if you cannot see the Agenda below. - City of Colorado Springs

CITY OF COLORADO SPRINGS

City Council Agenda MEETING DATE: SEPTEMBER 10, 2013 TIME: 1:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE Page

1

CONSENT CALENDAR (SECOND PRESENTATION)

ITEMS

5-A-1 - 5-A-2

Pages

1-3

CONSENT CALENDAR (FIRST PRESENTATION)

ITEMS

5-8-1 - 5-8-6

Page

3

RECOGNITIONS

ITEM

6

Page

3

CITIZEN DISCUSSION

ITEM

7

CALLED UP ITEMS Page

4

UNFINISHED BUSINESS

ITEM

9

Pages

4-5

NEW BUSINESS

ITEMS

10 - 15

CITY COUNCIL WILL RECESS FROM 5:30 P.M. UNTIL 6:30 P.M. FOR DINNER

City Council meetings are broadcast live on Channel 18 the 2 nd and each month, beginning at 1 :00 p.m.

4th

Tuesdays of

For the agenda item number call: 385-5170

City Hall • Council Chambers • 107 North Nevada Avenue Mailing Address: Post Office Box 1575 • Colorado Springs, Colorado 80901-1575

CITY OF COLORADO SPRINGS To:

Members of City Council

From:

President Keith King

Subject:

Agenda for the City Council Meeting of September 10, 2013 - 1:00 P.M., Council Chambers, City Hall, 107 North Nevada Avenue.

1.

Call to Order.

2.

Invocation and Pledge of Allegiance.

3.

Changes to Agenda/Postponements.

4.

Councilmember Comments. CONSENT CALENDAR

5.

These items will be acted upon as a whole, unless a specific item is called for discussion by a Councilmember or a citizen wishing to address the City Council. (Any items called up for separate consideration shall be acted upon following the Mayor's Business.) SECOND PRESENTATION:

A-1 .

Ordinance No. 13-48 amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the Black Forest Fire Grant Fund in the amount of $263,116 and to the General Fund in the amount of $165,895 for the purpose of funding expenses associated with the Black Forest Fire. [second presentation] (Item No. 5-B-3C.C. Meeting - August 13, 2013) This item was postponed from City Council meeting of August 27,2013, Item No. 5-A-1. Recommendation: Pass ordinance on final presentation.

A-2.

Ordinance No. 13-54 amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the Capital Project Fund in the amount of $200,000 for the purpose of a traffic signal at Marksheffel Road and Dublin Boulevard. [second presentation] (Item No. 5-B-3 - C.C. Meeting - August 27,2013) Recommendation: Pass ordinance on final presentation. FIRST PRESENTATION:

B-1.

Approval of the Minutes of the regular Council Meeting of August 27, 2013.

B-2.

Appointments to various Boards and Commissions. See attached list.

1

CITY COUNCIL MEETING - SEPTEMBER 10, 2013

B-3.

A resolution approving the assignment of 2013 Private Activity Bond allocation to EI Paso County. (Economic Vitality - Bob Cope) See attached memorandum from the Senior Business Climate Specialist and copy of proposed resolution.

B-4.

AR APR 13-00302: Request by James W. Nakai, AlA on behalf of Gray Television, Inc. for approval of a resolution amending the Railroad Five Subdivision Filings No. 1 and No. 2. (Planning & Development - Peter Wysocki) DOWNTOWN REVIEW BOARD RECOMMENDATION:

Ite was moved by Board member Robertson, seconded by Board member Guy, to approve the petitioner's request subject to the technical modifications listed in the Downtown Review Board minutes. The motion carried 5-3. (Members Marchio, Gonzalez, and Hankins were opposed and Member Timura was absent.) (Item No.4 - DRB Meeting - July 31, 2013) See attached memorandum from the Planning and Development Director, and Senior Planner, copy of proposed resolution, and Review Board Minutes. B-5.

Powers Skilled Nursing Facility B-5A. CPC ZC 13-00063: (Quasi-Judicial Matter) Request by Hand L Architecture on behalf of High Valley Land Company, LLC to change the zone of 4.5 acres from A (Agricultural) to PBC (Planned Business Center). The property is located south of Briargate Parkway, east of Powers Boulevard and west of Grand Cordera Parkway. (Planning & Development - Peter Wysocki) PLANNING COMMISSION RECOMMENDATION:

It was moved by Commissioner Henninger, seconded by Commissioner Ham, to approve the petitioner's request. The motion unanimously carried. (Commissioner Walkowski was absent.) (Item: B.1 - CPC Meeting - August 15, 2013) See attached memorandum from the Planning and Development Director, and Senior Planner, copy of proposed ordinance, and Record-of-Decision. B-5B. CPC CU 13-00064: (Quasi-Judicial Matter) Request by Hand L Architecture on behalf of High Valley Land Company, LLC for a conditional use development plan to allow the Powers Skilled Nursing Facility in PBC (Planned Business Center) zone district. The facility is a temporary rehabilitation facility housing 80 beds, therapy spaces, dining room with kitchen, and administrative and support space. The property is located south of Briargate Parkway, east of Powers Boulevard and west of Grand Cordera Parkway. (Planning & Development - Peter Wysocki) 2

CITY COUNCIL MEETING - SEPTEMBER 10, 2013

PLANNING COMMISSION RECOMMENDATION:

It was moved by Commissioner Henninger, seconded by Commissioner Ham, to approve the petitioner's request subject to technical modifications listed in the Record-of-Decision. The motion unanimously carried. (Commissioner Walkowski was absent.) (Item: 8.2 - CPC Meeting - August 15, 2013) See memorandum and Record-of-Decision attached to Item No. 5-8-5A. 8-6.

