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HomeMy WebLinkAboutMinutes - City Council - 12/02/2019CITY COUNCIL 2 DECEMBER 2019 The South Burlington City Council held a regular meeting on Monday, 2 December 2019, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: H. Riehle, Chair; M. Emery, T. Barritt, D. Kaufman Also Present: T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; P. Conner, Director of Planning & Zoning; I. Blanchard, Project Manager; H. Rees, Recreation Director; M. Carroll, J. Kochman, L. Kupferman, M. Simoneau, S. Dopp, B. Sirvis, D. Crawford, B. Leet, L. Smith, Queen City Park residents, J. Israel, J. Auclair, C. Pierce, A. Karnatsis 1. Instructions on exiting building in case of emergency: Mr. Hubbard provided instructions on emergency evacuation of the building. 2. Agenda Review: Additions, deletions or changes in order of agenda items: Ms. Riehle asked to add consideration of a letter from the Planning Commission to Other Business. 3. Comments and Questions from the public not related to the agenda: No issues were raised. 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Hubbard: Kimball Avenue work will begin tomorrow. The hope is to have the bridge open within a month. The Special Meeting on 11 December will be held at 7 p.m. in the upstairs conference room to address the CIP. The special budget meeting will be held on 13 January, 6:30 p.m. 5. Councilors’ Reports from Committee assignments: Ms. Emery: The Interim Zoning Open Space Committee has identified 20 parcels to recommend for conservation. These have been submitted to administrative staff to address the value of the lands for development. They will meet on Wednesday to finalize their report. Ms. Riehle: The Airport Commission met on 20 November. There was a small fire in a container in a hangar due to an improperly stored item. Heritage Aviation and the Airport have expressed their appreciation for the efforts of the South Burlington Fire and Police Departments for getting the fire out quickly. The Airport will be opening an Abnaki Museum display as part of their 100th anniversary celebration. There is a 5-year commitment for the Museum. The plan is to submit the noise compatibility plan to the FAA by the end of the year. CITY COUNCIL 2 DECEMBER 2019 PAGE 2 An implementation plan will begin in January with an advisory committee. By 1 May, there will be information from the FAA regarding programs and funding that can be anticipated. Mayor Weinberger will attend the next Commission meeting. Tonight he is presenting a proposal to the Burlington City Council to add 2 commissioners to the Airport Commission, one from Burlington and one from Winooski. 6. Consent Agenda: A. Approve and Sign Disbursement Mr. Kaufman moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion passed 4-0. 7. Presentation by Maura Carroll, Executive Director, Vermont League of cities and Towns: Ms. Carroll noted that there are 49 municipal leagues in the country with a similar structure, though they deal with different issues. They are connected through the National League of Cities. The leagues meet regularly to provide information and resources to communities. All of the cities and towns in Vermont are members of VLCT. VLCT has 52 employees, half of whom work with risk pools. Ms. Carroll indicated the various insurances they can provide and noted the one which South Burlington has chosen. VLCT raises about $1,000,000 in dues which covers all of its activities. Ms. Carroll noted that their annual meeting will be in South Burlington this year. Ms. Carroll then enumerated some of the services provided by VLCT including training for moderators, Planning and Zoning, open records information, etc. They have been discussing how to be more responsive to communities and are looking to create a City Officials Workshop. They also want to be a resource for city attorneys. They have had an economic development program for communities of all sizes and are very supportive of communities working together. Ms. Carroll noted that they are also working to see if they can create a program so that larger communities can be direct members of the National League. She cited the importance of having rural states be represented nationally. Ms. Carroll said the League is always looking for any feedback from its member communities. 8. Council Action to Ratify Action Taken that Resulted from Consideration and Discussion of Candidates for Appointment to the Development Review Board during an executive session that the Council inadvertently held without affirmative vote: CITY COUNCIL 2 DECEMBER 2019 PAGE 3 Mr. Barritt read the following statement: For the Council’s meeting on November 18, 2019, the agenda included executive session on three separate matters. Due to the late hour and adjustments to the agenda, the Council inadvertently made the necessary motions to consider only two of the three matters in executive session. The Council did not vote on a motion to consider candidates for the Development Review Board in executive session, but did discuss and consider this appointment in executive session and later re-entered the open meeting and voted to appoint Elissa Portman to fill the vacancy on the Development Review Board. In order to correct this mistake, the Council has disclosed this executive session and its purpose, and now will ratify this action. Mr. Barritt then moved that the Council appoint Elissa Portman to the Development Review Board. Ms. Emery seconded. The motion passed 4-0. 9. Council discussion and possible action on establishing a process to allow gifts to be made to the City to include those made in memoriam: Ms. Emery suggested that the Public Art Committee might be good to do this or to have requests come through the City Council to be assigned to a committee. Ms. Carroll said she would check to see if VLCT has a protocol for this. Ms. Riehle felt it would be good to have a program for the planting of trees in honor of someone. 10. Recommendation from the Housing Trust Fund Committee related to an application for funding from the Champlain Housing Trust and possible action by the Council: Mr. Kupferman said the Committee recommends the Council approve a $50,000 donation to the current project of Champlain Housing. The project will provide 60 apartments for a full range of incomes in City Center. This is the final funding request. Ms. Emery moved to approve the allocation from the Housing Trust Fund of $50,000 to Champlain Housing Trust as presented. Mr. Barritt seconded. Motion passed 4-0. CITY COUNCIL 2 DECEMBER 2019 PAGE 4 11. Update on proposed Indoor Recreation Facility: Mr. Leet reviewed the history of the proposed project including community input. He noted the 54,000 sq. ft. building would be located directly south of the Cairns buildings. 240 parking spaces would also be added as part of the project. Mr. Leet then outlined the building details including multi-use courts, turf field, movement center, possible future aquatic center, and an enclosed connection to the Cairns building (which could be closed off). The main sports arena would have both wood and synthetic courts. Mr. Leet indicated the location of locker rooms and an upstairs lounge. The construction would be similar to the Cairns buildings with skylights throughout. Ms. Emery noted a possible issue with now on a flat roof blocking the windows above it. The construction cost, not including “soft costs” would be $17,671,000 based on April 2021 starting date. The total project cost is estimated at $21,497,375 which includes owner costs. Some cost-saving possibilities include removing the turf piece ($1,595,000), removing the covered connection ($250,000) and eliminating the movement studio ($645,000). Ms. Emery asked what the use of the turf field would be. Ms. Rees said it would serve school- age turf sports, agility courses, golf clinics, etc. This would meet a need that the private sector used to provide but no longer does. Ms. Kochman said the Parks and Recreation Committee is pleased to see this moving along. She then noted a Resolution (read by Mr. Simoneau) expressing the Committee’s concern with the proposed additional 2 cents for preservation of land. The Committee felt the Recreation Center project was next in line and unanimously opposed the proposal for the 2 cents for preservation. Mr. Kaufman said he is 100% behind the Recreation Center project. Mr. Crawford said he was impressed with the Rec Center proposal but was concerned with traffic from a safety point of view. Mr. Barritt said there should be improvements at the intersection. Ms. Blanchard said there will be a traffic study for the project. It may also have to go to Act 250 to amend the existing Act 250 approval. 12. Update on the Conservation of the former Auclair property by representatives of Dirt Capital and the Bread and Butter Farm: CITY COUNCIL 2 DECEMBER 2019 PAGE 5 Mr. Conner noted that due to the recent storm, Dirt Capital people would be participating by phone. He then noted that this item relates to the acquisition of 3 parcels of Auclair property in three separate transactions. He indicated the parcels on an overhead slide. He also noted that the city contributed $605,000 toward the conservation of Parcel “B.” Mr. Phelps identified Muddy Brook as a major waterway and showed the location of the Scott, Leduc, and Ewing parcels which have been or are being conserved. He then showed the parcel just acquired for conservation and noted this will create 2,000 acres of contiguous conserved land. Bread and Butter Farm has farmed the Leduc property for 10 years, creating jobs and access to the land for the public. All products raised are sold within the state. Mr. Karnatis said his role is to bring all of the together and secure all the funding needed. He explained how the acquisition happened and noted that the Vermont Land Trust owns Parcel “A.” Other parcels were created with partners including Dirt Capital. Ownership of the farms will be transmitted to Bread & Butter Farm. All the money to conserve Parcel “A” is coming through VHCB. It was also noted that some artifacts were found in the area which will preclude the use of that property. There is a 3.5 acre piece which will be added to Heather Auclair’s lot. There is one housing TDR that goes with that property. The Vermont Housing Conservation Board (VHCB) will be the holder of all the easements before the land is transferred to Bread & Butter Farm, probably a few years down the road. Mr. Barritt asked if there are any TDR areas. These were identified, and it was noted the city will relinquish covenants on those TDRs to the new easements which are more restrictive. TDRs that aren’t sold will be transferred to the owners of Parcel “B.” The forest lands on parcels “B” and “C” will not be converted, but there can be agricultural use on that land. It was noted that a $900,000 grant has been applied for to purchase parcel “B.” If this money is received, it must be spent within 2 years. Parcel “C” is the lowest in conservation value. CITY COUNCIL 2 DECEMBER 2019 PAGE 6 Up to 9 units of housing would be allowed on Parcel “B.” The need for housing for farming families was stressed. It was noted that Interim Zoning was a critical issue and could change the appraisal value of the property. Those involved are concerned they will lose value when Interim Zoning ends. It was also noted that the City has an option agreement for a right of first refusal on parcel “B” which will expire soon. Representatives expressed their passion about building community around this program. They are planning education, musical programs, training of new farmers, research