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REGULAR CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS - CITY HALL
#1 CITY HALL PLACE
MONDAY, June 27, 2022  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 Heather Graham

B.

INVOCATION: Pastor Micah Aragon, Pueblo Christian Center

C.

PLEDGE OF ALLEGIANCE

D.

ROLL CALL

E.

SPECIAL RECOGNITIONS

E.1.

Certificate of Achievement: “Government Finance Officers Association Excellence in Financial Reporting Award” City of Pueblo Finance Department

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, June 13, 2022 as distributed.

Documents:
  1. 06-13Minutes.pdf
K.

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.
L.

COMMUNICATIONS

M.

RESOLUTIONS

M.1.

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $119,381.16 TO MERRIMAN LAND WORKS DBA FLAT AND FANCY AND SETTING FORTH $15,000 FOR CONTINGENCIES, FOR PROJECT NO. 22-045 MISCELLANEOUS CONCRETE REPAIRS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.2.

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $81,710 TO ALPINE ROOFING, LTD. AND SETTING FORTH $13,290 FOR CONTINGENCIES, FOR PROJECT NO. 22-049 PUEBLO ART GUILD MUSEUM ROOF AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.3.

A RESOLUTION AWARDING AN AGREEMENT FOR PROFESSIONAL SERVICES IN THE AMOUNT OF $225,158 TO DUNAKILLY MANAGEMENT GROUP CORP, A COLORADO CORPORATION, FOR PROJECT REPRESENTATION, DESIGN REVIEW SUPPORT, AND CONSTRUCTION INSPECTION SERVICES FOR NEW FIRE STATIONS 6, 8, AND 11 PROJECT NO. CI2205 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.4.

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $227,017 TO DESCO ACQUISITION LLC. DBA BLACKEAGLE ENERGY SERVICES AND SETTING FORTH $22,701 FOR CONTINGENCIES, FOR PROJECT NO. 22-029 (WWAN04) FY2022 WATER RECLAMATION FACILITY EQUIPMENT UPGRADE PROJECT AT THE JAMES R. DIIORIO WATER RECLAMATION FACILITY AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.5.

A RESOLUTION APPROVING AGREEMENTS FOR PROFESSIONAL MECHANICAL, ELECTRICAL, AND PLUMBING (MEP) ENGINEERING SERVICE PROJECTS BETWEEN PUEBLO, A MUNICIPAL CORPORTATION, AND BCER ENGINEERING, INC., PLANT ENGINEERING CONSULTANTS, AND BRIDGERS AND PAXTON, FOR PROJECT NO. 22-013 MEP ENGINEERING CONSULTING SERVICES FOR CITY FACILITIES AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.6.

A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE HARP FOUNDATION FOR THE USE OF ALAN HAMEL AVENUE FROM SOUTH UNION AVENUE TO SANTA FE DRIVE AND MAIN STREET FROM D STREET TO CITY CENTER DRIVE, ON JULY 4, 2022, TO HOST THEIR 4TH OF JULY FIREWORKS CELEBRATION

M.7.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF PATRICK AVALOS TO THE PLANNING AND ZONING COMMISSION

M.8.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF YVONNE LUJAN-SLAK TO THE ZONING BOARD OF APPEALS

M.9.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF SUSAN MCCARTHY TO THE HISTORIC PRESERVATION COMMISSION

M.10.

A RESOLUTION APPROVING AMENDMENT #1 TO THE AGREEMENT FOR PROFESSIONAL DESIGN CONSULTING SERVICES IN THE AMOUNT OF $680,890.75 BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND BOHANNAN HUSTON, INC. RELATING TO THE FINAL DESIGN AND CONSTRUCTION DOCUMENTS FOR THE UNION AND MAIN STREETSCAPE PROJECT AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

N.

ORDINANCES – FIRST PRESENTATION

N.1.

AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO DEVELOPMENT FOUNDATION, A COLORADO NONPROFIT CORPORATION, RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND TRANSFERRING EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS ($8,500,000) FROM THE 1992-2026 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND FOR PURPOSES THEREOF

N.2.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE BOARD OF WATER WORKS OF PUEBLO, COLORADO, AS AUTHORIZED BY SECTION 603 OF THE AMERICAN RESCUE PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($127,500.00) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF

N.3.

AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND IN THE AMOUNT OF $15,000 TO COUNCIL CONTINGENCIES TO REIMBURSE PAYMENT TO GOODNIGHT BARN FOUNDATION

Documents:
  1. Ordinance_N-3.pdf
N.4.

