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HomeMy WebLinkAboutMinutes - City Council - 11/02/2009 (2) 401 southburlington Charles E. Hafter, City Manager AGENDA SOUTH BURLINGTON CITY COUNCIL CITY 1-EALL CONFERENCE ROOM 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Meeting 7:00pm Monday Nov. 2 , 2009 1) Comments and Questions from the public (not related to the Agenda). 2) Announcements and City Manager's Report. * 3) Presentation of Resolution Honoring the International Experience and Exchange Students from Perigueux, France. 4) Invitation from Veterans Committee for Veterans Day Program at South Burlington High School, Jay Zaetz. * 5) Review of final floor plan and space needs for 19 Gregory Dr renovation; Trevor Whipple, Chief of Police. * 6) Consideration of Purchase and Sale Agreement with R.E.M. Development Company, LLC for 19 Gregory Drive, Steve Stitzel, City Attorney. * 7) Discussion with Abigail Friedman, Director, VLCT Municipal Assistance Center, on City Manager selection process. 8) Update on Regional Plan development process; Charlie Baker, Executive Director, CCRPC and Garrett Mott, Chair. * 9) First reading of Amendments to Land Development Regulations, various items; schedule of public hearing on same (suggest Dec. 7, 2009); Paul Conner, Director of Planning & Zoning. * 10) Consideration of appointment of Cathy Sheffield to Library Board. * 11) Consideration of acceptance of Oakwood Dr. Extension and Eldredge Street as public streets. * 12) Review the agenda for the Development Review Board meeting, Nov. 3, 2009. * 13) Review and approve minutes from regular meeting held Oct. 19, 2009. * 14) Reconvene as Liquor Control Board to consider Liquor License for a new Golf Club: Gonzo's Indoor Golf Club & Academy, LLC 15) Sign disbursement orders 16) Adjourn Respectfully Submitted: 575 Dorset Street South Burlington, VT o54oLllt ®I!-la ':'P1,1e7tytililrsager46.41o1 www.sburl.com Press Release: Veterans Day Celebration To Be Held Again At The South Burlington High School The South Burlington Veteran's Committee once again is planning a Veteran's Day ceremony at South Burlington High School on Wednesday,November 11th,at 10:00 a.m., in the gymnasium. The theme of the event will be to honor veterans of all wars past and present with a special emphasis on honoring and supporting the families of our military who are serving in Iraq and Afghanistan. This year our keynote speaker will be Brigadier General Jon Farham. The VFW Speech Contest Winner, a student from South Burlington High School will also give their speech at this ceremony. The SBHS Chamber Singers will also perform. A special recognition of SBHS faculty and students who have served along with the members of our veteran community. We also hope to have a web cam set up with a local Vermont Guardsman who is serving in Afghanistan or Iraq and have that person say a few remarks and answer some questions from the students. This veteran's day celebration is open to all veterans of South Burlington and their families who would like attend. Jay L. Zaetz South Burlington Veteran's Day Committee 658-3494 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and effective this day of , 2009, by and between R.E.M. DEVELOPMENT COMPANY, LLC, a Vermont limited liability company with a place of business in Williston, Vermont (the"Seller"), and the CITY OF SOUTH BURLINGTON, a municipality organized and existing under the laws of the State of Vermont(the "Purchaser") (hereafter Purchaser and Seller may be collectively referred to as the"Parties"). WHEREAS, Seller owns certain real property with building, fixtures, and improvements thereon, located at 19 Gregory Drive in the City of South Burlington, Vermont (the"Property"); and WHEREAS, Seller intends to submit the Property to a condominium regime with two (2) Units: (a) Unit 1 consisting of approximately 13,000 square feet, which is currently leased to EPS, Inc.; and (b)Unit 2 consisting of approximately 33,313 square feet, both Units being depicted on a plan entitled"19 Gregory Drive Condominium," dated , 2009, prepared by Lamoureux &Dickinson, a copy of which is attached hereto as Exhibit A(the "Plan"); and WHEREAS, Purchaser is desirous of purchasing Unit 2 for use as a municipal police station and other municipal offices, upon the terms and conditions set forth below; and WHEREAS, Seller and Purchaser are desirous of entering into an Option Agreement for Seller's lease and/or purchase of Unit 1, which Option Agreement will be executed prior to the Closing, as defined herein; and WHEREAS, prior to the Closing, the Parties may enter into a Fit-Up and Specification Agreement for the interior fit-up of the Premises. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which each party hereto acknowledges to the other, Purchaser and Seller hereby agree as follows: 1. The Premises. Purchaser agrees to purchase from Seller, and Seller agrees to sell, transfer and deliver to Purchaser Unit 2, as is, consisting of approximately 33,313 square feet located on two (2)floors of the building (the "Premises"), as depicted on the Plan. 2. Purchase Price. The purchase price for the Premises to be paid by Purchaser to Seller(the"Purchase Price") is Four Million Four Hundred Thousand and 00/100 Dollars ($4,400,000.00)and shall be paid by bank or certified check or readily available funds at Closing (as hereinafter defined). 3. Carrying Costs for the Premises. Purchaser has agreed to pay for the carrying costs related to the Premises for the time period between April 1, 2009 and Closing(the "Carrying Costs"), which shall be calculated and paid as follows: (a) First Payment: For the time period between April 1, 2009 through September 15, 2009,Purchaser is responsible for interest in the amount of four percent per annum (4%)on the Purchase Price and property taxes on the Premise, totaling Ninety-Seven Thousand Three Hundred Twelve and 54/100 Dollars($97,312.54), which shall be paid upon Purchaser's execution of this Agreement,by bank or certified check, or readily available funds; and (b) Second Payment: For the time period between September 16, 2009 through the date of Closing, Purchaser shall be responsible for paying four percent per annum (4%)interest on the Purchase Price, plus property taxes for the Premises, (equal to 73%of the property tax incurred by Seller for the Property), which shall be paid to Seller at Closing by bank or certified check, or readily available funds. (c) The parties hereby agree that the Carrying Costs do not represent a deposit, are non-refundable and are not attributable to the Purchase Price at Closing. 4. Fit-Up and Specification Agreement. The Parties may enter into a Fit-Up and Specification Agreement prior to Closing in which Seller, at Purchaser's sole cost and expense, would complete the interior fit-up of the Premises. 5. Condominium Documents. Prior to Closing, Seller will record a Declaration of Condominium for the Property. Seller agrees to provide Purchaser with the Declaration of Condominium within fifteen(15) days of the Parties' execution of this Purchase and Sale Agreement. Purchaser shall approve the Declaration of provide Seller a written request for changes within ten(10)business days of receipt of the Declaration. If after twenty(20)business days the parties are unable to agree on the terms of the Declaration, despite their best efforts to do so, either party may provide the other written notice terminating this agreement. Upon such termination, both parties shall be relieved of further performance under this Agreement with the single exception that Purchaser shall be obligated to pay Seller for any Carrying Costs accrued under Section 3(b)through the date of termination. 6. Closing. The Closing shall take place on or before December 31, 2009. 7. Recording Fees and Costs of Closing. Seller shall bear the cost of preparation of the Warranty Deed. Purchaser shall pay the Vermont Property Transfer Tax due on account of this sale. Purchaser shall also bear the cost of recording all documents contemplated by this Agreement, except for discharges of any liens and encumbrances. Seller shall pay any Land Gains Tax due on this sale. Each party shall pay its own legal fees incurred in connection with this Agreement and the transaction contemplated herein. It is understood and agreed that the title required to be furnished by Seller shall be marketable and the marketability thereof shall be determined in accordance with the Vermont Marketable Title Act(27 V.S.A. §601 et seq.). 2 8. Apportionments and Taxes. Taxes and assessments, both general and special, lease rents and security deposits, if any, and water, sewer, or other municipal charges shall be prorated as of Closing. 9. Possession and Occupancy. Seller shall deliver possession of the Premises to Purchaser upon the Closing Date. 10. Condition of Premises at Closing. Full possession of the Premises free of all tenants and occupants is to be delivered at the time of the Closing, the Premises to be then(a)not in violation of any applicable environmental, health, safety, building, subdivision, zoning and land use laws, (b)broom clean, and (c) in compliance with the provisions of any other applicable laws and regulations. 11. Examination of Title. Purchaser shall immediately cause the title to the Premises to be examined. Purchaser shall notify Seller in writing no later than fifteen(15) days of the execution hereof, of any encumbrances or defects that cause title to the Premises to be unmarketable under Vermont law. In the event of notification of such encumbrances or defects, Seller shall have fifteen(15) days from the date of notification, to cure any such encumbrances or defects in order that title to the Premises shall be marketable. In the event Seller fails or is otherwise unable to cure any such encumbrances or defects by such date, Purchaser may terminate this Agreement by giving written notice to Seller,and all rights and obligations of the parties hereunder shall terminate. At any time prior to the termination of this Agreement, Purchaser shall have in its sole discretion the right to elect to accept such title as Seller can deliver to the Premises in its then condition and to pay therefor the Purchase Price, in which case Seller shall convey such title to the Premises. 12. Conditions to Purchaser's Obligations. • (a)Environmental Information. It shall be a condition of closing that Seller will fully disclose to Purchaser environmental information concerning the Property known to Seller and shall allow Purchaser to perform reasonable, non-destructive environmental due diligence on the Property. (b)Permits. The Property shall be in compliance with all of the requisite State and Municipal Permits as of the date of Closing. (c) Condominium Documents. The Seller shall record the Declaration of Condominium for 19 Gregory Drive Condominium which the parties approved pursuant to Section 5. (d)Title Report. Purchaser shall have obtained a satisfactory title report showing title to the Property to be free from defects and encumbrances, as of the date of Closing. (e) Seller's Obligations. Seller shall have satisfied, performed and complied with in all material respects with the terms, covenants, and conditions required by this Agreement to be performed and complied with by the Seller on or before the date of Closing. 3 (f) The amendments to the South Burlington Land Development Regulations approved by the City Council on October 5, 2009 shall be in effect and not subject to a petition submitted pursuant to 24 V.S.A §4442 (d). (g)Purchaser shall have obtained all permits and approvals required by the South Burlington Land Development Regulations and 10 V.S.A. Chapter 151 (Act 250)to utilize the Premises to provide facilities for the South Burlington Police Department and said permits and approvals have become final 13. Conditions to Seller's Obligations. (a)Purchaser's Obligations. Purchaser shall have satisfied, performed and complied in all material respects with the terms, covenants, and conditions required by this Agreement to be performed and complied with by the Purchaser on or before the date of Closing. 14. Condemnation. Seller shall promptly notify Purchaser of any notice that Seller receives of any proposed or contemplated condemnation or eminent domain proceeding between the date hereof and Closing. In the event of any condemnation or proposed condemnation or eminent domain proceeding prior to Closing, then Purchaser may either: (a)proceed with the Closing for the Premises, accept title to such portion of the Premises as Seller still owns, and receive an assignment from Seller of all of Seller's claims, remedies and rights against the taking entity and all sums becoming due as a result thereof; or(b)terminate this Agreement by giving notice thereof to the Seller and neither Purchaser nor Seller shall have any further obligation to the other regarding the Premises and this Agreement shall be void and of no further force and effect. 