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HomeMy WebLinkAboutMinutes - City Council - 04/05/1999CITY COUNCIL 5 APRIL 1999 The South Burlington City Council held a regular meeting on Monday, 5 April 1999, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: James Condos, Acting Chair; Joan Britt, Terrance Sheahan Also Present: Charles Hafter, City Manager; Peter Bestenbostel, Asst. City Mgr., Albert Audette, Street Dept; Joe Weith, City Planner; Bruce O'Neill, Recreation Department; Anna Johnston, The Other Paper; Free Press; David Kitchell, Bonnie Gordon, Lisa Yankowski, Andy Johnson, Jeramy Hammer, Diane Bacon, Theresia Hoeck, Ellen Bernstein, Ron Manganili, Mark Furnari, Susan Schufel, Larry Kupferman, Bill Bull, Joni Av Rutick, Sharon Behar, Barbara Pilman, Alysia Chapman, Bill Knoff, E. W. Moss, A. Huson, Jen Simon, James Mix, Victoria Cabot, Anne Marie & Donald Crawford, Elizabeth Bernstein, Eugene Sapadin, Marjorie Westphal, Maureen Gour, Shain Nolan, Gary Causer, Gwendolyn Neff, Eileen Whitney, Melissa Pinard, Chris Ryan, Sara Terhune, Karen Cloutier, Paul Andrew, Reg Whitson Maureen, Timma, and Barry Genzlinger, Petra Lancaster, Thomas Forbes, Lynn Vera, Ellen & Janie Kirschner, Pam Gale, J. Ladd, Nancy Owens, Susan Deacon, Todd Bailey, Lauren McInerney, Scott Long, Darlene LeClair, Rebecca Fallur, Jean Hunt, Aaron Manck, Joseph Ibrahim, Debra Kaiser, Terry Ashline, Kenn Sassorossi, Gregg Punchar, Julie Dederer, Ellen Powell, Amy Zimmerman, Michael Holland, Janice Bloom, Allison Goss, Jed Lowy, Paul Cantor, Frank Paris, Mark Abrams, Yiota Ahladas, Dan Connolly, David Forbes, Dan Cook, Sheldon Katz, Martin Kuehne, James Dunn, Katie Schultz, Channel 17 1. Comments and Questions from the Audience (not related to Agenda items): Ms. Johnston asked about whether anyone had checked on future Airport expansion which might result in homes being taken. Mr. Hafter said he had and was told there are no concrete plans but that in the future the Airport would like to own all the Airport Drive property in question. Mr. Condos added that this was a long way in the future. Ms. Johnston asked if the going price is 20% over appraised value. Mr. Condos did not know. 2. Announcements & City Manager's Report: Members advised of the following upcoming meetings: Channel 17 Board - April 15, 11:45 a.m. Regional Planning Commission - 25 April. Status of the Regional Plan update should be available at that meeting Steering Committee - 4/8, 7:30 p.m. - Budget presentation. Correction Center Liaison Committee - 4/12, 4 p.m. A meeting on alternative parking for Burlington Airport, 4/14, 7 p.m., South Burlington City Hall Mr. Hafter noted that the Bartlett Bay Wastewater Plant work is a little behind schedule. Dog and cat licenses were due on 1 April. There is now a penalty for lateness. 3. Public Hearing on Amendment of Ordinance Regulating Conduct in South Burlington Parks requiring dogs to be on a lease in Red Rocks and Dorset Parks; second reading: Mr. Condos read the proposed amendment. He then asked for public comment. The following audience input was received: Mr. Forbes: Queen City Park resident, asked what the ordinance would accomplish. He felt dogs are more prone to aggression when on a leash. Also felt there are more constructive reactions to the problem such as asking neighboring communities to be more accountable and using volunteerism to patrol the parks. Costs for park use could also be increased to provide amenities for dog owners. Mr. Connolly: has walked dog in park since it was a puppy and felt it was too bad a few thoughtless people will ruin it for all the others. Felt it was good exercise for him as well as for his dog. Felt it was punitive not to allow park use because of development. Said the park is now an urban wetland and subject to attendant problems. He gave the Council information on volunteer committees in Seattle. Katy Schultz: Burlington resident. Asked the Council to hold off on making a decision. There is a petition in Burlington asking the Burlington City Council for areas for off-lease activities. Asked for a chance to see that happen. Agreed with volunteerism and would pay more to use Red Rocks and would volunteer, even if not a South Burlington resident. Bill Knoff: On S. Burlington