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HomeMy WebLinkAboutAgenda - City Council - 02/19/2008 0< rt+idopPopp,•4 `' City of South Burlington ��4 575 DORSET STREET s�•� ��i��l'%It '���j SOUTH BURLINGTON,VERMONT 05403 f ♦7. `O AGENDA SOUTH BURLINGTON CITY COUNCIL CHAMBERLAIN SCHOOL CAFETERIA 262 WHITE STREET SOUTH BURLINGTON, VERMONT REGULAR MEETING 7:00 P.M. TUESDAY, FEBRUARY 19, 2008 1) Comments and Questions from the public(not related to the Agenda). 2) Announcements and City Manager's Report. 3) Public questions and comments on Airport Parkway Treatment Plant renovation and expansion. 4) Discussion with Recreation Path Committee on options for extending the recreation path north of Williston Road, Lou Brezees Committee Chair. 5) Continued discussion of impact of Burlington International Airport on neighborhoods, Mike Flaherty, SB Commissioner, Brian Searles, Airport Manager. 6) Report on Airport Parkway-Ethan Allen Road intersection, Bruce Hoar, Public Works Director * 7) Consider Approval of Amendment No. 8 to Cooperative Agreement South Burlington NH 121-1(1), Kennedy Drive. * 8) Review agenda for Development Review Board meeting to be held on Tuesday, February 19, 2008. * 9) Review agenda for Planning Commission meeting to be held on Tuesday, February 19, 2008. * 10) Review and approve minutes from regular City Council meeting held on February 4, 2008. * 11) Review and approve minutes from special City Council budget session held on February 6, 2008 12) Sign disbursement orders. * 13) Consider entering Executive Session to discuss real property acquisition and litigation. 14) Adjourn Respectfully Submitted: • Lt/ -66f ' /<4.-c.e.---g- Denis Gravelin, Assistant City Manager 4,� ytN Lowfto)pt O Y' _ `f City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 \ TOWNJ February 19, 2008 Chairman and City Council City of South Burlington South Burlington, VT 05403 RE: Consideration of approval of Amendment No. 8 to Cooperative Agreement South Burlington NH121-1(1), Kennedy Drive Project To all Members: Attached please find a copy of Amendment No. 8 to the Cooperative Agreement between the State and City regarding the Kennedy Drive project. This project is being funded with Federal (81.08%), state (8.92%) and local (10%) support. The total cost estimate is set at$15,450,000, from which the City's share is set at$1,529,700, an increase to the City of$141,030 from Amendment No. 7. Items driving this amendment include overruns in quantities, replacement of the east-end water line (for which the SB Water Department will provide its reserves for the local share), slope stabilization on Kimball Avenue, and slip-lining repair of the 48" culvert just east of the Hinesburg Road intersection. We recommend that you sign the amendment. /Lc Denis P. Gravelin Assistant City Manager 011111114k\ South Burlington Public Works { .,,��1rl; )t, 575 DORSET STREET r �I�` •;ti % SOUTH BURLINGTON,VERMONT 05403 ti = TEL:(802)658-7961 OFFICE 11471411111011 FAX:(802)658-7976 104 LANDFILL RC TO: Chuck Hafter, City Manager FROM: Bruce K. Hoar, Director Re: Amendment#8 to Cooperative Agreement South Burlington NH 121 — 1(1) Amendment#8 to the agreement brings the total Project cost to$15,280,000. This equates to a total City share of$1,528,000. The original contract cost from Amendment#6 was$11,137,000 so the municipal share was $1,113,700. The increase was due to many reasons. Two reasons were the addition of the east end water line that was added to the project at a cost of$308,926 and the unexpected repair/lining of a 48" pipe under Kennedy Drive at a cost of over $103,000. One half of the cost increase can be directly attributed to construction activities. The other half is attributed to construction engineering cost. The original agreement for construction services was around $800,000 and is now$2.5 million. Most of this increase was the result of Consultant Engineering/Inspection Services brought onboard the project because of the increased oversight that was needed. LOCAA. %/me"#64fe..