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Agenda - City Council - 02/04/2019
AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Monday, February 4, 2019 1. Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions on exiting building in case of emergency. Kevin Dorn (6:31 – 6:32 PM) 3. Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:33 PM) 4. Comments and questions from the public not related to the agenda. (6:33 – 6:43 PM) 5. Announcements and City Manager’s Report. (6:43 – 6:58 PM) 6. Consent Agenda: (6:58 – 7:00 PM) A. *** Consider and Sign Disbursements B. *** Approve minutes January 14th & 22nd C. *** Approve the form of the documents related to the issuance of $14 Million general obligation bond for voter-approved improvements at 180 Market Street, as presented, subject to the insertion by the Manager, on advice and consent of legal counsel, of dates or other data related to the transactions as the same becomes known, to adopt the same, and to authorize execution and delivery thereof when complete subject to the City’s receipt of the proceeds from the sale of its bond. 7. ***Update and report from the Dog Park Committee to include recommendation for amendment to Conduct in Parks Ordinance and possible first reading. (7:00 – 7:20 PM) 8. ***TIF District Annual Report – Ilona Blanchard (7:20 – 7:30 PM) 9. Convene Public Hearing to receive comments related to proposed charter amendments to be presented to South Burlington voters for consideration during the City’s Annual Meeting scheduled for Tuesday, March 5, 2019. (7:30 – 7:50 PM) 10. Overview of public survey taken from voters at the general election polls on November 6, 2018 – Professor Vince Bolduc (7:50 – 8:50 PM) 11. ***Ordinance Amendment(s): Amanda Lafferty (8:50 – 9:10 PM) a. First Reading to consider possible repeal of the Emergency Management Ordinance; b. Potentially schedule a public hearing for Second Reading of possible repeal of the Emergency Management Ordinance; c. Discussion of proposed Parking Ordinance and proposed Motor Vehicle and Traffic Ordinance 12. Other Business (9:10 – 9:15 PM) 13. Adjourn (9:15 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Cost of development/cost of open space. Issues that have been discussed by the Council where further action is pending: 1. Street light policy. 2. Airport noise survey. 3. Evaluate water billing and rate structure. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. * 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 02/05/19 Date Check No. Paid To Memo Amount Paid 2/5/2019 3506 Champlain Water District 113,532.04 Date Voucher Number Reference Voucher Total Amount Paid 1/31/2019 VI-14745 JANUARY 112,922.13 112,922.13 1/31/2019 VI-14746 SBWD-339 609.91 609.91 2/5/2019 3507 E.J. Prescott, Inc. 1,691.96 Date Voucher Number Reference Voucher Total Amount Paid 1/11/2019 VI-14735 5494764 965.59 965.59 1/15/2019 VI-14737 5496595 104.37 104.37 1/11/2019 VI-14739 5489241 143.25 143.25 1/11/2019 VI-14741 5490973 478.75 478.75 2/5/2019 3508 Ferguson Waterworks #576 1,215.84 Date Voucher Number Reference Voucher Total Amount Paid 1/11/2019 VI-14742 0867330 1,215.84 1,215.84 2/5/2019 3509 FirstLight Fiber 41.12 Date Voucher Number Reference Voucher Total Amount Paid 1/15/2019 VI-14738 4801692 41.12 41.12 2/5/2019 3510 Frank W. Whitcomb Construction 662.90 Date Voucher Number Reference Voucher Total Amount Paid 1/7/2019 VI-14747 00695159 138.90 138.90 1/8/2019 VI-14748 00695187 524.00 524.00 2/5/2019 3511 Graybar Electric Company 50.12 Date Voucher Number Reference Voucher Total Amount Paid 1/11/2019 VI-14740 9308100795 50.12 50.12 2/5/2019 3512 Cash 97.50 Date Voucher Number Reference Voucher Total Amount Paid 1/22/2019 VI-14736 REPLENISHMENT 97.50 97.50 2/5/2019 3513 Ti-Sales Inc. 9,000.00 Date Voucher Number Reference Voucher Total Amount Paid 1/15/2019 VI-14743 INV0100574 9,000.00 9,000.00 2/5/2019 3514 Michael Woulf 48.63 Date Voucher Number Reference Voucher Total Amount Paid 1/29/2019 VI-14744 REFUND 48.63 48.63 Printed: January 31, 2019 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 02/05/19 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 126,340.11 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: January 31, 2019 Page 2 of 2 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com TO: South Burlington City Council FROM: Andrew Bolduc, City Attorney SUBJECT: Consent item resolving and authorizing execution of documents prepared by Bond Counsel related to 180 Market Street Bond Issuance and Closing DATE: February 4, 2019 BACKGROUND: Recently the City Council authorized staff to apply to the Vermont Municipal Bond Bank for a portion of voter authorized debt in the amount of $14,000,000 to fund improvements at 180 Market Street. The City has been approved for $14,000,000 in bonded debt as part of an issuance that the Bond Bank will be making in the next few months. The City’s Bond Counsel (Robert Fletcher) has provided a package of documents for the City Council’s review and consideration for approval. Once signed, executed documents will be held by the City’s Bond Counsel to be released at closing. ATTACHMENTS: • Documents for approval and signature. RECOMMENDATION: Consider approving the consent item to resolve and authorize execution of the documents provided related to the issuance of a $14,000,000 bond. Ordinance Regulating Conduct in South Burlington Parks PARKS ORDINANCE 2 City of South Burlington Ordinance Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Definitions ............................................................................................................................ 3 3. General Provisions ................................................................................................................ 3 4. Conduct ................................................................................................................................ 3 5. Camping; Boating; Fishing; Bathing ...................................................................................... 4 6. Fires ...................................................................................................................................... 4 7. Refuse ................................................................................................................................... 4 8. Traffic .................................................................................................................................... 4 9. Recreation Path .................................................................................................................... 5 10. Animals; Plants; Wildlife ....................................................................................................... 6 11. Hours and Fees ..................................................................................................................... 6 12. Permit System ...................................................................................................................... 6 13. Closed Areas ......................................................................................................................... 7 14. Enforcement ......................................................................................................................... 7 15. Civil Penalty; Waiver Fee ...................................................................................................... 