City Council

7 southburlington VERMONT MINUTES CITY COUNCIL 21 JULY 2025 The South Burlington City Council held a regular meeting on Monday, 21 July 2025, at 6: 30 p. m., in the Auditorium, 180 Market Street, and by Zoom. MEMBERS PRESENT: T. Barritt, Chair; E. Fitzgerald, L. Smith, A. Chalnick, A. Pugh ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeil, City Attorney; T. Rugh, Attorney; P. Conner, Director of Planning & Zoning; E. Quallen, Deputy Director of Capital Projects; W. Coleman, Ashley, J. Hustead, R. Doyle, R. Godard, J. Louisos, M. Mittag, L. Demarony, L. Robitaille, M. Baldwin, M. DaSilva, M. Farrington 1. Pledge of Allegiance: The Pledge of Allegiance was recited. 2. Instructions on exiting building in case of emergency and review of technology options: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 3. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 4. Comments and questions from the public not related to the agenda: Mr. Coleman said South Burlington is a city without speed limits. No one pays attention to the numbers, and there is no enforcement. Ms. Goddard spoke in favor of the city purchasing the Wheeler parcel. PAGE 1  5. Councilor Members' Reports on Committee Assignments and City Manager' s Report: Council members reported on meetings and events they had attended in recent weeks. Ms. Baker: City News has transitioned to the new platform and is now called South Burlington Bulletin Bidding is out on a number of projects. The bids on the Dog Park came in higher than budgeted and staff is now speaking with bidders. There will be a community survey regarding biking. There will be new banners in City Center. There are two more scheduled South Burlington Night Out events. 6. Consent Agenda: a. Consider and Sign Disbursements b. Approve the award of the .gov migration work for the South Burlington Police Department to SymQuest as presented and allocate up to $ 33, 000 or the General Funds unassigned fund for one- time implementation costs related to this project in fiscal year 2026 c. Accept permanent and temporary easements for the construction of the Dorset Street shared use path between Old Cross Road and Sadie Lane on parcels 0570- 01630, 0570- 01626, and 0570-01350 d. Approve Minutes from: 7 April 2025, 10 April 2025, 21 April 2015, 5 May 2025, 7 May 2025, 21 May 2015, 5, June 2015, 6 June 2015, 16 June 2025, and 18 June 2025 City Council meetings Mr. Chalnick moved to approve the Consent Agenda as presented. Ms. Fitzgerald seconded. Motion passed unanimously. NOTE: Agenda items were heard out of order due to time postings but will be recorded herein in Agenda order. 7. Receive and hold a first reading of LDR ( Land Development Regulations) 25- 01 to LDR- 25- 07 and OM ( Official Map) -25- 01 from the Planning Commission and warn a public hearing for 2 September 2025 at 7: 00 p. m.: CITY COUNCIL 21 JULY 2025 PAGE 2 Ms. Louisos reviewed the amendment process which began last fall. Mr. Conner noted that the Planning Commission has held its public hearing, and the Council can set its public hearing following this meeting. Mr. Conner said most of the amendments being presented relate to the Form Based Code ( FBC) area of the city and relate to the following: a. Adjusting door spacing and glazing b. Adjusting building breaks and facade design requirements, rooflines, glazing c. Improvement of pedestrian street types d. Credit for balconies e. Elective Master Plan for large properties Mr. Conner then showed representations of what the proposed changes could look like. Designations on the Official Map in the FBC area include: a. Dorset Street from Healthy Living to Williston Road to become T5 formerly T4) b. Area northwest of Hinesburg Road/ Market Street intersection to become T4 ( formerly T3) c. Area west and north of Double Tree on Williston Rd. to become T4 currently a high- scale mixed use) In addition, the minimum height in T5 has been increased from 2 to 3 stories, and the maximum height has been increased from 6 to 12 stories. In T4, the minimum remains 2 stories, but the maximum has been increased from 6 to 12 stories. Members were showed a concept of what this could look like. Mr. Conner noted that 20 buildings have already been built in the FBC area. The aim of the amendments is to ensure that there is a successful buildout. Ms. Louisos stressed that projects must