AN ORDINANCE APPROVING AND ADOPTING THE CITY OF PUEBLO'S 2022-2023 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND THE HOME INVESTMENT PARTNERSHIP ACT GRANT (HOME), AUTHORIZING THE MAYOR OF THE CITY OF PUEBLO TO SUBMIT THE APPLICATION TOGETHER WITH ALL REQUIRED AND NECESSARY CERTIFICATIONS, ASSURANCES, AND DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND APPROPRIATING AND BUDGETING CDBG AND HOME FUNDS THEREFORE

N.5.

AN ORDINANCE AUTHORIZING ASSIGNMENT OF A PRIVATE ACTIVITY BOND ALLOCATION FROM THE CITY OF PUEBLO TO THE COLORADO HOUSING AND FINANCE AUTHORITY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT

N.6.

AN ORDINANCE APPROVING AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT AND RELATED DOCUMENTS BETWEEN CRAWFORD TOWNHOMES, LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP, THE HOUSING AUTHORITY OF THE CITY OF PUEBLO, A PUBLIC BODY CORPORATE AND POLITIC, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.7.

AN ORDINANCE AMENDING THE FISCAL YEAR 2022 STAFFING ORDINANCE BY ADDING ONE (1) FULL-TIME POSITION ENTITLED FOOD PROJECT COORDINATOR TO THE AUTHORIZED STAFFING OF THE MAYOR’S OFFICE

Documents:
  1. Ordinance_N-7.pdf
N.8.

AN ORDINANCE AMENDING 17-4-7 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO LANDSCAPE PERFORMANCE STANDARDS

N.9.

AN ORDINANCE AMENDING SECTIONS 6 AND 15 OF CHAPTER 10 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO HIGH RISE SIGN DISTRICT NUMBER 3

N.10.

AN ORDINANCE APPROVING A FIXED BASE OPERATOR GROUND LEASE AND OPERATING AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND FREEMAN HOLDINGS OF COLORADO, LLC, A LIMITED LIABLITY CORPORATION, RESCINDING ALL PREVIOUS AGREEMENTS WITH ROCKY MOUNTAIN FBO, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.11.

AN ORDINANCE APPROVING AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ROCKY MOUNTAIN S.E.R./JOBS FOR PROGRESS, INC., REGARDING THE PUEBLO FOOD PROJECT’S ENTREPRENEUR START-UP PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

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, July 11, 2022, and Order the Ordinances to be published BY TITLE.

P.

REGULAR AGENDA

Q.

RESOLUTIONS

Q.1.

A RESOLUTION AWARDING AN AGREEMENT FOR PROFESSIONAL DESIGN SERVICES IN THE AMOUNT OF $1,209,246 TO ALLRED AND ASSOCIATES, A COLORADO CORPORATION, FOR DESIGN AND ENGINEERING OF NEW FIRE STATIONS 6, 8, AND 11 PROJECT NO. CI2205 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

Removed from Agenda

Q.2.

A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2022 GENERAL FUND BUDGET TO THE PUEBLO SYMPHONY ASSOCIATION IN THE AMOUNT OF $294.32 TO SUPPORT THE 2022 SEASON OF THE PUEBLO SYMPHONY ORCHESTRA

R.

EMERGENCY ORDINANCES

R.1.

AN EMERGENCY ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND FRIDAY HEALTH PLANS MANAGEMENT SERVICES COMPANY, INC., A COLORADO CORPORATION, FOR SUITE 300, 317 NORTH MAIN STREET, PUEBLO, CO 81003 AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE AND RATIFYING THE MAYOR’S PRIOR SIGNATURE THERETO

S.

ORDINANCES – FINAL PRESENTATION

S.1.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND NEIGHBORWORKS SOUTHERN COLORADO, INC., A COLORADO NONPROFIT CORPORATION FOR THE FORECLOSURE PREVENTION PROGRAM, AS AUTHORIZED BY SECTION 603 (c)(1)(A) OF THE AMERICAN RESCUE PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6 AND AUTHORIZING THE PAYMENT OF TWENTY THOUSAND DOLLARS ($20,000) FROM PROJECT NO. CI-2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF

S.2.

