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									            COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


                                                                   COLORADO SPRINGS, COLORADO
                                                                   CITY COUNCIL CHAMBERS
                                                                   CITY HALL - 107 N. NEVADA
                                                                   SEPTEMBER 12, 2006 – 1:00 P.M.


       Council met in Regular Session.

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

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

1.     Invocation and Pledge of Allegiance.

       The meeting was opened with an invocation by Pastor Jerry Meston, Rocky Mountain
       Christian Center.

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

2.     Changes to Agenda/Postponement.

16.    A resolution approving the exchange of surplus City property for private property
       which is needed for the Austin Bluffs/Union Interchange project and authorizing the
       City Real Estate Services Manager to enter into a contract for and to close the
       exchange of surplus real property.

       Motion by Purvis, second by Small, that this item be postponed to the City Council meeting of
       September 26, 2006. The motion unanimously carried. Absent, Councilmember Heimlicher.

                                      CONSENT CALENDAR

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

       SECOND PRESENTATION:

A-1.   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
       FY2007 METRO RIDES PROGRAM” was presented for final passage.

A-2.   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 presented for final passage.

A-3.   Ordinance No. 06-147 entitled “AN ORDINANCE AMENDING ORDINANCE NO. 05-195
       (2006 APPROPRIATION ORDINANCE) AND ORDINANCE NO. 05-194 (2006 TAX LEVY


                                                     5
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


       ORDINANCE) IN THE AMOUNT OF $300,000 FOR THE FIRE DEPARTMENT MEDICAL
       DIVISION” was presented for final passage.

A-4.   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 presented for
       final passage.

A-5.   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 presented for final passage. (PUD to PUD)

A-6.   Ordinance No. 06-150 entitled “AN ORDINANCE REPEALING ORDINANCE NO. 05-133
       PERTAINING TO THE DECLARATION OF AN EMERGENCY RELATING TO HURRICANE
       KATRINA” was presented for final passage.

       FIRST PRESENTATION:

B-1.   Resolution No. 137-06 was presented: “A RESOLUTION APPROVING AND ACCEPTING
       THE COLORADO DIVISION OF EMERGENCY MANAGEMENT GRANT AWARD LETTER
       7EM6583 FOR LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM (LETPP)
       2006 FUNDING”.

B-2.   Ordinance No. 06-151 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 $861,949 FOR THE
       LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM” was introduced and read.

B-3.   Resolution No. 138-06 was presented: “A RESOLUTION APPROVING AND ACCEPTING
       THE COLORADO DIVISION OF EMERGENCY MANAGEMENT GRANT AWARD LETTER
       7EM76883 FOR STATE HOMELAND SECURITY PROGRAM (SHSP) 2006 FUNDING”.

B-4.   Ordinance No. 06-152 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 $988,027 FOR THE
       STATE HOMELAND SECURITY PROGRAM” was introduced and read.

B-5.   Resolution No. 139-06 was presented: “A RESOLUTION APPROVING AND ACCEPTING
       THE COLORADO DIVISION OF EMERGENCY MANAGEMENT GRANT AWARD LETTER
       7EM76383 FOR CITIZEN CORPS PROGRAM (CCP) 2006 FUNDING”.

B-6.   Ordinance No. 06-153 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 $33,635 FOR THE
       CITIZEN CORPS PROGRAM OF THE SOUTH CENTRAL REGION” was introduced and
       read.


                                           6
            COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


B-7.   Resolution No. 140-06 was presented: “A RESOLUTION APPROVING AND ACCEPTING
       THE COLORADO DIVISION OF EMERGENCY MANAGEMENT GRANT AWARD LETTER
       7EM76183 FOR METROPOLITAN MEDICAL RESPONSE SYSTEM (MMRS) 2006
       FUNDING”.

B-8.   Ordinance No. 06-154 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 $225,360 RECEIVED FROM
       THE COLORADO DIVISION OF EMERGENCY MANAGEMENT TO BE USED FOR MMRS
       (METROPOLITAN MEDICAL RESPONSE SYSTEM) ACTIVITIES” was introduced and read.

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

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

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

4.     Resolutions of Appreciation

       Resolution No. 141-06 was presented: “A RESOLUTION RECOGNIZING THE WAL MART
       FOUNDATION FOR DONATIONS TO THE COLORADO SPRINGS POLICE DEPARTMENT’S
       CHILD OCCUPANT PROTECTION PROGRAM AND TO THE FALCON DIVISION FOR
       SCHOOL SAFETY AND CRIME PREVENTION”.

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

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

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

       Resolution No. 142-06 was presented: “A RESOLUTION RECOGNIZING THE STUDENT
       ADVISORY BOARD OF COLORADO SPRINGS TEEN COURT, INC.”.

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

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

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

       BJ Scott, Chief Executive Officer, Peak Vista Community Health Centers, made a presentation
       to City Council recognizing National Health Week and thanked City Council for supporting
       Referendum C.


                                                    7
          COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


                                     CITIZEN DISCUSSION

     Allison Childs spoke on concerns with Peak Vista Community Health Center; denied her
     services because of her attendance and complaints expressed at the August 22, 2006, City
     Council meeting.

     Cynthia Long, Pikes Peak Justice Commission, advised City Council of an event regarding the
     Iraq war called “Eyes Wide Open”, requested City Council assistance, wants “keys to city with
     sponsorship for this event”; discuss with City Staff; event October 12 – 13, 2006.

     Eric Verlo requested use of City park for display of memorial; wants proclamation.

     Samuel Sprott expressed concern with safety --- driver for Transit; requesting left turn light at
     Cascade Avenue and Kiowa Street; Administration to investigate and follow-up.

