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HomeMy WebLinkAbout2001-09-04 (Regular) Meeting MinutesENGLEWOOD CITY COUNCU. ENGLEWOOD, AJIAPAHOE COUNTY, COLORADO i.,plarSealoc, Sep•:embtr 4, 2001 I. Call to unlor The regular meeting oflbr. Englewood City CoWlCi) was called 10 order by Mayor Bums 117:42 p.m. 2. Invocation The invocation wu given l y CoWlCil Member Nabbolz. 3. Pledce or AJle&l· ,ce The Pied&< of Alleai,,nce wu led by Mayor Bums , 4. Roll Call Present: Absent: A quorum wu present Also present : 5. Mlauta Council Member, Nabbolz, Gnzulil, Garrett, Bradlbaw Wolooyn, Yurchick, Bums None Ciry Manager Sean Ciry Anomey Brotzman 1>eM Ciry Clerk Cutle Dq,ury Ciry Clerk White Assistant Ciry Manager Flaherty Dir<ctor Ross, Public Worb Director 01100, Safery Service, Division Chief Moore, Safety Services (al COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR Cl1Y COUNCIL MEETING OP AUGUST 20, 2001. Ayes: Nays: Abstain: The motion carried. Council Mernben Garrett, B"'1shaw, Wolo1yn, Yurchick Grazulis, Bums Nooe Cowicil Member Nabbolz [Clerk 's note : Council Member Yurchick advised, all,r the meetina, that he intended 10 abstain from lbisvote.) 6. Scbedultd Visitors Eoalewood City Council September 4, 200 I Pago 2 (a) Paige Brodsbaw and Heather Vandmlruo-Hlllll"""' present 10 address City Council regarding tho upcnming Allhriris Foundation Marathon. Ms . Bndsliiw thanked Council for tho oppornmity lo speak lo them. She explained that they would be numing a marathon to benefit tho Arthritis Folllldatioo, so all tho money nisod would go to that organization. The marathon will be held on December 9• and, between tho two oftbom, they have to roiso S8,400 .00 . Tho imnoy, she said, will all go lo either research or education. Ultimately tho goal would be to cure arthritis altogether. Ms. Bndsbaw said they have learned a lot through researching this . Thero are over I 00 kinds of arthritis . She said they ar, really excited and are doing it in honor of her father and Ms. VandorBralce -Hunt 's aunt and uncle, bt cause runntn nrc asked to pick an honoree for whom to run. She said they were h~ tonight to present th ·ir financial goa1 to Council and ask for their suppon. Ms . VanderBralcc.Hw:t said the y wanted Council to ask them why they should invest in their cause . She said there are several rwons. She said she grow up in Englewood and was a product of Englewood Public Schools and i..id come back after several years of being out of state to serve the community. She said sLc and Ms . Brodsbaw both work al Englewood Recreation Center, doins ,enonal training and fitness for people who live in tho community. We think this will bcocfit people ho suffer from arthritis, which affects ooc in six Americans . Thero was an article in Newsweek on September 3,., abc advised, about arthritis and how many Americans it affects. We would be numing in honor of them and bolpina to educate and servo them, since they are 001 able 10 do it themselves, she said. We also think ii will boocfit the comn:am.ity, because, as City employees and fitness trainers, we believe it is important to pnctice what you preach, and we feel wo would be able lo do Iha~ IK': only by lrlioing ounclvcs, but also usina tho money for I greater cause . Finall y, we feel that we , ouni;lves, would benefit from this because, obviously, wo are gottir~ in bettor shape, which helps us serve our clients, but also it bas just been a good opportunity to serve other.,., She asked Council 10 consider whether they would be able to support them, as a Council, and also individually, as you sec how this might bcocfit you, your family members or friends . Ms . Bradshaw passed oul flyers 10 Council regarding tho marathon. Ms. VanderBrake.Hunt stated that they are passionate about this cause because they service so many of their own clients who are all differe•Jt ages and abilities in the area of fitness . They have a lot of seniors whom they work with and many of them suffer from this disouc and they see that their work can boocfil them. Mayor Bums thanked them for coming. !.Je said they would take it under cons ideratio n and wished them luck on their fund raising effons . Council Member Bradshaw asked when the marathon would be. Ms . VanderBrake•Hunt advised that it is the Honolulu Marathon on December 91111 • 7. Umcbedulod Visitors Mayo r Burns advised that we often have confusion when we have public hearings , There are a number of peop le who signed as unscheduled visi tors because of the animal control issues we have before us tonight. We ille having a public hearing on tho:;c iss ues , wh ic h is not pan of the unschedul ed visitors . If you want to speak on the animal control iss ues , you should speak at the publi c hearing, because that is the official record of the comments abou t the 1m.ir..al control ordinances . If you speak in the unscheduled vis itor category, he stated, you will not be pan of th e public record on the ani mal control issue s. Maybe some of yo u have signed on both, he said, but the unschcduJed visi tors may speak for up to five minutes . We invite :myone to speak on anything they want 10 , but almost everyo ne who signed OD this unsc hed uled vi si tor list have said they want to speak on 1hc an imal contro l issues . Mayo r Bums said he would call all th e names , beca use they have signed, bu1 if the y wa nt 10 spea k :u the public hearing un animal control, he asked that Ibey speak there and nol under unschedul ed vis itors. bccaus: the y would be ma king a record OD die wrong • Bnalewood City Council September 4, 200 I Page 3 part of the agenda. As I go dowu t'ic lis~ indicate tom, if you ue willina to spcalt 11 the public bearina on IJlimal contro~ rather than under IIDScl>cdul,d visitors, he llid (a) Kevin LaPrise, 2931 South Clark.son, said he signed both and bas anodicr issue. He said his other !Jsue wa.s the conc"'te issue . He said he understaads lhat I number ofua have electecl to pay• cenain fee each month toward that filnction. Three years ago, he said, he wu:bed some of bis neighbors get their cwbs and sidewalks fiud, and they were not nearly as in need of Rplir u bis wu. He thanked Council Member Nabbolz for being very responsive . He called her at home and she aot some things moving. Ile said bis problem is that, when be called the ofl"u:e to uk why they passed him, it wu very difficult to get someone to come out. When they did, they could not find where he needed the n,poin. Council Member Nabbolz bad no problem finding the area in need of repairs. Aho, he said it took him a couple of times to get someone to come out and actually fmd that area. Ms . Nabbolz informed mo lhat it would be done this June . He said be understands that not everything is within her power, but it bu not yet been done . He said he has some lovely purple dots and arrows on his sidewalk. which indicate a coming repair project. He said he wonders iftluu is, indeed, going to happen. Ken Ross, Director of Public Works, stated that is exactly right. We are doing llllr pre-construction conference with our contractor this week, and tney will be getting started probably next ="-They are going to start on one end of town and going throuah Enalcwood in• sys....,.tic way. They u:. not aoin& to be jun.,ing all over the place, so I don't want to give you any expectation that they are aoina to be out there next week. B~ ooce they get started, they will proaress all the way throuab town, he said. If it bas been marked, it is part of the proaram for this year, he advised. Mr. LaPrisc said that was very CI.cour.,;pn&, He manked Director Ross . (b} Bev Cununins, 3•141 South Broadway, said she kept waiting for others to come and talk Jo Council about sidewalk sales, buJ now we are right down to the niny-griny. We don't ~y have even a month to horse around here betwefn times and get it going . She asked ifthen: was a chance that they could push it up a little to about the mi1Hle of September, it would "'ally help. Mayor Burns asked if it was v!Jeduled now. City Manager Sears said he did oot know the process right off the top of bis head, but be felt lhat two a year were allowed and that there was a i,quest by the businesa association to have a sidewalk sale imder our ordinance . He said be did not see any reason why we could not proceed with Iha~ but he would have to check. Assistant City Manager Flaherty advise d that the cur..nt policy allows for two sidewalk sales a y:ar, however, in order to qualify, they must have at least five contiguous business owners applying for the sidewalk sale, and they would ap9ly to the Community Development Department. Ms . Cununiru asked who that would be . Mr. Flaherty said the Communit/ Development Department is on the third floor here at the Civi c CCDter, and the director is Bob Simpson. (c) Bill Clayton, 958 East Cornell Avenue, said be was thinking oo his way do,,.., that it was such a pleasant evening , it is a nice time to be living in yo ur car, because the weather is so pie sant. He distributed a letter to Council and said he would be brief. He sai d he really was not going to la 'k to them abou1 Jiving in your cu. House of Hope is a family resource center and sheller for families , ,·,c have taken over the old Arapahoe House detox building and. since January, have been providing shelter primarily to women with chil dren. The biggest drav,rback to us increasing our capacity is that it is an old building. it wa-. built as a coovenl, and it bas all kirufj ofprohlems that make ii difficult for us . One of the most µ, ~sr ~g issues is the need for a residential sprinkl er system to prote'"t the residents in case of a fire . What a cawttophe 1f you were a sma ll ct>ilJ, living in an unfamiliar place, and the building were to catch fue . We have eng:iged an engineering co mpany, they ha ve don: a fine job for us, 3.Dd we hnve se lected a co ntractor. Ne arc on lhl ver:c of embarking on this pro,ect, which will cost us abou1 $30,000 .00. Mr. Englewood City Council Sq,tember 4, 2001 Page~ Clayton said be wu hen, this evening to ask if the City would consider waiving the pcnnit fee for th: spnnkler system. Certainly, if you can 't do tha~ we wtll find a way 10 pay for it. This is an~ project and we have to act it done, so we would appreciate your consideration on that. Most oftbc funds that IUJ)pon this projeet are public funds , or donated funds, 10 ii b going lo come from there, prob,.!;ly, an!fW•Y· We hive prevailed on the Englewood Small lllisiness [JCvelopmcnl Corporation to lo,u us aomc immediate cash so we can pay our contractor, because we reaU / don't have the money in the h:cnk. We m using a CBDO grant, thanks 10 the efforts of Janet Grimmett who assis1ed us through the City 1'1ld through Arapahoe County. If all goes well, since our CBDO grant •,xpires September Is•, we will hl,l thi, project done by then, and will be able to increase our capacity and will be able lo lllce intact families . We really can't do that right now, since om capacity just is not big enough. He thanked Council for tht:ir consideration and said be would be happy to take questions . We can all be vcr; proud lo have this f,,eility in our community, he conc1uded. It is doing a fine job and the neighbors seem to be very much in support of it and it is a good project for us . Mayor Bums told Mr. Clayton that Council appreciates his work on thi s, as it is quite a yeoman's effort :tar he has made on this facility. It is quite an improvement over what we had there before, he said, a.nd ofTcrcd congratulations , Council Member Oruuli, uked how long the women with children actually live there. Whal is their avmge stay? Mr. Clayton said the intention is that they would stay ninety days, and during that tirl<, they can save their money, get a job, get their Irids in child cue and then transition into a more pcrma!Y.',lt type of housing . Everyone 's best efforts a.od best intentions arc not always born out in reality, he aliowed . Once someone comes to the House of Hope, we can't make them stay. ibe experience has been tbtthe,r generally stay less time than that One of the reasons that the stays hive not been u long a, we would b"l,,, is that we have not bad the money to afTord adequate case managemen :. We have another CDBG grant Lbal is funding rwo ease man,gm thar started in July, and Mr. Clayton fell that would help, because these folks ::an obtain some additior ~ wistance in 1ife choices and life skills . He \~It they would stay a tittle lonser, so that when they do leave , they will be more successful. He did not kno v if there was an average, as tb:y have people stay as short as a week or two and don't like the rules, or they sometimes stay the entire ninety days . Ninety days is our intention, he said. Council Member Bradshaw asked about the cost of!he pennits . Mr. Clayton said be did not know, but imagined it would be about three and a h.1lf percent of the cost of the job. Our contractor has bid it it $23,000.00, he said, not including the tanks , which arc another $6,000.00, so we arc looking at abo\, $30,000 .00. He did not think the engineering would be figured in the pennit fee, so he thought they"~"' p1obably looking Bl about $900 .00. Director Olson 11Sked, ifhe were able to find that out tonight, whether it would help them make a decision . Ms . Bradshaw said yes, but she did not have u problem with it anywa y. City Maruager Sears said Council could come back to this issue . Mayor Bums said yes, we have a very full agenda.. Ms. Bradshaw said we need to get back 10 them in a time ly manner. Mayor Bwns said another thing we cnn do for those who signed on the unscheduled visitors for animal control issues is call them first when V.'C get to the public hearing on animals, since the y probably got here early . He said he would continue down the list 10 see if they \Ylsh t-: spcnk at the public hearing. Mayor Bums read the following names , all of whom stated that I.hey woi.:ld like to speak at the public hearing : Mary Hocrt, Stan Munyon, Virginia Saucier. Vernon Tate, Ron Zito, Joe McCue . The las~ name on the lisl was illegible and th ere was no response 10 Ma yo r Burns' pronuncfo tion of the name . Sandra Bartlett had signed but did m, r.mt to speak at all . • • Enalewood City Council Seplomher 4, 2001 Page 5 Mayor Duma uked if there wu lll)'ODC ebe who wi5hcd to address Council There wu no !UpOIIIC. 