REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS - CITY HALL MONDAY, FEBRUARY 13, :00 P.M. MINUTES

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1 CITY COUNCIL CHAMBERS - CITY HALL MONDAY, 7:00 P.M. A. CALL TO ORDER President Stephen G. Nawrocki B. INVOCATION Pastor Charlie Jones, Fellowship of the Rockies C. PLEDGE OF ALLEGIANCE D. ROLL CALL Council Members Present: Ray Aguilera, Larry Atencio, Ed Brown, Steve Nawrocki, Chris Nicoll, Bob Schilling and Lori Winner Administrative Staff Members Present: City Manager Sam Azad, City Attorney Dan Kogovsek and City Clerk Gina Dutcher E. SPECIAL RECOGNITIONS: None submitted F. PUBLIC FORUM Name of Individual Floyd Jaramillo Merril Combs Larry Fancher Ted Freeman Dave DeCenzo Mike Donaldson Topic of Comment/Issue Gave an update on the 2016 Mama s Christmas Stocking Giveaway and is bothered that the City did not donate for this worthy event. Also, feels it is Taxation Without Representation for the Eastside. Comments in regard to the Superfund Site Feels the presentation made by the ADA Committee at Work Session was very good. Also, expressed issues facing the community involving beggars at the main thoroughfare intersections of the City Expressed comments in regard to the City s Code of Ethics and stated he believes that how it currently reads is unconstitutional Addressed the lawsuit filed by Janet Wilson against the City for legal fees she incurred to fight a city citation. Also, expressed comments on mandatory trash service and the proposal for Council to make Pueblo 100% renewable energy A need for additional officers should be a priority. Also, comments in regard to the homeless population G. COUNCIL MEMBER COMMENTARY Council members expressed comments regarding community-related issues and events/functions they attended. H. REVIEW OF THE AGENDA The agenda was reviewed page by page. Mr. Azad asked that item number Q-11 (Resolutions) be removed from the agenda.

2 I. APPROVAL OF THE AGENDA REGULAR CITY COUNCIL MEETING JANUARY 23, 2017 PAGE TWO Ms. Winner seconded by Mr. Brown moved to amend the agenda and remove item number Q-11 (Resolutions) from the Agenda, and approve the agenda as amended. J. READING AND APPROVAL OF Mr. Brown, seconded by Mr. Schilling moved to dispense with the reading and approve the Minutes of the Regular Meeting dated Monday, January 23, 2017 as distributed. K. CONSENT AGENDA L. COMMUNICATIONS: None Submitted M. RESOLUTIONS M-1 RESOLUTION NO ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY BLAZER LEASING, LLC, A COLORADO LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF STORMWATER DRAINAGE M-2 RESOLUTION NO AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $16, TO PARKER EXCAVATING INC., FOR EMERGENCY SANITARY SEWER POINT REPAIR AT 117 EAST ORMAN AVENUE AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME M-3 RESOLUTION NO AWARDING A BUILDING DEMOLITION CONTRACT IN THE AMOUNT OF $9, TO DIRT & DEMO, INC., FOR PROJECT NO DEMOLITION OF STRUCTURES AT 2145 HELLBECK DRIVE AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME M-4 RESOLUTION NO APPROVING A CONTRACT TO SELL AND PURCHASE REAL ESTATE AND A SPECIAL WARRANTY DEED BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND C STREET, LLC RELATING TO THE SALE OF A PARCEL OF LAND AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME M-5 RESOLUTION NO APPROVING A LICENSE AGREEMENT BETWEEN ZAYO GROUP, LLC AND THE CITY OF PUEBLO RELATING TO THE PLACEMENT OF TELECOMMUNICATIONS FACILITIES UPON AND WITHIN PUBLIC RIGHTS OF WAY, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME M-6 RESOLUTION NO AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO APEX COMPANIES LLC FOR THE INSTALLATION OF SOIL AND GROUNDWATER REMEDIATION INFRASTRUCTURE WITHIN THE COURT STREET RIGHT-OF-WAY BETWEEN 14TH STREET AND 15TH STREET

