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									              COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


                                                                  COLORADO SPRINGS, COLORADO
                                                                  CITY COUNCIL CHAMBERS
                                                                  CITY HALL - 107 N. NEVADA
                                                                  AUGUST 22, 2006 – 1:00 P.M.


       Council met in Regular Session.

       There were present: Mayor Rivera, Councilmembers Gallagher, Glenn, Heimlicher, Hente,
       Herpin, Purvis, Radford and Small. Also present, Assistant City Manager Anderson and City
       Attorney/Chief Legal Advisor Kelly.

                                     ---------------0---------------

1.     Invocation and Pledge of Allegiance.

       The meeting was opened with an invocation by Councilmember Herpin.

                                     ---------------0---------------

2.     Changes to Agenda/Postponement.

       There were none.

                                     CONSENT CALENDAR

3.     The following items were acted upon by unanimous consent of the members present:

       SECOND PRESENTATION:

A-1.   Ordinance No. 06-139 entitled “AN ORDINANCE AMENDING ORDINANCE NO. 05-195
       (2006 APPROPRIATION ORDINANCE) AND ORDINANCE NO. 05-194 (2006 TAX LEVY
       ORDINANCE) FOR THE PSST (PUBLIC SAFETY SALES TAX) FUND IN THE TOTAL
       AMOUNT OF $550,000 FOR THE DNA LAB” was presented for final passage.

       FIRST PRESENTATION:

B-1.   Resolution No. 123-06 was presented: “A RESOLUTION TO ABANDON THE GSE FACILITY
       PROJECT AT THE COLORADO SPRINGS AIRPORT”.

B-2.   Ordinance No. 06-145 entitled “AN ORDINANCE AMENDING ORDINANCE NO. 05-195
       (2006 APPROPRIATION ORDINANCE) AND ORDINANCE NO. 05-194 (2006 TAX LEVY
       ORDINANCE) FOR THE GRANTS FUND IN THE TOTAL AMOUNT OF $350,718 FOR THE
       FY 2007 METRO RIDES PROGRAM” was introduced and read.

B-3.   Resolution No. 120-06 was presented: “A RESOLUTION APPROVING TWO CHANGE
       ORDER LETTERS BETWEEN THE STATE OF COLORADO AND THE CITY OF
       COLORADO SPRINGS FOR YEAR 2007 CONGESTION MITIGATION AND AIR QUALITY
       FUNDING FOR THE METRO RIDES PROGRAM”.


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              COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


B-4.   Ordinance No. 06-146 entitled “AN ORDINANCE AMENDING ORDINANCE NO. 05-195
       (2006 APPROPRIATION ORDINANCE) AND ORDINANCE NO. 05-194 (2006 TAX LEVY
       ORDINANCE) FOR THE GRANTS FUND IN THE TOTAL AMOUNT OF $18,753 FOR THE
       CONE ZONE ENFORCEMENT PROGRAM” was introduced and read.

B-5.   Assignment of 2006 Private Activity Bond Allocation to El Paso County.

B-6.   Ordinance No. 06-147 entitled “AN ORDINANCE AMENDING ORDINANCE NO. 05-195
       (2006 APPROPRIATION ORDINANCE) AND ORDINANCE NO. 05-194 (2006 TAX LEVY
       ORDINANCE) IN THE AMOUNT OF $300,000 FOR THE FIRE DEPARTMENT MEDICAL
       DIVISION” was introduced and read.

B-7.   Ordinance No. 06-148 entitled “AN ORDINANCE AMENDING ORDINANCE NO. 05-195
       (2006 APPROPRIATION ORDINANCE) AND ORDINANCE NO. 05-194 (2006 TAX LEVY
       ORDINANCE) FOR THE GRANTS FUND IN THE AMOUNT OF $217,632 RECEIVED FROM
       THE COLORADO DIVISION OF EMERGENCY MANAGEMENT TO BE USED FOR OFFICE
       OF EMERGENCY MANAGEMENT LANDSLIDE MITIGATION EFFORTS” was introduced
       and read.

B-8.   CPC A 03-00290: Resolution No. 121-06 was presented: “A RESOLUTION FINIDNG A
       PETITION FOR ANNEXATION OF THE AREA KNOWN AS PENKHUS ANNEXATION
       CONSISTING OF 1.284 ACRES LOCATED SOUTHWEST OF AUSTIN BLUFFS PARKWAY
       AND SIFERD BOULEVARD AND ADDRESSED AS 4335 AUSTIN BLUFFS PARKWAY TO
       BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-13-107, C.R.S. AND SETTING A
       HEARING DATE OF SEPTEMBER 26, 2006 FOR THE COLORADO SPRINGS CITY
       COUNCIL TO CONSIDER THE ANNEXATION OF THE AREA”.

B-9.   CPC PUZ 06-00012:      (Quasi-Judicial Matter) Ordinance No. 06-149 entitled “AN
       ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF COLORADO SPRINGS
       RELATING TO 8.94 ACRES LOCATED NORTHWEST OF VOYAGER PARKWAY AND
       RIDGELINE DRIVE” was introduced and read. (PUD to PUD)

B-10. CPC PUD 06-00013: (Quasi-Judicial Matter) Request by Thomas and Thomas on behalf
      of Terra Star Partners, Inc. for an amendment to the PUD development plan for
      Promontory consisting of 72 duplex and townhome units on 8.94 acres located
      northwest of Voyager Parkway and Ridgeline Drive.

