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HomeMy WebLinkAbout2007-02-05 (Regular) Meeting Minutes• 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regul ar S111lon February 5, 2007 The regular meeting of the Englewood City Council was call ed to order by Mayor Wolosyn at 7:37 p.m. 2. lnvocatlun The invocation was given by Council Member Barrent ine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4. Roll Call Present: Counc il Members Toma sso , Moore, Barrent ine, Oa kley , Mccasl in , Woodward , Wolosyn Absen t: • A quorum was present. None • Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Serv ices Director Kohm , Public Works Senior Planner Langon, Community Development Manager Sti ll, Commun ity Development Director Gryglew lcz, Finance and Admin istrat iv e Services Police Sergeant Condreay , Safety Se rvi ces Fire Division Ch ief Pallarozzi , Safety Serv ices 5. Consideration of Minute • of Pre vious Se11lon (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDleD, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 16, 2007, Mayor Wolosyn asked if there was any discussion . There was none . Voto re■ulta: Ayes : Na ys : Abstain . Council Members McCasiln, Wolosyn , Woodward , Tomasso, Oak ley None Council Member Barrentine , Moore Motion carried . 6. Rocognltion of Scheduled Public Comm1nt (a) Daryl Kinton, an RTD Board Member , said t would Ilka to take this minute to recogn lze ... We started a new th ing at RTD th is year ... the RTD board ... we started ... an award to recogn ize in dividuals and Englewood City Council February 5, 2007 P1g12 organizations lhal have been champions of transit. Englewood wa s nor ninaled for a varialy of reasons . The City has been very forward In transit with this development lhal we s::;-:1d on right here and with the work, which started when Tom Burns was Mayor ... And even as receiliy as ... you Kn ow ... l had the opportunity lo work with the City management people lhal wera working on a recent i:;sue lhal RTD had with this contractor, wh ich affecled ... was actually In lhe City of Englawood ... bul ii aclua rl y affected only Denver resld~nls ... well ii didn't actually affect any Denver residents but never-the-less lhe C,11 ~r E, :gl3wood was extremely cooperative in helping RT □ lo resolve an issue lhal looked, you know, orlg ine•!y :::o. ,1 was go ing to go on for years . In honor of lhal, I would like to present the City of Englewood with this first annual 2006 Champions of Transit award, for the City of Englewood . Mayor Woiosyn said thank you Daryl, and thank you for everything you do for us . There was a round of applause . Member Woodward said that I would like lo say thank you Daryl for be ing a RTD board coramissioner, representing Englewood , and doing the job that you do . (b) Leslie Fishbein , of Kacey's Fine Furniture, said I'm here to say than ,,.,,,, ;r, i1 ~ r;,ty of Englewood . We'd like to appreclale all th&I everyone has done for us . Darren Hollir,£: won\,, and a lo: of the economic development orogram , because we will be the new den izens of Englewood anr to give you an idea , we feel lhal we're very, very competilive ... someone's who's very ... a company lhal is gc ,od for our employees ... we 're an ESOP , Employee Sloe~ Owne,ship Program plan . We give great oonefils. Las• year, we paid over $800,000.00 in medical benefits . We ·,; oe bring ing about 75 lo 80 people initially on site . We have been located, since 1986, down Santa Fe so we'll be moving up a little bit on Santa Fe . We are going to be relocating our warehouse and distribution facilities to Dartmouth and Platte River Dr. So we're thr ill ed . As you know, or may not know, the facility that we're al now and have been forever on Santa Fe is going to be • demolished. And I think ii wlil be a marvelous project for everybody. ii will certainly look better than the old • Gates project. So we just wanted tr say thank you . Everyone in Englewood has just been more than gracious and helpful. We hope lo be moving in by June 1 ", because by June 30'" lhe wrecking ball will be coming for that. So again , we just wanted to say thank yo u . I understand the conlroversy about the dogs. I don't own a dog . I hope you guys work it out . I'm not going to have dogs at our warehouse . It's okay . And I don't have a statement about that. I have one other thing lo say. This is democracy al ils grass roots level. Isn 't ii fascinating? No wonder why il's not going to happen in Iraq . It 's just not. But agai11, thank you all very much for everything you have done . We hope lo be great denizens of the City of Englewood and as a Denver native, I'm thrilled lo be moving lo Englewood . Thank you . Mayor Woiosyn said I would like to welcome you and thank you for coming oul tonight lo introduce yourself. We are very glad to have you . Ms . Fishbein said I know that you are nol supposed to have graft or corruption bul you each have little coffee cups, wilh Hershey's candies . 7. Recognition of Unscheduled Public Comment (a) Sam Waggoner, an Englewood re sidenl, sa'd right off lhe bal I would lik , to thank you gu 1•, for the snow removal for the first lwo weeks of lhe storm . And after lhal point , I would like lo know what the plans are for future snow removal and getting the ice up . I have left a couple of messages on the snow line, asked for a response and did not gel any response . \ ie have been fighting our street, and I don 't know how the rest of Eng ' •wood Is, but we have d number of ice chunko that have been pushed up in the last week, covering elde,1y's driveways. All of lhe ladies lhal live across the street from me are all single ... elderly ... we have ona male on lhal side of the street. We have been cleaning oul their driveways for them . After the Ice was pul up 0,1 there, we gal one lady on the corner of Eastman, who because of the way the plow performed and didn't perforrn ... lhey have been driving over her lawn ... because the snow has not been removed . Today, lhry finally came and removed lhal pile of snow. But a number of the residents on South Race Street are wondering what happened in the last four storms lhal it didn't gel cleared in Iha same re sponse lhal ii did In ti :e first two storms? • Mayor Woiosyn responded that we don't uscally engage in dialogue al this point of the meeting ~'II al th e end of our study session, we did have an update of snow removal. I'm go in g to ask Rick Kahm , our Public Worv s Director, maybe l o speak to you outs ide about it. We got an update so he can tell you where we 're going Mr. Waggoner sa id I'd appreciate that. Thank you . Mayor Wolosyn sa id thank you for coming out and thank you for understanding whal a hard job ii Is . • • • Englewood City Council February 5, 2007 Page3 (b) Joshua Lanzetta, an Englewood resident, sa id I dlt ·1 rc rJ lze that th is was going on with the dogs tonight so I'll try to be briet . Basically, I'm here to talk to yo J, or ask, tt,e t you consider changing the zoning In Englewood, concern ing the amount of veh icles that on,; nerson ca,, own . I would like to give you an exainple of what's going on, on our street. For the lest six years ... l'-,e only oeen llvlng th6re for six months ... and I could probably say that I'm living there as a direcl 1~•,,•on se 1, this , because the people whose home that I bought, moved out because of what 's going on . Baslcslly . foe u,e last six years , there's been a gentleman at 3218 South Pennsylvan ia, who has 15 to 18 vehicles pa rb, on his lawn , front yard , back yard , on the street , and around the block . I just don 't think that this is appropriate for a residential neighborhood . We have a few concerns , just as ne ighbors . Bas ically, we have water pooling under his tires . We 1·ave oil on the roads . We have ridiculous ice, probably a fool and a half of ice, because the drains are lmped&d by the vehicles . The vehicles never move . They're inoperable . They 're towed around basically to kind of gel around zoning and arn ·Jn d code enforcement, because if they're moved periodicall y, they aren't abl e to enforce the code . ii.a r.rJe is generally Inadequate and there is a huge safely cuncern on our street . The plows, I mean, we have ... ll's a pedestrian way ... ln the middle of our street right now because these vehicles ... plows can 't gel around them; you can 't drive around them . It is very unsightly . And the citizen who owns all of these cars . they're basically , for a lack of a belier term , are rust backets . They don 't run . They don 't mov e. There ;,re pl \ures of the same vehicles, in the same place, on the property from six years ago . They ha ve never Ileen r,i,·,e d. And code enforcement cannot get on the property because of a lack of a se ,•rch warrant. They can't , ol;viously, trespass . There is ki nd of a security fence up tha l the citize n has put into p.ace, to try to bas ically block code enforcement from being able to see if l~e veh ic les are reg is tered, licensed, that sort of th ing . So my suggestion, and I'm not sugge sting that we become Highlands Ranch an d h~ve a bunch of restr ictive covenants, but I am suggesting that the code be amended lo either limit the amount o, ·:ehicles that one person can own , or, to have some type of three strikes and your out system, with one vehicl e that may be , somehow , you know, not up to code . I was told , the last ti l':1'3 that I was here , three i-.i o '.hs ego, this p1 .:>bably wouldn't be a good situa ti on lo bring up publicly , for fear of retrib ut ion or things of that nature . I can say that my neighbors aren 't tha t worried about that . But I think that th ere Is a kind of apathetic kind of environment right now because I know of al least ten neighbors , that have callea in repeatedly, trying lo say hey these cars are in violation; they're in the way; we can't plow ; the street sweepers can 't get through ; you know, there Is mosquito larvae under them ; there 's Just garbage in the b8c'·.s of them ; and code enforcement just never come s down . And, I just. .. there needs to be a zoning amendment. Thal is the only way . I've talked with Sergeant Condreay . :·v e spoken with Mr . Tomasso , Mr. Mccaslin and , It's a large undertaking , I understand that , but something needs to be done . It 's just. .. There is bad faith . If the guy had a three car garage, let's say, if he has enough money to buy all of these old vehicles, al let 's say five hundred bucks a pop , that's easy a three or four car garage in the back. At least , put them away . Build a driveway . Park lherr, on the driveway . Keep it a little clean . We had cars parked parallel to the road, In the front ya,d, for like , the first six months that I lived here . After the last meeting , somehow he got word that I was here , even though I wasn't abl e to speak , and they moved those vehicles . I mean , they're up around th e block . It's ridiculous . It really is ridiculous . So that's really my request , just to please consider changing the zoning . I would be more than willing to volunteer some time. I have some extens ive experience with land use , law and planning . So let me know if you want a brief or something or some suggestions . And I would also like to say, publicly, the last time I was here , I did want to speak publicly but I was railroaded a bit. And I feel like there are certa in Council members that need to know that when you are here , serving the City of Englewood . it's inappropriate to say , you know, there might be retributions . You should probably take care of th is, not al a public level ; not in the forum. It's the democratic process . We need th is ... as a City and as a democracy, So , I would like to say to Councilwoman Barrentine that if you are going to continue to serve for the public, please let everyone speak . Thanks a lot. I appreciate It. Mayor Wolosyn said thank you and as you know, we don't usually engage in dialogue a! th is point , but it may and probably will, come up at the end of the meeting, in Council choice. And If you don't stay for the whole meeting , WR'!I make sure someone calls you and lets you know . Mr . Lanzetta said I'm polng to head out , but I would appreciate that . Mayor Wolosyn sa id one of the Counc il people will ge t in touch with you . Mr . Lanzetta said good luck dog people . Mayor Wolosyn said thank you . There were no other unscheduled speakers . ti. Communlcatlona, Proclamatlona and Appointment• Englewood City Council February 5, 2007 P1g14 (a) AA E-mail from Erik Foster announcing his res ignation from the Liquor Licensing Authority was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF ERIK FOSTER FROM THE LIQUOR LICENSING AUTHORITY . Mayor Wolosyn asked for comment or discussion . Mayor Wolosyn said I wish Erik well . He was a nice addition lo the two boards that he served on . Motion carried . Ayes : Council Members Barrent ine , Mccaslin, Moore , Wo iosyn , Woodward , Tomasso , Oakley Nays: None COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (b) THROUGH 8 (gg) · RESOLUTION NOS , 4 THROUGH 35 , (b) RESOLUTION NO . 4, SERIES OF 2007 A RESOLUTION REAPPOINTING MARK AOAMS TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . (c) RESOLUTION NO . 5, SERIES OF 2007 A RESOLUTION APPOINTING ANDY BERGER TO THE TR!'NSPORl ATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (d) RESOLUTION NO . 6, SERIES OF 2007 A RESOLUTION APPOINTING KF.N BRONSON TO THE ELECTION COMMISSION OF THE CITY ')F ENGLEWOOD , COLORADO . (e) RESOLUTION NO . 7, SERIES OF 2007 A RESOLUTION APPOINTING KEN BRONSON TO THE KEEP ENGLEWOOD 8EAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (f) RESOLUTION NO . 8, SERIES OF 2007 A RESOLUTION REAPPOINTING TOM BURNS TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (g) RESOLUTION NO . 9, SERIES OF 2007 A RESOLUTION APPOINTING VIC CALONDER AS AN ALTERNATE MEMBER TO THE PLANNING AND ~ONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (h) RESOLUTION NO . 10, SERIES OF 2007 • • A RESOLUTION REAPPOINTING ROBERT CAS SIDY TO THE WATE R AND SEWER BOARD FOR THE CITY • OF ENGLEWOOD, COLORA!:>O. (i) RESOLUTION NO . 11, SERIES OF 2007 • • • Englewood City Council February 5, 2007 Pages A RESOLUTION REAPPOINTING DOUGLAS COHN TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORl.00 . 0) RESOLUTION NO . 12 , SERIES OF 2007 A RESOLUTION APPOINTING SUNSHINE CROSS TO THE KEE? ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (k) RESOLUTION NO . 13 , SERIES OF 2007 /> RESOLUTION REAPPOINTING LEROY DAVAULT TO THE NON -EMERGENCY EMPLOYEES RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . (I) RESOLUTION NO . 14, SERIES OF 2007 A RESOLUTION APPOINTING JEANNETTE ESPINOZA AS At,1 AL TERNA TE MEMBER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR TH E CITY OF ENGLEWOOD , COLORADO . (m) RESOLUTION NO . 15, SERIES OF 2007 A RESOLUTION REAPPOINTING RON FISH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (n) RESOLliTION NO . 16, SER iES OF 2007 A RESOLUT!ON REAPPOINTING DANIEL LE GREGORY TO THE ENrLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (o) RESOLUTION NO . 17 , SERIES OF 2007 A RESOLUTION APPOINTING DIANA HELSTROM AS AN ALTERNATE MEMBER TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . (p) RESOLU TI ON NO . 18, SERIES OF 2007 A RESOLUTION APPOI NTING CnRIS HOAGLAND TO THE KEEP ENGLEWOOD BEAUT IFUL COMMISSION FOR THE CITY OF EN GLEWOOD, COLORADO . (q) RESOLUTION NO . 19, SERIES OF 2007 A RESOLUTION REAf'POINTI N3 DAN JENSEN TO THE ELECTION COMMISSION FOR THE CllY OF ENGLEWOOD, COLORADO . (r) RESOLUTION riv. 20, SERIES OF 2007 A RESOLUTION REAPPOINTING DARYL KINTON TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (s) RESOLUTION NO . 21, SERIES OF 2007 A RESOLUTION APPOINTING THOMAS KRUK TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLOR/>,,,o . (1) RESOLUTION NO . 22 , SERIES OF 2007 Englewood City Council February 5, 2007 l'agel A RESOLUTION RF.APPOINTING DEYO MCCULLOUGH TO THE MALLEY CENTER 'RUST FUND FOR THE CITY OF ENGLEWOOD , COLORADO . (u) RESOLUTION NO. l3, SERIES OF 2007 A RESOLUTION REAPPOINTING MARC IA O'BRIEN TO THE BOARD OF ADJUSTMEN T AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO . (v ) RESOLUTION NO . 24 , SERIES OF 2007 A RESOLUTION APPOINTING SUZANNE PURD Y AS AN AL TERNA TE MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD . (w) RESOLUTION NO . 25 , SERIES OF 2007 A RESOLUTION APPOINTING PATRICK RINGENBERG ER TO THE KEEP ENG LE 'u OD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (x ) RESOLUTION NO. 26, SERIES OF 2007 A RESOLUTION REAPPOINTING DON ROTH TO THE PLANNING AND ::ONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (y) RESOLUTION NO. 27 , SERIES OF 2007 • A RESOLUTION APPOINTING JEFF ROVNER TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION • FOR THE CITY OF ENGLEWOOD , COLORADO . (z) RESOLUTION NO . 28 , SERIES OF 2007 A RESOLUTION APPOINTING RONALD RUTHERFORD AS AN AL TERNA TE MEMBER TO THE CODE ENFORCEMENT ADVISOR Y COMMITTEE FOR THE CITY OF ENGLEWOOD . (aa) RESOLUTION NO . 29, SERIES OF 2007 A RESOLUTION APPOINTING RONA~D RUT HERFORD TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (bb) RESOLUTION NO . 30, SERIES 01' 2007 A RESOLUTION REAPPOINTING DAVID SPRECACE TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO. (cc) RESOLUTION NO . 31 , SERIES OF 2007 I> · -')LUTlv,\I APPOINTING JAMES WEEKS AS AN ALTERNATE MEMBER TO THE TRANSPORTATION A1,V,.;ORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (dd) RESOLUTION NO. 32 , SERIES OF 2007 A RESOLUTION APPOINTING JAMES WEEt<S TO THE ENGLEWOOD URBAN RENEWAL AUTHORITY . (ee) RESOLUTION NO . 33 , SERIES OF 2007 A RESOLUTION APPOl~!TING JILL WILSON TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . • • • • Englewood City Council February 5, 2007 Pege7 (ff) RESOLUTION NO . 34 , SERIES OF 2007 A RESOLUTION APPOINTING TOM WINTHROP TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (gg) RESOLUTION NO . 35 , SERIES OF 2007 A RESOLUTION APPOINTING JESSE WOLFF TO THE FIREFIGHTERS' PENSION BOARD FOR THE CITY OF EN GLEWOOD, COLORADO . Vote re • ults: Motion carried . Aye s: Council Members Barrentine , Mccasli n. Moore , Wolosyn , Wood• , 1, Tomasso , Oakley Nays : None Mayor Wolosyn presented the cert .f:cales and Mayor-Pro Tern Woodward pres,3nted the Clly pins to all the appo intees in attendar,ce . Mayor Wolosyn wanted to say , before I start the pres enlatlon , thank you all for coming out and volunteering to work on our boards and comm iss ions . We actually had so many people th is time that we didn 't have a perfect fit for everyone so we appreciate those of you who are go ing to serve . Ind ividuals were each called up and those in att endance were presen ted their certificate an d pin . Mayor Wolosyn sa id that covers ev eryone . We will make su re Iha! !he pins and cert ificates gel to both the reappointed and new members . I am really pleased so many people came and I look forwa rd to serv ing with you . Member Barrentine said congratulalirns le. all of you . There was a round of applause . 9. Consent Agenda (a) Approval of Ord inances on Firsl Read ing There were no add itional Items submitted for approval on first read ing . (See Ag enda Item 11 .) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) and 9 (c) (I). (b) Approval of Ordinances on Second Read ing (I) ORDINANCE NO . 3, SERIES OF 2007 (COUNCIL BILL NO . 1, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD , COLORADO . (c) Resolutions and Motions (i) A motion to approve a contract In the amount or $1 17,658 .00 with Hedr ick & Associates, LLC . for the des ign of "South Broadway Streetscape : Tufls to Belleview ." Vole results : Englewood City Council Februery 5, 2007 Pegel Motion carried . Ayes : Council Members Barrentine, Mccaslin, Mo~re, Woiosyn, Woodward , Tomasso , Oakley Nays : None 10. Public H-■rlng Item ■ (a) ,.,.9yor Woiosyn said this is a Public Hearing to Q•lher Input on Council Bill No. 5, authorizing the Denver Seminary Planned Unit Development Amendment 1. COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 5, AUTHORIZING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT AMENDMENT 1. Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried and the public hearing opened . All witnesse, were duly sworn . Senior Planner Langon said Iha issue before your consideration ton ight, in lhe first public hearing , is Council Bill No . 5. It is a request by Continuum Partners , who purchased the Denver Seminary site in 2005, to amend Iha orig inal Denver Seminary planned unit development, which Council approved by Ordinance No. 52 , Seri es of 2004 . I've already submitted, for the record, Proof of Publication that this Public Hearing was pub lished in the Englewood Herald on January 12 , 2007 and also a cerlificale of posting lhal four signs were posted on Iha property per ordinance , since January 21 , 2007 . I'm only going lo have a few comments this even ing and then I am going lo turn it over to Kevin Foltz , from Continuum Partners , who will discuss lhe proposed amendment in detail. The original PUD rezoned the site to allow or permit a proposed development. The original PUD remains in effect unless It is amended by the amendments in Number 1, as proposed . 1,n~ !he ameadrr.ents are specific amendments to the original PUD . The PUD process requires that the major amendments 1c, !he PUO are addressed through the same process as the original PUD . Therefore, a pre-application neighborhood meeting was held on October 12, 2006. The City rev iewed the project and then there was a Public Hearing held before the Plann ing and Zon ing Commission on December 5, 2006 and al that meeting, the Planning Commission recommended to forward the proposed Amendment 1 to Council , with a favorable recommendation . The Amendment 1 overview, the applicant proposes no changes to the general character to lhe development. There is still going to be for sale res idential development with a retail component. There are no changes to the allowed uses and no changes to the building heights , the signage , the fencing or density. What is proposed In Amendment 1 is alteration In the bu il ding configurations . In other words , the layout of the development Is altered. And with that, the building envelopes the areas within wh ich build ings can be bu ilt, landscaping setb eks, nd phasing are all being amended, as is reduction in re tail space and a corresponding reduction In retail parki0 g ratio . And there is also proposed a change in the lane configuration , al lhe Hampden and University lnterseclion , lo mitigate intersection conflicts . This is being required by the Colorado Department of Transportation . The Community Development Department recommends approval of the Denver Seminary PUD Amendment 1. II Is worthy of cons ideration and support as an improved layout that functions within the Intent of the original rezoning; an improved traffic pallem, not only within the site, but also externally; pos itive economic development to the City; posing choices and a quality product. If Council has questions for me, I'll be happy to address them . Otherwise, I'll turn it over lo Mr. Foltz from Continuum Partners . Mayor Wolosyn said thank you Tricia . Mr. Foltz said good evening . Thank you Ms . Langon . Thank you Council for hearing us tonight. We are very excited to be here. It has been a wonderful few months and the process of presenting our neighborhood to the Planning and Zoning Commission and also now to you . Before I get started, I would Ilka to again Introduce myself. I am the development director for Continuum Partners on the Kent Place project. I would like to Introduce the team who would be available for any qu estions ton ight , in addition to our presentation . From Continuum : Tom Gougeon, who is our chief development offic er , Justine W illman , who Is our project coordinator, Rob Straka and Jim Hartman , our conslruction managers/project managers . From Devld Owen • • • • • • Englewood City Council February 5, 2007 Page 9 Tryba Archllecl1: Deen Foreman, Iha lead archllecl, and Jeramy Blaker . Our civil engineering and landacep,ng engineering lend1cepe con1uilanl1 from MB Con1ulllng : David Cenler and SleY ,n Wilson . And, lasl bul r.ot leaal. from our lranaportalion eng ineering firm, Fox-Higgins Associalas : Sleva Tullr.:i i;:Q, again, lhan , vu ,. , would like lo lake you lhrough ... lirsl, a brief inlroduclion lo Conlinuum. Nol having dona devalopmer; ,, yo11 • City , I would like lo lake you lhrough jusl a couple of our projects, thal give you en example of some 11f lhe cheraclar and lhe allanlion lo design deleli and aualainable dealgn lhal we have carried forward !inc• our founding In 1997 . Conlinuum Is a Denver baaed company . We do ail of our projects In Iha Cily of Den1er, Iha City of Lakewood, Weslminaler, and now In Englewood. We are vary excited lo ba here . And we have a 16no standing commilmenl lo, as I aald, deaign archlleclUre, lo auslainable design and Iha conneclion between long lerm value This Is our firs! projecl since coming lo Denver ... 