8. Communk1tlo111, Procl1m11lona 111d Appolatmeall There ..-crc no coD1111111ications. proclazmtiom or appoinbncnlS . 9. Public Ht1ria1 Ma yor Bums advised that Agenda ll<!m 9 (a) and (b) would be coasidet<d in oae public bearing. He lllled that IWO public bearings arc scheduled, and, after talking with the City Attorney, and since IIIIDY of those present would like to speak to both issues, he felt that legally we could hold both public bearings at the same rime. If you wanl to tallc about the leash law, thal is fine, if )'OU want to tallc about the number of dogs and cats, you can do that aU at once, be advised . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO OPEN A PUBUC REARING TO GATHER INPUT ON COUNCIL BILLS NO. 36 AND 37, AMENDING ffn.E 7, CHAPTER IA OF THE ENGLEWOOD MUNICIPAL CODE, PERTAINING TO DOGS AND CATS AND THE NUMBER OF ANIMALS MAINTAINED PER HOUSEHOLD OR PREMISES. Ayes : Council Memben Nabbolz, Gartett, Bradshaw, Woloayn Yun:bick, Grazulis, Bums Nays: None The motion carried and the Public Hearing opened. All persons giving testimony were duly sworn. Patrol Operotions Division Chief Moore, of the Departmcnl of Safety Service., advised that tonigh~ Council had before them two bills for ordinances, Council Bilb No. 36 and 37 . Council Bill No. 36 dea!J primarily with the leash law, to pul it in the briefest terms, although lbcrc arc elcvco actual changes to Tille 7, Chapter IA, dealing with animals, and various aspccll of the animal ordinlnccs in the City of En glewood. TbiJ includes de1lin1 with animal care and animal cruelty issues, IIDODg some other llnguage changes in the ordiauce. Council Bill No. 37 deals primarily with the issue of the number of dogs and call that a household may or may not keep in the City of Englewood. Essentially, the language for lbcsc two council bills wu developed through the work of the Code Enfon:cmcnl Advisory Connnittcc, in consultation with Slaff, over a period of several months . Whit you have beforc you is the language that is being proposed with some adjusunen11 by the Code Enforcement Advisory Committcc. Council is conducting a public bearing to addrcsa lbcac two bills. Division Chief Moure introduced in to the record the Proof of Publication of the Notice of Public Hwing, which appeared in the Englewood Herald on August I 0, 200 I, giving notice In the public of this bearing. Mayor Bums st1ted that it was not legally necessary to have a public hearing on these ordinances. but Council felt the public would like 10 have input on them. Division Chief Moore introduced the chairman oftbc Code Enforcement Advisory Committee, Don Roth. who spoke to the: issue of how these ordinances were fonnula1ed . Don Rolh, 2830 Soulh Sherman Sttce~ stal<d that be wu chairman of the Code Enforcement Advisory Committee, which is a mouthful , so from here on out. we will use the acronym CEAC. He introduced the members of the committee who were present Present were Bill McCa.hill. Edna Blair, Bryan OcsMancau, and Ruth Hansen. He sa id they began in 1998, when the committee was reviewing the nuisance abatement ordinance lhat was before them and at tha1 time , they became aware of a number of issues in the code that were welk. or had ambiguous langW1gc:. The llllimal issue section was one that C:llllC 10 the forefront. primarily the issue of 1he lca:h law or lack thereof. Essentially, the way the code reads now, the lea.sh lAw Englewood City Council September 4, 2001 Page 6 is, in essence, unenforceable unless there is an attack involved . Mr. Roth said they kept putting it off because dley knew it would be a bot topic . A little over a year ago, Eaal.-xl 1t1identl Ruth and Ned Steel attended a Cl.AC meeting to cxpross their concern about weab.osses in the Engl.-xl Municipal Code rogarding the humane troatmcnt of animall . They aped to do aome roxarcb 111d provide ua with some roconunendations as to what they felt should be in those sections . He interjected tbct Ruth Steel WIS going to address Council later, so it would be best to ask her any questions they might have about that Tho committee looked at the code provided by the Steels. They also had something else that helped them make the decision to go ahead and address 11 nwnbcr of the animal issues al once . That wu the fact that, shortly after coming aboard as the Code Enfon:cment Supervisor, Dave Lynn began providing CEAC with monthly activity roports rogarding what WIS being done by the Code Enfon:emmt pmonoel. It detailed the numbers in some of the different categories , and by the time the Steels came to us, we had a year's wonh of data to look at, so it was obvious that it needed to be addressed , when it came to looking 11 animal issues . We looked at the code , both as pet owners, because a number ofus are pet owners, and we looked :It it from the viewpoint of neighbors of pct owners, and most ofus fall into that catcgoty. Bob Moore and Dave Lynn also provided us with the viewpoint from the enforcement side, and Mike Flaherty from the city management side. Over the ensuing months, tho committee di'5CC1«1 this code, ,entcnce by sentence, plu:ue by pluue. We did a lot of cutting and llboru,g at 1cngtb aver individual words, in some cuca, or phrases. Tho idea was that, if it made sense, make it enformhle, and if it docan 't make scnse, get rid of it. Our goal WIS to mon, cloarly define tho responsibility that pct oMlffl have to their pets, their aeigbbo11 and to the collllDlllity u a whole. Council Bill No. 36 is the result of those discussions, be said. For the benefit of tho citizens prescn~ Mr. Roth stated that the Code Enfon:emcnt Advisory Committee is a group of citizens, who meet on a monthly basis. They listen to input from people such as the Steels, who come to them with probltJIS. We try to list:n and act on them as best we can . Ultimately, we are an advisory commince, and Council gets to make the final decision . At this point, Council Bill No . 36 is our advice . On some of these issues, as the large crowd would dictate, the viewpoints arc rather polarized. 1bere are some who feel that an onfon:oablc leash law is unnc:ccssary . Last month thcro WIS a young lady up hero showing us the ribbons that she had won from her dog tnining, and it is ttally wonderful to see that aon of thing. If every dog in Englewood was trained like that, we would not be here . The problem is that this is nor the case. In order for her to win thnse ribbons, she and her dog had to demonstntc that they""" above average, even when coiqwed to other dogs and their trainers . In Englewood, there arc thousands of dogs whose training consilts of a rolled up ncwspa,:r. The question bcforo you is whether we are willing to place thatsamr: level of trust on thousands of dogs as we do on these few that have undergone all this training . Our monthly code cnfon:cment stati&tics tell us that this is not the case. Dumg the first seven months of the calendar year 200 I, thcro have been over 170 roports of constantly barking dogs, over 600 reports of animals at•W!l•, thoro have been over fifty roports of animal cruelty, and most distmbing of all , there ha ve been forty-seven animal attacks roponed through the first seven months of the year. These have rosulted in 150 summonses, and over 300 animals have been tnnsponed to tbc animal sbeher. Last month, the Colorado Humane Soc iety roportcd to you that they had roceived 629 &nirnals from Englewood in the calendar year 2000. These arc big numbers for any city, especially a city ofJ0,000, lie opined. According to the DMG Maximus rcpon on code enforcement presented in August of 2000 , Engl ewood bas the highest population density in Colorado for cities with a populaliol'\ or ;wcr 30,000 people . AJ, new development continues, that population density is on the rise . Neighbors arc being closer and closer together. Englewood is now an urban city ilnd the rural standards of the past arc no longer sufficient. Therefore , the CEAC encourages you to pass Council Bill No. 36, he said . For similar rcosons , the CEAC opposes Council Bill No . 37 as it is currently presen ted, he advised . The actual code that is currcntJy enforced reads tha t a singlt residence may house either two dogs or cats. That language is somewhat ambiguow, he felt. A conserv111~·we interpretation, which probably was what the original intent was, but ii is hard to :ell because it was written so long ago , is that the Jimjt was rwo dogs or two cats . A more liberal interpretation is two dogs ilr.d two cats, and this is what has been enforced by the Code Enforcement Division for the last several years . The CEAC unanimously suppons this libera l interpretation and we would like to see you amend Cu unci l Bill Nl 37 to reflect those limits , he asserted . As it currentl y stands, Council Bill No . 31 incttascs the limit to fou r 3Ilim:lls of Qll }' species . The CEAC feels that number of anir.tals in a single yard, espccia 11y cons idering the small size of m:my of the yards in Englewood, is just too man y. Maintaining • • • Englewood City Council Sq,1ember 4, 200 I Page 7 Iha! 111111y animals would be dillicull wilhaul infrill&in& upon Iha oeigbbon, and noile and odon are probably the primary imm bore. CEAC would ~ a padlilher clauoe that aUcm rasidmls who currently have I lhird doa to keep i~ but we would Ilk that tbc .,.,.i&ther clime tbis limo have• •llftina dole, ,o we rloo't have I peipel\lll .,...U.lher clome like the CUllOtll regulation. He asbd if !here were any questions . Mayor Burns uked if the present code is bein&enforced u IWo dop and IWo calS. Mr. Roth llid yes, tbal is the way it bu beeo enforced for the last few years, and thal i, what the cotnmince 1uppor11. We just wanl to clarify the laquoge . o it says lwo dop and lwo calS. Couocil Member Gomtt asked how be proposes the gru,df■thcrin& to work. Mr. Roth said, basically, to set a date, wlnc\lcr this ordinance goes into effect, that the grandfather clause would start tbcn. IO that any dog that was living at a residence as of that date would be allowed to coDtinuc to live there until it wa.s deceased, 11 which time they would be limiled lo IWo animals. Mr. Garrell uked aboul someone wbo moves in10 Englewood. Mr. Roth said they would be slartin& with IWO. Mr. Gerren said they would have 10 get rid of a dog iftbcyowo three. Mr. Roth said they would if they move inof'.er the ordinance goes inlo effect. Mayor Burns uked if other mcmbm of the CEAC won: soing IO speak. Mr. Roth said be imasined if they Wllll lO speak, they would do ii olq with the public. Mayor Burns asked if anyone else from sllll' or Code Enforcement wanled lo speak II this time. Tbm wu no one wbo Willied IO sp,ak. Mary Hoeft, 3689 South Galapaso Sttce~ uked if they wore allowed 10 iallc atout IIDimol cruelty lows, 100, as tha1 was in the Oyer thal they got Mayor Bums said yes, and asked that all remarks be kept to five minutes or less to try to a~ommodatc everyone present. Ms . Hoeft said she has lived in the Englcwood/Liltlcion area for her entire life. She said ahc is sometimes referred to u the dos lady by animal conlrOI because ahc picks up all the stnya that ahc finds and sometimes she needs their help 10 catch them. She said she calls them from her car. She said she never had a pe1 until six ycan ago when her husbL'l<I insis1ed they sci a really bis dog. She learned very quickly from this dog tbal animals have feelings and emotions, and that all they rcally need besides food, waler and sheller, is love. Since thal lime, ahc bu picked up over scvcnleen dogs, which ahc brought home. For !hose with lags , she conlaCIS the dogs ' ownm, and raltes them over the coo1J about their dogs beina loose. For the ooes thal don'I have llgs, she runs found ads in the papen and then proceeds IO find them I good home if they arc not claimed. This number does not include the ones that have been loose Iha! she has simply chased home in her car, she said. That is one of the !ricks that she bu learned over the lul couple of years, lhat if. ujus1 chase them, they might go home and jump over their owo fence. This number also docs nol include IJlOIC that she feels on: emotionally neglecled tha~ with the owner 's permission, she visilS every day. These include juok yard dogs, and dop thal are chained io yvds witboul n:auJu attention from !heir owner>. I visil lhcsc dogs because I feel sorry for them, she said. They may have what the low requires as far as food, waler aod sbcll<r, bul beyood tho~ they really don'I have uwch of a life. Th, is just to let you know that I care about all dogs , and not just the ones that I share my home with. We never drive past any dog that is loose on the street, awi I have even picked up one on the freeway. Ms . Hoeft felt that the number of dog.s should ':,c raised to four . She said that people who can prove that they can provide• loving home for animals should be able to take care of more . Th,: way we will prove thi& to eveiyooc is lhat all of our animals will be fixed , be up on their sholS and in a nomc