Parks Committee. Has used Red Rocks to repair a damaged ego, walks there every week and has done a photo essay on park. Did not feel dogs a threat to the park. Said he has been bothered by dogs only once. Felt dogs off leash are calmer and that bicycles are more of a threat. Ellen Bernstein: has used park for 20 years. In past, dogs not a problem, but since Burlington passed its ordinance there are now 20 or more cars with 1- 3 dogs per car. Has had her clothes ripped and dirtied by jumping dogs. Didn't think owners can clean up after dogs if they don't know where dogs have been. Thinks there should be a place for dogs to run free, but not in Red Rocks. Ron Manganello: Has had frightening experiences with dogs in Red Rocks. Said there are people bringing as many as 7 dogs into the park. Also noted areas look like someone took a chain saw to growing things. Susan Schonfeld: Never used to be concerned with meeting dogs in Red Rocks, but in last year has been threatened by dogs not on leash. No longer a relaxing experience to go into park. Volume of dogs is damaging the environment. Joni AvRutik: Home backs up to the park. Has never been bitten by a dog in park but has been jumped on and nipped at. Felt number of dogs in park is disproportionate to size of park, especially since Burlington built the condos. Has counted as many as 60 dogs in 60 minutes. Felt the proposed law would put Red Rocks on same playing ground as other places. Concerned with environment and dog waste getting onto the beach and into the lake. Rarely sees anyone using a scooper. Sharon Behar: QCP resident. Uses park 2 or 3 times a week. At least 25% of time gets jumped on or growled at by unleashed dogs. Would like to see a place for dogs to run free but not here. Felt they are also dangerous on bike paths. Felt dogs also threaten wildlife. Victoria Cabot: felt she is an exemplary dog owner. Uses park during her lunch hour and cleans up after her dog. Feels it is a safe place to walk. Would pay a higher fee. Felt it was good to hear both points of view. Frank Paris: uses Szymanski park and has been threatened by dogs there. Loves dogs, but feels they are threatening the environment as well. People not from the area let dogs run loose in park. Recommended a place for the dogs where people would pay to clean up the mess. Paul Carter: rides bike path every day. Wife walks dog along path. Their small dog was attacked by an unleashed larger dog and very badly hurt. Anne Marie Crawford: walks in Red Rocks at least once a week with dog that is always leashed. Felt it is intimidating to come upon an unleashed dog. Favors the amendment. Felt park is deteriorating because of dogs. Don Crawford: Runs in park 2-3 times a week. Is now a frightening experience when a dog is between its owner and him. Has been jumped on. Owners don't clean up after dogs. Hoped for a win-win situation. Elizabeth Bernstein: now a Burlington resident living between Red Rocks and Oakledge Park. Cited restorative power of being in woods, but acknowledged need to protect environment. Husband was bitten by a dog that was leashed. The problem is the animal's behavior, not the leash. Felt the problem was increased because the rest of the county doesn't have a responsible policy. Wanted to see Burlington and S. Burlington get together with animal control people and set up a committee to set a policy that respects needs of dogs, needs of humans, and the rest of the community. Eugene Sapadin: felt this is a problem of unintended consequences and that leashes were not the answer. Felt irresponsible people still wouldn't clean up after their dogs. Jed Lowy: QCP resident, spends a lot of time in park. Felt problem is the volume of dogs. Also felt people have a right to walk in the park without being jumped on by dogs. Suggested times when dogs can run free, possibly before 8 a.m. and after 6 p.m. Felt that would be easier to enforce. Yiota Ahladas: QCP resident. Uses park every day. Had to put up a fence to protect her property from dogs and now prefers to run in the street. Has been bitten 3 times by dogs in park. One owner of a dog that bit her treated her with hostility. No longer brings her children to the park. Wanted to see a place for dogs to run free, but not in the park. Allison