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HomeMy WebLinkAboutAgenda - City Council - 08/15/2016 AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Meeting 6:15 P.M. Monday, August 15, 2016 1. Pledge of Allegiance (6:15 – 6:16 PM) 2. Agenda Review: Additions, deletions or changes in order of agenda items. (6:16 – 6:18 PM) 3. Consider entering Executive Session to consult with legal counsel concerning pending litigation (Burlington International Airport tax appeals). (6:18 – 6:35 PM) 4. Consider and possibly approve settlement of litigation in the matter of City of Burlington v. City of South Burlington v. State of Vermont, Docket Nos. 183-2-13 CnC, 1222-11-13 Cncv, 937-9-14 Cncv, and 869-9-15 Cncv. (6:35 – 7:00 PM) 5. Public Hearing: November 8 ballot question regarding incurring debt and the pledging of the City’s credit or making direct payments using TIF District funds for the purpose of funding capital improvements and costs related to the South Burlington City Center TIF District. (7:00 – 7:20 PM) 6. ***Discuss and consider approving the necessity resolution for the ballot question (proposed Article 1) and warning for a Special City Meeting on November 8, 2016 regarding authorization of up to $5,000,000 to incur debt and the pledge the city’s credit or making direct payments using TIF District increment for the purpose of funding capital improvements (City Center Park Phase 1 and Market Street Reconstruction) and costs related to the South Burlington City Center TIF District. – Ilona Blanchard (7:20 – 7:30 pm) 7. Comments and questions from the public not related to the agenda. (7:30 – 7:40 pm) 8. Announcements and City Manager’s Report. (7:40 – 7:50 PM) 9. Consent Agenda: (7:50 – 7:52 PM) A. *** Sign Disbursement B. *** Approve Minutes for August 1, 2016 C. *** Approve Stormwater System Improvement Agreement, Irrevocable Offer of Dedication and any related documents associated with the Village at Dorset Park Stormwater System 10. Update from Library Board of Trustees (7:50 – 8:15 PM) Bonnie Finnigan, Chair 11. Council review of streetlight policy (8:15 – 8:35 PM) Justin Rabidoux 12. Preliminary Review of FY16 Budget Year (8:35 – 8:45 PM) ­ Tom Hubbard 13. Review of Council work plan (8:45 – 9:00 PM) 14. *** Consider convening as the South Burlington Liquor Control Board to consider the following applications: (9:00 – 9:05 PM) • Bueno Y Sano (1st class), • Windjammer Restaurant (amend outside consumption) 15. Other Business: (9:05 – 9:10 PM) A. Items held from the Consent Agenda 16. Adjourn (9:10 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Policy regarding landscaping City-owned land and request from Hadley Road. 2. Cost of development/cost of open space. 3. Airport noise survey. 4. Evaluate water billing and rate structure. 5. Citizen participation in democratic process. 6. Adoption of a building code Issues that have been discussed by the Council where further action is pending: 1. East Terrace Neighborhood Forum and conversion of housing into rental units. 2. Street light policy. 3. Crosswalk issues generally and on Kennedy Drive and Williston Road. 4. Committee reorganization. 5. Encouraging litter removal by businesses and the public. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. SOUTH BURLINGTON, VERMONT 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: Public Hearing Discuss and consider approving a necessity resolution for the ballot question (proposed Article 1) and Warning a Special City Meeting on November 8, 2016 regarding authorization of up to $5,000,000 to incur debt and pledge the City’s credit or to make direct payments using TIF District increment for the purpose of funding capital improvements (City Center Park Phase 1 and Market Street Reconstruction) and costs related to the South Burlington City Center TIF District Date: August 12, 2016 Background:              Public Hearing The City Center TIF District was established to fund capital improvements in City Center supporting the establishment of a new downtown. The City has two projects nearly complete for which the City likely will be ready to competitively select a contractor in 2017. While some funding is in place (over 5 million in Federal funds for Market Street) debt will be needed to finance the construction of these projects. In addition, the City cannot access TIF District increment (revenues) to pay for costs until voters have approved the City to do so. State statures also require that the City incur debt within five years of establishing a TIF district. As the City Center TIF District was established April 1, 2012, the City must incur debt by or in March of 2017. This public hearing is an opportunity for the public to provide comment on the Article language (the ballot question). Article 1 (attached) requests authorization