       Motion by Small, second by Radford, that all matters on the Consent Calendar be passed,
       adopted and approved by unanimous consent of the City Council.

       Ayes:        Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
       Noes:        None
       Absent:      None

                                      ---------------0---------------




                                                   19
            COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


4.   Resolutions of Appreciation

     Resolution No. 122-06 was presented: “A RESOLUTION OF APPRECIATION FOR LUIS
     VELEZ ON THE OCCASION OF HIS RETIREMENT AS CHIEF OF POLICE FOR THE CITY
     OF COLORADO SPRINGS POLICE DEPARTMENT”.

     Motion by Radford, second by Small, that the resolution be adopted.

     Ayes:         Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
     Noes:         None
     Absent:       None

                                      CITIZEN DISCUSSION

     John Ciletti cited concerns regarding the Union Boulevard construction; schools’ safety signs
     and school zone designations at Union Boulevard and Palmer Park Boulevard and Union
     Boulevard and Cache La Poudre Street, request for flashing lights and signs; speed zone
     signage and traffic direction and information signs on Union Boulevard; workmanship on this
     project not very good, wants City to be instructed to follow through with these requests.

     Allison Childs expressed concerns stating the Colorado Springs Police Department (CSPD) is
     slow in responding to calls at her apartment complex for code enforcement; had complaints
     regarding City buses not air conditioned, not getting what was voted on; tenant/landlord
     problem.

     Luther Floore thanked City Council for all they do.

     Jeri Lucien stated Woodmen Road and Academy Boulevard are being used as a car lot selling
     private vehicles.

     Skip Cahn spoke on water issues and the three-tiered method of allocating water costs;
     method not equitable, should be a flat fee and push rates up when appropriate.

     Judith Rice Jones spoke on transportation safety issues on Fillmore Street, Templeton Gap
     Road and Hancock Avenue for school children; expressed concerns with lack of sidewalks,
     shrubs obscuring traffic signs, weeds overgrown on walkways including the street.

     City Administration to follow-up on the transportation safety issues.

                                      ---------------0---------------

5.   Motion by Glenn, second by Purvis, that the Minutes of the Regular Council meeting of August
     8, 2006 be approved as written. The motion unanimously carried.

                                    UNFINISHED BUSINESS

6.   Ordinance No. 06-140 entitled “AN ORDINANCE AMENDING ORDINANCE NO. 05-195
     (2006 APPROPRIATION ORDINANCE) AND ORDINANCE NO. 05-194 (2006 TAX LEVY
     ORDINANCE) FOR THE PARKING SYSTEM FUND IN THE AMOUNT OF $2,270,216 TO
     FUND THE CONSTRUCTION OF THE EXPANSION OF THE CITY ADMINISTRATION
                                                   20
            COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


     BUILDING (CAB) PARKING GARAGE CONSISTING OF A BASEMENT AND SEVEN (7)
     SUPPORTED LEVELS (521 SPACES)” was brought up on second presentation.

     Greg Warnke, Parking Administrator, stated that El Paso County has withdrawn from
     participating in this project, therefore reducing the amount to $2,270,216; will require a third
     reading.

     Motion by Small, second by Hente, that the ordinance be passed as amended on second
     reading with a third reading to follow.

     Ayes:        Hente, Herpin, Radford, Rivera, Small
     Noes:        Gallagher, Glenn, Heimlicher, Purvis
     Absent:      None

     Mayor Rivera declared the motion carried.

                                     ---------------0---------------

7.   Ordinance No. 06-135 entitled “AN ORDINANCE OF THE CITY OF COLORADO SPRINGS
     DETERMINING IT IS NECESSARY TO ESTABLISH THE COLORADO SPRINGS
     DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AND SUBMITTING A QUESTION OF
     CREATING THE COLORADO SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY, A
     QUESTION OF ESTABLISHING A PROPERTY TAX MILL LEVY AT A RATE NOT TO
     EXCEED FIVE MILLS, A QUESTION OF EXEMPTING REVENUES COLLECTED BY THE
     COLORADO SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY OR BY THE CITY FOR
     THE COLORADO SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY FROM ARTICLE
     X, SECTION 20 OF THE COLORADO CONSTITUTION, SECTION 7-90 OF THE CHARTER
     OF THE CITY OF COLORADO SPRINGS AND STATUTORY REVENUE LIMITATIONS,
     AND A QUESTION AUTHORIZING THE ISSUANCE OF DEBT FOR THE COLORADO
     SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY BY THE CITY OF COLORADO
     SPRINGS AT THE ELECTION ON NOVEMBER 7, 2006 AND AUTHORIZING CERTAIN
     OTHER ACTIONS CONCERNING THE ELECTION” was brought up on third presentation.

     Lisa Bigelow, Budget Department Analyst, entered her appearance and answered questions.

     Motion by Hente, second by Radford, that the ordinance be finally passed.

     Ayes:        Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Small
     Noes:        Gallagher, Rivera
     Absent:      None

     Mayor Rivera declared the motion carried.

