City Hall  
107 N. Nevada Avenue  
Colorado Springs, CO  
80903  
City of Colorado Springs  
Meeting Minutes  
Council Work Session  
City Council meetings are broadcast live on Channel 18. In  
accordance with the ADA, anyone requiring an auxiliary aid to  
participate in this meeting should make the request as soon as  
possible but no later than 48 hours before the scheduled event.  
Monday, March 11, 2024  
10:00 AM  
Council Chambers  
How to Watch the Meeting  
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Facebook Page @coscity Council | SPRINGS TV - Comcast Channel 18 / 880 (HD)  
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Estimated agenda item times are provided for planning purposes and do not constitute notice  
of a specific time for any item. Items may take more or less time than estimated. City Council  
may amend the order of items.  
1. Call to Order and Roll Call  
President Helms called the meeting to order at 10:00 AM.  
8 -  
Present  
Councilmember Yolanda Avila, President Pro Tem Lynette Crow-Iverson,  
Councilmember Dave Donelson, President Randy Helms, Councilmember Nancy  
Henjum, Councilmember Mike O'Malley, Councilmember Brian Risley, and  
Councilmember Michelle Talarico  
1 - Councilmember David Leinweber  
Excused  
Councilmember O’Malley arrived at approximately 1:00 PM.  
2. Changes to Agenda  
There were no Changes to Agenda.  
3. Regular Meeting Comments  
There were no Regular Meeting Comments.  
4. Review of Previous Meeting Minutes  
24-124  
4.A.  
City Council Work Session Meeting Minutes February 26, 2024  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments: 2-26-24 City Council Work Session Meeting Minutes Final  
The minutes of the February 26, 2024 Work Session were approved by  
Consensus of City Council.  
5. Presentations for General Information  
24-117  
5.A.  
Update on Golden Mill Cycle Remediation from Colorado Department of  
Public Health and Environment  
Presenter:  
Doug Jamison, Colorado Department of Public Health and Environment  
Attachments: Gold Hill mesa HMWMD (1)  
Doug Jamison, Colorado Department of Public Health and Environment  
(CDPHE), Superfund and Brownfields Unit, Hazardous Materials and  
Waste Management Division, provided an overview of the CDPHE  
voluntary cleanup program (VCUP) process at Gold Hill Mesa, history of  
the Golden Cycle Mill, regulatory authority, Environmental Protection  
Agency (EPA) actions at Gold Hill Mesa, CDPHE VCUP, VCUP process,  
VCUP process for Gold Hill Mesa, and CDPHE oversight.  
Councilmember Henjum asked what prompted the presentation today. Mr.  
Jamison stated they have received hundreds of inquiries over the history of  
this site and City Council approves the various filings for Gold Hill Mesa, so  
they thought it was important to put on record documentation of the  
voluntary cleanup process.  
Councilmember Henjum asked if the CDPHE or El Paso County Health  
Department have any data showing airborne occurrence of any of the  
known contaminants at Gold Hill in the areas of homes being built after  
people moved into the homes in Gold Hill. Mr. Jamison stated they do not.  
Councilmember Henjum asked if the basements of the homeowners that  
have complained of odors and dark staining have been sampled for  
elevated levels of known contaminants in the last ten years. Fonda  
Apostolopoulos, CDPHE, Brownfields Unit, stated part of the cleanup plan  
involved a materials management plan which included addressing a  
complaint approximately ten years ago regarding the amount of dust in the  
area and they remedied the situation by increasing the number of water  
trucks from one to three. He stated approximately five years ago, a  
homeowner had a drainage pipe collapse, so they sampled the water  
which had flooded into the basement for dissolved metals and total metals  
and in both instances the results were below the EPA regional screening  
levels.  
Councilmember Henjum asked if any scrub or areas of dead grass has  
been sampled for contaminants. Mr. Apostolopoulos stated they have not  
because they have not seen dead grass or dead trees in the residential  
areas.  
Councilmember Henjum asked if there have been any health concerns  
within the dog population. Mr. Apostolopoulos explained how the mitigation  
process was performed to eliminate exposure.  
President Helms asked what kind of risk was there prior to the cleanup. Mr.  