for the City Council to incur debt for two capital improvements (Market Street and Phase 1 of City Center Park (the Dumont parcel) as well as for costs related to establishing and administering the TIF District. Necessity Resolution, Article 1 and November 8 Special Meeting Warning The attached draft article provides the public an opportunity to vote on a question authorizing the Council to raise up to five million dollars in debt or make direct payments of TIF increment for three purposes:       Market Street Reconstruction Project: (Dorset Street to Hinesburg Road inclusive of all intersections) to include streetscape, stormwater, utility, lighting and transportation upgrades with an estimated budget of $3,640,000; Phase 1 of City Center Park (Dumont Parcel): (the creation of a City Center natural area park located south of Market Street and north of Barrett Street) to include pathways, water quality enhancements, bridges, educational, low profile play and exploration features, and landscaping upgrades with an estimated budget of $1,275,000; Related costs: City expenditures can be soft costs attributable public improvements or overall implementation and administration of its TIF district. Examples would be fees charged by the State in the review process, auditing costs, legal costs, public noticing costs, TIF Project feasibility studies, etc. The anticipated budget for related costs is $85,000. If Article 1 passes, the City Council may need to adjust individual budget allocations so as not to exceed the overall requested authorization of $5 million in indebtedness for these projects within the TIF District. Although the City has projected that there will be sufficient TIF increment to service all obligations of the City authorized by the November 8, 2016 ballot question referenced herein, once the ballot question is approved, the City Council will be authorized to pledge the credit of the City for the indebtedness and obligations incurred for the improvements within the City Center TIF District regardless of whether sufficient increment is in place. If the tax increment received by the City from within the Downtown TIF District is insufficient to pay the principal and interest on the debt in any year, for whatever reason, including a decrease in property tax or repeal of a state property tax source, unless otherwise determined at the time of such repeal, the City shall remain liable for payment of the principal and interest for these obligations for the term of indebtedness until fully paid. Attachments:  Necessity Resolution  Warning Special City Meeting November 8  Article 1 (form of ballot) Recommendation: Discuss the resolution and article and consider approving the attached resolution (such approval would incorporate the Warning and Article 1). Additional  consideration:  The State requires that if the City is to incur debt financed by the TIF District, South Burlington will need to do so within the first five years, and will only have five subsequent years during which to use this financing tool. The City may only ask voters to vote on the same proposal to use TIF District financing twice in a calendar year. A positive vote on the ballot will not obligate the City Council to incur debt. Debt does not need to be issued all at once or for the full $5,000,000.             RESOLUTION CITY OF SOUTH BURLINGTON CITY CENTER TAX INCREMENT FINANCING DISTRICT INFRASTRUCTURE AND CAPITAL IMPROVEMENT INDEBTEDNESS WHEREAS, on August 27, 2012, the City Council established the South Burlington City Center Tax Increment Financing District (TIF); and WHEREAS, on July 25, 2013, the Vermont Economic Progress Council (VEPC) issued a Master TIF District Determination which approved the South Burlington City Center TIF District Plan and authorized the TIF District to utilize incremental property tax revenues to pay debt service related to public infrastructure and capital improvements constructed within the TIF District subject to certain conditions and the submittal and approval by VEPC of a TIF District Finance Plan; and WHEREAS, the City Council approved the South Burlington City Center TIF District Financing Plan on February 17, 2015, and the same was submitted to VEPC and approved by it on March 26, 2015; WHEREAS, the City is now prepared to seek voter approval for up to Five Million Dollars ($5,000,000) of the VEPC-approved TIF public infrastructure and capital improvements and related costs, specifically: development/construction of Phase 1 of City Center Park/Dumont Parcel and the development and construction of Market Street between Dorset Street and Hinesburg Road, together with related site work and project costs, and approval for reimbursement of TIF eligible related costs incurred in the establishment, implementation and administration of the TIF