MINUTES SUBJECT TO CORRECTION BY BURLINGTON CITY COUNCIL. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE CITY COUNCIL.

BURLINGTON CITY COUNCIL

 

CONTOIS AUDITORIUM, CITY HALL

BURLINGTON, VERMONT

MINUTES OF MEETING

August 10, 2015

                                                                                                                 DRAFT

MEMBERS PRESENT:          Jane Knodell (Council President) – Central District

Selene Colburn – East District

Joan Shannon – South District

Sharon Foley Bushor – Ward 1

Max Tracy – Ward 2

Sara Giannoni – Ward 3

Kurt Wright – Ward 4

William “Chip” Mason – Ward 5

Karen Paul – Ward 6

Tom Ayres – Ward 7

Adam Roof – Ward 8

 

MEMBERS ABSENT:             David Hartnett – North District

 

ADMINISTRATION:               Miro Weinberger, Mayor

                                                Eugene Bergman, Assistant City Attorney

                                                Bob Rusten, CAO

                                                Rich Goodwin, ACAO

                                                Brian Lowe, Special Projects Coordinator

                                                Amy Bovee, Executive Secretary Clerk/Treasurer Office

                                                Lori Olberg, Licensing, Voting & Records Coordinator

                                                Mike Kanarick, Assistant to the Mayor for Operations & Communications

                                                Jen Kaulius, Executive Secretary

                                                Chapin Spencer, DPW Director

                                                Scott Gustin, Planning & Zoning

                                                Nate Wildfire, CEDO

                                                Diane Colangelo, CEDO

                                                Jesse Bridges, Parks and Recreation Director

 

OTHERS PRESENT:              Ron Redmond, Church Street Marketplace (CSM)

                                                Jeff Nick, CSM Commission

                                                Austin Hart, DRB

                                                Jeff Padgett, DPW Commission

                                                Charles Norris-Brown, South End Alliance

                                                Charles Simpson, Ward 6

                                                Carolyn Bates, Ward 5

                                                Genese Grill, South End Alliance

                                                Jessica Hyman, Vermont Community Garden Network

                                                Ron Ruloff, Ward 3

                                                Stephen Conant, South End

                                                Lauren Pyatt, Ward 2

                                                Barbara Hedrick, Ward 6

                                                Caryn Long, South End

                                                James Lockridge, South End

                                                Ednar Abelix, South End

                                                Thomas Gustafson, UVM

                                                Annie Stevens, UVM

                                                Kelly Devine, BBA

                                                Andrew Hill, Desman Associates

 

 
 

 

 

 

[Note: Minutes reflect the order of the published agenda.]

 

1.0       CALL TO ORDER and AGENDA

Council President Knodell called the meeting to order at 7:19 PM on August 10, 2015 and led the assemblage in the Pledge of Allegiance.

            1.01 Agenda

            MOTION by Councilor Coburn, SECOND by Councilor Bushor, to    approve the agenda with the following amendments with regard to the items     listed and to take the action indicated:

·         Note update to Item 4.02 Communication: Accountability List-numbering.

·         Item 4.03 Communication: James T. Strouse re: VPIC - waive the reading, accept the communication, place on file and refer to Board of Finance.

·         Item 4.23 Communication: Paul Dettman re: Follow Up of 6/15 communication.

·         Item 5.01 Appointment: CCRPC Alternate – postpone to September 21, 2015 City Council meeting.

·         Note map for Item 5.10 Ordinance: ZA #15-04.

·         Note additional document for Item 5.11 Ordinance: ZA #15-06.

·         Note correct title for Item 5.14 “Downtown Burlington Parking and Transportation Initiative” Executive Summary.

·         Note presenters for Item 5.15: New Moran Team of Tad Cooke, Erick Crockenberg and Charlie Tipper.

                        DISCUSSION: Councilor Bushor amended the title of the resolution in Item 4.22 (Municipal Parking Garage Repairs - Phase 1) to read: “Authorization to Executive the Contract with Structural                              Preservation Systems, LLC and Create a Capital Budget and Contingency Funds to Complete the Municipal Parking Garage Repairs Phase 1”

            VOTING: unanimous; motion carried.

