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HomeMy WebLinkAboutMinutes - City Council - 04/20/2009CITY COUNCIL 20 APRIL 2009 The South Burlington City Council held a regular meeting on Monday, 21 April 2009, at 7:00 p.m., at Chamberlin School, 262 White Street. Members Present: M. Boucher, Chair; M. Emery, J. Knapp, F. Murray Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; P. Conner, Director of Planning & Zoning; Chief T. Whipple, Police Department; B. Searles, B. Worthen, G. Paris, B. McEwing, Burlington International Airport; P. Plumeau, C. Bolton, G. Maille, B. Suono, R. Hubbard, L, Bresee, Members of Rec Path Committee 1. Other Business & Announcements: No issues were raised. 2. Announcements & City Manager's Report: Ms. Emery: Suggested putting Front Page Forum on a future agenda. Mr. Hafter: Reminded members of the Special City Council meeting on 27 April at City Hall to continue discussion of the Police Station. A ceremony to present South Burlington with its "Tree City" award will take place on 22 April, 10:30 a.m., on the State House lawn. 3. Continue Interview with Candidates P. Plumeau and C. Bolton for Appointment to Burlington International Airport Commission: Mr. Bolton said that since the last meeting he had met with Bob McEwing at the Airport to get an understanding of the noise abatement program. He noted that there are 233 eligible properties, 123 of which have already been purchased by the Airport. Owners of another 57 have expressed the intention to move forward. Mr. Bolton felt the Airport had made an effort to administer the program fairly. Mr. Bolton felt that his real estate background would allow him to verify data in appraisals. He said he would make himself available to meet with homeowners individually at no cost to homeowners. Mr. Plumeau noted that the Airport is a critical element in the local economy and the city's quality of life. It has a major impact on many residents, especially in the Chamberlin School area, and this is not likely to change in the foreseeable future. Mr. Plumeau felt that the best thing the representative to the Commission can do is to insure that everything that can be done to make the process clear, understandable, etc., is done. He would report on every meeting to the City, either in The Other Paper or on the website. He felt that the South Burlington representative needs to push hard to be sure the city's issues are heard, and he would welcome the opportunity to do that. Mr. Plumeau said he was told that the Airport has been taking down houses without notifying neighbors, and he felt this should not happen. 4. Review Agreements between the City and Burlington International Airport: Mr. Hafter reviewed the history and noted that the City and Airport have reached an agreement on both noise and tax issues. Mr. Conner then reported on the noise issue. He said he has worked closely with the Airport and a company that monitors noise. The major question is the noise impact of removing homes on those homes which remain. The intent is that the noise should not increase. The following strategy has been determined: a noise monitoring program will be set up to take readings at 25 locations on one day before any noise abatement installations have been made. Similar readings would be taken after noise abatement efforts. There will also be a test of a "living wall," a natural sound barrier which will be put in place to test its effectiveness. Mr. Worthen said tests will be done by an independent sound engineer. A landscape architect will design the "living wall." This will all be done as soon as possible. The Airport will go to the DRB within the next month regarding a 12-foot high living wall to be placed on Airport Drive. They hope to have something up by the end of summer. Mr. Maille, a resident who has been working with the Airport on the noise issue, said he is still not convinced the 65 dbl line is where it should be. He felt the testing approach was sound, but he had some concerns with frequency of testing and duration of measurement. He wasn't sure it would come up with enough data to come to a valid conclusion. He cautioned about applying linear math to a logarithmic function and said this is not a direct multiplication. Mr. Murray asked Mr. Maille why he felt the 65 dbl line was not where it should be. Mr. Maille questioned the version of software that was used and the impact of weather on noise. Mr. Knapp asked who designated the 65 dbl line. Mr. Paris said they used the current standard to do the study. The FAA says this should be updated every 5 years. He did not believe that a different model would change the contour. The model being used was created for the FAA and is used by consultants for the FAA. Results are interpreted by private contractors. He said there is no evidence that this line will change significantly in the next few years. Nothing much has changed since 2006. Mr. Murray asked Mr. Searles if there is a protocol to record complaints by neighbors about noise. Mr. Searles