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Minutes - City Council - 02/26/2013
CITY COUNCIL 26 FEBRUARY 2013 The South Burlington City Council held a special meeting on Tuesday, 26 February 2013, at 4:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie Also Present: R. Rusten, Interim Acting City Manager; P. Conner, Director of Planning & Zoning; K. Murray, Planner; Chief D. Brent, Deputy Chief T. Francis, Fire Department; A. Lafferty, City Attorney; B. Cimonetti, M. Simoneau, R. Kay, P. Nowak, B. Bull 1. Agenda Review: No changes were made to the Agenda. 2. Comments & Questions from the Audience, not related to Agenda items: Mr. Cimonetti read a letter expressing concern regarding the final settlement with the former City Manager. He asked that there be a meeting prior to the budget vote at which all the details of the settlement are presented to the public. 3. City Council to Ratify & Confirm decision to purchase, under section 13-103(b) of the City Charter, 60.7 +/- acres of property, known as Marie Underwood Revocable Trust, utilizing the City’s Open Space Fund: Mr. Conner reviewed how the Open Space Fund works and explained the history of this property. He noted that the Natural Resources Committee matrix was used to help determine the value of the land. Following staff discussions with the land owner, the land was appraised. Plans for the property are to be decided. Mr. Rusten noted that following this purchase, there will be $50,000 left in the Open Space account, and after three years, that amount will have increased to about $200,000. Mr. Rusten also noted that the city’s purchase of the property means about $4,0005,000 of lost tax revenue. Mr. Engels then moved to ratify and confirm the decision to purchase +/-60.7 acres of property known as Marie Underwood Revocable Trust, including an initial payment of $1,000,000. Ms. Dooley seconded. The motion passed 4-0. 4. Council to Consider Settlement Agreement and Consent Decree for JAM Golf, LLC, and Highlands Development Co., LLC, Master Plan litigation stipulated judgment order for JAM Golf, LLC, Long Drive subdivision, litigation, and the associated anticipated land exchange: Ms. Lafferty said this is a follow-up to the city vote in which voters authorized the transfer of land at the corner of Dorset Street and Dorset Park land. This will settle two pieces of Environmental Court litigation. Ms. Dooley moved to approve the settlement agreement, consent decree and the five exhibits as presented and to authorize the Chair to sign the Agreement. Ms. Mackenzie seconded. Motion passed 4-0. 5. Interim Zoning - Deliberative Session: A. Closed Public hearing: Interim Zoning Application #IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road: Members considered whether to reopen the hearing because of new information about agricultural soils and possible consultation with the form based codes consultant. Mr. Engels moved to reopen the hearing specifically for the form based codes consultant to come in regarding implications for form based codes and soils. Ms. Greco seconded. Motion passed 3-1 with Ms. Mackenzie voting against. b. Closed Public Hearing: Interim Zoning Application #IZ-12-14, Pizzagalli Properties, LLC; raze existing Liberty Inn Suites and construct 32,000 sq. ft. general office building and parking, 462 Shelburne Road: Mr. Engels moved to approve IZ-12-14 subject to the provisions in the draft Findings. Ms. Mackenzie seconded. Motion passed 4-0. 6. First Reading of Fire Ordinance, with scheduling of Public Hearing: Mr. Engels moved to waive the reading. Ms. Dooley seconded. Motion passed 4-0. Deputy Chief Francis indicated that the Fire Ordinance had not been updated since 1970, and there have been a number of changes made by the State which the city needs to adhere to. In some instances, the city’s Ordinance is more restrictive than the State’s. There is also a new fee schedule which is the same as that of the City of Burlington. Mr. Engels moved to set a public hearing for 18 March 2013. Ms. Dooley seconded. Motion passed 4-0. 7. Council to Discuss the Date for the First City Council meeting after March Town Meeting: Members agreed to hold the first Council meeting after the March Town Meeting on 11 March 2013, with an executive session at 5 p.m. and a regular session at 6 p.m. There will be no regular City Council meeting on 4 March. 8. Council to Approve Special Event Permit, Magic Hat, March 17, 2013: Ms. Dooley moved to approve the Special Event Permit for Magic Hat as presented. Ms. Mackenzie seconded. Motion passed 4-0. Ms. Mackenzie moved to adjourn. Ms. Dooley seconded. Motion passed 4-0. The meeting was adjourned at 6:40 p.m. ___________________ Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.