 

Ben Wood Lewis

Councilor Shannon read words of remembrance for Ben Wood Lewis and the positive impression he made on everyone and his love of life. City Council held a moment of silence in memory of Ben Wood Lewis.

 

2.0       ANNUAL REPORTS

            2.01 Airport Commission

            It was noted the Chair of the Airport Commission was unavailable to present the   annual report at this time.

 

            MOTION by Councilor Wright, SECOND by Councilor Bushor, to postpone the Airport Commission annual report. VOTING: unanimous; motion carried.

 

            2.02 Church Street Marketplace Commission

            Ron Redmond, Church Street Marketplace (CSM), and Jeff Nick, Chair of CSM   Commission were in attendance. The following was mentioned/discussed:

·         Councilor Bushor commented the annual report was very informative and gave clear direction on the challenges and the steps taken to address matters.

·         Ron Redmond stated the Street Outreach Report is complete and City Council is urged to hear the presentation that speaks to the challenges faced by CSM.

·         Councilor Colburn mentioned the new process of licensing street performers and vetting concerns. Ron Redmond briefly explained the vetting process implemented in April, noting there is now a “Young Performers” permit               and a “Traveling” permit. The objective is to try to create opportunities and have performers return.

·         Councilor Shannon commented the smoking ordinance appears to be working. Ron Redmond said people have been civil and do want to comply. Jeff Nick added increased smoking on the side streets is not as much as                 was anticipated.

·         Jeff Nick reported the top block of the marketplace is fully occupied and there is 98% occupancy (only one vacancy) in the marketplace. Staff is watching South Burlington’s plans for a city center and changes to the                         University Mall to become a life style center. CSM staff is phenomenal and very responsive to the competition.

 

            2.03 Development Review Board

            Austin Hart, DRB Chair, thanked City Council for the time and effort put into the appointment process that has resulted in continued appointment of good members.

 

            2.04 Public Works Commission

            Chapin Spencer, Public Works Director, and Jeff Padgett, Public Works Commission Chair, were in attendance. The following was mentioned/discussed:

·         Councilor Bushor asked if the Public Works Commission discussed parking structure and how to maintain and sustain the garages. Jeff Padgett explained a significant effort goes toward planning to ensure the garages                      exist and continue to exist. Chapin Spencer added there has been discussion with City Council about financing approaches and strategies to invest in the three municipal parking garages downtown.

·         Councilor Bushor asked about funding options and the position of the Public Works Commission. Chapin Spencer mentioned the presentation to City Council of a suite of rate and policy changes (Appendix C of the city                     ordinance) and the approval by City Council of the first $1 million in investment of the $9 million in deferred capital the garages need. The FY2016 Work Plan was adopted by the Public Works Commission and will be used to             measure performance of the department as well as of the commission for the coming year. Parking is included.

·         Council Shannon asked about resurfacing existing sidewalks and how people alert Public Works to a problem. Jeff Padgett said there is an inventory of sidewalks and roads in the city with a rating and ranking. People                       should contact the Engineering Division of Public Works or contact the Chair of the Public Works Commission if there is a problem sidewalk or road. Chapin Spencer added a city-wide assessment of sidewalks is complete               and being fact checked before release.  A multi-year projection will be provided to City Council as a communication to the full council.

 

3.0       PUBLIC FORUM

Public Forum commenced at 7:35 PM.

 

PUBLIC COMMENTS

Ø  Charles Norris-Brown, South End Alliance, said issues were raised about zoning amendment ZA#15-06 pertaining to performing arts centers and the understanding was there would be additional opportunity for public input, but now the           matter is on the agenda. Mr. Norris-Brown urged finding a better way to let people know the issues clearly in the public process.

Ø  Charles Simpson, Save Our Space, mentioned his book on artist housing in Manhattan, and suggested if the city is interested in sustaining the arts then the zoning that keeps out the competition (housing) must be sustained.