     Dennis Farcell cited concerns with traffic at Sand Creek High School, Carefree Circle North
     and Pony Tracks; no signalized traffic directing flow and safety for children at intersection; no
     crosswalk stripes on street; City Administration to follow-up.

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

5.   Councilmember Gallagher requested the vote on Item No. 32 be amended to reflect: ... motion
     to uphold the decision of the Drainage Board and deny the appeal...Ayes: Gallagher, Radford,
     Small; Noes: Glenn, Heimlicher, Herpin.

     Motion by Gallagher, second by Radford, that the Minutes of the Regular Council meeting of
     August 22, 2006 be approved as written and amended. The motion unanimously carried.
     Absent, Councilmember Heimlicher.

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

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

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

     Mayor Rivera declared the motion carried.

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

7.   Resolution No. 143-06 was presented: “A RESOLUTION APPROVING REALLOCATION OF
     THE FIRE DEPARTMENT COMPLEX PHASE II DESIGN FUNDS AND COP PAYMENT
                                                   8
          COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


     FUNDS, REALLOCATION OF FIRE STATION #1 COP PAYMENT FUNDS AND PARTIAL
     REALLOCATION OF FIRE STATION #17 ADDITION FUNDS AND TRANSFERRING FUNDS
     TO THE FIRE DEPARTMENT COMPLEX PHASE II PROJECT”.

     Manuel Navarro, Colorado Springs Fire Department (CSFD) Chief, stated the proposal has
     been reviewed by the Public Safety Sales Tax (PSST) committee.

     Dick Hansen, Vice Chair of the PSST, stated the committee supports the reallocation and
     purpose of funds.

     Steve Cox, CSFD Deputy Chief, entered his appearance and answered questions.

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

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

     Mayor Rivera declared the motion carried.

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

                             Councilmember Hente was excused.

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

8.   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, reviewed the hand-out of the
     map area, fees and developer’s cost; Cottonwood Creek has never been exempt for drainage
     fees; discussed bridge fees which do not impact the Wolf Creek Development request;
     developer is asking to be exempt from drainage fees in the amount of $11,069,809; re-study
     of Cottonwood Creek is needed to determine fair assessment of costs with inflation.

     Cam McNair, City Engineer, responded to questions regarding the SWENT projects proposed
     for the Cottonwood Creek basin.

     Bruce Wright, representative of Wolf Ranch, LLC, referred to the Annexation agreement
     regarding closing of the basin; adverse impact is financial only and benefits the City; City
     wants funding to bail out another area; $6 million cannot go to improvements; no formal
     amendment to the Annexation agreement was ever made; track history for other two basins
     as a basis for exemption.

     Mayor Rivera supports what the Drainage Board has done; integrated approach not
     practicable.

     Motion by Radford, second by Gallagher, to uphold the decision of the Drainage Board and
     deny the appeal.
                                                  9
          COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006



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

     Mayor Rivera declared the motion carried.

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

                               Councilmember Hente returned.

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

9.   CPC LUM 05-00277: Ordinance No. 06-155 entitled “AN ORDINANCE AMENDING THE
     COMPREHENSIVE PLAN – 2020 LAND USE MAP OF THE CITY OF COLORADO
     SPRINGS RELATING TO 32.788 ACRES LOCATED NORTHWEST OF VOYAGER
     PARKWAY AND MIDDLE CREEK PARKWAY” was introduced and read. (Employment
     Center to Low Residential)

     Bob Tegler, Senior Planner, stated this is the last remaining site on this property; reviewed
     surrounding area and applicant request.

     Councilmember Hente stated the 100’ buffer zone was an issue and plan now is to include on
     the applicant’s property.

     Les Gruen, Urban Strategies, asked City Council to uphold the Planning Commission’s
     decision, which approved this project, land use change, zone change, etc.; issue is land use
     balance, no neighborhood opposition; School District No. 20 is better off with developed
     residential site rather than vacant land.

     Leonard Rioth, attorney for Gary Erickson and Northgate Properties, produced official
     recorded documents from surrounding property owners in favor of this project; Progressive
     Insurance withdrew their appeal in July because concerns were met; Northgate should not be
     bound by a 20-year Master Plan.

     Tom Binning, David Bamberg & Associates, reviewed the land use balance, table of Industrial
     Land Absorption, office leasing/vacancy rate in the Northgate area, home sales in last six
     months in the Northgate vicinity.

     Gary Erickson reviewed the surrounding needs of residents with limited access to banks,
     restaurants, supermarkets, drug stores, fast food, etc.; idea is to balance residential with
     industrial and offices; noise testing has been conducted and no issues were identified; priced
     at $220,000.

     Sam Cameron and Brian Newburg, New Life Church, spoke in support of the development;
     excited about affordable housing concept in the area of the church.

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



                                                  10
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


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

      Mayor Rivera declared the motion carried.

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

10.   CPC MPA 05-00278: Request by Executive Consulting Engineers, Inc. on behalf of
      Northgate Properties, LLC for approval of a minor amendment to the Northgate Master
      Plan consisting of 32.788 acres located northwest of Voyager Parkway and Middle
      Creek Parkway.

      Motion by Hente, second by Herpin, to uphold the decision of the Planning Commission with
      respect to the minor amendment to the Northgate Master Plan; with the same 16 technical
      modifications that the Planning Commission specified in its approval.

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

      Mayor Rivera declared the motion carried.

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

11.   CPC PUZ 05-00279:    (Quasi-Judicial Matter) Ordinance No. 06-156 entitled “AN
      ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF COLORADO SPRINGS
      RELATING TO 32.788 ACRES LOCATED NORTHWEST OF VOYAGER PARKWAY AND
      MIDDLE CREEK PARKWAY” was introduced and read. (PIP-1/cr/HR to PUD)

      Motion by Hente, second by Gallagher, that the ordinance be passed as introduced; with the
      same 16 technical modifications that the Planning Commission specified in its approval.

