution designating October as South Burlington
Domestic Violence Awareness Month. (9:00 – 9:15 PM)
13.Possible action to approve a settlement agreement on Certificate of Occupancy for 146 Market Street
Paul Conner (9:15 – 9:20 PM)
14.***Consider and possibly approve Budget Calendar for FY21- Tom Hubbard (9:20 – 9:30 PM)
15.Overview, discussion, and possible approval of Draft (unaudited) FY19 June Financials- Tom
Hubbard (9:30 – 9:50 PM)
16.Council reports on Committee assignments. (9:50 – 10:00 PM)
17.Other Business (10:00 – 10:05 PM)
18.Adjourn (10:05 PM)
Respectfully Submitted:
Kevin Dorn
Kevin Dorn, City Manager
*** Attachments Included
Issues raised by Councilors or the public that have not been on a prior meeting agenda:
1.Cost of development/cost of open space.
2.Examine residential building permit fees.
Issues that have been discussed by the Council where further action is pending:
1.Street light policy.
2.Airport noise survey.
3.Evaluate water billing and rate structure.
South Burlington City Council Meeting Participation Guidelines
City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible;
but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation
and compliance with the following guidelines.
1.Please be respectful of each other (Council members, staff, and the public).
2.Please raise your hand to be recognized by the Chair. Once recognized please state your name and address.
3.Please address the Chair and not other members of the public, staff, or presenters.
4.Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time
for the Council to conduct all the business on the agenda.
5.The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time.
6.The Chair may ask that discussion be limited to the Councilors once the public input has been heard.
7.Please do not interrupt when others are speaking.
8.Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views.
9.Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations
occurring.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington City Council
Kevin Dorn, City Manager
FROM: Paul Conner, AICP, Director of Planning & Zoning
SUBJECT: Public Hearing Interim Zoning Application #IZ-19-03 (1430 Spear Street)
DATE: September 16, 2019 City Council meeting
Thomas and Kimberly Phillips are requesting approval from the City Council for a 2-lot
subdivision, to divide their 2.2 acre lot with a single family home into two lots of approximately
1.1 acres each and to build a single family home on the newly-established lot.
Enclosed with your packet are the following materials:
•Completed application form and applicant narrative
•Drawing indicating the approximate current and approximate proposed 2-lot subdivision
•Screen shots of the Agency of Natural Resources’ Interactive Map Viewer of the area
Staff received the application on August 1, 2019 and deemed it complete on August 20, 2019.
Staff recommends the Council open the public hearing, receive testimony from the applicant,
pose questions, and offer an opportunity for the public to provide input. Following this, the
Council may elect to close the public hearing or to continue it to a date certain in order to
obtain additional information needed to issue a decision.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington City Council
Kevin Dorn, City Manager
FROM: Paul Conner, AICP, Director of Planning & Zoning
SUBJECT: Public Hearing Interim Zoning Application #IZ‐19‐04 (1430 Hinesburg Road)
DATE: September 16, 2019 City Council meeting
Scott McAllister is requesting approval from the City Council for a 3‐lot subdivision, to divide a
1.23 acre lot with a single family home into three lots of approximately 27,580 sf, 12,000 sf, and
12,000 sf, and to build single family homes on the two smaller newly‐established lots.
Enclosed with your packet are the following materials:
Completed application form and applicant narrative
Plan indicating the current and approximate proposed 2‐lot subdivision
Staff received the application on August 1, 2019 and deemed it complete on August 20, 2019.
Staff recommends the Council open the public hearing, receive testimony from the applicant,
pose questions, and offer an opportunity for the public to provide input. Following this, the
Council may elect to close the public hearing or to continue it to a date certain in order to
obtain additional information needed to issue a decision.
SOURCE DATA LEGEND
FOR PERMIT REVIEW
1430
HINESBURG
ROAD
Site Plan
STAMP:
SKETCH
PLAN
1430 Hinesburg Road
South Burlington, Vermont
164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446 www.krebsandlansing.com
HINESBURG ROADHIGHLAND TERRACE
Interim Zoning Review Considerations
1430 Hinesburg Road
How the proposed project is consistent with the health, safety, and welfare of the City of South
Burlington in consideration of the stated purposes of the Interim Bylaws.
One of the purposes of the Interim Bylaws is to allow time for the City to align policies and
procedures with the City Council’s adopted smart growth strategy, and specifically to ensure the
preservation of open spaces, forest blocks, and working landscapes. The 1.23-acre parcel that is
being proposed for subdivision is not a candidate for open spaces, forest blocks, or working
landscapes. The parcel has frontage on both Hinesburg Road and Highland Terrace in an already
established neighborhood setting. The project proposes to connect to an existing municipal
sewer structure, but otherwise does not pose unreasonable burden on city infrastructure by
means of expanding the current service area.
How the proposed project is consistent with studies being conducted, draft bylaws or bylaw
amendments, and/or any draft comprehensive plan or comprehensive plan amendments under
consideration.
The South Burlington Comprehensive Plan lists Southeast Quadrant Strategy 131 as, “Continue
to allow limited neighborhood areas with a buildable density or between four and eight units
per acre, using development rights transferred from areas in the SEQ designated for
conservation or protection”. Map 2 in the Comprehensive Plan shows the maximum build-out
for this parcel as 2-5 units, where 3 are being proposed. The parcel is also not listed as primary
or secondary conservation areas on Maps 7 and 8. Lastly, the parcel is not identified on Map 11
as a future land use of open space.
The project’s relationship to or effect upon each of the following:
(i)The capacity of existing or planned community facilities, services, or lands;
No new roads or municipal utility service area expansion efforts are proposed with this
project. The proposed new lots will have frontage on Highland Terrace. Connection to
an existing sewer structure is proposed. A new water well is proposed, with adjacent
property well data showing 50 gpm sources in this area.
(ii)The existing patterns and uses of development in the area;
The City of South Burlington is focused on growth that allows for clustering of
neighborhoods and preservation of open spaces. The existing 1.23-acre parcel at 1430
Hinesburg Road is within an already developed neighborhood, with access to the parcel
from both Hinesburg Road and Highland Terrace, and is not contiguous to any open
space that might be considered for conservation. Furthermore, two lots on the same
block have already subdivided their properties with approval through the South
Burlington permitting process, which suggests a level of support for development in this
area to cluster residential properties.
(iii)Environmental limitations of the site or area and significant natural resource areas and
sites; and,
As previously mentioned, the parcel is also not listed as primary or secondary
conservation areas on Maps 7 and 8 of the South Burlington Comprehensive Plan. Map
8 does show a small area of prime agricultural soils along Hinesburg Road in the vicinity
of this project, but no development is proposed for that area.
(iv)Municipal plans and other municipal bylaws, ordinances, or regulations in effect.
The South Burlington Comprehensive Plan lists Southeast Quadrant Strategy 131 as,
“Continue to allow limited neighborhood areas with a buildable density or between four
and eight units per acre, using development rights transferred from areas in the SEQ
designated for conservation or protection”. Map 2 in the Comprehensive Plan shows
the maximum build-out for this parcel as 2-5 units, where 3 are being proposed.
Furthermore, the Land Development Regulation Draft Amendment 19-02 proposes that
lands within the SEQ-NR be designated as receiving areas for development rights, which
allow for increased density of development.