Promontory Shops at Briargate 8-6A. CPC ZC 13-00067: (Quasi-Judicial Matter) Request by Intergroup Architects on behalf of Orix Prime West to change the zone of 2.79 acres from PIP-1Icr (Planned Industrial Park with conditions of record) to P8C (Planned 8usiness Center) located at the northeast corner of Chapel Hills Drive and Research Parkway. (Planning & Development - Peter Wysocki) PLANNING COMMISSION RECOMMENDATION:

It was moved by Commissioner Phillips, seconded by Commissioner Shonkwiler, to approve the petitioner's request. The motion unanimously carried. (Commissioner Walkowski was absent.) (Item: A.1 - CPC Meeting - August 15, 2013) See attached memorandum from the Planning and Development Director, and Senior Planner, copy of proposed ordinance, and Record-of-Decision. 8-68. CPC CP 13-00068: (Quasi-Judicial Matter) Request by Intergroup Architects on behalf of Orix Prime West for approval of the Promontory Shops at 8riargate Concept Plan that illustrates a one-lot commercial/retail development accommodating 17,000 to 22,000 square feet of commercial/retail type uses with associated parking for the property located at the northeast corner of Chapel Hills Drive and Research Parkway. (Planning & Development - Peter Wysocki) PLANNING COMMISSION RECOMMENDATION:

It was moved by Commissioner Phillips, seconded by Commissioner Shonkwiler, to approve the petitioner's request. The motion unanimously carried. (Commissioner Walkowski was absent.) (Item: A.2 - CPC Meeting - August 15, 2013) See memorandum and Record-of-Decision attached to Item No. 5-8-6A. 6.

Recognitions.

3

CITY COUNCIL MEETING - SEPTEMBER 10, 2013

7.

Citizen Discussion.

8.

Mayor's Business. 8A. Swearing in of the new Fire Chief. ITEMS CALLED OFF CONSENT CALENDAR

UTILITIES BUSINESS

UNFINISHED BUSINESS 9.

Ordinance No. 13-55 of the City of Colorado Springs, Colorado providing for the extension, betterment, other improvement and equipment of the City of Colorado Springs Utilities System; providing for the issuance and sale of the City of Colorado Springs, Colorado, Utilities System Improvement Revenue Bonds, Series 2013B-1 in an aggregate principal amount of not to exceed $65,000,000 and Series 2013B-2 in an aggregate principal amount of not to exceed $85,000,000 payable solely out of the net revenues to be derived from the operation of the City of Colorado Springs Utilities System; authorizing the execution by the City of a bond purchase agreement and an official statement; and providing other matters relating thereto. [second presentation] (Item No.9 - C.C. Meeting - August 27,2013) [8-1 vote] See attached ordinance. NEW BUSINESS

10.

A resolution to authorize the Colorado Springs Airport to submit an application to the Colorado Department of Transportation State Infrastructure Bank - Aviation Division for a loan in an amount not to exceed $10,000,000 to fund preapproved and future Passenger Facility Charge (PFC) projects and other anticipated capital projects. (Airport - Dan Gallagher) See attached memorandum from the Interim Director of Aviation and copy of proposed resolution.

11 .

An ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the Airport Capital Fund in the amount of $233,956 for the design and construction of a Premier Lounge at the Colorado Springs Airport. (Airport Dan Gallagher) See attached memorandum from the Interim Director of Aviation and copy of proposed ordinance.

4

CITY COUNCIL MEETING - SEPTEMBER 10,2013

12.

An ordinance approving the 2013 total compensation study results and the salary ranges for civilian and sworn personnel. (Human Resources - Mike Sullivan) See attached memorandum from Human Resources Director and copy of proposed ordinance.

13.

An ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for supplemental appropriations to multiple funds as stated to implement and results of the compensation study. (Finance - Kara Skinner) See attached copy of proposed ordinance.

14.

Approval of the Personnel Policies and Procedures Manuals (PPM). (Human Resources - Mike Sullivan) See attached copies of the PPM.

15.

A resolution approving the City Council's 2013 Strategic Plan pursuant to City Charter § 3-10(c) to provide for the future of the City and for the Mayo~s consideration in the development of the 2014 Municipal Administrative Budget. (Councilmembers Jill Gaebler and Joel Miller) See attached memorandum from Councilmembers Jill Gaebler, and Joel Miller, and copy of proposed resolution.

PUBLIC HEARING

16.

Added Item Agenda.

17.

Executive Session.

18.

Adjourn. Respectfully submitted,

Keith King City Council President

5

COLORADO SPRINGS, COLORADO CITY COUNCIL CHAMBERS CITY HALL – 107 N. NEVADA AVENUE AUGUST 27, 2013 – 1:00 P.M.