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

      Mayor Rivera declared the motion carried.

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

12.   CPC PUD 05-00280:       (Quasi-Judicial Matter) Request by Executive Consulting
      Engineers, Inc. on behalf of Northgate Properties, LLC for approval of a PUD
      development plan for Stonewater at Northgate Filing No. 1 consisting of 32.788 acres
      located northwest of Voyager Parkway and Middle Creek Parkway.

      Motion by Hente, second by Gallagher, that the PUD development plan for Stonewater at
      Northgate Filing No. 1 be approved with the same 16 technical modifications that the Planning
      Commission specified in their approval; 100’ on site buffer between the proposed residences


                                                   11
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


      and adjacent industrial uses; inclusion of the note on the plat regarding flight requirements
      regarding the Air Force Academy.

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

      Mayor Rivera declared the motion carried.

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

13.   CPC FP 05-00281: (Quasi-Judicial Matter) Request by Executive Consulting Engineers,
      Inc. on behalf of Northgate Properties, LLC for approval of a final subdivision plat for
      Stonewater at Northgate Filing No. 1 consisting of 278 duplex units on 32.788 acres
      located northwest of Voyager Parkway and Middle Creek Parkway.

      Motion by Hente, second by Purvis, to overturn the decision of the Planning Commission and
      approve the final subdivision plat with the stipulation that it conform to the development plan
      previously approved.

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

      Mayor Rivera declared the motion carried.

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

                             Councilmember Purvis was excused.

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

14.   Motion by Small, second by Radford, that Dragomir Cioroslan and Frances Pilch be appointed
      to terms as members of the Colorado Springs International Affairs Advisory Council (CS
      IAAC); said terms expiring July 1, 2007. The motion unanimously carried. Absent,
      Councilmembers Heimlicher and Purvis.

      Motion by Radford, second by Hente, that Jeff Wandersheid, Trent Harwig, Jim Larsen and
      Jeri Howells be appointed to terms as members of the Emergency Services Agency (ESA);
      said terms expiring September 2008, September 2008, September 2007 and September
      2007, respectively. The motion unanimously carried. Absent, Councilmembers Heimlicher
      and Purvis.

      Motion by Small, second by Hente, that Jon Mullikin be appointed to a term as a member of
      the Fire Board of Appeals; said term expiring April 28, 2007. The motion unanimously carried.
      Absent, Councilmembers Heimlicher and Purvis.




                                                    12
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


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

                               Councilmember Purvis returned.

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

                                         NEW BUSINESS

15.   Resolution No. 144-06 was presented: “A RESOLUTION APPROVING PURCHASE OF
      PROPERTY AT 370 PRINTERS PARKWAY AND 0 INTERNATIONAL CIRCLE FOR OFFICE
      SPACE FOR THE FIRE DEPARTMENT AS PART OF THE FIRE DEPARTMENT COMPLEX
      PHASE II PROJECT”.

      Deputy Chief Cox stated the roof on the building to be replaced and answered questions.

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

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

      Mayor Rivera declared the motion carried.

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

16.   SEE ACTION TAKEN EARLIER IN THE MEETING.

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

17.   Resolution No. 145-06 was presented: “A RESOLUTION INCORPORATING BY MERGER
      THE ALTERNATE FIREFIGHTER’S PENSION PLAN AND THE ALTERNATE POLICE
      PENSION PLAN INTO THE DEFINED BENEFIT SYSTEM MAINTAINED AND
      ADMINISTERED BY THE FIRE AND POLICE PENSION ASSOCIATION OF COLORADO,
      ADOPTING PLAN DOCUMENTS AND RULES AND REGULATIONS THAT WILL ACHIEVE
      THIS PURPOSE, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
      AGREEMENT WITH THE FIRE AND POLICE PENSION ASSOCIATION OF COLORADO TO
      ADMINISTER THOSE PLANS”.

      Terri Velasquez, Finance Director, reviewed pension plans and impact to administer;
      meetings held with Boards to review plans; transfer impacts new hire Police and Fire hired on
      or after October 1, 2006; Fire and Police Pension Association (FPPA) Board must approve
      any changes to plans in addition to City Council action.

      Kevin Lindal, General Counsel for the FPPA, stated acturial necessity is a concept that comes
      from pension law and trust law; reviewed who reviews plans; some assumption made to fund
      plan over time, Pension Board must rectify situation; an extraordinary situation never seen
      and requires a special amendment.

      Pat McDivitt, Senior Attorney, answered questions regarding when an election can be held for
      Police and Fire plan members.
                                                   13
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006



      Motion by Herpin, second by Purvis, that the resolution be adopted.

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

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

18.   Ordinance No. 06-157 entitled “AN ORDINANCE AMENDING PART 7 (CIVIL SERVICE –
      FIREFIGHTER’S PENSION FUND) AND REPEALING PART 8 (CIVIL SERVICE –
      ALTERNATE FIREFIGHTER’S PENSION PLAN) OF ARTICLE 4 (CITY EMPLOYEES) OF
      CHAPTER 1 (ADMINISTRATION, PERSONNEL AND FINANCE) OF THE CODE OF THE
      CITY OF COLORADO SPRINGS 2001, AS AMENDED, PERTAINING TO HOUSEKEEPING
      MATTERS RELATED TO MERGING THE ALTERNATE FIREFIGHTER’S PENSION PLAN
      INTO A PLAN MAINTAINED BY THE FIRE AND POLICE PENSION ASSOCIATION OF
      COLORADO” was introduced and read.

