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HomeMy WebLinkAboutMinutes - City Council - 12/07/2020CITY COUNCIL 7 DECEMBER 2020 The South Burlington City Council held a regular meeting on Monday, 7 December 2020, at 6:00 p.m., via Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, D. Kaufman ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; P. Conner, Director of Planning & Zoning; I. Blanchard, Project Manager; J. Murray, Librarian; P. Leduc, J. Pasackow, T. Lenski, M. Cota, D. Bugbee, K. Braverman, C. Snyder, J. Louisos, M. Mittag, M. Ostby, T. McKenzie, J. Weith, D. Long, P. Tompkins 1. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 2. Executive Session: Mr. Chittenden moved that the Council meet in Executive Session to discuss matters related to Personnel and to include Messrs. Dorn and Hubbard in the Session. Mr. Kaufman seconded. Motion passed unanimously. The Council entered Executive Session at 6:06 p.m. and resumed open session at 6:30 p.m. 3. Comments and Questions from the public not related to the Agenda: No issues were raised. 4. Announcements and City Manager’s Report: There were no Councilor announcements. Mr. Dorn: Staff is working on the FY22 budget, and all Managers are deeply into that process. The Council will receive the proposed budget at the first meeting in January. Staff is doing the required programs regarding sexual harassment. A lawsuit has been filed against 12 communities asking for opening of City Clerks’ offices so that title searches can be done more expeditiously. The communities are taking this seriously. Ms. Riehle noted she spoke with the Chair from Plainfield who noted that Clerks and Assistant Clerks do go to cars of lawyers, find out what buildings they are interested in, photo- copy information and bring it to them. Mr. Dorn noted that South Burlington just asks people CITY COUNCIL 7 DECEMBER 2020 PAGE 2 to make appointments. He noted that the 12 communities are banding together to share the costs involved in the suit. The schedule for 180 Market Street is starting to slip a bit, and the original occupancy date of 29 June may be moved to July. Mr. Dorn, Mr. Conner, Mr. Rabidoux and Mr. Cate met with UVM and learned they have significant delays around their athletic facilities. The new event center is on hold. 5. Consent Agenda: a. Approve Disbursements b. Approve Revised Agreement to Reconstruct Stonehedge Drainage Swale Ms. Emery questioned a possible discrepancy in amounts. Mr. Dorn said one figure looks like design, the other for permitting, but he will check to be sure. Mr. Barritt thanked the stormwater people for working to solve this issue. Mr. Chittenden moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously via a roll call vote. 6. Consider and possibly approve a new member to the Library Board of Trustees (candidate has already been interviewed for the position by the Council): Ms. Emery moved to appoint Alicia Lamonda to the Library Board of Trustees. Mr. Barritt seconded. Motion passed unanimously via a roll call vote. Mr. Dorn noted that Ms. Lamonda will fill and unexpired term. 7. Update from Snyder/Braverman/City Center LLC on City Center development: Mr. Braverman noted this is a difficult time for their industry, and they are very grateful to be doing so well. This year they permitted 176 units in City Center. They have a new building with 43 units adjacent to the Garden Apartments which they will be closing on at the end of January or beginning of February. A 133-unit building behind Healthy Living is fully permitted and shovel ready when COVID calms down. CITY COUNCIL 7 DECEMBER 2020 PAGE 3 Ms. Riehle asked if the 43-unit building is market rate. Mr. Braverman said they are going to be made affordable as the need is even greater now. The building will be called Dover Place. He showed the building concept and said it will be a mix of 1, 2 and 3 bedroom apartments, compatible with the adjacent building. It will also provide a source of jobs which are very much needed in addition to the affordable housing. The financing is lined up and ready to go. Mr. Braverman then showed a concept for Prospect Place which is also ready to go when things rebound from COVID. He pointed out a park feature and the design of Garden Street (with traffic calming elements). These units will be market rate. Parking will be behind the building and also underground. Dover Place has underground parking. Mr. Dorn noted that both buildings will impact the TIF revenue. Mr. Snyder said they anticipate Dover Place will be ready for occupancy on March 2022. He noted there are weird things happening in the industry. They can’t buy a refrigerator anywhere! The hope is that by the middle of 2021 those challenges will have worked their way out. He noted that financing is favorable. Mr. Chittenden asked what is the thinking regarding Garden Street and the expiring of the TIF “clock.” Mr. Dorn said some of that will be part of the budget review. Mr. McKenzie said they use lot sales to fund infrastructure expenses. In anticipation of Prospect Place, they built the south section. He said that Garden Street South will be done either before the Midas Street section is done or before another building is constructed. 