HomeMy WebLinkAbout09792*ORDINANCE NO. 9792
AN ORDINANCE ESTABLISHING PROJECT NO. CD2020,
BUDGETING AND APPROPRIATING $8,000 FROM ACCOUNT
25414000-58050 FROM THE DEPARTMENT OF HOUSING AND
CITIZEN SERVICES FOR GEOTECHNICAL ENGINEERING AND
ENVIRONMENTAL ASSESSMENT STUDIES, AND APPROVING
A TEMPORARY EASEMENT AGREEMENT BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO
DEVELOPMENT COMPANY, LLC, A COLORADO LIMITED
LIABILITY COMPANY, FOR THE EXPANSION OF WEST 18TH
STREET BETWEEN SPAULDING AVENUE AND PERRY
AVENUE
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WHEREAS, there exists a need to extend the roadway connecting West 18 Street
between Spaulding Avenue and Perry Avenue in the City of Pueblo; and
WHEREAS, there exists a need to budget and appropriate funds for geotechnical
engineering and environmental assessment studies for the building of said roadway; and
WHEREAS, there exists a need to execute a temporary easement agreement to obtain
access to the adjacent project site; and
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WHEREAS, there exists a need to subdivide the property adjacent to the West 18 Street
Right-of-Way; and
WHEREAS, the Pueblo Development Company, LLC, a Colorado limited liability
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company, owns the property located adjacent to the West 18 Street Right-of-Way; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Project CD2020 is approved and hereby established.
SECTION 2.
Funds in the amount of $8,000.00 are hereby budgeted and appropriated from Account
25414000-58050 to Account No. 25014000-58050 Project No. CD2020.
SECTION 3.
The Temporary Easement Agreement between the Pueblo Development Company, LLC,
a Colorado Limited Liability Company, and the City of Pueblo, a Municipal Corporation, for
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property access facilitating the design and construction of a roadway located in the West 18
Street Right-of-Way between Spaulding Avenue and Perry Avenue, a copy of which is attached
hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 4.
The Mayor is hereby authorized to execute the Agreement on behalf of the City of Pueblo,
a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same.
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached Agreement to effectuate the
transactions described therein
SECTION 6.
If any section, paragraph, clause, or provision of this Ordinance shall for any reason be
held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph,
clause, or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 7.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
REST OF THIS PAGE LEFT INTENTIONALLY BLANK
SIGNATURE PAGE TO FOLLOW
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on October 13, 2020 .
Final adoption of Ordinance by City Council on October 26, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on October 30, 2020 .
☐ 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
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 13, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Bryan Gallagher, Director, Housing and Citizen Services
SUBJECT: AN ORDINANCE ESTABLISHING PROJECT NO. CD2020, BUDGETING
AND APPROPRIATING $8,000 FROM ACCOUNT 25414000-58050
FROM THE DEPARTMENT OF HOUSING AND CITIZEN SERVICES FOR
GEOTECHNICAL ENGINEERING AND ENVIRONMENTAL
ASSESSMENT STUDIES, AND APPROVING A TEMPORARY
EASEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE PUEBLO DEVELOPMENT
COMPANY, LLC, A COLORADO LIMITED LIABILITY COMPANY, FOR
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THE EXPANSION OF WEST 18 STREET BETWEEN SPAULDING
AVENUE AND PERRY AVENUE
SUMMARY:
This Ordinance establishes Project No. CD2020 and budgets and appropriates $8,000 from
account No. 25414000-58050 for an environmental assessment and geotechnical engineering
study of the roadway. The Temporary Easement Agreement (“Agreement”) allows the City and
its contractors access to the project site and establishes a cost recovery schedule reimbursing
the City for a percentage of the CDBG funds used to construct the future roadway. The funds
repaid to the City will be considered CDBG Program Income, eligible to be expended on future
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CDBG projects. The land adjacent to the West 18 Street Right of Way is undivided ground,
making coordination with the developer imperative in order to ensure the completed roadway is
not later disturbed by home development. The Agreement sets a cost recovery rate for the City
at 50% of the project budget ($188,836.00), less the developer’s expense to survey, plat, and
subdivide four parcels of land, which represents the land on each side of the roadway over two
city blocks. Subdividing the property will allow the road to be constructed with the proper
infrastructure in place to support the housing development.
PREVIOUS COUNCIL ACTION:
The City Council has not taken any previous action on this matter.
BACKGROUND:
Last year the Cesar Chavez / Delores Huerta Preparatory Academy submitted a CDBG grant
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request to construct a two-block section of roadway on West 18 Street, connecting the Hyde
Park Neighborhood to Pueblo Boulevard. The project will provide better response times for
emergency services, and in general, be more convenient for neighborhood traffic as traversing
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the jog from 18 to 24 is not an intuitive path.
Economic benefits may be realized by the school having more visibility and better drop-off access.
The City may receive additional sales and property tax from the completed project. Negotiations
with the adjacent land developer may serve as a stimulus for the construction of 80 single-family
homes marketed in the $230k - $260k range by Monomoy Properties, LLC.
FINANCIAL IMPLICATIONS:
This Ordinance approves budgeting and appropriating $8,000 from Account 25414000-58050 for
geotechnical and environmental studies.
BOARD/COMMISSION RECOMMENDATION:
The Citizens Advisory Committee reviewed the grant application, heard testimony, and
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recommended grant funding for the West 18 Street Expansion Project in the amount of
$377,863.00
STAKEHOLDER PROCESS:
The Citizens Advisory Committee (“CAC”) has held a series of public meetings, and during the
July and August 2019 Work Sessions, Staff presented the recommendations of the CAC.
ALTERNATIVES:
City Council can choose not to approve the Ordinance, in which case the street will not be built.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
Proposed Ordinance
Temporary Easement Agreement