Ø  Carolyn Bates, South End Alliance, spoke about housing in Burlington in the 1800s where people walked to work or had their business in their home, and questioned changing what has been going on for the past 400 years in the                     Enterprise Zone by putting in housing.

Ø  Genese Grill, South End Alliance, read and submitted a petition in support of preserving industrial zoning in the South End Arts & Enterprise District to avoid significant loss to the city.

Ø  Jessica Hyman, Vermont Community Gardens Network, spoke in favor of zoning amendment ZA #15-07 and waiver of some fees if a developer builds or maintains urban community gardens. Ms. Hyman spoke of the positive                         experience people have with community gardens (more than just growing food).

Ø  Ron Ruloff, Cathedral Square, stated approval of more bars is not progress and if housing is being added then jobs need to be added to pay for rent and the new housing. Affordable housing is not affordable and is subsidized by the               taxpayers.  Mr. Ruloff warned the system cannot continue as is and will collapse down the road.

Ø  Stephen Conant, South End, briefly explained how his successful business expanded from a garage to the site on Pine Street and stressed industry is vibrant in the south end. Maker’s space is creating entrepreneurial opportunity.                 Industrial space is needed for businesses to grow or to move into in the south end. Changes should not be made in the near term that will undermine progress in the industrial future in Burlington.

Ø  Lauren Pyatt, Ward 2, introduced herself and mentioned her application for the fence viewer position.

Ø  Barb Hedrick, South Prospect Street, requested City Council reject proposed zoning amendment #15-02 because the amendment deletes adverse and cumulative impacts and excessively streamlines the public review process that               protects neighbors and neighborhoods. DRB review and public comment period must continue so people can share concerns and avoid having too tight a developer relationships with the planning commission and DRB.

 

There were no further comments and Public Forum was closed at 7:55 PM.

 

4.0       CONSENT AGENDA

            4.01 PROCEDURAL:                        Amend/Adopt Consent Agenda and Take Action(s)                                                                         as Indicated

            4.02 COMMUNICATION:                 Accountability List

            4.03 COMMUNICATION:                 James T. Strouse, Chairman, BERS re: VPIC

            4.04 COMMUNICATION:                 Linda Chagnon, Member, BRV re: Resignation

            4.05 COMMUNICATION:                 Pauline Liese re: Uber

            4.06 COMMUNICATION:                 For Information Only documents

            4.07 REPORT:                                  FY2015 Annual Report City of Burlington-Chittenden County Regional Planning Commission

            4.08 SPECIAL EVENT PERMIT (one day):            Burton

            4.09 SPECIAL EVENT PERMIT (one day):            Arts Riot

            4.10 SPECIAL EVENT PERMIT (two days):          Arts Riot

            4.11 RESOLUTION:                        Sale of Surplus Fire Department Equipment

            4.12 RESOLUTION:                        Elimination of Institutions and Human Resources Policy Committee, Reassignment of Duties, and Creation of Human Resources

            4.13 RESOLUTION:                        Purchase Police Vehicle with General Police Budget Funds and Impact Fees

            4.14 RESOLUTION:                        Ratify Past Payments and Execute Contract Amendment with Global Industrial Services, Inc. for Janitorial Services at Airport on Month-to-Month Basis

            4.15 RESOLUTION:                        Approve First Phase of Reorganization of Public Works Engineering Work Group

            4.16 RESOLUTION:                        Reclassify Chief Operator Water Treatment Plant – PublicWorks Department

            4.17 RESOLUTION:                        Agreement with The Standard as FY2016-17 and AD&D Insurance Program Administrator/Provider

            4.18 RESOLUTION:                        Reclassify Fletcher Free Library Development Coordinator

            4.19 RESOLUTION:                        Create Limited Service Full Time Fire Alarm Technician – Fire Department

            4.20 RESOLUTION:                        Reorganization – Parks and Recreation Department - Title Change to Director of Recreation Services, Reclassify Assistant Superintendent of Recreation, Eliminate                                                                                                                                            Recreation Site Coordinator, Create Event Planner Position

