Council revisits trash talk, irons out fine details

It took a bit of clarification, but City Council approved a resolution to adopt a universal fee schedule for businesses that violate city trash ordinances.

During the meeting on Tuesday, July 19, members voted 6-0 to adopt the fee schedule, which will include an escalating charge per violation.  Mayor Pro Tem John Shada did not attend the meeting.

“$250, plus $100 per hour per city employee,” said Mayor John Graham as he read what council would implement regarding the universal fee.

“The next line would still say $250 for the first offense, the next line would say $400 on the second offense, next line would say $700 all subsequent offenses. I would propose an asterisk for all three of those offense values and say ‘within a 12-month period.’”

After one year, any violation will drop down to the initial $250 fine rather than ascend to the next tier.

The introduction of the fee schedule comes on the heels of City Council’s July 12 session, when Hannah Van Nimwegen, Manitou Springs planning director, spoke about a litter and waste control ordinance and long-term waste control.

At that time, Van Nimwegen said there had been “an increase in trash and trash-related complaints” throughout the summer in recent years.

Councilors discussed how some downtown businesses didn’t flinch at the price of fines and council considered adopting a fee schedule to encourage business owners to keep their areas clean.
This led to Tuesday’s discussion, during which Van Nimwegen and councilors developed a plan to levy fines should businesses not adhere to the new ordinance.

“If paying that much money doesn’t encourage the violator to solve the problem, then we can always just revoke their business license,” said Councilor Julie Wolfe. “We have other options if the (fine) doesn’t fix the problem.”

During the discussion, Councilor Judith Chandler highlighted the importance of the hourly clean-up rate. She said that, if the city only fines businesses for excessive waste at their establishment, that doesn’t solve the problem of removing the waste.

“Say you go to a business on July 19 and that’s their first offense,” Chandler said. “If we’re just giving people $250 fines and they’re willing to pay it, then we’re not taking care of the problem. “This is a serious health and safety issue and we will impose the $100 per hour (fee). If it takes us five hours, then you also get a bill for $500 for us to clean it up.”

Councilor Nancy Fortuin agreed with Chandler’s statement and noted that most downtown business owners abide by current guidelines.

“It’s only a few businesses that have been taking advantage of it over the years,” Fortuin said. “What Councilor Chandler proposed is a good way forward.”

Council also fielded a second reading and public hearing on an ordinance amending the annual budget for fiscal year 2022.

Before council voted 6-0 to approve the budget, Gary Scholten rose from his seat in the audience to discuss how the potential legalization of marijuana in Colorado Springs could affect the Carnegie Library renovation project.

“If marijuana is approved (in Colorado Springs), a large source of our income will be greatly diminished,” Scholten said. “The last budget that I heard for the Carnegie Library was around $3.3 million.”

Scholten explained that, as inflation continues to rise, so, too, do costs to modernize the library and suggested councilors put a “condition on the funding of the library addition.”

“This condition would be that the library be separated into two phases,” Scholten said.

The first phase would include handicap-accessible entry, elevators, restrooms and fountains, as required by the federal Americans with Disabilities Act.

The second would include “a balance of the design” and money for the second phase would come from private funding.

“If Manitou loses that MJ money, we’re going to be in dire straits,” Scholten said. “Paying for that entire library addition the way it is now is probably not a good idea.”

Council also voted unanimously to:
• Approve amending a chapter of the municipal code regarding restrictions of open fires and open burning to include city-owned properties, parks and open spaces;
• Consider the approval of the audited 2021 financial report; and
• Amend chapters 6.24, 6.27 and 7.10 of the municipal code regarding litter and waste disposal, control and containment. The amendment will “clarify inconsistent language” in the chapters.

Graham added that there will be no work session next week because council would have few items to discuss.

“I think we’re between having things ready and needing to review,” he said. “You get the night off.”