HomeMy WebLinkAboutAgenda - City Council - 09/03/2019AGENDA
SOUTH BURLINGTON CITY COUNCIL
South Burlington City Hall
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Regular Session 6:30 P.M. Tuesday, September 3, 2019
1.Pledge of Allegiance. (6:30 – 6:31 PM)
2.Instructions on exiting building in case of emergency. Kevin Dorn (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:33 PM)
4.Comments and questions from the public not related to the agenda. (6:33 – 6:43 PM)
5.Announcements and City Manager’s Report. (6:43 – 6:53 PM)
6.Reports from Councilors’ committee assignments (6:53 – 7:00 PM)
7.Consent Agenda: (7:00 – 7:02 PM)
A.*** Consider and Sign Disbursements
B.*** Approve Governmental Entity Certificate of Resolution designating TD Bank as the City
official bank
C.*** Release of irrevocable offer of dedication for proposed road off of Community Drive in
Technology Park
8.City – School collaboration (7:02 – 7:12 PM)
9.Update on Council plans to host two forums on Domestic Violence in October; Domestic Violence
Awareness Month. Councilors Riehle and Emery (7:12 – 7:22 PM)
10.Update on public input component of Indoor Recreation Center proposal - Holly Rees (7:22 – 7:42
PM)
11.*** Council consideration and possible approval of resolution related to public telecom infrastructure
Justin Rabidoux, Andrew Bolduc (7:42 – 7:57 PM)
12.*** Consider convening as the South Burlington Liquor Control Commission to consider the following
applications:
a)Mimmo’s Pizzeria and Restaurant -- Third Class Restaurant/Bar License
13.Other Business (7:57 – 8:00 PM)
14.Adjourn (8:00 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.Cost of development/cost of open space.
Issues that have been discussed by the Council where further action is pending:
1.Street light policy.
2.Airport noise survey.
3.Evaluate water billing and rate structure.
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.
MEMO
Date: Thursday, August 29, 2019
To: South Burlington City Council
From: Andrew Bolduc, City Attorney
RE: TD Bank Governmental Entity Certificate of Resolution (for Deposit Accounts)
Following the Council’s approval of TD Bank for the City’s banking services at the August 19, 2019
meeting, the attached form resolution for consideration and possible approval was provided by TD
Bank to be completed and approved to ensure the City has provided appropriate authority for TD
Bank to be used as the City’s official depository for funds of the City as well as to authorize the
City Treasurer and Assistant City Treasurer to act as the authorized City Agents to open and
maintain the account.
RESOLUTION
A RESOLUTION IRREVOCABLY REJECTING 1998 OFFER OF DEDICATION AND
WARRANTY DEED FOR COMMUNITY WAY
WHEREAS, over twenty years ago, as part of a subdivision in the development located off Kimball
Avenue known as Technology Park, the City of South Burlington approved a planned cul-de-sac
and right-of-way called “Community Way” to serve three lots off Community Drive in the
southeast corner of the Technology Park property;
WHEREAS, as a condition of approval, the City required the applicant provide an irrevocable
offer of dedication and warranty deed granting this 60’ right-of-way to the City;
WHEREAS, the applicant provided an Irrevocable Offer of Dedication of Community Way to the
City dated _____ and recorded in the South Burlington Land Records in Volume __, Page ___ (the
“Offer”) and a Warranty Deed fully executed on March 16, 1998, from Technology Park
Associates, Inc., PMF Energy Associates, Inc., and Axinn-Vermont, Inc. (the “Deed”);
WHEREAS, Community Way has not been constructed and to date, the City has not accepted the
Offer or the Deed and has not recorded the Deed in the South Burlington Land Records;
WHEREAS, the City’s Development Review Board is presently reviewing applications for a
144,000-square-foot FedEx Ground facility off Community Drive (the “Development”);
WHEREAS, the Development proposes to merge the three lots that were to be served by
Community Way and the Community Way parcel and to create a single access point off
Community Drive for the resulting parcel, which will therefore eliminate the need for this right-
of-way.
NOW THEREFORE, BE IT RESOLVED, that the South Burlington City Council, upon final
Development Review Board approval of the Development, and intending to be forever bound,
hereby irrevocably rejects the Offer and the Deed.
THE COUNCIL FURTHER RESOLVES, that if, as a condition of approval of the Development,
the Development Review Board requires additional legal documentation for the release of the
City’s property interest in Community Way, it directs the City Manager to prepare, approve and
execute said required legal documents as needed to release any future interest created by the Offer
and the Deed.
[REMAINDER OF PAGE INTENTIALLY LEFT BLANK; SIGNATURE PAGE TO
FOLLOW]
APPROVED at South Burlington, Vermont this _____ day of September, 2019.