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF OPERATING ARP GRANT APRIL 26, 2022, RELATING TO AWARD NO. CO-2022-013-00 BETWEEN THE CITY OF PUEBLO AND THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, IN THE AMOUNT OF $307,724; BUDGETING AND APPROPRIATING $75,000 INTO PROJECT PT2201, BUDGETING AND APPROPRIATING $102,724 INTO PROJECT PT2202, AND BUDGETING AND APPROPRIATING $130,000 INTO PROJECT PT2203

S.3.

AN ORDINANCE APPROVING AND ACCEPTING ADDITIONAL FUNDS FROM THE COLORADO STATE FOREST SERVICE IN THE AMOUNT OF $7,272.52 PURSUANT TO THE TEAMING UP FOR TREES GRANT, AND BUDGETING AND APPROPRIATING SAID FUNDS TO PROJECT NO. PL1903

S.4.

AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND PUEBLO COUNTY RELATING TO THE USE OF 2016 BALLOT QUESTION 1A CAPITAL IMPROVEMENT PROGRAM, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $680,890.75 AND AUTHORIZING THE MAYOR TO EXECUTE SAME

S.5.

AN ORDINANCE TRANSFERRING $270,000 FROM THE 2022 UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO PROJECT CI2205 FIRE STATION 6, 8, AND 11, AND BUDGETING AND APPROPRIATING $270,000 FOR SAID PROJECT

Documents:
  1. Ordinance_10202.pdf
S.6.

AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 179.38-ACRES OF THE WILDHORSE CROSSING ANNEXATION SITE FROM COUNTY A-1 TO CITY A-1, AGRICULTURAL ONE

S.7.

AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, BY AND THROUGH THE DIVISION OF WORKERS’ COMPENSATION, FOR THE RENTAL OF COURTROOM NO. 2 IN PUEBLO MUNICIPAL COURT

S.8.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE (1) A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AS SELLER, AND INHABX, LLC, A COLORADO LIMITED LIABILITY COMPANY, AS BUYER, AND (2) A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AS BUYER, AND INHABX, LLC, A COLORADO LIMITED LIABILITY COMPANY, AS SELLER, RELATING TO RFP 22-017 FOR THE SALE OF PROPERTY LOCATED IN “THE BLUFFS” SECTION OF “THE BLOCKS”

S.9.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND BLUFFS OPPORTUNITY ZONE BUSINESS, LLC, A COLORADO LIMITED LIABILITY COMPANY, FOR THE SALE OF PROPERTY LOCATED IN THE DELAVAN PLACE SUBDIVISION OF THE COUNTY OF PUEBLO, STATE OF COLORADO

S.10.

AN ORDINANCE AMENDING SECTION 3-2-2 OF CHAPTER 2, OF TITLE III OF THE PUEBLO MUNICIPAL CODE RELATING TO THE POWERS AND DUTIES OF THE FIRE CHIEF

Documents:
  1. Ordinance_10207.pdf
S.11.

AN ORDINANCE AMENDING THE FISCAL YEAR 2022 STAFFING ORDINANCE BY ADDING FIVE (5) FULL-TIME POSITIONS TO THE AUTHORIZED STAFFING FOR THE PURPOSE OF SUPPORTING COMMUNITY DEVELOPMENT ACTIVITIES

Documents:
  1. Ordinance_10208.pdf
S.12.

AN ORDINANCE AMENDING SECTION 6-5-16 OF CHAPTER 5, OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE FY 2022 CLASSIFICATION AND PAY PLAN BY ESTABLISHING THE PAY SCALE FOR CIVIL ENGINEER TRANSPORTATION

Documents:
  1. Ordinance_10209.pdf
S.13.

AN ORDINANCE AMENDING SECTION 6-5-16 OF CHAPTER 5, OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE FY 2022 CLASSIFICATION AND PAY PLAN BY ESTABLISHING THE PAY SCALE FOR DEPUTY DIRECTOR PUBLIC WORKS

Documents:
  1. Ordinance_10210.pdf
T.

COUNCIL MEMBER CONFLICT OF INTEREST

Councilmember Vicente Martinez Ortega will ask to be excused from the meeting due to a conflict of interest with agenda item number T-1 and Councilmember Heather Graham will ask to be excused from the meeting due to a conflict of interest with agenda item number T-2

T.1.

AN ORDINANCE AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537

T.2.

AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES COMMENCING JANUARY 1, 2023, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

U.

EXECUTIVE SESSION

U.1.

Motion to Convene into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e); and the following additional details are provided for identification purposes: To instruct negotiators regarding economic development projects and issues presented by the Pueblo Economic Development Corporation, acting as agent for the City of Pueblo.

ADJOURN