Pueblo City Council Regular Meeting – August 14, 2023

The Pueblo City Council held its regular meeting on Monday, August 14, 2023, beginning around 7:02 p.m. and continuing past midnight to about 12:30 a.m. on August 15. Council President Heather Graham presided, and Mayor Nick Gradisar attended. No agenda or minutes were provided with the transcript, so this summary is based solely on the raw transcript. The council recognized first responders, proclaimed LGBTQ+ Pride Day, approved a large consent docket, confirmed a new city attorney, referred a lodging-tax child-care measure to the November ballot, and acted on economic development, land use, and emergency items.

Special Recognitions & Proclamations

• Chief Noeller presented a commendation to Emergency Services Dispatcher Haley Rogers for her handling of a 911 call on April 16, 2023. According to the chief, the caller’s baby was already delivering, and Rogers calmly guided the father through the delivery; the baby was born safely.
• The council, along with the Board of County Commissioners, proclaimed August 20, 2023 as Pueblo LGBTQ+ Pride Day. Tommy Farrell, president of the Southern Colorado Equality Alliance, accepted and described the Pueblo Pride Festival in Mineral Palace Park: parade at 10:30 a.m., followed by an opening ceremony, vendors, entertainment, food trucks, and family activities until 4 p.m.

Consent Calendar

• The consent agenda was approved 7-0. It included routine resolutions and first-reading ordinances, including emergency construction contract ratifications, budget and account transfers, appointment confirmations, an annexation petition setting a public hearing for September 25, 2023, a contractor list for emergency storm sewer repairs, an FAA airport grant of $9,316,522 for runway and taxiway work at Pueblo Memorial Airport, the nurse navigation program budget, several rezones, a historic landmark designation for the Edward Teller House, a child-abuse investigation cooperative agreement, and the first reading of the collective bargaining agreement with International Association of Firefighters Local No. 3. The motion set public hearings for the first-reading ordinances for August 28, 2023.

Public Forum

• Sharon Roybal expressed concern about public safety, saying crime has worsened since she moved to Pueblo and that safety appeared to be a low priority in city communications and spending. She opposed the idea of volunteer police officers and said uniformed officers should be paid, especially if the city has roughly $133 million to spend.
• Ted Freeman criticized the city’s use of the half-cent sales and use tax for economic development incentives, called PEDCO “extremely corrupt,” and said the restricted sales/use tax capital improvement fund has $48.7 million in uncommitted funds. He said he had tried to place a citizen initiative to repurpose those funds but missed ballot qualification by 21 signatures.

Council & Mayor Commentary

• Mayor Gradisar remembered Lewis Quigley, former Pueblo Parks and Recreation director and city manager, who passed away August 7, 2023, and said the city would work to find a fitting memorial.
• The mayor reported on a trip to Sacramento, California, with Colorado Department of Human Services officials to study a new state law, the CARES Act, aimed at holding mental health providers accountable. He said mental health disorder is the number one condition among homeless individuals in Pueblo, exceeding substance abuse and physical illness.
• The mayor outlined the tentative firefighters’ contract: a three-year agreement with a 7.3% raise in the first year, a 7% raise in the second year, and a third-year increase tied to comparable communities. He estimated the 2024 wage cost at about $1.1 million, longevity pay at about $290,000, and second-year wages at about $1.2 million. He also noted a 28% increase in police starting pay.
• Council members made announcements about community events, including the Bessemer Resource Fair, Servicios de la Raza’s backpack giveaway with over 400 backpacks, free summer bus fares, and softball facility needs.
• Councilor Winner and Mayor Gradisar exchanged remarks about alleged volunteer police and media reports involving the mayor’s son. The mayor said there is no volunteer police force, denied discussing charges with police, and said his son would face consequences for any actions. Winner also said she planned to revisit a resign-to-win ordinance.

Regular Agenda – Resolutions and Ordinances

Q1 – Memorial Hall Benefit Show Sponsorship (failed)

• Staff presented a request for $6,626 from the Council Contingencies Account to sponsor “The Time Is Now” benefit show at Memorial Hall on October 28, 2023. Council discussion raised questions about nonprofit fiscal sponsorship and whether the event primarily benefited one individual’s travel to California. A motion to continue the matter to August 28 failed 4-3. The resolution then failed 5-2.