15. Broker. Seller and Purchaser represent and warrant to each other that they have not retained the services of any real estate agent or broker in connection with this transaction. Notwithstanding the foregoing, Purchaser acknowledges that it retained Hickok&Boardman Commercial Realty, Inc. as its real estate consultant. Seller agrees to pay the Hickok& Boardman Commercial Realty, Inc.'s consulting fees, up to the maximum amount of Fifty Thousand and 00/100 ($50,000.00), at Closing. 16. Default. (a) If Purchaser breaches this Agreement and fails to perform any of the obligations and conditions to be performed and satisfied by it hereunder,then Seller shall have the right to pursue its rights to legal and equitable remedies provided by law, including but not limited to, payment of the Carrying Costs as set forth in Section 3 above; and (b) If Seller breaches this Agreement and fails to perform any of the obligations and conditions to be performed and satisfied by it hereunder, the Purchaser may pursue an action for specific performance. 4 17. Binding Effect, Assignment. This Agreement shall be binding upon and inure to the benefit of Seller, Purchaser, and their respective legal representatives, and successors. Purchaser and Seller each represent that the person executing this Agreement on their behalf has the requisite authority to do so. Neither Purchaser nor Seller may assign its rights and obligations under this Agreement without the other party's prior written consent. 18. Notices. Any notice to be given hereunder shall be in writing and shall be sent postage prepaid by certified U.S. mail, hand delivery, or overnight courier and addressed as follows: If to Seller: R.E.M. Development Company, LLC 599 Avenue D Williston, VT 05495 With a copy to: Peter M. Doremus, Esq. Doremus Roesler&Kantor Hickok&Boardman Place 346 Shelburne Rd., Suite 401 P.O. Box 445 Burlington, VT 05402-0445 If to Purchaser: City of South Burlington 575 Dorset Street South Burlington, VT 05403 With a copy to: Stitzel, Page&Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 or to such other person or address as the party entitled to notice shall have specified by written notice to the other party given in the foregoing manner. Any notices required to be given under this Agreement shall be deemed given upon receipt. 19. Entire Agreement: Amendment. This Agreement embodies the entire agreement and understanding between the Purchaser and the Seller relating to the subject matter hereof and there are no covenants, promises, agreements, conditions or understandings, oral or written, except as herein set forth. This Agreement may not be amended, waived or discharged except by an instrument in writing executed by the party against whom such amendment, waiver or discharge is to be enforced. This Agreement shall be governed by the laws of the State of Vermont. 20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5 • 21. No Recording. The Parties agree that this Purchase and Sale Agreement will not be recorded without the prior express written consent of the Parties. 22. Risk of Loss; Insurance. During the period between the date of this Agreement and the Closing, risk of loss shall be on Seller. Seller shall continue to carry such fire and extended coverage insurance as is presently maintained on the Property. In the event the building or improvements on the Property are destroyed or damaged and are not restored to their present condition by the Closing, Purchaser may either accept title to the Premises and receive the benefit of all allocable insurance monies recovered on account of such damage or terminate this Agreement. IN WITNESS WHEREOF, this Agreement is hereby executed by the parties effective on the date indicated on the first page of this Agreement. IN PRESENCE OF: R.E.M. DEVELOPMENT COMPANY, LLC By: Witness Duly Authorized Member STATE OF VERMONT CRITTENDEN COUNTY, SS. At , in said County and State,this day of 2009, personally appeared , Duly Authorized Agent of R.E.M. DEVELOPMENT COMPANY, LLC., and he acknowledged the within instrument, by him subscribed, to be his free act and deed and the free act and deed of R.E.M. DEVELOPMENT COMPANY, LLC. Before me, Notary Public My commission expires: 6 CITY OF SOUTH BURLINGTON By: Witness Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At , in said County and State,this day of , 2009, personally appeared Duly Authorized Agent of the CITY OF SOUTH BURLINGTON, and he/she acknowledged the within instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me, Notary Public My commission expires: 7 Eva south Charles E. Hatter, City Manager October 29, 2009 Chair and City Council South Burlington, VT 05403 Re: Consideration of appointment of Cathy Sheffield to Library Board To All Members: At your request, Cathy Sheffield,applicant to the Library Board of Trustees, has attended a meeting of the Board. The Board President Nancy Simson and Community Librarian Louise Murphy recommend her appointment to the Library Board. Sincerely, - CIA Charles Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com VERMONT COMMUNITY DEVELOPMENT PROGRAMRESOLUTION FOR SINGLE APPLICANT Grant Application RESOLUTION FOR VCDP GRANT APPLICATION AUTHORITY Single Applicant/ WHEREAS,the G fly of £ TK 49�,ei,evi"-c�(hereinafter"Applicant")is applying for a Grant under the Vermont Community Development Program; and WHEREAS,it is necessary that an application be made and agreements be entered into with the State of Vermont. Now,THEREFORE,BE IT RESOLVED as follows: 1. that Applicant possesses the legal authority as defined in the State Act[10 VSA§683(8)]to apply for the grant and to administer the program;and 2. that Applicant apply for a grant under the terms and conditions of said program and agree hereby to enter into Certifications and Assurances there of; and 3. the Applicant has a duly adopted and current Municipal Plan /df,4,Qc# ADD 4,(Date Adopted)and that the project is consistent with said plan;and OR the Applicant has a duly adopted Community Development Plan (Date Adopted)and that the project is consistent with said plan; and 4. the Applicant has received documentation from the Regional Planning Commission that the project is consistent with the"Regional Plan;and 5. that 'Enu,s fQ,o_v,c�, is hereby authorized to be Contact Person and as such to provide,on behalf ofplicant,all documents and information necessary for the completion of said application and to provide such coordination as may be necessary for said application; and 6. that(Name) CA4 -RL Fs //4-tTEyc_ Title Ci7r 4 ,✓/ GEi� who is either the Chief Executive Officer(CEO), as defined by 10 VSA§683( , or is the Town Manager,the City Manager,or the Town Administrator,is hereby designated to serve as the Authorizing Official(AO)for the Grants Management On-line System,Intelligrants;and 7. that it is understood that,if the application is funded,the receipt of VCDP funds,as federal funds passed through the State of Vermont,may require that an audit of the Applicant be conducted under the provisions of the Single Audit Act, as amended, and that VCDP funds may be used to fund only a limited portion of the audit cost. Passed this day of m �/z- ,o?oO7 LEGISLATIVE BODY The above resolution is a true and correct copy of the resolution as adopted at a meeting of the Legislative Body held on the day of , ,and duly filed in my office. IN WITNESS WHEREOF,I hereunto set my hand this day of . Clerk Signature Agency of Commerce and Community Development 41 ht t.t"..* south i _ PLANNING & ZONING AGENDA South Burlington Development Review Board Tuesday, November 3, 2009 7:30pm Regular Meeting City Hall Conference Room, 575 Dorset Street, South Burlington, VT 1. Other business/announcements 2. Minutes of September 23, October 6, and October 20, 2009. 3. Miscellaneous application #MS-09-08 of Brad Gardner to alter the existing grade by adding 300 cubic yards of fill to construct a street turn-around for a proposed city street, 1398 Hinesburg Road (opposite Butler Farm). 4. Miscellaneous application #MS-09-09 of Joe Larkin to alter the existing grade by adding 800 cubic yards of fill, 23 Pinnacle Drive. 5. Continued sketch plan application #SD-09-45 of Algimantas & Neringa Shalna to subdivide a 39,475 sq. ft. parcel into three (3) lots of 13,938 sq. ft. (lot 2A), 12,746 sq. ft. (lot 2B), and 12,746 sq. ft. (lot 2C), 45 Highland Terrace. 6. Continued site plan application #SP-09-63 of Burlington International Airport to construct two (2) additional parking levels to an existing three (3) level parking garage to accommodate 1370 vehicles, 1200 Airport Drive. 