            4.21 RESOLUTION:                        Approve Lease and Corrective Quit Claim Deed for COTS Project at 95 North Avenue

            4.22 RESOLUTION:                        Authorize Contract with Structural Preservation Systems, Create Capital Budget and Contingency Funds to Complete Parking Garage Repairs Phase 1

            4.23 COMMUNICATION:                Paul Dettman, Executive Director, BHA re: Follow Up to 6/15 CC Communication

 

MOTION by Councilor Colburn, SECOND by Councilor Roof, to accept the consent agenda (Items 4.01-4.23) as amended earlier in the meeting,  waive the reading, accept the communications, take the action(s) indicated and place the item(s) on file. VOTING: unanimous; motion carried.

 

5.0       DELIBERATIVE AGENDA

            5.01 Appointment: Chittenden County Regional Planning Commission Alternate

            Postponed to the September 21, 2015 meeting.

 

            5.02 Appointment: Chittenden Solid Waste District Alternate

            MOTION by Councilor Bushor to nominate Laurie Adams.

            MOTION by Councilor Colburn to nominate Justine Sears.

                        DISCUSSION:

·         Councilor Bushor stated Laurie Adams is a city employee. The alternate should be a city employee so budgetary decisions can be made and to be accountable to the city. City employees have                 more in depth knowledge of the issues that may arise.

·         Councilor Colburn said Justine Sears brings a wide breath of experience to the position and an important outside eye.

            VOTING:  appointment of Laurie Adams received 7 aye votes and       appointment of Justine Sears received 4 aye votes.

 

            Laurie Adams is appointed as CSWD Alternate for a term that expires 5/31/16.

 

            5.03 Appointment: Fence Viewer

            MOTION by Max Tracy to nominate Lauren Pyatt. There were no other nominations. 

VOTING: unanimous; motion carried.

 

            Lauren Pyatt is appointed fence viewer for a term that expires June 30, 2016.

 

            President Knodell recessed the meeting at 8:08 PM for the City Council Meeting Mayor Presiding. The regular City Council meeting resumed at 8:11 PM.

 

            5.04 Indoor Entertainment Permit Application (2015-2016): Drifter’s

            MOTION by Councilor Ayres, SECOND by Councilor Roof, to approve the   Indoor Entertainment Permit Application 2015-2016 for Drifter’s. VOTING:    unanimous; motion carried.

 

            5.05 Indoor Entertainment Permit Application (2015-2016): Half Lounge

            MOTION by Councilor Ayres, SECOND by Councilor Roof, to approve the   Indoor Entertainment Permit Application 2015-2016 for Half Lounge.    VOTING: unanimous; motion carried.

 

            5.06 Communication: Thomas Gustafson, Vice President for University Relations and Administration, UVM re: City of Burlington and University of Vermont Memorandum of Agreement relative to 2009 Zoning Amendments

            Tom Gustafson, VP University Relations & Administration, and Annie Stevens, Vice Provost of Student Affairs, were in attendance. Mr. Gustafson and Ms.Stevens recognized the positive interdependent relationship between UVM and the City             of Burlington. The following was highlighted:

·         Since the housing agreement was signed UVM has added 560 student beds on campus (Redstone lofts, McCauley Hall). Student population has decreased by approximately 400 students and enrollment is expected to                     remain at that level.

·         UVM houses more students on campus with stricter requirements than most public universities across the country. Juniors and seniors want to live off campus and in downtown Burlington, but an increase in those wanting               to live on  campus is being seen likely due to upgrade of the residential halls. The “shoebox” dorms have been removed and the new structure will house 700 additional students on campus in the fall of 2017.

·         Housing at Quarry Hill is attractive housing for students.

·         A survey showed (55% response rate to the survey) there is a maximum of 2800 students living in Burlington, at home, at Redstone Lofts, or in apartments. The actual number is likely closer to 2200 students. The housing               master plan (looking out 15-20 years) includes additional housing on campus, grad student housing, and faculty/staff housing. UVM is meeting the plan one step at a time.

