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HomeMy WebLinkAboutMinutes - City Council - 03/16/2009CITY COUNCIL 16 MARCH 2009 The South Burlington City Council held a regular meeting on Monday, 16 March 2009, at 7:00 p.m., at the Chamberlin School, 262 White St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, F. Murray, J. Knapp Also Present: D. Gravelin, Assistant City Manager; P. Conner, Director of Planning & Zoning; Chief T. Whipple, and other members of the Police Department; S. Stitzel, City Attorney; Rep. A. Audette; B. Cimonetti, P. Plumeau, J. Jaeger, D. Sachs, C. Bolton, A. Bullis, S. Boyd, S. Robbins, M. Young, J. Zaetz, L. Griffin, K. Donahue, B. Stuono, A. Parker, M. Warner, L. Parker, A. Germaine, C. Carpentier, D. Bell, L. Gurack, M. Simoneau, P. Nowak, A. Chaulk, L. Bresee, other members of the community 1. Other Business & Announcements: Mr. Zaetz read a letter to the Board regarding the new Velco power lines which he described as "ugly." He asked why no consideration was given to burying the lines as was done in Charlotte. Mr. Boucher responded that the City did appeal to the Public Service Board and lost the appeal. He also noted that 2 communications to residents of their area asking for support in this appeal got no response. Another audience member advised that she has tried for 2 weeks to get literature from the Airport regarding the previous meetings and has had no response. Mr. Worthern, representing the Airport, offered his contact information. 2. Announcements & City Manager's Report: Ms. Emery: reported on meeting between Channel 17 and Library Board. The Board is eager to work with Channel 17 to get public support for an independent Library building. Ms. Emery also noted that Channel 17 is willing to talk to anyone regarding its telecasts. Mr. Gravelin: the MPO will meet on Thursday, 7 p.m. On Friday, 20 March, the Vermont League of Cities & Towns and Vermont Association of Planners and Developers will have an interactive TV telecast re: the American Recovery & Reinvestment Act. Mr. Gravelin indicated that he will attend. The Airport has asked to move the next meeting with the Council regarding tax and noise agreements up to 20 April. That meeting will be held at Chamberlin School. Mr. Boucher: announced that the City of South Burlington, the Town of Shelburne and the Vermont Community Land Trust have just joined together to purchase the Ledoux Farm, 84 acres of which are in South Burlington. The property will continue to operate as a farm, and there will be an easement for a trail for public use. The City of South Burlington plans to contribute $500,000 from the Open Space Fund toward this purchase. Ms. Emery noted that Mr. Boucher was instrumental in bringing about this purchase within the city's means. 3. Consideration of Approval of Proclamation to Promote Use of Transportation Alternatives (Way to Go Week): Ms. Sachs distributed a pamphlet explaining the initiative. She noted this is a one-week commuter challenge to encourage people to use transportation alternatives. It will take place between May 4th and 8th. A "community challenge" is involved with an award going to the community with the highest participation. Mr. Murray moved to approve the Proclamation as presented. Ms. Dooley seconded. Motion passed unanimously. 4. Interviews of Applicants for Appointment to the Burlington International Airport Commission: The Council interviewed the following applicants: Mr. Bolton: was raised on Pine Tree Terrace, served in the Air Guard and as a flight instructor, concerned with the noise issue and its impact on South Burlington, is currently a business person in the city. Mr. Boucher asked how Mr. Bolton would balance the needs of the neighborhood with the needs of the Airport. Mr. Bolton said he would want to know what the issues are, what the federal government is doing re: buyouts. He felt he could be a good liaison person as he is sensitive to noise issues and their impact, and wants people in South Burlington to get a fair shake. Mr. Murray indicated he has used Mr. Bolton as an expert witness in trials but felt he could be impartial to make a decision. Ms. Dooley asked what Mr. Bolton sees as the pro's and con's of the Airport buying properties. Mr. Bolton said they are trying to solve a problem, and this is headed in the right direction. The unfortunate thing is that the noise has gotten so loud. Ms. Emery noted that she had just been made aware that the Airport will buy ½ of a town house. Mr. Bolton said he didn't think this would clear title if they only owned half the building. Mr. Murray noted that at California's John Wayne Airport flights are not permitted in before 7 a.m. Mr. Bolton said that the worst noise here is at 8:45 a.m. when the Air Guard goes out. Mr. Murray recalled some years ago when then Governor Snelling negotiated with the Air Guard so there was less take-off noise. Ms. Emery said the Airport people told the Council they could do nothing about the Air Guard. Mr. Bolton said they have always been very supportive. He suggested it might be good to go to them. Allan Bullis: is currently in the Air Guard and has served in Iraq, worked closely with Airport for many years, is an engineer living in the Airport neighborhood, attended Master Planning meeting at Airport. He indicated that he has worked with government entities, and he has found that "everything is negotiable." He felt that he could think outside of the box to come up with what is good for the community. In answer to the "pro's and con's" question, Mr. Bullis said the good thing is to get people out of the high noise area. The negative is the scarring of the neighborhood and the loss of people's childhood homes. Mr. Murray asked if Mr. Bullis could be an "independent watchdog." Mr. Bullis said he would be an advocate for the community to leverage positive change. Stuart Boyd: served in the National Guard years ago, has been in South Burlington 5 years, also a pilot. He felt the most important role he would serve would be to carry the will of the City Council to the Airport Commission and get information to feed back to the community. Indicated he would withdraw as a candidate. Bill Cimonetti: engineer, resident of Spear Street, previously in charge of air base construction/maintenance in Korea and Guam, worked for GE in aerospace industry, now retired; involved in many city projects, former City Councilor and State Legislature (Vice Chair of Transportation Committee). Noted that this is the only international airport in northern New England and is a very significant property in South Burlington and a financially important asset to the State of Vermont. Mr. Cimonetti felt his experience would enable him to fairly represent the citizens and City Council. Mr. Murray noted a long acquaintance with Mr. Cimonetti but again felt he could make a fair decision. Mr. Murray asked if Mr. Cimonetti would have a problem putting forth a position that the suggested the noise issue was being used by the Airport as a means to expand and that more regulation of that expansion was needed. Mr. Cimonetti said it is important to remember that South Burlington has only 1 voice on a 5-person Commission. He felt that if there was a policy from the City Council that he couldn't support, he wouldn't continue in the position. He felt he could keep the Council apprised on the thinking of the Airport so the Council could take a position early enough to have some influence. He felt there has to be a reasonable interface between the Airport and the city in which it "lives," and there have to be limits established. Peter Plumeau: 10-year South Burlington resident, was Executive Director of the MPO, currently serving on the DRB and as a traffic consultant working on a number of Airport planning projects throughout the country. He felt the problems in South Burlington are familiar to him. He felt there has been a lack of transparency in how decisions have been make. He also noted that he brokered an agreement between South Burlington, Burlington and the Airport about 10 years ago. He said that as a Commission member he would push for transparency as much as possible and would use his knowledge of what is happening at other airports. He added that the FAA's forecasts are considered very suspect at this time. He was also very curious about the buying of half a town house. Stephen Robbins: asked to withdraw as a candidate. Mr. Boucher asked for community questions and input. Ms. Griffin said he would like to see some passion and angst from the Board to protect people who want to continue to live in the neighborhood. Mr. Stuono said he was very impressed with the candidates but was concerned some don't know a lot about the buyout program. He said he sees the position as the lone dissenting voice on the Board. He also felt commercial aviation was more a problem than the Air Guard. He liked the idea of limiting early morning and late night flights. He asked the candidates if representing the community would be their #1 priority. Mr. Bolton: South Burlington is his whole life. Jets wake him up and he is annoyed with helicopters over his house at all hours. He felt there needs to be an answer to these things. Mr. Bullis: Would do what the City Council wants him to do and serve as their "eyes and ears." He said he would like to survey the neighborhood. Mr. Cimonetti: Felt the lone South Burlington member of the Commission can have an impact. The City Council has to establish the city's position and can use the zoning process to do this. He felt the representative to the Airport Commission was duty bound to represent the Council's position. Mr. Plumeau: agreed with Mr. Cimonetti and added that he would push the Commission for transparency with the community. He suggested the possibility of a regular update in The Other Paper regarding the Airport. Mr. Boucher asked the public to communicate its ideas/feelings. He invited residents to send email comments to airport@sburl.com. He said the Council will probably narrow the field to 2 and have those 2 come back on 20 April. 