7. Continued sketch plan application #SD-09-40 of New England Expedition — South Burlington for a planned unit development on a 57.26 acre parcel developed with a hotel and restaurant. The project consists of: 1) subdividing the property into four (4) lots, 2) constructing a shopping center to include four (4) buildings totaling 120,800 sq. ft., and 3) constructing 70 residential units, 1076 Williston Road (Whole Foods). Resp ully Submi d, .k f‘\: aymond J. Belair Administrative Officer Skitile"'"P south . . PLANNING & ZONING MEMORANDUM TO: Chuck Hafter, City Manager FROM: Ray Belair, Administrative Officer D.-- DATE: October 27, 2009 RE: Eldredge Street Acceptance The City has been requested to accept Eldredge Street as a City Street (see attached plan). Both Jay Nadeau and Bruce Hoar have given their approval for acceptance. Please ask the City Council to accept this new street. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com • IH ff1111110 pYSJI 6 V /f ;y 044 1 I to'� r' / a 0.4 Q I .M c18•j._�� 1 e u N o a wl L� _ a\ fir /y s s9 911 •DAL e ��) $9 it!, ili kVI & l * kti. ,1, I 1 o g 1'; 4 7i0<3 1111 WI! • I ,1 _.6.7 LF cMOFOZ99N a,�q I o _--t'-- o 1 J n 3'\ t? i / 9' N fro i;!1!Ilt4 I 1) I i it - ,/741 \tf: 3 11/14<.‘ " / p4tia4��< II y6 Zu , E. -ntiti% o I tt t• .i"i;" \ ‘,3 4 ,3; ---------Y 7i:'. '-'1 '' . 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A A I 89��G� �/l�l / h O 5 g 2 x0 t II` I L. m I S31b'IOOSSb`3i+3/1 � , I Tom Dipietro, 01:27 PM 11/2/2009, Quick Project Overview Page 1 of l Subject: Quick Project Overview Date: Mon, 2 Nov 2009 13:27:44 -0500 X-MS-Has-Attach: X-MS-TN EF-Correlator: Thread-Topic: Quick Project Overview Thread-Index: Acpb6itMTeFiUVMqRX+QPBp6TXQ79g== From: "Tom Dipietro" <tdipietro@sburl.com> To: "Chuck Hafter" <chafter@sburl.com> Hi Chuck, Here is a very brief overview of our stormwater projects that are currently in active construction. • Quarry Ridge— Project is substantially complete. There is an issue with the outlet structure that is allowing water to seep through. Contractor is coming back to fix this problem in mid to late November • Winding Brook— Project is substantially complete. Fence was installed last week. • Twin Oaks— Under construction. Contractor is 80% done with the pond. He still needs to fix some piping and finish the pond. He plans to come back in the winter when the ground has hardened up. • Ridgewood / Indian Creek—Contractor is not yet on site. He had planned to be on site in October but got held up on another job. I will be getting an updated schedule on Wednesday, however, the contractor has until spring to finish work. • Harbor Heights— Delayed until easement issues are sorted out. Original plan shows access and drainage pipe on the neighboring property. Homeowners weren't able to secure this easement and they are looking into other options. • Oak Creek Village Micropool— Project is substantially complete. Fence will be installed the week of 11/16. Contractor returning in the spring to plan trees and wetland plants. I'm happy to provide additional information on these projects, or other projects that we are working on that are not currently under active construction. Just let me know. Cheers, Tom Thomas J. DiPietro Jr. Stormwater Superintendent South Burlington Stormwater Utility 575 Dorset Street South Burlington, VT 05403 Phone: (802)658 - 7961 Fax: (802) 658 -7976 email: tdipietro(c sburl.com <www.sburlstormwater.com > Printed for Charles Hafter<chafter@sburl.com> 11/2/2009 Renovations to: 19 Gregory Drive, South Burlington ,Vermont for South Burlington Police De artment p �-, . a "�' �i T __, „ *.,; py.- // : ..4 . L.V: ,11:4:1;$.i(0°''', ,,,J,. .,,,, .-,,,p„..,, ,,,,-, . . , 1 iiiy s-5,:i\ • s' . '-..1.'4.-`.:'''''''' 77:%*--- :7.'It: ' 'frile4H.c.ggli...13 •al,rii:41,-.,,,,,---7,..1 ir..': .4w_it-r. 01:",.-", e is 0111111 1r4 . ,�. '��- ,a. '� .- : .a .1 ..r ,, fir +'�Ir e'��r_� �•,, ` `f. , S.\fix, ..- • ... 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I N vEST43u / I -- .-__ 0 0 �I NT' i \ l l �'� i PATROL WORKROOM ) 11 i i I i I I I I SPRINKLER'! 0 0 0 CO CONFERENCE First Floor Plan e{�am) RI TG R �}Q , I November 2,2009 e e a\; S ORA E d J�j o rl NT / Champlain Mill l REM Development Proposal for: REM DEVELOPMENT COMPANY, LLC ai_ ELECTRIC JI' TELEI mall •II I I ENTRY�TAIR TENANT I 0 a I Main Street,Vermont 29 R��. 7 _ �. Winooski, South Burlington Police Station 599AvenueD Williston,VT 05495 _,—. ,_IL __ENTRY ! Q ' Phone 802 655 0195 icpment _ — �, Fax 802 655�983 19 Gre or Dr.South Burlington.Vt. Company, mmm.gk artbtect5.com 96 Corr:pary.LLC www.remdevelopment.com (802)864-5830 6 �'' 1 1 aaa T I T T OOT EOI I I I 4 — T. r. r r —.—. —.—._ — —.—1 0 \�; WOMEN w�,. I �``` j,g,�® L ER M PHYSICAL `, TRAINING \ I I ROOM I STAIR , i \ k_� I I s_-_.) h , © — — - — - 1 — — — — — - —I © 1 AVAILABLE SPACE �� MENS LOCKER ROOM I I I "I - -- - __ - __ -© 1 __ ---_ _ _ . —_ -- _- - -,-,,-..„--i------- i (/'\ I COMMON it I LOBBY I, I I I I ■ I / / MECH /4> ' ' __ ,,,, ... 0 __— _ „..._ _,- - - - - — — — _ - — Ar / A i , I 10 d I I I 4, —.— — — Y — — —.. __ — — — ._— _ __ .-- — Y0 EXISTING TENANT I ETJ I 1 1 _ . 1 - - - _ _ ____ _-__ __ , ._ — o .._ Second Floor Plan l I November 2,2009 ___ i ____ I a — I 1..,„ _t__ Champlain Mill ,� ' ... I IMainStreet,Swte24 REM Development Proposal for. REM. REM DEVELOPMENT COMPANY, LLC ._._. _!F is Winooski,Vermont 05104 South Burlington Police Station 599 :vopment r I li�r --'i�� 19 Gregory Dr,South Burlington.Vt. npany,LLC www.rem .corn (802)864-5830 40 El south Charles E. Hefter, City Manager October 22, 2009 Memorandum To: South Burlington City Charter Committee From: Chuck Hafter, City Manager Re: Charter Committee meeting tentatively set for November 17 at 5 p.m. The City Council has requested that the City Charter Committee meet to consider two possible changes to the City Charter that could be set for public vote in March 2010. I have set a meeting of the Committee for 5 pm on November 17,2009 in the small conference room on the second floor of City Hall. Please e-mail me at chafter(a sburl.com to confirm your attendance. The two issues are: • When the voting date was changed to March Town Meting date,the timelines for warnings,budget presentations and public hearing were not changed in the City Charter. In following the current regulations,the budget needs to be finalized and approved by elected Boards earlier than is needed for good public policy and participation in the process. The Committee can look at modifying these dates to be in-line with other communities that vote their budget in March. • The City Charter requires that ALL votes be by Australian ballot. However,the recent round of stimulus grants did not provide the City any opportunity to meet warning and other legal requirements to hold an Australian ballot prior to the deadline set by the State to apply for these funds. At our attorneys advise,the City held several floor-votes to approve the funding for the projects,which permitted the City to meet state guidelines. On September 15, voters approved via the required Australian ballot to reconfirm the actions taken via floor-vote earlier. This is a cumbersome and not very transparent process. We need to have a better way to address this issue should t arise in the future. I look forward to seeing you. I will invite School Superintendent Everitt to join us for the discussions. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com REM. Development Company,LLC COMMERCIAL AND INDUSTRIAL LEASING AND DEVELOPMENT March 4, 2009 Charles Hafter City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Proposed South Burlington Police Station 19 Gregory Drive, South Burlington, VT Dear Chuck: In response to the R.F.P we offered to sell 19 Gregory Drive "as is" for$6,000,000.00. We also offered to do a Lease with the option to purchase, but with no detail. During the week of February 21, 2009 while on vacation I received a call from Mike Simoneau requesting further details on how I would be willing to structure a lease purchase option. I suggested that I would be back in Burlington on February 28, 2009. As you know a meeting was scheduled for Monday, March 2, 2009 for 9:30 AM at City Hall with the following persons in attendance: Chuck Rafter, Town Manager, Trevor Whipple, Police Chief, Mike Simoneau, Project Consultant, Bob Miller,R.E.M Development Co., LLC, and Tim Miller, R.E.M Development Co., LLC. The plans were reviewed and Chuck questioned whether the amount of space could be reduced. and could the city lease out surplus space until needed? I suggested that the plans we are reviewing came out of our interpretation of the R.F.P. and if our site is selected our architect would work with the committee to reduce the footprint. I would like to recap the existing building footprint: 1st floor 23,474 S.F. 2"d floor 21,625 S.F. Total 45,099 S.F. The exiting 2nd floor