District (“Related Costs”) (collectively, the “Project”); and     WHEREAS, the City has established that there is projected capacity to finance the proposed City Center TIF District public infrastructure and capital improvements and related costs described above (the “Project Costs”); and WHEREAS, the approval of the lawful voters of the City is required for the City Council to pledge the credit of the City to secure indebtedness, to make direct payments of TIF funds or to issue debt of the City for the purpose of funding one or more public infrastructure and capital improvements and related costs attributable to projects serving the City Center TIF District and reimbursement for Related Costs. NOW THEREFORE BE IT RESOLVED, that a proposal to pledge the credit of or to issue general obligation bonds of the City in an amount not to exceed Five Million Dollars ($5,000,000), in the form attached hereto as a Ballot should be submitted to the legal voters of the City at a Special City Meeting to be duly called and held November 8, 2016; and BE IT FURTHER RESOLVED, that all acts relating to the proposition of pledging the credit of the City, incurring bonded indebtedness and issuing general obligation bonds of the City for the purpose of financing the Project be in accordance with the provisions of Chapter 53, Subchapter 5 of Title 24 of the Vermont Statutes Annotated and with the City Charter of the City of South Burlington; and BE IT FURTHER RESOLVED, that the attached Warning and form of Ballot be hereby adopted for use in connection with consideration of the above-stated proposition and the same shall be published and posted in accordance with the     requirements of Chapter 53 of Title 24 Vermont Statutes Annotated and Chapter 55 of Title 17, Vermont Statutes Annotated. SOUTH BURLINGTON CITY COUNCIL _________________________________________ _________________________________________ _________________________________________ Dated: ____________ _________________________________________ ATTEST: _____________________________ _________________________________________ City Clerk       WARNING CITY OF SOUTH BURLINGTON NOVEMBER 8, 2016 SPECIAL CITY MEETING The legal voters of the City of South Burlington are hereby notified and warned to meet at their respective polling places at the Frederick H. Tuttle Middle School on Dorset Street, the Orchard School on Baldwin Avenue and the Chamberlin School on White Street on Tuesday, November 8, 2016, at 7:00 o'clock in the morning, at which time the polls will open, until 7:00 o'clock in the evening, at which time the polls will close, to vote by Australian ballot on the following articles: ARTICLE I Shall the City Council be authorized to pledge the credit of the City to secure indebtedness, to borrow, or to make direct payments of TIF increment for the purpose of funding one or more public infrastructure or capital improvements and related costs attributable to projects serving the City Center Tax Increment Financing (TIF) District, specifically: (a) Market Street Reconstruction: (a section of roadway between Dorset Street and Hinesburg Road inclusive of all intersections) to include streetscape, stormwater treatment, utility, lighting and transportation upgrades; (b) City Center Park Phase 1 (Dumont Parcel): (site improvements to create a natural area park) to include pathways, water quality improvements, landscaping, wetland protection, learning and play exploration areas and signage; (c) Related Costs: reimbursement for TIF eligible related costs incurred by the City for the creation, implementation and administration of the City Center TIF District; in a total principal amount not to exceed Five Million Dollars ($5,000,000) (to date, the total City Center TIF tax increment financing debt approved is $0), and to make direct payments, issue bonds, notes or make interfund loans for such purposes with the understanding that tax increment from the properties within the City Center TIF District shall be pledged and appropriated for the payment of such indebtedness or direct costs of the improvements?     