Pueblo City Council Meeting: Proclamations, Warming Shelter Debate, and Ethics Complaints - October 23, 2023

The Pueblo City Council met in regular session on Monday, October 23, 2023, at 7:06 p.m. No written agenda or minutes were provided with the transcript. The council recognized National Veterans Small Business Week, heard public comment on homelessness and downtown maintenance, approved a consent agenda and most final-reading ordinances, debated a $400,000 warming-shelter award to the Pueblo Rescue Mission, and acted on ethics complaints against Mayor Nicholas Gradisar and Council President Heather Graham.

Special Recognition

• The council presented a proclamation declaring October 30 through November 3, 2023, as National Veterans Small Business Week, noting that nearly one out of ten small businesses in the United States is veteran-owned. Representatives from the U.S. Small Business Administration Region 8, the Veterans Business Outreach Center at Mount Carmel, the Colorado SBA District Office, the Southern Colorado Small Business Development Center, Pueblo Corporate College, and Mount Carmel accepted the proclamation.

Public Comments & Testimony

• Steve Vallejos spoke about homelessness and riverwalk conditions. He said the mayor had said 85% of unsheltered people are from Pueblo but asserted many are not; he also described incentives, intimidation, dirty sidewalks, rusting bridges, spider webs, and called for more cleaning, maintenance, and a needle exchange program.
• Ted Freeman urged council to pass enforceable laws, hire a full-time city council staff member, amend city charter/code provisions, stop awarding public projects without competitive bidding, stop diverting the one-half cent sales/use tax, stop conveying city properties to third parties, and avoid contracts with no sunset.
• Elvis Martinez asked what Plan B would be for the homeless shelter if the Rescue Mission ordinance was voted down, said Crazy Faith has been mistreated by elected officials, complained about a council-seating safety issue involving Councilor Martinez, called for campaign finance transparency, and said people who run for office should take an IQ test.
• Marty Harvey asked the city to expand the health fair beyond five hours at CSU Pueblo and hold it on the west, south, and east sides; he also suggested promoting youth chess programs at libraries after a neighbor's Kia was stolen.

Council Member & Mayor Commentary

• Councilor Maystry said council is listening and will consider ordinances related to no-camping bans and people being dropped off by buses.
• Councilor Martinez highlighted Hard Knocks Gang Prevention and director Mark Salazar for teaching chess to at-risk youth at the Lucero Library.
• Councilor Martinez Ortega congratulated Movimiento Sigue's Rita J. Martinez Youth Leadership Conference, which used 75 volunteers to host 400 students; celebrated an EPA environmental justice grant to Steelworkers Center of the West that will bring 100 e-bikes to Pueblo; and announced trunk-or-treat events on October 28 and 31.
• Council President Graham announced Riverwalk Fright Night on Saturday from 4 to 8 p.m. with 40 candy stations and food trucks, noting about 5,000 children attended last year, and reported that the citywide cleanup removed 91 dumpsters totaling 160 tons of trash.

Consent Calendar

• The council approved the consent calendar 7-0 after amending the agenda to remove item M5 and item R12. The consent calendar included: Planning and Zoning Commission minutes from 9/23/2023; a $195,602.85 construction contract to Rocky Mechanical LLC for Mineral Palace atrium mechanical improvements with $29,340.15 in contingencies; a $85,988.59 amendment for the 2021 small main removal/replacement project; re-establishment of the Pueblo Memorial Airport Advisory Committee; ratification of Stephen Contreras to the Pueblo Regional Building Commission; a $120,000 Colorado Department of Agriculture grant for the Pueblo Food Project; a $556,897.60 professional engineering services agreement with Brown and Caldwell for a sewer infiltration/inflow pilot program; a $45,000 Charge Ahead Colorado grant; a $16,742 contribution from HW Houston LLC for West 20th Street repairs; a $7,400 2024 Pueblo Rural Transportation Planning Project; and the 2024 delegation agreement with the Pueblo Area Council of Governments. The ordinances were set for public hearing on November 13, 2023, and publication by title.

2024 Budget Public Hearing

• The public hearing on the proposed 2024 annual budget was opened and closed with no speakers.

Resolutions

• Q1 passed 7-0, authorizing $1,000 to Pueblo Friends of the Arkansas River to sponsor the 'You Don't Stand Alone' sculpture honoring Central High School student Eric Mickey Lopez and supporting mental health and suicide prevention.
• Q2 passed 7-0, authorizing $1,000 to the Pueblo Police Department for the seventh annual charity ice hockey game against the fire department, held October 21, 2023.