5. Update on City Center Planning Activities: Mr. Conner introduced Leo Roy of VHB Consulting who reviewed the history of City Center planning, including photos dating back to 1942. He noted that the city did not want to see "big box" retail in the area. He also noted that previous attempts to develop had ignored critical environmental issues. A new approach celebrates the natural resources and has extensive public input. Mr. Roy reviewed public planning workshops at which citizens expressed the desire to see a pedestrian friendly area and wanted to preserve open space along the brook. They also favored "green design," high density/mixed use development, and a street grid with on-street parking. Mr. Roy stressed the need to consider market realities, environmental enhancement and mix use development. Mr. Boucher emphasized the fact that the City of South Burlington does not own the land in the City Center. Mr. Roy said most of the land is owned by South Burlington Realty. The anticipation is that at some time in the future there will be options for the Central School property. The current plan is to begin with Market Street improvements and the Mary Street area. Mr. Roy showed a possible concept of some buildings and traffic patterns featuring a "plaza" concept. Mr. Young asked about building heights and the possibility of a 5-story building at Market St. and Hinesburg Road. It was noted that no approval has been given for such a building. Mr. Roy did note that taller buildings would allow for terrific views from upper floors. Mr. Conner said that the only land the city owns in City Center is the land under Market Street. The City's focus, therefore, is on the road and on planning around the road. He noted that thanks to the efforts of former Senator Jim Jeffords, the City received $6,000,000 for planning and construction of Market St. It is anticipated that in the first 5-7 years, City Center development would include Market Street, public spaces (plaza and parking), 300-500 housing units and a mix of retail and office uses. In answer to the question "what is the City doing?" Mr. Conner said the City is building infrastructure, creating developable parcels by building roads in specific places, improving traffic conditions, and protecting environmental quality. Mr. Conner stressed that development of the area will happen, and it is best to have it occur in a planned way. Mr. Conner said there are really 3 types of projects for the area: roads, a storm water system, and economic development. Traffic improvement projects will also be part of the City Center planning. These include: Market Street with a signal at Hinesburg Rd., a new cross-street from White Street to Dorset St., the Staples Plaza "third lane," and the potential 12B interchange. Mr. Conner showed a photo of the watershed and everything that drains in the area. In the past there has been excessive sedimentation and unmanaged storm water runoff. The area has also seen the growth of invasive species. Mr. Conner anticipated that 2009 activities will focus on permitting, applying for a "new town center" designation, a TIF application, rights-of-way, easements, landswaps, etc. Market Street construction is anticipated for 2010. Mr. Conner then addressed the question of the alignment for Market Street. He showed the current location and an alternate. The question is which alignment is better for the City. Mr. Murray asked about the tangible benefits from the City Center. Mr. Conner cited 4 major benefits: water quality improvement, Market Street construction, housing (especially affordable housing), and tax benefits. Mr. Murray noted that Central School is appraised at $2,500,000 and it would cost more than double that to build a new school Ms. Dooley noted that the possibility exists to enlarge both Chamberlin and Orchard Schools. Mr. Murray asked if this is such a good deal for the land owner, why isn't he doing the work. Mr. Conner said that the best developments of this sort in past years have been public/private partnerships. In this case, the community can "start the ball rolling." Mr. Murray asked who would pay for off-site improvements. Mr. Conner said those with mutual benefits would involve a partnership, those with a