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, August 7, 2023

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)

- Stratus IQ Channel 76 / 99 (Streaming)

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

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 Leinweber attended the meeting virtually.

2. Changes to Agenda

President Helms stated one of the three items for 9B.A. Closed Executive

Session will be moved to the beginning of the meeting. Consensus of City

Council agreed to this change on the agenda.

3. Regular Meeting Comments

President Helms requested items 4B.F. and 4B.G. be removed from the

August 8,2023 City Council meeting Consent Calendar. Consensus of City

Council agreed to these changes.

4. Review of Previous Meeting Minutes

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4.A.

City Council Work Session Meeting Minutes July 24, 2023

Presenter:

Sarah B. Johnson, City Clerk

Attachments: 7-24-23 City Council Work Session Meeting Minutes Final

Councilmember Donelson stated that the word “recused” was misspelled

as “reclused” on page three of the minutes. Sarah B. Johnson, City Clerk,

stated she will make that correction.

The minutes of the July 24, 2023 Work Session were approved as

amended by Consensus of City Council.

5. Presentations for General Information

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5.A.

Visit COS - 6-month Lodgers and Auto Rental Tax (LART) contract

update to City Council

Presenter:

Doug Price, President and CEO, Visit COS

Attachments: LART - 2023 Q1 & Q2 VCOS KPI Presentation

Doug Price, President and CEO, Visit COS, presented the six-month

Lodgers and Auto Rental Tax (LART) contract update which reflected

results through May 2023. He gave an overview of Lodging and Auto

Rental Tax (LART), Revenue per Available Room (RevPAR), group sales,

marketing, communications, partnership, visitor services, and 2023 key

performance indicators.

Councilmember Donelson asked if the rates of hotel rooms are going down

due to an increase in supply and requested a comparison of the number of

rooms between 2022 and 2023. Mr. Price confirmed there is an increase,

and he will provide that information.

Councilmember Talarico asked how much time it would take to plan for an

event like the World Jump Rope Championships event. Mr. Price stated

approximately two years.

President Helms asked if there is a way to measure their return of

investment on trade shows and social media. Mr. Price confirmed they do

measure the ROI on both and even though they do not do as many trade

shows, there is a positive outcome from both, and they will provide

additional information regarding their measurements on social media

outcomes.

6. Staff and Appointee Reports

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6.A.

New Board Member Orientation Video for City Council Appointed

Boards and Commissions

Presenter:

Emily Evans, City Council Administrator

Aiden Torres, Legislative Services Intern

Alex Ryden, Public Communications Specialist, City Council, introduced

Aiden Torres, Legislative Services Intern, who presented the New Board

Member Orientation Video for City Council appointed boards and

commissions.

Several councilmembers expressed appreciation for all the work which

went into this project.

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6.B.

Agenda Planner Review

Presenter:

Sarah B. Johnson, City Clerk

Attachments: Agenda Planner Review 8-7-23

Councilmember Donelson asked if items three and four which are listed on

the Agenda Planner under the Consent Calendar for the September 12,

2023 City Council meeting are quasi-judicial items. Ben Bolinger,

Legislative Counsel, City Attorney’s Office, stated in general, any zone

change is quasi-judicial and it is possible that it was not listed that way

because the hearing is not planned for that day.

7. Items for Introduction

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7.A.

A Resolution submitting to the registered qualified electors of the City of

Colorado Springs, Colorado, at the coordinated election conducted by

mail ballot to be held on Tuesday, November 7, 2023, the question of

retaining and spending $4,750,000 on acquiring property, planning,

constructing, and equipping a training facility for the Colorado Springs

Police Department, this amount being the estimated 2022 fiscal year

revenue above the 2022 fiscal year revenue and spending limitations, as

a voter approved revenue change; providing for the form of the ballot title

and text; providing for certain matters with respect to the election; and

providing the effective date of this resolution

Presenter:

Blessing Yemi Mobolade, Mayor

Adrian Vasquez, Police Chief

Charae McDaniel, Chief Financial Officer

Attachments: Final2023_CSPDAcademy_Retention_RES-08-18-23

Mayor Yemi introduced the Resolution submitting to the registered qualified

electors of the City at the coordinated election to be held on Tuesday,

November 7, 2023, the question of retaining and spending $4,750,000, this

amount being the estimated 2022 fiscal year revenue above the 2022

fiscal year revenue and spending limitations, for acquiring property,

planning, constructing, and equipping a training facility for the Colorado

Springs Police Department (CSPD). Mayor Yemi stated he is going to

continue to prioritize housing and this project will not take away from those

efforts, a vote for retention is a vote for public safety, public safety is the

number one top issue of priority of this community, this is a retention,

recruitment, and response time issue, one of the issues that that

contributes to that is our current facility is a limited, our residents are

trusting that we have the best trained and fully equipped Officers to get to

keep our City safe, the community needs a fully staffed Police Department

that is resourced to effectively and efficiently able to respond, new and

Sworn Officers are also asking for broader training opportunities and the

City must support them by providing them the tools that they need. He

stated while training matters, it also impacts the City’s ability to recruit new

Officers, retain them, and update critical skills in order to provide excellent

police services to our community.

