HomeMy WebLinkAbout10654ORDINANCE NO. 10654
AN ORDINANCE APPROVING A DEPOSIT AGREEMENT
BETWEEN JORDAN ENGINEERING, LLC., A NEW MEXICO
LIMITED LIABILITY COMPANY, AND THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, RELATING TO THE
COLLECTION OF A DEPOSIT FOR THE INSTALLATION OF
PUBLIC IMPROVEMENTS AND AUTHORIZING EXECUTION
THEREOF BY THE MAYOR
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Deposit Agreement ("Agreement") by and between Jordan Engineering, LLC., a
New Mexico Limited Liability Company, and the City of Pueblo, a Colorado Municipal
Corporation, a copy of which is attached hereto and made a part hereof by reference, after
having been approved as to form by the Pueblo City Attorney, is hereby approved. The Mayor is
hereby authorized to execute an Agreement for and on behalf of the City Pueblo and the City
Clerk is authorized to affix the seal of the City thereto and attest same.
SECTION 2.
The officers of the City are authorized to perform any and all acts consistent with this
Ordinance and the attached Agreement 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 February 12, 2024.
Final adoption of Ordinance by City Council on February 26, 2024.
APPROVED:
PRESIDENT OF CITY COUNCIL
Action by the Mayor:
☒ Approved on , 02/29/2024 .
□ 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 # R1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 26, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE APPROVING A DEPOSIT AGREEMENT BETWEEN
JORDAN ENGINEERING, LLC., A NEW MEXICO LIMITED LIABILITY
COMPANY, AND THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, RELATING TO THE COLLECTION OF A DEPOSIT
FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS AND
AUTHORIZING EXECUTION THEREOF BY THE MAYOR
SUMMARY:
Attached is an Ordinance approving a Deposit Agreement between Jordan
Engineering, LLC., and the City of Pueblo and authorizing the Mayor to execute said
Agreement.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Jordan Engineering, LLC will become the owner of a portion of the property located
near the intersection of Pueblo Boulevard and Sovereign Circle which is currently in the
process of being resubdivided. The developer intends to construct a drive-through
coffee shop and has provided a traffic queueing analysis that demonstrates that traffic
queues should normally be contained within the boundary of the property based on
traffic generation data from other similar coffee shops operating in the region.
However, engineers from both the City of Pueblo and CDOT have expressed concerns
about the potential impacts on traffic flows on Pueblo Boulevard due to the proximity to
the state highway. In order to mitigate any concerns related to unwanted traffic impacts
on Pueblo Boulevard, the developer has agreed to provide a deposit of $10,000.00 that
the City of Pueblo may use to construct additional improvements necessary to modify
or close the existing driveway if traffic queueing extends outside of the property.
FINANCIAL IMPLICATIONS
There are no direct financial costs to the City of Pueblo related to the adoption of this
Ordinance. If approved, the City of Pueblo will collect a deposit of $10,000.00 from the
developer and may liquidate said deposit if deemed necessary to modify or close the
existing driveway at any time during the first year after issuance of a Certificate of
Occupancy for the proposed coffee shop. The terms of the proposed agreement required that
the deposit be returned to the Developer if no undesired traffic impacts occur within the first year
after the issuance of a Certificate of Occupancy.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failing to approve this Ordinance will prevent the City of Pueblo from being able to
enter into the proposed Deposit Agreement with the developer.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Deposit Agreement (Dutch Bros). Clean. Developer Executed