still meet environmental protection standards. Mr. Chalnick said he did not feel it was appropriate to have a 12- story building adjacent to a habitat block. Mr. Conner said the Commission was looking at the long- term for the City and how to focus on future housing. The aim is to have thoughtful development where there is infrastructure in place. CITY COUNCIL 21 JULY 2025 PAGE 3 Ms. Pugh asked why not have 8 or 10 stories as the minimum or maximums. Ms. Louisos said the Commission did discuss that, and the Council is able to discuss that as well. She noted there was no public feedback on the number of stories. Mr. Conner added that the regulations require a" step back" after the 5th story. He added that the Commission got feedback that just a few stories above 6 stories wouldn' t be likely to happen because of costs. Mr. Chalnick asked the thinking behind the T4 changes. Ms. Louisos said they were in line with adjacent zoning. Mr. Conner noted that originally this was R- 12 zoning. He noted the 2 UVM properties and said UVM supports the proposed changes. Mr. Barritt said if the City wants a dense urban core, you have to go up. He cited the construction in downtown Burlington. Ms. Louisos noted that businesses will want to move into an area around a dense urban core. Mr. Smith added that going vertical is one option to meet housing requirements while maintaining open space. Mr. Chalnick said having 14 story buildings massed on Dorset Street seems too much to him. Changes in the Official Map ( all in the City Center area) include: a. Updating planned road locations b. Establishes levels of roads within the FBC c. Updates planned shared use path d. Updates connections around the planned bike/ ped bridge over 1- 89 Mr. Conner showed these changes on the map. Mr. Smith asked why Garden Street goes south between buildings and the stormwater pond. Mr. Conner said the answer predates him and involves a land swap which created that condition. Mr. Smith suggested making parking lot changes to avoid that condition. Mr. Smith said he would also like to see a" bubble" in the area across from City Hall for a public park. Ms. Baker said the Council directed staff to explore several options vs. " thou shall do" via a regulatory document. Mr. Barritt added that putting it on the map could weaken the city' s position. Mr. Conner then reviewed proposed changes to zoning district boundaries as follows: CITY COUNCIL 21 JULY 2025 PAGE 4  a. Joy Drive parcels: change from low- scale to high- scale mixed use to better reflect current uses and accommodates Rice High School b. West side of Spear Street across from Songbird which creates a remedy for an error Changes to the Table of Uses include: a. Consolidating commercial uses to reflect the impact on the community and on neighbors b. Includes a scale component for uses where they are appropriate Mr. Conner showed uses that would be regulated separately and also a chart to help someone picture where something could fit. The designation " facing commercial" replaces uses such as bank/ credit consumer union, shopping center, personal instruction studio, short-order and standard restaurant, retail sales, retail warehouse outlet, pet grooming, photocopying/ printing shops and personal/ business service. Supporting uses in Commercial area changes include: a. Updates to what is allowed in commercial areas to reflect " modern" businesses b. Allows temporary accommodations in a limited way to support commercial uses in the area ( allowed in mixed IC district and is capped by the number of allowable rooms and must be on the same lot as the business) The amendments also address bedrock removal. Minor amounts are exempt. There are now standards for bedrock removal and processing. The need for removal must be identified early in the process. There must be a plan for removal and processing that balances duration, level of noise, impact on the built environment, and cost. Ms. Louisos added that the DRB can weigh in and require a technical consultant/ evaluation. She noted there was a lot of public feedback on this item. Mr. Barritt thought it was a good first attempt and takes into account experiences that neighbors have had in the past. Mr. Conner explained a recent event in City Center where chipping was the best option. Mr. Chalnick said he supports having the Planning Commission go further