Pueblo City Council Meeting - September 9, 2024

This regular meeting of the Pueblo City Council convened on Monday, September 9, 2024, at 7:00 PM in City Council Chambers. The agenda included public forum comments, consent agenda approvals, multiple resolutions and ordinances on first and final reading, and a public hearing on two urban renewal plans. Key actions included passage of a shopping cart management ordinance (4-3), designation of the City Park Bath House as a local historic landmark (4-3), approval of a collective bargaining agreement with police (7-0), and dismissal of an ethics complaint against Councilor Latino (6-0).

Consent Calendar

• Approved resolutions M1-M2 (construction contracts for Mineral Palace Greenhouse and Dillon Drive improvements), M4-M5 (fund transfers for Mitchell Park gazebo and sewer repairs), M6-M9 (appointments to various boards), M10-M12 (revocable permits for farmers market, block party, and Oktoberfest), M13 (transportation relocation study contract).
• Approved ordinances N1-N18 on first reading (including zoning changes, staffing adjustments, intergovernmental agreements, and a concealed carry amendment for City Hall), setting public hearings for September 23, 2024.

Public Comments & Testimony

• Gus Garcia (veterans advocate): Expressed frustration with 501(c)(3) organizations for failing to assist a disabled veteran seeking employment and an oxygen concentrator. Described a homeless father forced to relinquish his children due to lack of housing. Called for better coordination among service providers.
• Bill Genovies: Opposed taxpayer-funded clean needle programs, calling them enabling of drug use. Raised concerns about immigrants seeking "free money" and housing, contrasting with alleged neglect of veterans. Criticized the lottery system for public comment.
• Christy Bynum: Condemned the city's September 3, 2024, cleanup of encampments along Fountain Creek, alleging inhumane displacement, destruction of vegetation (increasing flood risk), and harm to wildlife. Claimed the mayor's count of fewer than five individuals was inaccurate and that dozens were affected. Urged council to provide designated camping sites and support services.
• Amanda Welky Soto (formerly homeless): Shared personal experience of homelessness and advocated for designated safe camping sites, regular trash pickups, and incentive programs for cleanup. Cited successful programs in Seattle, San Francisco, and Portland. Called for coordinated city services and improved communication.
• Unnamed speaker (elderly, disabled): Expressed despair over being forced into unsafe living conditions and inability to access assisted living. Stated, "Nobody's listening to a word I've said."
• Doug Crow: Supported Councilor Gomez's vehicle noise initiative, citing being woken multiple times nightly by loud vehicles near his home. Urged enforcement of existing noise ordinances.
• Bessemer resident (speaking on urban renewal plans): Supported the West Pueblo and Colorado Smelter Urban Renewal Plans but expressed concerns about implementation, lack of communication with property owners, and safety issues such as drug activity and theft in Bessemer. Urged council to prioritize existing residents.
• Pam Kochman (Colorado Smelter neighborhood representative): Emphasized that residents lack expertise to redevelop Superfund-affected neighborhoods. Supported urban renewal as essential to revitalize areas like Northern Avenue, Bessemer, and Bojon Town.
• Dimitri Barton (Bojon Town resident): Described chronic drug activity, syringes, stolen vehicles, and gunfire in his neighborhood. Said he has collected over 200 syringes personally. Pleaded for action and noted that his soil has not been replaced compared to others' properties.

Discussion Items

Urban Renewal Plans (Items R17, R18)

• West Pueblo Urban Renewal Plan: Staff explained it would assist the Pueblo County Judicial Center and address infrastructure bottlenecks (roads, sewer, stormwater) over 25 years. County will receive 50% TIF rebate for eligible costs. Also supports a new library site. Councilor Maestri questioned the lack of specific commitments; Executive Director Pacheco noted the plan is aspirational and subject to future board decisions. Passed 6-1.
• Colorado Smelter Urban Renewal Plan: Smaller first-phase district focused on Bessemer and Isler's neighborhoods, designed to avoid a tax-decrement scenario seen in other areas. Staff highlighted urban renewal's power to condemn private property for private reuse. Councilor Maestri again sought more specifics. Passed 6-1.

