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Sewage plant location and panhandling addressed
The Durango City Council on Tuesday discussed options for limiting panhandling in Durango. A previous law prohibited begging but the American Civil Liberties Union challenged the law because it violated the First Amendment. Last fall Durango police officers could still cite people for loitering. Here a local homeless man, Brian Harwood, is pictured being cited for loitering in September. He was holding a political sign.

Durango city councilors tackled plans for new wastewater-treatment plant and ordinances to prevent aggressive panhandling Tuesday.

The councilors asked City Manager Ron LeBlanc to hire a consultant to explore two alternative sites for a sewage-treatment plant south of the High Bridge.

The Utility Commission had encouraged the city to look at three sites in town as alternatives.

But the councilors reiterated their commitment not to pursue relocating the plant to the south side of Santa Rita Park, Cundiff Park, the riverfront property below the Durango Mall or any private property.

Cundiff the potential site for a new bike park was particularly unpopular.

“We don’t want to have our staff accused of proposing this kind of location,” Mayor Pro Tem Dean Brookie said.

Costs to remodel the plant at Santa Rita park were also clarified.

Last week, Utility Commissioner Dick Reitz presented an analysis showing the cost for a new plant and the first phase of a remodel of the current plant could each cost about $40 million.

A consultant with Dewberry Engineering, Patrick Radabaugh, clarified the cost.

The total remodel construction would likely cost $48 million, not factoring in any engineering or contingency costs, he said. The remodel would employ different technology than the plant that Reitz based his estimates on. Radabaugh said the cost of a new plant would be more than a remodel.

Utility Commission Chairman Chris Wilbur said the further south the plant is moved the more expensive the project will get because of the piping required to move the sewage.

“My hope was they would look at one site above the High Bridge,” Wilbur said.

Councilors also directed City Attorney Dirk Nelson to finish an ordinance to penalize aggressive panhandling for possible adoption by May.

Late last year, the American Civil Liberties Union of Colorado challenged the constitutionality of the city’s law against all panhandling. Soliciting donations is a form of free speech.

Since then, the city has voluntarily ceased the enforcement of the questionable law.

Now, Nelson is recommending adopting new laws to outlaw aggressive panhandling that is intimidating. For example, following someone down the road or touching someone while soliciting donations would be prohibited.

“We have to balance the needs of the citizens against the rights of the people who seek solicitations,” Nelson said.

mshinn@durangoherald.com



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