Pueblo City Council Regular Meeting – February 12, 2024

The regular meeting of the Pueblo City Council was called to order at approximately 2:15 PM on February 12, 2024, with all six council members present. The meeting included public comments, council member updates, a consent agenda with numerous routine approvals, and public hearings on several ordinances. The most contentious item was an ordinance to prohibit camping on public property (R9), which sparked extensive public testimony and debate before passing 4-2.

Consent Calendar

• Approved minutes of the January 22, 2024 regular meeting.
• Approved 24 resolutions (M1–M2, M4–M21, M24–M29) covering construction contracts, professional services agreements, emergency repairs, easements, annexations, board appointments (including Stephen Chris Noller as Deputy Mayor), and other routine items.
• Approved 12 ordinances (N1–N12) setting public hearings for February 26, 2024, including items related to public improvements, grants, rental assistance, and intergovernmental agreements.
• All consent items passed unanimously (6-0).

Public Comments & Testimony

• Elvis Martinez: Congratulated the new mayor; requested cost of runoff election; criticized enforcement of loitering ordinances and liquor store issues; opposed reducing public comment time to 3 minutes; referenced a marijuana grow tax ordinance passed in December; advocated for transparent appointment processes for a council vacancy (including redacted applications and recusal rules).
• Pastor Paul Montoya: Supported paying homeless individuals to clean up the city; shared success stories of helping formerly homeless people save money and rent apartments; offered to collaborate with the city on a work program.
• Augustine Garcia: Thanked council for closing a roadway; strongly supported funding for Rocky Mountain SARE; opposed a proposed nuclear power plant, citing environmental and safety risks to Pueblo's Hispanic and low-income populations.
• Grace Smith: Expressed grief over the murders of her two sons and grandson; called for more homicide detectives, police funding, gang prevention, and youth activities.
• Diane Dante: Criticized mandatory trash service for low-income residents; questioned the effectiveness of needle exchange programs (citing 75,000 needles found); suggested increasing free landfill days for large trash.
• Velma Campbell: Argued that the PISAC committee's report on nuclear power contained partial truths; stated advanced nuclear is still in research and that renewable energy is a better economic and health choice; claimed Pueblo should not be targeted as a disadvantaged community for nuclear waste.

Council Member & Mayor Commentary

• Mayor Heather Graham: Announced a successful fines-and-fees reduction day (50% reduction for attending financial counseling); invited council to NAACP Black History Month events; announced retirement of Chief of Staff Laura Solano (effective Feb 29) and appointment of Marissa Pacheco as interim chief of staff; introduced the appointment of Chief Knoller as Deputy Mayor.
• Councilmember Sarah Martinez: Congratulated Solano; emphasized investing in youth and mentioned the deadline for council vacancy applications.
• Councilmember Dennis Flores: Reported on follow-up with CSU-Pueblo lacrosse players concerned about program cancellation; he engaged with the CSU chancellor and will share findings; urged council to consider university students as constituents.
• Councilmember Roger Gomez: Raised concern that ambitious projects distract from long-standing stormwater infrastructure issues in District 4 (Bessemer), citing a 1930s-era ceramic drainage system and a past example of a 50-year flood problem.
• Councilmember Regina Maestri: Thanked Solano; voiced concern about CSU-Pueblo's financial situation; hoped new administration could deliver community satisfaction.
• Councilmember Joe Latino: Thanked Solano; supported Flores' work with students; advocated for paid work programs for homeless individuals; emphasized putting youth programs first.
• President Mark A. Left: Congratulated Solano; clarified that 75,000 needles were found, not 15,000; criticized the needle exchange program.

Discussion Items – Ordinance R9 (Public Camping Prohibition)

A public hearing was held on an ordinance to prohibit camping and temporary structures on public property unless shelter is available.

Public Testimony in Favor:

• Augustine Garcia, Elena Garcia, Brett Averna spoke in support, citing safety, cleanliness, and environmental concerns. They argued the ordinance is overdue and will improve quality of life.

Public Testimony Against:

• Elvis Martinez, Dr. Jonathan Heiser, Jenny Paulson, Jimmy Duffner, Crystal Archuletta, Sam Chambers, Michael Gonzalez, Thomas Elliott, Nikki, Velma Campbell, Alison Ray, Riley Torano, Dr. Alexandra Kellogg, Jordan Meekham, Cora Cole, Jamie Valdez, Kennedy Pugh, Jason Ford, Reverend Gary Weaver, and others spoke in opposition. Arguments included: the ordinance is unconstitutional (citing 9th Circuit precedent), will not solve homelessness, will increase costs (e.g., enforcement, jail), harms health, displaces people without adequate shelter options (Rescue Mission has limited beds, no partner housing or pet accommodations), and that resources should instead go to housing-first solutions, mental health services, and employment programs for the homeless.

Council Debate:

• Councilmember Flores opposed the ordinance, citing research from Aurora, San Antonio, and Denver showing camping bans only move people elsewhere; questioned the availability of shelter beds; noted lack of provisions for storing personal property.
• Councilmember Martinez opposed, highlighting gaps in shelter services (no partner housing for couples or LGBTQ+, limited youth beds, no pets).
• Councilmember Latino supported the ordinance, citing personal observations of unsafe conditions along Fountain Creek; proposed a paid work program for homeless individuals.
• Councilmember Maestri (sponsor) defended the ordinance, referencing Team Up to Clean Up data on trash and hazardous waste; argued that the city cannot afford to house everyone and that public lands are being desecrated.
• President Left supported the ordinance, stating his compassion drives him to get people out of unsafe camps and into available services.
• Mayor Graham asked about enforcement procedures, noting the ordinance does not specify posting timeframes or how police will verify shelter availability. City attorney Sykes explained past practices and that the ordinance can be enforced by police calling shelters; fines can be worked off through community service.

Vote: Passed 4-2 (A left, Gomez, Latino, Maestri in favor; Flores, Martinez opposed).

Other Public Hearings

• R1 (ARPA/SLRF transit grant): Approved 6-0. Funds a vanpool subcontractor to connect workers to industrial estates.

• R2 (Persistent Poverty transit planning grant): Approved 6-0. Planning grant for transit to employment areas.

• R3 (CDOT fleet transition planning grant): Approved 6-0. Planning for transition to zero-emission buses.

• R4 (Langoni Sports Complex lease extension): Approved 6-0. 10-year lease with state.

• R5 (CSAC intergovernmental agreement): Approved 6-0. Annual agreement for community services administration.

• R6 (Health Colorado outreach grant): Approved 6-0. $80,000 for community outreach.

• R7 (CSP training agreement): Approved 6-0. Allows use of fire department training facilities.

• R8 (Rocky Mountain SARE ARPA grant): Approved 4-2 (Maestri and Martinez recused? Actually Maestri voted no, Martinez voted yes; final was 4-2 in favor, with Maestri and one other? Check transcript: Maestri voted no, others yes except who? After R8, Maestri recused from remainder. So R8 passed 4-2, but need to confirm. In text: after R8 vote, Maestri recused from rest of meeting. The vote on R8: Aleft yes, Flores yes, Gomez yes, Latino yes, Maestri no, Martinez yes. So 5-1? Wait transcript says "Motion passes 4-2" but we have 6 members. Let's reread: "Regina Meistry, Sarah Martinez? Yes. Motion passes 4-2." That suggests Maestri and Martinez both no? But earlier Martinez spoke in favor. Actually the text: "Mark Caleth? Yes, Des Flores? Yes, Roger Gomez, Joe Latino? Yes, Regina Meistry, Sarah Martinez? Yes. Motion passes 4-2." That is confusing. Possibly Sarah Martinez voted yes, but the tally counted Maestri as no and others yes? Or the clerk miscounted. To be accurate, we should report the transcript's final tally: 4-2, but we cannot resolve ambiguity. We'll note it passed, but not specify exact tally to avoid error. For accuracy, I will state it passed with dissenting votes from Maestri and Martinez? The transcript says after R8, "Okay, Regina, you need to declare request. Yeah. I'm gonna be recusing myself from the rest remainder of the meeting." So Maestri voted no on R8? She said earlier she wouldn't vote for it, but the roll call shows she voted? We'll just say it passed 4-2 as stated.

• S1 (Roof repair contract): Approved 5-0 (Maestri recused). Awarded to Colorado Front Range Roofing for $25,707.

Key Outcomes

• Ordinance R9 (camping ban) passed 4-2, effective upon publication.
• Deputy Mayor appointment of Stephen Chris Noller ratified.
• ARPA funds allocated for St. Anne's property purchase ($180,000) and Rocky Mountain SARE empowerment center ($200,000).
• Numerous grants and contracts approved for transit planning, facility leases, intergovernmental agreements, and community services.
• Council vacancy applications due February 16, 2024; appointment expected at February 26 meeting.
• Chief of Staff Laura Solano retiring February 29, 2024; Marissa Pacheco appointed interim chief of staff.