3 PAGE THREE RESOLUTIONS (Continued) M-7 RESOLUTION NO APPROVING A TIME EXTENSION FOR THE COMPLETION OF DEFERRED FILINGS FOR THE SOUTHERN COLORADO CLINIC, FILING NO. 1 SUBDIVISION M-8 RESOLUTION NO AMENDING THE VACANT LOT RECYCLE PROGRAM TO EXPAND THE TYPES OF ACTIVITIES UNDERTAKEN TO BETTER MEET COMMUNITY NEEDS AND TO MEET REQUIREMENTS OF THE NEIGHBORHOOD STABILIZATION PROGRAM 3 GRANT M-9 RESOLUTION NO APPROVING A LETTER OF INTENT TO COLLABORATE IN FUTURE PLANNING AND DEVELOPMENT OF THE BLACK HILLS ENERGY PUEBLO SERVICE CENTER, LOCATED AT 105 S. VICTORIA AVENUE, PUEBLO, COLORADO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAID LETTER OF INTENT M-10 RESOLUTION NO APPOINTING A MEMBER TO THE SANGRE DE CRISTO ARTS AND CONFERENCE CENTER BOARD OF TRUSTEES (WARREN DIODOSIO) M-11 RESOLUTION NO AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), BY THE CITY OF PUEBLO A MUNICIPAL CORPORATION, FOR THE PURPOSE OF HIRING ELEVEN (11) FIREFIGHTERS N. ORDINANCES FIRST PRESENTATION N-1 AN ORDINANCE AMENDING APPROPRIATIONS AND COMPILING PREVIOUS AMENDMENTS TO THE GENERAL FUND, SPECIAL REVENUE FUNDS, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, DEBT SERVICE FUNDS, AND CAPITAL PROJECT FUNDS FOR THE FISCAL YEAR 2016 AND AMENDING THE BUDGET FOR THE YEAR Submitted for First Presentation Public Hearing Was Set for Monday, February 27, 2017 Notice of Hearing Was Ordered N-2 AN ORDINANCE ESTABLISHING THE OUTLOOK BLVD. AND WILLS BLVD. CONSTRUCTION PROJECT CI1703, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,100,000 INTO SAID PROJECT -- Submitted for First Presentation Public Hearing Was Set For Monday, February 27, 2017 Notice Of Hearing Was Ordered N-3 AN ORDINANCE ESTABLISHING THE FOUNTAIN CREEK LEVEE STORM SEWER REPLACEMENT PROJECT SW1702 LEVEE PIPE PROJECT - 4TH STREET AND ERIE AVENUE, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $278, AND TRANSFERRING FUNDS -- Submitted for First Presentation Public Hearing Was Set For Monday, February 27, 2017 Notice Of Hearing Was Ordered

4 PAGE FOUR N. ORDINANCES FIRST PRESENTATION (Continued) N-4 AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, & EXPLOSIVES (ATF); COLORADO SPRINGS POLICE DEPARTMENT; EL PASO COUNTY SHERIFF S OFFICE; FOUNTAIN POLICE DEPARTMENT; COLORADO BUREAU OF INVESTIGATION (CBI); FOURTH DISTRICT ATTORNEY S OFFICE; COLORADO DEPARTMENT OF CORRECTIONS DIVISION OF ADULT PAROLE, COMMUNITY CORRECTIONS, & YOUTH OFFENDER SERVICES; TENTH DISTRICT ATTORNEY S OFFICE; UNITED STATES ATTORNEY S OFFICE FOR THE DISTRICT OF COLORADO; AND THE PUEBLO POLICE DEPARTMENT (PPD), AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME -- Submitted for First Presentation Public Hearing Was Set For Monday, February 27, 2017 Notice Of Hearing Was Ordered N-5 AN ORDINANCE VACATING A PEDESTRIAN EASEMENT LOCATED WITHIN LOT 8, BLOCK 3, WEST LEE HILLS, FILING NO 1 -- Submitted for First Presentation Public Hearing Was Set For Monday, February 27, 2017 Notice Of Hearing Was Ordered N-6 AN ORDINANCE AMENDING THE FISCAL YEAR 2017 STAFFING ORDINANCE BY REVISING A POSITION WITHIN THE LAW DEPARTMENT, ABOLISHING A POSITION IN THE WASTEWATER DEPARTMENT AND DOWNGRADING A POSITION WITHIN THE STORMWATER DEPARTMENT -- Submitted for First Presentation N-7 AN ORDINANCE CREATING NEW TITLE XV, CHAPTER 1, SECTION 12 OF THE PUEBLO MUNICIPAL CODE RELATING TO PEDESTRIAN USE OF NARROW OR DOMED MEDIANS ON HIGHER VOLUME AND HIGHER SPEED ROADWAYS, AND PROVIDING PENALTIES FOR VIOLATION -- Submitted for First Presentation Public Hearing Was Set For Monday, February 27, 2017 Notice Of Hearing Was Ordered N-8 AN ORDINANCE AMENDING SUBSECTION C OF SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE FOR THE PURPOSE OF ELIMINATING THE DISTANCE RESTRICTION CONTAINED IN (1)(D)(I), C.R.S., WITH RESPECT TO HOTEL AND RESTAURANT LIQUOR LICENSES ON PREMISES LOCATED IN THE THUNDER VILLAGE BUSINESS DISTRICT NEAR THE CAMPUS OF COLORADO STATE UNIVERSITY PUEBLO -- Submitted for First Presentation Public Hearing Was Set For Monday, February 27, 2017 Notice Of Hearing Was Ordered O. APPROVAL OF CONSENT AGENDA Mr. Brown, seconded by Mr. Schilling, moved to Approve all Resolutions set forth in the Consent Agenda, Pass the Ordinances of the Consent Agenda on First Presentation, Set the Public Hearings for Monday, February 27, 2017 and order Ordinances of the Consent Agenda to be published BY TITLE.