19266\Permits\Interim Zoning Review Considerations
2,3750.07
0
1430 Hinesburg Road e911.vermont.gov/e911viewer
0.05 0.050.03
Miles August 14, 2019
DISCLAIMER: This map is for general reference only. Data layers that appear on this map may or may not be accurate, current, or
otherwise reliable. E911 and the State of Vermont make no representations of any kind, including but not limited to, the warranties of
merchantability, or fitness for a particular use, nor are any such warranties to be implied with respect to the data on this map.
South Burlington Water Dept.
Accounts Payable Check Register
Date: 09/17/19
Date Check No. Paid To Memo Amount Paid
9/17/2019 3623 Tatiana Bechard 159.45
Date Voucher Number Reference Voucher Total Amount Paid
9/10/2019 VI-14913 REFUND 159.45 159.45
9/17/2019 3624 Champlain Water District 60,710.82
Date Voucher Number Reference Voucher Total Amount Paid
8/31/2019 VI-14907 SBWD-353 60,710.82 60,710.82
9/17/2019 3625 Champlain Water District 164,490.70
Date Voucher Number Reference Voucher Total Amount Paid
8/31/2019 VI-14905 AUGUST 164,333.75 164,333.75
8/31/2019 VI-14906 SBWD-346 156.95 156.95
9/17/2019 3626 Dorset Street Associates 294.86
Date Voucher Number Reference Voucher Total Amount Paid
8/30/2019 VI-14910 REFUND 294.86 294.86
9/17/2019 3627 Kieran Killeen 92.85
Date Voucher Number Reference Voucher Total Amount Paid
9/10/2019 VI-14914 REFUND 92.85 92.85
9/17/2019 3628 Lime Kiln Bond Housing LTD 3,334.93
Date Voucher Number Reference Voucher Total Amount Paid
9/3/2019 VI-14911 REFUND 3,334.93 3,334.93
9/17/2019 3629 Niquette Brothers Plumbing & Heating 172.26
Date Voucher Number Reference Voucher Total Amount Paid
9/3/2019 VI-14915 37824 172.26 172.26
9/17/2019 3630 Office Essentials 19.17
Date Voucher Number Reference Voucher Total Amount Paid
8/30/2019 VI-14912 36411 19.17 19.17
9/17/2019 3631 City Of South Burlington 288,910.40
Date Voucher Number Reference Voucher Total Amount Paid
9/4/2019 VI-14908 AUGUST SEWER CHARGES 288,910.40 288,910.40
9/17/2019 3632 City Of South Burlington 127,874.71
Date Voucher Number Reference Voucher Total Amount Paid
9/4/2019 VI-14909 AUGUST STORMWATER 127,874.71 127,874.71
Printed: September 11, 2019 Page 1 of 2
South Burlington Water Dept.
Accounts Payable Check Register
Date: 09/17/19
Date Check No. Paid To Memo Amount Paid
Total Amount Paid:646,060.15
SOUTH BURLINGTON CITY COUNCIL
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Printed: September 11, 2019 Page 2 of 2
CITY COUNCIL 17 JUNE 2019
The South Burlington City Council held a regular meeting on Monday, 17 June 2019, at 6:30
p.m., in the Conference Room, City Hall, 575 Dorset Street.
Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman
Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City
Attorney; J. Rabidoux, Director of Public Works; Chief S. Burke, Police Department; K. O’Brien, L.
Kupferman, D. Leban, L. Waters, F. Kochman, A. Klugo, R. Plante, R. Shrake, C. Pilsucki, D.
Cummings, K. Epstein, K. McKenny, J. Pasackow, J. Randazzo, D. Philibert
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:
Item #16 was removed from the agenda.
Mr. Chittenden asked that Chief Burke provide information on the bear sightings.
Ms. Riehle asked to add to “other business” a brief discussion regarding communications, etc.
in preparation for the Steering Committee meeting.
3.Possible Executive Session to discuss matters related to personnel and collective
bargaining agreements:
Mr. Barritt moved that the Council make a specific finding that premature general public
knowledge of labor relations agreements with employees, collective bargaining, and
confidential attorney-client communications made for the purpose of providing professional
legal services to the Council would clearly put the Council and the city at a substantial
disadvantage. Mr. Chittenden seconded. Motion passed unanimously.
Mr. Barritt then moved that having so found, the Council enter into executive session for the
purpose of discussing the matters identified in the previous motion as well as for matters
related to the negotiating or securing of real estate and the appointment or evaluation of public
officers or employees and to invite Messrs. Dorn, Hubbard and Bolduc to the session. Mr.
Chittenden seconded. Motion passed unanimously.
The Council entered executive session at 6:37 and resumed open session at 7:30.
4.Recognition of the contributions to public art and culture by South Burlington resident
Katie O’Brien:
Ms. Riehle read the Resolution honoring Ms. O’Brien and designating July 1, 2019 as Katie
O’Brien Public Art Recognition Day, and presented a framed copy of the Resolution to Ms.
O’Brien.
CITY COUNCIL
17 JUNE 2019
PAGE 2
5.Comments and Questions from the public not related to the agenda:
Ms. Waters expressed concerns with increased activities in the Queen City Park and Red Rocks
Park area and the proposed intention of relocating Higher Ground in that area. She noted there
were 117 police incidents at Higher Ground in the past year, and that was in a commercial area.
Ms. Waters cited potential noise and traffic issues and also light pollution. Ms. Riehle said she
tried to contact Mayor Weinberger as the Burlington City Council will be voting tonight on the
zoning change that would allow Higher Ground to move to that area. Additional permits will
also be required, and public input can be heard at that time. Ms. Riehle noted that once again
the City of Burlington is impacting a South Burlington neighborhood. She expressed particular
concern with Red Rocks Park.
Ms. Emery noted that the only way to reach that area is by car. She was concerned with people
trying to walk across the parkway. Mr. Kupferman said the roadway doesn’t support the kind of
traffic they want to put there. He noted that the zoning change has been discussed for years.
All the beer places there want to do entertainment which they can’t do now.
Mr. Chittenden noted that a police officer told him this is not the place for such activity.
6.Announcements and City Manager’s Report:
Council members reported on meetings and events they had attended in recent weeks.
Mr. Dorn: There will be more signage in Red Rocks Park this week regarding dogs running
off-leash.
Ms. Emery said she would like to look at a policy for Red Rocks Park as issues have increased.
She noted that a similar situation in Essex resulted in Indian Brook Park being designated for
residents only. Mr. Kaufman agreed that the situation needs to be addressed. He cited
students using the park and jumping off the cliffs, drinking, etc. He felt the city should be pro-
active on this.
7.Review and possibly approve and authorize the Director of Public Works to execute
interlocal and bike share agreement:
Mr. Rabidoux cited the work of Paul Conner and City Attorney Bolduc in preparing this
agreement. He then noted that the current bikes will be replaced by electrical assist bikes in
order to open things up to a wider range of users. No city financial contribution will be
required as this will be user-funded. In addition, every time a bike is used, $1.00 will be
donated to Green Mountain Transit for a “sustainability fund.” Communities will also be able to
have a discussion regarding adding scooters to the agreement.
CITY COUNCIL
17 JUNE 2019
PAGE 3
Mr. Kaufman moved to authorize the City to enter into the proposed contract and to authorize
the City Manager to sign the paperwork. Mr. Chittenden seconded.
Mr. Barritt questioned whether there would be city liability if a bike renter is injured. Mr.