Goss: walks in park every day, felt this is a bad way to address the problem. Felt that laws shouldn't be made for the few bad apples. Jeramy Hammer: said his dog did bite someone, but was on a leash at the time. Felt the problem is the volume of dogs which wouldn't be solved by leashes. Wanted to see a volunteer organization with clout. Jean Hunt: said she has aggressive dogs, so she doesn't walk in park. Appreciates Red Rocks as a natural area and doesn't want to see it destroyed. Liked idea of a separate time for dogs to run free. Mark Furnari: QCP resident living next to park. Also on committee. Recently did a survey: 75-85% of people using park not from S. Burlington (most from Burlington). Half of people entering park had dogs with them. Felt leash laws are for safety. He himself has been bitten twice in Red Rocks Park. Suggested licensing dogs to use park. Said 60-100 dogs a day use park; that's 60-100 piles of dog waste a day. Ellen Kirschner: QCP resident with 2 year old child. When child was a baby, had dog come at her, very scary situation. Felt the problem was the number of dogs and having them under control. Lynn Vera: QCP resident: property abuts ticket booth. Dogs come to her yard and run through flower beds. Owners are hostile. Felt the problem is mutually exclusive uses of park. Did not want to be jumped on any more or have her kids threatened. Also noted the smell from dog waste. Supported law. Don Cook: Shelburne resident who uses park consistently. Didn't think leash law the answer. Suggested a committee to come up with a recommendation. Liz Moss: Colchester resident, comes to park with dog to enjoy the park and always cleans up after her dog. Also helps clean up trash. Joanne Highcamp: Her dog one of those who bit Yiota, but was on leash at the time. Felt there would be no place in South Burlington where a dog could be off-leash. Felt a compromise needed. Wanted to be respectful of people who don't want to have dogs jump on them. Joanne Hunt: has a very sweet dog, uses park, feels safe there. Willing to help find another solution to problems. Felt more garbage cans would help. Willing to pay more to use park. Sheldon Katz: dog owner, noted dogs not welcome in many places. Has never personally seen a problem in the park. Didn't feel an open area would be good for dogs or people. Jamie Bloom: South Burlington Animal Control Officer, felt this is a very complicated issue but that the leash law won't help eliminate dog waste. Felt animal control needs more hours in park, 12 a week not enough. Majority of problems she deals with don't occur in parks, occur at people's homes. Also, a majority of dog bites occur when dogs on leashes. If a dog comes up to her on or off a leash, she tickets owner as the dog is not under control. Martin Kuehne: Burlington resident adjacent to park, has walked in park for 35 years, never witnessed a dog bite or fight. Noted large influx of dogs occurred when Burlington began to enforce its leash law. Said that with absence of dogs in Oakledge Park, are more vagrants and is more dangerous. Felt same would happen in S. Burlington. Jim Dunn: stopped using park because of problems with other dogs. Firm believer in leash law. Wants his kids to be able to enjoy parks. Lisa Yankowski: QCP resident on Red Rocks Committee. Thanked responsible dog owners. Said dogs do a lot of damage in park and also pose a safety issue. Red Rocks condo people also cause damage by making new trails into park. Bikers also a problem. Felt both groups have rights. Thought city might have to go back to the by-laws set up when park was purchased. Andy Johnson: QCP resident. Wife has been knocked over by dogs in park and has dogs run into his yard. Hates more laws, but would encourage this one to discourage people from other towns bringing their dogs to South Burlington. Larry Kupferman: QCP resident on Red Rocks Committee. Noted this park unlike others because it is so wooded. Would like to see a broader effort to manage the park, more trash containers as a start. Sharon Nolan: Milton resident, lived in S. Burlington 12 years. Felt what was heard tonight was stories, not facts and Council shouldn't make decisions based on emotions. Said there should be a committee to deal with facts and