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HomeMy WebLinkAboutAgenda - City Council - 05/05/2008 6,0,0,TM.MEIN.,..,,,Y OfA f..� City of South Burlington + +tr 7111 575 DORSET STREET tw,IA,--`1 / SOUTH BURLINGTON, VERMONT 05403 — TEL (802) 846-4107 .�_�r •°b FAX (802) 846-4101 ����'� CITY MANAGER e''f�A TOWN Mpapd CHARLES E. HAFTER AGENDA SOUTH BURLINGTON CITY COUNCIL CITY HALL CONFERENCE ROOM 575 DORSET STREET SOUTH BURLINGTON,VERMONT Regular Meeting 7:00 P.M. Monday, May 5, 2008 1)Comments and Questions from the public(not related to the Agenda). 2)Announcements and City Manager's Report. * 3)Request from citizen(s)for three-way stop at Farrell Street and Eastwoods Drive intersection; discussion. * 4)Local Concerns Meeting: Solution for third lane at Staples Plaza:The US 2/1-89 Southbound On-Ramp; Greg Edwards, Project Manager, Stantec Consulting Services. * 5)Public Hearing on Amendments to Sign Ordinance&Regulation of signs in residential zoning districts; second reading of same. * 6)Consideration of entertainment license application from: National Night Out, Dorset Park,August 4-5,2008. * 7)Review the agenda for the Development Review Board meeting being held May 6, 2008. * 8)Review and approve minutes from regular City Council meeting held on April 21,2008. * 9)Review and approve minutes from special City Council meeting held on April 26,2008. 10)Sign disbursement orders. 11)Consider entering executive session to discuss personnel matter. 12)Adjourn Respectfully Submitted: 3144"."------ C Charles Hafter, City Manager City of South Buffington Entertainment License Application Type of Application Special Event Permit Date of Application April 25, 2008 Name of Establishment National Night Out committee Address of Establishment 575 Dorset Street So. Burlington Name and Address of Contact Sgt. Thomas Fraga South Burlington Police Dept. Name and Address of Operator Katherine Welch/Volunteer / director of ops. In co-operation with the City of South Burlington, the South Burlington School District and the Community of South Burlington. South Burlington National Night Out Complete description of Show On August 4th set up will begin at Dorset Park. Then on August 5th from noon to 10:00 PM there will be displays and entertainment open to the public. At noon transportation to Dorset Park will begin then at 5:00 PM additional transportation to the parade staging area at the University mall will be provided by the school district. The Dorset Park activities that began at noon will be free pony rides, rock climbing wall, sky diving, hot air balloon etc. At 6pm the parade will begin at the University Mall and proceed up Dorset Street to Dorset Street Park. At the park following the parade the activities will continue with displays, music, dancing, concessions, and floats, demonstrations from police, fire services and community service organizations. At approximately 9:30pm fireworks will be set off at the High School. Dates and Hours of Operations The fourth of August 2008, 7am setup, the 5th of August Event begins; Noon - 10:00 PM, with 6:00 PM parade Start, all primary activities at Dorset Park with a Rain Date of August 6th and take down. Security Provisions South Burlington Police; traffic control plan on file. Entertainment- c-ense-application-cunt. As applicant, I have read and understand the provisions of the South Burlington Ordinance regarding Licensure and regulation of circuses, carnivals and other shows. I also understand that only the specific type of entertainment applied for in this license is permitted and that additional types of entertainment will require an additional application. C3).5.-VV Signature South Burlington City Council Action 1 . Verification of License fee: Q1_09 (See Section 6 of Ordinance) City Manager 2. Verification of approval standards: (See Section 4 of Ordinance) Council Chair 3. Application of License has been approved/disapproved by South Burlington City Council on , 2006 4. Special Conditions attached to License See Section 5 of Ordinance). South Burlington city Council Chair Date Public Meeting Notice Local Concerns Meetings Solutions for the Third Lane at Staples: The US 2 /I-89 Southbound On-Ramp South Burlington, Vermont Monday, May 5, 2008 Wednesday, May 14,2008 City Council Meeting at 7:00 pm 7:00 pm City Hall Memorial Lounge,Waterman Building, UVM South Burlington, VT 05403 Burlington, VT 05401 The City of South Burlington and the City of Burlington are sponsoring two public local concerns meetings to discuss the existing safety, capacity, operations, and issues in the area of US 2 (Williston Road), Staples Plaza and the I-89 Southbound on-ramp. The purpose of these public meetings is to hear your concerns, ideas, and answer your questions about future changes to the area of US 2. If you are unable to attend and have comments or questions, you can contact Edwards, Project Manager, at Stantec Consulting Services Inc., 55 Green Mountain Drive, out ur mg on, or greg.edwards(.%star ec.com. • y i So-" • • � !r //f f ` Project Locaibn Plan Exit 14 SanMwuid On Ramp South Buffington.Vermont V:\1953\active\195310190\transportation\Meetings\Local Concerns Meeting\Meeting Notice.doc — � t om- _S ` . -. I ]}}]) q XXX �) 4'. ! , y ! ¢ , u 4 I , %K 5, Ji,'n '9 - 3aT "n` -1r �t . f9 :ii,:t.72- is:1. , p � •,.- }'ice • �% £ x ..: { • ! ,L.4" - *-,.1z;1'4,4 9• 4`" 'AlitAk p_ rt'sq* 7 A , .. t . f' i .-i- i -/ / i. - . , i i i i I i /__ / , - -- :--, . 11 # g ��9ou,,.„RUNG,..^,,,A ''% City of South Burlington ' II I �1(�;� 575 DORSET STREET [ `jl�tl!r, . i-SI,, SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 846-4107 w. *"� FAX (802) 846-4101 O`ByF6A TOWN M.... Y CCITY MANAGER HARLES E. HAFTER May 1, 2008 Chair and City Council South Burlington, VT 05403 Re: Request from citizen(s) for three-way stop at Farrell Street and Eastwoods Drive intersection;discussion To All Members: Attached are several e-mails from Mr. Paul Engels requesting time on the agenda to discuss the intersection described above. The status of that intersection was raised at the meeting I attended last week at the new senior housing on Farrell Street known as Grand Way Commons. Several attendees discussed a preference for a three-way stop, rather than the free-flow of traffic on Farrell Street as currently exists. There will probably be a group of concerned residents in attendance Monday. Since the construction of the intersection, motorists have complained of confusion at the intersection, although changes to markings and signs by the Public Works Department and time have reduced those issues somewhat. Mr. Engels, and others, have raised an additional issue of the safety of pedestrians and bicyclists crossing the busy intersection due to the free-flow of traffic. History Until the development of the first 160 unit affordable housing complex on Farrell Street, O'Dell Apartments, Farrell Street connected Spear Street and Hadley Drive. The connector to Shelburne Road from Farrell Street (named O'Dell Parkway) was not yet been built. At that time the Eastwood neighborhood experienced a heavy and unacceptable level of cut-through traffic going between Shelburne Road and Spear Street. At that time traffic counts were in excess of 3000 cars per day in the residential neighborhood. The Council took a two-fold approach to solving this issue, after much discussion and public debate. First, the short stretch of road between Joy Drive and Hadley Road was made one-way southbound. This had the immediate effect of cutting off the AM commuting peak from the neighborhood, traffic dropped about 40%. Next, the Planning Commission and Council decided to relocate Farrell Street by combining Farrell Street and O'Dell Parkway, renaming the entire length Farrell Street and having the new Farrell Street be the preferred connector street between Spear Street and Shelburne Road. The remaining portion of the former Farrell Street was renamed Eastwood Drive. The intention was to install a stop condition on Eastwood Drive at Farrell Street to create a priority for Farrell Street and encourage its use as the primary connector for people who were cutting through. This was planned and built long before the build out of the Farrell Street neighborhood was designed. The intersection has, as you are aware, been the source of some controversy, but has performed its function as planned and has contributed to the reduction of traffic in the Eastwood neighborhood. According to Police statistics, since 2004 (when a new system was installed), there has been one definite accident at the site involving two vehicles, on 3/21/2004. There have been 4 others in that stretch of Farrell Street, but the data is not clear as to whether these accidents occurred in the intersection, elsewhere on Farrell Street or even in the private parking areas. There have been no reports of any pedestrian accidents at the intersection. Considerations 1. The secret in traffic design is to balance safety with capacity and to balance vehicle and pedestrian usage. Certainly, city residents and Council are much more aware of the need to design pedestrian safety into road design than we were years ago. We would not design the pedestrian crossing at that intersection the same way today. 2. The decision makers need to balance the needs of this intersection with potential impacts on the level of traffic in the Eastwood neighborhood. Farrell Street was designed as a collector street, Hadley Road and adjacent streets were not. I could have the MPO try to model this change to see what the impacts might be, but the results may not be reliable on such a micro-level. 3. The cost of changing to a three-way stop is much higher than sticking two more stop-signs in the ground. Besides adopting an ordinance amendment, public works will need to realign the streets, reset curbs, and possibly do a small amount of paving at radii. I can have public works undertake a cost estimate. Please discuss how you would like staff to proceed. Sincerely, arles after City Manager PROS ..„......„......