Pueblo City Council Regular Meeting - April 10, 2023

On Monday, April 10, 2023, the Pueblo City Council convened for a regular meeting starting at 7:08 PM. The meeting included special recognitions, public forum, council commentary, approval of consent and regular agenda items, resolutions, ordinances, and emergency ordinances. Notable outcomes include the failure of the gun buyback sponsorship (Q4) and the Southern Colorado Harm Reduction Association subrecipient agreement (R8) on 3-3 tie votes due to Councilor Sarah Martinez's absence, and the passage of a mandatory minimum jail ordinance for theft over $300 (R9) on a 4-2 vote.

Consent Calendar

• Approved minutes of March 27, 2023.
• Approved Communications: Minutes of Planning and Zoning Commission (2/8/2023).
• Approved Resolutions M1–M17: Including construction contracts for concrete and asphalt improvements (M1–M3), ARPA funding for Barkman library ramp ($250,000, M4), capital improvement purchases for apparatus ($214,217.80, M5), emergency sewer repair ratification ($77,701.95, M6), change order for emergency repair ($11,948.07, M7), revocable permits for CSU-Pueblo graduation, HARP Foundation fireworks, Ybarra's Boxing Club Cinco de Mayo event, Food Truck Union events (two permits), adoption of Drainage Criteria Manual, Amendment to Public Art Services Agreement (I-25 Gateway), software agreement for Police Department record management system (ProPhoenix), appointments to Fire Board of Appeals and PuebloPlex Board.
• Approved Ordinances N1–N12 (first presentation, public hearings set for April 24, 2023): Including $750,000 subrecipient agreement with Crossroads’ Turning Points (N1), acceptance of aviation fuel taxes ($116,533.87, N2), DOLA mental health grant ($99,464, N3), 2023-2024 CDBG/HOME Action Plan (N4), street vacation fee amendment (N5), parking agreement with Pueblo County (N6), public art donation from Lyle Clift (N7), agreement with Colorado State Fair for city-wide cleanup (N8), use tax exemption clarification (N10), temporary staffing addition in Law Department (N11), and $40,000 subrecipient agreement with Pueblo Cooperative Care Center for mobile shower program (N12).

Public Comments & Testimony

• Frank Artiaga (Southern Colorado Harm Reduction Association) requested $2,500 for a gun buyback program, emphasizing community safety and the need to remove fear of police. He also highlighted the “Pueblo will never quit” spirit.
• Steve Valeus opposed the mandatory minimum jail ordinance, arguing deterrence does not work and advocating restorative justice, addressing homelessness and the lack of low-income housing. He criticized the city's direction.
• Martina Vega (indigenous community representative) called for removal of the Christopher Columbus statue, citing genocide and the ongoing impact on missing and murdered Indigenous women. She presented historical evidence of pre-Columbian African and Irish voyages.
• Joseph Vega supported his wife’s comments, emphasizing the need to recognize indigenous history and the trauma caused by the statue.
• Elvis Martinez addressed needle litter, proposing tracking of distributed needles via color-coding and an app, and urged better addiction treatment but cautioned against “handouts.”
• Dave Decenzo warned about new fentanyl-tranquilizer mix, asked for updates on the 2035 pledge, and opposed removing the Columbus statue, calling the movement “revengeful.” He read from the book “1491.”