in conjunction with universities, etc. 13. Interim Zoning Application #IZ-19-06 of Blackrock Construction to subdivide a 6.91 acre undeveloped parcel into two lots for the purpose of a 32-unit residential planned unit development. The planned unit development is to consist of 10 single family homes and 22 units in two-family dwellings, plus off-site infrastructure improvements, 550 Park Road: Mr. Kaufman moved to open the public hearing. Ms. Emery seconded. Motion passed 4-0. Mr. O’Leary showed the location of the project at the corner of Park Road and Dorset Street, referred to as the Wheeler Parcel. He reviewed the history, including the Court settlement and land swap with the city, that has led to the present application. The piece to be developed is what JAM Golf received from the City of South Burlington. The City Council adopted regulations to allow this development. The development is wholly in the area approved by the Court and should thus not be subject to Interim Zoning. Mr. O’Leary noted they are not planning any affordable units. Mr. Conner said the Council’s role is to determine whether the proposal falls within the agreement. No issues were raised. Mr. Barritt moved to close the hearing. Ms. Emery seconded. Motion passed 4-0. CITY COUNCIL 2 DECEMBER 2019 PAGE 7 14. CCTV Annual Report: Ms. O’Rourke noted that CCTV covers 5 meetings a month for South Burlington in addition to community events such as the recent groundbreaking. The now live-stream Council and DRB meetings. They will be working with the city on a set-up for the new building. Ms. Davitian spoke of recent trends that have affected their revenues. They are asking municipalities for help in dealing with this. They will be asking South Burlington for 5% more in the coming year ($600). Ms. Davitian noted the Legislature approved a study committee which looked at other models around the country. There will be a proposal for the Legislature to consider in the next year. Ms. Davitian noted the dispute with Comcast has been settled. CCTV will have a complete listing of channels. Channel 17 will no longer be called “Channel 17,” though it will still be on Channel 17. Mr. Barritt suggested that VLCT should be aligned with CCTV. 15. Council Update and Discussion regarding City of Burlington Zoning Permit #20-0514CA related to proposed improvements at the site owned by Burton Snowboards: Mr. Conner reviewed the history. He noted the applicant has submitted an application to perform stormwater improvements on the property. They are also rearranging the parking lot, planting trees, and adding a new access driveway which will access onto Queen City Park Road. The property owners were advised to reach out to the City of South Burlington because it appears that a portion of the new curb cut is on South Burlington land. They city has not heard from them. Mr. Barritt asked what the applicant would need from South Burlington if that curb cut is on South Burlington land. Mr. Conner said they would have to have a right-of-way permit from Public Works. Ms. Emery asked what the city can do if the property owner doesn’t make contact. Mr. Conner said the City is an interested party and can appeal the administrative decision. It would go to the Burlington DRB. Ms. Emery asked if there is anything that would trigger an Act 250 hearing regarding traffic. Mr. Conner did not know. He felt that the addition of 10 parking spaces shouldn’t trigger a traffic study. Ms. Riehle cited the safety issue at a South Burlington intersection. CITY COUNCIL 2 DECEMBER 2019 PAGE 8 Members agreed on the need to appeal. Mr. Bolduc said because of the tight deadline, City Attorneys will file the appeal and the have outside counsel meet with the Council in executive session. A member of the audience suggested also appealing the administrative review process rather than a full DRB process. Mr. Smith thanked the Council for dealing with this. He noted that 11 people from the Queen City Park area were present. He said the application went in on 7 November. The Planning office got updated plans on 18 November, and the project was approved on 19 November. This set the appeal process over the holidays and didn’t give time for input from the Department of Public Works. The project was broken into smaller pieces to facilitate the review process. Mr. Smith said their hope is that the project be reviewed under “major impact” review criteria. They feel the curb cut is in a “crazy place” for large truck access. He also noted residents of the area have hired an attorney and are filing an appeal on the process of administrative review. Mr. Barritt moved that the Council formally appeal the City of Burlington Zoning Permit #20- 0514CA administrative decision, with regard to access and circulation, pursuant to Section 12.2.2 of the City of Burlington’s Zoning Ordinance. Ms. Emery seconded. Motion passed 4-0. 16. Other Business: Ms. Riehle noted the frustration of the Planning Commission expressed in their recent letter with regard to the Council’s intent as to actionable items under Interim Zoning. Ms. Riehle said her expectation when Interim Zoning was enacted was that the public be engaged and that the Council would review reports and, if appropriate, have draft Land Development Regulations written to carry out the intentions. Mr. Conner said what the Planning Commission voted to submit was the report submitted by the TDR Committee. The vote was to submit it to the Council to assure that it is on the track the Council wants before making major changes in the regulations. They are also concerned with the time-frame to develop regulations and how that is to be considered in the context of the end of Interim Zoning. Ms. Emery said it is the Earth Economics piece that is holding things up. 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 pm.