SOUTH BURLINGTON CITY COUNCIL
_________________________________
Helen Riehle, Chair
_________________________________
Meaghan Emery, Vice-Chair
_________________________________
Tim Barritt, Clerk
_________________________________
Thomas Chittenden
_________________________________
David Kaufman
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
CC: Andrew Bolduc Justin Rabidoux
SUBJECT: Resolution Authorizing Use of City Infrastructure
DATE: August 29, 2019
BACKGROUND: As part of the design process for Market Street and Garden Street, the City contracted with a third-party communications engineering and installation company (Tilson) to better understand infrastructure needs. They strongly recommended 1) the establishment of a “dig once policy” to preserve the roadway’s structural integrity and to ensure its full life span and 2) the inclusion of public telecom/power infrastructure in new streets in order to facilitate equal access. A publicly owned system would also facilitate the installation of fiber owned and used by the City (we currently lease such fiber and infrastructure). During the design process it was clear that even within a right-of-way (ROW) that is as wide as Market Street, there can be insufficient area underground for competing systems (drainage, water, sewer, street trees, power for street lights, phone and internet cables, bases for streetlights, natural gas, etc.). In addition, telecommunication vault requirements take up a fair amount of space. Green Mountain Power has elected to be in their own system outside of City-owned ROWs for a variety of reasons. Market Street has been designed with an eye to enabling a Dig Once Policy. Utilities within the Market Street ROW have been designed to preserve the road’s asphalt and gravel subbase’s integrity (the areas most vulnerable to settling and failure after a “utility cut” or digging). The project has provided for future building attachments through the installation of extra pipe stubbed out from the main utility lines to the edge of the ROW. A public conduit was also installed during the recent construction of the final leg of Mary Street. It connects from the utility poles in the older portion to the Market Street system.
Background, Continued, Page 2 At the last City Council meeting there was discussion regarding access charges, improved coverage and provision of wi-fi. In order to address these concerns, the draft policy has been revised as follows:
•Applies to any publicly owned telecommunications infrastructure inthe City (several changes throughout the document make it moreuniversal), and
•Allows for individual service providers to negotiate in-kind servicesin lieu of or for partial payment for fees, that meet the needs orgoals of the City (see first and third BE IT RESOLVED).This policy also allows the Director of Public Works and City Attorney to add any fees or any other items as deemed appropriate within a contractual agreement for the use of the infrastructure. Staff are still conducting due diligence on the appropriate fee structure and will provide a recommendation to the Council prior to the meeting.
ATTACHMENTS: •A Resolution Authorizing Use of City Infrastructure
RECOMMENDATION: Approve “A Resolution Authorizing Use of City Infrastructure”.
ADDITIONAL
CONSIDERATION: With Market Street under construction, several buildings are occupied and others pending occupation in the near future, building owners and telecom providers need agreements in place as soon as possible to provide services.
R-2019-
RESOLUTION
A RESOLUTION AUTHORIZING USE OF CITY INFRASTRUCTURE
WHEREAS, the City of South Burlington, Vermont recognizes the importance of full access to the range of telecommunication options for homes and places of work throughout the City, including the new City Center/downtown district; and,
WHEREAS, in order to support the development of City Center and improved quality of life in South Burlington, the City has reconstructed Market Street; and,
WHEREAS, all utility infrastructure on Market Street and other designated future streets within the City is required to be underground; and,
WHEREAS, to ensure an efficient use of space within the right-of-way, preserve the long-term integrity of the street, and ensure equal access by multiple telecommunication providers, public conduits and vaults have been installed as part of the Market Street
project and as may be for adjoining streets and City rights-of-way; and
NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby directs that:
1. Telecommunications companies shall be allowed to install or maintain wire, glass, cableor any other telecommunications technology or material within City owned
telecommunications infrastructure throughout the City for non-municipal use uponexecution of an agreement governing installation, insurance, indemnity, removal,inspection, payment of annual fees and any other items deemed appropriate by the CityAttorney and Director of Public Works.
2.The annual usage fees shall be set at $0.____ per linear foot, or, the Vermont Public
Utility Commission’s adopted rule regulating annual rental calculations for PoleAttachments, whichever is greater.
3.Telecommunication services may offset usage fees in part or whole as agreed to bycontract.
4.All users must install service within 6 months of entering into an agreement with the City,
unless extended for cause by the South Burlington Director of Public Works.
5.Any design that inefficiently occupies innerduct/conduit in a manner that is deemedinefficient and restricts future capacity by competing providers may be denied a permit.
6. Annual fees shall be placed in the Capital Improvement Reserve Fund for the purposes ofoffsetting future telecommunication infrastructure capital costs.
7.Any underground work in the vicinity of a City owned conduit shall require a permit thatensures the protection and restoration of this infrastructure.
APPROVED this ______ day of August, 2019.
SOUTH BURLINGTON CITY COUNCIL
__________________________________ ________________________________
Helen Riehle, Chair Meaghan Emery, Vice-Chair
__________________________________ ________________________________ Tim Barritt, Clerk Tom Chittenden
__________________________________ David Kaufman