POLLING PLACES ARE THE FREDERICK H. TUTTLE MIDDLE SCHOOL AT 500 DORSET STREET, THE ORCHARD SCHOOL AT 2 BALDWIN AVENUE, AND THE CHAMBERLIN SCHOOL AT 262 WHITE STREET. VOTERS ARE TO GO TO THE POLLING PLACE IN THEIR RESPECTIVE DISTRICT. Dated at South Burlington, Vermont this ___ day of August, 2016. SOUTH BURLINGTON CITY COUNCIL ______________________________ Helen Riehle, Chair ______________________________ Meaghan Emery, Vice Chair ______________________________ Tim Barritt, Clerk ______________________________ Pat Nowak ______________________________ Tom Chittenden Received for record and recorded this _____ day of August, 2016, in the records of the City of South Burlington. _________________________________________ Donna Kinville Clerk, City of South Burlington ARTICLE 1 Shall the City Council be authorized to pledge the credit of the City to secure indebtedness, to borrow, or to make direct payments of TIF increment for the purpose of funding one or more public infrastructure or capital improvements and related costs attributable to projects serving the City Center Tax Increment Financing (TIF) District, specifically: (a) Market Street Reconstruction: (a section of roadway between Dorset Street and Hinesburg Road inclusive of all intersections) to include streetscape, stormwater treatment, utility, lighting and transportation upgrades; (b) City Center Park Phase 1 (Dumont Parcel): (site improvements to create a natural area park) to include pathways, water quality improvements, landscaping, wetland protection, learning and play exploration areas and signage; (c) Related Costs: reimbursement for TIF eligible related costs incurred by the City for the creation, implementation and administration of the City Center TIF District; in a total principal amount not to exceed Five Million Dollars ($5,000,000) (to date, the total City Center TIF tax increment financing debt approved is $0), and to make direct payments, issue bonds, notes or make interfund loans for such purposes with the understanding that tax increment from the properties within the City Center TIF District shall be pledged and appropriated for the payment of such indebtedness or direct costs of the improvements? South Burlington Water Dept. Accounts Payable Check Register Date: 08/17/16 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 702,240.82 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: August 10, 2016 Page 2 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 08/17/16 Date Check No. Paid To Memo Amount Paid 8/17/2016 3040 Aldrich & Elliott, PC 234.75 Date Voucher Number Reference Voucher Total Amount Paid 8/2/2016 VI-14060 76408 234.75 234.75 8/17/2016 3041 A.P. Certified Testing LLC 5,435.00 Date Voucher Number Reference Voucher Total Amount Paid 7/21/2016 VI-14062 8765 5,435.00 5,435.00 8/17/2016 3042 Blackbay Ventures VIII LLC 70.40 Date Voucher Number Reference Voucher Total Amount Paid 8/1/2016 VI-14057 REFUND 70.40 70.40 8/17/2016 3043 Champlain Water District 51,654.74 Date Voucher Number Reference Voucher Total Amount Paid 7/31/2016 VI-14059 SBWD-316 51,654.74 51,654.74 8/17/2016 3044 Champlain Water District 146,597.31 Date Voucher Number Reference Voucher Total Amount Paid 7/31/2016 VI-14050 SBWD-309 588.57 588.57 7/31/2016 VI-14051 JULY 146,008.74 146,008.74 8/17/2016 3045 Frank W. Whitcomb Construction 210.38 Date Voucher Number Reference Voucher Total Amount Paid 7/20/2016 VI-14064 00671549 210.38 210.38 8/17/2016 3046 Green Mountain Flagging, LLC 759.46 Date Voucher Number Reference Voucher Total Amount Paid 7/25/2016 VI-14058 19373 759.46 759.46 8/17/2016 3047 Office Essentials 1,345.57 Date Voucher Number Reference Voucher Total Amount Paid 7/25/2016 VI-14056 32981 1,331.95 1,331.95 8/8/2016 VI-14063 33023 13.62 13.62 8/17/2016 3048 City Of South Burlington 281,026.14 Date Voucher Number Reference Voucher Total Amount Paid 8/1/2016 VI-14052 JULY SEWER 281,026.14 281,026.14 8/17/2016 3049 City Of South Burlington 214,655.07 Date Voucher Number Reference Voucher Total Amount Paid 8/1/2016 VI-14053 JULY STORMWATER 214,655.07 214,655.07 8/17/2016 3050 The Other Paper 252.00 Date Voucher Number Reference Voucher Total Amount Paid 7/28/2016 VI-14054 6282 126.00 126.00 7/21/2016 VI-14055 6273 126.00 126.00 Printed: August 10, 2016 Page 1 of 2 Memo To: South Burlington City Council From: Tom DiPietro, Deputy Director of Public Works CC: Kevin Dorn, City Manager Justin Rabidoux, Director of Public Works Date: July 25, 2016 Re: Village at Dorset Park Stormwater Improvement Agreement and Irrevocable Offer of Dedication The South Burlington Stormwater Utility (SBSU) has been working with the Village at Dorset Park homeowner’s association to design and construct improvements to the neighborhood’s existing stormwater treatment and conveyance system. As part of this effort, the neighborhood and SBSU have developed legal agreements related to the construction and eventual transfer of the improved stormwater system to the City. Included with this memo, please find a copy of the “Stormwater System Improvement Agreement” and “Irrevocable Offer of Dedication” related to this work. These documents have been reviewed by the City’s legal counsel and signed by representatives of the Village at Dorset Park Homeowners Association. I recommend that City Council vote to approve these documents so that we can move forward with construction of the Village at Dorset Park Stormwater Improvement project. If you have any questions, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com.