8. (formerly agenda item 14) Approve posting for City Manager position and procedure for soliciting and evaluating applications: Ms. Riehle said the position will be posted with VLCT and similar organizations in the New England states. The application deadline is 4 January 2021. The thought is to create a small committee with members of the public and employees to winnow down the applicants and do the first round of interviews. The Council would do the final interviews. The plan is to have a 2- month overlap with Mr. Dorn and the new City Manager. Ms. Emery moved to approve the job posting for City Manager. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 7 DECEMBER 2020 PAGE 4 9. (formerly agenda item 15): Councilors’ Reports from Committee Assignments: Ms. Riehle: The Airport Commission met last week, but she could not attend. There was a 2- 2 vote on expanding the Commission to add a person from Winooski. Ms. Riehle said she would have voted in favor. The Burlington City Council is voting on this tonight, and they are aware she would have supported it. 10. Liquor Control Board (formerly agenda item 16): Ms. Emery moved that the Council reconvene as Liquor Control Board. Mr. Barritt seconded. Motion passed unanimously. Members considered a request for a Second Class Liquor License from Red Barn Market and Deli. Mr. Dorn noted the building has been inspected all during construction. He had no concern that there is not yet a Certificate of Occupancy. Mr. Kaufman moved to approve the Second Class Liquor License for Red Barn Market as presented. Ms. Emery seconded. Motion passed unanimously via a roll call vote. Mr. Barritt then moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt noted that there was a bad accident at VanSicklen/Hinesburg Road recently and asked whether the State has responded to the city’s request to lower the speed limit in that area. Mr. Dorn said he will check with the Public Works Director. 11. (previously #8): Public hearing on proposed Land Development Regulation amendments: . LDR-17-13A: Allow for increase in maximum lot coverage on properties with land in the Urban Design Overlay District via installation of an on-site civic space . LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in the Urban Design Overlay District via use of Transferable Development Rights from designated Sending Areas . LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the Land Development Regulations . Possible action to adopt proposed Land Development Regulations amendments #LDR17-13A, LDR-17-13B, LDR-19-06, and LDR-20-18A CITY COUNCIL 7 DECEMBER 2020 PAGE 5 Mr. Chittenden moved to open the public hearing. Mr. Kaufman seconded. Motion passed unanimously. Ms. Louisos gave an overview of the amendments. She noted that the first two allow a 10% increase in lot coverage in the Urban Design Overlay District via one of two methods, either installing a high quality civic space or purchasing a TDR. The third amendment updates the types of open space (e.g., mini-park, snippet parklet). The fourth amendment allows for electronic submission of applications. Public comment was solicited. There was no public comment. Mr. Barritt moved to close the public hearing. Mr. Chittenden seconded. Motion passed unanimously. Mr. Chittenden then moved to pass the proposed Amendments as presented. Mr. Barritt seconded. Motion passed unanimously via a roll call vote. 12. (previously #9 on the agenda): Presentation of proposed updates to Land Development Regulations to include Habitat Blocks, Habitat Connectors, and other amendments to Environmental Protection Standards: Ms. Louisos said the proposed updates are still in draft format. The Planning Commission has been working on different pieces and will see the whole thing together for the first time tomorrow night. They are also working on the development piece which will allow for more compact development in some areas. Ms. Louisos then showed a summary table of environmental standards including old and new protection zones. She specifically referred to “Level 1 Resources (habitat blocks, connectors, etc.) which would be no-build zones; Level 2 Resources where some level of development would be allowed; and the 500-year flood plain where undeveloped land would be no-build zones and developed areas would allow expansion and new builds under specific guidelines. A map was then shown of what this means on the ground. Ms. Louisos indicated areas of very restricted development and what is already protected/conserved. A map was then shown of what is already built. CITY COUNCIL 7 DECEMBER 2020 PAGE 6 On the map of hazards and level 1 resources, Ms. Louisos noted that the Commission did some revisions to adjust the edges. They have also drawn in habitat connector areas which would have to be indicated in a development plan. A map was then show adding the Level 2 resources. Ms. Louisos noted the Ethan Allen Industrial Park, which is in the 500-year floodplain. This area would have new standards, and new buildings would have to be built above the flood plain and would have to incorporate resiliency standards and adhere to State guidelines. Mr. Conner noted that for the past 20 years, the city has not allowed new buildings in the 100-year floodplain. The State model has language also not allowing new buildings there. Regarding the habitat blocks, Ms. Louisos noted that some lines are not perfect, and the Commission has agreed to options for someone to request a change in how things are laid out on the property. Ms. Emery noted the importance of “old trees,” not just cutting them down and planting new ones. Mr. Conner noted that the criteria to determine whether it is appropriate to build on a portion of a forest block does take into account the quality of the area. Ms. Louisos said the Commission would welcome additional comments. 