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REGULAR CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS - CITY HALL
#1 CITY HALL PLACE
MONDAY, August 12, 2019  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 Dennis E. Flores

B.

INVOCATION: Pastor Steve Cornella, Pueblo Christian Center

C.

PLEDGE OF ALLEGIANCE

D.

ROLL CALL

E.

SPECIAL RECOGNITIONS

E.1.

Certificate of Recognition: 2019 State Fair Fiesta Queen and Court - Queen Isabel Belarde, First Attendant Tori Ortiz, Second Attendant Gladyss Ruelas and Third Attendant Deja Marquez

E.2.

Proclamation: Pueblo LGBTQ Pride Day, - August 18, 2019

E.3.

Special Recognition: Judge Carla Sikes, “2019 Municipal Court Boot Camp”

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, July 22, 2019 as distributed.
Documents:
  1. 07-22Minutes.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 AUTHORIZING THE CITY OF PUEBLO TO APPLY FOR A 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG), AND APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF FUNDS FROM SAID GRANT AND AUTHORIZING THE MAYOR TO EXECUTE SAME

M.2.

A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR THE HEARING ON ANY OBJECTIONS TO AN ABATEMENT ASSESSMENT AS SEPTEMBER 17, 2019 AT 9:00 A.M. IN CITY COUNCIL CHAMBERS AND DIRECTING THE MAYOR TO APPOINT A HEARINGS OFFICER

M.3.

A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO RAY’S TRUCK PLAZA FOR THE USE OF THE 29TH STREET RIGHT-OF-WAY TO KEEP AND MAINTAIN AN EXISTING FENCE

M.4.

A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO IRON PHOENIX CORPORATION FOR THE USE OF THE GRUMA DRIVE RIGHT-OF-WAY FOR INSTALLATION OF MISSION FOODS SIGN

M.5.

A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE COLORADO STATE FAIR, FOR USE OF THE SMALL AVENUE RIGHT-OF-WAY, BETWEEN EUCLID AVENUE AND SCRANTON AVENUE, TO ALLOW FOR PARKING SCHOOL BAND BUSES AND EQUIPMENT VEHICLES

M.6.

A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE STATE FAIR FIESTA COMMITTEE FOR THE USE OF NORTHERN AVENUE RIGHT-OF-WAY, FROM ELM STREET TO ORMAN AVENUE, TO INSTALL BANNERS ON LIGHT POLES OWNED BY BLACK HILLS ENERGY

M.7.

A RESOLUTION AUTHORIZING THE ISSUANCE OF REVOCABLE PERMITS TO YMCA OF PUEBLO FOR THE USE OF SPAULDING AVENUE, PARKER BOULEVARD, AND 31ST STREET, ON SEPTEMBER 7, 2019, AND SEPTEMBER 12, 2019, TO HOLD THE 2019 COPORATE CUP 5K AND ONE MILE EVENT

M.8.

A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS EVRAZ ANNEXATION NO. 3 AND DESCRIBED AS LAND LOCATED WEST OF CANAL STREET AND SOUTHEAST OF THE EVRAZ ANNEXATION IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31-12-107 (1), SETTING THE DATE OF A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF C.R.S. §31-12-104 AND 105, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION

M.9.

A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS EVRAZ ANNEXATION NO. 4 AND DESCRIBED AS LAND LOCATED SOUTH AND EAST OF THE EVRAZ ANNEXATION IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31-12-107 (1), SETTING THE DATE OF A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF C.R.S. §31-12-104 AND 105, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION

M.10.

A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS EVRAZ ANNEXATION NO. 5 AND DESCRIBED AS LAND LOCATED EAST AND WEST OF THE EVRAZ ANNEXATION IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31-12-107 (1), SETTING THE DATE OF A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF C.R.S. §31-12-104 AND 105, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION

M.11.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF MEMBERS TO THE PUEBLO ANIMAL SHELTER COMMUNITY LIAISON AND COMPLIANCE COMMITTEE

M.12.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF A MEMBER TO THE PUEBLO HUMAN RELATIONS COMMISSION – CITY APPOINTMENT

M.13.

