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HomeMy WebLinkAboutMinutes - City Council - 04/19/2021CITY COUNCIL 19 April 2021 The South Burlington City Council held a regular meeting on Monday, 19 April 2021, at 6:30 p.m., via Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, T. Chittenden, M. Cota ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; A. Balduc, A. Lafferty, City Attorneys; Chief T. Francis, Fire Department; J. Rabidoux, Public Works Director; M. Keene, Development Planner; M. Simoneau, R. Groenewald, E. Churchill, J. Charest, D. Hersey, C. Baker, D. Saladino, M. Biama, J. Francis, S. Dooley, M. Behr, K. Sentoff, D. Swarthout, D. Townsend, B. Lyman, J. Steward, B. Wargo, T. Lenski, B. Britt, A. Jensen-Vargas, S. & J. Finnegan, K. Khosahvi, J. Gallant, E. Long, J. Calkins, K. Ryder, R. Greco, R. Gonda, B. Sirvis, S. Dopp, B. Currier, D. Bugbee, C. Trombly, Wayne, R. Jeffers, F. MacDonald, H. Shustie, D. Long, J. Rand. A. Leo, A. & A. Chalnick, B. Connolly, P. O’Brien, J. Marshall 1. Additions, deletions or changes in the order of Agenda items: Ms. Riehle asked to add an item regarding summer meeting planning to Other Business. Sen. Chittenden asked to add an item regarding the proposed sinking of the Ferry to Other Business 2. Possible Executive Session to discuss pending litigation to which the city is a party and receive confidential attorney/client communications regarding same: Mr. Barritt moved that the Council make a specific finding that premature general public knowledge of the Council’s consideration of confidential attorney-client communications made for the purpose of providing professional legal services to the Council and pending or probably civil litigation to which the City would be a party would clearly place the City at a substantial disadvantage. Sen. Chittenden seconded. Motion passed unanimously. Mr. Barritt then moved that having so found, the Council enter into executive session to consider confidential attorney-client communications made for the purpose of providing pro- fessional legal services to the City Council and pending or probably civil litigation to which the City would be a party and to invite into the session Messrs. Dorn, Hubbard, and Bolduc and Ms. Lafferty. Sen. Chittenden seconded. Motion passed unanimously. The Council entered executive session at 6:35 p.m. and resumed open session at 7:05 p.m. CITY COUNCIL 19 APRIL 2021 PAGE 2 3. Comments and Questions from the public not related to the Agenda: Ms. Dopp addressed the Council regarding climate change and environmental stewardship and asked the Council to act locally to contribute to a solution. She cited the cutting down of a forest and the use of blasting in a development instead of requiring the development to fit within the natural conditions. She urged the city to make all decision to support the long term. 4. Announcements and City Manager’s Report: Sen. Chittenden advised that a volunteer clean-up crew will be at the Shelburne Rd. cemetery on Saturday from 9 a.m.-Noon. Council members were invited to join the effort. Ms. Emery reminded the public that Green-Up Day is 1 May. She also said she would like to present a resolution by which the Council would view all policy changes through the lens of global warming. She noted existing drought conditions which could lead to crop failure. She also would like to revisit the pesticide ban in the city. Mr. Barritt suggested the possibility of a combined Burlington/South Burlington new High School which could solve a problem for both communities. Ms. Riehle said that would be a topic for the next Steering Committee meeting. Mr. Dorn: There have been several dog-related incidents in parks, especially Red Rocks Park. Staff is putting together a public information campaign to help people understand the impacts of this. There will be postings on the city’s website, Front Porch Forum, the City Newsletter, etc. The new City Hall/Community Library building seems to be on schedule. The Library will probably move in during the last week in June, and the City Clerk and City Hall during early July. A “grand opening” is being considered for late July with tours, etc. A tour for the City Council is being planned for the next 10 days. This will include the School Board and Legislative delegation. Chief Burke said the proposals made by the fair policing committee have been adopted and implemented with one issue still being ironed out. There will be a Council decision as to how to spend the $5,400,000 recovery money coming to the city. The first half of those funds should arrive soon. The hope is to have CITY COUNCIL 19 APRIL 2021 PAGE 3 the rules for use of those funds before they arrive. The second half of the funds will arrive within a year. Mr. Hubbard: The Dog Park Committee has met. Mr. Rabidoux will continue to meet with them. Betty Milizia is the new Chair. Their next meeting is 11 May. The city has advertised for openings on that and other committees. Ms. Emery asked why the lights are one at 180 Market Street at night. Mr. Dorn said it is to provide safety from vandalism and to keep contractors tools from being stolen. Ms. Emery asked when the new assessments will be out. Mr. Hubbard said probably in mid- May as they are a little behind. She suggested letting people know where they are regarding the rest of the city, pre- and post-appraisal. Ms. Riehle noted she is on the email distribution from the South Burlington Food Shelf. They recently received a check from Healthy Living for $18,000 from “round up” money. That donation will cover a year’s rent. Mr. Dorn noted the receipt of food donations from Trader Joe’s on a weekly basis. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes of 6 April 2021 Joint Meeting with Planning Commission Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Ms. Emery asked about a $17,000 item for a permit. Mr. Hubbard said he would get back to her on that. Mr. Barritt asked about $1500 for fencing. Mr. Hubbard said that was for the dugouts at the park. The motion was then approved unanimously via a rollcall vote. 6. Councilors’ Reports from Committee Assignments: CITY COUNCIL 19 APRIL 2021 PAGE 4 Ms. Riehle: Noted 2 new flights at the Airport: a non-stop to Dallas-Fort Worth and a new carrier to Boston. She also noted that Beta, a company whose national headquarters are now located at the Airport, has had an order for 10 of their electric helicopters. 7. Interim Zoning application public hearings: a. Continued Pubic Hearing: Interim Zoning Application #IZ-21-01 of Alen K. Long for development of two existing lots totaling 39.21 acres each developed with a single family home. The development consists of removal of the two existing homes and construction of up to 49 dwelling units in a combination of single family, two-family and small multi-family buildings in a development area of approximately 17 acres, and a conservation area of approximately 22 acres, 1720 and 1730 Spear Street: Mr. Barritt moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt then moved to continue IZ-21-01 until 17 May as the DRB has not yet completed its hearing on this application. Ms. Keene reminded the Council that the DRB’s next hearing for this item is May 4th, the day after the Council’s next meeting. In the vote that followed, the motion passed unanimously. b. Interim Zoning application #IZ-21-03 of South Village Communities, LLC, to amend a previously approved multi-phased, 334-unit development. The application consists of the following components: (1) Amend the Master Plan by increasing the maximum allowable coverage from 13.9% to 20%, removing the educational facility, adding mixed use, removing the requirement to construct additional dedicated southbound turn lanes on Spear Street, and reducing the total unit count from 334 to 321; (2) Subdivide four existing undeveloped lots totaling 23.2 acres into 8 lots ranging from 0.3 acres to 13.1 acres, construct 22 homes in 11 buildings on Lot 11.1 and 11.2, and construct a permanent farm access road and pavilion on Lot 11C; (3) subdivide an existing 1.92 acre lot into 5 lots ranging from 0.14 acres to 0.67 acres, append 0.18 acres to an existing 12.68 acre agricultural lot for the purpose of developing a CITY COUNCIL 19 APRIL 2021 PAGE 5 2-family home on each of lots 92 to 95, and establishing the fifth lot as permanent open space; (4) construct a mixed-use building and associated parking on newly created lot 11A; and (5) construct a soccer field with associated amenities and parking on a newly created lot 11B to be transferred to the City, 1840 Spear Street: Ms. Jeffers showed the plan and indicated the lots in question including the lot to remain open perpetually. She noted these are the last lots to be developed in South Village. She also indicated where 50% of the affordable units will be and noted that the market rate units will also be more affordable. Ms. Jeffers also noted that the soccer field has been long-awaited by the City, and recreation fees will pay for its construction. Ms. Jeffers then pointed out the lot for “limited neighborhood commercial” use, which has been approved by the Planning Commission. Ms. Riehle asked whether the affordable units would be affordable perpetually. Ms. Jeffers said they will. They will be managed by the HOA and the city, and there is a process to insure affordability. They will possibly fall in the $200,000-$250,000 range. Mr. Cota noted that 4 of the items have gone to final plat. The others are at sketch plan status. He asked why this is being presented now. Ms. Keene said it is the applicant’s choice. Mr. Barritt asked about the left-turn lanes. Ms. Jeffers said the original traffic counts were done when Rt. 7 was under construction. The numbers are now far reduced. Mr. Barritt then asked how drivers will get to the soccer field. Ms. Jeffers said they will improve the road now used to access the solar display. Public comment was then solicited. Ms. Jensen-Vargas was concerned about pesticide runoff from the soccer field. Ms. Jeffers said the South Village by-laws forbid the use of pesticides and non-organic fertilizers. Ms. Greco said the soccer field is prime ag soil. Mr. Marshall said that is true, but it is rated at 6 with the lowest rating be 8. He said it