5 P. REGULAR AGENDA Q. RESOLUTIONS REGULAR CITY COUNCIL MEETING PAGE FIVE Q-1 RESOLUTION NO ADOPTING A VISION OF 100% RENEWABLE ENERGY POWERING THE CITY OF PUEBLO S ELECTRIC NEEDS BY 2035 This Resolution was submitted by Councilman Larry Atencio Public Comments were received from the following individuals: In favor of the Resolution: Frank Cordova Mearl Cooper Dave Cockrill Natasha Kiler Against the Resolution Dave DeCenzo Mr. Aguilera, seconded by Mr. Schilling moved to approve the Resolution. Q-2 RESOLUTION NO SUPPORTING THE USE OF BANKS OF THE ARKANSAS AS A THEME SONG FOR THE CITY OF PUEBLO This Resolution was submitted by Councilman Chris Nicoll Public Comment was received from George Samaras and the Song was Played for the Council Mr. Schilling, seconded by Mr. Brown moved to approve the Resolution. Q-3 RESOLUTION NO ADOPTING POLICIES AND PROCEDURES FOR CITY BOARDS, COMMISSIONS, COMMITTEES AND ADVISORY BOARDS AND SETTING TERM LIMITS A staff report and detailed review of the Resolution was given by Gina Dutcher, City Clerk Public Comment was received from Ted Freeman. Ms. Dutcher addressed Mr. Freeman s questions Mr. Schilling, seconded by Mr. Brown moved to approve the Resolution.

6 PAGE SIX Q. RESOLUTIONS (Continued) Q-4 RESOLUTION NO APPOINTING TWO MEMBERS TO THE PUEBLO URBAN RENEWAL AUTHORITY A staff report and detailed review of the Resolution was given by Gina Dutcher, City Clerk Mr. Nicoll, seconded by Ms. Winner moved to approve the Resolution inserting the names of Roger Gomez and Kenneth West for five-year terms expiring February 1, Vote on the Motion to appoint Mr. Gomez and Mr. West: Roll Call -- Ayes: Nicoll and Winner. Nays: Aguilera, Atencio, Brown, Nawrocki, and Schilling Motion Failed 5-2. A vote of all seven applicants was taken by paper ballot of and tallied by Mr. Kogovsek. Ms. Dutcher read the results into the record: Aguilera: Louie Carleo Atencio: Louie Carleo Brown: Louie Carleo Ralph Williams Ralph Williams Ralph Williams Nawrocki: Louie Carleo Nicoll: Roger Gomez Schilling: Louie Carleo Ralph Williams Kenneth West Kenneth West Winner: Roger Gomez Kenneth West Louie Carleo received 5 votes, Ralph Williams received 4 votes, Kenneth West received 3 votes, Roger Gomez received 2 votes, Donald Bruestle received 0 votes, James Burt received 0 votes and Rudolph Martine received 0 votes. Mr. Schilling, seconded by Mr. Brown moved to approve the Resolution inserting the names of Louie Carleo and Ralph Williams for five-year terms expiring February 1, 2022 Q-5 RESOLUTION NO APPOINTING A MEMBER TO THE RETAIL AND MEDICAL MARIJUANA LICENSING AUTHORITY A staff report and detailed review of the Resolution was given by Gina Dutcher, City Clerk Mr. Nicoll, seconded by Mr. Brown moved to approve the Resolution inserting the name of Robert James to complete the term expiring July 1, 2018

