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Agenda - City Council - 05/07/2012
kk4. southburlington VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 5:00 p.m. Monday, May 7, 2012 Consider entering executive session to discuss personnel, contract negotiations and litigation. Regular Meeting 6:00 p.m. Monday, May 7, 2012 1. Agenda Review: Additions, deletions or changes in order of agenda items. 2. Comments and questions from the public (not related to the agenda). 3. Announcements and City Manager's Report. 4. Consent Agenda: a) ***Approve Minutes from April 16, 2012. b) #1# Sign Disbursements. c) Consider approval of Entertainment and Catering permits. i. *** NGA permit request for catered event August 11, 2012, from 5:00 to 9:00 p.m., on City property, for ticketed fundraiser for 75 people. Beer and wine are expected to be served. ii. *** Miller Amusements/Carnival, May 24-28, 2012, University Mall Parking Lot. 5. *** Deliberative Session on the US2 Widening/Sheraton 3rd Lane Project Necessity Hearing that was held on April 16, 2012 (Councilors, Staff and City Attorney). Possible action by City Council. 6. *** Discuss Railroad Crossing Issues and Costs (Justin Rabidoux, Public Works Director, Bob Rusten, Deputy City Manager and Sandy Miller, City Manager). 7. *** Market Street Project and City Commitment (Ilona Blanchard, Project Director). Discussion and possible action to proceed. 8. #44 Continue discussion about Rules of Procedure and Other Regular Expectations for City Council (Councilors and Staff). 9. Does Council wish to formalize a structure for the Sustainable Agriculture (SusAg) and Affordable Housing committees? If so, how should this be done? (Councilors and Staff). 10. #1# Discussion about affordable housing regulatory approaches (Sandy Dooley, other Councilors and Staff). 11. *** Reconvene as Liquor Control Board to consider 2012-2013 annual liquor licenses: • Klingers 12. Other Business. • Any items held from the Consent Agenda. • Other? 13. Consider entering executive session for discussion of personnel matters, litigation and real property matters. 14. Adjournment. Respectfully Submitted: Sanford I. Miller, City Manager **' Attachments Included ### Attachments Sent Separately or Previously South Burlington City Council Meeting Participation Guidelines The City Council Chair is presenting these guidelines for public participation and attendance at City Council meetings in an effort to insure that everyone has a chance to be heard and meetings function as smoothly as possible. 1. Please raise your hand to be recognized to speak. The Chair will make every effort to recognize the public in the order in which hands are raised. 2. Once recognized by the Chair, please identify yourself to Council. 3. If the Council has suggested time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Council to conduct business items. 4. In order for City Councilors and other members of the audience to hear speakers' remarks, side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 5. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 6. Make every effort not to repeat the points made by others. 7. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Council for a second time. 8. Council desires to be as open and informal as possible within the construct that the Council meeting is an opportunity for Councilors to discuss, debate and decide upon policy matters. Council meetings are not"town meetings". To this end, after the public has had the opportunity to make comments,the Chair may ask that discussion be among Councilors. May 7, 2012 City Council Meeting Please Print Name Name Name 1 t (h iritAJ 18 35 M 19 36 3 - „ ,� 20 37 4 (C - 21 38 5 d 22 39 6 /II/RE t'L Perk 23 40 74-92/ 24 41 8 25 42 9 26 43 10 27 44 11 28 45 12 29 46 13 30 47 14 31 48 15 32 49 16 33 50 17 34 51 APPROVED DISAPPROVED Request to Cater Malt and bate: Vinous Beverages & Reason: Spirituous Liquors Caterer's Permit Number 3023-00 -catr-0 I - (for denartmertt use ontu To: Board of Selectmen/Alderman at catered location and Vermont Liquor Control Board. From: Licensee name: Bittersweet Associates d/b/a: La Villa — - Street: 3762 Shelburne Rd Town/City: Shelbume vt Contact name and phone number pia spaii 802 n8 5595 Email or Fax# yllI@Iaviilabistro corn BE SURE TO READ INS ritUGTIONS BELOW,BEFORE COMPLETING APPLICATION. (Each catered affair must have a recommendation from the local Board of Selectman or Alderman acting in their capacity as local control commissioners and must have the approval of the Stale Liquor Control Board.) Please answer the following questions: 1. Describe type of party to be catered: Fundraiser , Ticketed event, 2. Location of catered party(street,town or city;if no address,describe location): National Gardners Association, 1100 Dorset St, South Burlington, 3- Date of catered party(not more than five days,unless specifically authorized: a/I I t 2 q. Hours of operation: Beginning 5 Pm hrs.Ending 9Pm hrs. No.o Persons 75 Signed: _Silt Date: /14 I V - aterer) W e recommend: approval disapproved If you recommend disapproval,please state reason(s): Town/City Clerk's signature Town/City Date Of CATERED location. Fax Number or email address: -- SUBMIT AT LEAST 5 DAIS PRIO RTO DATE OF FUNCTION Submit to Town/City Clerk for recommendation. Town/City Clerk will email,fax or mail to Vermont Liquor Control Board, 13 Green Mountain Drive, Montpelier,VT os6oa email address:{HYPLRLINIC"mailto:DLGLicensing@state.vt.us"} Fax number is 8o2-828- 1o3 LIQUOR CONTROL BOARD'S PROCEDURAL REQUIREMENTS FOR CATERER'S PERMIT HOLDERS: i. All liquor control laws and regulations that apply to PPt and 3rti class licenses also apply to caterer's permits. 2. Before a catered event is approved in any open area,the following requirements must be fulfilled: a) A defined area,for serving and consumption of alcohol beverages,designated with physical barriers. b) Separate toilet and lavatory facilities available for both men and women. 41' �� City of South Burlington tbe®® City Clerk's Office Donna Kinville, City Clerk SPECIAL EVENT O11=R1NG-PERMiT FULL NAME OF PERSON, PARTNERSHIP OR CORPORATION: `f it w ahi U. YYeIqlo CONTACT PHONE NUMBER OR E-MAIL: /0, 14 ADDRESS: r ter .-4 . DATE RECEIVED BY CLERK'S OFFICE: POLICE APPROVED: M DATE: 1/. FIRE APPROVED: p' p DATE: ZONING APPROVED: DATE:__ __ • / � -"C-4;/3 �� RECREATION APPROVED: -^ DATE: HIGHWAY/HEALTH DEPT APPROVED: 0, l . DATE:111 /7./ CITY COUNCIL DATE SENT TO MONTPELIER: nnn nun n,nr • it.ti,e0.* 4 IL„ silkx _ i; t , . All rre,;., 1 0 % OA re g I „,i, gltz VERMONT ENTERTAINMENT LICENSE APPLICATION Type of Application 0 Annual Permit Date of Application: // /2--- Special Event Pe it Name of Establishment: l/j '1 t (< / 7it a s e ill eJ/S Address of Establishment: Lat)t'V t',25;1 lb AL,,-,2 A it � 1-1 inV Name Owner: `5 (l` . - 4 , J� ` 6 / .03 r 2 Z,Zp . Address of Owner: „L 71 '�'J(� "f L � -5,1), � it/( .6 _51/ Name of Operator: W \5�G.'/ /, /fre Address of Operator: _54 /71 .. e'''' y J Complete De ption of Show: /7/, S i S 4 i I v 10 / re V 74 Sc' / 0 �--vt77 S f 1 led s u4Ls. Date(s) of Show and Hour(s) of Operation: Date(s): .4ii / 2 Y hl vil • i Hours(s): r /1c6'4✓ -api 5P ill - t G'P►'►-1. A / • 74'4•40 — ,2/ vn„ Security Provisions: J _ /`- CGi.' j l LL /eiJ 601.-CJ r GG__ t7 /LG��i' As applicant,I have read and understand the provision of the South Burlington Ordinance Regarding Licensure of 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. Applicant's Signature: ltil., A-d-eAk. WI —. Date: //Z Ii L Laura From: Justin Rabidoux Sent: Tuesday, April 17, 2012 10:02 AM To: Laura Subject: RE: Carnival @ UMALL OK with me. From: Laura Sent: Tuesday, April 17, 2012 10:01 AM To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray Subject: Carnival @ UMALL Hello all- This event is scheduled for May 24-28th, 2012 in the UMALL parking lot. (They held it last year also) Let me know if there are any issues. Thanks. Laura Eit" Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: ray Sent: Tuesday, April 17, 2012 11:04 AM To: Laura Subject: RE: Carnival @ UMALL No zoning issues. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Laura Sent: Tuesday, April 17, 2012 10:01 AM To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray Subject: Carnival © UMALL Hello all- This event is scheduled for May 24-28th, 2012 in the UMALL parking lot. (They held it last year also) Let me know if there are any issues. Thanks. Laura art Arta Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Laura From: Doug Brent Sent: Tuesday, April 17, 2012 12:31 PM To: Laura Subject: RE: Carnival @ UMALL Laura - I am OK with it but we need to put fire inspection as a stipulation. Last year we had several issues which they needed to take care of prior to opening. Doug From: Laura Sent: Tue 4/17/2012 10:01 AM To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray Subject: Carnival @ UMALL Hello all- This event is scheduled for May 24-28th, 2012 in the UMALL parking lot. (They held it last year also) Let me know if there are any issues. Thanks. Laura vviipet Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 Ikimball@sburl.com 1 Lagra From: Joanne Miller [jmiller©mcttelecom.com] Sent: Wednesday, April 18, 2012 9:35 AM To: Laura Subject: Re: University Mall carnival/So Burlington, Vt Good Morning Laura Midway should be set up fully Thursday morning on the 24th. We don't open until evening so the morning (gam?) would be a good time for a walk through. Thanks Joanne From: Laura Sent: Tuesday,April 17, 2012 2:13 PM To: imiller@conknet.com Subject: University Mall.carnival/So Burlington, Vt Hello Scott- I am writing on behalf of the South Burlington Fire Dept. You are holding an event (carnival) May 24-28th, 2012 in South Burlington,Vermont.The fire chief wanted to know when you would be setting up so they could come down and inspect the site before you began operating. A date and time would be good to let him know. Thanks- Laura EI'"4 Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 Layra From: Trevor Whipple [twhipple@sbpdvt.org] Sent: Tuesday, April 17, 2012 3:18 PM To: Laura Subject: RE: Carnival @ UMALL Approved here. Trevor S.Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington,VT 05403 (802)846-4155 twh i p p l e(a�s b pd vt.o rq From: Laura [mailto:lkimballi sburl.com] Sent: Tuesday, April 17, 2012 10:01 AM To: Trevor Whipple; Doug Brent; Justin Rabidoux; ray Subject: Carnival @ UMALL Hello all- This event is scheduled for May 24-28th, 2012 in the UMALL parking lot. (They held it last year also) Let me know if there are any issues. Thanks. Laura 44 aim_ 14., Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com 1 MAR 2 6 2012 1J Timberlake Associates L 1— 1 B 32 San Remo Drive Y S. Burlington, VT 05403 (802) 864-5155 r a, CC --' t o' C31 1 � ' .S 4„ so\ ttis4-0, :b e 4kr- 11 O t 0 biteeki6e\j` 4-0 \AR a I;el ve- 'ro.P f4-%). \ J CeSS;4 ' S tM o 5S 1I �-rst r Qi :n qq i S is cx,, r o o.. a/ O\L AJf��t A°t J !\ ` 4^ Qs ; o..o ; ,\ V k:'I/ ,\.o n-f- '.o f\Ve cri4N Ice -S todei LCi ktex _S r"oo,.c co1/4‘ r.a 0 isA4, A ( S c� r-tc)-(41S- d 4 -co c-ce ' ; c c (ems` ebS4- 4\17e 4-0'44:ec •'(9 i\e d - Aok (a k•( ArScc. �.. --- itiOei,• southbur lington PUBLIC WORKS MEMO To: City Council From: Justin Rabidoux,Director Date: May 4,2012 1 Re: US2 Widening/Sheraton 3rd Lane Project Necessity Hearing Deliberative Session On April 16, 2012, the City Council held a hearing on the necessity of acquiring certain lands and premises for purposes of widening and making related improvements to US Route 2(a/k/a Williston Road)in the vicinity of the border between the City of Burlington and the City of South Burlington easterly to the Interstate 89 Exit 14W Interchange. Based on the information and testimony presented at that meeting, staff has prepared Findings of Fact, Conclusions of Law and an Order for the Council to consider during their deliberative hearing on the project's necessity. Enclosed please find: 1. Draft prepared Findings of Fact, Conclusions of Law and an Order pertaining to the rights outlined during the necessity hearing. 2. A notice of the April 16 public hearing sent to interested parties. 3. A list of affected properties. 4. A set of the project's right-of-way plans, including a table listing each proposed right. Staff will be at meeting Monday to participate in the deliberations as needed. 575 Dorset Street South Burlington. VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburi.com Physical Address. 104 Landfill Road South Burlington STATE OF VERMONT CHITTENDEN COUNTY, SS. In Re: Condemnation of Lands for ) City of South Burlington US Route 2 Improvements ) City Council Roadway Project ) CONDEMNATION ORDER On April 16, 2012, the South Burlington City Council ("City Council") held a hearing on the necessity of acquiring certain lands and premises for purposes of widening and making related improvements to US Route 2 (a/k/a Williston Road) in the vicinity of the border between the City of Burlington and the City of South Burlington easterly to the Interstate 89 Exit 14W Interchange. Based on the testimony and documents and other information provided to the City Council at that hearing, and the City Council' s observations during its site visit to the property, the City Council makes the following findings and enters the order set forth below: FINDINGS OF FACT 1. The Subject property consists of certain lands and interests in land along the northerly and southerly sideline of the US Route 2/Williston Road right-of-way in the City of South Burlington, beginning at the Burlington / South Burlington City line and extending in an easterly direction a distance of 0.24 miles to the Interstate 89 Exit 14W Interchange. Said land and interests in land are more specifically depicted on a set of plans entitled "City of South Burlington, Chittenden County, US2 Improvements Roadway Project (Principal Arterial) " Project Number STP 5200 (18) , dated 4/16/2012 (the "Plans") . 2. The City provided statutory notice of its 4/16/2012 1 hearing by sending written notice thereof by certified mail, return receipt requested, to each affected record property owner and mortgage holder of record at least 30 days prior to the hearing. Copies of said Notice of Public Hearing sent to the interested parties are attached hereto as Exhibit A. A list of the affected properties is attached as Exhibit B. Written notice was sent to the City' s Development Review Board on or before 3/16/2012, and was posted in the City of South Burlington Clerk' s office on 3/16/2012. A copy of the Notice of Hearing was published in The Other Paper, the City' s official newspaper of record, on 3/29/2012. 3 . At the 4/16/2012 hearing, the following property owners appeared: David Simendinger, Timberlake Associates L.L. P. , representing Champlain Farms, 801 Williston Road. 4 . Based upon the testimony of Gary A. Santy, Principal, Stantec Consulting Services Inc. , Greg A. Edwards, Principal, Stantec Consulting Services Inc. , and Justin Rabidoux, Public Works Director, City of South Burlington, the City Council finds the following: a. US Route 2/Williston Road is an integral part of the City' s transportation system, providing a vital link between Burlington, South Burlington and Interstate 89. Area hospitals, colleges and police depend on this roadway to provide necessary public services. b. The current configuration of US Route 2/Williston Road was constructed in 1987, with an anticipated design life span of twenty years. In its present configuration, US Route 2/Williston Road does not adequately provide for the safety and mobility of vehicles, pedestrians, bicycles, and transit through the project area from Spear Street/East Avenue intersection to the western I-89 ramps (northbound off and southbound on ramps) . c. At all times material to this proceeding, the City 2 has had in effect an Official Map adopted pursuant to 24 V.S.A. Section 4421. Exhibit 1. This map depicts the proposed widening of U.S. Route 2 in the area from 800-868 Williston Road on the north side of Route 2 and 801-861 Williston Road on the south side of Route 2 . The precise stations involved in the Project are shown on the Plans. d. The proposed improvement project, which includes widening US Route 2/Williston Road to six (6) lanes, will achieve the following goals and objectives: (1) the new design will increase the vehicular capacity of this portion of US Route 2 to meet current needs as well as projected traffic needs twenty years into the future by reducing traffic delays and queues on US Route 2 (Williston Road) ; (2) current bicycle and pedestrian facilities will be improved and new facilities will be added; (3) ; to reduce the potential for crashes in the project area; (5) to improve pedestrian safety when crossing US Route 2 and the I-89 southbound on-ramp; and (6) to contribute to the increased use of transit services and be compatible with transit strategies as outlined in the US 2 Corridor Transportation Management Plan. e. The Project involves lands currently owned by: 89-2 Realty Company, a Vermont partnership having offices in the City of South Burlington, County of Chittenden and State of Vermont; R.L. Vallee, Inc. , a Vermont corporation, having its principal place of business in the City of St. Albans, County of Franklin and State of Vermont; Timberlake Associates, L.L.P. , a Vermont Limited Liability Partnership, with its principal place of business in the City of South Burlington, County of Chittenden and State of Vermont; FelCor/MM S-4 Hotels (SPE) L.L.C. , a Texas Limited Liability Company with its principal place of business in the City of Irving, County of Dallas, and State of Texas; and the University of Vermont and State Agricultural College, an instrumentality of the State of Vermont with its principal place of business in the City of Burlington, 3 County of Chittenden and State of Vermont (collectively, the "Affected Properties") . Exhibit B. f. Based on "Access Management Program Guidelines" prepared by the Vermont Agency of Transportation, The Project will require the acquisition of certain property in fee, and the acquisition of certain temporary rights from the affected properties as detailed below. Neither the taking of the property in fee nor the temporary rights will affect access to Route 2 from the affected properties. PARC7, AFFECTED ADDRESS REQUIRED AFFECTED STATIONS Feet) (Square 4 813-861 Williston Rd. 1, 857 15+10. 0 to 21+23 . 0 3 811 Williston Rd. 2, 102 13+50. 0 to 15+10 . 0 2 801 Williston Rd. 2, 174 10+66 . 0 to 13+50. 0 1 800-868 Williston Rd. 26, 181 11+40. 0 to 15+18 . 5 5 860-870 Williston Rd. 50, 066 14+93 . 0 to 20+56 . 