statistics. Mark Abrams: recent dog owner. Has mixed feelings. Has used Red Rocks but had no problems yet. Felt park is a beautiful resource. Felt restricting numbers would make sense. Suggested Professor Hudspeth at UVM as a resource who might have some good input. Mr. Condos then reviewed what other communities have in the way of laws affecting dogs: Essex Junction does not allow dogs in parks with or without leashes; Colchester has no leash law but dogs must be under owners' control, no dogs allowed on beach; Winooski Valley Park District has a leash law; Burlington has a leash law; Shelburne does not allow dogs on beach, requires all dogs to be under control. Mr. Condos noted that Red Rocks Park was bought in 1970 as a natural area. No domestic animals were allowed from 1973-1987. Mr. Condos said he spent 2 hours in the park yesterday and saw both good and bad. Was approached by loose dogs even before he got out of his car. One dog tried to get into car. Saw dogs on beach. Two dogs came at him barking, one friendly, one scary. Were not under owner's control. He felt the problem was one of numbers. Said the city tried educating owners, but this didn't work. Mr. O'Neill said he is concerned with protecting park users. Agreed the problem is irresponsible dog owners and lack of enforcement. Receives calls from parents who won't take kids to the park any more because of bad experiences. Mr. Condos said the city has made several attempts to talk with Mayor Clavelle and Mr. Mitchell and were told it's South Burlington's problem not theirs. He also cited problems at baseball fields where dogs run free in areas where kids then have to play ball. Mr. Sheahan moved to close the public hearing. Ms. Britt seconded. Motion passed unanimously. Mr. Sheahan felt this is a very difficult issue but that a leash law is very clear, "under control" is not. Ms. Britt said her concern was safety and that was critical. Ms. Bloom suggested limiting the park use to South Burlington residents and having more hours of enforcement. Mr. Hafter said the park was bought with federal money, so access can't be restricted. Mr. Condos read letters from three dog rescue groups who support the proposed leash law. He noted that comments tonight were just about 50-50. Ms. Britt said she would support people getting together to address the problem but in the meantime would like to try a leash law. Mr. Sheahan agreed and said the city has a responsibility to taxpayers who cannot use the park because of the dog situation. Mr. Condos agreed and added that he would be willing to reconsider if Burlington takes any action that might alleviate the problem. Ms. Britt said she would also be willing to look at a compromise based on hours of use. Mr. Sheahan moved to approve the amendment requiring dogs to be on a leash in Red Rocks and Dorset Parks. Ms. Britt seconded. Motion passed unanimously. 4. Consideration of approval of resolution for VDCP Grant Application Authority for affordable housing project, Williston Rd: Mr. Sassorossi said they are asking authority of the city to submit the application for 10 units of housing for handicapped young adults and 18 units of affordable housing and a single family unit. The grant must be submitted by 13 April. If successful, funds would be available in September. He noted they have applied for other funds as well. Ms. Owens said that with regard to SSTA use, all residents will be on Medicaid which provides free transport to and from medical appointments. For other uses, they would try to encourage sharing of rides so only one fee is charged. Ms. Britt asked when construction might start. Mr. Sassorossi said in late October. He noted they have reduced the number of rental units from 20 to 18. He added that South Burlington residents will have preference in applications. Preliminary plat is scheduled at the Planning Commission on 4/27. Ms. Britt moved to approve the resolution for the VDCP Grant Application Authority for affordable housing project as presented. Mr. Sheahan seconded. Motion passed unanimously. 