HomeMy WebLinkAboutAgenda - City Council - 01/21/2020AGENDA SOUTH BURLINGTON CITY COUNCIL
South Burlington City Hall
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Regular Session 6:30 P.M. Tuesday, January 21, 2020
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.Possible executive session to receive confidential attorney-client communications related to thepending appeal of City of Burlington Zoning Permits #20-0493CA and #20-0514CA (6:33 – 6:53 PM)
5.Consider and possibly approve action related to the pending appeals of City of Burlington ZoningPermits #20-0493CA and #20-0514CA. (6:53 – 6:58 PM)
6.Comments and questions from the public not related to the agenda. (6:58 – 7:08 PM)
7.Announcements and City Manager’s Report. (7:08 – 7:18 PM)
8.Consent Agenda: (7:18 – 7:20 PM)
A. *** Consider and Sign DisbursementsB. *** Authorize granting of easement deeds to and execution of an agreement with AllardSquare related to the development of 180 Market Street.C.*** Authorize the City Manager to grant easement deeds Green Mountain Power related tothe development of 180 Market Street.
9.FY’19 Audit Presentation - Ron Smith, Auditor (7:20 – 7:40 PM)
10.Annual Report from Pension Fund Manager - Pat Blizzard, SEI (7:40 – 8:00 PM)
11.FY19 Pension Valuation- Erik Schait, Actuary (8:00 – 8:20 PM)
12.*** FY19 Tax Increment Financing District Annual Report – Ilona Blanchard (8:20 – 8:40 PM)
13.*** Consider and possibly approve a resolution related to establishing “no parking” along the northside of White Street to enable the creation of a bike lane – Nic Anderson, Chair, Bike and PedCommittee, Ashley Parker (8:40 – 8:50 PM)
14.Council discussion and possible approval of the warning of a public hearing related to the status ofInterim Zoning in the City of South Burlington. Kevin Dorn, Paul Conner (8:50 – 9:10 PM)
15.Report of the Interim Zoning Committee on Open Space – Alan Strong, Committee Chair (9:10 – 9:40PM)
16.Consider and possibly approve warning the 2020 annual city meeting ballot to include articles on theFY 21 City budget and the election of City Officers and City Councilors (9:40 – 9:50 PM)
17.Reports from Councilors on Committee assignments (9:50 – 10:00 PM)
18.Other Business (10:00 – 10:05 PM)
19. Adjourn (10:05 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 sufficienttime 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 otherconversations occurring.
TO: Kevin Dorn, City Manager
FROM: Ilona Blanchard, Project Director
SUBJECT: Authorize granting of easement deeds to, and execution of an
agreement with, Allard Square related to the development of
180 Market Street
DATE: January 16, 2020
BACKGROUND: Several easements are necessary for the development of the
Library, City Hall, and Senior Center property
(180 Market Street) relating to Allard Square (146 Market Street).
The driveway for 146 Market Street’s underground parking exits
onto and across the lot for 180 Market Street per an easement
granted by the prior owner.
The rear surface parking lot for 146 Market Street is located
adjacent to the proposed far western parking lot for 180 Market
Street. The policy of the City during the development review
process in these cases is to require reciprocal driveway access
easements and an access upon development of the second
property (180 Market Street). The site plan approval for 146
Market Street contained a reciprocal access condition and one is
expected on 200 Market Street.
The City worked with the Cathedral Square staff to address the
needs of both parties on the 180 Market Street site and the 146
Market Street site. These included: relocating the underground
driveway, addressing ongoing parking needs, addressing
circulation and traffic, and ensuring long-term maintenance of
both sites.
The result of this work is as follows:
•The underground parking access will be relocated as
shown on the plan, with Allard Square maintaining the
asphalt, the north westerly wall, and the associated
drainage.
•A reciprocal easement will be provided to connect the the
Background, Continued, Page 2
Allard Square surface parking lot and the City’s far
western parking lot. The City will pay a share of the
maintenance above reciprocal use per the Agreement
(attached).
•The City will provide access and maintenance easements
and a reciprocal easement on 200 Market Street
(Rick Marcotte Central School.
•The City will provide three parking permits for Allard
Square to use the parking to be leased from the
Poon Trust on the lot across from 180 Market Street.
RECOMMENDATION: Authorize the execution of the attached easement deeds granting
access and maintenance rights to Allard Square and the
companion Agreement in substantially the same form as
attached.
ATTACHMENTS: •Easement Deed 180 Market Street
•180 Market Street Future Easement Exhibit (Plan
referenced in 180 Market Easement Deed)
•Easement Deed 200 Market Street
•200 Market Street Local Zoning Permit Plan 1 of 2 (Plan
referenced in 200 Market Easement Deed)
•Agreement
ADDITIONAL
CONSIDERATION
The easement on 200 Market Street does not exceed rights
granted to the City and will not be executed until the City has
the easement from the School District.
Page 1 of 4
EASEMENT DEED
180 Market Street
KNOW ALL PERSONS BY THESE PRESENTS THAT the CITY OF
SOUTH BURLINGTON, a Vermont municipality in the County of Chittenden and
State of Vermont (“Grantor”), in consideration of Ten and More Dollars ($10.00) and
other valuable consideration paid to its full satisfaction by the ALLARD SQUARE
LIMITED PARTNERSHIP, a Vermont limited partnership with its principal place
of business in South Burlington, County of Chittenden and State of Vermont
(“Grantee”), does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the
said Grantee, ALLARD SQUARE LIMITED PARTNERSHIP, and its successors
and assigns, perpetual easements and a right-of-way across certain lands and
premises in the City of South Burlington, County of Chittenden and State of Vermont
(the “Premises”), more particularly described as follows, viz:
1.Driveway right of way for ingress and egress
Being a non-exclusive easement and right of way over a driveway between the
curbs for the operation and use of a driveway easement for ingress and egress
by all manner of motor vehicles to and from the underground parking garage for
the building on the land and premises adjacent to and westerly of the Premises,
which easement is shown as a driveway within the area identified as “Future
Easement to Allard Square Approximately 1,350 SF” (the “Driveway
Easement”) on a plan entitled “Library + Senior Center + City Hall, 180
Market St, South Burlington, VT,” Sheet Title “180 Market Street Future
Easement Exhibit,” prepared by Engineering Ventures, dated _______, 2019 (the
“Plan”), and recorded in Map Slide ___________ of the City of South Burlington
Land Records; provided, however, that Grantor reserves the right in the future
to relocate, modify or reconfigure the driveway and the driveway easement,
including the right to grant additional easements to others over such driveway,
but subject to the requirement that any such relocation, modification or
reconfiguration shall maintain uninterrupted and appropriate access to the
underground parking garage for the building on the land and premises adjacent
to and westerly of the Premises and that the cost of any relocated or modified
driveway or roadway shall be borne by the owner of the Premises.
Pursuant to this reservation of rights, the Grantor intends that the Driveway
Easement shall replace the “easement over adjacent Lot B for the operation,
use, maintenance, repair and replacement of a driveway easement for all
manner of ingress and egress from Market Street to the parking garage for the
Page 2 of 4
building on” Grantee’s land and premises which are adjacent to and westerly of
the Premises, which easement contains two segments, as described and
included in the conveyance to Grantee by Warranty Deed of Cathedral Square
Corporation dated October 17, 2018, and recorded in Volume 1443, Page 65 of
the City of South Burlington Land Records (the “2017 Access Easement”). By
executing and recording this Easement Deed, the 2017 Access Easement is
hereby extinguished, terminated and of no further force and effect.
The Driveway Easement is over the curb-to-curb travel portion of the driveway
and does not include the curbs along both sides of the driveway at the edges of
said travel portion. Grantee and its successors and assigns shall be solely
responsible for operational maintenance such as snow removal and maintaining
the driveway between the curbs in good operation and condition until such time
as Grantor grants additional easements to others over such driveway, in which
event the costs to maintain the asphalt layer and surface of the driveway
between the curbs shall be shared by the users on a pro rata basis; such
maintenance of the driveway between the curbs in good operation and condition
shall include repairing and replacing the asphalt layer and surface of the
driveway between the curbs, in accordance with sound engineering practices.
2.Maintenance of infrastructure – stormwater catch basin and pipe
Being an easement granting Grantee the right to enter upon the Premises to
access, clean and maintain in good operation and condition, in accordance with
sound engineering practices, a stormwater catch basin and associated
stormwater conveyance pipe, which easement is shown as “Catch Basin #1”
southerly of the Driveway Easement within the area identified as “Future
Easement to Allard Square Approximately 1,350 SF” on the Plan. Grantee and
its successors and assigns shall be solely responsible for cleaning and
maintaining in good operation and condition, in accordance with sound
engineering practices, said stormwater catch basin.
3.Maintenance of infrastructure - northwesterly retaining wall
Being an easement granting Grantee the right to enter upon the Premises
within the easement area for the purposes of accessing and maintaining the
northwesterly retaining wall within the easement area in good operation and
condition, in accordance with sound engineering practices. Said easement area
is shown on the Plan as “Northwesterly Wall,” located northerly and westerly of
the Driveway Easement.
