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Home My WebLink About09592 City Clerk’s Office Item # S-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 11, 2019 TO: President Dennis E. Flores and Members of City Council VIA: Brenda Armijo, City Clerk FROM: Mayor Nicholas A. Gradisar SUBJECT: AN EMERGENCY 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: A similar ordinance was passed by City Council on November 26, 2018. Ordinance No. 9384 declared a temporary housing and shelter emergency from December 1, 2018 until April 30, 2019, thereby allowing use of the Overnight Warming Shelter on a temporary basis. 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 President Dennis E. Flores has been working to address this emergency and it th is his 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 Pueblo Rescue Mission for use of the building as an Overnight Warming Shelter. A concurrent Ordinance 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: Concurrent with this Ordinance, City Council is appropriating $80,000 from the City’s 2019 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 President Flores 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 Emergency Ordinance ORDINANCE NO. 9592 AN EMERGENCY 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 landowners; 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. SECTION 2. The duration of this homeless housing and shelter emergency shall be from October 30, th 2019 until Pueblo Rescue Mission’s facility located at 728 W. 4 Street, Pueblo, CO 81003 (“Permanent Shelter”) becomes available for occupancy (“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 Pueblo Rescue Mission for use of the building as a temporary warming shelter. SECTION 4. During the Emergency Period, the Overnight Warming Shelter shall have an A-3 use and occupancy classification. This use and occupancy classification is intended to incorporate those classifications contained in the International Fire Code and International Building Code, as previously adopted by the City. SECTION 5. 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 6. 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 and the approval of such temporary use by such agencies. SECTION 7. 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 8. 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 on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 11, 2019 . Final adoption of Ordinance by City Council on November 11, 2019 . President of City Council Action by the Mayor: ☒ Approved on November 14, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk