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HomeMy WebLinkAboutMinutes - City Council - 01/02/2024 southburlington VERMONT CITY COUNCIL January 2, 2024 The South Burlington City Council held a regular meeting on Tuesday, 2 January 2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, A. Chalnick, L. Kupferman ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeil, City Attorney; H. Rees, City Clerk; P. Conner, Director of Planning & Zoning; T. DiPietro, Director of Public Works; B. Sirvis, J. Spring, J. Louisos, L. Bailey, B. Milizia, B. Britt, M. Simoneau, M. Mittag, V. Bolduc, J. Nadeau, J. Duncan 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 changes were made to the Agenda. 3. Comments and questions from the public not related to the agenda: Mr. Spring expressed concern with people running red lights and accelerating through yellow lights on city streets. He suggested putting cameras in place, noting that this worked in Colorado. He felt this will become a serious hazard with more and more people living in City Center and walking across Dorset Street. 4. Announcements and City Manager's Report: Council members reported on recent meetings and events they had attended. PAGE 1 Ms. Baker: She and Ms. Blanchard met with the city's delegation regarding the TIF District. Two members of the delegation are interested in coming to the City Council in February regarding housing legislation. 5. Consent Agenda: a. Approve and Sign Disbursements b. Determine that the charter proposal to increase the number of School Board members to seven is too long or unwieldy to set out in amended form and approves the attached public hearings notice including a concise summary of the charter proposal Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Hold a Public Hearing on City Plan 2024: Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed unanimously. Mr. Conner noted that the present draft includes changes made by the Council. The second public hearing is scheduled for next Monday (8 January). Ms. Bailey cited the difference between "climate mitigation" and "climate resilience." She asked if there are plans to help people when there are climate issues. Mr. Barritt said as people's home heating systems fail and have to be replaced, it is a good time to replace a system with a heat pump. He noted that this provides heat as well as air conditioning. Mr. Mittag cited the need for a "growth management plan" with targets consistent with the City Plan. He said the city does not have good forward visibility and reacts when new proposals come to the DRB rather than planning ahead. Ms. Riehle said it makes sense but also noted the Council has to think about staffing for the city as the city grows. Mr. Bolduc said the hardest thing is to get control for population growth. He noted the intention to bring more refugees into the Colchester area. What you can't control for is births and deaths. Mr. Bolduc also noted one sentence in the Plan which troubles him: the statement that climate change is the "overriding" focus of the plan and should be the lens through which all decisions are made. He said there was not one person at the public input sessions who spoke in favor of this. CITY COUNCIL JANUARY 2, 2024 I PAGE 2 Mr. Simoneau said the city has to be able to adapt, even if there is a plan. He hoped this City Plan does not limit what is happening in the state. He said there is a reason people come to Chittenden County, and if there is resilient, sustainable growth, the city should look at it. He agreed with Mr. Bolduc regarding the "overriding" statement. He felt it could be used to reduce zoning except in "certain areas." He could foresee applications for housing being denied and discouraging events that might attract people who come in cars. He cited a letter to this effect from SBBA (South Burlington Business Association). Mr. Simoneau also felt the city should invite collaboration with its neighbors regarding the Climate Action Plan. He stressed that any action South Burlington takes will have minimal results unless it is in conjunction with neighbors. Mr. Simoneau also noted that at the time the Plan was passed by the Planning Commission, members of the public didn't include low-income people. They would see things through a different lens. He stressed the need to be sure everyone in the room is not only those who represent the status quo. Mr. Barritt cited the need to be sure what the Council does doesn't make things worse, and he felt the "overriding" sentence accomplishes that. He also cited recent successes including Beta, the new O'Brien development and hybrid Police cars. Mr. Chalnick said 71% of children are scared for the future, and they need to be given a sense of hope. Ms. Emery said those kids also want jobs, and both of those goals have to be met. Mr. Bolduc agreed with the steps the city is taking and that they should continue to do everything they can, but maybe not everything. Ms. Riehle said they have to look at everything through the lens of climate change. Mr. Bolduc said they shouldn't be looking through that lens as to whether to send out a fire truck or a police response. Ms. Emery said she understands Mr. Bolduc's point and suggested using the word "focus" Instead. Ms. Louisos said this was a big discussion at the Planning Commission. She agreed there are some decisions that may not require the lens of climate change, but the language seemed reasonable and important to put out there. Mr. Mittag said it is policy guidance, aspirational. He felt "focus" waters it down." Ms. Emery said the word "every" is the sticking point. CITY COUNCIL JANUARY 2, 2024 I PAGE 3 Mr. Conner suggested the Council consider this until the second public hearing, then make a decision. Ms. Emery then moved to continue the public hearing until 8 January 2024 at 6:30 p.m. 7. Discuss the Planning Commission's Municipal Plan Adoption Report: Mr. Chalnick said it is not clear to him how the plan considers the rate of growth, which is a requirement of State Statute. He cited the school situation. He also didn't understand how new residences in the city would reduce traffic. Ms. Louisos said that section of the plan is comparing current and proposed land use maps. The current map anticipates some development in the city. It also considers how other goals would affect traffic (e.g., walkability). Mr. Conner said the Report does speak to changes between the two plans, including areas with no development. On-site/nearby supporting services will also result in less travel to get to them. There is a goal to reduce vehicle travel by 2.3% a year. Members did not want the Commission to spend more time on the report. 