Rabidoux said there is an “end user” agreement, but that would not stop someone from suing
the city. Mr. Bolduc added that the city is indemnified. Ms. Emery asked about medical
expenses if a bike fails and someone is injured. Mr. Bolduc said he would check on that.
Mr. Chittenden asked about bikes being left strewn about as is happening in other places. Mr.
Rabidoux noted that if a person doesn’t return a bike, his/her credit card keeps running. There
are also random retrievals by the company.
In the vote that followed, the motion was approved unanimously.
8. Update and Council discussion related to South Burlington Police Department anti-
bias and de-escalation training:
Chief Burke noted there are some limitations regarding analysis of data as they are still filling
out hand-written reports when there is use of force.
The Chief then explained that the trigger for use of force is the amount of resistance. In the
first 6 months of the year, there have been 27 uses of force involving 35 people. 23 of those
persons were white males, 4 were African American males, 8 were females. Alcohol and drugs
are often the trigger for these events, but a growing trend is mental health crisis. The Chief
noted that they have changed the way they handle such incidents, and the main aim is to slow
the incident down and gain time to get a crisis investigator on the scene. They are doing more
training of officers utilizing role playing. This has been warmly embraced by the staff.
The Department has also invested in equipment, specifically new ballistic shields and ropes to
secure doors as it is just as important for officers to feel safe in these incidents.
Mr. Barritt asked if the incidents are later reviewed. Chief Burke said they are and that reviews
include incidents from other communities and states across the country. He cited the
importance of training and building a comfort level so there are no “scared cops” out there.
CITY COUNCIL
17 JUNE 2019
PAGE 4
Ms. Riehle asked whether training has an impact on officers and an advantage for recruitment
of new officers. The Chief said it has. He said new officers are hungry to be educated in the
profession, and they are now attracting very “smart people.”
With regard to “fair and impartial policing,” Chief Burke noted that in 2019 there will be a
mandatory policy review and collection of data state-wide. He added that he would like to see
more local discussion including people who phone-in issues. He felt it is important to discuss
“implicit bias” as well.
Ms. Emery suggested involving UVM in some of these discussions.
Chief Burke cited Sgt. Andav who has been on modified assignment, and who has been helping
with research in this area.
Mr. Barritt then asked about the recent bear sightings. Chief Burke said the Department has
interfaced with Fish/Wildlife people and the State Game Warden. Bears cannot be hunted in
the city, but officials are waiting for an opportunity to chase the bear(s) out of the area. The
public is advised not to leave trash, birdfeeders, etc., outside. The Chief stressed that the
Department is not equipped to deal with a bear. Sightings should be reported to Fish and
Game and the Game Warden.
9.South Burlington Committee, Board, and Commission interviews:
The council interviewed the following applicants for appointment to Committees, Boards, and
Commissions:
Ronald Plante ……………………………Housing Trust Fund
Richard Shrake ………………………….Bike/ped Committee or Chit Charter Committee, or
Affordable Housing Committee
Donna Leban ……………………………..Bike/Ped Committee
Christy Pilsucki……………………………Bike/Ped Committee or Recreation/Parks or Energy
Don Cummings……………………………Energy Committee
Keith Epstein ………………………………Energy Committee
Karen McKenny …………………………..Energy Committee
Jay Pasackow ………………………………Library Board of Trustees
Art Klugo ……………………………………..Planning Commission
Dawn Philibert ………………………………DRB, Planning Commission or Library Board
Frank Kochman ……………………………DRB
CITY COUNCIL
17 JUNE 2019
Page 5
10.Review and possibly approval of Council comments related to the adoption by the
Burlington International Airport of Noise Compatibility Program:
Ms. Riehle noted Council recommendations have been added to this draft.
Mr. Bolduc noted that the Superintendent of Schools was contacted and said the School District
will provide its own letter.
Mr. Chittenden moved to approve the letter and Resolution as presented. Mr. Barritt
seconded. Motion passed unanimously.
11.Councilors’ Reports from Committee assignments:
Mr. Chittenden: The Green Mountain Transit route changes went into effect today.
Ms. Emery: The IZ Open space Committee will hold its first public event on
Wednesday, 5-7 p.m. at City Hall. A second event will take place Saturday at 10 a.m. at the
Police Station, Bob Miller Room.
Ms. Riehle: The Airport Commission meets on Thursday of this week.
12.May Financials:
Mr. Hubbard reported that revenues are at 92.81% and expenses at 92.87%. He feels good
about the end of the year. Although expenses will be near 100%, revenues will “save us.”
13.Consider and possibly approve a collective bargaining agreement with the City Hall
and Public Works Employees Association:
Mr. Bolduc reviewed the major elements of the agreement.
Ms. Emery moved to approve the collective bargaining agreement with City Hall and Public
Works Employees Association as presented. Mr. Kaufman seconded. Motion passed
unanimously.
CITY COUNCIL
17 JUNE 2019
PAGE 6
Mr. Chittenden said he would like to have an appreciation event for Public Works people for
the work they did during a very hard, long winter. Mr. Hubbard said Common Roots is planning
something for the end of August.
14. Consent Agenda:
A. Approve and Sign Disbursement
B. Approve Minutes for 20 May 2019
C. Approve application for VTrans Bicycle and Pedestrian Grant for
design/construction of the South Dorset Street shared use path
D. Approve submittal of a BUILD grant application and letter of support for the design
and construction of a Pedestrian/Bicycle Bridge over I-89 at Exit 14/Route 2
Williston Road
E. Authorize the City Manager to negotiate and execute a parking lease with the
Poon Trust, LLC, in accordance with the MOU approved by the City Council for 155
Market Street (formerly 5 Market Street) with the addition of a deposit at the time
of execution
F. Consider and possibly approve amendment to collective bargaining agreement
regarding defined contribution options
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Chittenden seconded.
Motion passed unanimously.
15. Other Business:
Regarding social media communications, Ms. Emery said that when people publish incorrect
information about things that have been decided and signed, you “can’t just leave it out there.”
Mr. Chittenden agreed but felt “shackled” by the open meeting law.
Mr. Barritt said he heard that people in South Village want to replace natural vegetation in a
swale and replace it with grass. He questioned where the Stormwater people stand on this.
It was noted that the Burlington City Council approved the zoning change tonight. Mr. Kaufman
said more information is needed.
16. Possible executive session to consider appointments to South Burlington Committees,
Boards and Commissions:
Mr. Chittenden moved the Council meet in executive session to consider appointments to
Boards, Committees and Commissions and to invite Messrs. Dorn and Hubbard to the session.
Ms. Emery seconded. Motion passed unanimously.
CITY COUNCIL
17 JUNE 2019
PAGE 7
The Council entered executive session at 10:46 p.m. and resumed open session at 11:15.