----1Nf1• ti O � s aV z w J Yxi S, t, / ! z ill u d : o 2 MOi. WS h�,y�inO- cINO m Paul Engels, 03:22 PM 4/30/2008, RE: three way stop on Farrell Page 1 of 2 X-Virus-Scanned: amavisd-new at sburl.com X-Authority-Analysis: v=1.0 c=1 a=fNpfUvV2SJIIWU3cJI4A:9 a=u6_7zD8dquQWMz4CAjOA:7 a=UYijMBm HeN3GOGPgVCUMbDLdecA:4 a=09nw- Q2UcMsA:10 a=C35D7ilojSgA:10 a=SSmOFEACAAAA:8 a=AfjQcZJs877mAD7m_gsA:9 a=XdyYBYzwLcQ8McIteloA:7 a=ZugcEBu7fJrI5KF7AuNmrWpywoQA:4 a=37WNUvjkh6kA:10 From: "Paul Engels" <paulengels@comcast.net> To: "'Charles Hafter"' <chafter@sburl.com> Subject: RE: three way stop on Farrell Date: Wed, 30 Apr 2008 15:22:33 -0400 X-Mailer: Microsoft Office Outlook 11 Thread-Index: Acig8sg5ucx2V/h8Q/+n0dN9p+5PRQAAo6Ag X-OriginalArrivalTime: 30 Apr 2008 19:21:41.0296 (UTC) FILETIME=[6B3E7B00:01 C8AAF7] X-Antivirus: AVG for E-mail 7.5.524 [269.23.5/1401] Chuck, I didn't see the countdown timers but I've seen the crossing makers and the pedestrian sign. I will check them out. I know from our neighborhood's point of view we are concerned as motorists who have a tough time with the traffic at the intersection of Farrell and Eastwood Avenue and as walkers and joggers who use the bike path which we access at that intersection. I sympathize with the people who live there now because all the traffic they have used to go through our neighborhood. I know that the more fundamental problem is that the southern connector was never built and so all the traffic going into Burlington from the south is forced through our neighborhoods and becomes our problem. Thanks for your help with this. I appreciate your support. Paul From: Charles Hafter [mailto:chafter@sburl.com] Sent: Wednesday, April 30, 2008 2:49 PM To: Paul Engels Subject: Re: three way stop on Farrell You are all set for Monday night. I will get you on the agenda very early so your group does not have to stay around. The meeting starts at 7:00 pm here in city hall. Did you notice that we were able to buy some countdown timers and install them at the Shelburne Road/Farrell Street intersection yesterday? Chuck Printed for Charles Hafter<chafter@sburl.com> 5/1/2008 In Page 1 of 3 From: "Paul Engels" <paulengels©comcast.net> To: "Chuck Halter" <chafter c(Dsburl.corn> Subject: RE: three way stop on Farrell Chuck, I don't see how a three way stop will increase traffic through the Eastwoods neighborhood. The one way section seems to have solved that problem. I talked to Mike at Olympiad who says he knows you and will call you. He said there was thought given to a three way stop when the new Farrell Street was built but it was rejected in favor of traffic flow. I doubt the seniors in Grand Way are going to want to hear about planned traffic flow. We in Eastwoods have always been appalled that the road was built without a three way stop given that the bike path comes right down a hill to that intersection and there are lots of kids in O'Dell apartments. It might be time to reevaluate the importance of traffic flow. Paul From: Chuck Hafter[mailto:chafter@sburl.com] Sent: Wednesday, April 30, 2008 8:50 PM To: Paul Engels Subject: RE: three way stop on Farrell You are absolutely correct about the southern connector. The Council will have to realize that if they implement a three-way stop it MAY increase traffic in the Eastwoods neighborhood again-although the one-way section has helped alot. Chuck Original Message From: Paul Engels[mailto:paulengels(.dcomcast.net] Sent: Wed 4/30/2008 3:22 PM To: Chuck Hafter Subject: RE: three way stop on Farrell Chuck, I didn't see the countdown timers but I've seen the crossing makers and the pedestrian sign. I will check them out. I know from our neighborhood's point of view we are concerned as motorists who have a tough time with the traffic at the intersection of Farrell and Eastwood Avenue and as walkers and Printed for Charles Hafter<chafter@sburl.com> 5/1/2008 Paul Engels, 03:22 PM 4/30/2008, RE: three way stop on Farrell Page 2 of 2 At 09:28 AM 4/30/2008, you wrote: Chuck, I just want to check to make sure that we are on the City Council agenda Monday night for the three way stop on Farrell. I have been getting the word our and hopefully quite a few folks will show up. Thanks. Paul No virus found in this incoming message. Checked by AVG. Version: 7.5.524/Virus Database: 269.23.5/1401 -Release Date: 4/28/2008 7:18 AM No virus found in this incoming message. Checked by AVG. Version: 7.5.524 /Virus Database: 269.23.5/1401 - Release Date: 4/28/2008 7:18 AM Printed for Charles Hafter<chafter@sburl.com> 5/1/2008 In Page 1 of 1 From: "Paul Engels" <paulengels c©comcast.net> To: <chafter@sburl.com> Subject: 3-way stop on Farrell Street Chuck, I was at the meeting this morning with the senior citizens at Grand Way Commons. I have been in touch with Lt. Lavallee and Sgt. Fraga and would like to request an agenda item on the City Council meeting agenda to discuss the issue of having a 3 way stop at the Farrell Street Eastwoods Ave intersection. Paul Engels 15 Orchard Road 862-5428 No virus found in this incoming message. Checked by AVG. Version: 7.5.524 /Virus Database: 269.23.5/1401 - Release Date: 4/28/2008 7:18 AM Printed for Charles Hafter<chafter@sburl.com> 5/1/2008 Public Meeting Notice Local Concerns Meetings Solutions for the Third Lane at Staples: The US 2 /I-89 Southbound On-Ramp South Burlington, Vermont Monday, May 5, 2008 Wednesday, May 14,2008 City Council Meeting at 7:00 pm 7:00 pm City Hall Memorial Lounge,Waterman Building, UVM South Burlington, VT 05403 Burlington, VT 05401 The City of South Burlington and the City of Burlington are sponsoring two public local concerns meetings to discuss the existing safety, capacity, operations, and issues in the area of US 2 (Williston Road), Staples Plaza and the I-89 Southbound on-ramp. The purpose of these public meetings is to hear your concerns, ideas, and answer your questions about future changes to the area of US 2. If you are unable to attend and have comments or questions, you can contact Greg Edwards, Project Manager, at Stantec Consulting Services Inc., 55 Green Mountain Drive, South Burlington, VT 05403 or greg.edwardsstantec.com. n • Project Location Pion Exit t!Southbound On Remy South Burlington.Vermont V:\1953\active\195310190\transportation\Meetings\L.ocal Concerns Meeting\Meeting Notice.doc AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE SOUTH BURLINGTON CITY COUNCIL May 5, 2008 The South Burlington City Council Hereby Ordains: New text is shown in_boldface; deletions ink• Section 1. Section 8(a), Master Signage Permits, is amended as follows: (a) At such time as a new or amended permit is sought after the effective date of this Ordinance, all properties in the Dorset Street/City Center Sign District seeking a sign permit or permits and all multi-tenant buildings or multi-building complexes located wholly or partially within the R7- NC district shall submit a complete, new application for a Master Signage Permit to the Design Review Committee, irrespective of the status of past approvals. The new Permit shall not invalidate the provisions of any existing approval, exemption or agreement with respect to signage; rather, it is instead intended to clarify the approved parameters for signage subject to a Master Signage Permit. Upon approval of a new Master Signage Permit, permittees shall use the review and amendment procedures set forth in this Section. Section 2. Section 9(g)(5), Free-Standing Signs, is amended as follows: (5) Free-standing signs may not have changeable message areas unless, required by the nature of the business or other approved land use itself, such as theaters, churches and other houses of worship,public and independent educational facilities accredited by the State of Vermont for elementary, secondary and higher education, motels and hotels, and establishments deriving a majority of their income as venues for the performing arts, and subject to the discretion and approval of the Code Officer.Any such changeable message area may not exceed eighty percent (8o%) of the allowable sign area, and the dimensions and location thereof must be specified when an application for a sign permit is made. Section 3. Section 9(j), Free-Standing Signs, is added to the Ordinance as follows: (j) Multi-tenant buildings and multi-building complexes in the R7-NC zoning district. Notwithstanding provisions to the contrary elsewhere in this ordinance, a multi-tenant building or multi-building structure under common management and ownership which is located wholly or partially within the R7-NC zoning district, and which has more than one approved curb cut onto a public roadway, may have one (i) free-standing sign of up to forty(40) square feet and one (i) additional free-standing sign per additional approved curb cut onto a public roadway, with any such additional signs not exceeding _ twenty(20) square feet in area and twelve (12) feet in height. The sign area of the free-standing signs maybe designed and used in 1 AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE SOUTH BURLINGTON CITY COUNCIL May 5, 2008 whole or in part as a directory for the tenants or services contained within the building or complex. Section 4. Section 11(b), Directory Signs, is added to the Ordinance as follows: (b) In multi-tenant buildings or multi-building structures under common management and ownership located wholly or partially within the R7-NC zoning district, and with more than one approved curb cut onto a public roadway, one (1) entryway sign may be affixed to the wall at each entrance identifying the offices or businesses accessible through the entry, or identifying the entryway as "staff only,"restricted, or such other directional guidance as is necessary for the appropriate function of the complex. Such signs shall not exceed three (3) square feet in size. In addition, one (i) free- standing directory sign of up to fifteen (15) square feet OR one (i)wall directory sign of up to twenty(20) square feet maybe erected at each active publicly-used entryway. For any such wall signs, the provisions of Section 11(c)below shall apply. Section 5. Section 13(b) and Section 13(c), Signs in Residential Areas, are added to the Ordinance as follows: (b) Multi-tenant or multi-building complexes located partially within the R7-NC zoning district. For purposes of this Ordinance only and notwithstanding Section 13(a) above, multi-tenant buildings or multi-building structures under common management and ownership which are located wholly or partially within the R7-NC zoning district, and which have more than one approved curb cut onto a public roadway, shall be considered to be in a non-residential zoning district irrespective of the zoning of the portion of the property lying outside the R7-NC zoning district. (c) Educational facilities in the Residential 4 and SEQ zoning districts. Notwithstanding Section 13(a) above, a public or private educational facility accredited by the State of Vermont to provide elementary or secondary education may erect and maintain one (1) freestanding sign of with a sign area of up to thirty-two (32) square feet,which may include a changeable message area consistent with the provisions of Section 9(g)(5) above. Section 7. This action shall take effect upon passage. Dated at South Burlington,Vermont, this day of May, 2008 2 AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE SOUTH BURLINGTON CITY COUNCIL May 5, 2008 Christopher Smith, Chairman Mark L. Boucher Stephen Magowan Sandra Dooley Daniel O'Rourke 3 PUBLIC HEARING AMENDMENTS TO THE SOUTH BURLINGTON SIGN ORDINANCE SOUTH BURLINGTON CITY COUNCIL PLEASE TAKE NOTICE that the South Burlington City Council will hold a public hearing on Monday, May 5th at 7:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT, to consider the following proposed amendments to the South Burlington Sign Ordinance: • 1. Amendment to Section 8,Master Signage Permits,to require master signage permits for all multi-tenant or multi-building properties wholly or partially within the R7-NC zoning district. 2. Amendment to Section 9, freestanding signs, to allow changeable message areas on freestanding signs for accredited K-12 schools and to allow additional freestanding signs for multi-building properties with multiple curb cuts off a public roadway. 3. Amendment to Section 10, wall signs, to allow additional directory and entryway signage for multi-tenant buildings and multi-building properties lying wholly or partially within the R7-NC zoning district. 