Council met in Regular Session. There were present: President King, President Pro Tem Bennett, Councilmembers Collins, Gaebler, Knight, Martin, Miller, Pico, and Snider. Also present, Chief of Staff Neumann and Legislative Counsel Massey. ----------0----------1.

Call to Order. City Clerk Johnson called the roll. All Councilmembers were present.

2.

Invocation and Pledge of Allegiance. The meeting was opened with an invocation by Pastor Danny Davis of the Westside First Wesleyan Church. Pledge of Allegiance was led by President King.

3.

Changes to Agenda/Postponements. There were no changes or postponements.

4.

Councilmember Comments. There were no Councilmember comments. CONSENT CALENDAR

5.

The following items were acted upon by unanimous consent of the members present, with the exception of Items A-1, B-2, B-3, and B-4 which were called up for separate consideration: SECOND PRESENTATION:

A-1.

See action taken later in the meeting.

A-2.

CPC ZC 13-00045: (Quasi-Judicial Matter): Ordinance No. 13-49 entitled: “An Ordinance amending the zoning map of the City of Colorado Springs relating to 2.8 acres located southwest of Marksheffel Road and Dublin Boulevard [from A/AO-CAD (Agricultural with Airport Overlay – Commercial Airport District) to PBC/AO-CAD (Planned Business Center with Airport Overlay – Commercial Airport District)]” was presented for final passage.

Item No. 5B1

CITY COUNCIL MEETING – AUGUST 27, 2013

A-3.

CPC PUZ 13-00046: (Quasi-Judicial Matter) Ordinance No. 13-50 entitled: “An Ordinance amending the zoning map of the City of Colorado Springs relating to 16.11 acres located southwest of Marksheffel Road and Dublin Boulevard [from A/AO-CAD (Agricultural with Airport Overlay – Commercial Airport District) to PUD/AO-CAD (Planned Unit Development: Single-Family Residential detached, density range of 3.5-7.99 dwelling units per acre, and a maximum height of 30 feet with Airport Overlay – Commercial Airport District)]” was presented for final passage.

A-4.

Ordinance No. 13-51 entitled: “An Ordinance amending Ordinance Nos. 00-154, 02-196, 04164, 05-111, 06-136, 06-137, 07-125, 07-126, 08-121, 09-108, 10-78 and 12-6 relating to Utilities System Revenue Bonds of the City; ratifying action heretofore taken relating to such Utilities Bonds; and providing other matters relating thereto” was presented for final passage. FIRST PRESENTATION:

B-1.

Approval of the Minutes of the regular Council Meeting of August 13, 2013 and the Special Called Session of August 8, 2013.

B-2.

See action taken later in the meeting.

B-3.

See action taken later in the meeting.

B-4.

See action taken later in the meeting.

B-5.

Resolution No 75-13 was presented: “A resolution granting permission to close consensual transaction for the acquisition of property for Southern Delivery System project improvements”.

B-6.

Ordinance No. 13-54 entitled: “An ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the Capital Project Fund in the amount of $200,000 for the purpose of a traffic signal at Marksheffel Road and Dublin Boulevard” was introduced and read.

B-7.

Resolution No. 76-13 was presented: “A resolution authorizing and ratifying the exercise of purchase option under that certain Lease Purchase Agreement between CitiCapital Municipal Finance, as Lessor, and the City of Colorado Springs, as Lessee, dated as of September 28, 2007; and authorizing the City of Colorado Springs to enter into a Ground Lease, as Lessor, with U.S. Bank National Association, as Lessee, and a Building Lease and Lease-Purchase Agreement, as Lessee, with U.S. Bank National Association as Lessor, with respect to the lease of certain real property.” Motion by Bennett, second by Pico, that all matters on the Consent Calendar with the exception of Items A-1, B-2, B-3, and B-4 be passed, adopted, and approved by unanimous consent of the members present. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None 2

CITY COUNCIL MEETING – AUGUST 27, 2013

The motion passed unanimously on a 9-0 vote. 6.

Recognitions. There were no recognitions.

7.

Citizen Discussion. Charles Barber spoke to his continuing concerns relative to infrastructure needs and stormwater issues at North Circle and Palmer Park. Councilmember Bennett asked Chief of Staff Neumann to review Mr. Barber’s concerns and report back to Council. Three young girls, Alexi, Alyssa, and Deven, spoke about almost being abducted from playing in their neighborhood and proposed a “Whistle Power” program for all children in the City. They also suggested using traffic cameras to look for the suspects when predatory offenses occur. Sue Spengler, and the Little School of Vermijo students, presented Citizen petitions against the proposed Kum n’ Go convenience station in Old Colorado City. (Legislative Counsel Massey cautioned Council on any ex parte communications on this matter. To her knowledge no application has been received on this item; however, she advised that the petitions and signatures given to the City Clerk by Ms. Spengler should be given directly to the Planning Department for their retention.) Kevin Reel spoke in support of the solar garden action. Whitney Galbraith spoke to eliminate obsolete ordinances. He drew attention to Ordinance 1048 relative to the Human Relations Commission. He requested more time to bring the topic forward for additional discussion. President King stated they will advise him of that opportunity at a later time.

8.