lease space is -11,875 S.F Balance For Police Dept. Use 33,224 S.F. 599 Avenue D,Williston,VT 05495 • v (802) 864-5830 • f(802) 864-4172 • www.rem-development.com Page 2 We had included a 1,250 addition as part of the sally port area which is not included in the above numbers. It is my understanding the goal would be to get to around 28,000 S.F. This would leave surplus space of approximately 5,000 S.F. Next we discussed financing options and methods. The following is what was agreed to as an option: ]. The six million ($6,000,000.00) would be split into two (2)parts: a.) $4,400,000.00 for the 33,224 S.F. "as is" space for the police department, the principal i.e.: $4,400,000.00 will be divided into (20) annual payments of $220,000.00. The annual interest rate will be 4%fixed for the first five(5) years, principal and interest payments will be made on a quarterly basis. b.) $1,600,000.00 for the 11,825 S.F. that is leased and will be controlled by R.E.M Development. It will be structured on the same basis, (20) annual payments of $80,000.00 with an interest rate of 4% fixed for the first five(5) years paid on a quarterly basis. c.) The city will have the right to purchase the property with no prepayment penalty anytime during the first five years at the principal balances at that time. d.) R.E.M Development Co., LLC will offer the same terms on the fitup of the space. e.) R.E.M Development Co., LLC will be allowed to factor interest of 4% on the $4,400,000.00 from April 1, 2009 as part of this proposal. f.) At the end of the first five years, if the city has not exercised its option to purchase, the developer will seek new financing terms from a local bank or banks,the then rate and term will replace the 4%used for the first five years. g.) If the parties go forward with this proposal it will require it to be in legal form acceptable to both parties. The information herein is presented to the City of South Burlington as a further inducement, but in no way commits either party until legal documents are prepared and executed. Page 3 We will continue to assist in any way we can to make this a successful project. Sincerely, el)(4elezt, / 711A- Robert E. Miller President REM/lb cc: Mike Simoneau IMI "' " ri GBIC Hu, - , GoodfobslnA Clean Environment Lake Champlain Regional Chamber of Commerce October 1, 2009 Dear Member: The sun is still warm and the leaves are just starting to change, but we're already thinking about January! Our 2010 Legislative Breakfast Series kicks off on January l lth and we hope you can join us. Now in its 17th year,the breakfast series, sponsored by the Lake Champlain Regional Chamber of Commerce and GBIC, is the place to talk to your legislators,hear firsthand about the issues facing Vermont in 2010, and get involved. Monday, January 11, 2009, 7:30 a.m. —9:00 rr.m. Governor Jim Douglas (invited) Monday, February 8, 2009, 7:30 a.m. —9:00 a.m. Effective and Sustainable Government for the 21st Century Monday, March 15, 2009, 7:30 a.m. —9:00 a.m. Legislative Leaders: Mid-Session Update with the Speaker Shap Smith, Senate President Pro Tem Peter Shumlin and Lieutenant Governor Brian Dubie (invited) A full pass for all three breakfasts is only $48.00 per person! A $12 savings and you're automatically registered for all three breakfasts. The series is held at the Sheraton Hotel and Conference Center in South Burlington. The enclosed flyer provides the details on how to register. We hope you can join us for a hot breakfast and a discussion of the hot topics in 2010! Sincerely, Tom Torti, President Frank Cioffi, President Lake Champlain Regional Chamber of Commerce GBIC Enclosure 60 Main Street, Suite 100 • Burlington,VT 05401 GBIC:(802)862-5726•(802)860-1899 fax• info@gbicvt.org• www.gbicvt.org LCRCC:(802)863-3489• (802)863-1538 fax• vermont@vermont.org • www.vermont.org Ki southburlington PLANNING & ZONING MEMORANDUM TO: Chuck Hafter, City Manager FROM: Ray Belair, Administrative Officer DATE: October 27, 2009 RE: Oakwood Drive Extension Acceptance The City has been requested to accept the extension of Oakwood Drive, constructed in 2006 to serve a small residential development (see attached plan). Both Jay Nadeau and Bruce Hoar have given their approval for acceptance. Please ask the City Council to accept the Oakwood Drive extension. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com