17.Possible action by the Council on appointments to South Burlington Committees,
Boards and Commissions:
Ms. Emery moved to make the following appointments:
Affordable Housing Committee: 3-year terms: Sandra Dooley
Michael Simoneau
John Simson
2-year term: Joe Randazzo
1-year term: Cindy Reed
Bike/Ped Committee: 3-year terms: Cathy Frank
Shawn Goddard
Donna Leban
2-year term: Havaleh Gagne
1-year term: Nicholas Anderson
City Charter Committee: 3-year terms: Ronald Plante
Donna Kinville
Development Review Board: 4-year term: Frank Kochman
3-year term: Dawn Philibert
1-year term: James Langan
Dog Park Committee: 3-year terms: Katharine Lukas
Muriel Moore
Molly Bezio
Economic Development Committee: 2-year remaining: Jacqueline Drouin
Energy Committee: 3-year terms: Don Cummings
Keith Epstein
Marcy Murray
Karen McKinney
2-year term remaining: Richard Shrake
CITY COUNCIL
17 JUNE 2019
PAGE 8
Housing Trust Fund: 3-year term: Larry Kupferman
2-year term: Joy Grossman
Library Board of Trustees: 3-year terms: Jay Pasackow
Stacey Pape
Lee Freeman
Natural Resources Committee: 3-year terms: Jean-Sebastien Chaulot
Duncan Murdoch
Timmy Hess
2-year remaining: Ray Gonda
Pension Advisory Committee: 1-year term: Spencer Baker
Planning Commission: 4-year term: Duncan MacDonald
Art Klugo
3-year terms: Monica Ostby
Public Art Committee: 3-year term: Jean-Sebastien Chaulot
Recreation & Parks Committee: 3-year terms: Lauren Widam
Christy Pilsucki
Jennifer Kochman
Mr. Chittenden seconded. Motion passed unanimously.
As there was no further business to come before the Council, Mr. Kaufman moved to adjourn.
Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 11:20
p.m.
________________________________
Clerk
CITY COUNCIL 1 JULY 2019
The South Burlington City Council held a regular meeting on Monday, 1 July 2019, at 6:30
p.m., in the Conference Room, City Hall, 575 Dorset Street.
Members Present: H. Riehle, Chair; T. Barritt, D. Kaufman
Also Present: K. Dorn, City Manager; T. Hubbard, A. Lafferty, City Attorney; T. Leblanc, Assessor;
M. Lyons, J. Kochman, L. Kupferman, A. Landower, W. Brask, S. Herrick, R. & J. Morway, B. Britt
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:
There were no public comments or questions.
4. Announcements and City Manager’s Report:
Council members reported on meetings and events they had attended in recent weeks.
Mr. Dorn: Staff reviews have been completed for the management team.
Police Lieutenant Gregg Jager will be leaving for the FBI Academy which is a very
high honor.
During the arrest of a sexual predator last week, several police vehicles were
damaged and several officers and other officials were injured, fortunately none seriously. Mr.
Dorn credited Police officers for keeping the incident from becoming something tragic.
Attended a Mental Health presentation regarding community outreach with the
Police Chief.
Staff is very disappointed with receipt today of a letter from the School Board
attorney regarding the subdivision of the lot for the new building. Issues involve the new road
and parking, neither one of which is relevant to the DRB subdivision process and both of which
are in negotiations.
5. Consent Agenda:
A. Consider and Sign Disbursements
B. Certify compliance with Vermont Road and Bridge Standards
C. Approve Development Review board Alternative Members Use Policy
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1 JULY 2019
PAGE 2
D. Designate Jennifer Smith as an Alternate Member of the South Burlington
Development Review Board
Mr. Kaufman moved to approve the Consent Agenda as presented. Mr. Barritt seconded.
Motion passed 3-0.
6.Consider and Possibly Approve Tax Rate:
Ms. Lyons noted that the third installment will be due on 16 March instead of 15 March which
is a Sunday. She then explained how the TIF proceeds are calculated.
The 2019-20 Municipal Tax Rate is 0.5427. This will result in an increase for the average single
family home of $115.89 and for the average condominium of $79.85.
7.Consider and possibly approve contract award for appraisal services:
Mr. Leblanc advised that only one response was received to the RFP. It is a very favorable rate
from the same company that did the last appraisal. The low rate is attributable to the fact that
the company will be doing a similar appraisal for the City of Burlington at the same time.
Mr. Leblanc then explained that every property (with the exception of the Airport) in the city
will be re-appraised (a total of 8000 parcels). The new appraisal will apply to the 2021 grand
list.
Mr. Leblanc stressed that the city does not make any more money from a reappraisal as the tax
rate is adjusted accordingly. He noted that after 15 years since the last appraisal, there are
inequities which the new appraisal will address. They will be aiming for 100% of fair market
value.
Mr. Dorn said the city has 10 months to get information out to the public. Mr. Leblanc also
noted there is money from the state to cover the costs of the reappraisal.
Mr. Barritt moved to approve negotiation of a contract with Tyler Technologies for reappraisal
services. Mr. Kaufman seconded. Motion passed 3-0.
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1 JULY 2019
PAGE 3
Mr. Leblanc then briefly explained the issues with the appeals of Hannaford and LaQuinta and
noted that the LaQuinta grievance was valid. He also noted that Lowes appealed in South
Burlington and Essex, and they were “partly right.”
8. Public Hearing and possible action on amendments or repeal of City Ordinances:
a. Motor Vehicle and Traffic Ordinance – This ordinance is warned to repeal the
South Burlington Motor Vehicle and Traffic Regulation Ordinance, first adopted in
1958, and to adopt a new ordinance that regulates the operation and use of motor
vehicles other than parking in a form that provides the Council flexibility to amend
street sign locations, speed limits, etc., by resolution
b. Parking Ordinance – Along with the repeal of the 1958 Motor Vehicle and Traffic
Regulations Ordinance, this proposed ordinance creates a stand-alone parking
ordinance that will provide for general parking prohibitions in the City and an
administrative appeal process
Mr. Barritt moved to open the public hearing. Mr. Kaufman seconded. Motion passed 3-0.
Ms. Lafferty said the changes from the last hearing are incorporated.
Mr. Britt questioned section 10E and asked why it does not apply to both left and right turns.
Ms. Lafferty said state law does not address that either and only has left turn language. She
said she would research that and redraft it.
Mr. Kaufman moved to close the public hearing. Mr. Barritt seconded. Motion passed 3-0.
Members set the next public hearing for 19 August, 7:30 p.m.
9. Council discussion and advice related to an Interim Zoning Open Space Committee
classification and scoring of a 15-acre property in the Southeast Quadrant:
Mr. & Mrs. Morway questioned the meaning of the classification of their 15-acre property. The
noted the property is sloped but there are no wetlands. She said that it is on the 2001 open
space map, but no one seems to know why. They questioned whether there are criteria for
open space as there is nothing on the property that makes it “environmental.”
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PAGE 4
Ms. Riehle said the Council will ask the committee to look specifically at those 15 acres.
10.Councilors’ Reports from Committee Assignments:
Ms. Riehle reported that she shared the city’s concerns at the Airport Commission meeting.
She felt there is a productive way to work with the Airport regarding lands around the Airport
and to utilize that space to improve the neighborhood.
11.Council discussion and possible approval of a letter to the City of Burlington related to
recent changes in zoning in the southern portion of the City of Burlington some of
which borders on the City of South Burlington:
Ms. Riehle said it sounds as if the city still has the opportunity to be part of the DRB process and
should make a case. There are issues affecting South Burlington residents and issues with Red
Rocks Park. She noted that it is more than just the Higher Ground operation; other places in
the area also want entertainment. The zoning change makes that a conditional use.
Mr. Kupferman said the building involved for Higher Ground faces Queen City Park Road and
has been an industrial building. It is about 1000 feet from a residential building, and the
entrance to Red Rocks Park is close by.
Mr. Dorn said the city’s concern is what happens when people are pouring out of that building.
Mr. Kupferman said there is now no activity at night.