Mayor's Business. Speaking on behalf of the Mayor, Chief of Staff Neumann stated that the Mayor appreciated the time spent with Council earlier in the day and reiterated publically that he encourages the consideration of not only looking at stormwater funding options, but at all of the CIP listing, in particular roads, streets, and bridges, to be included in the recommendation from Council. ITEMS CALLED OFF CONSENT CALENDAR

A-1.

Ordinance No. 13-48 entitled: “An Ordinance amending Ordinance No. 12-108 (2013 Appropriation Ordinance) for a supplemental appropriation to the Black Forest Fire Grant Fund in the amount of $263,116 and to the General Fund in the amount of $165,895 for the purpose of funding expenses associated with the Black Forest Fire” was presented for final passage. Councilmember Collins called this item off Consent because she was concerned that there was a discrepancy in the original amount versus the amount listed in the supplemental. She would like to see more accountability on why we need more money. She also asked if it were 3

CITY COUNCIL MEETING – AUGUST 27, 2013 a state or a federal grant and requested more details. Ms. Neumann stated she did not anticipate these questions today. Since Councilmembers did not announce the item would be pulled off the Consent Calendar during yesterday’s Work Session, relevant staff was not currently present to answer the question. Ms. Neumann volunteered to reach out to staff to obtain an answer as soon as possible. Councilmember Collins stated she would like to table the item to obtain more information. President King asked whether there were a time restriction to be considered. Ms. Neumann agreed it could wait two weeks. Motion by Collins, second by Pico, to table Ordinance No. 13-48 until September 10th, 2013. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote. B-2.

Appointments to various Boards and Commissions. Councilmember Knight asked to have this item pulled because there were questions on the approval process for Utilities Policy Advisory Committee (UPAC) nominations. Motion by Knight, second by Pico, that the various appointments to Boards and Commissions be approved with the exception of the UPAC nominees. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote.

B-3.

The City Clerk reports that on May 30, 2013 there was filed with her a petition for the annexation of Dublin Towne Centre Annexation. She states that she has examined or caused to be examined the above mentioned petition and has determined that the petition is in substantial compliance with Section 31-12-107(1), C.R.S. The City Clerk herewith communicates such to the City Council and recommends that the petition be referred to the City Administration for review and recommendation. Councilmember Knight stated he will have some questions when the item comes back; specifically what is the financial impact for roads, infrastructure, tax bases, full lifecycle costs, if approved for annexation. Ms. Massey described that City Code, for annexation and for initial Master Plans, requires a fiscal impact report be prepared by the Finance Department and that the City also works with the County to take into account the impact of taking the property out of the County and incorporating it. She indicated these are all questions that are part of the annexation review and recommendation process, which is the next step after today’s action. 4

CITY COUNCIL MEETING – AUGUST 27, 2013 Motion by Knight, second by Bennett, that Council forward the request to City Administration to follow the required annexation process with the requested fiscal responsibility information provided when brought back to Council for further action. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote. B-4.

The City Clerk reports that on June 24, 2013 there was filed with her a petition for the annexation of Saddletree Village Annexation. She states that she has examined or caused to be examined the above mentioned petition and has determined that the petition is in substantial compliance with Section 31-12-107(1), C.R.S. The City Clerk herewith communicates such to the City Council and recommends that the petition be referred to the City Administration for review and recommendation. Motion by Knight, second by Bennett, that Council forward the request to City Administration to follow the required annexation process with the requested fiscal responsibility information provided when brought back to Council for further action. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote. UTILITIES BUSINESS

9.

Ordinance No. 13-55 entitled: “An ordinance of the City of Colorado Springs, Colorado providing for the extension, betterment, other improvement and equipment of the City of Colorado Springs Utilities System; providing for the issuance and sale of the City of Colorado Springs, Colorado, Utilities System Improvement Revenue Bonds, Series 2013B-1 in an aggregate principal amount of not to exceed $65,000,000 and Series 2013B-2 in an aggregate principal amount of not to exceed $85,000,000 payable solely out of the net revenues to be derived from the operation of the City of Colorado Springs Utilities System; authorizing the execution by the City of a bond purchase agreement and an official statement; and providing other matters relating thereto” was introduced and read. Dede Jones, Manager of Financial Services for Colorado Springs Utilities, described this as the first of two readings for the revenue bond. She described the financial details of the funding measure. Motion by Bennett, second by Pico, that the Ordinance be passed as introduced. Ayes: Bennett, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: Collins Absent: None 5

CITY COUNCIL MEETING – AUGUST 27, 2013

The motion passed on an 8-1 vote. 10.

Resolution 78-13 was presented: “A Resolution regarding certain changes to the Colorado Springs Utilities Electric Rate Schedules to implement the Community Solar Garden Program.” Utilities Division Attorney, Chris Bidlack, was present to answer any additional questions on the Resolution. There were no questions presented. Councilmembers Collins and Miller described their lack of support for the program. Motion by Gaebler, second by Martin, that the Resolution be adopted. Ayes: Bennett, Gaebler, Knight, Martin, Pico, Snider Noes: Collins, King, Miller Absent: None The motion passed on a 6-3 vote. UNFINISHED BUSINESS

11.