4. Amendments to Section 13, signs in residential areas regarding sign allowances for accredited K-12 schools in the R4 zoning district and multi- tenant buildings or multi-building properties wholly or partially within the R7- NC zoning district. Copies of the proposed amendment are available for review at South Burlington City Offices, 575 Dorset Street, from 8 AM to 4:30 PM Monday through Friday, or by request to the Department of Planning&Zoning(846-4106 or planning@sburl.com). Charles E. Hafter City Manager April 12, 2008 MEMO April 7, 2008 Page southb rlin ton 4j._ YE.:1GNT To: South Burlington City Council From:Juli Beth Hinds, AICP Director of Planning & Zoning RE: Proposed Sign Ordinance Amendments Date: April 7, 2008 On Monday, April 7th, I would like to present a first reading of two proposed amendments to the South Burlington Sign Ordinance. The Sign Ordinance was last amended in June, 2006. The amendments arose due to issues with the Timberlane Medical Center on Timber Lane near Kennedy Drive, and Rice Memorial High School. Both groups approached staff about amendments because of the Sign Ordinance's substantial limitations on signs in residential zoning districts. In addition, the standard allowances for free-standing, wall, directory and wayfinding signs were not working for Timber Lane's unique building and entryway configuration. The following amendments are intended to provide workable allowances for these uses, consistent with the City's overall sign standards. I. Residential zoning district sign allowance Timberlane is split between the Residential 7 and Residential 7-Neighborhood Commercial zoning districts; Rice is in the Residential 4 zoning district. Non- residential uses in these zoning districts are limited to one sign (either wall or freestanding) of 4 to 20 SF, depending upon the posted speed of the adjacent public roadway. The City's public schools are in the MU-municipal zoning district which allows more signage, and Vermont Commons is in a non-residential district. Only Rice and the Schoolhouse Learning Center are located in a residential zoning district. Sections 13 (b) and (c) on page 24 are proposed to allow these uses additional signs, subject in Rice's case to limitations on the size and message area of a free- standing sign and in Timber Lane's case to the Master Signage Permit process and requirements in Article 8. # MEMO 4644,41111 April 7, 2008 IrvPage 2 southburlin ton _.. _ VE0.MON; 2. Free-standing sign allowance for schools The other proposed amendment related to Rice HS is to Section 9(g)(5) on page 19. This would allow schools accredited by the State to serve K-12 students to have a free-standing sign with changeable message area, as comparable schools in the MU-municipal zoning district. However, in residential districts the limitation would be 32 SF instead of the 40 SF allowed in the municipal district. 3. Timberlane Medical Center amendments The other amendments related to Timberlane concern the nature of the buildings, with multiple entrances and tenants from multiple points on the property. As discussed above, signage for a medical office or clinic in a residential district is limited to one 20 SF sign. Therefore, all the signs at Timberlane are prior non-conforming. Timberlane used to have a free-standing sign on Kennedy Drive. The sign was removed as part of the Kennedy Drive project. There is insufficient space along Kennedy Drive outside the right-of-way for a new free- standing sign even if one were allowed by the Ordinance. The proposed amendments are recommended to ensure good directional and wayfinding signage within this complex, and to ensure that the City has review authority over the overall number, placement and design of signs. In addition to the proposed amendment in Section 13 described in #1 above, the proposed changes are: 1 . Section 8(a), Master Signage Permits. A master signage permit would be required for any multi-tenant or multi-building complex located wholly or partially within the R7-NC district. This would apply to the Vermont Radiology building at the corner of Hinesburg & Kennedy and the Lang Associates building as well as Timberlane. Master signage permits allow a complex or building owner to gain "umbrella" approval for all signs for a property from the Design Review Committee. The Master Signage Permit standards require that the overall parameters for the locations, size, shape and colors of the signs be coordinated and approved. Once a Master Signage Permit is in place, individual sign permits that comply are issued by the zoning administrator. This process, which has been in place since 2002, has worked extremely well for multi-tenant buildings and shopping centers. } MEMO April 7, 2008 Page 3 southborl.ington _ 2. Section 9(j), additional free-standing signs. This section provides that multi-tenant, multi-building complexes wholly or partially within the R7- NC may have one free-standing sign consistent with the City's usual standards (40 SF max, up to 12' tall) plus one additional, smaller freestanding sign (20 SF max) per approved curb cut onto a public road. Further, any such freestanding signs may be directory signs, which is not allowable under the standard freestanding sign regulations. The nature of Timber Lane, with multiple entryways, parking lots, and tenants — few of whom are visible from any one point on the property — is the reason staff recommends this allowance. 3. Section I I, directory and entryway signs. In order to reduce sign and visual "clutter," the City's ordinance generally restricts the number of directory and entryway signs in shopping centers and multi-tenant buildings. The proposed additional language is intended to allow sufficient labeling of the numerous public and restricted entryways at Timberlane without adding to the total area of wall signs allowed on the buildings. Sunset Clause for Non-Conforming Signs. While not related to the proposed amendments, Council should be aware that back in 2002, a "sunset clause" was enacted into Section 24(f) of the Sign Ordinance: (f) The provisions above notwithstanding, on or before JUNE 3, 2009, all non-conforming signs shall have been removed, lawfully replaced, or otherwise altered so as to comply with all applicable provisions of the South Burlington Sign Ordinance in effect as of that date. Back in 2002, that date was a long way off. Alas, time passes, like a great bird of prey circling above. The primary issue will be the free-standing signs along Williston Road and Shelburne Road that are non-complying due to their height. A provision to retain the Al's French Frys sign and others with historical value should be developed, and there will, inevitably, be other problems when this provision takes effect. Ray Belair and Betsy McDonough have done yeoman's work reminding and warning property owners of the sunset clause, but a mailing to non-residential property owners advising them of the date would be advisable as well. FIN sou bburI n ton PLANNING & ZONING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD AGENDA Tuesday, May 6, 2008 Deliberative Session 7:00pm Regular Meeting 7:30pm City Hall Conference Room, 575 Dorset Street 1. Other business/announcements 2. Minutes of April 1, 2008 and April 15, 2008. 3. Continued sketch plan application#SD-08-12 of Allen Road Land Company for a planned unit development consisting of 30 multi-family dwelling units in four (4) buildings,with two (2) existing single family dwellings, 725 Hinesburg Road& 18 Derby Circle. 4. Continued final plat application#SD-08-01 of John Larkin and Cupola Golf Course to amend a previously approved planned unit development consisting of five (5) multi- family dwellings for a total of 160 units and a 40 unit congregate care facility. The amendment consists of: 1) reducing the width of the proposed public street from 30 ft to 28 ft and 2) site modifications to the two (2) multi-family dwellings on Larkin lot #2, Quarry Hill Road. 5. 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. 6. Appeal#AO-08-04 of of Kathleen Kelleher, Dorene Quesnel&Melinda Tate appealing the decision of the Administrative Officer to issue Zoning Permit#ZP-08-069 to Indian Creek Condominium Association, 911 Dorset Street#35. 7. Site plan application#SP-08-25 of Gardner&Sons Development Corp. to construct a three (3) unit multi-family dwelling, 18 Southview Drive. 8. Miscellaneous application#MS-08-02 of Mark Kelley for to construct a 437 sq. ft. addition to an existing dwelling with an 876 sq. ft. footprint, 66 Bartlett Bay Road. 9. Miscellaneous application#MS-08-03 of Marcel Beaudin to amend a previously approved plan for the reconstruction of a single family dwelling. The amendment consists of revising the location and dimensions of a deck, 5 Lyons Avenue. 10. Site plan application#SP-08-26 of Allen Road Land Company for an accessory residential unit, 78 Haymaker Lane. Development Review Board Agenda May 6, 2008 11. Continued preliminary plat application#SD-08-17 of Sierra Pacific II to amend a planned unit development consisting of 210 residential units, a 61 room hotel, a 20,000 sq. ft. movie theater building(1000 seats), a 22,500 sq. ft. restaurant/medical office/day care building,a 3500 sq. ft. restaurant with drive-through service, and a bank with drive-through service. The amendment consists of: 1) constructing a 4000 sq. ft. addition to the building at 7 Fayette Drive and 2) converting 17,900 sq. ft. of restaurant and indoor recreation use to retail use, 7 Fayette Drive. 12. Prelminary plat application#SD-08-21 and final plat application#SD-08-22 of Verizon New England for a planned unit development consisting of installing two (2) utility cabinets on concrete pads, 75 Community Drive. 13. Conditional use application#CU-08-02 of Omnipoint Communications, Inc. to install: 1) three (3) panel antennas at a height of 91 feet on an existing telecommunications tower, and 2) four (4) equipment cabinets, 2026 Williston Road. 14. Site plan application#SP-08-24 of Omnipoint Communications, Inc. to install: 1) three (3) panel antennas at a height of 91 feet on an existing telecommunications tower, and 2) four (4) equipment cabinets, 2026 Williston Road. 15. Appeal#AO-08-05 of Wesco, Inc. appealing the decision of the Administrative Officer to deny a request for temporary Certificate of Occupancy#CO-08-27, 1118 Williston Road. 16. Appeal#AO-08-03 of Century Partners, LP appealing the decision of the Administrative Officer to deny Certificate of Occupancy application#CO-08-26, 2 Market Street. 17. Continued conditional use application#CU-07-09 of L.E. Farrell, Inc., to change the use of a 94,000 sq. ft. light manufacturing building to warehousing, processing, storage, and distribution use, 20 Karen Drive. 