REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS INTERIM CITY HALL 301 W. B Street MONDAY, JANUARY 24, :00 P.M. MINUTES

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1 CITY COUNCIL CHAMBERS INTERIM CITY HALL 301 W. B Street MONDAY, 7:00 P.M. MINUTES A. CALL TO ORDER President Ray Aguilera B. INVOCATION Councilman Larry Atencio C. PLEDGE OF ALLEGIANCE D. ROLL CALL Council Members Present: Ray Aguilera, Lawrence Atencio, Leroy Garcia, Chris Kaufman, Steve Nawrocki, Vera Ortegon and Judy Weaver Administrative Staff Members Present: City Manager Jerry Pacheco, Assistant City Manager Jenny Eickelman, City Attorney Thomas Florczak, City Clerk Gina Dutcher and Department Directors Lori Pinz, Jim Billings, Earl Wilkinson, Creighton Wright, Chris Riley, Sam Azad and Gene Michael. E. PUBLIC FORUM Alvin Rivera expressed comments in support of increasing funding of the El Centro organization. He explained this organization offers vital services to needy and low-income families. Ted Freeman stated he also supports the El Centro Recreation Center and urged Council to increase the funding for this organization. F. SPECIAL RECOGNITIONS Councilman Steve Nawrocki announced that Brian Popp, Senior PC Network Technician, Department of Information Technology was selected as the Employee of the Month for January Mr. Popp continually performs above and beyond the call of duty for the I.T. Department and he steps up to cover 24 hour call-outs at a moment s notice. He was also praised for the work he performed on the Police Department CAD System and for his dedication and perseverance. Brian was presented with a Certificate of Outstanding Performance, a $75.00 cash award and will also receive an additional personal holiday from the City of Pueblo. Councilman Atencio presented Certificates of Recognition to the 2011 Class of Fire Explorers Post #343. Those who completed the 10-month training program were: Austin Day, Jenna Edwards, Andrew Ercul, Missy Finch, Desmond Hernandez, Jesus Hinojos, Scott Lindenmuth, Christina Marroquin, Jeremiah Martin, Dustin McCracken, Jorge Medina, Jordan Montano, Mariah Olivas, Orlando Olonia-Olivas, Andrew Percival, Zach Percival, Becca Ponce, Justin Porter, Isreal Rodriguez and Charity Villegas.

2 PAGE TWO F. SPECIAL RECOGNITIONS (Continued) Councilwoman Weaver read and presented a joint City/County proclamation declaring January 31 February 4, 2011 as Burn Awareness Week honoring the Al Kaly Shriners Hospital for Children. The Al Kaly Shriners in attendance were: Ronald Crawford, Wayne McKey, Merv Terrill, J.D. Potter, Tracy Howard, Gary Sears, Vern Wolf, Frank Caffey, Brian Bate, William Sheard, Ken Keniston and Howard McGann. Councilman Garcia read and presented a joint City/County proclamation declaring February 13, 2011 as "College Goal Sunday In Pueblo Day. Those present to receive the proclamation were: Patty Erjavec, PCC President and Rosina Chaparro, College Goal Sunday Colorado State Coordinator. Councilman Aguilera introduced the newly appointed members to the Pueblo Human Relations Commission (Maria Fox and Allison Ernst) and the Housing Authority of the City of Pueblo (Joe Mahoney). Council members thanked them for their dedication and service to the City. G. COUNCIL MEMBER COMMENTARY Council members expressed comments in regard to various community-related issues including events and meetings that were attended throughout the past week. H. REVIEW OF AGENDA The Agenda was reviewed page by page by members of the Council. I. AMENDMENTS TO AND APPROVAL OF THE AGENDA Mrs. Weaver seconded by Mr. Garcia moved to approve the agenda as distributed. J. READING AND APPROVAL OF MINUTES Mr. Kaufman, seconded by Mrs. Weaver moved to dispense with the reading and approve the Minutes of the Regular Meeting dated Monday, January 10, 2011, as distributed. K. CONSENT AGENDA City Clerk Gina Dutcher read the consent agenda into the record. L. COMMUNICATIONS No Communication items were submitted.

