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Minutes - City Council - 07/21/2014 (2)
CITY COUNCIL 21 JULY 2014 The South Burlington City Council held a regular meeting on Monday, 21 July 2014, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: P. Mackenzie, Chair; H. Riehle, P. Nowak, C. Shaw, M. Emery ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; S. Dooley, A. Johnston, C. Sargent, J. Louisos, M. Beaudin, G. Beaudoin, T. McKenzie, D. Girard, G. Palumbo, T. Barritt, A. Roberts 1. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: Mr. Roberts: Expressed concern that illegal aliens may be coming to Vermont and asked the Council to contact the Governor's administration to say "we 90n't want any illegals here." He asked that this issue be put on a Council agenda. Ms. Johnston: Asked why Ms. Nowak met alone with Gene Richards. Ms. Nowak responded said that she spoke with him for about 15 minutes because she lives in the neighborhood and wanted an overview. She had been left out of other neighborhood meetings. Ms. Sargent: Asked why the Airport neighborhood isn't hearing about the planning grant. She noted how great it was that there were no F-16s flying this weekend and there was quiet. Ms. Johnston: Stressed that Mr. Roberts' opinion is not the opinion of everyone. 3. Announcements and City Manager's Report: Mr. Hubbard: The Pension Advisory Committee (PAC) will meet tomorrow. They will be looking at the RFP for actuarial services. Council members reported on meetings and events they had attended. 4. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 7 July and 14 July c. Correct prior notice of terms of two appointment to the Development Review Board (David Parsons and Jennifer Smith) d. Accept the resignations of Michelle Conner (Bicycle & Pedestrian Committee) and Susan DuCharme (Recreation & Leisure Arts Committee) Ms. Nowak moved to approve the Consent Agenda as presented. Ms. Riehle seconded. Motion passed unanimously. 5. Volunteer Committee, Board, and Commission Interviews: The Council interviewed the following people for appointment to city boards, committees and commissions: Marcel Beaudin -Planning Commission Sandra Dooley -Chittenden County Regional Planning Commission (alternate) Daniel Girard -Airport Commission Jessica Louisos -Planning Commission Pam Mackenzie -Chittenden County Regional Planning Commission (representative) Gene Palumbo -Airport Commission Chris Shaw -Chittenden County Regional Planning Commission (first alternate) 6. Consideration of Amendments to the Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and other shows; public hearing and second reading of draft and possible action to adopt amendment: Ms. Emery moved to open the public hearing. Ms. Riehle seconded. Motion passed unanimously. Public comment was solicited. None was forthcoming. Ms. Nowak moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. Ms. Riehle moved to adopt the Amendments to the Ordinance Regarding Licensure and Regulations of circuses, Carnivals and other shows as presented. Ms. Nowak seconded. Motion passed unanimously. 7. General Discussion of City Center TIF District Proposal from Saxon Partners: Ms. Mackenzie noted she had talked with the Superintendent of Schools and Chair of the School Board about the steps they are taking (e.g., an appraisal of the property). Mr. Dorn said the city was well into the visioning of the partnership with the schools when the Saxon proposal came in. There will be consultant on board next week. Mr. Dorn noted that a lot of this discussion relates to the CIP for the city and the visioning process for the schools. One aim is to keep up with who is going into and coming out of debt. Ms. Mackenzie said it behooves everyone to be very respectful of those who want to invest in the community as they feel it is a community worth investing in. There will be discussions about educational funding statewide, and Ms. Mackenzie said if there is talk of consolidation outside of South Burlington, that discussion should also happen in South Burlington. Mr. Dorn stressed that tonight's discussion is just general and is not warned as an action item. It is to give advice and guidance to the staff. He then said it is an exciting concept that 20% of City Center would be built in this project with a huge chunk of housing near services and transportation. He added that the volume and pace of discussions have increased significantly since the Saxon presentation. Ms. Riehle questioned where the School Board is with regard to new schools, moving schools, consolidation, etc. She said this issue is clearly related to new debt and added that with the noise issues at Chamberlin, that may not be the best place to send more children. Ms. Mackenzie said this is a clean slate and the opportunity to work with the community to do something special