Glenwood Springs City Council is being pressured to take legal action to try to enforce an April 28 Planning and Zoning Commission decision revoking a special-use permit for the Immigration and Customs Enforcement (ICE) detention facility in West Glenwood.
The revocation was in response to public outcries when evidence revealed through public records requests that the facility had on several occasions exceeded a 12-hour hold limit for detainees, which is contained in a City permit dating back to the mid-2000s.
Glenwood Springs resident Judy Haynes, during the public comments portion of the June 4 regular City Council meeting, challenged City Attorney Karl Hanlon’s reading of the federal supremacy clause, which he says prevents the City from enforcing local zoning codes on federal agencies that operate within their jurisdiction.
Any lawsuit attempting to do so would be quickly dismissed under the supremacy clause, and the City would be liable for any financial claims from the feds for pressing the issue, Hanlon said.
Haynes countered that Hanlon’s interpretation is “misconstrued,” and that the City could go after the landlord that is providing the leased space for the ICE facility at 100 Midland Ave.
“The supremacy clause does not apply to a private landowner … You have a discretionary duty to enforce our zoning and building codes,” she said. “You do have the right to fine the landlord and evict the tenant.”
Hanlon said that’s a misunderstanding of how the law works, and referred council to a recent memo he provided outlining his legal analysis on the matter. He also suggested that council get a second, outside legal opinion, and that he wouldn’t be offended by that.
The Sopris Sun filed a Colorado Open Records Request to obtain a copy of Hanlon’s memo, but was denied based on the document being deemed “attorney-
client privilege.”
Later in the meeting, council members said they are not ignoring the issue, and agreed to seek out a second legal opinion. Council will issue a public statement after hearing back on that.
New police camera tech
As for the regular business agenda at the June 4 meeting, all council members were present in person to address several items, including a proclamation honoring police Sgt. Mike Young, who is retiring after 32 years of service to the City.
Also on the law enforcement front, council voted unanimously to approve a 10-year, $2.4 million contract for a bundled package of Axon equipment and software technology that’s expected to save the City up to $150,000 per year.
The deal includes police body cameras, doing away with the old Motorola dashboard cameras now in use, plus a drone first responder program, use of artificial intelligence (AI) to streamline preparation of incident reports and language translation services.
It also includes a switch to Axon Outpost roadway surveillance cameras, doing away with the current Flock camera technology that has raised some concerns about data protection and the potential for information sharing without the knowledge of the Glenwood Springs Police Department.
The Axon contract has tighter language around that, and gives the local police total control over what agencies can obtain the data that’s collected, Hanlon and Police Chief Joseph Deras explained.
Deras said the use of drones in particular will be a huge benefit to police and the fire department when it comes to assessing an active crime, accident or fire scene before officers or emergency crews can arrive. It can also be used to quickly locate and track crime suspects who have fled the scene and point officers in the right direction, he said.
One member of the public questioned the use of AI for incident reports, and the potential for inaccuracies.
Deras clarified that the AI incident reports would never be submitted as is, and that officers will still review reports to ensure accuracy.
Hanlon said the contract also has some leeway to assess individual aspects of the deal, and opt out if something isn’t working.
Water service agreement
After a lengthy discussion, council voted 5-2 to extend a City water service agreement to the would-be developers of a new 100-unit housing development on the current site of the Ami’s Acres campground just west of city limits on Highway 6 and 24.
The move was made possible by a council decision earlier this year to extend a water line to serve a new storage unit development west of Ami’s Acres. That was done with the knowledge that other landowners could ask to tap into the water line.
Developers are applying through Garfield County to redevelop the site into 100 smaller-scale, single-family homes that would theoretically be more attainable than what’s currently on the market. Ten percent of the units would abide by the county’s affordable housing regulations, using appreciation caps and other controls, a representative for the developer said.
Council members Ray Schmahl and David Townsley expressed concerns about the City selling water for a development that would not be under the City’s purview. They would rather see the property annexed to the City and go through the City’s land-use approval process.
However, under a recent ballot question approved by City voters, such annexations now have to go to a vote of the people. Other Council members argued that’s a deterrent to this or any other owner of property that’s just outside City limits.
Mayor Pro-Tem Erin Zalinski offered that there’s a public safety bonus, in that the development would include five new fire hydrants to protect against wildfire potential.
She was joined by Mayor Marco Dehm and Councilors Steve Smith, Sumner Schachter and Mitchell Weimer in favoring the water deal. Schmahl and Townsley were opposed.
In other action, council approved $293,500 in grants to various nonprofit organizations and human service programs, as recommended by the City Financial Advisory Board.