18. Site plan application#SP-07-83 of L.E. Farrell, Inc. to change the use of a 94,000 sq. ft. light manufacturing building to warehousing,processing, storage, and distribution use, 20 Karen Drive. Respec Submitted, ' on. J. air Adminis ative Officer - 2 - CITY COUNCIL 21 APRIL 2008 The South Burlington City Council held a regular meeting on Monday, 21 April 2008, at 7:00 p.m.,in the Conference Room, City Hall, 575 Dorset St. Members Present: C. Smith, Chair; M. Boucher, S. Dooley Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; R. Bliss, Police Association; J. Nadeau, CWD; J. Melville 1. Comments & Questions from the Audience, not related to Agenda items: Police Officer Bliss spoke to the issue of water infiltration in the Police facility. The Police had a study done to see if water intrusion was beginning to compromise the facility and causing health issues for the workers. The study found low traces of mold. The roof needs to be replaced and the building completely cleaned. Officer Bliss said the heating system has been cleaned. Mr. Gravelin said the city has begun to get some quotes to get the work done. A. C. Hawthorne is going to provide an assessment of the whole building. This will be compared to Tim Duff's study. Air ducts are currently being cleaned, and that work should be done next week. After that, the inside construction will be looked at (walls, ceilings, etc.) to see what needs to be done. Mr. Hafter stressed there is no disagreement about what needs to be done. He said he may have to come to the Council for authority to use funds from the Rooms & Meals tax. He felt a decision should be made at the second Council meeting in May. Mr. Boucher asked if this is considered a 2-3 year fix. Mr. Gravelin said he would ask how much time the work will buy. 2. Announcements and City Manager's Report: Ms. Dooley: Noted that Robert Putnam, Professor of Public Policy at Harvard University, will be speaking next Monday at UVM regarding the "rebuilding of America." Mr. Hafter said he is an excellent speaker and well worth hearing. Mr. Hafter: The City/Fire Department has been awarded a SAFER Grant which will be presented by Senators Leahy(VT) and Dodd(Connecticut). A letter to The Other Paper has been drafter by Mr. Magowan regarding the SAFER grant ballot item. Presentations will also be made at 3 schools, on Channel 17, at the Rotary, and at a Senior Center. A letter was received thanking the Police Department for not destroying the moose that recently appeared in the City but"shooing" it back to a safer place. CITY COUNCIL 21 APRIL 2008 PAGE 2 At a meeting with Airport Manager Brian Searles, a protocol has drawn us to address recent issues. The Airport will provide the city an annual plan for land acquisition and will defer to the city on objections. Land on Picard Circle will be upgraded with landscaping and berms within 60 days of the removal of houses. On 5 of May, Airport Master Plan consultants will visit the Airport. City representatives will attend that meeting. The master planning will be a public process, and the City of South Burlington will be invited to participate in the land use planning process. Mr. Boucher suggested noticing the Picard Circle about this. Ms. Dooley asked if soundproofing is included in the agreement. Mr. Halter said the city will want that as part of the plan. Mr. Hafter stressed that the city is concerned with meeting standards; it does not want to decide which houses the Airport will buy. Mr. Hafter will attend the Lake Champlain Chamber of Commerce Board of Directors meeting on Wednesday. He will also attend the CCTA meeting. Mr. Magowan will then take over as CCTA representative. The next Council meeting agenda will include the Sign Ordinance amendments and a"local concerns"meeting regarding the proposed additional lane in front of Staples Plaza. A meeting on the same topic will be held on 14 May at UVM. 3. Public Hearing on Public Nuisance Ordinance; Second Reading of Same: Mr. Melville cited the problem with stereos and sound systems and said he would like to see an ordinance like the City of Burlington has. Mr. Smith said the proposed ordinance will address those issues. As there was no further public comment, Ms. Dooley moved to close the public hearing. Mr. Boucher seconded. Mr. Boucher then moved to waive the second reading and adopt the Public Nuisance Ordinance as presented. Ms. Dooley seconded. Motion passed unanimously. Mr. Hafter noted that this ordinance establishes graffiti as a civil penalty,but that does not take away the ability to have it charged as a criminal penalty. 4. Consideration of Approval of Vermont WARN, Mutual Aid Agreement for Water and Wastewater Utilities: Mr. Nadeau explained the WARN agreement. He noted there has been a strong push for intra-state agreements for water and wastewater utility operations. If the need arose, South Burlington could call on someone with appropriate skills for help. WARN is run by the utilities. Membership also enables the city to get FEMA reimbursement when r _ CITY COUNCIL 21 APRIL 2008 PAGE 3 they step into an emergency. He urged the City of South Burlington to participate. Mr. Boucher moved to approve the WARN agreement for mutual aid for water and wastewater utilities as presented. Ms. Dooley seconded. Motion passed unanimously. 5. Review Minutes of 7 April 2008: Mr. Boucher moved to approve the Minutes of 7 April 2008 as written. Ms. Dooley seconded. Motion passed unanimously. 6. Sign Disbursement Orders: Disbursement orders were signed. 7. Consideration of Entertainment License Application from: American Cancer Society, Make Strides Against Breast Cancer Walk: Mr. Hafter said the application is in order. Mr. Boucher moved to approve the Entertainment License Application from the American Cancer Society for an event on 19 October 2008 as presented. Ms. Dooley seconded. Motion passed unanimously. 8. Liquor Control Board: Mr. Boucher moved that the Council adjourn and reconvene as Liquor Control Board. Ms. Dooley seconded. Motion passed unanimously. Mr. Hafter presented a new Liquor License Application from Nothing But Noodles, 150 Dorset Street, and Liquor License Renewals from the following: Zen Garden, Orchid Restaurant, Shelburne Road Exxon, and Outback Steakhouse. He said that all the applications are in order. Mr. Boucher moved to approve the Liquor License Applications as presented. Ms. Dooley seconded. Motion passed unanimously. As there was no further business to come before the Council,the meeting was adjourned at 7:45 p.m. Clerk MINUTES Special Meeting South Burlington City Council Date: April 26, 2008 Members Present: Chris Smith, Chair; Steve Magowan, Sandra Dooley Others Present: Chuck Halter, City Manager 1. Chris Smith opened the meeting at 9:45 am. Steve Magowan moved the approval of the Resolution Amending the City of South Burlington Annual City Meeting Warning. Sandra Dooley seconded. The motion passed 3-0. 2. Ms. Dooley moved the approval of the Warning for the City of South Burlington Annual City Meeting for May 20, 2008. Mr. Magowan seconded. The motion passed 3-0. 3. Mr. Magowan moved to adjourn. Ms. Dooley seconded. The motion passed 3-0 and the meeting adjourned at 9:55 am. Council Clerk 00 wituN%rt+ City of South Burlington l�i� ��`, ���I�) 575 DORSET STREET , t�ti t� SOUTH BURLINGTON VERMONT 05403 l+N`O 7)OWN 1 0.1pP May 5, 2008 Chairman and City Council City of South Burlington South Burlington, VT 05403 RE: Consideration for capital equipment refunding notes for Public Works Highway Equipment and Storm Water Services To all Members: Please approve the attached capital equipment refunding notes as follows: Public Works Department— Hiohwav Division: 2007 Low Profile Dump Truck (2"d yr of 5) $36,105 2007 Backhoe (2nd yr of 5) $29,600 Public Works Department— Storm Water Division: 2007 Low Profile Dump Truck (2"d yr of 5) $62,428 These notes are structured on a planned financing schedule and in accordance with an approved budget, and all bear interest at a rate of 2.95%. Sincer , Denis Gravelin Assistant City Manager , \\I'il'///� \\I'q'///i ' �J1H —� \1N it/i 1�. \,, ,/� y✓ % a �,. �Illi� �„ ail � �:I�iii/��\\�IIII//�.,�-�\I�\ilh ��� ir"L ` ✓' CITY OF SOUTH BURLINGTON ��'� "' CAPITAL EQUIPMENT REFUNDING NOTE III���D/,�� v � ///�Ai $36,105.00 I`\\ C✓' Burlington, Vermont , , 1 / \\\�\ May 8,2008 hl���///fe•, a / 9) On the 7th day of May,2009 for value received,the City of South Burlington promises to pay (�7 V /s/////i/ii CHITTENDEN BANK the principal sum of: II��\\� / \\\\�1,1 ***************THIRTY SIX THOUSAND,ONE HUNDRED FIVE DOLLARS *************** �IP IJ f .�\� IIIII///�/ CG/ JJ with interest at the rate of 2.95%per annum(the "Exempt Rate"), with principal and interest payable in /////) lawful money of the United States at the Main Office of CHITTENDEN BANK in the City of y, ,ci, Burlington, Vermont. The rate of interest payable hereunder is subject to recalculation and payment of �� i f \\\\\\71 a higher rate, retroactive to the date hereof,upon the happening of any event specified in paragraph(4) 1IIII////, "" '/ �%� of the Resolution of the City of South Burlington dated May 5, 2008, the terms of which are ; .,, incorporated herein by reference thereto. Further, this note and all sums of money due hereunder shall ////il be due and payable at the option of the holder hereof upon the happening of any event specified in I �\\\V� ;'� 1 ;,.r , paragraph(4)of said Resolution. er-3 ,7 - ���\��\��1 Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the II .11//-. I above maturity date,without a penalty being assessed,with prior notification being given to the bank. k 7 ) VI ` /j///ii= This note for $36,105.00 is issued to refund a borrowing originally issued for$45,132.00 on ,, 'a _\/C✓; May 15, 2007 which was issued to purchase of a low profile dump truck for the Highway Department. ` / ��\\�\\\1 This borrowing has been authorized by a vote of the City Council of the City of South Burlington at a I/lf/////,J ; 73 meeting thereof duly noticed, called and held on May 5, 2008. Interest on this note will be payable at (G7 1= • jj maturity. _ F �J 'II(�7 Y; ,,/,(c�5 It is hereby certified and recited that all acts, conditions, and things required to be done ���\\\ ' Cjj precedent to and in the issuance of this note have been done, have happened, and have been performed c��\ �. \\\�\111 in regular and due form as required by law, and that the full faith and credit of said City of South 111_////�/J \ ) Burlington are herebyirrevocablypledged for a g p g payment of this note. ��' \� '11 T,\ (-;/ „'- 5 Dated: May 8, 2008 CITY COUNCIL erj��\\�;W \\\\11 li�%///Ii ;. _ ) \J f_',.,,;;cam I�\\\\\I� =1,,`'C✓, e�J� c��l yA\\\%1 Treasurer Ili/////� ���� By All or a Majority Thereof / \� J) o ;%��//jai iC�\ ,,,-,\ ' '\�//� _ n� , � I , , y,s I „�—un ����/ IA�/nems „> n„ �„� x ��� , ,ivti , �� r111 �,� i� //n ,1N\,ni�nnnu, lhId\� inn� illn, dVA� i nnm' i/lhN n � !mno /b 1� a „ ,1nmirnin // ,,,,,...,„„,„,,,,,,,,,,,,,,,,.4,,,,,,, 1A� iinegrill� ,J.-m _ CITY OF SOUTH BURLINGTON RESOLUTION CAPITAL EQUIPMENT REFUNDING BORROWING WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the credit of the City of South Burlington for purposes of making certain capital equipment purchases,and WHEREAS,the City of South Burlington has an outstanding debt at the CHITTENDEN BANK for$45,132.00 payable May 8,2008,and WHEREAS,the City Council of the City of South Burlington finds it expedient and in the best interest of the City of South Burlington to borrow the sum of$36,105.00 to refund the outstanding indebtedness by issuing a refunding note for $36,105.00,and WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed to meet accruing costs of the same; THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said City of South Burlington issue a refunding note for$36,105.00 from the CHITTENDEN BANK,the said loan to be evidenced by a promissory note for$36,105.00 to be signed on behalf of said City of South Burlington by its City Council and dated May 8,2008 payable to CHITTENDEN BANK on the 7th day of May,2009,with interest at the rate of 2.95%per annum. BE IT FURTHER RESOLVED, that said evidence of debt when issued and delivered pursuant to this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City,as established by law; and WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen, qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed, and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the above described note or the expenditures being fmanced by the proceeds of the same. WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment and assessment of taxes to pay the same when due,that neither the corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our respective offices,is being questioned or contested. WE further certify that this borrowing of$36,105.00 is for the purpose of refunding a borrowing originally issued for $45,132.00 on May 15,2007 which was issued to purchase of a low profile dump truck for the Highway Depai lment. FURTHER,we hereby