NO. M-9. AN ACT RELATING TO CITY OF BURLINGTON CHARTER.

(H.48)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. APPROVAL OF CHARTER AMENDMENT

The charter of the City of Burlington is amended as provided in this act. Proposals of amendment were approved by the voters on November 3, 1998.

Sec. 2. 24 App. V.S.A. chapter 3, § 81 of the Charter is amended to read:

§ 81. TAX CLASSIFICATION; REPEAL OF INVENTORY TAX

(a) Except for the property of utilities subject to the provisions of 30 V.S.A. Chapter 3, all personal and real property set out in the grand list which is not used as residential property, farmland, and vacant land zoned "recreation, conservation and open space (RCO)", shall be classified as nonresidential property and shall be assessed at one hundred twenty (120) percent of fair market value; and further provided that inventories and personal property belonging to an owner whose total personal property does not exceed the fair market value of $2,500 shall no longer be set out in the grand list of the city as taxable personal estate. Properties upon which in-lieu-of-tax payments are made shall be likewise classified and assessed for the purposes of such payments.

(b) For the purposes of this section, "residential property" is hereby defined to include all property used for dwelling purposes including accessory property which is subordinate to or customarily incidental to the main residential use such as garages and outbuildings. Where a property is used for both residential and nonresidential purposes, then it shall be apportioned according to such uses and then classified and assessed as herein provided. Notwithstanding the foregoing, for the sole purpose of calculating the educational grand list and for the assessment of property taxes for education purposes under Act 60, so-called, as the same may be amended from time to time, all nonresidential properties as above defined shall be assessed at one hundred (100%) percent of fair market value.

Sec. 3. 24 App. V.S.A. chapter 3, § 321 of the Charter is amended to read:

§ 321. CREATION OF DOWNTOWN IMPROVEMENT DISTRICT,

CHURCH STREET MARKETPLACE DISTRICT AND

MARKETPLACE

(a) There is hereby created in the City of Burlington a special district to be known as the downtown improvement district, such district to be bounded by the shoreline of Lake Champlain on the west, the north property lines of properties fronting on Pearl Street on the north, the east property lines of properties fronting on SouthWinooski Avenue on the east, and the south property lines of properties fronting on Main Street to the intersection of Battery Street and then extending southerly to include properties fronting on Maple Street, on the south. The church street marketplace district defined below shall also be included within the downtown improvement district.

(a)(b) There is hereby created in the City of Burlington and within the downtown improvement district a special district to be known as the Church Street Marketplace District (district) which includes all of Church Street and the properties which have frontage thereon bounded on the north by the northernmost property line of properties bounded by Church and Pearl Streets, and bounded on the south by the southernmost property lines of properties at the northern corners of the Church and Main Street intersection, and more precisely shown on a plan entitled "Church Street Marketplace District" recorded with the clerk/treasurer of the City of Burlington on June 27, 1979.

(b)(c) The Church Street Marketplace (marketplace) shall be that section of the district now or hereafter under the direct control of the City of Burlington including but not limited to the Church Street right-of-way and adjacent sidewalks.

Sec. 4. 24 App. V.S.A. chapter 3, § 322 of the Charter is amended to read:

§ 322. ESTABLISHMENT OF COMMISSION

There shall be maintained in the City of Burlington a Church Street Marketplace Commission consisting of seven nine legal voters of the State of Vermont, not less than five of whom must be legal voters of the city, who shall be appointed by the city council. On the first Monday in June, 1993, the city council shall appoint four commissioners, three for a three year three-year term and one for a four year four-year term. On the first Monday in June, 1994, the city council shall appoint one commissioner for a three year three-year term and on the first Monday in June, 1995, the city council shall appoint two commissioners for three year three-year terms. On the first Monday in June, 1999 the city council shall appoint two commissioners for a two-year term. Thereafter, all appointments shall be for three year three-year terms and commissioners shall serve from the first day of July following their appointment and until their successors are duly appointed and have qualified. Appointments shall be made so that no more than four of the commissioners shall at any one time be from the same political party. Two members at all times shall be proprietors or managers of retail businesses which are within the Church Street Marketplace District and such members need not be residents of Burlington. Two members at all times shall be proprietors or managers of retail businesses which are within the district downtown improvement district, with one of such members being located within the downtown improvement district but outside the boundaries of the Church Street Marketplace and such members need not be residents of Burlington. The commission shall organize by the election of a chair and vice-chair and by the appointment of a clerk and a treasurer. The clerk shall keep a written record of the proceedings of the commission, such record to be the property of the city. The clerk need not be a member of the commission. The manner of removal of commissioners and filling of vacancies shall be as provided in sections 129 and 130 of this charter, and the commissioners shall, except as otherwise herein expressly provided, be subject to all other provisions of this charter relating to public officers.