Mr. Barritt said there are some inaccuracies in the letter, but he liked the spirit of it.
Ms. Landower, a resident of the Red Rocks condos in Burlington, said there is a question as to
whether they have status at the hearing.
Ms. Herrick, a Board member Red Rocks 3B, said they had voted to oppose this.
Ms. Brask said she spoke at the Burlington City Council in opposition. Theirs is a very quiet
neighborhood now. She has seen what happens to traffic patterns when there are events, but
this is a whole new thing. She said nobody has talked to them about their concerns.
Mr. Barritt said he hoped the DRB would invoke a non-biased traffic study. Mr. Kupferman said
there should also be a noise study and a possible requirement for a “noise wall.”
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PAGE 5
Ms. Riehle said she felt the letter should be more logical and ask that the city be part of the
conditional use discussion and the request for specific studies. The letter should be more
focused on facts, not emotions.
Ms. Herrick said Higher Ground now has 8-10 concerts a week and often let’s out at 11 p.m.
Mr. Barritt felt there should be a security guard at the Red Rocks entrance for an hour after
that.
Ms. Landower said the list of South Burlington calls to Higher Ground includes some with
violence, crime, hit & run, etc. Burlington Police are very occupied with downtown and she
questioned whether they would have adequate coverage for this part of the city. She also
noted that some concerts start at 6 p.m. which would mingle that traffic with rush hour traffic.
She said that there is a Burlington Plan BTV which used to prohibit this use, but that is what was
changed without public meetings. It was not a transparent process.
12. Other Business:
Mr. Barritt noted that some of the potholes on Dorset St. have been repaired but there are still
more.
Mr. Barritt also noted that Farrell St. looks great. He suggested a “pump turning on” event.
Ms. Riehle gave a “shout out” to Leo Nadeau who mowed the grass at the corner of Van
Sicklen/Hinesburg Road in the interest of safety.
As there was no further business to come before the Council, Mr. Kaufman moved to adjourn.
Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 8:40 p.m.
________________________________
Clerk
CITY COUNCIL 15 JULY 2019
The South Burlington City Council held a regular meeting on Monday, 15 July 2019, at 6:30
p.m., in the Conference Room, City Hall, 575 Dorset Street.
Members Present: H. Riehle, Chair; M. Emery (by phone), T. Barritt, T. Chittenden, D. Kaufman
Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; H. Rees, Recreation
Department Head; J. Kochman, D. Crawford, T. Zylka, T. McKenzie, P. DeMichele, Rep. J. Killacky
1.Instructions on exiting building in case of emergency:
Mr. Dorn provided instructions on emergency evacuation of the building.
2.Recognition and remembrance of former City Manager and City Engineer, Bill
Szymanski:
Ms. Riehle cited Mr. Szymanski’s incredible service and his love for the community.
Mr. Hubbard noted that during Mr. Szymanski’s term South Burlington became a city. He also
suggested a plaque with a photo of Mr. Szymanski be placed at Szymanski Park with an event to
go with it.
3.Agenda Review: Additions, deletions or changes in order of agenda items:
No changes were made to the Agenda.
4.Comments and Questions from the public not related to the agenda:
No issues were raised.
5.Announcements and City Manager’s Report:
Council members reported on meetings and events they had attended in recent weeks.
Mr. Dorn: Recognized Ms. Rees, Ms. Kochman and Travis Ladd for the marvelous SoBu
Night Out at Veterans Park. About 1000 people attended and enjoyed food and music. There
are 7 more such events on Thursday evenings during the summer.
The City has received a proposal for payment in lieu of taxes from UVM for
taxable UVM properties
Two new police officers have joined the team and will be heading to the Police
Academy.
There will be a press release regarding the completion of the Hadley Road sewer
project. Rate payers will see significant savings in addition to the addressing of environmental
issues. There will be a very rapid payback on the project which also includes great new bike
facilities on Farrell Street.
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15 JULY 2019
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Demo has been completed for the Food Bank project. Committees are working on food.
Peter Carmoli has been hired as part time Executive Director. The aim is to open in September.
6. City and School Collaboration:
Mr. Dorn advised that good progress is being made.
Mr. Barritt asked if it is possible to close the DRB application tomorrow night. Ms. Riehle said it
is.
Ms. Riehle also noted receipt of an email from the School Board Chair regarding re-appraisal
and the amount the city will need to fund the state education fund. She felt the Council should
have gotten the School Board’s input. Ms. Riehle noted that it is state law that homes and
commercial properties be reappraised every 10 years or so. At present, businesses in South
Burlington are appraised at 86% of fair market value and homes at 92%. When reappraisal is
done, the state will take the Grand List and increase it to 100%, so there will be no impact. This
can be a topic of discussion at the next Steering Committee meeting.
7. Consent Agenda:
a. Consider and sign disbursements
b. Approve minutes for 6 May and 3 June 2019
Mr. Kaufman moved to approve the Consent Agenda as presented. Mr. Barritt seconded.
Motion passed unanimously.
8. Presentation, discussion and possible council action related to updating South
Burlington Parks’ Management Plans:
Ms. Kochman introduced Tami Zylka, the new Chair of the Parks and Recreation Committee.
Ms. Rees said that she and Ashley Parker have been discussing the lands that should be cared
for. There is a plan for Red Rocks and one for the Wheeler Nature Park, but they were done
differently, and they are looking to have a consistent management plans.
Ms. Rees then directed attention to a list of nominees for a Task Force. Mr. Crawford said the
Natural Resources Committee can be very supportive of management plans. They have not
specifically discussed this proposal yet. Ms. Rees said the Red Rocks plan is due to be updated,
CITY COUNCIL
15 JULY 2019
PAGE 3
and the hope is to add management plans for the Underwood and City Center parks.
Mr. Kaufman cited Ms. Kochman for all the work she has done over the years, particularly her
attention to detail.
Mr. Dorn noted that the proposed task force would be a public body and would have to comply
with all open meeting laws.
Mr. Chittenden moved to support the formation of a parks management task force. Mr. Barritt
seconded. Motion passed unanimously.
9.Update from Recreation & Parks Committee on current activities:
Ms. Zylka said they are still refining NRPA information. She cited the need for indoor facilities,
noting that the city has miles of trails but need indoor space for winter months. Ms. Rees noted
that this year Vermont did something similar to the NRPA survey, and she will get the results to
the Council. Ms. Kochman said not much has changed in the survey results from 2 years ago.
The recreation budget is low compared to other communities as is indoor space. The hope is
that there will be added indoor space at Veterans Park.
Ms. Rees said the Recreation Department now has 2 planners, and the new magazine will be
out in September/October.
Ms. Riehle commented that the numbers look good for open space, but not for staff and indoor
facilities. She noted that the city is also a growth center (per CCRPC), so when the population
increases, the ratios may not look as good.
Ms. Kochman praised the work of city staff.
10.Consider and possibly award a contract for design services for a proposed South
Burlington Recreation Facility:
Mr. Dorn reviewed the history. The facility being considered would be in Veterans’ Park.
There were 6 responses to the RFP which staff narrowed down to 3. The 3 were interviewed to
find the one that provided the most experience, outreach and price. The candidate that staff
supports is Freeman, French, Freeman at an estimate of $175,000. The funds will come from
CITY COUNCIL
15 JULY 2019
PAGE 4
recreation fees. Mr. Dorn recommended a motion to negotiate a contract with the chosen
company.
Mr. Kaufman moved to authorize the City Manager to negotiate and award a contract to
Freeman, French, Freeman as discussed. Mr. Barritt seconded.
Mr. Chittenden cited the difficulty in finding recreation space for children in the winter.
Mr. Dorn said the proposed work will provide more of the details of the design and confirm the
public needs and programs.
Ms. Emery noted this has been in the works for a long time.
Ms. Riehle was concerned with how this will be perceived by the School Board in light of their
visioning work. She didn’t want them to be caught unaware, but she stressed the city’s need to
do due diligence, and the public has been very vocal about this need. Mr. Kaufman suggested
that this facility could also meet some of the school needs.
In the vote that followed, the motion passed unanimously.
11. Council interviews and possible appointment to South Burlington Boards, Committees
and Commissions:
The Council interviewed Paula DeMichele for appointment to the Affordable Housing
Committee.
Following the interview, Mr. Chittenden moved to appoint Ms. DeMichele to the Affordable
Housing Committee. Mr. Kaufman seconded. Motion passed unanimously.
12. Council consideration and possible action related to proposed changes to the South
Burlington Official Map and possible purchase of property:
Ms. Riehle noted receipt of a letter from the Planning Commission advising the Council not to
purchase the property in question. The Commission is asking a Form Based Code sub-
committee to review other options. Mr. Dorn noted that if the city doesn’t buy the property,
the roads are removed from the map automatically.
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15 JULY 2019
PAGE 5
Mr. Barritt moved that the City Council not plan to purchase the property in question. Mr.
Chittenden seconded. Motion passed unanimously.
Mr. Dorn noted that will allow the stormwater pond application to move forward.
13.Council discussion and possible action on a draft letter from the Council to members
of the City of Burlington Council related to their approval of changes to Burlington
zoning bylaws for the South End of Burlington:
Mr. Kaufman said he liked the most recent draft.
Ms. Emery said she felt the city’s objections are well-founded. She cited the dangers of people
who might get into Red Rocks Park after a night in one of the proposed establishments and
jump off cliffs, etc. She hoped the two communities could get together and find a solution.
Ms. Riehle said she told Mayor Weinberger about the letter. He wasn’t surprised. He was
concerned with discussing issues through the media. Ms. Riehle also suggested softening the
beginning of paragraph 2 to “We are disappointed that no Burlington official responded…”
rather that “We object to the fact that…” She also suggested the last paragraph should simply
state “We want to meet with you.”
Mr. Barritt said he would shorten the letter as he feels it contains a lot of conjecture.
Ms. Emery said she felt the media is there for people who feel they are not being heard.
Mr. Chittenden moved to approve the proposed letter with the suggested amendments. Mr.
Kaufman seconded. Motion passed unanimously.
14.Update and Council discussion regarding proposed draft Memorandum of
Understanding between the City of South Burlington, City of Winooski, and City of
Burlington related to relationships between the 3 communities on matters involving
the Burlington International Airport and the Noise Compatibility Program (NCP):
Ms. Riehle reviewed the history. She noted that Mayor Weinberger has agreed to develop
some language by the end of August and there could be a draft that the 3 Council can approve.
CITY COUNCIL
15 JULY 2019
PAGE 6
Ms. Riehle noted that Burlington has said “no” to a request that South Burlington and Winooski
have veto power. The Mayor said he would work on language that would allow the other 2
communities to read final documents that go to the FAA regarding sound mitigation. Those
communities could say they don’t agree.
Ms. Riehle also noted that the numbers of potential costs are increasing. The 10% match is an
issue for people who have to pay for something they didn’t cause in the first place. The Mayor
said he “hadn’t thought about that.” He will also look at a “second bite of the apple” if the
noise increases significantly.
Ms. Emery suggested adding that there should be a new mapping of the NCP when there is a
new NEF.
15. Update on Consensus polling application:
Mr. Dorn directed attention to the report from Consensus for the 3 weeks in June. 580 people
are now registered for the ap, and 184 have attempted verification (to verify that responders
are South Burlington residents), but many people don’t want to provide their picture driver’s
license. The city is not asking for verification at this point.
Mr. Dorn suggested members address any ideas for other questions to Coralee Holm.
16. Councilors’ Reports from Committee assignments:
Mr. Chittenden: He is now Chair of Green Mountain Transit Board through the end of the
year.
Mr. Barritt: There is no date set as yet for the next TDR committee meeting.
Ms. Emery: The IZ Open Space Committee is refining how to weight data. The next
meeting is 1 August.
Ms. Riehle: The Airport Commission meets on Wednesday.
17. Other Business:
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15 JULY 2019
PAGE 7
Rep. Killacky said he was very taken with the public art projects, and the Legislature is
considering honoring Katie when they reconvene. Ms. Riehle noted the Council did honor her.
She also felt there might be a “go fund me” effort to pay for paint. Mr. Kaufman felt the
Council should be able to find a few hundred dollars for paint.
Mr. Barritt asked about a $5500 item in the warrants. Mr. Hubbard explained it is for Hickok &
Boardman to do programs for human resources.
As there was no further business to come before the Council, Mr. Kaufman moved to adjourn.
Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:20
p.m.
________________________________
Clerk
CITY COUNCIL 19 AUGUST 2019
The South Burlington City Council held a regular meeting on Monday, 19 August 2019, at 6:30
p.m., in the Conference Room, City Hall, 575 Dorset Street.
Members Present: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman
Also Present: K. Dorn, City Manager; A. Bolduc, City Attorney; P. Conner, Director of Planning &
Zoning; D. Saldino, K. Garr, R. Rushford, J. Louisos, S. Dooley, J. Ilick, M. Ostby,
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:
Mr. Dorn advised members that they should meet in a deliberative session after the regular
meeting regarding a decision on the IZ application heard at the last meeting.
3.Comments and Questions from the public not related to the agenda:
Mr. Barritt noted that he had heard from Ray Gonda about a definition of “front yard” due to a
concern with his HOA.
4.Announcements and City Manager’s Report:
Council members reported on meetings and events they had attended in recent weeks.
Mr. Dorn: 1500 people attended SoBu Night Out on Thursday. There are 3 more such
events. There will be as many, or more, next year. Plans are underway for an outdoor
Halloween event and possibly a winter event.
Three new Firefighters began work today.
Next week 2 Firefighters and 2 Police Officers will be accompanying a group to
Massachusetts to look at a consolidated dispatch system.
The opening of Market St. is slated for 15 November. Work is now being done
on curbs, rec path, and sidewalks, mostly outside of the roadway.
The lunch for DPW workers will take place at Wheeler House on Wednesday at
noon.
There will be a public forum with consultants regarding the proposed recreation
facility next Monday evening.
5.Councilors’ Reports from Committee assignments:
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19 AUGUST 2019
PAGE 2
Ms. Emery: The Open Space IZ Committee will meet Wednesday at 7 p.m. All properties
should have been evaluated by that time.
Ms. Riehle: The Airport Commission will meet on Wednesday.
Mr. Kaufman: The hope is to get the foundation in for the new skating rink facilities. Work
should be completed in the spring.
6. Consent Agenda:
A. Approve and Sign Disbursement
B. Consider and possibly approve Minutes for 1 August 2019 Joint Meeting with the
Planning Commission, 5 August 2019 regular meeting, and 9 August 2019 special
meeting
C. Acceptance of the Pinnacle at Spear Stormwater System and Associated
Easements
In answer to a question from Mr. Barritt, Mr. Dorn explained the agreement with residents
regarding stormwater facilities. If a stormwater system is brought up to standard, the City will
maintain it. This guarantees maintenance at a high level.
Mr. Chittenden moved to approve the Consent Agenda as presented. Mr. Kaufman seconded.
Motion passed unanimously.
7. Update on City/School Collaboration:
Ms. Riehle noted a recent incident where e-mails went back and forth over conflicting meeting
times. The City checked to see if there was a conflict, but a School District meeting was not on
their website. The City has consultants (re: infrastructure) scheduled for that meeting. The
School District meeting is for parents regarding what they would like in a new Middle and High
School. This problem will be on the agenda for the Thursday meeting with the School
Superintendent and School Board Chair.
Ms. Dooley said she is hearing that people want the recreation center delayed because of
potential costs.
Mr. Dorn said he met with Supt. Young, and the School Board is moving toward what they want
to take to the voters. Part of that is a collaboration on a rec center. That is one reason the
meeting with consultants was scheduled so early, to see what the programmatic needs area.
CITY COUNCIL
19 AUGUST 2019
PAGE 3
After that, there can be a more informed discussion with the School District. Ms. Riehle added
the hope that in the future calendars can be up to date.
Mr. Dorn said they are not far from where the School District needs some pretty finished
designs. The city needs to understand the “non-school” programs to see what can be shared.
This needs to be figured out before the School architects finish that part of their buildings. The
actual detail level of design won’t happen until after the public vote.
Ms. Ostby said that information needs to be communicated to people so they understand tax
dollars won’t be doubled. Ms. Riehle said the hope if that The Other Paper will make that clear.
Ms. Emery asked if it’s too early to see if the public is OK with a joint facility. Mr. Dorn said
there could be some “show stoppers” both ways, so they don’t want to be too specific.
Ms. Dooley said her concern is whether this is premature and whether the contract with
consultants is for more than just seeing what can be combined with the School District.
8.Consider and possibly approve a Grant Agreement Resolution related to the Vermont
Community Development Program and the Champlain Housing Trust Garden Street
Housing Limited Partnership:
Mr. Dorn explained that this is the standard paperwork for the housing project. The Council
approved the grant months ago.
Mr. Kaufman moved to approve the Grant Agreement Resolution as presented. Mr. Barritt
seconded. Motion passed unanimously.
9.Consider and possibly approve a Resolution Authorizing Use of City Infrastructure:
Mr. Bolduc explained that this is part of the Market St. project and involves approximately
52,000 feet of conduits for which the city can collect rent (e.g., from Comcast, etc.). The cost of
the conduit is about $500,000. The recommended rental is 19 cents per linear foot or the
Public Utilities rental fee for poles, whichever is more. This would enable the city to recoup the
cost of the conduit over time.
Mr. Barritt raised a concern about a company trying to block out other competitors. Mr. Bolduc
said it would be part of the contract to create a competitive environment.
CITY COUNCIL
19 AUGUST 2019
PAGE 4
Mr. Dorn said the conduit will not be under the road but will be under either the sidewalk or
rec path.
Mr. Chittenden asked if the 19 cents could be adjusted. Mr. Bolduc said there is language to
allow for that.
Mr. Barritt asked if the city has been approached by potential users. Mr. Bolduc said “they are
clamoring at the door.”
Ms. Riehle noted the expected ruling of the FCC, which will negate the requirement for public
access funding. She said the reason companies can use those conduits at a low cost was that
public access funding. She was concerned that the city will provide a very attractive conduit,
but the taxpayers will have to pay to fill in the gap left by the absence of public access funding.
She wasn’t sure if Vermont can override the FCC.
Mr. Barritt said this is the time to tell them they can’t have this without providing service, etc.,
to the citizens of the city.
Mr. Dorn said staff will do some research around this and come back to the Council with a
recommendation. Mr. Bolduc suggested a discount is certain services are provided.
10.Public Hearing and Possible Action on Amendments or repeal of City Ordinances:
A.Motor Vehicle and Traffic Ordinance – This ordinance is warned to repeal the
South Burlington Motor Vehicle and Traffic Regulation Ordinance, first adopted in
1958, and to adopt a new ordinance that regulates the operation and use of motor
vehicles other than parking in a form that provides the Council flexibility to
establish and amend by resolution the locations of one-way streets, yield signs,
etc.
B.Parking Ordinance – along with the repeal of the 1958 Motor vehicle and Traffic
Regulation Ordinance, this proposed ordinance creates a stand-alone parking
ordinance that will provide for general parking prohibitions in the City and an
administrative appeal process
Mr. Chittenden moved to open the public hearing. Ms. Emery seconded. Motion passed
unanimously.
CITY COUNCIL
19 AUGUST 2019
PAGE 5
Mr. Bolduc reviewed the history and directed attention to Section 10a, b, c, and d which were
amended to address questions raised at the hearing. There are no other changes.
Public comment was then solicited. There was no public comment.
Ms. Emery moved to close the public hearing. Mr. Chittenden seconded. Motion passed
unanimously.
Mr. Chittenden then moved to approve the amendments or repeal of city ordinances as
presented. Mr. Barritt seconded. Motion passed unanimously.
11.Receive and consider request from SunCap Property Group in Technology Park for the
City to relinquish the irrevocable offer of dedication for a planned dead-end roadway,
and to request an impact fee credit for the “in-kind” contribution of intersection
improvements at Kimball Ave/Community Dr/Gregory Dr:
Mr. Ilick explained the history of Community Way and explained where it is located. He noted
SunCap is applying for a re-subdivision, so that this cul-de-sac is no longer necessary, and they
want to remove the dedication to the city.
Mr. Ilick said their other request involves the formula for calculating impact fees. He said that
one of the conclusions of their traffic study is the need for a signal at the eastern end. There
has been discussion of a round-about instead of a signal. Whatever decision is reached, there is
another cost. The proposed development would put 15% of the traffic into that intersection.
They are asking for the intersection construction fees for the project to be credited against
traffic impact fees.
Mr. Conner explained how the calculations for impact fees are made.
Mr. Ilick said they are fine with all of their numbers being verified by the city, and they are fine
with the final result. It is the concept they want to have approved.
Mr. Barritt asked about the stability of the bridge. Mr. Dorn noted they city has identified
money for that project; Williston needs to do the same. He added that he would look into the
timing of the bridge construction.
Ms. Riehle asked how to factor in any additional number of employees who may be hired. Mr.
CITY COUNCIL
19 AUGUST 2019
PAGE 6
Conner said the methodologies have a number of different ways to count vehicle trips. In
South Burlington, square footage is almost always used because that number has been
evaluated using a number of different kinds of businesses.
Mr. Ilick said Fed Ex (the user of the proposed project) is very fussy about the access to their
facility, and they actually exceed what is required by the ITT standards.
Mr. Barritt asked whether this kind of credit has been applied before. Mr. Conner said it was
applied in the Trader Joe’s development for the left turn lane.
Mr. Conner then explained that the question before the Council is that the Impact Fee
Ordinance lists a number of projects for improvement. This project will raise its level of priority
on that list. It is also listed as a potential project in the Comprehensive Plan. If the Council
agrees to the concept, staff will work out the details and bring them back to the Council.
Members expressed their inclination to move forward.
