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HomeMy WebLinkAbout11108 City Clerk's Office Item # S13 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 12, 2026 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 THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND QQ OPERATING HOLDING COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY SUMMARY: This Ordinance approves a Deposit Agreement ("Agreement") between the City of Pueblo, a Colorado Municipal Corporation ("City") and QQ Operating Holding Company, LLC, a Delaware Limited Liability Company related to public improvements incident to a development project on the southeast corner of Eagleridge Boulevard and Dillon Drive. PREVIOUS COUNCIL ACTION: None. BACKGROUND: QQ Operating Holding Company, LLC, will be constructing a Quick Quack Car Wash on the southeast corner of Eagleridge Blvd. and Dillon Dr. As part of the development project, the developer is responsible to construct public improvements to mitigate the impacts of activities generated by the development. The City has been awarded a Highway Safety Improvement Program (HSIP) grant for the construction of a new roundabout that will improve the safety of all roadway users at the intersection. The project covers many of the improvements that would have otherwise been required by the developer, but required improvements to the easternmost end of Eagleridge Boulevard was not included within the City's roundabout project scope. Because of existing site conditions on the eastern leg of the Dillon/Eagleridge intersection and the anticipated timing of the City's roundabout construction project, it is likely that significant portions of Quick Quack Operating Holding Company's work will need to be redone to accommodate the roundabout construction project. Rather than removing the newly installed improvements, it is in both parties' best interests for the City to perform the additional work as part of its roundabout project and for the Developer to provide funds to cover the anticipated cost of the additional work. FINANCIAL IMPLICATIONS: The City will receive a deposit of $150,000.00 from QQ Operating Holding Company, LLC, that will be used to fund the remaining public improvement work associated with development of the new car wash facility. Funds will be deposited into Deposit Account D0103 - Commercial Building Escrows. BOARD/COMMISSION RECOMMENDATION: Not applicable to this ordinance. STAKEHOLDER PROCESS: Not applicable to this ordinance. ALTERNATIVES: Failure to approve this ordinance will preclude the Mayor from entering into the Deposit Agreement with the Developer. RECOMMENDATION: Approval of the ordinance. ATTACHMENTS: 1. QQ Deposit Agreement ORDINANCE NO. 11108 AN ORDINANCE APPROVING A DEPOSIT AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND QQ OPERATING HOLDING COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Deposit Agreement ("Agreement") between Quick Quack Operating Holding Company, LLC, a Delaware Limited Liability Company ("Developer") and the City of Pueblo, a Colorado Municipal Corporation ("City"), a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds in the amount of $150,000.00 received from Developer are hereby deposited into Deposit Account D0103 - Commercial Building Escrows. SECTION 3. The Mayor is authorized to execute and deliver the Agreement in the name of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. The officers of the City are authorized to perform any and all acts consistent with this Ordinance and the Agreement to implement the policies and procedures described herein. SECTION 5. 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 December 22, 2025. Final adoption of Ordinance by City Council on January 12, 2026. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk