Loading...
HomeMy WebLinkAboutMinutes - City Council - 09/15/2017 CITY COUNCIL 15 SEPTEMBER, 2017 The South Burlington City Council held a Special Meeting on Friday, September 15, 2017 at 7:30 AM in the Main Conference Room at City Hall, 575 Dorset Street. Members present: M. Emery, T. Barritt, P. Nowak, T. Chittenden Also Present: K. Dorn, City Manager, I. Blanchard, Projects Director, A. Bolduc, Council Chair Riehle was absent and so Vice Chair Emery chaired the meeting. 1. Pledge of Allegiance. 2. Instructions on exiting building in case of emergency. Mr. Dorn provided instructions on how to exit the building in case of emergency 3. Agenda Review: Additions, deletions or changes in order of agenda items. There were no changes to the agenda 4. Comments and questions from the public not related to the agenda. There were no questions from the public 5. Sign Disbursement Mr. Chittenden moved to approve the disbursements. Mr. Barritt seconded the motion. The motion passed unanimously. 6. Consider approving agreement with Century Partners, LLC Mr. Barritt moved to approve authorizing the City Manager to execute the agreement between the City of South Burlington and Century Partners, LP with the same or substantially the same form and terms. Ms. Nowak seconded the motion. The motion passed unanimously. 7. Other Business No other business was raised 8. Adjourn Ms. Nowak moved to adjourn. Mr. Chittenden seconded the motion. The Council adjourned at 7:55 A.M. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com To: Kevin Dorn, City Manager From: Ilona Blanchard, Project Director Subject: Century Partners, LP Agreement – Market Street Reconstruction Project Date: September 13, 2017 Background: To reconstruct Market Street, additional rights to land are needed temporarily to build the roadway. The City has been communicating with Century Partners, LP and their attorneys to negotiate conditions under which Century Partners, LP would sign a temporary easement deed. The deed is required to construct Market Street and a critical step in the Vermont Transportation Agency roadway development process prior to a final set of construction documents being generated. The proposed attached agreement is the product of this negotiation and relates to cooperation between the two parties. The Agreement includes language regarding: 1) Disconnection of a stormwater line currently conveying stormwater from public streets across the Century Partners property; 2) Ability to allow Century Partners to relocate stormwater connections in the future with no change in flow rates subject to all regulations and permits; 3) Curb cut radius geometry on the existing driveway; 4) Relocation of electrical equipment; 5) Maintenance of access during construction for tenants and customers: 6) Coordination of work by the City to raise the grade of the sidewalk and by Century Partners to make adjustment to their building so that it meets the finished grade of the sidewalk; 7) The disposal of street lights, tree grates and other items in the ROW; 8) Future utility connections; and 9) A partial release required by the mortgage company for the temporary easement; Attachments: • Agreement and Draft Exhibits (Stipulation, ROW Plans, Sidewalk Details) Recommendation: Approve authorizing the City Manager to execute Agreement between the City of South Burlington and Century Partners, LP with the same or substantially the same form and terms. E D 12"12"12"15 " 18"18" D24"24"8" DI 8" DI D24"D cmp12"D pvc18" D 15" D18" D 15" D15" D 15" D 15" D18" D 15" D15" D15" D15" D18" D 24" D18" D 24" D15" D24"D 19 " x 3 0 " D(BY OTHERS) FUTURE DRAINAGE SHARED USE PATH SHARED USE PATH 104+00 105+00 106+00 107+00 108+00Exist. R.O.W.Exist. R.O.W. Exist. R.O.W. Exist. R.O.W. Exist. Sidewalk Easment CONST (T )CONST(T) UT IL ITY (P )HIGHWAY(P)SLOPE (T)SLO PE (T) & RESET (T) REMOVE REMOVE (T) CONST (T) CONST (T)CONST (T)FUTURE MARY STREET CL9/12/2017 DESIGNED BY: PROJECT LEADER:DRAWN BY: PLOT DATE: CHECKED BY: PROJECT NAME: PROJECT NUMBER: FILE NAME: SHEET OF SCALE 20 400 IN FEET D.M. PECK G.L. BAKOS 51658.01_bdr_row.dgn STP 5200(17) S. BURLINGTON - MARKET STREET N VT STATE PLANE GRIDFalse Northing: 0.0000False Easting: 1640416.6667Origin Latitude: 42°30'00.0000"NCentral Meridian: 72°30'00.0000"WUS Survey FootTransverse MercatorNAD83 Vermont State PlanesVT83 RIGHT-OF-WAY PLANS 5 G.L. BAKOS K. D. WENTWORTH DORSET SQUARE ASSOCIATES N/F 0570-00150 MARKET STREET 10MATCHLINE TO STA.108+75MATCHLINE TO STA.103+50POON TRUST, LLC N/F 0450-0005 SOUTH BURLINGTON CITY CENTER, LLC N/F 0450-0000 CENTURY PARTNERS, L.P. N/F 0570-00100 5' 14" 12" HONEY LOCUST TREES REMOVE 9" HONEY LOCUST TREES REMOVE LIGHT POLE REMOVE LIGHT POLE REMOVE LIGHT POLE RELOCATE 105+50 105+82 106+10 106+42 106+84 ACCESS EASEMENT HOTEL, LLC 24' RICH BURLINGTON 106+67 106+82 4.2'5.0'5.0' 2.0'10.7' 8" DI 105+00 Existing R.O.W. EASEMENT (TYP.) CONSTRUCTION TEMPORARY SLOPE 2.0% MAX. SLOPE SIDEWALK GRADES MATCH EXISTING BUILDING SLOPE FROM SIDEWALK EXISTING APPROXIMATE MARKET STREET #4 MARKET STREET LEVEL ALONG BUILDING Landscape Architects131 Church StreetBurlington, VT 05401www.segroup.comDESIGNED BY:PROJECT LEADER:FILE NAME:PROJECT NUMBER:South Burlington - Market StreetSTP 5200(17)PLOT DATE:DRAWN BY:CHECKED BY:SHEET:MJL, MKWMKWMKW09/25/14PROJECT NAME:20'Graphic Scale: 1"=20'40'80'0'LANDSCAPE LIGHTING PLANFIXTURE AND POLE SPECIFICATIONSNOTES:1. CONTRACTOR IS RESPONSIBLE TO VERIFY ALL LIGHT FIXTURE AND POLE QUANTITIES FOUND IN THELIGHTING PLANS. IF ANY DISCREPANCIES ARE FOUND, LANDSCAPE ARCHITECT SHOULD BE NOTIFIEDIMMEDIATELY.2. REFER TO ORNAMENTAL LIGHT FIXTURE DETAILS FOR FIXTURE AND POLE CONFIGURATIONS WITH BANNERARMS AND RECEPTACLES.3. CONTRACTOR TO PROVIDE SHOP DRAWINGS FOR REVIEW AND APPROVAL BY LANDSCAPE ARCHITECT.4. REFER TO GENERAL PLANS BY VHB FOR LIGHTING CONDUIT LAYOUT, AND DETAILS BY D&K, Inc. FORPOWER SUPPLY DETAILS.5. LIGHTS ARE TO BE CONTROLLED BY AN ELECTRONIC PHOTO CELL. ONE LOCATION TO CONTROL ALLLIGHTS.Pole Cap:HF1Kim LightingReflector:Options:Color:Manufacturer:Size:Fixture:Fixture A60 LED - 4,000k Type IIIBL (Black)MDL (Medallions), TF (Finial)ERA Lantern19"Mounting:1AHSAA14-64188 (Stepped Aluminum) Pole:Mounting Arm:HA34S (Heritage-Small)L3.0 SIDEWALK CONNECTION DETAILS ... 4 MARKET STREET D-19/13/17 ___ RFH RFH 17-115 ____ CENTURY PARTNERS, LP 100 Dorset Street South Burlington, Vermont JPK As Shown New Walk Connection at Windows and Doors New Walk Connection at Blank Wall1'-0"8"1'-0"8"Self Leveling Polyurethane, Gray Foam Expansion Material with Tear Strip Drill and Install 5/8" x 9" Epoxy Coated Smooth Steel Dowel, 12" O.C. New Concrete Sidewalk New Crushed Gravel, Fine AOT 704.05 New Concrete Sidewalk Apply Bonding Agent to Foundation Surface Remove Existing Brick, Install New Concrete Cast-In-Place Cap Self Leveling Polyurethane, Gray Full Depth Seal to Window and Door Frames Limit of Work Work to be Performed by Century Partners Work to be Performed by City of South Burlington Limit of Work Work to be Performed by Century Partners Work to be Performed by City of South Burlington Self Leveling Polyurethane, Gray Foam Expansion Material with Tear Strip Foam Expansion Material, Install to Face of Brick Existing Building FoundationExisting Building FoundationNOTE: Dowels to be Provided by City of South Burlington SLOPE TO DRAIN SLOPE TO DRAIN New Crushed Gravel, Fine AOT 704.05 0"3"6"12"24" AGREEMENT Agreement entered into effective this __ day of ________________, 2017 by and between Century Partners, A Limited Partnership, a Vermont limited partnership with a principal place of business in South Burlington, Vermont (hereafter “Century”), and the City of South Burlington, a municipal corporation of Chittenden County and State of Vermont (hereafter the “City”). RECITALS A. The City intends to make certain improvements to Market Street, as depicted on plans entitled “Proposed Improvements, South Burlington, Vermont, County of Chittenden, STP 5200(17),” Sheets 1 – 10. B. Century is executing and delivering to the City a Warranty Deed of Easement dated the date hereof (hereafter the “Easement Deed”), conveying certain temporary easements as set forth on Sheets 2 - 5 of such plans (such Sheets 2 – 5 hereafter the “ROW Plans,” and the improvements depicted on such ROW Plans, hereafter the “Project”). C. The City Council