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HomeMy WebLinkAboutMinutes - City Council - 12/16/2019CITY COUNCIL 16 DECEMBER 2019 The South Burlington City Council held a regular meeting on Monday, 16 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, T. Chittenden, D. Kaufman Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Bolduc, City Attorney; P. Conner, Director of Planning & Zoning; T. DiPietro, Stormwater Department; M. Mittag, B. Gagnon, M. Ostby, Planning Commission; V. Bolduc, R. Greco, D. Crawford, P. DiMichele 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. DiMichele requested that Planning Commission meetings be videotaped since important things are being discussed. She was particularly concerned with the split between residential and commercial properties which has historically been at 50% each but is not 60%-40% with commercial being the lower figure. She felt that TDRs could be used for commercial properties. Ms. Greco asked that there be a sign to identify the Underwood property 4. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended in recent weeks. Mr. Dorn: Secretary Flynn will be at the Kimball Ave. bridge site tomorrow. Suzanne Young will be at the Library to talk about budgeting. The Champlain Housing building will be dedicated on 13 January, 2 p.m. The regularly scheduled Council meeting of 6 January 2020 has been postponed to 13 January. A major portion of that meeting will be the budget workshop. There was a very good turnout of Legislators at the CCRPC Legislative breakfast last week. At a prior meeting, the Council decided on an Interim Zoning Application for 550 Park Rd. The hope is to have an electronic motion that can be voted on electronically as well so the project can get started. CITY COUNCIL 16 DECEMBER 2019 PAGE 2 5. Consent Agenda: A. Consider and Sign Disbursements B. Approve Grant Application for Design of UVM Hort Farm Stormwater Treatment Practice C. Approve Grant Application for Kimball/Marshall Avenue Bicycle and Pedestrian Facilities over Muddy Brook Mr. Barritt asked if there were any nearby basement at the Hort Farm stormwater site. Mr. DiPietro said there are not. It is all open fields. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Kaufman seconded. Motion passed unanimously. 6. FY21 Budget Considerations: Mr. Hubbard said the budget remains a work in progress. There should be a full budget to members this week once figures are rechecked to be sure they are correct. The present budget would result in a 3.75 increase in the tax rate. Mr. Hubbard reviewed the major cost increase items including healthcare (up 10%), pension, the CIP, and contractual agreements. Major revenue growth comes from the Grand List (up 1%), interest income with TD Bank, payoff of the Police Dept. fitup (Vet Center & CIC). On 13 January, all department heads will be present to indicate what is important to them. The Council can then make judgments. Mr. Hubbard explained how the new VMERS pension system will work. Staff will try to get someone in from VMERS to speak with the Council. 7. Possible continuation of Budget discussion, potential March ballot items, and Council discussion: Ms. Riehle noted that various people had asked for ballot items (e.g., open space). Members felt this would be premature since they don’t yet know what the School Board will be coming up with, and they possibly won’t know this till mid-January. Mr. Hubbard said the budget has to be finalized by 21 January for the Steering Committee meeting the next night. CITY COUNCIL 16 DECEMBER 2019 PAGE 3 Mr. Chittenden said if the School Board is going to have a big school bond, he didn’t feel the Council should have anything in March. Mr. Barritt added that there would be a bigger turnout in November. Mr. Barritt asked if it is possible to find out if the predictions of what ballot items and tax increases would cost tax payers were accurate. Mr. Hubbard felt they can get some of that information. He added that what was predicted for Grand List growth has actually been higher almost every year. Ms. Greco was concerned about putting off a vote on land conservation. Mr. Kaufman said that he had spoken with John Simson who felt it may be possible to get some of the open space land without tax money. He said the Council is committed to doing something, but not taxing if they don’t need to. Ms. Greco felt there should be something in place before Interim Zoning ends. 8. Public Hearing: Public comment, consideration and possible approval or amendment to the Capital Improvement Plan (CIP): Mr. Barritt moved to open the Public Hearing. Mr. Kaufman seconded. Motion passed unanimously. Mr. Hubbard noted they are $211,000 above last year’s CIP. He then reviewed the changes made at the special Council meeting including the following: a. Reducing the paving amount from $1,000,000 to $750,000 (the potential for a grant may bring this back up near the original amount) b. Reducing the amount for removal/replacement of ash trees by $100,000 (it costs less than anticipated to remove the trees) c. Reducing the amount for Fire/Ambulance service (due to the opportunity