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, January 8, 2024  
10:00 AM  
Council Chambers  
How to Watch the Meeting  
Coloradosprings.gov/springstv | Facebook Live: Colorado Springs City Council  
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 10:01 AM.  
8 -  
Present  
Councilmember Yolanda Avila, President Pro Tem Lynette Crow-Iverson,  
Councilmember Dave Donelson, President Randy Helms, Councilmember Nancy  
Henjum, Councilmember David Leinweber, Councilmember Brian Risley, and  
Councilmember Michelle Talarico  
1 - Councilmember Mike O'Malley  
Excused  
Councilmember Risley attended the meeting virtually.  
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  
24-003  
4.A.  
City Council Work Session Meeting Minutes December 11, 2023  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments: 12-11-23 City Council Work Session Meeting Minutes Final  
The minutes of the December 11, 2023 Work Session were approved by  
Consensus of City Council.  
5. Executive Session  
5A. Open  
There was no Open Executive Session.  
5B. Closed  
24-009  
5B.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), the City  
Council, in Open Session, is to determine whether it will hold a Closed  
Executive Session. The issues to be discussed involve consultation with  
the City Attorney and discussing strategy for negotiations and instructing  
negotiators regarding (i) an economic development and incentive  
agreement and (ii) a real estate acquisition by the Public Works  
Department.  
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  
Attachments: 24-009 Econ Dev Closed Session Council Notice  
Ben Bolinger, Legislative Counsel, 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 issues to be discussed involve consultation with  
the City Attorney and discussing strategy for negotiations and instructing  
negotiators regarding (i) an economic development and incentive  
agreement and (ii) a real estate acquisition by the Public Works  
Department.  
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.  
6. Presentations for General Information  
There were no Presentations for General Information.  
7. Staff and Appointee Reports  
24-002  
7.A.  
Agenda Planner Review  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments: Agenda Planner Review 1-8-24  
Councilmember Henjum requested an update on the Waste  
Characterization Study.  
8. Items for Introduction  
24-007  
8.A.  
A Resolution Authorizing the Use of Possession and Use and/or Eminent  
Domain to Acquire Certain Easements Needed for the Academy  
Boulevard: Fountain to Jet Wing Project  
Presenter:  
Gayle Sturdivant, PE, PMP Acting Public Works Director/City Engineer  
Darlene Kennedy, Real Estate Services Manager  
Attachments: PW-EminentDomainRES-2023-12-28  
1_Parcels 56_80 Location Map  
3_Resolution - Exhibit A - JH Foods Permanent Easement  
4_Resolution - Exhibit B - JH Foods Temporary Easement  
5_Resolution - Exhibit C - 5710 South Highway Permanent Easement  
6_Resolution - Exhibit D - 5710 South Highway Temporary  
Easements  
7_Academy - 56-80 Presentation 20240108  
Signed Resolution No. 05-24.pdf  
Gayle Sturdivant, Acting Public Works Director/City Engineer, presented  
the Resolution authorizing the use of a possession and use and/or eminent  
domain to acquire certain easements needed for the Academy Boulevard:  
Fountain to Jet Wing Project. She provided an overview of the project  
location, Parcel 56 and Parcel 80 public and temporary construction  
easements, total areas/values, negotiation history, project timeline, and  
next steps.  
President Helms asked if the two property owners have spoken to each  
other regarding these attempts for property acquisition. Ms. Sturdivant  
stated not to her knowledge.  
Councilmember Donelson asked what the City’s response was to the  
property owner’s comparison to California property values. Ms. Sturdivant  
stated their approach was that if the property owner did not feel like there  
was an appropriate evaluation, to provide a counteroffer for consideration,  
but they never received a response.  
Councilmember Donelson asked if this project was for sidewalks. Ms.  
Sturdivant stated it was for Americans with Disabilities Association (ADA)  
accessible sidewalks and pedestrian ramps.  
Councilmember Henjum asked if this is part of the Pikes Peak Rural  
Transportation Authority (PPRTA) project on South Academy. Ms.  
Sturdivant confirmed it is for the roadway construction of it.  
Councilmember Leinweber asked if the City coordinates with Colorado  
Springs Utilities (CSU) regarding projects like this. Ms. Sturdivant  
confirmed they do.  
Councilmember Avila stated this project is going on its tenth year and she  
is very supportive of moving it forward.  
24-008  
8.B.  
A Resolution Authorizing the Acquisition of a Permanent Easement of  
23,940 Square Feet and a Temporary Construction Easement of 61,969  
Square Feet from BNSF Railway and a Permanent Easement of 17,127  
Square Feet and a Temporary Construction Easement of 44,662 from  
Union Pacific with Funding from the Pikes Peak Rural Transportation  
Authority for the South Circle Drive Bridge Project  
Presenter:  
Gayle Sturdivant, PE, PMP, Acting Public Works Director/City Engineer  
Attachments: 1_Resolution_CircleBridgeEasement_20231222  
2_Resolution_ExhibitA  
3_Presentation_Circle Bridge Property Acquisitions  
Signed Resolution No. 02-24.pdf  
Gayle Sturdivant, Acting Public Works Director/City Engineer, presented  
the Resolution authorizing the acquisition of a permanent easement of  
23,940 square feet and a temporary construction easement of 61,969  
square feet from BNSF Railway and a permanent easement of 17,127  
square feet and a temporary construction easement of 44,662 from Union  
Pacific with funding from the Pikes Peak Rural Transportation Authority  
(PPRTA) for the South Circle Drive Bridge Project. She provided an  
overview of the vicinity map, BNSF Railway total areas/cost, Union Pacific  
total areas/cost, project site, BNSF and Union Pacific easements,  
rendering of the completed project, and next steps.  
Councilmember Henjum asked if this project would affect the Santa Fe  
Trail. Ms. Sturdivant stated there will be a temporary diversion of the trail  
during construction.  
24-001  
8.C.  
An Ordinance amending Ordinance No. 23-65 (2024 Budget  
Appropriation Ordinance) for a supplemental appropriation to the  
General Fund in the amount of $3,919,650 and to the Lodgers and Auto  
Rental Tax (LART) Fund in the amount of $828,478 for the refund of  
2022 fiscal year revenue above the 2022 fiscal year revenue and  
spending limitations (TABOR cap)  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Chris Fiandaca, City Budget Manager  
Attachments: LARTtaborRefund2024ORD-2023-12-4_ clean copy CAO review  
Chris Fiandaca, City Budget Manager, presented the Ordinance for a  
supplemental appropriation to the General Fund in the amount of  
$3,919,650 and to the Lodgers and Auto Rental Tax (LART) Fund in the  
amount of $828,478 for the refund of 2022 fiscal year revenue above the  
2022 fiscal year revenue and spending limitations, Taxpayers Bill of Rights  
(TABOR) cap.  
There were no comments on this item.  
24-017  
8.D.  
An Ordinance to repeal and reordain Article 25 (Removal and  
Impoundment of Vehicles) of Chapter 10 (Motor Vehicles and Traffic) of  
the Code of the City of Colorado Springs 2001, as amended, Pertaining  
to Impoundment Of Vehicles  
Presenter:  
Commander John Koch, Colorado Springs Police Department  
Jennifer Underwood, CSPD Evidence/Impound Manager  
Frederick Stein, Public Safety City Attorney  
Attachments: CSPD-ImpoundmentVehiclesORD-2023-10-09  
2024 Impound Ordinance City Council Powerpoint - UPDATED  
12062023 - JEU  
Commander John Koch, Colorado Springs Police Department (CSPD),  
presented the Ordinance, to repeal and reordain Article 25 (Removal and  
Impoundment of Vehicles) of Chapter 10 (Motor Vehicles and Traffic)  
pertaining to impoundment of vehicles. He provided an overview of the  
current City Code 10.25.101, proposed amendments, reasons behind the  
change, current impound information, implementation, and benefits.  