Ordinance No. 13-52 entitled: “An Ordinance of the City of Colorado Springs, Colorado approving and authorizing the execution and delivery of the revolving loan agreement between the City of Colorado Springs, Colorado and U.S. Bank National Association, the revolving loan agreement between the City and Keybank National Association and the revolving promissory notes of the City relating thereto; and providing other matters relating thereto” was presented for final passage. Dede Jones, Manager of Colorado Springs Utilities Financial Services, briefly described the background for the ordinance and was available to answer any questions. Councilmember Collins spoke against the ordinance. Motion by Bennett, second by Martin, that the Ordinance be finally passed. Ayes: Bennett, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: Collins Absent: None The motion passed on an 8-1vote.

12.

CPC ZC 13-00055: (Quasi-Judicial Matter) Ordinance No. 13-53 entitled: “An Ordinance amending the zoning map of the City of Colorado Springs relating to 1.38 acres located at 4940 Rusina Road, southeast of Elkton Drive and west of Rusina Road [from OC/CR/HS (Office Complex with conditions of record and Hillside Overlay) to PBC (Planned Business Center)]” was presented for final passage.

6

CITY COUNCIL MEETING – AUGUST 27, 2013

Motion by Gaebler, second by Pico, that the Ordinance be finally passed. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote. NEW BUSINESS 13.

Resolution No. 77-13 was presented: “A Resolution confirming recommended expenditures from the Lodgers and Automobile Rental Tax (LART) special fund for inclusion in the 2014 budget.” Doug Price, President/CEO of the Colorado Springs Convention and Visitors’ Bureau, reassured Council they plan to comply with the accountability standard by providing periodic reports for the 2/3rds LART fund allocation they receive. Councilmember Collins reaffirmed the expectation of Council going forward will be for accountability for all LART fund allocations. Motion by Martin, second by Collins, that the Resolution be adopted. Ayes: Bennett, Collins, Gaebler, King, Knight, Martin, Miller, Pico, Snider Noes: None Absent: None The motion passed unanimously on a 9-0 vote.

14.

Request by Tim Leigh for reimbursement of legal expenses per Resolution No. 41-13. Ms. Massey described the background for the request for reimbursement. She introduced Mr. Louie Larimer, Attorney representing the interest of former Councilmember Tim Leigh in an ethics violation charge. Councilmembers Bennett and Pico recused themselves from discussion and subsequent vote on this agenda item due to a conflict of interest. Mr. Larimer described his representation of Mr. Leigh and the current amount due to his firm of $2,778 for costs incurred in excess of the $10,000 limitation for representation of Mr. Leigh’s ethics violation charges. Councilmember Knight asked at what point in time Mr. Leigh’s fees exceeded the $10,000 limit. Mr. Larimer responded on May 23rd. Councilmember Gaebler requested more detailed information before agreeing to approve the additional costs. She expressed concern the action could be precedent setting. 7

CITY COUNCIL MEETING – AUGUST 27, 2013

Councilmember Miller stated that he supported the action to make up the difference. Motion by Miller, second by Collins, that the request be approved. Ayes: Collins, King, Martin, Miller, Snider Noes: Gaebler, Knight Absent (recused): Bennett, Pico The motion passed on a 5-2-2 vote. At 2:20 p.m., there being no further business to come before City Council, COUNCIL ADJOURNED

Sarah B. Johnson City Clerk

8

REGULAR MEETING AGENDA ITEM CONSENT REGULAR MEETING DATE: September 10, 2013 TO:

President Keith King and Members of City Council

FROM:

Dean Beukema, Administrative Assistant to Council

Subject Title:

Appointments to Boards and Commissions

AUDIT COMMITTEE This is a newly formed committee to assist City Council in fulfilling oversight responsibilities for the City’s financial reporting processes. The three vacancies were advertised and interviews were conducted by City Auditor Denny Nester and Councilmembers Jan Martin and Merv Bennett. They are recommending the appointments of Marvin Strait, Marvin Fiala and Bridget Toelle to the committee.

Marvin Strait Marvin Fiala Bridget Toelle

Appointment 10/1/13 10/1/13 10/1/13

Expiration 9/30/14 9/30/15 9/30/16

PIKES PEAK AREA COUNCIL OF GOVERNMENTS COMMUNITY ADVISORY COMMITTEE (PPACG CAC) Mike Schmidt and Greg Souder have both served two three-year terms and are term limited. The two vacancies were advertised and interviews were conducted by Councilmembers Andy Pico and Don Knight. They are recommending the appointments of Tamara Leffler and Ron Phelps to the committee.

Tamara Leffler Ron Phelps

Appointment 9/10/13 9/10/13

Expiration 5/31/16 5/31/16

REGIONAL BUILDING DEPARTMENT COMMITTEESS CITY/COUNTY MECHANICAL, ELECTRICAL AND PLUMBING (MEP) COMMITTEE) Daniel McCully, the architect on the (MEP) Committee has resigned as a Committee member because he has accepted a position at Regional Building. Regional Building Department is recommending Mr. Steer because he served as a past board member from the two Committees that were combined into the Mechanical/Electrical/Plumbing Committee (MEP). Mr. Steer would be the RBD’s choice for this position with the approval of City Council. Appointment

Expiration

Item No. 5B2

R. J. Steer, Architect (City)

9/10/13

3/01/16

UTILITIES POLICY ADVISORY COMMITTEE Terri Carver has resigned from the board leaving two years left on her three-year term. President Keith King and Councilmembers Don Knight and Andy Pico are recommending that 1st Alternate Erik Honaker fill her remaining term. They are also recommending that 2nd Alternate Joseph Mark be moved up from 2nd Alternate to 1st Alternate. The 2nd Alternate position will need to be advertised.

