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HomeMy WebLinkAbout09146RESOLUTION NO. 9146 A RESOLUTION APPROVING A LEASE EXTENSION AGREEMENT BETWEEN THE CITY OF PUEBLO AND BUELL DEVELOPMENT CORPORATION FOR THE PREMISES KNOWN AS MIDTOWN SHOPPING CENTER, 1000 W. 6 TH STREET, SUITE R, PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: 4FC TTON 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. 6`" 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. CF.C"TTC)N Lease payments required under the Lease Extension Agreement shall be paid from Account No. 100- 0320 - 411.44 -01. SECTION 3, This Resolution shall become effective upon final passage. ATTEST: INTRODUCED: November 13 , 2000 By Al Gurule Councilperson APP VED: ,L 6 l / Gtr President of the City Council LEASE EXTENSION AGREEMENT DATED NOVEMBER 1 3 , 2000 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, 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. TERM: The renewal term of the Lease for the demised premises shall be one (1) year and commence on January 1, 2001 and terminate on December 31, 200;1, both dates inclusive. 2. MINIMUM RENT: The Minimum Rent in Article 4 of the Shopping Center Lease Agreement shall be the following amount: $ 2,699.86 per month from 1 /1 /01 through 12/31 /01 3. OPTION TO RENEW: Tenant shall have the option to renew for one (1) additional year commencing on January 1, 2002 and terminating on December 31, 2002, both dates inclusive at the rent of $ 2,780.86 per month from 1/1/02 through 12/31/02 provided Tenant gives Landlord sixty (60) days advance written notice of their intent to renew. 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 this 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 BY JE�ROME L. LINDBE G, President DATE TENANT: CITY OF UEBLO, A MU' PAL C / RATION BY lr i - -- President of City Council DATE - November 13,2000 L1 BACKGROUND PAPER 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: We need to continue the Satellite Court at Midtown Shopping Center and expand its usefulness by holding trials there in addition to arraignments and pre - trials. We also utilize the Satellite Court to continue the "Teen Court" program for the school year with a goal of having at least 25 jury trials /sentencing involving minimum 200 students in the program. We also 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. This 2 -year lease extension is necessary to accommodate the large numbers of defendants, trials, arraignments and pre -trial conferences at a location with plenty of parking and extra space. 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 Technicians. 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 4,5000 sq. ft. including one large courtroom, office chambers, jury room and office work space for six office stalls. We have been utilizing a Satellite Court under a lease arrangement at the Midtown Shopping Center for the past four years. This facility is utilized for arraignments, pre - trials 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, judge chambers and one office. Our present lease of this space is on a yearly basis, which expires on December 31, 2000. II. COURT STATISTICS The total number of tickets filed in Municipal Court in 1999 was 29,385, this show an 11% decrease from 1998. This includes the various types of cases handled, viz. • Parking tickets 13,247 • Traffic tickets 6,984 • General Ordinance Summons (Criminal) 2,726 • General Ordinance Summons (Juvenile) 1,776 (up 10 %) • Animal Violations UN • Misc. Offenses e.g. (Sales tax, Zoning) 449 • Citizen's Complaints 271 Of these total tickets filed above, 17,271 were cases involving court activity through pre - trials conferences, trials, hearings or arraignments. Of the total tickets issued, the total revenue realized from Court cases alone was $645,998.00. In the Violation Bureau (payment over the counter or by mail) the total revenue realized in 1999 was $195,267.00. Total revenue realized in 1999 from all sources was $885,439.00 up about $33,400.00 from 1998. Total warrants for arrest in 1999 were 2,728. 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 facility, 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 court sessions at the two locations utilizing both judges three days per week. Until it is decided when and how a new facility will be built, we must continue to rent facilities to alleviate the overflow problem. TT TVRNTT FQ 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. We currently also use our Satellite Court to office the Teen Court Coordinator and the Graffiti Program Coordinator, both of which are funded by federal grants. 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.