Jamison stated the risk posed by uncontrolled tailings, (high volume low  
toxicity waste), where there are potential exposures and impacts to surface  
water, would be to the recreational users of the neighboring properties.  
President Helms asked if there is ongoing cleanup of the site. Mr. Jamison  
confirmed there is, in the areas slated for commercial development, toward  
the western side of the property.  
President Helms asked if there will be any kind of follow up procedures to  
check for contamination after all the development is complete. Mr. Jamison  
stated typically there is not any kind of follow up, but they are continually  
collecting data to ensure the cleanup plan is implemented as approved and  
will provide surface water sampling results for Fountain Creek.  
Councilmember Donelson requested the CDPHE or the EPA explain the  
increase in arsenic levels detected in the 2022-2023 study the EPA  
performed at the A-one Mobile Village trailer park. Mr. Jamison explained  
that A-one Mobile Village is not part of the Gold Hill Mesa, and he is not  
familiar with the data that shows an increase in arsenic concentrations.  
David Fronczak, EPA, Region 8, stated the assessment has been ongoing  
in the A-one Mobile Village and within the past month, the levels were  
recently lowered, and he does not have evidence that it is increasing.  
Councilmember Donelson asked what will be done if arsenic levels at  
A-One Mobile Village are unacceptable. Mr. Fronczak stated they are  
developing ways to mitigate it and they are continuing to monitor it through  
site inspections.  
Councilmember Donelson asked if the soil from the A-one Mobile Village  
will be removed in the near future. Mr. Fronczak confirmed it will be.  
Councilmember Talarico asked if the Gold Hill Mesa site is an EPA  
Superfund site. Mr. Fronczak stated it is on the Superfund inventory site,  
but it is not proposed for the Superfund National Priorities List (NPL).  
Councilmember Talarico asked if the mitigation process is sound and  
there are no public health concerns at this time. Mr. Jamison confirmed it  
is.  
Councilmember Talarico asked if Gold Hill Mesa would be responsible for  
the cleanup in A-One Mobile Village. Mr. Fronczak stated he does not  
believe they would be responsible for that cleanup.  
President Pro Tem Crow-Iverson asked if the majority of arsenic is  
consumed through water and asked if Fountain Creek water could be  
tested. Mr. Fronczak stated he is not able to answer that because he is not  
a toxicologist. Jennifer Talbert, CDHPE, Remediation Program Manager,  
Hazardous Materials and Waste Management, stated the community is on  
municipal water which is why they do not require that type of testing. Andy  
Colosimo, Colorado Springs Utilities, stated they conduct regular and  
extensive water quality testing.  
Councilmember Donelson stated a lot of children play in Fountain Creek  
and asked why the water has not been tested. Mr. Jamison stated they do  
not test Fountain Creek as part of the voluntary cleanup, but the developer  
cleaned up the flood plain of Fountain Creek and removed the tailings  
which prevents additional contamination of Fountain Creek, and they will  
provide the data from surface water samplings which other agencies have  
conducted.  
24-118  
5.B.  
Update from Men of Influence on efforts to help prevent violence in  
Colorado Springs  
Presenter:  
Dee Smith, Men of Influence  
Conrad Dawes, Men of Influence  
Jennifer Smith. Men of Influence  
Attachments:  
Empowering Colorado Springs Investing in Community Betterment  
with OneBody ENT_City Council Immersion Brief-1  
Conrad Dawes, Men of Influence, provided an update on Men of Influence's  
efforts to help prevent violence in Colorado Springs. He introduced the  
members of the team and provided an overview of their main objective,  
OneBody ENT, ongoing projects, and vision.  
Dee Smith and Jennifer Smith, OneBody ENT, expressed appreciation for  
the support given to their organization.  
Councilmember Henjum asked how City Council can partner with Men of  
Influence. Mr. Dawes stated by allowing them to share the details of their  
organization and promote their brand. Mr. Smith stated they also need  
continued financial support from Lodgers and Automobile Rental Tax  
(LART) fund for events such as Juneteenth.  
Councilmember Avila acknowledged all the work done for the community  
by OneBody ENT and Men of Influence.  