Said right to enter upon the Premises to access and maintain said retaining
wall on the Premises shall include the rights to install, maintain, repair and
replace said retaining wall with an equivalent support structure(s), as it
becomes necessary, in accordance with sound engineering practices; provided,
Page 3 of 4
however, that Grantee must obtain Grantor’s approval for any changes in grade
on or within the Premises or in the design of said retaining wall that result in
any increases in the height, footprint or operation of the equivalent support
structure.
Grantee and its successors and assigns shall be solely responsible for
maintaining said retaining wall on the Premises in good operation and
condition, in accordance with sound engineering practices; such maintenance of
said retaining wall in good operation and condition shall include repairing and
replacing said retaining wall with equivalent support structure(s), as it becomes
necessary, in accordance with sound engineering practices.
The above-described easements are conveyed subject to the following additional
terms: (a) Grantee agrees for itself and its successors and assigns that any
premises of the Grantor lying outside the scope of the herein conveyed
easements and rights-of-way damaged, disturbed or affected by Grantee’s
exercise of its rights granted hereunder shall be restored as near as reasonably
practicable to their condition prior to such entry at Grantee’s own cost and
expense and within a reasonable time; (b) Grantee, for itself and its successors
and assigns, shall indemnify, defend and hold Grantor and its members,
managers, employees, agents, successors and assigns harmless to the full extent
of the liability insurance it customarily maintains from and against all claims,
costs, penalties, expenses, liabilities, damages and actions, including court costs
and reasonable attorneys’ fees, arising out of the use of the easements granted
hereby; (c) Except as otherwise set forth herein, Grantor and its successors and
assigns shall have the right to make use of the surface of so much of its property
as is encumbered hereby, such as shall not be inconsistent with the use of said
easements and rights-of-way.
Being parts of the same land and premises conveyed to the City of South
Burlington by the Warranty Deed of South Burlington City Center, LLC, dated
November 8, 2019, and recorded in Volume 1493 Page 117-118 of the City of
South Burlington Land Records.
This conveyance is made subject to and with the benefit of (a) City of South
Burlington Findings of Fact and Decision approving Site Plan Application #SP-
19-37, (b) City of South Burlington Findings of Fact and Decision approving Site
Plan Application #SP-19-42, (c) provisions of municipal ordinances, public laws
and special acts, and (d) any easements and rights-of-way and any utility
easements, spring rights, easements for ingress and egress and rights incident
to each of the same as may appear more particularly of record, provided this
paragraph shall not reinstate any such encumbrance previously extinguished by
the Marketable Record Title Act, Subchapter 7, Title 27, Vermont Statutes
Annotated.
Page 4 of 4
Reference is hereby made to the above-mentioned deeds, instruments, the
records thereof, and the references therein made, all in further aid of this
description.
TO HAVE AND TO HOLD the above granted easement rights and privileges
in, upon and over said premises unto the said Grantee, ALLARD SQUARE
LIMITED PARTNERSHIP, its successors and assigns forever; and said Grantor, the
CITY OF SOUTH BURLINGTON, does, for itself and its successors and assigns,
covenant with Grantee and its successors and assigns, that Grantor is lawfully seized
in fee simple of the aforesaid premises, that they are free from all encumbrances,
except any easements of record, and that the Grantor has good right and title to sell
and convey the rights as aforesaid. Grantor and its successors and assigns shall
Warrant and Defend the same to Grantee and its successors and assigns forever
against the lawful claims and demands of all persons, except as above provided.
IN WITNESS WHEREOF, Grantor hereunto sets its hand and seal this ___
day of ___________________, 20__.
CITY OF SOUTH BURLINGTON
By: _________________________________________
______________________ and Duly
Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At South Burlington in said County, this ____ day of _______, 20__, personally
appeared ______________________________, ____________________ and Duly Authorized
Agent of the CITY OF SOUTH BURLINGTON, and s/he acknowledged this
instrument, by her/him signed, to be her/his free act and deed and the free act and
deed of the CITY OF SOUTH BURLINGTON.
Before me, _________________________________________
Notary Public
My Commission Expires:
SDFM
UTUTGAS GAS
525 Hercules DriveSuite TwoColchester, VT 05446802.655.5020802.622.6567wiemannlamphere.comSCALE:DRAWN BY:CHECKED BY:PROJECT NO:SHEET TITLE:SHEET NUMBER:PRINTED:FILENAME:DATE:All reports, plans, specifications,computer files, field data, notes andother documents and instrumentsprepared by the Architect asinstruments of service shall remainthe property of the Architect. TheArchitect shall retain all common law,statutory and other reserved rights,including copyright thereto. AS NOTEDLIBRARY + SENIOR
CENTER + CITY HALL
PBMD010S28TH %85/,1*T21, VT80 0$5.(T ST#DATEREVISION DESCRIPTIONCONFORMED SET FORCONSTRUCTION 10001 ENGINEERINGVENTURES208 Flynn Avenue, Suite 2A Burlington, VT 05401tel. 802.863.6225 fax 802.863.630685 Mechanic Street, Suite 350A, Lebanon, NH 03766tel. 603.442.9333 fax 603.442.9331www.engineeringventures.com180 MARKETSTREET FUTUREEASEMENTEXHIBIT=.2
Page 1 of 6
EASEMENT DEED
200 Market Street
KNOW ALL PERSONS BY THESE PRESENTS THAT the CITY OF
SOUTH BURLINGTON, a Vermont municipality in the County of Chittenden and
State of Vermont, (“Grantor”), in consideration of Ten and More Dollars ($10.00) and
other valuable consideration paid to its full satisfaction by the ALLARD SQUARE
LIMITED PARTNERSHIP, a Vermont limited partnership with its principal place
of business in South Burlington, County of Chittenden and State of Vermont,
(“Grantee”), does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the
said Grantee, ALLARD SQUARE LIMITED PARTNERSHIP, and its successors
and assigns, non-exclusive perpetual easements and rights-of-way across certain lands
and premises in the City of South Burlington, County of Chittenden and State of
Vermont (the “Premises”), more particularly described as follows, viz:
1.The East-West Drive Aisle Across the Municipal Building Access Easement
Being a non-exclusive easement and right-of-way to permit the Grantee to use
the east-west drive aisle across Grantor’s 0.6-acre, more or less, easement area
(the “Municipal Building Access Easement”) that is a part of the Premises, for
ingress and egress by all manner of motor vehicles and pedestrians, and being
more particularly described as follows:
Being an access easement over a twenty-foot (20’), more or less, wide strip
across land and premises shown as “Municipal Building Access Easement (No.
1)+0.60 AC” on a plan entitled “Library + Senior Center + City Hall, 180
Market St, South Burlington, VT,” Sheet Title “Local Zoning Permit Plan 1 of
2,” prepared by Engineering Ventures, dated _______, 2019 (the “Plan”), and
recorded in Map Slide _______ of the City of South Burlington Land Records.
Said access easement across the Municipal Building Access Easement is shown
on the Plan as an east-west drive aisle strip approximately twenty (20) feet in
width that travels the length of the Municipal Building Access Easement
through a parking area and a reference stating “Note: The East-West Drive
Page 2 of 6
Aisle Across the Municipal Building Access Easement is to be Subject to an
Access Easement Deed to 146 Market Street.”
2.Driveway easement for ingress and egress to lands and premises southerly
and southwesterly of the Municipal Building Access Easement
Being a non-exclusive easement and right-of-way over a driveway, a portion of
the length of which is located between retaining walls, granting Grantee the
right to operate and use a driveway easement for ingress and egress by all
manner of motor vehicles to and from the Municipal Building Access Easement
and the underground parking garage for the building on the land and premises
adjacent to and southwesterly of the Municipal Building Access Easement,
which easement is shown on the Plan as “Access and Paving Maintenance
Easement to Benefit 146 Market Street +0.02 AC;” provided, however, that
Grantor reserves the right in the future to relocate, modify or reconfigure the
driveway and the driveway easement, including the right to grant additional
easements to others over such driveway, but subject to the requirement that
any such relocation, modification or reconfiguration shall maintain
uninterrupted and appropriate access to the underground parking garage for
the building on the land and premises adjacent to and southwesterly of the
Municipal Building Access Easement and that the cost of any relocated or
modified driveway or roadway shall be borne by the owner of the Premises.
Grantee and its successors and assigns shall be solely responsible for
operational maintenance such as snow removal and maintaining the driveway
in good operation and condition until such time as Grantor grants additional
easements to others over such driveway, in which event the costs to maintain
the asphalt layer and surface of the driveway shall be shared by the users on a
pro rata basis; such maintenance of the driveway in good operation and
condition shall include repairing and replacing the asphalt layer and surface of
the driveway, in accordance with sound engineering practices.
