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Minutes - City Council - 01/03/1994
CITY COUNCIL 3 JANUARY 1994 The South Burlington City Council held a regular meeting on Monday 3 January 1993, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: Michael Flaherty, Chairman; James Condos, John Dinklage, Robert Chittenden, William Cimonetti Also Present: Charles Hafter, City Manager; Peg Strait, Asst. City Manager; Sonny Audette, Street Dept; Margaret Picard, City Clerk; Don Whitten, WPCD; Michael Sheridan, Channel 17; Dave McLaughlin 1. Comments & Questions from the Audience, not related to Agenda Items: No issues were raised. 2. Public Hearing on Ordinance to Regulate Unmaintained Buildings; Second Reading: Mr. Condos said there was nothing in the proposed Ordinance that would allow someone to secure a building while insurance negotiations are going on. Mr. Hafter said that's done now. Mr. Cimonetti said the issue is a building becoming a "blight on the landscape." Mr. Chittenden suggested a discretionary extension, if needed. Mr. Cimonetti didn't favor that as he felt the language was permissive and city management could delay enforcement based on judgment. He didn't feel it was asking too much to demand that a person "commence to do something" within six months. Mr. Dinklage moved to approve the second reading of the Ordinance as proposed. Mr. Condos seconded. Motion passed 4-1 with Mr. Chittenden opposing. 3. Consideration of Approval of Finance & Maintenance Agreement for South Burlington MEGC 5200 (12); Williston Road Improvements Mr. Hafter said the city's share would be 2% of preliminary engineering costs, 2% of right-of-way acquisition and probably 10% of construction costs. Mr. Chittenden said he would vote for it only if he knew what the 10% figure would be. Mr. Audette said it would probably be $2-4,000,000 project cost. Mr. Dinklage said to figure $4,000,000 as a worst case. Mr. Dinklage moved to approve the finance & management agreement as presented. Mr. Condos seconded. Mr. Condos said a major criteria of that design was significant curb cut reduction on the Williston Rd. Corridor and he hasn't seen this. Mr. Hafter said an access management study has been done and the business owners have rejected it all. This is one reason the Planning Commission has asked for the joint meeting with the Council. In the vote that followed, the motion passed 4-1 with Mr. Chittenden in opposing. 4. Discussion of Property Tax Reform Proposal from Vermont League of Cities & Towns: Mr. Flaherty said the bill in the House would cause significant problems for S. Burlington and this proposal is one alternative. Mr. Dinklage said he didn't support a voucher system. Mr. Cimonetti said he did. Mr. Chittenden said he wanted to see the sales tax sunsetted. Mr. Dinklage said he didn't. Mr. Cimonetti encouraged the League to come up with a plan so there is still another alternative. 5. Discussion of Budgetary Items for FY 94-5: Regarding reappraisal, Mr. Cimonetti noted there would be no penalty to S. Burlington at this time if the city gets behind in reappraisal. Mr. Hafter said the estimate is that a house by house reappraisal would cost $300,000 and the computer appraisal system would cost about $75,000. Mr. Cimonetti felt a fund should be started for reappraisal. Regarding the Bartlett Bay Plant, Mr. Hafter noted it is at capacity now and there is no likelihood of getting state revolving loan funds as they won't fund expansion projects before pollution abatement projects. The next step is final design work. Mr. Hafter felt this work is important to the future of the city. He noted that in July there will be $240,000 in the sewer impact fee account and that might get the final design work done. Members agreed this work has to be done. Regarding highway improvements, Mr. Hafter said a level Grand List won't allow any increase in normal operating budget appropriation for road maintenance. He suggested three possible alternatives: first a traditional bond issue with a long-term debt, second a sunsetting supplemental tax which would be voter approved with revenues used only for stated work (cost to the average home would be ($45.), and third a permanent supplemental tax which could be at a lower cost. Mr. Condos suggested a possible combination of the last two alternatives. Mr. Dinklage said he would like to get public input and suggested adding it to a future agenda. Mr. Chittenden said he opposed a permanent tax. 6. Consideration of Approval of Resolution on Zoning & Comprehensive Planning: Mr. Cimonetti said the City Attorney has advised the Council to be concerned that Vermont courts haven't been very consistent in dealing with Comprehensive Plans as opposed to Zoning Ordinances. The proposed resolution is specifically to make a public statement that the City Council affirms that the Zoning Ordinance and Comprehensive Plan are both to be considered. Mr. Cimonetti noted there may be a conflict between the two documents and this document would make no admission of this or attempt to resolve it if there is. Mr. Cimonetti moved to pass the proposed resolution. Mr. Dinklage seconded it for discussion. Mr. Dinklage said the Court recognized that the Zoning Ordinance is the enforcing document and has never invalidated one or the other. He said he was uneasy about the timing of the proposed action and suggested tabling it for clarification by the City Attorney on how this would be viewed by the Court. Mr. Chittenden moved to table. Mr. Dinklage seconded. The motion passed 3-2 with Messrs. Condos and Cimonetti opposing. 7. Discussion of Tax Transfer to School system for FY 92-3: Mr. Hafter noted that this action is based on a 1977 agreement. The amount transferred was $18,776. He noted that if taxes are over-collected in the future, the funds will be retained by the city. Mr. Dinklage moved to sign the understanding prepared by Peg Strait in her memo of 27 November. Mr. Cimonetti seconded. Mr. Condos noted this is the first time this action has occurred and asked what would have happened if the amount had been $200,000. Ms. Strait said there is no evidence that the agreement was ever formally adopted. Mr. Hafter added this action was in conformance with state law and is the same in every community. He felt the Steering Committee was the proper place for this to be looked at. Mr. Chittenden asked what account it came out of. Ms. Strait said it came from general funds. In the vote that followed, the motion passed 4-1 with Mr. Chittenden opposing. 8. Update on Muddy Brook Bridge Repairs: Mr. Hafter said three firms have been shortlisted. The cost would be $10,000, with the city's share $5,000. Bids are to be returned by 12 January. The bidders are being asked to have work done within 5-10 working days and the hope is to have work done by the beginning of February. He noted that Williston was to meet on this today. Mr. Audette said he hoped the Council would pursue trying to get the bridge rebuilt this year. 9. Resignation of Bob Bennett from Recreation Path Committee: Mr. Dinklage moved to accept the resignation of Bob Bennett from the Recreation Path Committee. Mr. Condos seconded. Motion passed unanimously. 10. Minutes of 20 December 1993: Mr. Condos moved to approve the Minutes of 20 December as written. Mr. Dinklage seconded. Motion passed unanimously. 11. Zoning Board Agenda for 10 January: Mr. Condos expressed concern with all three items. He noted that in item #1, the City Center block was not intended to have this use. In item #2, this is a conditional use and he hoped the Board would consider the abutting residential neighborhood and the impact on it. In item #3, Mr. Condos noted this area of Williston Rd. is targetted for widening and any consideration of setbacks should take this into account. Mr. Dinklage agreed, especially on item #3. 12. Sign Disbursement Orders: Disbursement orders were signed. 12. Other Business: Mr. Condos announced that the Solid Waste District got the grant award today for the drop-off center. Construction will be done in the spring. As there was no further business to come before the Council, the meeting adjourned at 10:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.