6. Staff and Appointee Reports  
24-122  
6.A.  
Agenda Planner Review  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments: Agenda Planner Review 3-11-24  
Councilmember Donelson asked why items 7.C. through 7.G. are  
scheduled to be back-to-back for the March 12, 2024 City Council meeting.  
Renee Congdon, Utilities Division Chief, City Attorney’s Office, stated  
these items have already been presented to Colorado Springs Utilities  
Board and Planning Commission and she will be unavailable on March 26,  
2024 but staff is amenable to postpone them to the April 9, 2024 City  
Council meeting.  
7. Items for Introduction  
24-103  
7.A.  
Sworn and Civilian Policies and Procedures Manual Updates  
Presenter:  
Danielle Delgado, Human Resources Manager, Human Resources  
Attachments: Q1 2024 Policies and Procedures Manual Updates - Detailed  
Q1 2024 Policies and Procedures Manual Updates - Summary  
Danielle Delgado, Human Resources Manager, Human Resources  
Department, stated the proposed updates to the City of Colorado Springs  
Civilian and Sworn Policies and Procedures Manuals (PPM) have been  
reviewed by the Human Resources Department, President Helms,  
Councilmember Donelson, and are sent out to City employees for  
comment. She provided an overview of each of the proposed updates to  
the PPM.  
Councilmember Henjum asked if the addition of the breastfeeding room at  
City Hall was to come into compliance with the updates to the PPM. Ms.  
Delgado stated it is part of the accommodation they provide for nursing  
mothers and it was requested by someone who works in the building.  
24-081  
7.B.  
An Ordinance amending Ordinance No. 23-65 (2024 Budget  
Appropriation Ordinance) for a supplemental appropriation to the Patty  
Jewett Golf Enterprise Fund in the amount of $2,000,000 for a portion of  
the cost of replacing the irrigation system at Patty Jewett Golf Course  
Presenter:  
Chris Fiandaca, City Budget Manager  
Britt Haley, Director - Parks, Recreation and Cultural Services  
Kim King, Assistant Director - Parks, Recreation and Cultural Services  
Attachments: Ordinance- Supp Approp-Golf Enterprise irrigation systems  
2024 Supplemental Funding for golf irrigation -PowerPoint Final  
Chris Fiandaca, City Budget Manager, presented the Ordinance for a  
supplemental appropriation to the Patty Jewett Golf Enterprise Fund in the  
amount of $2 million for a portion of the cost of replacing the irrigation  
system at Patty Jewett Golf Course.  
Pat Gentile, Golf Course Superintendent, provided an overview of the Golf  
Enterprise, current irrigation systems, new irrigation systems, turf grass  
reduction, irrigation design, funding challenge, and funding plan.  
Councilmember Henjum asked what created the difference between the  
American Rescue Plan Act (ARPA) funding which was granted and the  
actual cost of the irrigation system. Mr. Gentile stated the projection was  
made in 2020 and since then, the cost for labor and parts has increased  
drastically.  
Kim King, Assistant Director, Parks, Recreation and Cultural Services,  
identified the funding plan summary.  
President Helms asked why the ARPA funds will be used for Vally Hi Golf  
Course instead of just selling Valley Hi Golf Course and using the ARPA  
funds for Patty Jewett Golf Course. Ms. King stated the availability of public  
courses has been reduced over the years and keeping the green space is  
a benefit to the community.  
Councilmember Risley asked how much would remain in the Patty Jewett  
Golf Enterprise Fund after the $2 million is expended. Mr. Gentile stated  
approximately $700,000 would remain in the fund balance and $300,000  
per year has been going into that fund balance.  
Councilmember Risley requested additional information regarding the $1.6  
million lease purchase. Mr. Gentile stated the interest rates are 7.5 percent,  
there is a $285,000 payback per year for seven years. the collateral is the  
irrigation system itself, and it is through PNC Bank.  
Councilmember Donelson stated this is a smart way to use the available  
resources and will be supporting this item.  
Councilmember Avila stated the green space of Valley Hi Golf Course is  
very much needed because the Southwest is a heat island.  
Councilmember Henjum stated she will also be supporting this item.  