with this. It currently doesn' t say what the standard is. CITY COUNCIL 21 JULY 2025 PAGE 5 Ms. Fitzgerald agreed with both Mr. Barritt and Mr. Chalnick and felt more discussion is needed. Mr. Conner then reviewed changes to the calculation of building heights as follows: a. Moves from using the average preconstruction grade to using the average finished grade b. Aligns standards with those in other codes c. Marginally increases maximum heights for most buildings d. Allows ADUs in accessory structures to be 2 stories Mr. Chalnick said he felt this could allow for much more height. Mr. Conner said a builder can' t " mound up" just to put a building up higher. He also noted examples where buildings had to be cut down to meet the regulations and did not look great. Ms. Louisos said the minor technical amendments relate to some corrections, alignment with laws, and clarifications. Ms. Baker cited the need to successfully build out the TIF District which will require building one new building each of the next 10 years. Mr. Doyle felt a lot of what is in the Official City Map makes it more difficult for 3 modes of transportation: pedestrians, bikes, vehicles. Ms. Fitzgerald said she would like to see how incorporating the commitment to denser housing includes dedicated green space. Mr. Chalnick said he is very uncomfortable with changes to the Double Tree property and with 12- story buildings from Healthy Living all the way to the Middle School. He would prefer to see 6 story maximums. Mr. Smith said he was comfortable with the LDRs but would like to have more discussion regarding the City Map. Ms. Pugh asked if they can move forward with one and wait on the other. Mr. Conner said some things are tied together; the text could point to something that doesn' t exist. He said the Council' s options are to advance both to public hearing or to give directions Planning Commission as to what the Council wants considered. to the He stressed that when a public hearing is warned, the amended regulations are in effect. Ms. Pugh then suggested making a decision until the next Council meeting. Ms. Smith was OK with a delay but not for an extended period of time. He still wanted to see the " bubble" for a city park opposite City Hall. Mr. Conner said he would like to CITY COUNCIL 21 JULY 2025 PAGE 6 get a legal opinion about that. Mr. Barritt said he was willing to wait till the next meeting. Members agreed to take no action. 8. Review and hold a First Reading of an update to the Nuisance Ordinance and warn a public hearing for 2 September 2025: Mr. McNeil noted that the language in the Ordinance mirrors the language in the updated LDRs. Mr. Chalnick said the language is very good, and hours are appropriate. He asked why jack- hammering is addressed in 2 places which could be confusing to people as to where to seek redress. Mr. McNeil said the intent was to eliminate that confusion. Mr. Conner said the argument to leave it in 2 places would be that the LDRs are the Ordinance would cover activities as of the date of adoption. Mr. prospective; Chalnick said if that' s the case, they should incorporate some other elements as well. Ms. Pugh asked if they could reference the standards in the yet to be approved LDRs. Mr. Smith said he is happy with this language; it speaks only to cases when bedrock can' t be removed. Mr. McNeil said if someone is in compliance with standards in the LDRs, it would be an uphill battle to say they are in violation. Mr. Chalnick said he would go with this. Mr. Doyle said there is a question as to whether a different location would be considered a second offense. He would like it to be. Mr. McNeil said it would be on a case- by- case basis. Mr. Chalnick moved to warn a second reading and public hearing on updates to the Nuisance Ordinance for 2 September 2025 at 7: 00 p. m. Mr. Smith seconded. Motion passed unanimously, 9. Receive an update on the Dorset Street Shared Use Path and potentially set a public hearing on necessity: Ms. Quallen showed a map of the project area. She noted the City has received a 661, 000 grant from the Vermont Agency of Transportation and also funds from Pennies for Paths. Construction is planned for next year. Ms. Quallen then reviewed the project history and noted they are now in the right- of- way acquisition phase. She reviewed the scoping study which evaluated alternatives