for a grant) d. Reducing the replacement of Police vehicles from 4 vehicles to 3 vehicles. e. Reducing the Communications amount for the Police Department by $22,000 as some of this equipment has already been received f. Delaying bleacher replacement ($10,000) for one year g. Reducing the amount for the City Center Reserve Fund by $110,000 based on current figures. CITY COUNCIL 16 DECEMBER 2019 PAGE 4 Mr. Chittenden said he supports all of these changes. He was concerned with continuing to include the funding for a Performing Arts Center in the CIP. He noted the proposed new High School will have a new auditorium and black box facility. He said the Center could always be added back in later. Mr. Kaufman agreed and suggested the potentially vacant Sears property might be a consideration in the future for that use. Mr. Hubbard said what the Council is voting on tonight is what they consider to be reasonable funding of major projects for FY21. This can still be changed at the 13 January 2020 meeting. Mr. Crawford said he was impressed with how all of this gets worked out. As there was no further public comment, Ms. Emery moved to close the public hearing. Mr. Chittenden seconded. Motion passed unanimously. Mr. Kaufman then moved to approve the Capital Improvement Plan for FY21 as presented. Ms. Emery seconded. Motion passed unanimously. 9. Possible Executive Session to receive advice from legal counsel regarding the Appeal of ANR Wetlands General Permit 3-9026, Vermont Superior Court, Environmental Division Docket No. 142-12-18Vtec: City Attorney Bolduc said the Council has received information on a settlement. He didn’t feel an executive session was needed. He noted that the city got a lot of what was on its “wish list.” Mr. DiPietro said that originally the requirements weren’t in sync and weren’t clear in many cases. The only way to move forward was to appeal the permit which is what South Burlington and Williston did. The concerns of the 2 communities were understood, and it has been clarified that a permit is not needed every time something is repaired. There will need to be 5000-7000 feet involved before a wetland permit is needed. Attorney Bolduc said there will now be more city projects that can move forward. 10. Consider and possibly approve settlement of Appeal of ANR Wetland General Permit 3-9026, Vermont Superior Court, Environmental Division Docket No. 142-12-18Vtec: CITY COUNCIL 16 DECEMBER 2019 PAGE 5 Mr. Barritt moved to approve the settlement of the Appeal of ANR Wetlands General Permit 3- 9026, and authorize the City Manager to execute the Settlement Agreement and any related documents. Ms. Emery seconded. Motion passed unanimously. 11. Receive Transfer of Development Rights Interim Zoning Committee Analysis Report and discuss possible next steps: Mr. Mittag reviewed the history and noted the memo provided to the Council along with the latest version of the report. He also noted that when the TDR report was presented to the Planning Commission, there was a split on the Commission as to what product the Council was looking for. Some felt the report met the tasking of the Council; others felt there were supposed to be written regulations at the end of the process. Mr. Mittag asked that the Council determine whether this report is what they were looking for from the Committee. If not, they would like more guidance. Ms. Emery said that once the Council has the Open Space report and the Earth Economics report, she would like a discussion on receiving areas outside the Southeast Quadrant (SEQ). Mr. Gagnon noted that Option 4 in the report is to expand both sending and receiving areas. Mr. Mittag said he felt the Council wanted draft LDR regulations, which is not a small task. Mr. Chittenden felt this is the right direction to be going in to make the TDR program more thoughtful. Mr. Barritt said the Council charge was not to create LDRs; it was to create a report. Ms. Emery suggested a process to bring selling/buying together, so people can know what is available. Mr. Mittag suggested a possible registry where people could list what they are offering, though this could be a lot of work for staff. Mr. Barritt noted you can do that on Front Porch Forum right now. Mr. Mittag added you have to provide a map to indicate what can be sold as TDRs. Ms. Emery said she hadn’t seen anything in the regulations to preclude using TDRs for commercial properties. Mr. Conner noted that the Planning Commission had received a presentation from Allan Strong of the Open Space IZ Committee. They did not recommend what to do with the properties they recommend for conservation. There are some significantly large parcels on that list. He also felt that realistically, regulations would be possible in the spring. CITY COUNCIL 16 DECEMBER 2019 PAGE 6 Mr. Mittag suggested they could create the concept for sending areas and then assign properties later on when the Open Space Committee report is finalized. Mr. Conner said there should be a balance between acreage to be conserved and acreage for receiving areas. Ms. Greco was concerned that this is what happened the last time IZ occurred when there were reports but no language drafted into the LDRs. Mr. Mittag asked whether the TDR IZ Committee’s work was done. Members felt the Committee had met its charge. Mr. Gagnon said if the Planning Commission has any changes it wants the Committee to make, the report can be “tweaked.” Mr. Chittenden cited the need to do more for the city’s volunteers. 