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HomeMy WebLinkAboutApril 9, 2009 Policy Meeting MinutesLINKED POLICY MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 9, 2009 ***************************** The Commission of the City of Bozeman met in the small conference room at the City Library at 626 East Main Street on Thursday, April 9, 2009. Present were Mayor Kaaren Jacobson, Cr. Sean Becker, (Cr. Bryson was absent) Cr. Jeff Krauss, Cr. Jeff Rupp, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Assistant to City Manager Brit Fontenot, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. 0:00:38 Call to Order - Noon to 1:30 PM - Small Conference Room at the City Library- 626 East Main Street Mayor Jacobson called the meeting to order at 12:06 p.m. Due to the lack of a flag, the pledge of allegiance was foregone. 0:00:57 C. Public Comment Mayor Jacobson opened public comment. 0:01:17 Ted Lange, Public Comment Mr. Lange with Gallatin Valley Land Trust - Community Trails Program is contacted fairly frequently about why they don't manage dogs more on the trails. They explain that while they are part of a partnership with the city and eager to do what they can, the issue is complicated and the city is working on it and they'd be happy to be part of the process. Mr. Lange spoke regarding a program in Boulder, Colorado where dogs are allowed off leash in designated areas if the dogs are under voice and sight control. People are issued tags if there dog is under control. They have enforcement for that. GVLT has also gotten a lot of feed-back on the dog poop stations that people like the poop stations and want more. With the Parks Departments limited resources it is difficult to get more. 0:02:57 Bill Vandenbos, Public Comment Mr. Vandenbos of 1007 East Curtis spoke on behalf of the Inter-neighborhood Council which passed a Resolution last week to ask that the commissioners take a comprehensive look at loose dogs and at irresponsible pet ownership. Every neighborhood representative at their meeting said there are health and safety issues with loose dogs in their neighborhoods. Something bad is going to happen sooner or later. The straightest line is enforcement. We have a lot of education and signs. Most of the ignorance about dog laws is willful. When a dog is off leash most of the time it is not under control and the odds go way down as to where it is leaving its deposits. Mr. Vandenbos thanked the commission for looking at this issue. 0:05:48 Louis Mccarl, Public Comment Mr. Mccarl of 105 East Cottonwood near Centennial Park. As a dog owner he appreciates off leash dog areas but he feels they are at the extremities of the city. He feels he always has to 22 Minutes of the Bozeman City Commission Policy Meeting, April 9, 2009 2 drive to an off leash park if you live in the center of the city. He spoke regarding the benefits of off leash exercise for dogs. You can't exercise a large dog with just a walk. He goes to Centennial Park regularly and four out of five people have a dog. The neighborhood is good at picking up the poop. 0:07:35 Sandy Mccarl, Public Comment Ms. Mccarl of 105 East Cottonwood Street said she is a retired animal control officer from Belgrade. Ms. Mccarl stated that Centennial Park is considered to be an off leash dog park by the people. The neighbors do a good job of cleaning up after the dogs. The dogs do very little damage there compared to the people. 0:09:22 D. Round Table Discussion (Identifying potential future agenda items arising from the prior City Commission Meeting ) Mayor Jacobson asked if anyone had any round table items they would like to discuss. No person commented. 0:09:38 E. Policy Discussion 0:09:39 1. Leash-Free Parks Discussion (Fontenot) 0:09:42 Brit Fontenot, Assistant to City Manager Mr. Fontenot presented the staff report. The staff would like to receive clear direction on how the commission would like staff to proceed. Mr. Fontenot pointed out what the City already does educating and reaching out to the citizens to let them know what city rules and regulations are. Of the nine ideas presented in the memorandum, Mr. Fontenot added one idea that was discussed in a staff meeting. Perhaps a designated time frame early in the morning could be considered for off leash activities at a time when dogs would not likely run into conflict with other users. Mr. Fontenot explained that staff recommends that enforcement in the parks be increased, dedicated times are established at very early hours, and that more education and signage be used regarding the rules and laws. Staff would also advise that there is another regional non-city park where people are allowed to run their dogs. 0:13:58 Mr. Fontenot Mr. Fontenot, responding to a question from the Mayor explained that the Regional Park is a County park that does not require leashes. The County does not have a leash law. 0:15:31 Cr. Krauss Cr. Krauss asked Mr. Lange from GVLT if there were any trails around that are dog free. 0:15:50 Ted Lange, Gallatin Valley Land Trust Mr. Lange responded that there are not any trails that are dog free except for Cherry River Fishing Access. 23 Minutes of the Bozeman City Commission Policy Meeting, April 9, 2009 3 0:16:25 Connie Lien, Animal Control Officer Ms. Lien explained that East Gallatin Recreation Area does not allow dogs but the trail adjacent to it does. 0:17:38 Mr. Fontenot Mr. Fontenot said that dog feces is a huge problem in the parks and trails. Part of the recommendation is about accountability and responsibility. 0:18:13 Cr. Krauss Cr. Krauss brought up that increased enforcement would likely result in getting a ticket if you did not pick up after your animal. 0:19:09 Cr. Krauss Cr. Krauss brought up the issue of runners on the trails in the early morning hours and said that most of the complaints he receives about leash free dogs are from runners. 0:19:10 Thom White, Superintendent of Parks and Cemetery Mr. White, responding to a question from Cr. Krauss, stated that yes there is a lot of conflict between runners and dog owners on the trails. 0:20:05 Cr. Krauss Cr. Krauss feels that the issue is that there are seven areas where dogs can run freely including the entire National Forest that surrounds us but that dogs are not allowed to run free at the park across the street/next door from people's homes. 0:20:48 Mr. Fontenot Mr. Fontenot pointed out that residents in the same areas also complain that the dogs that do run free are disruptive to their enjoyment of the park as well. It's difficult to have it both ways in the same piece of property. 0:23:08 Cr. Krauss Cr. Krauss pointed out that it is a public health and safety issue to have dog licenses because they have to have a rabies tag, etc. 0:23:34 Rich McLane, Police Lieutenant Mr. McLane explained that police and animal enforcement have a zero tolerance policy for un- licensed dogs. They either receive a ticket or are given a time frame to get in compliance, such as a week. 0:25:53 Mr. Fontenot Responding to a question from Mayor Jacobson regarding whether increasing enforcement would require more resources, Mr. Fontenot said that our one and a quarter animal control officers would not be enough to increase enforcement. There are several options including 24 Minutes of the Bozeman City Commission Policy Meeting, April 9, 2009 4 increased animal control officers or re-directing some of our patrol officers to make an effort to look when driving by parks to stop and educate and sometimes ticket violators. 0:32:59 Ms. Lien Ms. Lien explained that her biggest deterrent is the trip out to the Heart of the Valley Animal Shelter because it's almost an hour and a half round trip. 0:34:35 Ms. Lien Responding to a question from Cr. Rupp, Ms. Lien stated that an off-leash dog citation is a criminal offense. 0:35:04 Lieutenant McLane Lieutenant McLane spoke regarding the differences between criminal and civil citations. 0:37:36 Cr. Rupp Cr. Rupp stated that the issue is that if you have an Ordinance on the books you should enforce it or change it. 0:39:48 Cr. Rupp Cr. Rupp does hear conflict on the trails from runners who run in the morning, so Cr. Rupp would not be interested in pursuing the early morning leash free hours. 0:40:45 Mayor Jacobson Mayor Jacobson said that she feels it all comes down to needing more people to enforce the laws if we need more enforcement and it seems that we do. The problem is significant enough. 0:41:13 Thom White Mr. White responded to a question from Mr. Fontenot saying that we have twenty-five parks that the City maintains and forty-five dog waste stations. 0:42:48 Chuck Winn, Assistant City Manager Mr. Winn spoke regarding other ways to use existing staff to make it known to the community that we are getting tougher on enforcing leash laws. For the commissions consideration we could conduct sting operations in certain parks where we take existing staff patrol and animal control and target a specific area to get the message out to the public that off leash dogs will not be tolerated in these parks. 