of the City, on September 5, 2017, voted to accept an extension of Mary Street from its existing southerly terminus, proceeding southerly to Market Street (hereafter the “Mary Street Extension”) within a 60 foot strip of land which is easterly of the Century property, pursuant to a Stipulation for Modification of Site Plan Approval between Snyder Braverman Development, LLC and South Burlington City Center, LLC (as “Permittees”) and Century and Thirty Three Mary Street, LLC (hereafter the “Stipulation), dated August 24, 2017, a copy of the Stipulation being attached as Exhibit 1. D. The parties have agreed to certain other related matters, which are set forth below. AGREEMENT NOW THEREFORE, in consideration of the aforementioned acceptance vote of the Mary Street Extension, and Century’s execution and delivery of the Easement Deed as provided herein, and for other good and sufficient consideration, receipt of which the parties acknowledge, the parties agree as follows: 1. Disconnection of Mary Street stormwater line. At the time that the Mary Street Extension roadway and stormwater improvements depicted on Sheets 1 and 2 of the “Plans,” as defined in the Stipulation, (or as may be modified in the approval process with Century’s stipulated approval) are completed, as well as the drainage manholes depicted on the ROW Plans within the Market Street right-of-way (i) left of Station 106 + 67 (herein “Manhole #1) and (ii) left of Station 106 + 82 (herein “Manhole #2”), the City or its designee shall disconnect the existing stormwater line on the Century property that (i) proceeds southerly from at or near the northeasterly corner of the Century property and (ii) discharges stormwater from existing Mary Street and its right-of-way to the catch basin on the 2 Century property at or just northerly of the temporary construction easement depicted on Sheet 5 of the ROW Plans between Stations 106+42 and 106+84, labeled “CONST (T).” (Such catch basin is hereafter referred to as the “Century Catch Basin”). At the time of the disconnection, any rights of the City to use such stormwater line and any related improvements on the Century property for the discharge of stormwater from existing Mary Street and its right-of-way shall cease and terminate, and at Century’s request and subject to the provisions of 24 V.S.A. § 1061, if applicable, the City shall execute and deliver to Century a deed relinquishing any such rights. 2. New Manhole Connection. (i) During construction of the Project, the City or its designee shall (i) install Manhole #1, and Manhole #2, and (ii) connect the stormwater drainage line running southeasterly from the Century Catch Basin to Manhole #1. (ii) Century may discharge the same rate of stormwater discharge from its property to the Century Catch Basin, for discharge to Manhole #1 as is discharged to the Century Catch Basin as of the date hereof. 3. Future Relocation of Century Catch Basin and New Drainage Line. Following completion of the work described in Section 2 above, Century may at its sole cost and expense relocate the Century Catch Basin on its property, and extend a stormwater line therefrom to Manhole #2, or to a manhole in substantially the same location as Manhole #2, subject to all state and local regulations and requirements, and Century’s right to discharge stormwater with regard to such relocated catch basin and new stormwater line shall be the same as set forth in Section 2(ii) above. 4. Curb radius. The easterly radius of the easterly curb cut to Century’s property from Market Street and the westerly radius of the Mary Street Extension curb cut on Market Street shall be as depicted on Sheet 5 of the ROW Plans, attached hereto as Exhibit 2. 5. Relocation of MTC Cabinet. During construction of the Project, the City shall relocate the MTC cabinet within the Market Street right-of-way near the southeasterly corner of Century’s property to a location that is both outside of the Market Street right-of-way and not on Century’s property at no expense to Century. 