8 16. Other Relief .......................................................................................................................... 8 17. Severability ........................................................................................................................... 8 PARKS ORDINANCE 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is enacted by the City Council pursuant to authority it is granted under 24 V.S.A. Chapter 67, 24 V.S.A. Section 2291, 18 V.S.A. Chapter 37, and Section 104 of the South Burlington City Charter. The purpose of this Ordinance is to ensure all citizens of South Burlington that the parks of the City will be clean, safe and enjoyable places for people to engage in the recreation pursuits of their choice. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Park All recreation facilities and lands regarding which the City of South Burlington holds a legal interest for open space and recreation use, whether such lands are developed or undeveloped. “Park” includes, but is not limited to, playgrounds, open spaces, conservation areas, recreation and bicycle paths, trails, beaches, pathways, as well as public parks. “Park” shall also include property regarding which the South Burlington School District holds a legal interest at such time as the District provides the City Council with written authority to regulate conduct on such property and the Council by resolution accepts said authority. Recreation and bicycle paths shall not include roadways identified by the City as “bicycle routes” where a bicycle path or lane is not specifically defined on such roadway. Smoking The possession and use of lighted “tobacco products” or possession and use of “tobacco substitutes” as those terms are defined in 7 V.S.A. § 1001, as now enacted or hereafter amended. 3. General Provisions (A) City Parks will be operated, maintained and supervised by the South Burlington Recreation Department. (B) Visitors use the South Burlington Parks at their own risk. The City is not responsible for theft, personal injury, property damage or any other loss. Such losses, however, should be reported to the City Recreation and Police Departments. 4. Conduct (A) It shall be unlawful to post bills, cut, deface, write upon, remove or destroy any tree, shrub, rock, signs, buildings, tables, benches, fireplaces, grills or other structures or equipment, facilities or park property, or appurtenances whatsoever. (B) No person shall engage or participate in, aid, form, or organize any assembly or group, or make speeches, or conduct programs of entertainment in any City Park unless a permit has been issued pursuant to Section 12 hereof and said permit is carried by the person directing or leading such activity. This subdivision does not apply to educational activities of students under school direction, or to government agency activity within the scope of the functions of such agency. (C) No person shall disturb the peace, endanger the public safety, use obscene or profane language or prevent the use of City Parks by others. PARKS ORDINANCE 4 City of South Burlington Ordinance (D) Drinking of alcoholic beverages in City Parks is strictly forbidden, unless the individual is a member of a group that has been issued a permit by the Recreation Department pursuant to Section 12 hereof, and such permit specifically sanctions the drinking of alcoholic beverages. (E) Firearms of any description, air rifles, gas weapons, slingshots, bows and arrows, firecrackers, and explosives are prohibited and shall not be displayed or discharged in City Parks. Firework displays may be permitted by permit. (F) Smoking shall be prohibited in all Parks including all City playgrounds, natural areas, beaches, athletic fields, bleachers, as well as event areas and venues. It shall be within the discretion of the Director of Recreation and Parks to designate specific smoking areas within any Park as well as to post and maintain “No Smoking” signs clearly and conspicuously throughout the smoke-free areas of the Parks. 5. Camping; Boating; Fishing; Bathing (A) Overnight camping is prohibited unless such activity is confined to areas specifically designated by the Recreation Department for that purpose. (B) Boating and fishing are not permitted in any area designated for swimming use. (C) Bathing and swimming are allowed only in areas designated, and all persons swimming or bathing do so at their own risk. Changing clothes except in bathhouses provided by the Recreation Department is prohibited. Use of inflatable or other types of swimming aids is prohibited except in areas designated for such purpose by the Recreation Department. 6. Fires (A) Fires shall be built only in outdoor fireplaces provided by the City or in grills in designated picnic areas. There will be no fires on the trail system. (B) Portable stoves may be used only in designated picnic areas. Such stoves, when in use, shall be placed on charcoal grills or outdoor fireplaces, and not upon the ground, adjacent woods, refuse receptacles, picnic tables or benches. (C) Fires shall not be left unattended. 7. Refuse (A) Refuse, rubbish, garbage or other trash of any nature shall not be left in City Parks except in receptacles where provided. (B) No glass containers are permitted within Park boundaries. (C) No person shall pollute the waters of any City Park through the deposit of any foreign material therein. 8. Traffic (A) Pedestrians have the right of way on all Park roads. (B) All persons driving motorized vehicles shall obey all traffic signs and directions of Park employees and shall park only in areas designated for that purpose. PARKS ORDINANCE 5 City of South Burlington Ordinance (C) The speed limit on all Park roads is 15 M.P.H. unless otherwise designated. (D) Where an entrance gate and attendant’s booth has been provided at any City Park, operators of motor vehicles entering such Parks shall pay the requested fee and retain the ticket received from the attendant as a receipt. (E) Motor vehicles, including motorcycles and motorbikes, are prohibited on foot trails and other areas other than on roads maintained for public vehicular traffic. Bicycles may be used only on designated trails at designated times. (F) All-terrain vehicles (ATV) and snowmobiles are not permitted within the boundaries of City Parks, except within areas designated for such use by the City Recreation Department. 