Mr. Ilick said if the Fed Ex project falls apart, they would want the cul-de-sac back again.
12. Receive proposed amendments to the Land Development Regulations #LDR-19-01 to
LDR-19-05 from Planning Commission; consider warning public hearing on same:
Ms. Emery noted an email from Regina Mahoney of CCRPC regarding the question of minimum
parking requirements. She said it is attractive to build a building with adequate parking.
Minimums have always been arbitrary, and there are factors that make those minimums
unnecessary (e.g., City Center).
Mr. Chittenden said he is “on the fence” on this issue. Comments he heard from other citizens
expressed concern with creating a demand for parking on public streets and fairness to recent
developers who had to comply with minimum standards. One possibility would be to do this
over time. Mr. Chittenden said he is mostly concerned that DRB members oppose this. He
would want to have their issues addressed before he could support the amendment.
Mr. Kaufman said he shares Mr. Chittenden’s concerns to an extent.
CITY COUNCIL
19 AUGUST 2019
PAGE 7
Ms. Riehle said she thinks they pave a lot of extra ground for parking to serve one day a year,
and there are a lot of large lots that are never filled.
Mr. Kaufman said that there is a building which cannot rent a unit because they are short
parking.
Ms. Louisos said they are trying to get away from “use” as a measure for parking. Presently, a
use cannot go into a building because there is not enough parking. Mr. Chittenden said that is
why he recommends doing it slowly.
Mr. Barritt asked if this has been done anywhere else. Mr. Conner it has been done entirely in
Buffalo, NY, and downtown in Houston, TX.
Ms. Louisos noted that significant people supported the amendment including the Energy
Committee and conservation-minded members of the public. She also noted there was
negative feedback regarding parking maximums.
Mr. Conner cited the potential for off-site parking arrangements. He noted that a parking study
on Dorset St. showed an average of 30% use of parking at various times of day.
Mr. Chittenden said he is concerned with creating tomorrow’s headaches.
Regarding the TDR amendment, Ms. Louisos noted that Mr. Seff had outlined his concerns that
the amendment could create confusion. Ms. Riehle said the Council’s concern was to be in
compliance with State law.
Mr. Barritt moved to schedule a pubic hearing on the proposed amendments for 16 September
2019 at 7:30 p.m. Mr. Kaufman seconded. Motion passed unanimously.
13.Consider and possibly approve recommendation for Banking Services:
Mr. Dorn noted this involves both the City and School District.
The city received 6 bids, and the recommendation is to approve TD Bank.
Mr. Barritt moved to approve TD Bank for City and School District banking services. Ms. Emery
seconded.
CITY COUNCIL
19 AUGUST 2019
PAGE 8
Mr. Chittenden noted he had received a voice mail from a Community Bank Board member. He
did not return the call.
In the vote that followed, the motion passed unanimously.
14.Council discussion and possible action regarding as funding request for the South
Burlington Master Naturalist Program:
Ms. Riehle suggested waiting until the books are closed on the fiscal year to see how much the
city can afford. Mr. Dorn said those figures should be available by the end of the month.
Mr. Chittenden then moved to support $5000 for the South Burlington Master Naturalist
Program if the final budget numbers allow. Mr. Barritt seconded. Motion passed unanimously.
15.Consider convening as the South Burlington Liquor Control Commission to approve the
following:
Mimmo’s Pizzeria & Restaurant – First Class Restaurant/Bar License
Mr. Chittenden moved that the Council convene as Liquor Control Board. Mr. Barritt seconded.
Motion passed unanimously.
Mr. Barritt moved to approve the First Class Restaurant/Bar License for Mimmo’s Pizzeria &
Restaurant as presented. Mr. Chittenden seconded. Motion passed unanimously.
Mr. Barritt moved to reconvene as City Council. Mr. Chittenden seconded. Motion passed
unanimously.
16.Other Business:
No other business was presented.
As there was no further business to come before the Council, Mr. Barritt moved to adjourn.
Mr. Chittenden seconded. Motion passed unanimously. The meeting was adjourned at 8:40
p.m.
________________________________
Clerk
575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
To: Kevin Dorn, City Manager
From: Ashley Parker, Project Manager
Subject: Authorize City Manager to Execute UVM License Agreement for Jug Handle
Sidewalk Project
Date: September 16, 2019
Background: City staff have been working on finalizing plans to construct a sidewalk
between Spear Street and East Terrace, in an area otherwise known as the “Jug
Handle”. Existing infrastructure is unsafe for users, as it places pedestrians on
a fairly busy street. The proposed project is located on land that is owned by
the University of Vermont. Staff have been coordinating the project plans with
representatives of the University, and a tentative agreement with the University
to construct this project on their property has been reached.
The project will involve the construction of a 5’ wide concrete sidewalk,
installation of bollard lighting, narrowing of the ramp to East Terrace for
traffic calming, alignment of crosswalks, movement of existing catch basin,
and the replacement of 5 trees. This project is estimated to cost about $62,000
to construct, and is being paid for by the Penny for Paths fund.
Staff recommends that the Council authorizes the City Manager to execute and
sign the attached License Agreement with the University of Vermont that has
been reviewed by the City Attorney. The University has already signed off on
the agreement. A final executed agreement will allow the project team to
move forward with the sidewalk project and begin construction.
Attachments: The License Agreement for this Jug Handle project with the University of
Vermont. It has already been signed by the University.
19016C-01.dwg Layout1 8/22/2019 11:58:56
19016C-02.dwg Layout1 8/22/2019 11:59:17
FY21 BUDGET SCHEDULE
*Denotes regular City Council meeting dates
September 16* Council Approval of FY21 General Fund Budget Schedule
September 24-27 Dept. Manager meetings w/ City Management for CIP Review
October 1-Nov. 12 Staff liaison discusses FY21 General Fund Budget with committees and solicits input &
recommendations for funding
October 21* Council & staff discussion for FY21 General Fund Budget Preparation
October 23 Memo to Department Managers to begin formulating FY21 GF Budgets
Draft CIP presentation by Dept. Managers at Staff mtg.
October 24-25 Final consideration of CIP & HRIP by City Management
November 1 Proposed CIP sent to Council
November 18* CIP Draft presented to Council by Dept. Managers- overview for questions, input &
discussion
First Draft of FY21 Budget due from Dept. Managers to Finance
November 19-22 Management review of Draft Budget with Dept. Managers
December 4-6 Management final review of FY21 budget with Dept. Heads
December 13 Council receives Draft FY21 GF Budget
December 16* Public Hearing & Potential Council Amendment of CIP
FY21 Budget Overview presented to City Council
January 6* & 13 Council Mtg.(s) on FY21 Budget
Dept. Manager Budget discussion, public input & possible City Council approval
January 18 Final date for City Council budget approval (if needed)
Council approved budget sent to Steering Committee (min. 45 days before vote)
January 20 or 22 Steering Committee Meeting (tentative, must post in paper 7 days in advance)
January 23 Budget book preparation
Council approved budget available to voters (min. 20 days before Town Mtg.)
January 29-30 Budget book finalized and printed
January 30 Post Warnings and Public Hearing Notices (min. 30 days) for March 2 Pre-Town Mtg.
& Public Hearing and March 3 Town Meeting Vote
January 31 Budget booklets available & posted on websites
March 2 Pre-Town Meeting & Public Hearing on City & School District Budgets
March 3 Vote on budgets and any other warned articles