0 Exhibit 1 and testimony of GARY A. SANTY OF STANTEC CONSULTING SERVICES INC. g. The taking of the lands and interests in land shown of the Plans has no adverse effect on any commercial buildings, condominium units or other structures. Landscaping throughout the project area will be maintained or enhanced. 5 . The City Council made a site visit to and inspected the Project area and the subject parcels on April 16, 2012 between the hours of 7 : 30 and 8 : 00 pm. CONCLUSIONS OF LAW 1 . All statutory requirements concerning warning, notification, and conduct of the US Route 2/Williston Road Improvement Project condemnation hearing have been complied with. 2 . The public good, necessity and convenience of the residents of the City of South Burlington require that the improvements to US Route 2/Williston Road by the City of South Burlington and financed, in part, by the State of Vermont Agency of Transportation and the Federal Highway Administration, be constructed. The property to be condemned is necessary to enable the project to go forward. ORDER WHEREFORE, it is hereby ordered, adjudged and decreed: 1. That the lands and interests in land shown and depicted as a set of plans entitled "City of South Burlington, Chittenden County, US2 Improvements Roadway Project (Principal Arterial) " Project Number STP 5200 (18) , dated 4/16/2012 and recorded in Map Slides through of the City of South Burlington Land Records (the "Plans") are hereby condemned pursuant to 19 V.S .A. , Chapter 7, for purposes of making improvements to US Route 2/Williston Road. 2. That the aforementioned right-of-way Plans shall constitute the premises survey required by 19 V.S.A. , Chapter 7 . 3 . That within two months of the date of this Order the affected property owners shall remove any fences, timber, wood or trees, which they are requested to in connection with this project. After the expiration of the two months, the City will take possession of the land and rights, remove obstructions therefrom and lay the lands open for construction of the proposed improvements to US Route 2/Williston Road. Dated at South Burlington, Vermont this 7th day of May, 2012 . CITY COUNCIL OF THE CITY OF SOUTH BURLINGTON By: , Chair Its Duly Authorized Agent 5 South Burlington STP 5200(18) South Burlington, Vermont EXHIBIT A Notice of Public Hearing Sent to Interested Parties alAK *VI p0.1 i southburlington PUBLIC WORKS VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED March 15,2012 University of Vermont and State Agricultural College 106 Morrill Hall 146 University Place Burlington,VT 05405 Re: South Burlington SIP 5200(18) US 2 Widening/3`d Lane Project—Parcel 1 Dear Sir or Madam: This letter serves as your official notice for a Necessity Hearing to be held for the referenced project on April 16,2012.The Hearing will be at the South Burlington City Council meeting to be held at 7:00pm at the South Burlington City Hall, 575 Dorset Street, South Burlington,VT 05403. This project has been discussed with each property owner multiple times over the past few years. As a reminder,the Project proposes certain easements be granted from your property to the City for the construction of the project.Attached are two documents outlining the easements required from your property; 1)a set of the Right-of-Way plans showing your property,a listing and a highlight of each easement and 2)a proposed Warranty Deed of Easement. Please review the attachments and let me know if you have questions.If you would like to meet prior to April 16 to discuss the project,please contact me at 658-7961. Re , Justin 1 bidoux,Director Enclosures 575 Dorset Street South Burlington. VT 05403 tel 802 658.7961 fax 802.658.7976 www.sburl.com Physical Address 104 landfill Road South Burlington °r tilt southburlington PUBLIC WORKS VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED March 15, 2012 University of Vermont Administrative Office 108 Morrill Hall 146 University Place Burlington,VT 05405 Re: South Burlington STP 5200(18) US 2 Widening/3'd Lane Project—Parcel 1 Dear Sir or Madam: This letter serves as your official notice for a Necessity Hearing to be held for the referenced project on April 16,2012. The Hearing will be at the South Burlington City Council meeting to be held at 7:00pm at the South Burlington City Hall, 575 Dorset Street, South Burlington,VT 05403. This project has been discussed with each property owner multiple times over the past few years. As a reminder,the Project proposes certain easements be granted from your property to the City for the construction of the project. Attached are two documents outlining the easements required from your property; 1)a set of the Right-of-Way plans showing your property,a listing and a highlight of each easement and 2)a proposed Warranty Deed of Easement. Please review the attachments and let me know if you have questions.If you would like to meet prior to April 16 to discuss the project,please contact me at 658-7961. Reg ds l ustin R idoux,Director Enclosures 575 Dorset Street South Burlington, 1'T 05403 tel 802.658.7961 fax 802.658.7976 www.sburl.com Physical Address 104 Landfill Road South Burlington 0 ,1. � southburlington PUBLIC WORKS VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED March 15,2012 Timberlake Associates,LLP 32 San Remo Drive South Burlington,VT 05403 Re: South Burlington STP 5200(18) US 2 Widening/3"I Lane Project—Parcel 2 Dear Sir or Madam: This letter serves as your official notice for a Necessity Hearing to be held for the referenced project on April 16,2012.The Hearing will be at the South Burlington City Council meeting to be held at 7:00pm at the South Burlington City Hall, 575 Dorset Street, South Burlington,VT 05403. This project has been discussed with each property owner multiple times over the past few years. As a reminder,the Project proposes certain easements be granted from your property to the City for the construction of the project.Attached are two documents outlining the easements required from your property; 1)a set of the Right-of-Way plans showing your property,a listing and a highlight of each easement and 2)a proposed Warranty Deed of Easement. Please review the attachments and let me know if you have questions.If you would like to meet prior to April 16 to discuss the project,please contact me at 658-7961. Re ar s, i Justin bidoux,Director Enclosures 575 Dorset Street South Burlington. VT 05403 tel 802.658-7961 fax 802.658 7976 www.sburl_corn Physical Address 104 landfill Road South Burlington .4„,„, 04r pa southburlington PUBLIC WORKS VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED March 15, 2012 R.L.Vallee,Inc. 280 South Main Street St. Albans,VT 05478 Re: South Burlington STP 5200(18) US 2 Widening/3`d Lane Project—Parcel 3 Dear Sir or Madam: This letter serves as your official notice for a Necessity Hearing to be held for the referenced project on April 16,2012.The Hearing will be at the South Burlington City Council meeting to be held at 7:00pm at the South Burlington City Hall, 575 Dorset Street, South Burlington,VT 05403. This project has been discussed with each property owner multiple times over the past few years. As a reminder,the Project proposes certain easements be granted from your property to the City for the construction of the project.Attached are two documents outlining the easements required from your property; 1)a set of the Right-of-Way plans showing your property,a listing and a highlight of each easement and 2)a proposed Warranty Deed of Easement. Please review the attachments and let me know if you have questions.If you would like to meet prior to April 16 to discuss the project,please contact me at 658-7961. Re arils, Justin Rabidoux,Director Enclosures 575 Dorset Street South Burlington. VT 05403 tel 802-658.7961 fax 802.658.7976 www.sburl.com Physical Address 104 Landfill Road South Burlington alek Or, II southburlington PUBLIC WORKS VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED March 15,2012 89-2 Realty Company do Josh Field 165 E.72id Street,#20C New York,NY 10021 Re: South Burlington STP 5200(18) US 2 Widening/3rd Lane Project—Parcel 4 Dear Sir or Madam: This letter serves as your official notice for a Necessity Hearing to be held for the referenced project on April 16,2012. The Hearing will be at the South Burlington City Council meeting to be held at 7:00pm at the South Burlington City Hall, 575 Dorset Street, South Burlington,VT 05403. This project has been discussed with each property owner multiple times over the past few years. As a reminder,the Project proposes certain easements be granted from your property to the City for the construction of the project.Attached are two documents outlining the easements required from your property; 1)a set of the Right-of-Way plans showing your property,a listing and a highlight of each easement and 2)a proposed Warranty Deed of Easement. Please review the attachments and let me know if you have questions.If you would like to meet prior to April 16 to discuss the project,please contact me at 658-7961. Reg s y stin Rabidoux,Director Enclosures 575 Dorset Street South Burlington. VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburLcom Physical Address 104 Landfill Road South Burlington sAik southbur1ington PUBLIC WORKS VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED March 15,2012 89-2 Realty Company c/o Liam