1_Stetson Ridge - Location Map

This Resolution was adopted on the Consent Calendar.

25-271

4B.E.

A Resolution authorizing the use of a Possession and Use Agreement

and Eminent Domain to acquire Real Property, Permanent Easements,

and Temporary Construction Easements, on Real Property owned by

Wal-Mart Real Estate Business Trust using PPRTA funds for the

Marksheffel Road Improvements - Woodmen Road to North Carefree

Circle Project

Presenter:

Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director

Kellie Billingsley, Real Estate Services Manager

Attachments: 1_Walmart - Location map

2_Walmart - Resolution

3_Walmart - Exhibit A-1

4_Walmart - Exhibit A-2

5_Walmart - Exhibit A-3

6_Walmart - Exhibit A-4

7_Walmart - Presentation

Signed Resolution No. 78-25.pdf

This Resolution was adopted on the Consent Calendar.

25-299

4B.F.

A Resolution authorizing the use of a Possession and Use Agreement

and Eminent Domain to acquire Real Property and Temporary

Construction Easements, on Real Property owned by PRD Real Estate

LLC, using PPRTA funds for the Marksheffel Road Improvements -

Woodmen Road to North Carefree Circle Project

Presenter:

Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director

Kellie Billingsley, Real Estate Services Manager

Attachments: 1_PRD - Location Map

Signed Resolution No. 79-25.pdf

This Resolution was adopted on the Consent Calendar.

25-306

4B.I.

A Resolution Setting the Gas Cost Adjustment and Gas Capacity

Charge Rates Effective July 1, 2025

Presenter:

Travas Deal, Chief Executive Officer, Colorado Springs Utilities

Tristan Gearhart, Chief Planning and Finance Officer, Colorado Springs

Utilities

5. Recognitions

25-325

5.A.

A Resolution celebrating July 4, 2025 as Independence Day

Presenter:

Kimberly Gold, Councilmember District 4

Roland Rainey, Councilmember District 6

Attachments: Independence Day

Signed Resolution No. 83-25.pdf

Councilmember Gold and Councilmember Rainey read the Resolution

celebrating July 4, 2025 as Independence Day.

Nathan Newbrough, Colorado Springs Philharmonic, and Emma Pirzadeh,

Event Manager, Colorado Springs Sports Corporation, identified the

Fourth of July concert and fireworks event scheduled in honor of

Independence Day.

Councilmember Henjum stated it is important to recognize freedom for all

people.

Councilmember Donelson encouraged everyone to read the Declaration of

Independence.

Councilmember Bailey provided a brief history of the Declaration of

Independence and how people came together for the greater good.

Motion by Councilmember Henjum, seconded by Councilmember Rainey Jr., that

the Resolution Resolution celebrating July 4, 2025 as Independence Day be

adopted. The motion passed by a vote of 9-0-0-0

9 -

Aye:

Bailey, Crow-Iverson, Donelson, Gold, Henjum, Leinweber, Rainey Jr., Risley, and

Williams

25-297

5.B.

A Resolution Designating July as National Park and Recreation Month

Presenter:

David Leinweber, Councilmember At-Large

Britt I Haley - Parks, Recreation and Cultural Services Director

Attachments: Park and Rec Month Resolution 2025

Signed Resolution No. 84-25.pdf

Councilmember Leinweber spoke about the importance of people getting

outside and read the Resolution Designating July as National Park and

Recreation Month.

Britt Haley, Director, Parks, Recreation and Cultural Services, provided a

brief history of National Park and Recreation Month, identified this year is

the fortieth anniversary of nationally recognizing it, this year’s theme of

“Build Together, Play Together”, some of the events and activities

scheduled for the month of July 2025 to commemorate National Park and

Recreation Month, and expressed appreciation for the members of the

parks system staff, volunteers, and the support of City Council.

Councilmember Leinweber expressed appreciation for Ms. Haley’s

leadership.

Councilmember Henjum and Ms. Haley encouraged people to participated

in the community meetings for the Parks Master Plan.

Councilmember Gold expressed appreciation for the approximately five

thousand park system volunteers.