Adrian Vasquez, Police Chief, CSPD, identified why training matters and

the need for Officers to also utilize medical procedures.

Mayor Yemi provided an overview of the need for ICAT training to

deescalate situations, behavioral health issues in the community, the

results of the Colorado Springs Police Protective Association 2022 Survey

given to first responders, and the results of the Transparency Matters

Assessment of CSPD Use of Force Survey, the community sentiment from

the Law Enforcement Transparency and Advisory Committee (LETAC),

residents, and diverse political viewpoints, identified the need for more

Officers and enhanced training opportunities.

Chief Vasquez went over the current facility issues/inadequacies, current

training needs, space constraints, interactive training limitations,

equipment storage, cafeteria, need for centralized supply, needs

assessment, and existing facility condition.

Charae McDaniel, Chief Financial Officer, identified the project phases

and options, funding components, new construction option, funding strategy

option, existing facility option, and proposed ballot language.

Councilmember Henjum stated she supports a new training facility and

asked if the proposed 65,000 square feet takes into account the growth of

the City thirty years from now. Chief Vasquez stated CSPD Commander

Jeff Strossner went to Arizona to assess their police training facility and

Councilmember Risley assisted with some projections on needed size so

they believe this project predicts out the way they plan on doing training for

quite some time and those needs will be met.

Councilmember Henjum asked how the City will remain being more

forward thinking in the future so we do noy get so behind the curve again

and if the City should be asking more from of the taxpayers, Mayor Yemi

stated funding is the heart of the question and in terms of how the City will

be expediting this process, this is what they are asking City in order to be

able to activate and make those decisions as soon as possible when the

opportunity comes, they are actively researching land and building options

so they are fully committed.

Councilmember Henjum asked what the percentage of reserves the City

can safely and comfortably tapping into for both the PSST and for the

General Fund. Ms. McDaniel stated they utilize the Government Finance

Officers Association guidelines for best practices for recommendations

and policies in which they recommend for a General Fund to be at two

months’ worth of operating expenditures that equates to 16.7% and the City

has developed, since the Great Recession, a target of twenty percent and

since it is fully based on sales tax collections, they monitor economic

conditions very carefully, and the recommendation between half a percent

and two percent of either fund would be very reasonable and would not risk

in any way the financial health of either one of them.

Councilmember Henjum asked how much of the City’s work on capital

improvements is done through bonding and financing. Ms. McDaniel stated

very few are done through bonding and financing and the majority of the

time, the City operates on a pay as you go basis for the projects identified

in any given year for the full amount of funding needed for a project and in

many cases if it cannot be accommodated in that one annual allocation or

budgeting, and most of the very large dollar capital projects are funded

through grants. Councilmember Henjum commented that the City counts on

the CSPD, and they need to count on us.

President Helms stated he absolutely supports a new training academy

matter, and he would like to see them start before the TABOR ballot

question is approved but he understands the need for collateral for

bonding. Ms. McDaniel stated the Real Estate Department has been

searching for property whether it is land, or an existing facility and the

police facility is the top of our priority, so they are moving forward. She

explained that there is a process to acquire either land or facility and

believes that either they would be able to bridge that time until such time as

the ballot was decided or it might take that long anyway,

President Helms stated citizens have asked him how the polling was done,

who did the polling, and who paid for the cost. Mayor Yemi stated it was not

paid by City funds whatsoever and it was paid for by a group of our

community members in support of public safety and he is not aware of how

much was spent since he was not involved in those efforts.

Councilmember Leinweber stated this is not just a City problem, it is a

nationwide problem and because of that recruitment and competition has

become an aspect of competing with other cities and states. Mayor Yemi

stated the City needs to start investing in some of the critical infrastructure

and a police academy if the City want to stay a world class city. Chief

Vasquez identified that recruiting and retention is not only a national

problem, but an international problem and providing Officers the enhanced

training they need to make critical and complex decisions.

Councilmember Donelson requested a copy of the polling results and who

paid for it. Mayor Yemi stated he will request for that to be sent to him.

