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HomeMy WebLinkAbout8586RESOLUTION NO. 8586 A RESOLUTION APPROVING A LEASE EXTENSION AGREE- MENT BETWEEN THE CITY OF PUEBLO AND BUELL DEVELOPMENT CORPORATION FOR THE PREMISES KNOWN AS MIDTOWN SHOPPING CENTER, 1000 W. 6th STREET, SUITE R, PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Lease Extension Agreement between the City of Pueblo and The Buell Development Corporation for the Midtown Shopping Center Satellite Court located at Midtown Shopping Center, 1000 W. 6th Street, Suite R, Pueblo, Colorado, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is hereby directed and authorized to execute the Agreement in the name and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2 Lease payments required under the Lease Extension Agreement shall be paid from Account No. 001 - 0100 - 103 - 203 - 030 -0027 SECTION 3 This Resolution shall become effective upon final passage. INTRODUCED: December 14 1 1998 By John Verna Councilperson ATTEST: w I M Y , I.� • � . t APPROVED: Presiden o the ity Council LEASE EXTENSION AGREEMENT DATED DECEMBER 9,1998 WHEREAS, THE BUELL DEVELOPMENT CORPORATION, as Landlord, and PUEBLO, a MUNICIPAL CORPORATION (Municipal Court), as Tenant, entered into a Shopping Center Lease which was Dated December, 1996, and amended by a Lease Extension Agreement dated May 12, 1997, and amended by Lease Extension Agreement dated May 26, 1998, covering the premises known as Midtown Shopping Center, 1000 W. 6th Street, Suite R, Pueblo, Colorado. WHEREAS, Tenant has requested a renewal of their lease, and Landlord and Tenant desire to further amend said Lease; NOW, THEREFORE, Landlord and Tenant agree as follows: 1. TERMS: The renewal term of the Lease for the demised premises shall be two (2) years and commence on January 1, 1999 and terminate on December 31, 2000 both date inclusive. 2. MINIMUM RENT: The Minimum Rent in Article 3 of the Shopping Center Lease Agreement shall be the following amount: $2,532.21 per month from 1/1/99 — 12/31/99 $2,621.22 per month from 1/1/00 — 12/31/00 The Shopping Center Lease, as amended by this Lease Extension Agreement shall remain in full force and effect. In the event any portion of said Shopping Center Lease is inconsistent with any provision of this Agreement, the Provisions of the Agreement shall control. IN WITNESS, WHEREOF, Landlord and Tenant have executed this Lease Extension Agreement the day and year noted below. LANDLORD: BUELL DEVELOPMENT CORPORATION TENANT: CITY OF PUEBLO A MUNICIPAL CORPORATION BY PresidVfity ounc il BACKGROUND PAPER MUNICIPAL COURT 1998 -1999 GOAL: To provide an efficient, equitable and impartial forum to hear and resolve Municipal Court cases, and to effectively and efficiently collect all fines and expenses due the city. OBJECTIVES: (1) To continue to maintain the high level of efficient and effective collection procedures of the court. (2) To modernize the Municipal Court building with repairs and upgrades, while awaiting the 4 -5 year goal of a new judicial building. (3) To continue the Satellite Court Center at Midtown Shopping Center and expand its usefulness by holding trials there, in addition to arraignments and pre - trials. (4) To continue the "Teen Court" program for the school year with a goal of having at least six teen jury trials involving minimum 100 students in the program. (5) To do outreach by having judges teach at least six "Street Law" classes in the high schools about changes in the law applicable to teens, e.g. Unlawful Consumption and Graffiti. I. STAFFING AND FACILITIES The Pueblo Municipal Court has a total of 1 Presiding Judge/Department Head; one part-time Municipal Judge (approximately 2/3 time); one full -time Court Administrator and seven full -time Court Clerk- Typists. We also utilize as needed, two part-time, temporary clerks. Presently we have one Main Court courtroom/administrative office building at 140 Central Main Street which is about 4,500 sq. ft. including one large courtroom, office chambers, jury room and office work space for six office stalls. We are utilizing a Satellite Court under a lease arrangement at the Midtown Shopping Center. This facility is utilized for arraignments, pretrials and zoning/tax cases four days per week. The facility is linked to the Main Court by modem and computer. It has one large courtroom space, two conference rooms, id judge chambers and one office. Our present lease of this space is on a yearly basis. II. COURT STATISTICS The total number of tickets filed in Municipal Court in 1997 was 27,471, this shows a 5% decrease from 1996. This includes the various types of cases handled, viz. • Parking tickets • Traffic tickets 13,659 7,266 • General Ordinance Summons (Criminal) 2,827 • General Ordinance Summons (Juvenile) 1,619 • Animal Violations 1,182 • Misc. Offenses e.g. (Sales tax, Zoning) 537 • Citizen's Complaints 381 Of these total tickets filed above, 18,132 were cases involving court activity through pre -trial conferences, trials,. hearings or arraignments. Of the total tickets issued, the total revenue realized from Court cases alone was $653,989.60 down $60.06 from 1996. In the Violations Bureau, (payment over the counter or by mail) the total revenue realized in 1997 was $161,836.71, down $18,837 from 1996. Total revenue realized in 1997 from all sources was $841,938.31, down about $19,500 from 1996. Total warrants for arrest in 1997 were 3,265. 