3.Maintenance of infrastructure – westerly retaining wall
Being an easement granting Grantee the right to enter upon the Municipal
Building Access Easement for the purposes of accessing and maintaining the
retaining wall located westerly of the driveway and driveway easement (the
“Westerly Wall”) which is shown on the Plan as “Access and Paving
Maintenance Easement to Benefit 146 Market Street +0.02 AC,” in accordance
with sound engineering practices. Said easement for the purposes of accessing
and maintaining the Westerly Wall is shown on the Plan as “Wall Maintenance
Page 3 of 6
and Replacement Easement to Benefit 146 Market Street (For Replacement In
Kind) Extending Five Feet on Either Side of Wall System.”
Said right to enter upon the Municipal Building Access Easement to access and
maintain the Westerly Wall shall include a strip of land on each side of the
Westerly Wall with a uniform width of five feet (5’) measured from the nearest
edge of the Westerly Wall for the purposes of maintaining, repairing and/or
replacing the Westerly Wall with equivalent support structure(s), as it becomes
necessary, in accordance with sound engineering practices; provided, however,
that Grantee must obtain Grantor’s approval for any changes in grade on or
within the Premises or in the design of the Westerly Wall that result in any
increases in the height, footprint or operation of the equivalent support
structure.
Grantee and its successors and assigns shall be solely responsible for
maintaining the Westerly Wall in good operation and condition, in accordance
with sound engineering practices; such maintenance of the Westerly Wall in
good operation and condition shall include repairing and replacing the Westerly
Wall with equivalent support structure(s), as it becomes necessary, in
accordance with sound engineering practices.
4.Driveway right of way for ingress and egress
Also included herein shall be a non-exclusive easement and right-of-way to
permit the Grantee to use a strip of land across and within Grantor’s 0.13-acre,
more or less, easement area that is adjacent to and easterly of the Municipal
Building Access Easement (the “Market Street Access Public Roadway
Easement”) and shown on the Plan as “Site of Future City Right of Way
Easement +0.13 AC (No. 2 – Market Street Access Roadway Easement).” Said
easement is depicted on the Plan as a driveway and roadway within the Market
Street Access Public Roadway Easement and a reference stating “Note: Drive
Aisle Across Market Street Access Roadway Easement is to be Subject to an
Access Easement Deed to 146 Market Street Until Such Time as it is Accepted
As a Public Right of Way.” Said easement and right-of-way may be used by the
Grantee for ingress and egress by all manner of motor vehicles and pedestrians
until the same is accepted by the City of South Burlington as a public street.
The above-described easements are conveyed subject to the following additional
terms: (a) Grantee agrees for itself and its successors and assigns that any
premises of the Grantor lying outside the scope of the herein conveyed
easements and rights-of-way damaged, disturbed or affected by Grantee’s
exercise of its rights granted hereunder shall be restored as near as reasonably
Page 4 of 6
practicable to their condition prior to such entry at Grantee’s own cost and
expense and within a reasonable time; (b) Grantee, for itself and its successors
and assigns, shall indemnify, defend and hold Grantor and its members,
managers, employees, agents, successors and assigns harmless to the full extent
of the liability insurance it customarily maintains from and against all claims,
costs, penalties, expenses, liabilities, damages and actions, including court costs
and reasonable attorneys’ fees, arising out of the use of the easements granted
hereby; (c) Except as otherwise set forth herein, Grantor and its successors and
assigns shall have the right to make use of the surface of so much of its property
as is encumbered hereby, such as shall not be inconsistent with the use of said
easements and rights-of-way; (d) Grantor hereby covenants and agrees to
maintain the drive aisle subject to the easement described herein in Paragraph
1 in good and reasonable condition; (e) Grantor hereby covenants and agrees to
maintain the roadway subject to the easement described herein in Paragraph 4
in good and reasonable condition until the same is accepted by the City of South
Burlington as a public street.
Being easements across parts of the same lands and premises over, upon and
through which certain easements and rights-of-way have been conveyed to the
City of South Burlington by the Easement Deed of the South Burlington School
District (the “SBSD”), dated ________________, 20__, and recorded in Volume
___, Page ___ of the City of South Burlington Land Records (“SBSD’s Easement
Deed”). The Grantor’s Easement Deed and the above-described easements are
being conveyed subject to the conditions to which the Grantor’s exercise of its
rights granted in the SBSD’s Easement Deed are subject, including without
limitation, that:
(a)the Municipal Building Access Easement must be used for access, utilities,
stormwater treatment, landscaping and parking, all for public or community
purposes, by Grantor, and that the SBSD retains the express right of
reversion to the effect that the easements and rights-of-way conveyed in
SBSD’s Easement Deed will revert to the SBSD if said easement and right-
of-way cease to be used for public or community purposes, and
(b)the Market Street Access Public Roadway Easement will revert to SBSD if
the City of South Burlington has not issued a Notice to Proceed to its chosen
contractor before July 1, 2023, as described in SBSD’s Easement Deed.
This conveyance is made subject to and with the benefit of (a) City of South
Burlington Findings of Fact and Decision approving Site Plan Application #SP-
19-37, dated ___________________, (b) City of South Burlington Findings of Fact
and Decision approving Site Plan Application #SP-19-42, dated
___________________, (c) provisions of municipal ordinances, public laws and
Page 5 of 6
special acts, and (d) any easements and rights-of-way and any utility
easements, spring rights, easements for ingress and egress and rights incident
to each of the same as may appear more particularly of record, provided this
paragraph shall not reinstate any such encumbrance previously extinguished by
the Marketable Record Title Act, Subchapter 7, Title 27, Vermont Statutes
Annotated.
Reference is hereby made to the above-mentioned deeds, instruments, the
records thereof, and the references therein made, all in further aid of this
description.
TO HAVE AND TO HOLD the above granted easement rights and privileges
across said premises unto the Grantee, ALLARD SQUARE LIMITED
PARTNERSHIP, its successors and assigns forever; and the said Grantor, CITY OF
SOUTH BURLINGTON, does for itself and its successors and assigns, covenant with
the Grantee and its successors and assigns, that it is the owner of land and premises
benefitting from non-exclusive perpetual easements and rights-of-way over, upon and
through the Premises and that the Grantor has good rights from the owner of the
Premises, the servient estate, to convey the rights described herein to Grantee and
that the Grantor and its successors and assigns shall WARRANT and DEFEND the
same to the Grantee and its successors and assigns forever against the lawful claims
and demands of all persons.
IN WITNESS WHEREOF, Grantor hereunto sets its hand and seal this ___
day of ___________________, 20___.
CITY OF SOUTH BURLINGTON
By: _________________________________________
______________________ and Duly
Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
Page 6 of 6
At South Burlington in said County and State, this __ day of _________, 20__,
personally appeared _______________________, ___________________ and Duly
Authorized Agent of the CITY OF SOUTH BURLINGTON, and s/he acknowledged
this instrument, by her/him signed, to be her/his free act and deed and the free act and
deed of the CITY OF SOUTH BURLINGTON.
Before me, _________________________________________
Notary Public
My Commission Expires:
XX X XXXXXXX X X X X X X X XXXXXXXXXX X X X Xte Plane Northcal Datum NAVD88SD SD SD SD SD SDUDUGEUGEUGTUGT>>>>525 Hercules DriveSuite TwoColchester, VT 05446802.655.5020802.622.6567wiemannlamphere.comSCALE:DRAWN BY:CHECKED BY:PROJECT NO:SHEET TITLE:SHEET NUMBER:PRINTED:FILENAME:DATE:All reports, plans, specifications,computer files, field data, notes andother documents and instrumentsprepared by the Architect asinstruments of service shall remainthe property of the Architect. TheArchitect shall retain all common law,statutory and other reserved rights,including copyright thereto. AS NOTEDLIBRARY + SENIOR
CENTER + CITY HALL
PBMD21S28TH %85/,1*T21, VT80 0$5.(T ST#DATEREVISION DESCRIPTIONCONFORMED SET FORCONSTRUCTION 1221 ENGINEERINGVENTURES208 Flynn Avenue, Suite 2A Burlington, VT 05401tel. 802.863.6225 fax 802.863.630685 Mechanic Street, Suite 350A, Lebanon, NH 03766tel. 603.442.9333 fax 603.442.9331www.engineeringventures.comLOCALZONINGPERMIT PLAN1 OF 2=.0
Page 1 of 5
AGREEMENT
This Agreement dated and effective as of the last date a party signs below is entered
into by and between the City of South Burlington, a Vermont municipality in the
County of Chittenden and State of Vermont (the “City”) and Allard Square
Limited Partnership, a Vermont limited partnership with its principal place of
business in South Burlington, County of Chittenden and State of Vermont (“Allard
Square” and with the City collectively, the “Parties”),
WHEREAS, the City recently purchased a certain 0.62-acre, more or less,
undeveloped parcel of land on the northerly side of Market Street (the “Municipal
Building Parcel”) that is located easterly of and adjacent to Allard Square’s 0.66-
acre, more or less, developed parcel of land (“Lot A”), which is located northerly and
adjacent to the Market Street right-of-way and easterly of and adjacent to the Mary
Street right-of-way; and
WHEREAS, the City intends to construct a new municipal building on, and a new
public roadway easterly of and adjacent to, the Municipal Building Parcel (“New
City Street”);
WHEREAS, the City intends to provide, without limitation, access and parking for
the Municipal Building Parcel over, upon and through a 0.70-acre, more or less,
easement on land owned by the South Burlington School District that is located
northerly of and adjacent to the Municipal Building Parcel and easterly and
northeasterly of Lot A (“City Easement Area”);
WHEREAS, the site plan approval for Lot A requires Allard Square to provide an
access easement across the northerly portion of Lot A to Mary Street, which shall
become effective only at such time as a reciprocal easement is granted to Lot A
through the City Easement Area to the nearest roadway; and
WHEREAS, the City will provide an access easement to Allard Square’s
underground parking garage on Lot A; and
WHEREAS, Allard Square is providing the City with an access easement across Lot
A to and from Mary Street and the City is providing Allard Square with an access
easement across the City Easement Area to and from the New City Street, and each
of the Parties is willing to pay its pro rata share of the costs of repairing and
replacing the asphalt layer of the drive aisle on Lot A based on the traffic usage of
the reciprocal easements above and beyond the Parties’ reciprocal use; and
WHEREAS, the Parties wish to reach agreement for the process of studying traffic
patterns that currently do not exist, for estimating the traffic use of each access
Page 2 of 5
easement and whether a vehicle trip ends at either Lot A or the Municipal Building
Parcel, and for determining each Party’s traffic usage of the access easements;
WHEREAS, Allard Square developed Lot A with a four-story mixed-use building
which includes 39 residential dwelling units, commenced operation and occupancy
of said building in late 2018, and will no longer have three parking spaces when the
City completes the development of the Municipal Building Parcel, the City
Easement Area, the New City Street, and the access easement over Lot A to Mary
Street; and
WHEREAS, the City will lease additional parking for the Municipal Building Parcel
on a parcel of land located southerly of and adjacent to the Market Street right-of-
way that is directly across Market Street from Lot A and the Municipal Building
Parcel (the “City Parking Area”); and
WHEREAS, Allard Square acknowledges that the City is not obligated or required
to provide or make available to Allard Square any parking spaces off the premises
of Lot A, but the City is willing nonetheless to provide three permits for the use of
the City Parking Area to Allard Square.