Murphy,Esq. Murphy, Sullivan,Kronk 275 College Street Burlington,VT 05401 Re: South Burlington STP 5200(18) US 2 Widening/3rd Lane Project—Parcel 4 Dear Mr.Murphy: This letter serves as your official notice for a Necessity Hearing to be held for the referenced project on April 16,2012.The Hearing will be at the South Burlington City Council meeting to be held at 7:00pm at the South Burlington City Hall, 575 Dorset Street, South Burlington,VT 05403. This project has been discussed with each property owner multiple times over the past few years. As a reminder, the Project proposes certain easements be granted from your property to the City for the construction of the project.Attached are two documents outlining the easements required from your property; 1)a set of the Right-of-Way plans showing your property, a listing and a higjhlight of each easement and 2)a proposed Warranty Deed of Easement. Please review the attachments and let me know if you have questions. If you would like to meet prior to April 16 to discuss the project,please contact me at 658-7961. Re , ustin Rabidoux,Director Enclosures 575 Dorset Street South Burlington. VT 05403 tel 802 658.7961 fax 802 658.7976 www.sburl.com Physical Address 104 Landfill Road South Burlington .0.40ek i&iiii 1.1...,,,11„;....... southburlington PUBLIC WORKS VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED March 15,2012 People's United Bank Two Burlington Square Burlington, VT 05401 Re: South Burlington STP 5200(18) US 2 Widening/3rd Lane Project—Parcels 2&3 Dear Sir or Madam: This letter serves as your official notice for a Necessity Hearing to be held for the referenced project on April 16,2012.The Hearing will be at the South Burlington City Council meeting to be held at 7:O0pm at the South Burlington City Hall, 575 Dorset Street, South Burlington,VT 05403. This project has been discussed with each property owner multiple times over the past few years. As a reminder,the Project proposes certain easements be granted from your property to the City for the construction of the project.Attached are two documents outlining the easements required from your property; 1)a set of the Right-of-Way plans showing your property,a listing and a highlight of each easement and 2)a proposed Warranty Deed of Easement. Please review the attachments and let me know if you have questions. If you would like to meet prior to April 16 to discuss the project,pleas,-contact me at 658-7961. '4, idoux,Director Enclosures 575 Dorset Street South Burlington, VT 05403 tel 802 658 7961 fax 802.658.7976 www.sburl.com Physical Address 104 Landfill Road South Burlington „.044- 1 southburlington PUBLIC WORKS VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED March 15,2012 FoiLiess Credit Corporation do Drawbridge Special Opportunities Fund LP 1345 Avenue of the Americas 46th Floor New York,NY 10105 Re: South Burlington STP 5200(18) US 2 Widening/P Lane Project—Parcel 5 Dear Sir or Madam: This letter serves as your official notice for a Necessity Hearing to be held for the referenced project on April 16, 2012. The Hearing will be at the South Burlington City Council meeting to be held at 7:00pm at the South Burlington City Hall,575 Dorset Street, South Burlington,VT 05403. This project has been discussed with each property owner multiple times over the past few years. As a reminder,the Project proposes certain easements be granted from your property to the City for the construction of the project.Attached are two documents outlining the easements required from your property; 1)a set of the Right-of-Way plans showing your property, a listing and a highlight of each easement and 2)a proposed Warranty Deed of Easement. Please review the attachments and let me know if you have questions.If you would like to meet prior to April 16 to discuss the project,please contact me at 658-7961. yRear , c . Justin Rabidoux, Director Enclosures 575 Dorset Street South Burlington, VT 05403 tel 802 658 7961 fax 802 658.776 www.sburl_com Physical Address: 104 Landfill Road South Burlington (11)1°‘.1111°:. southburlington PUBLIC WORKS VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED March 15,2012 FelCor/MM S-4 Hotels(SPE) L.L.C. c/o FelCor Lodging Trust,Inc. 545 E.John Carpenter Freeway, Suite 1300 Irving, TX 75062 Re: South Burlington STP 5200(18) US 2 Widening/3'd Lane Project—Parcel 5 Dear Sir or Madam: This letter serves as your official notice for a Necessity Hearing to be held for the referenced project on April 16, 2012. The Hearing will be at the South Burlington City Council meeting to be held at 7:00pm at the South Burlington City Hall, 575 Dorset Street, South Burlington,VT 05403. This project has been discussed with each property owner multiple times over the past few years. As a reminder,the Project proposes certain easements be granted from your property to the City for the construction of the project.Attached are two documents outlining the easements required from your property; 1)a set of the Right-of-Way plans showing your property,a listing and a highlight of each easement and 2)a proposed Warranty Deed of Easement. Please review the attachments and let me know if you have questions. If you would like to meet prior to April 16 to discuss the project,please contact me at 658-7961. Rears, Justin Rabidoux,Director Enclosures 575 Dorset Street South Burlington. VT 05403 tel 802.658 7961 fax 802 658-7976 www.sburl,com Physical Address: 104 Landfill Road South Burlington South Burlington STP 5200(18) South Burlington, Vermont EXHIBIT B Affected Properties EXHIBIT B AFFECTED PROPERTIES NAME SERVICE ADDRESS MAILING ADDRESS PARCEL NO. (if different) University of Vermont and 106 Morrill Hall 1 State Agricultural College 146 University Place Burlington, VT 05405 Timberlake Associates, LLP 32 San Remo Drive 2 South Burlington, VT 05403 R.L. Vallee, Inc. 280 South Main Street 3 St.Albans, VT 05478 89-2 Realty Company c/o Josh Field 4 165 E. 72nd Street,#20C New York, NY 10021 FelCor/MM S-4 Hotels(SPE) c/o FelCor Lodging Trust, Inc. 5 L.L.C. 545 E. John Carpenter Freeway, Suite 1300 Irving, TX 75062 311 I / NECESSITY HEARING US 2 /1-89 EXIT 14 IMPROVEMENTS ,////// 11.- ' SOUTH BURLINGTON STP 5200(18) \c:4 -i.. .c" II, 7. ' / Q Z I II M 1 / 0 I `k}� day / / ,#r pN ,TToF 1 + 1 I i Z i ••` I 1 d'aire 0*- :11 ! Ii/ i/ , I /V. i �� ISHERATONII E * i / Q/ \\ �\ V y ISTORMWATER TREATMEN "'I',-I I -- N.FELCORMM S•4 HOTELS (SPE)L.L.C. 11� I i ` e \I ---- -- e• ° / / / \\ ♦ F. • $I I I ( CO FELCOR_ LODGING TRUST,LP -8 'Id -' 't ° I I ° ° ° ® / �' / \ \ \` Il I 1 1 /° s I t o• jO 1 \� I i e •° / O / \ \ \ la UNIVERSITY OF VERMONT AND I(r 1 I "1 1 e) O ,P - \ I.3 / / \ \ \ \ STATE AGRICULTURAL COLLEGE w I `' L-- (( o / \ \ �\ \ e 1 I' a eI ( 1 ...toe',so�':6 � , it1I /// 3' / \ \ \\ e ' I• 'IIt /,r• -- .1.1 1 �,�'w' 404tere.0' ... ' 4,,; ,4fr• oo.�IS'\t /// // STATE OF VERMONT \s�9/I/\ mkt" o \\`• e i _C, 1 1 1 1 1 1 I 1 i 1 £fjr` /A . ,ilt�a►+ U� - • ••C)/,,: / ,vim.. ,_,w. — `\-= ———- 4 j -�. a L o sE. _ _ _ _ •• ROAD E—TO BURLING - -- _ `- - -_- US 2 - MAIN ST. - - - - - - - - - - - • - - - - - - - v``` ,'�; �— _ ' - -_'r•;— • - m _� � " 'W .. n=«+As vim.,:-«. . _ .» s. : .� 1 0 _ -wa• 4 „.. .2 — ,, ��i e .o rIciC�1�� renrlr _—�� s a � Illitl711(III1 ..,� ♦ , - _ ` . ' 1:7 • I TIMBERLAKE ASSOCIATES,LLP - •t _j ; ~ I 1 1 ♦ \ t STATE OF VERMONT // I -IRMI I C \\ -� 89-2 REALTY COMPANY �y \ \ y I ° LIMAPLEFIELDSI \ CA FIELD,JOSH \ \\ //Ai. Q - . , R.L.VALLEE, • p4 /// !•, 41 I INC.• �0 et i I\\\ //t h 1 -_ STAPLES PLAZA \\ \\'O\\ IIO� JEGEND • \` \\\Z\\\ no! =`� I PROPOSED SIDEWALK \ \\�\\ IIy; "\.. • • PROPOSED PAVEMENT \`i \\\,\\\ II ` II 1 PROPOSED VEGETATED AREA \`, \\\ \\\ II 1, 41 I I EASEMENT AREA \ \\ \\ \I 1 • . r is t \\ \\ 11 1 ri R.O.W.TAKE AREA \ \\ \\ II 1 \ \\ \ \1 \ ..� PROPOSED STORM DRAIN - \\ . 11 ' r"_' • • , 55 Green MountaiStantec n pne' Inc. II a PROPERTY LINES i-��. �„� South en Mountain on nve R R WPERMANENT TAKE FOR HIGHWAY R.O.W. • - ___ 05407-2246 •,— EXISTING R.O.W. -L*____-.---- I APRIL 2012 4 802.864.0165 SHEET NUMBER DESCRIPTION CANADA I TITLE SHEET � nl�aH ( -^ oTuua issC: 2 ROW ALPHA SHEETS � . ,`� � 4 3 ROW DETAILL SHEETST CITY OF SOUTH BURLINGTON 4©,,�Q ,. , �`'"�'' 4-7 ROW PLAN SHEETS „�. �,��> l �^ J State of dc` S .� COUNTYOF CHITTENDEN , • s-A NTERCNANGE NEW YORK 1�,. :_ ►•;=� woos �/ au, Stole of US2 IMPROVEMENTS �' �rif ,�,��,. NEW HAMP$NRRE if ROADWAY PROJECT vIl . -1�_j ii (PI�INCIPAtL ARTERIAL) OCCATION T jiJwlNM) N . THIS PROJECT IS LOCATED ON U.S. ROUTE 2 IN THE CITY OF SOUTH BURLINGTON. IT LOCATION MAP > Commonweoftn of BEGINS JUST EAST OF THE SPEAR STREET INTERSECTION AT THE BURLINGTON/SOUTH NOT TO SCALE NASSACHu5ETT5 BURLINGTON CITY LINE AND EXTENDS EASTERLY 1258.50' (0.24 MILES) TO INTERSTATE 89 INTERCHANGE 14. WORK PERFORMED UNDER THIS PROJECT INCLUDES BOX CUT WIDENING, TRAFFIC SIGNALS, OVERHEAD SIGN STRUCTURES, SIDEWALK AND CURB REPLACEMENT, SIGNING, PAVEMENT MARKINGS AND OTHER INCIDENTAL ITEMS. LENGTH OF PROJECT = 0.24 MILES (1258.50 FEET) )o LINES SHOWN ON THIS PLAN AS EXISTING o PROPERTY LINES (P/L) ARE BELIEVED TO S U.S, ROUTE 2 CONST, STA.10+43.00 BE ACCURATE BUT SHOULD NOT BE RELIED dlo BEGIN APPROACH CONSTRUCTION UPON FOR PURPOSES UNRELATED TO THE a O U.S. ROUTE 2 CONST. STA. 10+91.50 \‘‘' CITYOFSOUTH BURLI NGTON'SACOU i s IT IONz z END APPROACH CON RUCTIONOFLAND ANDRIGHTS FORTHISPROJECT.to" to o BEGIN PROJECT STP 5200(18)I; R TE 2 N T TA 24+ R.O.W. PLANS m„ END APPROACH CONSTRUCTION THESE PLANS ARE SUBJECT TO SUCH 0 oU.S. ROUTE 2 COAST. STA. 23+50.00 ENGINEERING CHANGES AS MAY BE END PROJECT STP 5200 18 1-89 SB REOU I RED BY THE FEDERAL HIGHWAY o 0 ( ) OFF RAMP ADMINISTRATION OR THE DIRECTOR OF BEGIN APPROACH CONSTRUCTION EAST AVENUE PUBLIC WORKS. OUALITY ASSLR)ANCE PROGRAM4(LEVEL \ \ N N 1 / CONSTRUCTION IS TO BE CARRIED ON IN CONVENTIONAL SYMBOLS \ ; S ACCORDANCE WITH THESE PLANS AND THE i Q' L�� / STANDARD SPECIFICATIONS FOR - - - ---— -® - ---_ TO CONSTRUCTION DATED 2006. AS APPROVED COIMTY LWE ... �. TO 1 TOWN LE _DOWNTOWN I I U.S. ROUTE 2 WILLISTON BY THE FEDERAL HIGHWAY L TS of ACCESS 0 0 0 0-0— BURLINGTON I N+N N I I +:I =-=__' I +0 I I .