where they arc visibly being well cared for . This docs not mean chained up in the back yard or animals that never go into the house . Ms. Hoen felt this would go hmd in hand with some kind of licensing ordinance. She said she and her husband have been brainstonning for weeks abou! how this couJd work. about a grandfather clause, and bow will it Englewood City Cowicil September 4, 2001 Page 8 affect animals that are already in Englewood that are already ft.led . Thae are things that can be fiaured aa1 as wc get closer, but this is the fint step in controlling the over population problem. We bave to make people ,oon, accotmtable if they wish to be guardians of other living creatures. Allowing people mare clop can wortc, sbe werted, if people can prove they are responsible, loving guardians . Regarding the leuh law, she felt that when out with their owners on the street, they should be on a leash or under voice control. Obviously, tbe point was made about the dog that was very well trained and most of them arc DO~ but they should be able to go into a fenced pa,lc and tue tbc !cub off and throw the ball , and thing, like that. Regarding cruelty and neglect, Englewood can lead 1he way in the fight toWl!ds c~lacency about animals . All too often, I sec DO water dish, or a drop of water in the bottom of a five gallon bucket, or frozen water. This is where some of that extra money from the licensing can be put towards c~ enforcement. At the present time, I feel that Code Enforcement bas such limited powm, all they can really enforce is the state laws, food, water, shelter and shade. It would be impossible to check all the animals on a regular basis . For example , Ibey could investigate a dog , and the owner could say they fo111ot lo fill the water today. Two weeks later, they could say the same thing . How long will it be before they can do something about it, she asked , and make that person pay, or educate them or whatever. Fim of all, she opined, we need pc<>ple out in the field who can drive up and down the streets and alleys and find these dogs whose care is questionable. Perhaps it could be voluntecn, as this is something that I already do , she said. Then, we need to make the laws tougher, so when animal control gets to the house, they actually have some real authority. If it is DOI just educating people, then they bave lo be able lo bit them where they can feel i~ which is in their wallet. Ms. Hoeft said she considcn bcnelf a visiooary. I hope for the day whee I can drive down the street and not see a dog chained up in the yard, or junkyard dof J that live every day in the blistering beat or the fretz ing cold, in a tiny pen, isolated from human contact ooly to be let out at night into an empty concrete yardi alone again until the next day when their pathetic life !tarts all over again. she said. We need to have empathy for these crearures. We need to be aware that they existi and there are many junkyard dogs in the City of Englewood. We need to be sensitive to their feelings . There is no difference between these dogs who have no life, no spark in their eyes because they have given up hope, and the spoiled dogs that I share my house with. except love . This ordinance could give more opportunities to animals in shelters that are just waiting for a good home, she said . Ms . Hoeft said she was very excited about the City 's decisiC'ln to talce steps toward becoming more humane. She said she loves it here in Englewood and is confidenti with people who are devoted to working together and making this an even better city for its companion animals, wc will lead the way and inspire other cities to follo w. She said she brought pictures of the animals that she visits every day on a daily basis , which she invited Council to look at. Stan Munyon, 4135 South Cherokee Strce~ stated be has lived at this address for thiny-two years. He said he is concerned about the number of cats and dogs . If everyone was as caring about animals as the previous speaker, then we would not have a problem But we do have a problem, be asserted, and it is a problem they can 't even take care of now. I live in a good neighborhood, he said, with good neighbon . There are about three cats that run free at nigh~ especially in the summer time, every night. The cats fight in the front yard, in lhe back yard and on my patio. Mr. Munyon said he got up 1112 o'clock in the morning to try to run them off so he could sleep. He said his request to Council is please don't make the matter worse than it is right now. He said he docs not know what the City can do to take care of his problem, and be does not want to tum these people in, and he said he was unsure where all the cats belong . Sometimes people will move away from the neighborhood and leave a cat. When we know about it, we try to do something , but you don 't always know. Nevertheless , it is a problem that we cannot take care of now. He again asked Counc il to please not increase the problem. Virginia Sauc ier, 416S South Fox Street. said she has been an Englewood ,-csident since 1976. She :!(reed with Mr. Munyon tha.t, to raise the limit on dogs to four. would be horrible . She said she lives in 11 neighborhood where dogs bark from sunup to sundown and no one ever controls them. My neighbon ha ve two dogs that they never clean up after, and the smell is so bad we can ·r even sit 0 11 our patio , she said . I ha ve turned it in 10 Code Enforcementi and nothing has been done , so now I am going 10 go to th e Arapahoe Counry health department, beca use I have 11 ri ght to sit on my patio and enjoy it without luving • • • • Englewood City Council September 4, 2001 Page9 to smell urine and dos feces. People do 001 take cue of their dogs, she aaid. A lot of people do, and I have two dogs that are like my cbildmi, she said, and I OJIPCCI them to behave, but most people do ool People say dogs are supposeJ 10 bark, but that should only be when they are agitated or a sinnser comes Wo the yard. Ma. Saucier said there is a cat that goes in bcr flowerbeds and you can 'I even stand the smell kJaa enough to go out and water and weed them To let people have more dogs1 especially i.n a city tlw aiJe, ii unheard of. Cowicil has made an ordinincc where you have to have two people in the neighborhood to complain and do anything, and so many people don 'I want to because they are afraid . So bow can you get anything dooc, she uud. As for a leuh law, I have a child who bad bis lip taken off several yean 1&0 by 11 dog that was oor • ..n a leash. Ms. Saucier said they ldOuld be on a leash and not allowed co nm free and potty in everyone's yard. She felt that Code Enforcement should have more say, and be able to teatify in coun on an animal, instead of their bands being tied wbere they can 't even go before a judge and testify u to what they know about the animal. An officer of the law, police officen, go to court and testify and she felt Code Enforcement should also. Vernon Tate, 4781 South Grant Street, said he had two questions initially, and the first one was answered by the chairman of the Code Enforcement Advisory Commiu,e, This is probably not the place ID briD& up the other issue, be allowed, and maybe he should be going to the CEAC. It has 10 do with the barking dog ordinance. He uid be was curious why that WIS not addrossed in the amendment of this sectiOJI. He &aid, in bi, experience, the barking dog situation i, paramount ID all the other complaints that animal control people run Wo. I manage some r,ntal units, be said, and wides the definitions on the ftrst pas• bm, regarding adjoining ownm/residents, in lhis cue, the properties that I manage arc in a residential area, and immediately adjacent is a commercial zoning, and. in this commercial area is an animal hospital. Alide from troating animals, they also board them. This weekend, they were maxed out as far as the capacity that they could handle . I know that because I went over and talked to lb< owner, be said, and be remembered me because I have taken aU of our pets to him When be asked bow I WIS doing, I told him oot too good, because my tenants have been complaining. Mr. Tale said be told him be would like to talk with him and stc if this could not be kepi under control. The OWnt/ responded that he must be one of those people who called up and threatened him on the phone . Apparently they bad been threatened that poison meat would be thrown over the fence if the dogs were not kepi u•.Jdcrcontrol Mr. Tate said he understands that lhis is the man's bread and butter, but the units man.god by Mr. Tate are bi, bread and butter, be said. He asked for suggestions from Council . Mayor 8W11S said he "-'35 welcome to anend a CEAC meeting, as was everyone . That is what they are for. be said. Mr. Tate said he i, the block captain on bis block, and bas literoture from Safety Services about Code EnforceJ'IIClll II tall.:s about barking dogs, he said, and he was just curious about why the issue of barking dogs was not addressed in the revision of this Title . Mayor Bums ~Jggested that a member of CEAC might address Iha~ if they arc going 10 spellk tonight. Ron Zito, 4541 South Kalamath Street, said he and bi, wife moved into Englewood five months ago. One of U1c things they noticed right away was the nunlber of barking dogs in their neighborhood . For the most part, he allowed, the ne ighborhood is pretty quie~ except for the barking dogs. He said he asked his wife the other night if there was ever a time when they do not hear dogs barking. It is very rare, he said, and we have heard dogs barking from as early as 5:30 a.m a."ld after I :00 a.m. We have counted the number of dogs in our neighborhood. and this is a guess, at, within a block and a half, about twelve doas . Most of them bark pretty constantly. He said he and bis wife both like dogs , but n-.ost of the people in bis neighborhood rc:11ly neglect their dogs . He did not feel it was done on purpose, but most are stuck in their back yards . He said be has only seen one dog in his neighbo rhood being walked, and that dog hat been wulkcd off the leash. One dog out of twelve is not good. he sttesscd. They need exerc ise and need to be fomiliilr with their neighborhood , otherwise the y arc nervous all the time and have a lot of :agitntion . He said he hlS talk ed to u ul his nti ~hbors abou1 problem dogs, be sa id, 30d called th e Ci ty to find out what en,lewood City Council September 4, 200 I Page 10 to do. They said be could mal e an anonymous report and they would have someooe come out to talk to the people. He said be wanted to be neighborly, so be wont lo talk to the people lo give them a chance . One of those persons actually responded favonibly and that put an end to the problrm with that dos, Unfortona1<ly, with the other neighbor, thol did not happen. One or our neighbor, ICIUIUy had duee dogs, he said, and it wu not the number that he was concerned with. Whe, he uked the neighbor to do something about Ille dog, he mponded with "what do you want me to do , shoo! him?" Mr. Zito said he reels VffY strongly that, to nise the limit 10 four, is a bad move on the city's put. When people arc neglecting their dogs now, what will doubling that amount cause, be uked. He felt that 170 berldng dos reports wu low, because mo31 people do not call in, because they do not ~'IOI to confrool their neighbors or do not want to cawe problc~. Having fNll' dogs in a yard is overcrowding . If one or two dogs are barking in a yard now, what are lhtte or four going 1, cause? To allow dogs to be unleashed, he .. id, is courting disuter. We have skunks and foxes in our neighborhood, he said, and he did nut reel dogs should be unJcashcd because of those other animals . Mr. Zito teiteratcd i;,at he did not think the numbers should be increased at this tirre . Joe McCue had signed to speak but sai d 1 • would pass at this time. Ruth Steel, 3416 South Race Sim:~ said she bu lived in Colorado and the Dtnver area all o(ber life, and bu lived in Englewood for more than thirty or those year,. She read the following statement: "I enjoy living in the City or Englewood, because it still bu the capacity to govern itselr and relal< to iuues 11 • humane leve~ to be responsive u well ::s responsible . Deservedly, Englewood is• city that has gained recognition for its civic and cultural achievements. But, u Mahatma Gandhi once said, the greatness of a people can be measured by how ii treats its animals . II is because I believe that the citizens of Englewood have a social conscience, the mnns and the capacity to ensure that its animals are treated intelligently, and humanely, that I come before you this evening. Fourteen months ago, coming home on a well-traveled Englewood ,trte~ I wu shocked to see a dog, totally isolated, chained to a post at the side of• house, cowering in the dirt by the side of• tire under an automobile. Stunned by the apparent misery of this animal , I drove around the block to make sure of what I had seen . Because I travel this route frequently , I checked again on several occasions, hoping to sec some sign of human k.mdncss being bestowed on this pathetic beast. BecaUIC none wa..s in evidence, I contacted an animal rescue organization, which told me that they bad already had many calls about this some animal. Further, that ,ince Englewood Animal Control was already involved, I needed to call them. Englewood Animal Control had also bad many calls ,bout the plight of this animal. Technically, ho"<Ver, because the letter of the law was being fulfilled, animal control was unable to intervene without a change in the 1:iw. All through the fiercely bot summer of 2000, and the cruel winter which followed, the