President Pro Tem Crow-Iverson asked if this project would help Valley Hi  
Golf Course become more self-sustaining. Mr. Gentile stated both courses  
are already self-sustaining, but this would make them even more profitable.  
7.C.  
CODE-24-00 An Ordinance repealing and re-ordaining Section 701 (annexation of  
01  
land) of Part 7 (Policy Decisions by City Council) of Article 5  
(Administration and Enforcement) of Chapter 7 (Unified Development  
Code) of the Code of the City of Colorado Springs 2001, as amended,  
pertaining to annexation.  
(Legislative)  
Presenter:  
Peter Wysocki, Director of Planning + Neighborhood Services  
Renee Congdon, Utilities Division Chief, City Attorney’s Office  
Attachments: Attachment 1 - UDC-AnnexationORD-2024-01-03  
Attachment 2 - Table with Proposed Changes to the Annexation  
Section  
1-Annexation-Related Code Changes Presentation for Council March  
11  
Renee Congdon, Utilities Division Chief, City Attorney’s Office, presented  
the Ordinances pertaining to annexation, water service, wastewater  
service, outside city service, and exclusive provider exceptions. She  
provided an overview of the background, nature of changes,  
reorganization, proposed changes to Sections of City Code Chapters 7  
and 12, and approval process.  
Councilmember Henjum requested additional information on the proposed  
changes to the annexor’s obligation if there is an overlap in existing  
services. Ms. Congdon identified the specifics of the proposed changes to  
Chapter 7, Section 7.5.701 which clarifies what is required if the annexor  
does not currently own all of the required easements.  
Councilmember Henjum asked if Colorado Springs Utilities (CSU) was  
previously the exclusive provider due to the size of CSU and the City. Ms.  
Congdon confirmed that was a large factor, but now they need to evaluate  
due to the availability of resources and the ability to meet regulatory  
requirements.  
Councilmember Risley expressed support of the proposed changes and  
the flexibility/streamlining of the procedures.  
24-123  
7.D.  
An Ordinance amending Part 3 (Water Service) of Article 4 (Water  
Code) of Chapter 12 (Utilities) of the Code of the City Of Colorado  
Springs 2001, as Amended, Pertaining to Water Service  
Presenter:  
Renee Congdon, Utilities Division Chief, City Attorney’s Office  
Attachments: CSU-WaterServiceCh12-ORD 12.4.302-305.docx  
Please see comments in Agenda item 7.C.  
24-125  
7.E.  
An Ordinance Amending Part 3 (Wastewater Service) Of Article 5  
(Wastewater Treatment Code) of Chapter 12 (Utilities) of the Code of  
the City Of Colorado Springs 2001, as Amended, Pertaining To  
Wastewater Service  
Presenter:  
Renee Congdon, Utilities Division Chief, City Attorney’s Office  
Attachments: CSU-outside city wastewater service 12.5.302-304  
Please see comments in Agenda item 7.C.  
24-126  
7.F.  
An Ordinance Repealing and Reordaining Section 116 (Special  
Contract Service) of Article 1 (General Provisions) of Chapter 12  
(Utilities) of the Code of the City of Colorado Springs 2001, as  
Amended, Pertaining to Outside City Service  
Presenter:  
Renee Congdon, Utilities Division Chief, City Attorney’s Office  
Attachments: CSU-OutsideCityService-ORD 12.1.116.docx  
Please see comments in Agenda item 7.C.  
24-133  
7.G.  
An Ordinance amending Section 111 (Exclusivity) Of Article 1 (General  
Provisions) of Chapter 12 (Utilities) of the Code of the City Of Colorado  
Springs 2001, as amended, pertaining to Exclusive Provider Exceptions  
Presenter:  
Renee Congdon, Utilities Division chief, City Attorney’s Office  
Attachments: CSU-ExclusiveProviderExceptions-ORD_12.1.111.docx  
Please see comments in Agenda item 7.C.  
8. Items Under Study  
8.A.  
ANEX-23-00 An informational presentation of the proposed Amara Annexation  
(Legislative)  
30  
Presenter:  
Peter Wysocki, Director of Planning + Neighborhood Services  
Katie Carleo, Planning Manager of Planning + Neighborhood Services  
La Plata, LLC, Annexor  
Economic and Planning Systems, Inc.  