certify to and covenant with CHITTENDEN BANK,its successors and assigns,including specifically the transferees,assignees,holders and owners of the above-described note,that: (1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans to any person. (2) The City of South Burlington will file when and as required with the Treasury Department or the Internal Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South Burlington. (3) That the City of South Burlington qualifies as "Small Issuer" in accordance with the Tax Reform Act of 1986,as it has not or does not reasonably expect to issue more than$5,000,000.00 in debt obligations in the current calendar year. (4) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at the rate of 6.20%,and paid to the holder thereof in any one of the following events: (a) It shall be determined that the interest paid under said note, or any part thereof,is included in the gross income to the holder thereof for federal tax purposes. (b) There shall be any breach by the City of South Burlington of any covenant set forth in paragraphs(1)-(3)hereof. WE further certify that we are the duly chosen,qualified and acting officers of the City of South Burlington as indicated below, and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on May 5,2008,whereat we were present and voting affirmatively. Dated: May 5, 2008 CITY COUNCIL Treasurer By All or a Majority Thereof The foregoing signatures are true and genuine. Attest: Clerk C IIIIb4! VV��illil/// roii, V11 ill/i/u�iiuu uu.:���H ql/i .V1 yl i .. -. , ' i.,17i, , erY,1 CITY OF SOUTH BURLINGTON f` � CAPITAL EQUIPMENT REFUNDING NOTE IIIl��//�l r ` �e/ I \\\ , C1' Burlington,Vermont c\J'' '�\V\\\��111 ����///' May 8,2008 (�-//�� \ �( J� On the 7th day of May,2009 for value received,the City of South Burlington promises to pay (e , R////11 CHITTENDEN BANK the principal sum of: A � �+✓ae \ � TWENTY NINE THOUSAND, SIX HUNDRED DOLLARS *************** lig// 7 ,�) with interest at the rate of 2.95%per annum(the "Exempt Rate"), with principal and interest payable in ///i i lawful money of the United States at the Main Office of CHITTENDEN BANK in the Cityof �\ i I�\vvvy� / \\\�Cam, Burlington, Vermont. The rate of interest payable hereunder is subject to recalculation and payment of `ra' ,,,'i i �'I a higher rate, retroactive to the date hereof, upon the happeningof anyevent specified in paragraph(4) II////,/s/ \` of the Resolution of the City of South Burlington dated May 5, 2008, the terms of which are ' - ,J9 incorporated herein by reference thereto. Further, this note and all sums of money due hereunder shall / C��"\ F ;- %/��G� be due and payable at the option of the holder hereof upon the happening of any event specified in Ip i , ,C�, paragraph(4)of said Resolution. et\ �), '\ r , ) � �J �, Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the ��/� „. above maturity date,without a penalty being assessed,with prior notification being given to the bank. C,j 1 �« '- //�//c2 This note for $29,600.00 is issued to refund a borrowing originally issued for $37,000.00 on I\I \\ CJ, May 15, 2007 which was issued to purchase a backhoe for the Highway Depaituient. This borrowing era , t, / \\\\\\�UI has been authorized by a vote of the City Council of the City of South Burlington at a meeting thereof c?/ 1 -) duly noticed,called and held on May 5,2008. Interest on this note will be payable at maturity. Ud�� '�'J) It is hereby certified and recited that all acts, conditions, and things required to be done rl.!�_ '', (I.�/�4,.. precedent to and in the issuance of this note have been done, have happened, and have been performed II\I\\\\�� \ C/ in regular and due form as required by law, and that the full faith and credit of said City of South c' <'�) 1 ��\\��I�� •Burlington •are hereby irrevocably pledged for payment of this note. 1//I///// "�I Dated: May 8,2008 CITY COUNCIL :'C G\3 ` � (h ( ,;.��� \\� el Treasurer ByAll or a Majority ���f \V\\\��111- j ity Thereof �� r",:)e-j---i''Y,e--,--__: r. '1 � 4 �sf --', /bl -;'/ m iM rz� / l ,,T �v/� i�' _ 4/I�-, � /V \ _ -,-,,.4, ,,,,—___,.---.--v -�-� HVii I -, , i b, \ �,lli NA�t � //h AA ran�l_ i h 1��� ii i ////i N� n no /br � 1grrnniu�u iip�lll� �- ` - � � ` l % — . fi + a . � CITY OF SOUTH BURLINGTON RESOLUTION CAPITAL EQUIPMENT REFUNDING BORROWING WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the credit of the City of South Burlington for purposes of making certain capital equipment purchases,and WHEREAS,the City of South Burlington has an outstanding debt at the CHITTENDEN BANK for$37,000.00 payable May 8,2008,and WHEREAS,the City Council of the City of South Burlington fords it expedient and in the best interest of the City of South Burlington to borrow the sum of$29,600.00 to refund the outstanding indebtedness by issuing a refunding note for $29,600.00,and WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed to meet accruing costs of the same; THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said City of South Burlington issue a refunding note for$29,600.00 from the CHITTENDEN BANK,the said loan to be evidenced by a promissory note for$29,600.00 to be signed on behalf of said City of South Burlington by its City Council and dated May 8,2008 payable to CHITTENDEN BANK on the 7th day of May,2009,with interest at the rate of 2.95%per annum. BE IT FURTHER RESOLVED,that said evidence of debt when issued and delivered pursuant to this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City, as established by law; and WE, the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen, qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed, and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the above described note or the expenditures being financed by the proceeds of the same. WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment and assessment of taxes to pay the same when due,that neither the corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our respective offices,is being questioned or contested. WE further certify that this borrowing of$29,600.00 is for the purpose of refunding a borrowing originally issued for $37,000.00 on May 15,2007 which was issued to purchase a backhoe for the Highway Depaitiuent. FURTHER,we hereby certify to and covenant with CHITTENDEN BANK,its successors and assigns, including specifically the transferees, assignees,holders and owners of the above-described note,that: (1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans to any person. (2) The City of South Burlington will file when and as required with the Treasury Department or the Internal Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South Burlington. (3) That the City of South Burlington qualifies as "Small Issuer"in accordance with the Tax Reform Act of 1986,as it has not or does not reasonably expect to issue more than$5,000,000.00 in debt obligations in the current calendar year. (4) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at the rate of 6.20%,and paid to the holder thereof in any one of the following events: (a) It shall be determined that the interest paid under said note,or any part thereof,is included in the gross income to the holder thereof for federal tax purposes. (b) There shall be any breach by the City of South Burlington of any covenant set forth in paragraphs(1)-(3)hereof. WE further certify that we are the duly chosen,qualified and acting officers of the City of South Burlington as indicated below,and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on May 5,2008,whereat we were present and voting affirmatively. Dated: May 5,2008 CITY COUNCIL Treasurer By All or a Majority Thereof The foregoing signatures are true and genuine. Attest: Clerk 110, _- �Il 0, l/ r 0, rl/ U0 r,l 1 'Ir111 sot, \I �'II/ �1l' ull .S_\ ,it i / �2\\' �� % �\ ✓/� \r1�r/r l \�J / ;� _. „ , a\/ „ �y-\ \ �� S' CITY OF SOUTH BURLINGTON CAPITAL EQUIPMENT REFUNDING NOTE ��/�/////,/� ��%//�ul $62,428.00 (_� ' ) Burlington,Vermont ����\\\\��� May 8,2008 }� "� / \ On the 7th day of May,2009 for value received,the City of South Burlington promises to pay Cs j CHITTENDEN BANK the principal sum of: (��A , i' 1., rG1� ' C✓� ********SIXTY TWO THOUSAND,FOUR HUNDRED TWENTY EIGHT DOLLARS ******** G\j\\\\, i I) ,' with interest at the rate of 2.95%per annum(the "Exempt Rate"), �'� p with principal and interest payable in � , 9 lawful money of the United States at the Main Office of CHITTENDEN BANK in the City of ( ''//II Burlington, Vermont. The rate of interest payable hereunder is to recalculation and a ' I,. �G' � p Y subjectpayment of �I\\�\\\\�� /� `\\\\\\C,�: a higher rate, retroactive to the date hereof,upon the happening of any event specified in paragraph(4) ,\�1•:y I \\ of the Resolution of the City of South Burlington dated May 5, 2008, the terms of which are 1I//i,t/ \ incorporated herein by reference thereto. Further, this note and all sums of money due hereunder shall �� be due and payable at the option of the holder hereof upon the happening of any event specified in , ��/%�/� � paragraph(4)of said Resolution. � ��` / etJ� I 'VI Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the `\7. 1 A\\\\III �I/�/////, � /- above maturity date,without a penalty being assessed,with prior notification being given to the bank. �� This note for $62,428.00 is issued to refund a borrowing originally issued for $78,035.00 on \ �� (�(GI '`� ////m May 15, 2007 which was issued to purchase of a low profile dump truck for the Storm Water Services �\\���\V\-�:. . ,C�, Department. This borrowing has been authorized by a vote of the City Council of the City of South :43',.. _\y VI Burlington at a meeting thereof duly noticed, called and held on May 5, 2008. Interest on this note will ii�///'4 .\ be payable at maturity. ��/— It is hereby certified and recited that all acts, conditions, and things required to be done k, I! ////�/l precedent to and in the issuance of this note have been done, have happened, and have been performed �I1\",,,� / C./' in regular and due form as required by law, and that the full faith and credit of said City of South ' �';;' \V\\\\\\vI Burlington are herebyirrevocablypledged for payment �I/�/////// v g p g of this note. E I �CJ, Dated: May 8,2008 CITY COUNCIL J ��\\�iJ jll/i�i,/Il ��%///II Treasurer ���� � �(,.v, By All or a Majority Thereof �I1�\\\A�� //off// k' = \r. \ �D `��l//1i J V I 1`1��rr�i per��/ lull � �/ I I I ii��� �rll�I� •oi� � rJ II ii\. . / � :.:... IIN ,lb 111\\rrm uninm//A "0-...rnrnr .i.mnrn^.11 I ,...n�,rni i nnnU%i �,rrm�r mc; -rile mr ;/, rl/\ iv\m.". -C 1,,, ii�., --,, a,,`.r ,/, ;,%�:�.:- _,�� T',- r.1, _�„ r llr H1�_ //h 11\\\ iniinmr// � \� ,.rnnnnunimr i rrrrn v��� �I� .pin `0'i�..., �n, .