7 PAGE SEVEN Q. RESOLUTIONS (Continued) Q-6 A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET IN THE AMOUNT OF $6,000 TO THE PUEBLO ZOOLOGICAL SOCIETY FOR REPAIR OF GLASS AT THE OTTER EXHIBIT A staff report and detailed review of the Resolution was given by Mr. Azad Mr. Brown, seconded by Mr. Schilling moved to approve the Resolution. A brief discussion in regard to the proposed funding projects using $125,000 from the Council Contingencies Account was held. Ms. Winner, seconded by Mr. Nicoll moved to allocate $100,000 from the Council Contingencies Account to Streetscape Projects, remove agenda item numbers Q-6, Q-7, Q-8, Q-9, Q-10, Q-12, S-1, S-2 and S-3 from the agenda, and leave $25,000 in the Council Contingencies Account for future allocations. Discussion regarding the motion by Ms. Winner was held. Vote on the Motion made by Ms. Winner: Roll Call -- Ayes: Winner and Schilling. Nays: Aguilera, Atencio, Brown and Nawrocki, Nicoll. Motion FAILED 5-2 Vote on the Motion to Approve the Resolution: Roll Call -- Ayes: Brown, Nicoll and Schilling. Nays: Aguilera, Atencio, Nawrocki and Winner. Motion FAILED 4-3 Q-7 RESOLUTION NO AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET IN THE AMOUNT OF $200 TO BELMONT ELEMENTARY SCHOOL TO SPONSOR THEIR VETERANS ASSISTANCE FUNDRAISING PROJECT was submitted by Councilman Nicoll Mr. Schilling, seconded by Mr. Brown moved to approve the Resolution. Q-8 RESOLUTION NO AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET TO THE PUEBLO MEMORIAL AIRPORT IN THE AMOUNT OF $20,000 TO ASSIST WITH ADVERTISING OF THE PUEBLO MEMORIAL AIRPORT was submitted by Councilman Brown Mr. Brown, seconded by Mr. Atencio moved to approve the Resolution.

8 PAGE EIGHT Q. RESOLUTIONS (Continued) Q-9 RESOLUTION NO AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET TO THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO (HARP) FOUNDATION IN THE AMOUNT OF $6,000 TO SPONSOR THE 2017 ROLLIN ON THE RIVERWALK JULY 4TH CELEBRATION was submitted by Councilman Schilling. Mr. Aguilera, seconded by Mr. Brown moved to approve the Resolution. Mr. Atencio, seconded by Mr. Nicoll moved to reduce the funding allocation to $3,000. Vote on the Motion made by Mr. Atencio: Roll Call -- Ayes: Atencio: Nays: Aguilera, Brown, Nawrocki, Nicoll, Schilling and Winner. Motion FAILED 6-1. Vote on the Motion to Approve the Resolution: Q-10 RESOLUTION NO AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET TO THE PUEBLO VETERANS COUNCIL IN THE AMOUNT OF $4,500 TO ASSIST WITH OPERATIONAL EXPENSES was submitted by Councilman Atencio Mr. Atencio, seconded by Mr. Aguilera moved to approve the Resolution. Roll Call -- Ayes: Aguilera, Atencio, Brown, Nawrocki, Nicoll and Schilling. Nays: Winner. Motion carried 6-1 Q-11 A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET TO THE NATURE AND RAPTOR CENTER OF PUEBLO IN THE AMOUNT OF $10,000 FOR FACILITY MAINTENANCE COSTS REMOVED FROM THE AGENDA Q-12 RESOLUTION NO AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET TO THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT IN THE AMOUNT OF $30,000 TO COMPLETE LANDSCAPING AND IRRIGATION AT THREE INTERSECTIONS ON WEST 4TH STREET was submitted by Councilwoman Winner