6. Maintenance of access. During construction of the Project: (i) with respect to the access drive providing access to the Department of Motor Vehicles (“DMV”), the City shall work with the schedule of DMV so that the work is performed and the pavement material set times (estimated to be approximately 24 hours) occur outside of the DMV’s hours of operation as much as possible, if not completely during hours when the DMV is closed, and (ii) with respect to closure of the easterly access driveway, the City shall work with Century’s tenants (Pompanoosuc Mills) and Century to find 3 the days/times that work best for temporary closure during pavement set times. In any event, the City shall always leave one of the two accesses open while the other is being reconstructed. The City shall give Century at least 48 hours’ notice of such closures by email to Samuel Judge at sjudge@judgecompanies.com and to J. Peter Judge at pjudge@judgecompanies.com. 7. Sidewalk work. (A) Sidewalk and Related Work. The City contemplates raising the level of the sidewalk southerly of the building housing the DMV and Pompanoosuc Mills located at 4 Market Street; such construction, and related work on the southerly and westerly sides of the 4 Market Street building both in the City right of way and on Century’s property. Design details for such work are set forth on attached Exhibit 3, in two (2) sheets, the first sheet entitled “Detail – Typical Sidewalk/Building Interface “Sidewalk Connection Details,” and the second sheet entitled “South Burlington - Market Street” (the second sheet being attached solely to illustrate the sidewalk sawcut pattern on the south side of the building and at its corners, and for no other purpose), and Exhibit 4, entitled “Detail – SW Side Work on 4 Market Street ” (collectively, hereafter the “Sidewalk Plans”). The City shall, at its expense and in a good and workman-like manner, perform the work described on the Sidewalk Plans within the City right-of-way, and as otherwise designated on the Sidewalk Plans as to be performed by it. Century shall retain its own contractor to perform, at its expense, the work described on the Sidewalk Plans that is not the City’s responsibility (herein “Century Work”). The Century Work shall be complete prior to the City’s installation of the sidewalk. Century and its engineer and contractor and the City and its engineers and contractors shall cooperate and coordinate to the end that the Century Work may be completed as provided in the preceding sentence. Without limiting the foregoing, Century’s Work will be performed after the City has demolished the existing sidewalk and before installation by the City of the new sidewalk, and the City will provide adequate time and unobstructed working space necessary for Century to perform its work. The Project shall not interfere with the following, which shall be permitted to remain in place after Project completion, including any replacements thereof: (a) the two awnings and bump-out balcony on the façade of the building at 2 Market Street, (b) the two awnings on the building façade at 4 Market Street, (c) the existing lighting on the facade of the building at 2 Market Street, and (d) up to five (5) wall mounted, shielded (except for downward lighting) decorative lighting fixtures, substantially in the style described on Exhibit 5 attached, to be installed by Century during construction of the Project in place of the existing two (2) lights currently on the building south façade, and one (1) light on the building’s west side at its southwest corner (“Century Lighting”). B. Permits. The City Zoning Administrator has issued written determinations that no permit is required for the Century Work or Century Lighting. 8. Street lights, tree grates, vases. Street lights and tree grates in or near the sidewalk on the north side of Market Street that the City removes during construction of the Project shall be deposited by the City on the Century property at a location or locations designated by Century, and shall thereupon become Century’s 4 property in their as-is condition. The City shall dispose of the black vase-like objects on Market Street in front of the building that are to be removed by the City as part of the Project. 