HomeMy WebLinkAboutMinutes - City Council - 10/16/2023 CITY COUNCIL 16 OCTOBER 2023
The South Burlington City Council held a regular meeting on Monday, 16 October 2023, at
6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation.
MEMBERS PRESENT: M. Emery, Acting Chair; T. Barritt, T. Barnes, A. Chalnick
ALSO PRESENT:J. Baker, City Manager; Chief S. Locke, Deputy City Manager; P. Conner, Director
of Planning & Zoning; P.Trombly, Dr. B. Zigmund, A. Jensen-Vargas, M. Cota, B. Sirvis, D. Peters,
E. Sutherland, Tony, L. Smith, K. Calcagni, J. Louisos
Owing to recent events, Ms. Emery began the meeting by asking for a minute of peace and
reflection.
1. Instructions on exiting building in case of emergency and review of technology
option:
Ms. Baker provided instructions on emergency exit from the building and reviewed technology
options.
2. Additions, deletions or changes in the order of Agenda items:
No items were added to the agenda.
3. Comments and questions from the public not related to the agenda:
Mr. Tousley asked about outdoor venues in the backyard of student-rented homes on Spear
Street. Events run from 7-10 p.m. with 100 students attending, alcohol being served. Students
often wander through other yards looking for bathrooms. There is a charge for these events.
Mr. Tousley said there is a check-in table, but he wasn't sure IDs were being checked. Police
have said they are not doing anything wrong, but it there is a problem to call them.
Dr. Zigmund spoke about the construction noise on the Long Drive project. There is constant
hammering every work day when they wants to keep windows open. They were told there was
nothing that could be done about it. This will be going on year after year until the last
construction is done. Dr. Zigmund said the noise measures at 90 decibels on her deck. This is
the limit at which OSHA says one has to wear protective ear covering. The hammering is
necessitated because the houses need to have basements, and Dr. Zigmund asked that permits
for future homes should not allow basements. Mr. Anglin, who lives nearby, said this has been
going on since 2020. He asked why developers can flaunt the laws that everyone else has to
obey and why the city has done nothing about it for 4 years.
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Mr. Chalnick said the DRB permit does not allow for violation of the noise ordinance. He asked
why they are being allowed to continue to do this.
Mr. Barritt noted this is a 9-house development with a lot of ledge. That is what is causing the
hammering. He asked why the permit was granted and who enforces the noise ordinance.
Mr. Conner said this is not a good situation for anyone, especially residents. It is the original
JAM Golf project, and the Court ruled that these houses could be built. The challenge is the
right to construct vs. the methods of construction. The developer says nothing else is feasible
on this site. Mr. Conner said staff has been working to make the hammering less incessant.
There is also a dialog going on with the master developer to see if there is another way to go in
the future The Police are the enforcing agency for the noise ordinance. Mr. Conner said he felt
the zoning office would be more appropriate.
Mr. Chalnick said it doesn't make sense to give someone the right to violate an ordinance.
Mr. Barritt asked if there is a larger chipping machine that could finish the job quicker. Mr.
Conner did not know. He thought they were louder for a shorter period of time.
Ms. Emery asked if it is possible to ask the developer to amend the design.
Mr. Conner said the builder and staff are engaged in conversation trying to limit the extent of
the noise and disruption. There are no alternative to what they are doing at the moment.
Mr. Barnes asked how the Court settlement should figure into this. Mr. Conner said the
settlement does not enter into how the ordinance is enforced. The building has a permit to
construct.
Mr. Conner said staff is committed to providing an update later in the week as to what is being
done.
Mr. Chalnick said the developer should have to stop now until there is a solution.
Ms. Emery was concerned that a city ordinance was not holding up.
Dr. Zigmund said the Zoning Department has the right to stop the construction, but they are not
doing it.
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4. Announcements and City Manager's Report:
Mr. Barnes said that he will be resigning from the Council following this meeting. He has been
offered a job promotion which requires relocating to Colorado. He expressed gratitude for the
opportunity to serve the community, but felt the move is best for his family. He said he tried to
used his voice to be sure benefits are available to all and questioned whether the city is making
it easier or more difficult for people to make South Burlington their home. It is an expensive
place to live, and capital needs for the schools will make it more expensive. He questioned
equitable access to green space in the city and questioned whether the city can add 10%to the
budget for climate change. He thanked Ms. Baker and Council Chair Riehle for their support and
guidance.
Members of the Council thanked Mr. Barnes for his commitment and wished him well in his new
endeavor.
Other Council members reported on meetings and events they had attended.
Ms. Baker: Last week a zoning permit was issued for Lot N in City Center. There will be 187
new homes and 27,000 sq. ft. of commercial space.
Holiday Inn has been demolished to allow for infill buildings.
All but 3 apartments in the former Ho Hum Motel have been filled.
The new Parks and Recreation Director will join the staff at the end of the month.
There are still openings on the DRB and other committees.
Thanked Mr. Barnes for his service and noted how quickly he learned.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve an application for a Municipal Planning Grant to partially fund a Parks
Master Plan
c. Approve an application for a Bylaw Modernization Grant to fund San Remo
Drive planning and bylaw updates
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d. Approve the allocation of up to$80,000 of ARPA funding to conduct the design
and engineering of a signalized intersection at Hinesburg Road and Market
Street in advance of Capital Improvement Plan funding in FY25
Ms. Emery asked about the 577 Dorset Street fee. Chief Locke explained that it relates to
separation of 575/577 including water, power, etc. The cost is being split with the School
District. Ms. Emery also asked what RAIZ is. Ms. Baker said it is the federal grant that is funding
the bridge over the Interstate. An appraisal has to be done in order to purchase land.
Mr. Barritt moved to approve the Consent Agenda as presented. Mr. Chalnick seconded.
Motion passed 4-0.
6. First Reading of the Planning Commission's recommended City Plan 2025: discuss
the process and consider warning a public hearing for a special meeting on
November 16, 2023 at 6:45 p.m.:
Ms. Louisos noted that the Planning Commission voted unanimously to move the plan forward.
She also noted that members felt "City Plan" was more understandable than "Comprehensive
Plan."
The opening statement of the Plan includes the 4 guiding principles:
a. Climate Resilient
b. Inclusive, Fair and Just
c. Thoughtful and Sustainable Built Environment
d. Collaborative and Engaged
Ms. Louisos then showed the Future Land Use Map. She drew attention to a new designation:
Commercial/Industrial with Supporting Residential. She also noted that some small scale
commercial is allowed in every district.
The focuses of the plan include:
a. Climate Change/Mitigation and Resilience
b. Housing
c. Creating City Center
d. Building Community
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e. Environmental Protection
Key aspects of the plan include:
a. Use of plain language
b. Measurable where possible
c. Ambitious and Visionary
d. Provides Framework for Future Work (e.g., Climate Action Plan, Bike/Ped
Master Plan)
Each section includes an overview, goals/actions, inventory analysis and challenges, and
resources.
Ms. Louisos then showed a timeline of the plan's preparation and outlined public participation.
Mr. Conner explained that the next steps include Council review and two public hearings. If the
Council makes any changes, a third public hearing will be required. Staff suggests warning a
public hearing for Thursday, 16 November(special meeting). Public comment can be accepted
in the interim.
Ms. Emery noted that members of the public have expressed concern with infill being placed
only in areas with housing built prior to 1980 ("post-war neighborhoods"). Ms. Louisos said
some of that language has already been changed. Ms. Emery said that if there is already
housing built, infill should go there. She also felt there should be more relating to various forms
of diversity in this plan.
Mr. Barritt was impressed with what he called a "very crisp document."
Mr. Barnes questioned the math which did not seem to add up. If housing growth and
population growth stay the same, how do we wind up with a 5%vacancy rate? Ms. Louisos said
the 5%was recommended by the Affordable Housing Committee, and the Planning Commission
decided to leave it and the other numbers unchanged.
Mr. Barnes asked how you prioritize one over the other. Mr. Conner said that is a very good
point. He explained that many goals are ambitious policy goals. The 5% is policy of a different
sort. There needs to be a balance so the city doesn't get more infrastructure than it needs.
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Ms. Emery was concerned that the plan seems to rely on current development patterns as to
what should be high or low scale development. Ms. Louisos said the Future Land Use Map
addresses some of that. Ms. Emery also felt there should be "future transit corridors" included.
Ms. Williams, representing the School Board, presented 9 "bullet points" that the School Board
wants to have included in the plan which did not make it in time to be included in this draft.
Mr. Barritt then moved to warn a public hearing on the 2024 City Plan for Thursday, 16
November 2023, at 6:45 p.m. Mr. Chalnick seconded. Motion passed 4-0.
Mr. Chalnick said he would like a less formal way for the Council to discuss the Plan prior to 16
November. Members suggested a special meeting on 30 October which could also include the
filling of Mr. Barnes' Council position.
7. First Reading of Land Development Regulation Amendments#LDR-23-03, Multiple
Principal Structures on a Lot— Mobile Home Parks; #LDR-23-04, City Center Form
Based Code: Buildings on Outside of Road Corners; and #LDR-23-05, Minor
Technical Amendments; and consider warning a public hearing on these
amendments for 16 November 2023 at 7:45 p.m. or 20 November 2023 at 7:00
p.m.:
Mr. Conner explained that LDR-23-04 relates to an "L" shaped corner which created a pocket
where nothing can be built. There is a potential for this situation in several places in the city.
LDR-23-04 complies with State Law which does not allow a community to prohibit mobile home
parks. LDR-23-05 corrects some inconsistencies.
Mr. Barritt moved to hold a public hearing on the proposed LDR amendments on 20 November,
2023, at 7:00 p.m. Mr. Chalnick seconded. Motion passed 4-0.
8. Discuss the process to fill the vacancy on the City Council:
Ms. Emery said Council Chair Riehle wants to fill the vacancy as soon as possible because of
upcoming budget discussions. She suggested having a subcommittee review applications and
bring forward a candidate for the Council to consider. She suggested a date for Council review
of 30 October which would allow the new Council members to participate in the 16 November
special meeting. Ms. Baker added that the new member could also participate in the Steering
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Committee meeting on 2 November. She said the opening can be posted on the City's website
and on-line advertising for The Other Paper as well as Front Porch Forum and other outlets.
Mr. Chalnick and Ms. Emery agreed to serve as a subcommittee and to schedule interviews for
10/25 through 10/27. Nominations should be received by Ms. Baker by 24 October.
Ms. Sirvis requested that the person chosen not live in the Southeast Quadrant.
9. Receive the FY24 Policy Priorities and Strategies Report#1:
Mr. Chalnick asked if the sidewalk item is for this coming budget. Ms. Baker said it is.
Ms. Baker noted that one of the challenges for this quarter is that they have been down 2
department heads and an attorney.
Mr. Barnes asked if there is any indication about the new dispatch system. Chief Locke said it is
meeting and exceeding expectations. It results in quicker deployment of the Air Guard. It also
addresses quality of life issues as overnight bells now go off only the station involved in the
incident. Mr. Barnes asked if this might mean they want to roll it out more. Chief Locke said it's
a bit early to say, and he would want to discuss that with Chief Burke.
10. Discuss if the city should explore putting in place ordinance language, staffing, and
materials to implement an intermittent winter parking ban and provide direction
to staff:
Ms. Baker said the City gets this request from time to time. It seems simple, but it is an
incredibly "heavy lift" with regard to capital expenses and enforcement. The city has 400 miles
of road, and they would have to be signed appropriately in order for cars to be towed. There is
no traffic enforcement on staff at this time, and the question is whether the city wants "badges
and guns" enforcing such an ordinance.
Mr. Barritt asked how many cars get towed. Ms. Baker said just a few and only during major
snowstorms. Mr. Barritt then said that if only a few people have a problem, maybe that's what
the Council should address.
Members agreed it made no sense to change the current policy.
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11. Convene as South Burlington Liquor Control Commission to consider the following:
Delta House by Marriott Burlington, First Class Hotel; Delta House Hotels by
Marriott Burlington,Third Class Hotel
Mr. Barritt moved that the Council convene as Liquor Control Commission. Mr. Barnes
seconded. Motion passed 4-0.
Mr. Barritt moved to approve the First Class Hotel and Third Class Hotel permits for Delta House
by Marriott Burlington, as presented. Mr. Barnes seconded. Motion passed 4-0.
Mr. Barritt moved that the Commission reconvene as City Council. Mr. Chalnick seconded.
Motion passed 4-0.
12. Other Business:
No other business was presented.
13. Consider entering into executive session for the purposes of discussion pending
litigation to which the City is a party:
Mr. Barritt moved that the Council make a finding that premature general public knowledge of
confidential attorney-client communications relating to pending litigation to which the City is a
party could place the public body at a substantial disadvantage. Mr. Chalnick seconded. Motion
passed 4-0.
Mr. Barritt then moved that the Council enter into executive session for the purpose of
discussing pending litigation to which the City is a party and inviting into the session Ms. Baker,
Chief Locke and Mr. McNeill. Mr. Chalnick seconded. Motion passed 4-0. The Council entered
into executive session at 9:26 p.m.
As there was no further business to come before the Council Mr. Barritt moved to adjourn.
Mr. Chalnick seconded. Motion passed unanimously. The meeting was adjourned at 9:50
p.m.
Clerk