Q2 – Pueblo Chile and Balloon Fest Sponsorship (approved)

• The council approved 5-2 a resolution authorizing $22,500 from Council Contingencies to the Pueblo Chamber for the third annual Pueblo Chile Fest and Balloon Fest, scheduled for September 22-24, 2023.

Q3 – Fiesta Day Parade Sponsorship (approved)

• The council approved 7-0 a $2,000 sponsorship to the Colorado State Fair Fiesta Committee for the Fiesta Day Parade on September 3, 2023. Councilor Tensio noted the amount should include the city’s parade entry fee.

Q4 – Pueblo PAL Football Equipment Sponsorship (approved, amended)

• The original request was $1,000 to the Pueblo Police Activities League for Roncali Middle School football equipment. Councilor Tensio moved to amend the amount to $2,000 and also assist Risley Middle School. The amendment passed 7-0, and the resolution as amended passed 7-0.

Q5 – City Attorney Appointment (approved)

• Mayor Gradisar nominated George A. Hippolyte as city attorney, describing his educational and professional background, including work with the Denver City Attorney’s Office and Colorado Attorney General’s Office. Public speaker Randy Thurston opposed the timing, urging the council to wait until after the mayoral election and to base the decision on qualifications rather than politics. Council confirmed the appointment 6-1.

R12 – Lodging Tax Increase for Child Care (referred to voters)

• Staff presented an ordinance to place on the November 7, 2023 ballot an additional 1.5% lodging tax, estimated to raise about $625,000 per year for five years from 2024 through 2028, dedicated to accessible and affordable child care for working families.
• Supporters included Ken White of EPIC Pueblo, Angie Shehorn, Matt Guy of Pueblo Early Childhood Council, Diamond Perez, a mother of two, Michael Mazerov, Josette Haramio, and Hillary Glasgow of Colorado WINS and the Southern Colorado Labor Council. They argued child care costs, averaging about $1,200 per month in Pueblo, push families out of the workforce and that the tax is a small visitor-paid amount.
• Opponents included Chris Crozier of the Pueblo Lodging Association and Jeff Bailey, co-owner of Abriendo Inn Bed and Breakfast. They argued lodging tax revenue was intended for tourism promotion, that Pueblo’s combined lodging tax rate would rise from 11.9% to 13.4%, that Pueblo is not comparable to resort communities, and that the proposal was developed too quickly without enough stakeholder input. Ted Freeman also opposed it, saying the city should instead repurpose the $48.7 million restricted sales/use tax fund.
• Councilor Sarah Martinez, the request sponsor, supplied eligibility details: families earning roughly 200% to 750% of the federal poverty level, such as a family of four earning about $55,200, would qualify; she estimated the funds would serve about 37 households and 74 children per year. Councilor Maestri opposed municipal funding of social programs. Councilor Tensio voted to refer the measure but said he would campaign against it because only about 37 families would be served.
• The ordinance passed 6-1, referring the question to the November 7, 2023 ballot.

R1 – FoamCorp Economic Development Incentive (approved)

• The council approved 5-2 an ordinance relating to FoamCorp of Michigan, a foam furniture manufacturer for schools and health care facilities. The ordinance approved an employment agreement, a real property conveyance to Pueblo Development Foundation, and transfers of $6.5 million and $1.74 million from the sales and use tax capital improvement projects fund. PEDCO’s Jeff Shaw said FoamCorp expected 87 jobs at roughly $43,000 pre-benefit, planned about 45,000 square feet at 300 Greenhorn, and would receive a rent-reimbursement incentive of about $1.7 million tied to jobs. Ted Freeman opposed the project, alleging work began before council approval and that council members had conflicts of interest. Council also questioned bidding and plan-review processes. The ordinance passed 5-2.

R2 – ARPA Funding for United Way Lead Center (approved)

• The council approved 5-2 a $600,000 ARPA subrecipient agreement with the United Way of Pueblo County for a nonprofit “Lead Center.” Staff said the initial request had been $1.9 million and that the United Way proposal scored highest among similar ARPA proposals. Multiple nonprofit leaders testified in support. Councilor Maestri and Councilor Winner opposed, saying the city should prioritize a homeless shelter rather than office space. Councilor Flores supported the center as a way to reduce duplication among nonprofits.

