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HomeMy WebLinkAboutresolution.council.015-84 RECORD OF PROCEEDINGS RESOLUTION NO. (Series of 1984) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO THE PETITION OF THE COUNTY OF PITKIN, COLORADO, DATED APRIL 2, 1984, FOR ANNEXATION OF PROPERTY TO THE CITY OF ASPEN AND AUTHORIZING THE INSTITUTION OF ZONING AND SUBDIVISION REVIEW PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED 100 Leaves WHEREAS, on April 2, 1984, the County of Pitkin, Colorado, did file with the City Clerk of the City Aspen a Petition for Annexation of Territory to the City of Aspen annexed hereto and incorporated herein as Exhibit "A", whereby that real property more particularly described in said application, is being peti- tioned for annexation to the City of Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred aforesaid petition as a communication to the City Council for appropriate action to determine if the petition is substantially in compliance with subsection (1) of Section 31-12-107, C.R.S.; the and WHEREAS, the petition, including the accompanying copies of an annexation map, have been reviewed by the City Attorney's Office and by the Engineering Department, both of the City of Aspen, and have been found by them to contain the information pre- scribed and set forth in paragraphs of Section 31-12-107, C.R.S., which and incorporated by reference herein; and WHEREAS, the petition has been signed (100%) of the area proposed to be annexed, and alleys; and (b) to (d) of subsection (1) findings are hereby adopted by one hundred percent exclusive of streets WHEREAS, said area proposed to be period of not less than three years past has had dary contiguity with the City of Aspen, NOW, THEREFORE, BE IT RESOLVED BY THE CITY annexed has and for a two-thirds boun- COUNCIL OF THE CITY OF ASPEN, COLORADO: RECORD OF PROCEEDINGS 100 Leaves Section 1 That the Petition for Annexation of Territory by the County of Pitkin, State of Colorado, dated April 2, 1984, a copy of which is annexed hereto as Exhibit "A" and incorporated herein by refer- is hereby found and determined to be in substantial compli- with the provisions of subsection (1) of Section 31-12-107, ence, ance C.R.S. Section 2 That the City Council of the applicable parts of have been met and that 31-12-107(2), C.R.S. Section 3 That in view of the fact that the City of Aspen determines that Sections 31-12-104 and 31-12-105, C.R.S., an election is not required under Section said Petition is signed by the owners of one hundred percent of the area proposed to be annexed, exclusive of streets and alleys, the City Council hereby declares its intention pursuant to Section 31-12-107(g), C.R.S., to annex such area to the City of Aspen by ordinance, as provided in Sec- tions 31-12-107(1)(g) and 31-12-111, C.R.S. Section 4 Pursuant to the provisions of Section 31-12-115, C.R.S., the City of Aspen, through the Planning and Zoning Commission of the City of Aspen and the several advisory departments of the City of Aspen, may hereupon institute the appropriate procedure to sub- divide and zone the land in the area proposed to be annexed. Dated: ~~~/~-~ , 1984. ~~St i r l'/in~ I, Kathryn S. Koch, duly appointed and acting City Clerk of the City of Aspen, Colorado, hereby certify that the foregoing is 2 RECORD OF PROCEEDINGS 100 Leaves a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the Z~ day of ~ , 1984. , City Clerk PE~TIC/~ FOR AS~EXA~/ON '~he Board of Co~ty C~,,Rssioaers for Pitkin Co~ty does hereby petition the Ci~' Council of the City of ~spen pursuant to Sectio~ 31-12-1076 C.R.S., 1973 for annexation for the property described un E~hibit "A" to the City Board of County Co~mlssioners being duly sworn stat~s: 1. That it is desirable and necessary ~hat ~he area set forth in E~ibit "A" be annexed to the municipal ~ ry. 2. That the requiremants of Sectic~ 31-12-1~4 and 31-]_q-105, C.R.S., 1973 exist or have been m~t. 3. That ~he signer of 'this petition represents the landowners of 100% of the property including the area prc~sed to be anne~d exclusive of street, roa~ays and alleys. 4. ~hat the City of ~s~en approve the annexation of the ~rea set for-~Ja 5. ~hat the mailing address of the u~ders~gned landowner representative for purposes of ~his pe~itic~ is 506 E. M~n St., Aspen, Colorado 81611. STATE OF 0~ORAD0 l 1 ~ OF PITKIN ). ss. PITKIN COUNTY BOARD OF CO[~rfY (3D~4ISSIONERS ~he undersigned being sworn, says that the facts set forth in the fore, going petiticn for annexation are tru~ to the best of his knowledge, information and belief. Subscribed and swo~n to before me this ,. My c~m~ssion e~pires: ClTY SPEN 130 reet asPW '1611 MEMORANDUM DATE: June 1, 1984 TO: City Council FROM: City Attorney RE: Animal Task Force Report In accordance with Council's direction an Animal Control Task Force was convened on April 25, 1984, comprising the following individuals: 1. Mary Brown (concerned citizen and dog-bite victim) 2. Dr. Burkholder (Veterinarian) 3. Bob Child (County Commissioner) 4. Chic Collins (City Council member and animal owner) 5. Pam Gassman (concerned citizen) 6. Dave Guinnee (Veterinarian/Animal Control) 7. Brooke Peterson (Municipal Court Judge) 8. Jeanne Ritter (Municipal Court Clerk) 9. Lisa Russell (Animal Control) 10. Marie Serry (Animal Control) 11. Bill Stirling (Mayor and Council member) 12. Monroe Summers (City Manager's Office) The Task Force met on April 25, April 30, May 8, and May 24. As a starting point, all members familiarized themselves with the animal control provisions of the Municipal Code and studied a book on animal control published by the Colorado Municipal League which discusses the animal control problem in general, existing state law and various municipal approaches throughout the State of Colo- rado. With this information and the expertise of the members, the Task Force made the following findings: 1. Aspen's animal control regulations are as strict as, if not more strict, than most other Colorado municipalities. As a prac- tical matter, regulatory programs succeed in "controlling" rather than totally eliminating the problems. Memorandum to City Council June 1, 1984 Page Two 2. There may be a correlation between the reduction in number of animal control personnel and the recent heightening of the animal control problem. 