                                     ---------------0---------------

8.   Ordinance No. 06-141 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
     SPRINGS THAT AREA SOMETIMES KNOWN AS STETSON NORTH ADDITION NO. 1 AS
     HEREINAFTER SPECIFICALLY DESCRIBED IN EXHIBIT “A”” was brought up on second
     presentation.


                                                  21
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


      Motion by Hente, second by Gallagher, that the ordinance be finally passed.
      Ayes:       Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:       None
      Absent:     None

                                     ---------------0---------------

9.    CPC ZC 06-00091: Ordinance No. 06-142 entitled “AN ORDINANCE AMENDING THE
      ZONING MAP OF THE CITY OF COLORADO SPRINGS RELATING TO 1.043 ACRES
      LOCATED ALONG THE WEST SIDE OF MARKSHEFFEL ROAD, APPROXIMATELY ¼
      MILE SOUTH OF WOODMEN ROAD” was brought up on second presentation. (A/AO-
      CAD/SS)

      Motion by Hente, second by Gallagher, that the ordinance be finally passed.

      Ayes:        Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:        None
      Absent:      None

                                     ---------------0---------------

10.   Withdrawal of the North Nevada Avenue Corridor Improvement Plan Amendment to the
      City’s Intermodal Transportation Plan.

      Craig Blewitt, Transportation Planning Manager, explained why this item was being withdrawn
      so the traffic study can be conducted and reviewed by the Urban Renewal Authority.

      Motion by Radford, second by Hente, that the withdrawal of the North Nevada Avenue
      Corridor Improvement Plan Amendment to the City’s Intermodal Transportation Plan be
      approved. The motion unanimously carried.

                                     ---------------0---------------

11.   Motion by Purvis, second by Radford, that Tomi J. Bess be re-appointed to a term as a
      member of the Board of Massage Examiners; said term expiring March 27, 2009. The motion
      unanimously carried.

      Motion by Small, second by Radford, that Yolanda M. Fennick, James P. Moore, Stephen K.
      Goldstone, Curtis Brown and Linda Halbouty be re-appointed and Paul Johnson be appointed
      to terms as members of the Memorial Hospital Board; said terms expiring September 22,
      2009, respectively for the re-appointments and September 22, 2008 for the new appointment.
      The motion unanimously carried.

      Motion by Radford, second by Purvis, that Jill Gaebler and John Wilson (term will begin
      December 31, 2006) be appointed to terms as members of the Pikes Peak Library District;
      said terms expiring December 31, 2009. The motion unanimously carried.

      Motion by Small, second by Radford, that Michael Freeman and Marshall Tuttle be re-
      appointed to terms as members of the Telecommunications Policy Advisory Committee; said
      terms expiring October 9, 2009. The motion unanimously carried.
                                                   22
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006



      Motion by Radford, second by Gallagher, that Commander Jim Reid, Dr. Jack Sharon and
      Fire Chief Robert Helton be appointed to terms as members of the (County Appointments for
      Approval) Emergency Services Agency; said terms expiring August 17, 2009, August 17,
      2007 and August 17, 2008, respectively. The motion unanimously carried.

                                         NEW BUSINESS

12.   A resolution approving reallocation of the Fire Department Complex Phase II Design
      funds and COP payment funds, reallocation of Fire Station #1 COP payment funds and
      partial reallocation of Fire Station #17 addition funds and transfer of funds to the Fire
      Department Complex Phase II project.

      Manuel Navarro, Colorado Springs Fire Department Chief, introduced Deputy Chief Cox to
      speak on this item; explained this item was continued on Public Safety Sales Tax (PSST)
      Oversight Committee agenda, financials have not been shared but will be at the next PSST
      meeting.

      Motion by Gallagher, second by Radford, that this matter be continued to the City Council
      meeting of September 12, 2006.

      Ayes:        Gallagher, Glenn, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:        Heimlicher
      Absent:      None

      Mayor Rivera declared the motion carried.

                                     ---------------0---------------

13.   Resolution No. 124-06 was presented: “A RESOLUTION DESIGNATING THE
      COORDINATED ELECTION AS A SPECIAL MUNICIPAL ELECTION TO BE HELD
      NOVEMBER 7, 2006, AND APPROVING THE INTERGOVERNMENTAL AGREEMENT
      BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF EL PASO COUNTY, THE EL
      PASO COUNTY CLERK AND RECORDER, STATE OF COLORADO AND THE CITY OF
      COLORADO SPRINGS”.

      Kathryn Young, City Clerk, gave a presentation, distributed an addendum to the
      Intergovernmental Agreement (IGA) which specifically gives the correct dates; has been
      reviewed by the City Attorney.

      Motion by Gallagher, second by Radford, that the resolution be adopted.

      Ayes:        Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:        None
      Absent:      None

                                     ---------------0---------------




                                                   23
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


14.   Submittal of the mail ballot election plan and calendar for the creation of a Downtown
      Development Authority (DDA) to be held as a Special Municipal Election November 7,
      2006.

      Ms. Young gave a brief presentation and answered questions.

      Motion by Small, second by Radford, that the mail ballot election plan and calendar for the
      creation of a Downtown Development Authority (DDA) to be held as a Special Municipal
      Election November 7, 2006 be approved.

      Ayes:        Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:        Gallagher
      Absent:      None

      Mayor Rivera declared the motion carried.