9. Recreation Path (A) All motorized vehicles of every kind and description are prohibited from driving on the South Burlington Recreation Path, except as follows: (1) Emergency response vehicles and authorized City maintenance and enforcement vehicles; (2) Vehicles crossing the path at designated crossing points such as intersections and driveways; (3) Vehicles traveling on Lindenwood Drive, to the extent necessary to avoid potential conflicts with other vehicles; and (4) Motorized wheelchairs. (B) Skateboards and horses are prohibited from the Recreation Path. (C) Racing of bicycles is prohibited on the recreation path, unless approved by the Director of Recreation and Parks. (D) Pedestrians have the right of way on the Recreation Path. (E) Users of the recreation path shall observe and obey the following rules: (1) All users shall stay to the right side of the path except when passing. (2) Passing shall be done on the left of the person(s) being passed. Users shall warn others prior to passing them by announcing “passing to your left” or some other suitable warning. (3) Users shall travel single file when necessary for safety. (4) Users shall obey all applicable traffic rules and regulations, including coming to a complete stop at all stop signs. (5) Bicyclists shall stop at all stop signs, and shall walk their bicycles in any area posted for walking only. (6) All users shall travel only at such speeds and in such a manner as is safe under the circumstances, including current weather conditions and the condition of the path surface. (F) All dogs must be leashed on a maximum 6’ leash. Dog feces shall be removed from the Recreation Path and the right-of-way by the person responsible for the dog. PARKS ORDINANCE 6 City of South Burlington Ordinance (G) No person shall have use of the Recreation Path for commercial purposes unless first receiving the express approval of the City Council. (H) No person shall litter on or adjacent to the Recreation Path. 10. Animals; Plants; Wildlife (A) Except where prohibited under Subsection (E) below, domestic animals are permitted within the City Park boundaries when under the control of the owner. (B) Horseback riding is prohibited within City Parks, except in areas specifically designated for such purpose by the Recreation Department. (C) Within the boundaries of any Park, trees, shrubs, flowers, ferns, or other plants shall not be lifted or picked by park visitors. No stones, rocks, birds or animals shall be removed. Removal of bark from trees by any means whatsoever is prohibited. Cutting and removal of firewood is prohibited unless specifically authorized in writing by the Director of Recreation and Parks or City Manager. Axes, hatchets, shovels, chainsaws, picks, handsaws, and all other tools used to dig, cut or build are specifically prohibited within City Parks except where expressly authorized by way of a permit issued pursuant to Section 12. (D) No person shall disturb or injure any animal within the confines of a City Park, nor disturb any animal habitat. (E) Domestic animals shall be prohibited at all times from the beach area at Red Rocks Park and the adjoining water of Lake Champlain. Dogs must be under owner control by a leash no longer than six feet (6’) at all times when in Red Rocks Park, Jaycee Park, Dorset Veterans Memorial Park, or on recreation or bicycle paths. 11. Hours and Fees (A) City Parks, including roads and parking areas, shall be open only during the times indicated at park entrances or as otherwise established by the Recreation Department. (B) Cars and other types of motor vehicles left in City Parks after hours, or in unauthorized areas will be towed away at the owner’s expense. (C) Reasonable fees may be assessed by the Recreation Department for the entry of vehicles onto Park lands and for the use of City Parks by individuals. The Director of Recreation and Parks shall establish a schedule of such fees and post said schedule at Park entrances. 12. Permit System (A) A permit must be obtained through the system outlined in this section before any person engages in the activity described in Sections 4(B),(D),(E) and 10(C). (B) Application shall be made to the Recreation Department prior to the proposed activity date. (C) Application shall be made on a form provided by the Director of Recreation and Parks, specifying the name, address, and phone number of the applicant, the name of the sponsoring organization, if any, the date and the type of proposed activity, the Park which has been requested, the estimated attendance, and the hours during which the activity is to be conducted. PARKS ORDINANCE 7 City of South Burlington Ordinance (D) The Director of Recreation and Parks or his or her designee shall issue a permit if the applicant’s use will not materially interfere with the enjoyment and use of City Parks by the general public based on consideration of whether the applicant’s activity: (1) Will detract from residents’ recreation opportunities (2) Will unreasonably infringe on public health, safety or welfare (3) Will conflict with facilities reserved for other uses (4) Will interfere with traffic or burden policy services (5) Is likely to cause personal or property injury, incite violence, crime, or disorderly conduct (6) Is for the primary purpose of advertising products, goods or events, or for purely private profit (E) The Director of Recreation and Parks may impose reasonable conditions upon the issuance of a permit. (F) A fee may be imposed by the Director of Recreation and Parks as a condition to the issuance of a permit in relation to fund raising activity or for the purpose of defraying the costs of cleanup, either before or after the proposed activity. (G) As a condition of the issuance of a permit, the Director of Recreation and Parks may, at his or her discretion, require the posting of a bond to cover possible damages to any City property and may require the individual or group to have in attendance a law enforcement officer. (H) The Director of Recreation and Parks shall act on an application within five business days of the receipt thereof. Denial of an application shall be accompanied by a statement of reasons for such denial. An applicant may appeal the action of the Director to the City Manager. 13. Closed Areas Any area of any Park may be declared closed to the public by the Director of Recreation and Parks at any time for any interval of time. When so closed, the Director shall cause notice to be posted at the entrances to said Park and at the closed area so as to notify the public that the area of the Park is closed. A person shall not enter, pass through, or remain in the closed area of any Park except with the written permission of the Director. 14. Enforcement (A) Any person who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall be subject to a civil penalty of up to $800 for each violation. Each day the violation continues shall constitute a separate offense. The Director of Recreation and Parks, Police Officers, Animal Control Officers and Park Attendants 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. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. PARKS ORDINANCE 8 City of South Burlington Ordinance 15. Civil Penalty; Waiver Fee 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 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 16. Other Relief (A) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy authorized by law. (B) Issuing Municipal Officials shall have the authority to eject from the Park any person acting in violation of any provisions of this Ordinance or in violation of any permit issued pursuant to this Ordinance. (C) A permit issued under this Ordinance may be revoked by the Director of Recreation and Parks without reimbursement of any fee for: (i) misrepresentations on an application; (ii) violation of the provisions of this Ordinance or other City of South Burlington regulation; or, (iii) where there is a risk to public health or safety. Any revocation pursuant to this section may be appealed to the City Council by filing a notice thereof with the secretary of the Council within ten (10) days of such revocation. (D) In addition to the enforcement procedures available before the Judicial Bureau, a person who enters the closed area of any Park shall be liable to the City of South Burlington for expenses incurred by the City to provide rescue, medical or other services to such person for circumstances or injuries which result from entrance into, or use of, the closed area. 17. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. PARKS ORDINANCE 9 City of South Burlington Ordinance Repealed at South Burlington, Vermont this _______ day of _______________, 2019, to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ Helen Riehle, Chair _________________________________ Meaghan Emery, Vice-Chair _________________________________ Tim Barritt, Clerk _________________________________ Thomas Chittenden _________________________________ David Kaufman Received and recorded this ______ day of _____________________, 2019. _________________________________ Donna Kinville, City Clerk 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: February 1, 2019 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 FY2018 (July 1, 2017 – June 31, 2018) and the 2017 Grand List (value as of April 1, 2017). 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, VT firms that have been hired by the City, new employment and new businesses that have opened, and progress towards the criteria that were used to approve the TIF District. In the past, the City was asked to provide a narrative for the report. This narrative is no longer required by VEPC. This year TIF communities received new direction on methods for classifying expenditures by Fiscal Year. FY 2018 was the first year in which the City retained TIF increment revenue. Original Taxable Value Certification. Each year the City Assessor certifies the original taxable value of the TIF District as of 2012. Last year the City reported a change to the original taxable value to correct an error in the boundary, and while the City is still awaiting final certification from Department of Taxes Property Valuation and Review (PVR), the Original Taxable Value recognizes this change and is “locked down” in our accounting system after written consultation with PVR and VEPC. This Original Taxable Value is listed as $35,387,700. Changes to Individual Parcels. At the time the Original Taxable Value was “locked down” in the accounting system, a property with zero assessed value (600-188-17909 - a future right of way) was also reclassified as active from non-active. Other parcel changes are related to the subdivision of land owned by South Burlington Realty. 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). This 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 that funds project costs. Reserve funds should not be classified in the same group as revenues directly funding project costs. Attachments: 2017 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, 2017 - June 30, 2018South Burlington: City Center TIF District 2017Ilona Blanchard Project Director iblanchard@southburlington.gov 802-846-4123 1/15/2019 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 Parcel Information 103.37 59 $ 35,387,700 Total Education Taxable Values as of April 1 Tax Rates Applied to the April 1 Grand List 0.4923$ 1.5794$ 40,037,400$ 1,094,200$ 38,943,200$ 40,037,400$ Municipal Homestead- Education Non Residential- Education Total Education 1.5993$ Increase (Decrease) in Taxable Values (auto-calculated) List Special Municipal Tax Rates -$ -$ -$ -$ -$ -$ N/A-$ 4,649,700$ 4,649,700$ Municipal Homestead- Education Non Residential- Education Total Education TIF Increment Revenue Retained for Reporting Year 17,168$ 55,772$ 72,940$ Municipal Homestead- Education Non Residential- Education Total Education 0.4923$ -$ Total Special Municipal Tax Total Municipal (General Fund) & Special Rates -$ 55,772$ Other TIF Fund Income Education Municipal Total District Information: TIF District Data: 4,649,700$ Reports are due on or before January 15, 2019 Interest Earnings - See Add'l Information -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total:-$ -$ -$ 1/7 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 1 0.00% 11 5.60% 2 30 3.39% 3 0 0.00% 4 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: 600-188-14489 600-188-18108 600-188-18109 600-188-11132 Changes to Individual Parcels Describe Change 600-188-14489 subdivided into 3 (original, A, B) was 33.6 acres, now 28.93 acre parcel Total Payment for Reporting Period Votes and Financing: Debt Instruments Remaining Principal Balance -$ TotalInterest Existing Debt: No public votes or debt obligations occurred during this reporting period. Principal Period (ie. 1/1/2016- 12/31/2026) Infrastructure and Debt Additional Information In 2017, the OTV was locked down. During lock down, parcel 600-188-11132 which had been misidentified as wholely inside the TIF District was removed from the OTV upon conversations with Brad Jackson and Fred Kenney. This was confirmed via e-mail from Fred Kenney to the City on 6/28/2017, cc:ed to PVR. The OTV acreage went to 103.67 acres (104.21 acres minus .84 acres). VEPC provided the City with an amended OTV in 5/2018; PVR has not yet completed certification. | 600-188-17909 prior to OTV lockdown was misidentified as inactive and relisted as active in the OTV lockdown. | PVR also instructed the City Assessor, over FY 2018 to be reflected in the 2018 Grand List, to make adjoining parcels one if owned by the same legal entity. This has now been completed and will be reflected in the Annual Report for the 2018 Grand List, greatly reducing the number of parcels going forward. Subdivision of 600-188-14489: new Lot A, .66 acres Subdivision of 600-188-14489: new Lot B, 4.01 acres Erroneously ID/included in district; removed on consultation with PVR/VEPC - .84 acres SPAN Number 460,000$ -$ 460,000$ 2/21/17-2/21/2018Interfund Loan in anticipation of bond 460,000$ 340,909 2,950,000$ 134,661$ 5,000,000$ 3,250,000$ 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$ 8/2/2017-11/1/2037 5,000,000$ -$ -$ 5,460,000$ -$ -$ -$ -$ 594,661$ 5,000,000$ Refinancing. Was any portion of TIF District debt refinanced during this reporting period?Annual Debt Service Principal Paid 134,661$ -$ 134,661$ The Interfund Loan made in anticipation of the 2017 TIF Debt was refinanced using the 2017 TIF Debt in full ($460,000). -$ -$ 2,243,694$ 7,243,694$ -$ -$ 7,703,694$ Additional Information The Debt Obligation Instrument was provided to Casey Mock, Executive Director of VEPC on May 28, 2018. | The City received interest income on the $5,000,000 TIF Debt Proceeds in the amount of $2,636.69. This was a one time interest payment as the bank had inadvertantly put the funds into an account that earned interest. These dollars will be used to fund Market Street project costs. 2/7 IV. Market Street - Reconstruct Market Street from Dorset Street to Hinesburg Road. Street will be reconstructed with a streetscape, utility infrastructure, and street furniture. Senior Center (Added by Substantial Change October 2018) -$ 767,751$ -$ 13,334$ 483$ 16,000$ 41,771$ 161,479$ Began ROW acquistition stage for Williston Road Intersection portion. Completed ROW, Fed cleared to proceed, bid out construction, hired project engineer/inspectors, began mobilization. P&S on land, hired architect, held public outreach meetings, selected concept, negotiated land easement with School District, hired CM, began design.446$ 203,033$ Not Advanced. Conversations with Private Sector during this period did not result in land purchase or project. P&S on land, hired architect, held public outreach meetings, selected concept, negotiated land easement with School District, hired CM, began design. 