Cupola Logo 280

REGULAR CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS - CITY HALL
#1 CITY HALL PLACE
MONDAY, June 14, 2021  7:00 P.M.

Individuals Requiring Special Accommodations Should Notify the City Clerk's Office (719) 553-2669 by Noon on the Friday Preceding the Meeting.



A.

CALL TO ORDER: President Lawrence W. Atencio

B.

INVOCATION: Pastor Tony Amaya, Pueblo Christian Center

C.

PLEDGE OF ALLEGIANCE

D.

ROLL CALL

E.

SPECIAL RECOGNITIONS

E.1.

Special Recognition: “5-Star Compliance Techs”, Karen Willson, Jason Turner, Martha (Marty) Schlink, Taylor Gonzales, Brandon Martin

E.2.

Proclamation Presentation: “Shriners International Awareness Week, June 20-26, 2021”, 2021 Potentate, Ray Singmaster

E.3.

Proclamation Presentation: “LGBTQ Pride Month, June 2021”, Tommy Farrell, Southern Colorado Equality Alliance

F.

PUBLIC FORUM

G.

COUNCIL MEMBER AND MAYOR COMMENTARY

H.

REVIEW OF THE AGENDA

Review Agenda page by page.
I.

APPROVAL OF THE AGENDA

Required Council Action:   Motion to Amend the Agenda or Approve the Agenda as distributed.
J.

READING AND APPROVAL OF MINUTES

Required Council Action:  Motion to dispense with the reading and approve the Minutes of the Regular Meeting dated Monday, May 24, 2021 as distributed.
Documents:
  1. 05-24Minutes.pdf
K.

COMMUNICATIONS

K.1.

District 4 Council Member Vacancy

Motion to select candidates for interviews for District 4 Council Member Vacancy on Monday, June 21, 2021.
L.

CONSENT AGENDA

All items listed in this portion of the agenda are considered to be routine by the City Council and will be enacted by one motion.  There will be no separate discussion of these items unless a Councilperson so requests; in which event, the item will be removed from the Consent Agenda and considered under the Regular Agenda.  Unless otherwise indicated, titles are self-explanatory.
M.

RESOLUTIONS

M.1.

A RESOLUTION RATIFYING AN EMERGENCY CONSTRUCTION CONTRACT IN THE AMOUNT OF $2,373.22 WITH PARKER EXCAVATING, INC. FOR EMERGENCY SANITARY SEWER POINT REPAIR AT 1200 ACERO AVENUE, PROJECT NO. 20-059 (WWAN03) AND APPROVING THE PURCHASING AGENT’S EXECUTION OF SAME

M.2.

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $86,663.49 TO JARCCO CONSTRUCTION, LLC, A COLORADO CORPORATION, AND SETTING FORTH $8,666.35 FOR CONTINGENCIES AND ADDITIONAL WORK FOR PROJECT NO. 21-025R MISCELLANEOUS CURB RAMPS-REBID AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.3.

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $42,000 TO CALVIN TURNER ROOFING, A COLORADO CORPORATION, AND SETTING FORTH $4,200 FOR CONTINGENCIES AND ADDITIONAL WORK FOR PROJECT NO. 21-026 REPLACE ROOFING AT PUEBLO ART GUILD MUSEUM AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.4.

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $28,500 TO CALVIN TURNER ROOFING, A COLORADO CORPORATION, AND SETTING FORTH $2,850 FOR CONTINGENCIES AND ADDITIONAL WORK FOR PROJECT NO. 21-005 REPLACE PUEBLO PARKS MAINTENANCE ROOF AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.5.

A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT-OF-WAY GRANTED BY 4740 DILLON DRIVE LLC FOR THE PURPOSE OF A WATER QUALITY FACILITY

M.6.

A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT-OF-WAY GRANTED BY ALAN BICKEL FOR THE PURPOSE OF A WATER QUALITY FACILITY

M.7.

A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT-OF-WAY GRANTED BY KAISER FOUNDATION HEALTH PLAN OF COLORADO FOR THE PURPOSE OF A WATER QUALITY FACILITY

M.8.

A RESOLUTION APPROVING A PARTIAL RELEASE OF EASEMENT FOR THE REAL PROPERTY LOCATED AT 205 N. ELIZABETH STREET, PUEBLO, CO 81003 AND AUTHORIZING THE MAYOR TO EXECUTE SAME

M.9.

A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO FOUNDATION FOR THE USE OF ALAN HAMEL AVENUE BETWEEN SANTA FE AVENUE AND MAIN STREET, AND MAIN STREET FROM D STREET TO ALAN HAMEL AVENUE TO HOST THE ANNUAL ROLLIN’ ON THE RIVERWALK

M.10.