Councilmember Donelson stated if the funding of this training Academy is

most important capital project and it is impacting public safety, they should

use reserves to pay for it and not do a TABOR retention. He stated the

important thing to remember about a TABOR retention, is it does raise the

base $4.75 million tax dollars and next year we get to keep that amount

without going back to the citizens and asking for it. Ms. McDaniel stated the

$4.75 million does not add to the amount upon which the City is able to

grow however the second part of the ballot question does reset the base to

the 2022 actual revenue which does include the amount that was over, but

they are not adding back in again to the calculation.

Councilmember Donelson stated it does impact tax because it increases

the amount of revenue the City is allowed to keep. Ms. McDaniel stated it

the question is accurate because it does not change the current rate of tax

or increase any tax. She stated the tax rate is the same, they are not

changing or proposing to change any tax rate nor are they proposing to

change anything that that tax rate applies to so the taxability, the rate, and

what it applies to is not in question, and they are not asking in any way to

have any tax rate changed or any tax policy changed. Councilmember

Donelson stated it is important to note that the City’s tax base will be

increased by $4.75 million which is the additional amount the City is

allowed to keep for every year after.

Councilmember Donelson asked if they have contacted the El Paso County

Sheriff’s Office and checked into coordinating with them to use facilities.

Mayor Yemi stated he has reached out to Sheriff Joseph Roybal to ignite

the conversation and there are limitations around regionalization. He stated

he believes in regionalization, but they have different needs regarding the

space such as the shooting range and things like that and they will be

looking at any potential opportunities though.

Councilmember Donelson asked if there have already been any bank loan

or Certificates of Participation (COP) issued. Ms. McDaniel stated they

have a combined COP that included the firing range, work at the Sertich

Ice Center, and a fire station which impacted the PSST Fund, and she will

provide additional information regarding a couple out of the General Fund.

Councilmember Donelson asked if they have used reserve fund in the past

eight years. Ms. McDaniel confirmed they have.

Councilmember Donelson recommended that citizens be allowed to make

the choice individually whether or not they want to keep their refund or

donate it.

Councilmember Henjum stated TABOR retention is a voter decided matter

and asked how much a taxpayer would receive if they voted against the

retention. Ms. McDaniel stated a residential CSU account holder would

receive a one-time payment for a little over $21.00.

Councilmember Leinweber stated the City has a lot of infrastructure which

are under served which include the CSPD, the parks system, the Colorado

Springs Fire Department (CSFD), and the mental health system and he

believes now is the time to start taking care of these needs throughout the

City.

Councilmember Donelson stated he supports the police, but he also

believes in transparency and this initiative is two separate issues which are

should we invest in the police Academy and whether the City has a TABOR

retention and raise the base so the next year the budget will be $4.75

million more just like what was done with the $37 million for fire mitigation

which the City did not have to ask for. Mayor Yemi stated the City’s aging

infrastructure and lack of infrastructure needed to keep up with the growth

of the City, which is really important to him, they will continue to be a

transparent government, residents are asking for better response time and

more Officers, so they need to ensure the City is recruiting and retaining

Officers and response times are improved no matter what it takes to get

there. He stated law enforcement Officers put their lives in harm's way for

us and the City needs to do everything it can to fund them.

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7.B.

A Resolution by City Council Rescinding Resolution No. 99-23 and

Adopting a New Resolution in Favor of the City of Fountain’s Request to

Join the Pikes Peak Rural Transportation Authority (PPRTA)

Presenter:

Travis Easton, P.E., Deputy Chief of Staff

Randy Helms, Councilor, PPRTA Board Chair

Attachments: RES_PPRTA Fountain_edit_Clean2

RES_PPRTA Fountain_edit_Redline

1_PPRTA Resolution for Fountain to Join PPRTA

2_Fountain Joining PPRTA Financial impact

3_Fountain Impact on PPRTA 3

5_Presentation on Fountain Joining PPRTA

Signed Resolution No. 99-23.pdf

Signed Resolution No. 113-23.pdf

President Helms stated the Resolution regarding the Town of City of

Fountain becoming a new member government of the Pikes Peak Rural

Transportation Authority (PPRTA) which was passed two weeks ago was

reviewed by PPRTA Attorney, Jennifer Ivey, who recommended that the

language “as is currently set forth in the enabling IGA” be added to the end

of section two.

Travis Easton, Deputy Chief of Staff, stated Ms. Ivey wanted to add another

reference to the establishing IGA in the last sentence to properly point to

the document that outlines the representation of the member government.

There were no comments on this item.

23-388

7.C.

A Resolution declaring the intent of the City of Colorado Springs,

Colorado to carry forward its 2023 allocation of private activity bonds

(PAB) for the purpose of constructing multi-family housing for low-and

middle-income families or persons

Presenter:

Katie Sunderlin, Senior Affordable Housing Coordinator, Housing and

Community Vitality Dept.

