HomeMy WebLinkAbout11133 Docusign Envelope ID: E3343A44-9BE8-4DC9-ADCB-285505548A44
City Clerk's Office Item #S4
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1111-- PUEBLO
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Background Paper for Proposed
Action Item
COUNCIL MEETING DATE: March 23, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Vince Petkosek, Deputy City Clerk
FROM: Melissa Cook, Director Department of Housing & Citizen Services
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO COLORADO DEPARTMENT OF LOCAL
AFFAIRS USE COVENANT AND REGULATORY AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND THE STATE OF COLORADO, BY AND
THROUGH THE DEPARTMENT OF LOCAL AFFAIRS, REGARDING
THE LONG-TERM USE OF THE PUEBLO SHELTER, LOCATED AT 728
W. 4TH, PUEBLO, CO 81003
SUMMARY:
This ordinance updates a recorded use covenant with the Department of Local Affairs,
updating the ownership of the Pueblo Shelter from the Pueblo Rescue Mission to the
City of Pueblo, and updates the required beds from 100 to 92.
PREVIOUS COUNCIL ACTION:
There is no previous council action.
BACKGROUND:
In 2019, the previous owner of the Pueblo Shelter received a grant from the Department
of Local Affairs to rehabilitate the property at 724-728 West 4th Street, Pueblo, CO
81003. As a condition of that funding, a permanent use covenant was recorded on the
property requiring that it be used for homeless sheltering for a minimum of 40 years.
When the City of Pueblo assumed ownership of the shelter in 2024, it was noted that the
covenant referenced 100 beds rather than the maximum allowable occupancy of 92
beds. This discrepancy is being corrected as part of the ownership transition. The use
covenant remains in effect until August 2059.
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FINANCIAL IMPLICATIONS:
There are no financial implications as there is no direct cost associated with entering in
this agreement.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
Council could deny the ordinance and the previous use covenant would remain in place,
with the incorrect ownership information and incorrect number of beds.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Recorded Use Covenant
2. Amendment to Use Covenant
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ORDINANCE NO. 11133
AN ORDINANCE APPROVING AND AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO COLORADO
DEPARTMENT OF LOCAL AFFAIRS USE COVENANT AND
REGULATORY AGREEMENT BETWEEN THE CITY OF PUEBLO,
A COLORADO MUNICIPAL CORPORATION, AND THE STATE
OF COLORADO, BY AND THROUGH THE DEPARTMENT OF
LOCAL AFFAIRS, REGARDING THE LONG-TERM USE OF THE
PUEBLO SHELTER, LOCATED AT 728 W. 4TH, PUEBLO, CO
81003
WHEREAS, the City of Pueblo must coordinate with several agencies as part of a process
to environmentally clear sites prior to the use of federal funding on the site; and
WHEREAS, the City of Pueblo previously was required to consult with the State Historic
Preservation Office on sites that had irreversible damage as designated through condemnation
and or demolition notice(s) issues by the City of Pueblo in need of demolition; and
WHEREAS, the only end use of these properties is demolition, regardless of historic value
is demolition, and they are beyond repair; NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Amendment No.1 to the Programmatic Agreement between the City of Pueblo, a Colorado
Municipal Corporation, and the State Historic Preservation Office, relating to the City of Pueblo's
federal environmental review responsibilities in accordance with Section 104(g) of the Housing
and Community Development Act of 1974 [42U.S.C.5304(g)], whereby the Entitlement
Community assumes federal agency responsibility for compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (54U.S.C.300101 et seq.), a copy of which is
attached hereto and has been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor of the City of Pueblo is hereby authorized and directed to execute said
Programmatic Agreement in the name of the City, and the City Clerk is hereby authorized and
directed to affix the official seal of the City of Pueblo and attest the same.
SECTION 3.
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 Programmatic Agreement to
effectuate the transactions described therein.
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SECTION 4.
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 March 09, 2026.
Final adoption of Ordinance by City Council on March 23, 2026. Signedby:Docu
auff
President ofCityPnuAcil
Action by the Mayor:
❑ Approved on 03/24/2026
❑ 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 Signed by:
A P q,,DStt
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Deputy City erc`