+N N I I:+I N 1+00 ` _27+OD `1 00 ADMINISTRATION ON DUNE IS, 2006 FOR PONT OF ACCESS X -- - -=- ---r-- --_ _ _--"�7 7 _e --- - _=--_T _- _� 1_89 USE ON THIS PROJECT, INCLUDING ALL FENCE LIE x x x XXXX I - - 8* SUBSEQUENT REVISIONS AND SUCH REVISED STONE WALL _ _ _ _ _ I I '� �\ INTERCHANGE 14 SPECIFICATIONS AND SPECIAL PROVISIONS TRAVELED WAY — — - I \ \\\\ AS ARE INCORPORATED IN THESE PLANS. Epp RAIL n o n n n n $1NYEY LWE I I SPEAR STREET/ U.S. ROUTE 2 'CONST. c S \ \ / MUNICIPAL PROJECT MANAGER TA, 10+66.47 COLVERT EAST TERRACE 62.00' RT. 1-89 SB ON RAMP APPROVED DATE POWER POLE $I BEGIN ROW PROJECT CITY REPRESENTATIVE TELEPHONE POLE $ U.S. ROUTE 2 CONST. fL STA. 21+23.17 / TEES ® 4- SURVEYED BY I VSE 58.00' RT. APPROVED DATE CONTROL OF ACCESS —/a /// ///— SURVEYED DATE 8 06/2008 & 02/2010 Stantec PROPERTY Lit END ROW PROJECT0 PROJECT MANAGER N GREG EDWARDS SLOPE RIb4TSNAIL TAKING LNE 0 SR A—s8 0 so DATUM Stantec Mountaing Drive PROJECT 0 100 200 55 Green 1Aounrain ori�e PROJECT NAME t SOUTH BURLINGTON VERTICAL NAVD 88(GEOIDO3IFT South Burlington VT U.S.A.05403 TOP OF COT HORIZONTAL IONTAL NAD 83 cCOR5961 sF TPROJECT NUMBER t STP 5200(18) Tel.802.864.165 TOE OF aoPE o 0 0 ALE Fax.802.864.OK>5 4 ADJUSTMENT LSO rrw.nnerneo.00m SHEET i OF 7 SHEETS ALPHABETICAL INDEX SHEET RIGHT OF WAY PLANS GRANTOR SHEET NO. PARCEL NO. GRANTOR SHEET NO. PARCEL NO. GRANTOR SHEET NO PARCEL NO. UNIVERSITY OF VERMONT AND 4,5,7 1 STATE AGRICULTURAL COLLEGE TIMBERLAIE ASSOCIATES,LLP 4 2 R.L.VALLEE,INC. 4,5 3 89-2 REALTY COMPANY 5,6 4 FELCOR/MM S-4 HOTELS(SPE)LLC. 5,6,7 5 g PROJECT NAZI SOUTH BURLINGTON PROJECT NUMBER, STP 5200(18) FLE NA/E3 VP1O Ffles RON\Row.ALPNA.09-PLOT DATES 4/5/2012 PROJECT LEADERS GAE DRAWN BY' STANTEC V!/1 StanteC DESIGNED BY, KJR CHECKED BY,GAS �i' RIGHT OF WAY ALPHA SHEET SHEET 2 OF 7 Ur\I95310352,tr ensporter;on\ere.In9\Pfor(Iles\ROe\Roa_oa re.I sneer.e9n M M/ IIIIIIIIIIINIBH 11111.11111111 Z D I 4� O n I, i 1 0 rp o ri7H r c) I I , o n obO IS 1 SR !r i I 70 • r 6jn I i 3 O z p N * z ����-_•.a •�q rn Gl fl bmImVVV NN NN E�NrOmVVNNNNYIN AUPWW W"WNe+00 Ni—V.+t+ Z ff1111 b pIp�TIV�p+ +VVYTyT{nTY'TpTT�y TTTTTTI +}}++++}}+++++ +++ + } #V# q t '+'++v+Vp++y 7 T O N r O t rmi r W O m N[O O N b O O O b b b V.i W Y W W 8 N N N V r+ O D 7 t!r N W r V N pp�A V W N 0 I A i O r V,ONO L l U' V W++V W WtW N N b b N V N N O O N W 0 0 b W N b Or Po n O bb b o bb in;O bb.6 obbbww.0 7Obo bw70�,y070p CCCC b byl 7b JN07O�pO 7bin�Op N COO 000OOG bb 1 -1-ri rl-ri-r111 r1�-rl-riqri -rl-rl�-riirl-ri -iy-lii-l-1-i11 1-i -A1-pig-1 y-1-iy-ii r-1 rl-rl rl rl-ri rl ri r-Irl q=1 O ; 1 1 I z 1 N 1 R., T '.TNT T+VvyTi T `Tq �N+y'�Wy'Y'T'�,IT�p + ++ ., a�+ t+ WyGy�� +Cp$ �Op±+VV+ 2O VV NW01 IJ N m0 N1DObD Nb W0000 >r41VW.�DO OC OG1n' O N OCVIOOOOOAON .Yrfi�Cp1C�Oo �Co7C0CCG61 GLrbin 1 11 i-rl 1 1 .....r r -1 -i -i�y I1 -i-i 1 11 =1 s " g -4 X II 1 ma IiI IuI_IIuIIi 1 S 5 p 7QQ�j > pz 2 2p_ �pQfj JpZO i �pzo SyQ�j 8 n pp o I m-+ to 1 4' [9�r 1 g l y C N1F N N N `"I17 `�' N-1 fri h 0,,, rtl N y I o^ lit v PIN 2 < O O FIF m2'FFIFmP� A mAP AFAAFP FP A T DI A 2Ni� GS �DDD�A C 111 RI ., Rl m a°FFFp. y Mil 0 1 2 ((--�� C2's33333 3,3C3 a33339 3L��933L�333;3 333 3:3333 I 33'9�' sC� , :33 - z• -; il ; 1 . . -<I$ 33 xi� � 1 M v M IIIMIIIIIIIIIIIIIIIIIMIMMIIIME 1immi N= MIMIIMIIIIIII r 11111.1111111111.11111111111 § y r mm p(1 (� I Ici r r O j m z O 2 A O n,O=04„ to rn N N N N .� N m o� �o�=''� �y�G� z �oA'om � i8j SIm 1o$,o �g�"iT�8 ,0z r9nG2 9P�m�4 Oa�o� N n nn�Z��y q; liI JpH N.Z_y. : z2O � (eI P v,In '(c���}I mI r2N ,' -1 D y �O;A IA 2F�R ril �� _, x = r9 t-i O% g q i m ,,A q z z z z Ll 2 N 2 3 I Vml I�n $ ;i '" m~ m 1 , 1 sl., 1 I ., imil R. 1 I I I VT !I I 1 r Tm > E I I N i va. o „ i °'8 at I D Ss uo NN <_ N• g vc I I 1'>p^d g T °= N = I ; i m 0 00 " �> O r� °= 1 i75 s 0 ( I I pM-+ 2 Z �^2 "e z 1 9o� y m I:, N z Om > ¢e w m= m I • z o a a VNsoi F. I N EXISTING (P► PERMANENT RIGHT-OF-WAY (T) ' TEMPORARY KING WITH DI T. DRAINAGE RIGHT w \DITCHING RIGHT ACCESS CH. CHANNEL RIGHT - - TAK I�)G WITHOUT DRIVE CUVE RIGHT CU.. CULVERT ACCESS\\ CIT CLEARING & TRIMMING -- — CZ — - • CLEAR ZONF� SR SLOPE II�GHT P HUE UTILITY EAASIEMENT M HANDSTEIHOLE T T�— — — — PROPERTY LINk. . F O 0 0 TOE OF SLOPE • • `� © !AY/I117PS/rl' or i1r14 ,�yr,/� ir- N. I sr4rf AL:R/CCg new caLEL( • �^ & TOP OF CUT �•\ = O �� .410.311.40.SLOPE RIGHT \\ i\ 0 c _ _ T.,(T.?„ - •CONSTRUCTION RIGHT `• \\ } \ i3'. \\ ® ti u • / B •. // z 0 • / it m INSTALL (P) •=/ . �� f INSTALL (P) ya\ a ��. a .rISt R _ CONST. (Ti ppE POF— _ fF.------BALL IP of, � '-----...1 VI co - - — - — - _�__ _ ILI �r ,. - .. - _ -PIKE V97 PUNCR' pi UE — �, I�• r IY Ild ci 0 vs — UT — w _ . . 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CULVERT CdT CLEARING & TRIMMING PROJECT NAMEf SOUTH BURLINGTON BE ACCURATE BUT SHOULD NOT BE RELIED D o SLOPE RIGHT UE UTILITYlEASEAENT PROJECT NUMBER, STP 5200(18) UPON FOR PURPOSES UNRELATED TO THE _ _ , TLIT) SL STREET LIGHT CITY OF SOUTH BURL I NGTON'S ACOU I S I T I ON COIGNS TRUC T I ON HN HAND HOLE FILE NANE'. \ROW\Row_don set,Cgn PLOT DATE* S4/5/2012 TANTEC OF LAND AND RIGHTS FOR THIS PROJECT. 0 20 40 PROJECT LEAOEIN GAS DRAWN BYt TANTEC Stantec DESIGNED Bv: CAE CHECKED BY'GAS SCALE RIGHT OF WAY PLAN SHEET 4 SHEET 7 OF 7 4:e4441 trt0 southburlington PUBLIC WORKS MEMO To: City Council rat From: Justin Rabidoux,Director /1,; Date: May 4, 2012 Re: Holmes Road Railroad Crossing The State of Vermont owns and maintains the at-grade railroad crossing on Holmes Road in South Burlington. Holmes Road to the west of the crossing is a privately owned road with an average width of 15 feet. The State has determined that those properties located west of the tracks do not have a legal right to cross the tracks. This issue is causing property owners many difficulties,including not being able to receive a clear title and impacting property transactions and refinancing efforts. The City has been asked to consider taking ownership of both the railroad crossing and the road (approximately '/ mile long)to the west of the tracks. Consideration of this must include a discussion of its fiscal impact. There are two sets of costs to consider; 1)annual ongoing maintenance of the crossing and road and 2)initial investment necessary to upgrade the road to state and city Class 3 road standards. 1. Annual Maintenance of the Crossing and the Road: a. The road is presently approximately '/mile long and gravel.Annual maintenance items such as plowing, street sweeping, miscellaneous sign installations/replacements would be about$2,000 a year. b. The State upgrades its rail crossings about every 15 years. Their most recent upgrade in South Burlington on Bartlett Bay Road in 2010 cost$15,000;that cost should be figured at$1,000 a year. c. A discussion needs to take place with our insurance provider to see what, if any, additional coverage we would need if we owned an at-grade rail crossing. 2. Initial Investment Necessary to Upgrade the Road to Local and State Standards: a. The road is 1/4 mile long and gravel and averages 15 feet in width. b. City standards dictate a minimum width of 24 feet on local roads,which shall be paved. c. The DRB has the authority to reduce that width. d. The Fire Department requires a minimum width of 20 feet to ensure enough width for their apparatuses to safely operate. e. Widening the road would be difficult and expensive. The road is lined with trees, ditches and utilities. 