Shopping Cart Ordinance (Item R1)

• Staff reported 4,306 carts collected since January 2023, costing the city $24,000–$50,000 annually, with retail replacement value of $1–$1.3 million. The ordinance requires large retailers to submit a management plan to keep carts on their property. Failure to pay impound fees could result in business license denial. Mayor has discretion to waive fees through December 2026.
• Supporters (Councilors Flores, Latino, Martinez; Mayor): Argued it holds stores accountable, incentivizes cart retrieval, and reduces city cleanup costs. Mayor noted 4,306 carts collected.
• Opponents (Councilors Maestri, Aliff, Gomez): Contended it penalizes victims of theft, does not address root cause of stolen carts, and could deter businesses. Councilor Maestri said, "No one's accountable for their actions."
• Passed 4-3 (Aliff, Gomez, Maestri opposed).

City Park Bath House Historic Landmark (Item R6)

• Preservationists and George family argued the WPA-era building (circa 1938) is salvageable, and a new tennis facility could be built in a different location without demolishing it. Offered $20,000 towards a study. Structural engineer and architect for the city countered that the foundation is deteriorating, relocation would delay construction and risk $500,000 in ARPA funds (must be obligated by December 1, 2024), and cost $1.7 million for new building vs. $3.4 million to renovate.
• Supporters: Councilors Gomez, Latino, Flores, Martinez – cited historic significance, structural soundness, and possibility of compromise.
• Opponents: Councilors Maestri (process concerns), Aliff, Boston (voted no? Actually votes: Aliff? Not clear; final vote 4-3 in favor. Need to check roll call: Aliff? In transcript: Mark Aliff? No, Brett Boston? No. Dennis Flores yes. Roger Gomez yes. Joe Latino yes. Regina Maestri no. Sarah Martinez yes. So Aliff and Boston voted no? Actually Aliff is not listed as a yes; he said "No" earlier? In transcript after call: Mark Aliff? No. Brett Boston? No. So 4-3: yes: Flores, Gomez, Latino, Martinez; no: Aliff, Boston, Maestri.)
• Passed 4-3.

Police Collective Bargaining Agreement (Item R7)

• 2025 wage increases: 7% for patrol officers/corporals, 10% for sergeants – to reach 85% market benchmark. Total cost: $1.64 million in 2025. Three-year contract with wage reopeners. Police union president and chief testified in favor, citing increasing call volume (147,964 calls projected for 2024) and need for retention. Public comment from a citizen described a successful SWAT operation. Passed 7-0.

Ethics Complaint Against Councilor Latino (Item T1)

• A citizen, Michael Ford (candidate for at-large seat), filed a complaint alleging Councilor Latino defamed Bradford Elementary and engaged in official misconduct by claiming a child was stuck by a needle, and for being a member of "Forging Pueblo." City Attorney stated the complaint failed to state a claim: no malice shown, and membership in a political organization is not prohibited. Councilor Maestri condemned the complaint as irresponsible, noting the reporter admitted error. Motion to dismiss passed 6-0.

Other Discussion Items

• M3 - Shuttle Study: Awarded $200,000 contract to study a commuter shuttle to Pueblo Airport Industrial Complex. Councilor Aliff questioned need for expensive study; staff responded it evaluates feasibility of expanded service hours. Passed 7-0.
• M14 - Council Ordinance Procedure: Proposed resolution requiring work sessions before council-initiated ordinances. Failed 5-2 (Flores and Martinez for; others against).
• N19 - Animal Services Contract Amendment: Increased compensation to Humane Society by $100,000 for increased services (amended to remove specific spay/neuter language). Passed 6-1.
• Q1, Q2 - Sponsorships: Approved $2,500 for Pueblo Choral Society Christmas event and $1,000 for Latino Chamber Lifetime Achievement Award. Q1 passed 6-1 (Gomez opposed); Q2 passed 7-0.
• R8-R9 - CIRV Program Manager: Added one full-time grant-funded position for community violence intervention. Passed 7-0.

Key Outcomes

• Shopping Cart Ordinance (R1) – Approved 4-3; retailers must submit management plans.
• City Park Bath House Historic Landmark (R6) – Designated 4-3; building preserved but future use still under discussion.
• Police Collective Bargaining (R7) – Approved unanimously, including 7-10% wage increases for 2025.
• Ethics Complaint Dismissed (T1) – 6-0; complaint found to lack merit.
• Urban Renewal Plans (R17, R18) – Both approved 6-1 (Maestri opposed each).
• Other Items: All remaining resolutions and ordinances passed as noted, with most receiving unanimous or majority support.
• Councilor Latino Excused prior to the ethics complaint discussion due to conflict of interest.