Attachments:  
Staff Report - Amara Annexation  
Amara Annexation Addition No. 1 - Plat  
Councilmember Risley introduced the informational presentation of the  
proposed Amara Annexation guidelines and consideration policy  
checkpoint. He reminded everyone that the requirements for annexation  
are listed in the Unified Development Code (UDC) and these are proposed  
guidelines and a framework for the annexation process as they come  
before City Council.  
Councilmember Henjum stated she believes this will make the process  
more transparent to the public.  
Katie Carleo, Planning Manager of Planning and Neighborhood Services,  
provided a brief overview of the Amara Annexation timelines and  
presentations.  
Mike Ruebenson, Chief Operating Officer, Annexor La Plata Communities,  
introduced John Covert, Cushman & Wakefield, who went over the  
Colorado Springs market, Front Range starts by county, Denver, CO metro  
annual starts/closings, annual new home permits 1999-2023, EL PASO  
population growth 2000-2050, submarket annual starts percent share of  
overall market (2003-2023), and submarket average sales price trend  
(2016-2023).  
Councilmember O’Malley asked if they have verified their permit numbers  
with Roger Lovell, Pikes Peak Regional Building Department. Mr. Covert  
stated they have not, but generally the numbers generally track with one  
another.  
Councilmember Henjum requested additional information regarding the  
migration graph. Mr. Coverts explained the aspects of each of the  
projections.  
Councilmember O’Malley asked if their calculations of available lots  
included the 180,000 residents in Banning Lewis Ranch. Mr. Covert  
confirmed they do.  
Cody Humphrey, Director of Planning, La Plata Communities, representing  
the annexor, went over the City’s future growth regional context map, key  
areas of the El Paso County Master Plan, current/future urban development  
growth, Amara Master Plan, Amara Vision, requirements/guidelines, and  
proposed process.  
Councilmember Henjum asked if it is a benefit to the City and the residents  
of Cimmaron Hills for it to be an enclave. Mr. Humphrey stated that would  
be a question for Colorado Springs Utilities (CSU). Councilmember  
O’Malley stated that district would never be able to meet City of Colorado  
Springs standards. Councilmember Risley stated the Amara annexation  
may unlock the ability to annex some of the portions of El Paso County  
adjacent properties due to the utility extensions it will provide. Doug  
Quimby, President and Chief Executive Officer, La Plata Communities,  
representing the annexor, spoke about the annexation of the Briargate and  
Banning Lewis Ranch areas which included the discussion of the  
inconvenience of the enclave of Cimmaron Hills.  
Councilmember Henjum asked what part of the El Paso County Master  
Plan City Council needs to take into consideration. Councilmember Risley,  
former Chair, El Paso County Commission, explained some of the aspects  
of the El Paso County Master Plan which was done in conjunction with City  
Planning staff and other municipal agencies.  
Councilmember O’Malley asked if Lorson Ranch will ever be annexed into  
the City. Mr. Humphrey stated it should have been, but the developer  
decided to stay within the County.  
Councilmember O’Malley asked where the fire and police stations will be  
located. Mr. Humphrey stated the fire station will be located between PA 18  
and PA 19 and Colorado Springs Police Department (CSPD) declined the  
need for a police substation.  
Councilmember O’Malley asked why the Utilities Board process has been  
removed from the process. Mr. Ruebenson stated they presented to the  
Utilities Board on June 21, 2023 and the water Ordinance was approved.  
Mr. Humphrey identified the housing diversity, sufficiency of existing or  
planned public safety staffing, fire station locations, Colorado Springs Fire  
Department (CSFD) letter of support, public safety, diversity of  
development, and school districts.  
Councilmember O’Malley asked about the logical extension of City  
boundaries in relation to the City of Fountain. Mr. Humphrey stated they do  
not have a slide to present to City Council today, but the requirements have  
been vetted thoroughly by City staff. Mr. Ruebenson stated City staff  
requested that they focus mainly on the guidelines and they will provide  
additional information at their formal presentation.  