do~ wu chained to its isolated, misenble, muddy outpost. In fourteen months, at all times of the day and nir.h~ I have never seen a human ,pending time with that lonely, wlnerable animal. Over time, I have lea,ned that a great many dogs in Englewood share bis cruel fate . Many municipalities throughout ow nation, including Denver, have outlawed tethering, or continuous chaining. In 1996, the United States Department of Agriculture banned tethering or continuous chaining as inhwnane and dangerous to the confined dog ard other animals . Believing that no animal should be subjected to this kind of abuse, I feel that these practices should also be banned in Englewood. To this end. I subsequently took my concerns to the Code Enforcement Advisory Committee . After having met with that body for many months , I found its members to be courteous , patient and willing to wrestJe with the competing interesu of complex issue.t that art' brought to them. l have also IC3.med that the citizens of Englewood are extraordinaril y well served by llullitlndin& Code Enforcement Department officials. Chief Bob Moore and Code Enforcement Supervis1.,•r Oavr Lynn are intelligent, well-infonned. even-handed, fair- mindcd, knowledgeable public servants . The y not only understand the law, but they are also dedicated to protecting the rights of all of Englewood 's citizens, while responding to the concerns of the community . J want 10 tak'! thi,; opportunity to thank them for their ac cessibility, their responsivene ss and their professionali -:.,L which helps to make this a pleasanl place 10 live . In life. there is no constant but change . Englewood, for better or for worse . is not exempt ft om 1he trade -offs necessi~ted by growth . Perhaps its least-palatable aspett is the increas ing need for the rules and regulations which we :ill view as loss of indi vidual freed om. Government did not create these problcrm . By denyi ng limi ts 10 growth, we created • • • • • Englewood City Council Scplembt-r 4, 2001 Page 11 them oursclvca, now we have to pay the piper. Some rules which govern our community and which are r<Sponsible for keeping lbc peace will have 10 be redefined 10 do jusl Iha~ govern and kccJ:· lbc p,acc, In this instance, for this evening, we arc talking about common sense and preventive measures, which address lhc needs of an entire corrlllll! Jty Dclfflnining lbc number of pell per boU1Chold iJ a sticky wicke~ bul reasonable. In addition to companionship and socializing, animals need adequate space in which to exercise and move about freely . In a city it is often difficult to provide them with that space. Consideration for lbc auimals and lhc neighbors is critical 10 any dcciJion aboul lhc numbers ofpel we have. Tetbmd animab , and animals confined 10 small, fenced yard,, become lonely, bored and IIJlXious wlrcn Ibey are left alone for prottaclcd periods of time . II is my undcrslallding lhal En;;lcwood has lhc higbesl incidence of mail carrier bites of any nnmicipality in this area . This is not because the dogs arc h:ui, it is because their caretakers tuve placed them in deprived, lonely and vulom1blc positions . When tht r space is invaded, Ibe y feel lhrcalcncd They defend lbcrnselvcs and lhei, lerrilory. The jokes aboul herding calS att based mere on fac1 lhan on fiction . CalS like to do lbcir own lhing, at home or abroad When Ibey are abroad, lbc neighbors don 't like it. I am & dog lover, and a cat Jover, but J have learned to be realistic about responsibilities implicit to being the caretaker. Laws IW5t be realistic , too. Adopting a leash law in an ever mere crowded city is essential to rnainlaining bcallh, safety and peace . Vinually all of lbc sum>unding municipalities have leash laws . 11 iJ regrettable lhat children and lbcir dogs, even wlrcn pcrfccdy trained, no longer run free in lbc pa,b. Unfortunately, tlrc exponential growth of human populations bu eliminated many options which we once took for granted Appropriale, humane, hcallhy and protective care, housing and mainienance ofpelS, specifically dogs :md call, should be a no-braincr, repk le wilh obvious truth. Unfortunalely, however, in all conununitics, including Englewood, lbcrc arc people who are ignorant of, or in.sensitive to, their animal's needs, or wllo do not care enough about the ir animals to treat them compassionately and humanely . lberc is an irrefutable conneC'ti on betweco nep tcc:t ofmd etuelty to animals, and tlrc public inicrcst and lhc public safety. If all individual, actc~ oul of • sense of public interest, con:unon sense, compassion, good citizenship and anatual respect, 1egulari ons and code enforcement would not be an issue. It is a privilege to live in Englewood. It ~ a privile ge to sJwe our lives wid1 companion animals . All righis and all privileges arc accompanied by responsibilities . II is our ria)rt and our privil ege to communicate with our public officials . It is our right and our privilege to participate in rhe legislati ve process . To Ibis end, I rcspecll\rlly urge lhc adoption of lbc code change, proposed by tire Code Enforcement Advisory Conunittcc . Meanwhile, lbc wretched animal on Dartmoulh, rcf,-rrcd to earlier, is still chained to his miserable, vulnerable existence of endless neglect, isolation and loneliness. Such cruelty should nut be tolcraied in this caring, progressive community. It is my hope Iha~ in tire ocu future , lhc Englewood Code Enforcement Advisory Couunittcc will recommend that City Council outlaw the barbaric, i.nhwoane, unnecessary and in1olcrable practice of fu Utime chaining. The compasaiooate trcatmcnl of the animals for which we are the g-.!3l'dians and caretakers should refle ct that care. Humane treatment is the re sponsibil "ty implicit to the privilege of having anim".!s. Meanwhile, as a community, I believe lha1 we arc capable of making these difficul~ ueccssary and imponant changes." She !hanked Council for the courtesy of their attention. John Grazulis , 44 89 Soulh Lincolns=~ said he wo uld not take a lot of Council 's time, obviously tlrcrc arc many people here this evening . He sa id he di d nm want 10 gal vanize the group one way or the other, any more than they already arc . He stated that he so metimes wonders , howe ver, if wc :ire dealing with an animal control issue or arc we dealing with a t o,1ernmcnt iss ue . Former President Ronald Reagan used to say that the be st ~pc of government is one tha 1 intrude s the least. Having been lhc vi ctim of an llDimal bite several years :igo, he said, I can cr.rtainJ y rel ate to those who are in fa vor of a very strict leash I.aw. He feh that some son of lc:ish law should be enac ted He wondered. however, wheth er Council Bill No. 36 is that law. It seems a bi1 restrictive on th ose who are res po nsible , he said, and unrestrictive for those who ue irresponsib le. Re garding Counci l Bill No. 37 , he re iterated that the bes t type of government is one that interferes the least. Kirstin Grazu lis, 4489 South Lincoln Strec l, said she was prese nt 10 ta lk abo ut th e leash law. Some of her friends have dogs trul t do nol go 10 tra iners, she said, but th ey tra in them the mse lves. SJe said she believes Englewood City Council Sep1emb<r 4, 2001 Paae 12 Ibey an, vety well trained. She pn,Stllled a petitions with nam.~ ofpe11ons who would not want the 1eub lawpwed. Mayor Burns said the petition would be made a pan or the record. 2 'I Ms . Gruulis said she has won several nbbons with her dog . She said she would likc to put her dog through agility, which has them complc1ely offlcash, where they go over jumps and through tunnels . She presented a video ofhel1elfand her dog showing its training . At the conclusion of the video, Ms . Gruulis said, for sorno of the responsible pct ownm in Englewood, she ,..ould like to have the opportunity to try her dog off leash . Kevin LaPrise, 2931 South Clarkson Strcc~ said he bu lived in Englewood for eight ycan, haviog moved here from Denver. He said his neighbor acqllircd a number of dogs a couple of ycm ago. This has ranged anywhere from two to ttn dogs or more, because the woman who was living with him was raising Pommnians. Pomeranians arc a very unique dog, be said. They arc very cute and loveable, but if you have ever heard their bark late at night when you are trying to sleep, it paints a very memorable picture. They are not so cute 10 me anymore, be said. For about two ycm, my wife and I listened, be said, and there were times when you could not bear ten seconds go by without a dog barking in lhe neighborhood. He said his •~ts to contact the neighbor were met with puzzlement and saying that they would tab: care ofil. Last year, the dogs were gone because the woman moved away. This year, she is back in the neighborhood, oot liviog at the house but the dogs are bock, be said. When we beard these dogs again after two ycm of grinning and bearing i~ be said, I decided t< c,11 the police this time and not remain anonyroous. The police have been cxcellcn~ he said, anc . very responsive, and Code Enfon:crncnt has been very helpful . The dogs do not get regular attention, and lhe smell of the dog feces is tcrnble at night when you arc trying to sleep. Being woken up anywhere fit, di I :00 1.rn. to S:00 1.m. with a dog barking is strttching me to the l'-ni~ be said. All it takes is about five seconds ofloud barking and I am up, be said . The owner will whisue the dogs in and the barking slops, but meanwhile, I am awake. What these people do not realize is that they arc ttaining the dogs to barlc, reinfon:ing it. They bark at squirrels and people on the other side of the fence . Mr. LaPrise said his neighbor now has to go to court, and, whether be pleads g· , · or not guilty dctennincs wbcrc he goes for the next round. In tallcing to Code Enforccrncn~ I unde1.1taod that what can happen is that the owner of the dog can either be slapped with a fine , probation, and, if it happens again, onother fine or probation. Mr. LaPrisc said there docs not seem to be any tocth in code enforcement He said the house be own., now is the biggest and most expensive house he bas ever owned, and he is 1101 rich by any means . He was really saddened to !cam that his neighbor next door is the kind of neighbor that he is, because he does not care, and there are people in this community who do not have a due about dogs . They don't know how to raise them. train them or how to respond to their neighbors . He said he hears more and more dogs barking with each passing month during the summer. He asked Council to please do something about that. and put the bite in the laws . He urged Council to please consider not raising it to four dogs . There arc 100 many people ..Wo do not understand how to raise and take care of dogs , he said. As 11 side questio11, Mr. LaPrise asked if we are allowed to have chickem in Englewood . Mayor Bums said not tha ~ he knows of. Mr. Wrise said he asked thnt question, not to get a laugh, but because he hns a neighbor across the wa y who has chickens . He said he spoke to Code Enforcement and was told that fnrm animals are allowed . Mr. LaP1 ise said he hns chi ckem and dogs in his neighborhood and asked Council to please do something . He said it would be good if Code Enforcement would conduct some mediation betv.·een neighbors . He said, in hi s case, his effort s 10 communic 111c with his neighbor ha ve be en unsu cc essful , :ind he wa s afraid to take ii stand with the pol i e, and is still looking over his shoulder, bec aus e yo u ne ver kn ow what people arc go in g to do. He also su g~csted that if people are ci ted fo r a no isy dog, that !h ey be as ked to go to a dog tra ining seminar. The peo ple that I live ne:'(t doo r to , he s.a.i d. do not undcrstnnd what it takes 10 keep a dog under control. He thanked Council for lis 1cning. • • • • Englewood Cily Counc il Sq,iember 4, 2001 P•ae 13 Fronk Martinez, 4600 South Inea Str.:e~ uid be bu known Council Member Bradshaw &iDco she wu a little tiny air I. He asked if wo bav, a Jeuh law or not. If we do, why doo 't they onfor<e i~ and if we have a dog catcher in town. wbal 11CCtioo doea be so to? We never see him in our nci&hborhood, be uid. Everyone Sl)'I we have dos catcbers, but I have oover aeen ooe. Do we have them or don 't we, be ubd. My main compwnt is people who let their doss and cats run IOOIC after it acts dark. I live ript oa the corner 11.J uu real proud ofmy house, be uid, bur emy day I have to ao out with a shovel and clcao up the mwes, and that is DOI ri&J>t, Mr. Martinez said be is all for having dop. but why let tbem OUI at aiahL We an: old folks , he said, and we sleep nights aod gel up late. We are all retired in that JICiabborbood, and we don 't like to have doss running around and messing up our )'lrds . I am real proud ofmy yud, be said, and I like 10 keeµ it nice . lfwe have a least. law, let's enfon:e i~ he wened, and ifwe have a do& Clleber, have him out in our neighborhood once in a while so we can see him and point our some of those tlop, because they are not being conttolled. Maynr Bums called for Phillip Wanczyk to speak. He was told the Mr. Wanczyk bad already left. Katherine Fischbach, 4425 South Acoma Stree~ said she bu lived at that addr<ss for over fifty yom. Sbe said she bu a dog IJld likes dogs, but bu heen anacked about three limos in the l&St year while walking ber dog in the park. It is pretty frightening. she said. Her dog sta)'I on a leash IJld she feels Ibero should be a lwb Jsw. Regarding the number of dogs, she said she would give an example. Sbe said sbe likea ber neighbors on the south and they have a nice dog. but they kept aoother dog for three weeks this summer. The smell was