`1 7 /V,4 3 f 7 3 g2 c,O y1 � g /S 1Sb, D(-0 / va 519 I o'1, /e? 2917 A �4' /S//j D 3o VERIVIONT State of Vermont Agency of Transportation Finance&Administration Contract Administration One National Life Drive [phone]802-828-2641 Drawer 33 [fax] 802-828-5545 Montpelier,VT o5633-5oca www.aot.state.vt.us December 6, 2007 Ms. Donna Kinville, City Clerk City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: SOUTH BURLINGTON NH 121-1(1) Dear Ms. Kinville: Enclosed, please find the original of Amendment #8 to the Cooperative Agreement for the above referenced project. We respectfully request that you have the Amendment signed by the proper authority and witnessed where required. Please do not date page one of the Amendment. This will be accomplished by our office after the Amendment has been signed by the Secretary of Transportation. Your cooperation in expediting the signing and return of the original in the enclosed self-addressed envelope will be greatly appreciated. Also, please include a billing form, complete with your signature. In accordance with Title 32, Chapter 17, Section 1671, V. S. A., the maximum recording fee is $8.00 per page. As soon as we receive your fee voucher, it will be forwarded to the proper authorities for processing. We appreciate very much your cooperation in this matter. Once the Amendment is fully executed it shall be returned to you for recording along with the remittance for the recording fee. Should you have any questions or concerns, please contact me at 802-828-2641. Sinc , n Winter Special Agreements Administrator Enclosure ',, t 'l'irkivtoGdYouTleW . := CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD uthur_Iiingion tiro;� AGENDA Tuesday, February 19, 2008 Regular Meeting 7:30pm City Hall Conference Room 1. Other business/announcements. 2. Minutes of January 22, 2008 and February 5, 2008. 3. Continued sketch plan application #SD-07-69 of Pizzagalli Properties LLC to subdivide a 14.5 acre parcel into three (3) lots of 1.01 acres, 5.76 acres, and 7.77 acres, Old Farm Road &Tilley Drive. 4. Continued conditional use application#CU-07-09 of L.E. Farrell Co., to change the use of a 94,000 sq. ft. manufacturing building to warehousing, processing, storage and distribution use, 20 Karen Drive. 5. Continued site plan application #SP-07-83 of L.E. Farrell Co., to change the use of a 94,000 sq. ft. manufacturing building to warehousing, processing, storage and distribution use, 20 Karen Drive. 6. Site plan application #SP-08-10 of Trench Boxes, Etc. to amend a previously approved plan for a lot used for outside storage. The amendment consists of providing a 30 foot wide right-of-way to provide access to the rear portion of 80 Ethan Allen Drive, 82 Ethan Allen Drive. 7. Continued preliminary plat application#SD-08-01 &final plat application #SD-08- 02 of Trench Boxes, Etc. for a planned unit development to re-subdivide a 41,365 sq. ft. lot developed with three (3) buildings into two (2) lots of 21,815 sq. ft. & 19,550 sq. ft. , 80 Ethan Allen Drive. 8. Continued preliminary plat application#SD-08-03 &final plat application #SD-08- 04 of South Village Communities, LLC to amend a previously approved planned unit development of Phase I consisting of 156 residential units and a 100-student educational facility, of a 334 residential unit project. The amendment consists of: 1) reducing the front yard setback from 10' to 5', and 2) adding utility cabinets, 1840 Spear Street. 9. Continued appeal#AO-07-04 of Veve Associates, appeal the decision of the Administrative Officer to issue Notice of Violation#NV-07-18, 435 Dorset Street. - 1 - CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 140 southburlingion 10. Continued preliminary plat application #SD-07-76 &final plat application #SD-07- 77 of Chittenden Bank re-opening the hearing to amend a previously approved planned unit development of a 704,655 sq. ft. GFA shopping complex with 618,846 sq. ft. of GLA. The amendment consists of: 1) razing a 4879 sq. ft. drive- in bank, 2) constructing a 7310 sq. ft. drive-in bank, and 3) installing a 1330 sq. ft. temporary drive-in bank. This hearing is being reopened to correct errors in the decision dated 12/13/07, 55 & 155 Dorset Street. 