12. Review and possibly approve the Errors & Omissions Report from Tax Assessor for the 2019 Grand List: Mr. Hubbard said the list mainly corrects misspellings, etc. There are no changes in values. Mr. Kaufman moved to approve the Errors & Omissions Report as presented. Ms. Emery seconded. Motion passed unanimously. 13. Convene as South Burlington Liquor Control Commission to consider the following application: a. Weird Window Brewing, LLC – 1st Class Restaurant/Bar License Ms. Emery moved the Council convene as Liquor Control Board. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to approve the First Class Restaurant/Bar License for Weird Window Brewing, LLC, as presented. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to reconvene as City Council. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 16 DECEMBER 2019 PAGE 7 14. Reports from councilors on committee assignments: Mr. Chittenden: This will be a tough budget year for Green Mountain Transit with deep painful cuts. They are currently $1,000,000 in the hole. Mr. Chittenden advised that he will be stepping down as Chair as of 1 January 2010 but will remain on the Board. He noted they will be talking with Montpelier about more sustainable funding means. On the bright side, ridership is up 6-7% after years of decline. Mr. Kaufman noted this is not a new problem, and they don’t seem ever to make progress in public transportation. Mr. Chittenden said there may be a 5% increase to the towns. He is supporting 4% as he feels urban communities are being overtaxed. Mr. Chittenden noted that 5% would mean about $3000 more than South Burlington was paying. Ms. Emery: The Open Space IZ Committee has put together its final narrative and presented it to the Planning Commission. Ms. Riehle: The Airport Commission will meet on Wednesday. They still don’t have a draft of the MOU from Mayor Weinberger 15. Council discussion and possible approval from Earth Economics to conduct a cost/benefit analysis of properties with the City of South Burlington: Mr. Dorn noted that staff went back to Earth Economics with a refinement of the mission. They have responded with a February date at about half the price. John Stewart will continue with the budget related items. Mr. Chittenden said he didn’t feel it was worth $27,000. He would rather see that money going to paving projects. Mr. Kaufman felt it would provide data for the future and he was OK with it. Mr. Mittag said he had some questions about their basic assumptions. He cited studies done by VLCT and the Vermont Natural Resources Council and asked where Earth Economics is starting from. Mr. Kaufman moved to approve the Earth Economics cost/benefit analysis as presented. Ms. Emery seconded. Motion passed 4-1 with Mr. Chittenden voting against. CITY COUNCIL 16 DECEMBER 2019 PAGE 8 16. Council discussion and possible approval of amendments to the Natural Resources Committee authorization that would adjust the number of members of the Committee and the number of members to achieve a quorum: Mr. Dorn noted there have been no applicants as yet for the advertised open positions on the Committee, and they are having a problem conducting business. Staff proposes setting the number anywhere between 6 and 9 and having a quorum at half that number. Mr. Chittenden moved to set the number of Natural Resources Committee members at anywhere between 6 and 9 with a quorum of half that number. Mr. Kaufman seconded. Motion passed unanimously. Mr. Crawford thanked the Council for its help in this matter. 17. Possible Council action on extending the right of first refusal related to the conservation of property: Mr. Dorn said they have reached an agreement to extend the right of first refusal until there is an appraisal plus a month beyond that. This relieves the pressure to exercise the option. 18. Other Business: Mr. Barritt asked that the 25 miles per hour speed limit sign be put back on Spear Street as the Police can’t issue tickets until the sign is up. Mr. Barritt also noted potholes on Farrell and Spear Streets and Kimball Ave. 19. Possible Executive Session to receive confidential attorney-client communications related to the appeal of City of Burlington Zoning Permit #20-0514CA and to discuss matters related to the extending a right of first refusal related to the conservation of property: Mr. Chittenden moved that the Council meet in executive session to receive confidential attorney-client communication and to invite Mr. Dorn and Attorney McNeil to the session. There is to be no action following the executive session except adjournment. Ms. Emery seconded. Motion passed unanimously. CITY COUNCIL 16 DECEMBER 2019 PAGE 9 Following the Executive Session, 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 10:30p.m.