A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 80.40 ACRE AREA COMMONLY KNOWN AS THE WILDHORSE ANNEXATION 1 DESCRIBED AS NORTH OF THE U.S. HIGHWAY 50 WEST/PUEBLO BLVD INTERCHANGE IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12-104(1)(a) and 31-12-107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION

M.11.

A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 98.98 ACRE AREA COMMONLY KNOWN AS THE WILDHORSE ANNEXATION 2 DESCRIBED AS NORTH AND WEST OF THE WILDHORSE ANNEXATION 1 AND EAST AND WEST OF WILDHORSE ROAD IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12-104(1)(a) and 31-12-107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION

M.12.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF ELIZABETH BAILEY AND CHRISTOPHER PASTERNAK TO THE PLANNING AND ZONING COMMISSION

N.

ORDINANCES – FIRST PRESENTATION

N.1.

AN ORDINANCE APPROVING AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN FUEL & IRON RESIDENTIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.2.

AN ORDINANCE APPROVING AND ACCEPTING A GRANT FUNDING AGREEMENT AND ALL APPLICABLE CONDITIONS PERTAINING THERETO FROM THE COLORADO AUTO THEFT PREVENTION AUTHORITY (“CATPA”) RELATING TO THE BEAT AUTO THEFT THROUGH LAW ENFORCEMENT (“BATTLE”) TEAM, ESTABLISHING PROJECT NO. PS2103, BUDGETING AND APPROPRIATING FUNDS TO PROJECT NUMBER PS2103, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND APPROVING AND RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND COLORADO STATE PATROL BEGINNING JULY 1, 2021 RELATING TO THE STATEWIDE BEAT AUTO THEFT THROUGH LAW ENFORCEMENT TEAM

N.3.

AN ORDINANCE TO ACCEPT AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF CORRECTIONS (“CDOC”) TO PROVIDE CDOC WITH ACCESS TO THE PUEBLO POLICE DEPARTMENT’S SHOOTING RANGE LOCATED AT 901 GRUMA DRIVE, PUEBLO, COLORADO (“SHOOTING RANGE”)

Removed from Agenda

N.4.

AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL COPORATION, AND NORTHSTAR ENGINEERING AND SURVEYING, INC. RELATING TO THE DESIGN AND ENGINEERING OF THE ARKANSAS RIVER FLOOD LEVEE MASTER PLANNING AND DESIGN AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.5.

AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 2039 ALMA AVENUE FROM B-2, SUBREGIONAL BUSINESS DISTRICT TO B-P, BUSINESS PARK DISTRICT

N.6.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE PUEBLO REGIONAL BUILDING DEPARTMENT, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE CONSTRUCTION OF A LOCAL GOVERNMENTAL “ONE STOP SHOP” TO BE LOCATED ON THE FIRST FLOOR OF 201 WEST 8TH STREET IN DOWNTOWN PUEBLO

N.7.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND FLOCK GROUP, INC., A DELAWARE CORPORATION RELATING TO THE USE OF VIDEO DATA FROM A SECURITY CAMERA TO BE INSTALLED ON BRIDLE TRAIL BY THE EL CAMINO HOMEOWNERS ORGANIZATION, A COLORADO NONPROFIT CORPORATION

N.8.

AN ORDINANCE AMENDING THE FISCAL YEAR 2021 STAFFING ORDINANCE BY ADDING A POSITION FOR TRAINING PURPOSES WITHIN THE LAW DEPARTMENT

Documents:
  1. Ordinance_N-8.pdf
N.9.

AN ORDINANCE AMENDING SECTION 2 OF CHAPTER 5 OF TITLE II OF THE PUEBLO MUNICIPAL CODE TO PROVIDE THAT THE PUEBLO ENERGY ADVISORY COMMISSION SHALL ELECT ITS CHAIRMAN AND OTHER OFFICERS

Documents:
  1. Ordinance_N-9.pdf
O.

APPROVAL OF CONSENT AGENDA

O.1.

I move to approve all Resolutions Set Forth in the Consent Agenda; Pass the Ordinances of the Consent Agenda, Setting the Public Hearings for Monday, June 28, 2021, and Order the Ordinances to be published BY TITLE.

P.

REGULAR AGENDA

Q.

RESOLUTIONS

Q.1.

A RESOLUTION CHANGING THE NAME OF THE PARK CURRENTLY KNOWN AS MINNEQUA PARK AKA BESSEMER PARK TO “RAY AGUILERA PARK” AND CHANGING THE NAME OF THE AQUATIC FACILITY CURRENTLY KNOWN AS BESSEMER PARK POOL AKA MINNEQUA PARK POOL TO “RAY AGUILERA PARK POOL”

Q.2.

A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2021 GENERAL FUND BUDGET TO THE HARP FOUNDATION IN THE AMOUNT OF $9,000 TO SUPPORT THE ROLLIN’ ON THE RIVERWALK 4th OF JULY EVENT

Q.3.

A RESOLUTION IN SUPPORT OF AN APPLICATION FOR A SPECIAL USE PERMIT FOR A GROUP CARE FACILITY (ZBA CASE NO. 21-15) TO BE LOCATED AT 1725 W. PUEBLO BOULEVARD, PUEBLO, CO 81004 AND URGING THE ZONING BOARD OF APPEALS TO APPROVE SAID APPLICATION

R.

ORDINANCES – FINAL PRESENTATION

R.1.

AN ORDINANCE APPROVING AN AGREEMENT TO BUY AND SELL REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND CORTEZ CONSTRUCTION CO., A COLORADO CORPORATION, RELATING TO RFP 19-039R, SALE OF PROPERTY AT 1723 EDEN AVENUE, PUEBLO, COLORADO, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

R.2.

AN ORDINANCE APPROVING AN AGREEMENT TO BUY AND SELL REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND JAY FURNEY RELATING TO RFP 21-036, SALE OF PROPERTY IN THE ADEE, CHAMBERLIN, AND WILEY SUBDIVISION, 2ND FILING AND AUTHORIZING THE MAYOR TO EXECUTE SAME

R.3.

AN ORDINANCE AMENDING SECTION 11-1-210 OF CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO INCLUDE NEW PROCEDURES FOR ADDRESSING NUISANCE VEHICLES

Documents:
  1. Ordinance_9946.pdf
R.4.

AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE MUNICIPAL GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2021, A QUESTION ESTABLISHING AN ADDITIONAL ONE-HALF PERCENT (.5%) SALES AND USE TAX RATE FOR STREETS, ROADS AND BRIDGES AND THE ADOPTION OF ORDINANCE NO. 9949 TO IMPLEMENT THE TAX

Continued to June 28, 2021 meeting

Documents:
  1. Ordinance_R-4.pdf
S.

EMERGENCY ORDINANCES

S.1.

AN EMERGENCY ORDINANCE ESTABLISHING PROJECT NO. CI2114 – FIRE STATION LAND PURCHASE PROJECT AND TRANSFERRING ONE HUNDRED THOUSAND DOLLARS ($100,000) FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO PROJECT NO. CI2114 FOR PURPOSES OF PURCHASING UNIMPROVED LAND LOCATED ON E. 4TH STREET FOR A NEW FIRE STATION

Documents:
  1. Ordinance_9947.pdf
S.2.

AN EMERGENCY ORDINANCE ACCEPTING THE ASSIGNMENT OF A CONTRACT TO BUY AND SELL REAL ESTATE FROM GREGORY L. HAHN, FOR PURPOSES OF PURCHASING CERTAIN UNIMPROVED LAND LOCATED ON E. 4TH STREET (WITH THE LEGAL DESCRIPTION OF LOT 3, BLOCK 3, TRINITY SUBDIVISION) FOR A NEW FIRE STATION AND AUTHORIZING THE MAYOR TO EXECUTE AN ACCEPTANCE OF SAID ASSIGNMENT

S.3.

AN EMERGENCY ORDINANCE ACCEPTING THE ASSIGNMENT OF A CONTRACT TO BUY AND SELL REAL ESTATE FROM GREGORY L. HAHN, FOR PURPOSES OF PURCHASING CERTAIN UNIMPROVED LAND LOCATED ON E. 4TH STREET (WITH THE LEGAL DESCRIPTION OF LOT 4, BLOCK 3, TRINITY SUBDIVISION) FOR A NEW FIRE STATION AND AUTHORIZING THE MAYOR TO EXECUTE AN ACCEPTANCE OF SAID ASSIGNMENT

T.

COUNCIL MEMBER CONFLICT OF INTEREST

Councilman Schilling will ask to be excused from the meeting due to a conflict of interest with agenda item number T-1.
T.1.

AN ORDINANCE APPROVING AND ADOPTING THE CITY OF PUEBLO'S FIVE-YEAR 2020-2024 CONSOLIDATED PLAN AND THE 2020 ANNUAL ACTION PLAN, WHICH ESTABLISH THE NEEDS AND PRIORITIES OF THE CITY AND PROVIDE STRATEGIES TO MEET THOSE NEEDS, AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND AUTHORIZING THE MAYOR TO SUBMIT THE APPLICATION TOGETHER WITH ALL REQUIRED AND NECESSARY CERTIFICATIONS, ASSURANCES, AND DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

ADJOURN