for students. Ms. Nowak said she has heard interesting comments, none of the negative. People wanted a vision of Market Street beyond this project. The public is asking "what else?" Specifically where is a City Hall and Recreation Center that were part of a previous study. People also felt the proposed development would help others in the area, specifically University Mall. Ms. Riehle felt it was good that the school district was willing to look at this. Ms. Emery said the proposal has caused a lot of excitement. She asked if Phase 2 can happen without Phase 1. Mr. Beaudoin of Saxon Partners said he had seen no negative comments from Front Porch Forum or from the information on the websites. He noted there was a lot of discussion regarding the need for an anchor to make City Center work. At present, the code does not allow an anchor. He then cited failures of other developments where there was no anchor; small stores remain unoccupied below the residential units on upper floors. Mr. Beaudoin noted that the proposed project has only a small portion on Williston Rd. and Garden Street, and those are the only streets covered by Form Based Codes. He added that the only access to Central School would be on Midas Road. Ms. Emery said she always felt there would be an anchor store but questioned why 3 are needed. Mr. Beaudoin said that they are leaning toward are all upscale tenants, which will help with apartment rentals. They are not very large anchors (100,000 sq. ft.), more like "junior anchors." They would make the stores on Market Street more viable. Ms. Emery said she would like to see more families in the area. Ms. louisos noted that in this section, the only thing allowed on the first floor is commercial use. Upper floors can have residential. Mr. Mckenzie added thatthis is a T-S district which doesn't lend itself to families. Mr. Shaw felt the library is very attractive, but he didn't see a "town green" (although this could be made up for by the library). He saw the need for the scale of parking that is proposed as the development will attract people from the rest of Vermont and places like Plattsburgh. He did not want to abandon the idea of a community center in this process. Mr. Shaw also noted that closing Central School is not a new idea; it was talked about as far back as 1987. Mr. Beaudoin noted they are in a very long term contract with South Burlington Realty. He suggested the city look at City Center and where a town green might be located. Council members were OK with continuing to do due diligence with the School Board. Ms. louisos felt it was exciting to see a proposal and it was good to keep the bigger picture in mind. The library would be a good draw to get people to the area. She also felt the city should look at its need for additional property. Mr. Mckenzie said there should be consideration given to the safety of the•school as City Center is built out. He reminded people that there is a 10‐year deal to give the school access across South Burlington Realty property for safety reasons. The school district also proposed a list of uses in City Center that should be prohibited because of the school's presence. He stressed the city is considering a lot of urban activity in the area of an elementary school. Mr. Beaudoin noted that the school district had asked for T-4 zoning. Saxon Partners is asking for that to be changed to T-S. 8. Discuss and Develop Plan for Second Round of Committee, Board and Commission Appointments: Ms. Mackenzie reminded the Council that appointments to other committees have been held in abeyance because of the proposed new committee structure. She suggested the Council move forward with the understanding that appointment terms may be shortened if there is a new structure. Ms. Mackenzie also informed the Council that the Energy Committee feels they have a lot to do and they would not mind if there were not represented on the Underwood Property Task Force. Members were OK with appointing another member of the public to the Task Force. 9. Liquor Control Board: Ms. Riehle moved that the Council convene as Liquor Control Board. Mr. Shaw seconded. Motion passed unanimously. Members considered the following applications: Monkey Hospitality, LLC -cater party on 1 August 2014 McKee Enterprises -cater wedding on 8 and 9 August 2014 Ms. Emery moved to approve the applications of Monkey Hospitality, LLC, and McKee Enterprises as presented. Ms. Riehle seconded. Motion passed unanimously. Ms. Riehle moved to reconvene as City Council. Ms. Emery seconded. Motion passed unanimously. 10. Other Business: Re: Request of Allan Roberts: Ms. Mackenzie said the Council could hold a special meeting if the need arises. She said her guess is that the' Governor is working through United Way. She also advised that there is federal funding involved. Mr. Dorn said he would try to find out what is happening at the state level. Re: Update on Planning Grant: Ms. Mackenzie suggested putting this on the agenda for the second meeting in August. Members agreed. 