NOW THEREFORE, the Parties hereby agree as follows:
1. Subject to the City acquiring the City Easement Area, and no sooner than
four (4) years from the date the building on the Municipal Building Parcel is
opened, the City, either upon its own initiative, or, if prompted by Allard Square,
then no later than the end of the next budget cycle, shall undertake and pay for a
traffic study to understand, at a minimum, the traffic patterns on and between Lot
A and the City Easement Area. The study will assess the estimated number of
vehicle trips entering and exiting Lot A and the City Easement Area in a typical
week and the traffic volume using the access easement across Lot A that is above
and beyond the reciprocal use of the Parties. The City shall consult with Allard
Square regarding the parameters of the traffic study. The Parties shall use the
results of the traffic study to determine each Party’s pro rata share of the cost of
maintaining and replacing the asphalt layer on the eighteen-foot (18’), more or less,
wide strip generally along and parallel to the northerly-most boundary line of Lot A.
Maintenance shall include, but may not be limited to, filling potholes and
sealcoating. Each Party’s pro-rata share shall be determined in accordance with the
Pro Rata Share Table and Formula attached as Exhibit A, which is incorporated
herein by reference.
2.Subject to the City acquiring the lease for the City Parking Area at 155
Market Street for an initial term of five (5) years (the “Initial Term”), within three
business days after the City commences construction or work on the City Easement
Page 3 of 5
Area, the City will provide three permits for use in the City Parking Area to Allard
Square, at no cost to Allard Square, until the end of the Initial Term.
3.Subject to the City extending its lease term for the City Parking Area for
one additional term of up to five (5) years (the “Extended Term”), the City will
provide three parking permits to Allard Square for use in the City Parking Area
after the end of the Initial Term until the end of the Extended Term at no cost to
Allard Square.
4. The City will endeavor to include three parking places for Allard Square in
any future City offsite parking accommodations.
5. By signing the application to the City Planning and Zoning Department for
approval of amendments to the site plan for Lot A, including the installation or
construction of the physical access connection between Lot A and the City Easement
Area and the removal of the southerly-most portion of the parking island on Lot A,
Allard Square waives any and all rights it may have to appeal any decisions of the
Planning and Zoning Department approving said application or the applications for
site plan approval # SP-19-42 for the City Easement Area and #SP-19-37 for the
Municipal Building Parcel, except that Allard Square does not waive its appeal
rights with respect to any material modifications to the site plans or site plan
applications made after December 18, 2019.
6.Assignment. Allard Square may neither assign nor convey with Lot A its
rights under this Agreement.
7.Modification and Amendment. No modification, amendment or deletion
affecting this Agreement shall be effective unless in writing and signed by the
Parties.
8.Governing Law; Venue. This Agreement is governed by and construed in
accordance with the laws of the State of Vermont without giving effect to such
jurisdictions conflict of laws, and any action with respect to this Agreement shall be
commenced in the Chittenden Unit, Civil Division of Vermont Superior Court.
9.Effect on Execution by the Parties. This contract is for the benefit of and is
binding upon the Parties. This contract contains the entire agreement by and
between the Parties and supersedes any and all prior agreements, written or oral.
10.Attorneys’ Fees. The Parties understand and agree that each Party shall
bear its own attorneys’ fees, costs and expenses related to, incurred in connection
with, or arising from a dispute among the Parties regarding this Agreement, any
mediation pursuant to this Agreement or the enforcement or interpretation of rights
under this Agreement.
Page 4 of 5
11.Sufficiency of Consideration. Each of the Parties acknowledges it has
received good and satisfactory consideration for the agreements contained herein.
12.Enforceability. If any provision of this Agreement shall be determined to
be invalid or unenforceable, it shall be interpreted to the maximum extent feasible
so as to avoid such invalidity or unenforceability.
13.Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original but all of which together shall constitute one and
the same instrument.
14.Captions; Headings. The captions and section numbers appearing in this
Agreement are inserted only as a matter of convenience. They do not define, limit,
construe or describe the scope or intent of such sections, nor in any way affect this
Agreement or have any substantive effect.
15.Joint Drafting. The Parties expressly agree that this Agreement was
jointly drafted, and that they both had opportunity to negotiate terms and to obtain
assistance of counsel in reviewing terms prior to execution. This Agreement shall
be construed neither against nor in favor of either Party, but shall be construed in a
neutral manner.
16.Waiver of Jury Trial. TO THE EXTENT ALLOWED BY LAW, THE
PARTIES HERETO WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION,
SUIT OR PROCEEDING BROUGHT TO INTERPRET OR ENFORCE THIS
AGREEMENT. This waiver shall not apply to any future litigation between the
Parties relating to any other matter.
Signature page follows.
Page 5 of 5
CITY OF SOUTH BURLINGTON
By: _________________________________________
______________________ and Duly
Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At South Burlington in said County and State, this __ day of _________, 20__,
personally appeared _______________________, ___________________ and Duly
Authorized Agent of the CITY OF SOUTH BURLINGTON, and s/he
acknowledged this instrument, by her/him signed, to be her/his free act and deed
and the free act and deed of the CITY OF SOUTH BURLINGTON.
Before me, _________________________________________
Notary Public
My Commission Expires:
ALLARD SQUARE LIMITED PARTNERSHIP
By: _________________________________________
______________________ and Duly
Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At South Burlington in said County and State, this __ day of _________, 20__,
personally appeared _______________________, ___________________ and Duly
Authorized Agent of the ALLARD SQUARE LIMITED PARTNERSHIP, and
s/he acknowledged this instrument, by her/him signed, to be her/his free act and
deed and the free act and deed of the ALLARD SQUARE LIMITED
PARTNERSHIP.
Before me, _________________________________________
Notary Public
My Commission Expires:
Exhibit A: Pro-rata Share
This table provides an apportionment of use to understand the share above and beyond a balanced amount of
reciprocal use of the easement on the Allard Square property.
Classification of Trip Types
Origin Use City
Easement
Use
Allard
Easement
Area
Destination Type of
Use
Allard
Base
Use
Allard
Reciprocal Use
of City
Easement
City
Reciprocal
Use of Allard
Easement
A B C
Allard
Underground
Yes Yes Allard
Surface
lot/Mary St.
Allard
Reciprocal
& Base
Use
1 1 0
Allard
Underground
Yes No New Street Allard
Reciprocal
Use
0 1 0
Allard
Surface
lot/Mary St.
Yes Yes Allard
Underground
Allard
Base &
Reciprocal
1 1 0
Allard
Surface
lot/Mary St.
No Yes Allard
Surface
lot/Mary St.
Allard
Base Use
1 0 0
Allard
Surface lot
Yes Yes New Street Allard
Reciprocal
Use
1 1 0
Mary Street Yes Yes City
Easement
Area, School
Parking, or
New Street
City
Reciprocal
Use
0 0 1
City
Easement
parking area
Yes Yes Mary Street City
Reciprocal
Use
0 0 1
School
Parking Area
Yes Yes Mary Street City
Reciprocal
Use
0 0 1
New Street Yes Yes Mary Street City
Reciprocal
Use
0 0 1
Pro-rata Share Formula
Allard Square’s number of trips would be A+B
The City’s number of trips above reciprocal would be C-B
Portions would be as follows:
Allard Share A+B / ( A+B+ (C-B) )
City’s Share C-B / ( A+B+ (C-B) )
TO: Kevin Dorn, City Manager
FROM: Ilona Blanchard, Project Director
SUBJECT: Authorize negotiation with and the granting of utility easements
to Green Mountain Power
DATE: January 21, 2020
BACKGROUND: Prior to the provision of power to a site Green Mountain Power
can require the granting of utility easements to give them access
to install, upgrade and otherwise maintain their power network.
As a utility, Green Mountain Power installs and maintains the
power network and the transformer.
For the project, the City is obtaining power from a transformer
located on 180 Market Street and 146 Market Street serving the
146 Market Street site. A separate transformer to be located on
the 200 Market Street site will service the 180 Market Street site
(on the illustration, transformers easement is highlighted with a
in red dashed line, connection is a red line).
Power is considered a “looping” type of service, similar to water.
The system is stronger if power is running from more than one
direction. Multiple sources add resiliency to the system as if one
side is broken, power still flows from the other side. It also
allows the utility to more efficiently meet some types of higher
power demand as power may be pulled from two directions.
GMP will require that this project provide a utility easement so
that a future service can be connected from the east (this power is
sourced from the west side of the project), and eventually create a
looped service for City Center. This is also better for power
resiliency within City Center and for the building. The project
will provide a conduit so that when GMP “pulls power through”
at some future date, it will not disturb the site (depicted with
orange dashes on the illustration).
Power connections will all be below ground, with transformers
Background, Continued, Page 2
mainly above ground.
The easement on 200 Market Street will be granted after the
School District executes their easement to the City.
RECOMMENDATION: Authorize the City Manager to negotiate and execute an
easement deed for 180 Market Street and an easement deed for
200 Market Street providing utility easements for the 180 Market
Street project to Green Mountain Power.
ATTACHMENTS: •Illustration of anticipated areas for which a Utility
easement will be provided.
ADDITIONAL
CONSIDERATION
GMP will not finalize the connection until the easements are
granted.
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: TIF District Annual Report and Original Taxable Value Certification
Date: January 21, 2020
Background: The City is required to report annually to the Vermont Economic Progress
Council (VEPC) on the status of the South Burlington TIF District. Annual
Reports cover the prior fiscal year and the respective Grand List value for that
year for parcels within the TIF District versus the Original Taxable Value
(value of the District’s parcels listed in the Grand List in the year the District
was created).
This Annual Report is on FY2019 (July 1, 2018 – June 31, 2019) and
expenditures and changes during that period and the 2018 Grand List (value as
of April 1, 2018).
At the time of the April 1, 2018 Grand List, Allard Square was halfway
through construction, and the land for CHT had not been subdivided. The
taxable value for the 2018 Grand list was $40,581,600. In 2017, the Grand List
value was $40,037,400.
Staff completes a form which provides a snapshot of changes to parcels within
the district, development that has occurred, project expenditures that have been
made, debt that has been incurred, expenditures to VT firms that have been
hired by the City, new employment created and new businesses that have
opened, and progress towards the criteria that were used to approve the TIF
District.
FY 2019 was the second year in which the City retained TIF increment
revenue. The City will retain revenue for 18 additional years.
To date, the City has only incurred $5,000,000 in TIF District financed debt.
The Council was approved by the voters to incur approximately $5,500,000 in
additional TIF debt, which will likely be borrowed closer to 2021.
Original Taxable Value Certification. Each year the City Assessor certifies the
original taxable value of the TIF District as of 2012.
Two years ago, the City reported a change to the original taxable value to
correct an error in the boundary, and the City received final certification from
Department of Taxes Property Valuation and Review (PVR) in November of
2019.
The Original Taxable Value is listed as $35,387,700. The increment for FY
2019 (on the April 1, 2018 Grand List) was $84,928.
Changes to Individual Parcels. PVR, as per statute, considers lots owned by
the same entity to be one parcel. The City’s land records, often at the request
of landowners, in prior years listed these as multiple parcels (similar to land
development definition of the word parcel). PVR requested that the City
address this discrepancy in the TIF District by combining all adjacent lots
under the same owner into one lot. This had been completed with no change in
value.
Other parcel changes are related to a minor lot line adjustment and resurvey to
a property on San Remo Drive.
Sources of Non-TIF Revenues. VEPC has been asked to remove line 1
(Reserve Fund) of this table and replace it with line 9 (Municipal Debt
Proceeds, for which the amount secured has not been updated, but at the
moment is $14,000,000). The request to remove the Reserve Fund line is
because the value of the other non-TIF revenues reported in this table have
been used to fund project costs; however, reserve funds would service
municipal debt proceeds that fund project costs. Reserve funds should not be
classified in the same group as revenues directly funding project costs, so the
amount has not been updated.
Attachments: •2019 Annual Report
Recommendation: No action required.
I.
Municipality & District Reporting Period:
Name of Person Completing Report Grand List Year:
Title
Email Address
Telephone
Date Report Completed
II.
OTV Total Acres
OTV Total Parcels
Current Acres
Current Parcels
Municipal (General Fund)
Homestead
Non Residential
1
2
3
4
5
6
Total TIF Revenue
Source
1
2
3
4
5
$ 35,387,700
$ 1,094,200
$ 34,293,500
Municipal
Homestead‐ Education
Non Residential‐ Education
Tax Increment Financing District
Vermont Economic Progress Council
Vermont Department of Taxes
VEPC Staff Contact Information:
Abbie Sherman, (802) 793‐0721, abbie.sherman@vermont.gov
July 1, 2018 ‐ June 30, 2019South Burlington: City Center TIF District
2018Ilona Blanchard
Project Director
iblanchard@sburl.com
802‐846‐4123
January 15, 2020
NOTE: All information reported on this form by the municipality must be for the Reporting Period and Grand List Year identified above.
Base Data (Original Taxable Value)
104.21
66
District Information:
TIF District Data:
Reports are due on or before January 15, 2020
Parcel Information
103.33
44
$ 35,387,700 Total Education
Taxable Values as of April 1
Tax Rates Applied to the April 1 Grand List
0.5084$
1.5506$
40,581,600$
1,094,200$
39,487,400$
40,581,600$
Municipal
Homestead‐ Education
Non Residential‐ Education
Total Education
1.6718$
Increase (Decrease) in Taxable Values (auto‐calculated)
List Special Municipal Tax Rates
‐$
‐$
‐$
‐$
‐$
‐$
‐$
5,193,900$
5,193,900$
Municipal
Homestead‐ Education
Non Residential‐ Education
Total Education
TIF Increment Revenue Retained for Reporting Year
19,804$
Non Residential‐ Education
Total Education 0.5084$
‐$ Total Special Municipal Tax
Total Municipal (General Fund)
& Special Rates
‐$
65,124$
Other TIF Fund Income
Education Municipal Total
5,193,900$
‐$
‐$ ‐$
‐$ ‐$
65,124$
84,928$
Municipal
Homestead‐ Education
Interest Earnings ‐$‐$
‐$ ‐$
‐$ ‐$
Total:‐$‐$ ‐$
1/8
1
2
3
4
5
III.
Public Vote Information. Check the appropriate box. Make sure to provide the date if information has been submitted to VEPC.
Yes there were public votes and/or debt obligations during this reporting period.
Vote and debt obligation documents were submitted to VEPC. (Enter date submitted)
Vote and debt obligation documents are uploaded with this report.
Term
in
Years
Interest
Rate
Terminated1 30 3.39%
11 5.60%
2
3 0 0.00%
Total
No
Interest Paid Yes, please provide details.
Fees/Other Costs Paid
Total Paid
Direct Payments: Enter the total amount of any TIF direct payments made
during this period.-$ Date Approved by Voters:
Changes to Individual Parcels
Describe Change
Now 32.94 Acres; absorbed 600-188-18109 (4.01 acres)
Now 5.85 Acres; absorbed 600-188-15168 (2.95 acres) and 600-188-17909 (.55 acres)
Now .94 acres; absorbed 600-188-11718 (.07 acres) and 600-188-11715 (.28 acres)
Now .53 acres; was.46 acres, due to lot line adjustment (w/600-188-16567) and resurvey
Now 2.22 acres; absorbed 600-188-14490 (.66 acres)
SPAN Number
600-188-14489
600-188-14202
600-188-11988
600-188-16566
600-188-14491
1/1/2016-12/31/2025Example: Main Street Lights - General Obligation
Bond
2017 TIF DEBT (Market St/CC Park)
New Debt:
3,750,000$ 500,000$
2,243,694$
Total Payment
for Reporting
Period
Additional Information
This year, the City, at the direction of PVR combined any adjacent land parcels (subdivided land) owned by a single entity into one tax parcel. Note that under
Parcel Information at the top of the report in the boxes for Current Acres and Current Parcels the total number of parcels includes non-taxable parcels. The
area of Right-of-way parcels are included in the total acreage, but these parcels are not in the number of parcel count (mirroring to the OTV). Please see
additional sheet with more changes to individual parcels.