0:44:18 Cr. Krauss Cr. Krauss said the hierarchy is, do we want a leash law and then if we do, don't we want to enforce it, and are there places where we excepted and how, and times when we accept it and where are the places. 0:44:53 Cr. Krauss Cr. Krauss stated that he is in favor of the leash law and feels it is a public health issue. There 25 Minutes of the Bozeman City Commission Policy Meeting, April 9, 2009 5 are plenty of kids that have been bit in the head and neck. There are a huge number of statistics about the dangers of unleashed dogs to children. He also feels we should enforce the leash law. Cr. Krauss also likes the times of use idea. We do have to consider everyone else. Isolate two or three places and times. Cr. Krauss felt it should be recognized that there is not an innate right to let dogs roam free in the park. We do not want our parks to look like the M or the Sourdough Trail with feces everywhere and is the consequence of irresponsible dog owners. If it looked that way, he would like to re-visit this again. 0:48:12 Mr. Kukulski Mr. Kukulski said in answer to Cr. Rupp's earlier questions, there is more research to do internally between criminal and civil. He would not suggest that a dog that bites someone shouldn't be a criminal defense, but using people with law degrees as prosecutors to handle things through the court systems is an expense. Mr. Kukulski stated interest in how the internal debate regarding criminal vs. civil will proceed. For example, are there parts of animal control that should be civil and parts that should still go through the criminal justice system? 0:52:47 Mr. Kukulski Mr. Kukulski brought up the concept that we do not want to punish the responsible pet owners. Mr. Kukulski feels the City uses an inordinate amount of public resources to take care of something that the licensing and fees should be taking care of a higher percentage of instead of the general tax-payer paying the bill. 0:54:03 Mayor Jacobson Mayor Jacobson asked if Mr. Kukulski feels we should increase the fines. 0:54:04 Mr. Kukulski Mr. Kukulski said that he did not know if it should be the fines or licenses, but it should be a consideration. 0:54:14 Mr. Fontenot Mr. Fontenot talked about how the commission recently reviewed kennel licensing fees. At the time, since we were only talking license fees we did not want a disincentive from licensing pets. Yet, a consideration could be increasing the fines so that people are less likely to violate because fees are high. 0:55:08 Cr. Krauss Cr. Krauss said that we want the fine tough enough that the incentive is to go and get a license. 0:55:19 Ms. Lien Ms. Lien explained that at this time the fine is $50.00. It is $10 for a license for spayed and neutered dogs. 26 Minutes of the Bozeman City Commission Policy Meeting, April 9, 2009 6 0:55:50 Cr. Becker Cr. Becker asked whether the voice control certification is self supporting. 0:55:59 Mr. Fontenot Mr. Fontenot said there are fees associated with the program. It is unclear whether the program supports itself. It seems to be effective for the City of Boulder but they have a lot of enforcement. They have tests for certification as well. 0:57:10 Cr. Becker Cr. Becker said he feels that if we phase in these different animal control policies a voice control program would have to be a later phase. 0:57:45 Cr. Krauss Cr. Krauss said that the voice control program worries him a lot because you get rich people that can send their dog to obedience school and have their dogs off leash and poor people that cannot and have to keep their dogs on leash. He feels a more egalitarian program is needed. 0:58:22 Mayor Jacobson Mayor Jacobson feels it would be a nightmare to administer and cost more money. 0:58:30 Cr. Becker Cr. Becker feels the voice control program idea could be a phase II idea and needs more information but might be a concession the city might make in the future. Cr. Becker also said it seems like the 5 to 7 a.m. is a start but we may want to go from 5 to 10 a.m. Cr. Becker also asked about the alleys that seem to be the ex-facto trail system that's totally leash free and people need to fence their yards just to keep dogs out. 0:59:36 Ms. Lien Ms. Lien said that alleys are a street as far as she is concerned and they need to be on a leash. 0:59:48 Mr. Fontenot Mr. Fontenot said that we really want to focus this discussion on parks so that when we leave here the staff knows what to bring back to the commission at a later date about a policy decision on how you would like to deal with animals in your parks. 