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Minutes - City Council - 02/22/2011
CITY COUNCIL 22 February 2011 The South Burlington City Council held a regular meeting on Monday, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F. Murray Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; P. Conner, Director of Planning & Zoning; K. Murphy, City Manager’s Staff; J. Rabidoux, Public Works Director; Chief T. Whipple, Police Department; T. Hubbard, Recreation Department Director; P. Plumeau, S. Dopp, G. Maille, S. Stuono, R. Agne, J. Pasakow, J. Baird, P. Engels 1. Comments & Questions from the Audience not related to Agenda items: Mr. Maille questioned the status of the Airport noise study. Mr. Plumeau said he had just come from the monthly Airport meeting and had given the information to Mr. Miller from the noise consultant. The consultant doesn’t feel comfortable releasing raw data which is still in spreadsheet form. Mr. Boucher read the letter from the consultant. Mr. Murray asked if Mr. Miller felt the Airport will support this position. Mr. Plumeau said he thought the information will be released in a form that the consultant is comfortable with after it has been appropriately processed. Mr. Miller noted that the consultant feels they need the data from the spring testing so the early data is not viewed in isolation. Mr. Murray said he felt that if the Airport wants the data, they should get it and give it to the city so that the city is not faced with a “fait accompli.” Ms. Emery noted that the Airport had said they would provide the city with the raw data. Mr. Maille said that technically it is public data. Mr. Maille said there are 3 objectives to the study: 1. To assess the performance of the living wall 2. To assess noise propagation when buildings come down 3. To determine that the noise situation won’t become worse He added that the idea that the consultant doesn’t have to provide the data now is ridiculous. He also felt that for the city to be denied the data is the Airport’s problem and the city should go after them for it. Mr. Plumeau said he will ask Airport people why they don’t pursue this and will get back to the city as soon as possible. 2. Announcements and City Manager’s Report: Mr. Murray: Cannot attend Monday’s Town Meeting due to a death in the family. Ms. Dooley: Attended Local Government Day at the State Legislature and received a complimentary report on Justin Rabidoux’s testimony. Also noted that the testimony of Mr. Miller and Mr. Rusten at the Finance Committee was well received. Mr. Miller: Looked into the snowplowing question raised by a citizen at the last meeting. Mr. Rabidous: Stressed that the city has done nothing differently in the way of snow plowing than it has done in the past. They have even had additional scheduling when it was needed. He noted a couple of areas on Barrett St. where snow had been pushed from the road onto the sidewalk. He said they hadn’t gotten to the bike path section yet, but are continuing with sidewalks this week. He also noted they had to do some snow removal which took workers away from plowing. Mr. Miller said that overall they did a fine job, and he went out and complimented them this week. He stressed that the city wants people to travel safely, but there are times when things get overwhelming. Ms. Emery asked about liability if someone falls on a sidewalk with “black ice.” Mr. Miller said if the city makes a good effort to deal with it, there is no liability. He asked that the city be contacted if there is a particularly hazardous situation. 3. Consider Authorizing the Donation of 3 Lockers from South Burlington Police Department to CUSI: Chief Whipple explained that there are some high school type lockers in the storage room which the Police never use. They have minimal value. CUSI has asked for 3 of these. Mr. Miller said the city would be willing to get rid of the rest of them as well. Mr. Murray moved to authorize the donation of the 3 lockers as requested. Ms. Dooley seconded. Motion passed unanimously. 4. Consider Authorizing the Purchase of One “Smart White Board” with Justice Assistance Grant Monies: Chief Whipple said Council authorization is a requirement of the grant. He noted that some technical people from the school had recommended a smart board similar to what they use in classrooms. It has use for training, extended search operations, records for Court, etc. The school will help with installation and training. The total grant is $11,281 of which $2137 is for training. There is a possibility that they will go with a larger board in which case they will come back for additional funds. Mr. Murray moved to authorize the use of $11,381 for purchase of the “smart white board” from the Justice Assistance Grant for training and technology. Ms. Emery seconded. Motion passed unanimously. 5. Consider a Resolution Amending the Permit Fee to Open Streets in the Right-of-Way: Mr. Rabidoux said the fee will increase from $10.00 to $20.00 a square foot. In other communities costs range from $13.00 t0 $20.00. This increase will yield $100,000 annually which will go toward paving roads. Mr. Murray moved to approve the Resolution amending the permit fee to open streets in the right-of-way as presented. Ms. Emery seconded. Motion passed unanimously. 