Votes and Financing:
Debt Instruments
Remaining
Principal
Balance
TotalInterest
Existing Debt:
No public votes or debt obligations occurred during this reporting period.
11/8/2019
Principal
Period
(ie. 1/1/2016-
12/31/2026)
Infrastructure and Debt
The City incurred 14 million dollars in debt in FY 2019; a portion of the amount authorized under the 11/2019 TIF Debt Vote for 180 Market Street (Library, City
Hall, Senior Center). Information regarding this debt was provided to VEPC in case funds are programmed to be serviced by TIF increment. At this time, it is
anticipated that this debt will wholely be serviced by City funds and not TIF Funds.
8/2/2017-11/1/2037 5,000,000$
-$
-$
5,000,000$
-$ -$
3,250,000$
Refinancing. Was any portion of TIF District debt refinanced during this reporting
period?Annual Debt Service
Principal Paid -$
162,133$
-$
162,133$
Additional Information
-$
-$
2,243,694$
7,243,694$
-$
-$
7,243,694$
-$ -$
162,133$
340,909 2,950,000$
162,133$ 5,000,000$
5,000,000$
2/8
Changes to Individual Parcels; continued
SPAN NUMBER Describe Change
6 600‐188‐15587 Now .89 acres; absorbed 600‐188‐14477 (.43 acres)
7 600‐188‐14034 Now 1.24 acres; absorbed 600‐188‐13157 (.72 acres)
8 600‐188‐13753 Now 3.10 acres; absorbed 600‐188‐16123 (.86 acres); and 600‐188‐16124 (.62 acres)
9 600‐188‐14493 Now 1.26 acres; absorbed 600‐188‐14492 (.43 acres); and 600‐188‐14494 (.41 acres)
10 600‐188‐16567 Now .49 acres: was .60 acres, due to lotline adjustment w/600‐188‐16566 and resurvey
11 600‐188‐15452 Now .43 acres; absorbed 600‐188‐15464 (.26 acres)
12 600‐188‐16252 Now .4.45 acres; absorbed 600‐188‐14292 (.25 acres)
IV.
Senior Center (Added by Substantial Change October 2018)
‐$
155,716$
‐$
36,593$
1,074$
1,087,299$
‐$
3,173,255$
Some design work occurred during this year.
This project was under construction.
Funding voted on and city debt secured. Land acquisition agreements complete,
and design, engineering, and permit submittals near completion.298$ 750,844$
Not advanced in this fiscal year.
‐$ ‐$
1,074$
4
5
6 Williston Road Streetscape ‐ Build streetscape on Williston Road from Dorset Street to Hinesburg Road, north and south side to reduce
pedestrian/bicycle vehicular conflicts, reduce the number of access points, and make alternative mode facilities more comfortable and safe. In the
future, this roadway will serve as a gateway to City Center.
This project was in preliminary engineering and NEPA clearance.9,210$ 36,812$ 46,021$
7 Public Parking ‐ Build a public parking garage to serve parking needs in City Center.
Not advanced in this fiscal year.‐$ ‐$ ‐$
Garden Street ‐ Design, obtain right‐of‐way for and construct a street between Dorset Road at the Healthy Living access drive to Midas Drive,
reconstruct Midas Street as needed as a commercial street and reconstruct the White Street/Williston Road intersection so that it functions as a
standard cross intersection.
Market Street ‐ Reconstruct Market Street from Dorset Street to Hinesburg Road. Street will be reconstructed with a streetscape, utility infrastructure,
and street furniture.
4,260,554$
68,486$
1,269,791$ 4,365,325$ 5,635,115$
Check
Total
‐$ 68,486$
751,142$
Municipal Building ‐ Construct a downtown City Hall which includes City functions related to the City Manager's Office, City Clerk, Planning and Zoning,
and the Tax Assessor's Office.
Funding voted on and city debt secured. Land acquisition agreements complete,
and design, engineering, and permit submittals near completion.‐$ 280,128$ 280,128$
5,635,115$
10 Library ‐ Provide a downtown Public Library separate from the High School as an integral part of the community by providing informational resources
for educational and recreational needs of the community in an atmosphere that is welcoming and accessible to all, where communication of ideas,
enlightenment of its citizens and personal enrichment can occur.
12
Name of Improvement
‐$
‐$
192,309$
‐$
‐$
Stormwater and Wetland Mitigation ‐Consolidated stormwater control and quality treatment system including stream and wetland restoration and
mitigation.
City Center Park/Dumont Park ‐ Create a City Center park with entries and permeable and hardscape trails through the Dumont Park Property and
potentially Tributary 3 vicinity serving City Center. Improve stream as necessary to utilize area within the 100 ft. onservation zone, and provide bridge
crossings. Add landscaping and furniture to enhance and protect natural area and make park inviting.City Center Park (Dumont & Tributary 3) ‐ Develop
passive recreational infrastructure to build value into surrounding developments by providing adjacent greenery and natural area (woods and stream)
park infrastructure.
Central Urban Park ‐ Install a Central Green surrounded by Festival Streets on two sides of the Central Green that may be closed for events. Will include
walkways, pedestrian oriented lighting, landscaping, and possibly an open air structure such as for markets.
1
2
3
Phase I construction nearly complete.
Not advanced in this fiscal year. Private Sector likley to build stormwater ponds
independent of the City.
Funding voted on and city debt secured. Land acquisition agreements complete,
and design, engineering, and permit submittals near completion.
9
11 Recreation Center ‐ This center will provide an indoor multi‐generational recreation facility for the community and surrounding area. The center will
feature an indoor gymnasium, food prep, multi‐purpose activity space, class and meeting rooms, locker rooms, storage, offices and separate program
areas for preschool, teens, and senior citizens, and performance space.
Not advanced in this fiscal year.‐$
8
Improvements and Funding:
Improvement Expenditures
Total Improvement
Expenditure for this
report period
The amount paid with
Non‐TIF Revenues
The amount paid with
TIF Revenues
Of the Total Expenditure listed:
Pedestrian/Bicycle Bridge over I89 ‐ Design and build a pedestrian/bicycle bridge over I‐89 in the vicinity of Williston Road so that these alternative
modes are not crossing four accesses to I‐89 and traveling directly adjacent to traffic.
The City completed a cost‐benefit analysis, initiated the second phase of scoping
(in partnership with CCRPC), and submitted an application for BUILD funding.16,194$ 19,208$ 35,402$
3/8
Closed1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
6
V.
No Activity. GL 2018 Assessed Value Shown.
Recreation Impact Fee (City Special Fund) $ 123,364 $ 123,364
CCRPC ‐ Williston Road Streetscape (Federal, 2016) $ 100,000 $67,579 $‐
1,666,000$
3,678,400$
No activity. GL 2018 Assessed Value Shown.
Dorset Square Associates (Blue Mall) ‐ A portion of the Dorset Square Associates is available for redevelopment on Dorset Street.
Mary Street LLC (Russell Properties Only) ‐ 40,000 to 50,000 square feet to be developed as a hotel or residential housing.
‐$Total
Check ‐$
Performance Indicators:
Standard
Real Property Development
South Burlington City Center ‐ Approximately 800,000 square feet to be developed over 20 years. Conceptualized several years ago as
50% commercial, likely to be 75% residential, 25% commercial if built now. The 800,000 square feet may include 75,000 square feet of
institutional development (non‐taxable).
3,360,000$
Continues. Allard Square mixed affordable housing opened in winter 2018, Champlain Housing Trust affordable
housing project went under construction. Parcel has been subdivided into multiple lots. Garden Street was
realigned. Snyder‐Braverman submitted additional projects to the Development Review Board. Black Bay
Ventures developed 12 units adjacent to the existing townhomes GL 2018 Assessed Value Shown
1
Malone Properties (Trader Joes and Healthy Living) ‐ Malone Properties is obtaining permits to develop 12,800 square feet of retail for a
Trader Joes and 14,000 square feet for retail and office tenants to be determined. Should market demand in the area increase and
parking/stormwater be resolved there may be infill development.
6,575,300$
Project completed in prior years. GL 2018 Assessed Value Shown.2
3
4
‐$
‐$
‐$
‐$
‐$
‐$
‐$
‐$
‐$‐$
‐$
‐$
‐$
‐$
‐$
‐$
‐$
‐$
‐$
‐$
The amount paid with
Education RevenueList and describe the related cost(s)
Other Paper‐TIF vote question notice ‐ $126
Staple‐TIF vote education outreach material ‐ $271.80
RHR Smith and Company‐Annual TIF audit ‐ $4,000
Stowe Reporter/Other Paper‐Nov 2018 TIF Vote Warnings ‐ $820
$ 1,098,208
$‐ $ ‐ $‐
$ 7,022,214
$‐
$1,251
$ 3,142,681
$30,574
$ 4,365,325
$‐
$‐
$1,542
$ 4,529,064
$ 724,385
$52,661 $36,593 $83,497
The amount paid with
Municipal Revenue
Total Cost for this
report period.