8. Hold a necessity hearing to consider the construction of an additional Water Tower on Dorset Street and an anticipated Bond Vote on Town Meeting Day: Ms. Emery moved to open the necessity hearing. Mr. Barritt seconded. Motion passed unanimously. Mr. DiPietro said this is a required step toward the bond vote this year. The Council must find that the project is: a. In the public interest b. It is too great to pay for out of the annual income and revenue c. It is to incur public debt. Mr. DiPietro then provided a brief overview of the project including an explanation of how the water system/distribution works. He noted this will be a second water storage tank on Dorset Street. He showed the area that the water serves. He noted that it is now at 98% capacity being used, and the State required the city to address this. The proposed second tank will have the same capacity as the first. He showed a representation of what the 2 tanks will look like on the site. The project cost is $5,750,000. The city has received a $500.000 grant and is pursuing CITY COUNCIL JANUARY 2, 2024 I PAGE 4 other potential grants. The maximum annual cost to a water customer would be $38.66. Mr. DiPietro said design work is now being done. It is anticipated that they will go to bid this summer and begin construction in fall. The project will provide water for the city for the next 50 years and provide storage for an emergency. It will also allow for one tank to go off-line for cleaning. Mr. Barritt asked for an explanation of what happened on Christmas night. Mr. Duncan of CWD explained the routes of the water mains. A line broke at 7:17 p.m., possibly because of shifting due to all the rain. They were losing 5,000 gallons a minute. At 7:29, a high service pump cut out for reasons undetermined. That destabilized the system. When they identified the location of the break in the Town of Essex), work was done to repair it and get everyone back on line. Ms. Emery moved to close the hearing. Mr. Barritt seconded. Motion passed unanimously. 9. Consider and adopt a Necessity Resolution and Declaration of Intent on the need to bond for construction of an additional Water Tower on Dorset Street and consider placing the question on the Town Meeting 2024 ballot: Mr. Barritt moved to adopt the Resolution of Necessity for Capital Improvement. Ms. Emery seconded. Motion passed unanimously. Mr. Barritt moved to adopt the Declaration of Official Intent of the City of South Burlington to Reimburse Certain Expenditures from Proceeds of Indebtedness. Ms. Emery seconded. Motion passed unanimously. 10. First Reading of a complete update of the Municipal Code of Ordinances for form and consider setting a public hearing for February 5, 2024 at 7:00 p.m.: Ms. Baker noted this effort has been underway for a decade. She cited the work of former City Clerk Donna Kinville, current City Clerk Holly Reese, previous City Attorneys, and current City Attorney Colin McNeil. Mr. McNeil reviewed the history and said the goal was to modernize Ordinances for easy accessibility and easy updating. He cited the need to update the City CITY COUNCIL JANUARY 2, 2024 I PAGE 5 Charter and to remove former Councilor Barnes' name. Ordinances not included in this update are automatically repealed. Ms. Baker noted that organization work is being done by a group that does this nationwide. Mr. McNeil said the city gave them the Ordinances, and they organized, deleted duplicate language, and made them more user-friendly. There is now one penalty section, not a separate one with each ordinance. Mr. Chalnick asked if anything unusual was found that needed to be fixed. Mr. McNeil said some things are in the works (e.g., the Sign Ordinance will be significant rewrite). Some ordinances have not been looked at in a long time and will have to be reviewed to see if they need updating. The old Ordinance Books will be kept for historical purposes. Mr. Barritt moved to approve the First Reading of the Municipal Code of Ordinances and to set a public hearing for 5 February 2024 at 7:00 in accordance with the City Charter. Ms. Emery seconded. Motion passed unanimously. 11. Discuss the naming of Overlook Park: Ms. Baker noted the Underwood family's expectation when they transferred the property now named for Tom Hubbard to the city. The family has been a huge contributor to the city, including the land for Overlook Park. In discussions with the family, they indicated they would be pleased to have Overlook Park named for them. This would include an informational plaque. Staff would like to research this (for history and any conditions associated with the Park) and get back to the Council with a recommendation. Mr. Barritt suggested "Underwood Overlook Park." Members were OK with this process. Mr. Simoneau suggested the "overlook" at Hubbard Park as a better site. It has a gorgeous view and is accessible by bike and pedestrians. Mr. Mittag felt the city should honor its first intention and rename Hubbard Park for the Underwoods. 12. Approve the City Manager's annual evaluation process: Members were OK with the form and saw no reason to change it. Mr. Baker reviewed the schedule and said there will be on-line forms to fill out. CITY COUNCIL JANUARY 2, 2024 I PAGE 6 13. Convene as South Burlington Liquor Control Commission to consider: 802 Cocktails, LLC, First Class Commercial Caterer & 3rd Class Commercial Kitchen; Applebee's First Class & 3rd Class Restaurant/Bar; Cheese & Wine Traders, 2nd Class License; Copper at Dorset, First Class & 3rd Class Restaurant/Bar; Target Store #T-3306, 2nd Class License: Ms. Emery moved the Council convene as Liquor Control Commission. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to approve the Liquor Licenses as presented. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved the Commission reconvene as City Council. Mr. Barritt seconded. Motion passed unanimously. 14. Other Business: No other business was presented. As there was no further business to come before the Council Mr. Kupferman moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 8:40 p.m. Clerk CITY COUNCIL JANUARY 2, 2024 PAGE 7