6. Consider Approval of Vermont Agency of Transportation Certificate of Opening Highway for Public Travel: Mr. Rabidoux said this approval is for the new alignment of Lime Kiln Road. It corrects the State Official Map and adds .3 miles that the city will receive compensation for. Mr. Murray moved to approve the Vermont Agency of Transportation Certificate of Opening Highway for Public Travel as presented. Ms. Dooley seconded. Motion passed unanimously. 7. Third Reading, Second Public Hearing of South Burlington Land Development Regulations: Mr. Murrray moved to waive the reading of the regulations. Mr. Knapp seconded. Motion passed unanimously. Ms. Dooley moved to open the public hearing. Ms. Emery seconded. Motion passed unanimously. Mr. Conner said the first amendment relates to heights of buildings. There are 3 changes from the current regulations: 1) maximum heights have been added to back of the ordinance; 2) there is a list of standards for height bonuses/waivers; 3) in the City Center area is there is a clarification that changes “post construction grade” to “preconstruction grade to be in sync with the rest of the city. The second amendment relates to accessory apartments. The City Council had requested that the amendment be changed so that an owner cannot live in the primary unit as the original amendment had allowed. Mr. Murray moved to close the public hearing. Ms. Dooley seconded. Motion passed unanimously. Mr. Knapp asked why an owner couldn’t live in an accessory unit and rent the primary unit. Ms. Emery said it is an issue of vehicles. Ms. Dooley said it can change the character of a neighborhood. Mr. Knapp said he has a problem dictating to a landlord. He noted there are a lot of older people who may otherwise not be able to live in South Burlington. Mr. Boucher said he agrees with Mr. Knapp. He was concerned with “losing the good for fear of the bad.” Mr. Knapp added that it is also a part of the history of Vermont, to keep multi-generational families together. Mr. Maille said he agreed with Mr. Knapp and Mr. Boucher. He noted that you can put the house in trust and legally you can change who lives where, but that costs a lot of money to do. Ms. Dopp said she is in that situation now, having inherited a property where she lived in the accessory unit for many years and wants to continue to do so while renting out the main house. She felt there should be a way to keep a main house from becoming filled with college students. Mr. Boucher suggested voting on it now and sending it back to the Planning Commission to look at again. Mr. Miller noted that UVM is looking for projects for interns to work on. This might be a good one. Ms. Dooley moved to adopt the changes regarding heights of structures, including the Appendix C table. Mr. Murray seconded. Motion passed unanimously. Ms. Dooley moved to adopt the amendment regarding accessory units. Mr. Murray seconded. Motion passed with Mr. Knapp voting against. 8. Second Reading, First Public Hearing of Re-Adoption of Amended Comprehensive Plan: Mr. Murray moved to waive the second reading. Ms. Emery seconded. Motion passed unanimously. Mr. Murray moved to open the public hearing. Mr. Knapp seconded. Motion passed unanimously. Mr. Conner said this is a timing issue. The Planning Commission is working diligently to amend the existing plan. The intent is to have a new document toward the end of March, beginning of April. He briefly reviewed the mostly technical amendments. There was no public comment. Mr. Knapp moved to close the public hearing. Ms. Emery seconded. Motion passed unanimously. 9. Naming Recommendation for 1100 Dorset Street: Mr. Conner said this is the property across from Swift St. Extension which has been known as the Calkins property. The Natural Resources Committee was charged with coming up with an official name. The have settled on Wheeler Highlands Nature Park. The “Wheeler” dates back to a former City Clerk who lived in a house on the property. “Nature Park” refers to the proposed use of the property. “Highlands” concerns the geographic nature of the property. Members of the Council felt the public would quickly drop the “Highlands” for convenience, so they suggested shortening the name in the first place. Ms. Emery moved to approve “Wheeler Nature Park” as the official name for the 1100 Dorset Street property. Mr. Knapp seconded. Motion passed unanimously. 10. Consider Approval of Revised Planning & Zoning Fees: Mr. Connor said the revised fees are to address some budget issues. The rationale is that fees should be borne by applicants, not by taxpayers. Fees have been increased for new construction; fees for renovations and additions will remain the same. The proposed fees are in the range charged by other communities. In addition, legal fees, digital updates, etc., will be borne by the applicants. “After the fact” approvals will pay a higher rate as it takes more work to track these down. Fees in the Southeast Quadrant will be higher than elsewhere in the city as there is extra staff work involved. Mr. .Murray moved to approve the revised Planning & Zoning fees per Mr. Conner’s Memorandum of 22 February 2011, effective 1 March 2011. Mr. Knapp seconded. Motion passed unanimously. 