9 PAGE NINE Q. RESOLUTIONS (Continued) Q-12 Continued Mr. Schilling, seconded by Mr. Atencio moved to approve the Resolution. Roll Call -- Ayes: Aguilera, Brown, Nawrocki, Nicoll, Schilling and Winner. Nays: Atencio. Motion CARRIED 6-1 R. ORDINANCES FINAL PRESENTATION R-1 ORDINANCE NO ESTABLISHING THE MEMORIAL HALL ORGAN PROJECT, NO. PL1701, ACCEPTING FUNDS IN THE AMOUNT OF $14, FROM THE PUEBLO URBAN RENEWAL AUTHORITY, TRANSFERRING FUNDS IN THE AMOUNT OF $12, FROM THE MEMORIAL HALL ORGAN PROJECT NO. CO TO PROJECT PL1701, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $26, TO PL1701 RELATING TO THE MEMORIAL HALL ORGAN PROJECT -- submitted for Final Presentation A staff report and detailed review of the Ordinance was given by Bill Zwick Landscape Architect/Project Manager Seeing no one wishing to speak, President Nawrocki declared the Hearing closed. Mr. Brown, seconded by Mr. Aguilera moved to approve the Ordinance on Final Presentation Roll Call -- Ayes: Aguilera, Atencio, Brown, Nawrocki, Nicoll, Schilling, and Winner. Motion carried unanimously. R-2 ORDINANCE NO APPROVING AMENDMENT NO. 12 TO AGREEMENT FOR COMMUNITY SERVICES PLANNING, ADMINISTRATION, AND ACCOUNTABILITY SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO -- Introduced January 23, 2017 by Councilman Ed Brown A staff report and detailed review of the Ordinance was given by Ada Clark, Director of Housing and Citizen Services Seeing no one wishing to speak, President Nawrocki declared the Hearing closed. Mr. Brown, seconded by Mr. Schilling moved to approve the Ordinance on Final Presentation Roll Call -- Ayes: Aguilera, Atencio, Brown, Nawrocki, Nicoll, Schilling, and Winner. Motion carried unanimously.

10 PAGE TEN R. ORDINANCES FINAL PRESENTATION (Continued) R-3 ORDINANCE NO APPROVING AND AUTHORIZING THE EXECUTION OF FY 2016 OPERATING GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION FUNDS IN THE AMOUNT OF $3,779, Introduced January 23, 2017 by Councilman Ed Brown A staff report and detailed review of the Ordinance was given by Brenda Broyles, Director of Pueblo Transit Seeing no one wishing to speak, President Nawrocki declared the Hearing closed. Mr. Brown, seconded by Mr. Schilling moved to approve the Ordinance on Final Presentation Roll Call -- Ayes: Aguilera, Atencio, Brown, Nawrocki, Nicoll, Schilling, and Winner. Motion R-4 ORDINANCE NO APPROVING A CONVEYANCE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO DEVELOPMENT FOUNDATION, A COLORADO NONPROFIT CORPORATION, RELATING TO PROPERTY LOCATED IN THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK - - Introduced January 23, 2017 by Councilman Ed Brown A staff report and detailed review of the Ordinance was given by Mr. Kogovsek Seeing no one wishing to speak, President Nawrocki declared the Hearing closed. Mr. Schilling, seconded by Mr. Brown moved to approve the Ordinance on Final Presentation Roll Call -- Ayes: Aguilera, Atencio, Brown, Nawrocki, Nicoll, Schilling, and Winner. Motion R-5 ORDINANCE NO VACATING A PORTION OF A DRAINAGE EASEMENT WITHIN A PORTION OF LOT 1, BLAZER SUBDIVISION, SECOND FILING -- Introduced January 23, 2017 by Councilman Ed Brown A staff report and detailed review of the Ordinance was given by Scott Hobson, Assistant City Manager Community Investment.

