Pueblo City Council Regular Meeting - July 8, 2024

The Pueblo City Council met on Monday, July 8, 2024, at 7:00 PM in City Council Chambers. The meeting included public forum, council member commentary, approval of the consent agenda, discussion and votes on several resolutions and ordinances, and a lengthy debate on an ethics complaint filed against Councilor Regina Maestri. The meeting was adjourned after postponing the ethics complaint to August 12, 2024.

Consent Calendar

• All resolutions (M1–M10) and ordinances (N1–N9) on the consent agenda were approved by a 6-0 vote, including funding for HARP Phase IV contingencies, Black Hills Energy underground utility relocation, ADA improvements on Bonforte Boulevard, various appointments, and several ordinance first presentations (street name changes, rezonings, grants, opioid settlement, residency requirement changes).

Public Comments & Testimony

• Dave Dicenzo presented on economic growth, advocating for data centers to locate within city limits. He argued that the city's 3.7% sales tax is a deterrent and suggested reducing it. He also highlighted Black Hills Energy’s high electricity rates (20.74 cents/kWh) compared to municipal utilities (14 cents) and urged the city to secure power from Comanche 2 & 3.
• Madeline Craighead (co-owner of Lifeblood Tattoo, with Christian Gleason) requested the Council expedite a ZBA special use permit for their tattoo shop at 129 South Union Street. She cited the business's veteran ownership, support for local artists, and positive community impact.
• Elvis Martinez spoke on multiple topics: advocating for campaign finance limits, eight-year term limits, a "resign to run" rule for city elected officials, and calling for an independent ethics commission. He also raised concerns about donations to council members from individuals connected to Chris Nickel, implying potential conflicts of interest in the ethics complaint process.

Council Member and Mayor Commentary

• Councilor Flores highlighted the Petra Macaulay Homeless Remembrance Celebration, the Center for American Values Fourth of July event, and the Pueblo Symphony’s 99th-anniversary concert.
• Councilor Maestri expressed frustration with illegal fireworks and late-night noise disrupting neighborhoods, calling for more enforcement.
• Councilor Gomez voiced deep concern about rising crime, citing stolen cars and a recent murder, and urged community-wide collaboration to avoid becoming a "ghetto."
• Councilor Boston praised the Fourth of July events, including the Riverwalk fireworks and symphony performance, and noted his ongoing outreach to constituents.
• Councilor Latino supported community patrol programs and sharply criticized Black Hills Energy for high electricity rates (48% higher than the Front Range) and a proposed 20% increase, arguing it stifles economic development.

Discussion Items

Resolutions Q1–Q4 (Sponsorships from Council Contingencies)

• Q1 ($1,500 to American Cancer Society for Relay for Life) – Approved 6-0.
• Q2 ($2,000 to Assistance League for Operation School Bell) – Approved 6-0.
• Q3 ($2,000 to Mad Fresh Productions for Multicultural Festival) – Failed 5-1 after Elvis Martinez noted the organization was listed as "noncompliant" with the Secretary of State. Staff confirmed the status had changed; council voted no.
• Q4 ($1,500 to Pueblo Crisis Pregnancy Center for fundraising banquet) – Approved 5-1 after Martinez questioned fairness across religious groups.

Ordinances Final Presentation (R1–R5)

• R1 – Accepting a $131,660 grant for a violence interruption program (similar to Aurora SAVES). Approved 6-0.
• R2 – Approving an IGA with CDOT for maintenance of state-owned drainage parcels east of I-25 between E. 22nd and 26th Streets. Council discussed similar issues with CDOT-maintained areas and the importance of formal agreements. Approved 6-0.
• R3 – Approving an MOU with CDPHE for wastewater monitoring of SARS-CoV-2 and other pathogens; Pueblo will serve as a Sentinel City. Approved 6-0 after brief public comments on vitamin D.
• R4 – Accepting HIDTA grant for DEA task force vehicles. Approved 6-0.
• R5 – Calling a special municipal election on November 5, 2024, to be coordinated with county/state elections. Approved 6-0.

Ordinance R6 Postponement

• Councilor Maestri requested postponement of R6 (shopping cart regulations) to August 12, 2024, to align with a related item. Motion passed.

Ethics Complaint Against Councilor Maestri

• Council accepted communication of two ethics complaints filed by Chris Nickel. City Attorney provided analysis: the complaints alleged Councilor Maestri improperly called an executive session and used it to lobby for a vacant seat. Attorney clarified the executive session was called by the City Attorney’s office to discuss Charles Hernandez’s resignation, not by Maestri; she disclosed her interest in open session; and no ethics violation occurred. Councilor Boston, who was not present at the executive session, was advised no conflict prevented his participation.
• Motion to investigate failed 3-2 (Flores, Gomez, Latino in favor; Maestri recused; Aliff and Boston opposed?).
• Motion to dismiss also failed 3-2.
• Motion to waive attorney-client privilege for Councilor Boston only passed 4-1, allowing him to learn what occurred in executive session.
• Motion to postpone the matter to the August 12, 2024 meeting passed 5-0.

Key Outcomes

• Consent agenda approved 6-0.
• Q1, Q2, Q4 sponsorship resolutions approved; Q3 failed 5-1.
• R1-R5 ordinances all approved 6-0.
• R6 postponed to August 12.
• Ethics complaint against Councilor Maestri postponed to August 12 after motions to investigate and dismiss both failed; attorney-client privilege waived for Councilor Boston to inform his future vote.
• Meeting adjourned.