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HomeMy WebLinkAboutMinutes - City Council - 02/17/2009CITY COUNCIL 17 FEBRUARY 2009 The South Burlington City Council held a regular meeting on Tuesday, 17 February 2009, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: C. Smith, Chair; S. Magowan, M. Boucher, S. Dooley, M. Emery Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; P. Conner, Director of Planning & Zoning; D. Kinville, City Clerk; T. Hubbard, Recreation Department; Rep. A. Audette; B. Worthen, B. McEwing, Burlington International Airport; L. Bresee, D. Jacobowitz, J. Clemens, S. LeMay, L. Leavins, G. Kirby, L. Deering, L. Desso, B. Paquette, E. Spooner, B. Stuono, other community members 1. Other Business & Announcements: No issues were raised. 2. Announcements/City Manager's Report: Ms. Dooley: Attended meeting with UVM officials. She briefly discussed property now being used as a dog park. UVM seems willing to give city an extra year extension on the lease, if needed. UVM has a right of first refusal on the Sheraton property, including the hotel. Ms. Emery: Contacted Louise Murphy to set up a brown-bag lunch with Channel 17 people, 11 March, Noon. Received an e-mail from resident regarding the letter in the Other Paper about taxes paid by the Airport. Mr. Hafter said this is all public information. He noted that the value of any properties purchased by the Airport is added to what the Airport pays in taxes. He stressed that the City not lose any tax money when the Airport purchases a property. Mr. Hafter: Item #5 on the Agenda (Family Center) will not be heard at this meeting due to illness. Public hearing on 27 March at Farrell Street regarding the proposed addition of 24 units to the Cathedral Square development. There is a waiting list of 600 people for these units. Mr. Hafter noted he has been serving as "Town Service Officer" to help someone who becomes homeless to find overnight accommodations until a Social Service agency can be contacted the next morning. He is now receiving up to 2 or 3 calls somedays, and can no longer to continue to do this. He will advertise for someone to fill the position. As part of the 2 March meeting, candidates for City Council will be present to make a presentation to the public. Mr. Hafter asked members what form they would like this to take. Members felt each candidate should be given a few minutes of introduce himself and then allow questions from the public. Members felt there should be a moderator for the presentation. Mr. Boucher suggested holding the meeting at the Middle School and including a presentation on the school budget. 3. Public Hearing on FHWA funded Tilley Drive Recreation Path Enhancement Project: Mr. Jacobowitz, new Chair of the Rec Path Committee, said they will be bringing forth changes to their Charter and policy recommendations. There will also be a map of city Rec Paths. He requested a meeting with the Council on 6 April. Mr. Bresee advised that the Tilley Dr. Project is moving from the planning phase to construction, and there is a legal requirement for this public hearing. He showed maps of the area, including existing buildings and the proposed path. The path will connect residences with office buildings and will connect office buildings with each other. The path will be 850 ft. in length. Mr. Bresee showed an archeologically sensitive area from which objects dating to 7000 B.C. have been uncovered. Problems related to the impaired waterway (Potash Brook) have been solved. The City asked the state for $300,000 with a 20% match. They received $200,000 (all federal funds). The City will have to provide $25,000 in cash and $25,000 "in kind." 4. Discussion with Burlington International Airport regarding accelerated acquisition schedule for 2009 due to larger than expected federal appropriation: Mr. Worthen reviewed the past history and noted that the Airport had been given permission to acquire 10 homes per year in 2009-10. Due to a larger than expected appropriation from the federal government, they are able to increase this to 20 next year, and 20 in 2011. The 40 additional homes would be located at the following streets: Mr. Clemens asked whether people would be forced out if they don't want to sell. Mr. Worthen said nobody can be forced to sell. Mr. Boucher said the only way the city could take any property is if they wanted to build a road there. Mr. Hafter said the city cannot take anyone's property to give it to someone else. Mr. Boucher said there needs to be a contingency in the Master Plan for homes out of the 65 db area. Ms. Lemay, who lives on Picard Circle, said it has been their experience that there is no affordable housing in the City that isn't being bought by the Airport. They can't find any housing in South Burlington and don't want to leave the City. Mr. Worthen said that as part of the Airport's commitment to the City, the Airport would identify where houses could go to replace some of the houses being taken down. Mr. Lemay noted that