Pueblo City Council Regular Meeting – October 11, 2022

The Pueblo City Council held a regular meeting on October 11, 2022, starting at 7:16 PM. The meeting began with an invocation, pledge, and roll call. Public forum featured seven speakers addressing budget management, ARPA fund distribution, Indigenous Peoples' Day education, homelessness, trash, speeding, tree code, and skate park amenities. Council members responded with commentary on homelessness, trash, fountain creek maintenance, and the need for new ordinances. The agenda was approved with the removal of Resolution Q1 (ARPA neighborhood cleanup) and corresponding ordinances N11 and N12 pending further discussion. The consent agenda was approved unanimously. Under the regular agenda, several council contingency resolutions were approved. A resolution for a forensic audit failed 0-5 after the council determined no evidence of fraud. Ordinances for final presentation were approved, including ARPA grants to museums (some with 4-1 votes) and several for the Pueblo Food Project and traffic safety. The meeting adjourned at 9:11 PM.

Consent Calendar

• Approved all resolutions M1-M9 and ordinances N1-N14 (with N11 and N12 removed) as a block. Resolutions awarded construction contracts for water reclamation facilities, Arkansas River trail, sidewalks, approved property donation, Safe Routes to School grant, board appointment, and employee mentoring program. Ordinances passed on first reading included subrecipient agreements with arts and ministry organizations, grants for just transition planning, trail projects, subdivision improvements, monitoring for SARS-CoV-2, cooperation agreement for Arkansas Riverwalk extension, addition of a Trash Removal Coordinator position, acceptance of DOJ grant, and reimbursement agreements for task forces. Public hearings for final presentation of these ordinances were set for October 24, 2022.

Public Comments & Testimony

• Mr. Freeman expressed concerns about the city budget, use of half-cent sales tax reserves, lack of oversight on employment agreements, and alleged fraud and corruption in ARPA fund distribution. He also criticized the relationship between the city and certain nonprofit organizations and called for the council to have its own full-time staff and attorney to generate legislation independently.
• Denise Torres, a retired teacher, read passages from “Lies My Teacher Told Me About Christopher Columbus” to advocate for accurate representation of Native American history, highlighting the use of biased language such as “primitive” and “discover.”
• Brianna Rodriguez, a Chicana organizer, continued reading from the same book, criticizing the use of terms like “tribe” and “discover” and describing the violent consequences of Columbus’s arrival.
• Elvis Martinez raised issues about trash accumulation, homeless encampments near King Soopers with new tents and RVs, and requested cost information. He also noted missing tax dollars from areas annexed by Pueblo County and suggested that council members dress in costumes for the next meeting, proposing characters from “Where’s Waldo?”
• Jason Mann, a District 2 resident, reported excessive speeding on Fountain Avenue (up to 60 mph) near a skate park, endangering children. He also described a dangerous situation at the 7-Eleven on East 4th Street with dozens of homeless individuals, drug activity, and a threat he received. He urged action on both issues.
• Ladema Renfro advocated for a city tree code, citing problems with overgrown trees from a neighboring property that damaged her home. She noted that only Littleton has such a code in Colorado and offered to share information.
• Brian Rivera spoke in favor of more skate park amenities in Pueblo, specifically mentioning a proposed addition at Ragosa Park tennis courts, and suggested fundraising or donations to make it happen.

Discussion Items

• Forensic Audit Resolution (Q5): Councilor Winner requested a proposed agreement for a forensic audit. After the city audit firm reported no evidence of fraud or wrongdoing, council members Flores and Martinez argued it would be a waste of taxpayer funds. The resolution failed 0-5.
• Trash and Homelessness: During council commentary, members discussed ongoing cleanup efforts, including a citywide cleanup on October 29, a Fountain Creek cleanup October 17-21, and a work session with Waste Connections on October 17. Councilor Graham described visiting homeless camps, noting that many occupants are not from Pueblo. Councilor Meistry emphasized the need to clean up city-owned properties and criticized the current approach as not addressing the worst areas. Councilor Winter suggested that the city tolerates the situation and must enforce ordinances.
• Proposed No-Sit/No-Lie and Panhandling Ordinances: Councilor Winter requested that the city law department draft ordinances based on Durango’s model, which restricts camping on city property between 9 a.m. and 10 p.m. and prohibits panhandling in busy intersections. Law department had previously raised constitutional concerns but agreed to draft the ordinances for council consideration, acknowledging the possibility of veto and lawsuits.
• Pink Tax Exemption: Councilor Martinez proposed an ordinance to exempt menstrual products, diapers, and incontinence products from the city’s 3.7% sales tax, following a state law that exempts them from state sales tax starting January 2023. She requested staff to draft the ordinance for the next meeting.
• ARPA Neighborhood Cleanup (Q1): This resolution was removed from the agenda at Councilor Meistry’s request for further discussion in a work session, along with associated ordinances N11 (Trash Removal Coordinator position) and N12 (pay scale). They were deferred to the next meeting.

Key Outcomes

• The consent agenda was approved unanimously (5-0).
• Resolution Q2 (Parkview Medical Center sponsorship, $350) approved 5-0.
• Resolution Q3 (Pueblo Choral Society sponsorship, $5,000) approved 5-0.
• Resolution Q4 (El Movimiento Sigue sponsorship, $1,500) approved 5-0.
• Resolution Q5 (forensic audit) failed 0-5.
• Ordinances R1 (Pueblo Heritage Museum ARPA grant, $10,000) approved 4-1.
• Ordinance R2 (El Pueblo History Museum ARPA grant, $5,000) approved 4-1.
• Ordinance R3 (Pueblo Archaeological & Historical Society ARPA grant, $5,000) approved 4-1.
• Ordinances R4 (One Colorado grant, $44,000), R5 (CHFA grant, $20,000), R6 (Colorado Health Foundation grant, $400,000) for Pueblo Food Project all approved 5-0.
• Ordinance R7 (CDOT traffic safety grant, $75,000) approved 5-0.
• Ordinance R8 (Elmwood Golf Course restaurant lease amendment) approved 5-0.
• Ordinance R9 (PCC corporate college parking lot agreement) approved 5-0.
• Ordinance R10 (abatement assessment roll certification) approved 5-0.
• Ordinance R11 (transfer $15,000 to council contingencies for Goodnight Barn Foundation) approved 5-0.
• The Mayor’s Recommended Budget for FY2023 was received, with a public hearing set for October 24, 2022.
• The city law department will draft no-sit/no-lie and panhandling ordinances based on Durango’s model for future council consideration.
• Staff will draft a sales tax exemption ordinance for menstrual products, diapers, and incontinence products.
• Resolution Q1 and associated ordinances N11 and N12 were referred to a work session for further discussion.