atrocious, she said. Sbe asked if Council could imagine what it would be like having three or four dogs in a yard. She said sbe watched the movie that was just shown !lllll did not undcrswwl the connection between that and what we are talking abou~ which is how many dogs we should have and about a le&Sh lsw. She said she has taken ber dog to training . She said sbe is trained but the dog is not trained and sbe is really against having more than two dogs and waots a IC&Sh Jsw and she waots ii enforced. Beverly Cummins, 3048 South Acoma Street. said she and her mother have lived at u',at address for three years and have neighbors who have dogs . We had to call the police earlier and complain because when we complsined to the neighbors, all they said was dogs are supposed to bark. When lhe kids an: au~ they are supposed to bark, and if they ue in, Ibey are supposed to bark. She said her grandson called and said enough is enouah and the police did come out and take very good care of it. She said the dogs still bark, every once in awhile, especially wben they an: gooc on holiday. She said they leave the DCighboB to take care of them which isn't very sman because they are still in the house barking all day long. Maybe they gel out in the morning and at Diab~ and that is it. Ms. Cummins stated that her concern is the abuse of the ncighbon , not the dogs . She said we neighbors have to put up with this and it is abusive to us . Also, the cbildren aroun<i :!!en, are stepping in dog feces in the yard, because people will let their dogs so al night and you don ', get out there wt enough to pick it up before the cbildret, arc out playins. Also, you an: awakened, and you can't gel back to sleep. M,. Cummins said there should be a law against people having to put up with other people's dogs. They don't bear it, they must no~ Ibey don't care if they do and it 's dangerous to the children also . She noted there are eight dogs within a half block from her house to the soulh. The children have chased the animals out in:o the street, and two of the animals have been ran over, she said. One of them was n't kill ed bur the little kitty was. She said the duplex next 10 bere has a family of two, but there were fow-dogs and two ca ts at one time:. Now they have at least i'lltco down to two dogs, bur the in the next house , there is one great big Ranweiler and that dog barks constantly when they let ii ou l. She said it is not fair , because you ca n't get back 10 sleep once they wake you up . Ms . Cummins said if it was up to bcr, they would have one of each and that would be it. Ms . Cummins thanked Council llJld hoped they would 001 lct anymore in. She felt we have enough to worry about now. Rhond:i Gramer. 3072 South Gilpin Stree t, sutcd she is a dog owner and has l"\\'O small children. Ms . Gramer sa id she likes 10 go to the parks of Englewood and the open spaces and always takes her dog on o leash . She sai d she is very concerned about the safe ty of her children, herself and her dog . There lwn'I been a. time in recent memory when I ha.ve gone 10 a. park in Englewood, where I h.aven'I had dogs, that arc Englewood City Council September 4, 200 I Page 14 not uncle, reasonable control, run up to my dog, anack my dog, or almost knock my children over, she said. I've seen dop urinate on the playground equipment 111d I'm very concerned. Whit brought me here tonight is an incident that happened two weeb •ao when I was walking in Packy Romans Pule on a Monday, at 9:30 in the morning, she said, and I had my dog on a leash. Fortunately, I did not have my children with me. There was a man there wbo bad two dogs . They...,. not leubed, they ...,. not under reasonable control and they ran up to my dog . Ms . Gnm.:r said she asked the man ifbe could reuonabty ' control his dop. He began to scream at me, she said, 111ing profanity and calling me names. She said sbe was concerned for her safety. She reque5ted that Council consider the lmh law to make all of the citizens of Englewood safe again . Ms . Gramer thanked Council for their time . Kevin Gnmcr, 3072 South Gilpin Stree~ noted his address is actually in Denver, four houses north of Englewood . Mr. Gramer stated be lives in Denver and worb in Denver, down on Capital Hill adjacent to the Go verr.;,,r'.s Mansion, at the Grant•Humphrics Mansion. He said it is in the middle ofa park. one of our beautiful parks in the Denver Metro area . Mr. Gramer stated that he and bis wife go to Packy Romans Park. We call it mushroom park because it bas mushroom shelters, be said. We like to go there because it 's so close to our house , only a couple of blocks away. Every time we go there, he said. there are difficulties with other dog ownc:n who do not kc<p their dogs on leashes . Mr. Gramer said be bu a five year old aod a three year old, whom they arc vciy concerned about, because of their safety and because of the animals that arc running loose . He said when be 8005 to work at the Grant-Humpluics Mansion, whicb is in the middle of Governor's Park, he d005n 't have to wony about dogs running up to his children, at least for the most part. Sometimes people leave their dogs off their leashes, but not very often. He said be bas worked there for twelve years now and the sihllrion is only getting better, because we're concerned. He said it is more pleasurable to go to the Grant~Humphries Mansion and to Governor's Park, which bu 1 playground facility , than it is to go two blocb away to Packy Romans Parle. He said be wished that both parks wer. equally safe, that there were leash law, in both communities , beca111C wc have such beautiful parks in this .uca. He said if every dog was like the ;-oung girl's dog that was here earlier, he wouldn 't have a complaint tonight. He added everybody could have their dogs running everywhere or at their command, but that 's just not the case . Linda Case, 4999 South .,herman Stree~ said she called Anpahoc County six months ago and they said you allow three dogs in tic City of Englewood . Sbc stated she doesn't care about the fourth dog, we have three dogs, our German Shepherd, aod two miniature Collies . They saved my sister on, night from getting attacked in our house . lfwc didn't have those dogs , wc could be dead , she asserted, because I was in the ki tchen. My acpbew li ved in the basement and he could be killed and nobody would ever know ifwc were killed. I'm happy we have our three dogs to protect us and that 's all I have to say. Ca rl Kingsbuiy, 2865 South Ac oma St=~ said be grew up here , and his father worked for the City, but he is not an employee oftbc City. My neighbor.; have fifteen cats and two dogs, he said. I called Code Enfon:emcnt and I was told that I could trap the animals if they came on my property, be said . Well, I'm not a paid employee so I don 't know why I should be responsible for enfon:ing the City's codes . I took his advice and did it anyway, he said, and took the cats down to the shelter by the Servicenter. They released the cat to the owner and told the owner that I ,rapped the animal. Now I have problems with my neighbors , thank you . He opined tha t all penple should be limited to the number of cats and dogs they have . He sa id he's a dog owner, but ifwe arc going to have codes and laws like these that you arc cons idering, then we should enforce them and the Ci ty employees should be respons ible in enforcing them Mr. Kingsbury thanked Council . Mary Hoeft, asked if sti -: coul d sa y one mo re thing. Ma yo r Bwns told her that we us uall y have one bite at th e ap ple here and Ms. Hoeft said this is not fo r the reco rd . She face d the audie nce and spoke to them bri eny regarding dogs at risk. Mayo r Bums ad vised that th e heari ng cou ld not be conducted this way. He thanked her and continued on with the hearing. • • Enalewood City Council September 4, 2001 Paso 15 Irving Bennett, 4040 South Inca Stroe~ stated lhal dog is man's besl friend and dog's besl friend ia anolber dos, ,o I've BOI IWO of them He &aid Ille problem with dogs ia the fact that you are dealing with rict,aa ad 10 many times ordinances and laws have to do with whose riabts shall prevail. Shall we mm or aot ,..,kc, shall we pul Ille Teo Commandmeota up or not? Ho stated that Ille nwuber of dop or poll tbat sbould be allowed would dq,end on Ille neip,bors, so, if it is otl'onsive 10 the neiahl>on, maybe one dog could be too much and, ifi1'1 no~ maybe Ion would be fine . Mr. Bennett said, in regard to bultins, dop are lorritorial . He said none of Iris dogs stay out all day. I jusl lake !hem oul for a walk or to do their thing, he said. Every dog that ia oulSidc will buk continually when somebody walks by. He fell Ille problem was, why do people leave dogs oul , If Ibey dido 'I leave them out, you wouldn '1 have that problem. Maybe we oughl 10 have an ordinance saying let's keep doss in. He stated one other poinl with regard to dogs, iflhey're o.i all the time and if you lllldmtand dogs are pack animals, lheyhave no pack leader when they are out and this is the biggeSI problem you have with dogs, no pack leader oulSidc . The owner is the pack leader, and if he's not around, you have a problem. Torri Walll, 4338 South Galapago Sttcc~ said she and her husband came here 10Dight because ii sounds like we are one of the three people arouad hen: who don'I have a problem wilh our dog, he doeso'I bark. She &aid be ia a German Short Hair and she lakes him every single day to Ille greeobel~ which is below Radclill' al the eod of Galapago Stroe~ and it ND1 ...Uy far to the cast and west She staled she walks him there on a lcuh, and when they gel to the park, she takes him otl' the lcuh and throws him his racquetball. Ms. Wans said she is concerned, when she hears so msny people say dogs are bulciJls. Eveo thoup wo give lhemall lhe love and attention they need, a dog lhal doesn't run is going to be a neurotic dos , Sbe •• id her dog never barks, and he runs every day for an hour in that park, sometimes for two houn. I hit lhe ball and be runs for u far as I CID posaibly hil i~ and be is exhausted wbeo be comes home. Sbe said I've been doing lhal the year and a half that we 've lived bore. She &aid she never sees another dog in the gncnbcll. II is jusl us, every single day, she said. If people walk in and they have children, I always lake the ball and with a command I bring him righl nexl to me so he won'I go there. She said she uks if they like dogs, and when they say yes, be just comes up and be does this linlc shimmy, He's really loving and friendly to people. She staled Iha! sbc would probably have to ,oove if we get a leash law that say, there is no public recreation area. Also, sbc said, that i, what bothen 110 about Council Bill No. 36, because you say it bu been prov co lhal a voice command is inadequate . I h 'II all the concerns of the people, but those of us who know what dop really need, know Iha! they need .. crcise and no1jus1 in their yard. Just to walk a young dog on a leash is nol enough exercise. 11 is 3ood for an old dog, but this i, a young dog, he's just barely two. lfyou decide to have a leash law, I hope there is some amendment to it to allow a public recreation area like Chatfield Rcmvoir. It is a dog park and everybody CID go and lei their dogs offlcasb. Usually, people wilh aggressive dogs don'I go Ihm, she said. Our dog bas been attacked twice by bad dogs who are off leash, but I just quiver and fear when I think that Ihm: ia not going to be any public place I can walk 10 with my dog, so he either bu lo be kepi inside or just in a yard. Ifwe keep saying that's 001 good enough for dogs, she said, then there should be a public place in Englewood, or severa l, where dogs can be off leash. People who arc afraid, who have bad dogs, or have children that they're worried about, Pf.rbaps, will go 10 the other parks that are not dog parks. But to leave us with nothing, is a disservice to the dogs and to the pct owners in l~e area, and ii actual ly will increase bad behavior and lolS of barking . Deon Glenn, 2704 South Delaware Sttcet fell that more than barking dogs , even more than !cubed or unleashed dogs, the issues that concerned him in these proposed ordinances, dealt more with the indication that it wasn't that the City Council wanted to control its citizens, but to help and serve them. He said ifwe all look closely at Council Bill No . 