« ��S ��� _. FT;oh lIr 01�._�/lIr�111A�rrni nnrn//lIr AIAArrnrrnmi nrmai��,� `7� N r�„,,. f a n11,, ,,„1 S _ r , +r'TX„ � �t� �� b llllllll J, > ,,,.. -� ,rlt -y' ,6z - ,�F l�Ti '. �, S(ll r 1 t 1+ I �r d�s w . Y CITY OF SOUTH BURLINGTON RESOLUTION CAPITAL EQUIPMENT REFUNDING BORROWING WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the credit of the City of South Burlington for purposes of making certain capital equipment purchases, and WHEREAS,the City of South Burlington has an outstanding debt at the CHITTENDEN BANK for$78,035.00 payable May 8,2008,and WHEREAS,the City Council of the City of South Burlington finds it expedient and in the best interest of the City of South Burlington to borrow the sum of$62,428.00 to refund the outstanding indebtedness by issuing a refunding note for $62,428.00,and WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed to meet accruing costs of the same; THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said City of South Burlington issue a refunding note for$62,428.00 from the CHITTENDEN BANK,the said loan to be evidenced by a promissory note for$62,428.00 to be signed on behalf of said City of South Burlington by its City Council and dated May 8,2008 payable to CHITTENDEN BANK on the 7th day of May,2009,with interest at the rate of 2.95%per annum. BE IT FURTHER RESOLVED,that said evidence of debt when issued and delivered pursuant to this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City,as established by law; and WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen, qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed, and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the above described note or the expenditures being financed by the proceeds of the same. WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment and assessment of taxes to pay the same when due,that neither the corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our respective offices, is being questioned or contested. WE further certify that this borrowing of$62,428.00 is for the purpose of refunding a borrowing originally issued for $78,035.00 on May 15,2007 which was issued to purchase of a low profile dump truck for the Storm Water Services Department. FURTHER,we hereby certify to and covenant with CHITTENDEN BANK,its successors and assigns,including specifically the transferees, assignees,holders and owners of the above-described note, that: (1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans to any person. (2) The City of South Burlington will file when and as required with the Treasury Department or the Internal Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South Burlington. (3) That the City of South Burlington qualifies as "Small Issuer"in accordance with the Tax Reform Act of 1986,as it has not or does not reasonably expect to issue more than$5,000,000.00 in debt obligations in the current calendar year. (4) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at the rate of 6.20%, and paid to the holder thereof in any one of the following events: (a) It shall be determined that the interest paid under said note,or any part thereof,is included in the gross income to the holder thereof for federal tax purposes. (b) There shall be any breach by the City of South Burlington of any covenant set forth in paragraphs(1)-(3)hereof. WE further certify that we are the duly chosen,qualified and acting officers of the City of South Burlington as indicated below,and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on May 5,2008,whereat we were present and voting affirmatively. Dated: May 5,2008 CITY COUNCIL Treasurer By All or a Majority Thereof The foregoing signatures are true and genuine. Attest: Clerk _ oIIIMLIMOfn,_rt+ its °+d 5 J City of South Burlington �`�l' �\ 'Vit 575 DORSET STREET �it� 't,1 SOUTH BURLINGTON,VERMONT 05403 • •`'+NfO.TO W M 000'1' May 5, 2008 Chairman and City Council City of South Burlington South Burlington, VT 05403 RE: Consideration for capital equipment refunding notes for Public Works Highway Equipment and Storm Water Services To all Members: Please approve the attached capital equipment refunding notes as follows: Public Works Department— Highwav Division: 2007 Low Profile Dump Truck (2nd yr of 5) $36,105 2007 Backhoe (2nd yr of 5) $29,600 Public Works Department— Storm Water Division: 2007 Low Profile Dump Truck (2nd yr of 5) $62,428 These notes are structured on a planned financing schedule and in accordance with an approved budget, and all bear interest at a rate of 2.95%. Sinter , Denis Gravelin + Assistant City Manager ,_,, ,,,c� ���� / �(✓ CITY OF SOUTH BURLINGTON e�J,:.: CAPITAL EQUIPMENT REFUNDING NOTE II��////� � l,,/��/G1� $36,105.00 `\\ /, Burlington,Vermont :?��� A� t,, \\1 May8,2008 I lid///, r ('/ a. On the 7th dayof May,2009 for value received,the Cityof South Burlingtonpromises to a/� Y, g pay �� \ ��////� CHITTENDEN BANK the principal sum of: IA\\\\�\ (I' ( ° e/J �' . / -\\\\� i ***************THIRTY SIX THOUSAND, ONE HUNDRED FIVE DOLLARS*************** !II/////� l r =� V%9) with interest at the rate of 2.95%per annum(the "Exempt Rate"), with principal and interest payable in r 1�%/�/iII lawful money of the United States at the Main Office of CHITTENDEN BANK in the City of `\ ",C✓, Burlington, Vermont. The rate of interest payable hereunder is subject to recalculation and payment of cral;', / \�\\\\\\\I a higher rate, retroactive to the date hereof,upon the happening of any event specified in paragraph(4) !I!/////// \`�� of the Resolution of the City of South Burlington dated May 5, 2008, the terms of which are (� --a_---- incorporated herein by reference thereto. Further, this note and all sums of money due hereunder shall 1 Cam n , \ l 7/iiiii be due and payable at the option of the holder hereof upon the happening of any event specified in �II��\\\�,� -o i,a ?---, paragraph(4)of said Resolution. e/J / �\\� Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the i'%%� above maturity date,without a penalty being assessed,with prior notification being given to the bank. (9\ �, J� "ill This note for $36,105.00 is issued to refund a borrowing originally issued for $45,132.00 on �� (\, �\\\�\ �,. -, .(✓ May 15, 2007 which was issued to purchase of a low profile dump truck for the Highway Department. `/J f \\\\�III This borrowing has been authorized by a vote of the City Council of the City of South Burlington at a ���///%4 n) meeting thereof duly noticed, called and held on May 5, 2008. Interest on this note will be payable at (- , 1 maturity. a_r//////i11hereby «; It is certified and recited that all acts, conditions, and things required to be done e�J\I�G�, g q \V l' r',_ �(,/� precedent to and in the issuance of this note have been done, have happened, and have been performed G`e), >i / \\\\\\I� in regular and due form as required by law, and that the full faith and credit of said City of South !II//////,) \ ( ) Burlington are hereby irrevocably pledged for payment of this note. (6j �i��,ll -' /'C\5 Dated: May 8,2008 1,,A,� C✓' CITY COUNCIL e�A / __AA\\\�\\1 ��\\vV1 ����1 Treasurer By All or a Majority Thereof �1i��/��/5 \j (�/ f sio a� .-- no -:, sin s+r sin si'+ G�5/1,'; I,( _, , ...-„, ,, ,, ,,,,,,,,,,,,,,,, � ���—�//b H1\�„q� /�I� r rr��i i ��.,.Jl, �_� III 1��_� t �11\\ im��i�//ll�l�l�11�����n u�rygl�,,.:�11A /lh H ��" /llI r : mow 11 �=- l----- `, �; ,%�'' -" may%'- �� 1 .-- z ,<. CITY OF SOUTH BURLINGTON RESOLUTION CAPITAL EQUIPMENT REFUNDING BORROWING WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the credit of the City of South Burlington for purposes of making certain capital equipment purchases,and WHEREAS,the City of South Burlington has an outstanding debt at the CHITTENDEN BANK for$45,132.00 payable May 8,2008,and WHEREAS,the City Council of the City of South Burlington finds it expedient and in the best interest of the City of South Burlington to borrow the sum of$36,105.00 to refund the outstanding indebtedness by issuing a refunding note for $36,105.00,and WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed to meet accruing costs of the same; THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said City of South Burlington issue a refunding note for$36,105.00 from the CHITTENDEN BANK,the said loan to be evidenced by a promissory note for$36,105.00 to be signed on behalf of said City of South Burlington by its City Council and dated May 8,2008 payable to CHITTENDEN BANK on the 7th day of May, 2009,with interest at the rate of 2.95%per annum. BE IT FURTHER RESOLVED,that said evidence of debt when issued and delivered pursuant to this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City, as established by law; and WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen, qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed, and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the above described note or the expenditures being financed by the proceeds of the same. WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment and assessment of taxes to pay the same when due,that neither the corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our respective offices,is being questioned or contested. WE further certify that this borrowing of$36,105.00 is for the purpose of refunding a borrowing originally issued for $45,132.00 on May 15,2007 which was issued to purchase of a low profile dump truck for the Highway Department. FURTHER,we hereby certify to and covenant with CHITTENDEN BANK,its successors and assigns,including specifically the transferees,assignees,holders and owners of the above-described note,that: (1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans to any person. (2) The City of South Burlington will file when and as required with the Treasury Department or the Internal Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South Burlington. (3) That the City of South Burlington qualifies as"Small Issuer"in accordance with the Tax Reform Act of 1986, as it has not or does not reasonably expect to issue more than$5,000,000.00 in debt obligations in the current calendar year. (4) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at the rate of 6.20%,and paid to the holder thereof in any one of the following events: (a) It shall be determined that the interest paid under said note,or any part thereof,is included in the gross income to the holder thereof for federal tax purposes. (b) There shall be any breach by the City of South Burlington of any covenant set forth in paragraphs(1)-(3)hereof. WE further certify that we are the duly chosen,qualified and acting officers of the City of South Burlington as indicated below,and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on May 5,2008,whereat we were present and voting affirmatively. Dated: May 5,2008 CITY COUNCIL Treasurer By All or a Majority Thereof The foregoing signatures are true and genuine. Attest: Clerk -: i v\ 014/i a -°IIIIp I/i -�ii�lw ; AEI•I1II1111 . AA ,I61,1/ c0,1 0 ll/' • 0",11 I�,l/ ,-m -�A V1Hi�Ill/i sN1111 c -• i /- � r ,. ' �.. Is �� CITY OF SOUTH BURLINGTON <� pG�, ��, CAPITAL EQUIPMENT REFUNDING NOTE ll1////0/ (�\ ,' //C �II $29,600.00 `�\\\ e/JI, -1 Burlington,Vermont G�.� ` � May 8,2008 /Il/7 ,,/� ( On the 7th day of May,2009 for value received,the City of South Burlington promises to pay C `, (%/I CHITTENDEN BANK the principal sum of: I,1\sI ?\V\I ***************TWENTY NINE THOUSAND, SIX HUNDRED DOLLARS *************** j�////,li '' 9) with interest at the rate of 2.95%per annum(the "Exempt Rate"), with principal and interest payable in r` ' //�iil lawful money of the United States at the Main Office of CHITTENDEN BANK in the City of \\\ � ' Burlington, Vermont. The rate of interest a able hereunder is subject to recalculation e/JI, r C P Y hon and payment of VAul a higher rate, retroactive to the date hereof, upon the happening of any event specified in paragraph(4) j/////�/ A,,� / . �) of the Resolution of the City of South Burlington dated May 5, 2008, the terms of which are (r �' incorporated herein by reference thereto. Further, this note and all sums of money due hereunder shall (C - ///��//Ij be due and payable at the option of the holder hereof upon the happening of any event specified in 1=3' ;I' ; paragraph(4)of said Resolution. A ' Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the II/�///�/ �( above maturity date,without a penalty being assessed,with prior notification being given to the bank. (�trb4 %/�AI/ e� This note for $29,600.00 is issued to refund a borrowing originally issued for $37,000.00 on \`\ / i\��\vvv ' , May 15, 2007 which was issued to purchase a backhoe for the Highway Department. This borrowing `?