Motion by Councilmember Gold, seconded by Councilmember Rainey Jr., that

the Resolution to designate July as Park and Recreation Month be adopted. The

motion passed by a vote of 9-0-0-0

9 -

Aye:

Bailey, Crow-Iverson, Donelson, Gold, Henjum, Leinweber, Rainey Jr., Risley, and

Williams

25-280

5.C.

A Resolution of Appreciation of Patrick Gentile, Golf Course

Superintendent, Parks, Recreation and Cultural Services for their 30

years of service to the City of Colorado Springs.

Presenter:

Kim King, Assistant Parks, Recreation and Cultural Services Director.

Attachments: Retiree Resolution Patrick Gentile

Signed Resolution No. 85-25.pdf

Kim King, Assistant Parks, Recreation and Cultural Services, presented

the Resolution of Appreciation of Patrick Gentile, Golf Course

Superintendent, Parks, Recreation and Cultural Services for their thirty

years of service to the City.

Mr. Gentile expressed appreciation for the opportunities he had been given

with the City and the amazing team he was able to work with.

Councilmember Williams and Councilmember Donelson expressed

gratitude for Mr. Gentile’s thirty years of service to the City.

Motion by Councilmember Henjum, seconded by Councilmember Rainey Jr., that

the Resolution of appreciation of Patrick Gentile, Golf Course Superintendent,

Parks, Recreation and Cultural Services for their 30 years of service to the City of

Colorado Springs be adopted. The motion passed by a vote of 9-0-0-0

9 -

Aye:

Bailey, Crow-Iverson, Donelson, Gold, Henjum, Leinweber, Rainey Jr., Risley, and

Williams

25-323

5.D.

City Council Appointments to Boards, Commissions, and Committees

Presenter:

Lynette Crow-Iverson, Council President and Councilmember At-Large

Attachments: 06242025 Boards Commissions and Committees Appointment

06242025 Downtown BID board Packet

President Crow-Iverson presented the City Council Appointments to

Boards, Commissions, and Committees.

Councilmember Williams expressed appreciation for the nominees who

wish to serve the City.

Motion by Councilmember Bailey, seconded by Councilmember Williams, that

the City Council Appointments to Boards, Commissions, and Committees be

approved. The motion passed by a vote of 9-0-0-0

9 -

Aye:

Bailey, Crow-Iverson, Donelson, Gold, Henjum, Leinweber, Rainey Jr., Risley, and

Williams

6. Mayor's Business

25-346

6.A.

2025/2026 City Budget Update

Presenter:

Jen Vance, Budget Manager, Finance Department

Attachments: 2025-2026 Budget Update_06.24.25

Jen Vance, Budget Manager, Finance Department, presented the

2025/2026 City budget update and went over General Fund revenue, sales

tax revenue 2023-2025, 2026 General Fund considerations, general fund

reserves, and key dates.

Jamie Fabos, Chief of Staff, recognized the hard work of the Finance

Department, and stated the City Budget is a collaborative process

between the Administration and City Council and wanted to make everyone

aware of the City’s potential $11.5 million shortfall.

Councilmember Henjum stated she believes the City needs to work

together in order to meet the challenges the community will be facing.

Councilmember Donelson asked what the consideration for 9-1-1 call

center staffing is. Ms. Fabos stated their objective is to add more people to

dispatch. Councilmember Donelson stated they are already having trouble

filling those positions so adding more positions to fill may not be the best

solution. Ms. Fabos stated they are currently staffed at ninety-three percent

in the call center.

7. Items Called Off Consent Calendar

25-304

4B.G.

Ordinance No. 25-59 Amending Section 108 (Special Fund Created) Of

Article 13 (Retail Marijuana Sales Tax) Of Chapter 2 (Business

Licensing, Liquor Regulation And Taxation) Of The Code Of The City Of

Colorado Springs 2001, As Amended, Pertaining To Expenditures Of

The Special Fund

Presenter:

Michael Montgomery, Deputy City Council Administrator

Lynette Crow-Iverson, Council President

Attachments: SalesTax-SpecialFundsMarijuana-ORD-2025-05-29-clean

Councilmember Henjum requested additional information regarding why

this item was pulled from the Consent Calendar. Councilmember Gold

stated it is because she does not agree with all of the language included in

the Ordinance.