11. Conditional use application #CU-08-01 of The Roman Catholic Diocese for the expansion to the Resurrection Park Cemetery. The proposal involves: 1) site preparation for additional grave sites, 2) construction of columbarium, and 3) construction of new internal roadways, 160 Hinesburg Road. 12. Site plan application#SP-08-06 of The Roman Catholic Diocese for the expansion of the Resurrection Park Cemetery. The proposal involves: 1) site preparation for existing grave sites, 2) construction of columbarium, and 3) construction of new internal roadways, 160 Hinesburg Road. 13. Final plat application #SD-08-06 of CEA Properties, LLC to amend a previously approved planned unit development consisting of three (3) 7200 sq. ft. general office buildings and a 1000 sq. ft. detached accessory structure. The amendment consists of a waiver to increase the height of the detached accessory structure by 1.2 feet for a total height of 16.2 feet, 10 Mansfield View Lane. 14. Sketch plan application #SD-08-08 of Merchants Bank for a planned unit development to amend a previously approved plan for a 100,932 sq. ft. retail building (40, 205 sq. ft. vacant), and a 724 sq. ft. bank with a drive-through facility. The amendment consists of: 1) enlarging the bank's leased parcel to 1.02 acres, 2) razing the existing bank building, and 3) constructing a new 2121 sq. ft. bank building with a drive-through facility, 929 Shelburne Road. Sinc- - dor Aibfl P.r; Administrative Officer - 2 - SOUTH BURLNGTON PLANNING COMMISSION 575 Dorset Street South Burlington,VT 05403 Meeting Tuesday, February 19, 2008 7:30 PM City Hall Conference Room, 575 Dorset Street AGENDA: 1. Other business &director's report 2. Recap of growth centers discussion with State "Planning Coordination Group" and review of options for prime ag mitigation 3. Start update of official map Res.ectfully submitted, k fitok Juli Be . ' inds,AICP Director .f Planning&Zoning The next Planning Commission meeting will be Tuesday, February 26th at 7:3o PM. City of South Burlington Official Map Adopted io/19/92 Last Revised o2/08/02; ." Ir ,11.; • • • I r i 16 Existing Parks and Open Spaces 1 C Proposed Parks and Open Spaces rU Existing Recreation Path/Pedestrian Trail 1 Proposed Recreation Path/Pedestrian Trail ` �,' Proposed Roads,On-Ramps,and Off-Ramps . °' t. __\ In ," 'A , Parcel Boundary ' ill 4 a.� +...a �/ s a4,t.. • Water Body ?�,. �+ �r t • Stream Centerline 1�/r P Proposed Public Parking Facility y �T 1 S Proposed Public School 's i. • i I r f r)a . 1\ . ..... .........., ter. P b. + 8V*6 • ;n,�, ti 1 NI • f• , ./////, �a..•••••0••••••••••••••••••.•••• .,,,, : ,....::: r • imiiiiii:iiiitill ,,,, 1 • • 7nrmr: 4. • y�yaPR,ma(heMh Bart.dhW119Ya 9v *IAMr4m.W mpel..alr ow) • I rs,.,, raaem,.arw.asWq.,,rJtr L-31.113.317 • bfle al.meaa.te t,.swlr . vaw e Nabs. N TY 00000 NP^fm1 pubic halals as*onno*sk • M31:NWfvia•Y 4a1 p4“. k does asea.mlkalrsalap 0,W� 1a0f m00'O,YYM tqw,-baaeJeYM ielemaim,a. ~b jdy�'I�W�.r��,a�"Vsakl�"V„ 1Msh Confer 7lm'.Mk 4yR3.01 1 .—o ia�o u�momy�tilaM�mlms �ate�.•�a.rm,m� • 1 4wala�ay.000•r.�4,aam lmisnW roam. 4aCo.kn1la�lamMiMem.Wacarn .Ud Dilahloul W tw+mewsaWWadaimhi-ha .3 o w Kilo ...ate+m�n.i«nwe.rn:a►al..a,. Ydwwkp ma GoWelm/s Ka Yap r. i ow.. aq.ir,s..wuy.0.na.sm.. t�ia ab,�..�hkcamfeabcf0r..,ti.s1p q.,s ml,. tm,ok••many b;1� a�.,ti+aa..k.. .yh me,,,woefd.l�v�m. 1ia�al.'�...��wlr :, ,,,•• 7aa1msalmamaa !�I.k.w4.s.tii..�AQOa,C�..�a.r•ik.M ymW� .. Partnership for Youth and Community Empowerment 359 Dorset Street • South Burlington, VT 05403 • 802-651-4001 Feb. 2, 2008 Fire Chief Douglas Brent South Burlington Fire Department 575 Dorset Street South Burlington, VT Dear Chief Brent, I wish to bring to your attention a special honor recently presented to a member of your department. On January 24,Mobius,the Chittenden County mentoring movement,hosted a breakfast at Burlington's Hilton Hotel recognizing individuals who have done an outstanding job as a volunteer mentor. Ken Dattilio was recognized for his service with our Reach for the Stars mentoring program. As our"Mentor of the Year"Reach for the Stars celebrates dedication,positive attitude and caring Ken brings to his mentoring. Despite the challenges of being a fulltime fire fighter he makes time for weekly visits to his mentee. As further evidence of his big heart Ken choose to take on another mentee. He's developed strong relationships with both boys,who look forward to his weekly visits. School staff has commented on seeing positive changes in both boys. As a fire fighter Ken could have easily lay claim that he's too busy to be a mentor. A changing shift schedule,the daily lob stress,physical and emotional,there are many reasons why Ken couldn't be mentor. But he chose to give his time and has become a real asset to our program and a very important person to two young boys. Ken's willingness to go far beyond minimum expectations and make his gift of time one clearly from the heart is a model in a time when it is too easy to say we are too busy to give to our community. I ask that you join us in honoring Ken Dattilio Re ds Dennis McBee Executive Director PYCE cc Chuck Hafter, City Manager Ken Dattilio z� .2,) _ vc .1 , 1 VERMONT DEPARTMENT OF TAXES 2007 Local Option Sales Tax - So. Burlington Information QUARTER RETURNS TAX 70% OF TAX MINUS FEE TOWN CHECK QTR. ENDING PROCESSED COLLECTED COLLECTED ($10.80/rtn x 70%) AMOUNT 1 03/31/07 N/A N/A N/A N/A N/A 2 06/30/07 N/A 4 N/A N/A N/A N/A 3 09/30/07 11 $4,789.96 $3,352.97 $83.16 $3,269.81 4 12/31/07 2,101 $776,825.37 $543,777.76 $15,883.56 $527,894.20 2,112 $781,615.33 $547,130.73 $15,966.72 $531,164.01 0 fig VERMONT DEPARTMENT OF TAXES 2007 Local Option Sales Tax - So. Burlington Information QUARTER RETURNS TAX 70% OF TAX MINUS FEE TOWN CHECK QTR. ENDING PROCESSED COLLECTED COLLECTED ($10.80/rtn x 70%) AMOUNT 1 03/31/07 N/A N/A N/A N/A N/A 2 06/30/07 N/A N/A N/A N/A N/A 4 4 4 3 09/30/07 11 $4,789.96 $3,352.97 $83.16 $3,269.81 4 12/31/07 2,101 $776,825.37 $543,777.76 $15,883.56 $527,894.20 2,112 $781,615.33 $547,130.73 $15,966.72 $531,164.01 ,S�? b0s.1 s 1°r VERMONT DEPARTMENT OF TAXES 2007 Local Option Meals Tax - So. Burlington Information QUARTER RETURNS TAX 70% OF TAX MINUS FEE TOWN CHECK QTR. ENDING PROCESSED COLLECTED COLLECTED ($10.80/rtn x 70%) AMOUNT 1 03/31/07 N/A N/A N/A N/A N/A 2 06/30/07 N/A N/A N/A N/A N/A 4 3 09/30/07 1 $35.00 $24.50 $7.56 $16.94 4 12/31/07 358 $283,011.76 $198,108.23 $2,706.48 $195,401.75 359 $283,046.76 $198,132.73 $2,714.04 $195,418.69 VERMONT DEPARTMENT OF TAXES 2007 Local Option Meals Tax - So. Burlington Information QUARTER RETURNS TAX 70% OF TAX MINUS FEE TOWN CHECK QTR. ENDING PROCESSED COLLECTED COLLECTED ($10.80/rtn x 70%) AMOUNT 1 03/31/07 N/A N/A N/A N/A N/A 2 06/30/07 4 N/A N/A N/A N/A N/A 3 09/30/07 1 $35.00 $24.50 $7.56 $16.94 4 12/31/07 358 $283,011.76 $198,108.23 $2,706.48 $195,401.75 359 $283,046.76 $198,132.73 $2,714.04 $195,418.69 S°utM.u.t.M.r°M„ A)V it ti/, ` r U I C ti� J ~O9 t City of South Burlington 60 .1//,�1��IVi1�� 575 DORSET STREET 1` .0-1t .,. SOUTH BURLINGTON, VERMONT 05403-6260 1111111111 .('"toa iOWM _ FIRS SECOND CLASS D CABARET LICENSE APPLICATION FULL NAME OF PERSON, PARTNERSHIP, CORPORATION ,PV( 'Y9 I l - . L. i11 , 1fG . I -ley-1.- 4kir , DOING BUSINESS AS/TRADEN E .111 O�! l ��f 5 1r ADDRESS ..,�r,� � 1&,/ !iv 1/1I2r Vet -761dqd . FIRST CLASS SECOND CLASS CABARET DATE RECEIVED,BY CLERKS OFFICE ef5an . I atos Sou B rlington Police Dep tmen /1 eArrz 5 D JIS-200$ Chief Trevor S. Whipple Date uth<Burli1ngton F' Department ..Ag/oV Chief Douglas S. Brent ate South Burling/n)Tax Depa . ent �� j line (Or M a Lyons, Deputy Tax ollector Date Date Sent to Montpelier: 20 -0e-g FIRST/SECOND CLASS LIQUOR LICENSE APPLICATION License Year: May 1st through April 30th of following year Please file application in duplicate Pat F 11 Naktanieitof Person, Part rsh p., Corporation, Club or LLC ekividi DoingBusiness As -Trade Name n /s o l &)1 t ( 1 5'#-o-n Kca Street and street number of premises covered by this,pplication Sr,c-4 - c 1 Y5r. 4-i i V T. O 5(/bJ� Town or City& Zip Coble a,L- iciin Telephone Number T.o, 1 Ga cr.i/b, . 09418 Mailing Address (if different from above) ❑ FIRST CLASS X SECOND CLASS ❑ RESTAURANT ❑ HOTEL Fee for ANY FIRST class license paid to town/city$100.00/Fee to DLC$100.00 ❑ CABARET Fee for SECOND class license paid to town/city$50.00/Fee to DLC$50.00 ❑ CLUB TO THE CONTROL COMMISSIONERS OF THE TOWN/CITY OF 6 .k-ck.Q 1 ERMONT Application is hereby made for a license to sell malt and vinous beverages under and in accordance. ith Title 7, Vermont Statutes Annotated, as amended, and certify that all statements, information and answers to questions herein contained are true; and in consideration of such license being granted do promise and agree to comply with all local and state laws;and to comply with all regulations made and promulgated by the Liquor Control Board. Upon hearing, the Liquor Control Board may,in its discretion, suspend or revoke such license whenever it may determine that the law or any regulations of the Liquor Control Board have been violated, or that any statement, information or answers herein contained are false. MISREPRESENTATION OF A MATERIAL FACT ON ANY LICENSE APPLICATION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE LICENSE,AFTER NOTICE AND HEARING. If this location was previously licensed,please indicate name ':-,.vi'- 'y '*11..