principal city interest would be paid for by the city. Mr. Murray expressed concern that the public is "waiting for the other shoe to fall" after the Police Station is finally built. Mr. Conner said that eventually this land will be built on in some form. The city's role is to try to shape that development. Mr. Conner then asked for feedback on the Market St. alignment. He showed the location of Iby Street residences. Moving the road closer to Iby St. would have 2 benefits: a permanent 30-foot wooded area and no development between Iby St. and the road. Mr. Conner showed an artist rendering of the 2 possible development scenarios with the road in 2 different locations. He noted that in a meeting with Iby St. residents, more people did not want the road closer to them. The Chastenays, who own the corner property, want the road to remain where it is and would oppose moving it because they would lose their "corner" status. Ms. Parker, an Iby St. resident, said she preferred the alternate with woods against her home and no development there. Ms. Warner asked if units were built there, what kind would they be. Mr. Conner said probably town houses. A neighbor questioned tearing down Central School, then building 500-600 housing units and not having a place for those kids to go to school. Mr. Murray asked if it is possible to move the road 20 or 30 feet to keep the buffer strip from being developed and still permit development across the street. Mr. Conner felt it had to be one way or the other since anything else would result in 50 feet that can't be built on. Mr. Germaine of Iby Street felt there is a real opportunity with the City Center. She would like to see pedestrian friendly plans. She felt the buffer zone was a real opportunity. Mr. Carpentier favored moving the road and having a green puffer, but he was concerned with having intersections so close to each other. Mr. Gurack felt that Mr. Munson has been a good neighbor. He wanted to leave the road as planned so it wouldn't be in his backyard. Ms. Bell, a Hinesburg Road resident on the east side of the road, felt they have been left out of the discussion. They prefer not to have a Market St. connection at all as it would be practically in her front yard. She asked for measures to help with the impact on their homes. She noted that people on the west side have been helped by rezoning, and a possible 4-5 story building could be 60 feet from her front door. Mr. Boucher noted that Hinesburg Rd. is a state road, and there is only so much the City can do. Ms. Poulin asked if their side of the road can be zoned commercial. Mr. Conner said zoning is up to the city; however, curb cuts are controlled by the State. Mr. Conner felt there would be pros and cons to rezoning that side of the road. Ms. Nowak felt that being involved in a partnership with the landowner was important. She was concerned with mitigation expenses if the road is moved. She added that Act 250 will want to see the "whole picture." A resident of the area said it would benefit a majority of people to leave the space green. He asked if the property owner could be benefited by being given a higher density somewhere else. Mr. Murray moved that the road alignment at the eastern intersection with Hinesburg Rd be left as it is. Ms. Emery seconded. Motion passed unanimously. Discussion on the alignment of the remainder of the road was deferred until the next meeting on April 6. 6. Discussion of Space Needs for New Police Station: Chief Whipple questioned what the City Council wanted to hear because size has to do with location and that discussion occurred in executive session. Mr. Simoneau said he has copies of the report done in 2006 and the report of the citizen's committee in 2008, including floor plans. Chief Whipple said size requirements vary from 20,000 sq. ft. to 27,776 sq. ft., the latter being the recommendation of the citizen's committee. Mr. Boucher said the State Police barracks being built is 16,000 sq. ft. and is costing $5,000,000. Chief Whipple said those facilities are designed for half the number of staff and are not 24-hour facilities. He added that the problem is that in Vermont there is no Police department comparable to South Burlington's. Mr. Murray said his concern is that it gets done right this time in terms of size, functions, and location. He was also concerned the Council would be asked to make decisions they don't have the expertise to make. He then raised specific concerns: A. the conference/meeting room: Chief Whipple acknowledged it was oversized, but said the intent was that it could be used for community meeting space as well. It will also function as a training room for the Police Department. B. need for lockers: Chief Whipple said lockers are needed for officers to have space