1:00:11 Cr. Becker Cr. Becker said that the trails system is part of the parks system for most of us. He would like to discuss the time frame idea. 1:01:57 Cr. Becker Cr. Becker brought up that County residents do not need a dog license to walk their dogs within the city. He thought maybe a growth policy planning area might be a perimeter for licensing. 27 Minutes of the Bozeman City Commission Policy Meeting, April 9, 2009 7 1:02:27 Lieutenant McLane Mr. McLane added that whatever the hours you decide are based on hours when there are not as many children out. The Ordinance would need to be crafted to address concerns. For example, you would have to have a leash with you. There would have to be some language that if your dog were out of control even during the open hours there would be consequences. 1:04:06 Mayor Jacobson Mayor Jacobson spoke about mothers with little children that use the trails before 10 a.m. She maybe wouldn't want to see that after 8 in the morning. 1:04:29 Cr. Becker Cr. Becker said that the public health and safety issue is that dogs that are exercised regularly have a better disposition and are more healthy. 1:05:59 Mayor Jacobson Mayor Jacobson liked Mr. Winn's idea of taking all enforcement people from time to time and focus them on a certain park at a certain time. People would understand in a hurry. 1:07:01 Mr. Winn Mr. Winn said that an important part of this is education and letting the community know that we are serious about these laws. 1:08:08 Mr. Fontenot Mr. Fontenot clarified with the Commissioners that they are interested in increased enforcement and there is interest from three out of four commissioners present in exploring time frames to run dogs within certain parks as well as increased education as a third component commissioners are interested in. 1:09:01 Mayor Jacobson Mayor Jacobson said she doesn't feel that signs are very effective. Education through action is what she is interested in. 1:09:24 Mr. Fontenot Mr. Fontenot asked if there was any interest in increasing the fines for violations. 1:09:31 Cr. Becker Cr. Becker stated that he would be interested in it because the whole operation needs to be cleaned up and more self supporting. 1:10:13 Cr. Krauss Cr. Krauss agreed with Cr. Becker and clarified that what we're saying is we're going to increase some opportunities in certain areas at certain times but if you choose not to take advantage of those and follow the laws there should be disincentives. 28 Minutes of the Bozeman City Commission Policy Meeting, April 9, 2009 8 1:11:09 Mr. Kukulski Mr. Kukulski asked Commissioners whether it is okay to look at whether some offenses should be criminal and some civil. 1:11:19 Cr. Krauss Cr. Krauss said that Mr. Kukulski's question is something for staff. 1:11:21 Mayor Jacobson Mayor Jacobson responded to Mr. Kukulski's question by saying that she thinks we should look into that. 1:12:16 Mr. Kukulski Mr. Kukulski asked if there were any specific time that this issue should be brought back. 1:13:05 Cr. Becker Cr. Becker stated that whenever city staff is ready. 1:13:09 Cr. Rupp Cr. Rupp said that the people that will be harmed in this discussion are the responsible dog owners and the only part that deals with responsible dog owners is the voice command program, so he is interested in that. If folks are responsible dog owners and they can prove it that makes a difference. It's more appealing than recognizing that we have conflict and expanding that conflict to other areas. 1:14:50 Louis Mccarl, Public Comment Mr. Mccarl said his wife is in the agility club here in Bozeman. They cross the spectrum of citizens. A lot of those people would be interested in having their dogs off leash under strict voice control. He feels the bigger issue is dogs running loose on the streets of Bozeman more so than the parks. 1:17:12 Mr. Kukulski Mr. Kukulski said he does not want it to be a set of regulations that penalize the responsible pet owners. 1:19:01 Mayor Jacobson Mayor Jacobson said that if you enforce the laws with irresponsible dog owners she does not see how that hurts responsible dog owners. 1:19:28 Bill Vandenbos, Public Comment Mr. Vandenbos said that the City of Boulder website has a video about their voice and site control program and what we have here in Bozeman is not that. 1:20:18 G. Adjournment The Meeting was adjourned. 29 Minutes of the Bozeman City Commission Policy Meeting, April 9, 2009 9 ____________________________________ Kaaren Jacobson , Mayor ATTEST: ______________________________________ Stacy Ulmen, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 30