said there is, and the city also shares information on noise complaints with the Airport. Mr. Murray asked if there is any follow-up. Mr. Searles said they look into a "middle of the night" noise complaint immediately and make it stop. Mr. Boucher said the question for the Council is whether the plan protects the neighborhood. He also asked whether the city can invoke "technical review" and hire its own sound engineer to review the test results. Mr. Knapp said his concern was with sampling, and he wanted someone to tell the city the right sampling and frequency that are being used. Other members agreed. Mr. Suono noted that sound varies tremendously based on wind direction/velocity. He said he walked on Myers Court the other day and noticed a tremendous difference in noise between homes, and this was not in the 65 dbl area. Mr. Boucher said he would like to approve this subject to an independent measurement for frequency/duration and to review data. Mr. Plumeau said that this should be done by a firm that specializes in airport noise measurement. Mr. Knapp moved to approve the noise plan subject to an independent measurement for frequency and duration and to review data. Mr. Murray seconded. Mr. Murray said he was reluctant to spend a lot of money just to wind up back in the same place. Ms. Emery said she wanted to see something more than a picture of a living wall. She wanted numbers related to effectiveness. Mr. Murray said a living wall may be the least intrusive alternative for the community. Mr. Boucher said he wants to see enough data so an expert would say it is valid, sufficient, and dependable data. Mr. Searles said he would be happy to work with someone representing the city. The vote on the motion was 3-1 with Mr. Murray opposing. Mr. Hafter then updated members and the public on the Airport tax issue. The question has arisen as to what happens to the value of a house when it is torn down. Traditionally, the city would then appraise only the land. However, in this case, the city has negotiated an agreement with the Airport where it will go back 2 years and pick up the value of homes the Airport tore down and add that value to how the Airport is taxed. The agreement is as follows: 1. Commercial Airport property (property lease out by the Airport): $12,115,000 value. 2. Homes the Airport has acquired: $9,905,000 value. 3. Airport property itself: $19,300,000 value. Total value: $41,327,000., resulting in $728,985 in taxes. When the Airport acquires any home, the value of that home will be added to category #3. The City also has a services agreement with the Airport under which the Airport pays $160,000 for storm water and $98,000 for other services. This results in a total payment to the City by the Airport of just under $1,000,000. Mr. Knapp moved to approve the tax agreement as evidenced by Steve Stitzel's memo and the acceptance e-mail from the Airport. Ms. Emery seconded. Motion passed unanimously. 5. Presentation from Rec Path Committee; Proposal for Minor Changes to Charge and Parks Use Ordinance: The Committee requested an addition to their mission statement to add the words: "...shared used paths, on-road facilities, hiking..." Ms. Emery moved to approve the above language to be added to the Rec Path Committee mission statement. Mr. Knapp seconded. Motion passed unanimously. The Committee also requested a change to the Rec Path rules which currently prohibits skateboards and horses from the paths and also eliminating rule #6 which covered by #5. Mr. Hafter said he saw no harm in being redundant. He recommended keeping the prohibition against horses as they could do a lot of damage. Committee members stressed that behavior is the key rather than regulation of classes of people. The Committee will come back with revised wording. Mr. Hubbard noted that on the west side of Spear St. there is a 6-foot rec path which is used by hundreds of people a day. There is no lane on the east side for cyclists to use on their way back. Mr. Hubbard also noted that the Spear St. corridor study recommended adding a bike lane on the east side. The Rec Path Committee has drafted a letter to the Council to make it clear that their highest priority is to focus on Spear St. They asked the Council to keep this in mind when considering the city's capital plan. 6. Update and Discussion of Sign Ordinance Compliance Issue: Mr. Conner reviewed the history, noting that the Sign Ordinance has been in effect for 35 years. It was substantially overhauled in 2002. As part of that revision, businesses were given a 7-year period to get all signs into compliance. As a result, many signs now meet the regulations that previously did not. In June of this year, that 7-year period will end, and any sign that is not in compliance will be illegal. Mr. Conner said that letters have been sent to the handful of companies that still have signs that are very much out of compliance. The Planning Department will be working with these businesses to get the signs into compliance. Mr. Conner also noted that there are quite a few signs that are just a bit out of compliance, especially with regard to setbacks and heights. He felt that in June, there will probably be requests to changes in the rules, extensions, etc. Mr. Boucher said that in his view the key is to be fair to all of those who have complied within the 7 year period. Members agreed. 