for their uniforms and their weapons. These things can't be left in a pile on the floor. C. exercise rooms (who else has them?): Chief Whipple said Williston, Burlington and Shelburne police stations have exercise rooms, and the space provides a benefit to officers. Mr. Murray asked if space needs have been prioritized. Ms. Arnold said their mission was to take the program from the citizen's committee and apply it to the Calkins site. Mr. Donahue, who served on the citizen's committee, said he originally believed the existing facility could be renovated as did many other committee members. They then went through the space needs on a room-by-room basis and came up with their recommendation. He did not feel the city should go back and do that all again. Ms. Arnold said she has been involved in the building of 2 other police stations. Her company is the expert, and there is nothing out of line with what is being proposed. She noted that the community/conference room is also a training room and an emergency coordination space. Ms. Dooley said the Council has not, since she has served, addressed space needs. She felt the Council was obligated to do so. Mr. Knapp said that knowing what he knows from the executive session, he can't imagine starting over or even from the middle. He felt a lot of work was done by a lot of smart people. He was committed to catching up on what had been done and felt that when that was accomplished, they would know how to proceed. Mr. Murray said he wasn't sure the groundwork had been done. Mr. Boucher said the groundwork has been done. It is the Council that hasn't provided the leadership. He suggested that the Council meet on the alternate Mondays just on this issue. Because of schedule conflicts, members agreed to hold the first of the special police facility meetings on Tuesday, 7 April. Location will be determined. Mr. Murray said he had created an RFP/resolution and he believed the Council needed professional help. Ms. Chaulk said she came to this meeting expecting a "short list" that would bring prospective properties to the public. A members of the Police Department said there is still a building that does not function as a police station, and something bad is going to happen there. He said the process needs to stay on track. He added that they are seeing more and more violent crimes, and there have already been officers injured. There is "stuff all over the place and it is trouble waiting to happen." Mr. Bresee said that all of the issues Mr. Murray raises have been addressed professionally over a period of 4 years. Another police officer said he didn't feel much confidence in anything being built, and it doesn't seem their issues are being taken seriously. Ms. Emery then moved that the Council hold a special meeting regarding the police facility on 7 April 2009. Ms. Dooley seconded. Motion passed unanimously. 7. Consideration of Acceptance of State Bridge Reports: Mr. Murray moved to accept the state bridge reports as presented. Ms. Dooley seconded. Motion passed unanimously. Mr. Boucher noted that the Patchen Rd. bridge went from "good" to "satisfactory." 8. Annual Appointment of Town Service Officer: Mr. Gravelin noted that Mr. Hafter had decided not to continue in this position. Mr. Boucher said it will probably cost the taxpayers money because state law will not allow the fire department to be designated; it must be an individual. Ms. Dooley felt that Jean Erno could do an excellent job without cost to the taxpayers. Ms. Emery moved to appoint Jean Erno as Town Service Officer. Mr. Murray seconded. Motion passed unanimously. 9. Consideration of Capital Equipment Refunding Note for Highway Dump Truck: Mr. Gravelin noted this is the 5th year of a 5-year purchase. The note is at 2.8%. Mr. Murray moved to approve the capital equipment refunding note and accompanying documents as presented. Ms. Emery seconded. Motion passed unanimously. 10. Review Agenda for Development Review Board meeting to be held on March 17, 2009: No issues were raised. 11. Review and Approve Minutes from Regular and Reorganizational City Council Meetings held February 17, March 2, and March 9, 2009: Mr. Murray moved to approve the minutes of 17 February 2009 as written. Ms. Dooley seconded. Motion passed 4-0 with Mr. Knapp abstaining. Mr. Murray moved to approve the Minutes of 2 March 2009 as written. Ms. Dooley seconded. Motion passed 4-0 with Mr. Knapp abstaining. Mr. Murray moved to approve the Minutes of 9 March 2009 as written. Ms. Dooley seconded. Motion passed unanimously. 