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. The Senior Center part of the Recreation Center was advanced within the Library/City Hall building.-$ -$ -$ 42,255$ 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. City secured Federal Aid grant for $800,000 from VTrans Ped/Bike program, hired Fuss & O'Neill and began design work on the project.4,747$ 18,986$ 23,733$ 7 Public Parking - Build a public parking garage to serve parking needs in City Center. Not Advanced. Conversations with Private Sector during this period did not result in land purchase or project.-$ -$ -$ 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. 177,479$ 8,624$ 791,472$ 525,965$ 1,317,437$ Check Total -$ 8,624$ 203,479$ 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. Purchase & Sale agreement (P&S) on land, hired architect, public outreach meetings, selected concept, negotiated land easement with SBSD, hired CM 77$ 70,866$ 70,943$ 1,317,437$ 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: 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 -$ -$ 781,085$ -$ -$ 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 one of project 98% complete with paths, play structures, seating areas, SW treatment installed. Wetland permit obtained for Phase II by SBCC, LLC. Not advanced. Private sector has permitted a stormwater pond for bulk of undeveloped land off Market and Garden streets. 8 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. Preferred alternative (south side bridge) selected. CCRPC Unified Work Program Project request granted for Phase II scoping. Began Fed grant application.1,968$ 7,872$ 9,839$ 3/7 Closed1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 V. Recreation Impact Fee (City Special Fund) $ 123,364 $ 123,364 CCRPC - Williston Road Streetscape (Federal, 2016) $ 100,000 $ 67,579 $ 2,498 1,666,000$ 3,678,400$ No activity. No activity. 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). 2,992,800$ Subdivided into one parcel and two lots, obtained wetland permit and stormwater permit for entire property, as well as an Act 250 opinion of no jurisdiction. 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$ Developed.2 3 4 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ The amount paid with Education RevenueList and describe the related cost(s) $2,350 - TIF Audit - Will be paid with both once we have TIF Revenue & respective tax rates to be able to divide between the two.$2,761.88 - Legal - TIF Vote, Bond Preparation & Development Agreements - Will be paid with both once we have TIF Revenue & respective tax rates to be able to divide $ 282,523 $ - $ - $ - $ 2,640,821 $ - $ 88,617 $ 114,634 $ 525,965 $ 13,334 $ - $ 291 $ 1,386,384 $ 693,812 $ - $ - $ - 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 $ 291 $ 5,485,695 $ 693,812 $ - Federal Aid-Williston Road Streetscape $ 800,000 Non-TIF Revenues Reported under Improvement Expenditures Related Costs $ 9,454,437 CCRPC - Pedestrian Bicycle X-ing over I-89 Exit 14 (Federal, 2017) $ 51,276 $ 51,264 $ 7,872 $ 16,489 Municipal Debt Proceeds $ 301,640 Total Amount Spent this Period Reserve Fund (City Funded each year, established 2013) $ - $ - $ - $ 16,489 $ 525,965 Sources of Non-TIF Revenues Total Amount Secured for Each Source Total Amount Spent to Date 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. 4/7 1 1 2 2 3 3 4 4 5 5 6 6 500$ 13,105$ Total amount of work performed 41,139$ 0 0 0 Increase or (Decrease)NAICS Code Vermont Firms Aldrich + Elliot, PC 35,594$ All Season & Landscaping, Inc.669,920$ Wiemann Lamphere Architects, Inc.271,076$ 0 0 0 Bald, Michael P.; Vermont Youth Conservation Corps Keller & Associates, Inc Stantec Consulting Services, Inc.; Chittenden County Regional Planning Name of Vermont Firm 6 Poon Trust LLC - Approximately 60,000 square feet to be development as residential, with commercial on the ground floor should the market support it. Permitted conversion of use to four apartments in one half of existing building. 2015 Financing Plan anticipated commencement of construction on new building in 2017 which did not occur.858,200$ 23,370,400$ Total Employment Opportunities New Employees fulfilling the performance standard for the TiF District were reported in 2014. No new employment opportunities were created in 2018. Additional Information Blackbay Ventures developed on Market Street (previously 135 Hinesburg Road) and the total assessed value of the developed property is $2,211,400. This was reported on prior reports. Mandated Jobs 5 No activity. 4,949,300$ 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, School District has discontinued consideration for development. 2015 Financing Plan anticipated comencement in 2017. This property has an assessed value of zero.-$ 8 Chastenay Estates - Approximately 100,000 square feet of residential development is likely to occur on this parcel. No activity. 545,700$ 7 Sonrise Partnership - Approximately 66,000 square feet of infill apartment development. No activity. 2,104,700$ 5/7 7 7 8 8 9 9 10 10 11 11 12 12 25,806$ Additional Information No new jobs were created in the district in 2018. 10-11 employees of medical office moved into a renovated building, however, these were not new jobs, they had existed previously on Kennedy Drive. Subcontractors include SE Group, Engineering Ventures, Engineering Systems of Vermont, and Cx Associates. Firms with Vermont offices and employees where at least 1/2 of work was completed in VT office, the work was listed as a Vermont firm. TIF District Specific Transportation Enhancements No project is complete, while impacts of development are not experienced, neither are the benefits of transportation projects. The City advanced four transportation enhancement projects: Market Street, Garden Street (street & Williston Road Intersections), Williston Road Streetscape, and the I-89 Exit 14 Bridge. The City Center Park also enhanced the pedestrian connection between Iby Street and the Barrett St. neighborhoods as well as the middle school/high school complex, and constructed half of the bicycle/ped connection to Garden/Market Streets (Phase II will complete the connection). Business Development This criteria was met with the opening of Trader Joe's. No new businesses opened in 2018, but Allard Square will open in 2019. Total Jobs Increase / (Decrease)0 1,097$ 61,818$ 22,443$ 5,234$ 33,908$ Total Amount of Work Performed 1,181,638$ 0 0 0 0 Other Paper; Blue Print; Pawprint+Mail Stitzel Page & Fletcher, PC; Rocheleau Legal Services Vanasse Hangen Brustling Inc.