Regular City Council Meeting – October 28, 2024

Meeting start: 7:08 PM. Location: City Council Chambers, City Hall. Roll call: All seven council members present. The meeting included two proclamations, a public hearing on the proposed 2025 annual budget, public forum, council commentary, consent agenda approval, final reading of seven ordinances, nine quasi-judicial hearings, an emergency ordinance, and the dismissal of an ethics complaint. Key votes included passage of ordinances moving liquor and marijuana licensing to a hearing officer (R1 and R2), failure of a non-essential food tax ordinance (R5), and denial of a rezoning for a banquet hall at 634 Goodnight Avenue (S6).

Special Recognitions

• Proclamation declaring October 2024 as “Code Compliance Month” in Pueblo. Code Enforcement Manager Karen Willson and staff accepted.
• Proclamation declaring October 31, 2024 as “Pueblo Water Day” to celebrate the 150th anniversary of the Holly Pump Station and Pueblo Waterworks. Seth Clayton, Executive Director of Pueblo Water, accepted. Pueblo Water now serves over 113,500 customers.

Public Comments & Testimony

Public Forum (Item F):

• Sarah Short (via Zoom): Expressed opposition to abortion, describing her experience with a premature child and advocating against abortion rights. [Position: anti-abortion]
• Ted Freeman: Criticized past city spending via PEDCO, urged repurposing the half-cent sales tax (approx. $60 million saved) for community projects, and called for prioritizing Pueblo residents over tourists.
• Catherine Castillo: Expressed disappointment that the city council had already voted on the abortion clinic issue (before the meeting date she expected). Opposed abortion and urged a “no” vote on Colorado Amendment 79, which would enshrine abortion rights in the state constitution. [Position: anti-abortion]
• Christine O’Reilly: Opposed abortion, stated that the city’s prayers are meaningless if they allow abortion, and urged a “no” on Amendment 79. [Position: anti-abortion]
• Margot Harriman: Shared personal experience of having an abortion 39 years ago, described regret and harm, and urged the city council to close abortion clinics. Cited statistics: 81% of women experience harm; one in seven go to the ER. Opposed Amendment 79. [Position: anti-abortion]
• Coza Mendoza (Southern Colorado Harm Reduction Association): Opposed proposed budget cuts to nonprofits, arts, zoo, and Latino Chamber of Commerce. Criticized increased police budget and spending on lawsuits against harm reduction services. [Position: pro-nonprofit funding, anti-police increase]

Public Hearing K1 – Proposed 2025 Annual Budget (testimony only, no council action):

• Ken Dante: Supported energy efficiency efforts and suggested the city explore revenue from EV chargers.
• Noah Cumberford (Latino Chamber of Commerce): Spoke against proposed cuts to nonprofits. Noted the Chamber serves 550 members, hosts 50+ events/year, and added a full-time position. Asked for shared sacrifice.
• Dr. Nicole Ferguson (Mariposa Center for Safety): Stated the center received an invitation to apply for non-departmental funding but is now proposed at $0. Criticized lack of transparency; highlighted that domestic violence caused five fatalities in Pueblo in 2023 and 58 statewide. Asked council to reconsider.
• Alvis Martinez: Questioned the $1 million “Your Neighborhood, Your Idea” program funding; criticized proposed salary increase for Chief of Staff McCain (from ~$120,000 to ~$183,000) while cutting nonprofits like Mariposa, Latino Chamber, Pueblo Food Project ($40,000 to $0), and Mount Carmel Veteran Service Center ($0). Proposed smaller cuts to the zoo, State Fair, and SRDA.
• Andy Sanchez (Sangre de Cristo Arts Center): Requested $150,000 (down from $300,000) instead of $0. Cited economic impact of $4.5 million/year, 30,000 visitors from School of Dance, and 1,000 veteran visits annually. Loss of funding would result in loss of 13 jobs.
• Wendy Rapp (Arts Center board): Read a letter from the Jackson Foundation urging restoration of funding, calling the Arts Center “Pueblo’s gem.”
• Karen V. Hill (Arts Center): Presented a video showing the center’s veteran art program and testimonials from out-of-town visitors who chose Pueblo for the arts.
• Eleonora Bartoli: Requested the city consider selling the bathhouse to a group that wants to save it, rather than demolishing it.
• Jordan Everhart (Mariposa board): Urged council to consider the harm of eliminating all funding for domestic violence shelter services.
• Amber Dawn (Kirby Red Girl Creations): As a domestic violence survivor and artist, opposed cuts to arts and Mariposa funding; stressed the importance of art programs for healing.
• Chayla: Opposed $8.5 million increase to police budget and cuts to nonprofits; argued that police cannot solve social problems.
• Brett Verna (Visit Pueblo): Opposed cutting Visit Pueblo’s funding by $250,000. Noted Pueblo generates $1.8 million in lodging tax and gave Visit Pueblo $900,000. Cutting would lose $10 million in tourism revenue. Also offered to help save the tennis court building in City Park at no cost.