11. Consider Approving Interim Equipment & Structure Donations and Donor Plaque Policy: Mr. Hubbard said there is currently no policy for accepting donations with plaques on them. The plan is to form a consistent size for plaques. Mr. Conner said this will be an interim policy because there are other issues to look into. But since the Rotary wants to do something immediately, it was thought best to deal with this much now. Mr. Boucher stressed the city’s appreciation of all the Rotary continues to do. Ms. Dooley noted a few technical changes to the policy. Mr. Murray moved to approve the Interim Equipment & Structure Donations and Donor Plaque policy as amended. Mr. Knapp seconded. Motion passed unanimously. Mr. Pasakow showed the Council a copy of an ad incorporating the city logo and asked for approval to use it. Members had issue with the ad and felt the logo dominated it. He asked Mr. Hubbard to work on a revision for the next meeting. 12. Consider approval of Recreation Department Fees: Mr. Hubbard said they have formalized a pricing structure which includes fees for general programs, camps, land use (for groups using athletic fields), etc. He noted that fees had not changed from those adopted a few years ago with 2 exceptions. Mr. Murray moved to approve the Recreation Department fees as presented. Ms. Emery seconded. Motion passed unanimously. 13. City Council Review and Comment on Burlington International Airport: Ms. Emery noted that she and Ms. Dooley attended the Airport presentation on their Master Plan. They had said there was no formal “comment period” but suggested a 1 march date. Ms. Emery said that since she and Ms. Dooley had attended the presentation, they prepared a letter of comment and posted information on Front Porch Forum and asked for public comments as well. Ms. Emery stressed that the city wants a Win/Win situation; however, there are traditional residential neighborhoods around the Airport, and the city has a right to protect its housing stock which is not replaceable. With the proposed Airport growth, there will be an impact (noise, etc.) on those neighborhoods. Ms. Dooley noted that the Master Plan update foresees “more than double” the current emplanements. She added that there are ways to mitigate sound, which would be a Win/Win situation, and the city would not lose any more housing. Ms. Dooley then read the letter she and Ms. Emery had prepared. Discussion ensued as to whether the Airport can be required to provide mitigation in lieu of removing housing. Mr. Baird questioned the 150 homes the Airport says it is taking down. He said he had figures that say 113 until 2009 and 115 more from 2009-2019. Mr. Plumeau said that may have been based on anticipated growth of the Airport to that time. Those figures have now been reduced to 37 flights a day, which is a more reasonable pace. Mr. Conner said the discrepancy may also be due to different funding sources. Mr. Plumeau said the Airport wants to convey that what works for the Airport has to work for South Burlington. Mr. Boucher said the Council has heard those sentiments but has also seen actions to the contrary. Mr. Plumeau said that the loss of affordable housing is a good reason to try to get a “Council to Council” meeting. Mr. Murray said the cities should come to the table with concrete proposals, and that groundwork hasn’t been done. Mr. Maille said the Airport doesn’t need South Burlington’s approval; they need FAA approval. All they have to show is that they brought the plan to the city. He also noted that any mention of noise mitigation was absent from the meeting at the Master Plan. He felt that if it isn’t in there, it isn’t going to happen. Mr. Murray said this has to be thought about in terms of what the city’s rights are. Mr. Stuono questioned the Airport’s ridership projections and cited the growing competition with Plattsburgh. Ms. Dooley said the Airport says it is targeting different parts of the Canadian population than Plattsburgh and will do everything it can to achieve its growth projections. Ms. Dopp said noise shouldn’t be the city’s only concern. There is also traffic. Mr. Knapp encouraged adding a paragraph on transportation and mitigation of traffic impacts. He added that the Airport should also be encouraged to continue their south end development as it is creating job opportunities. He cautioned against using the word “disapprove,” and said the city should just state its concerns. Mr. Boucher said some strong language may be needed because the Airport tells the city what they think the city wants to hear, then does what they want to do. Ms. Dooley moved to submit the letter of comments consistent with the draft letter with noted changes and adding a paragraph related to traffic issues and continued south end development. Ms. Emery seconded. Motion passed unanimously. Mr. Plumeau suggested being very specific, showing dollars for noise mitigation in the capital plan, etc. Mr. Boucher noted the very impressive views to the north and cautioned care in what the city asks for in the way of noise mitigation. 