16 Markel Square, on lhe corners of 16" Slreel and Markel, In downtown Denver . II ls a mixlure of ground floor ralail, middle floors of office , class AA office space, and resldanlial units above . This la Iha Belmar Shopping Dislricl , Iha redevelopment of lhe old Villa ilalia , In Lakewood, al Iha corners of Wadsworth and Alameda . ti's , again , lhe redevelopmenl of 104 acre,; inlo office, relail , resldenlial dlalricl for lhe Cily of Lakewood . Anolher image of Iha central plaza space , a signii:c~nl focus on ail of our developments ; outdoor living space , outdoor gathering space and lhis is one of lhe plazas in lhal area . Bradburn Is a 126 acre mixed use development in Weslminsler . Single family residenlial, muilifamily residenlial, office and relali ... characler of lhe slreelscape was very, very imporlanl lo us . This is lhe Ari House projacl In downtown Denver ; 13 contemporary lown homes and lhe land development for 69 resldenlial unils ... affordable housing and The Museum of Contemporary Aris . So as you can see, many of our projects are in and around Denver. Those projects have won numerous awards, from agencies such as lhe Urban Land lnslilule, lhe American Planning Assoc iation , Congress of New Urban ism, lhe Economic Development Council, and lhe Denver Regional Council of Governments , jusl lo name a few. I wanted lo slarl here wilh an image of lhe old sile plan , as far as lhe old PUD , and I'll relate lhal lo lhe new plan , in its similarities . Bui I Jusl wanled lo nole , as a refresher , lhe original PUD called for aboul 65,000 square feel of relail , localed on Iha corner, and up lo lhree slories , In lwo buildings . ii also had 45 town homes, two and three story town homes ringing the site, aboul 20 feet from lhe property line, on each of lhe sides around lhe per imeter. And ii also had 350 units , In six lowers, around lhe cenler core, silling on lop of a podium , a garage ... a muili-slory garage podium , lhal had it access al a series of poinls around ii, a ring road . Nol having been lhe authors of lhe original PUD , Iha major areas of focus , once we acquired lhe land and began reviewing lhe PUD, firs! being scale reduclion , bolh residenlial and commercial. We anticipate a densily reduclion . We anlicipale a reduclion in the numbers of unils . We certainly are already achieving a reduclion in lhe commercial square foolage, from 65,000 down lo jusl over 51,000 . Our inillal goals were sel forward, in our firs! p,~ase , in lhe residenlial reduclion of scale, eliminaling lwo of lhe six lowers . So laking ii down from six lowers lo four planned lowers . The olher very important Improvement was and is traffic and parking circulation . We wanled lo nol have public and privale parking co-ex isling and causing problems for both Iha residenls and lhe way-finding lhroughoul lhe silo . So whal we have done, as you'll see is separate lhe lwo so lhal !hare's an ease of circuialion of parking ... an ease of finding parking lhroughoul lhe sile . And lhe lhird , and probably one of the most imporlanl, is phasing and schedule. By reducing the numbers of lowers , and reducing and re-planning lhe sile , we are able lo lake lhe project from whal we saw as a lhree phase projecl down lo a lwo phase projecl and possibly a seven year conslruclion duralion down to a five year . So we 're very exciled aboul pushing thal forward and I'll go lhrough lhe phasing In a mlnule. Again , anolher aerial showing lls localion . i lhink we ail know !hat it \ ~ lhe corners of Hampden , along Iha bollom, and Univr.rsily , along Iha right. A flip of orienlalion shows Hamp,;. eiong Iha lefl now and Univers il" diong Iha bollom, lo be consislenl wilh lhe PUD and lhe olher slides . If yo, . ~ember back to lhe original PUu, we're slill keeping Iha relali and commercial in lls original localion on the c~ •. ar, acling as a buffer In both sound and !raffle circulalion inlo lhe projecl from Iha corner. ma in lainlng lwo access poinls , one off of Unlverslly, one off of Hampden . The one off of Universily remains a full movemenl. .. i'm sorry, a lhree- quarter movement lnleraeclion inlo and oul of lhe project on Universily and a righl-in and right-oul drive lane off of Hampden . As I menlioned, we 've reduced lhese buildings down from lhree slory lo lwo slorles In a single building and lhen one alory on lhe lwo buildings lo Iha south. We also have lncorporaled a mixed use component inlo Iha towers, so we now have Iha flexlbllily In !his of aboul 4,000 square feet of commercial space , al Iha corner of lhal building, lo really creale a plaza feel, a lwo-sided relail center for Iha public . As you can see here , we 've reduced Iha firs! lwo lowers, down from lowers lo lown homes, and we 've kepi Iha lasl lwo lowers in their original condllion, original heigh!, and essenlially In Iha exacl same spot. The second phase of the projecl , which we will gel inlo, Is lhe unprogrammed envelops lhal we 'li lalk aboul in delail lonighl. .. lhal we 're hoping lo do what. .. lhe previous PUD did Is really establish a building envelope , In which we can build our sacond phase, nol knowing exacliy whal's coming In a unil mix and producl lype, excepl lhal we know Iha Englewood City Council February 5, 2007 Page 10 build ing heigh ts , and the bu ilding envelope ... The build ing he ight he• not changed from th n oriQl nal PUD . Th is building location , 1h11 large rectangu lar building , Is the orig inal PUD envelope and throug h lM ,educt ion or the town homes that were along the north race, we 're hoping to utilize some nex lblllty in th is ,, cfl'!a te a much more ... a much belier envlronment...tower en ·,lronment then previously approved through a lull build ing envelope . We 've ma inta ined the town homes along the westom border end some town hom es along the eastern border and the north-east corner . As I mentioned , phas ing 11 a big pert of the 1ucc.oo of 1h 11 project and we 're ab e to break this down Into, aga in, two phases ; the nrat be ing really Phase 1A end 1B . Phase 1A due to our use of an ex ist ing building on the sit e, through Iha partial construction of Iha fi rs• '1/l ase, Is ell of the retell , two towers , which Is about 90 res idential units , end about three-quarters or the towr omes , wh ich Is about 15 town home un its. The second pert or that , to be brought onllne shortly , right after demoli tion or th is building , are the remaining town homes and the row houses . And the second phase wh ich Is the rema inder or the town homes , both on the east and wes t, and the rema ining two lowers . Aga in, the town homes , I wanled lo go through a little bll of the parking ... how the parking lays out . If you didn't quite understand It through your review of the PUD amendment , Iha town homes be ing along the western face , the western perimeter , they park underground es des igned In the or iginal PUD, In garages ... privale garages that are accessed through a series of driveweys ... low grade drives that get you down into the town homes . Wha t we call row hou ,es , which I• another fancy name for town homes , but they 're localed in the heart of the project ; some face the perk, some face the street to help activate the street end create tha t street scepe . Those row houses park on an alley , at grade , In private garages , as well . So there Is a diffe rence between the perimeter row houses and these row houses but they create a mix of product. And then we have some down at the bollom that are parKed off or en alley , as well. The lower parking , for both the first phased lowers and the second phased towers , will be par ked in series of garages . The first phase is parked on a sing le le vel garage , accessed off of the street , so this Is again, street level, off of Univers ity and a full park ing garage , lhal par ks all or lowers one and two in tha t garage . Future park ing for Iha towers will be parked with in the envelop e, below th e en velope, In a two to three story • parking garage ; on e level above grade and one to two levels below crade . Vis itor and guest ps ,king is on the • street , wh ich is parallel park ing , shared use study fo r Iha reta il as well . Retail aga in, located 51 ,000 square feet , on the comer and partially in that corner of the tower , parks at grade , and one th ing that we 're able to do through th is, thd planning here , is add about 39 park ing spaces at grade, and al so put another park ing garage , at grade , ac'.essed from the south rather than circulating down two to three level s of park ing as it was origi nally designed . We 've now parked all or our retail parking al grade , with a shared park ing analys is or the entire site ; a mixture or office, restaurant and quick retail use . Dean Foreman is going lo take us through some architectural characterist ics and then I would like to ge t in to a little bit more of the neighborhood and the shadowing of Iha bu ildings . Mayor Wolosyn sa id than k you . Dean Foreman sa id I'm with David Owen Tryba Architects . I'm a pr inciple . I'm very happy to be here In front of you ton ight , present ing th is project. It's been a wonderful path so far and Iha project keeps gelling baller and I'm here to reassure you of that. We worked on this project orig inally with John Fors l,-n ann , when it came to the project , or to the City , and worked through the planning and :!On lng process and thro ugh City Coun cil , to come up with, what we thought was, a very interesting plan . One 1hat fit our category of design , which is heavily mixed use, urban projects and sem i-urban projects that re ,,lly ta ke prid e In the mixing of res idential, retail and the se types of environments . When they came to us with th is site, It was really our development of th is, with John Forstmann, that kind of came up with th is idea of a project that fit into a very important civ ic site , a very Important intersection , was able to mix uses in a more dense way , than what was th ere before but also tried to fit in well with its ne ighbors . Obv iously , you have one of Iha busiest Intersections in the City, at th is comer , and the original concept for putting retail up against that Intersection and protecting Iha res ident ial project from that was paramount , and II stays . The entrance ways that were there before are still the re now. The idea of a traffic signal, which was here before, Is still here now . The Idea of Improving th is lntorsectlon v.a s very important to us . very Important to the neighbors , and through the process that we went through to gel to this point and so , an entire decal lane into the project end a decal lane here ... an accel lane ... an Improvement of th is right tum lane which causes a lot of the back up Into th is intersection was added from the property, and so II was really given • from the property owner . And that lane was cont inued all the way across Hampden , Instead of com ing right out directly Into traffic . Again by tak ing propc,rty into the project and continued all the way around to the right, and even through the second process that we 've been throuJh , Increased on th is side so it really improves the traffic in and out of the site . And lastly , as a traffic Improvement, th is intersection was added a long left turn lene end e • • • Englewood City Council February 5, 2007 Page 11 modification of this lrafflc signal Is part of that as well. All of the widening of the street was taken on by th is property, and so we 're pretty proud of Iha fact that we 've tried to accommodate and Improve the Intersections and the street. The basic change In the project was to, because of the difficulty In phasing an entlra project within a central courtyard, to bring th is road through the project. Because the property •lopes, about 18 feet from this side to th is side, we're trying to take natural advantage of the site by ~'lowing the total separation of the park ing . The Idea of a turnaround here , and a turnaround now that was extended lnst~ad of here back to here, added more retail parking to the site and added a better sense 01 movement to the retail. .. the people who came here for retail purposes will clearly sign what 's going on as here as privato ... The retail Individual would drive in through here, looking for park ing spaces . If he couldn 't find one there and didn't want to enter this , he could turn around here , come back , try it again and again try It aga in here . As wa know, most people prefer to park on streets and so we are givi ng them as much opportun it y to do that as possible . Bui the parking garage below th is is really a direct access out , and the separation of that from the resid ential parking underneath, Is clear and totally separate. So there shouldn 't be any mixing of the two . The big change and what we 've done really Is the modification of the density of the west side of the project. We think that by doing that it gives a more hu•na,· scale to the elemen ts here and makes more out of the courtyard by instead of hav ing five and six sir,, y bulla ings here , keeping one and two story buildings along here with private courtyards . So the idea of the ~e nter courtyard , which has always been part of the project , retains a very, very stron~ presence here . If; could go through ... whal I'd like to do is really reas sure you as to the character of this arct,itecture . This is a z•ming Issue and not an architecture Issue . We specifically tried to avoid too much des cri pt io n of that architectur•. beyond some descriptions in the PUD . But I'm here to reassu re you, as is Continuum, that the design of these :: mainta ining the original concept , which is to keep this like a European village . We are trying to app eal to really high end buyers here , people who are moving down from bigger houses in the Cherry Creek area , and don 't want to move downtown ; don 't want to move out of town; want to slay in the neighborhoods that they're really from ; so we're try ing to give them a sense of the housing that they'll come from . Less maintenance , of course, with smaller un it s but no te the steep roofs, the picturesque character of the chimneys, the use of stucco , the use of stone surrounds around the windows , the overhang , the down spouts , the English character is what we 're really go ing after . We wanted to bring in some of the character of the DU architecture, some of the surrounding "igher end hous ing projects . and so th is is ... thesa are the slides thst we showed the original group and the pianning . They are still the slides that we are showing you now m,d I can assure you that thP architecture is moving in this direction . Again, I'm going to run through a series of photographs . These are projects done by an English architect named Vasey, and along with a couple of other English architects of the Craftsman Period, you'll notice some of the characteristics that we're trying hard to get into the architecture . Stone surrounds around doors . Nol necessarily a lot of br ick work and stone work, but what we 're trying to do is ga in a good banding of stone along the base and use it along with stucco in conjunct ion . And you can see how this is successfully used in some of these country manor homes , if you will. Again, these are some of the irr, ,.o s that we are directly relating the arch itecture from , the overhangs, the window surrounds , the use of getting the landscape right up next to the building , close in courtyards, and the character is what we're after. This was a slide, or a rendering that was done, as part of a ... kind of a preliminary idea of what we were accomplishing , or trying to accomplish, In the project. These were meant to represent the town homes and they are very similar to what we are still trying to maintain. Note the small residential street. We are trying to keep a very narrow sireel. We were originally try ing to get those streets al 20 feet wide . We've been asked to bring them out to 26 feel wide, for the benefit of the fire department but we 're still trying to maintain th is small scale , slow paced , residential character . These back roads will be Isolated by gates ; gates that will really keep the public out of these areas and create kin d of an enclave sense for this space . Again note the gardens being planted up against those . Now, here, this was representative of the previous build ing that had a five amJ six story structure here but now what we 're doing is really repeating this Imagery ocross on this side. So aga in, the intent aga in is a real small scale village . Now, mov ing into the garden aspects of the landscape , we have the csr•te,-courtyard and what we're ~ylng to do , again, Is keep with the English country Iheme; to create private er.ciaves of planting around garo ons, close In to buildings that you see here, have the kind of cha :acter that we 're talking about. Again , staying with the garden theme , we are planning a series of open spaces and enclosed spaces with trellises and garden areas that are really densely planted Inside the center courtyard. This is very typical of what we're trying to create , and we 'll show you a rendering In a second . Again , with the Idea that a pool mlght...will be on the property, perhaps water features , the ldei, of a gazebo at the end of !hat, creating focal points al the end of thes o public spaces . Water features . Aga in, this is one of the other renderings that we've presented before trying to Indicate somehow , to bring some of this country kind of arch itecture into high ris es , which Is definitely one of our challenges . But , com in g back in, you see , we're still trying to maintain the steep Englewood City Councll February 5, 2007 Page 12 roofs , the broken roof pitches, the gables at the top . Aga in, not to move it Into o more mode rn but keep It into a kind of a country theme here . Aga in, here you see the publ ic space , which originally was planned as kind of a large cµen space . As we go further Into the design, we're gr inding down Into th is and getting lighter and lighter and a nicer space design . And this is Indicative of where the courtyard stands now . This is the tower one and towar two . The entire courtyard here between them. The swimm ing pool , wh ich will be accessed dlracliy from the fitness center , within the Ors i floor ... actually the second floor of this tower . The way the section works , through this site now , lhls is actually on the second floor of the units . So you'll enter into the first floor, where you would gel into that public space but also some of the other units back here . Bui on the second floor as you move up , there is a large fitness area , with exercise rooms and changing rooms that empty directly out into the pool and the pool ls shared by these spaces. And then leading to more of a varied space with lawn spaces , garden spaces, lawn spaces ... trell ises at each end , to act as an enclosure for this . And again , you can see how these private terraces are working directly in relation to these gardens . Moving to the retail , again the imagery again comes from English retail spaces ... colorful awnings, open storefronts, pols with plantings right up next to the buildings . This is a project, Lake Forest, out of Illinois, and ii loo , is one of the images that we keep draw ing from . A focal po int being a lower at the end, and as we go back to the site plan , I'll show you how we're try ing to incorporate something like that into the project. But aga in, two story retail, possib le second story office space or spas or the type of office that we can get back up or reta il Into the second story . But really, a pr im ary small scale, resident ial scale, retail, of small store fronts with parking directly accessed to it. This is very indicative of what we 're trying lo create witil planting beds adjacent to the parking t,, soften that transition to the pedestrian w,,y. And again , notice the stonework . We 're definitely into this ... inlo the design of creating stone surrounds . ll ',! be moving in • :tucco but you notice the canopies . All of this creates a wonderful pedestrian atmosphere that will be a p· . th is village . We wanted to give you some taste of where we were in the des ign . And so these are the im•yes of the retail that we 're pulling togelh er now . Again , the tower here is a focal po int. This will be visible from the back side as well and becomes an iconic graphic image of the project. We kind of downplayed the trees , which will be in front of these but you can see, the repetitive storefronts , the sma ll er scale , the stone surrounds with the colorful awn ings . The imagery here of steep pitched roofs with tile , in the project. These are stone surrounds with stucco and a slonr •,ase following all the way across here . Then moving back into a little more rendered site plan, we're lryir J indicate a little bit more of the landscap ing that Is going on . Here you can see that we 're playi1g up the idea that this corner, as we turn the corner here, is a major public space and we're trying to play ,t up with a ... there 's a possible grocer that is lined up here, retail on the other side and retail along these sides, with head-in parking . Heavily planted, with some nice pedestrian ways, all away across here to make th is a very pleasant environment. Here again , you see the courtyard that I was referring to . Again this is on the second floor . It's out of the way of these ... there will be a gate structure , here, that will stop people from going back into these areas, if they don't belong . Those will be controlled through card readers . There will be another gale structure back in this area as the second phase comes in and temporarily there will be a gale struclure ... aclually perman ently there will be a gate structure here, but until the second phase goes, we'll be able lo turn around here and come back out onto the side . I'm happy to answer any questions you have about th e part icular architecture . Council Member Mccaslin said I have a question regarding the light on Un iversity ... how far is that from the light al the intersection at Hampden and University? Mr. Foreman responded the distance? Mr . Mccaslin said yes . Mr. Foreman said 500 feet. Mr . Mccaslin said I am Just worried about the back up , because I travel University to go lo work . Are you concerned about the back up there? Mr. Foreman said we actually , I believe , th e additional light will help the back up . Whal we found is, in studying the intersection , was that the very short right hand turn lane is very difficult lo gel to, and so when the traffic backs up, those proople that want lo turn right are unable lo do so and cause more back up . And that's true of the left hand t-.i rn lar e as well. With a very small tum lane there, there really isn 't any ability for people who want to go through , lo get through . And now we really, drastically , improved that. Mr. Mccaslin said thank you . • • Coun ,ii Membar Woodward said you 've actually added that lane with part of your property? Mr. Foreman said yes, correct. Mr . Woodward said so there's a whole new lane . Mr. Foreman said yes . Mr . Foltz said and straightened out the existing lanes. There was a jog ... slighl jog, with the other lanes , so by shifling ... by taking • some of our prope rty to shift the lanes , in alignment, with what is south of Hampden , ii allows for through traffic and ii allows us lo extend that left tum lane . Mr. Foreman added that the word from the traffic people Is that the added light will actually allow a window for those people, further on in Floyd, lo be able to gel in and ou t...wh ich we talked long and hard with these people, and have shown them our plans and have worked with them to • • • Englewood City Council February 5, 2007 Page 13 creale lhls current plan . Mr. Woodwart sa id you 've actually added more roadway going soulh and going lo lhe west. Anolh11r question I had, I'm sorry I missed II, Is lhe access coming from east Hampden , and lhen turning lo lhe rlghl or lhe east , and lhen lhe perking ... lhe extra parking for Iha res ldenllal, was lhel al slreel level or did lhal drop down? Mr. Foreman responded lhal lhls actually, because of lhe slope , from here to here, Is really a practical grede separation all by itself. So as you drive dlreclly In here and dlreclly lnlo there , you can 111s0 drive dlreclly lnlo h e,e and actually be a full level between lhem . Mr. Woodward said okay. Now driving from lhe Hampden slde ... okay ... no drlvln g ... and pulling lnlo the parking there, !hat's al slrael level? Does thal 0 o down? As I heard you say the open space above was on the second level. Is lhal correct? Mr. Foreman sala " is actually projected above this . There Is a slight down inlo lhis, bul we really wanted lo keep lhis al grade, because we feel lhat people, who park for retell , dnn 't wanl lo be In a garage unless they have to . Mr . Woodward inquired lhe screening around lhal; on , first fioor ... Mr . Foreman said we actually ha·,e some trees planted in front of lhis. There'll be some signage , r c,>urse, so it's visible for lhem lo do so and some way• find ing signage i•1 here and in here as well. Bui it s'.