- I/we are applying as: ❑ INDIVIDUAL ❑ LIMITED LIABILITY COMPANY ❑ PARTNERSHIP CORPORATION Please fill name,address, social security number, date and place of birth of individual,partners, or directors or members. LEGAL NAME STREET/CITY AND STATE PLACE OF BIRTH 1 ed.e 1 E J , a.1 t kid -* 3 5 ST. 4 l to ci -1 s rT i o 5 cf 7 R S<<{4 l 19ct ,S V r V) 1- . \CC L( e RR 9- 1 - age 5r,J41 be A'l c1 lir 0917 X <57-,14/1 4d sV-1 Roan1ph /14. Vccii•et ic(40 Speyr Sr. Skr_i burn eJr0SY8 . 5/-.Af! Vr Are all of the above citizens of the United States and residents of VERMONT? X Yes No (Note: Resident Alien is not considered a U.S. Citizen) If naturalized citizen please fill out the following: Name Court where naturalized/Location (City, State,/Zip) Date Motor Vehicle Violations irectbr or stockholder been convicted or pleaded guilty to any criminal or motor vehicle offense in any"court Yes _No leale complete the following information: a Name of Court Offense Date ,.Rodolphe J. Franklin County •Si le intoxication 11/21/1957 , Rodolphe J. Franklin County Failure Display Boat Reg 0T/27/1979 • Timothy L. Vermont VSL • 12/31/1956 Timothy L.L. Vermont /1987 Vermont VNI 09/09/1987 , Timothy L. Vermont 12/17/1987 Timothy L. Yprmont FR 05/18/1988 , Timothy L. Vermont ES 05/16/1990 , Timbthy L. Vermont VSL ounnoot , Rodolphe M. Vermont SO1 ;01 , Rodolphe N. Vermont BR , Rodolphe N. Vermont ISL 01/05/1999 q; n1okt-L1 G-. �� rAo✓l` Please complete and include with your liquor license application Applicant/s Personal Information Please fill in for Individual,Partners,or Directors Le6a1 Name (Please print or type) Sex SS# Date of Birth Raciol Gre Vallee Yvl OO9 -ag- 59 e 7 37 kV! o L . VC-1 11/l oo9 - 11SJ39Ii S/f4/64 Fodo fphe n'l . 110 1 C'eA YVI Uo$ - 34. -533'7 S/1/eo Stockholder/s Personal Information Please fill in for Stockholder Legal Name Please print or type) Sex SS# Date of Birth T rvrn o�-f.� L • V a ..1 e 144 ©O tf d- 3 Y i q /ci/G 2cirh (fJke iVt , V'a .%e_e YY• Oo8- 3 3 'i 51a9/66 attach additional sheet if necessary FIRST CLASS APPLICANTS: No first class license may be issued without the following information. HEALTH LICENSE # : Food Lodging (if licensed as a Hotel) VERMONT TAX DEPARTMENT: Meals & Rooms Certificate/Business Account # Business is devoted primarily to: (Circle one) FOOD (restaurant) ENTERTAINMENT (cabaret) HOTEL CLUB If you are considering Outside Consumption service on decks, porches, cabanas, etc. you must complete an Outside Consumption Permit. Please request this form from your Town/City or from the Department of Liquor Control. Will applicant apply for a third class (spirituous liquor) license? Yes No CABARET APPLICANTS ONLY: Applicant hereby certifies that the sale of food shall be less in amount or volume than the sales of alcoholic bev- erages and the receipts from entertaining and dancing; if at any time this should not be the case, the applicant/licensee shall immediately notify the Department of Liquor Control of this fact. Signature of Individual, Partner, or authorized agent of Corporation. ALL APPLICANTS MUST COMPLETE AND SIGN BELOW The applicant(s) understands and agrees that the Liquor Control Board may obtain criminal history record information from State and Federal repositories prior to acting on this application. I/We hereby certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date of this application. (VSA, Title 32, §3113). In accordance with 21 VSA, §1378 (b) I/We certify, under pains and penalties of perjury, that I/We are in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due to the Department of Employment and Training. If applying as an individual: I/We hereby certify that I/We are not under an obligation to pay child support or that I/We are in good standing with respect to child support or am in full compliance with a plan to pay any and all child support payable under a support order. (VSA, Title 15, §795) Dated at t I hao S in the County of (—Vse vL [C (%n and State of Vcif 040 pc-f- this / day of t),Y� , 200 8 Corporations/C bs: Signature of Authorized Agent Individuals/Partners Signature (All partners must sign) i ( itle) CORPORATE INFORMATION If you have checked the box marked CORPORATION, please fill out this information for stockholders (attach sheet if necessary). LEGAL NAME STREET/CITY AND STATE PLACE OF BIRTH TvyL01411 L• kfcdlee (mookaS 5r. A 1106 s fTcs4Z , 5t•41 ba.As Vi— "Rocie