Jamie Fabos, Chief of Staff, stated this Ordinance speaks to the $1.4

million in retail marijuana sales tax revenue the City is expecting to receive

and the community’s needs in public safety.

Councilmember Henjum stated she is not in favor of spending the revenue

outside of the City of Colorado Springs because there are much needed

programs which need funding within the community.

Councilmember Bailey stated the language of Ballot Question 300 very

specifically identified how the funds would be used, and he does not

support using the money outside of those specifications to cover other

areas due to a budget deficit.

Councilmember Donelson asked if this Ordinance would require the City to

continue to solicit grant applications every year. Marc Smith, Deputy City

Attorney, City Attorney’s Office, stated they are authorized to do it, but not

required.

Councilmember Gold stated she does not support the grant section of the

proposed Ordinance because she believes it will add more bureaucratic

red tape to solving problems.

Councilmember Gold requested additional information regarding the public

safety needs of the City. Jamie McConnellogue, Deputy Chief, Colorado

Springs Fire Department (CSPD), stated the Community and Public Health

Division, which is currently funded by the General Fund and grants, is

currently experiencing vacancies for ten positions due to the lack of grant

funding, and the Homeless Outreach Team Program and the Alternate

Response Team are at risk due to the budget constraints. Mary Rosenoff,

Deputy Chief, Colorado Springs Police Department, spoke about the

importance of public safety through staffing and technology.

Councilmember Rainey stated public safety is at the forefront of what is

important to him, technology is definitely a tool which should be utilized, and

the City needs to recognize the growth of the City and recruit Officers

based on that growth.

Councilmember Bailey stated this grant application process does not have

to be complicated and it could consider very specific things which benefit

the City and would allow the City to prioritize the City’s needs while also

allowing City Council to still have input as to where the money goes.

President Pro Tem Risley stated the intent of this Ordinance is to codify

what was in the citizen initiative which included the three fund buckets in

which the revenue would go into, and he will be supporting it.

Councilmember Donelson asked if this Ordinance is necessary or can City

Council simply continue to make recommendations to the Mayor. Mr. Smith

stated there is not a requirement to establish this grant program and

recommendations can be made through the budget process.

Motion by Councilmember Risley, seconded by Councilmember Williams, that

the Ordinance amending Section 108 (Special Fund Created) of Article 13 (Retail

Marijuana Sales Tax) of Chapter 2 (Business Licensing, Liquor Regulation And

Taxation) of the Code of the City of Colorado Springs 2001, as amended,

pertaining to expenditures of the Special Fund be approved on first reading. The

motion passed by a vote of 6-3-0-0

6 - Bailey, Crow-Iverson, Leinweber, Rainey Jr., Risley, and Williams

3 - Donelson, Gold, and Henjum

Aye:

No:

4B.H. ANEX-23-00 A resolution finding a petition for annexation of the area known as PTAA

27R

Addition No. 1 Annexation consisting of 14.12 acres to be in substantial

compliance with section 31-12-107(1), C.R.S. and setting a hearing date

of August 12, 2025, for the Colorado Springs City Council to consider

the annexation of the area.

The property is located adjacent to Council District 6.

(Legislative)

Presenter:

Chris Sullivan, Senior Planner, City Planning Department

Kevin Walker, City Planning Department Director

Attachments: Resolution Setting Hearing Date - PTAA

Exhibit A - PTAA Petition

EXHIBIT 12B - City Clerk Affidavit - PTAA Addition No. 1

EXHIBIT 12C - Surveyor Affidavit - PTAA Addition No. 1 Annexation

Legal Description

Memo to Advertise - PTAA

Public Notice - PTAA

Vicinity Map

Signed Resolution No. 80-25.pdf

Councilmember Risley stated his architectural firm is the firm of record for

this project and while he believes he could be fair and impartial in his

decision making, he is recusing himself from the vote to avoid any

perception of impropriety.