Erik Honaker, Financial/Business Joseph Mark, 1st Alternate

Appointment 9/10/13 9/10/13

Expiration 10/1/15 Indefinite

2

Regular Agenda Item Council Meeting Date: Month/Date/Year (e.g., July 25, 2012)

To:

President and Members of City Council

cc:

Mayor Steve Bach

Via:

Laura Neumann, Chief of Staff/Chief Administrative Officer

From:

Bob Cope, Senior Business Climate Specialist

Subject Title:

A RESOLUTION APPROVING THE ASSIGNMENT OF 2013 PRIVATE ACTIVITY BOND ALLOCATION TO EL PASO COUNTY

Summary: Each year, the City of Colorado Springs receives a State of Colorado allocation of Private Activity Bonds (PABs) and has four options: (1) use the allocation; (2) assign the unused PAB allocation to El Paso County; (3) return the unused portion of the allocation to the State of Colorado; or (4) carry forward the allocation for a specific purpose. For 2013, the City received $20,233,718 in PAB allocation. The City has until September 16, 2013 to determine how the annual PAB allocation will be used or the City’s allocation will automatically revert to the State. Historically, the City has assigned any unused portion of the City’s PAB allocation to El Paso County in order to retain the benefits of PABs in our area and to avoid returning the allocation to the State. In 2013, the City did not issue PAB funds for eligible projects. Executive Branch suggests that City Council approve the attached Resolution and Assignment to grant the remaining unused allocation to El Paso County. As indicated in the attached letter (Attachment I), El Paso County intends to carry forward this allocation for single or multi-family housing uses for up to three years, as allowed by Federal regulations. These housing projects have historically been the primary use for City and County PAB funds (Attachment II). With City Council approval of the attached Resolution and Assignment, the City’s 2013 unused PAB allocation of an amount equal to $20,233,718 will be assigned to El Paso County for future use towards single and multi-family mortgage revenue bond programs and/or other programs or projects approved in the Allocation Act. Previous Council Action: At its September 11, 2012 Formal meeting, City Council approved the assignment of the City’s remaining 2012 PAB allocation of $19,919,268 to El Paso County for single and multi-family mortgage revenue bond programs. In 2010, Colorado Springs Utilities used the City’s allocation of $22,018,495 toward financing the acquisition of the Front Range Power Plant. Background: Private Activity Bonds PABs are a form of tax-exempt financing in which the City acts as the issuer under the County and Municipality Development Revenue Bond Act, Section 29-3-101 CRS. Bonds issued by the City under 1

Item No. 5B3

this authority are special, limited obligations of the City payable solely from the revenues of the entity on whose behalf the City has issued the bonds. The advantage to qualifying entities that borrow through the City is that the borrowed funds are financed at lower interest rates because the bonds are exempt from federal and state income tax. There is no financial risk to the City since PAB financings do not constitute a debt or financial obligation of the City of Colorado Springs. Nationally, the most frequent uses of the PAB allocation are for single-family housing bonds, student loans, and multi-family housing projects. In Colorado counties and municipalities, housing and industrial development projects have been minimal and small issue or manufacturing uses are much less frequent. Over the years, the City has used its PAB allocation as an economic development tool offered to new or expanding manufacturing projects on a limited basis. Industrial Development Bonds (a form of PABs) are authorized to allow counties and municipalities to promote industry, develop trade or other economic activity by inducing for-profit and not-for-profit enterprises to locate, expand or remain in their communities. PAB Program Each year the City of Colorado Springs receives a PAB allocation from the State for tax-exempt financing of industrial, housing or other eligible projects. The City has until September 15 of each year to: (1) use or declare a use for its allocation for qualified projects; (2) assign its remaining allocation to El Paso County; (3) return it to the statewide balance; or (4) carry forward the allocation for a specific purpose. The County also has until September 15 of each year to declare a use for the allocation, otherwise the allocation is recaptured by the State for use elsewhere in Colorado. However, the County’s use declaration can be amended after the September 15 deadline should a different use be identified. Unused PAB Assignments Typically, the City has assigned any unused portion of the City’s PAB allocation to El Paso County to retain the benefits of the PABs in the Colorado Springs area and to avoid returning the allocation to the State. The County has historically used the assignment for various housing purposes when no other qualifying projects have surfaced that the City or County could act upon in a timely manner. Financial Implications: There is no financial risk to the City since PAB financings do not constitute a debt or financial obligation of the City of Colorado Springs. Board/Commission Recommendation: N/A Stakeholder Process: N/A Alternative: 1. City Council may assign the City’s unused 2013 PAB allocation to El Paso County. 2. City Council may choose not to assign the City’s unused 2013 PAB allocation to El Paso County, which necessitates returning the unused allocation to the State of Colorado. Recommendation: Executive Branch suggests approval of the unused 2013 PAB assignment to El Paso County. Proposed Motion: Move approval of the attached Resolution assigning the $20,233,718 unused City of Colorado Springs’ 2013 Private Activity Bond allocation to El Paso County for projects allowed under the Allocation Act. c:

Bob Cope, Senior Business Climate Specialist

Attachments: (examples below) − A Resolution Approving the Assignment of 2013 Private Activity Bond Allocation to El Paso County − Attachment I (Letter of request from El Paso County) 2

−

Attachment II (Colorado Springs and El Paso County Historical Private Activity Bond Volume Cap Usage)

3

RESOLUTION NO. ________ - 13 A RESOLUTION APPROVING THE ASSIGNMENT OF 2013 PRIVATE ACTIVITY BOND ALLOCATION TO EL PASO COUNTY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS: Section 1. The City Council hereby finds that it is in the best interest of the City of Colorado Springs to assign the City of Colorado Springs’ 2013 Private Activity Bond Allocation to El Paso County. Section 2. The Mayor is authorized to execute the Assignment agreement by and between the City of Colorado Springs and El Paso County in substantially the same form as attached hereto as Exhibit A. 2013.

DATED at Colorado Springs, Colorado, this ______ day of _______________

_____________________________________ Keith King, Council President ATTEST:

Sarah B. Johnson, City Clerk

EXHIBIT A

ASSIGNMENT THIS ASSIGNMENT (the “Assignment”), dated this ____ day of ____________, 2013, is by and between the CITY OF COLORADO SPRINGS, COLORADO, a home rule city, municipal corporation and political subdivision of the State of Colorado (the “Assignor”), and EL PASO COUNTY, COLORADO, a body corporate and politic (the “Assignee”); WITNESSETH: WHEREAS, the Assignor has been awarded $20,233,718 (the “2013 Allocation”) of the private activity bond ceiling for the State of Colorado and its issuing authorities (the “State Ceiling”) computed under Section 146(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and under the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to assign to the Assignee, and the Assignee desires to accept, all of the Assignor’s 2013 Allocation, which the Assignor has committed and reserved for the issuance of such private activity bonds; and WHEREAS, the private activity bonds will be issued by the Assignee pursuant to the County and Municipality Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado Revised Statutes, as amended (the “Act”), and such bonds will be used only for affordable housing purposes which qualify as a “project” as described in the Act; NOW THEREFORE, in exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. In accordance with action taken by the City Council of Colorado Springs, Colorado on September 10, 2013, the Assignor hereby assigns and transfers to the Assignee all of the 2013 Allocation (the “Assigned Amount”). The Assignee agrees to use the Assigned Amount only for affordable housing purposes. In addition, the Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat the Assigned Amount as an allocation for a project with a carryforward purpose, thus avoiding reversion of the Assigned Amount to the statewide balance under the Allocation Act, or to assign the Assigned Amount or a portion thereof to another Assignee. Section 2. The Assignor represents that it has received no monetary consideration for the assignment set forth above. Section 3. The Assignee hereby accepts the assignment of all of the Assignor’s 2013 Allocation from the State Ceiling described above, subject to the terms and conditions contained herein.

1

Section 4. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Agreement, including but not limited to the Assignee filing an IRS Form 8328 “Carryforward Election of Unused Private Activity Bond Volume Cap” with respect to the Assigned Amount. Section 5.

This Assignment is effective upon execution and is irrevocable.

IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF COLORADO SPRINGS, COLORADO, as Assignor

By Its: Mayor [SEAL] ATTEST

Its: City Clerk EL PASO COUNTY, COLORADO, as Assignee

By Its: Chair, Board of County Commissioners [SEAL] ATTEST

Its: Deputy County Clerk

2

ATTACHMENT I

ATTACHMENT I

ATTACHMENT II

FORMAL AGENDA ITEM COUNCIL MEETING DATE: September 10, 2013 TO:

President and Members of City Council

CC:

Mayor Steve Bach

VIA:

Laura Neumann, Chief of Staff/Chief Administrative Officer

FROM:

Peter Wysocki, Planning and Development Director Ryan Tefertiller, Senior Planner

Subject Title:

Amendment to Plat Restriction for the Railroad Five Subdivision Filings No. 1 and No. 2

SUMMARY: This is a request by James W. Nakai, AIA on behalf of Gray Television, Inc. for approval of two amendments to plat restrictions for the tract of land addressed as 513 E. Colorado Ave., which is located on the southwest corner of E. Colorado Ave. and the alley just east of S. Corona St. The application proposes to amend notes found on the Railroad Five Subdivision Filing Numbers 1 and 2 that restrict the use of the subject property to parking use only. The property is 5,600 square feet in size, is zoned FBZT1 (Form-Based Zone – Transition Sector 1), and is located southeast of E. Colorado Ave. and S. Corona St. PREVIOUS COUNCIL ACTION: None BACKGROUND: This application was submitted to allow roughly half of the subject property to be used for five large satellite dishes which will serve the adjacent property at 520 E. Colorado Ave. The remainder of the subject property will continue to be used for parking purposes. At their July 31, 2013 meeting, the Downtown Review Board approved a development plan allowing the construction of the proposed dishes. However, before building permits can be issued, notes on the Railroad Five Subdivision plat Filings No. 1 and 2 must be modified by Council resolution to allow for uses other than parking. The attached staff report and draft minutes of the Downtown Review Board public hearing describes the history of the property as well as the proposed redevelopment of the property. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: Since this property is located within the downtown Form Based Zone, it required review by the Downtown Review Board, not City Planning Commission. At their July 31, 2013 meeting, the Downtown Review Board approved a development plan allowing the proposed redevelopment of the subject property. 1