Tristan Gearhart, Chief Planning and Financial Officer, CSU, identified the  
CSU capital costs, operation/maintenance (O&M) costs at full buildout, and  
cumulative capital expense flow.  
President Pro Tem Crow-Iverson asked when commercial and light  
industry will be built. Mr. Humphrey stated they anticipate it will be done in  
the middle phase of the buildout.  
Councilmember O’Malley stated he thinks the two proposed fire stations  
should go in when construction starts. Mr. Humphrey stated they will  
continue their conversation with CSFD.  
Councilmember Risley asked if the temporary fire stations were proposed  
by the developer or requested by CSFD. Mr. Humphrey stated CSFD  
requested them.  
Councilmember O’Malley asked when the two permanent fire stations will  
be built. Andrew Knudtsen, Economic & Planning Systems Inc.,  
representing the applicant, stated Fire Station 1 will be built in 2030 and  
Fire Station 2 will be built in 2037.  
Councilmember O’Malley asked what fire station would respond in the  
interim if there was a fire. Brett Lacey, Fire Marshal, CSFD, stated Station  
11 and Station 25.  
Councilmember O’Malley asked which police station would respond.  
Deputy Chief Mary Rosenoff, CSPD, stated the Sand Creek Division or  
Stetson Hill Division, but it will be the Officers located in the closest sectors  
to the incident.  
Mr. Ruebenson provided an overview of the reasonable utilities cost  
recovery and return on investment (ROI) projections.  
Councilmember Henjum asked what assumed absorption rates are  
expected. Mr. Ruebenson stated 300, 375 and 450.  
Mr. Humphrey went over the desirable parkland/open space, sufficiency of  
existing or planned roadway infrastructure, proximity/opportunity to serve  
employment centers, economic impact on City, connectivity/proximity to  
transportation options, and ability to fund/offset costs needed for public  
facilities.  
Councilmember O’Malley asked if the parkland is located in a creek bed.  
Mr. Humphrey stated it is anticipated to be open space and trail.  
Councilmember Henjum asked if the regional trails are being planned or  
are already in existence. Mr. Humphrey stated they are being planned.  
President Pro Tem Crow-Iverson asked if Squirrel Creek Road will be part  
of the annexation. Mr. Humphries stated it was included in the annexation  
agreement for improvements. Todd Frisbie, City Traffic Engineer, stated in  
order for La Plata Communities to make improvements to that road, it  
would have to be annexed into the City.  
Councilmember O’Malley asked if Squirrel Creek Road is the only road to  
the landfill. Mr. Frisbie confirmed it is and La Plata Communities would own  
the right of way for improvements to infrastructure.  
President Pro Tem Crow-Iverson asked what the missing middle housing  
prices are projected to be. Mr. Humphrey stated between $300,000 to  
$600,000.  
Councilmember Henjum asked when the first house is expected to be built.  
Mr. Ruebenson stated late 2026.  
Councilmember Henjum asked how the South Powers Boulevard extension  
will be funded. Scott Asher, Wilson and Company, Traffic Engineer, stated  
eventually the Colorado Department of Transportation (CDOT) will take it  
over, but right now it will be funded by Pikes Peak Regional Transportation  
Authority (PPRTA) III and is on the project A list.  
Councilmember O’Malley asked if the commercial development would be  
viable with no timeline for the South Powers Boulevard extension. Mr.  
Humphrey confirmed it is viable and the commercial buildout would depend  
on the number of residential units built in the area.  
Mr. Knudtsen provided an overview of the fiscal impact methodology, City  
funds with a nexus to growth, nexus to growth factors, cost to service  
residents/employees, fiscal impact model, and development summary. He  
went over the Amara net fiscal impact, project revenues, project  
expenditures, net fiscal impact (NFI), NFI by fund, and cumulative NFI.  
Councilmember O’Malley asked if Amara will be asking for assistance  
from the Colorado Springs Urban Renewal Authority (CSURA). Mr.  
Knudtsen stated they will not.  
Councilmember O’Malley requested additional information regarding the  
tailored approach they used in calculating the estimates for the case  
studies for the fiscal impact nexus to growth factors. Mr. Knutson stated he  
will provide that information.  