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

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

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

19.   Ordinance No. 06-158 entitled “AN ORDINANCE AMENDING PART 5 (CIVIL SERVICE –
      POLICE PENSION FUND) AND REPEALING PART 6 (CIVIL SERVICE – ALTERNATE
      POLICE PENSION PLAN) OF ARTICLE 4 (CITY EMPLOYEES) OF CHAPTER 1
      (ADMINISTRATION, PERSONNEL AND FINANCE) OF THE CODE OF THE CITY OF
      COLORADO SPRINGS 2001, AS AMENDED, PERTAINING TO HOUSEKEEPING
      MATTERS RELATED TO MERGING THE ALTERNATE POLICE PENSION PLAN INTO A
      PLAN MAINTAINED BY THE FIRE AND POLICE PENSION ASSOCIATION OF
      COLORADO” was introduced and read.

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

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

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

20.   Ordinance No. 06-159 entitled “AN ORDINANCE ESTABLISHING A NEW FIRE PENSION
      ADVISORY BOARD” was introduced and read.

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




                                                   14
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


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

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

21.   Ordinance No. 06-160 entitled “AN ORDINANCE ESTABLISHING A NEW POLICE PENSION
      ADVISORY BOARD” was introduced and read.

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

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

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

22.   Resolution No. 146-06 was presented: “A RESOLUTION ACCEPTING THE BANNING-
      LEWIS RANCH (“BLR”) SHARED OBLIGATION STUDY AND DIRECTING STAFF TO
      DRAFT A COST SHARING/REIMBURSEMENT PROGRAM FOR CITY COUNCIL REVIEW
      AND APPROVAL”.

      Paul Tice, Land Development Review Manager, reviewed previous City Council action and
      brief history of BLR and Annexation agreement, cost estimates --- total shared annexor
      obligation of $1.2 billion; existing reimbursement and cost sharing mechanisms.

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

                 City Council adjourned for dinner from 5:31 p.m. – 6:01 p.m.

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

      Steve Mulliken, representative of Rancho Colorado, stated they have participated in the
      process; process has been good, open dialogue.

      John Cassiani, Banning Lewis Ranch Management Company, stated the Master Plan is
      already in progress, highly motivated to develop area; cannot begin until the study is
      complete.

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

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

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

23.   CPC CA 06-00109: Ordinance No. 06-161 entitled “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
                                                   15
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


      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” was
      introduced and read.

      Sue Matz, Revocable Permit Coordinator, stated the code change would no longer require
      variance changes for large human service establishments adjacent to each other; does not
      affect small human service facilities; defines and refines human service establishments.

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

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

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

24.   CPC CA 06-00134: Ordinance No. 06-162 entitled “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” was introduced and read.

      Andrew Firestine, Planner II, summarized the item and answered questions.

      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

                                       PUBLIC HEARINGS

25.   Public hearing to create the Tejon Street Historic Street Lighting Local Improvement
      District.

      Gerald Banks, Engineering Programs Manager, reviewed the comments received from
      residents in the Street Lighting Local Improvement District; 149 property owners were notified,
      53 were returned, 15 protests and 38 for; 75% threshold to establish the Public Hearing date.

      Steve Rodemer (1903 Wood Avenue), past president of the Old Northend Neighborhood, Pat
      Doyle (1815 Wood Avenue), chair of the Historic Street Light Committee, Bob Loevy (1712
      North Tejon Street), Steven Barr (1708 North Tejon Street), Kevin Forbush (1632 North Tejon
      Street) and Matt Railey (2027 North Tejon Street) spoke in support citing the following
      comments: stated the Board approved the Street Lighting Local Improvement District;
                                                    16
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


      explained process used to notify and inform neighbors of creating the Local Improvement
      District; reviewed design of lights, safety concerns and security of light installation; 75%
      signatures of property owners wanting this historic district; Local Improvement District being
      considered at the City’s direction; small counterbalance to construction at Colorado College;
      lamps bridge to the past; more light on sidewalks, safety and security to family; 95 year-old
      neighbor also in favor.

      Mayor Rivera declared the Public Hearing closed.

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

26.   Ordinance No. 06-163 entitled “AN ORDINANCE CREATING THE TEJON STREET
      HISTORIC STREET LIGHTING LOCAL IMPROVEMENT DISTRICT, AUTHORIZING THE
      IMPROVEMENTS TO BE CONSTRUCTED, DESCRIBING REAL ESTATE TO BE
      ASSESSED FOR SAID IMPROVEMENTS AND PAYING THE COSTS, AUTHORIZING THE
      CITY TREASURER TO EXECUTE A LOAN AGREEMENT AND AMENDING ORDINANCE
      NO. 04-195 (2006 TAX LEVY ORDINANCE) AND ORDINANCE NO. 05-194 (2006
      APPROPRIATION ORDINANCE) IN THE AMOUNT OF $86,330” was introduced and read.

      Motion by Herpin, second by Hente, that the ordinance be passed as amended: change the
      language to authorize the Finance Director, not the City Treasurer, to execute a loan
      agreement.

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

      Mayor Rivera declared the motion carried.

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

                              Councilmember Hente was excused.

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

27.   CPC A 05-00229: Public hearing on a request by LDC, Inc. on behalf of Prairie Vista
      Investments, LLC for approval of the Powerwood No. 7 Addition annexation consisting
      of 12.99 acres located west of Black Forest Road and south of Sorpresa Lane.

      Bill Healy, Planning Director, entered his appearance and answered questions for Item Nos.
      27 – 52.

      There were no citizen comments.

      Mayor Rivera declared the Public Hearing closed.

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

28.   Resolution No. 147-06 was presented: “A RESOLUTION SETTING FORTH FINDINGS OF
      FACT AND CONCLUSIONS OF LAW BASED THEREON AND DETERMINING THE
                                                   17
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


      STATUS OF THE TERRITORY SOMETIMES KNOWN AS POWERWOOD NO. 7 ADDITION
      ANNEXATION HEREINAFTER MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A”’.