36, it twns all these actions or offenses into police actions , not animal control or code enforcement actions . He stated that every reference to anima l control officers is removed. Mr. Glenn said it soWlds like we have one area between 4400 and 4700 south and from Broadway to Inca that there is obviously a prob lem. and that seems to be where ten or twelve people, who have spoken tonight. live and that seemi to be confined to that ne ighbo rhood . He said if we're all concerned about the animals , and anyone who owns pets is concerned abo ut the welfare of the ir pet. then let 's show some concern by enforcing currenl laws and not getting the City more invo lved in enforcement issues that they really shouldn't be involved in. Englewood City Council Sq,tcmbc:r 4, 200 I Page 16 Bublra Fout, 4185 South Huron Street, said she would only take a few minu!Os of the Council', tir1i • and thanked them for having this public hearing. She rocognizcd that Council did no, have to go throuah t1m, and expressed appreciation fo r beint given the chance to give some input. She said she is a third generation citizen of Englewood, and is !Cal impassioned about Englewood. It is a fine place to live, and it is a fine place lo raise your family. Some of those famil y memben include your own animal,. Ms. Fout encowagcd Council to focus on the problem, u it seems that we have enough rule, on the boob. If we just organize the rule, and enforce them, we don't need to create more legislation, she said. Let's addrc,a those issues that are in violation, including improper care, abuse and neglect of any animals anywhere within the city limits. Let's not mandate proper care by those ofw that arc already doinK proper care . Please consider letting Englewood rc,ident., govern ourselves, as I believe we arc capable of doing, she said. Do not create more government, just enforce it more effectively. Leroy DaVaul~ 3291 South Emerson Street, said be has lived in Englewood for sixty years. He did not feel it was a matterofhownany dogs you had, but how you take care of your dogs, that counts . He said be had a dog that got cancer about three years ago and spent almo,t four thousand dollm on that dog . He stated the dog is still alive. Mr. Davault favors raising the limit to four dogs. The dogs you have sbould be taken care o( that is wbcrc the problems arc, it is the owner not the dogs, be said. Jackie WbilO , 1071 West Oxford Place, referred to the Englewood Citizen and began with number one, which discwscs the amount of dogs. She said she has two and has never had any more than thal She dcscnbed bcrsclfas a responsible pct owner and, if she chose to have more, she would like lo have the ability 10 do that. She said she favored the higher limit of four . As far as the cruelty to animals, it souods like we need Code Enforcement to be able to do their job. There have been complaints in my area in the past where I did call on a dog, she said, becawc it was not fenced . It came over and attacked my dogs, which were on a leash. She said they wouldn 'I do anything about i~ and we need lo give them the power to do something . Because of the r.ruclty to animals, let's fme the ownen, or do whatever we need to do , such as take the dog away from them, and let them be adopted by somebody that docs love them Regarding the leash law, Ms . White said her dogs arc usually on a leash when she walks them. They have been through obedience training , but still cannot be trusted when they sec another dog that they arc intcrcstcd in. or a squirrel , or wba!Over. She sta!Od they're going to take off, for the mo;t part, so she keeps her dogs on a leash. However, ifwc arc going to have a strict leash law, I agree with the lady who was up here before , she said, who sta!Od that we do need lo have somewhere in Englewood that we can talcc our dogs in a fenced area where they can run. She said she really did 001 want to drive clear out lo Chatfield to do that or down into Denver. She said that is something that needs to be taken into consideration. With regard to licensing, Ms. White said that, if you have responsible pet owners they arc go ing to license their pets, so she did not think we need another law on that. Donna Johnson, 3145 South Cherokee S1rcc~ addressed the number of dogs permitted . We could have an encyclopedia full of laws and ordinance-, regarding animals, she said, and there are always going to be some OWiJCrs who arc cruel to their animals, but most of us arc responsible. She said that, because of some of the stories in the papers , espe cially the woman who was beaten in Littleton, she has been thinking about getting a third dog . She said that was her decision to make and did not feel it was up to the government to decide whether or not she could have a third animal. She said she spec ifically listened to the chairman of the Code Enforcement Advisory Committee , who stated that maybe we should have a grandfather clause , stating a specifi c date to get rid of the third dog. She asked what date and wh ic h one of her animals to get rid of. She stated she is strongly in fa vor of four animals per household . Ms . Johnson stated that she has li stened 10 other citizens complaining :1 bo ut barki ng dogs. That has nothing 10 do wi th the nmount of animals per household . She said there is an ordinance out there that cou ld be enforced by Code Enfo rcement. Ms. Johnson addre ssed cruelty to animals , where it meu tions shelter, and wa ter con u inen. She asked if the Code En fo rcement Ad visory Co nnnittee was going 10 patrol that. She sai d they w1 1uld have 10 add de fini te staffing in order to enforce that. You .ire ;a lways goi ng lo ha ve th3t handfu l thl.t :i.re cruel to anima ls, illld don't give !heir an imal s \W ier, she said, so I think that , unless we want to get liHr • • enalewood Ciiy Council Seplcmher 4, 200 I Page 17 Wtes railed, maybe we should DOI even consider that She ,rated the ncxt issue is uuma1I on a leash. Ms. Johnson said lhe doea DOI drive, but docs a lot of walkina in EaaJewood. She said she bu nmr been approached by I doa 11 Iara•. She opined that 90% of dogs 11 Iara• are out because they aot out of the Yin! and the oWDCT does DOI know anythma about it About I month aao, she said, my bandy 111111 let my doa out. He was gone approximately sixteen boun and got bit by• car and almost died. She felt that all lhe would have needed wu Code Enfon:erncnt to come and knock on her door and let her know she wu in violation. Responsible dog owom will put their do& on a leash, she said, and she felt animals should be on a leash in I park . She did not think it was that much of III issue and was defi.oitely opposed to it. Finally, she addreascd the liceusina issue. She ,rated abe baa two dogs and one ca~ and all of her animall are liceosed. Unfortunately, when the first of the year hita, we all come up with the Sift concl115ion that we have to license our animals . However, sometimes medication or other critical cxpemes come up and eventually we will act our pell liceused. She s•id again, sbe did 001 feel that it is up to the Cily to tell her when she should license her dog . Lin Tiffany, 4190 South Huron Strce~ s11ted that she is an animal lover and hss dogs that she loves very dearly. She said she has Dalrnatiam and worb with the Dalmatian Rescue League, sbe fo1te11 dop, and helps place them. The do&• are all adopted dop, one of them is deaf, and I car hit one or them. She said 1 family kept one or them in the closet and had him on drugs. If it were oot for me, wbo knows where these dop would be, moro than likely they would have been destroyed. Beyond Iha~ she said, I've beard a lot of ralk about the inapoosiblc citiuos. I am a responsible citizen and I am fortunate cnouah to have • Iara• home and a larB• yard. She llid her dogs arc in the yard, inside at nigh~ have Iota of room to run and they don 't bark. She said she ub her neighbors if her dogs m bothering them, bee,.,.. sbc wanll to be I sood neighbor. I also walk my dogs almost every day and I always carry a ba&BY with me, she said, and I am proud or the fact that I am able to talce care of these dogs. She felt she should not be limited in the number of dog, beeall5C, if she occds to foster dogs or care for oncs that ue abused, she would like to have that opponunily. The issue al hand is irrosponaiblc dos owncn, those that let their dogs bark II ni~ and those that don't keep them controlled on a leash. She said the issue is not those that uc responsible owocn, ii is those that don 't know how to care for their dogs . She asked Council to address the underlying ptoblem, not just the sytq,tom. Punish the abusen not the true lovers and cmtakers of animals, ·she concluded. Judy WaJlacc, 530 East Amhe111 Avenue, slated she has lived in Englewood for thirteen years. She said she supports havina I lc:aih law II pan of the Englewood Cily Code . She said she owns two neutered Shiatau dop, one male and one female . She slated that on October IS, 1995, her male dos was atraclo,d by an unleashed German Shepherd in Bates-Losao Park. Later that cvcnios, it was appmot that be wu under extreme stress , so she took him to the Central Animal Veterinary Emergency Hospital. She said he was treated for trauma and a laceration to his leg . The next day he was taken to her regular vet for a follow up visit, and sbe determined that he was still in shock . He had not eaten or drank anything for over twenty- four hours and he was having pain in his neck. She said he was shaking so badly that the vet sat on the floor with him to perfonn the exam. Ms. Wallace said the vet ordcrod prescription dog food that had to be hand fed to him so that be wouldn't get dehydrated. Two days later sbc cbcclo,d him again and determined he was sti ll having ;,ain in his neck. The dog would not go into that park for over two mon~ after that attack and to this day be is still frightened when another dog approaches him. Ms . Wallace stated, when the attack occurred, an Englewood police officer witnessed it and gave the owner a ticket for having her dog off leash. At that time, there was a stamnent in the Parks and Recreation Dep.irtmc ot's brochure that, animals in parks must be on a leash, and the signs entering the parks also had that wording . She said the non-emergency police department told her that she should call them anytime she wanted an officer 10 come lo the park. and they would do lhe same thing . The 1"51 time it happened, the police office r approached the fi ve owners wbo were letting their dogs run freely . They cha llenged the police officrr on the quote , saying that L11 e) had contacted Code Enforcemen1 and 1bey were 1old lha1 !here wu no such thing . It did twn out that there was no longer anything written down in their brochure . The signs have been changed and the brochure now reads animals in parks must be in reasonable co ntrol. The next day, Ms . Wallace contacted Code Enforcement :md learned 1hat this brochure actwilly is something tha1 Parks :ind Recreation puts ou1, and doe sn't rcaU y have anything to do with Code Enforccmenl thal the City can enforce. When she asked Englewood Cily CoUDCil September 4, 2001 Page 18 the police officer what her options ...,., he said she had none, and if she wu afraid to tome to the pad<, she should j1111 stay out of it Ms. Wallace feels that rasot11ble control is open to too IIIICb intapmllion by the animal owtier, and is ineffective at the leut and dan8ffl)US at the most She aid her dop an, about the size of a small baby, and woodmd bow you can be sure your dog will know the dillerence the next time a small baby is cnwling on the ground. She said, in resean:hing this topic, she came up with bundttds of communities that have an enfon:ed leash law. lfynu read the Denver Pott today, you saw the list of our surrounding communities that have leash laws . The American Animal Hospital Association states in their article that a community approach to dog bite prevention allows that ."limal control oflicers st ,utd be able to enfon:e leash laws . She also said The American KcMel Club endorses leash laws. She SIited tha~ in one article she read, the officer took the soft approach and carried inexpensive leashes with him and he approached the owners with that as a first warning. Ms. Wallace is in agreement with the people who want a dos park. She feels there are many reasons to ke,p your dog on a leash when it is oot on your own property, for the safety of your own dog aod any other dog it may en:ounter, for the safety ofother p<'ople and for the safety of wild life such as when dogs chase squirrels an,\ rabbits. She said she was not sayir,g that young girl shouldn 't have a place tu tr•in her dog for show or dial the owner of a German Sbephenl sbouldn 't have a plsc e to let their dog nm, but there are seven! bi~ dog parb in the metro area for that purpo,e. She said one is u close u Washington Parle, and it bu Doggy Beach Day 11 specified times. Ma. Wall ace feh that her taxes should go for the greater good fur the communily and its people. lfl am afraid to eater a parlc because there ar, loose dogs theo my rights as a citizen are being demed because I'm being denied acc ... to the very parts that I have paid for, she said. in conclusion, Ms. Wallace urge<l the Cily of Englewood to p!SS a leash law to en.1Ure that the City code would be amended to include that law, to allow the enfon:ement officm and the Code Enforcement office to enfon:e the law, and to work on designatins one of the many parb in our conmmily as a dog park. She expressed appreciation for all of the statements from people wbo are against these things because they are responsible dog owners. It is like the people who go to therapy are not the people wbo need to go to therapy, just as the people that are here tonight ue not the people who need to be here tonight The people that are here tonight are respo'lSible dog owners and whichever way Ibey feel about this, I appreciate their being here, she said. Janet Wallace , 530 East Amhcnt Avenue, voiced M'r support for the lca ~.il law in Englewood. She said she has two smaU dogs, which are walked almost every day, and they are oo a leash. She said, when she goes to the park. and sees dogs that are offleub, she prays, oot only for her dogs, but she is also afraid for herself. We have all read about dogs artacking. and sometimes killing, small children. Considering the number of other city, county, state and fedml parks that have leash laws, it seeoJS reasonable and prudent for Englewood to have a leash law, oot only to protect our pets, but to protect our children . Mayor Burns called the nsmes of Maybelle Goetz, Martha Warren, Vic Pankoski , Agnes Pankoski, Mary Secor, 111d Mike Hoeft, all ofwbom bad already left. Jeanne Mc William,, 3795 South Grant Stree~ said she was really glad to see the dog situation being addressed . If you've listeoed 10 these people, you know there are a 101 of parts to this . Sbe said she lint wanted to !Ilk about the number of dogs . In no way do we need to allow mon: dogs per household, she opined. Englewood has small lots, aod if you figure four dogs fora small lot, that is just really pushing the envelope. She said she was very involved with a politica l campaign last fall , and the district went from Broadway to Cherry Creek Reservoir, and froin Old H,mpden to Arapahoe Road . She said she and her group walked the entire distri~ and she was primarily working Englewood. By far , Englewood was the most difficutt a.