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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