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HomeMy WebLinkAbout09384 City Clerk’s Office Item # S-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 26, 2018 TO: President Christopher A. Nicoll and Members of City Council VIA: Brenda Armijo, Acting City Clerk FROM: Sam Azad, City Manager SUBJECT: AN ORDINANCE DECLARING A TEMPORARY HOUSING AND SHELTER EMERGENCY FOR HOMELESS RESIDENTS OF THE CITY OF PUEBLO, AUTHORIZING THE USE OF THE BUILDING LOCATED AT 901 W. 9TH STREET, PUEBLO, COLORADO 81003 AS A TEMPORARY OVERNIGHT WARMING SHELTER AND SUSPENDING ORDINANCES AND REGULATIONS OF THE CITY IN CONFLICT THEREWITH SUMMARY: th Attached is a proposed Ordinance which would allow the building located at 901 W. 9 Street, Pueblo, Colorado 81003 (“Overnight Warming Shelter”) to be used as a temporary overnight shelter for the City’s homeless population. PREVIOUS COUNCIL ACTION: None. BACKGROUND: An overnight warming place for homeless adults in the City of Pueblo does not currently exist and extreme cold night temperatures pose significant dangers to the health of the City’s homeless persons. Council Member Mark Aliff has been working to address this emergency and it is his th recommendation that the building located at 901 W. 9 Street be used as an emergency overnight warming shelter on a temporary basis. The Overnight Warming Shelter is currently owned by 3 JFK LLC, a Colorado limited liability company (“Owner”). The Owner has agreed to enter into a short term lease with the City of Pueblo for use of the building as an Overnight Warming Shelter. A Resolution approving the short term lease with the Owner has been submitted for approval by City Council. Similarly, a Resolution has been submitted to City Council to approve an agreement with the Pueblo Rescue Mission to manage and operate the Overnight Warming Shelter on a temporary basis. FINANCIAL IMPLICATIONS: City Council has previously appropriated $250,000 from the City’s 2018 budget to address the immediate need for a temporary warming shelter for the City’s homeless population. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Council Member Aliff has met with local governmental entities and non-profit organizations to address this housing and shelter emergency for the City’s homeless residents. ALTERNATIVES: If this Ordinance is not approved, homeless adults residing in the City will be forced to endure below freezing temperatures when they are outdoors due to the lack of an overnight warming shelter. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance ORDINANCE NO. 9384 AN ORDINANCE DECLARING A TEMPORARY HOUSING AND SHELTER EMERGENCY FOR HOMELESS RESIDENTS OF THE CITY OF PUEBLO, AUTHORIZING THE USE OF THE BUILDING LOCATED AT 901 W. 9TH STREET, PUEBLO, COLORADO 81003 AS A TEMPORARY OVERNIGHT WARMING SHELTER AND SUSPENDING ORDINANCES AND REGULATIONS OF THE CITY IN CONFLICT THEREWITH WHEREAS, an overnight warming place for homeless adults in the City of Pueblo does not currently exist and extreme cold temperatures pose significant dangers to the health of the City’s homeless persons; and WHEREAS, City Council, with the assistance of various non-profit organizations has searched for the best location for a temporary overnight warming shelter, taking into account the needs of the community as well as the property rights of adjacent land owners; and WHEREAS, it has been determined that the best location for the overnight warming th shelter is the building located at 901 W 9 Street, Pueblo, Colorado 81003; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City of Pueblo hereby declares that a housing and shelter emergency currently exists for the City’s homeless residents and that the City’s homeless citizens do not have current access to appropriate warming shelters to protect their health against freezing temperatures when they are outdoors at night. The City of Pueblo further finds, based on recent meteorological history, that overnight freezing temperatures (lower than 33 degrees Fahrenheit) are likely to exist in the City from December 1, 2018 through April 30, 2019. SECTION 2. The duration of this homeless housing and shelter emergency shall be from December 1, 2018 through April 30, 2019 (“Emergency Period”). SECTION 3. During the Emergency Period, the City of Pueblo hereby authorizes the use of the building located at 901 W. 9th Street, Pueblo, Colorado 81003 (“Overnight Warming Shelter”) currently owned by 3 JFK LLC, a Colorado limited liability company (“Owner”) as a temporary shelter to be used by homeless persons. Owner has consented to this emergency declaration and has agreed to enter into a lease with the City of Pueblo for use of the building as a temporary warming shelter. SECTION 4. During the Emergency Period, any ordinances and regulations of the City which conflict th with the use of 901 W. 9 Street, Pueblo, Colorado 81003 as an overnight warming shelter, shall be and hereby are suspended. This temporary suspension shall apply, without limitation, to land use, zoning, public health and other City ordinances and regulations which would otherwise be applicable. SECTION 5. th This temporary designation of 901 W. 9 Street, Pueblo, Colorado 81003 as an overnight warming shelter is contingent upon inspection of such premises by the City’s Fire Department, the Pueblo Department of Public Health and the Environment and the Regional Building Department in order to provide safety suggestions by said entities concerning such temporary use. SECTION 6 The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 7. Savings Clause: The immediate enactment of this Ordinance is necessary in order to preserve and protect the health, safety and welfare of the residents of the City. Pursuant to Sec. 3-20 of the City Charter, this Ordinance shall become effective immediately upon final passage. INTRODUCED November 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: November 26, 2018