6. Consideration of approval of warning for annual city meeting, 5/18/99: Ms. Vera asked that the voters be allowed to vote on the new public works facility. She said most of her neighbors feel the same way. Mr. Audette said he has heard the same thing from a lot of people. He noted there has been a 100% increase in equipment since 1968 and a 60% increase in the number of streets. There are now also 40 miles of sidewalks, rec paths, etc. Mr. Condos agreed on the need for a new facility. He questioned the timing because of a $24,000,000 school vote and with having so many dollar issues on the same ballot forcing some people to make a choice among worthy projects and needs. Mr. Audette said he spoke to school people who said "do what you have to do." He noted that this facility would also serve the school district. Mr. Sheahan moved to approve Warning B with amendment referencing a "public works facility" instead of "garage" at a cost not to exceed $2,000,000. Ms. Britt seconded. Motion passed unanimously. Ms. Britt then moved to approve the resolution as amended, changing "city garage" to "public works facility" and entering the amount as "not to exceed $2,000,000." Mr. Sheahan seconded. Motion passed unanimously. 5. First reading of two zoning amendments: 1) fence regulations and 2) to permit elementary and secondary schools as a conditional use in the Southeast Quadrant; schedule public hearing for 5/3/99: Mr. Weith noted that some rules would apply to all fences: they must go up to the property line, not on it; the good side must face the road or neighboring property. A fence over 4 ft. high would require a zoning permit. A fence over 8 ft. high would require approval of the Board of Adjustment. Mr. Sheahan moved to waive reading of the fence amendment and approve the first reading and schedule the public hearing for 3 May 1999. Ms. Britt seconded. Motion passed unanimously. Mr. Weith then reviewed the history of the school amendment. He noted it would not allow trade school or business schools, only elementary and secondary schools that meet state standards. Ms. Britt said she was concerned about this use and the possibility of it snowballing to other commercial uses. Mr. Condos said he couldn't see allowing public schools and not private schools. Members agreed to table the item until there was a full Board present and more information was available. Mr. Sheahan moved to table until further information available. Ms. Britt seconded. Motion passed unanimously. 7. Consideration of approval of corporate resolution opening brokerage account to sell outstanding shares of Blanchette gift: Mr. Hafter said the shares are worth about $3,000 and are part of the bequest to the Community Library. An account will be opened, the stock sold, and the account then closed. Ms. Britt moved to approve the resolution and authorize the Chair to sign it, clarifying that Margaret Picard and Peter Bestenbostel are certified to initiate the transaction. Mr. Sheahan seconded. Motion passed unanimously. 8. Review of proposed alternative locations for planned city center street east of the Blue Mall: This item was postponed due to late hour. 9. Information for Steering Committee Meeting: Mr. Condos said he reminded legislators that they are invited to attend. 10. Review Zoning Notices for public hearings on 4/12/99 and 4/26/99: No issues were raised. 11. Review Minutes of 15 March 1999: Ms. Britt moved to approve the Minutes of 15 March 1999 as presented. Mr. Sheahan seconded. Motion passed unanimously. 12. Sign Disbursement Orders: Disbursement orders were signed. 13. Liquor Control Board: Mr. Sheahan moved the Council adjourn and reconvene as Liquor Control Board. Ms. Britt seconded. Motion passed unanimously. Mr. Hafter presented a group of first and second class liquor license renewals and said they are all in order. Ms. Britt moved to approve first and second class liquor license renewals for the following: Airport Grocery Bournes Service Center Breadsmith Cactus Pete's Steakhouse Champlain Farms Champlain Valley Sunoco Colonial Mini Mart Cosmo's Diner Franny O's Gourmet Chinese Cuisine Grand Union Stores #1167 and 1814 Holiday Inn Jake's Bar & Grill Lilydale, Inc.One Flight Up Moon Meadow Organic Market Perry's Fish House Sheraton Vermont Corp T. J.'s Wine & Spirits The Pour House, Inc.Zachary's Pizza House Mr. Sheahan seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 11:25 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.