(VHB) Light/Space/Design; Vendituoli Limited Co. Landworks Crow's Path; University of Vermont; Emily Anderson; P & P Septic Service 0 0 6/7 0 Housing Changes (optional) Affordable Housing Market Rate Housing Total New 0 Elminated Additional Information Net Total 0 0 0 7/7 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: Proposed Repeal of the Emergency Management Ordinance DATE: February 4, 2019 Background The City of South Burlington adopted in 1995 the Emergency Management Ordinance of the City of South Burlington and has not since amended it. In 2006, a significant rewrite and update of 20 V.S.A. chapter 1, the title of which changed from “Civil Defense Generally” to “Emergency Management,” became law. The relevant provisions require the City to establish a local organization for emergency management, which, among other responsibilities, is required to perform emergency management functions and participate in the development of an all-hazards plan. The State Emergency Response Commission appoints the local emergency planning committee which also is required to perform a number of duties. Given that this ordinance predates the most recent rewrite of relevant State law and has not been revisited in over twenty years, a time period during which emergency services and management has changed significantly, this Ordinance seems duplicative and unnecessary. Recommendation After consulting with the City Fire Chief, Staff recommends that the Council warn a Second Reading to consider repeal of the Emergency Management Ordinance. Parking Ordinance PARKING ORDINANCE 2 City of South Burlington Ordinance Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Parking Prohibition ............................................................................................................... 3 3. Unregistered Motor Vehicles and Unattached Trailers ....................................................... 4 4. Parking Tickets; Penalty ........................................................................................................ 4 5. Administrative Appeal and Enforcement of Parking Tickets................................................ 5 6. Removal of Unlawfully Parked Vehicles ............................................................................... 5 7. Definitions .............................................................................................................................. 6 8. Severability ........................................................................................................................... 7 9. Repeal…………………………………………………………………………………………………………………………………………..7 PARKING ORDINANCE 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Parking Ordinance is enacted by the City Council to promote the public health, safety and welfare of City residents under the authority it is granted to regulate parking of vehicles as set forth in 4 V.S.A. section 32, 19 V.S.A. section 304, 20 V.S.A. section 2904, 23 V.S.A. sections 1008 and 1753, 24 V.S.A. section 2291, and Sections 103 and 104 of the South Burlington City Charter. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. chapter 59. Parking any vehicle in violation of this Ordinance is hereby declared to be a public nuisance. 2. Parking Prohibition Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a law enforcement officer or official traffic-control device, no person shall park a motor vehicle: (A) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (B) On a sidewalk or so as to interfere with pedestrian use or maintenance of a sidewalk; (C) Within fifty (50) feet of an intersection; (D) On any crosswalk; (E) Alongside or opposite any road excavation when parking would obstruct traffic; (F) Upon any bridge or other elevated structure; (G) Upon any railroad tracks or within fifty (50) feet of the nearest rail of a railroad crossing; (H) Within fifteen (15) feet of a fire hydrant; (I) Within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control light located at the side of a roadway; (J) In front of a public or private driveway; (K) In any space specified as reserved for a bus stop; (L) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a public road or highway opposite and within seventy-five (75) feet of the entrance to any fire station; (M) On any public road or highway, or portion thereof, designated by order of the Director of Public Works as a place where parking is temporarily prohibited because of road or highway construction, repair or maintenance; PARKING ORDINANCE 4 City of South Burlington Ordinance (N) On any public road or highway, or portion thereof, the City Council designates by resolution as a place where parking is prohibited and indicated as such by “No Parking” signs; (O) On any public road or highway for a period of more than seventy-two (72) consecutive hours in the same location; (P) On any public road or highway for the purpose of selling or renting the same or for the purpose of displaying or advertising the same for sale or rent; (Q) So as to interfere with the plowing or removal of snow; (R) On any public road or highway between the hours of 12 o’clock midnight and 8 o’clock a.m. during the period from December 1 of each year to April 1 of the following year; (S) In a space designated as parking for persons with disabilities except when the motor vehicle is equipped with a valid handicapped registration plates or properly displayed handicap permit from the Vermont Department of Motor Vehicles in accordance with 23 V.S.A. section 304a, or as otherwise provided by the law of the State in which the vehicle is registered, and an occupant is a person with a disability. 3. Unregistered Motor Vehicles and Unattached Trailers In addition to the prohibitions set forth in Section 2, no person shall park an unregistered motor vehicle, or a camper, recreation vehicle, travel trailer or unattached trailer on any public road or highway for a period of more than twelve (12) consecutive hours. As used herein, an unattached trailer shall mean a vehicle without motive power designed to be drawn by a motor vehicle that is not attached to a motor vehicle. 4. Parking Tickets; Penalty Any City law enforcement officer may issue a parking ticket for any vehicle parked in violation of Sections 2 or 3 of this Ordinance, which shall set forth the penalty to be paid for such violation. Parking ticket penalties shall be paid to the South Burlington Police Department. The Police Department shall maintain copies of all issued parking tickets. The penalties for violations of any provision of Sections 2 or 3 of this Ordinance shall be: Section First Offense Second Offense Third Offense Fourth and Subsequent Offenses 2(A)-(Q) $15 $25 $50 $100 2(R) $25 $50 $100 $200 2(S) $50 $100 $200 $400 3 $15 $25 $50 $100 PARKING ORDINANCE 5 City of South Burlington Ordinance Offenses shall be counted on a calendar year basis. A late payment fee of $10.00 shall be imposed for each parking ticket not paid within twenty (20) calendar days of the date of issuance. 5. Administrative Appeal and Enforcement of Parking Tickets Within fifteen (15) calendar days of the date a parking ticket is issued, a person receiving a parking ticket may appeal the violation by submitting a written statement of appeal to the Chief of Police. The written statement shall state the facts supporting the appeal and an explanation of why such ticket is believed to be unlawful. Within fifteen (15) calendar days of the date s/he received a written statement of appeal, the Chief of Police, or his or her designee, will review the statement and shall issue by mailing to the address provided in the written statement a brief written decision on the appeal, which shall be final. If, after exhausting this administrative appeal process, the violator has not paid any penalty assessed for violation of this Ordinance, the City Attorney, at the direction of the City Council, may institute an action on behalf of the City against the violator in accordance with Rule 80.9 of the Vermont Rules of Civil Procedure. 