11. Executive Session: Ms. Riehle moved that the Council meet in executive session to discuss appointments to volunteer committees, commissions and boards and to resume regular session only for the purpose of making such appointments and/or adjourning. Ms. Nowak seconded. Motion passed unanimously. The Council entered executive session at 9:50 p.m. 12. Take Action on public appointments to volunteer committees, boards and commissions: The Council came out of executive session at 10:34 p.m. Ms. Emery moved to make the following appointments: CCTA -Steve Magowan, representative; Jackie Weinstock, Alternate · City Charter Committee -Agnes Clift · Design Review Committee -Marcel Beaudin and Sheema Fahim · Development Review Board -Mark Behr (3 year term) and John Wilking (4 year term) · Library Board of Trustees -Bonnie Finnigan, Mark Coel, Jake Jurmain · Pension Advisory Committee -Spencer Baker · Planning Commission -Jessica Louisos · Chittenden County Regional Planning Commission -Pam Mackenzie, representative; Chris Shaw, first alternate; Sandra Dooley, second alternate. Ms. Riehle seconded the motion which was then passed unanimously. The Council decided that they would appoint a member of Council to be the South Burlington representative to the BTV Airport Commission. The Council sited the need to improve communications between BTV and the City of South Burlington, particularly given the upcoming joint planning project focused on the noise abatement properties purchased by the airport. Council members interested in serving as the appointee must complete an application and go through the same interview process as applicants for other Council appointments. As there was no further business to come before the Council, Ms. Emery moved to adjourn. Ms. Riehle seconded. Motion passed unanimously, and the meeting was adjourned at 10:36 p.m. , Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 07/22/14 Date Check No. Paid To Memo Amount Paid 7/22/2014 2586 Burlington Communications 44.00 Date Voucher Number Reference Voucher Total Amount Paid 6/24/2014 VI-13423 20141020 44.00 44.00 7/22/2014 2587 Champlain Water District 42,661.26 Date Voucher Number Reference Voucher Total Amount Paid 6/30/2014 VI-13420 SBWD-290 42,661.26 42,661.26 7/22/2014 2588 Champlain Water District 108,504.78 Date Voucher Number Reference Voucher Total Amount Paid 6/30/2014 VI-13419 SBWD-282 37.53 37.53 6/30/2014 VI-13421 JUNE CONSUMPTION 108,467.25 108,467.25 7/22/2014 2589 JPW Assocaties, Inc. 50.00 Date Voucher Number Reference Voucher Total Amount Paid 7/8/2014 VI-13425 25221 50.00 50.00 7/22/2014 2590 Office Essentials 1,803.74 Date Voucher Number Reference Voucher Total Amount Paid 7/6/2014 VI-13422 30236 59.90 59.90 7/7/2014 VI-13424 30249 1,743.84 1,743.84 7/22/2014 2591 Kim Swain 6.14 Date Voucher Number Reference Voucher Total Amount Paid 7/14/2014 VI-13426 REFUND 6.14 6.14 Total Amount Paid: 153,069.92 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: July 18, 2014 Page 1 of 1 CITY COUNCIL 7 JULY 2014 The South Burlington City Council held a regular meeting on Monday, 7 July 2014, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: P. Mackenzie, Chair; H. Riehle, P. Nowak, C Shaw ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; J. Rabidoux, Public Works Director; I. Blanchard, Project Manager; Rep. H. Head; Simoneau, S. Fakim, S. Luca, C. Remmel, P. Clemins, J. Makrides, M. Hirsch, R. Betz, M. Behr, B. Cimonetti, J. Calcagni, S. Clark, M. Favreau, F. Mason, H. Damm, J. Jurmain, S. Baker, B. Bull, A. Clift, J. Wilking, B. Finnigan, J. Weinstock, M. Kenny, M. Coel 1. Agenda Review: Additions, deletions, or changes in order of agenda items: Ms. Riehle asked to remove item #C from the Consent Agenda and to vote on it separately. 2. Comments & Questions from the Audience, not related to agenda items: Mr. Calcagni: Asked about the bike path being extended down Dorset St. He noted some people have no access to it now and it is dangerous for them to be out pushing baby strollers, etc., on Dorset St. He added that residents were told the money is “tied up in City Center.” Ms. Mackenzie said she would like to see a list of priorities form the Rec Path Committee. Mr. Dorn invited Mr. Calcagni to come in and look at the current plan and work through the Rec Path Committee. 