R3 – Urban Renewal Land Sale for Workforce Housing (approved)

• The council approved 7-0 the sale of 612 and 618 East Second Street to Pueblo Urban Renewal Authority for $10,846.25. Jerry Pacheco said the properties would be transferred to Habitat for Humanity for owner-occupied workforce housing as part of an effort to reduce blight and stabilize the lower east side.

R7 – Medal of Honor Subdivision (approved)

• The council approved 7-0 a subdivision of 69.9 acres for the Pueblo County detention center area. The subdivision created one developable lot of 25.467 acres and two nonbuildable parcels, and it established a 150-foot right-of-way for Medal of Honor Boulevard.

R8 and R9 – PEG Channel Agreements (approved)

• R8, approved 7-0, renewed a public, educational, and governmental (PEG) channel agreement with Pueblo School District 60. The PEG fee split is 54.2% to Pueblo Community College, 33.3% to District 60, and 12.5% to the city.
• R9, approved 7-0, approved agreements with the Colorado Department of Higher Education and Pueblo Community College for two PEG channels, including production of weekly council meetings and quarterly studio time for fresh content.

R10 – Public Art Donation (approved)

• The council approved 7-0 a public art donation agreement with Latca Studios LLC for a sculpture to be installed in the Midway Road traffic circle. The donor will maintain the artwork for two years and perform the installation improvements.

R11 – Election Intergovernmental Agreement (approved)

• The council approved 7-0 an intergovernmental agreement with Pueblo County to coordinate the November 7, 2023 General Municipal Election.

S1 and S2 – Emergency Ordinances (approved)

• S1, approved 7-0, transferred $100,000 to the Fire Station design project for geothermal test wells. Staff said drilling four test wells at fire station sites was necessary to keep design work on schedule and protect public funds. Ted Freeman opposed the emergency designation.
• S2, approved 7-0, accepted a release of claim and indemnity agreement with BNSF Railway for a multi-jurisdiction mass casualty training exercise on August 17, 2023. Ted Freeman again objected to the use of an emergency ordinance. Council received a copy of the city charter provision on emergencies.

R4, R5, and R6 – DFB Subdivision and University Park Area Land-Use Items

• R4, approved 6-0, rezoned 3.736 acres east of the Village Circle cul-de-sac from O1 Neighborhood Office to R4 Mixed Residential. Neighbors raised concerns that the proposed density of about 7.75 units per acre exceeded the comprehensive plan’s recommended 2-5 units per acre for suburban neighborhoods and raised drainage worries.
• R5, approved 6-0, approved a special area plan for the DFB subdivision. The plan caps the four multifamily lots at 36 total dwelling units and adjusts setbacks: front setback reduced from 25 feet to 20 feet, rear setback reduced from 15 feet to 5 feet.
• R6, approved 5-1, approved the DFB subdivision itself. The subdivision created four multifamily lots, trail and drainage parcels, and right-of-way for Wine Cup Drive, connecting to Blue Stem Drive. The applicant said the road extension was a city safety requirement for secondary access. Neighbors testified about flooding, drainage, traffic, the safety of an existing culvert, and the impact on the neighborhood, while the applicant said the road would help contain existing drainage and that the project’s detention would not increase historical runoff. The council voted to reopen the hearing for further questions before final passage.

Key Outcomes

• Approved the amended agenda 7-0 and dispensed with the reading of the July 24, 2023 minutes 7-0.
• Approved the consent agenda 7-0, setting August 28, 2023 public hearings for first-reading ordinances.
• Confirmed George A. Hippolyte as city attorney 6-1.
• Referred a 1.5% lodging tax for child care to the November 7, 2023 ballot 6-1.
• Approved FoamCorp incentives 5-2, United Way ARPA Lead Center funding 5-2, urban renewal land sale 7-0, Medal of Honor subdivision 7-0, PEG agreements 7-0, public art donation 7-0, election IGA 7-0, and both emergency ordinances 7-0.
• Approved the DFB rezone and special area plan 6-0 each, and the DFB subdivision 5-1.
• Approved Q2 5-2, Q3 7-0, and Q4 as amended 7-0. Q1 failed 5-2 after a motion to continue failed 4-3.