Total
General Fund (all years)
Market Street Federal Grants (2010)
Roadway Impact Fees (City Special Fund)
$ 2,200,000
$1,542
$ 5,485,695
$ 724,385
$‐
Federal Aid‐Williston Road Streetscape $800,000
Non‐TIF Revenues Reported under Improvement Expenditures
Related Costs
$ 9,569,759
CCRPC ‐ Pedestrian Bicycle X‐ing over I‐89 Exit 14 (Federal, 2017) $51,276 $70,472 $19,208
$36,812
Municipal Debt Proceeds $ 1,399,847
Total Amount Spent
this Period
Reserve Fund (City Funded each year, established 2013)
$‐ $ ‐ $‐
$53,300
Federal Aid‐Iby Street City Center Park
Sources of Non‐TIF Revenues
Total Amount
Secured for
Each Source
Total Amount Spent
to Date
$ 4,365,325
$‐ $ ‐ $‐
$‐ $ ‐ $‐
4/8
111
212
313
414
515
Poon Trust LLC ‐ Approximately 60,000 square feet to be development as residential, with commercial on the ground floor should the
market support it.
Building was renovated to include four apartment units. GL 2018 Assessed Value Shown.
858,200$
33,864,000$ Total
Employment Opportunities
New Employees fulfilling the performance standard for the TiF District were reported in 2014. Allard Square added one full time person, and has
three part time staff that would make a full position. Three positions moved from another location in South Burlington to this location.
Additional Information
Blackbay Ventures developed on Market Street (previously 135 Hinesburg Road) and added 12 units. The total assessed value of the two
developments in the GL2018 was $2,211,400. Note that the full value of any units completed in FY19 will not be realized until the GL2019 or the
GL2020 depending upon if thier completion date falls before April 1 or after April 1.
Mandated
5
Various San Remo Drive Properties ‐ 120,000 square feet to be developed in multiple projects on non‐designated San Remo Drive
properties to meet existing business expansion needs or accommodate new businesses. Most would be 3,000‐4,000 SF, with one or two
full scale redevelopments on larger parcels such as owned by Champlain Oil, Champlain Farms or PC Construction.
No activity. GL 2018 Assessed Value shown for all properties (prior years has reflected some but not all
properties).15,075,700$
9
South Burlington School District ‐ There is sufficient land area on this site that an infill building of approximately 70,000 square feet could
be located on this property.
No activity. No value is attached to the property.
‐$
8
Chastenay Estates ‐ Approximately 100,000 square feet of residential development is likely to occur on this parcel.
Property was put on the market, but the owners declined all offers. GL 2018 Assessed Value Shown.
545,700$
7
Sonrise Partnership ‐ Approximately 66,000 square feet of infill apartment development.
No activity. GL 2018 Assessed Value Shown.
2,104,700$
6
Jobs
NAICS Code Increase or
(Decrease)Previous Location (if known) NAICS Code
Increase or
(Decrease)Previous Location (if known)
11 0 53 0
21 0 54 3 South Burlington
22 0 55 0
23 0 56 0
31‐33 0 61 0
5/8
616
717
818
919
10 20
111
212
313
414
515
616
717
818
919
10 20
Additional Information
Represents all project funding sources, not just TIF. Firms without an office in VT even with all VT employees on the project are excluded.
TIF District Specific
Transportation Enhancements
42 0 62 1 New
44‐45 0 71 0
48‐49 0 72 0
51 0 81 0 New
52 0 92 0
Total Jobs Increase (Decrease) 5
Identify Source/Method for Obtaining Jobs Information
Allard Square/verbal confirmation
Vermont Firms
Name of Vermont Firm Total amount of work
performed Name of Vermont Firm Total amount of work
performed
VHB ‐ 10% NH Office/90% VT Office 141,176$ The Johnson Company (now VHB)9,736$
J.A. McDonald 3,596,449$ BLANK
Vendituoli Limited 5,000$ Philip Godenschwager dba Atlantic
Art Glass 500$
Stantec (some payments via or from
CCRPC)36,476$ Engelberth Consruction 47,223$
Pawprint + Mail 2,902$
Staples 272$ SW Cole 5,000$
Landworks 6,134$ South Burlington Realty Co 11,756$
Total Amount of Work Performed 5,090,625$
SB Signs 175$ Stitzel Page & Fletcher 7,033$
All Seasons Excavating 186,000$ State of Vermont, Department of
Public Safety 145,562$
LightSpaceDesign 1,440$ Wiemann Lamphere Architects 882,102$
The Other Paper (now Stowe
Reporter)5,690$
6/8
No project was completed during this time period.
Business Development
Met expectations. The activity on the part of the City in the TIF District has attracted the interest of many businesses suitable for a downtown.
7/8
Housing Changes (optional)
Affordable Housing Market Rate Housing Total
New253055
Elminated 0
Additional Information
Housing numbers represent this units completed in FY 2019 only.
Net Total 25 0 55
8/8
Page 1 of 4
A RESOLUTION DESIGNATING NO PARKING AREAS ON PUBLIC ROADS AND HIGHWAYS IN THE
CITY OF SOUTH BURLINGTON
WHEREAS, Section 2(O) of the City of South Burlington Parking Ordinance authorizes the City
Council to designate by resolution any public road or highway, or portion thereof, where
parking of motor vehicles is prohibited.
NOW THEREFORE, BE IT RESOLVED, that parking of motor vehicles shall be prohibited in the
following locations:
1.Airport Circle, both sides.
2.Airport Drive, both sides, from Williston Road to White Street.
3.Airport Parkway, west side.
4.Airport Road, north side, from Airport Drive to Williston Road.
5.Barrett Street, east side, from O’Brien Drive extending south one hundred eighteen
(118) feet to the dead end of Barret Street, 8 AM to 3 PM, Monday through Friday.
6.Barrett Street, west side, from the dead end of Barrett Street extending north to a point
one hundred seventy-three (173) feet, 8 AM to 3 PM, Monday through Friday.
7.Brewer Parkway, both sides, from Shelburne Road to the island.
8.Brookwood Drive, south side, from Dorset Street to Sherry Road, and from Sherry Road
extending west approximately two hundred forty (240) feet to a point parallel to the
end of the sidewalk along the south side of Brookwood Drive.
9.Brookwood Drive, north side, from Dorset Street extending west approximately sixty-
three (63) feet to the westerly side of the entrance drive for 321 Dorset Street.
10.Central Avenue, west side, from Queen City Park Road to Red Rocks Park entrance, 8:00
AM to 8:00 PM, third Friday in June through the last Saturday in August.
11.Delaware Street, both sides, 1:00 AM to 7:00 AM.
12.Dorset Street, west side, from Williston Road to Swift Street.
13.Dorset Street, both sides, from the intersection of Grandview Drive south to a point on
Dorset Street five hundred fifty (550) feet south of the intersection of Dorset Street and
Swift Street.
Page 2 of 4
14. Dubois Drive, all sides of roadway and cul-de-sac lying easterly of #32 and #33 Dubois
Drive.
15. Dumont Avenue, both sides, from the intersection of White Street extending north six
hundred (600) feet, 1:00 AM to 7:00 AM.
16. Duval Street cul-de-sac, consisting of a 195’ circumference from the end of the curb line
on the south side of Duval Street to the end of the curb line on the north side of Duval
Street.
17. East Terrace, both sides, 6 AM to 6 PM, Monday through Friday, August 25 through May
31.
18. East Terrace, both sides, any time “No Parking” lights are illuminated. Posted as a “tow-
away” zone when the “No Parking” lights are illuminated.
19. Eastwood Drive, west side, from Joy Drive to a point two hundred five (205) feet south.
20. Eastwood Drive, west side, from Farrell Street to a point one hundred sixty (160) feet
north.
21. Elizabeth Street, south side, 1:00 AM to 7:00 AM.
22. Elizabeth Street, north side.
23. Farrell Street, east side, from Eastwood Drive to the I-189 overpass.
24. Grandview Drive, south side, from Dorset Street to Twin Oaks Drive.
25. Harbor View Road, both sides, from Shelburne Road to a point five hundred (500) feet
east.
26. Hayes Avenue, north side, from Timber Lane to a point one hundred sixty (160) feet
east.
27. Hayes Avenue, south side, from Timber Lane to a point two hundred fifteen (215) feet
east.
28. Holmes Road, both sides, from Shelburne Road extending west one thousand (1,000)
feet.
29. Imperial Drive, both sides.
30. Joy Drive, south side, from Eastwood Drive to a point five hundred (500) feet east.
Page 3 of 4
31.Laurel Hill Drive, both sides, from Shelburne Road, to a point three hundred (300) feet
east.
32.Ledoux Terrace, north side.
33.Ledoux Terrace, south side, 1:00 AM to 7:00 AM.