and preferred the alternative on the east side of the road. There is also a CITY COUNCIL 21 JULY 2025 PAGE 7 recommendation for access management at the driveways. The City has also received environmental clearance from the State. There are still 3 properties remaining in the right- of-way process ( 9 have been completed). Ms. Quallen showed a map indicating the properties with completed rights- of- way. She asked if the Council wants to move forward into a condemnation hearing regarding the 3 remaining properties and suggested 29 September for that hearing. The Council would have to provide its report of its findings within 60 days. Property owners could use that time to accept an offer of compensation. Ms. Baker noted that would be a special meeting date. Ms. Quallen added that it would include a 5: 30 p. m. site walk. She said staff and the attorney will continue to negotiate with property owners. Mr. Barritt asked what decisions could be rendered by the Council. Mr. Rugh, the attorney handling this issue, said a condemnation hearing is required by the U. S. Constitution, and the Council would have to evaluate both the necessity for the project and the compensation due to each landowner. The Council could ask for testimony from the City Assessor on the land values. Mr. Rugh added that by warning the condemnation hearing, the process is being moved forward. If it is found that a deal is close, the hearing can be opened and continued. Mr. Smith moved to warn an examination of the premises and public hearing on necessity and compensation/ damages for the laying out of easements and relegated rights for the Dorset Street Shared Use Path project ( AP BP 19( 4)) on properties known as Parcels 6, 740 ( also known as numbered 1580, 1550, and 1520 Dorset Street) pursuant to 19 V. S. A. Chapter 7 on September 29, 2025, with the examination of the premises convening at 5: 30 p. m. proximate to the property known as 1580 Dorset Street ( Parcel 6) and the public hearing to follow at 6: 30 p. m. at City Hall, 180 Market Street in South Burlington, Vermont. Mr. Chalnick seconded the motion which passed unanimously. 10. Receive a recommendation on a Capital Assessment Fee for Fire expansion and possibly approve Resolution 2025- 15 related to such: Chief Locke said the fee would be charged to those who receive permits and registrations with the Fire Department Rental Registry. The money raised will allow for an addition to the fire station. The terms of the Resolution include: a. A 5% assessment on rental registry ( estimated cost $ 75. 00) b. A 5% surcharge on all non- construction permits ( estimated $ 9. 04 cost) c. 1% charge on construction permits ( there have been 600 issued since 2018, 89% of which have been below $ 1, 000, 000) with a cap of CITY COUNCIL 21 JULY 2025 PAGE 8  45, 000. The estimated fee on a$ 480, 000 home would be $ 250. 00; on an $ 18, 000, 000 project, the fee would be $ 1, 200. 00. It is estimated that this will generate $ 175, 000 a year to service the debt on the project. Mr. Barritt noted the charges would sunset paid for. It is estimated when the debt is the project would last 10 years but could sunset earlier if other sources of income were applied. Ms. Pugh asked what the cost would be with these fees and the fees passed at the last meeting. Mr. Chalnick moved to approve the capital assessment fee for fire expansion as presented. Mr. Smith seconded. Motion passed unanimously. 11. Discuss options for offering stipends for committee service and provide guidelines to staff: Ms. Baker directed attention to information provided on other communities and information from Ms. Pugh as to what the State does ($ 50. 00 per meeting). She also noted that this is not a budgeted item. She then raised the question of other appointments ( e. g., Airport Commission, CSWD) and how to fund this. She stressed that the names of recipients would show up on warrants/ public records requisitions. Mr. Barritt said he would like an " option in" element. Ms. Pugh preferred and " option out" choice. Mr. Smith said he would like to see something for people to consider when applying, like a box at the bottom of the page for a" yes" or " no" entry. Ms. Fitzgerald preferred an " opt- in" option as this is an unbudgeted pilot program. Mr. Chalnick didn' t feel a stipend should be easy to get. He liked the CCRPC form which related to having a " hardship" before a person gets a stipend. He felt that if 50. 