Motion by Councilmember Bailey, seconded by Councilmember Henjum, that the

Resolution finding a petition for annexation of the area known as PTAA Addition

No. 1 Annexation consisting of 14.12 acres to be in substantial compliance with

section 31-12-107(1), C.R.S. and setting a hearing date of August 12, 2025, for the

Colorado Springs City Council to consider the annexation of the area be

adopted. The motion passed by a vote of 8-0-0-1

8 - Bailey, Crow-Iverson, Donelson, Gold, Henjum, Leinweber, Rainey Jr., and Williams

1 - Risley

Aye:

Recused:

8. Utilities Business

There was no Utilities Business.

9. Unfinished Business

There was no Unfinished Business.

10. New Business

10.A. CODE-25-00 An Ordinance amending Chapter 7 (the “Unified Development Code” or

“UDC”) of the Code of the City of Colorado Springs 2001, as amended,

as related to minimum parking requirements in applicable transit service

areas.

Presenter:

Michael Montgomery, Deputy City Council Administrator

Attachments:

Staff Report - Minumum Parking Requirements in Applicable

TSAs_JPM

Attachment 1 - Ordinance

Attachment 2 - HB24-1304

Attachment 3 - Map

Attachment 4 - DOLA Technical Guidance

Attachment 6 - Home Rule Resolution by City Council 5-27-2025

Michael Montgomery, Deputy City Council Administrator, presented the

Ordinance amending City Code as related to minimum parking

requirements in applicable transit service areas. He stated this addition of

a newly proposed parking exempt area that directly references the bills

applicability and limitations is being proposed in response to

state-mandated legislation, House Bill 24-1304 (HB24-1304), which

mandates that a municipality shall neither enact nor enforce local laws that

establish a minimum parking requirement that applies to a land use

approval within the municipality’s boundary for a multifamily residential

development located at least partially within an applicable transit service

area by June 30, 2025 and presented a map of where the minimum

parking requirements would apply.

Councilmember Henjum asked why Mr. Montgomery is presenting this

item. Mr. Montgomery explained that it was requested by Council

leadership because it is an expedited Ordinance which was denied by the

Planning Commission.

Councilmember Bailey asked who proposed the Ordinance. Mr.

Montgomery stated it was brought forward by the Planning Department to

be in line with the state legislation. Jamie Fabos, Chief of Staff, stated

because it was denied by the Planning Commission and the time

consideration, the Planning Director decided to rework the Ordinance, but

City Council Administration requested it be brought before Council today.

Councilmember Henjum stated she will not be supporting something that

the Administration is not ready to enforce.

Councilmember Bailey asked if the Administration is not concerned with

the July 1, 2025 deadline. Ms. Fabos confirmed that they would rather bring

Council a better product.

Councilmember Bailey asked what the risk is if the deadline is not met. Ms.

Fabos stated the Planning Department is working with the Department of

Local Affairs (DOLA) to get more clarification on what the legislation

means. Kevin Walker, Director, Planning Department, stated on July 1,

2025, City Code will not be in alignment with state legislation, but they are

continuing to work with DOLA, the governor’s office, and local stakeholders

to make it more Colorado Springs centric.

Councilmember Donelson asked Council leadership why this is in front of

Council when the Administration does not want it to be and the Planning

Commission voted against it. President Pro Tem Risley stated it was to go

on record as to how City Council feels about this legislation prior to the

deadline versus being silent and the state considering that nonaction as

consent.

President Pro Tem Risley asked when this state legislation was signed by

the Governor. Mr. Walker stated approximately a year ago.

Councilmember Bailey stated he believes the public should be engaged in

this discussion.

Councilmember Williams stated she believes this needs to be addressed

prior to the deadline so the state understands where the City stands on this

item.

Citizen Diane Bridges, Chair, Historic Neighborhoods Partnership (HNP),

Jeanette Capron, Mike Anderson, Dutch Schultz, President, Old North End,

and Lisa Bigelow, spoke in opposition to the proposed Ordinance.

Councilmember Henjum asked why the Planning Commission unanimously

denied the proposed Ordinance. Mr. Walker stated their principal rationale

was the Home Rule question and the previously adopted Ordinance.