Councilmember Henjum asked what absorption rate the net fiscal impact  
was based on. Mr. Knudtsen stated he will provide additional information  
on that at the formal presentation.  
Councilmember Henjum asked if the commercial revenue was calculated  
with consideration of the commercial businesses near the area. Mr.  
Knudtsen confirmed it was and they were conservative in their calculations  
which is to the benefit of the municipality.  
President Pro Tem Crow-Iverson asked how much of the commercial  
revenue will be dedicated to Colorado Springs. Mr. Knudtsen stated all the  
sixty percent revenue capture rates reflected in the slides were for  
Colorado Springs.  
Tristan Gearhart, Chief Planning and Financial Officer, Colorado Springs  
Utilities (CSU), identified the CSU capital costs, operation/maintenance  
(O&M) costs at full buildout, and cumulative capital expense flow.  
Councilmember O’Malley asked if this is a logical extension of CSU. Mr.  
Gearhart stated the water pipe brings things closer together from that side  
of the service where the developer has been willing to do some things and  
that makes some amount of sense from an operational standpoint but when  
they look at substations that they are building now, potentially down in an  
enclave that is there, that would not be our typical way that we look at some  
of those electrical pieces of infrastructure that are there. He explained that  
if they build a substation in Amara, it would serve Amara and it would not  
be able to expand and serve out into additional service territory.  
Councilmember Henjum asked if the proposed new regulations would have  
an impact on existing ratepayers. Mr. Gearhart stated they are considering  
how those proposed changes will affect the 200,000 existing CSU  
customers and what it is going to take to make sure that they have the  
growth that is there to be able to meet all of these regulations that are  
coming down which may have additional cost beyond what they have just  
presented that goes up into the billions of dollars.  
Councilmember Henjum asked what kind of risk this annexation will pose to  
CSU. Mr. Gearhart stated one of the approaches that can be taken if the  
annexation was desirable, could be that things will need to be delayed from  
the utility side inside the existing footprint which could be concerning  
because it would slow down growth inside of existing footprint where there  
is a pathway through for those and the risk he is most worried about is if an  
annexation gets approved without the backing behind it for their rates to  
grow to make sure that they can continue to grow our debt capacity which  
is additional rate growth considerations.  
Councilmember Henjum asked if the annexation agreement assumes CSU  
is providing all four utility services. Mr. Gearhart confirmed is does and  
stated another risk from a stranded asset standpoint which includes every  
development, is regarding the Clean Heat Plan that has been already  
passed by the State House. He stated currently there is a rider on customer  
bills that says if they cannot get down to the emission reductions from their  
natural gas system, they need to do a certain amount of dollars worth of  
programs that are out there and if that were to go away and we had to go to  
the full amount of reductions that are called for with the Clean Heat Plan, it  
would mean that they are starting to look at what they have to do for existing  
customers and being able to reduce their use of gas appliances in a  
significant way.  
President Pro Tem Crow-Iverson asked if this is a logical extension of CSU  
boundaries. Mr. Gearhart stated it met the requirements they had at the  
time of the Utilities Board meeting related to this. Bryan English,  
Development Projects Manager, CSU, stated they are presenting the facts  
and data, but it is ultimately City Council’s decision. He stated they must  
assess the risks which include water quality, due to the longer extension of  
water mains which they have asked the developer to install recirculating  
pumps to help mitigate, stranded assets, which are operation costs for  
those sections of infrastructure would be the responsibility of the developer  
because it does not represent or create any revenue potential for CSU and  
there are no connections being made on those sections of pipe, and the  
impact of the regulatory environment/Clean Heat Plan if it creates a  
situation where utilities either voluntarily or is mandated to discontinue  
allowing natural gas connections, it may end up being a stranded asset.  
President Pro Tem Crow-Iverson asked if the reasonable utility cost  
recovery plan is reasonable. Mr. Gearhart stated not with the other debt  
capacities issues they have.  
Councilmember O’Malley asked if there was consensus of Council to not  
proceed any further with this proposed annexation. President Pro Tem  
Crow-Iverson and President Helms stated they are not prepared to make  
that decision at this time.  