                                     ---------------0---------------

15.   Resolution No. 125-06 was presented: “A RESOLUTION OF THE CITY COUNCIL OF THE
      CITY OF COLORADO SPRINGS, COLORADO APPROVING THE SERVICE PLAN FOR
      STETSON RIDGE METROPOLITAN DISTRICT NO. 3”.

      Ms. Bigelow reviewed the aspects of the Stetson Ridge Metropolitan District No. 3 Service
      Plan and answered questions.

      Motion by Hente, second by Radford, that the resolution be adopted.

      Ayes:        Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:        None
      Absent:      None

                                     ---------------0---------------

                            Councilmember Radford was excused.

                                     ---------------0---------------

16.   Resolution No. 126-06 was presented: “A RESOLUTION OF THE CITY COUNCIL OF THE
      CITY OF COLORADO SPRINGS, COLORADO APPROVING THE CONSOLIDATED
      SERVICE PLANS FOR COLORADO CROSSING METROPOLITAN DISTRICTS NOS. 1, 2,
      AND 3”.

      Ms. Bigelow reviewed the Service Plans for Colorado Crossing Metropolitan Districts Nos. 1, 2
      and 3 and answered questions.

      Motion by Hente, second by Small, that the resolution be adopted.

      Ayes:        Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Rivera, Small
      Noes:        None
      Absent:      Radford
                                                   24
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006



                                     ---------------0---------------

                           Councilmember Gallagher was excused.

                                     ---------------0---------------

17.   Resolution No. 127-06 was presented: “A RESOLUTION OF THE CITY COUNCIL OF THE
      CITY OF COLORADO SPRINGS, COLORADO APPROVING THE SERVICE PLAN FOR
      MOUNTAIN VISTA METROPOLITAN DISTRICT”.

      Ms. Bigelow reviewed the Service Plan for Mountain Vista Metropolitan District and answered
      questions.

      Motion by Hente, second by Small, that the resolution be adopted.

      Ayes:        Glenn, Heimlicher, Hente, Herpin, Purvis, Rivera, Small
      Noes:        None
      Absent:      Gallagher, Radford

                                     ---------------0---------------

                              Councilmember Gallagher returned.

                                     ---------------0---------------

18.   Resolution No. 128-06 was presented: “A RESOLUTION OF THE CITY COUNCIL OF THE
      CITY OF COLORADO SPRINGS, COLORADO APPROVING THE SERVICE PLAN FOR
      COLLEGE CREEK METROPOLITAN DISTRICT”.

      Ms. Bigelow reviewed the Service Plan for College Creek Metropolitan District and answered
      questions.

      Motion by Hente, second by Small, that the resolution be adopted.

      Ayes:        Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Rivera, Small
      Noes:        None
      Absent:      Radford

                                     ---------------0---------------

19.   Resolution No. 129-06 was presented: “A RESOLUTION OF THE CITY COUNCIL OF THE
      CITY OF COLORADO SPRINGS, COLORADO APPROVING THE CONSOLIDATED
      SERVICE PLANS FOR ALLISON VALLEY METROPOLITAN DISTRICTS NOS. 1 AND 2”.

      Ms. Bigelow reviewed the Consolidated Service Plans for Allison Valley Metropolitan Districts
      Nos. 1 and 2 and answered questions.

      Motion by Hente, second by Small, that resolution be adopted.


                                                   25
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006



      Ayes:         Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Rivera, Small
      Noes:         None
      Absent:       Radford

                                       ---------------0---------------

20.   Resolution No. 130-06 was presented: “A RESOLUTION OF THE CITY COUNCIL OF THE
      CITY OF COLORADO SPRINGS, COLORADO APPROVING THE SERVICE PLAN FOR
      BRADLEY RANCH METROPOLITAN DISTRICT”.

      Ms. Bigelow reviewed the Service Plan for Bradley Ranch Metropolitan District and answered
      questions.

      Motion by Hente, second by Small, that the resolution be adopted.

      Ayes:         Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Rivera, Small
      Noes:         None
      Absent:       Radford

                                       ---------------0---------------

                                Councilmember Radford returned.

                                       ---------------0---------------

21.   A resolution establishing the fee and credit structure for the Stormwater Enterprise of
      the City of Colorado Springs, Colorado (Article 8, Chapter 14 of the City Code).

      Mike Anderson, Assistant City Manager, reviewed directions from Staff regarding Vice
      Mayor’s tiered proposal and Pueblo tiered structure; Staff has five options to review with City
      Council.

      Ken Sampley, Stormwater Engineering Manager, reviewed the items discussed from the
      Informal City Council meeting.

      John Sorenson, Consultant, made comparisons in the proposed rate structures and discussed
      equity issues with the rates, square footage and ratios.

      Mr. Sampley reviewed an 18-tier concept with square footage ranging from 0 – 950,000 and
      fees of $1.50 to $1,500; total revenue generated is $11.7 million plus $2.3 million totaling $14
      million; amount lower than anticipated but is a major start.

