Pueblo City Council Regular Meeting – July 22, 2024

The Pueblo City Council met on Monday, July 22, 2024, at 6:00 PM (MDT) for a regular meeting. The meeting included an invocation, a mayoral proclamation, recognition of the 2024-2025 Colorado State Fair Fiesta Queen and court, public forum comments, councilmember commentary, approval of the consent agenda, and action on several resolutions and ordinances. Notable items included a resolution opposing a proposed Black Hills Energy rate increase, approval of council contingency requests, street name changes to honor Medal of Honor recipients, a zoning change for a new fire station, and the dismissal of an ethics complaint against Councilor Dennis Flores.

Consent Calendar

• Approved resolutions M1 through M12, including construction contracts, professional services agreements, emergency repairs, appointments, a special event permit, and adoption of new policies for public records retrieval and copying.
• Set public hearings for ordinances on first presentation for August 12, 2024, and ordered publication by title.

Public Comments & Testimony

• Kathy Nichols (longtime resident) expressed concern over what she described as a “war on the homeless” in Pueblo, citing recent incidents. She urged council to be mindful of the message sent by ordinances affecting homeless individuals.
• Dave DeSenzon spoke against the city’s 2035 carbon-free pledge, arguing it leads to higher electricity costs. He advocated for revising the pledge, enabling Black Hills Energy to use the cheapest power, and removing the Black Hills franchise fee or city sales tax on electricity.
• Elvis Martinez condemned the assassination attempt on former President Trump, urged reconsideration of previously rejected neighborhood ideas (specifically a memorial bench for a child killed by gunfire), opposed charter amendment N14 (raising signature requirements for mayoral candidates), and argued that an ethics complaint against Councilor Flores should be dismissed because the alleged relationship does not meet the municipal code definition of a relative.
• Ron Petty (three-year resident) praised recent community policing efforts, thanked council for stopping the needle exchange program, and offered to start a task force on homelessness. He distinguished between homelessness and lawlessness.
• Rob Grinstead (former IBEW official) described his personal efforts to provide hydration (water, ice, popsicles) to homeless individuals during extreme heat. He asked council for guidance and partnership with Parks and Recreation to supply water, ice, and Gatorade, noting that current homeless resources do not cover hydration.
• Diane Dante alerted the public to Black Hills Energy’s request before the Colorado Public Utilities Commission (PUC) for a rate increase that would raise the average residential bill from $109.67 to $129.81 per month (for 600 kWh). She provided instructions for submitting comments to the PUC on case number 24AL-0275E and encouraged community members to protest online.

Discussion Items

• Resolution M13 – Opposition to Black Hills Energy Rate Increase (Moved from consent to regular agenda): Councilmember Mark Aliff read the resolution, which opposes Black Hills’ request before the PUC. The resolution cites that Black Hills customers pay significantly more than customers of other Front Range utilities (e.g., $145 for 700 kWh vs. under $100 for Xcel and under $84 for Fort Collins). The resolution was passed unanimously 6-0.
• Council Contingency Requests:
  • Q1: $2,000 to the Genealogical Society of Hispanic America (Fray Angelico Chavez chapter) for their annual conference at CSU Pueblo (September 27–29, 2024). Approved 4-2 (vote tally as stated: “Passes four to” – likely 4 in favor, 2 opposed, but exact count not fully clear).
  • Q2: $2,000 to the Benevolent Endowment Fund of Pueblo Elks Lodge No. 90 for Brotherhood Night (August 10, 2024) supporting veterans and military families. Approved 5-1.
• Ordinance R1 – Street Name Change to Carl Sitter Parkway (Vision Hills Parkway): No properties affected. Passed 6-0.
• Ordinance R2 – Street Name Change to William Crawford Avenue (Tobias T. Avenue): No properties affected. Passed 6-0.
• Ordinance R3 – Street Name Change to Warren Dockham Road (Dockham Road): Added first name for consistency with other Medal of Honor street names. One sign adjustment required. Passed 6-0.
• Ordinance R4 – Rezone 1.74 acres for Fire Station 11 (from PUD to S1 governmental use at 3205 West 24th Street). Planning and Zoning Commission recommended 7-0. Passed 6-0.
• Ordinance R5 – Grant from Caring for Colorado Foundation ($7,500 for DOTS program ramps). Passed 6-0.
• Ordinance R6 – Transfer of Remaining EV Vehicle Funds: Authorizes transfer of $237,450 from Project PST 2202 (originally for EV purchases) to the Public Safety Sales Tax fund for upfitting police vehicles. Chief Noeller explained that the EV vehicles have proven impractical for patrol use. Passed 6-0.
• Ordinance R7 – Purchase of 650 Ditmer Property ($1.3 million contract, $2 million total project budget) for relocating law department, HR, and civil service. Passed 6-0.
• Ordinance R8 – Participation in National Opioids Settlement with Kroger: Allows city to receive and use settlement funds for opioid-related projects. Passed 6-0.
• Ordinance R9 – Residency Requirement Amendment (Residency for unclassified employees expanded from city limits to Pueblo County). Staff noted that this change aligns with practices in other Colorado cities and aims to broaden the applicant pool. Passed 5-1.
• Ethics Complaint against Councilor Dennis Flores (Communication T1): Staff attorney Sykes reported that the complaint, filed by Chris Nichols, failed to state a claim under the city’s ethics code. Alleged relationship with Charles Hernandez (second cousin through deceased wife) does not meet the definition of “family,” and the second allegation of religious bias does not apply because political committees are not a protected class. Council accepted the communication (5-0) and then voted 5-0 to dismiss the complaint without investigation (Councilor Flores excused himself from the discussion and vote).

Key Outcomes

• Resolution M13 opposing Black Hills Energy’s PUC rate request passed 6-0; copies will be transmitted to the PUC. Council will host community hearings with the PUC on the matter.
• The City will facilitate a community process to oppose the Black Hills rate increase, and the mayor’s office will set up public hearings with the PUC.
• Councilor Aliff pledged to contact Rob Grinstead regarding his hydration efforts.
• Street name changes for Medal of Honor recipients (Carl Sitter Parkway, William Crawford Avenue, Warren Dockham Road) were approved, with dedications to be coordinated by the mayor’s office and public works.
• The zoning for Fire Station 11 was approved; construction is anticipated to serve western Pueblo.
• The police department will transfer EV purchase funds to upfit conventional vehicles, phasing out most EVs for patrol due to size and range limitations.
• The purchase of 650 Ditmer for administrative offices was authorized, with closing scheduled for September 27, 2024 or sooner.
• The city will participate in the national opioids settlement with Kroger.
• Residency requirements for unclassified directors and managers were relaxed to county-wide.
• The ethics complaint against Councilor Flores was dismissed without further investigation.