6. Removal of Unlawfully Parked Vehicles (A) Removal. In addition to issuance of a parking ticket under Section 4 of this Ordinance, City law enforcement officers are authorized to remove vehicles parked in violation of Sections 2 or 3 this Ordinance at the expense of the owner of the vehicle. (B) Record of Removed Vehicles. The Police Department and the owner of any garage to which a vehicle is removed shall keep a record of each vehicle so removed by manufacturer’s trade name or make, registration number or Vehicle Identification Number, registered owner if the vehicle bears a Vermont registration, such other descriptive matter as may be necessary to identify the vehicle, and the name and address of any claimant thereof. In addition, the Police Department shall keep a record showing the date of such removal, the place to which the vehicle is removed, and reason for such removal. All such records shall be open to public inspection pursuant to the Vermont Public Records Act. (C) Notice of Removal. If a removed vehicle is not reclaimed within ten (10) calendar days of the date of removal, the Police Department shall send written notice by certified mail, return receipt requested, to the last known address of the registered owner of such vehicle, if such vehicle is registered. If the vehicle is not registered, the Police Department shall cause the notice to be published in a newspaper of general circulation in the City within twenty (20) calendar days of the date of removal. The notice required by this section shall contain the following: PARKING ORDINANCE 6 City of South Burlington Ordinance (1) A description of the vehicle; (2) Statement of the circumstances requiring removal; (3) Statement of the procedure to reclaim the vehicle; and, (4) Statement of appeal rights. (D) Appeal of Removal. Prior to, or within three (3) calendar days of reclaiming a vehicle, the owner of a vehicle removed pursuant this Ordinance may make a written request for a hearing before the Chief of Police. The written request shall contain a statement of the facts supporting the appeal and an explanation of why such removal is believed to be unlawful. The Chief of Police, or his/her designee, shall conduct a summary hearing at which the vehicle owner may present relevant evidence. Within twenty-four (24) hours of the conclusion of the hearing, the Chief of Police, or his/her designee, shall issue by mailing to the address provided in the written statement a brief written decision on the appeal, which shall be final. (E) Recovery of Vehicle. Before the owner of a vehicle removed pursuant to this Ordinance shall be permitted to reclaim the motor vehicle, the owner shall: (1) Furnish satisfactory evidence to the Police Department or the owner or person in charge of the garage of his/her identity and of his/her ownership of the vehicle; (2) Pay to the Police Department all charges for violation of this Ordinance and all charges for mailing and/or publication of the required notice; (3) Pay to the owner or person in charge of the garage all charges for removing said vehicle and all charges for the storing and parking thereof; (4) Sign a written receipt acknowledging delivery of said vehicle. (F) Charges for Removal. The City Council shall, from time to time, by resolution, establish reasonable charges for the towing and storing of vehicles removed pursuant to Section 6 of this Ordinance. (G) Lien on Vehicle. All charges for towing and storage of vehicles imposed pursuant to Section 6 of this Ordinance shall become a lien upon the vehicle removed and such lien may be foreclosed in accordance with the procedure provided in the law for foreclosure of artisan’s liens. (H) Charges not a Penalty. No charges made or incurred under Section 6 of this Ordinance shall be considered a fine, penalty or forfeiture. The removal and storage of any vehicle under this Ordinance shall not be a bar to the institution and prosecution of civil action against the owner or operator of such vehicle. 7. Definitions The definitions of public set forth in 23 V.S.A. section 4 are incorporated herein by reference. PARKING ORDINANCE 7 City of South Burlington Ordinance 8. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. 9. Repeal The Motor Vehicle and Traffic Regulation Ordinance of the City of South Burlington adopted April 28, 1958 and as amended from time to time thereafter, is hereby repealed. Adopted at South Burlington, Vermont, this ___ day of ________________________, 2019, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Helen Riehle, Chair Thomas Chittenden _____________________________________ ____________________________________ Meaghan Emery, Vice-Chair Dave Kaufman _____________________________________ Tim Barritt, Clerk Received and recorded this ______ day of ________________________, 2019. _____________________________________Donna Kinville, City 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 Kevin Dorn, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: Proposed Parking Ordinance Proposed Motor Vehicle and Traffic Ordinance DATE: February 4, 2019 Background The operation and use of vehicles, including parking, in the City of South Burlington is regulated under the South Burlington Motor Vehicle and Traffic Regulation Ordinance (the “Motor Vehicle Ordinance”). The Motor Vehicle Ordinance was adopted on April 28, 1958 and has since been amended at least 18 times. A copy of the current Motor Vehicle Ordinance is available on the City’s website. Proposed Ordinances Staff proposes repeal of the existing Motor Vehicle Ordinance regulating and adoption of an ordinance regulating operation and use of motor vehicles other than parking and an ordinance regulating parking only. State law requires different enforcement methods for each. The proposed Parking Ordinance is intended to accomplish the following: • Establish general parking prohibitions in the City. (Sections 2 and 3) • Authorize the City Council, through adoption of a resolution, to establish specific locations on City streets and highways where parking is prohibited. (Section 2(N)) • Establish a uniform schedule of fines (i.e., parking tickets) for violation of the Parking Ordinance. (Section 4) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com • Establish an administrative process for appeal of parking tickets. An administrative appeal process for parking tickets is required by 4 V.S.A. § 32(c)(11) in order for the City to bring a civil enforcement action in Vermont Superior Court, as required by 24 V.S.A. § 1974a(e)(1). (Section 5) • Authorize the removal of vehicles parked in violation of the Parking Ordinance. Require a record of vehicles removed and notice of the removal if a vehicle is not claimed in ten days. Create a process for appeal of vehicle removals to the Chief of Police, whose determination on the appeal will be final. Authorize the Council, through adoption of a resolution, to establish charges for the towing and storing of removed vehicles. (Section 6) Copies of the proposed Parking Ordinance and the proposed Motor Vehicle and Traffic Ordinance are attached. Staff expects to develop the proposed resolutions contemplated in each ordinance before final passage. The proposed Motor Vehicle and Traffic Ordinance is intended to include the required and prohibited actions in the ordinance and to permit the Council to provide and amend information, such as locations, by resolution. In addition, this proposed ordinance permits civil enforcement in the Judicial Bureau. Recommendation Staff recommends that the Council consider and discuss proposed amendments to the proposed Parking Ordinance and the proposed Motor Vehicle and Traffic Ordinance and give feedback to Staff regarding the same. Staff proposes that both ordinances be placed on the City Council’s agenda for first reading at the Council’s meeting on February 19, 2019. Motor Vehicle and Traffic Ordinance MOTOR VEHICLE AND TRAFFIC ORDINANCE 2 City of South Burlington Ordinance Table of Contents 1. Purpose and Authority ..................................................................................................................... 