would be very challenging to farm. Ms. Riehle asked if this is where Spear St. will be widened for the bike path. Ms. Jeffers said there is a 20-foot easement along Spear St. if the city wants to go ahead with the path. CITY COUNCILJ 19 APRILE 2021 PAGE 6 Mr. Dorn noted that the city researched the use of the Wheeler property for a soccer field, but Act 250 says it must be contiguous to the South Village property. Ms. Emery felt they were respecting the topography by putting the soccer field there. Ms. Jeffers said the neighborhood is very happy to get that playing space. Mr. Cota said that is what the DRB heard from neighbors. He felt it was a great project. Mr. O’Brien noted that Common Roots leases the farm, and 30-35% of better farmland is currently not being farmed. He also noted that the specification for the soccer field includes inches of topsoil to be added. Were it to be farmed in the future, it would be better than it is today. Ms. Riehle asked if the parking lot will be paved. Mr. Jeffers said it will be crushed stone. Mr. Barritt then moved to close IZ-21-03. Ms. Emery seconded. Motion passed unanimously. c. Interim Zoning application #IZ-21-02 of Brendan Connolly to create a planned unit development of three lots by subdividing a 7.98 acre lot developed with an existing single-family home into Lot 1 (7.02 acres), Lot 3 (0.48 acres), Lot 4 (0.48 acres) for the purpose of developing a single family home on each of lots 3 and 4 and retaining the existing single-family home. Lots 3 and 4 would be accessed off Sadie Lane, 1 Johnson Way: Mr. Currier showed the plan. He noted there will be no new infrastructure. The wetland will be delineated by a split-rail fence. There was good feedback at the DRB at sketch plan. Most of the comments related to orienting homes to the west; however, wetland people favor the development as proposed. Ms. Emery said if the homes were oriented to the south, they could have solar on the roofs. Mr. Barritt said that depends on the pitch of the roof. He said whatever the developer can do to maximize solar would be great. Sen. Chittenden asked that the barbed wire in the area be pulled out as it is begging to cause problems. Mr. Currier said that will definitely be done. Ms. Emery moved to close IZ-21-02. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL 19 APRIL 2021 PAGE 7 Ms. Emery then moved to close the public hearing. Mr. Barritt seconded. Motion passed unanimously. 8. Interview with applicants for appointment to South Burlington Boards, Commissions and Committees: The City Council interviewed the following applicants for appointment to Boards, Commissions and Committees: Joyce Werzer………….……….…………….. Development Review Board Ariel Jensen-Vargas ……………………….. Affordably Housing Committee Mark Behr ……………………………………… Development Review Board Denise Townsend ………………………….. Public Art Committee Ray Gonda …………………………………….. Natural Resources & Conservation Committee Bill Wargo ……………………………………… Natural Resources & Conservation Committee Denise Hersey ……………………………….. Library Board of Trustees Donna Swarthout ………………………….. Library Board of Trustees Ted Lenski …………………………………….. Library Board of Trustees 9. Consider and possibly approve the Local Emergency Operations Plan: Ms. Emery moved to approve the Local Emergency Operations Plan as presented. Mr. Barritt seconded. Chief Francis said the plan is all up to date and dovetails with the State plan. There have been o major changes in the last year. In the vote that followed, the motion passed unanimously. 10. Council discussion and possible action on recommendations related to the Chittenden County Regional Planning Commission I-89 Corridor Study: Ms. Riehle said it was helpful to read comments from all of the committees, a great majority of whom preferred the Exit 13 diamond interchange. Mr. Cota said his support would go to 12B as he didn’t feel the city should stop thinking about improving the economy. CITY COUNCIL 19 APRIL 2021 PAGE 8 Ms. Emery said she would prefer to see housing where there is already transit. Sen. Chittenden said he agrees with Mr. Cota. Mr. Barritt agreed that 12B is the perfect place to put an interchange and get traffic off Rt. 116 and Kennedy Drive. Ms. Emery said the Planning Commission unanimously supported Exit 13. Sen. Chittenden said he is sold on the pluses of 12B. He suggested a “park & ride” to address climate change issues. Ms. Emery felt people won’t want to live there, and that conflicts with housing goals. Ms. Riehle said that by the time something gets built, the business model may not be viable. It is hard to predict. Sen. Chittenden felt that 12B will attract smart growth and reduce commute times. Mr. Cota moved that the Council support continuing to investigate 12B as a viable option for the community. Sen. Chittenden seconded. Ms. Riehle noted that the Economic Development Committee recommended doing both 12B and 13. She asked whether that is possible. Mr. Baker said it would cost more to do both, and it might stretch out the time. Mr. Mittag said the Planning Commission chose 13 with the single diamond interchange because of access to City Center. He felt