·         UVM is investing in neighborhood revitalization along with Champlain College, the city, and Preservation Burlington to hire a consultant to look at options. UVM pays Burlington $1.2 million for fire services and city priorities                 and $100,000 for additional police patrols in neighborhoods. The mapping group is looking at problem properties and addressing problems. Calls for service to problem units have decreased, specifically for noise, because               UVM has worked with the students. There has been an increase in officer initiated calls because there is increased police presence. There has been an increase in alcohol violations due to the increased police presence.                 The enforcement is positive. UVM has a policy of follow up with students in a disciplinary perspective. Violations off campus are documented and follow up with the student occurs to outline expectations for them as                           university citizens. Recidivism is 3%-5% so the process is effective.

 

            There was continued discussion of the need to create more housing for students (not by converting student lounges to dorm rooms or making double dorm rooms into triple dorm rooms) and offering housing that is affordable. Annie Stevens      commented:

·         UVM wants the residence halls to be affordable and comparable to the market place, and is working to make areas more accessible and alleviate crowding in the dorms.

·         Students start by living on campus and then want to be more independent and move to an apartment though more juniors and seniors are staying on campus perhaps due to the programs being offered. Freshman housing                is at the core of the campus with sophomores, juniors and seniors farther out (Redstone, Trinity).

·         One strategy to improve the situation of students dominating a neighborhood is to offer quality housing on campus so more students will stay on campus. UVM has a high percentage of students on campus, and is looking               at technological approaches to help get better, more reliable data on where students live off campus.

 

            MOTION by Councilor Shannon, SECOND by Councilor Colburn, to waive the reading, accept the communication, and refer the matter to the CD Committee.

                        DISCUSSION: Councilor Shannon requested the CD Committee probe deeper into knowing where students live and the cost and square footage of UVM housing compared to the market in                                       Burlington to better understand the cost drivers to move off campus. Other colleges house juniors and seniors on campus (St. Mike’s, Middlebury). Also, explanation is needed as to why students with                                  violations are not always identified and addressed. There were no further comments.

            VOTING: unanimous; motion carried.

 

            5.07 Public Hearing: Comprehensive Development Ordinances – ZA#14-08,          ZA#15-02, ZA#15-04, ZA#15-06, ZA#15-07

            Scott Gustin, Planning & Zoning, briefly reviewed the proposed zoning      amendments:

·         ZA#14-08 – reinserts the word “may” into the text.

·         ZA#15-02 – modifies some of the criteria for conditional use and makes a distinction between major and minor PUD. Projects requiring inclusionary housing go to the DRB. Parking management criteria goes to the DRB.                   Subdivision and PUD go to the DRB.

·         ZA#15-04 – sets a 15’ setback between the downtown transition and abutting residential zone. The same occurs between neighborhood activity centers and abutting residential as well as between enterprise and abutting                 residential so there is a buffer between intense development and less intense development.

·         ZA#15-06 – allows performing arts centers as conditional uses in the enterprise zone, specifically Pine Street in the south end.

·         ZA#15-07 – provides an incentive for urban gardens as part of a development by waiving the parks impact fee up to the value of the garden.

 

            The public hearing on the zoning amendments was opened at 8:51 PM.

 

            PUBLIC COMMENTS

Ø  Charles Norris-Brown mentioned the memo from David White, dated July 22, 2015, regarding reasons why ZA#15-06 (performing arts centers) was tabled at the planning commission meeting and asked if the issues have               been addressed.

Ø  Barbara Hedrick expressed concern ZA#15-02 deletes consideration of adverse impacts. Public feedback is needed before proceeding with the zoning change.

Ø  Carolyn Bates echoed the comment about getting public comment, especially on ZA#15-02.

Ø  Karen Long urged using Front Porch Forum to notify and inform people on the proposed zoning changes.

Ø  James Lockridge stated performance, art, and cultural sharing happens on many levels of scale and City Council should keep an open mind on what Burlington offers for performing arts before identifying a performing arts               center location in order to include those aspiring in the arts.

Ø  Ednar Abelix spoke of trying to understand what the change means with regard to the enterprise zone and asked to be invited into the process.