575 Dorset Street South Burlington. VT 05403 tel 802.658 7961 fax 802 658.7976 www.sburl.com Physical Address 104 Landfill Road South Burlington f. To determine the structural capacity of the existing gravel road we would have to take soil borings and have those results analyzed by a geotechnical engineer. Given the length of the road and wanting to get enough representative samples, $10,000 should be budgeted for this exercise. g. To widen the road to a minimum of 20 feet(to meet Fire Department Standards) or to 24 feet(to meet DRB standards)would require a full set of engineered drawings; $40,000 should be budgeted for this exercise. h. Until a conceptual design is complete showing the extents and limits of a proposed widening, detailed construction estimates are not available.A conservative estimate of$500,000 is appropriate at this point given all the unknowns. In summary,it would cost the City$3,000 a year to own and maintain(exclusive of potential increased insurance premiums)Holmes Road and the upfront design,permitting and construction costs to get Holmes Road in conformance with city standards would cost$550,000. p south REGULAR SESSION To: South Burlington City Council & City Manager From: Ilona Blanchard, Project Dire ein• Subject: Market Street Authorization to Proceed to Preliminary Engineering Date: May 7, 2012 Background: In 2004,the City signed a contract with the State of Vermont Agency of Transportation in order to develop a design to reconstruct Market Street using Federal funding. Since then, the contract has been amended twice, additional funding was secured through the Federal SAFETEA-LU earmark, and the scope has shifted from only design to include construction. As a funding requirement,the City developed and submitted an Environmental Assessment (EA) for review and approval by the Federal government. An extensive document, this not only developed the concept plan for the reconstruction of Market Street,but considered alternatives and sketched out future accommodations for a potential City Center. In September 2010, a Finding of No Significant Impact was issued by the reviewing agency, giving the project a green light. The development and approval of the EA had taken considerable time and funding resources and the project has been placed on hold while the City considered options. Because the grant has been inactive, there is a chance that if it continues to remain in this state, it could be rescinded by the Federal government. A limited number of SAFETEA-LU grants made to other states and municipalities that were unable to show progress for significant periods have been rescinded. This evaluation phase is now complete and staff is recommending that the project be limited to the reconstruction of Market Street and officially referred to as the Market Street Reconstruction Project. Federal funding is available for the bulk of this project(see budget) and by limiting the scope to transforming Market Street into an attractive thoroughfare with a pedestrian oriented streetscape,there is a possibility that the project, under favorable conditions, would be constructed within four years. Approving the City to begin preliminary design will obligate the City to complete the project or pay back the Federal government for all funds spent as of the date the project is terminated. It will also reactivate the project in 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com sufficient time to demonstrate to the Federal government that the City is on Background, track to complete the project and intends to retain and use the earmark for the continued contracted purpose. The City Council will, at future dates, be asked to sign off on significant design features, construction related contracts, and any scope changes that impact costs and the schedule. Attachments: • Project Scope, Schedule, Cost Estimate, and Stakeholder Outreach Plan • Concept for Market Street • Resolution to approve the Conceptual Plans and authorize the City to proceed with Preliminary Design and execute an amendment to the VHB contract and Scope of Work Recommendation: Approve Resolution Market Street Reconstruction Project Scope The scope of this project is to fully investigate the ground conditions, design the street, obtain related permits, engineer and fully reconstruct Market Street along the current alignment from Dorset Street to Hinesburg Road. Street elements will be designed in consultation with stakeholders, including the cross sections, locations of intersections and the streetscape. The public right-of-way will, for the most part, be limited to 80 feet in width. Within commercial cross sections, supplemental streetscape may also be provided at the time of development for complementary elements such as café seating. Pre-design investigation will include a ground survey, wetland delineation, right-of-way research and geotechnical investigations. These will be used to develop base maps for design work and develop and submit the permit applications. The permit applications that will be submitted for this project include: • Act 250 Permit Amendment • Stormwater • Erosion Prevention and Sediment Control • Army Corp of Engineers Section 404 • Vermont DEC Wetlands • Potential amendment to the EA Parallel to the review of permits the City will engage stakeholders in the concept design and final design of the following integrated elements: • Cross Sections • Streetscape • Green Streets if feasible • Landscaping An additional design element requiring public input and Council sign-off that will be included in the engineering and technical documents will be the location of intersecting street. Therefore, either through the Market Street design process or the ongoing development of Form Based Codes for City Center,the location of the future network as it pertains to Market Street will need to be determined. These design elements will be incorporated into the construction documents as the permits are nearing approval. The approved design elements and environment mitigation features will be incorporated into the construction documents and submitted for approval to VTrans and the permitting agencies. During engineering, cost estimates will be developed at least twice to ensure that the project is viable while meeting its design intent. Once the construction documents have been approved and permits granted for construction, the City will bid out the project. VTrans and staff will select the lowest, responsible bid, and City Council will be asked to approve the contract. Construction will be scheduled to accommodate the seasonal weather conditions and retain access to businesses and institutions located along the street. Construction may be in sections. Construction will include all design elements discussed with the City Council and required by the permits. This may include offsite stormwater and/or wetlands mitigation, and/or stream restoration. Traffic signals, landscaping, lighting, and street furniture will be installed once hardscape construction is complete. Market Street Reconstruction Project Schedule Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 2012 2012 2012 2013 2013 2013 2013 2014 2014 2014 2014 2015 2015 2015 2015 2016 2016 Data Collection (surveys,soils) Permit Submittal * (60%Plans) Design Streetscape + + + - - - - Design Street + + + - - Network Review Permits * * * * * * SW Permits(85% Plans) Finalize Plans,Bid, Approve Contract Construction A A A Landscaping A A Construction A A A Corrections * Critical + Not Critical - Float A Weather Dependent Note: This schedule is an estimate of the time required to complete each component. The time frame is neither optimistic nor pessimistic and is in-between the two extremes. Permit review and approval is the most unpredictable stage, and once completed, and the project is put out to bid it will be clear if the bulk of construction will occur in 2014, 2015 or 2016. The most pessimistic schedule would complete construction in 2018. Market Street Reconstruction Project Estimate of Expenditures and Funding Design, Construction Non- Total Federal City City Total Engineering, Hardscape Expenditures: Grant Impact Reserve Funding: and Construction Fees Funds Year Inspection To Date $0.7 M $0.7 M $0.7 M $0.7 M 2012 0.4 M 0.4 M 0.35 M $0.05 M 0.4 M 2013 0.5 M 0.5 M 0.4 M 0.1 M 0.5 M 2014 0.1 M 0.1 M 0.08 M 0.02 M 0.1 M 2015 0.5 M $4.5 M 5 M 3.97 M 0.8 M $0.23M 5M 2016 $0.5 M 0.5 M 0.3 M 0.2 M 0.5 M Total: $ 2.2 M $4.5 M $0.5 M $7.2 M $5.5 M $ 1.27 M $0.43 M $7.2 M Market Street Reconstruction Project Stakeholder Outreach Plan DESIGN PRIMARY STAKEHOLDERS STRATEGY SB OFFICIAL SB COUNCIL TIMING ADVISORY GROUPS SIGN OFF Overall Neighbors,property Briefings, project owners, agencies, NGOs meetings,a mails, Yes Yes Regularly website Market Street design—cross section,street Meetings,e-mail, first year CommunityYes Yes furniture, website desirable landscaping, green streets Roadway Property owners, Local Through FBC first six network Motion,CCRPC,CCTA process or Market Yes Yes months Street desirable Environmental groups, first/second Wetlands and State, potentially Meetings, Yes Potentially Storm water briefings,e-news year property owners -� l i fr . RI � " ,...__,......, . ,,, ,_, . _, 111- j fir, t ,I'1 I, lk 11111t, +i'i I 7 !, fie' ''R�7�t �. fir- ,` f ils ';'4 IIIII �I ` ��-.