12. Consideration of a New Annual Entertainment License; Two Friends Bistro, 1210 Williston Road: live DJ Friday & Saturday nights; Consideration of Renewal of Annual Entertainment License: Franny O's, 733 Queen City Park Rd: karaoke, live entertainment; Healthy Living, 222 Dorset St.: live entertainment every Sunday; Higher Ground, 1214 Williston Rd: live DJ and entertainment: Mr. Gravelin said the applications were all in order. Mr. Murray moved to approve the new and renewal entertainment licenses as presented. Ms. Emery seconded. Motion passed unanimously. 13. Sign Disbursement Orders: Disbursement Orders were signed 14. Reconvene as Liquor Control Board to Consider Liquor Licenses for Renewal: Mr. Knapp moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Emery seconded. Motion passed unanimously. Mr. Gravelin presented Liquor License renewals from the following: He said the applications were all in order. Mr. Knapp revealed a potential conflict of interest with the Champlain Farms renewals. Mr. Murray then moved to approve all the Liquor License renewals except Champlain Farms. Ms. Dooley seconded. Motion passed unanimously. Mr. Murray moved to approve the 2 Champlain Farms Liquor License renewals. Ms. Dooley seconded. Motion passed 4-0 with Mr. Knapp abstaining. Executive Session: Mr. Murray moved the Board adjourn and reconvene as City Council in executive session to discuss appointments and to return to regular session only for the purpose of adjourning. Ms. Emery seconded. Motion passed unanimously. Regular Session: Council return to regular session. As there was no further business to come before the Council, the meeting was adjourned at 12:00 a.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 16 MARCH 2009 PAGE 2 Ms. Emery noted that Mr. Boucher was instrumental in bringing about this purchase within the city’s means. 3. Consideration of Approval of Proclamation to Promote Use of Transportation Alternatives (Way to Go Week): Ms. Sachs distributed a pamphlet explaining the initiative. She noted this is a one-week commuter challenge to encourage people to use transportation alternatives. It will take place between May 4th and 8th. A “community challenge” is involved with an award going to the community with the highest participation. Mr. Murray moved to approve the Proclamation as presented. Ms. Dooley seconded. Motion passed unanimously. 4. Interviews of Applicants for Appointment to the Burlington International Airport Commission: The Council interviewed the following applicants: Chuck Bolton Bill Cimonetti Allan Bullis Peter Plumeau Stewart Boyd Stephen Robbins Mr. Bolton: was raised on Pine Tree Terrace, served in the Air Guard and as a flight instructor, concerned with the noise issue and its impact on South Burlington, is currently a business person in the city. Mr. Boucher asked how Mr. Bolton would balance the needs of the neighborhood with the needs of the Airport. Mr. Bolton said he would want to know what the issues are, what the federal government is doing re: buyouts. He felt he could be a good liaison person as he is sensitive to noise issues and their impact, and wants people in South Burlington to get a fair shake. Mr. Murray indicated he has used Mr. Bolton as an expert witness in trials but felt he could be impartial to make a decision. Ms. Dooley asked what Mr. Bolton sees as the pro’s and con’s of the Airport buying properties. Mr. Bolton said they are trying to solve a problem, and this is headed in the right direction. The unfortunate thing is that the noise has gotten so loud. CITY COUNCIL 16 MARCH 2009 PAGE 12 14. Reconvene as Liquor Control Board to Consider Liquor Licenses for Renewal: Mr. Knapp moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Emery seconded. Motion passed unanimously. Mr. Gravelin presented Liquor License renewals from the following: Champlain Farms, 1041 Shelburne Rd. Champlain Farms-Exxon, 801 Williston Rd. Doubletree Hotel Burlington, 1117 Williston Rd. Franny O’s, 733 Queen City Park Rd. Green Mountain Suites Hotel, 1 Aspen Drive Hannaford Food & Drug Superstore, 217 Dorset St. Healthy Living, 222 Dorset St. Higher Ground, 1214 Williston Rd. Jiffy Mart, 110 Kennedy Dr. Jolley Short Stop #104, 1830 Shelburne Rd. Jolley Short Stop #105, 1314 Williston Rd. Jolley Short Stop #107, 977 Shelburne Rd. Lakeview Bar & Grill/The Lake-View House, 1710 Shelburne Rd. Maplefields at the Airport, 1801 Williston Rd. Marco’s Pizza, 1301 Williston Rd. The Pour House, 1930 Williston Rd. Van Phan Sports, 55 San Remo Drive UNO Burlington, 1330 Shelburne Rd. Zachary’s Pizza, 1250 Williston Rd. He said the applications were all in order. Mr. Knapp revealed a potential conflict of interest with the Champlain Farms renewals. Mr. Murray then moved to approve all the Liquor License renewals except Champlain Farms. Ms. Dooley seconded. Motion passed unanimously. Mr. Murray moved to approve the 2 Champlain Farms Liquor License renewals. Ms. Dooley seconded. Motion passed 4-0 with Mr. Knapp abstaining.