Regular City Council Meeting - December 27, 2022
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Regular City Council Meeting - December 27, 2022
The Pueblo City Council met on Tuesday, December 27, 2022 at 7:03 PM at City Hall. The meeting included special recognition for Wastewater Utility Appreciation Day, public comments, council commentary, and action on numerous consent and regular agenda items, including resolutions, ordinances, and an emergency ordinance. All votes were unanimous except where noted.
Special Recognitions
- Proclamation: “Wastewater Utility Appreciation Day” – Mayor Gradisar proclaimed December 27, 2022 as Wastewater Utility Appreciation Day, recognizing the Pueblo Wastewater Department and James R. Diorio Water Reclamation Facility for providing wastewater samples to the state for COVID-19 disease monitoring.
Public Comments & Testimony
- Elvis Martinez spoke about alleged official misconduct by city council in prior meetings, claiming a political agenda was pushed in violation of nonpartisan oaths. He referenced Colorado Revised Statutes 18-8-404 and stated that first-degree official misconduct is a class 1 misdemeanor.
- Steve Vileos raised concerns about tire slashing in the Bessemer neighborhood and criticized the council’s handling of a previous abortion-related ordinance, voicing fear for a doctor’s safety and opposition to restrictions on reproductive care. He also criticized the mayor’s response to homelessness and trash issues, but praised positive efforts in Bessemer.
Discussion Items
Mayor and Council Commentary
- Mayor Gradisar reported that the city is under contract to purchase a property adjacent to the Pueblo Rescue Mission for $65,000 to establish a permanent warming shelter. He updated on the overflow warming shelter at the Pueblo Transit Center: 16 people on Dec. 22, 27 on Dec. 23, and 32 on Dec. 24. He also noted an emergency ordinance to provide an additional $50,400 in ARPA funds to Crazy Faith Street Ministry for shelter operations.
- Councilor Martinez Ortega reported on two town hall meetings for District 4 (20-25 and 30-35 attendees), highlighting concerns about trash, roads, and reproductive care access. He also congratulated the Rey Aguileta Christmas Extravaganza and RMSER for holiday giveaways.
- Councilor Martinez thanked Transit for the overflow shelter and the Humane Society of the Pikes Peak Region for sheltering pets of unhoused individuals.
- Councilor Tensio reported a community meeting on the East Side, requesting more lighting on Fourth Street and security cameras at Fourth and Glendale. He urged administration to explore citywide camera installations.
- Councilor Maestri defended council members who supported a prior abortion ordinance, stating they stood for life and safety. She noted that Odessa, Texas passed a similar ordinance after two and a half years of effort.
- Councilor Winter expressed shock and shame at how the previous abortion ordinance was handled by council.
Regular Agenda Items
- Q1 (Resolution – Pueblo Urban Renewal Authority Vendor Fee Budget) – Kevin Ortiz reported that the convention center had a record-breaking 2022 with gross revenues of approximately $2.4 million (previous best $1.65 million) and 3,745 room-night generating events. The budget for 2023 is aggressive, with $800,000 already booked. Discussion included the need for a downtown hotel to attract larger conventions.
- R1 (Runway Rehabilitation Design) – Approved amendment to engineering services agreement for runway 8R/26L design, funded by FAA ($49,807).
- R2 (Building Repairs Transfer) – Transferred $300,000 from Public Works operating funds to building repairs due to numerous emergent issues (roof, utility, HVAC). A facilities condition assessment is underway.
- R3 (Paratransit Buses) – City will assume a CDOT grant for three paratransit vehicles (no funds exchanged). Current fleet: 14; will increase to 17.
- R4 (Community Services Agreement Amendment) – Extended agreement with Pueblo County through 2023 for grant administration of $490,000 in CSAC funds.
- R5 (BearCat Project) – Transferred $300,000 to purchase a BearCat armored vehicle, replacing an MRAP whose use is now restricted by new federal rules. Police Chief noted the MRAP was deployed in 82% (2021) and 92% (2022) of SWAT activations (36 per year).
- R6 (Police Internship) – Approved internship for Katheryn Black from Western Illinois University.
- R7 (LESO Program Addendum) – Accepted new federal rules for use of excess military equipment (1033 program).
- R8 (Employment Agency Licensing) – Updated code to remove gender-discriminatory language.
- R9 (Carryout Bag Fee Ordinance) – Imposed a 10-cent fee per bag (plastic or recycled paper) starting Jan. 1, 2023, per state law. 60% remitted to city, 40% retained by retailer. Exemptions for small stores (≤3 locations), farmers markets, and restaurants. Discussion included enforcement and education.
- R10 (Sales Tax Exclusion for Bag Fee) – Amended sales tax code to exclude the bag fee from purchase price. Passed 6-1.
- R11 (Authorized Personnel Positions for FY2023) – Established 837 authorized full-time positions (19 new FTEs: 9 general services, 6 fire, 3 exempt B, 1 appointed).
- S1 (Emergency Ordinance – Crazy Faith Shelter) – Approved additional $50,400 in ARPA funds for emergency overnight shelter operations through early 2024. Discussion included potential need for larger space; mayor noted hope for long-term solution at purchased property next to Rescue Mission.
- M2 (Fire Station #5 Concrete Repairs) – Moved from consent agenda due to conflict (Councilor Maestri recused). Awarded $64,089 to Baha Construction for concrete repairs. Passed 6-0.