3. Announcements and City Manager’s Report: Mr. Dorn: a. Mr. Rabidoux has advised that the contractor for Laurel Hill road work is required to be on site on 21 July. The consultant has said a 3‐way stop is not justified, but other traffic calming might be useful. b. The annual review of Department Heads is underway. c. The city is trying to “jump start” Garden Street planning. d. City and town managers from the area (including Milton, Williston, Colchester, Burlington and South Burlington) are meeting regarding property tax and spending reform. There will be a major conference with city/town managers, City Councils, aldermen, etc. on 14 August. e. Louise Murphy retired on 1 July. Cathy Blakeman is Acting Library Director. CITY COUNCIL, 7 JU8LY 2014, PAGE 2 f. The Chittenden Country Regional Planning Commission has approved a planning grant of $100,000 for South Burlington’s planning for the Chamberlin/Airport area. Mr. Dorn praised the efforts of Paul Conner in securing this grant. g. A meeting was held with Fletcher‐Allen people regarding their plans for the future. Members of the Council then reported on meetings and events they had attended. 4. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 10 June 2014 Special Session and 16 June Regular Session c. Removed d. Entertainment permits: Magic hat (22 July and 9 September) Infinity Brewing (9 events) e. Special Event: Shelburne Vineyard (29 August 2014) WhistlePig Whiskey (11 July 2014) f. Catering: Bevo @ Airport (19 August 2014) Ms. Riehle moved to approve the consent agenda as amended. Mr. Shaw seconded. Motion passed unanimously. 5. Presentation from Residents in Support of South Burlington Rental Housing Registry Proposal: Ms. Dooley said this effort is a result of owner‐occupied homes being converted to rentals taking away housing from families. In some circumstances, city rules are being violated (more than 4 non‐related people in one residence), and there are often issues of upkeep, parking on lawns, etc. The neighbors propose that the city create a task force to look into the creation of a Rental Housing Registry. Mr. Clemins then reviewed the results of a survey he had conducted via 9 Front Porch Forum neighborhoods. 109 responses were received. People had strong feelings both ways. Of the 8 rental property owners who responded, 4 were opposed and 3 were undecided. Ms. Dooley said she would be happy to help frame a charge. Mr. Shaw saw no harm in looking into it. Ms. Riehle felt it was important to do. Ms. Nowak had no issue with the task force but questioned what mandates might come out of it and the legal issues and question of enforcement. CITY COUNCIL, 7 JULY 2014, PAGE 3 Members were OK with residents come back with a proposed charge to a task force. 5b. Award of Paving Contract: Mr. Rabidoux said the contract time is 21 July through 31 October, but the bids would hold for a whole year if any money is left over. With a decision tonight, work would start on 21 July. He said the bids were very close, and the recommendation is to go with Engineers Construction Company (formerly A. C. Paving) at a cost of $437,972.20. Ms. Riehle moved to award the FY15 paving contract to Engineers Construction Company in the amount of $437,972.20, and to authorize the City Manager to sign the contracts. Ms. Nowak seconded. Motion passed unanimously. 6. Volunteer Committees, Board and Commission interviews: The City Council interviewed the following candidates for city boards, commissions, and committees: a. Mark Behr – Development Review Board b. Jacob Jurmain – Library Board of Trustees c. Spencer Baker – Pension Advisory Committee d. John Wilking – Development Review Board e. Bonnie Finnigan – Library Board of Trustees f. Carl Remmel – Airport Commission g. Michele Hirsch – CCTA Representative h. Jackie Weinstock: CCTA Alternate or Library Board of Trustees i. Paul Hart – Airport Commission j. Martin Kenny – Library Board of Trustees k. Mark Coel – Library Board of Trustees l. Bill Cimonetti – Airport Commission m. Agnes Clift – City Charter Committee n. Shima Fakim – Development Review Board, Planning Commission or Design Review Committee Ms. Mackenzie advised that a decision would not be made at this meeting as there were still more candidates to interview. 7. Draft Capital Improvement Program FY15‐24 Public Hearing: CITY COUNCIL, 7 JULY 2014, PAGE 4 Ms. Blanchard reviewed the nature of the Capital Improvement Program (CIP) and the history of the current CIP. She noted that this CIP takes into account the input and recommendations of department heads, community members, etc. Projects are laid out according to priorities and include: roadways, vehicles, City Center development, sidewalks, rec paths, etc. Come of these projects are eligible for impact fees. Some also include revenues from the General Fund. Ms. Blanchard noted there could be new proposals for impact fees in the future. Ms. Blanchard stressed that “banking” money for future projects helps avoid paying interest on loans. Ms. Nowak then moved to open the public hearing. Ms. Riehle seconded. Motion passed unanimously. Ms. Dooley encouraged the Council to approve the Resolution. There was no further public input. Ms. Nowak moved to close the public hearing. Ms. Riehle seconded. Motion passed unanimously. 