Ordinances - Final Readings

• R1 passed 7-0: site lease and lease-purchase agreement authorizing up to $37 million in certificates of participation for three new fire stations.
• R2 passed 7-0: transfer of $9,942.85 from Pueblo Transit ARPA funds for a new maintenance vehicle.
• R3 passed 7-0: BNSF railway license for broadband/fiber infrastructure for Fire Station 11 and the new county jail.
• R4 passed 7-0: hardware rental, software license, and services agreement with Dominion Voting Services for a potential runoff election.
• R5 passed 7-0: certification of abatement liens to the county treasurer; about 160 liens on roughly 100 properties were on the list.
• R6 passed 7-0: amendments to two CEC Solar agreements setting rates 10% below Black Hills published rates and saving an estimated $10,000 to $15,000 per year.
• R7 passed 7-0: purchase of private parcels around the city firearms range from Fred F. and Melva Jean Jones.
• R8 passed 7-0: acceptance of the 2023 Edward Byrne Memorial Justice Assistance Grant of $111,507, divided among the Police Department, Sheriff's Office, and District Attorney's Office.
• R9 passed 7-0: amendment to the airport office-space rental agreement with the Colorado Division of Fire Prevention and Control for firefighting aircraft pilots.
• R10 passed 7-0: acceptance of a bargain and sale deed from the Pueblo Historical Aircraft Society for a restoration hangar at 508 Skyway Street.
• R11 passed 7-0: collective bargaining agreement amendment with the Pueblo Association of Government Employees adjusting eight classifications beyond the 5.3% increase, effective January 1, 2024, at a cost of about $29,000.
• R12 was removed from the agenda and will return through the full first and second reading process.

R13 - Pueblo Rescue Mission Warming Shelter

• Staff reported that the ordinance would authorize payment of up to $400,000 in CDBG-COVID funds to the Pueblo Rescue Mission through a subrecipient agreement to purchase 710 West 4th Street and make improvements for a warming shelter during city-declared weather emergencies. The ordinance had been postponed from the previous meeting.
• Public testimony in favor came from Rescue Mission staff members David Tonell, Tyler Cherheel, Linnae Trujillo, Amanda Montoya, and Patricia Jost; resident Robert Griffin; volunteer Lori Sowell; and retired psychiatrist and volunteer Matt Goodwin. They described the mission's work, staff dedication, personal recovery, and the need to keep people warm.
• Speakers with concerns were Lonnie Coins, Joseph Luna, and Elvis Martinez. Lonnie Coins said he was not against the mission but asked what would happen to people who cannot or will not stay there; Joseph Luna supported Crazy Faith Ministry and invited council members to visit; Elvis Martinez called for a Plan B, help for people with pets, and year-round planning.
• Council debate was divided. Councilors Flores, Martinez Ortega, and Tensio spoke in favor, citing the mission's expertise, the need for a permanent location, and the danger of waiting. Councilor Maystry and another councilor expressed concerns about the mission's financial stability, lack of a substantial operating plan, city oversight, and whether the building could open this winter; they preferred a city-controlled RFP process. Councilor Martinez also raised concerns about the mission's staffing capacity and the need for a plan for people not served. Councilor Flores responded that the city lacks the expertise to run a shelter and that the mission had proven itself.
• The transcript does not record the vote or final disposition of R13; after the debate, the council moved on to the ethics complaints.

Ethics Complaints

• J1: A citizen-filed ethics complaint by Michelle Gray against Mayor Nicholas Gradisar was received and dismissed 7-0 after the council attorney recommended dismissal for failure to state a claim.
• U1: A complaint by Gene Gardner against Council President Heather Graham was received 6-0 and dismissed by a 5-1 vote. It concerned emails President Graham sent regarding Patty Erjavik and comments made by Martha Simmons; the council attorney said the complaint did not state a claim under the ethics code.
• U2: A second complaint against President Graham on the same topic was received 6-0 and dismissed; no vote tally was recorded in the transcript. Vice President presided for these items.

Key Outcomes

• Agenda amended to remove M5 and R12; approved 7-0. Minutes of October 10, 2023, approved 7-0.
• Consent calendar and ordinances set for November 13 public hearing approved 7-0.
• Q1, Q2, and R1-R11 all passed 7-0.
• J1 dismissed 7-0; U1 dismissed 5-1; U2 dismissed without a recorded tally.
• R13's final disposition was not captured in the transcript.