13. (previously #10): Update on Preparation of Climate Action Plan: Mr. Conner reviewed the history. He said staff is looking at a multi-pronged, 2-phased approach. Phase I, which would occur in January/February, would involve working with CCRPC to help build the framework for and “enhanced energy plan.” CCRPC already has some data. The objective in the first half of the year would be to reaffirm the Council’s resolution and identify targets set forth as “next steps.” The second phase, in the next fiscal year, would attack energy by “sector” such as transportation energy which would develop tools to increase electric vehicles, shift away from single occupancy cars, etc. It would also address commuters to the city who come in to work every day. A working team is being put together with the Energy Committee, and they will then work with business partners, developers, etc. Ms. Emery said it is important to engage the Economic Development Committee as well. CITY COUNCIL 7 DECEMBER 2020 PAGE 7 Mr. Conner said there is time in this fiscal year for Step 1, though they are still one person short in the Planning Department. This will also depend on Council budget decisions. Ms. Riehle said the Council would want to see some immediate action items, what can be done to make a difference. Mr. Conner felt there are some short term things that can be done. Mr. Chittenden said he is hoping to get on the Transportation Committee in the State Senate. He felt there are real opportunities to shift transportation patterns. Mr. Conner said that making City Center a reality is very important in terms of transportation, as it will allow people to walk to work, shopping, etc. 14. (formerly #11): Preliminary budget discussion on operations budget for new Library: Mr. Leduc reviewed the history and particularly noted the additional space in the new Library for technology, engagement of children, adults and seniors, and spaces to gather. He also noted that the economic situation is now different from what had been anticipated., and the question is how to fulfill the community’s expectations when the doors open. Mr. Lenski said the plan now is to increase FTEs from 8 to 11 in FY22 to support increased hours of operation, expanded programs, children’s and young adults after school programs, and support services for increased patrons. Mr. Lenski then reviewed the proposed new hours of operation which will increase from 40 hours a week through 2021 to 48 hours in the first half of 2022, and then to 61 hours in FY2023. To support these hours, a 20% increase in staffing will be needed in FY22 and 12% increase in maintenance and leasing. There would also be a one-time cost for computers and self-checkout machines. Mr. Lenski said that over time, the costs per open hour and FTE would decrease. Ms. Murray noted one expense would be “room reservations software” to address the 7 or 8 available rooms for meetings, etc. People would be able to make reservations on line. Mr. Riehle asked about the lifespan of the checkout machines. Ms. Murray noted that libraries around the world are trying new things. She understood the lifetime of the machines is 10 years. With a lease ($35,000) the city would own the machines after 5 years. The outright purchase price would be $25,000. CITY COUNCIL 7 DECEMBER 2020 PAGE 8 15. (formerly #12): Overview of Capital Improvement Plan for Fiscal Year 2022: Mr. Hubbard said the Library will be a major cost driver (just under $200,000). Other cost drivers are health insurance ($120,000), Employee Contract obligations ($300,000), property insurance and Worker’s Compensation ($90,000). There is also an anticipated decrease in local option tax revenue of about $250,000. Regarding the CIP, Mr. Hubbard first addressed items funded from the General Fund. He felt that the proposed $1,000,000 for highway work is feasible. He did feel that the $750,000 for replacement of vehicles should be looked at. The $100,000 for removal of ash trees may have to be revisited. There is a need to replace some equipment in the ambulances in order to keep certification up to date. The financing of the Police Station will peter off in the next few years and will be paid for by local option taxes and impact fees. The proposed replacement of 3 police vehicles may have to be reconsidered. There are also funds for replacement of tasers and handguns which has to be done every 7 years with costs split over 2 years. In FY23, there will be an item for body cameras and storage to file that data. Items in the CIP for Recreation/Parks include sidewalk repair, upgrade of tennis