Cupola Logo 280

REGULAR CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS - CITY HALL
#1 CITY HALL PLACE
MONDAY, September 12, 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.

Proclamation Presentation: “Duchenne Awareness Day - September 7, 2022”, Amy McCoy

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, August 22, 2022 as distributed.

Documents:
  1. 08-22Minutes.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 RATIFYING AN EMERGENCY CONSTRUCTION CONTRACT IN THE AMOUNT OF $14,344.40 WITH PARKER EXCAVATION, INC. FOR EMERGENCY SANITARY SEWER POINT REPAIR AT 31 MACARTHUR PROJECT NO. 20-059 (WWAN03) AND APPROVING THE PURCHASING AGENT’S EXECUTION OF SAME

M.2.

A RESOLUTION AWARDING AN AGREEMENT FOR PROFESSIONAL SERVICES IN THE AMOUNT OF $5,000 TO JOSLYN RAFFERTY-CAMMER TO COMPLETE A FEASIBILITY STUDY ON A YOUTH LED CHICKEN COOP PROGRAM FOR THE PUEBLO FOOD PROJECT

M.3.

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $166,186 TO TOLIN MECHANICAL AND SETTING FORTH $13,814 FOR CONTINGENCIES, FOR PROJECT NO. 22-033 ICE ARENA COOLING TOWER REPLACEMENT AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.4.

A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO VESSEL BREWING COMPANY, LLC, DBA GOLD DUST SALOON FOR THE USE OF RIGHT-OF-WAY AT 217 SOUTH UNION AVENUE TO PARTICIPATE IN THE ANNUAL CHILE AND FRIJOLES FESTIVAL

M.5.

A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO SRDA FOR THE USE OF THE RIGHT-OF-WAY ADJACENT TO 230 NORTH UNION AVENUE TO PARTICIPATE IN THE ANNUAL CHILE AND FRIJOLES FESTIVAL

M.6.

A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., AN ARIZONA CORPORATION, DBA DIBBLE ENGINEERING, TO PROVIDE ENGINEERING SERVICES FOR IMPROVEMENTS AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

M.7.

A RESOLUTION MODIFYING A FEE SCHEDULE TO BE COLLECTED THROUGH CHARGEPOINT, INC., A DELAWARE CORPORATION, FOR PUBLIC USE OF CITY-OWNED ELECTRIC VEHICLE CHARGING STATIONS

M.8.

A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 10.74-ACRE AREA COMMONLY KNOWN AS DORCY COMMUNITY HOUSING ANNEXATION, 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.9.

A RESOLUTION APPROVING AND ADOPTING PUEBLO COUNTY’S EMERGENCY OPERATIONS PLAN (AUGUST 2022)

M.10.

A RESOLUTION RATIFYING PACOG’S JOINT APPOINTMENT OF PATRICK GRUBB TO THE PUEBLO REGIONAL BUILDING – MECHANICAL BOARD OF APPEALS

M.11.

A RESOLUTION RATIFYING PACOG’S APPOINTMENT OF SANDRA SHERRER TO THE COMMUNITY SERVICES ADVISORY COMMISSION (CSAC) – JOINT CITY-COUNTY APPOINTMENT

M.12.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF ALBERT HERRERA TO THE REGIONAL BUILDING COMMISSION

M.13.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF MICHAEL OCCHIATO, KEN SANCHEZ, AND JANET SCHRANER TO THE PUEBLO MEMORIAL AIRPORT ADVISORY COMMITTEE

M.14.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF DAVID LUCAS TO THE PUEBLO ENERGY ADVISORY COMMISSION

M.15.

A RESOLUTION APPOINTING THE CITY CLERK AS THE DESIGNATED ELECTION OFFICIAL FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 AND DIRECTING THE CITY CLERK TO CERTIFY THE CONTENT OF THE BALLOT FOR SAID ELECTION AND RATIFYING THE ACTIONS OF THE CITY CLERK IN CONNECTION THEREWITH

N.

ORDINANCES – FIRST PRESENTATION

N.1.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND ROSEMOUNT MUSEUM, A COLORADO NONPROFIT CORPORATION, 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 TEN THOUSAND DOLLARS ($10,000) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF

N.2.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE BESSEMER HISTORICAL SOCIETY D/B/A THE STEELWORKS CENTER OF THE WEST, A COLORADO NONPROFIT CORPORATION, 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 TEN THOUSAND DOLLARS ($10,000.00) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF

N.3.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND SOCOL RACING D/B/A SOUTHERN COLORADO YOUTH DEVELOPMENT. A COLORADO NONPROFIT CORPORATION, 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 FORTY THOUSAND TWO HUNDRED DOLLARS ($40,200.00) FROM PROJECT NO. CI2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF

N.4.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND FUEL AND IRON COMMERCIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY, 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 TWO HUNDRED NINETY-FOUR THOUSAND ONE HUNDRED TWENTY-ONE AND 51/100 DOLLARS ($294,121.51) FROM PROJECT NO. CI-2113 - AMERICAN RESCUE PLAN ACT, FOR PURPOSES THEREOF

N.5.