Councilmember Avila stated it is also not customary to make a decision at  
a Work Session and they should go through the formal process.  
Councilmember Risley stated he believes it would be premature to make a  
decision at this point.  
24-110  
8.B.  
An Informational Presentation of a Draft Fiscal Impact Analysis for the  
Proposed Amara Annexation  
(Legislative)  
Presenter:  
Peter Wysocki, Director of Planning + Neighborhood Services  
Katie Carleo, Planning Manager of Planning + Neighborhood Services  
La Plata, LLC, Annexor  
Economic and Planning Systems, Inc.  
Attachments: 233111- Amara_Fiscal Impact Model Update_3-5-24.pdf  
Presentation_CSU Cost Summary_City Council Work Session  
(03.11.24)  
Please see comments in Agenda item 8.A.  
9. Councilmember Reports and Open Discussion  
This item will be taken at the March 12, 2024 City Council meeting.  
10. Executive Session  
10A. Open  
24-132  
10A.A.  
Tyrone Moss v. Allen Simmons and Peter Mandry Two Colorado Springs  
Police Department Officers 23CV32168  
Presenter:  
Wynetta Massey, City Attorney  
Attachments: 24-132 Moss Council Memo  
Ben Bolinger, Assistant City Attorney, City Attorney’s Office, stated with the  
recommendation of the Civil Action Investigation Committee, the City is  
requesting authorization to defend the City employee.  
President Helms polled City Council regarding authorizing the City to  
represent the Officers. Consensus of City Council agreed.  
24-095  
10A.B.  
James Taggart v. Jason Otero Case No. 23-CV-23090  
Presenter:  
Wynetta Massey, City Attorney  
Attachments: 24-095 2024-02-10_CAIC_MemoToCOUNCIL  
Ben Bolinger, Assistant City Attorney, City Attorney’s Office, stated with the  
recommendation of the Civil Action Investigation Committee, the City is  
requesting authorization to defend the City employee.  
President Helms polled City Council regarding authorizing the City to  
represent the Officer. Consensus of City Council agreed.  
10B. Closed  
24-130  
10B.A.  
In accord with City Charter art. III, § 3-60(d) and its incorporated  
Colorado Open Meetings Act, C.R.S. § 24-6-402(4)(b) and (e) and City  
Code § 1.5.506(B), the City Council, in Open Session, is to determine  
whether it will hold a Closed Executive Session. The issue to be  
discussed involves consultation with the City Attorney for the purpose of  
receiving legal advice and determining positions relative to negotiation  
regarding a litigation settlement in excess of $100,000.  
The President of Council shall poll the City Councilmembers, and, upon  
consent of two-thirds of the members present, may conduct a Closed  
Executive Session. In the event any City Councilmember is participating  
electronically or telephonically in the Closed Executive Session, each  
City Councilmember participating in the Closed Executive Session shall  
affirmatively state for the record that no other member of the public not  
authorized to participate in the Closed Executive Session is present or  
able to hear the matters discussed as part of the Closed Executive  
Session. If consent to the Closed Executive Session is not given, the  
item may be discussed in Open Session or withdrawn from  
consideration.  
Presenter:  
Wynetta Massey, City Attorney/Chief Legal Officer  
Attachments: Closed Session memo - 3-5-24  
Ben Bolinger, Assistant City Attorney, City Attorney’s Office, stated that in  
accord with City Charter art. III, § 3-60(d) and its incorporated Colorado  
Open Meetings Act, C.R.S. § 24-6-402(4)(b) and (e), the City Council, in  
Open Session, is to determine whether it will hold an electronic Closed  
Executive Session. The issue to be discussed involves consultation with  
the City Attorney for the purpose of receiving legal advice and determining  
positions relative to negotiation regarding a litigation settlement in excess  
of $100,000.  
President Helms polled City Council regarding the desire to proceed with  
an electronic Closed Executive Session. At least two-thirds of City Council  
agreed to proceed in an electronic Closed Executive Session.  
11. Adjourn  
Upon conclusion of the Closed Executive Session and there being no  
further business to come before City Council, President Helms adjourned  
the meeting at 6:22 PM.  
Sarah B. Johnson, City Clerk