� a,c'"��-. r,,, 1 'off '`' l ; 2 ,,,1 :2,6- , : a VI $. ' � f ,I- ; r tm , , t/ r \� Y - SI -R --ate- �-- ' 'f t1 \\ 1 I\ , rMI —, T r F ,- r 1111 111 p\ � I� a I rim • MO ‘ 11111110 ■ KWOOD ,. - , BARRETT as BR ® r �® 4111111111111111.11711Mg iiimij Legend / �'✓ =t Q Option A 1 1 Option B t Figure 2.2-6 Market Street IlillieMillii On-Site Options 0 200 400 Feet Market Street Improvements South Burlington,Vermont Vanasse Hanged Brustlin, Inc.0 Source: R-2012-5-7 RESOLUTION A RESOLUTION APPROVING THE MARKET STREET RECONSTRUCTION PROJECT CONCEPTUAL PLANS COMPLETED AS PART OF THE ENVIRONMENTAL ASSESSMENT AND AUTHORIZING THE CITY OF SOUTH BURLINGTON TO PROCEED WITH PRELIMINARY DESIGN AND TO AMEND THE VHB CONTRACT FOR THE PROJECT WHEREAS,the City of South Burlington was awarded a Federal Earmark for$1 million for the design of the Market Street(City Center)project in 2004 and the City has agreed that$45,000 of this earmark will be used for Vermont Agency of Transportation(VTrans)review and management of the project;and, WHEREAS,this Earmark is 100%federally funded and no match is required; and, WHEREAS, the City of South Burlington was subsequently awarded a SAFETEA-LU Federal Earmark of approximately$4.5 million which requires a local match of$1.1 million; and, WHEREAS,the City would be responsible for 100%of expenditures thereafter; and, WHEREAS, estimates for total design and construction costs are approximately$7.2 million;and WHEREAS,the combination of the City's local match of$1.1 million and the total of the two federal grants of$1 million and$4.5 million is $6.6 million;and, WHEREAS,the City difference between the estimated total cost of$7.2 million and the$6.6 million of combined Federal funding and City local match is estimated at approximately$0.6 million; and, WHEREAS,the total estimated City financial obligation to this project is approximately $1.7 million; and, WHEREAS, the City has completed the Environmental Assessment for the reconstructing Market Street which established Option A,the current street alignment,as the preferred option and completes the Conceptual Design Plan phase of the project; and, WHEREAS,the Environmental Assessment issued a Finding of No Significant Impact and vs,as approved by the Federal Highway Administration on September 30,2010; and, WHEREAS, the Conceptual Plans for improving Market Street have been accepted by VTrans and the Market Street Reconstruction Project is ready to progress to the Preliminary Design phase; and, WHEREAS, lack of progress on the project may jeopardize the SAFETEA-LU Federal Earmark and that other SAFETEA-LU projects have had their funding revoked by the Federal Government; and, WHEREAS, the act of authorizing the City of South Burlington to proceed to Preliminary Engineering will obligate the City to providing the 20%match and 100%of funds required to complete project above and beyond$6,663,369,and, if the project is not completed,to reimburse the Federal Government for all costs incurred to up to the date of the Project's termination; and, WHEREAS, the City has identified sufficient funds in its traffic impact fees to meet the 20% local match obligation for Fiscal Year 2013 and has identified additional funding using a combination of impact fees and Reserve Funds for future years; and, WHEREAS,the City entered into a contract with a consultant, Vanasse Hangen Brustlin, Inc.,to complete design, permitting and engineering for the project in 2005 and subsequently amended the contract, and in order to refocus the scope work on the reconstruction of Market Street the contract will need to be amended; and, WHEREAS, by initiating work on the Preliminary Engineering phase of the project the City will cease to be in jeopardy of losing the Federal Government SAFETEA-LU Federal Earmark. NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby approves the Market Street Conceptual Plans that were completed as part of the Environmental Assessment, process and authorizes the City of South Burlington to proceed with Preliminary Design for the reconstruction of Market Street, and directs the City Manager to amend and execute the contract and scope of work for design and permitting with Vanasse Hangen Brustlin, Inc. to reflect the focus on the reconstruction of Market Street. APPROVED this day of May,2012. SOUTH BURLINGTON CITY COUNCIL Rosanne Greco,Chair Helen Riehle,Vice Chair Pam Mackenzie,Clerk Sandra Dooley Paul Engels . CITY COUNCIL 16 APRIL 2012 The South Burlington City Council held a regular meeting on Monday, 16 April 2012, at 6:00 p.m., in the Conference Room, City Hall,575 Dorset St. • Members Present: R. Greco, Chair; S. Dooley, P.Engels,H. Riehle Also Present: R. Rusten, Deputy City Manager; J. Rabidoux, Public Works Director; C. LaRose, City Planner; R. Fletcher, City Attorney; C. Gonyeau, H. Bonscher, L. Glenn- Davitian, G. Santee, A Rowe, C. Richardson,D. Simindinger, G. Edwards • 1. Executive Session: Ms. Riehle moved th&Board meet in executive session to discuss personnel, contract negotiations, and litigation. Mr. Engels seconded. Motion passed unanimously. Regular Session: Ms. Riehle moved the Board exit executive session. Mr. Engels seconded. Motion passed unanimously. 1. Agenda Review: No changes were made to the Agenda. 2. Comments & Questions from the Audience, not related to Agenda Items: Ms. Gonyau: a Holmes Road resident asked for a discussion of the railroad crossing issues at the next meeting. She said she wanted information on new costs to the city (insurance, upgrading, etc.). Ms. Bonscher: a Dorset Heights resident said she submitted plans for an addition to her home and asked that it be on an agenda soon. Everybody is standing by for this. Mr. Engels asked that the City Manager prepare information on railroad crossing for public presentation. 3.Announcements & City Manager's Report: Mr. Rusten announced that the city has been awarded a proclamation of thank you from the Hattie Harris Foundation. Ms. Dooley noted that that F-35 environmental impact statement(EIS)was received on April 13th. Ms. Greco said there will be a brief discussion of this under Other Business. The public hearing on the EIS conflicts with a City Council meeting. Ms. Greco also CITY COUNCIL 16 APRIL 2012 PAGE 2 noted that she will be meeting with Airport people tomorrow and that Peter Plumeau, the city's representative on the Airport Commission would like to speak to the City Council about Airport issues. 4. Consent Agenda: A. Approve Minutes of 26 March and 2 April 2012 B. Sign Disbursements C. Financial Statements D. Consider Approval of Entertainment permits: ALS Association - 23 September 2012 Lund Mother's Day Ride- 13 May 2012 Members agreed to remove the Minutes from the consent agenda. Ms. Dooley moved to approve the Consent Agenda without the Minutes. Ms. Riehle seconded. Motion passed unanimously. 5. Public Hearing on Amendments to the Land Development Regulations Amendment: Ms. Riehle moved to open the public hearing. Mr. Engels seconded. Motion passed unanimously. Ms. LaRose explained the difference between "permitted" and "conditional"use. No other issues were raised. Ms. Dooley moved to close the public hearing. Mr. Engels seconded. Motion passed unanimously. Mr. Engels moved to approve the Amendments to the Land Development Regulations Amendment as presented. Ms. Dooley seconded. Motion passed unanimously. 6. Update from Channel 17: Ms. Davitian noted that negotiations with Comcast Cable are complete, and there is a contract through 2016. She also noted that Channel 17 is a trust that is managed by the Trustees. Former Council member Emery has been serving as South Burlington's Trustee. The Channel is run by CCTV. CITY COUNCIL 16 APRIL 2012 PAGE 3 The latest thing that Channel 17 is working on is live streaming of special events. She asked the city to let them know if there is such an event. There is no extra charge for this service. Ms. Dooley said she would like to see the Planning Commission meetings televised. Ms Greco agreed. Ms. Davitian said she would look at that and report back. She estimated a cost of about $600/month and suggested the city might do just one Planning Commission meeting a month. Mr. Rusten advised that there is no money in the budget for this. Ms. Davitian also said she would provide the city with viewership numbers. 8. Consider Appointment to the Aviation Technology Advisory Group: Mr. Rusten noted this appointment is in conjunction with aviation technology training programs at the Airport. CEDO felt it would be best to put together a group to advise them. The group would probably meet 4 or 5 times. Mr. Rusten noted some city staff is interested in this. Members were OK with city staff filling the position. Mr. Rusten said Mr. Miller will make the appointment. 9. Liquor Control Board: Ms. Riehle moved the Council adjourn and reconvene as Liquor Control Board. Mr. Engels seconded. Motion passed unanimously. Ms. Greco advised she would recuse herself from consideration of the Klinger's renewal due to a potential conflict of interest. Mr. Rusten presented the following annual liquor license renewals: Bourne's Service Center Jolley#146 Jolley#147 Koto Restaurant Klinger Bread Champlain Farms Wood Spoon Bistro Moose Lodge #1618 Pulcinella's Simon's Store &Deli Pizza Putt Shaw's Supermarket Shelburne Road Variety Hannaford Food & Drug Pauline's Restaurant Jiffy Mart He indicated that all had been reviewed by Fire and Police. Ms. Dooley moved to approve all except Klinger's Bread. Ms. Riehle seconded. CITY COUNCIL 16 APRIL 2012 PAGE 4 passed unanimously. Ms. Greco asked under what conditions would the Council deny a license. Mr. Rusten said the city is allowed to set reasonable criteria. Mr. Engels then moved to approve the annual liquor permit for Klinger's Bread. Ms. Dooley seconded. Motion passed 3-0 with Ms. Greco recusing herself from the vote. 10. Other Business: A. Minutes of 26 March and 2 April: It was noted that on p. 1 of the Minutes of 26 March, the question is whether the railroad or state owns the land and can grant easements. It was agreed to strike the sentence: "The city would like this to be rectified." On p. 4 of the Minutes of 26 March, in paragraph 3 of item#6, it is the Environmental Court, not Board. In the Minutes of 2 April, Ms. Dooley noted that on p. 2, last sentence, this was "tried in her neighborhood." Ms. Dooley also noted that on -. 7, item #10, Jim Barlow of VLCT had said that "daisy chain" e-mails do not constitute a public meeting. She also noted that the City Attorney had said it was OK to contact the City Attorney directly. Ms. Riehle then moved to approve the Minutes of 26 March and 2 April as amended. Ms. Dooley seconded. Motion passed unanimously. B. F-35 Environmental Impact Study: The public hearing on the EIS will be held on 14 May, 6 p.m., at the High School. This conflicts with a City Council meeting, and the Council was to meet as a deliberative body at that meeting. Members agreed to change the Council meeting to 4 p.m. Mr. Rusten will check with the applicants to see if this is OK with them. C. Discussion with Library Board of Trustees: Members agreed to meet with the Library Board of Trustees to discuss legal ramifications of managing the Library. They agreed to a meeting on 23 April 5 p.m. CITY COUNCIL 16 APRIL 2012 PAGE 5 D. Railroad Issue: It was agreed to put this on a future agenda. 7. South Burlington STP 5200(18)-US2 Widening/Sheraton 3rd Lane Project Necessity hearing: Ms. Riehle moved to appoint Bob Fletcher as hearing officer. Mr. Engels seconded. Motion passed unanimously. Mr. Fletcher said he will assist the City Council in whatever way needed to facilitate the process. He indicated that this hearing is to get an overview of the project. The Council must view the site (there will be a recess to allow for this visit) and then reconvene and take testimony. Mr. Rabidoux advised that a Notice of Hearing was sent to various interested land owners. He read the Notice of Hearing. He then introduced representatives of Stantek Consulting and Lamoureau &Dickenson who were duly sworn in to present testimony. Mr. Fletcher said this will be an evidentiary hearing regarding the necessity of acquiring certain properties. The City Council will have a 60-day window in which to issue a decision following this hearing. • Mr. Rabidoux then provided a history and overview of the project. He noted that the third lane eastbound on Williston Rd. disappears at Staples Plaza and that the logical thing is to continue it. During the scoping study, the entire area was studied, and it was found that there is enough land to provide that lane. The land for the project will not be coming from Staples Plaza but from the Sheraton and UVM properties. Eventually, the City Council will be asked to decide whether those property rights are necessary to construct the project. Mr. Rabidoux then outlined the temporary takings on the south side of Williston Road to allow for construction. These include land from Timberlake, Maplefields, Staples Plaza, and the Sheraton. Permanent takings include permanent rights at Staples Plaza for a traffic signal mast arm, 2 street lights, and a traffic signal box; a 16-foot taking at the Sheraton, the CCTA bus pad and utility easements. There will also be a minor realignment of the I-89 off-ramp at the Sheraton. There is no proposed reconfiguration of Staples property. CITY COUNCIL 16 APRIL 2012 PAGE 6 The project is funded by a $7,000,000 earmark for three projects. One project is completed. The third project is an intercept facility behind the Sheraton (there will be a meeting on this facility Thursday, at 7 p.m.). The meeting was then suspended to allow City Council members to view the project site. The meeting resumed at 8:10 p.m. with a presentation from Stantek consultants. Mr. Edwards indicated he had been the Project Manager for the Scoping Study. He said they looked at existing conditions and issues. What was identified was: 1. a need for improved safety for vehicles, pedestrians, transit, and cyclists; 2. improved access to I-89 ramps 3. A need to reduce traffic delays & queues at the East Avenue Intersection 4. A need to reduce the potential for crashes (mainly eastbound) caused by turning vehicles, etc.. Most of these are due to the ending of the rightmost lane at Staples Plaza. 5. A need to provide adequate bicycle facilities 6. A need to improve pedestrian safety for crossing U.S. 2 7. A need to contribute to transit service outlined in a previous U.S. 2 study. The Scoping Study also looked at alternatives: widening either the north or south side of U.S. 2. On 15 December 2008, alternatives were presented to the City Council, and the Council endorsed "alternative B." This reduced the cost, impacts, and timeline. Mr. Santee, Project Manager, then provided details of the project. He showed a typical section existing today, both east and west bound. The proposed project will create a "mirror image" on both sides of U.S. 2 with an extreme right lane eastbound ending at the U.S. 89 on-ramp. U.S. 2 will be widened by 16 feet. Signal poles will be moved, and overhead sign structures will be replaced. This project is being combined with a U.S. 2 re-paving project, which will save about $200,000. Mr. Santee then reviewed the rights that need to be acquired as follows: 1. From UVM: acquisition of widening area(to be paid for), overhead sign structure, storm water system (pipe to carry water through a swale), and temporary construction easements so the contractor can work in the area. 2. From Timberlake Farms: The road will be moving away from the parcel, thus providing more green space. Temporary acquisitions include: construction easement (2-3 feet of sidewalk), slope construction, removal of street lights, connections to driveways, replacement of sign structure. CITY COUNCIL 16 APRIL 2012 PAGE 7 3. From Maplefields: (road moving away from there) temporary rights for slope construction, construction easement, drive access. 4. From 89-2 Realty Co. (Staples Plaza): no taking of land; temporary rights for construction easement, replace signal poles, street lighting, minor slope construction. 5. Sheraton: Permanent grading of swale: temporary replacing of utility pole,construction easement, landscape construction;permanent traffic signal poles,bus shelter,parking(they will lose 3 spaces which will be replaced to the east), retaining wall (will be moved back), street lights,utility structure. There will be a 5-foot bike lane in each direction. Travel lanes will be reduced from 12 feet in width to 11 feet. Mr. Fletcher asked if there is a document or set of documents showing all the easements. Mr. Rabidoux indicated this in the packet of information given to the Council. He noted that the project will allow for a significant increase in traffic in the peak hour. Mr. Fletcher asked if there is any level of service information. Mr. Rabidoux said he was sure this was done. Mr. Rabidoux noted the project does not go straight on the south side of the road because of utilities, etc., which would have been much more expensive to relocate. They also had a willing donor in the Sheraton. Ms. Dooley added that the owner of Staples Plaza said they would litigate if the city tried to take any of their land. Public input was then solicited. Mr. Simindinger, owner of the Timberlake property, applauded the thought for making the improvements. He also outlined his concerns. He noted that the current lane serves for cuing in and out of businesses. He felt it was inevitable that roads will widen and felt the city should have taken on the battle with Staples to make it more safe. Staples would have lost only about 20 parking spaces. Mr. Simindinger commented that people leave cars there for 3 or 4 days at a time. He also asked if their setbacks will be changed and if the added land will be deeded to them. He was concerned with lighting at the entrance to their property and asked for a brighter light. He was also concerned with the median. He noted they had to build the median to forestall turning traffic. When the Mobile Station rebuilt, they didn't have to have a median, and cars turn in their illegally all the time. He asked that the existing median be removed. Ms. Greco asked if there is any danger of Timberlake going out of business because of this project. Mr. Simindinger said there is not. Mr. Rabidoux said no land will be added CITY COUNCIL 16 APRIL 2012 PAGE 8 back; neither Timberlake nor the city will gain from it. Ms. Riehle said she was curious about the reason for the median. Mr. Rabidoux said they are trying to replicate what is there now. Ms. Dooley said the median was required by the DRB. She added that it appears the new configuration would make it much more difficult to make left turns into the businesses on the south side of U.S. 2. Ms. Riehle asked if the light being removed from the Timberlake property will be replaced. Mr. Rabidoux said it will be replaced off their property. Mr. Rabidoux noted that the total value of the project is $3,300,000-$3,400,000. The city is responsible for 5% local share. Money for this has been identified in the budget. Ms. Greco asked how long the project will take. Mr. Rabidoux said it is a 2-season project. Mr. Santee added they want to award the contract in late July. Curb to curb work would be finished in November and they would come back next spring with finishing up. Ms. Greco asked about lane closings. Mr. Rabidoux said there would be "lane shifts." They are also anticipating some night work. Mr. Fletcher said the Council will deliberate and issue a decision within 90 days. Ms. Dooley moved to close the hearing. Mr. Engels seconded. Motion passed unanimously. The hearing was closed at 9:02 p.m. As there was no further business to come before the Council, the meeting was adjourned at 9:05 p.m. Clerk