AN ORDINANCE APPROVING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $150,000 BETWEEN THE CITY OF PUEBLO AND BROWN AND CALDWELL, INC., FOR REGULATORY ASSISTANCE AND GENERAL ENGINEERING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.6.

AN ORDINANCE APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $20,000 FROM THE TRAILHEAD INSTITUTE FOR THE PUEBLO FOOD PROJECT, AUTHORIZING THE MAYOR TO SIGN THE GRANT AGREEMENT, CREATING PROJECT NO. CI2215, AND BUDGETING AND APPROPRIATING $20,000 TO PROJECT NO. CI2215

N.7.

AN ORDINANCE REZONING 14.1-ACRES GENERALLY LOCATED SOUTH OF OAKSHIRE LANE, NORTH OF 13TH STREET, AND WEST OF BEAUMONT AVENUE FROM R-2, SINGLE FAMILY RESIDENTIAL ZONE DISTRICT AND S-1, GOVERNMENTAL USE ZONE DISTRICT TO R-4, MIXED RESIDENTIAL ZONE DISTRICT

N.8.

AN ORDINANCE REZONING 215 EAST ORMAN AVENUE FROM S-1, GOVERNMENTAL USE ZONE DISTRICT TO CCN, COMMERCIAL CHARTER NEIGHBORHOOD AND RCN, RESIDENTIAL CHARTER NEIGHBORHOOD ZONE DISTRICTS

N.9.

AN ORDINANCE REZONING 1.52-ACRES OF LAND ALONG STATE HIGHWAY 96 AND WEST OF VICTORY LANE FROM B-3, HIGHWAY ARTERIAL BUSINESS ZONE DISTRICT TO S-1, GOVERNMENT USE ZONE DISTRICT

N.10.

AN ORDINANCE VACATING A 20-FOOT PUBLIC UTILITY EASEMENT BETWEEN PARCEL B, REARRANGEMENT OF BOUNDARY LINES AND LOT 4, BLOCK 3, TRINITY SUBDIVISION

N.11.

AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS, FILING NO. 5 SUBDIVISION

N.12.

AN ORDINANCE AMENDING THE FISCAL YEAR 2022 STAFFING ORDINANCE BY ADDING ONE (1) FULL-TIME STORMWATER ENGINEERING MANAGER POSITION TO THE AUTHORIZED STAFFING OF THE STORMWATER DEPARTMENT AS PART OF A REORGANIZATION

Documents:
  1. Ordinance_N-12.pdf
N.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 STORMWATER ENGINEERING MANAGER

Documents:
  1. Ordinance_N-13.pdf
N.14.

AN ORDINANCE DECLINING EMPLOYER PARTICIPATION IN THE PAID FAMILY AND MEDICAL LEAVE INSURANCE (FAMLI) PROGRAM AND ACT CREATED AND CODIFIED AT PART 5, ARTICLE 13.3, TITLE 8 OF THE COLORADO REVISED STATUTES

Documents:
  1. Ordinance_N-14.pdf
N.15.

AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND CLARITY TELECOM, LLC., DBA BLUEPEAK FIBER, A DELAWARE LIMITED LIABILITY COMPANY

N.16.

AN ORDINANCE APPROVING AND ACCEPTING A DEPARTMENT OF HOMELAND SECURITY GRANT AWARD NO. EMW-2021-FG-07073 AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NO. PS2210 FOR THE PURCHASE OF ONE AIR COMPRESSOR AND BUDGETING AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $45,599 WHICH INCLUDES A TEN PERCENT COST MATCH OF $4,145.37 FOR THE PURPOSES AUTHORIZED BY THE GRANT AGREEMENT

N.17.