-ca to walk because of dogs at large. she stressed . She said she: saw families that Jud over fi ve dogs in the yard . We could not approach doors bccau::: the dogs were coming off the porch. and we were all in agreement that Englewood had the most difficuh situation with dogs , and too many of them Dogs make messes , and the rul e says it has 10 be cleaned up within twenty-four hours . Four dogs. within twenty-four hours. could get pretty messy, she said. She agreed with Mr. Roth about the leilSh law. Very r; w animals are trained well enough to be under \'Oiee control. :liar young girl obviously spent a lot of time with her dog, but most people run home from work and th ey arc out the doo r, there is no training . Additionally, I do a lot of walking in the greenbelt by Little Dry Creek, and other parks, and if] see a dog • • EnaleW<>Od City Cow,cil September 4, 200 I Paae 19 out in the middle of the field, I do DOI know whether it is under voice control , when be is on one end ofdle field, beaded towuda me, and the dog owner is clear acrou the field. I can't even tell if the doii can boar the oWD<r, soil is fiialdenina. Also, we need 10 think about the fact that the codes need to be enfom,d, Ms. McWilliams said her family bu a young cousin who ii developmentally handicapped, bu cerebral palsy, and the dog next door became very threatening. Every time be tried to leave his bome and aet into the car, 1111d be is very mobily challenaed, this doii would come into bis )'lfd and lhrealCD him. When his mo!her called Code Enfon:ement be could not do a lhina about the neighbor, but told her she needed to trim ber bushes. We need the leash law enforced, she said, and it needs lo be enfon:ed everywbero, Another lhina she said she was worried about is that there are dog, on their own front lawn. When you are walking down the str<et they come off their yard on to the public 11r<~ after you. She ukcd if the ordinance addressed this. She allowed that it is not a public park, but they do aet into the public str<et and she said she would like to see that addressed. We need 10 also addreJ1 barkina dop, wbicb moll pccph: have already spoken about. We have more doas in our neighborhood than we have people, they bark all niahl long. and she said she would DOI gel up in the middle of the night and cnll the police about it ll is DOI an emergency, and sbe did not feel like botbcrin& the police, and you certainly do not want to fiahl with the neiahbors , It really is somelhina that needs lo be firmly addressed, the said. There are rule, on the boob about removal of do& excrement but it simply is not enforced now. She felt there should be more ""111 in the laws, and really make it enforceable. It is posted at the pub that you need to pick it up, but it is so bad al the greeobell over behind the biah school, 1be said, that I can not allow my niece, and nephews to roll down the bill, (l 11)'1 that it must be picked up within twenty-four hours on private property, but what ifit is your private property, but it is your neiahbor's dog, She said she use, the shovel before sbe mows the lawn, and she dnesn't even own a dog. She said those are some of the thinas she would like to see happen, and sbe was really glad to see this silWltion being addressed. Errol Nixon, 1552 East Girard Place, said he WllS aoing w be brief because of the intolligence of all oftbe speaken that we ht •·• had toniaht. He said be knows they are intelligent becauae th•> have expressed a lot of his views. It is uofortwlate that so many irresponsible people have forced this upon us, but government is a matter of compromise, and he fell that every household should have at least one dog and one cat He said be would coq,romise and &• along with this two doa, and/or two cats silWltion. He said bis concern is that be takes his grandcbildml to the parb, and unfortunately finds silWltiom where there ii animal · excrement on the grass and in the playgrounds. He said be finds that the least respon,ible people are the people with multiple animals, unable to control them and unwilling to pick up after their animals. He felt the people who were the most irresponsible were the ones who bad the ego to have a number of animals, but not the responsibitilJ, to take care of them. That is why I feel we are doing the riaht lhina toniaht be conclurled. M:iyor Bums called the name of Mary McCuc. She was not present. Jennifer McKernan, 4353 South Lincoln Str<et sbe said sbe supports everything in Council Bill No. 36, for all the reasons we have beard toniabt. She felt that Council Bill No, 37 should reflect a total of four pets, whether it be dogs or cats. It could be two dogs and two cats , or it could be three dogs and one cat We have bad lots of examples tonight of people with fifteen cat.\ five or ten dogs, but irresponsible people are going lo be irresponsible, they don't care what the law is. Those ofus with our pel/J, can take care of four animals, she said. M:iyor Burns called lhc: name of Joe Justcs . He was not present Linda Hart , 4352 South Pennsyl \'ania Street, said she has shown dogs for twenty-five years, has taught classes in the Englewood/Littleton llfea for South Suburban Parks l\nd Recreation for five yean, and has taught for fifteen years ahogethcr. She said she bas champion dogs , she trains dogs, and she shows dogs in obedience and confumation. She said she found ou1 about all this just this morning, so she has been doing some research. She said she has also worked as an animal offi cer and cruel ty officer in the past. and has worked with the ciues ofLinJeton and Denver, and on a state level with their :~~islation . She said she alsl. Eqlewood City Council Seplember 4, 2001 Paae 20 helped Denver wilh their barking dog laws. Reaporuibio owners ore mpunsibio ownm, 1be 11kt, wbotbior you have ooe dog or whelhrr you have four dogs. You cioao up after )'OUI dogs , you make 111111 Ibey don't bark, you make sure your neighbors are happy with you, and you make sure the neiahbor knows bow to conllCt you with pn,biemo, and you gel the problem resolved . That is whit I have done, ,he aald, llld I have had happy neighbors. You have ordinances lo cover barltlng and loose dogs , &be stated. Education progta."'111 are impot11Dt, &be aaid, and I will offer a little bit of a &0lution that wu offered a few yean aao, but fell along the way. You have a lot of dog show people in the comnamity and have a lot of expertise in the Englewood/Linlelon area. We love Littleton and Englewood, because you have good animal control people and you have a good city lo live in with animals . These people would be willing 10 help put togolher an education program that, if someone gets a ticket for a barking dog or whatever the o!Terue ii, these people would have to attend a class and be required to go through that as pan oflheir penalty. That has beeo shown across the countty lo be very effective in resolving problems . Ms . Hart said she 1w called animal control on barking dogs , and has also knocked on people 's doors 11 four o'clock in the morning because their dog was butting . If you educate people, ii does help, &be stressed . If you issue them a ticke~ they pay lhe fine and the problem co ntinues . You take them lo the classes and educate them, this iJ the way lo Slap I dog from barkir.g. You first find OUI why the dog iJ baiting-iJ ii lonely, has ii beeo left out in tho yard without food and water? Find out the problem, then you teach them bow 10 teach the dog not to bark. It 1w beeo very successful, and I have all the materiab at home. If someone, such u animal control, is willing 10 work with me, we can &el up &0me kind ofa class to resolve &0me of these problerna, she said, and I tbink it would help a lot Having small dogs, I raiJe silky terriers, which are about ten or rwelve pounds, I have a problem wilh dogs looae in parks off the leash. They CID be dangerous and I worry about my dog being 1111eked by someone 's dog that is not well mannered. Abo, if! want to train my dog in obedience, I need 10 take my dog out 10 a park, set up my j10'4" and be able to w,,rlt my dog off leash . She said she would like to St. e some way of putting this in the law, that if someone was actively working a dog on obedience activities, they would be allowed to have lhe dog off leash. If you pass a stronger leash law, she aaid &he would like to see the City put together a plan to have a dog park. There are a lot oftbo&e acroa the countty, there are a lot of good plans that CID be brought together from AKC and olher associations on bow to put a dog park together that works . Having every dog that is ab1e to go to the dog park have a canine good citizen certificate on them. which means they have basic mannen , will help. The lady that wants lo be able to go out and throw a bail so he can retrieve ii, some dogs need that activity. She said &be 1w small dogs 1h11 CID run around her living room and Bel their exercise, but a big dog can no~ so that needs to be dealt with. The responsible owner should not have 10 suffer becauae of the irresponsible ones, but the responsible ones also have a responsibility 10 help the City and the cornmJnity 10 resolve the problems, so that is what I would like 10 offer, she said. Mayor Bums called the name of Mike Thompson. He was not present Ga.ii Blank. who preferred not to giver her address, said she recently mo\·cd b.1ck home to Englewood after living c.:.11 of state. She said she is very happy to be horn::, but is concerned that everyone is so worried ,bout the dog issues and the lcuh laws . She said this town was beautiful when she left. She said she h.,s dreamed for years about coming home, because Englewood was home and was a beautiful town. Now, she said she could ride around and sec ten to fifteen junked cars in yards, housc-s whm ]ere are drug deals or something go ing on and run down neighborhoods . She said she walks down alloys that she used 10 play in when she was a linle girl, and they are !1-0 full of trash that she can't eve n walk down them. And we are worried about how many dogs we've got? Yeah, I brought some do gs with me, she said, :md I am responsible . I have a doctor degree, I have a good job, and I will be a good Englewood citizen. she said, but can we make Eng lewood the city that I left , instead of worrying about some of these linle issues . Let 's clean up th is town . she asserted. and make it the town I left. Cindy Sco:t. 3063 South Fox Street , said a world where dogs cou ld not run ofT lcas h is a world she would not want to li ve in . ll is imponan t 10 a lot of people and a lot of dogs . She said she was surprised to see the wordi ng of the Englewood lea.sh law . It is actua ll y very generous to just say rea.sonnble control . She suggesu•d 1h11 it be reworded to specify the detai ls of voice co ntrol, because many dogs arc under perfect • Enalewood City Council September 4, 2001 Page 21 I ,. control and tolally focmed on the activity at baod, and it "'°llld be a dwervice lo mab dat illepl. Sha a1ao sa.id she would Ula, to ,ee the number of allo-uwmla lncreued. She uid abc bu talml lo pec,ple who have too 11111JlY animals in their home, and they are afraid becaUIO it is vay iq,ort,111 to 1111m. Someone with throe doas is going to have a tendency 10 keep some of them bidden, but that is DOI good for the dog, and it is not good for the people to be aliaid. Many of those clop are not a problem to anyone, she concluded. Kathi Moore, 3265 South Race Sttttt, said she is the proud and loyal owner or two bcautifill and lovina golden retrievers . Sbe said she has been bles.str. .nd privileged enough to h,·,e been loved by them for over teV<n )'Oln. BecaUIO of the IC110ns they continue to teach me everyd,.y, abe said, I lave blplll to consider railina wistance dogs for physically challenged individuals. To .!o this, my dUly wmaki be to raise them for the first twelve to eighteen months of their li ves, and after tht!, they anend ftmber education and hopefully graduate as an assistance dog. I would like my only challenge in acco~lishina this endeavor to be whether my heart CIUI bandl, the sepa,ation from somotht,g I have n,ised and grown to love, but not because I have already hit the limi~ she explained. Ir the :irdt or two clop is kep~ I will DOI be able to help give someone who needs the dog as 11Ni ... than just a fric n.dly companion, the ibility to live life mon, productively and lo experi""°" the lessons and love assistance dogs can give. Mayor Bums asked if there was anyone else who wi.•rn:d to speak. Then: was oo one. COUNCIL MEMBER GARREIT MOVED, AND IT WAS SECONDED, TO CLOSF. THE PUii .' JC HEARING. Ayes: Council Members Nabbolz, Garrett, Bradshaw, Wolosyn Yw,:bick, Grazulis, Bums Nays: None The motion carried and the Public Hearing closed . [Clerk's no:e: The following persons submitted lcttm, voice mail messages and memorandums for Council's consideration at the public bearing: David F. Weber, C.l. Cullinan, Darlene Slyter, Sue Volle, Cha!!., White, Jodie Johnson, Dwight and Jan Fitzgen,Jd, Cindy Scott, Lin Tiffany, Karen Pilgrim, Caitlin Cyhoron, Kayley C111bdree, Priscilla Wolford, Tracy Cuny, Linda Buckley, Renee L<tb, The Colemans, Janeen Wrigh~ and an unsigned e-mail mossagc from Thresq@aol.com] 10. Consent Acend1 COUNCIL MEMBER GARREIT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (a) (I) AND (II), 10 (b) (I) AND (II), AND 10 (e) (I). (a) Approval of Ordinances on Finl Reading (i) COUNCIL BILL NO . 