11 PAGE ELEVEN R. ORDINANCES FINAL PRESENTATION (Continued) Laurie Clark, Clark Engineering was sworn in favor of the Vacation on behalf of the Applicant Blazer Leasing, LLC. Mr. Kogovsek asked that the all documents from the Planning & Zoning Commission regarding this matter, identified as case number V dated December 14, 2016 be made part of the record for this hearing. So ordered by President Nawrocki Seeing no additional speakers, President Nawrocki declared the Hearing closed. Mr. Brown, seconded by Mr. Schilling moved to approve the Ordinance on Final Presentation Roll Call -- Ayes: Aguilera, Atencio, Brown, Nawrocki, Nicoll, Schilling, and Winner. Motion R-6 ORDINANCE NO VACATING A PORTION OF AN ALLEY, ADJACENT TO LOTS 4 THROUGH 13 IN BLOCK 22 OF THE COUNTY ADDITION -- Introduced January 23, 2017 by Councilman Ed Brown A staff report and detailed review of the Ordinance was given by Mr. Hobson Mr. Kogovsek asked that the all documents from the Planning & Zoning Commission regarding this matter, identified as case number V dated November 9, 2016 be made part of the record for this hearing. So ordered by President Nawrocki Seeing no one wishing to speak, President Nawrocki declared the Hearing closed. Mr. Schilling, seconded by Mr. Brown moved to approve the Ordinance on Final Presentation Roll Call -- Ayes: Aguilera, Atencio, Brown, Nawrocki, Nicoll, Schilling, and Winner. Motion carried unanimously. R-7 ORDINANCE NO APPROVING THE PARKVIEW SOUTH ANNEX SUBDIVISION -- Introduced January 23, 2017 by Councilman Ed Brown A staff report and detailed review of the Ordinance was given by Mr. Hobson Mr. Kogovsek asked that the all documents from the Planning & Zoning Commission regarding this matter, identified as case number S dated November 9, 2016 be made part of the record for this hearing. So ordered by President Nawrocki

12 PAGE TWELVE R. ORDINANCES FINAL PRESENTATION (Continued) R-7 Public Hearing Continued Seeing no one wishing to speak, President Nawrocki declared the Hearing closed. Mr. Brown, seconded by Mr. Schilling moved to approve the Ordinance on Final Presentation Roll Call -- Ayes: Aguilera, Atencio, Brown, Nawrocki, Nicoll, Schilling, and Winner. Motion carried unanimously. COUNCIL MEMBERS CONFLICT OF INTEREST Councilman Steve Nawrocki asked to be excused from the meeting due to a conflict of interest with agenda item numbers S-1 and S-2 and he passed the gavel to Vice President Ed Brown and left the Council Chambers S. RESOLUTIONS S-1 A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET IN THE AMOUNT OF $13,000 TO THE SENIOR RESOURCE DEVELOPMENT AGENCY (SRDA) TO ASSIST WITH OPERATIONAL EXPENSES was submitted by Councilman Nicoll Mr. Nicoll, seconded by Ms. Winner moved to postpone the Resolution indefinitely and remove it from the agenda. Roll Call -- Ayes: Aguilera, Atencio, Brown, Nicoll, Schilling and Winner. Motion carried unanimously. S-2 RESOLUTION NO AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET TO BOYS AND GIRLS CLUBS OF PUEBLO COUNTY IN THE AMOUNT OF $20,000 TO EXPAND SUMMER PROGRAM BUSINESS HOURS was submitted by Councilman Aguilera Mr. Nicoll, seconded by Mr. Aguilera moved to approve the Resolution. Roll Call -- Ayes: Aguilera, Atencio, Brown, Nicoll, Schilling and Winner. Nays: Schilling and Winner. Motion carried 4-2 President Nawrocki returned to the meeting. Councilman Larry Atencio asked to be excused from the meeting due to a conflict of interest with agenda item number S-3. President Nawrocki excused him and he left the Council Chambers

13 S. RESOLUTIONS (Continued) REGULAR CITY COUNCIL MEETING PAGE THIRTEEN S-3 A RESOLUTION AUTHORIZING PAYMENT FROM THE COUNCIL CONTINGENCIES ACCOUNT IN THE 2017 GENERAL FUND BUDGET TO LA GENTE YOUTH SPORTS IN THE AMOUNT OF $20,000 TO SPONSOR YOUTH SPORTS PROGRAMS Continued Until March 13, 2017 was submitted by Councilman Aguilera Mr. Brown, seconded by Mr. Aguilera moved to approve the Resolution. Councilwoman Winner stated she has numerous questions regarding the management and operation of LaGente Youth Sports and would like Council to meet with the management to allow them chance to address questions and concerns before any funding allocation is approved. Ms. Winner, seconded by Mr. Aguilera moved to continue the Resolution until the March 13, 2017 Council Meeting. Vote on the Motion to Continue the Resolution to March 13, 2017 carried unanimously. ADJOURN: 11:15 p.m. President Nawrocki adjourned the meeting. Respectfully submitted, Gina Dutcher, MMC City Clerk