courts and pickle ball courts at Szymanski Park, IT hardware, public art, and a bond payment. Regarding items funded outside the General Fund, Mr. Hubbard noted these include: police vehicle replacement, building stewardship at the Police Station, South Village soccer fields (funded by impact fees), dugout replacement (funded by user fees), upgrade to bathrooms at the Park (funded by impact fees), dog parks (funded by recreation impact fees), open space projects and bike/ped improvements (there will be a presentation on this at the meeting on 4 January), indoor recreation center planning (funded by recreation fees), energy projects, City Center (including Garden Street), and enterprise fund projects. Ms. Blanchard said Garden Street is the next project up for funding. It is currently at 60% designed. The project is 100% TIF eligible. Ms. Blanchard noted that the city got a one-year extension from 2022 to 2023 to incur debt in the TIF district. The intention is for the City Council to consider authorization for the first part of Garden Street (Dorset Street to the end of Healthy Living Road, including sidewalk and water line connection) and Dover Place through Midas Drive, which is a whole new construction. The cost is in the range of $4,000,000. Staff proposes this got to the voters in March 2021 for construction at the end of 2021. CITY COUNCIL 7 DECEMBER 2020 PAGE 9 Ms. Riehle asked whether TIF income will cover the Garden Street proposal. Ms. Blanchard said the overall Snyder-Braverman development will cover that. The city would carry the debt until full build out. It can by funded by the usual appropriation. Mr. Dorn stressed the need to think about the ability to incur debt by March 2023. The bond bank issuance of 2022 would require an August/September public vote. He recommended taking the $4,000,000 to the voters in March 2021 because there will be something else in 2022. This will require public education and warnings. He asked that the Council make a decision on 21 December. Mr. Chittenden said he supports this plan. Mr. Barritt said the Council needs to look at the best/worst case for City Center build out. Mr. Dorn said he will prepare that for December 21st. Ms. Emery asked about local option taxes. Mr. Hubbard said they now have a $4,000,000 projection. $3,600,000, of that is committed to bond payment with the balance to help offset the general fund. He felt that an overall projection of $3,700,000 would be more prudent at this time. Ms. Emery noted that there is talk of a “rebound” in the second half of next year. Mr. Chittenden noted receipt of an email today regarding the scheduling of Town Meeting elections. He said the city might want to consider pushing it to April. Ms. Riehle said the city would have to budget some educational money. Mr. Dorn said there will have to be a schedule for required public hearings. Ms. Emery felt the Energy and Economic Development Committees should be actively advocating for the vote. Ms. Riehle suggested inviting them to the December 21st meeting. 16. (formerly #13): Identify and discuss items for Legislators for upcoming session: Mr. Dorn referred to a memorandum of issues that have been recommended. These include: a. Police: gaps in delivery of crisis services to citizens (there is no 24-hour crisis center that will take everyone including those who are violent and/or drunk). This is a statewide/nationwide issue, and legislative policy will need to be changed. Also use of force legislation, prohibited restraint, storage costs for body cameras. CITY COUNCIL 7 DECEMBER 2020 PAGE 10 b. Planning: Bill S237 (part of which didn’t pass), effort for statewide rental registry, Act 250 amendments to ease the permitting burden in downtown centers. c. Highway: re-establishment of some programs d. Including wastewater/sewage personnel as “essential personnel” e. Threats that prohibit spreading Class A bio-solids on land (to avoid potential costs of $500,000 to transport them to a landfill f. Frontline employee’s relief money g. Technology piece for unified dispatch center h. State ownership of Burlington International Airport with regional governance (possible study bill) i. Educational spending (the estimated 9% increase is crowding out municipal needs even as enrollments continue to go down Mr. Kaufman said what he doesn’t see is the city getting a greater share of the local option tax. Now the State gets 30% plus $80,000 processing fee. He felt the city needs a better deal. Ms. Riehle added that Burlington doesn’t pay any of that. Mr. Dorn said he would add that to the list. 17. Other Business: Ms. Emery noted receipt of a letter from the Vermont Air Guard regarding serving on a Restoration Advisory Board. Other members also received this letter. Mr. Dorn said he would try to get more information. Ms. Emery said she would do it if it makes sense. Mr. Barritt suggested asking Mr. Rabidoux if the East Woods sewer has paid for itself. Mr. Dorn said he would check. He noted there is still a tiny payment to Burlington ($5000) for a couple of properties where sewage still goes to Burlington. As there was no further business to come before the Council Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:50 p.m.