Councilmember Henjum asked if the amendments of City Code 10.25.104,  
10.25.105. and 10.25.106 are dependent on the amendment of City Code  
10.25.103. Commander Koch confirmed they are.  
President Helms asked if there would be any additional risk to the City  
regarding contracting with a third-party towing company and if any other  
jurisdictions who utilize them have had any issues. Commander Koch  
stated with the exception of Denver, CO, they have not heard of any issues  
from other jurisdictions.  
President Helms asked what the cost will be to utilize a third-party towing  
company. Commander Koch stated they will have more data after the  
first-year pilot program.  
President Helms asked if evidentiary vehicles will still be held in the City’s  
impound lot. Commander Koch confirmed they will.  
Councilmember Henjum asked how other City Departments can assist with  
the public notification process. Commander Koch stated it will be similar to  
what they did in September 2022 when they moved to an online process  
and will be very open with the public about the new process by providing  
notice in advance, the effective date, and they work very close with  
Neighborhood Services in messaging all of those things to the public.  
Councilmember Henjum asked how Neighborhood Services will get the  
messaging out to the public. Mitch Hammes, Neighborhood Services  
Manager, stated starting in March 2023, they have responded to  
complaints of abandoned vehicles, where there are no police issues  
present, by tracking down the owner, making contact through repeated  
phone calls, emails, or notes on the door, in order to get the owners to  
remove those vehicles. He stated since March of last year, they have  
handled roughly 2,500 complaints of abandoned vehicles and last week  
they only had about 40 complaints remaining.  
Councilmember Leinweber asked how the City is going to prevent  
unnecessarily towing vehicles which are not actually abandoned. Mr.  
Hammes stated that even though City Code states a vehicle may be towed  
after 72 hours, they do not take possession for approximately ten to fifteen  
days.  
Councilmember Avila asked how many vendors the City anticipates using.  
Commander Koch stated during the one-year pilot program, they will only  
use the current vendor CSPD uses for impound lot tows and they will work  
with the Office of the City Auditor regarding the contracting process.  
Councilmember Donelson asked if some apartment complexes hire their  
own towing companies to tow vehicles from their property. Commander  
Koch stated private property towing is not something the CSPD engages  
in.  
Councilmember Donelson asked if this Ordinance would sunset after the  
one-year pilot program. Commander Koch stated it would not sunset,  
CSPD would provide recommendations regarding the success of the  
program, and provide the option for CSPD to enter a contract with a private  
towing company for unclaimed vehicles.  
Councilmember Donelson asked if these proposed changes are due to the  
decision not to expand the impound lot. Commander Koch stated they are  
not.  
Councilmember Donelson asked if someone's car is stolen and then towed  
to the impound lot, if the owner of that car is required to pay fees for the  
towing. Jennifer Underwood Evidence Manager, CSPD, stated the fees  
are waived for the towing, impoundment, and the first five days of storage  
after the owner has been notified. Councilmember Donelson asked if the  
fees are also waived for evidentiary vehicles. Ms. Underwood confirmed  
they are.  
Councilmember Donelson asked if the current policy is that when a vehicle  
is sold at the end of the process and no one claims the vehicle, the balance  
of any of the proceeds is paid into the City’s General Fund. Commander  
Koch confirmed that is correct. Councilmember Donelson asked if this is a  
common practice among jurisdictions. Commander Koch stated they will  
research that information.  
Councilmember Donelson asked where the balance of proceeds will go  
after the third-party towing company sells the vehicle and after the fees  
have been paid. Commander Koch stated that will have to be outlined in  
the contract and the vast majority of vehicles that they currently sell through  
auction or those that are not sold and are sold for scrap, are sold for a very  
small amount of money and that is something that they would have to  
determine with the tow contractor as to how those monies are essentially  
dispersed. Councilmember Donelson asked once the City has reimbursed  
the tow contractor for the cost of towing and the cost of keeping it in their  
lot, why would they get to keep any of the profit money. Commander Koch  
stated those are the issues that would have to be discussed in the  
contracting. Councilmember Donelson stated he believes that language  
should be struck out. Commander Koch stated in many cases, the tow  
contractor may actually lose money on the sale cost of the vehicle and not  
recoup their costs of towing and storage.  