3 PAGE THREE CONSENT AGENDA M. RESOLUTIONS M-1 RESOLUTION NO AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,579,069 TO AMERICAN LANDSCAPE, INC., AND SETTING FORTH $120,931 FOR CONTINGENCIES AND ADDITIONAL WORK FOR PROJECT NO WALKING STICK GOLF COURSE IRRIGATION REPLACEMENT, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME M-2 RESOLUTION NO AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $387, TO LANGSTON CONCRETE, INC. AND SETTING FORTH $127,403 FOR CONTINGENCIES AND ADDITIONAL WORK FOR PROJECT NO (AL0601) ARKANSAS RIVER TRAIL PHASE 2 & 3 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME M-3 RESOLUTION NO AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $57, TO PARKER EXCAVATING, INC., FOR SANITARY SEWER POINT REPAIR IN THE 2600 BLOCK OF GLADIOLA STREET, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME M-4 RESOLUTION NO AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $89,000 TO DIAZ CONSTRUCTION GROUP LLC FOR THE NATURE CENTER LIFTSTATION REHABILITATION PROJECT AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME M-5 RESOLUTION NO AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $21, TO CEDAR RIDGE LANDSCAPE, INC., AND SETTING FORTH $4, FOR CONTINGENCIES AND ADDITIONAL WORK FOR PROJECT NO (CD0917 & CD0919) CONCRETE SIDEWALK REPAIR & CONSTRUCTION (CDBG) AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME M-6 RESOLUTION NO AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $16, TO PARKER EXCAVATING, INC. FOR SANITARY SEWER POINT REPAIR IN THE 3100 BLOCK OF DENVER BOULEVARD, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME M-7 RESOLUTION NO APPROVING A MASTER LEASE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SUNTRUST LEASING CORPORATION, APPROVING AN EQUIPMENT SCHEDULE WITH RESPECT THERETO, AUTHORIZING EXECUTION THEREOF BY THE PRESIDENT OF THE CITY COUNCIL, AND AUTHORIZING THE EXECUTION AND DELIVERY OF ALL OTHER DOCUMENTS REQUIRED THEREWITH BY THE CITY MANAGER, AND AUTHORIZING ALL OTHER ACTION NECESSARY TO THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION

4 PAGE FOUR CONSENT AGENDA M. RESOLUTIONS (Continued) M-8 RESOLUTION NO APPROVING A LEASE/PURCHASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND HSE LEASING, LLC FOR WALKING STICK GOLF COURSE IRRIGATION SYSTEM, AUTHORIZING EXECUTION THEREOF BY THE PRESIDENT OF THE COUNCIL, AND AUTHORIZING THE EXECUTION AND DELIVERY OF ALL OTHER DOCUMENTS REQUIRED THEREWITH BY THE CITY MANAGER, AND AUTHORIZING ALL OTHER ACTION NECESSARY TO THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION M-9 RESOLUTION NO APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE NATURE AND RAPTOR CENTER OF PUEBLO, INC., FOR MAINTENANCE OF THE ONSITE SANITARY SEWER SYSTEM M-10 RESOLUTION NO AUTHORIZING PARTICIPATION IN THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY HEARINGS AND WORKGROUP PROCESSES THROUGH 2011 M-11 RESOLUTION NO APPROVING THE NATURAL HAZARD MITIGATION PLAN FOR PUEBLO COUNTY, COLORADO (2010) M-12 RESOLUTION NO APPROVING AN AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND SEMPLE BROWN DESIGN, P.C., IN CONNECTION WITH THE PUEBLO MEMORIAL HALL AUDITORIUM RENOVATION PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME M-13 RESOLUTION NO AUTHORIZING THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, TO APPLY FOR A U.S. DEPARTMENT OF JUSTICE, JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM GRANT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME M-14 RESOLUTION NO APPROVING THE DEVELOPMENT PLAN REVIEW FOR THE LOCATION OF PLAYGROUND EQUIPMENT WITHIN THE NEIGHBORHOOD PARK IN UNIVERSITY PARK M-15 RESOLUTION NO APPROVING MODIFICATION AGREEMENT NO. 4 BETWEEN THE CITY OF PUEBLO, PUEBLO SPRINGS RANCH, LLC AND PUEBLO SPRINGS RANCH II, LLC RELATING TO MODIFICATION OF THE TERM TRIGGERING EVENT SET FORTH IN THE WARRANTY DEED AND RIGHT OF REVERSION DATED OCTOBER 22, 2007 AND MODIFIED ON DECEMBER 31, 2007, DECEMBER 22, 2008 AND FURTHER MODIFIED ON JANUARY 11, 2010

5 PAGE FIVE CONSENT AGENDA N. ORDINANCES FIRST PRESENTATION N-1 AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF $20,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR REIMBURSABLE EXPENSES REGARDING AN ENVIRONMENTAL ASSESSMENT FOR THE PROPOSED FIRE STATION NO. 4 SITE AND BUDGETING, APPROPRIATING & TRANSFERRING THE ADDITIONAL AMOUNT OF $20,000 TO CAPITAL PROJECT ARPW01 FIRE STATION NO. 4 THEREFORE N-2 AN ORDINANCE AMENDING THE FISCAL YEAR 2011 STAFFING ORDINANCE REVISING POSITIONS WITHIN THE FIRE DEPARTMENT, HONOR FARM PROPERTIES ENTERPRISE, PUBLIC WORKS DEPARTMENT AND PARKS & RECREATION DEPARTMENT N-3 AN ORDINANCE AMENDING SECTION OF CHAPTER 5 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE CLASSIFICATION AND PAY PLAN (2011) FOR THE FIRE DEPARTMENT, PARKS AND RECREATION DEPARTMENT AND THE HONOR FARM PROPERTIES ENTERPRISE N-4 AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF TITLE XIV OF THE PUEBLO MUNICIPAL CODE RELATING TO SALES AND USE TAX COLLECTION AND ENFORCEMENT PROCEDURES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF N-5 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO ANIMAL VACCINATIONS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF N-6 AN ORDINANCE AMENDING SECTION OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO AN EXCEPTION TO LANDSCAPE REQUIREMENTS FOR CERTAIN STRUCTURES AND PROVIDING PENALTIES FOR VIOLATION THEREOF