Council Member and Mayor Commentary

• Mayor Heather Graham: Reminded public of Black Hills energy rate hearing (Oct 29-30, 5-8 PM). Thanked volunteers for the weekend cleanup and announced city began clearing the “jungle” homeless encampment; an emergency ordinance would allow 710 W. 4th St. to operate as an overnight shelter for an additional 49 people.
• Councilor Dennis Flores: Announced the “Pueblo Economic Dashboard” will no longer require city funding ($75,000/year) as PEDCO and the business community will take it over. Economic forum on November 8 at PCC.
• Councilor Roger Gomez: No comments.
• Councilor Sarah Martinez: Praised volunteer Marty Harvey for her full-day participation in the cleanup; urged others to volunteer.
• Councilor Regina Maestri: Encouraged everyone to stand for their priorities and value systems.
• Councilor Mark Aliff: Highlighted the USA Boxing Under-19 World Championships in Pueblo (Oct 26 – Nov 2), noting 25 countries represented.
• Councilor Larry Latino: Expressed strong anti-abortion stance; praised Pueblo as “home of heroes.”

Consent Agenda (Items M1-M6, N3) – Approved 7-0

• M1: Emergency storm sewer repair contract to Miller Pipeline LLC ($143,275) with change order ($23,415).
• M2: Mitchell Park shelter contract to Nunez Construction ($39,156.06).
• M3: Emergency storm sewer repair at Evans & Washington to Russ Grading & Excavating ($22,487) with change order ($75,978.91).
• M4: Adopt 2024 Pueblo County Hazard Mitigation Plan.
• M5 & M6: Table annexation actions for Pueblo Recreation Resort Nos. 1 & 2 for up to 180 days.
• N3: Rezone 2.39 acres from I-3, S-1, S-3 to I-3, and 2.72 acres from S-1 to I-2 (Industrial).

Ordinances – Final Presentation

• R1 (Marijuana code – hearing officer): Passed 5-2. Replaces citizen board with a single hearing officer (Judge Dunford). Staff cited cost savings and efficiency. Councilors Flores and Boston opposed, citing loss of citizen involvement.
• R2 (Alcohol code – hearing officer): Passed 6-1 (Councilor Boston opposed). Same rationale as R1.
• R3 (Multimodal grant for Kids Ride Free): Passed 7-0. Accept $65,000 CDOT grant; youth ridership grew from 35,000 in first year to 65,000 rides in 2024 (Jan-Oct).
• R4 (Charitable sales tax exemption): Passed 7-0. Raises occasional-sale threshold from $25,000 to $45,000 to match state, with future automatic matching.
• R5 (Non-essential food articles tax): Failed 5-2 (5 against, 2 for). Would have taxed plastic utensils, napkins, etc. Councilor Martinez and Maestri opposed, citing added cost to consumers and businesses. Councilor Gomez supported as revenue measure.
• R6 (Abatement lien certification): Passed 7-0. Certifies unpaid weed/litter/board-up liens to county treasurer for collection; program has collected over $1.1 million since 2015.
• R7 (Key Structures/Aboda Pueblo – employment agreement amendment): Passed 7-0. Approves letter of credit ($1,225,414.71), subordination, and adds Aboda as jointly liable. Business is selling to Aboda; will continue modular home production.

Quasi-Judicial Proceedings

• S1-S4 (North Vista Highlands Filings 10, 11, 12, 13): All passed 7-0. Subdivides a total of 126.5 acres into 442 single-family lots (approx. 100-130 per filing). Market-rate housing. Park dedications meet PUD requirements (7.5 acres per 1,000 residents).
• S5 (Divine Science Church – local historic landmark): Passed 7-0. Designates 115 E. Routt Ave., 1884 church in Gothic Revival style, to access state grants.
• S6 (Rezone 634 Goodnight Ave – banquet hall): Failed 4-3. Proposed R2 to CCN (Commercial Charter Neighborhood) to allow banquet hall. Councilor Martinez opposed due to neighbor complaints about noise, parking, and liquor. Applicant stated only half the building useable (about 120 guests) and parking variance approved by Zoning Board of Appeals subject to rezoning. Councilor Martinez’s district constituents opposed.
• S7 (Rezone 3215 Lake Ave – former dog track): Passed 6-1 (Councilor Boston opposed). Rezone from I-2 to R-6 (mixed-use residential/commercial) to allow redevelopment with multifamily, hotel, commercial.
• S8 (Belmont Place PUD rezone to B3, R2, R5): Passed 7-0. Dissolves PUD into three standard zone districts, aligning with existing land use map.
• S9 (Belmont Place Filing 1 subdivision): Passed 7-0. Creates six commercial lots and four non-buildable parcels.

Emergency Ordinance

• T1 (710 W. 4th St. emergency shelter): Passed 7-0. Authorizes the mayor to operate the property as an overnight emergency shelter during declared shelter emergencies (up to 49 beds). Fire department approved occupancy. Existing year-round shelter authority continues.

Ethics Complaint (Item U1)

• Councilor Regina Maestri recused herself. Complaint filed by Jason Ford alleging failure to disclose a personal interest in a vote on a roof repair contract. Law department opined complaint was patently false and failed to state a claim. Council voted 6-0 to dismiss the complaint without investigation.

Key Outcomes

• R1 and R2 approved: Transition to hearing officer for marijuana and liquor licensing (effective upon state approval).
• R5 failed: Non-essential food articles will remain untaxed.
• S6 failed: Banquet hall at 634 Goodnight Ave will not be rezoned.
• S7 approved: Former dog track at 3215 Lake Ave slated for mixed-use redevelopment.
• T1 approved: 710 W. 4th St. can be used as emergency shelter during cold weather.
• Ethics complaint dismissed.
• Consent agenda and most other items approved unanimously.