      Nate Winterfield, Roger Horragin, Roy Thomas, Jerrold Hedquist, Allison Childs, Mark Strugs,
      Elizabeth Vernice, Frank McCann, of Falcon Estates, Matt Louer, Pastor Jim Etheridge, John
      Fuller, Ken Rice, Matthew Butte’, Christine Benberg, Kent Petry, Father Walter Wilson and
      Walter Lawson spoke in opposition of the proposed resolution citing the following comments:
      has storage facilities that will be affected by this fee, considers this a tax increase; reconsider
      fee; will increase church operating cost by $1,500 a month; a burden to church members;
      costs must be increased to meet fees, churches do not have that luxury; parking lot required
                                                     26
       COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


to encourage most visitors, now will pay the price for this; one of the most objectionable part
of the unreasonable proposal is being charged for water that never gets into the Stormwater
System, not reasonable to review five plans at this meeting; either delay vote or get new
plans; some people will pay more than others, discriminating proposal, need public process,
discuss and bring back to City Council to consider; church just got out of debt, this will take
back into debt; concerned that fee and tax are the same; category for non-profit should be
considered, fees cannot be passed on to customers due to nature of business; geared toward
original proposal; flat fee simple way to go and easily updated, used by other cities; rates form
other cities less than Colorado Springs proposed; neighborhood absorbs water from
developers; proposed rates too high; opposes fee being levied; fuel costs have raised costs in
order to keep level of service at his church, this fee will also have an impact on the other
services provided by his church; built new church on east side, with detention pond at cost of
$40,000; tap fees for utility access should be enough for drainage and stormwater fees for
years; small church with very little left to pay these additional costs; church different than non-
profit; start at residential level for smaller churches; an equitable way has to be found to
spread this cost out; amount of time church parking lot used is minimal compared to large
business like Lowe’s; not looking forward, always looking back; lost confidence with
Government; cannot afford, needs information about estimate costs; patrons from church are
being hit double; pay as property owner and as a member of the church; large burden; has
elderly parishoners with fixed incomes, find a way out of situation instead of perpetuating the
problem; this is a utility that everyone uses; City has allowed growth and now wants to require
the citizen to pay for it, immoral action, developers should be required to pay; not ready; rising
cost of living, non-profit be deferred and allowed to rebuild parking lots; concentrate on growth
issues, drainage basin fees too low and inadequate to address these problems, many do not
have ability to pay.

Louise Grant, Ray Sanford, Kevin Walker, Tom Harold, Stormwater Advisory Committee, Will
Temby, Colorado Springs Chamber of Commerce and Don Emmanuel spoke in support of the
proposed resolution citing the following comments: concerned about severe erosion behind
home, wants her problem brought to top of list; Cottonwood Creek behind her home; read
article from The Gazette regarding stormwater drainage; showed pictures of why she feels the
SWENT is so badly needed; has watched backside of his home disappear; stormwater has
eroded cliff to 21’ and has become very dangerous; abutments have eroded to dangerous
levels; if funding level tapers off, when will issues such as his and neighbors be addressed;
smaller percentage of house has impervious area and vice versa; limited ability citizens will
suffer the most with tiered proposal; stormwater needs to be addressed; supports SWENT;
strong vibrant communities need this; adequate funding is very important to problems in this
community; committee would like to review the new proposal and information; to come back
with a viable solution for Council’s consideration and be equitable to the community, cannot
satisfy everyone; SWENT plays into our relationship with Pueblo; must take into account small
businesses and costs to them remaining in business; exempting non-profits would cause
some consternation within the business sector; need equilibrium and equity with this proposal;
wants to pay their share, no free ride; believe problem needs to be fixed.

Councilmember Small stated there were no fees of $1,500 for any business and not fair to
small business; can find fault in any system proposed what credit for run-off and absorption on
properties; no large fees on anyone; sensitive to business community; legal advise that his
proposal is not discriminatory and meets the test for legal issues; wants community solution to
this problem with equal sharing of the burden; does not want to exempt non-profit; still
convinced his proposal is the best; propose a cap to reduce tiers to get to $19 million.
                                             27
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006



      Councilmember Glenn would like a regional approach; place the issue on the ballot.

      Mayor Rivera stated the non-profit category may need to belong in a different category,
      possibly in residential; Pueblo tier that was presented may be extended to four tiers to capture
      larger properties; send back to the Stormwater Advisory Committee for review and input for an
      effective date of January 1, 2007.

      Motion by Purvis, second by Radford, that this matter be continued to the City Council meeting
      of October 10, 2006 with the following direction: change Building codes to add permeable
      surfaces to parking lots; add capital component to include drainage basin fees; evaluate and
      bring back, per house or per square footage charge; adjust fees; move forward to a January 1,
      2007 implementation date.

      Ayes:        Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:        Gallagher, Glenn
      Absent:      None

      Mayor Rivera declared the motion carried.

                                      ---------------0---------------

22.   Resolution No. 131-06 was presented: “A RESOLUTION APPROVING THE TRANSFER OF
      COMPLETED CAPITAL IMPROVEMENT PROJECT FUNDS AND A PARTIAL
      ABANDONMENT AND FUNDS TRANSFER FOR THE PAYMENT OF DEBT OWED FOR
      CONSTRUCTION OF A SOUND WALL ON WOODMEN ROAD PER AN AGREEMENT
      SIGNED BY THE CITY”.

      Robin Kidder, Senior Civil Engineer, summarized the item stating per an agreement between
      the City of Colorado Springs and Woodmen Retail Center (WRC), construction development
      of 3,350 feet of sound wall on the south side of Woodmen Road has been approved; design
      adjusted to keep the wall when the intersection work is conducted on Woodmen Road and
      Academy Boulevard.