Item No. 5B4

STAKEHOLDER PROCESS: Thirty-one (31) surrounding property owners within 500 feet of the subject property were notified of the proposal shortly after the application was submitted. Additionally, staff presented the project to the Downtown Partnership’s Development Committee. Staff has received one formal comment in response to the notification. All applicable City agencies and departments were asked to review and comment, and all concerns were incorporated into the required modifications listed at the conclusion of the report for the Downtown Review Board. ALTERNATIVES: 1. Approve the resolution to amend the plat restrictions. 2. Deny the resolution to amend the plat restrictions. 3. Refer the matter back to staff for further consideration. RECOMMENDATION: Approve the resolution to amend the plat restrictions allowing uses in addition to parking on Tract A of the Railroad Five Subdivision Filing Number 1. PROPOSED MOTION: FILE NO. AR APR 13-00302 – AMENDMENT TO PLAT RESTRICTIONS Approve the attached resolution amending the plat restrictions on the Railroad Five Subdivision Filing Numbers 1 and 2 allowing uses in addition to parking on Tract A of the Railroad Five Subdivision Filing Number 1 based on the finding that the request complies with the criteria in Section 7.7.503 of the City Code. c:

AR APR 13-00302

Attachments: − A resolution amending Note 7 for Railroad Five Subdivision Filing No. 1 and Note 6 for Railroad Five Subdivision Filing No. 2 − Exhibit A - Modified Railroad Five Subdivision Filing Numbers 1 and 2 − Development Application Review Criteria − Minutes from the July 31, 2013 meeting of the Downtown Review Board − Downtown Review Board Agenda report

2

RESOLUTION NO. _________-13 A RESOLUTION AMENDING NOTE 7 FOR RAILROAD FIVE SUBDIVISION FILING NO. 1 AND NOTE 6 FOR RAILROAD FIVE SUBDIVISION FILING NO. 2 WHEREAS, Tract A, Railroad Five Subdivision Filing No. 1, located at 513 E. Colorado Avenue, provides parking for Lot 2, Railroad Five Subdivision Filing No. 2; and WHEREAS, the Railroad Five Subdivision Filing No. 1, and the Railroad Five Subdivision Filing No. 2 plats both contain notes restricting the use of Tract A Railroad Five Subdivision Filing No. 1 to parking purposes; and WHEREAS, the adoption of the Downtown Form-Based Zone in 2009 reduced the number of parking stalls required for Lot 2, Railroad Five Subdivision Filing No. 2; and WHEREAS, a form-based development plan was approved by the Downtown Review Board on July 31, 2013 illustrating the western half of Tract A, Railroad Five Subdivision Filing No. 1 being used for satellite dishes retaining the east half for parking; and WHEREAS, Railroad Five Subdivision Filing No. 1 Note 7 is being amended to allow that portion of Tract A, Railroad Five Subdivision Filing No. 1 that is not needed for parking associated with Lot 2, Railroad Five Subdivision Filing No. 2 to be utilized for uses accessory to the principal use of Lot 2, Railroad Five Subdivision Filing No. 2; and WHEREAS, Railroad Five Subdivision Filing No. 2 Note 6 is being amended to allow that portion of Tract A, Railroad Five Subdivision Filing No. 1 that is not needed for parking associated with Lot 2, Railroad Five Subdivision Filing No. 2 to be utilized for uses accessory to the principal use of Lot 2, Railroad Five Subdivision Filing No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS: Section 1. City Council finds that the Railroad Five Subdivision Filing No. 1 be modified to delete Note 7 and replace with a new Note 7 to read as follows: “Tract A of Railroad Five Subdivision Filing No. 1 is to be used to meet parking requirements for Lot 2, Railroad Five Subdivision Filing No. 2. That part of Tract A that is not needed to meet parking requirements for Lot 2, Railroad Five Subdivision Filing No. 2, may be used for uses accessory to the principal use of Lot 2, Railroad Five Subdivision Filing No. 2.” Section 2. City Council finds that the Railroad Five Subdivision Filing No. 2 be modified to delete Note 6 and replace with a new Note 6 to read as follows: “Tract A of Railroad Five Subdivision Filing No. 1 is to be used to meet parking requirements for Lot 2, Railroad Five Subdivision Filing No. 2. That part of Tract A that is not needed to

meet parking requirements for Lot 2, Railroad Five Subdivision Filing No. 2, may be used for uses accessory to the principal use of Lot 2, Railroad Five Subdivision Filing No. 2.” DATED at Colorado Springs, Colorado, this

___ day of

_________ 2013.

____________________________ Keith King, Council President ATTEST:

Sarah B. Johnson, City Clerk AR APR 13-00302 / rt

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