Councilmember Henjum stated she believes the intention of the Governor

is to make mass transit more available to people, which she is in support

of, and asked what the intent of the Administration is. Mr. Walker stated

their intent was to give City Council the opportunity to amend City Code to

be in compliance with state law.

Motion by Councilmember Risley, seconded by Councilmember Donelson, that

the Ordinance amending Chapter 7 (the "Unified Development Code" or "UDC")

of the Code of the City of Colorado Springs 2001, as amended, as related to

minimum parking requirements in applicable transit service areas be denied.

The motion passed by a vote of 9-0-0-0

9 -

Aye:

Bailey, Crow-Iverson, Donelson, Gold, Henjum, Leinweber, Rainey Jr., Risley, and

Williams

11. Public Hearing

(PRCS) introduced the appeal of the PRCS Advisory Board decision to

approve the Fishers Canyon Open Space Master and Management Plan

and provided an overview of the mission, background, and review criteria

of the Fishers Canyon Open Space Master and Management Plan.

Les Gruen, representing the appellant, stated master planning a property

before it is properly rezoned is not in compliance with the Unified

Development Code (UDC) and provided an overview of the reasons

behind the opposition to the Fishers Canyon Open Space Master and

Management Plan.

Jim Ken, Attorney, representing the appellant, identified how rezoning to

Public Parks (PK) use is required by the Unified Development Code

(UDC).

John Putnam, insurance agent, representing the appellant, went over how

insurance is affected by the potential wildfire impact.

John Merritt, representing the appellant, provided an overview of how

Fisher Canyon Open Space would radically impact neighborhood traffic.

Todd Cartwright, Senior Project Manager, Kiowa Engineering, went over

the historic flooding challenges on and around the property.

Jonathon Lovekin, Colorado Geological Survey, representing the appellant,

identified the geologic hazards in Fishers Canyon and the front of

Cheyenne Mountain.

David Deitemeyer, Senior Program Administrator, Trails, Open Space and

Parks (TOPS) Program, provided an overview of the City’s parks, Park

System Master Plan, review criteria, property overview, purpose of Master

and Management Plan, engagement phases, additional engagement

opportunities, number of engagements, engagement findings: draft Plan,

and Master and Management Plan overview. Mr. Deitemeyer also

identified the approved Master Plan map, holistic/adaptive management

approach, approval process, summary from appeal, and appeal themes

which include the public process, open space access, traffic and

evacuation, visitation management, omissions to the plan, funding,

priorities/implementation, and staff recommendation.

Councilmember Donelson asked who was included in the full community

results. Mr. Deitemeyer stated everyone who participated in the online

survey reviewed the Master and Management Plan. Councilmember

Donelson asked if it was limited to City residents only. Mr. Deitemeyer

stated it was not; it was available to anyone who was interested.

Councilmember Rainey asked how many people participated in the site

tours. Mr. Deitemeyer stated approximately one hundred individuals.

Councilmember Henjum asked if they are planning to utilize smart

technology to allow visitors to know what the parking capacity is at. Mr.

Deitemeyer stated it has been discussed but they have not taken action on

it at this time.

Kris Cooper, Fire Marshal, Colorado Springs Fire Department (CSFD),

went over the fire, mitigation, and adjacent fire stations.

Councilmember Leinweber asked if the fire hydrant located in the parking

lot would be beneficial to CSFD for the staging of fire trucks. Fire Marshal

Cooper confirmed it would be.

Citizens Phil Wortmann, Pikes Peak Climber Alliance, Delane Bredvik,

Allen Beauchamp, Trails and Open Space Coalition, Carol Beckman,

Steve Harris, Hank Scarangella, TOPS Working Committee, Bob Falcone,

and Corey Sutela, Medicine Wheel Trail Advocates, spoke in support of

the Fishers Canyon Open Space Master and Management Plan.

Citizens Robert Craig, Laurie Meacham, Alexandria Bell, Blaine Miller,

Brenda Tracy, Victoria Elliott, Tad Foster, and Wayne Booker spoke in

opposition of the Fishers Canyon Open Space Master and Management

Plan.

Mr. Deitemeyer stated they are confident they have the best plan to move

forward, which allows for improvements to allow for public access and an

adaptive component which allows them to be flexible in the event they need

to make adjustments moving forward.