6 PAGE SIX REGULAR AGENDA O. Consent Agenda Roll Call and Vote: Mr. Atencio seconded by Mr. Garcia 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 the Ordinances on First Presentation for Monday, February 14, 2011 and Order the Ordinances of the Consent Agenda to be Published BY TITLE. P. REGULAR AGENDA Q. RESOLUTIONS Q-1 RESOLUTION NO APPROVING THE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, FRE COMPOSITES USA, INC., AND PUEBLO DEVELOPMENT FOUNDATION RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT, APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE AND A LEASE IN CONNECTION WITH SAME, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAID AGREEMENT, CONTRACT AND LEASE, AND TRANSFERRING $1,025,300 FROM THE SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND THEREFORE A staff report and review of the agreement was given by City Attorney Thomas Florczak. Also present to provide a brief overview of the project was Dan Centa, President of PEDCO and Rod Morris, General Manager of the Pueblo Plant. Mrs. Weaver, seconded by Mr. Nawrocki, moved to approve the Resolution Q-2 RESOLUTION NO APPOINTING A MEMBER TO THE URBAN RENEWAL AUTHORITY OF THE CITY OF PUEBLO A vote was taken by an undisclosed ballot and tallied by City Manager Jerry Pacheco. Mr. Atencio seconded by Mr. Nawrocki moved to approve the Resolution and insert the name of Sean Tapia for the five-year term expiring February 1, 2016.

7 Q. RESOLUTIONS (Continued) REGULAR CITY COUNCIL MEETING PAGE SEVEN REGULAR AGENDA Q-3 RESOLUTION NO APPOINTING COUNCIL MEMBERS TO THE PLANNING AND ZONING COMMISSION, THE PUEBLO REGIONAL BUILDING COMMISSION, THE COMMITTEE ON DISPOSITION OF FORFEITED PROPERTY, THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO, THE PUEBLO MEMORIAL AIRPORT ADVISORY COMMITTEE, AND THE STREETSCAPE ADVISORY COMMITTEE AND APPOINTING DIRECTORS TO THE PUEBLO ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS, THE HARP AUTHORITY BOARD OF DIRECTORS AND THE PUEBLO DEVELOPMENT FOUNDATION BOARD OF DIRECTORS Mrs. Weaver seconded by Mr. Garcia moved to approve the Resolution inserting the following names for one year terms expiring January 31, 2012: Vera Ortegon-Planning and Zoning Commission; Leroy Garcia-Pueblo Regional Building Commission; Ray Aguilera-Committee Disposition of Forfeited Property; Chris Kaufman and Larry Atencio-Urban Renewal Authority of Pueblo, Colorado; Larry Atencio and Judy Weaver-Pueblo Memorial Airport Advisory Committee; Steve Nawrocki and Larry Atencio-PEDCO Board of Directors; Leroy Garcia-HARP Authority Board of Directors; Steve Nawrocki-Pueblo Development Foundation; Judy Weaver- Streetscape Advisory Committee and Steve Nawrocki and Judy Weaver-Library District Appointment Committee. R. ORDINANCES FINAL PRESENTATION R-1 ORDINANCE NO ESTABLISHING THE WALKING STICK GOLF COURSE IRRIGATION REPLACEMENT CAPITAL IMPROVEMENT PROJECT NO. WS1101, AND BUDGETING AND APPROPRIATING $1,700,000 IN FUNDS FOR SAID PROJECT - was presented for Final Presentation A staff report and detailed review of the Ordinance was given by Scott Hobson, ACM Community Investment. Mr. Hobson stated it is anticipated the project will begin the week of February 21, 2011 with an anticipated completion date of middle- to late August PUBLIC HEARING Ted Freeman was sworn in. Mr. Freeman spoke against the ordinance and voiced his concerns with the cost of the project. Seeing no additional speakers, President Aguilera declared the Hearing closed. Mr. Nawrocki seconded by Mr. Kaufman moved to approve the Ordinance on Final Presentation.

8 PAGE EIGHT REGULAR AGENDA R. ORDINANCES FINAL PRESENTATION (Continued) R-2 ORDINANCE NO APPROVING A DESIGN AND CONSTRUCTION AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO FOR REMODELING AND RESTORING HISTORIC MEMORIAL HALL AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME - was presented for Final Presentation A staff report and detailed review of the Ordinance was given by Mr. Florczak PUBLIC HEARING Seeing no one wishing to speak, President Aguilera declared the Hearing closed. Mrs. Weaver seconded by Mr. Atencio moved to approve the Ordinance on Final Presentation. ADJOURN 8:10 P.M. President Aguilera declared the meeting adjourned. Respectfully submitted, Gina Dutcher, MMC City Clerk