that 12B will use up acres of land and destroy a wetland. Mr. Chalnick said 13 doesn’t work great now, and he felt it would be better to fix it. He noted that the Energy Committee actually felt it would be better to spend the money on mass transit, biking and pedestrians. Ms. Emery added that 12B had the lowest “environmental stewardship” rating. Mr. Burton of the Economic Development Committee said they saw 12B as providing the most economic benefits to the city with high-paying jobs and an increase to the tax base. It would CITY COUNCIL 19 APRIL 2021 PAGE 9 also take large truck traffic off local roads, and that would be a win for the environment. They felt the absence of 12B has slowed businesses settling in the business parks. The tax money gained from 12B could be used to provide other benefits to the city. Mr. Mittag felt it was a question of balancing quality of life with access to business parks. He said 12B will use up a lot of land, and he didn’t see that it was needed. He felt Exit 13 gives access to the Tilley Drive area and is also the lowest cost. Mr. Barritt said not to forget that all the bridges will have to be replaced. 12B will reduce travel time and provide connection where it doesn’t exist today. Mr. Trombly said the Affordable Housing Committee looked at this and saw 12B as an opportunity to bring in jobs which is good for housing. They did not weigh in with a choice. Ms. Jensen-Vargas said there is a grant I place to revamp the hill on Spear Street which will take a lot of traffic off Shelburne Rd. In the rollcall vote that followed the motion passed 3-2 with Ms. Emery and Ms. Riehle voting against. Mr. Baker said he hears the split and will look long and hard as to whether both 13 and 12B can be done. 11. Council consideration and possible approval of a resolution requiring that a third- party conservation easement on the so-called Wheeler Property be conveyed and completed within five months of enactment: Sen. Chittenden moved to approve the resolution as presented. Mr. Cota seconded. Mr. Dorn noted the City Attorney is still researching issues and is in touch with the Land Trust. Mr. Barritt said he is concerned with legal technicalities that could slow the process down. In the vote that followed, the motion passed unanimously. 12. February and March Financials: Mr. Hubbard said that ¾ of the way through the fiscal year they are at 86% of anticipated CITY COUNCIL 19 APRIL 2021 PAGE 10 revenues and 66% of anticipated expenditures. They are tracking a number of revenue items including local option taxes (anticipated $400,000 shortfall from the rooms and meals tax), property taxes, Planning & Zoning revenues, fire inspection revenues ($100,000 shortfall), ambulance revenues, Recreation & Parks activities ($140,000 revenue loss, some of which will be offset), and interest income (2% was anticipated, and they are getting .25%). Property taxes are doing well with 99% received. On the plus side, the city has received $150,000 from FEMA, the City Clerk’s office is $55,000 above anticipated. Reduced recreation expenses are at $95,000. Health insurance savings are at $100,000 as of this date. Not having to pay on the original pension loan has resulted in a savings of $668,000. Overall, Mr. Hubbard said the city is $32,000 to the good, which he feels good about. He also noted these figures don’t take into account additional FEMA money of the $5,000,000 from the American Rescue Plan which should be received in the coming year. Mr. Hubbard also said he would like to see the city bring up some of the projects and purchases in the CIP. He was comfortable releasing some of those funds with the exception of the paving money. Mr. Barritt asked about projections for the Rooms & Meals local option taxes. Mr. Hubbard said the hope is it will get better. He was also hopeful the losses could be backfilled with money from the American Rescue Plan. 13. Liquor Control Board: Sen. Chittenden moved the Council convene as Liquor Control Board. Ms. Emery seconded. Motion passed unanimously. The Board considered the following: Chipotle Mexican Grill, 1st Class & 3rd Class Restaurant/Bar License; Dave’s Cosmic Subs, 1st Class Restaurant/Bar License; Duke’s Public House, 1st & 3rd Class Restaurant/Bar License Sen. Chittenden moved to approve the licenses as presented. Ms. Emery seconded. Motion passes unanimously. CITY COUNCIL 19 APRIL 2021 PAGE 11 Sen. Chittenden moved to reconvene as City Council. Mr. Barritt seconded. Motion passed unanimously. 14. Other Business: Ms. Riehle asked members to think ahead to when they will be away on vacation so meetings can be scheduled. Sen. Chittenden noted that Sen. Ginny Lyons is very concerned about the potential sinking of the ferry in the Lake. He raised the possibility of dry-docking it on land and asked members to think about that. Mr. Barritt noted that in Maryland they brought a jet fighter into a park and kids can crawl around in it. He felt the ferry is very special and could possibly be used in the same way. As there was no further business to come before the Council, the meeting was adjourned by common consent at 10:56 p.m.