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

M.14.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF A MEMBER TO THE ZONING BOARD OF APPEALS

M.15.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF A MEMBER TO THE RETAIL AND MEDICAL MARIJUANA LICENSING AUTHORITY

M.16.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF A MEMBER TO THE PUEBLO LIQUOR AND BEER LICENSING BOARD

M.17.

A RESOLUTION CONFIRMING THE APPOINTMENT BY THE MAYOR OF MEMBERS TO THE HONOR FARM ENTERPRISE CITIZENS ADVISORY BOARD

N.

ORDINANCES – FIRST PRESENTATION

N.1.

AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT AND A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THAR EXTRACTS CO LLC, A COLORADO LIMITED LIABILITY COMPANY, RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS AND TRANSFERRING FOUR HUNDRED FIVE THOUSAND DOLLARS ($405,000.00) FROM THE 1992-2021 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND FOR SAID PROJECT

N.2.

AN ORDINANCE APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE AND AN ADDENDUM THERETO BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND CYRUS INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY RELATING TO THE SALE OF 101 WEST RIVERWALK, UNIT 1A AND UNIT 1B AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AND ADDENDUM AND RATIFYING HIS PRIOR SIGNATURES THERETO

N.3.

AN ORDINANCE APPROVING AND ACCEPTING FEDERAL AVIATION ADMINISTRATION AIP GRANT AGREEMENT NO. 3-08-0046-038-2019 FOR FUNDS IN THE AMOUNT OF $3,749,845 TO CONSTRUCT A WILDLIFE PERIMETER FENCE AT THE PUEBLO MEMORIAL AIRPORT, BUDGETING AND APPROPRIATING $3,749,845 TO PROJECT NO. AP1902, INCREASING THE TOTAL AMOUNT IN THE WILDLIFE PERIMETER FENCE PROJECT NO. AP1902 TO $4,138,858, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.4.

AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., AN ARIZONA CORPORATION, TO PROVIDE ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES IN THE AMOUNT OF $334,897 FOR THE WILDLIFE PERIMETER FENCE PROJECT NO. AP1902 AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.5.

AN ORDINANCE AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $3,132,691.75 TO KIRKLAND CONSTRUCTION, LLLP, FOR SCHEDULE 1 OF PROJECT NO. 19-024 (AP1902) WILDLIFE PERIMETER FENCE PROJECT AT THE PUEBLO MEMORIAL AIRPORT, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME

N.6.

AN ORDINANCE TRANSFERRING FUNDS IN THE AMOUNT OF $82,013 FROM THE WILDLIFE PERIMETER FENCE PROJECT AP1902 TO THE GENERAL FUND

Documents:
  1. Ordinance_N-6.pdf
N.7.

AN ORDINANCE APPROVING AND ACCEPTING FEDERAL AVIATION ADMINISTRATION AIP GRANT AGREEMENT NO. 3-08-0046-037-2019 FOR FUNDS IN THE AMOUNT OF $532,741 FOR A PUEBLO MEMORIAL AIRPORT MASTER PLAN, ESTABLISHING THE AIRPORT MASTER PLAN PROJECT NO. AP1901, BUDGETING AND APPROPRIATING $546,761 TO PROJECT NO. AP1901, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.8.

AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND MEAD & HUNT, INC., A WISCONSIN CORPORATION, TO PROVIDE PROFESSIONAL SERVICES IN THE AMOUNT OF $550,780 FOR THE AIRPORT MASTER PLAN PROJECT NO. AP1901 AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.9.

AN ORDINANCE APPROVING AND ACCEPTING GRANT FUNDS FROM COLORADO AUTO THEFT PREVENTION AUTHORITY (CATPA), ESTABLISHING PROJECT NO. PS1906, BUDGETING AND APPROPRIATING FUNDS TO PROJECT NUMBER PS1906

N.10.