56, INTRODUCED BY COUNCIL MEMBER GARREIT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "CONTRACT AGREEMENT FOR INTOXILYZER 50006N PLACEMENT" BETWEEN THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, LABORATORY AND RADIATION SERVICES DIVISION AND THE CITY OF ENGLEWOOD. (ii) COUN CIL BILL NO. 57, INTRODUCED BY COUNCIL MEMBER GA RRETT Enalewood CiiyCouncil September 4, 2001 Paae 22 A Bill FOR AN ORDINANCE ACCEPTING THE DEDICATION OF A RIOHT-OF-W A Y LO<:A TBD AT THE INTl!RSECTJON OF BAKER A VENUE AND TEJON STREET IN THE cm OF ENGLEWOOD , COLORADO. (b) Approval of Ordinances on Secoa4 Radlng (i) ORDINANCE NO. 50, SERIES OF 2001 (CCUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZfNG ACCEPTANCE OF A S7,500 GRANT FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOI.A) FOR ENTERPRISE ZONE MARKETING AND ADMINISTRATION . (ii) ORDINANCE NO. 51, SERIES OF 2001 (COUNCIL BILL NO. 55 , INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY KNOWN AS THE FORMER cm HALL FROM THE cm OF ENGLEWOOD, COLORADO TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. (c) Resolutions and Motions (i) AN ENGINEERING CONTRACT FOR THE FIRST PHASE OF AN INFILTRATION/INFLOW STIJDY FOR THE WASTEWATER COLLECTION TRIBUTARY wrrn CAMP, DRESSER & MCKEE IN THE AMOUNT OF S99,529 .00. Vole results: Ayes: Nays: The rmtion carried. 11. Reaular Ac•nda CoWICll Membm Nabholz, Garrett, Bradshaw, Wolosyn Ywthiclc, Gnzulis, Bums None (a) Approval of0nlin:m,cs on Finl Reading There were no additional oidinallces submin.d for approval on lint reading . (Sc• Agenda Item IO- Consent Agenda.) (b) Approval of Ordinances on Second Reading (i) and (ii) COUNCIL MEMBER WOLOSYN MOV£1l>, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· COUNCIL 11/l i . NO, 36 . Council Member Garrett stated that he would like to defer any decisions on this until a Study Session could be held to disc uss a. lot of the input tonight He sa id that si gnificant ponions of this need to be discussed before be \Yau.Id be ai,le to vote on this . ~ayor Bums asked 1f that pertains to both ordinances . Mr . Garrett responded 11ffirmative',y. Mayor Bums agreed, stating that (1,;rc has been a lot or input tonight and some very good su ggest io1 .; on some other steps we can take . W\! had a considerable offer from Linda Ha.rt 10 start a.n educational r...,~ which Mayor Burns said he appreciates very much. Obviously, she is a la dy who ha~ lot of experience in this area, he said . • • Englewood City Council Septemb.,r 4, 2001 Page 23 Council Memb<r Bradshaw said she would like to remand this back to lhe Code Enfo<1:elllOII! Adviloiy Coouninee to cousider the barking issue, lhe education issue, and to m,ord th, !:uh law, That ii j11111 thouaJi~ she said, because those are the thn,e areu that I picbd up, from lhe public bearing, that w, aeed 10 focus on. Mayor Bums felt it would be vety valuable to have staff collect the information received toni&bt, and perhaps put it in a form where we can review it Then. if we want to refer some of it back to Code Enforcement, it mighl be a constructive thing to do. Or pick out a few things, we had a lot of comments tonight on barking dogs. Ms. Bradshaw said yes, that was on just about evety0oe's list She said she bad a bad dog ooce, that barked, and he barked because lhe neighbor was leaning over the fence trying 10 get a recording of the dog barking, so we could go to court. She said she has since moved from that neighborhood, and she is much happier where she is. She said she and her dog have a record here in lhe City of Eoglewood for barking. Just lhe dog, she said. That is a huge coocem, aod that is probably the first isaue that people talk about with dogs, she said. Council Member Gr .. zulis said that can also be pan of the education, because there are invasive and non• invasive ways of coottolling barking. Perhaps evety0ne should be educated on Iha~ she said. Couocil Member Wolosyn said, regarding Council Member Bradshaw's suggcstioo, she preferred to have a discussioo at Study Sessioo, aod lheo maybe make a list of thinp, Particularly about the barking dogs, aod begin the discussion and let Code Enforcement come back and comment on it. Council Memb<r Bradshaw suggested haviog lhe joint Study Sessioo oo Oc tobers•. COUNCIL MEMBER GARREIT MOVED, AND IT WAS SECONDED, TO CONTINUE AGENDA ITEMS I I (b) (I) AND (II)-COUNCIL BILLS NO. 36 AND 37 -TO THE REGULAR CITY COUNCIL MEETING OF OCTOBER 15, 2001. Ayes: Couocil Mcmb<rs Nabbolz, Garren, Bradshaw, Wolo1yo Yurcbick, GraZ1dis, Bums Nays: None The motion carried. (iii) Ken Ross, Director of Public Works, addressed Couocil Bill No. 53, vacatina a portion oflhe right-of-way located in lhe 2400 block of South Pecos Strtet He stated Iha~ back in 1997, City Council approved a resolution authorizing the vacation of the right.of.way on Peco, Stree~ between Wes l~y Avenue and Harvard Avenue. Unfortunately, when that happened, it was sent over to the county, and the coW1ty took this resolution authorizing the vacation as an ordinaocc to vacate . They changed their maps and sent a notice to the property owners that this right-0(.way bad been vacated. Mr. Ross said he came to the City in 1999 and nied to work this out with the two property owners, in order to address the three conditions that Council had made in 1997 , and we have worked it out The property owner to the south was very cooperative , although the property owner to the north was not very cooperative, be said. We have, basically, provided a turnaround that utisfies the needs of the Fire Division. \Ve took their largest ladder truck ou t there and had them pull in and back out and get out of there, which established the minimum amount of area required for that rumaroW1d. We posted it, and, in fact, because the propeny owner to the north wus not very cooperative, we actually used city forces to install asphalt and demarcate that area, and then we posted it with no parking signs, be explained. So ""'C have worked it out with both property owners . and, although they are not full cul-de-sacs, we believe that. with those no parking signs and with enforcement from our Code Enforcement Officers , the integrity of those two turnarounds can be provided . In fac t. last week, or the week before. fourteen vehicles v.'Cre towed because they were l!qlewood City Council September 4, 2001 P11e 24 improperly parked in thar turnaround area, blocking access to the fue ~t That action probably cost that bwineu clc... to S 1,000.00. Mr. Roa said be wu happy to report, when be weffl out there Jut week, it bad been a whole week, and the pmon WU ltill mpeclina that turnaround, 10 it showed that be may have gotten the message. Sttff ia roconmiending that Council approve the ordinuce to vacalc the wost thirty feet of the right-of-way on Pecos Str<ct beiween tho,e two 111'ets, be userted. Council Member Bradshaw thanked Dirtctor Ross for answering Council's concm11 and for going out then: again. Dirtctor Ross opined that we an: going to have to stay on top of it but be felt it would work. ORDINANCE NO. S2, SERIES OF 2001 (COUNCIL BILL NO . SJ , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE VACA TING A PORTION OF 1llE RIGHT-OF-WAY LOCATED IN 1llE 2400 BLOCK OF SOUlll PECOS STREET BY 1llE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBIR WOLOSYN MOVID, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (b)(IB)-ORDINANCE NO. 52, SIRIES OF 2001 . Ayes: Council Mernb<:n Nabbolz, Gmett, Brldshaw, Wolosyn Grazulia , Bums Nays: None Abstain: Council Member Yurchick The motion carried. (c) Resolutions and Motions There wen: no additional resolutions or motions submitted for approval. (See Ageoda Item IO -Consent Agenda.) 12. Geaenl Dbcmslon (a) Mayor's Choice (i) Mayor Burns cong-,shied Janet Grimmett and the City for n:ceiving a special Colorado NAHRO Award for excellence in a1 1,,,.!t ble housing and conv,":Wlity service assiJting the House of Hope. Council Member Bndsbaw asked if they could talk abrn!t the House of Hope and the letter pteaenlcd by Bill Clayton. She said she knows we don't usually do that but it doesn't seem like S900.00 ia a lot of money. We have S1.4 million in Project Build funds just sitting then:, and since we aren 't doing Project Build, she said, I think we could afford S900.00 out of that. Council Member Wolosyn said it was in the rehabilitation fund . Council Member Bradshaw said that is rehabilitation of a facili l) that obviously we need morc of in Arapahoe County. Englewood stepped up to the plate on that one, so she felt we could use the funds from there . City Manager Scan said he did not know exactly what that was , but we would estimate 11TOund SI ,000 .00 . Council Member Omen suggested allowing up to $900 .00 . Council Member Bradshaw felt up to S 1,000 .00 would be appropriate . That way we can give them an answer, because they arc on a deadline . Mayor Bums said it looks like they arc on a pretty tight time frame. • EnaJewood City Council September 4, 200 I Page 25 Council Member Gnzulis felt that was an excellent idea . I tf. 11 COUNCU. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO USE COMMUNITY DEVEWPMENT FUNDS, UP TO Sl,000.00, TO PAY FOR 11IE HOUSF. OF HOPE PERMIT FEES FOR A SPRINKLER SYSTEM. Ayes : Council Member, Nabholz, Garrott, Bradshaw, Wolosyn Yurchick, Grazuli1, Bums Nays: None The motion carried. (b) Council Members ' Choice (i) Council Member Grazulis stated, regarding this evening's dog issues, that sbe is kind of embroiled with them. There an, aeveral educational resources, includia& Linda Han. She said sbe has other rnourus lhal she would love lo offer to Council. This would be names and numben of people wbo have volunteered before. There is another dog !Iainer in Englewood, and we went to lhe achools and tried lo approach Ibero about what children should do around dogs, and were flatly told no, Ibey should not be taught that. Sbe felt Iha~ if Ibey ...re approached in a ditrenmt way, Ibis would be an excellent opponunity to include all upecls. She said she would love lo be in on that. Council Member Bradshaw uked about using the Health and Safety Committee through the schools. She felt it was a perfect venue . Mayor Buros said ii seems as thou~ if you approach the schools in the right way, Ibey 1bould oot tum you down. Ms . Grmdis said they were turned down flatl y many times, because if was an insurance issue. There were going 10 be demonstration dogs, and Ibey wondered what would happen if Ibey lum<d on a child. Council Member Bradshaw felt ii could be offered on a Saturday al elemenwy schools, and die illleresled parents could be there with their kids, because parents need 10 be educated, loo. (ii) Council Member Wolosyn said she and Council Member Bradshaw attended the bond steering committee meeting last week. During that meeting, Sel Hewitt said be bad attmled a school board meeting and the discussion of the ScbooVCity meeting came up . Apparently Dr. White was going IO talk 10 City Manager Sears about having it sometime in October. Mr . Sears said he did mention it last week, and his secretary is trying 10 pul together a couple of dates, even in September. He thought the 14• and the 20• were the two dates that bad been talud about. He said be was sony he did not nise that earlier, but Ibey would like 10 get together and we will tty to give Council 1 phone call tomorrow with the dates they have come up with. Council Member Bradshaw said we need to have a set agenda that goes out ahead of time . Council Member Grazulis said she was a representative for that. and they were asked about the two dates. On the 20• she would not be there , she said, because it was going to be an evening session at 6:3 0 p.m She thought she could be there on the 14*. City Manager Sears said, if that is the case, we will let 11II of Council be aware of that. We will get hold of CoW1Cil tomorrow when that elate is set up. he said. Enalewood City Council September 4, 200 I Page 26 13 . City Mana1•r'1 Report (a) City Manager Scars advised !hat this Thunday night is achlllly a meeting of the COW1Cil and he was not sure if ii lad to be aet u 1 ,pccial meetbtg. I I, ~ I City Attorney Brotzman uid Iha~ if the Mayor uys it right now, he just set It. Council Member Grazulis asked what rime !hat would be. City Manager Scars said it wo,~d be at 5:45 p.m. and he hoped to be done by 7:00 p.m. Mayor Burns said City Attorney Brotzman said he just needed to declare that Council w,J ,,:'.1 a special Study Session on Thunday nigh~ September 6, 2001, al 5:45 p.m. in City Council Conference Room regarding the Proposed 2002 Budget. Council Member Bradshaw uked about the location of the City Council Conference Room. Council Member Gsrrctt said it is on the third floor, south side . Ms . Bradshaw said she just wanted to be sure everyone knew where it was . (b) City Manager Seara said there was some additional work being done on tcdiatrielml- Tom Munds had let Wm 'cnow about it lut woek. There arc some meetings being held next Monday night in Arapahoe County. He said be woutd get more information to Council tomorrow about that from Lauri Danncmillcr. (c) City Manager Seara advised that Rick Klhm bad put out some pads for the Council Chamber scats. He felt they were a lot better tban the lut ones . 14. City Attorney's Report The City Attorney bad no matters to discuss . 15 . Adjournment MAYOR BURNS MOVED TO ADJOURN. The meeting was adjourned at 10:30 p.m. • •