·, 1uld be a very direct and obviou s way in and out. Mr. Follz said il's a public garage so we wanl lo make sure lh , people understand lhal II is public and lhal lhey can go In lhere, if they don'I find a spol along lhe street. We know lhal if lhey can't find a spol along lhe slreel, and lhey can't find a spol here, there's no where else lo park . So ii Is in our besl interest lo make sure thal lhey can find lheir way around lhe site, very easily. Mr. Foreman said thal lhere is some discussion aboul even creating a valel parking here in case they really wanl to not handle the ir own car. They can jusl drop ii off, which is, as you've seen from Cherry Creek , becoming a vary popular thing . Council Member Mccaslin asked about lhe entrance righl lhere ... is lhat a round•aboul there? Where they come around ... lhal gated area? For residents lo go back in there , d, lhey have lo stop? I mean is there go ing to be any congestion there , wiln lhe round•about? Mr. Foltz said the y'll have access so lhat they'll have a lransmiller to open up their gales . So as lhey aprro1ch ii, lt,eir gales will open . Mr. Mccaslin said okay, so lhere won't be backlog as far as people gelling .. Mr. Follz said also, access through here as well . We're really dividing up all of lhe access . And this access along here is really only for lhe town homes and row houses along thal side. Everybody else will be parking al gra.dc. Mr. Foreman said lhal's visitor park ing along there . Mr. Mccaslin said lhank you . Council Member Tomasso said so for lhe visllor parking for lhe row houses , er.II ahead on their cell phone and they come out and ... Mr. Follz said either lhal or they'll go through a lelecom gate lhal lhey can dial up lhal unil for dial up lo lhe 24 hour floor allendant. Council Member Oakley said I would like to commend you for adding lhe exlra lane al lhe expense of your building property. You don't see lhis very oflen . Mr. Foreman said well , lhe first time through lhere was a lol of discussion aboul traffic, and a lol of concern . We really worked hard wilh the neighhors and even wllh neighbors wilh hiring their own consu llanls, lo work through some of these issues . I think II will be an improvement, although ii is a tough inlersecllon . There are a lot of people there . Mayor Wolosyn asked if there were any other questions for lhe arch itect? Council Member Barrentine sa id thal this is nol your first lime here and I appreciate all of lhe information aga in. Mr. Foreman said nol al all. We're happy to. Council Member Woodward sa id I jusl wanted lo verify lhal we 're going lo hear more aboul phase lwo and shadowing . Mayor Wolosyn said thank you . I guess we'll move on lo lhe shadowing . Mr. Foreman said if there are any more queallons, I'll be happy to front them . Mayor Wolosyn asked if there were any more questions , She sa id I think it's beautiful and as I've said a million times, I'm so glad lhat Tryba stayed on and continuing to go over ... il's really wonderful. Mr. Follz said thank you. ti's nice to hear . Thank you . Council Member Rarrenline sa ;d and thank you for keeping the original integrity of lhis project thal was originally presented . W•. appreciate that. Englewood City Council February 5, 2007 P1geH Mayor Woloeyn said so on lo the shadowing . Mr . Foltz sa id we'd like to slart with th ls ... is actually whal you've seen as far as lhe original PUD, so back to a north-south or ientation here . These are the town homes t~at were or iginally shown on the PUD ... two ,nd th ree story town homes along the perimeter and the six towers lhat we spoke of . So we'll run thr~Jgh th is quickl y and then we 'll run through a new shadow study and we can s ,e the differences . But what I'd like to notice ' along here , along lo the north, some of the houses ... obviously 11:e houses haven't changed , so you'll be able to see that most of the houses that are currently affected and we're sh01 •I ng you winier because obviously that's gJlng lo have the worst effect on the neighbors lo the north .. !',,,t what we 're &lso showing Is, if you remember In the original PUD , the envelope In whlr.h the PUD allows to J, was a consistent envelope all the way across th is ... those two towers at varying he ights . So this be ing a 1,, story and this being close to a 13 story bu il ding , that envelope was a large rectangular box . What the PUD previously assumed, or really gave the flexibility, to build within that box and to trust that the towers would be within that envelope both height and side envelope , and the developer would de ve lop within that envelope and within the characler of the project . So we did the same . You'll see that in our study . So why don't we run through this real quicl<, just as an example ... there 's a break in the building , but again if that were a solid mass , that potentially a solid shadow that ran all the way along the face of these homes . We may ruP through ii one more limo just so you 'll see it ag ai n. I think in the full shadow study, it's also important to note these two towers, al their current height , or al their approved height of five and seven stories, the shadows that those ca st throughout the project as well, wh ich really isn't insignificanl as a reducllon down to the town home that we have . So looking at the new winter sh adow study, and aga in we'll pause that for o second . This is ... aga in ... lhe winter ... the shortest day of the year , so that's going to have the longest sh adows , as we spoke of. Run that through . So as a result of the building envelope being extended slighlly to the south, those shadows do extend slightly to the south, but really, shocldn 't have any effect on any ho r es that were not already affected by the ex isting shadow . And again, our intent and our desire are not to build within th is entire envelope, we just ask lo give it the flexibility and lo use our ... ! think its obv ious through our commitment to design and the neighborhood , • that in all of our projects, that we want to do what is best •or the entire project. And right now , we just don't • know and we won't know, antil we have the sales in these first two towers, to know exactly what types of units and exactly what types of bui idin~s are to be bu il t over in this area . Right now we have one tower that is d four unit , a four-play that our elPvator se rves ... direct elevator served units . If that is really popular , then we would only necessary ... it would oo1ly be necessary to build a four unit four -pla y. What we 've tiered these just slightly lo show what our desire, what the worst case , reall '/, what we felt the worst case would be ... and we can run through that run one more tim e ... that does have a slot through it and then what we hope that , in comparison to what would be an already approved solid mass across the site here , lhal having two slivers li ke this . wou ld be a better solution . There ;, not a significant difference as far as the shadows move across these homes to the north. Mayo, Wolosyn asked if 1here were ar.y questions or comments about this . Council Member Moore asked if they could rerun the old ... Mr . Foltz said you bet. Oh , that's the new . The scale is slightly ditferent but those are the homes that are affected in both . Mr . Moore said go back to 9 a.m. The start of it and hold it there , if you can . Is it on the other ... lhe second presentation , the shadow goes all the way to the next block over , which is Floyd . I can't tell from i:are ... lr this sl ide ii loo ks li ke it is just capturing the first row of houses on the north si de of Floyd and the other shadows look like it wraps in the next row of houses on the south side of Floyd Ave nue . Is ii just where the picture Is cut t•ff? Mr . Folt z said I thin k lhis does extend further ... again .. I think in the morning , it is deceiving because if we started this at 8 or 7, ii would go all the way to the moun la ,r ,,. But you know, th is area here , as ii quickly runs through Iha!, I think we could compare it But you know there ·s go ing to be a slight add to that shadow lo the north . And what we're contend ing is these homes are "I" ady experiencing some shadowinij based on thls ... the approved PUD and that the len~th of shadowing ht , may extend that a little bit further into their yard but not changing that It's going across the street. Cou nr.il M&m t r Oakley said but the lradeoff would be a wider amount of sunsh ine between the two towers , as it n,oves to the east? Mr . Foltz said correct . I mean , I think the original PUD , as I said, allowed for a solid block • al oo g there . I don 't think anybody ever envisioned building a solid block . It was giving flexibility to the building en,,'iope . Same thing for the curren t...second phase of our PUD . Really just asking for some flex ibility to gu within that en velope and knowing that nobody ... the project woul d not want to see a solid mass across that either . • • • Englewood City Council Februery 5, 2007 Pege 15 Council Member Woodward said you have neighborhood meetings, I believe, thal you had discussed with Iha people affected, and what kind of response ... Mr. Foltz sa id we had neighborhood meetings and we've met with all of our ne ighbors . Most of the immediate, adjacent ne ighbors, but our neighborhood meetin gs went very, very well and I th ink everybody was excited about how we were address ing the ent ire project and knowing that if we address the second phase with the same commitment as we are with the redevelopment, and spending a year laking over th is site and redesign ing th is site , th at the second phase will be every bit as successful architecturally as the firs:. Council Member Mccaslin asked do these shadows remain the same throughout the whole ye~,. Mr. Foltz responded that they don't. Thi s is the worst case. We could show you in the summer. they're m inimal. All of the shadows on both sequences would be minimal. And really, not even go into the adjacent ne ighbors . There wou ld be more shadowing frorr their trees th en there would be from ... Co11 ncil Member Woodward sa id as I recall , with th is being the orig inal pl an, and the town houses on the north th ere , it really created a kind of a shadow into the backyards of Floyd Place. Now with that be!ng a street there anu of course there's still the wall , but that wall Is still shorter than the height of those town homes . Mr. Foltz said definitely. Those town homes, being two and three story town hom es , really created not only a shadow but a mass along th at enti re frontage, where on our plan , we've brought that back . We have a landscape buffer, a single story park ing garage and then ,eally you don't get ba ck into th e bu il dings unt il about, I th ink, its 50 someth ing fee t. Now, that is sign ificunt ly more than the 20 feel thal was previously appro•,ed . Mr. Foreman said if I could interject a note, too , that the shadow stud ies are bu ilt from boxe s, envelopes of the type that you see in olastic. The bu ild ing themselves are not bo xes . They have sloped tops and so the shadow studies are a bit of an exaggeration because we had too . Mr. Woodward said you 're usi ng th e maximum . Mr. Foreman said we'd like to show you what that envelope was ... but you can picture the same plast ic envelopes around those other two bu ildings , you can envision what we hoped to accomplish here . So if you follow that the whole sloped roofs of the town houses along the north side, don 't fill those boxes at all. Mayor Wolosyn asked if there were any other questions? Council Member Woodward asked if we could see ii one more tim e ... on th e proposed . Mr. Fo ltz sa id that in the winter, the equinox also a good time to look al it. Obviously, the day and night are the same length so that's representative, but we'll look at the winter again . Mr. Woodward said it did get up to Floyd but It didn't get to the street or across the street . Mr. Foltz said again , I think the last one that we looked at was probably covering the backyards or at least half of the house . Now it's covering the majority of the yard . So really, the way we have looked at It , is we don't feel that any new res idents are being affected by the shadow ... negallvel y be ing affected . And if anything is neutral. .. Mr. Woodward asked any existing residences? Mr . Foltz :aid any existing residence :;, ne w on the site pla n. Mr . Woodward said okay. Mayor Wolosyn asked if there were any other questions? She asked are you going lo address one other subject or was th is shadow study the last? Mr. Foltz sa id not u ·less there are any othe r questions. Mayor Wolosyn said if there are no more questions, we'll open it for public comment. Thank you . Mr, Foltz sa id thank you . First signed up was Clare Morgan , the president of Kent Village Associat ion . He said thank you . I ha ve nothing to add . None of the other six people who signed up to speak had anyth ing to add : (L. Higbee, Ron Pic kens, Virg inia McKay, Kathleen Johnson, Brent Kirkpatrick, and Jennifer Colli ns). Mayor Wolosyn said thank you all for com ing . Mayor Wolosyn asked if anyone else wished to speak for this particular public hearing . Council Member Woodward said I have a couple of items that I wanted to bring up. Mayor Wolosyn asked if they were things we would bring up whenever we do second read ing . Mr. Woodward sa id no, these are just. .. l'm noticing In the amendment. .. I had it marked ... the decrease in open space , for example, by abou t ten percent. Obviously anytime you can keep or inc;eas e open sp ace I think it's good for everybody. Mr. Foltz said Englewood City Council February 5, 2007 Page 18 the major reason the open space was decreased was the widen in g of the slreets ... that was required by the Public Works Department. Mr . Woodward said tho widening of the six feet. .. okay . Council Mem er Oakley said I 1t Ink th is Is a good tradeoff, in this certain respect . Mr . Woodward sai d that is all I have . Thank you . Mayor Wolosyn said okay . She asl<ed for a motion to close this public he aring . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHF.R INPUT ON COUNCIL BILL NO . 5, AUTHORIZING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT AMENDMENT 1, Ayes: Counc il Members Barrentine , Mccaslin, Moore , Wo losyn , Woodward , Tomasso, Oakley Nays : None Motion carried and the public hearing closed . Mayor Wolosyn sa id thank )-, for a very Informative presentation . (b) Mayor Wolosyn said this is a Public Hearing lo gather input on Council Bill No . 3, amending Title 7, Chapter 1-A of lhe Englewood Mun icipal Code relating lo vici ous dogs and cals . Mayor Wolosyn said I have Proof of Publ ication, of Notice of lhis Public Hearir<i , on January 12 , 2007 in lhe Herald . This is a li!tle differenl for those of you who haven't oeen to a public 1 .. ,ring before because the last one was an issue presented to us by staff . And this y,e, this bill, is an oro,nance that Council has brought forward . Therefore , we present and then we open it for public commen t. So , this is an ord h1ance amending Title 7, Ch ap le 1-A of the • Englewood Munic ipal Code 2000 entitled Dogs and Cats . The amendments we are making do no t include a • breed specific ban nor do they conta in any mention or restr ictions on dog weights . The issues tnat are covered in th is ordinance are : vicious animals are define~. the conditions for keeping a vicious animal aro set forth , defenses to the charges of a vicious animal are provided , bodily injury and serious bod ily injury are further defined , the defin ition of a muzzle has also been added, and tethering of animals is limited . And an additional charge of dog at-large has been created . I'd like to say , go ing forward , that Council first came to th is issue because Denver changed their law and put in a breed specific ban , and that first brought us lo lh is issue . However, in the course of it , we divided this issue and we decided lo, as was suggested by the Council person who brought the breed spec ific ban forward in the fi rst place , that maybe , if we strengthen our vicio us dogs , we can achieve the goals that a breed specific ban was sa id 10 ach ieve . And we did this with cons iderable discussion . We reviewed an ord inance lhat wa s e·,,cled in Lafayette . We have looked at other ordinances and many articles submitted by citizens and oll 1er Co u, "'I mem bers . And after cons iderable discussion , Council worked with staff to develop the languag e in the pro pos ed ordinance, wh ich we passed on first reading several weeks ago . And now we are having a public hea ri ng so thal we can gel inpat from the public to help us polish this ordinance . And I am go ing to open the discussion , and ask that those who speak lim it there comm onts to fivd minutes . As was sa id earlier today , th is is de mocracy and I know I speak for all of Council when I !h ank you all for staying, listening to this other public hearing , and coming to tell us your point of view . As I said , please limit your COIT,ments to five minutes . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PLIBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 3, AMENDING TITLE 7, CHAPTER 1-A OF THE ENGLEWOOD MUNICIPAL CODE RELATING TO VICIOUS DOGS AND CATS , Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carr ,. 1 and the pubi !c hearing opened . All witnesses were duly sworn . Tavis Hanna, an Englewood resident , said first-off I would like to state that I am currently the Preside .it of Englewood Unleashed, although I am not speak ing in an official manner on behalf of the membersh ip, that would require a vote by them , per our by-laws . What I can do , however, is speak In regards to my own opinions • • • • Englewood City Coun~II February 5, 2007 Page 17 and the opinions that have been shared with me by friends and also from experiences that I have seen at the park and just in the neighborhood . I first would like to say I think fOU are definitely on the right !rack wilh gelling away from a breed specific ban . I think Iha! is a simplistic solution lo a very complicated problem . I think Denver has basically decided to take less time , as a mailer of conven ience to just move on with other ous lnoss on that and I think it is going to bite them In the rear end . It is kind of• hydra-type battle silualion , where you cul off one head and more pop up . If you ban pit bulls , next are going lo be any of !he other 40 some odd bull type species and then on with the other aggressive breeds . So, it would kind of be a domino effecl of banning all breeds ... il would just take a mailer of lime . On to !he vic ious dog ban ... i think it Is definitely a step In the right direction . I don't think you are shying away from making more work for yourselv ss by d Ing !his , so I appreciate It. I do think that !he tethering issue In Iha!, is very critical, because that is on & sp ecific thing you can do up front. An ounce of prevention is worth a pound of cure . Tethering creates vicious, if not psychotic dogs . Dogs are very intelligent creatures and chaining them lo a confined space, literally, drive !hem crazy . It would do !hat to a human . It will do that lo a dog . My only concern with !he wording in the proposal, as it stands now, pertains to !he definition of an allack and the definition of a vicious dog . Specifically, in both of those mailers, is the term approach . I think that an allack should be just that. A !rue allack ... biting , basically . An approach ... il slates with int£1nl lo do harm ... ! see the point, but at the same time it is a bit subjective , because if this issue does come to a court, the court is usually go ing to side with the person who has been allacked . And if their perspective is Iha! they are being allacked, just when a dog approaches lhem ... well , were they actually bit, were !hey actually harmed? So, it seems to me, like that would be applied more under the dog al-large or off-leash illegally porl,on, which would be a ticket and a citing . Whereas , I think a lot of !he people in !he park and the people I have talked lo in the community, are concerned with th is is ... with that one point. Because everybody's dog has approached somebody ... does Iha! mean their dogs are vicious? Are their dogs go ing lo be outlawed because of that one thing ? I think that is the one drawback with this proposal . At-large ... a sixteen page proposal is very beneficial to everyone , because it increases the standard of responsibility wilh everyroe . So , ii kind of weed s out !he people who aren't respons ible and ii protects the people who are responsible from the consequences of the actions of those who are not. So I respect that effort , but I don '! want to see the rest of lhis proposal undermined , because of the suspicious nature of the definition of attack and vic ious. Basically, the problem I have is with !he word approach . II doesn 't. .. Just an appro ach itself Is no! an allack, because somebody who doesn 't understand dogs very well or somebody who may have had a bad experience In the past , immediately th inks they are being allacked as dog approaches them ... it's just too much of a gray area for me when it comes to a definition that really does need to be fairly t ·sck and white . I do think thal. .. like you were passing out awards earlier lonight...maybe a board fo r this issue would be helpful in the long run. Maybe comprised of professional dog trainers , maybe comprised of people who have been going to dog parks for 5 to 10 years, people who understand the body language of dogs . Those sorts of efforts, I think , wc•iid help this proposal stand the test of time . And I appreciate you hearing me this evening . Mayor Wol osyn said !hank you Tavis . There was applause . Jeff Garner, an Englewood resident , said I believe that through your efforts to clari fy and define ,.c,ous ~ogs, you further confuse the public . I'm not here to discuss certain verbiage ... ! think a co uple people hem probably are . I'm here to discuss your intent, which is our safety . In recent years, we have seen many communities that surround us , introduce specific breed bans. Although no! popular , they do create what the community wants ... a safer living environment. In turn , those individuals have moved to oth er communities that now are faced with those same hard decisions, under more opposition !hough . Legislators, such as yourself, are flooded wilh e- mails and phone calls from many special interest groups , allempting to sway your decis ions one way or another . Most of these people don't oven reside In the communilies in which they are allemptlng to influence . As a resident of Englewood for !he past nine years and a homeowner for the last three, I believe that some of you may be allempling to take the path of least resistance ... nol lhe path that leads to good, solid communlllas. Many pro-pit bull articles make statements about exploiting !he fact !hat most aggression on the part of pi! bulls or other hostile dogs , Is the result of human interference . That is the same as saying all airline cra shes are caused by gravity and ground . Causality is not the product of prox imity . Training and temperam en t are factors In animal behavior, but breed is the largest factor contribuling to aggressive behavior . People choose the breed of their pet for many different motivations and they should be allowed to do so, within reason . We do no! allow Individuals In our community to own plaslic explosives , dynamite, nitroglycerin , hand grenades , claymore mines Englewood City Council February 5, 2007 P1g1 18 or bazookas ... because they are po ssibly dangerous to our commun ity . And yet anyone with $200 .00 can purchase an animal that has been bre d for the last 300 yoars to kill bears and just because It sleeps ne xt to the ir two year old , It shouldn 't be considered dangerous? That Is not a respons ible dog owner. In 2005 the American Medical Assoc iation reported that dog bites were the second leading cause of Injury to children , second only to baseball and sottball ... 333, 687 people reported to emergency rooms for treatment associated with dog bites . Merritt Clifton , who Is the editor of An imal People or Clinton, Washington has done one of the most deta iled studies assoc iated with dog bites . From September of 1982 to November of 2006 he studied 2209 animal attacks . 1172 were from pit bull breeds resulting in 104 dea ths . Pit bulls constitute 2% of the dog population , but account for 42% of attacks and two -th irds of fatalities . Mr . Clifton stated if any dog had a bad moment , someone might get bi t, but will not be ma imed or killed and the actuar ial risk Is accordingly reasonable . If a pit bull has a bad moment very often so meone is ma imed and killed and that has now created an off the chart actuarial risk for which the dog , as well as the victims , are paying the price . As a health care worker involv 9d In the tre atment of ind ividuals tha t have been attack ed by pit bulls , I do not want to see what will happen as the commv"ities around us ban lhese dangerous an imals , but it is reasonable to surm ise that more will move he re, th e prob1em will grow , peop le will be bitten and our safet y will be lost. Ye s, proper dog ownership is the responsibility of th e individ usi, l>ut pub li c safety is your responsibility . A recent article quotes !Ile ASP CA ... pil bulls and American terrier bre , -:s are dogs that not only must be handled with sper.lal precaut ions , but also must be regulated with special te qu ir emenls , appropr iate to the risk they ma y pos e to the public, the other animals, if th~y are kepi al a•! ''V e the dog owners or Englewood ask yo u to do ju st that. Table you r secono read ing on the 20" ... add ta;;,.·,,:,!on that truly protect s th is community from what is shown time and lime again 10 be vicious , enforce the laws that we already ha ve and let t~o rest of us just be respons ible dog owners . Than k you for your time and cons iderat ion . There was applause . Mayor Wolosyn sa id thank you . Jan ice Gerten , an Englewo od resident , said I am a person who does dog rescue . I go and pick up the dogs from the shelters, from the peopl e who laave them there. A lot of times people drop off dogs at shelters that they cons ider vicious . People do not tak a lime for the ir aei mals . I think If the laws were enforced , with what Is currently on the boo ks, then we would h;.ve th~ owners of these dogs ta ke n care of. People are irrespons ible when ii comes to owning a dog . If tile do~ ~,tes someone then someone needs to take care of tha t...l sa ve all kinds of dogs, all sizes and shapes . It is not the dog 's fault that they were abu sed . A lot of times, ii is Iha people that abuse these an imals and nothing happen s to them . There is good and bad in everybody . There is good and bad in dogs . There is good and bad in people . I don 't think you should be able lo ban spec ific breeds . I think that Is show ing a racia l prejud ice on it. I don 't think ii is right that they can do that. Not all dogs are the same . They are all different and I think each dog needs to be loo ked at differently. They need to hold the owners of these dogs responsible for what is happ ening to them . Th ese dcJs got that way . All dogs are born good . They got that way ... bad ... from the owners not tak ing care of the ir dogs . I just think that owner, ought to be made responsible ... hold the owners responsible for the dogs , because the dogs can 't talk . Tt.ey can only do what th ey have been taught. I think that is it. Mayor Wolosyn sa id thank you . Th ere was appla use . • • Tom Finn , an Englewood resid on:, sa id I'm sorry that Lesl ie left becaus e we actually havP. one of her beds that myself, my girlfriend end "'" dog s enjoy. So , I am gl ad to see that she is mov ing In. The problem I have with the ordinance Itself Is sorr e o! the language . Again, bac~ to what is considered an attack, especi all y just because It Is cons idered an approach , specifically • terrorizing manner or appearance Ir apparent attitude of attack , a person anywhere within this City or a dog or cat that runs after end bites, bark s or growls at any other animal , bl.cycle or any vehicle being driven or ridden upon the City streets . I have a one-eyed Australian Shepherd who was abussd . He chases squirrels In my backyard . Under the definition of attack ... he attacks the squirrels . As stated, he only has one eye, he Is not very good at It an d the squ irrels are defin itely one up on him • and they do tease him. What I would really like to see happen Is to sea poss ibly the definition of attack conta in lin kage to the bodily Injury clause ... a definition that you tiave in here to adjress Inj ury , that an at:ack would actually be an Injury to a human or domestic an imals . And also have that then brough t Into what i• termed a vicious an imal. Again , It all goes back to approach ing In an apparent att itud e or att ac k ... that is not defined . It is • • • Englewood City Council F1bru1ry 5, 2007 P1g119 very vague. II is all going to be upon whoevor Is approached, how they feel. I don't know why we can't just have It defined as any dog or cal without provocation biles a human be ing or biles another domesticated animal that results In bodily Injury. It Is short , II is sweet and it gets right to the meat of what an allack is . I would also then like to jump to the vicious animal definition . Here , basically, you have a three pronged definition . The second prong is the one that I am concerned about ... "wilhoul provocation, any per'3 on or animal on public or private property In a terroriz ing manner with an apparent alt itude of allack ." He said back to my Australian Shepherd ... he would be considered a vicious animal under this leller of the law by chasing the squirrels In the backyard . I understand that , that is not the intent , however that is the way the ord inance is wrillen . If that is not the intent, I am asking you lo rewrite the ordinance . f know that you have no ambition , nor do the prosecutors, or branding my dog as a vicious dog . However, you cannot , down the road, speak for whoever comes after you or whoever the prose:utors are that then could take this definition and apply It to my dog or my cat that chases a mouse in the house . I think that we really need to also define back lo ... terrorizing manner, the apparent altitude of allack. I think there needs In be a standard of some kind of demonstrated tendencies that would cause a reasonable person to believe that the dog or cat may inflict serious bodily injury upon or cause the death or any person or <i~meslic tnimal. I also understand that part of th is was lo address a dog that is ins ide a fence and a person who is walking by the fence . And I have wrestled with this myself , because al our first house in Englewood we lived next door to a dog named Turbo who was kept in somewhat or a shoddy fence . He , I think probably would have billen me had he gollen out nf the reoce . I would also like to see , if we are going to delve into this, I would like the City Council to take a stab al .. .ii a dog is perhaps thought to be dangerous ... lo maybe go back and add some language to say what kind of fencing it needs to be . Not the vicious fencing that Is in here , but stipulate the fence should be a certain size, in good condit ion and if there is a problem , someone from the City would go out and inspect it. I would also like to see language added that ... back to the reasonab le person ... to act in a highly aggressive manner , the dog within a fenced yard or enclosure ... l think ii is just...you are casting such a wid e net with this, that I am a lillle bit worried about ii. I saw the mail carriers that are here tonight . I have read some of their comments in the previous October 2, 2006 minutes . In there they mentioned an unrestrained dog that was off the property that for some reason could not be handled . There was also mentioned of a dog that jumped a 30 inch fence and th an allacked ... back lo poss ibly some type of fenc ing , language that could be added to address this . They have every right lo do their job and it seems to me liKe , if we need to hire an additlonal ... you know, someone lo work that animal side and get some or these dogs under control, because that would be a belier process to handle ii , rather than dragging me and my one-eyed Australian Shepherd into this . I also have a problem that you never ~.now what is going to happen and if we don 't gel a handle on the dogs ... and some or the vicious dogs out there ... whal Is going to happen is, again , as on Oclober 2"' a lady slates that her dog got shot. I don 't know all the facts , other than what was said here al the meeting, but it seems to me that ii was a nice calm dog . Mr. Finn said one last thing real quick that I think is very important. The Colorado Statute which is in place for dangerous dogs . Have you guys looked at that? And if not, it is Colorado Statute 18-9-204 .5. II explains a lot or the slutt that I th ink you guys are trying lo address . The ASPCA has come out and spoke highly or this . A lot of Iha dog owners have sp ,·ken highly or this . I would like it to be used as a model. Thank you . Mayor Wolosyn said thank you for your comments . There was applause . Lisa Sick les , an Englewood resident , said I am used to talk ing to people who have dogs wilh them , so I will be reading tonight, sorry . My husband and I have owned a home In Englewood since 1998 . We do love living In Engle wood and we plan on rem aining here . I am also a professional dog tra iner . I am a certified dog tra iner through the Certification Council or Professional Dog Tra iners . I am a member of the Association of Pet Dog Trainers, a member or the International Association of Animal Beha vIm Consultants and I am an evalualor for the American Kennel Club Canine Good Citizen Test. I have been teaching group classes and conducting ln- home behavior consu" sine• 1999. I first want to thank Council for allowing all of us to :oms here tonight and speak our vi, ··•· I appreciate that. I do believe th&I strong and enforceable dog laws need lo be In place, for the public , as well es for the well being or the dog . I have a few points lo make on the proposal. Some or them were touched on already . One is . under Article A: Dogs and Cats , Section 7-1A-1 Definitions : Attack . Again using the word ellack ... to define atteck ... ls very vague and confusing to me . Could It be worded differently ... perhaps using the term bodily harm or ser ious bodily harm . For example: any dog or cat Iha wilhoul provocation as defined in Section 7-1A-10C or the Englewood Municipal Code ... blles or inflicts bod ily harm or serious bodily harm to any hsman being or domesticated animal. I am concerned that in the current defin ition, the dog could be defined as having allacked if he barks or growls at animals , bik es or people . The Eng,ewood City Council February 5, 2007 Page 20 wording "apparent attitude of attack and without provocation · is vague to me and is open to a broad range of interpretations as there would not be any proof that such an incident took place. As a behavior consultant, I see many dogs that will jump , bark or growl and are not at all vicious . They would not attack . Most of them are fearful and they would run from you . I do understand that the public could be frightened of su ch a dog . My concern is that these dogs would be labeled vicious with no way for the owner to downgrade taat status . Is It possible for 3n owner to have a professional assessment done and after a specified time in the presence of training and/or behavior modification to have the vicious label downgraded? The determiners of ·,iciousness could be defined, could be a panel , preferably contain ing dog professionals such as one veterinarian, one behaviorist , one an imal control officer and one trainer . Could there be an appeal process that is evidence driven ... have it go through the court system so that due process could be served? This would give the responsible dog owner an opportunity to better the situation for the public themselves and the dog . The irresponsible dog owners do not conside, dog ownership a privilege . The dog is disposable to them and they will euthanize or dump the problem dog and replace it with another. Th is second dog , In my experience, will have the same behav ior problems as the first dog . I believe education is the key to having a good enforceable law for Englewood . I actually have a plaque in my office that reads, "Behind every successful dog is an obed ient owner ." I find th is very much to be the case . We ha ve to rea liz e that dogs are not furry little people and that they communicate very differently than humans . A bark or growl can mean many things . I teach new puppy owne,s how to distinguish the good vocalizations from the ones that could indicate a problem . They are often surprised . The owner"s first instinct is to tell the puppy not to make a sound , but that would be like punishing a child for telling you he was scared . Ti ,e pob lic needs to know that they can report a problem dog and that it will be taken care of in a proper manne ;. The dog owner needs to step up and take responsibility for their dog .. .from providing proper care, wh ich in my opinion includes training, to cleaning up after the dog , not allowing exce ssive barking or allowing the ir dog to escape the yard and be a nuisance to others . If th ey a':eady do this, they will be happy to pay for an evaluat ion process to have their dog downgraded from the vicious label. No responslble pet owner would allow their dog to be locked up and muzzled unless the dog truly was vicious and then they really need to take a look at quality of life for that dog. A few other po ints I would like to address are on the issue of lathering a dog . t know thal somebody else is going to be speaking on this . Could the wording be more specific to not allow a dog to be tethered or chained for longer amounts of time? I do not see anywhere that addresses this specifically . I did see that an enclosure should be provi ded , but I'm afraid that chaining would still be happening . There are many articles available on the danger of chain ing a dog for long periods . And in the Exception : 27 -1-1 0A Conditions for keeping a vicious an imal, Section K: In spec ifying what would be used to construct a secure enclosure ... could a specific gauge of wire be mandated? I believe the most common for this use is a 9 gauge wire. Th e Coalition for Living Safely with Dogs here in Den ver has some wonderful handouts available on their web site . I am not sure you have seen any of those ... ! brought you cop ies . There are tips ior dog owners and recommendations for communities on how to put together an effective policy . So again , my concerns are that once these dogs are labe Ied vicious, they will always be vicious . There is nothing in place to allow a res ponsible owner to try and l· ,t that label downgraded. Thank you . Mayor Wolosyn said thank you . There was applause . Dave Paschal , an Englewood resident, said I am just really pleased with what l'•,e been hearing toniAht. because it echoes almost everythin g that I have been concerned about . I too, think that this is too broao and it seems to all hinge on perception . The definitio n or a vic ious animal hin ges on perception . The definition of attack is, again, perception . What I think would be a good ide a is if you folks could consider stepping back and In one of your private sesslons ... ma,ae the next one ... you 've got a good list of dog owners there ... call Ir, a few and have them sit down ... talk to them directly, then use the resources that has been suggested tonight and I think you can come up with a really good ord inance . I don't see ar.y reason why not. The only other problem that I have with It Is that we are eliminating owners' rights by kicking off 1A-11 . You need to look at tha l. So, step back , revisit this and use the resources available. Thank you . There was applause . • • Dav id Bre ret on , an Englewood resident , said the issue that I have pe rtaining to the dog ordinance Is actually • number one , I just want to thank you for at least tak ing some steps to strengthen the dog ord lnnnce . I appreciate tha t. Tha issue that I have pertains to one of the affirmative defenses and that is Af11rmatlve Defense No . 5 which states that. .. it is an affirmative defense , the charge of vic iou s an imal , that the person or animal that was attacked , bitten , clawed or approached by the vic ious an imal was attempting to stop a fight between the • • • Englewood City Council F1,•l>ru1ry 5, 2007 P1g121 animal and any olher animal. I am a dog owner . I am out with my dog quite a bit. My wife and I and several others ... at least three days a week In the wanmer weather months ... meet at the Mlle HI Coffee In the morn in g at about 6 a.m. and we go for a run . We always take my dog with us and there have been a few occaslons ... certa lnly where we have been approached ... none where we have actually been attacked ... by aggressive animals . And, it occurs to me as I read thi s that, as somebody who is out with their dog ... the ordinance is go ing to have no affect on me, because It Is going to be assumed that I am breaking up a fight between the vicious animal and my dog . So, I think the end result of this is that there Is really no ... the ordinance as proposed really provides no protection for dog owners who are attacked by other aggressive dogs . I guess my suggestion would be to either strike Affirmative Defense No . 5 or to have some prov is ion in there for ... except for the owners' atte mpt to protect their dog . That is all. Thank you . There was applause . Lori Bea uregard , an Englewood resident , sa id I have res ided in Englewood for approximately 22 years . I have been an Englewood carrier for 21 years . I approached you earlier In October on an issue on an unrestrained dog . My situation has gotten worse . On January 29", I was approached in an aggressive manner by these two an imals . II so happens tha t the owners were out of town and the person looking after the dogs didn't have much control over them. Mail was curtailed to those customc •~ that lived on that block, because I was not able to do my job in a safe manner . I appreciate all the time and effort that has gone In to loo ki ng In to the vicious dog ordinance and making the consequences stiffer for the irresponsib le owners that are not stepping up . I would say that 99% of the dog owners on my route are excellent, but there is that 1 % that continues to think they have the right to make my work area unsafe and refuse to change th eir beha vior. I have gone to Code Enforcement numerous times . I am not getting anything from Code Enforcement. I have now been told, at two different levels ... a Code Enforcement officer told me that her job is to write the summons and from there ii is out of her hands and she has no control of Iha situation . I talked to a Supervis or today and he said because I am the only witness to seeing these dogs at-large, that they can 't prosecute th is . So , now I am be ing told that on top of doing my duties, they need a video tape . I don't know where else to go with this . We are not safe in your front yards with an unrestrained dog . We really need this to change for safet y purposes . I don 't see any other way around that. So , I hope that you will look into th is and take into consideration that what your front yard looks like is not the same as a different area . We are all d< •·,q with some really se rious dogs and I would like to invite you to walk with one of our carriers and find out Wile e are dealing with on a regu lar basis , because a lot of these customers are saying that the City of Englewood gi ve s us the right to have our dog unrestra ined in our front yards . So therefore, we have no choice but to deal with ii. And, ii is unfortunate that all of our dog owners are going to have to abide by the same rules because of the few that have no respect. Thank you . There was applause . Charles Egloff , an Englewood resident , said I am a landscape gardener and a handymar,. I go into a lot of backyards . I know a vicious dog from a nice dog . There is no doubt in my mind that cenain dogs are more genetically ... certain dogs are more apt to be dang erous than others . And one of those dogs, unfortunately I hope I don't offend many of you, but one of those breeds is the pit bull. They have been breed .. .face it.. .to fight, fight I~ the kill . That is where they get that name ... pit bull . I would like to tell you a little story . One of my other hobbies is walking . I like to walk, and walk and walk . I have a lot of energy and it helps me to rela x. I was walking on Acoma Street...the street I live on ... and was walkin g north towards downtown Englewood and I was on the 3600 block of South Acoma Street. .. on the west side of the street , mind ing my own business , just walking along ... and low and behold this pit bull Jumps r.ut in front of me , It start ed barking and growling and I was aware of what kind of breed it was ... had all the physical characteristics of a typ ical pit bull. I didn't have a weapon or anything, so I wasn't about to mess with th is dog ... th is vicious dog, in my opinion . So , I tried sweet talking to that thing and he just kept on barking and growling . I attempted to step off the walk and went over to wRrd the curb to get around it, because I was determined to continue my walk in Iha direction I had started out In . And that damn thing Jumped out and blocked my way again . I continue d to talk to it and it just e'ood there ... lt stood Its ground, and growled and barked , so, I continued to sweet tal k to II and I moved back on to the sidewalk and that dog moved back In front of me . I had never seen this dog before and I did nothing to Intimidate it, but It wouldn't let ma by . So , there was some guy loading up a vehicle across the street...o n Iha east side of Acoma , In the 3600 block ... and I yelled lo him. I sa id, hey , is this your dog and ha ,aid nc. I said this damn thing won 't let me by. And, once we started that conversation , for some reason the dog too f off and ran over to that guy and into the front yard of where he was load ing up his car . So , I went on my way , but you know, I was there .. .it seoms about five minutes trying to dea l with this darn dog . Like it or not, some breeds are more Inclined to be vicious than others . I am not famil iar with the ordinance . I apologize that I'm not familiar Englewood City Council February 5, 2007 Page 22 with the ordinance and I am not fam iliar with the changes you are cons idering, but there needs to be special consideration for vicious dogs of this nature. And I hope we gel ii before someone Is mauled end there are legal suits that are going to r,ause a lot of grief. So , good luck and I will support improving the ordinance. Thank you for your lime . Mayor Woiosyn said thank you . There was applause . Lisa Sah el, an Englewood resident , said I am just going to echo some th ings that have already been sa id. don 't th in g I have anyth ing new lo share and that is just that the definitions contained in this ordinance . The definit ion of attack : approaches in an apparent attitude of attack ... l would just echo that, that Is very dlffic•iJ: lrGrn an enforcement standpoint. It is very difficult from a dog owner's standpoint to understand what that mea ns . d I do think that ii Is too subjective and ii does put the ball entirely in the hands of the person who perceives that. That Is also the definition of a vic ious animal. I think under th is definition, my dog , who is Just a sweet mutt, would be a vicious dog . I think dogs bark for a lot of reasons . A lot of limes they b-·,rk because they are scared or because they feel like they need lo be prolecl iva . It doesn 't mean that they will actually, physically attack and injure somebody . I think the City Council's goal is obviously to further safety and I th ink we are just go i, ,~ : create a lot of headaches with the language you have here . With ell due respect to the owners of pit bulls and other dogs of tha t nature, I do think that if you want a gentle dog to play with your kids , you are probably going to {'81 a Lab or a golden retrie ver and not a pit bull. Thal is my personal belief . I understand that other people will see that issue dlfferenlty . In my experience for the last 20 or 25 years, both here and in Cal ifornia where J lived before, I don 't generally hear of attacks by Australian shepherds, where somebody is phys ically, seriously Injured or permanently disfigured . You don 't hear of a go· <en retriever sort of putting somebody in that situalion . So, I do think some attention needs to be paid to those kinds of breeds in terms of upping tn e responsibility of dog owners . If they want lo have those dogs. that is fine, but there is additional responsibilit y that goes with that type of a breed . Thal is really all I have to say . Thanks so much. There was applause . Dane Stephenson, an Englewood resident , said briefly I am just kind of echo ing as well the situation concerning the word, vicious . I am a co-owner of a pet sitting company here In Englewood and we have clients who have dogs ranging from the pit bull down to a miniature dachshund . The situation with the word , vic ious , while I completely empathize and sympathize with the mail carr iers and people that have landscaping companies and businesses where they have to actually go into someone 's backyard, I think it is a matter of public education . And since Denver has decided they are go ing to ban pit bulls , I would like to see Englewood step up and make more of a public education on breeds and animals and kind of redefine the word vicious . Just beca us e what someone might perceive as a vicious dog, again ii may be just a dog that is terrified or has been abused in the past and therefore , you know, ii is Just reacting out of fear . If an advisory board can be set up in the future for the public education of dog breeds and I guess situations with vicious cats , which is kind of new to me , I think that would be a wise decis ion on the City 's part . Thank you for your lime . Mayor Wolosyn said thank you very much . There was applause . • • Barbara Larsen, a re sident of Littleton , said I have been a carrier in Englewood for 14 years . First of all, I want lo thank you all for giving me the opportunity to speak this evening and I appreciate the lim~ and effort that you've put into this . I started my career, as most carriers , by doing different routes every day . When you are exposed to different neighborhoods, you leam where the good and the bad dogs live . When I got my first route, it became a little easler ... now I only had lo pay attention to certain houses . It came as second nature to approach a part icular mail bo x with an extra sense working . If I heard this dog , I knew where he was and I could make that delivery saf9ly . Certain houses had really loud dogs, which wouldn't let me near the box without notifying the whole neighborhood that I was there . Some front doors have screens that don't latch . As a carrier, we have to be aware of everithlng . We have lo be aware of our surround ings . You are given approximately 30 seconds at each house . My first attack came when a small dog that harassed me for about a year finally got his freedom . You could soe II In his eyes . The llltle girt came running out of the front door on a Saturday afternoon saylng ... the mall ls here , the mail Is here ... and here comes Tiger right behind her. I knew he had me and I had • no where to go . I had my satchel In front of me and I threw It al him and he grabbed the satchel and I flung him in lhe air and he did not bile me . Is that an attack? I think that is an attack . The Post Office issues dog alert cards and I've got a copy here that I was going to give to you all, Just to let you know what the Post Office dces to let each carrier know when they carry on that route , there Is a dog at th is house and be careful. .. walch what • • • Englewood City Council Februery 5, 2007 Pege 23 you are doing . We are constantly told not to feed , pet or Interact wit h pets on our routes ... remember , we have 30 seconds . We ere told not to approach loose an imals even If the owner Is present. And in your proposal , If the owner la present the loose dog Is not considered at-large . However , a• a letter carrier , we are not allowed to approach a loose dog . So I am not sure of the word ing there . I can tell you that on my route I know the owners who have vo ice control so I know the dogs are not a problem . It Is when I am help ing out on other routes that I don't know . I will always error on the side of safety tor me and for the dog . It Is not good for me If I get bit because of the potenl Ial losses and II Is not good for the dog because ha may lose his Ille . I do not th ink allowing dogs to be loose with the ir owners prase~t Is oka y. We had a carrier bite last month by a dog who was stand ing beh ind his owner as he was given the mall. The mailman was told lo walk It off . Mik e, the carrier, called the supervisor and he spentthree hours In t'19 emergency room . Three hours Is 12 blocks ... lhat was 12 blocks that needed to be carr ied by somebody eb e. Carr iers are being placed ii i an awkward positlon ... we want to deliver the mail , bul we want to do It safely . I also want lo ma ke it known that unless this proposal is enforced we are just wasting our time. I feel that if Code Enforcement is our main sh ield aga inst vicious dogs , we need to develop a closer relationship wilh them . We need to let them know where we are having problems ... wh ich houses in part icular . Finally, lo sum it up , than k you so much aga in. I have a list from a car.-l ar In our office who speaks very little Engl ish, bu t ha Is on a very doggy route . We kno w what doggy routes are ... they are usually ... gene,all y, lower carr iers who jus t started In the Postal Se rvi ce . He ga ve me a list of about five houses that I would like to pass on to Safely Services , if I can ... just to lei you know that he is havi ng constant problems with these dogs . Than k you very much . Mayor Wolosyn •aid thank you . There was applause . Brook Dougherty, an Englewood resident, sa id I talked to you a couple of weeks ago . I work across the street al VRCC . I work in the emergency department as a vete ri nary technician and I ha ve been doing that for six years . I have to say ... dogs are dogs . The way dog s communicate is barking and that can be distinguished to bo happ y barking , scared bark ing , vicious barking and whatnot. And , you can 't chang e a dog and that Is just wh at they are go ing to do . So with your definition of attac k, you are bas ically not letting a dog be a dog . I th ink pri vate property and a fence ... l am very glad that my dog s bark , because three or four nights out of the week my husband Is not there . My dogs are there lo pro tect me , so I am very happy that my dogs Dark . I th ink that Is very impo,tant. If any of you have child ren , I am sure that If your daughter lived alon e lhal you would want her lo have someone to help her protect and alert her to some thing that she may not normally be aware of . I think lhal Is very important. I do nol lhink there shou ld be any reason for a dog lo be off leas h, unless they are in a des ignated area to bo off leash. Th is Is for the sake of ma ll carr ie rs , for us who go on walks and I work in the emergen cy department and I see dogs hit by cars every wee ke nd , because the owner thinks 1'1al tt:eir voice command is go ing to be over a squirrel or a cal...lhal just doe sn't happen . So, I th ink somev1here thsre n•eds to be absolutely no off-leash regardless of the own er be ing in the front yard or not, for the ~afely of ever,cr.a. That is what I have lo say. Thanks. There was applause . Judy Gee , a res ident of Lilllelon , said I do own and opat'ate a dog day care ... Dogg ie Paws ... here in Englewood wh 'cn :a at 3242 South Acoma . I have some of the same problems with some of the defin itions lhal many other people have addressed tonight. I won't go into that any further . I did want to talk a little bit more in depth though about the tethering proposal. First of all , I would li ke lo really commend you for beginning to address this issue . Tethering Is something that Is a huge public safely Issue . Allowing dogs lo be tethered for any slgnlficanl period ~, lime presents a danger to the community, regardless of the length of the tether. The psycholog ists, behaviorists , veterinarians and other dog professionals who agree with th is statement are legion and there are many studies to support it. A special report In the September 15 , 2000 Issue of the Journal of the Amer ican Veterinary Medical Association cites a study showing lhal 17% of all fatal dog attacks occurred while Iha dog was teth ered . CDC stud ies have shown lhal a tethered dog Is naarty three limes mo re likely to attack than a dog that Is not on a tether . In 1994, a group of physic ians In the Denver area ... a group of ped la1r ;cIans ectually ... did a study of local dog bite cases. They looked at 174 cases and found that 32% of them Involved tethered dogs . For the safety of the community, I ask that you revisit the reslrlcllons of this ord inance and prohlbll lelherlng of any so,t for any period of time . This would also be a great boon lo the dogs who now live miserable lives on !others . If complete proh ibi tion Is nol feas l~la, due to enforcement constra ints , I suggest that tethering be prohibited at least during the hours when animal control personnel are r s duly . Th is would facilllale report ing and the Investigat ion of Infrac tions . I also be li eve It would be prudent to s~a clfy that allow ing any tether ing al all be some distance , to be determ ined, from the publ ic right-of-way and finally th is section of the Engl ■wood City Council F1bru1ry 5, 2007 P1g1 24 Code should definitely specify, at minimum, that any tathar be attached to a well fitting , non-choke type collar or harness and be equipped with a swivel at either end. Thank you ror hearing th is tonight. Mayor Woiosyn sa id thank you . There was applause . Becky Deal , an Englewood res iden t, sa id I hove been a resident here ror over twenty years now . I would like you to meet my vicious dog , Some of you might laugh, but he can be a vicious dog In differen t contexts . Righi now h, il very friendly and very loveable , but if you approach him on his properly, he has been taught to protect his prope rty and famlly ... which is me and my kids . Thal is why I havA a dog . I have a dog to protect what bel ongs to me . If someone •p~· ,aches my house , yes , he barks . That is why I have a dog . I want to know ii someone is going to approach the house . He has a back yard, has a gate and we have • driveway that goes through there , so the gate does open and close for our cars to go through . I sympathize with the mailman . He has been out. He does charge ... he has never lert his yard . Li ke I said, he can be a vicious dog . Although right now you would never tell. Certain dogs are breed to be vicious ... some of them havA gotten a bad rap . My daught er o,m s a chow-chow, purebred ... but hand icapped ... born with no eyes . But it also chases squirre ls in my back yard . You would ne ver know th is dog was blind , but by the word, attack , it is a vicious dog . A lot of the meanings nsed to be worked fJn . An imals , like I sa id, In different conte xts can be calm or aggressive and a lot of homeowners have dogs for their protec tion . Li ke I sa id, I want to know ii someone is com ing up to my house . That is all I have to say. Th ank you . There was applause . Glenn Searfoss , an Englewood resident, sa id I have lived here about eight years now . I have had a chance to revi ew the ord inance and do a little research on my own and there are a couple or areas that I think I have some concerns with . First , I would li ke to thank everybody who has spo ke n before me . II is go ing to allow me to summarize some or n,y comments . Fund amen tally , t!,e langu age ... apparent attitude or attac k .. .i s pretty vague . • It should be just dropped . There is no need for ii in the ordinance al all. II you are going to defin e attac k, define • ii as bodily harm ... something along thos e lines . Give a hard , black and while definition. The new ordinance drops the old "two strike" law and opens ii up for the Idea that peopl e no tong er ha ve a way to mitigate a scenar io ... eith er an attack or dog at-la rge . They can no /anger do an ything , because you now ha ve the ab ility to come in and confiscate the do g and /or kill ii without nolil)/\ng the owner . I th ink that needs to be changed and probably have the "two strike " I w put back in place . Ir, addition to this , I've got some ideas . I've got some concerns about how the ordinance will impa ct the community , espec ially as ii goes to responsible dog owners . One of your penalt ies that you put in pl ace , is 0 0 ,000 .00 liab ilit y coverage . My exper ience with insurance companies is that they are not going to cove, t ·. o~y or any doy that has a history or any kind or bite . People who don 't have the option of gelling the insuran c~ they ar e going to have to kill the dog . But , in addition lo that , you also have the 5 x 10 rence ... well , that I.; a cos t lhal som e people can afford and others cannot . All the costs , includ ing the co sts associated with any kin o ol impounding or court costs , a responsible dog owner may be willing and able to pay those costs . However ,, 0•1-re sponsible dog owne rs may chose the expedient or simply killing the dog and getting a new dog . Th is potentially beg ins that whole cycle again , or the dog becoming determined dange, ous or vicious or whate ver . Alternately , you have dog owners who will simply choose to move out or Englewood . That is what they have seen In Denver and Commerce City, when the y have enacted some of their ordinances . There are also intangible costs to the community . Some or these in tangible costs are ... lh ~,· are not money ... they are how people are go ing to Interact with each other with enforcement officials . Such an ordinance as you 've got now may en courage some people to go underground and not get their dogs vaccinated , get vet care in general , maybe not •·•·en go and pursue any kind of socialization or train ing efforts. The confiscat ion impoundment and the poss ible killing or an an imal is go ing to cause some people a lot or concern , especially in the family where the dog Is taken out or and in the community of that dog In general. And , this whole thing can also Ju ul generate the same thing that ii has done in ~ther cities ... II just generates a hyper fear about dogs . And then we've got to also lake a look at the potential for a negative back lash or such an ordinance . With the trust and coo~eration or the community members , wit~ the enforcement olficlals, you start taking dogs out of places, you start imroslng that kind or severe restrictions without people being abiA to do anything to mitigate the circumstance, and you are go ing to have some problems . So, I think these types or Intangibles have to be considered with this ord inance . I also like the comment on some of the • th ings that some of the people said and ebout the potential expansion or th is ord inance to :nclude a breed ban . During the January e'" sess ion , when I was here, I think Council Member Barrentine mentioned that a br6ed ban was still on the table as a study top ic. And as per your January 24'" Englewood City Council , tentative Study top ic outline ror 2007, your future Study Sess ion top ics Includes pit bulls . So , are you cons ider ing or are you • • • Englewood City Council February 5, 2007 P■ge 25 look ing at a breed ban °' are you even go ing to just take a look at that? Breed ban s in other cities have resulted In a number of pit bulls be ing Impounded and killed . In Denver they have killed 1039 as of today , but It has not actually resulted In a significant drop In the bites . And th is la as per an e-mail In your study records from Peter Marcus of the Denver Dally News and his Interv iew with Doug Kelly , the Director of Denver An imal Control. The cost of such an ord inance on the commun ity wou ld Include the same as I mentioned earlier plus you may even face potontlal Increase In funt'lng for lmpoundmenl and monitoring of an imals that you 've consider to be dangerous . Based on you r Council Request 06149 : An imal Control Statistics for the period January through October 2006 , there was only 1 Inc ident out of 25 of a pit bull bite on a human. I don't feel that expos ing our commun ity ... ln th is regard .. .for th is part icular lssua ... to the potent ial cost...based on the reality of one ~lte ... ls reasonable . Than k you . There was applause . Brian Verbec k, an Eng lewood res ident , sa id I wrote th is so I wilt keep it br ief . We all know that City Council makes diff icult dec isions an c we all apprec iate your ti me and efforts In unde rstand ing all si des of all issues. My issue Is al so regarding Iha dog ord inanc9 . Howaver , II pertain s to understanding of due diligence . We aro not directly attacking the ordinance as a whole, but a bigg er picture , which I am famous for . Oro the part of a perspective of a new res ident in Englewood , we all have the right to any and all amen ities we wish In our own homes . For example, peace and quiet, safety , durability or anyth ing else we des ire . We also have the responsibil ity to determine if the house we want to live In is ,n an area that would provide thos e amen ities that we jeslre . We don't ha ve the right to move Into a home where we ha ve not doM due d;"~ence and ex pect the ne '3hborhood to alter behavior patterns that ha ve not been deemed a nu isance or harm :u, to Itself or others . It is unreasonable for a neighborhood or an entire City to be forced to adjust beyond r~asonabie efforts to accommodate a person who has ciea rt y not done due diligence before de ciding to ,nova into a neighborhood . I'm rem inded of a Colorado land us a case In Larimer County where a large oarcei of agricultural land was subdivided for res idential use. Adjacent to the subdiv ision was another parcel of agricultural land that ha d been for three generations and st ill continues to be a work ing pig farm . Appropriate due diligence would be ... it is obv ious , I think ... do I want to live next to this operation , the noise , the st en ch , po 5sible runoff , large trucks , ate . A gentleman cho se to purc~ase a house in the subd ivision without doing his due diligence . However, after arrival in his new house , he promptly compla ined to his County Commiss lc: ,ers that the stench was un bearable and wanted It to cease . He was Informed that it was his cho ice to purchase the house in wh ich he lives now. Tho area had been in agricu ltural for years before his introduction . It was also inappropr iate and unreasoroabie for him to ask the pig farm to ceas e operat ion simply becaus e it bothered ltim . Without due diligence , the case was Inva lid. I believe th is is a parb io el to the same type of discussion where a ne ighborhood has a majority of dog owne rs ... where all the owners made conscious cl toices to own and care for the ir dog or doiJs as pets and compan ions . Occas ionally the dogs will bark . If th is is a situation tha t would prohibit the amenities desired, then one may wish to look for another, more appropriate ne ighburhood . So my statement Is that there are lots of sides to the argument and whether pigs were there fi rst or not , thot is not the Issue, but more of what is going to be accommodated and who d~es the accommodating . Thanks . Mayor Wolosyn said than k you . There was applause . Dav id Weber, an Englewood res ident , said you have already heard a lo t ab out the overbreadth of the statute that would define a vicious dog to include anything from a dog that growls in defense of another pass ing dog, an outdoor cat that goes after a mouse or a dog chasing a squirrel In its own yard, so I won't re it erate all of that. I think I would like to start with quest ion ing the very necessity of a vicious dog ordinance in Englewood at ail. The State of Colorado already has & c;. 