- T1 (Classification and Pay Plan – FY2023) – Annual salary ordinance reflecting union agreements and across-the-board increases. Council President Graham, Councilors Martinez Ortega and Sarah Martinez recused themselves due to potential conflict of interest.
Key Outcomes
- Consent Agenda (Items L1, M1, M3-M13, N1-N6) – All approved unanimously (7-0). Includes minutes of Planning and Zoning Commission, multiple resolutions (contract awards, ARPA garden extension, appointment confirmations, etc.), and first-presentation ordinances (subrecipient agreement, Westside Trail, roundabout, wayfinding signs, airport leases). Public hearings set for January 9, 2023.
- Q1 (Vendor Fee Budget) – Approved 7-0.
- R1 through R9, R11 – All approved 7-0.
- R10 (Sales Tax Exclusion) – Approved 6-1.
- S1 (Emergency Ordinance) – Approved 7-0.
- M2 (Fire Station #5 Repairs) – Approved 6-0 (Maestri recused).
- T1 (Pay Plan) – Approved after three council members recused themselves. Final vote count not explicitly stated, but passed with remaining members.
- Next Steps: Emergency ordinance for property purchase near Rescue Mission expected at next meeting. Bag fee implementation begins January 1, 2023. Facilities condition assessment data to guide future building repairs.
Meeting Transcript
Recording in progress. Today is Tuesday, December twenty-seventh. The time is seven oh three, and I call this order this meeting to order. If everybody would please stand for the invocation of the Pledge of Allegiance, and if we could have Pastor Steve Chavez from Praise Assembly of God. And today, O God, you know where we need help. Father, we lean into you and say, God, would you provide resources? Would you provide leadership? And God, most of all, your presence. Thank you, Lord, for this team, for this team of leaders that will lead the meeting tonight. Bless them all in Jesus' name we pray. Amen. Here. Sarah Martinez. Here. And we have one special recognition tonight for the Wastewater Utility Appreciation Day. If we can have Miss Andra Aaron's to the front, please. Whereas the city of Pueblo is committed to being good partners with the state of Colorado in its efforts to ensure the health and safety of all those living and visiting our state. And whereas COVID-2 wastewater testing provides vital public health data, and whereas the Pueblo Wastewater Department and the James R. Diorio water reclamation facility voluntarily provided wastewater samples to the state of Colorado for testing multiple times per week, enabling rapid and efficient identification of increasing disease trends. And whereas wastewater disease monitoring would not be possible without continued support from the Pueblo Wastewater Department and the James Diorio Water Reclamation Facility. Now therefore, I Nicholas Gradisher, the mayor of the Pueblo City Council, Colorado by the authority invested in me. Do hereby proclaim December 27, 2022 as wastewater utility appreciation day, and encourage all citizens to recognize the important role this service provides to our community. Okay, next up we have public forum. And if we could uh Elvis Martinez, you're up okay. This was brought to my attention by somebody I'm not gonna name, of course. This person's not in this room. But official misconduct color law C RS 18-8-404. In 18-8-404 color law defines official misconduct as a public servant abusing his or her power, which would include elected leaders, or breaking a law or regulation in order to obtain a personal benefit, or to harm another person. And it goes on by saying a public servant commits first degree official misconduct with the attempt to upset obtain a benefit for the public servant or another or to cause harm to another, he or she knowingly it continues commits an act relating to his office, as I'll say or her office too. But uh an unauthorized exercise of his official function or refrains from performing a duty imposed upon him by law or violates any statue or lawfully adopt a rule or regulation relating to his office. And then it ends well, I'll end it right here. Uh first degree official misconduct is a class one misdemeanor. And uh according to this, and the person who shared that with me, and I'll share it with a couple people too. I believe and they believe that was violated with the last couple council meetings to push one side of a political agenda when city council is should reframe nonpartisan. That's what every city elected leader swears to to be nonpartisan. And also to end real quick, I just have a short speech, but to the mayor and to the other Bronco fans, those broncos got murdered on national television on Christmas Day. Thank you, Mr. Martinez. Next we have Steve Vileos. Push that button right there. All right, first thing I want to start off is to the people of Bessemer, we got tire slashers, you know, people are going around slashing tires. I know that because my tires were slashed, my neighbor's tired were slashed, the guy up the block's tired was slashed. Just to inform them, you know, just uh that there's someone out there acting courtesy and cutting tires. Then I'll go on from there, you know. You know, it was like uh insurrectionists, you know, they wanted to take over the government, they didn't want no one else to have a word because they wanted to uh enforce their uh belief upon this law right here, and they wanted no one else to have a word in, and and they succeeded until big man up from Denver had to come back and had a cook, you know, had to voice his opinion and let you know what the law was, and you know, Colorado is a pro-woman's choice, you know, and uh, but we couldn't get in here. It was uh I didn't think it was right because they were they forced us out, and we tried to get in two or three different times. We couldn't get in here, so that way we can voice our opinion for it. You know, the one I worry about most is the doctor, you know, he's the one that's gonna be the target. He's the one, you know, these pro-lifers are pro-life until they don't get their way, they're gonna go over there maybe with the bomb and and do exactly what they're protesting against. They're gonna kill.
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