3. A measured approach should be utilized to address the prob- lem; that is, to attempt to use existing resources to the fullest extent possible and to implement changes only if necessary. The emphasis at this point should be on "improving" the animal control program rather than "changing" it. Therefore, legislative responses and more drastic approaches should be deferred until an effort is made to make existing programs, policies and procedures more efficient and more effective. 4. Procedures for the public to contact animal control personnel are generally poor and should be improved. In view of these findings, the Task Force voted to recommend the following six-point program to the City Council: I. THE CITY COUNCIL SHOULD RECOGNIZE THAT AN ANIMAL CONTROL PROBLEM EXISTS. The Task Force felt that the first question to be considered was whether the City actually has an animal control problem which must be addressed. Although not unanimous, Task Force members agreed that the recent dog biting incidents reflect animal control prob- lems deserving further study. One member felt that the recent dog biting incidents were unusual and that the animal control situa- tion has remained fairly constant and, therefore, does not deserve special attention at this time. Some members, in particular the animal control personnel, felt there was a strong correlation between the increase in animal control incidents and the reduction from four to three animal control officers. Statistically, it was reported that one animal control officer is generally responsible for impounding approximately 250 to 300 dogs. These members also felt that the reduction in animal control personnel may have con- tributed to increased owner apathy by conveying an impression to the public of less active enforcement. Thus, as a first step, the Task Force recommends that the City Council recognize the exist- ence of an animal control problem deserving implementation of the remaining recommendations of the Task Force. Memorandum to City Council June 1, 1984 Page Three II. HIRE ADDITIONAL ANIMAL CONTROL OFFICER. Since there may be a correlation between the reduction in animal control personnel and an increase in animal control incidents, the Task Force concurs in the City Council's decision to hire another animal control officer. Since the new officer will be a seasonal, temporary employee, the Task Force feels that the summer season, a time when the animal control situation is most difficult, will present an excellent opportunity to analyze the correlation, if any, between the number of animal control personnel and incidents. III. THE CITY COUNCIL SHOULD ADOPT AND ANNOUNCE A POLICY OF STRICT ENFORCEMENT. The Task Force recognizes that discretion is exercised on all levels of the enforcement process. Animal control personnel, for example, are inclined to give warnings rather than citations for first-time offenders. Likewise, the City Attorney and Municipal Court Judge have been lenient to persons they perceive as first- time offenders. Thus, cases which make their way through the enforcement process often have involved several contacts with the animals and their owners prior to the imposition of a fine. The Task Force, therefore, recommends that the City Council not only recognize the animal control problem but also indicate its desire that all officials involved in the animal control program strictly enforce existing rules and regulations. IV. PUBLICIZE THE CITY'S POLICY OF STRONG ENFORCEMENT. The Task Force feels that publicity surrounding a strict enforce- ment policy would serve to both deter violations and increase pub- lic confidence in the animal control program. If dog owners are made aware of a strict enforcement policy, it is hoped that they will then be more inclined to assure that their animals are in compliance with existing regulations. Similarly, it is hoped that greater public awareness will result in the filing of more citizen complaints so that animal control personnel can concentrate on problem animals. In this regard, the Task Force encourages animal control to utilize innovative enforcement procedures, such as fol- lowing joggers and bicyclers, or having animal control personnel periodically jog or bicycle through the City to observe first-hand those animals which can be bothersome. V. IMPROVE COMMUNICATION PROCEDURES. The Task Force found that procedures for handling citizen com- plaints is generally poor and, therefore, recommends that immedi- Memorandum to City Council June 1, 1984 Page Four ate steps be undertaken to improve the public's ability to commun- icate and obtain a quick response from animal control personnel. Specifically, the committee recommends that the animal control department operate out of the same building in which the pound is located; that animal control establish an answering service; that the animal control number be listed in the telephone directory; and, perhaps most important, that animal control establish a coor- dinated procedure with the communications center to assure better handling of animal control complaints. VI. REEVALUATE THE ABOVE ADMINISTRATIVE STEPS IN THREE MONTHS. The Task Force hopes that a greater reliance on and refinement of existing rules, regulations and procedures (utilizing in some instances innovative enforcement approaches) will ameliorate the animal control situation. If success is not achieved within this period, further legislative responses may be necessary, such as implementing legislation requiring that animals be leashed at all times (whether on or off an owner's property) or implementing pro- cedures to remove problem animals from their owners. CONCLUSION The Task Force hopes that the City Council will adopt the above recommendations and vote to approve the annexed resolution. Addi- tionally, the Task Force has agreed to reconvene in six weeks to monitor the progress and has also agreed to reevaluate the imple- mentation of the above recommendations at the conclusion of the summer season and report further to Council as appropriate. PJT/mc