      Motion by Hente, second by Gallagher, that the resolution be adopted.

      Ayes:        Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:        None
      Absent:      None

                                      ---------------0---------------

                           Councilmember Heimlicher was excused.

                                      ---------------0---------------

23.   Ordinance No. 06-150 entitled “AN ORDINANCE REPEALING ORDINANCE NO. 05-133
      PERTAINING TO THE DECLARATION OF AN EMERGENCY RELATING TO HURRICANE
      KATRINA” was introduced and read.


                                                    28
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


      Bret Waters, Office of Emergency Management Director, summarized the action taken with
      the Pikes Peak Disaster Recovery Center to assist incoming evacuees from affected areas
      devastated by Hurricane Katrina in the Gulf region. The major aspects of the recovery effort
      has ended and resolution is no longer needed.

      Bob Holmes, Homeward Pikes Peak, explained his role throughout this effort and placement
      of evacuees in need of various types of services to include literacy classes, resume’ writing,
      interview skills and utilizing the local transit system.

      James Rand and Floyd Preston, Lutheran Services Case Managers, summarized the role of
      their agency in this effort, schools, training, transportation, developing employment
      enhancement skills, crisis counseling and case management support from FEMA until
      September, 2007.

      Vicki Phillips, Accounting and Payroll Manager, reviewed the financial reimbursements;
      recovered $2,601,249; $193,774 still outstanding from FEMA.

      Motion by Hente, second by Gallagher, that the ordinance be passed as introduced.

      Ayes:        Gallagher, Glenn, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:        None
      Absent:      Heimlicher

                                     ---------------0---------------

24.   CPC CA 06-00109: An ordinance amending Section 105 (Additional Standards for
      Specific Uses allowed in Residential Zones) of Part 1 (Residential Districts) of Article 3
      (Land Use Zoning Districts) of Chapter 7 (Planning, Development and Building) of the
      Code of the City of Colorado Springs 2001, as amended, pertaining to separation
      requirements for human service establishments.

      Motion by Hente, second by Radford, that this item be postponed to the City Council meeting
      of September 12, 2006. The motion unanimously carried. Absent, Councilmember
      Heimlicher.

                                     ---------------0---------------

25.   CPC CA 06-00134: An ordinance amending Section 103 (Permitted and Conditional
      Uses) of Part 1 (Residential Districts), Section 203 (Permitted and Conditional Uses) of
      Part 2 (Commercial Districts), Section 704 (Permitted, Conditional and Accessory Uses)
      of Part 7 (Mixed Use Zone Districts) all of Article 3 (Land Use Zoning Districts) and
      various sections of Part 6 (Commercial Mobile Radio Service (CMRS) Regulations) of
      Article 4 (Site Development Standards) of Chapter 7 (Planning, Development and
      Building) of the Code of the City of Colorado Springs 2001, as amended regarding
      CMRS regulations.

      Motion by Hente, second by Radford, that this item be postponed to the City Council meeting
      of September 12, 2006. The motion unanimously carried. Absent, Councilmember
      Heimlicher.


                                                   29
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


                                     ---------------0---------------

                             Councilmember Purvis was excused.

                                     ---------------0---------------

                                       PUBLIC HEARINGS

26.   Public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982
      (TEFRA) regarding issuance and sale of the City of Colorado Springs Series 2006
      Private Activity Bonds in a principal amount not to exceed $35,000,000 on behalf of the
      Colorado College.

      Elena Nunez, Economic Development Manager, gave a presentation and answered
      questions.

      Citizen comments:

      Allison Childs questioned what efforts Colorado College made to obtain federal funding.

      Tom Nikum, Colorado College Business and Finance Manager, stated this is a conduit
      financing effort; Colorado College is continuing to raise money and look for federal grants.

      Mayor Rivera declared the Public Hearing closed.

                                     ---------------0---------------

27.   Ordinance No. 06-143 entitled “AN ORDINANCE AUTHORIZING THE ISSUANCE AND
      SALE OF THE CITY OF COLORADO SPRINGS, COLORADO VARIABLE RATE REVENUE
      BONDS (THE COLORADO COLLEGE PROJECT) SERIES 2006 IN THE AGGREGATE
      PRINCIPAL AMOUNT OF NOT TO EXCEED $35,000,000 TO FINANCE THE
      CORNERSTONE ARTS CENTER, THE CENTRAL PLANT EXPANSION, THE COLLEGE
      INN ACQUISITION AND PARKING LOT CONSTRUCTION; AUTHORIZING THE
      EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT, INDENTURE OF
      TRUST, BOND PURCHASE AGREEMENT, TAX REGULATORY AGREEMENT SUCH
      BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING
      DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER
      MATTERS RELATED TO THE SERIES 2006 PROJECTS; RATIFYING ACTION
      HERETOFORE TAKEN AND RELATING TO SUCH BONDS; PROVIDING OTHER
      MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY” was introduced and
      read.

      Ms. Nunez summarized the item and stated there was a modification to the proposed
      ordinance on Page 2 --- reference College Inn --- changed to CC Inn.

      Motion by Hente, second by Radford, that the ordinance be introduced, read and finally
      passed, adopted and approved as an emergency ordinance as amended.