8. Consider approval of Resolution to Amend the Capital Improvement Program FY15‐24: Ms. Riehle moved to approve the Resolution to amend the Capital Improvement Program FY15‐ 24, as presented. Ms. Nowak seconded. Motion passed unanimously. Mr. Dorn thanked Ms. Blanchard for the significant work done in this endeavor. 9. Liquor Control Board: Ms. Riehle moved that the Council meet as Liquor Control Board. Ms. Nowak seconded. Motion passed unanimously. The following liquor licenses were presented for consideration: Quarry Hill Club – First Class License/Outdoor Consumption Cheese Traders – Corporate Name Change/2nd Class License No issues were raised. CITY COUNCIL, 7 JULY 2014, PAGE 5 Ms. Riehel moved to approve the first Class License/Outdoor Consumption for Quarry Hill Club and the Corporate Name Change/2nd Class License for Cheese Traders as presented. Mr. Shaw seconded. Motion passed unanimously. Ms. Riehle moved to reconvene as City Council. Ms. Nowak seconded. Motion passed unanimously. 10. Other Business: No other business was conducted. As there was no further business to come before the Council, Ms. Nowak moved to adjourn. Ms. Riehle seconded. Motion passed unanimously, and the meeting was adjourned at 10:05 p.m. ___________________________________, Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council and City Manager FROM: Jim Barlow, City Attorney SUBJECT: Public Hearing on South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows DATE: July 18, 2014 Background At the May 19, 2014 meeting, the City Council discussed giving the City Manager authority to issue entertainment permits under the South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows (the “Entertainment Ordinance”). At its June 16, 2014 meeting, the City Council had its first reading on amendments to the Entertainment Ordinance and passed a motion to hold a public hearing on Monday July 21, 2014, 7 pm, at City Hall. The Ordinance The Entertainment Ordinance requires a license from the City Council for any circus, carnival, menagerie, street show, itinerant show, or for any form of live entertainment or performance open to the public, such as concerts, plays, dances with live music or a disc jockey, dance reviews, clowns, magician, or comedians. The ordinance sets forth certain standards for license approval and authorizes the imposition of conditions to mitigate impacts under these approval standards. Entertainment licenses expire April 30th of each year unless the license has an earlier expiration date or unless the license has been revoked by the City Council after a hearing. The cost of a license is $25.00. Fines for violation of the Entertainment Ordinance range from $50 to $500. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Proposed Amendments Staff proposes the following amendments to the Entertainment Ordinance: Granting the City Manager authority to grant licenses. See Sections 2(a) and (b), Section 4, and Section 5. Updating reference to South Burlington Land Development Regulations. See Section 4(a). Clarifying that a person who violates a condition of an entertainment license will be subject to a penalty. See Section 8. Increasing the wavier fees and penalties to reflect current statutory maximums for civil ordinance violations. See Sections 8, 9 and 10. Updating reference to the Vermont Judicial Bureau. See Sections 8 and 11. Including a standard severability clause. See Section 13. In order to avoid the existence of multiple amendments to the Entertainment Ordinance, repealing and replacing the existing Entertainment Ordinance in its entirety. Existing licenses granted by the City Council will remain in effect until April 30, 2015 or an earlier expiration date or the license is revoked by the City Council under Section 2(c). See Section 14. Recommendation If the Council wishes to adopt the Entertainment Ordinance amendments, it may do so at this meeting. Should the Council wish to make any additional changes to the Ordinance, it must warn a new hearing. Possible motion: “I move the City Council adopt the proposed amendments to the Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows as presented.” 