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

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

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

29.   Ordinance No. 06-164 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
      SPRINGS THAT AREA SOMETIMES KNOWN AS POWERWOOD NO. 7 ADDITION AS
      HEREINAFTER SPECIFICALLY DESCRIBED IN EXHIBIT “A”” was introduced and read.

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

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

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

30.   CPC MPA 05-00230: Request by LDC, Inc. on behalf of Prairie Vista Investments, LLC
      for approval of an amendment to the Powerwood No. 3 – 6 Master Plan consisting of
      12.99 acres located west of Black Forest Road and south of Sorpresa Lane.

      Motion by Gallagher, second by Purvis, that the amendment to the Powerwood No. 3 – 6
      Master Plan consisting of 12.99 acres located west of Black Forest Road and south of
      Sorpresa Lane be approved.

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

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

31.   CPC ZC 05-00231: (Quasi-Judicial Matter) Ordinance No. 06-165 entitled “AN ORDINANCE
      AMENDING THE ZONING MAP OF THE CITY OF COLORADO SPRINGS RELATING TO
      12.99 ACRES LOCATED WEST OF BLACK FOREST ROAD AND SOUTH OF SORPRESA
      LANE” was introduced and read. (A/AO-CAD)

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

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




                                                   18
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


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

                                Councilmember Hente returned.
                              Councilmember Purvis was excused.

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

32.   CPC A 06-00035: Public hearing on a request by LDC, Inc. on behalf of Roy F. and
      Margaret M. Stricklin for approval of the Dublin North 1B annexation consisting of 5.0
      acres located east of Templeton Gap Road, north of Dublin Boulevard and Vickie Lane
      and south of the proposed School Street.

      Mr. Healy entered his appearance and answered questions.

      Brian Newburg, resident of Horseshoe Ranchero Estates, expressed concerns with schools in
      this area; are not being built due to lack of land dedication; Falcon School District No. 49 has
      major problem with overcrowding; wants postponement until resolved with the Falcon School
      District.

      Larry Larsen, Senior Planner, gave explanation on the Falcon School District No. 49 issue.

      Mr. Mulliken, representative of the applicant, stated the annexation is filling in small areas of
      spaces not currently in the city; praised City staff for their cooperation; addressed School
      District.

      Ray O’Sullivan, applicant, stated they have spent months working with Falcon School District
      No. 49; has agreement with Falcon School District No. 49 for dedicated land; site has been
      analyzed for toxic water.

      Henry Reitwiesner, Planning and Construction for Falcon School District No. 49 spoke on
      school sites for Academy School District No. 20; three school sites proposed.

      Tom Harold stated not everyone in Falcon School District No. 49 are in favor of this
      development; this does not build schools, need funding and no bonding capabilities; crowding
      is fact for all schools.

      Mayor Rivera declared the Public Hearing closed.

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

33.   Resolution No. 148-06 was presented: “A RESOLUTION SETTING FORTH FINDINGS OF
      FACT AND CONCLUSIONS OF LAW BASED THEREON AND DETERMINING THE
      STATUS OF THE TERRITORY SOMETIMES KNOWN AS DUBLIN NORTH 1B
      ANNEXATION HEREINAFTER MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A””.

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

      Ayes:        Gallagher, Glenn, Hente, Herpin, Radford, Rivera, Small
      Noes:        None
      Absent:      Heimlicher, Purvis
                                                    19
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006



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

34.   Ordinance No. 06-166 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
      SPRINGS THAT AREA SOMETIMES KNOWN AS DUBLIN NORTH 1B AS HEREINAFTER
      SPECIFICALLY DESCRIBED IN EXHIBIT “A”” was introduced and read.

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



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

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

35.   CPC A 06-00036: Public hearing on a request by LDC, Inc. on behalf of Dublin North
      Investments for approval of the Dublin North 1C annexation consisting of 5.0 acres
      located east of Templeton Gap Road, north of Dublin Boulevard and Vickie Lane and
      south of the proposed School Street.

      There were no citizen comments.

      Mayor Rivera declared the Public Hearing closed.

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

36.   Resolution No. 149-06 was presented: “A RESOLUTION SETTING FORTH FINDINGS OF
      FACT AND CONCLUSIONS OF LAW BASED THEREON AND DETERMINING THE
      STATUS OF THE TERRITORY SOMETIMES KNOWN AS DUBLIN NORTH 1C
      ANNEXATION HEREINAFTER MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A””.

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

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

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

37.   Ordinance No. 06-167 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
      SPRINGS THAT AREA SOMETIMES KNOWN AS DUBLIN NORTH 1C AS HEREINAFTER
      SPECIFICALLY DESCRIBED IN EXHIBIT “A” was introduced and read.

      Motion by Small, second by Hente, that the ordinance be passed as introduced; the
      annexation meets the requirements of State statutes and City Code; is compatible with the
      Comprehensive Plan of the City.



                                                   20
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


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

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

38.   CPC MP 06-00039: Request by LDC, Inc. on behalf of Dublin North Investments for
      approval of an amendment to the Dublin North Master Plan consisting of 10.0 acres
      located east of Templeton Gap Road, north of Dublin Boulevard and Vickie Lane and
      south of the proposed School Street.

      Motion by Small, second by Gallagher, that the amendment to the Dublin North Master Plan
      consisting of 10.0 acres located east of Templeton Gap Road, north of Dublin Boulevard and
      Vickie Lane and south of the proposed School Street be approved.