t911� YYL \icaLLee 1 c coo SpecLr57-. Shelburne_ 5-7. Albin Vt Date of incorporation /al a 71 vac(G ( is corporate charter now valid? S Corporation Federal Identification Number �3- as I --C3 Have you registered your corporation and/or trade name with the Town/City Clerk? nf. and/or Seceretary of State? ye S . (as required by VSA Title 11 1621,1623& 1625). ALL APPLICANTS HAVE ANY OF THE APPLICANTS EVER BEEN CONVICTED OR PLEAD GUILTY TO ANY CRIMINAL OR MOTOR VEHICLE OFFENSE IN ANY COURT OF LAW (INCLUDING TRAFFIC TICKETS BY MAIL)? YES __ NO If yes, please complete the following information: (attach sheet if necessary) Name Court/Traffic Bureau Offense Date �CLk 2h Do any of the applicants hold any elective or appointive state,county,city,village/town office in Vermont(See VSA,T. 7,Ch. 9, §223)? Yes x No If yes,please complete the following information: Name Office Jurisdiction Please give name, title and date attended of manager, director, partner or individual who has attended a Liquor Control License Education Seminar, as required by Education Regtlation No. 3: _ NAME: (-)--14- -1--Cx.4?Se Yl TITLE: G art e ✓/l_( mo.14 2 r' DATE: ;1. n �co- 6r( (If you have not attended a Education Seminar prior to making application,please contact your Liquor Control Investigator in your area regarding this mandatory training.) FOR ALL APPLICANTS: DESCRIPTION/LOCATION OF PREMISES (Section 4) Description of the premises to be licensed: 5--+v ?oc 41 ` j+. Q Does the applicant own premises de /)\ft, If not owned, does applicant lease premises? If leased,name and address of lessor who holds title of property: 1 g55� 01[(i 6 � a > .. V`r— osyo` Are you making this application for the benefit of any other party? (� - J C Upon being satisfied that the conditions precedent to the granting of the license as provided in Title 7 of the Vermont Statutes Annotated, as amended, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Liquor Control Board for suitable action thereon, before any license may be granted. For the information of the Liquor Control Board,all applications shall carry the signature of each individual commissioner registering either approval or disapproval. Lease or title must be recorded in town or city before issuance of license. czt•`-Avy1 iev Vermont, I *-14 1al>Dg Town/City Date APPROVED DISAPPROVED Approved by Board of Control Commissioners of the City or Town (circle one) of�0:6Ud''ilQ j'(,r--1 Total Membership members present 4*-2~....ait. Attest, City or Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPLICATIONS DIRECTLY TO THE DEPARTMENT OF LIQUOR CONTROL, GREEN MOUNTAIN DRIVE, DRAWER 20, MONTPELIER, VERMONT 05620-4501. If application is disapproved, local control commissioners shall notify the applicant by letter. No formal action taken by any agency or authority of any town board of selectmen or city board of aldermen on a first or second class application shall be considered binding except as taken or made at an open public meeting. VSA Title 1 §312. NOTICE: After local action, all new applications are investigated by the Enforcement and Licensing Division prior to approval/disapproval of the license by the Liquor Control Board. . SECTION 5111 AND 5121 OF THE INTERNAL REVENUE CODE OF 1954 REQUIRE EVERY RETAIL DEALER IN ALCOHOLIC BEVERAGES TO FILE A FORM ANNUALLY AND PAY A SPECIAL TAX IN CONNECTION WITH SUCH SALES ACTIVITY. FOR FURTHER INFORMATION, CONTACT THE BUREAU OF ALCOHOL,TOBACCO AND FIREARMS (TTB) (513) 684-2979 DEPARTMENT OF THE TREASURY • 550 MAIN STREET, CINCINNATI, OH 45202 EXECUTIVE SESSION MEMORANDUM February 19, 2008 TO: Chair and City Council FROM: Denis Gravelin, Assistant City Manager SUBJECT: Litigation and property acquisition Please be prepared to discuss the following in Executive Session. a) Litigation: City Attorney Joe McLean will update the Council on the VELCO/East Avenue Loop process currently before the Public Service Board. Enclosed is correspondence to the PSB from Joe, indicating the City's current position in this matter. b) Real property acquisition: Representatives from VHB would like to discuss City Center and the possible need for taking Right of Way essential to the project. Leo Roy and Greg Bakos of VHB plan to present to you a detailed listing and map of the issues. I've included with this memo a draft list of those issues that VHB is working from. STITZEL, PAGE &FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O.BOX 