Councilmember Henjum asked, on behalf of a constituent, how a car  
parked for over 72 hours would be handled if it were being inhabited by  
someone who did not have a home. Mr. Hammes stated in a situation like  
that, Code Enforcement Officers advise them that the Code says 72 hours  
so they can move to the next block or somewhere else and Officers try to  
get them into touch with Springs Rescue Mission or the City’s Homeless  
Outreach Prevention Coordinator and stated the City is not going leave  
people on the side of the road while they tow their vehicle.  
Councilmember Henjum asked, on behalf of a constituent, if the City’s  
72-hour tow law conflicts with the State’s recently enacted 24-hour tow law.  
Frederick Stein, City Attorney’s Office, stated the 24-hour law applies to  
private property tows.  
Councilmember Talarico asked if the City Auditor’s Office will be providing  
support in executing and monitoring contract. Commander Koch confirmed  
they will.  
23-657  
8.E.  
Resolution Setting the Gas Cost Adjustment Effective January 15, 2024.  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Tristan Gearhart, Chief Planning and Finance Officer, Colorado Springs  
Utilities  
Attachments: 2 - 01-09-2024 CC Mtg-GCA Resolution  
3 - G Sheet 2.4 Rate Tbl - 24th Revised - Redline  
4 - G Sheet 2.4 Rate Tbl - 24th Revised - Final  
5 - Worksheet - GCA Calculation  
Signed Resolution No. 01-24.pdf  
Scott Shirola, Pricing and Rates Manager, Colorado Springs Utilities  
(CSU) presented the Resolution setting the Gas Cost Adjustment (GCA)  
effective January 15, 2024 and provided an overview natural gas prices as  
of December 14, 2023, GCA projections for December 2023, sample  
residential bill, seasonal residential bill impacts, and how customers can  
receive assistance.  
Councilmember Donelson highlighted that the seasonal residential winter  
utilities bill will drop approximately $100 per month.  
9. Items Under Study  
There were no Items Under Study.  
10. Councilmember Reports and Open Discussion  
Councilmember Leinweber, President Helms, and Councilmember  
Talarico stated they toured Safe Passage, a program which takes care of  
children who have experienced a traumatic experience.  
Councilmember Talarico stated Child Power is also doing some amazing  
work and offers three programs designed to empower children.  
Councilmember Donelson and President Helms thanked Congressman  
Doug Lamborn for his seventeen years of service and sacrifice to the  
community and Congressional District 5.  
Councilmember Avila stated she, Councilmember Leinweber, and  
Councilmember Henjum attended the Stop the Violence rally held at the  
Citadel Mall which illustrated how the community wants to be part of the  
solution. She stated she attended a community walk for an 85-year-old  
woman named Delores who was killed by a hit-and-run driver a few weeks  
ago.  
Councilmember Henjum stated the message of the Stop the Violence rally  
conveyed that the participants were not there to blame, but were there to  
take responsibility, be accountable, and be a part of the solution. She  
stated her number one goal with strategic planning for the coming year will  
be to revitalize the Citadel Mall.  
President Helms stated he, Councilmember Talarico, Colorado Governor  
Jared Polis, United States Senator John Hickenlooper, Mayor Yemi,  
Congressman Doug Lamborn, and the Under Secretary of Commerce  
attended the United States first economic development announcement  
about the expansion of Microchip in Colorado Springs on Thursday,  
January 4, 2024. He stated the Federal Government will be giving $90  
million in support to Microchip due to the Chips Act and the City will be  
gaining over $880 million in capital investment, over $97 million in building  
and improvements, over $7 million in furniture/fixtures, $776 million in  
machinery/equipment, and 400 additional jobs with the average wage of  
over $72,000 per year over the next six years.  
11. Adjourn  
There being no further business to come before City Council, President  
Helms adjourned the meeting at 12:25 PM.  
Sarah B. Johnson, City Clerk