3 2. Definitions ........................................................................................................................................ 3 3. Speed Regulations ............................................................................................................................ 3 4. Stop Intersections ............................................................................................................................ 3 5. Yield Intersections ............................................................................................................................ 3 6. Traffic Control Signals ...................................................................................................................... 3 7. Flashing Signals ................................................................................................................................ 4 8. One Way Streets .............................................................................................................................. 4 9. Right Turn Only Intersections .......................................................................................................... 4 10. Civil Penalties; Waiver Fee; Enforcement ........................................................................................ 4 11. Severability....................................................................................................................................... 4 12. Repeal .............................................................................................................................................. 5 MOTOR VEHICLE AND TRAFFIC ORDINANCE 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Motor Vehicle and Traffic Ordinance is enacted by the City Council to promote the public health, safety and welfare of City residents under the authority it is granted to regulate the operation and use of motor vehicles as set forth in 19 V.S.A. section 304, 23 V.S.A. sections 1007 and 1008, 24 V.S.A. section 2291(1), (4), and (5) and Sections 103 and 104 of the South Burlington City Charter. This Ordinance establishes special traffic regulations on public roads or highways in the City of South Burlington and shall constitute a civil ordinance within the meaning of 24 V.S.A. chapter 59. 2. Definitions The definitions set forth in 23 V.S.A. section 4 are incorporated herein by reference. 3. Speed Regulations The City Council shall establish, by appropriate resolution, speed limits on City public roads and highways and upon doing so shall cause suitable “Speed Limit” signs to be installed. Speed limits established by the City Council shall be in effect when so posted. 4. Stop Intersections The City Council shall designate, by appropriate resolution, stop intersections and upon doing so shall cause a suitable “Stop” sign to be installed at the intersection. When a stop sign is so installed, a motor vehicle operator approaching the stop sign shall operate the vehicle in the manner required by 23 V.S.A. section 1048(b). 5. Yield Intersections The City Council shall designate, by appropriate resolution, yield intersections and upon doing so shall cause a suitable “Yield” sign to be installed at the intersections. When a yield sign is so installed, an operator approaching the yield sign shall operate the motor vehicle in the manner required by 23 V.S.A. section 1048(c). 6. Traffic Control Signals The City Council shall designate, by appropriate resolution, intersections and other locations on City public roads and highways to be controlled by traffic-control signals and upon doing so shall cause a traffic-control signal to be installed at the intersection or other location. When a traffic-control signal is so installed, an operator approaching the traffic-control signal shall operate the motor vehicle in the manner required by 23 V.S.A. section 1022. MOTOR VEHICLE AND TRAFFIC ORDINANCE 4 City of South Burlington Ordinance 7. Flashing Signals The City Council shall designate, by appropriate resolution, intersections and other locations on City public roads and highways to be controlled by flashing signals and upon doing so shall cause a flashing signal to be installed at the intersection or other specified location. When a flashing signal is so installed, an operator approaching the traffic-control signal shall operate the motor vehicle in the manner required by 23 V.S.A. section 1024. 8. One-Way Streets The City Council shall designate, by appropriate resolution, any public road or highway for one- way traffic and establish the direction of traffic and upon doing so shall cause a suitable “One- Way” sign to be installed. When a one-way sign is so installed, an operator shall operate the motor vehicle only in the direction designated. 9. Right Turn Only Intersections The City Council shall designate, by appropriate resolution, intersections where only right turns are allowed and upon doing so shall cause a suitable “Right Turn Only” sign to be installed. When such a sign is so installed, an operator shall operate the motor vehicle only in the direction designated. 10. Civil Penalties; Waiver Fee; Enforcement (A) Any violation of a provision of this Ordinance which constitutes a traffic violation as defined by 23 V.S.A. section 2302, shall be prosecuted pursuant to 23 V.S.A. chapter 24, and such violator will be subject to the procedures, provisions and penalties set forth therein. Waiver penalties for violation of this Ordinance shall be those determined by the Judicial Bureau under 4 V.S.A. section 1102(d). (B) Police officers of the City of South Burlington and any other law enforcement officer shall be authorized to issue and pursue before the Judicial Bureau a civil violation complaint. A civil violation complaint may, at the discretion of the issuing officer, be dismissed or a civil penalty or waiver fee may be reduced, upon the successful completion of a reparative justice program through the South Burlington Community Justice Center. 11. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. MOTOR VEHICLE AND TRAFFIC ORDINANCE 5 City of South Burlington Ordinance 12. Repeal The Motor Vehicle and Traffic Regulation Ordinance of the City of South Burlington adopted April 28, 1958 and as amended from time to time thereafter, is hereby repealed. Adopted at South Burlington, Vermont, this ___ day of ________________________, 2019, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Helen Riehle, Chair Thomas Chittenden _____________________________________ ____________________________________ Meaghan Emery, Vice-Chair Dave Kaufman _____________________________________ Tim Barritt, Clerk Received and recorded this ______ day of ________________________, 2019. _____________________________________ Donna Kinville, City Clerk