1998 statistics for the first quarter, compared with the first quarter of 1997 show: 1. That total tickets filed were down and court activity down slightly with first quarter, 1998. 2. Revenue, however, derived from these tickets are up because more tickets were paid and collected in 1998 (5,148 to 4,800) 3. As a result of more tickets paid in the 1" quarter 1998, the Court is up $11,528 this 1 st quarter 1998 ($187,133 to $175,605) in revenue from court activity. 4. Total revenue from all sources, is up over $10,000 in the 1 St quarter 1998, compared with the 1 St quarter, 1997 ($237,841.75 to $227,554.31). III. MUNICIPAL COURT CHALLENGES NEW COURT FACILITY The primary challenge for the Court is to cope with the need for a new consolidated, efficient, court structure that will combine the two courtrooms in one central location with sufficient parking and offices to accommodate the increased court activity over the years. This new facility, whether included in a master justice complex combining city and state facilities in one location, or whether it includes only the Municipal Court with the city Police Department and Data Processing, is long overdue. Splitting staff between two locations and holding separate court in two locations, while a short-term solution, is not the most efficient, nor convenient for the city or the general public. The present Main Court building was originally the Riverside Elementary School which existed before the 1921 Pueblo Flood. The building has been patched up and renovated to be serviceable as a small court, however, over the years the increasing numbers of people processed through the building precluded effective criminal justice administration using only one building. Beginning 1996 the Satellite Court moved the large numbers of people for arraignments over to a location with more room and plenty of parking. It then freed up the Main Court for trials by another judge. We now run concurrent courts for the first time ever at the two locations with two judges three days per week. In so doing, we don't have to set cases for trials too far off and it satisfies the need for speedy trials in 4 our court. Until it is decided when and how a new facility will be built, we must continue to rent facilities to alleviate the overflow problem. JUVENILES Over the past four years juvenile caseloads have presented multiple challenges. These cases involve greater use of resources (staff time, follow -up, diversion programs, etc.) than adult cases and bring in much less revenue (kids have little money for fines). However, this area of the law is one in which the court can make the largest impact to lessening crime in Pueblo. Because we have concurrent jurisdiction, ordinarily juvenile first -time offenders for less serious crimes (e.g. fighting, possession of alcohol and tobacco) are heard in Municipal Court through an arrangement with the District Attorney's office, the Police and the Municipal Court. If the young offender is a repeat offender or the charge is one in which no comparable state law applies, (e.g. loitering) than we can also take jurisdiction. We work closely with the other agencies to not duplicate services and utilize heavily the services of the District Attorney's Diversion Programs. To supplement the diversion services for juveniles, the Municipal Court is active along with the Pueblo County Bar Association and Pueblo County Hispanic Bar Association in a Teen Court Program and in Street Law Programs at the middle and high schools. These programs educate juveniles about the law before they become defendants and are very popular among schools and students. It is estimated that within 5 -7 years that there will need to be added one full -time Municipal Court Probation officer to monitor the large numbers of juveniles or probation by the court. .PALMER MCALLISTER A FREDERICK ROSS COMPANY Worldwide Real Estate Services 1999 City of Pueblo Municipal Court 1000 W. 6th Street, Suite R Pueblo, CO 81003 RE: Certificate of Insurance - Per Lease Agreement Dear Judge Ulibarri: In reviewing your file, it has come to our attention that we need a current certificate of insurance that reflects both the owner and Palmer McAllister, a Frederick Ross Company as additional insured and reflects unexpired coverage dates. According to our records the status of your coverage is as follows: General Liability 1/1199 - expired Owner /Ross Additional Insured not listed Please advise your carrier and have them forward a copy to our office immediately. Please note that the additional insured must be Buell Development Corporation as well as Palmer McAllister, a Frederick Ross Company, and the wording must be as follows: Buell Development Corporation & Palmer McAllister, a Frederick Ross Company 6 North Tejon Street, Suite 550 Colorado Springs, CO 80903 If you have any questions, please do not hesitate to call. Sincerely, PALMER MCALLISTER COMPANY REAL ESTATE MANAGEMENT GROUP Cheryl G. ch, RPA Real Estate Manager CGF /slm:certins.ltr Palmer McAllister 6 North Tejon Street, Suite 500, Colorado Springs, CO 80903 -1597 Commercial Real Estate Brokerage (719) 630 -2222 Fax (719) 630 -2688 ® E Individual Members Property and Asset Management (719) 630 -2222 Fax (719) 630 -2698