 

            There were no further comments. The public hearing was closed at 8:59 PM.

 

            5.08 Ordinance: Comprehensive Development Ordinance – Urban Agriculture (ZA#14-08)

            MOTION by Councilor Mason, SECOND by Councilor Bushor, to suspend the rules for the first and second reading and place the amendment in all stages of adoption with the recommendation to adopt.

                        DISCUSSION: Councilor Mason noted inserting the word “may” to correct a technical error was in the amendment that was passed bY the ordinance committee.

            VOTING: unanimous; motion carried.

 

            5.09 Ordinance: Comprehensive Development Ordinance – Conditional Use, Inclusionary and Replacement Housing, Planned Unit Development (ZA#15-02)

            MOTION by Councilor Mason, SECOND by Councilor Bushor, to waive the second reading and adopt the ordinance.

                        DISCUSSION: There was acknowledgement that the amendment is complicated and confusing and opportunity for public comment on projects should not be limited. It was emphasized the zoning change                                 does not remove projects from the DRB process, just removes them as conditional uses because they are not conditional uses.

                MOTION TO POSTPONE by Councilor Wright, SECOND by Councilor Giannoni, to the second meeting in September (9/21/15) to allow more public input. VOTING: 3 ayes, 8 nays (Knodell, Bushor, Shannon,                                     Ayres, Paul, Mason, Roof, Colburn); motion does not carry.

            VOTING on motion to adopt the ordinance: 10 ayes, one nay (Wright); motion carried.

 

            5.10 Ordinance: Comprehensive Development Ordinance – Downtown, Neighborhood Mixed Use & Enterprise Districts Setbacks Abutting Residential    Zone (ZA#15-04)

            MOTION by Councilor Mason, SECOND by Councilor Bushor, to waive the second reading and adopt the ordinance as presented.

                        DISCUSSION: Councilor Mason explained the change reflects the policy the ordinance committee wanted to put forth. Councilor Shannon asked about Table 4.4.3 Dimensional Standards and Density,                                                   Footnote #2 regarding exempting lots between the Enterprise Zone and Residential Zone. Scott Gustin said the footnote pertains to an existing property (lot) split over two districts in which case the                                                     setback does not apply. There were no further comments.

            VOTING: unanimous; motion carried.

 

            5.11 Ordinance: Comprehensive Development Ordinance – Performing Arts Centers in ELM Zone (ZA#15-06)

            MOTION by Councilor Mason, SECOND by Councilor Bushor, to waive the second reading and adopt the ordinance as presented.

                        DISCUSSION:  There was mention the zoning change is to try to find an acceptable solution to address concerns about Arts Riot that haS morphed into a thriving business. The limited ordinance design                                               addresses a particular business and if not adopted the business will likely shut down.  Apologies for not involving PlanBTV in the ordinance amendment.  There was also mention of thinking of a larger role of                                     performing arts centers in the enterprise zone to not limit what can be done there. The role and size of performing arts centers will be a relevant conversation for PlanBTV South End. The ordinance could be                                       expanded, changed, or modified as PlanBTV progresses and is ultimately adopted. Regarding the 5,000 s.f. size allowance, Pine Street is a primary transportation corridor and the size allowance reflects the existing                           built environment. Performing arts centers are allowed downtown and can serve food and alcohol. ELM Zone has restrictions so these were added as conditional uses. Councilor Bushor noted spot zoning is not                               allowed and pointed out the approach taken was to continue the operation of the business and delay the conversation of how the change fits with PlanBTV South End. Councilor Mason said the remarks will be                                 taken forward.

            VOTING: unanimous; motion carried.

 

            5.12 Ordinance: Comprehensive Development Ordinance – Community Gardens   Impact Fee Incentive & Off Site Improvements Impact Fee Inclusion (ZA#15-07)

            MOTION by Councilor Mason, SECOND by Councilor Bushor, to waive the second reading and adopt the ordinance as presented.

                        DISCUSSION: Councilor Bushor noted the requirement to keep a community garden in place was changed to five years.

            VOTING: unanimous; motion carried.

