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.

PledgeofAllegiance(6:156:16PM)

2.

Agenda Review: Additions,deletionsorchangesinorderofagendaitems.(6:166:18PM)

3.

Consider entering Executive Session to consult with legal counsel

concerningpendinglitigation(BurlingtonInternationalAirporttaxappeals).(6:186:35PM)

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.
(6:357:00PM)

5.

Public Hearing: November 8 ballot question

regardingincurringdebtandthepledgingoftheCityscreditormakingdirectpaymentsusingTIFDistrictfundsforthepurposeoffundingcapitalimprovementsand
costsrelatedtotheSouthBurlingtonCityCenterTIFDistrict.(7:007:20PM)

6.

***Discuss and consider approving the necessity resolution for the ballot question (proposed Article 1)
andwarningforaSpecialCityMeetingonNovember8,2016regardingauthorizationofupto$5,000,000toincurdebtandthepledgethecityscreditormakingdirect
payments using TIF District increment for the purpose of funding capital improvements (City Center Park Phase 1 and Market Street Reconstruction) and costs related
totheSouthBurlingtonCityCenterTIFDistrict.IlonaBlanchard (7:207:30pm)

7.

Commentsandquestionsfromthepublicnotrelatedtotheagenda.(7:307:40pm)

8.

AnnouncementsandCityManagersReport.(7:407:50PM)

9.

Consent Agenda: (7:507:52PM)

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.

UpdatefromLibraryBoardofTrustees(7:508:15PM)BonnieFinnigan,Chair

11.

Councilreviewofstreetlightpolicy(8:158:35PM)JustinRabidoux

12.

PreliminaryReviewofFY16BudgetYear(8:358:45PM)TomHubbard

13.

ReviewofCouncilworkplan(8:459:00PM)

14.

*** Consider convening as the South Burlington Liquor Control Board to consider the following applications:

15.

Bueno Y Sano (1st class),

Windjammer Restaurant (amend outside consumption)

Other Business: (9:059:10PM)

A.

16.

Items held from the Consent Agenda

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.
2.
3.
4.
5.
6.

Policy regarding landscaping City-owned land and request from Hadley Road.
Cost of development/cost of open space.
Airport noise survey.
Evaluate water billing and rate structure.
Citizen participation in democratic process.
Adoption of a building code

(9:009:05 PM)

Issues that have been discussed by the Council where further action is pending:
1.
2.
3.
4.
5.

East Terrace Neighborhood Forum and conversion of housing into rental units.
Street light policy.
Crosswalk issues generally and on Kennedy Drive and Williston Road.
Committee reorganization.
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
2016byClerkbase.NoClaimtoOriginalGovernmentWorks.

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
Citys 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:

575 Dorset Street

South Burlington, VT 05403

tel 802.846.4107

fax 802.846.4101 www.sburl.com

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.

8/17/2016 3040

Paid To

Memo

Date
Voucher Number Reference
8/2/2016 VI-14060
76408
8/17/2016 3041

Amount Paid
70.40
51,654.74

Voucher Total
51,654.74

Amount Paid
51,654.74
146,597.31

Voucher Total
588.57
146,008.74

Amount Paid
588.57
146,008.74

Voucher Total
210.38

Amount Paid
210.38

Voucher Total
759.46

Amount Paid
759.46

210.38

759.46

1,345.57
Voucher Total
1,331.95
13.62

Amount Paid
1,331.95
13.62
281,026.14

Voucher Total
281,026.14

Amount Paid
281,026.14

City Of South Burlington

Date
Voucher Number Reference
8/1/2016 VI-14053
JULY STORMWATER

8/17/2016 3050

Voucher Total
70.40

City Of South Burlington

Date
Voucher Number Reference
8/1/2016 VI-14052
JULY SEWER

8/17/2016 3049

70.40

Office Essentials
Date
Voucher Number Reference
7/25/2016 VI-14056
32981
8/8/2016 VI-14063
33023

8/17/2016 3048

Amount Paid
5,435.00

Green Mountain Flagging, LLC

Date
Voucher Number Reference
7/25/2016 VI-14058
19373

8/17/2016 3047

Voucher Total
5,435.00

Frank W. Whitcomb Construction

Date
Voucher Number Reference
7/20/2016 VI-14064
00671549

8/17/2016 3046

5,435.00

Champlain Water District

Date
Voucher Number Reference
7/31/2016 VI-14050
SBWD-309
7/31/2016 VI-14051
JULY

8/17/2016 3045

Amount Paid
234.75

Champlain Water District

Date
Voucher Number Reference
7/31/2016 VI-14059
SBWD-316

8/17/2016 3044

Voucher Total
234.75

Blackbay Ventures VIII LLC

Date
Voucher Number Reference
8/1/2016 VI-14057
REFUND

8/17/2016 3043

234.75

A.P. Certified Testing LLC

Date
Voucher Number Reference
7/21/2016 VI-14062
8765

8/17/2016 3042

Amount Paid

Aldrich & Elliott, PC

214,655.07
Voucher Total
214,655.07

Amount Paid
214,655.07

The Other Paper

Date
Voucher Number Reference
7/28/2016 VI-14054
6282
7/21/2016 VI-14055
6273

Printed: August 10, 2016

252.00
Voucher Total
126.00
126.00

Amount Paid
126.00
126.00

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 homeowners association to design and construct improvements to the neighborhoods
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 Citys 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
[email protected].