34.Maryland Street, both sides, from Delaware Street to the cul-de-sac, 1:00 AM to 7:00
AM.
35.Maryland Street, both sides, from Delaware Street to Airport Drive.
36.Patchen Road, west side.
37.Patrick Street, north side.
38.Patrick Street, south side, 1:00 AM to 7:00 AM.
39.Pavilion Avenue, both sides.
40.Pleasant Avenue, both sides.
41.Proctor Avenue, south side, from Shelburne Road to Meadow Road.
42.Proctor Avenue, both sides, from Meadow Road to the entrance of Rice High School.
43.San Remo Drive, north side, from southern intersection with Dorset Street extending
east a distance of approximately three hundred forty (340) feet to the point where San
Remo Drive makes a ninety (90) degree turn and proceeds north.
44.San Remo Drive, south side, from northern intersection with Dorset Street extending
east a distance of approximately three hundred sixteen (316) feet to the point where
San Remo Drive makes a ninety (90) degree turn and proceeds south.
45.Shaw Avenue, both sides.
46.Sherry Road, east side, from Brookwood Drive extending south approximately two
hundred ten (210) feet to the driveway for 8 Sherry Road.
47.Sherry Road, west side, from Brookwood Drive extending south approximately two
hundred fifteen (215) feet to the driveway for 15 Sherry Road.
48.Spear Street, both sides, from Main Street to Swift Street.
Page 4 of 4
49.Stonehedge Drive, both sides, from the intersection with Cedar Glen cul-de-sac south
one hundred thirty (130) feet to the entrance of the “I” units.
50.Swift Street, north side, from Dorset Street easterly two thousand, four hundred ninety-
one (2,491) feet.
51.Swift Street, south side, from Dorset Street easterly two hundred sixty-five (265) feet.
52.Valley Ridge Road, south side, from Patchen Road westerly sixty (60) feet.
53.Valley Ridge Road, north side, from Patchen Road westerly thirty (30) feet.
54.White Street, both sides.
BE IT FURTHER RESOLVED that signs indicating that parking is prohibited and that vehicles may
be towed away at the owner's expense shall be posted conspicuously at or near all areas where
parking is prohibited as set forth herein.
Dated this _____ day of January 2020.
SOUTH BURLINGTON CITY COUNCIL
_____________________________________ ___________________________________
Helen Riehle, Chair Tom Chittenden
_____________________________________ ____________________________________
Meaghan Emery, Vice-Chair Dave Kaufman
_____________________________________
Tim Barritt, Clerk
Page 1 of 4
A RESOLUTION DESIGNATING NO PARKING AREAS ON PUBLIC ROADS AND HIGHWAYS IN THE
CITY OF SOUTH BURLINGTON
WHEREAS, Section 2(O) of the City of South Burlington Parking Ordinance authorizes the City
Council to designate by resolution any public road or highway, or portion thereof, where
parking of motor vehicles is prohibited.
NOW THEREFORE, BE IT RESOLVED, that parking of motor vehicles shall be prohibited in the
following locations:
1.Airport Circle, both sides.
2.Airport Drive, both sides, from Williston Road to White Street.
3.Airport Parkway, west side.
4.Airport Road, north side, from Airport Drive to Williston Road.
5.Barrett Street, east side, from O’Brien Drive extending south one hundred eighteen
(118) feet to the dead end of Barret Street, 8 AM to 3 PM, Monday through Friday.
6.Barrett Street, west side, from the dead end of Barrett Street extending north to a point
one hundred seventy-three (173) feet, 8 AM to 3 PM, Monday through Friday.
7.Brewer Parkway, both sides, from Shelburne Road to the island.
8.Brookwood Drive, south side, from Dorset Street to Sherry Road, and from Sherry Road
extending west approximately two hundred forty (240) feet to a point parallel to the
end of the sidewalk along the south side of Brookwood Drive.
9.Brookwood Drive, north side, from Dorset Street extending west approximately sixty-
three (63) feet to the westerly side of the entrance drive for 321 Dorset Street.
10.Central Avenue, west side, from Queen City Park Road to Red Rocks Park entrance, 8:00
AM to 8:00 PM, third Friday in June through the last Saturday in August.
11.Delaware Street, both sides, 1:00 AM to 7:00 AM.
12.Dorset Street, west side, from Williston Road to Swift Street.
13.Dorset Street, both sides, from the intersection of Grandview Drive south to a point on
Dorset Street five hundred fifty (550) feet south of the intersection of Dorset Street and
Swift Street.
Page 2 of 4
14.Dubois Drive, all sides of roadway and cul-de-sac lying easterly of #32 and #33 Dubois
Drive.
15.Dumont Avenue, both sides, from the intersection of White Street extending north six
hundred (600) feet, 1:00 AM to 7:00 AM.
16.Duval Street cul-de-sac, consisting of a 195’ circumference from the end of the curb line
on the south side of Duval Street to the end of the curb line on the north side of Duval
Street.
17.East Terrace, both sides, 6 AM to 6 PM, Monday through Friday, August 25 through May
31.
18.East Terrace, both sides, any time “No Parking” lights are illuminated. Posted as a “tow-
away” zone when the “No Parking” lights are illuminated.
19.Eastwood Drive, west side, from Joy Drive to a point two hundred five (205) feet south.
20.Eastwood Drive, west side, from Farrell Street to a point one hundred sixty (160) feet
north.
21.Elizabeth Street, south side, 1:00 AM to 7:00 AM.
22.Elizabeth Street, north side.
23.Farrell Street, east side, from Eastwood Drive to the I-189 overpass.
24.Grandview Drive, south side, from Dorset Street to Twin Oaks Drive.
25.Harbor View Road, both sides, from Shelburne Road to a point five hundred (500) feet
east.
26.Hayes Avenue, north side, from Timber Lane to a point one hundred sixty (160) feet
east.
27.Hayes Avenue, south side, from Timber Lane to a point two hundred fifteen (215) feet
east.
28.Holmes Road, both sides, from Shelburne Road extending west one thousand (1,000)
feet.
29.Imperial Drive, both sides.
30.Joy Drive, south side, from Eastwood Drive to a point five hundred (500) feet east.
Page 3 of 4
31. Laurel Hill Drive, both sides, from Shelburne Road, to a point three hundred (300) feet
east.
32. Ledoux Terrace, north side.
33. Ledoux Terrace, south side, 1:00 AM to 7:00 AM.
34. Maryland Street, both sides, from Delaware Street to the cul-de-sac, 1:00 AM to 7:00
AM.
35. Maryland Street, both sides, from Delaware Street to Airport Drive.
36. Patchen Road, west side.
37. Patrick Street, north side.
38. Patrick Street, south side, 1:00 AM to 7:00 AM.
39. Pavilion Avenue, both sides.
40. Pleasant Avenue, both sides.
41. Proctor Avenue, south side, from Shelburne Road to Meadow Road.
42. Proctor Avenue, both sides, from Meadow Road to the entrance of Rice High School.
43. San Remo Drive, north side, from southern intersection with Dorset Street extending
east a distance of approximately three hundred forty (340) feet to the point where San
Remo Drive makes a ninety (90) degree turn and proceeds north.
44. San Remo Drive, south side, from northern intersection with Dorset Street extending
east a distance of approximately three hundred sixteen (316) feet to the point where
San Remo Drive makes a ninety (90) degree turn and proceeds south.
45. Shaw Avenue, both sides.
46. Sherry Road, east side, from Brookwood Drive extending south approximately two
hundred ten (210) feet to the driveway for 8 Sherry Road.
47. Sherry Road, west side, from Brookwood Drive extending south approximately two
hundred fifteen (215) feet to the driveway for 15 Sherry Road.
48. Spear Street, both sides, from Main Street to Swift Street.
Page 4 of 4
49.Stonehedge Drive, both sides, from the intersection with Cedar Glen cul-de-sac south
one hundred thirty (130) feet to the entrance of the “I” units.
50.Swift Street, north side, from Dorset Street easterly two thousand, four hundred ninety-
one (2,491) feet.
51.Swift Street, south side, from Dorset Street easterly two hundred sixty-five (265) feet.
52.Valley Ridge Road, south side, from Patchen Road westerly sixty (60) feet.
53.Valley Ridge Road, north side, from Patchen Road westerly thirty (30) feet.
54.White Street, southboth sides, from Patchen Road to Airport Drive.
55.White Street, north side, from Airport Drive west three hundred fifty (350) feet.
56.White Street, north side, from Airport Parkway east two hundred fifty (250) feet.
57.White Street, north side, from Airport Parkway west three hundred ninety (390) feet.
BE IT FURTHER RESOLVED that signs indicating that parking is prohibited and that vehicles may
be towed away at the owner's expense shall be posted conspicuously at or near all areas where
parking is prohibited as set forth herein.
Dated this _____ day of January 2020.
SOUTH BURLINGTON CITY COUNCIL
_____________________________________ ___________________________________
Helen Riehle, Chair Tom Chittenden
_____________________________________ ____________________________________
Meaghan Emery, Vice-Chair Dave Kaufman
_____________________________________
Tim Barritt, Clerk