 

            5.13 Ordinance: Water – Meters

            MOTION by Councilor Mason, SECOND by Councilor Bushor to waive the second reading and adopt the ordinance as presented.

                        DISCUSSION: It was noted the change allows Public Works to replace a meter in order to ensure the fair water rate is being paid.

            VOTING: unanimous; motion carried.

 

            5.14 Presentation: Downtown Parking Study – Parking and Transportation Management District

            Members of the Parking Advisory Committee in attendance gave a presentation on the downtown parking project which has been a public/private collaboration. The following was noted:

·         Public engagement has been done over the past two years. Comments heard were of parking difficulty, unfriendly experience, and the garages in disrepair.

·         Investment of $9 million in the garages is needed for a reasonable garage life and to include multiple modes of transportation. The parking plan will address the goals of having a vibrant downtown, providing great customer               service, and having a fiscally sustainable system. Progress is being made on the goals.

·         Data will be collected and analyzed and merged with best practices. The data show how existing parking is being used/underused and shows that people want way finding and communication of where available parking is                 located as well as options to driving.

·         The plan recommends using data, setting benchmarks, doing metrics, making corrections and reporting back to the public. With the plan there can be public/private collaboration. Stakeholders must be brought together.

·         The role of City Council is to adopt the plan and establish a public/private committee to provide guidance, oversight, policy and direction. Also, a Downtown Improvement District (DIT) needs to be incorporated to formalize                 the governing body to take the public/private partnership to the next level. The three year pilot period will allow working through the issues. The process is iterative. The area will be downtown and the waterfront.

·         Other studies underway include the residential parking plan and employee parking (TDM study) which dovetail with the downtown parking study.

·         Next steps include approval of the plan by the Parking Advisory Committee, zoning changes to complement the plan, implementation, and Go Burlington launch.

 

            There was discussion of the role of City Council with the downtown parking plan, the transportation demand management plan, and the residential parking plan. President Knodell requested for the next meeting the City Attorney prepare an                     analysis of the scope of the Public Works Commission and City Council in the area of residential parking policy. Councilor Tracy observed the downtown parking plan does not have a notion of privatization of public assets, but sets the      city               on a path to take care of assets. The city must invest in parking for it to work well.

 

            Feedback on the plan is welcome. The committee will be speaking to people and    holding stakeholder forums. Comments can also be posted on the ParkBurlington.com website, email link, Facebook page and Front Porch Forum.

 

            5.15 Communication: Nathan Wildfire, CEDO re: Update on New Moran

            Nate Wildfire commented on the innovative process with the public investment action plan for the Moran building as the only time an American city used a public process to allocate tax increment finance dollars in support of                                             infrastructure in the city downtown. The voters supported $9.6 million investment in the waterfront with $6.3 million in Moran.  Members of the New Moran team affirmed the city owned building managed by a private partner will be                                     financially self-sustaining and a cultural landmark housing three major building blocks with an active market hall on the first floor, convention space with 1,500 person capacity on the second floor, and shared public work space on the third floor             for mission driven businesses and nonprofits. The top floor will memorialize the building’s past and present. Cost estimate for the project is $33.7 million. Financing includes $6.3 TIF, historic and new market Federal tax credits, $540,000 tenant             fit up capital, $1.1 million low interest debt, and $11 million charitable campaign ($1.2 million in pledges and $650,000 in operating capital  raised to date). The 90’ tall building on the waterfront with great views of the lake and Adirondacks, open                 year round with great public space and space for businesses to develop is the opportunity for Vermont to again lead by example as was done with Church Street Marketplace and Shelburne Farms. There will be further discussion in Executive             Session and more information available in   September.

 

MOTION by Councilor Wright, SECOND by Councilor Bushor, to suspend the rules to complete agenda items 5.15, 5.16, 5.17, 5.18 and hold Executive Session, and eliminate items 6.0, 7.0, 8.0, 9.0, 10.0, 11.0. VOTING: unanimous; motion carried.