11prehenslve statute that defines and regulates dangerous dogs . Arapahoe County already has a comprehens ive statute defining end regulating both vicious dogs and aggressive dO\lS and nothing prevents those laws f ·0<n be ing enforced here . Both of those laws do much better job of clearly defining what a vicious or an P.~grtiss ive dog Is and do a much better job of ctaart y defin ing how a vicious dog is to be labeled and determined is vicious and what to do in a scenario when a dog Is labeled vicious . t don't seo a need to reinvent the wheel wh9n effective statutes and ordinances already ex ist . To the ext~nt that Englewood does feel the need to pass S'Jch an ord inance , there are many places to look for better crafted ord inances rather than the ordinance wh ich It appears this was medaled after ... which I b91iave was orig inally utilized In San Franc isco, California and then passed In several other places ... but San Franc isco , Califom la has a much different situation with respect to dogs . There are very few dogs In fenced yards . Dogs are generally Inside or outside on a leash . There lo not the open space in the fenced ~ards that we have here and the statu te simp ly really doesn 't epply here due to Its overbreadth . An Ind ividual speak ing on behalf ~r a pit bull ban quoted part of an ASPCA study , Englewood City Council February 5, l007 Page 21 hut failed to note that the ASPCA strongly la aga lnat any breed specific bans . However, the .ASPCA does have goldelinea for vicious dog ordinances and the proposed ordinance In Englewood falls woefully short of many of these guidelines . I would like to go through a couple of them ... better things that I th ink should be addressed In any ordinance that Is pesaed . First , prally stra ight forward Is Iha fact that any law should Insure that common puppy behaviors such es jumping up , rough play and nipp ing are not deemed ev idence <>f dangerousness or vici ousness . Thal Is someth ing that Is not accounted for In th is ordinance . Probably more importanlly is Iha fact lhai once a dog Is deemed dangerous or vic ious , lhe court should have al Its disposal a range of dis posit ions from wh ich to select those that suit the needs of a particular case . Here, once the dog Is labeled vicious , there is one way to handle it . The opt io ns provided or suggested by the ASPCA include evaluation by a certified applied bahev iorist or a board cert ified veterinarian behav ior ist and completion of any tra ining or other treatme nt as deemed appropriate by that expert ; spayin g or neutering ; secure hum an e confinement ; direct supervis ion by an adult whenever the dog is on public prem ises ; and includ in g th ings such as muzzl ing in a publ ic mann er that prevents a dog from biting . I th in k most important of the th in gs that were left out In the Eng lewood ord inance Is evaluation by a certified behav iorist. Another sign ifi cant problem with the proposed statute is ii prov ides essentially unfettered discretion to a municipal judge to decide when to euthanlze a dog . There are no gu idelines whatsoever. II simply says that if the cou rt so decides , the dog ·11 be euthan iz ed . Another of the ASPCA guidelines states that euthanas ia or perman ent confinement nr .>g, be ing the most extreme remedies, should only be utilized when the dog , without justification, .• ,s a person and causes serious phys ical inj ury or death or where a qualified behavioris t, who has pe rsonally evalu ated the dog deter mines that the dog poses a substantial risk of such behavior and that no other remedy will make the dog suitable to live safely with poople . The statute or the proposed ord inance , as written , gives unfettered discre tion to an individual with no experience in handling or caring for dogs, neces sarily , to make the dec ision lo put down a dog. II seems to me that there have been too many issues addressed at th is meet ing . One is al-large dogs ... well that is covered by a whole other section of th is c:~in ance . You can 't have your dog out loose . And the second is, postal carriers who have a problem when they enter into a fenced area where th ere is a dog . And that is because the mall boxes are on the house rather than outs ide the fence . And to me, what that essentially is, is a Federal regulatory issue about the locat ion of mai l bo xes . II should b', addressed b:: the Fed eral regulations saying where the mail bo x has to be regulated or when a pr ,1al c: .. ~rrier can choose not to deli ver mail. Thal is not someth ing the City of Eng le wood can do . They can 't "ar.rl •.,u the locat ion of ma il bo xes . The Federal government however , could simply say, if you ha ve a dog in,,, yard your ma il bo x needs to be outs ide the yard . That is a simple solution . Unfortun stely tha t is not somathing ava ilabl e to you and I don 't think the postal carr iers are nece s ,aril y turn in g to the right peop le to attempt to solve the ir problems . Thank you . Mayor Wolosyn sa id than k you . There was app lau s~. James Campbell , a Morrison res ident , sa id I have been a letter carrier In Englewood for 32 years . In March of 2004 I was delivering on Corona Street and we have had a problem at this address with a dog before . The dog had attacked a carrier before . The dog had attacked a little girl coming home from school. The owners had bee n ticketed then and the owners had also been cited for a dog at-large . The Po stal Service ordered them to move their box to the street and keep the dog confined dur in g del ivery hours . On a Saturday at 2 o'clock In the afternoon, I came walking down the street and the two rottweiler dogs ... the two dang erous dogs ... were In the yard with a 30" chain link fence . I determined then I was not go ing to del iver there and I went out into the street to avoid these dogs . One of the dogs jumped the fence and ca me after me. In backing up, I tripped , put my arm out lo catch myself, I tore up my rotator cup and my bicep tendon . The dog did not bite me . I was off war~ ... not carrying mall .. .for nine and a half months . My lawyer estimated the cost al over $115 ,000 .00 to Iha Postal Service, Iha workman 's comp and to myself with lost wages and everyth ing. The owners of Iha dogs were ticketed , brought in and U1ey pa id their fine . They paid non e of the $115,000 .00 ... none . They got off scot- free . As soon as they could , they broke the le ase and movet' out of Englewood . My ,awyer determined that these dogs had been a problem some place erse, because of 1'1a way they reacted and ha had probable cause to th ink this . Ive talked to many other peop le who have sa id we are responsible pet owners ... we moved from • • Aurora or Denver and brought our dogs to Englewood ... vlclous dogs . The ord inance doesn 't go far enough In • defining vicious . You might have a vicious dog In Englewood th is week and a vicious dog In Denver and br ing them here to Englewood to get away from It . The people that have these vicious dogs should have some kind of liability Insurance . I think the size of the dog and the breed of the dog sh ould be a detarr, , ,I ng factor for what th is insurance should be , becau sa ... llk e I sa id, these people got off scot -free and didn 't have to pay a thing . As post1I carr ie rs . we are laugh! that any dog that approaches us Is a dangerous dog . You got th is In bas ic carrier • • • Englewood City ~ouncll February 5, 2007 Pege27 training schocl. .. Iha! any dog Iha! approaches you I• a threat lo you . You don 't have lime to raacl and say .. .Is th is a nice dog or nol a nice dog? We don 't have lime lo determine that In a few seconds . There was an Incident that I had recently of a dog hilling a doer end was through that door with in two sec,nds . I had to react to get a satchel down, drop my mall and defend myself. The dog did not bile me , but was lh,1I en allack? Or was ii en approach ? I think , you know , that maybe some more work does need to be dono . I thin k vicious should be strengthened and approach of a dog should be strengthened too . Thank you . Mayor Wolosyn said thank you . There was applause . Cynthia Searfoss, an Englewood resident , sa id I have addressed Iha City Council before and I want to thank everybody for staying so late ton ight. I really appreciate II . I am not going lo reiterate lhe comments everyone ha., made on the language involved in the vicious dog definition . However, I have rroduced a document for the City Council members and I have outl ined alternative language sources for the ord inance , should they decide to go ahead and use that type of code in the Englewood statute . I have listened to the problems that our community has . I also have these statistics that Englewood Safety Services were able to provide rne for lhe year 2006 . We had 25 dog on human biles last year and we had 502 dog at-large charges . We definitely have a dog al-large Issue In Englewood . I feel that we need lo address that, In my opinion . My opinion is 25 dog biles ... when the City of Denver ... our sister clly ... had almost 200 last year ... we don't appear lo have a vicious dog problem in Englewood , so why are we trying lo address a problem that we don 't have? Furthermore , I brought with me tonight a documen' from Iha Amer ican Veterinarian Medical Association that encourages commun ity involvement, education and a Board of Appeal and Commillee Approval to try lo bring both the Cily Council and the community members at large together lo define animal code that is reasonable for what the community actually can demonstrate as community needs and provide a basis so that our Code Enforcement officers have some chance of enforcing code . Also , I would like lo comment Iha! several pe op!a have slated, and the postal carriers have definitely staled this evening , that we need additional animal control :,alp in our City. We need more Code Enforcement staff lo deal with this issue . We do not have Code Erforcemenl staff available on the weekends . We do not have Code Enforcement staff available when all of us gel home from work at night. I feel that if we had more reasonable code to enforce and that we had a presence In the community , Iha! perhaps we cou ld mit igate any future problems we may have with animal violence in our commun ity bnfore II grows to that po int. I would like lo see us come up with a solution Iha! involves some of the skill !hat we have had presented tonight, because we do have animal serv ice profess ionals in our community that are willing lo help us . I have also talked with business owners ... many of them are here this evening ... who have expressed frustration with this issue too and many of their associations are saying lo me ... Cynlhia, what can the animal community bring lo us so that we can commun icate to people? Whal arc our community values regarding the dog/cal animal aggression situation in Englewood? How can we educate people into our commun ity values for animal behavior , if we don't know what they are ourselves? So , I would like lo suggest that we do put together a commillee and use the expertise that we have locally lo come up with a plan that not only mitigates our dog at-large problem today, bu t maybe curtail any future vicious dog problem we could have in the future and ha ve a proactive approach lo this problem, rather than hav in g a reactive , perhaps pit bull ban or punishing responsible dog owners . I think we need lo encourage responsible dog owners In Englewood . I also have a couple of documents on resources for the Police and enforcement personnel lo help them beller Interpret animal behaviors , so that maybe we won 't have another dog shooting like we had last year in Englewood . And I have the detailed slallsllcs ... if anybody wants lhls .. ,I am going lo give copies lo the Council members, but I am also go ing to post these on our e-dog group site tomorrow . Thank you . Mayor Wolosyn said thank you . There was applause . Ann Baylor, a res ident of Highlands Ranch , said I would like lo thank the Council for lelling me address you tonight even though I am not a res ident. Someone staled earl ier lhel Englewood does not want to become Highlands Ranch with the covenants and Iha! Is one reason why I am looking lo move. They are starting lo gel on my nerves . I have been locking al Englewood as a potential place lo relocate . This Issue does concem me . Everyone has made Incredibly valid points tonight. I want lo relate one very short bil of Information for you to consider, If you are~~!,,~'" h~ using the words ... vlc lous ... and allowing the dog owner lo have their dog evaluated . I liveo m San Diego , californ ia and two of my ne ighbors did not care for me . My one boxer did Jump the fence and did kill one of their guim·• pig s. Because of Iha two owners livi ng next door lo each other , !hey filed a vicious dog comple lnl...lwo vicious dog complainls .. ,agalnsl my bo xer. San Diego had a three-strike s Englewood City Council Februery 5, 200~ P1g128 euthanasia law , beceu38 they considered each one of those complaints separate vloletlons, had my dog jumped the fence again to kill her guinea pigs, that were running around loose In her beck yard , my dog would have been euthanlzed . So pleeae, If you do con sider that part of your law, make sure that the dog owner hes the opportunity to prove that their dog Is not vicious . My dog was not vicious . I ended up having to have my ex- husband take her , because she would have jumped the fence to kill the guinea pigs . Thank you vary much . Mayor Wolosyn said thank you . There was applause . George Carlson , an Englewood res id ent , said my commercial building Is at 4219 South Broadway. First of all, I just em going to pay more attention to these elections because in one night you did shadows and you are do ing dogs . If this Is a skill , I didn't realize what you guys had to do . I just thought that was a mundane ~lection . I have walked and jogged In my eree no w for about three years and I, frankly , have very little problems doing that . Occasionally, I'll sey ... why em I not carrying a stlck ... but that is so rare that by the time I get home I have forgotten that . But I did have an inc ident al my commercial property where a client came to see me, was walking on my property with a three year old and a pit bull was out through the Jate on my property . The client celled the dog people . They came end sa id ii was a pit bull and issued a ticket. I think it happened twice , but I am not sure . These people have taken good slaps . They tether the dog now . I am sort of satisfied with th is, but when I saw this come up as a discussioe before you , I thought I would just indicate too, what experiences that I have had . My hat Is off ... and I lhink the best ev idence is these letter carriers . They do it every day . Whatever they say ... to me ... carries a big amount of weight, because they are sort of on patrol every day . I think the tough part about this, I think there is a lot of political pressure on you nol to do things . I sort of caught the idea that you were breed specific al one tlme ... had opposition to that and then changed from breed specific to vicious . And I think it is being suggested thal courts can 't figure out wha t vicious is ... they figure out loiter ing , they figure out vagrancy ... they can figure out vicious . Don't shy away from that. If you think that is the right • answer, do what you think is right. Here is the tough problem ... other cities around us have had a tax ... Denver, • Aurora ... we aren't going to be immune to that, ii is go ing to happen here . 'Ind here is the tough part , the polit ical pressure on you is to do very little, because the dog owners come and say ... do nothing for whatever reason ... don't do anything . Well, you know, inevitably the probability of statistics is that someth ing is going to happen in Englewood . And unfortunately, the electorate Is not going to remember who you are , but you are go ing to remember that you were here in 2007 and what you did to try to make ii a safe City for all of us . I think the rr ·ssag e needs to go out from th is Council...Englewood is a safe place to live , to ra ise your kids , to visit, to be c.mmercial in and you are going to take the steps to do that regardless of political ~r ossure one way or another. That is your bigger issue , I think . Thank you . Mayor Wolosyn said thank you . There was applause . Suzanne Bauer, an Englewood resident, said in the interest of time , I will not re,eat what everyone else is saying , bul Just to let you know that I support the change in the definitions of attack and vicious dog . Basically, what I was going to say sums it up , that right now the defin ition of attack, the wa y It stands , describes my four month old Border collie. She barks at fire hydrants . Should I worry about r .,.i n•J sued for that? I mean, she is not a vicious dog and she just tonight, actually ... before this meeling ... ironically, got her last shots to be approved for puppy preschool. She doesn't have a clue as to how to act. She barks at every dog , she barks at every person and she backs up while she does ii, because she is scared and she doesn 't understand the world yet. Bui does that make her a vicious dog? So that is all I am going to say on that. You guys have heard enough of that . I am sure you get our point , that we need to change the language on that so that il is just clearer and more protective, so II is not abused . Mov ing on, you have a section In here for cruelly to dogs and cats, underneath it is tethering . I just bought my house last year . My husband and I chose Englewood , because we believe that ii was above the breed ban . I researched ... more than you would b~l ieve if I told you ... on what City we should move Into . I believed that Englewood was our best choice . I believe that ii was small enough and it was progressive enough that we wouldn't have to deal with that. I speak for both my husband and l. .. this Is an enlightened alternative to breed ban . We are very proud of the things that have been presented to us as lon g as they are just developed more . II ls just a draft, so there Is no reason why II can't be . If risk and danger • were pinned to only breed and species, I would be the first one up here trying to ban teenagars ... espec ially the on~~ In my neighborhood . So, if the ,,nfortunale circumstance comes , tha t you have to add ress a breed ban, I hop9 that you will hold another public hearing and give us a chance to speak , because choosing between your house and your dog Is not right. I know for one . I would take my business and rn~ house ... my dog ... ou l. My • Englewood City Council February 5, 2007 Page 29 loyalty would be gone . But , anyway, we have a rented house across the street from us that Is now up for sele ... ectua :•v, I have to take faun with that ... bul good fault , because ihey were renting It out to some people who were ex-cons and when we moved ln ... the first night we were there, at 3 a.m., thei r two dog• were tethered outside barking untll 7 a.m. the next morning . They did th is for two months ... every day, all day, all nlgh t...not feed ing th~m. not taking care of th em, not giv ing them attention . I would go over to make sure that 1hey were okay . I was over there every day tal k Ing to those owners . I also volunteer for No Kill Rescue ... a couple of them actually , Including one , which Isn 't a no kill , but I st ill volunteer to help with the dogs . Animal control told me straigh~orward , that the laws are set to protect Iha owners ... not the dogs ... that they could not do anyth ing about it. I was on the phone wi th them every day and they were very understand ing , but could nol do anyth ing to help me to protect these dogs. I finally got one of them lo relinqu ish a dog lo the rescue that I volunteer for and he Is now living on an acre of property up in Longmont and s1 1oil ed rotten . The oth er one unfo rt unately is probably dead by now . I have no idea, because we nicknamed the lady who owned them ... Psycho -Blker Chick ... so that tells you how she treated them . I do have one request to add ... lhere was on e th ing that wasn 't addressed In here for the cruelly of animals ... is dogs being left unattended In cars . And , I actually have a printout here if you would like to take II for your own reference . It is actually from Long Beach , New York and th ink of Long Beach as Che rry Hills , wllh each oc ean front property , so It Is a prelly upscale ne ighborhood . Bas ically , I am Just as king lo be added : violation of th is section for any person lo place or confine an anima l, or permit such an imal to be placed or confined or rema in in an unatte nded ve hicl e without sufficient ven tl latlon or other conditions , or for suc h period of time as it ma y endanger th e health , well being of such an an imal due to heat , lack of water or other circumstances as reasonably may be ex pect ed to cau se severe disabil ity. I spend most of my summers putt ing print outs on people's cars ... who le ave their dogs in cars and I have even gone as far as to reach in and op en windows , because dogs are fogg ing up th e windows . Just li ke we hear stories al l the time of kids and K- Mart . It is bad . And so , I would li ke to request you cons ider add ing tha t into th e po licy. • Mayor Wolo syn sa id than k you. You can gi ve II to the Cl erk . There was applause . • R.M . Sutton , an Englew oo d res ident , said I ha ve been here for 32 years . I think everybody in this room has heard enough about dogs fo r awh ile . I think th is ruling , this law ... or whatever you want to call it...was ~ush ed through on a wh im. I don 't know if any of you are an im al or dog lovers , but I think it was pushed thr0ugh without too much consideration . It ought to be totally reconsidered and sort of la ke care of the an imals , because I don 't th ink they need to be euthan ize d, unless th ere is a total provo cat ion or somebod y gets hurt re ally 'Jad . Thank you for your lime. Ma yor Wolosyn sa id thank you . There was appl ause. Am ie Wegene r, an En glew ood res ident , sai d I am a long tim e res ident of the City of Englewood ... more than ten years . I would like lo ta ke this opportunity to sincerely thank you for addressing th is issue and reco gnizing that our Jogs and cat section of the Englewood Mun icipal Code does need to be updat ed. I do support what I believe to be your intention s in !his matter , however these are comple x issues and further consideration Is defin itely needed before Counc il BIii No . 