all 3 families that moved from Picard Circle had to leave South Burlington, and they didn't want to do that. Mr. Boucher stressed that residents in this position should ask the Airport for South Burlington comparables. Mr. Leavens asked about houses previously acquired by the Airport and whether those taxes are being paid by the Airport. Mr. Hafter said that is in negotiation and that any contract will be voted on in public. Mr. Leavens asked about other entities that own property on the Airport. Mr. Hafter said the only property covered in the stabilization agreement is property owned by the Airport, everything else pays full taxes. Mr. Leavens said he didn't think the citizens of South Burlington are getting a fair shake. Mr. Boucher said that before he can be comfortable with the new plan, the tax agreement has to be finalized and noise issues have to be addressed. He said there needs to be a ground measurement of noise and an agreement that this will not increase. Mr. Worthen said they met with landscape and Airport people last week to discuss the "living wall." They are planning a trip to see one of these and will put up a test one to take sound measurements. Mr. Boucher said they need to measure sound levels now and be sure these don't increase as houses are taken down. Ms. Kirby said she has lived in the neighborhood since age 11 and has heard issues for a long time about the Airport wanting to put in a road. She said she would rather see a block of houses come down than doing it piecemeal. Ms. Deering said she knew the situation when she bought her home. She felt it was sad that there isn't housing that people can move into. She also hated to see the City Council and the public ask questions of the Airport and not get straight answers. She felt that even if the Airport can't force them out, they can make it "very uncomfortable." She asked how the City of Burlington can be voting on increasing the height of the existing parking garages when they don't have permission from the City of South Burlington to do that. Mr. Magowan said the Airport can't begin to tell South Burlington it is credible when they didn't tell South Burlington in January that they are going to Burlington voters for the money to expand the parking garages in March. Mr. Worthen said they weren't trying to hide anything, but he acknowledged this could have been handled differently. He apologized on behalf of the Airport. Mr. Magowan said he asked in January about "going up with the parking garage" and all he got for an answer was a shrug of the shoulders. Mr. Smith said based on the past, there is a level of distrust. The Council does not want "surprises" at every meeting. Mr. Paquette suggested some ways to improve communication, including a list of "frequently asked questions," providing of minutes from all meetings, and a "question and answer" list before meetings. Mr. Leavins said he was skeptical that all of this was really about noise. He said there are a lot of sound abatement programs where people come in and soundproof homes. Ms. Desso said she understands everyone's point of view. She favored the Airport buying blocks of homes at one time. She felt the Airport deserved "good faith" for working with a living wall concept. She also felt it was a good idea to speed up acquisitions. If people aren't ready to sell yet, they shouldn't have to. Mr. Conner noted the City website has an up-to-date Airport section. Ms. Kirby said there are a lot of people who come into Elizabeth and Patrick Streets and block the roads and use the streets for a turn-around because they can't tell where the Airport is. She felt better signage is needed. Mr. Boucher moved to approve the increased pace of the Airport program subject to two agreements to come to the City for approval: 1) tax agreement and 2) noise agreement. Ms. Emery seconded. Mr. Magowan said that in January, the Council gave a lot of thought to an acquisition plan. He was troubled that a few weeks later, that plan is being doubled. If 10 was the right number then, why is 20 right today? He felt it was a mistake and he would vote against it. Ms. Dooley felt the demand is there and the program won't go away. She didn't want the neighbors to pay the price. In the vote that followed, the motion passed 4-1 with Mr. Magowan voting against. Mr. Boucher said he wanted to see this on the agenda for the first meeting in May with the option to go back down to 10 homes. He also wanted regular updates. Ms. Emery agreed. 5. Proposal to Establish an Independent Maintenance Committee: Mr. Boucher said the City needs a plan for long-term capital projects and maintenance. He suggested a committee of 3 professionals appointed by the City Council under the Direction of the Director of Public Works. The Committee would look at buildings, roads, bike paths, sewers, etc. It would be funded by the Rooms & Meals Tax revenue. Mr. Magowan felt it shouldn't be limited to professionals. Rep. Audette felt people from each department should be involved. Mr. Hafter said that to get anything from the Committee for the next budget, it should be appointed soon. Mr. Boucher moved to approve formation of a Maintenance Committee consisting of 3-5 citizens to be staffed by the Director of Public Works. Ms Dooley seconded. Motion passed unanimously. 