 

            5.16 Communication: Councilor Paul, DAPAC re: Update on BTC Redevelopment and Development Public Advisory Committee

            Councilor Paul updated City Council on the DAPAC process and committee membership. The charge of the committee is to be a liaison between City Council, the planning commission, and the development agreement process and ensure             effective public engagement. Devenwood Investors (owner of the mall) has made   the first payment to the city in support of the development agreement. The technical team reviewed the preliminary design plans from Devenwood. There                       have been changes based on public meetings. Elements in the plan include reactivation of Cherry and Bank Street, north-south connection of St. Paul and Pine Street, housing, and parking. It is hoped to have an agreement by first quarter                     2016. Invaluable help has been forthcoming from Nate Wildfire, Ken Braverman, and AmeriCorps Vista worker, Kamar Bell. The current site design for the mall is on the website. Interest has been expressed in being a partner in the                                 redevelopment of the mall.

 

            5.17 Communication: Jesse Bridges, Parks and Recreation Director re: Update on Burlington College

            Jesse Bridges updated City Council on the feedback from the public on the plan for the former Burlington College land. The feedback included a strong desire to preserve the site, having awareness of car oriented development and                                 impact on North Avenue, preserving the community gardens on the site, maintaining the north-west trail that connects the north end to the bike path, locating development closer to North Avenue, having sustainability at all levels, offering                       affordable housing, and conservation legacy fund.

 

            5.18 Communication: Bob Rusten, CAO re: Update on Collective Bargaining

            Bob Rusten reported there are tentative agreements with two bargaining units. Further details will be discussed in Executive Session.

 

EXECUTIVE SESSION

New Moran

MOTION by Councilor Paul, SECOND by Councilor Mason, to find that premature public knowledge of the city’s proposed contract with New Moran would clearly place City Council at substantial disadvantage because City Council risks disclosing its negotiating strategy if it discusses the proposed contract terms in public. VOTING: unanimous; motion carried.

 

MOTION by Councilor Paul, SECOND by Councilor Bushor, based on the finding of substantial disadvantage to discuss in Executive Session the city’s proposed contract with New Moran under the provisions of 1VSA313(A)(1)(a) of Vermont state statute, and to invite legal counsel, Mayor Weinberger, and staff as specified to attend. VOTING: unanimous; motion carried.

 

BTC Redevelopment/Development Public Advisory Committee

MOTION by Councilor Ayres, SECOND by Councilor Mason, to find that premature public knowledge of the city’s proposed contract negotiation strategy with BTC would clearly place City Council at substantial disadvantage, and further, based on the finding of substantial disadvantage to discuss in  Executive Session the city’s contract negotiation strategy with BTC under the provisions of 1VSA313 of Vermont state statute, and to invite legal counsel, Mayor Weinberger, and staff as specified to attend. VOTING: unanimous; motion carried.

 

Real Estate Purchase (Burlington College)

MOTION by Councilor Ayres, SECOND by Councilor Wright, to find that premature public knowledge of the city’s real estate purchase on North Avenue (land formerly owned by Burlington College) would clearly place City Council at substantial disadvantage, and further, based on the finding of substantial disadvantage to discuss in  Executive Session the city’s real estate purchase under the provisions of 1VSA313 of Vermont state statute, and to invite legal counsel, Mayor Weinberger, and staff as specified to attend. VOTING: 9 ayes, 2 recusals (Knodell, Paul); motion carried.

 

Collective Bargaining

MOTION by Councilor Paul, SECOND by Councilor Shannon, to find that premature public knowledge of the city’s proposed union contract negotiation strategy would clearly place City Council at substantial disadvantage, and further, based on the finding of substantial disadvantage to discuss in Executive Session the city’s union contract negotiation strategy under the provisions of 1VSA313 of Vermont state statute, and to invite legal counsel, Mayor Weinberger, and staff as specified to attend. VOTING: unanimous; motion carried.

 

Executive Session was convened at 10:45 PM and adjourned at 12:07 AM.

 

ADJOURNMENT

With no further business and without objection the meeting was adjourned by City Council President Knodell at 12:07 AM.

 

RScty: MERiordan