3 is ready to be pass ed. The problem wi th pets presenting a dange f, ;5 really a matter of people fa iling to be respons ib le pet owners . We need ordinances that define respons ible pet ownersh ip and recogn ize a required compliance . Many of my comments have already been expressed by the peop le who spoke before r 1e, bJI I would Ilka lo encourage you to realize that It Is impera tive to addres s th e owne r's behavior . Seizing and destroying the dogs Is not go ing to be an effective solution . We have people out tlhere who have dangerous pets . They view these p~ls as disposable and eas ily replaceab le. There Is nothing to stop them from having one pet taken and go ing and gell ing another dangerous pet. So , we have accomplished nothing by tak ing the ir dog, seizing It and destroy ing It. Pet owners should be encouraged to have property fenced yards . An>erlcan Humane has a fact sheet about dog bites , It expla ins the Importance of this Issue . They state .. ."dogs that are allowed to roam loose , outs ide the yard , expand thei r territory and will ,:,nen defend it aggressively . In add ition, tether ing or .. ~ainlng dogs make s them feel vulnerable and Increases the ir aggress ion ." Accordingly, pl~a se remove your proposed change In section 7, cruelly lo dogs and cats, wh ich adds tethering as an optl ~na l practice . Th is addition would conlrid lct B-5, wh ich stair I that a dog or cat housed outd oors shall be provided wllh the enclosu re lo minimi ze risk of ln)ur> and to prov ld•• sufficient spa ce to enable freedom of movement and exercise . Tether ing a dog does not constllule prov iding an enclos ure. Pet Englewood City Council Ftbru,,ry 5, 2007 Pig~ 30 ownert should be re4uired to spay ~nd neuter all cats anti dogs over the age of ~,x months . Again , there is Information out there from the American Humane, the Humane Society of the United States , the Amer ican Velerinery Medical ASsock,tion , that summarizes tl\e lr stu dies on lhls matter . Un-neutered dogs are more than 2.6 times more llkOly t~ bite than neutered oogs . I just spoke to tne Director of the Colorado Humane Society shelter today . We tal~ei1 about a &?etlfic case ii' which a vicious dog , within the City of Englewood , was neutered and it did make a difference in thai dogs personality . Pet owners should be required to treat eels and dogs in a humane manne:. Tile current ord inance lnlls short when It comes to this Issue . You have heard a little bit abocl th is. I'm goln(:I tu offer you some w,i~n comments and I hope you will take the time to review them later. Finally , we have he s,d that the proµosed ordinance needs to differentiate between a dog or cat t•,at acts in a manner that may be int,3rpreted as aggressive, versus a dog or a cat that actually inflicts physical r.arm on another J"'rson or an imal. 1 ~is distinction could be made by defining attack as aggressive physical contact with a person or other domestic ani n,rl initiated by a cat or dog or aggressive behavior that confines the movement of a person , including chas,ng, cornering or encircling a person . The defin ition of vicious an imal also needs to be changed accordingly. It is not appropr iate to label a dog as vicious , if it only barks or growls at a person or animal. Bark ing is a natural behav ior and primary method of communication for dogs . Dogs bark for many reasons . More reliable indicators of aggression are the animal's posture and body movements . There are options for dealing with dogs and cats who exhibit questionable behav ior. We need to take a look at that. We don 't punish people the same , based on whether the t are intend ing to commit a crime , as we do If they actually carry through with committ ing a crime. Dogs shouldn't be handled any differently . As a responsib le pet owner I do support fair ordinances that demonstrate a basic understanding of normal animal behavior and I do want to say, on a personal note ... living in the City of Englewood for over ten years I thought it would be safe to buy a house . I did so two years ago . Not long after I moved into that house I found out I was living on the block where there are one or more individuals, with cr iminal history, living . I had to experience that individual being outside of my home , during the middle of the nig ht. His behavior outs ide my home was inappropriate and included attempting to remove the screen on my bedroom window. He was given strict warnings by the Englewood Po lice Department to stay away from my home . Unfortunately, he was well aware of the fact that the Police Department isn't aroun( "1Y home 24 hour s a day to check on what he is doing. So that did not deter his behavior . But , when I adopted u 90 pound dog, who is in the house at night and barks when he is outs ide my home ... that gave him something to think about. I have not had any furti . •: problems with him being outside my home since adopting th at dog . She is not a vicio us dog . She does not bark at people who come lo my .. ;,me, she is prop erly socialized and trained and sh e is safe for children and other people . But, she does bark when someone is outsid e the bedroom window , du rin g the middle of the nig ht. Plea se do not ask me to compromise my personal safety by asking me to give up the dog who simply barks . Thank you . There was applause . Mayor Wolosyn said thank you . Linda Hart, an Englewood res ident , said I have been following all the contortions you have gone through trying to get this put together and I'm real proud of the City Council and all you have tried to do . I do have a few specific correction tt,at I would like to address in the way th e ordinance wa s written as proposed . On page 9, it says in 7-1A-10, you have in section B, the last sentence there ... the owner of any dog or cat shall be respons ible for any attack committed by that dog or cat aga inst any property, real or personal , live or Inanimate or human being ... that is under the definition of vicious animal, prohibited and I am wondering why that is there . It doesn't quite fit . I can see aga inst human be ing, live animal ... something along those lines ... but the verbiage there is a little bit strange. Also on page 10, under lmpoundrnent 7-1A-E , under hearing ... we had a portion In there under what was initially proposed , but was taken out , that gave some guidel ines to the courts on what the municipal judge should consider under a hearing on the lm poundment of an animal. That was taken out. I th ink that would better help define a vicious animal. Al so, when defin in g a vicious an imal, any ev idence presented at the trial , conduct of the animal during the incident charged , evidence of dangerous , violent behav ior by .~e • • animal prior , prior violations In the City or anywhere else , any conditions existing on the property where the • animal hed been or will be kept , which would affect the likelihood of any danger to aoy person , an imal or property . Those provisions were tal,en out. t gave a copy of that to Jim . It would be good to put those back in because it does help further define ... des ignat ing a vicious an im~I and what the circumstances would be . On page 11 , under lmpoundment locat lons ... it doesn't really ... if some one had a dog that was confiscated by the City , there are no provis ion ,, In there for that person, if you ha · ea dog that you don't want kept at the animal • • • Englewood City Councll February 5, 2007 Page 31 aheller ... thal you have a provision there lo allow lhel dog lo be kepi al a velerlnary clinic or a boarding kennel lhel would ba approved and would be willing lo lake Iha animal during lhal period of lime. If you have a dog lhal la aenalllve and pul II lnlo a sheller slluallon, II will jusl make lhe alluallon for lhe dog worse and II ls a lol of alresa on an animal and an owner . Also, lhere are coal and care issues . There may be a baller cosl lhan putting II In a sheller . Someone else ad~ressed, II an animal has been deemed dangerous, under lhe law, having a prov ision for laking lhal deslgnallon off of lhe animal. I think lhal Is real important and that Is something that wasn 't In here lnltlally . I lhlnk that would be something very Important to pul In here and something other cllies haven't done . Englewo<>d could lead Iha way on that. That they complete a training class succasslully , they do something with thal dog , lo change the dog 's behavior and also have to prove II to a velerlnarian , a behaviorist or a tra iner ... and/or a tra iner ... because not all behavlorlsls are real good al defining dangerous dogs ... and possibly somebody from animal conlrol. And ii they mel Iha crileria , if they were willing to do that wilh the dog and rehabllllale Iha dog, or If II was a slluallon where Iha dog was incorrectly deemed dangerous, they would have a way of gelling around thal. On page 13 you ha,e a secllon that repeals seclion F lhal is on page 10 ... on when Iha Clly can deem lhal an animal can be pul down . The only problem ls ... ln secllon Jon page 13 ... lhere Is no provision In lhere , like lhere is on page 10, for lhe dog lo be a presenl danger . If a dog Is out loose , ii is allacklng people , yes ... allow Iha animal conlrol officer lo deslroy lhe dog if lhey -have lo . Bui only as an absolulely lasl resort . So, lhal provis ion should be laken oul under Jon page 10. On lelhering ... lelher:ng lsn'I a r•al world opllon. Some people can'I afford a fence , lhelr landlords won 'I allow lhem lo pul in a fence . I1 lhey want lo have a dog , lhey shou ld be able ... under humane circumslances , lo lelher a dog . Their opllon , whal lhey are going lo do in lhe real world ... ! can'! lie my dog oul...l'm go ing lo have a dog, I wanl lo have a dog for my klds ... l'm going lo lel lhe dog run loose . So, in real world circumslances, lelhering ... nol being able lo lelher a dog oul lo go lo Iha balhroom, lo be a~le lo have some exercise is nol a good opllon . There are also some sludles ... l bel ieve II is from Cornell Unlversily lhal shows lhal lelherlng in and of ilself is nol lhe problem . The combinalion of abuse, neglecl and lelhering is where you come inlo a problem . So, Iha! needs lo be looked al a lillle bil more , ralher lhan banning ii lotally. And lhal Is ii. I'll leave you alone now . There was applause . Mayor Wo,usyn said lhank you . Torn Hignblood , an Englewood residenl , gave his home address and said I also own a home al another address in Englewood . I have had no problems wilh any pels of any kind, whalsoever and we hear a lol of , kind of, gloom and doom, bul I have an 85 pound dog and if you pel her she will go home wilh you . And, basically , whal ii bolls down lo is she is a very good animal ... my ne xl door neighbor has greal pels and I have never encounlered any issues or any !rouble wllh any of lhem . Aller browsing lhrough lhls proposed ordinance, I was trying to figure out where in the world we are going to come up with the funds lo affeclively enforce somelhlng like lhls . I just don 'I see II as anything but a money pil. I'd prefer to Jusl see lhe whole thing gel dropped altogether, lel the media know lhal Is whal we have done and allow the clllzens of Englewood lo police Iha µ •. owners that are out there . If they see abuses, lel lhem handle II In an appropriate manner , through some sort of an effeclive avenue, either wllh another animal control ... or addilionel animal control personnel. And have clear gu ldellr,es and outlines of how to do this, such as video or photographs . One example ... ! had an old ne ighbor, a few years ago ... chained his dog up and all he did was lhrow bags of dog food out to II. Thal was II. After the dog was, basically, emaciated and near dealh ... me and anoth&r neighbor took Iha dog ... we tried anlm&I control and they wouldn 'I do anything. The neighbor never even knew the dog was gone and, frankly, he obviously didn 't care . Really , I lh lnk the clllzens of Englewood need to police lhls and II you make II known that lhal Is what Is going lo happen , ll•en I don 't think you are going lo have any kind of troubles whatsoever ... let's face 11 ... you will have hundreds of thousands of eyes out there , as opposed lo a handful of animal personnel or law enforcement trying to accc,mpllsh whal, really , cannol be accompllahed ... whlch ls ... prolect the safety of everybody out there ... every little girl, every llllle boy , every person that even gels approached by a dog . Also , the scary numbers that you hear ... and part of the whole doom and gloom and a lot of emollon ... go talk lo the firefighters , go talk to Swedish Hospital. .. get some real En glewood numbers , as opposed lo just some of these offhand numbers lhat a,e thrown oul by the lhousands, that make everything sound so lerrlble ... whlch lhey are not. Clearly, I don 'I see any troubles and I have been In Englewood for 12 years . Thal's it. Thank you . There was applause . Englewood City Council February 5, 2007 P1g132 Mayor Wolosyn said thank you . Carla Davidson , an Englewood resident , sa id I have, according to the defin iti on In your code , a vicious dog . My dog has bit the mailman . My dog was not loose, he was on a leash . He managed to bile the mailman on the back of the leg ... whlle being walked . I was horribly mort ifi ed and embarrassed . I wasn't walk in g him, my son was . I apologized profusely lo the mailman , my mailman knows thal my dog is a problem and he has been really great about it. My dog growls and barks and charges the door when someone comes to the door, until he figures out who II is. My dog is a shelter dog , He is only a little bit over a year old . I have really tried to do th ings to correct this behavior . If you saw my dog al the doggy park , you would th ink he was wonderful. He plays with the other dogs , he interacts with the ladies . He has been abused . He doesn't like men , he doesn 't like people in uniforms . I don't want my dog put down for something the dog is not respons ible for . 'ie can't help that he was abused when he was younger . I try as a responsible pet owner to tell people this dog Is not nice, don't pet him . I try as a responsible pet owner to keep him on a lease . He managed to bite the mailman anyway, but II didn't break the skin, ii didn't hurt the mailman particularly and my mailman was very gracious , I must admit. I pick ed up phone numbers tJn ight , from people who might be able to help me work on th is dog's behav ior. I agreed with a lot of the correct ions that people wanted lo ha ve made In the bill that is go ing through . I want to have an avenu e. ... if my dog gels in trouble ... to have a corrective behav ior .. ,somehow in there . As I sa id, I picked up phone r,umbers, I'm going to work on this on my own, but I don 't want to see my dog destroyed . I love this little dog ... l've only had him for a little bit ove r a year, but I would go to any lengths, as any responsible pet owner would, to correct this behavior and I am really trying. When people come to my house to work on something in my yard, I say I have vicious dogs, I'm locking them up , don't come in until I put my dogs away , But I really didn 't like the port ion of it where they can destroy it without notifying you . I understand if my dog hurt somebody then it would have to be put down . I had another dog , that had a similar • problem , a similar sit uation , The dog lived to be 14 years old and never bit a soul. I told pe ople , this is not a • nice dog , don 't come into my yard., .stuff like that. .. don 't pet th is dog . And I managed ii for 14 years until the dog die d of cancer without ever botheri ng anybody . I applaud the fact that you are trying to not do a breed ban , I applaud the fact that there are a lot of good things in there ... requiring immunizatior,s. You have put a lot of work , a lot of effort into ii. I do agree with a lot of the things that need to be more specified . I was confused about the bod ily inju ry thing too, that I don 't think anybody ment ioned . It says in one pa,t where ii was just a bite, then bruising ... so if my dog nips somebody and causes a b1uise, is that....lhal was a litt le con fusi ng to me ... som e of that wording there . But I would want the ability, if my dog transgressed , to redeem the dog . That is really all I wanted to say . Thank you . There was applause . Mayor Wolosyn said th ank you . Mayor Wolosyn sa id that co nclud es the Public Hearin g, I would like to have a vote to close the Publ ic Hearing . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO , 3, AMENDING TITLE 7, CHA PTER 1-A OF THE ENGLEWOOD MUNICIPAL CODE RELATING TO VICIOUS DOGS AND CATS, Vote results : Ayes : Council Members Barren tine , Mccasl in , Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : None Motion carried and the publ ic hear in g closed , Mayor Wolosyn said I want to thank everybody for coming, sta yi ng late and sharing your thoughts , Council Member Barrentine said could you at least let them know what the process is from here . Mayor Wolosyn said yes , this was a public hearing and we will have second reading two weeks from ton ight. • • • • Englewood City Council February 5, 2007 Page 33 11 . OrdlnancH, Reaolutlon and Motion ■ (a) Approval of Ordinances on First Reading (I) Director Gryglewicz presented a recommendation from the Department of Finance and Admin istrative Services lo adopt a bill for an ordinance approving an Intergovernmental Agreement with the Soulh Broadway Englewood Bus iness Improvement District relating to the collection of special assessments . He said this Intergovernmental Agreement between the South Broadway Englewood Business Improvement District provides for the collection of their assessments th at suppurt the ir activities, which just includes the duties of the improvement District and the City. II includes the payment of reasonable fees to cover the City's expenditures , provides for what we need from them .. .i nciud ing the assessment rolls ... lhe dales and when delinquencies are due, what needs to be included in the billings and those sorts of th ings . And I should note that I did gel the bills out , as provided for in the ordinance on the 31 " ... so they are out there already. Mayor Wolosyn asked if there were any questions for Frank . Council Member Woodward sa id I have one simple qu eslion ... jusl under the financia l impact. The City will be paid the lesser of one and one half percent or $2 ,000 .00 lo administer to the colle clion ... does that include poslage ... the labor obviously ... bul all the paperwork , everything associated therewith? Mr. Gryglewicz sa id ii is all inclusive . They are going lo pay us a lesser of the one and one half percent or the $2 ,000.00, which I think should inclade all of our out-of-pocket expenses . II is difficult lo quantify the actual labor involved but, you know, th is is for the good of the community, so if there is more, then that is okay, because that is what we are here for . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BfLL NO. 6, COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER TOMASSO . A Bl~L FOR AN ORDINANCE APPROVING AN "INTERGOVERNMENTAL AGREEMENT REGARDING COLLECTION OF SPECIAL ASSESSMENTS LEVIED BY SOUTH BROADWAY ENGLEWOOLl BUSINESS IMPROVEMENT DISTRICT" BETWEEN THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND THE CITY OF ENGLEWOOD . Mayor Wolosyn asked if there were any commenls . Mayor Wolosyn said Frank , I do know lhere was discussion around this and I am gl ad thal your department is doing this, ii is very important. Director Gryglewicz said thank you . Vote results : Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Nays: None (ii ) Director Gryglewicz presented a recommendation from the Department of Finance and Adminislrati • Services to adopt a bill for an emergency ordinance approving the issuance of Private Activity Bonds on behalf of Jefferson Hills, a youth treatment facility . He sa id, actually, what Jefferson Hills is do ing is refinancing al a lower rate to be able lo offer these services to the community. Although the Center is not in the City, it does serve some of the youth in•the City and is available for use In the community. In the ordinance Itself, It has that it Is not to exceed $2 million, but the amount most likely will be $< .B million . And , the City will be relmbur$fd for Its expenses related to this , as will our bond attorr.ay . We are not obligated In any manner to repay 'llis revenue bond. II is all repaid from the revenues generated at Jefferson HIiis . Mayo• Wolosyn said and we discussed this in Study Session . Are there any questions for Frank? There were na no . Englewood City Council February 5, 2007 Page 34 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (II)· COUNCIL BILL NO . 7. COUNCIL BILL NO. 7, INTRODUCED BY COUNCIL MEMBER WOODWARD . A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD, COLORADO REVENUE BOND (JEFFERSON HILLS PROJECT) SERIES 2007, IN A TOTAL PRINCIPAL AMOUNT NOT TO EXCEED $2 ,000,000 .00; MAKING DETERMINATIONS AS TO SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PROJECT AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO AND DECLARING AN EMERGENCY. Mayor Wolosyn asked if there was any additional discussion . There was none. Vote re ■ults: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Se, vices lo adopt a bill for an emergency ord inance approving the lease-purchase of a Heavy Rescue Pumper and 1500 GPM Pumper from Capital Equipment Replacement Fund in the amount of $881,337 .00 . He sa id this issue was first discussed at !he 2007 Budge! Retreat. We went oul and bid lhese two pieces of equipment and right now we are looking al this tolal bid , not to exceed $950,000 .00 and inleresl rates on th is, not to exceed 5.75%, although I lhink when we finally do th is, ii is going to be considerably less lhan that. We are looking at some good bids ... more around !he 4% range , wilh probably yearly annual debt service no! lo exceed $135,000.00. So, I think , righl now we are actually looking at good rales lo finance !his ~Quipmenl over 10 years . Mayor Wolosyn asked if !here were any questions . Council Member Woodward said in the Council Communication you said ... leased over 10 years and then in the Bill it ment:o ns 11 years , in a couple different places , allhough the numbers are all !he same on lhe amortizations and all !he •otal numbers. Mr. Gryglewicz said it is 10 years ... lhal is !he lease period . Mr . Woodward said so ii should be 10 years? Mr. Gryglewicz said yes ... it says not lo exceed 11 , bul we are really looking at 10 years . Mayor Wolosyn said does the language need lo be changed ? Mr. Gryg lewicz sa id I don'! th ink so ... ii just has a not to exceed at 11 and we are looking at actually 10 . You could p ossibly go oul Iha! far , bu! we are not contemplating Iha! al !his time . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ill)· COUNCIL BILL NO. 8. COUNCIL dill NO. 8 , INTRODUCED BY COUNCIL MEMBER TOMASSO . A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO AUTHORIZING AND APPROVING THE LEASE-PURCHASE OF FIRE TRUCKS FOR THE CITY AND PROVIDING rlETAILS IN CONNECTION WITH THE I.EASE -PURCHASE TRANSACTION AND DECLARING AN EMERGENCY . Mayor Wolosyn asked If there was any more discussion. There was none . Vote re ■ult■: Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso , Oakley • • • • • • Engltwo~d City Council February 5, 2007 Pagt 35 Nays : None Mot ion carried . Mayor Wolosyn se id thank you Frank . (b) Approval of Ord inances on Second Read ing (i) Council Bill No . 52 , approv ing amendment to Title 16, Chapter 5 of the Englewood Mun ic ipal Code 2000 on Emergency Temporary Shelters was cons idered . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS S~CONDED , TO APPROVE AGENDA ITEM 11 (b) (I) -COUNCIL BILL NO . 52 . COUNCIL BILL NO . 52 , INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, TABLE 1.1 (C), AND SECTIONS, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO EMERGENCY TEMPORARY SHELTERS . Mayor Wolosyn as ked If there was any dis cuss ion. Counc il Member Woodward sa id I just wa ,t to sta te that I am going lo vote no on 11 (b) (i), simply because I think th is is tak ing the opportun ity ... for shullers , in the even t of some major emergency ... such as the possibil ity of the co ld spells, tornadoes or \\hatev•Jr .. and It really lies our hands and I don 't think there is enough language here that gives the City Manager enough ,uthority to change that bac k. so I am go ing to be voling no . Mayo r Wolosyn sa id I shou ld sa y that I didn 't know lhal Jim was go ing lo vote no, but i am go ing to vote no probab ly ;or different reasons . I think it is well crafted , but I re ally can 't , fo r the life of me , gauge the impact of what we are do ing . So , I am choosing lo vo le no , also . Mayor Wolosyn asked if there was any rnore discussion . Council Member BarrPnlin e sa id for the reasons that I discu ssed last time and si mil ar to some of the th ings you brought up, I am not go ing to be voling for this . And I al so th ink th at some consideration for the community needs to be involved in what we are do ing . Mayor Wolosyn said thank you . Are there any other comments? There were none . Vote results : Ay es: Council Members Mccasl in, Moore , Oa kley Nays : Cou nc il Member Barrent ine, Wolosyn , Woodward , Toma sso Motion defeated . (ii) Council Bill No . 2, as ·,mended , amending Tille 15, Chapter 9, Section 2 of the Englewood Mun icipal Code to clarify the type of tra ilers that may be stored was considered . COUNCIL MEMBER OAKLEY MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II)· ORDINANCE NO . 4, SERIES OF 2007 . ORDINANCE NO . 4, SERIES OF 2007 (COUNCIL BILL NO . 2, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AMENDING TITLE 15, CHAPTER 9, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , TO CLARIFY THE TYPE OF TRAILERS THAT MAY BE STORED . Mayor Wolosyn as ked if there was any discussion . Engl-ood City Council February 5, 2007 Page 38 Council Member Barrentine said I will be voting aga inst this . Just to keep 't sllort, I have already discussed this . I believe that the concems and objections to th ~ previous restrict ions on trailers have not been properly addre11ed so I can't , In good consc ience , agree 10 addll,.:r.,el resl•ictlons on th is. Mayor Wolosyn asked If there was any other discuss ion . There was none . Vol• r■1ult1 : Ayes : Counc il Members Mccas lin, Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : Council Member Barrentine Motion carried . (ii i) Council Bill No . 4, as amended , authorizing removal of the billboard at 2730 South Broadway and rebuild in g the billboard at 2896 South Broadway under a n:,n -revocable perm it was cons idered . Council Member Moore said I would like to make a motion to table th is. I would like to h%r more about this agreement in a Study Sess ion . There are a couple of reactions I would lik e to share . One ... a monstrous billboard looks worse than two small ones . t appreciate the pictures that were provid ed ... that I as ked for during first reading . I personally don 't th ink ii is a good trade -off. Secondly , the ad vert iser is ga ining 50 % space . That Is not presented adequately in the Information we were presented with ... a 10% increase ... but when you count the backsides of this , there is a 50 % increase in space ava il able for advertisement. I can 't believe we ca n't extract more consideration as we are work ing through this negotiation . The final point is that ii is not clear to me what we are gaining on the other side . If we are going to grant th is trade-off ... that in my mind ... with th is limlled information we have ... grealiy favors the advert iser . I would like to know what we are gaining on the development side of th is, to warrant doing th is. So , I need more information . I am not really pleased that th is • came to us on a first reading and I know ii Is hard to judge where to draw the line on things ... but , to me , this is • significant . I expressed my concern s on first reading and the informati on prov ided for second read ing val idated those concerns . W ith that said, I would like to make a motion to table this until we can cover it in a Study Sess ion . COUNCIL MF.MBER MOORE MOVED, AND IT WM SECONDED, TO TABLE AGENDA ITEM 11 (b) (Ill)• COUNCIL lllLL NO. 4, UNTIL COUNCIL CAN COVER IT IN A STUDY SESSION , COUNCIL BILL NO . 4, INTRODUCED BY COUNCIL MEMBER WOODWARD AN Cl~PINANCE AU'rHORIZING THE PERMANENT REMOVAL OF A BILLBOARD LOCATED AT 2730 SOI.J'fH BROADWAY AND REBUILDING THE BILLBOARD AT 2896 SOUTH BROADWAY . Mayor Wolosyn as ked ij there was any di scussion. Mal/Or Wolosyn sa id I actually support tabl ing it. I th ink that we want to encourage good development and I undarstand lhe effort here, but I think we all do need to know more about this development and if there is ae c,ther poss ible solution . Because , to me , this almost seems like Inters tate proport i<i 11s . Council Membe r Woodward said I agree . I did the same math that John did and I cam e up with the same numbers . Council Member Barrentine sa id I will be voling to go ahead and table thi s, becau se I do thin k that we should heve more information and It probably should have been brought to a Study Sess ion . But it Is an Issue that we arft going to have to deal with . If we have grandfathered in these billboards and we have more than just th is one ... there are severa l In my dlstrict...we are going to have to deal with not Interfering with future development by holding the throat and being obstln•te ., .hoping that , In order for them to do development , they are go ing to • get rid of those billboards . So, we do need to look at th is and I agree we probably could have had some more Information , but I arn very concerned about trying to use b1is os a way to hold people's knees to the fire , as If we are go ing to get r id of these billboards . I think there are some other, more progressive ways to deal with this . Mayor Wolos,.n sa id I don 't th ink we have to figh t...! think we are look ing for solu tions here . • • • Englewood City Council February 5, 2007 Paga37 But, Council Member Barrentine 11ld, obvloualy there 11 e nHd f0< m0<e dl1cu111on ... t Ill'" with that. Council Member Woodward said I would Ju1t like to 11y that I think everybody went, that comer developed . Thftl ls e gateway right Into the City . I can 't lm111Jlne anybody on Council not being In f1v0< of that. Council Member Barrentine said we have to make It nol lmpo11lble too . But 1h11 will be In a timely mannar ... we are going to move this fO<Ward? Mayor Wotoayn said t~ 1111 right. Council Member Oakley aald In a timely manner, being the key. Mayor Woloayn said yea . Mayor Wolr,syn said W there Is no further discuss ion , please vole . Vote rHulta: Ayes: Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Motion carried and Council Bill No . 4 Is tabled . (r.) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda .) 12 . General Dl1cu11ion (a) Mayor's Cho ice (I) Mayor Wolosyn said I apprec iated Iha small Economic Development G•,lde that was put In our packet and I know that II said It was being passed on to ACE and P & Z but I would also like II lo go to the EURA members. I think that some of their dec isions would benefit from that. (II) Mayor Wolosyn said I would like to congratulate Karen Main on her award . I think II Is the Rocky Mountain States Employers Council for HR bast practices for her computer coaching network . Well done , Karen . (b) Council Members' Cho lca (I • Council Member Barrentine : 1. She said I just wanted to tell Rick thank you for that update that ho gave us at the Study Sess ion . appreciate that. It Is a nlett way for us to help keep our constituents Informed. 2. She said to the citizen who spoke earlier, who unfortunately rnlsunderslood my Intentions . I would never encourage anybody to not address Council, but I always would encourage any brand ~•w citizen ... some one who has only been here for six months ... and dealing with a long term 10 year :>Id problem , to try to get as much lnf0<matlon as possible before they Jump Into the fire and may experience a situation that they don't have all the lnf0<matlon 10<. I appreciate that Chris Olson took the time to talk to him that night. I'm 10<ry that there wasn 't a reaolutlon , We seem lo have still an enforcement Issue and hopefully the other two Council marnbars ha talked to can fix that problem . 3. She said I wanted to, while they are not her8 anymore at a quarter after 11 , I don 't blame them, I wanted to tell all the people who came to the Publlc Hearing ... both f0< the Seminary project and f0< the vlclou1 dog ordinance, that I appreciated their Input. I really hope Iha• in the future when we address l11ues like this that we can kind of sotlcll lhal lnf0<matlon and that Input prior to ordinances being made up, put out there and people having ownership and th ings that maybe could have been addressed In a better proce11 . Thanks . En111-ooc1 City Cou ncll February 5, 2007 P1ga 38 (!i) Council Member McCeslln said you know, Engla:OIOOd has an open mike system for the public to ,peak on any topic at any public meeting . I feel lhat I: 's very laapproprlate for any n,amber of the Council or staff member lo discourage ~, hinde r anyone from speaking before Council al a public meeting . 'Iii) Council Member Moore : 1. Ha said first of all , I appreciate the follow-up on th e dog attack . I forget where ii came up , but somewhere In our information we asked for follow-up about someone who said their dog was killed and nothing was done about ii. I apprec iated the information being vary clear that Iha dog that killed the little dog was acting In self-defense . II is ju~I a rem inder that there are always two sides to a story and two opinions . Thal sounds terribly cold and I do feel sorry for the people who lost their dog , but the way ii was presented lnitlally ... we always benefit from a fuller story . 2. He said staying on the dngs ... l would like lo queslion ... firsl of all the participation tonight was amazing, a lot of good information . I don 't feel like I could possibly be raady lo vote on this in two weeks . I would love to gel Council's reaction lo several points that were raised . Is a second reading in two weeks a necesslly ... does a limeline dictate that? Or could wa gel a Study Session n between now and a second reading? Mayor Vvolosyn sa id we could talk about ii. .. I don 't know what we have on the Study Sess ion , bu, we could try. City Manager Sears sa id we have liquor licens ing, and we also have legislative update . Council Member Moore said first of all, let me ask ... would Council generally benefit from that? If that is just my opin ion, I can deal with that. Council Member Woodward said when ii comes up for second read ing aga in, couldn't we table ii and bring II back lo a Study session just like we did for the other item tonight? Mayor Wolosyn said I don't know if my changes would be so much that I would want lo prolong the process . Cou ncil Member Barrentine said my concern with doing that is that if you are going lo tell people that you are going to go ahead and have Information going, have the vote on something, have them all show up so that we can si, there and tell them we are .1oing to table it and we are already planning lo do that, I think that Is inappropriate . If we are going lo ta ,,1e ii , then we should go ahead and make that decision , but not wail until that night and waste people 's lime . Council Member Moore said that is exactly why I am ask ing the queslion ... agreed . Council Member Oakley sa id but by the same token, you know, so many people spoke tonight that we need lime to digest it. We need lo be cognizant of their views , so we need to rlgure out a way lo do that. Mayor Wolosyn said , Dan, can we just go ahead and change the dale of the second reading? City Attorney Brotzman said sure . Ms. Wolosyn questioned the process to table an item . Mr . Brotzman said a table requires a majority vote lo bring ii back up . If you simply want to postpone that, you can do that. Ms . Wolosyn said we can just postpone the second reading?. I prefer lo do that. Mr. Brotzman said sure. Council Member Moore said we need to make that my motion lon l,Jhl? As lo Leurelt 's point, we don 't want lo mis-advertise It. Council Member Barrentine said lo make that clear , I don 't object lo mov ing ii on and discussing ii. I just want lo • • make sure we give enough Information so people are not coming lo Council expecting something to happen. I • just didn 't think that was fair lo them . Mayor Wolosyn said I would Ilka to suggest that we postpone the voling of second reading , until the first meeting in March , if no one objects and Tom could put II i the newspaper . • • • Englewood City Council Februery •• 2007 Page 31 Council Member Barrentine said I have one question . Dan, during the process , II we need more time, can we go aheed and still have the opt ion or postponing that vote aga;n? Mr . Brotzman said sure . Ms . Barrentine said okay, I just wanted to make sure . Council Member Moore said to be honest , I think we have already identified eno ugh things . We know that we are going to go to first reading again , because there were things that we had already identifie d ... the tethering prov isions , for lnslance , needed clerillcatlon. I th ink, Dan , you already said lhal is probably enough to push ii back to a first read ing , anyway . So , we've st ill got a little ways lo go on th is. Mayor Wolosyn said how about bring in g this back to a St udy Sess ion on February 26'" .. th e only th ing we have scheduled that night is to review hotel /motel regulat ions . There was agreement among the Council m0 mbers . Mayor Wolosyn said ii ii ends up that nigh t that people aren 't going lo he ready \o vole , we will be able lo ascerta in that in that mee ti ng . 3. He said my final issue is on Pennsylvania Street. Do we have that coming to us in a Study Session al some po inl...some or the po ints raised? II not, I would like to request ii. I wo uld li ke to have a chance for us lo debate what is wrong wilh the current situation and is there someth ing that we wish lo do lo change the capabilities , go ing forward, or the City ... lo address ii. Thank you . (iv ) Coun cil Member Oakley : 1. He said I would like to comment on what John just sai d about th e Pennsylvan ia Street situation , since it is not a norm . It Is an exceollon lo the no rm, I don 'l leel th at we need lo change a who le bunch or ordinances . We need lo try to address t,1al situation under our current ordinances and see what can be do ne . And ii that can 't be done , then we may have lo lake other steps on ii ii people wa nt lo go ahead and pursue ii. 2. He sa id I was impressed wi th the numb er of people who spoke here tonigh t and the many diffe rent ideas that they had . Since we have already addresse d wh at we have , that is all I will do on that com men t. 3. He sa id I would like Council lo approve my expens es lo go lo th e National Le ague or Cit ie s Conference in Wash ington D.C., in the amou nt or $2 ,177 .00. COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE EXPENDITURE OF FUNDS , IN THE AMOUNT OF $2,177.00, FOR COUNCIL MEMBER OAKLEY TO PARTICIPATE IN THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D.C., IN MARCH 2007. Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward , Tomasso Nays: None Abstain: Coun ci l Member Oak le y Mot ion carried . (v) Council Member Tomasso : 1. He said the citizen with the probl em on Pennsylvan ia ... I sp ent a long time on the phone with him. I encouraged him lo appear before Counc il so that he could present his concerns lo the full Counc il and I also talked to Bob about the situa ti on . Bob contacted him . We know ab out th is particular problem ... mosl ol lhe Council knows abou t th is part icu lar problem ... slnce II has bee n on goi ng ror six to ten years . II hasn 't been resolved . There Is a series or Code vlola ll ons , posllngs, etc an d I leel ii was very inappropriate for someone from a different district tu come In and prevent the citi zen rrom presenting their con cern s to us . Council Member Barrentine said hold on a second . Mayor Wolosyn said I am go ing lo make a po int or hono r. Ms . Ba rrenllne said I stopped when th e citize n did th is. They were give n mis information . First of all , I didn 't know who the person was when they pre sented the iss ue lo me . I made a suggest ion lo a new citizen here that they might want lo talk lo our Safely Se rvices Direc tor pr ior lo do ing anyth ing publ ic , I didn 't preveni anyone , I Englewood City Councll February 5, 2007 Page 40 didn't atop anyone . I didn't create this situation, nor did I even know who the person was at the time . The fact that this person has run against several of you In an election seems to be more of an Issue . Don't sit there and make It as If I have creeled this problem . It has been going on for a long time. I didn't stop anybody from that neighborhood In talking to the people from their district, nor has anybody been prevented from talking to me about any problem thal goes on in this City . Now , while I am out their talking to somebody, to have another Council Member Interrupt, give them false Information, as if I have something to do with the situation or Information lhal I am aware of that I am not , Is inappropriate as well . Now I have addressed II. You two haven 't fixed It either . I wasn 't even aware of the situation that night. I gave the best advice that I could lo a constituent In this City that I could and I would continue to in the future . Council Member Tomasso said and this issue has been before the Code Advisory and you serve on Code Advisory . M~. Barrentine said not...Mayor Wolosyn said I am going to slap in right now . Ms . Barrentin e said that I! not true . Ms . Wolosyn said we have this on a fulure ... we have the objective ... Ms . Barrentine said it is not my pr<•blem , I didn"t create this problem . Mayor Wolosyn said I am going to mention two things . Council Member Mccaslin said if she can address this, we all get to address it. Mayor Wolosyn said Bob , I am going to say something . Mr. Mccaslin said okay. Ms . Wolosyn said I think this might warrant just another one of those Study Sessions where we talk about our eliquelte towards one another and maybe we can come to some agreement...but do ii in an objective manner. And also, we are going lo deal with Pennsylvania Street in an objective manner. I think that your very objective statement was well taken and we can come back to that, but I don't want lo ... okay? Mr . Tomasso said okay . 2. He said the other thing about the vicious dog ordinance, I find it very interesting that to have a vicious dog , you have to inflict pain ... you have lo be the recipient of pain . It would be very similar lo someone having pulled a gun on you and not constituting an assaull, possibly because the gun wasn't loaded, possibly the gun was loaded, but you had to shoot the person to constitute an assault with a gun, or hit them with it. I find that very interesting that none of the dog owners want to constitute a vicious dog 'Jntil ii has bitten, scratched, Inflicted bod ily harm and pain on a person . And that is another thing we need lo look at when we are looking at a vicious dog . If the dog inflicts pain, it is a vicious dog . And there are points before that dog inflicts pain, it is a vicious dog. II doesn't have to go all the way to pain, medical bills and rehabilitation on the individual that receives the damage . The one thing that we cou ld do to protect the squirrel situation is to sa y "domestic animals " Mayor Wolosyn sa id maybe some of this is good for the Study Session . Mr . Woodward said I don't think we have any domestic squirrels . Mr . Tomasso said the guinea pigs and the bo xer thing , those are domestic animals . Ms . Wolosyn said so bring that up al the Study Session , but you have my vole . Mr. Tomasso said well that is where I wanted to go with that. (vi) Council Member Woodward : 1. He sa id I also, as you did, I wanted lo acknowledge Karen Main for her award and the work she has done with the IT people . 2 . He said I also want to thank all the dog people for the concerns th ey brought forward and for all thee- mails that I have received ... all the phone calls that I have had over the last few weeks . I do feel like I have a lot of information and objectives that they ha ve discussed, that I can come back with . 3. He said and lastly , I want to acknowledge Code Enforcement and Gary Condreay and the Code Enforcement agents who have been out there. I know, with regard to sidewalks and probably slipping and sliding around as much as the mall carriers . I think there Is an Issue with regard to cleaning those sidewalks that at some point, either during Study Session or maybe moved on to Code Enforcement, we are going lo want to look al . 13 . City Manager's Report City Manager Sears did not have any mailers to bring before Council. • • • • Englewood City Council Februery 5, 2007 P119e41 14 . City Attorney'• Roport City Attorney Brotzman did not have any matters to br ing before Council. 15. Adjournmont OSYN MOVED TO ADJOURN . Tha meeting adjourned at 11 :28 p.m . •