00 is offered, people will take it. Ms. Fitzgerald said people should get paid only if they attend meetings. She liked the guard rails" in the Essex program. Ms. Pugh said she would like not to go with the " need" concept as some people may not wish to indicate their " need." Ms. Baker said staff will come back with a proposal that would include using up to 61, 000 of the fund balance. CITY COUNCIL 21 JULY 2025 PAGE 9 Mr. Doyle said he would like to see a limit so an affluent person would get a stipend, wording such as " Council recommends people over this limit not apply." 12. Appoint a Clerk of the City Council: Ms. Fitzgerald volunteered to serve as Clerk. Mr. Chalnick moved to appoint Elizabeth Fitzgerald as Clerk of the City Council. Mr. Smith seconded. Motion passed unanimously. 13. Receive an update on Committee vacancies and provide direction to staff: Ms. Baker noted there is one vacancy on the Energy, Sextons, and Economic Development Committees. There is also a need to replace Mr. Scanlan as alternate delegate to the Airport Commission and CCRPC. Mr. Barritt agreed to serve as Airport Commission alternate. Mr. Chalnick agreed to serve as CCRPC alternate. Members agreed to advertise committee openings in August and appoint members in September. Mr. Smith moved to appoint Mr. Barritt as alternate delegate to the Airport Commission and Mr. Chalnick as alternate to the CCRPC. Ms. Fitzgerald seconded. The motion passed unanimously. 14. Convene as Liquor Control Commission to consider the following applications for approval: a. Zen Gardens First/ Third Class Liquor Licenses Mr. Chalnick moved that the Council convene as Liquor Control Commission. Mr. Smith seconded. Motion passed unanimously. Mr. Chalnick moved to approve the First and Third Class Liquor Licenses for Zen Gardens as presented. Mr. Smith seconded. Motion passed unanimously. Mr. Chalnick moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. 15. Review the significant Agenda topics for the Council' s 4 August 2015 City Council meeting: Ms. Baker reviewed the Agenda topics as follows: CITY COUNCIL 21 JULY 2025 PAGE 10  a. The exit 14 Scoping Study, discuss and possibly approve b. Receive a request from the Housing Committee to amend the criteria for the Housing Trust Fund c. Consider an agreement between SB3C and the City d. Provide report on Transfer of Development Rights 16. Other Business: No other business was presented. 17. Proposed Executive Session: Consider entering executive session for the purpose of discussing confidential attorney-client communications made for the purpose of providing professional legal services to this body relating to settlement agreements ( 1 V. S. A. Section 3 313( a)( 1)( F): 18. Proposed Executive Session: Consider entering executive session, pursuant to 1 V. S. A. Section 313( a)( 3) for the purpose of discussing the appointment of a public officer, specifically the Chief of Police: Mr. Smith moved that the Council make a specific finding that premature general public knowledge of the Council' s discussion of confidential attorney- client communications made for the purpose of providing professional legal services to the Council, specifically relating to Settlement Agreements. And on the appointment of a public officer, specifically the Police Chief, clearly place the public body at a substantial disadvantage. Mr. Chalnick seconded. The motion passed unanimously. Mr. Smith then moved that the City Council enter into executive session, under 1 V. S. A. Section 313( a)( 1)( F) and ( a)( 3) for the purpose of discussing Confidential Attorney- Client communications made for the purpose of providing professional legal services to the Council and Appointment of a Public Officer, inviting into the session Ms. Baker, Chief Locke, Mr. Conner and Mr. McNeil. Mr. Chalnick seconded. Motion passed unanimously. The Council entered into executive session at 9: 52 p. m. Ms. Fitzgerald moved to exit executive session. Mr. Smith seconded. Motion passed unanimously. As there was no further business to come before the Council Mr. Smith moved to adjourn. Ms. Fitzgerald seconded. Motion passed unanimously. The meeting was adjourned at 10: 20 p. m. CITY COUNCIL 21 JULY 2025 PAGE 11 g7_.) 1X43i Clerk CITY COUNCIL 21 JULY 2025 PAGE 12