Discussion Items

• Councilmember and Mayor Commentary:
  • Mayor discussed an air quality bill (Pollution Protection Measures) that could harm local manufacturers, and highlighted the CS Wind expansion (850 new jobs, total ~1,400 employees, starting wage $20/hr) due to the Inflation Reduction Act.
  • Councilmember Martinez Ortega announced the Pueblo History and Art Walk grand opening (April 28), Cinco de Mayo event (May 5), and Team Up to Clean Up (May 6).
  • Councilmember Atencio thanked Black Hills Energy and Crime Stoppers for a $200,000 contribution to lighting and alarm systems, and noted 75% voter support for Black Hills.
  • Councilmember Maestri discussed Runyon Field expansion needs.
  • Councilmember Winter invited participation in the Great American Cleanup (April 15).
• Item Q4: Gun Buyback Program Sponsorship ($2,500) – Failed 3-3. Supporters cited community safety; opposition raised concerns about gun disposal.
• Item R7: Council Salary Increase – Failed 3-3. Proposed raising councilmember salary from $700 to $1,400 and president from $900 to $1,800, effective for new terms. Opponents argued it undervalues volunteer service; proponents noted inflation and attracting diverse candidates. Councilmember Maystree suggested a charter amendment instead.
• Item R8: Subrecipient Agreement with Southern Colorado Harm Reduction Association ($975,000) – Failed 3-3. Extensive public testimony: Supporters (including peer counselors) highlighted the community center’s services (showers, lockers, telehealth, job training) and harm reduction benefits (reducing HIV/Hep C). Opponents (business owners, residents) cited increased crime and needle litter, urging separation of needle exchange from other services. Councilmember Flores noted the exchange had operated nearby for seven years.
• Item R9: Mandatory Minimum Jail for Theft over $300 – Passed 4-2. The ordinance imposes a minimum three-day jail sentence for theft of property valued at $300 or more, including a habitual offender provision, with a sunset on January 1, 2025. Public testimony: Supporters (police officer, business owners) argued it deters repeat offenders; opponents (Dr. O’Brien, retired law enforcement) cited evidence that jail does not deter and harms individuals with mental health and substance use disorders. Councilmember Atencio opposed removing judicial discretion.
• Items R1, R2, R3, R5, R6 – Approved unanimously (6-0). Details below.
• Emergency Ordinances S1 and S2 – Approved unanimously. S1 transferred $55,000 for the Dillon Flyover Bridge Art Project. S2 authorized $1,200,313 for land purchase (2.06 acres) to expand the Historic Arkansas River Project (HARP).

Key Outcomes

• Approved: Resolutions Q1 ($500 for Courthouse Lighting Ceremony), Q2 ($2,000 for Latino Chamber Foundation Tostada event, as amended), Q3 ($1,000 for Child Advocacy Center child abuse prevention), Q5 ($700 for Pueblo Levee Walk).
• Approved: Consent Agenda (M1–M17, N1–N12 except N9 removed).
• Approved: Ordinance R1 (Professional engineering services, $300,000 with Brown and Caldwell for Stockyard Road pipeline rehabilitation).
• Approved: Ordinance R2 (Utility rate consulting services with FCS Group for Wastewater Department).
• Approved: Ordinance R3 (Public art donation from Tia Monson for the Pueblo History and Artwalk).
• Approved: Ordinance R5 (Rezoning 2716 Thornberry Lane from B-3 to I-2 Light Industrial).
• Approved: Ordinance R6 (Authorizing sale and assignment of certain liens, with auction beginning May 16, 2023).
• Failed (3-3): Resolution Q4 ($2,500 for Southern Colorado Harm Reduction Association gun buyback program).
• Failed (3-3): Ordinance R7 (Council salary increase).
• Failed (3-3): Ordinance R8 ($975,000 subrecipient agreement with Southern Colorado Harm Reduction Association for a community center and harm reduction services).
• Passed (4-2): Ordinance R9 (Mandatory minimum three-day jail sentence for theft of property valued at $300 or more, with habitual offender provisions and sunset January 1, 2025).
• Approved: Emergency Ordinance S1 ($55,000 transfer for Dillon Flyover Bridge Art Project).
• Approved: Emergency Ordinance S2 ($1,200,313 for land purchase at 175 S. Santa Fe Ave and 131 S. Mechanic St for HARP expansion).
• Sunset Provision: R9 will automatically repeal on January 1, 2025, allowing a look-back period for evaluation.
• Next Steps: Councilmember Flores requested potential reconsideration of failed items given the absence of Councilor Martinez. Agenda item R4 (rezoning 2001, 2005, 2009 Oakland Ave) was continued to April 24, 2023.