� ,) / \\��`lli has been authorized by a vote of the City Council of the City of South Burlington at a meetingthereof >n) duly noticed,called and held on May 5,2008. Interest on this note will be payable at maturity. �I�////�� P Y ty (�,// It is hereby certified and recited that all acts, conditions, and things required to be done �`\ , if, IG1� precedent to and in the issuance of this note have been done, have happened, and have been performed \�\�\\\\�\'i' -. �(✓' in regular and due form as required by law, and that the full faith and credit of said City of South Z\D, ' ,1 \\ vvI •Burlington are herebyi�) g irrevocably pledged for payment of this note. �q�/////,� 7 //iii Dated: May 8,2008 CITY COUNCIL (U�.� " ', \\ II ///I 1 1! �G , I\l\\\\\c /,. (�j ' ICJ' Treasurer era I�' By All or a Majority Thereof /lip! �, \\, a--:",ift .s_,•'.•. 'n,=iiui i�l��b , �o llll� i�A.-tx/ .�1I� ``:i,'t'''7).,,--- *'% ��/\; % ���%�i: .''-'',--' =, ;, 'C �+ri�..,. - ,11111;„- __ /IR HVA //p ,`, i �� n, l/Ir 1 1A� Byrn,-T io%// 1 F%;111I� n o. ill1I� m �� /.� ii� ..i ,�_ < � � U� HA\ nl // ' /hrl\n1A� � iniliivnio ii ,Ir �1N\ l 11A� inlnli ul i I w � ), _ ., 'yr!,, ' �`'-_.__- �=-- _.. � ��,�z.�,-, � �• -ems- �``_ ,;;�:ys„L �"e, � ,..%" � � _ .y�/ CITY OF SOUTH BURLINGTON RESOLUTION CAPITAL EQUIPMENT REFUNDING BORROWING WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the credit of the City of South Burlington for purposes of making certain capital equipment purchases,and WHEREAS,the City of South Burlington has an outstanding debt at the CHITTENDEN BANK for$37,000.00 payable May 8,2008,and WHEREAS,the City Council of the City of South Burlington fmds it expedient and in the best interest of the City of South Burlington to borrow the sum of$29,600.00 to refund the outstanding indebtedness by issuing a refunding note for $29,600.00,and WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed to meet accruing costs of the same; THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said City of South Burlington issue a refunding note for$29,600.00 from the CHITTENDEN BANK,the said loan to be evidenced by a promissory note for$29,600.00 to be signed on behalf of said City of South Burlington by its City Council and dated May 8,2008 payable to CHITTENDEN BANK on the 7th day of May,2009,with interest at the rate of 2.95%per annum. BE IT FURTHER RESOLVED,that said evidence of debt when issued and delivered pursuant to this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City, as established by law; and WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen, qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed, and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the above described note or the expenditures being financed by the proceeds of the same. WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment and assessment of taxes to pay the same when due,that neither the corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our respective offices,is being questioned or contested. WE further certify that this borrowing of$29,600.00 is for the purpose of refunding a borrowing originally issued for $37,000.00 on May 15,2007 which was issued to purchase a backhoe for the Highway Department. FURTHER,we hereby certify to and covenant with CHITTENDEN BANK,its successors and assigns, including specifically the transferees,assignees,holders and owners of the above-described note,that: (1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans to any person. (2) The City of South Burlington will file when and as required with the Treasury Department or the Internal Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South Burlington. (3) That the City of South Burlington qualifies as"Small Issuer"in accordance with the Tax Reform Act of 1986,as it has not or does not reasonably expect to issue more than$5,000,000.00 in debt obligations in the current calendar year. (4) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at the rate of 6.20%,and paid to the holder thereof in any one of the following events: (a) It shall be determined that the interest paid under said note,or any part thereof,is included in the gross income to the holder thereof for federal tax purposes. (b) There shall be any breach by the City of South Burlington of any covenant set forth in paragraphs(1)-(3)hereof. WE further certify that we are the duly chosen,qualified and acting officers of the City of South Burlington as indicated below, and we acknowledge that the foregoing action was taken at a meeting duly noticed,called and held on May 5,2008,whereat we were present and voting affirmatively. Dated: May 5,2008 CITY COUNCIL Treasurer By All or a Majority Thereof The foregoing signatures are true and genuine. Attest: Clerk 1111111� i q �,, . �„ � ,o, Irr�� i .< �\ _ i "(', _ - - , � a•��• �/y. � „ i oi,�lll c9 % �'1%1I Ill CITY OF SOUTH BURLINGTON '' CAPITAL EQUIPMENT REFUNDING NOTE II/�D///,,ea / 2 $62,428.00 I �\ (1, Burlington,Vermont II\\��\\� .,,,,,',0'''':'' _ , i._ ,riJ May 8,2008 e' '` On the 7th day of May,2009 for value received,the City of South Burlington promises to pay Cal J� CHITTENDEN BANK the principal sum of: ( _ \ 1; /*� � 1 II\\\\\ // C./' ********SIXTY TWO THOUSAND,FOUR HUNDRED TWENTY EIGHT DOLLARS******** c\'.I'r 1 �� Iff//41/ with interest at the rate of 2.95%per annum(the "Exempt Rate"), with principal and interest payable in (C j �I lawful money of the United States at the Main Office of CHITTENDEN BANK in the City of �\ �� iii Burlington, Vermont. The rate of interest payable hereunder is subject to recalculation and paymentr ��� � P Y J of I �\�\\� / 1 ' ,e,�� a higher rate, retroactive to the date hereof,upon the happening of any event specified in paragraph(4) (ry,;'y i V A\\&\°I of the Resolution of the City of South Burlington dated May 5, 2008, the terms of which are iI//��//,� N, (` 1 in incorporated herein by reference thereto. Further, this note and all sums of money due hereunder shall ��' _, be due and payable at the option of the holder hereof upon the happening of any event specified in I �� �I / '///rl paragraph(4)of said Resolution. I\\\�\� 1) / ., r.1e e/JI..�I \\\F. Principal and interest may be prepaid by the Issuer of this note, in whole or in part prior to the `���'' -, above maturity date,without a penalty being assessed,with prior notification being given to the bank. I//���/ ')\'',',I J� This note for $62,428.00 is issued to refund a borrowing originally issued for $78,035.00 on _I %/�//i,j May 15, 2007 which was issued to purchase of a low profile dump truck for the Storm Water Services I�\\\\�\\ ' / ‘' (11)' ��; Department. This borrowing has been authorized by a vote of the City Council of the City of South cJ\) \\\�\41 Burlington at a meeting thereof duly noticed, called and held on May 5, 2008. Interest on this note will ��J�// ' N be payable at maturity. db`�� � It is hereby certified and recited that all acts, conditions, and things required to be done % /' l,?/�,G!�, precedent to and in the issuance of this note have been done, have happened, and have been performed etaII\\\\\\� `� `C/' in regular and due form as required by law, and that the full faith and credit of said City of South '\�, \��j\\\-\� Burlington are hereby irrevocably pledged for payment of this note. II/l��//G/l -�eji \ -,/�//��/1I Dated: May 8,2008 CITY COUNCIL �� A \\�\ / iJ ///// eta , �� %kil Treasurer By All or a Majority Thereof �I1eta�\\\�1 / ' V\\\�\1�I lI���////%/ \ ,J of I iD IIINN V—.,_,u a mn�nN ,i./l h,l lI H,.VA��,,. ,r;rr;n i rnro/➢,/lIr 11A�;•,tal;o.n'. i i„me�pa,�,i-/. �d � � '‘‘‘I' ''''''" r gqrrrr:ni; (�� � � � /� � � \ �� , , .n ;, ap� � :� II�I „ . pI1A� , r ➢il , _ ,1�,rr_ , /1�� ,,m i//n\ rr, !/ l\� gn �/11 A`�u uj/lllN1 i n �i": II ,l:.,; I CITY OF SOUTH BURLINGTON RESOLUTION CAPITAL EQUIPMENT REFUNDING BORROWING WHEREAS,the City Council of the City of South Burlington are authorized and empowered to borrow money on the credit of the City of South Burlington for purposes of making certain capital equipment purchases, and WHEREAS,the City of South Burlington has an outstanding debt at the CHITTENDEN BANK for$78,035.00 payable May 8, 2008,and WHEREAS,the City Council of the City of South Burlington fords it expedient and in the best interest of the City of South Burlington to borrow the sum of$62,428.00 to refund the outstanding indebtedness by issuing a refunding note for $62,428.00,and WHEREAS,the City Council has been and is now providing essential governmental services and funds are needed to meet accruing costs of the same; THEREFORE,BE IT RESOLVED that the City Council of the City of South Burlington for and in behalf of said City of South Burlington issue a refunding note for$62,428.00 from the CHITTENDEN BANK,the said loan to be evidenced by a promissory note for$62,428.00 to be signed on behalf of said City of South Burlington by its City Council and dated May 8,2008 payable to CHITTENDEN BANK on the 7th day of May,2009,with interest at the rate of 2.95%per annum. BE IT FURTHER RESOLVED, that said evidence of debt when issued and delivered pursuant to this Resolution shall be a valid and binding general obligation of the City of South Burlington,payable according to the terms and tenor thereof from unlimited ad valorem taxes duly assessed on the grand list of taxable property in said City,as established by law; and WE,the said City Council and Treasurer of the City of South Burlington,hereby certify that we are the duly chosen, qualified and acting officers as undersigned,that the note is issued pursuant to authority,that no proceeding relating thereto has been taken other than as shown in the foregoing recital,that no such authority or action has been amended or repealed, and that there is no litigation threatened or pending in any state or federal court of competent jurisdiction seeking to enjoin either the issuance of the above described note or the expenditures being financed by the proceeds of the same. WE further certify that no litigation is pending or threatened affecting the validity of the note or the apportionment and assessment of taxes to pay the same when due,that neither the corporate existence nor the boundaries of the City of South Burlington,nor the title of any of us to our respective offices,is being questioned or contested. WE further certify that this borrowing of$62,428.00 is for the purpose of refunding a borrowing originally issued for $78,035.00 on May 15,2007 which was issued to purchase of a low profile dump truck for the Storm Water Services Department. FURTHER,we hereby certify to and covenant with CHITTENDEN BANK,its successors and assigns,including specifically the transferees, assignees,holders and owners of the above-described note,that: (1) No proceeds of the note(including investment proceeds thereof)will be used(directly or indirectly)in any trade or business carried on by any person other than the City of South Burlington,nor used to make or finance loans to any person. (2) The City of South Burlington will file when and as required with the Treasury Department or the Internal Revenue Service information returns relating to the issuance of the note and all other obligations of the City of South Burlington. (3) That the City of South Burlington qualifies as "Small Issuer" in accordance with the Tax Reform Act of 1986,as it has not or does not reasonably expect to issue more than$5,000,000.00 in debt obligations in the current calendar year. (4) The interest charged to and payable by the City of South Burlington under the note shall be recalculated at the rate of 6.20%,and paid to the holder thereof in any one of the following events: (a) It shall be determined that the interest paid under said note,or any part thereof,is included in the gross income to the holder thereof for federal tax purposes. (b) There shall be any breach by the City of South Burlington of any covenant set forth in paragraphs(1)-(3)hereof WE further certify that we are the duly chosen,qualified and acting officers of the City of South Burlington as indicated below,and we acknowledge that the foregoing action was taken at a meeting duly noticed, called and held on May 5,2008,whereat we were present and voting affirmatively. Dated: May 5,2008 CITY COUNCIL Treasurer By All or a Majority Thereof The foregoing signatures are true and genuine. Attest: Clerk .40 ti soutliburlington PLANNING & ZONING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD AGENDA Tuesday, May 6, 2008 Deliberative Session 7:00pm Regular Meeting 7:30pm City Hall Conference Room, 575 Dorset Street 1. Other business/announcements 2. Minutes of April 1, 2008 and April 15, 2008. 