7. Consideration of Approval of Cooperative Agreement with VTrans for SB STP-5200(18): Third Lane Interstate Access at Staples Plaza: Mr. Hafter said the agreement will allow the city to take over management of the project and to hire a project manager. South Burlington's share of the project is 5% (approximately $160,000). Mr. Knapp moved to approve the Cooperative Agreement with VTrans as presented. Ms. Emery seconded. Motion passed unanimously. 8. Consideration of Capital Equipment Refunding Notes for Public Works Highway Equipment & Storm Water Services: Mr. Hafter said the note is for 3 pieces of equipment. This is the third of a 5-year loan, and funds are in the budget. Mr. Knapp moved to approve the note and accompanying documents as presented. Ms. Emery seconded. Motion passed unanimously. 9. Consideration of 2008-09 Tax Penalty Waivers and Business Personal Property Tax Delinquencies: Mr. Hafter noted that the city began eliminating the Business Property Tax which was eventually phased out in 2001. There is now no way to collect this tax from those who were delinquent at that time as most of the businesses are no longer in existence. The total amount is $159,417. He asked to write off that amount. Mr. Knapp moved to approve the write-off of delinquent Business Property Taxes enumerated on the 6 April 2009 list. Ms. Emery seconded. Motion passed unanimously. 10. Review Development Review Board Agenda for Meeting of 21 April 2009: No issues were raised. 11. Review and Approve Minutes of 6 April 2009: Mr. Knapp moved to approve the Minutes of 6 April 2009 as written. Mr. Murray seconded. Motion passed unanimously. 12. Review and Approve Minutes of 7 April 2009: Members asked to include mention of the figure estimated for renovation of City Hall after the departure of the Police Department. This estimate was $2,500,000. Mr. Knapp moved to approve the Minutes of 7 April 2009 with the above addition. Ms. Emery seconded. Motion passed unanimously. 13. Consideration of Annual Entertainment Licenses for Sheraton Hotel & Conference Center (live music) and Special Entertainment Permit for Magic Hat Brewery, Grand Opening event on 16 May 2009, 11:30-6 p.m.: Mr. Hafter said both requests are in order. Mr. Murray moved to approve the Annual Entertainment licenses for Sheraton Hotel & Conference Center (live music) and the Special Entertainment Permit for Magic Hat Brewery for an event on 16 May 2009 as presented. Ms. Emery seconded. Motion passed unanimously. 14. Sign Disbursement Orders: Disbursement orders were signed. 15. Liquor Control Board: Ms. Emery moved that the Council adjourn and reconvene as Liquor Control Board. Mr. Murray seconded. Motion passed unanimously. Mr. Hafter presented liquor license renewal applications from the following: Mr. Hafter said all the applications were in order. Mr. Murray moved to approve the liquor license renewals as presented. Ms. Emery seconded. Motion passed unanimously. 16. Executive Session: Ms. Emery moved the Board adjourn and reconvene as City Council in Executive Session to discuss appointments and property acquisition and to resume regular session only for the purpose of adjournment. Mr. Knapp seconded. Motion passed unanimously. 17. Regular Session: The Council returned to regular session. Mr. Murray moved adjournment. Ms. Emery seconded. The motion passes unanimously. The meeting adjourned at 10:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 20 APRIL 2009 PAGE 7 14. Sign Disbursement Orders: Disbursement orders were signed. 15. Liquor Control Board: Ms. Emery moved that the Council adjourn and reconvene as Liquor Control Board. Mr. Murray seconded. Motion passed unanimously. Mr. Hafter presented liquor license renewal applications from the following: One Flight Up 1200 Airport Dr. Pizza Putt 1205 Airport Parkway Hooters 1705 Williston Rd. Sheraton Vermont 870 Williston Road M.T. Bellies Deli 340 Dorset St. Pulcinella’s 100 Dorset St. Magic Hat Brewery 5 Bartlett Bay Road Price Chopper #228 41 Hinesburg Road Mr. Hafter said all the applications were in order. Mr. Murray moved to approve the liquor license renewals as presented. Ms. Emery seconded. Motion passed unanimously. 16. Executive Session: Ms. Emery moved the Board adjourn and reconvene as City Council in Executive Session to discuss appointments and property acquisition and to resume regular session only for the purpose of adjournment. Mr. Knapp seconded. Motion passed unanimously. 17. Regular Session: The Council returned to regular session. Mr. Murray moved adjournment. Ms. Emery seconded. The motion passes unanimously. The meeting adjourned at 10:15pm. ____________________ Clerk