Steve Posey, Chief Housing Officer, Housing and Community Vitality

Department

Attachments: PAB Carryforward 2023_City Council(1)

2023 Colorado Springs Carryforward Resolution

Katie Sunderlin, Senior Affordable Housing Coordinator, Housing and

Community Vitality Department, presented the Resolution declaring the

intent of the City to carry forward its 2023 allocation of private activity

bonds (PAB) for the purpose of constructing multi-family housing for

low-and middle-income families or persons. She provided an overview of

the private activity bonds (PAB) 2023 allocations, available PAB, use, and

carryforward options, carryforward purposes, progress on previously

issued projects, and future issuance.

President Helms asked if there are other qualifying projects besides

housing. Ms. Sunderlin provided examples of other uses for PAB.

Councilmember Henjum expressed full support for the proposed projects.

Councilmember Donelson asked why Draper Commons went down from

two hundred eighty units to ninety-five units. Ms. Sunderlin stated it was due

to the developer experiencing some cost increases so instead of having a

large two hundred eighty-unit project they ended up splitting it into a

workforce housing project which does not have income restricted and a tax

credit project.

President Helms asked about crime in association with these projects. Ms.

Sunderlin stated she cannot speak regarding crime statistics, but these

projects do pay the full police and fire fees. Councilmember Donelson

asked if those types of questions should be asked at the land use hearing.

Ben Bolinger, Legislative Counsel, City Attorney’s Office, confirmed that

this item is only regarding the bonds, not the land use application.

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7.D.

A Resolution Approving An Economic Development Agreement

Between The City Of Colorado Springs And Meyer Burger

Presenter:

Bob Cope, Economic Development Officer

Shawna Lippert, Senior Economic Development Specialist

Attachments: Project Blanc Resolution

Project Blanc Economic Development Agreement clean 8-1-23

Project Blanc Work Session PP

Bob Cope, Economic Development Officer, presented the Resolution

approving an Economic Development Agreement (EDA) between the City

and Meyer Burger. He provided an overview of Project Blanc, the proposed

EDA, EDA requirements, ten-year expansion: economic impact, fiscal

impact, expansion: calculation of incentives, utility considerations, financial

safeguards, consistency with the City’s Strategic Plan, and staff

recommendation.

Councilmember Avila asked how many acre feet per year of water they

would use. Mr. Cope stated 1,640-acre feet. Councilmember Avila asked

how many homes that would provide water for. Councilmember Donelson

stated it is approximately three homes per acre foot. Natalie Watts,

Manager, Strategic Planning and Governance, Colorado Springs Utilities

(CSU), stated they will provide that information. President Helms stated it

would approximately 4,500 to 5,000 homes.

Councilmember Henjum asked they have looked holistically at the kinds of

industries and businesses the City is attracting from a strategic

perspective regarding water use and long-term needs. Mr. Cope confirmed

they are and not just water but all four utilities, there are huge federal and

state initiatives because they are trying to promote certain types of industry

such as green clean industry, solar panels, and chip manufacturing which

do use a lot of power and water and they are working closely with CSU

regarding these types of industries.

Councilmember Leinweber asked if non-potable water sources could be

used. Mr. Cope stated that conversation has been happening, but Meyer

Burger did not have time to plan for that approach.

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7.E.

An Ordinance of the Board of Directors of the Colorado Springs,

Briargate General Improvement District to approve the Dissolution of the

District

Presenter:

Charae McDaniel, Chief Financial Officer

Attachments: 01_GIDBriargateDissolutionORD-2023

CITYOFCSBRIARGATEGID-Tax-Map

Charae McDaniel, Chief Financial Officer, presented the Ordinance of the

Board of Directors of the Briargate General Improvement District to

approve the dissolution of the district. She provided a brief background of

the district, stated the bond debt of the district has been completely paid

off, and the public hearing and vote will be held at the August 22, 2023 City

Council meeting.

There were no comments on this item.

There were no Items Under Study.

8. Items Under Study

9. Executive Session

9A. Open

There was no Open Executive Session.

9B. Closed

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9B.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)(a), (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, discussing strategy for negotiations,

and instructing negotiators regarding: (1) a purchase of land by the

airport, and (2) two economic development agreements.

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: Closed Session Memo 8 7 2023

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, discussing strategy for negotiations, and instructing

negotiators regarding: (1) a purchase of land by the airport, and (2) two

economic development agreements.

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.

10. Councilmember Reports and Open Discussion

Councilmember Donelson recognized and remembered El Paso County

Sheriff's Office Deputy Andrew Peery who was also a U.S. Army veteran,

who was killed in the line of duty exactly one year ago today and the death