1507 BURLINGTON,VERMONT 05402-1507 (802)660-2555(VOICEITDD) STEVEN F.STITZEL FAX(802)660-2552 or 660-9119 OF COUNSEL PATTI IL PAGE* W W W.FIRMSPF.COM JOHN H.KLESCH • ROBERT E.FLETCHER E-MAIL(FTRM2555@FIRMSPF.COM) JOSEPH S.McLEAN WRITER'S E-MAIL(JMCLEAN@FIRMSPF.COM) AMANDA S.E.LAFFERTY WRITER'S FAX(802)660-2552 WILLIAM E.ELENDER _.I (•ALSO ADMITTED IN N.Y.) February 13,2008 Susan Hudson,Clerk Vermont Public Service Board 112 State Street • Montpelier,VT 05620-2601 Re: PSB Docket No. 7314—East Avenue Loop Dear Mrs.Hudson: I am writing on behalf of the City of South Burlington. By this letter,the City wishes to inform the Hearing Officer that it does not intend to pursue its request for single pole,double circuit construction near the Country Club Estates neighborhood and,consequently,that it will not move the admission of its pre-filed testimony related to that issue during the technical hearings scheduled for March 2008. The City's decision not to request a design modification to the proposed 115 kV transmission line in the Country Club Estates area should render moot Petitioners'pending objection to the pre-filed rebuttal testimony of N.Dag Reppen,the City's expert witness,and significantly reduce the time required for hearings in this case. The City wishes to emphasize that its decision regarding the double circuit tower issue should not be construed as an indication that the City is unconcerned about the aesthetic impact of the EAL project on Country Club Estates and on views from adjacent public highways. The City remains concerned about the aesthetic impact of the project on this densely populated residential area and on the"impressive"views of the Green Mountains evident from surrounding roadways. However,it has concluded that the costs and risks associated with litigating the double circuit tower issue outweigh any aesthetic benefit that may be achieved through the use of double circuit towers at this location. Further,the City understands that the Hearing Officer and Board will closely examine the adequacy of Petitioners'proposed aesthetic mitigation landscape plans for this area prior to issuing a CPG,and that the Board has the authority to require a post-construction evaluation of the effectiveness of any proposed mitigation plantings. • The City believes that the Hearing Officer and Board should take steps to insure that the proposed mitigation plantings,both within and outside Petitioners'right-of-way,will be adequate and effective over the long-run in this sensitive area. To be clear,the City does intend to participate in the technical hearings in this case,and will move to admit(presumably by agreement)those portions of its pre-filed testimony that are Susan Hudson,Clerk Vermont Public Service Board February 13,2008 Page 2 not related to the double circuit construction issue,including the testimony from Mr.Eiseman regarding the impact of the project on WVPD's Muddy Brook Park. (The parties appear close to a stipulation regarding the treatment of WVPD lands;the City's testimony will form part of the factual basis for that stipulation. Additional agreementslstipulations between the parties may also follow.) Under the circumstances,however,it does not appear that this case will require more than one day of hearing,depending,of course,on the extent of Board questions and any unanticipated issues that may arise. The parties have recently circulated!a proposed schedule for technical hearings, and it appears that there is consensus that technical hearings should begin on March 6,2008,with any additional hearing time(if necessary)occurring on March 10. (I understand that Ms.Hayden and Mr.Dodge have a conflict on March 7,2008). Finally,the Hearing Officer has scheduled an in-person status conference for 9:30 a.m. on.Friday,February 15,20'08,at the City's request. This conference was to address scheduling of the technical hearings and other matters. Under the circumstances,the City and Petitioners' agree that it is reasonable to reschedule or cancel the scheduled conference,or to conduct the same telephonically,to avoid imposing unnecessary costs and burdens on the parties and the Board. If the status conference is rescheduled,both Ms.Hayden and I are available during the week of February 18,2008,and request that any conference be conducted telephonically. Thank you for your attention to this matter. Please let me know if you have any questions. in el r ph S.McLean cc: Service List VELCO-EAL-LTRTOPSB.doc 1 The undersigned attempted to contact DPS'counsel to discuss the content of this letter,but Mr.Cotter was not available. The City expects that he will respond appropriately upon his return to the office. City Center legal and land transaction steps-initial outline City of South Burlington acquires the entire lands of Michael Peters on Hinesburg Road at Market Street for purposes of public road construction. City of South Burlington acquires the entire lands of The Orchid Chinese Restaurant for purposes of public road construction. City of South Burlington acquires the entire lands of Accent Travel at Williston Road and White Street for purposes of public road construction and inter tion improvements. City of South Burlington acquires approximately 4,000 S• . . om Mery Brown along Market Street to create sufficient turning lanes a tt £ ,,n of Market and Dorset. Munson conveys land to City of South Burlin' � ' tormwater —,; '-± ent and wetland/riparian corridor enhancement p •; Land can be owned fee by City for • .oses Land can be held under ea v- -'ent In either case, Munson s ',, rights a d for purpose of calculating allowable coverage and density Munson conveys land t.,,�'i of So, 4 4 �� ' - t ,- purpose of roadways and associated public is Right . ` ill in = sidewa up to building line Right o *• - s e ket&Cross Muns, . • °a f Sol'' 6 lington for the purpose of creating a public Pl. ' co'' +arket&Cross streets Ci , • Bur onv- the lands within the current right-of-way of Market Street , ti s o to s quired for roadway purposes to Munson. Developme ` ;:`state Issues/Options: City of South B ngton agrees that it will sell or otherwise convey a portion of the lands of The Orchid Chinese Restaurant and an area of land at Hinesburg Road equivalent to the Michael Peters property to Munson as an exchange for stormwater and roadway right- of-way lands. South Burlington School District sells or otherwise conveys to the City of South Burlington an area of land along the southern and eastern boundaries of the Central School property sufficient to create access and buildable lots within the City Center as shown in the concept plan. Use of the lands along the existing access to the Central School shall be conditioned upon relocation of the Central School at some point in the future. City agrees to provide a relocated access to the Central School via the City's existing right-of-way from Midas Drive at such time as the School District desires. City of South Burlington agrees that it will sell or otherwise convey a portion of the lands at the south-eastern corner of the Central School site to Munson as exchange for the stormwater and roadway right-of-way lands. City of South Burlington agrees that it will sell or otherwise convey the western portion of the Central School lands to Munson upon relocation of CenI . School to the extent necessary to create a sufficient buildable lot. A contingency - provided in the event Central is not relocated. City of South Burlington executes an agreement wit$ '.• exchange the right- of-way of Mary Street for an equivalent right of 4;_ the _ . , 'ussell's properties on Mary Street for purposes of roar struction, a.'.,, $ a as Russell and the City jointly agree. City executes a Right of First Refusal for the " " .ons garage on San Remo Drive to secure lands for a connec °: oadway b _° an Remo Drive and the Mary Street extension. City agrees with Munson to prove f ' -t �° . I d 1.. �.ermitting services such that Munson will be proved- . th lots •� ermit amendment and local site plan or PUD amen, , val (a iew) for construction of individual buildi$ _ - e wit' I Act 250 requirements. City agrees to make a good f, Art to findin_ -r all criteria in order to minimize subsequent Act o +ice with the design plan. IMAEodpaMcY161 E!l.0lTu0 Wg1sneM1/6LROWP05Ep1 AREAS WETLANDS >-... - _•. II !. AF SF .�1 f,,• rx M�, f: _. { I ._ 1 ;'� i.' I' 1 -82,911 w.R fA4ac. - �•,. - - - .t. ::;<,. v .:;5',,' - Y" (I _ '•`I Vanasse Han Brustlf Inc. TimapcmatIca 2 -58,711 p.R 1.30 ac, G = •c • fir • ny 3 -19,137 p.R R44 ae. _ - ___'__ ,. 9'd'°`v� ,..'{ ! Pavuamaerl8wiaw `'.r 's y;., , - 4 50,23E .n. E , „ - .., -.:`_ ' - - w ,._ = ;.,, eh 9aafwd F�mA 9ui .-. 111 _ _ _ _.j rtu7 'Y by «. ' - _ - to /---: ":+t.r_ ifP - - __ - �I - ,. 1 - ... 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