                                                   30
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


      Ayes:         Gallagher, Glenn, Hente, Herpin, Radford, Rivera, Small
      Noes:         None
      Absent:       Heimlicher, Purvis

                                       ---------------0---------------

                       Councilmembers Heimlicher and Purvis returned.

                                       ---------------0---------------

28.   Public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1982
      (TEFRA) regarding issuance and sale of the City of Colorado Springs Series 2006
      Private Activity Bonds in a principal amount not to exceed $7,000,000 on behalf of Peak
      Vista Community Health Centers.

      Ms. Nunez summarized the item and answered questions.

      Citizen comments:

      Ms. Childs stated she is a patient utilizing this facility for health care; feels services at this
      facility is inadequate; fights with Medicaid and Peak Vista medical staff to get appropriate care
      and medical needs; Peak Vista is no advocate for their patients; does not want City Council to
      approve this request until Peak Vista’s practices change and fix their problems.

      Mike Peterson, Peak Vista, stated this bond will help expand services; apologized to Ms.
      Childs and will meet separately with her.

      Mayor Rivera declared the Public Hearing closed.

                                       ---------------0---------------

29.   Ordinance No. 06-144 entitled “AN ORDINANCE AUTHORIZING THE ISSUANCE AND
      SALE OF THE CITY OF COLORADO SPRINGS, COLORADO REVENUE BONDS (PEAK
      VISTA COMMUNITY HEALTH CENTERS PROJECT) SERIES 2006 IN ONE OR MORE
      SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,000,000 TO
      FINANCE AND REFINANCE CERTAIN HEALTH CARE FACILITIES; AUTHORIZING THE
      EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT AND SUCH
      BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING
      DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER
      MATTERS RELATED TO THE PROJECT; RATIFYING ACTION HERETOFORE TAKEN
      AND RELATING TO SUCH BOND; PROVIDING OTHER MATTERS RELATING THERETO;
      AND DECLARING AN EMERGENCY” was introduced and read.

      Ms. Nunez summarized the item and answered questions.

      Motion by Hente, second by Radford, that the ordinance be introduced, read and finally
      passed, adopted and approved as an emergency ordinance.




                                                     31
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


      Ayes:        Gallagher, Glenn, Heimlicher, Hente, Herpin, Purvis, Radford, Rivera, Small
      Noes:        None
      Absent:      None

                                      ---------------0---------------

30.   CPC DP 06-00033: (Quasi-Judicial Matter) Public hearing on an appeal by Stephen
      Harris of Merrill, Anderson & Harris, LLC on behalf of Diana and Vincent Rhodes of the
      Planning Commissions approval of a development plan for the Glenn at Sand Creek
      consisting of 4.5 acres located northwest of the intersection of Airport Road and Sand
      Creek Drive.

      Mike Schultz, Land Use Review Planner, stated the development consists of 54 townhome
      units on four acres located on Airport Road and Sand Creek Drive; appellant indicates that the
      development plan does not address issues involving utility widths and emergency vehicle
      radius; both Fire Department and Colorado Springs Utilities had no problems with the
      development plan revisions; Staff recommends denial of the appeal, uphold Planning
      Commission decision.

                                      ---------------0---------------

                  City Council adjourned for dinner from 6:30 p.m. – 7:00 p.m.
                                  Mayor Rivera was excused.
                    In the absence of the Mayor, Vice Mayor Small presided.
                              Councilmember Purvis was excused.

                                      ---------------0---------------

      Guenther Polock, applicant – Orla Homes, Inc., displayed pictures of townhomes with 3 or 4
      units per site; with 1,500 – 1,800 square foot range, cost approximately $200,000; swells
      incorporated to catch sediments.

      Vincent Rhodes, appellant, stated there is financial deprivation to the property and
      neighborhood; language rhetorical and issues not resolved.

      Steve Harris, attorney for Diana and Vincent Rhodes, stated the Fire Department requires
      specific distance for turn-around capabilities; this plan does not meet this requirement; Fire
      Department indicates it is comfortable with the turning radius; referred to letters from Bruce J.
      Buttner, Olson Association, on the following: streamside overlay zone not anywhere in record
      to support staff findings; according to City Code site imperviousness standards apply to
      portions of property that fall within the streamside overlay with 10% impervious surface; differs
      with staff on 90’ x 150’ distance requirements from the base of the bank; standards should not
      be relaxed; need documentation in record, not just Staff’s word on compliance; procedure for
      exemption not followed.

      Rebuttal:

      Bruce Wright, attorney for applicant, stated the streamside requirements have been met;
      exemption determined by Staff per the City Code; Sand Creek has been channeled (showed
      pictures); building height can be maximum of 45’ in R-5 zone; supports Staff recommendation.
                                                    32
             COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006



      Paul Tice, Land Development Review Manager, stated this is not exempted; project compliant
      with streamside ordinance; developer met requirements; could be better documentation; strip
      of property from Streamside boundary to back of homes, 90’ calculation meets requirement.

      Motion by Hente, second by Heimlicher, to uphold the decision of the Planning Commission
      and deny the appeal.

      Ayes:        Glenn, Heimlicher, Hente, Herpin
      Noes:        Gallagher, Radford, Small
      Absent:      Purvis, Rivera

      Vice Mayor Small declared the motion carried.

