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HomeMy WebLinkAbout10471 City Clerk's Office Item # R1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 12, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE TRANSFERRING $1,200,000.00 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO PROJECT NO. CIAN23 - DEMOLITION OF UNSAFE STRUCTURES, AND BUDGETING AND APPROPRIATING $1,200,000.00 TO SAID PROJECT SUMMARY: This Ordinance transfers $1,200,000.00 from the 2023 fund balance of the General Fund, and budgets and appropriates said funds into Project No. CIAN23 - Unsafe Building Demolition to fund work associated with the demolition of the structure commonly known as "The Albany" located at 125 E. 7th Street. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The building located at 125 E. 7th Street was damaged by a fire that occurred on August 9, 2021. The building was subsequently condemned by Pueblo Regional Building Department and a Notice and Order to cause the abatement of hazards was issued to the property owner. The property owner was not responsive to the Notice and Order requirements and the case was referred to the City for demolition, in accordance with the 1997 Uniform Code for the Abatement of Dangerous Buildings, as amended and adopted in Title IV, Chapter 13 of the Pueblo Municipal Code. Currently, the structure is a highly-visible blight on the City and also presents a safety concern to residents.The City has conducted an environmental assessment of the structure which determined that asbestos-containing materials are present which require abatement. Due to the extent of fire damage to the building, a demolition contractor would not be able to safely perform the abatement and demolition work using approved "standard" abatement methods normally required under Regulation Number 8 - Control of Hazardous Air Pollutants (5 CCR 1001-10). The City has applied to the Colorado Department of Public Health and Environment (CDPHE) for a variance to perform the abatement using alternative methods and implementing risk mitigation measures which will be specifically required by CDPHE. The demolition and abatement work are estimated between $1M and $1.2M (including contingencies). Any budgeted and appropriated funds remaining after the Albany demolition work is completed will remain in the project account and used for other future unsafe building demolition projects. FINANCIAL IMPLICATIONS: This Ordinance will transfer $1,200,000.00 from the General Fund Unappropriated Fund Balance and budget and appropriate that amount to Project No. CIAN23 - Demolition of Unsafe Structures. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failure to pass this Ordinance will preclude the City from completing the demolition of the damaged structure located at 125 E. 7th Street. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: None ORDINANCE NO. 10471 AN ORDINANCE TRANSFERRING $1,200,000.00 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO PROJECT NO. CIAN23 - DEMOLITION OF UNSAFE STRUCTURES, AND BUDGETING AND APPROPRIATING $1,200,000.00 TO SAID PROJECT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Funds in the amount of $1,200,000.00 are hereby transferred from the 2023 unappropriated fund balance of the General Fund, and budgeted and appropriated into Project No. CIAN23 - Demolition of Unsafe Structures. SECTION 2. The officers of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 3. 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 May 22, 2023. Final adoption of Ordinance by City Council on June 12, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on _June 14, 2023____. ☐ 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