1 AMENDMENT OF SOUTH BURLINGTON ORDINANCE REGARDING LICENSURE AND REGULATION OF CIRCUSES, CARNIVALS AND OTHER SHOWS The Council of the City of South Burlington hereby ordains: SECTION 1. Definitions “Show” as used herein shall mean any circus, carnival, menagerie, street show or itinerant show. “Show” shall also mean any form of live entertainment or performance open to the public such as, but not limited to, concerts, plays, dances with live music or a disc jockey, dance reviews, clowns, magicians, or comedians. SECTION 2. Regulation of Shows (a) No show shall be conducted in the City of South Burlington unless a license has been obtained from the City Council Manager, nor shall any show be conducted in violation of the provisions of this Ordinance. (b) A license issued under this Ordinance shall be effective on issuance and shall remain in effect until midnight on the next occurring April 30th unless the City Council Manager provides for expiration on an earlier date. A license which expires on April 30 shall remain in effect beyond April 30 if the holder of the license applies for a new license before April 30 and the application for new license is pending before the City Council on April 30. (c) Any license issued under this Ordinance may be revoked by the City Council, for just cause, after notice to the license holder and provision of an opportunity for a hearing before the City Council. SECTION 3. Application for License (a) An application for a license under the provisions of this Ordinance shall be filed with the City Manager at least twenty‐one (21) days before the date set for the opening of the show. (b) Such application shall include: (1) The name of the owner and operator. 2 (2) A site plan indicating: location, and distance from the nearest residences, fire hydrants, state and local highways, overhead electrical and telephone wires, entrances and exits to shopping centers and other public places. (3) The intended hours of operation, and the number of days that the show will be conducted. (4) Description of the show, including a list of each item of proposed exhibit or entertainment. (5) Any other information required by the City Council or the City Manager. SECTION 4. Approval Standards Prior to the issuance of any license under this ordinance, the City Council Manager shall determine that the proposed show satisfies the following standards: (a) The proposed show is in conformance with any applicable City ordinances including the South Burlington Zoning Regulations and Subdivision Regulations Land Development Regulations; (b) The proposed show will not result in undue adverse traffic congestion and unsafe conditions regarding the use of public roads. (c) The proposed show will not present or create a threat to the safety of persons or property because of fire, explosion or other hazard. (d) The proposed show will not create unhealthy conditions regarding water supply, sewage disposal or solid waste disposal. (e) The proposed show will not interfere with the use of neighboring property for its customary use by the creation of noise, dust, noxious odors, lighting or other activities which extend beyond the boundary of the activity. (f) The proposed show will not overburden the public infrastructure of the City. Special attention shall be given to the cumulative impacts of other activities which may be occurring at the same time. (g) The proposed show will not have an adverse effect on public health, safety, welfare and convenience of the inhabitants of the City. 3 SECTION 5. Approval Conditions When issuing a license under this ordinance, the City Council Manager may attach such reasonable conditions as they Manager may deem appropriate to mitigate or eliminate any impacts reviewable under the Approval Standards set forth above. Such conditions may include but are not limited to: (a) establishing specific hours for the proposed show; (b) establishing noise limits; (c) requiring the provision of traffic control personnel at no cost to the City; (d) requiring the provision of crowd control and medical personnel at no cost to the city; (e) requiring the provision of fire fighting equipment and personnel at no cost to the city; (f) requiring the posting of security bonds or escrow accounts to ensure compliance with applicable ordinances and license conditions; (g) requiring that trash and litter on public streets attributable to the proposed activity be collected and removed at no cost to the city; (h) restricting or prohibiting the consumption of alcoholic beverages in connection with any regulated activity; (i) prohibiting the sale of admission or seating tickets in excess of the established capacity of the event area. SECTION 6. License Fee The fee for any license shall be $25.00 which shall be paid at the time of filing the application. SECTION 7. Exemptions 4 Activities conducted by schools licensed by the State Department of Education and/or churches, on school or church grounds, are exempt from the requirement to obtain a license and pay a permit fee. SECTION 8. Enforcement Any person who violates a provision of this civil ordinance or who violates any condition of a license issued hereunder shall be subject to a civil penalty of up to $5800 per day for each day that such violation continues. Police Officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Traffic and Municipal Ordinance Judicial Bureau a municipal complaint. SECTION 9. Waiver Fee An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $50100 Second offense $125250 Third offense $200400 Fourth offense $275550 Fifth and subsequent Offenses $350700 Offenses shall be counted on a calendar year basis. SECTION 10. Civil Penalties An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $100160 Second offense $200320 Third offense $300480 Fourth offense $400640 Fifth and subsequent Offenses $500800 5 Offenses shall be counted on a calendar year basis. SECTION 11. Other Relief In addition to the enforcement procedures available before the Traffic and Municipal Ordinance Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, to request revocation of a license by the City Council, or to pursue any other remedy authorized by law. Section 12. Authority This ordinance is enacted by the City Council to promote the public health, safety and welfare of the City under the authority it is granted to regulate public entertainment activities set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Section 13. Severability Any part or provision of this ordinance shall be considered severable and the invalidity of any part or section will not be held to invalidate any other part or provision of the ordinance. Section 14. Repeal of Prior Ordinances, Existing Licenses This ordinance repeals and replaces any prior Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows, and any amendment thereto, in force at the time this ordinance takes effect. However, any existing license issued by the City Council under the Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows repealed hereby, shall remain in force and effect until April 30, 2015, unless the City Council has provided for expiration of the license on an earlier date under Section 2(b) or unless said license is revoked by the City Council under Section 2(c). Adopted at South Burlington, Vermont this _______ day of _______________, 1995 2014, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL __________________________________ Michael D. Flaherty Pam Mackenzie, Chair __________________________________ 6 James C. Condos Pat Nowak, Vice Chair __________________________________ William J. Cimonetti Meaghan Emery, Clerk __________________________________ Robert B. Chittenden Chris Shaw __________________________________ David MacLaughlin Helen Riehle Received and Recorded This ______ day of _____________, 1995 2014. ________________________________ Margaret Picard Donna Kinville, City Clerk 1 SOUTH BURLINGTON ORDINANCE REGARDING LICENSURE AND REGULATION OF CIRCUSES, CARNIVALS AND OTHER SHOWS The Council of the City of South Burlington hereby ordains: SECTION 1. Definitions “Show” as used herein shall mean any circus, carnival, menagerie, street show or itinerant show. “Show” shall also mean any form of live entertainment or performance open to the public such as, but not limited to, concerts, plays, dances with live music or a disc jockey, dance reviews, clowns, magicians, or comedians. SECTION 2. Regulation of Shows (a) No show shall be conducted in the City of South Burlington unless a license has been obtained from the City Manager, nor shall any show be conducted in violation of the provisions of this Ordinance. (b) A license issued under this Ordinance shall be effective on issuance and shall remain in effect until midnight on the next occurring April 30th unless the City Manager provides for expiration on an earlier date. A license which expires on April 30 shall remain in effect beyond April 30 if the holder of the license applies for a new license before April 30 and the application for new license is pending before the City Council on April 30. (c) Any license issued under this Ordinance may be revoked by the City Council, for just cause, after notice to the license holder and provision of an opportunity for a hearing before the City Council. SECTION 3. Application for License (a) An application for a license under the provisions of this Ordinance shall be filed with the City Manager at least twenty‐one (21) days before the date set for the opening of the show. (b) Such application shall include: (1) The name of the owner and operator. (2) A site plan indicating: location, and distance from the nearest residences, fire hydrants, state and local highways, overhead electrical and telephone wires, entrances and exits to shopping centers and other public places. 