Sec. 5. 24 App. V.S.A. chapter 3, § 323 of the Charter is amended to read:

§ 323. EXPANSION OF CHURCH STREET MARKETPLACE DISTRICT

AND/OR MARKETPLACE

(a) Upon recommendation of a majority of the commission to the city council, the boundaries of the Church Street Marketplace district may be expanded. Said boundaries may be expanded only if all the following conditions are met:

(1) Notification of the consideration of the expansion is given in writing to all persons owning property in the contemplated area of expansion;

(2) A legally warned public hearing on the question is conducted;

(3) Two-thirds of the membership of the city council present and voting approve the extension; and

(4) The expanded boundaries do not extend beyond the boundaries of the central business of the downtown improvement district more precisely shown on a plan entitled "Comprehensive Zoning Map of Burlington, Vermont" recorded with the clerk/treasurer of the City of Burlington on April 26, 1973 above defined.

(b) Upon advice of the commission to the city council, that section of the district now or hereafter defined as the marketplace may be expanded or, not within the downtown improvement district, subject to the same restrictions listed under (a) above.

Sec. 6. 24 App. V.S.A. chapter 3, § 324 of the Charter is amended to read:

§ 324. PURPOSES AND POWERS

(a) Subject to the orders and ordinances of the city council, the commission shall have the responsibility to establish, improve and maintain a marketplace within the district, provided that the commission shall not undertake to assume its responsibilities, rights, powers and duties until given such authority pursuant to a fully adopted resolution of the city council.

(b) In furtherance of its purpose, the commission shall, subject to the orders and ordinances of the city council, have the following rights, powers and duties:

* * * [Text Not Reproduced] * * *

(5) To prohibit in whole or in part vehicular traffic, other than motor vehicle traffic, on the marketplace, and to recommend to the traffic commission public works commission the prohibition or regulation of motor vehicle traffic within the downtown improvement district;

* * * [Text Not Reproduced] * * *

(7) To make such improvements within the Church Street Marketplace district as are necessary or convenient to the operation of the marketplace;

* * * [Text Not Reproduced] * * *

Sec. 7. 24 App. V.S.A. chapter 3, § 325 of the Charter is amended to read:

§ 325. ANNUAL TAXATION FOR DOWNTOWN IMPROVEMENT

DISTRICT; FREE PARKING FOR TWO HOURS IN PUBLIC LOTS

AND GARAGES; ANNUAL BUDGET OF CHURCH STREET

MARKETPLACE DISTRICT

(a) The Church Street Marketplace commission shall annually recommend and the city council shall annually assess upon nonresidential properties (as defined in Sec. 81 hereof) located within the downtown improvement district a tax upon the dollar of the property grand list to be used for the herein enumerated purposes of the downtown improvement district, which tax shall not exceed $0.12 unless a larger amount has been authorized by the city council upon affirmative recommendation of the Church Street Marketplace commission. The revenues from such tax will be utilized for the purpose of providing a parking program which shall include not less than two free hours of parking for anyone parking in any designated municipally or privately owned or operated parking garage or parking lot located within the downtown improvement district pursuant to regulations to be established by the public works commission.

(b) Annual budget. The commission shall prepare an operating budget for each fiscal year showing the proposed expenditures and anticipated receipts of such year. The estimated net cost of operation of the marketplace, after taking account of all anticipated receipts available to meet such cost, shall, on or before the fifteenth day of April, 1980, and annually thereafter, be reported to the mayor to be incorporated, with such changes as he deems expedient, into the annual budget to be submitted to the city council for the next fiscal year. In adopting an appropriation for operation of the marketplace, the city council shall not determine that any portion thereof be raised by the city tax levy.

Sec. 8. EFFECTIVE DATE

This act shall take effect upon passage.

Approved: June 1, 1999