14. Consider a Resolution Establishing a City Pension Fund Investment Strategy: Mr. Rusten said this is designed to address problems found with investment strategy and a lack of clarity regarding the role of the committee. The resolution clarifies that the committee would get education regarding investment strategy and also clarifies that the administrator is the City Manager. If the committee cannot reach consensus on an issue, it would come to the City Council. Mr. Rusten noted that the Pension Advisory Committee supports this resolution. He added that the Committee’s meeting will be open to the public. Mr. Murray moved to approve the Resolution Establishing a City Pension Fund Investment Strategy as presented. Mr. Knapp seconded. Motion passed unanimously. Ms. Emery asked who will train the committee. Mr. Rusten said that has not yet been decided. 12. Review Draft Grant request Form & Procedure: Mr. Rusten reviewed past problems with grants. The proposed form was put together incorporating suggestions from Department Heads. It also encourages applicants to thing of the long-term costs of grants, etc. Once a grant is approved, there would be a monthly reporting procedure and also a spreadsheet with what is happening with grant money. 16. Consider Approval of Surplus Property Disposal Policy: Mr. Miller said that City Council comments were considered from the last presentation of the Policy. Mr. Murray moved to approve the policy as presented. Ms. Dooley seconded. Motion passed unanimously. 17. Consider approval of Entertainment License Applications for American Cancer Society and for benefit of L.L.S: Members agreed to defer hearing the L.L.S. application until further information is available. Ms. Emery moved to approve the Entertainment License Application for American Cancer Society as presented. Ms Dooley seconded. Motion passed unanimously. 18. Review and Approve Minutes of 7 February 2011: Ms. Dooley asked that on p. 4 there be an addition indicating that Mr. Magowan anticipated the intermodal facility and the downtown transportation hub would be in competition for funding and CCTA would prefer the transit hub. Ms. Dooley also noted that asked Mr. Penniman for a copy of the MOU with CATMA and the City of Burlington, which he agreed to provide. Mr. Murray moved to approve the Minutes of 7 February 2011 as amended. Ms. Emery seconded. Motion passed unanimously. 18a.South Burlington Police Department Grievance re: Take Home Vehicle Policy: Mr. Boucher noted the Council met in executive session on this grievance. The Union waived its right to a public hearing. He then read the Finding Letter to James Dunn, Legal Counsel for the Police Department bargaining unit. Ms. Murray added to the letter that the City Council denies the step three grievance and only considered this as an option and are in open session approving their action. Ms. Emery moved to approve the Finding Letter. Mr. Murray seconded. Motion passed unanimously. 19. Sign Disbursement Orders: Disbursement orders were signed with the addition of $1,427,487 to Prudential for pension obligation for FY11. Mr. Miller noted that the City Council authorized a repayment on 21 June 2010 for a general obligation bond. This concerns a $300,000 note from the Merchants Bank representing half of the payment for the White Street water line. Mr. Miller said the entire amount was paid for in cash, so the bond is not necessary. He was asking for approval to repay it early. Mr. Murray moved to approve repayment of $300,000 for the White St. water line with payment to be made as soon as possible. Mr. Knapp seconded. Motion passed unanimously. 20. Liquor Control Board: Ms. Emery moved that the Council adjourn and reconvene as Liquor Control Board. Mr. Murray seconded. Motion passed unanimously. Mr. Miller presented the following list of liquor and tobacco licenses to be approved: Tobacco Only: Queen City Coins, Inc. Rite Aid #10318 Hudson News (Airport Gift Shop) Special Event/Public Streets (10/16/2011 American Cancer Society Liquor Only: Mill and Market Deli Liquor and Tobacco: Maple fields @ Airport Shelburne Road Variety Hanaford Food & Drug (218 Hanaford Drive) Kinney Drugs #55 Walgreen’s #11526 Mr. Murray moved to approve the tobacco and liquor licenses as presented. Ms. Dooley seconded. Motion passed unanimously. 21. Executive Session: Mr. Murray moved that the Liquor Control Board adjourn and reconvene as City Council in Executive Session to discuss personnel and negotiations, the premature disclosure of which would result in a disadvantage to the city and to resume regular session only to take a possible action and/or adjourn. Ms. Emery seconded. Motion passed unanimously. 22. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned. ______________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.