AN ORDINANCE APPROVING A NON-DISCLOSURE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND COLORADO SPRINGS UTILITIES, AN ENTERPRISE OF THE CITY OF COLORADO SPRINGS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.18.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND INHABX, LLC, A COLORADO LIMITED LIABILITY COMPANY, RELATING TO TRAILHEAD ACCESS TO THE CITY OF PUEBLO’S TRAIL TO THE ARKANSAS RIVER

N.19.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT NO. 3 TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND NEW CF&I INC., A DELAWARE CORPORATION

N.20.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO A HANGAR LEASE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND LOCKHEED MARTIN CORPORATION, A MARYLAND CORPORATION, RELATING TO LAND AND A HANGAR BUILDING LOCATED AT THE PUEBLO MEMORIAL AIRPORT

N.21.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO SIGN A CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO DEVELOPMENT FOUNDATION, A COLORADO NONPROFIT CORPORATION, RELATING TO A CONSTRUCTION PROJECT AT 32501 WALT BASSETT AVENUE, PUEBLO, CO 81001

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, September 26, 2022, and Order the Ordinances to be published BY TITLE.

P.

REGULAR AGENDA

Q.

RESOLUTIONS

Q.1.

A RESOLUTION AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED $363,537 FROM PROJECT CI2113 - AMERICAN RESCUE PLAN ACT FOR TWO GOVERNMENTAL SERVICES PROJECTS AS AUTHORIZED BY SECTION 603(c)(1)(C) OF THE AMERICAN RESCUE PLAN ACT AND U.S. TREASURY FINAL RULE 31 CFR 35.6

Q.2.

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,540,988.36 TO MARTIN MARIETTA MATERIALS, INC., AND SETTING FORTH $154,098.84 FOR CONTINGENCIES, FOR PROJECT NO. 22-064 ASPHALT PAVING – PHASE 3 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

Q.3.

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,032,873.79 TO MARTIN MARIETTA MATERIALS, INC., AND SETTING FORTH $103,287.38 FOR CONTINGENCIES, FOR PROJECT NO. 22-079 ASPHALT PAVING – PHASE 4 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

Q.4.

A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2022 GENERAL FUND BUDGET TO LATINO CHAMBER DEVELOPMENT CORP IN THE AMOUNT OF $750 TO SUPPORT THE 15TH ANNUAL LIFETIME ACHIEVEMENT AWARD CEREMONY

Q.5.

A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2022 GENERAL FUND BUDGET TO THE PUEBLO CHAMBER IN THE AMOUNT OF $2,500 TO SUPPORT THE PUEBLO CHILE BALLOON FIESTA

Q.6.

A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2022 GENERAL FUND BUDGET TO THE SONG OF PUEBLO IN THE AMOUNT OF $3,000 TO SUPPORT THE SONG OF PUEBLO PERFORMANCE

Q.7.

A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2022 GENERAL FUND BUDGET TO THE PUEBLO DISTRICT 60 EDUCATION FOUNDATION IN THE AMOUNT OF $1,000 TO SUPPORT CORNHOLE AT THE DUTCH, A FUNDRAISER

R.

ORDINANCES – FINAL PRESENTATION

R.1.

AN ORDINANCE APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT OF $158,846.98 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AECOM, FOR CONSULTING ENGINEERING SERVICES WITH RESPECT TO THE WEST 29TH STREET DRAINAGE IMPROVEMENTS DESIGN AND AUTHORIZING THE MAYOR TO EXECUTE SAME

Continued from August 22, 2022 meeting

R.2.

AN ORDINANCE APPROVING A COOPERATION AGREEMENT WITH PUEBLO TRIPLE AIM CORPORATION AND AUTHORIZING THE MAYOR TO EXECUTE SAME, ESTABLISHING COMMUNITY OUTREACH PROGRAM PROJECT NO. PS2208 AND ACCEPTING, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $8,042.00, TO SAID PROJECT

R.3.

AN ORDINANCE ESTABLISHING 2023 PUEBLO RURAL TRANSPORTATION PLANNING PROJECT AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $7,400 FOR SAID PROJECT

R.4.

AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 1221 EAST ABRIENDO AVENUE FROM B-4, CENTRAL BUSINESS DISTRICT TO CCN, COMMERCIAL CHARTER NEIGHBORHOOD

R.5.

AN ORDINANCE VACATING TWO 20-FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED WITHIN BLOCKS 3, 4 AND 5, VILLA BELLA SUBDIVISION, FILING NO. 1 AND UNIMPROVED CBI DRIVE AND THE EASTERN PORTION OF UNIMPROVED NAPOLI WAY

R.6.

AN ORDINANCE CHANGING THE STREET NAME OF NAPOLI WAY TO MEDICI WAY

R.7.

AN ORDINANCE APPROVING THE VILLA BELLA FILING NO. 2 SUBDIVISION

R.8.

AN ORDINANCE APPROVING AND ACCEPTING A LEASE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO BULLS HOCKEY CLUB, INC., A COLORADO CORPORATION, FOR THE MANAGEMENT, OPERATION, AND PROMOTION OF THE PUEBLO ICE ARENA, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

ADJOURN