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

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

39.   CPC ZC 06-00038: (Quasi-Judicial Matter) Ordinance No. 06-168 entitled “AN ORDINANCE
      AMENDING THE ZONING MAP OF THE CITY OF COLORADO SPRINGS RELATING TO
      10.0 ACRES LOCATED EAST OF TEMPLETON GAP ROAD, NORTH OF DUBLIN
      BOULEVARD AND VICKIE LANE AND SOUTH OF THE PROPOSED SCHOOL STREET”
      was introduced and read. (A/AO-CAD)

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

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

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

40.   CPC A 05-00287: Public hearing on a request by LDC, Inc. on behalf of Dublin North
      Investments, LLC and Cheuk S. and Susanne F. Kwan for Cheuk and Susanne Living
      Trust for approval of the Dublin North 3 annexation consisting of 14.22 acres located
      east of Templeton Gap Road, north of Dublin Boulevard and Vickie Lane and south of
      the proposed School Street.

      There were no citizen comments.

      Mayor Rivera declared the Public Hearing closed.

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

41.   Resolution No. 150-06 was presented: “A RESOLUTION SETTING FORTH FINDINGS OF
      FACT AND CONCLUSIONS OF LAW BASED THEREON AND DETERMINING THE


                                                  21
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


      STATUS OF THE TERRITORY SOMETIMES KNOWN AS DUBLIN NORTH 3 ANNEXATION
      HEREINAFTER MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A””.

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

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

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

42.   Ordinance No. 06-169 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
      SPRINGS THAT AREA SOMETIMES KNOWN AS DUBLIN NORTH 3 AS HEREINAFTER
      SPECIFICALLY DESCRIBED IN EXHIBIT “A” was introduced and read.

      Motion by Small, second by Hente, that the ordinance be passed as introduced; finding that
      the annexation complies with State laws and meets the conditions for annexations as
      established by City Code.

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

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

43.   CPC A 05-00288: Public hearing on a request by LDC, Inc. in behalf of Dublin North
      Investments, LLC and Cheuk S. and Susanne F. Kwan for Cheuk and Susanne Living
      Trust for approval of the Dublin North 3A annexation consisting of 12.0 acres located
      east of Templeton Gap Road, north of Dublin Boulevard and Vickie Lane and south of
      the proposed School Street.

      There were no citizen comments.

      Mayor Rivera declared the Public Hearing closed.

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

44.   Resolution No. 152-06 was presented: “A RESOLUTION SETTING FORTH FINDINGS OF
      FACT AND CONCLUSIONS OF LAW BASED THEREON AND DETERMINING THE
      STATUS OF THE TERRITORY SOMETIMES KNOWN AS DUBLIN NORTH 3A
      ANNEXATION HEREINAFTER MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A””.

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

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

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


                                                   22
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


45.   Ordinance No. 06-170 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
      SPRINGS THAT AREA SOMETIMES KNOWN AS DUBLIN NORTH 3A AS HEREINAFTER
      SPECIFICALLY DESCRIBED IN EXHIBHT “A” was introduced and read.

      Motion by Small, second by Gallagher, that the ordinance be passed as introduced; finding
      that the annexation complies with State laws and meets the conditions for annexations as
      established by City Code.

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

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

46.   CPC MP 05-00289: Request by LDC, Inc. on behalf of Dublin North Investments, LLC
      and Cheuk S. and Susanne F. Kwan for Cheuk and Susanne Living Trust for approval
      of a major amendment to the approved Dublin North Master Plan consisting of 26.48
      acres located east of Templeton Gap Road, north of Dublin Boulevard and Vickie Lane
      and south of the proposed School Street.

      Motion by Small, second by Gallagher, that the major amendment to the approved Dublin
      North Master Plan consisting of 26.48 acres located east of Templeton Gap Road, north of
      Dublin Boulevard and Vickie Lane and south of the proposed School Street be approved.

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

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

47.   CPC ZC 05-00290: Ordinance No. 06-171 entitled “AN ORDINANCE AMENDING THE
      ZONING MAP OF THE CITY OF COLORADO SPRINGS RELATING TO 26.22 ACRES
      LOCATED EAST OF TEMPLETON GAP ROAD, NORTH OF DUBLIN BOULEVARD AND
      VICKIE LANE AND SOUTH OF THE PROPOSED SCHOOL STREET” was introduced and
      read. (A/AO-CAD)

      Motion by Small, second by Gallagher, that the ordinance be passed as introduced; finding
      that the zoning will not be detrimental to the public health, safety or general welfare and is
      consistent with the Comprehensive Plan.

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

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

48.   CPC A 06-00068: Public hearing on a request by LDC, Inc. on behalf of Esteban D.
      Rodriguez and T-Gap Storage, LLC for approval of the T-Gap Addition annexation
      consisting of 19.16 acres located east of Templeton Gap Road and north of Dublin
      Boulevard and Vickie Lane and the proposed School Street.
                                                   23
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006



      Mr. Reitwiesner stated Falcon School District No. 49 is in the middle of negotiations with Mr.
      Rodriguez with the anticipation that the same fee structure will be in place for this item.

      Mayor Rivera declared the Public Hearing closed.

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

49.   Resolution No. 152-06 was presented: “A RESOLUTION SETTING FORTH FINDINGS OF
      FACT AND CONCLUSIONS OF LAW BASED THEREON AND DETERMINING THE
      STATUS OF THE TERRITORY SOMETIMES KNOWN AS T-GAP ADDITION ANNEXATION
      HEREINAFTER MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A””.

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

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

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

50.   Ordinance No. 06-172 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
      SPRINGS THAT AREA SOMETIMES KNOWN AS T-GAP ADDITION AS HEREINAFTER
      SPECIFICALLY DESCRIBED IN EXHIBIT “A” was introduced and read.

      Motion by Small, second by Radford, that the ordinance be passed as introduced; finding that
      the annexation complies with State laws and meets the conditions for annexations as
      established by City Code.