AN ORDINANCE ESTABLISHING PROJECT NO. CI1910, BUDGETING AND APPROPRIATING $162,500 FROM THE GENERAL FUND BALANCE TO PROJECT NO. CI1910, BUDGETING AND APPROPRIATING $62,500 FROM THE DEPARTMENT OF HOUSING AND CITIZEN SERVICES’ HOME MATCH ACCOUNT HO1860 TO PROJECT NO. CI1910, AND APPROVING AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE PUEBLO RESCUE MISSION, A NON-PROFIT CORPORATION, FOR THE REHABILITATION OF THE HOMELESS SHELTER LOCATED AT 728 WEST 4TH STREET AND OPERATIONAL FUNDS FOR SHELTER SERVICES

N.11.

AN ORDINANCE APPROVING A SOLAR LEASE AND EASEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND GRID ALTERNATIVES COLORADO, INC., A DELAWARE NONPROFIT CORPORATION, RELATING TO THE LEASE OF UNIMPROVED LAND FOR THE DEVELOPMENT OF A COMMUNITY SOLAR GARDEN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT

N.12.

AN ORDINANCE APPROVING A THIRD AMENDMENT TO THE PRE-OPENING SERVICES AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND GLOBAL SPECTRUM, L.P. D/B/A/ SPECTRA VENUE MANAGEMENT, A DELAWARE LIMITED PARTNERSHIP RELATING TO THE MANAGEMENT AND OPERATION OF MEMORIAL HALL AND AUTHORIZING THE MAYOR TO EXECUTE SAID THIRD AMENDMENT

N.13.

AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE NORTH VISTA ENCLAVE ANNEXATION NO. 1 CONTAINING 0.872 ACRES TO THE CITY OF PUEBLO, COLORADO

N.14.

AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE NORTH VISTA ENCLAVE ANNEXATION NO. 2 CONTAINING 0.577 ACRES TO THE CITY OF PUEBLO, COLORADO

N.15.

AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE NORTH VISTA ENCLAVE ANNEXATION NO. 3 CONTAINING 4.854 ACRES TO THE CITY OF PUEBLO, COLORADO

N.16.

AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE NORTH VISTA ENCLAVE ANNEXATION NO. 4 CONTAINING 4.854 ACRES TO THE CITY OF PUEBLO, COLORADO

N.17.

AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE NORTH VISTA ENCLAVE ANNEXATION NO. 5 CONTAINING 0.630 ACRES TO THE CITY OF PUEBLO, COLORADO

N.18.

AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE NORTH VISTA ENCLAVE ANNEXATION NO. 6 CONTAINING 4.443 ACRES TO THE CITY OF PUEBLO, COLORADO

N.19.

AN ORDINANCE APPROVING THE TRE SOUTHGATE AT PUEBLO SUBDIVISION PLAT

N.20.

AN ORDINANCE AMENDING CHAPTERS 2, 4 AND 10 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE ZONING CODE

N.21.

AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 3 RELATING TO INJURY LEAVE AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.22.

AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND HUB INTERNATIONAL INSURANCE SERVICES, INC., RELATING TO PROFESSIONAL BROKERAGE AND BENEFIT MANAGEMENT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.23.

AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOOD OF POLICE OFFICERS LOCAL 537 RELATING TO TERMS AND CONDITIONS OF EMPLOYMENT IF THE CITY ELECTS TO PROVIDE A SELF-FUNDED HEALTH BENEFIT PLAN IN CALENDAR YEAR 2020 AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.24.

AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL #3 RELATING TO TERMS AND CONDITIONS OF EMPLOYMENT IF THE CITY ELECTS TO PROVIDE A SELF-FUNDED HEALTH BENEFIT PLAN IN CALENDAR YEAR 2020 AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.25.

AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES RELATING TO TERMS AND CONDITIONS OF EMPLOYMENT IF THE CITY ELECTS TO PROVIDE A SELF-FUNDED HEALTH BENEFIT PLAN IN CALENDAR YEAR 2020 AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.26.

AN ORDINANCE AMENDING SECTION 6-7-1 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO EMPLOYEE MEDICAL BENEFITS AND PROVIDING FOR A SELF-FUNDED HEALTH BENEFIT PLAN

Documents:
  1. Ordinance_N-26.pdf
N.27.

AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 COMMENCING JANUARY 1, 2020 AND AUTHORIZING THE MAYOR TO EXECUTE SAME

N.28.

AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COUNTY OF PUEBLO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, RELATING TO THE 2019 GENERAL MUNICIPAL ELECTION

N.29.

AN ORDINANCE AMENDING CHAPTER 11 OF TITLE XII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE MONTHLY STREET REPAIR UTILITY SERVICE CHARGES FOR THE PUEBLO STREET REPAIR UTILITY ENTERPRISE

Documents:
  1. Ordinance_N-29.pdf
O.

APPROVAL OF CONSENT AGENDA

P.

REGULAR AGENDA

Q.

RESOLUTIONS

Q.1.

A RESOLUTION IN SUPPORT OF THE BALLOT MEASURE TO CONTINUE THE PUEBLO CITY-COUNTY LIBRARY DISTRICT’S MILL LEVY TO BE DECIDED BY THE ELIGIBLE ELECTORS OF PUEBLO COUNTY AT THE ELECTION TO BE HELD ON NOVEMBER 5, 2019

Q.2.

A RESOLUTION CONFIRMING THE APPOINTMENT OF BARBARA HUBER TO THE POSITION OF FIRE CHIEF

Q.3.

A RESOLUTION CONFIRMING THE APPOINTMENT OF SEAN A. TAPIA TO THE POSITION OF DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT

Tabled
R.

ORDINANCES – FINAL PRESENTATION

R.1.

AN ORDINANACE APPROVING AND ACCEPTING A COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) “HIGH VISIBILITY ENFORCEMENT” GRANT, FOR THE AMOUNT OF $20,000, JULY 2019 THROUGH JUNE 2020, ESTABLISHING PROJECT NUMBER PS1904, AND TRANSFERING $20,000 FROM PROJECTS-TO-BE-DETERMINED IN THE PUBLIC SAFETY GRANTS FUND TO PROJECT NUMBER PS1904

R.2.

AN ORDINANCE APPROVING AND ACCEPTING THE COLORADO GRAY & BLACK MARKET MARIJUANA ENFORCEMENT GRANT NO. 19025 AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NO. PS1905, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $276,838.77, AND AUTHORIZING THE MAYOR TO EXECUTE SAME

R.3.

AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO RELATING TO THE PROVISION BY CITY OF FIRE INSPECTION AND FIRE PROTECTION SERVICES WITH RESPECT TO THE COLORADO STATE FAIRGROUNDS

R.4.

AN ORDINANCE APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND PUEBLO COMMUNITY COLLEGE FOUNDATION RELATING TO ONE 1996 FIRE PUMPER

R.5.

AN ORDINANCE CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2019, DIRECTING THAT THE GENERAL MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, ADOPTING FOR USE AT THE GENERAL MUNICIPAL ELECTION THE REQUIREMENTS AND PROCEDURES OF THE UNIFORM ELECTION CODE OF 1992 EXCEPT TO THE EXTENT THE UNIFORM ELECTION CODE OF 1992 CONFLICTS WITH A SPECIFIC PROVISION OF THE CHARTER OF THE CITY OF PUEBLO, AND SUSPENDING FOR SUCH PURPOSES THE PUEBLO ELECTION CODE AND ALL ORDINANCES AND RESOLUTIONS OF THE CITY IN CONFLICT THEREWITH

ADJOURN