2 (3) The intended hours of operation, and the number of days that the show will be conducted. (4) Description of the show, including a list of each item of proposed exhibit or entertainment. (5) Any other information required by the City Council or the City Manager. SECTION 4. Approval Standards Prior to the issuance of any license under this ordinance, the City Manager shall determine that the proposed show satisfies the following standards: (a) The proposed show is in conformance with any applicable City ordinances including the South Burlington Land Development Regulations; (b) The proposed show will not result in undue adverse traffic congestion and unsafe conditions regarding the use of public roads. (c) The proposed show will not present or create a threat to the safety of persons or property because of fire, explosion or other hazard. (d) The proposed show will not create unhealthy conditions regarding water supply, sewage disposal or solid waste disposal. (e) The proposed show will not interfere with the use of neighboring property for its customary use by the creation of noise, dust, noxious odors, lighting or other activities which extend beyond the boundary of the activity. (f) The proposed show will not overburden the public infrastructure of the City. Special attention shall be given to the cumulative impacts of other activities which may be occurring at the same time. (g) The proposed show will not have an adverse effect on public health, safety, welfare and convenience of the inhabitants of the City. 3 SECTION 5. Approval Conditions When issuing a license under this ordinance, the City Manager may attach such reasonable conditions as the Manager may deem appropriate to mitigate or eliminate any impacts reviewable under the Approval Standards set forth above. Such conditions may include but are not limited to: (a) establishing specific hours for the proposed show; (b) establishing noise limits; (c) requiring the provision of traffic control personnel at no cost to the City; (d) requiring the provision of crowd control and medical personnel at no cost to the city; (e) requiring the provision of fire fighting equipment and personnel at no cost to the city; (f) requiring the posting of security bonds or escrow accounts to ensure compliance with applicable ordinances and license conditions; (g) requiring that trash and litter on public streets attributable to the proposed activity be collected and removed at no cost to the city; (h) restricting or prohibiting the consumption of alcoholic beverages in connection with any regulated activity; (i) prohibiting the sale of admission or seating tickets in excess of the established capacity of the event area. SECTION 6. License Fee The fee for any license shall be $25.00 which shall be paid at the time of filing the application. SECTION 7. Exemptions Activities conducted by schools licensed by the State Department of Education and/or churches, on school or church grounds, are exempt from the requirement to obtain a license and pay a permit fee. 4 SECTION 8. Enforcement Any person who violates a provision of this civil ordinance or who violates any condition of a license issued hereunder shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Police Officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint. SECTION 9. Waiver Fee An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 Offenses shall be counted on a calendar year basis. SECTION 10. Civil Penalties An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 Offenses shall be counted on a calendar year basis. SECTION 11. Other Relief In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate 5 relief, to request revocation of a license by the City Council, or to pursue any other remedy authorized by law. Section 12. Authority This ordinance is enacted by the City Council to promote the public health, safety and welfare of the City under the authority it is granted to regulate public entertainment activities set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Section 13. Severability Any part or provision of this ordinance shall be considered severable and the invalidity of any part or section will not be held to invalidate any other part or provision of the ordinance. Section 14. Repeal of Prior Ordinances, Existing Licenses This ordinance repeals and replaces any prior Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows, and any amendment thereto, in force at the time this ordinance takes effect. However, any existing license issued by the City Council under the Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows repealed hereby, shall remain in force and effect until April 30, 2015, unless the City Council has provided for expiration of the license on an earlier date under Section 2(b) or unless said license is revoked by the City Council under Section 2(c). Adopted at South Burlington, Vermont this _______ day of _______________, 2014, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pam Mackenzie, Chair Chris Shaw __________________________________ ______________________________ Pat Nowak, Vice Chair Helen Riehle Received and recorded this __________________________________ this ______ day of ________, 2014. Meaghan Emery, Clerk ______________________________ Donna Kinville, City Clerk