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

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

51.   CPC MP 06-00069: Request by LDC, Inc. on behalf of Esteban D. Rodriguez and T-Gap
      Storage, LLC for approval of the T-Gap Addition Master Plan consisting of 19.16 acres
      located east of Templeton Gap Road and north of Dublin Boulevard, Vickie Lane and
      the proposed School Street.

      Motion by Small, second by Radford, that the T-Gap Addition Master Plan consisting of 19.16
      acres located east of Templeton Gap Road and north of Dublin Boulevard, Vickie Lane and
      the proposed School Street be approved.

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

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


                                                   24
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


52.   CPC ZC 06-00070: Ordinance No. 06-177 entitled “AN ORDINANCE AMENDING THE
      ZONING MAP OF THE CITY OF COLORADO SPRINGS RELATING TO 19.16 ACRES
      LOCATED EAST OF TEMPLETON GAP ROAD AND NORTH OF DUBLIN BOULEVARD,
      VICKIE LANE AND THE PROPOSED SCHOOL STREET” was introduced and read. (A/AO-
      CAD)

      Motion by Small, second by Radford, that the ordinance be passed as introduced; finding that
      the zoning will not be detrimental to the public health, safety or general welfare and is
      consistent with the Comprehensive Plan.

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

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

                     Councilmembers Gallagher and Hente were excused.

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

53.   CPC A 05-00259: Public hearing on a request by LDC, Inc. on behalf of Colorado
      Springs First Church of the Nazarene, and Phyllis J. and Merlin D. Gingerich for
      approval of the Woodmen Heights Addition No. 7 annexation, consisting of 62.2 acres
      located along Nebraska Lane south of Woodmen Road.

      Mr. Newburg expressed concerns about the lot sizes and density of the development; wants
      larger lots; traffic going into development will come through his neighborhood and will not
      have adequate traffic flow in and out of the development.

      Mr. Larsen reviewed the criteria; density on property; traffic issues and cut through traffic.

      Mr. Tice stated this is part of the final Development Plan; neighbors were notified on several
      occasions of meetings and proposed development plans.

      Terry Schooler, representative of the First Church of the Nazarene, stated there were three
      public meetings; John Laing is the developer; spoke to neighbors about buffers; also
      discussed with the Planning Commission.

      Jeff Stoddard expressed concerns that exits will be thru his neighborhood; road grades have
      not been addressed.

      Mr. Reitwiesner stated Falcon School District No. 49 is in the middle of negotiations with with
      the First Church of the Nazarene in anticipation that the same fee structure will be in place for
      this item.

      Mayor Rivera declared the Public Hearing closed.

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



                                                     25
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


54.   Resolution No. 153 – 06 was presented: “A RESOLUTION SETTING FORTH FINDINGS OF
      FACT AND CONCLUSIONS OF LAW BASED THEREON AND DETERMINING THE
      STATUS OF THE TERRITORY SOMETIMES KNOWN AS WOODMEN HEIGHTS ADDITION
      NO. 7 ANNEXATION HEREINAFTER MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A””.

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

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

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

55.   Ordinance No. 06-173 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
      SPRINGS THAT AREA SOMETIMES KNOWN AS WOODMEN HEIGHTS ADDITION NO. 7
      AS HEREINAFTER SPECIFICALLY DESCRIBED IN EXHIBIT “A” was introduced and read.

      Motion by Small, second by Radford, that the ordinance be passed as introduced; finding that
      the annexation complies with State laws and meets the conditions for annexations as
      established by City Code.

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

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

56.   CPC A 05-00260: Public hearing on a request by LDC, Inc. on behalf of Colorado
      Springs First Church of the Nazarene, Phyllis J. and Merlin D. Gingerich for approval of
      the Woodmen Heights Addition No. 8 annexation, consisting of 9.73 acres located
      along Nebraska Lane, south of Woodmen Road.

      There were no citizen comments.

      Mayor Rivera declared the Public Hearing closed.

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

57.   Resolution No. 154-06 was presented: “A RESOLUTION SETTING FORTH FINDINGS OF
      FACT AND CONCLUSIONS OF LAW BASED THEREON AND DETERMINING THE
      STATUS OF THE TERRITORY SOMETIMES KNOWN AS WOODMEN HEIGHTS NO. 8
      ANNEXATION HEREINAFTER MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A””.

      Motion by Small, second by Radford, that the resolution be adopted; finding that the
      annexation complies with State laws and meets the conditions for annexations as established
      by City Code.

      Ayes:        Glenn, Herpin, Radford, Rivera, Small
      Noes:        None
      Absent:      Gallagher, Heimlicher, Hente, Purvis
                                                   26
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006



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

58.   Ordinance No. 06-174 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
      SPRINGS THAT AREA SOMETIMES KNOWN AS WOODMEN HEIGHTS ADDITION NO. 8
      AS HEREINAFTER SPECIFICALLY DESCRIBED IN EXHIBIT “A” was introduced and read.

      Motion by Small, second by Radford, that the ordinance be passed as introduced; finding that
      the annexation complies with State laws and meets the conditions for annexations as
      established by City Code.

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

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

59.   CPC A 05-00261: Public hearing on a request by LDC, Inc. on behalf of Colorado
      Springs First Church of the Nazarene, and Phyllis J. and Merlin D. Gingerich for
      approval of the Woodmen Heights Addition No. 9 annexation, consisting of 3.87 acres
      located along Nebraska Lane, south of Woodmen Road.

      There were no citizen comments.

      Mayor Rivera declared the Public Hearing closed.

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

60.   Resolution No. 155-06 was presented: “A RESOLUTION SETTING FORTH FINDINGS OF
      FACT AND CONCLUSIONS OF LAW BASED THEREON AND DETERMINING THE
      STATUS OF THE TERRITORY SOMETIMES KNOWN AS WOODMEN HEIGHTS ADDITION
      NO. 9 ANNEXATION HEREINAFTER MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A””.

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

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

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

61.   Ordinance No. 06-175 entitled “AN ORDINANCE ANNEXING TO THE CITY OF COLORADO
      SPRINGS THAT AREA SOMETIMES KNOWN AS WOODMEN HEIGHTS ADDITION NO. 9
      AS HEREINAFTER SPECIFICALLY DESCRIBED IN EXHIBIT “A” was introduced and read.

      Motion by Small, second by Radford, that the ordinance be passed as introduced; finding that
      the annexation complies with State laws and meets the conditions for annexations as
      established by City Code.



                                                   27
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


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

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

62.   CPC MP 05-00262: Request by LDC, Inc. on behalf of Colorado Springs First Church of
      the Nazarene, and Phyllis J. and Merlin D. Gingerich for approval of the Dublin North
      Master Plan (aka Quail Brush Creek Master Plan) consisting of 75.8 acres located along
      Nebraska Lane, south of Woodmen Road.

      Motion by Radford, second by Small, that this matter be continued to the City Council meeting
      of October 10, 2006.

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

      Mayor Rivera declared the motion carried.

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

63.   CPC ZC 05-00265: (Quasi-Judicial Matter) Request by LDC, Inc. on behalf of Colorado
      Springs First Church of the Nazarene, Phyllis J. and Merlin D. Gingerich for approval of
      the establishment of an A/AO-CAD (Agricultural District with Commercial Airport
      Overlay) zone consisting of 13.6 acres located along Nebraska Lane, south of
      Woodmen Road.

      Motion by Radford, second by Small, that this matter be continued to the City Council meeting
      of October 10, 2006.

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

      Mayor Rivera declared the motion carried.

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

64.   CPC PUZ 05-00263: (Quasi-Judicial Matter) Request by LDC, Inc. on behalf of Colorado
      Springs First Church of the Nazarene, and Phyllis J. and Merlin D. Gingerich for
      approval of the establishment of a PUD/AO-CAD (Planned Unit Development: Single-
      Family Residential; 30 ft. max. bldg. ht.; 3.5 – 7.99 du/ac with Commercial Airport
      Overlay) zone consisting of 62.2 acres located along Nebraska Lane, south of
      Woodmen Road.

      Motion by Radford, second by Small, that this matter be continued to the City Council meeting
      of October 10, 2006.



                                                   28
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


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

      Mayor Rivera declared the motion carried.

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

65.   CPC PUP 05-00264: (Quasi-Judicial Matter) Request by LDC, Inc. on behalf of Colorado
      Springs First Church of the Nazarene, and Phyllis J. and Merlin D. Gingerich for
      approval of a PUD development plan for Quail Brush Creek consisting of 62.2 acres
      located along Nebraska Lane south of Woodmen Road.

      Motion by Radford, second by Small, that this matter be continued to the City Council meeting
      of October 10, 2006.

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

      Mayor Rivera declared the motion carried.

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

                        Councilmembers Gallagher and Hente returned.

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

66.   CPC MPA 06-00127: Public hearing on an appeal by Mike Slattery of the Planning
      Commission denial of a minor amendment to the Master Plan for Woodmen Plaza East
      consisting of 1.0 acre located at 1896 East Woodmen Road.

      Andrea Barlow, Planner II, reviewed the Woodmen Road widening project as it would affect
      this site; neighborhood issues and concerns; neighbors wanted a big screen wall between
      commercial and residential area; Staff wanted to maintain character of neighborhood by
      requiring a more compatible design.

      Mike Slattery, applicant, wanted a residential feel and look; read remarks from Mark
      Cunningham, Bob Null and Mike Wignall from the Planning Commission; willing to accept
      revised conditions of record.

      Tom McLaughlin stated he is disappointed with the process; confused that the applicant wants
      to make these changes and then sell.

      Rebuttal:

      Mr. Slattery stated installing a wall was never a problem; felt it is something he could and is
      willing to do.



                                                    29
           COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


      Motion by Small, second by Radford, to overturn the decision of the Planning Commission
      and grant the appeal with the revised condition of record; masonry screen wall on northern
      property compatible with surrounding wall on southern side; appropriate transition on eastern
      boundary consistent with the C-5 zone.

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

      Mayor Rivera declared the motion carried.


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

67.   CPC ZC 06-00128: (Quasi-Judicial Matter) Public hearing on an appeal by Mike Slattery
      of the Planning Commission denial of a zone change from R/cr (Estate, Single-Family
      Residential with conditions of record) to C-5 (Intermediate Business) consisting of 1.0
      acre located at 1896 East Woodmen Road.

      Motion by Small, second by Radford, to overturn the decision of the Planning Commission
      and grant the appeal.

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

      Mayor Rivera declared the motion carried.

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

68.   CPC CP 06-00129: (Quasi-Judicial Matter) Public hearing on an appeal by Mike Slattery
      of the Planning Commission denial of a concept plan consisting of 1.0 acre located at
      1896 Woodmen Road.

      Motion by Small, second by Radford, to overturn the decision of the Planning Commission
      and grant the appeal with the revised condition of record; masonry screen wall on northern
      property compatible with surrounding wall on southern side; appropriate transition on eastern
      boundary consistent with the C-5 zone.

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

      Mayor Rivera declared the motion carried.




                                                   30
    COLORADO SPRINGS CITY COUNCIL MEETING – SEPTEMBER 12, 2006


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

At 10:02 P.M., motion by Glenn, second by Small, that Council adjourn.                The motion
unanimously carried, and




                                                              Kathryn M. Young, CMC, CERA
                                                              City Clerk




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