3. Continued sketch plan application#SD-08-12 of Allen Road Land Company for a planned unit development consisting of 30 multi-family dwelling units in four (4) buildings,with two (2) existing single family dwellings, 725 Hinesburg Road& 18 Derby Circle. 4. Continued final plat application#SD-08-01 of John Larkin and Cupola Golf Course to amend a previously approved planned unit development consisting of five (5) multi- family dwellings for a total of 160 units and a 40 unit congregate care facility. The amendment consists of: 1) reducing the width of the proposed public street from 30 ft to 28 ft and 2) site modifications to the two (2) multi-family dwellings on Larkin lot #2, Quarry Hill Road. 5. 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. 6. Appeal#AO-08-04 of of Kathleen Kelleher, Dorene Quesnel &Melinda Tate appealing the decision of the Administrative Officer to issue Zoning Permit#ZP-08-069 to Indian Creek Condominium Association, 911 Dorset Street#35. 7. Site plan application#SP-08-25 of Gardner&Sons Development Corp. to construct a three (3) unit multi-family dwelling, 18 Southview Drive. 8. Miscellaneous application#MS-08-02 of Mark Kelley for to construct a 437 sq. ft. addition to an existing dwelling with an 876 sq. ft. footprint, 66 Bartlett Bay Road. 9. Miscellaneous application#MS-08-03 of Marcel Beaudin to amend a previously approved plan for the reconstruction of a single family dwelling. The amendment consists of revising the location and dimensions of a deck, 5 Lyons Avenue. 10. Site plan application#SP-08-26 of Allen Road Land Company for an accessory residential unit, 78 Haymaker Lane. Development Review Board Agenda May 6, 2008 11. Continued preliminary plat application#SD-08-17 of Sierra Pacific II to amend a planned unit development consisting of 210 residential units,a 61 room hotel,a 20,000 sq. ft. movie theater building (1000 seats), a 22,500 sq. ft. restaurant/medical office/day care building, a 3500 sq. ft. restaurant with drive-through service,and a bank with drive-through service. The amendment consists of: 1) constructing a 4000 sq. ft. addition to the building at 7 Fayette Drive and 2) converting 17,900 sq. ft. of restaurant and indoor recreation use to retail use, 7 Fayette Drive. 12. Prelminary plat application#SD-08-21 and final plat application#SD-08-22 of Verizon New England for a planned unit development consisting of installing two (2) utility cabinets on concrete pads, 75 Community Drive. 13. Conditional use application#CU-08-02 of Omnipoint Communications, Inc. to install: 1) three (3) panel antennas at a height of 91 feet on an existing telecommunications tower, and 2) four (4) equipment cabinets, 2026 Williston Road. 14. Site plan application#SP-08-24 of Omnipoint Communications, Inc. to install: 1) three (3) panel antennas at a height of 91 feet on an existing telecommunications tower, and 2) four (4) equipment cabinets, 2026 Williston Road. 15. Appeal#AO-08-05 of Wesco, Inc. appealing the decision of the Administrative Officer to deny a request for temporary Certificate of Occupancy#CO-08-27, 1118 Williston Road. 16. Appeal#AO-08-03 of Century Partners, LP appealing the decision of the Administrative Officer to deny Certificate of Occupancy application#CO-08-26, 2 Market Street. 17. Continued conditional use application#CU-07-09 of L.E. Farrell, Inc., to change the use of a 94,000 sq. ft. light manufacturing building to warehousing,processing, storage, and distribution use, 20 Karen Drive. 18. Site plan application#SP-07-83 of L.E. Farrell, Inc. to change the use of a 94,000 sq. ft. light manufacturing building to warehousing,processing,storage, and distribution use, 20 Karen Drive. Respecfbmitted, on J. air Adminis ative Officer - 2 - A • 2008 LIQUOR LICENSE FIRST CLASS LIQUOR LICENSE TO SELLR$RENEWAL ANDAPPLICATION CATION MALT 1749-001-1RST-01 ES License Year Beginning May 1, 2008 ending April 30, 2009 Page 1 Fee: $200.00 of which $100.00 is paid to town/city $100.00 is paid to DLC Town: 04065. - FILE APPLICATION IN DUPLICATB SOUTH B77RI+INGTON MISREPRESENTATION OF A , MISREPRESENTATION SUSPENSION AR MATERIAL FACT ON ANY ILCN, AFTER LICENSE APPLICATION ANDDLL BER GROUNDS Applicant: Review all of the information presented on this form, indicating any changes NOTICE HEARING Applicant: Cupola Golf Course, Inc. 9es in the spaces provided. Doing Business As: Quarry Hill Club 360 Spear Street Mailing Address: South Burlington VT 05403 360 Spear Telephone: (802) 862-5200 Street South Burlington VT 05403 Description of Premises: Restaurant on the 1st floor of a 1 story wood frame building situated within the confines of the Old Stone Quarry, Premises: XX Owned Leased Course property, designated as 360 Spear S onf theh formerCity CupolaSt Golf Burlington, VT. in the City of South .ast Enforcement Seminar: r Date of Incorporation: 01/01/1963 Currently Valid Charter: Yes State of Charter: Federal ID Nor: V3rm2n5 Majority of Directors are US Citizens: 0 -01V41 y ►TTACB AN ADDITIONAL es VT Residents: Yes AND DA THAT SHEET TO THIS APPLICATION NOTING ANY NECESSARY CORRECTIONS HAVE OCCURRED DURING THE PAST YEAR. OR CHANGES orporation Name irector 1. DesLauriers, Ruth Address irector 2. DesLauriers, Ralph 2543 East Main Street Town/City State Zip Code irector 3. DesLauriers, Ed 2543 East Main Street Richmond VT 05477 rector 4. DesLauriers, Ruth E 370 Maple Street, Apt E Richmond VT 05477 rector 5. Smullen, Christina 284 Hubbard Burlington rector 4 Sebring Road Stamford VT 05401 6. Smullen, Jim CT ockholder 7. DesLauriers, Ruth 4 Sebring Road South Burlington ockholder 2543 East Main Street South Burlington VT 05403 8. DesLauriers, Ralph VT 05403 ockholder 9. DesLauriers, Ed 2543 East Main Street Richmond VT 05477 ockholder 10. DesLauriers, Ruth E -�:' 370 Maple Street, Apt E Richmond VT ockholder 11. Smullen, Christina 284 Hubbard Burlington 05477 4 Sebring Road Stamford VT 05401 South Burlington CT Social Security Date of VT 05403 Number Birth -- 1. On File Place of Birth 2. On File Guadalajara, Mexico 3. On File On File Burlington, VT 4. On File On File Burlington, VT 5. On File On File Burlington, VT 5. On File On File Burlington, Vt. 7. On File On File 8. On File Guadalajara, Mexico 8. On File On File Burlington, VT 1 . On File On File Burlington, VT 10. On File On File Burlington, VT On File Burlington, Vt. litional stockholders are on file any director not born in the United States? /cs No aturalized citizen, please complete the following information: Name mLauriers, Ruth Court Where Naturalized Location (City/State/Zip Code) Vermont District Burlington Vt Date ny director or stockholder been convicted or 01/01/1950 w (including traffic tickets by mail)? XX Yes No to s, please attach the following information: Individual'snam co rt/trafficobur reau, offtor ense and nse in any court offense date Continued on next page • • 2008 LIQUOR LICENSE RENEWAL APPLICATION -01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES 1749-001-1RST Paagege 2 Does any director or stockholder of the corporation hold any elec 've or appointive state, county, city, village or town office in Vermont (See VSA, T.7, Ch.9, Sec. 223)? Yes If yes, please complete the following information: Name Office Jurisdiction Vt. Dept. of Health Food License No.: 961 Dept.Vt. Health ging No.: Vt. Tax Dept. Meals & RoomsCert./Acct. No.: 08727 Outside Consumption Permit?: XX Yes No Are there any changes to this Outside Consumption area?: Yes (If yes, attach necessary information) Covered deck, sixteen by ninety feet, and pool side. Physical barrier around the area is ten foot high fence. Disclosure of Non-profit Organization?: Yes XXNo Amusement Machine Permit?: Yes XX No ALL APPLICANTS MUST COMPLETE AND SIGN The applicant understands and agrees that the Liquor Control Board may obtain criminal history record. information from state and Federal record repositories. I/We hereby certify, under the pains and penalties of perjury, that I/We are in good standing with respect to or in full :ompliance with a plan approved by the Commissioner of Taxes to pay any and all taxes due the State of Vermont as of the date )f this application. (VSA, Title 32, Section 3113) espI/Wet to certpifytthataI/Wenarellre otoundt er an o oblith igation topay chd support or that I/We are in good standing with order. (VSA, Title 15, Section 795) plan o paY anyand all child support payable under a support In accordance with 21 VSA, Section 1378(b), I/We certify, under pains and penalties of perjury, that I/We are in good tanding with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of ontributions due to the Department of Employment and Training. I/We have registered the trade name of these premises with the Secretary of State. I/We hereby certify that the information in this application is true and complete. 3ted at 6 / in the county of t� HT� (�/L VT--and State of lis 27 day of 2Ct , Signature of authorized agent of corporation, compan u• or associatio/ Signature of individual or partners 2711/ (Title) a you making this application for the benefit of any other party? Yes ./No LL APPLICANT APPLY FOR A THIRD CLASS (SPIRITUOUS LIQUOR) LICENSE? Yes No Continued on next page 2008 LIQUOR LICENSE RENEWAL APPLICATION 1749-001-1RST-01 FIRST CLASS RESTAURANT LICENSE TO SELL MALT AND VINOUS BEVERAGES Page 3 Upon being satisfied that the conditions precedent to the granting of this 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 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 licens . �%i'' 'J l cZL 3 IIJIJI I �, Vermont, APPROVED DISAPPROVED Approved by Board of Control Commissioners of 4 or Town �: iO4 ,�I f Total Membership 6 , members present Attest +• '1 1�l , Town Clerk TOWN OR CITY CLERK SHALL MAIL BOTH COPIES OF APPROVED APPLICATIONS DIRECTLY TO: DEPARTMENT OF LIQUOR CONTROL GREEN MOUNTAIN DRIVE, DRAWER 20 MONTPELIER, VT 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 license application shall be considered binding except as taken or made at an open public meeting. VSA T-1,Sec.312 r Quarry Hill Club 360Spear Street South Burlington, VT Tel. 862-5200 February 27,2008 Attachment to the 2008 Liquor License Renewal Application Has any director been convicted of a motor vehicle violation? Yes,Ralph E.Deslauriers has been convicted of a motor vehicle dwi offense by the VT District court of Burlington for a offense in 1999.