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HomeMy WebLinkAboutMinutes - City Council - 01/17/1994CITY COUNCIL 17 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; Stephen Stitzel, City Attorney; Sid Poger, The Other Paper 1. Comments & Questions from the Audience, not related to Agenda Items: No issues were raised. 2. Further Consideration of Resolution on Zoning and Comprehensive Planning: Mr. Flaherty reminded members that the issue had been tabled in order to get clarification from the City Attorney. Mr. Chittenden asked the City Attorney what position the Resolution would put the city in when the issue comes to Court. Mr. Stitzel replied that it is a question of timing. Opponents in the proceeding may attempt to draw on the Resolution. Mr. Stitzel said he felt the Resolution was a statement of what guides the Planning Commission and Zoning Board at the present time. The receipt of a letter from Attorney Crampton was noted in which he referred to a possible conflict of interest on the part of the "author" of the Resolution. Mr. Cimonetti said the "author" was the City Attorney. Mr. Cimonetti then paraphrased what the City Attorney had told him, that there was evidence in the Courts reflecting exclusively on Zoning Ordinances and not giving recognition to Comprehensive Plans. It was this that prompted Mr. Cimonetti's request to bring the Comprehensive Plan to the attention of the judge when the de novo hearing is held. If this is the case, Mr. Cimonetti said he felt there should be a resolution. Mr. Stitzel said case law deals with cases where the Zoning Ordinance was very clear and the Comprehensive Plan would have allowed or prohibited something else. The Courts were asked to determine which plan should control, and the Courts ruled that the Zoning Ordinance should control in those cases. Mr. Cimonetti then asked what would happen if the Zoning Ordinance says that it will conform to the Comprehensive Plan. Mr. Stitzel said that may give the Comprehensive Plan more status. He added there have not been cases to date where this has been an issue. Mr. Stitzel then said that the Resolution on its face purports not to be part of the review in Superior Court or to address any specific issues. At the same time, he said, it is a Resolution that could be used by both sides in the issue, and this could create more ambiguity and could set the stage for the city to be more involved in litigation to explain what it meant by the Resolution. Mr. Stitzel then outlined other possible options. He said they could review cross-motions for summary judgment and decide how or what to respond. Mr. Cimonetti said he was concerned that silence might send a message. Mr. Dinklage said he felt that if there is a possibility that the proposed Resolution could be misunderstood, and since there are other means of achieving what the city wants, that he would prefer not to do it via this vehicle. Mr. Dinklage moved to bring the tabled motion back onto the table. Mr. Condos seconded. Motion passed unanimously. Mr. Cimonetti said that if the message can get to the Court by another means at a more appropriate time, and that not passing the Resolution would not send a "signal" to the Court, he was willing to withdraw his motion. Mr. Condos, the seconded, agreed to the withdrawal. 3. Discussion of 1994-5 Budget Calendar and Work Session Schedule: Mr. Hafter said the work will begin on 7 February and noted there are other major items on that agenda, including a discussion of the Dorset St. median. There will be a special budget meeting on 14 February and possible other meetings on 24 and/or 28 February. The meeting on 21 February is set for a legal holiday and may be moved to the 22nd. Mr. Hafter said there are two possible bonds or special taxes to be considered, one involving roads and the other the municipal golf course. 3. Review Agenda for Joint Meeting of Planning Commission and City Council on 31 January 1994: Mr. Cimonetti asked to add a discussion of the Planning Commission's approach to the special conditions of the Comprehensive Plan, whether or not the zoning ordinance in the Southeast Quadrant gives a density bonus for buildable land adjacent to non-buildable land. 4. Consideration of Appointment to Library Board of Trustees: Mr. Hafter advised that Albert Tremblay has applied for the vacant position on the Library Board of Trustees. Mr. Dinklage moved to appoint Albert Tremblay to the Library Board of Trustees. Mr. Condos seconded. Motion passed unanimously. 5. Other Business: a. Mr. Hafter reported on the VLCT meeting on Property Tax Reform. He said the League voted not to support the House Bill. They also voted to support retention of the extra cent on the sales tax and also to allow communities to replace part of the property tax with an income based tax and to allow local communities to impose local taxes. They voted not to consider educational issues. b. Mr. Hafter advised members that they have found the Steering Comm. Minutes which the city's policy on under-collection of taxes being used first to support the schools was passed. 6. Review Zoning Board Agenda for 1/25/94 and Planning Commission Agenda for 1/18/94: No issues were raised. 7. Sign Disbursement Orders: Disbursement Orders were signed. 8. Sewer Concerns at the Humane Society: Mr. Dinklage advised members that the septic systems at the Human Society are not functioning properly and the Society has asked to go onto the city system. Mr. Dinklage noted there is a capacity problem on the city system and asked the administration to look into creative ways to find a solution. 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.