                                     ---------------0---------------

31.   CPC FP 06-00034: (Quasi-Judicial Matter) Public hearing on an appeal by Stephen
      Harris of Merrill, Anderson & Harris, LLC on behalf of Diana and Vincent Rhodes of the
      Planning Commissions approval of a final subdivision plat for the Glenn at Sand Creek
      consisting of 54 townhome units on 4.5 acres located northwest of the intersection of
      Airport Road and Sand Creek Drive.

      Motion by Hente, second by Glenn, to uphold the decision of the Planning Commission and
      deny the appeal.

      Ayes:        Glenn, Heimlicher, Hente, Herpin
      Noes:        Gallagher, Radford, Small
      Absent:      Purvis, Rivera

      Vice Mayor Small declared the motion carried.

                                     ---------------0---------------

                             Councilmember Hente was excused.

                                     ---------------0---------------

32.   Public hearing on an appeal by Bruce M. Wright on behalf of Wolf Ranch, LLC of a
      Drainage Board decision to deny a request that portions of the Wolf Ranch
      development be exempt from paying Cottonwood Creek drainage and bridge fees.

      Dave Lethbridge, Subdivision Engineering Review Manager, stated the appeal from the
      Drainage Board is not common; exemption requested by applicant; reviewed criteria for
      drainage fees and rationale for establishing these fees, Cottonwood Creek basin fees too
      small and not adequate; component of basin fee must be paid in cash to the City so
      ramifications to City if fee is not paid; technical aspects of plan very good and acceptable;
      adverse impact on other developers within the basin.




                                                   33
       COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


Mr. Wright, Attorney for applicant, stated the Annexation agreement indicated each basin
reviewed when appropriate, other annexed basins have been exempted; consistent approach
must be adhered to.

Richard Wray, Kiowa Engineering, reviewed the detention basins; system doing what it was
designed to; no impact on existing facilities.

Motion by Gallagher, second by Radford, to uphold the decision of the Drainage Board and
deny the appeal.

Ayes:        Gallagher, Radford, Small
Noes:        Glenn, Heimlicher, Herpin
Absent:      Hente, Purvis, Rivera

Vice Mayor Small declared the motion failed.

Then, motion by Radford, second by Gallagher, to move for immediate reconsideration.

Ayes:        Gallagher, Glenn, Heimlicher, Herpin, Radford, Small
Noes:        None
Absent:      Hente, Purvis, Rivera

Then, motion by Gallagher, second by Radford, to uphold the decision of the Drainage Board
and deny the appeal.

Ayes:        Glenn, Heimlicher, Herpin
Noes:        Gallagher, Radford, Small
Absent:      Hente, Purvis, Rivera

Vice Mayor Small declared the motion failed.

Then, motion by Radford, second by Gallagher, that the matter be continued to the City
Council meeting of September 12, 2006. The motion unanimously carried. Absent, Mayor
Rivera, Councilmembers Hente and Purvis.

                               ---------------0---------------

At 8:58 P.M., motion by Herpin, second by Gallagher, that Council adjourn. The motion
unanimously carried, and




                                                                 Kathryn M. Young, CMC, CERA
                                                                 City Clerk




                                             34
            COLORADO SPRINGS CITY COUNCIL MEETING – AUGUST 22, 2006


     Following adjournment of the regular City Council meeting, City Council shall reconvene as
     the Board of Directors of the Colorado Springs Marketplace at Austin Bluffs General
     Improvement District, for action on the following item:

1.   Resolution No. 132-06 was presented: “A RESOLUTION CALLING FOR A MAIL BALLOT
     ELECTION ON NOVEMBER 7, 2006, FOR THE CITY OF COLORADO SPRINGS,
     COLORADO MARKETPLACE AT AUSTIN BLUFFS GENERAL IMPROVEMENT DISTRICT
     FOR THE AUTHORIZATION TO ISSUE GENERAL OBLIGATION BONDS AND TO LEVY
     PROPERTY TAXES TO PAY SUCH BONDS AND TO PAY ADMINISTRATIVE AND
     OPERATING EXPENSES; SETTING THE BALLOT TITLES FOR BALLOT ISSUES TO BE
     SUBMITTED AT SUCH ELECTION; AND PRESCRIBING OTHER DETAILS IN
     CONNECTION WITH THE ELECTION”.

     Ms. Bigelow entered her appearance and answered questions.

     Motion by Director Gallagher, second by Director Heimlicher, that the resolution be adopted.

     Ayes:        Gallagher, Glenn, Heimlicher, Herpin, Radford, Small
     Noes:        None
     Absent:      Hente, Purvis, Rivera

                                     ---------------0---------------

2.   Submittal of the mail ballot election plan and calendar for the creation of the
     Marketplace at Austin Bluffs General Improvement District (MAB GID) to be held as a
     Special Municipal Election November 7, 2006.

     Motion by Director Gallagher, second by Director Herpin, that the mail ballot election plan and
     calendar for the creation of the Marketplace at Austin Bluffs General Improvement District
     (MAB GID) to be held as a Special Municipal Election November 7, 2006 be approved. The
     motion unanimously carried. Absent, Board Chair Rivera, Directors Hente and Purvis.

                                     ---------------0---------------

     There being no further business to come before the Board, the meeting was adjourned at 9:02
     P.M.




                                                   35

								
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