9. City “dig once” policy. Century acknowledges that it has the opportunity to request that surplus stubs for additional utility service connections be provided by the City at its expense that extend to the northerly edge of the right-of-way for Market Street on or before September 20, 2017, and that future requests for surplus utility stubs may be accommodated prior to construction of the Project. After construction of the Project, the integrity of Market Street shall be maintained, but Century may remove and replace the northerly seven (7) feet of the Market Street sidewalk to install new utility connections in accordance with all applicable permits. 10. John Hancock Life Insurance Mortgage. The City has prepared a Consent to Easement Agreement (“Consent”) respecting Century’s mortgage to John Hancock Life Insurance Company, and will pay any related fees or charges assessed by John Hancock for review. Century has submitted the Consent to John Hancock, and the City shall hold the executed Easement Deed and this Agreement in escrow pending receipt of either the executed Consent from John Hancock, or other writing from John Hancock confirming its consent to the Easement Deed or that its consent is not required due to the temporary nature of the easements. At the time of the John Hancock consent, the documents shall be released from escrow and this Agreement’s effective date shall be inserted on the first page hereof, coincident with the date of such consent. 11. Further assurances. The parties agree, both before and after completion of the Project, to execute, acknowledge and deliver such documents, certificates or other instruments and take such other actions as may be reasonably required from time to time to carry out the intent and purpose of this Agreement. 12. Severability. If any term, provision or requirement of this Agreement, shall be held to be invalid or unenforceable or shall not occur due to circumstances not the fault of either party hereto, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 13. Captions. The Section headings in this Agreement are used in this Agreement only for convenience and shall not be used to limit or affect any provisions of this Agreement. 14. Counterpart and electronic signatures. 5 This Agreement may be executed in counterparts, which, when taken together, shall constitute one instrument. Electronic signatures shall have the same legal effect as original signatures. 15. Successors and assigns. This Agreement shall be binding on and inure to the benefit of the parties, and their successors and assigns. Dated as of the day and date first above written. SIGNATURE PAGES TO FOLLOW 6 CENTURY PARTNERS, A LIMITED PARTNERSHIP By Judge Development Corp., Its General Partner By: ___________________________________ Samuel Judge, President and Its Duly Authority Agent STATE OF NEW YORK, SS COUNTY OF RENSSELAER On the _______day of September in the year 2017, before me, the undersigned notary public, personally appeared Samuel Judge, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as President and duly authorized agent of Judge Development Corp, general partner of Century Partners, A Limited Partnership, and that by his signature on this instrument, he acknowledged this instrument by him subscribed, to be his free act and deed and the free act and deed of Century Partners, A Limited Partnership. ____________________________________ Notary Public My commission expires: _______________ 7 CITY OF SOUTH BURLINGTON By: ___________________________________ Its Duly Authority Agent STATE OF VERMONT CHITTENDEN COUNTY, SS At ________________ this _____ day of ___________, 2017, personally appeared ____________________, duly authorized agent of CITY OF SOUTH BURLINGTON, and he/she acknowledged this instrument, by him/her subscribed, to be his/her free act and deed and the free act and deed of CITY OF SOUTH BURLINGTON. Before me _________________________________ Notary Public Commission Expires: 2/10/2019 8 EXHIBIT 1 Stipulation for Modification of Site Plan Approval 9 EXHIBIT 2 Sheet 5 of ROW Plans 10 EXHIBIT 3 Detail - Typical Sidewalk/Building Interface 11 EXHIBIT 4 Detail – SW Side Work on 4 Market Street 12 EXHIBIT 5 Lighting Fixture 705490.1