6. Discussion of Policy for Public Notification Responsibilities and Use of Electronic Media: Mr. Smith applauded Ms. Emery for putting information on Front Porch Forum, but he felt meeting notifications should be placed by city staff. Ms. Emery felt she should be informing the people who elected her and took on this task when she was elected. Mr. Boucher said if it is purely informational, it should be an expectation of city staff. Mr. Magowan said he has issues with Front Porch Forum and wished the City could have its own vehicle. A member of the audience felt that if you pick and choose what you put out there, you disenfranchise people who might be interested in something you leave out. Mr. Boucher suggested the idea of a "Councilor's Corner" in The Other Paper. Rep. Audette noted that the City's legislators try to do something for the Other Paper every other month. 7. Review Development Review Board Agenda for meeting of 17 February 2009: No issues were raised. 8. Review and approve Minutes from Special City Council meeting of 26 January 2009: Mr. Boucher moved to approve the Minutes of 26 January as written. Mr. Magowan seconded. Motion passed unanimously. 9. Review and Approve Minutes from City Council meeting of 2 February 2009: It was noted that on p. 1 the next Council meeting date should be 2 March. Ms. Emery moved to approve the Minutes of 2 February as amended. Ms. Dooley seconded. Motion passed unanimously. 10. Sign Disbursement Orders: Disbursement Orders were signed. 11. Liquor Control Board: Mr. Boucher moved the Council adjourn and reconvene as Liquor Control Board. Ms. Dooley seconded. Motion passed unanimously. Mr. Hafter presented Liquor License renewals from the following: He said all the applications were in order. Ms. Dooley moved to approve the liquor license renewals as presented. Mr. Boucher seconded. Motion passed unanimously. As there was no further business to come before the City Council, the meeting was adjourned at 10:05 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 17 FEBRUARY 2009 PAGE 3 Steet # of homes Street # of homesAirport Dr. 9 LeDuc Terr 1Airport Pkwy 3 Maryland St 3Delaware St. 3 Patrick St. 5Dumont Ave 11 Pump Lane 1Elizabeth St 2 White St. 2 Mr. Clemens asked whether people would be forced out if they don’t want to sell. Mr. Worthen said nobody can be forced to sell. Mr. Boucher said the only way the city could take any property is if they wanted to build a road there. Mr. Hafter said the city cannot take anyone’s property to give it to someone else. Mr. Boucher said there needs to be a contingency in the Master Plan for homes out of the 65 db area. Ms. Lemay, who lives on Picard Circle, said it has been their experience that there is no affordable housing in the City that isn’t being bought by the Airport. They can’t find any housing in South Burlington and don’t want to leave the City. Mr. Worthen said that as part of the Airport’s commitment to the City, the Airport would identify where houses could go to replace some of the houses being taken down. Mr. Lemay noted that all 3 families that moved from Picard Circle had to leave South Burlington, and they didn’t want to do that. Mr. Boucher stressed that residents in this position should ask the Airport for South Burlington comparables. Mr. Leavens asked about houses previously acquired by the Airport and whether those taxes are being paid by the Airport. Mr. Hafter said that is in negotiation and that any contract will be voted on in public. Mr. Leavens asked about other entities that own property on the Airport. Mr. Hafter said the only property covered in the stabilization agreement is property owned by the Airport, everything else pays full taxes. Mr. Leavens said he didn’t think the citizens of South Burlington are getting a fair shake. Mr. Boucher said that before he can be comfortable with the new plan, the tax agreement has to be finalized and noise issues have to be addressed. He said there needs to be a ground measurement of noise and an agreement that this will not increase. CITY COUNCIL 17 FEBRUARY 2009 PAGE 7 Mr. Hafter presented Liquor License renewals from the following: Airport Grocery 1223 Airport Drive Gracey’s Store 1333 Williston Rd. Gracey’s Liquor Store 26 Hinesburg Rd. #1 Interstate Shell 1055 Williston Rd. Kinney Drug #55 1653 Williston Rd. Mama Mia’s Pizzeria, LLC 516 Shelburne Road Moe’s Southwest Grill 1150 Williston Rd. He said all the applications were in order. Ms. Dooley moved to approve the liquor license renewals as presented. Mr. Boucher seconded. Motion passed unanimously. As there was no further business to come before the City Council, the meeting was adjourned at 10:05 p.m. ___________________________- Clerk