Mr. Gruen stated the PRCS Department presentation outlined the process

they followed in regard to the Park Master Plan process but not the process

mandated by the UDC, the neighbors tried to negotiate an agreement, but

were unsuccessful, and requested there not be any development of the

Fishers Canyon Open Space Master and Management Plan until it is

rezoned to comply with the UDC.

Councilmember Williams stated the City is currently looking at a $9.2

million budget shortfall and she does not believe there will be funds

available to build the proposed infrastructure, or meet the already large

maintenance backlog, so she will be voting against the Plan.

Councilmember Henjum requested additional information regarding the

PRCS backlog. Ms. Haley explained the many park funding sources for the

park system, the differences between open space and the deferred

maintenance backlog for built park facilities such as the City auditorium,

swimming pools, etc., and the TOPS sales tax revenue focuses on open

space acquisition and stewardship. She stated it is not fair to taxpayers for

the City to use those taxpayer dollars to purchase open space but then not

make it available to the citizens of the City.

Councilmember Henjum requested additional information on adaptive

management. Mr. Deitemeyer stated in terms of open space, it means they

have a plan for public access and then they collect data by monitoring how

the infrastructure/resources are responding to the use and then they

reevaluate and make adjustments as needed.

Councilmember Henjum asked what the balance is between having clear,

solid plans and being adaptive and flexible. Mr. Deitemeyer stated their

plan allows for trailheads, locations of trails, amenities associated with the

public use, enhance/protect wildlife and natural/cultural resources on the

properties but through the Master Planning process, public input asked

them to start small so that is why they need to implement phased

approaches which also gives them the opportunity to identify the

appropriate funding needed to implement the plan over the next fifteen to

twenty years.

Councilmember Henjum asked if the City is following legal process in

regard to zoning. Young Shin, Attorney, City Attorney’s Office, stated the

concerns raised were regarding the Land Use Plan and the Development

Plan and provided an overview of the related requirements of City Code.

Councilmember Rainey stated City Code 7.2.503 states no development is

permitted until a rezoning to PK. Mr. Shin stated the rezoning is required

prior to any development activity and this is just a plan to set in place what

that development will look like.

Councilmember Leinweber asked if the TOPS ballot question in 2021 to

increase the TOPS tax would have made a difference with funding

maintenance issues. Ms. Haley confirmed it would. Councilmember

Leinweber highlighted that the TOPS money is dedicated solely for open

spaces.

Councilmember Leinweber asked if there is stormwater mitigation

infrastructure already in place in this area. Gayle Sturdivant, City

Engineer/Deputy Public Works Director, stated there are two debris ponds

in that area which have been transferred to the City which they will have to

maintain along with the other stormwater infrastructure in proximity to the

open space.

Councilmember Leinweber asked if there will need to be additional

stormwater built once the parking lot is completed. Ms. Sturdivant

confirmed that both the development of the access road and the parking lot

will trigger the need for additional stormwater requirements.

Councilmember Leinweber stated he believes the addition of these trails

will help disperse people from other parks which are heavily used, and he

will always stand for private land rights, but will also fight for trails if there is

a need.

Councilmember Bailey stated he has confidence in the process to address

the concerns raised today including his question regarding zoning, and this

Master Plan will allow citizens to access the land which was voted on to

acquire three years ago.

Councilmember Donelson stated the City needs to go as slow as needed

in order to be fair to the adjacent citizens living in the Spires neighborhood,

and he has concerns regarding traffic during an evacuation. Ms. Sturdivant

stated the City’s Traffic Engineers reviewed the traffic impact and although

it would be difficult to access the bottom portion of Norad Road from

Broadmoor Bluffs during an evacuation, with the reallocation of lanes

during an emergency response, there would be minimal impact

Councilmember Donelson asked if the open space will be open to public

use for four years prior to a parking lot being constructed. Mr. Deitemeyer

stated that information is incorrect, and the parking lot will be built before

public access with eight spaces at the lower lot and sixty-one spaces at the

upper lot for Phase 1 with a total of 110 parking spaces at the end of

Phase 2.

Councilmember Donelson asked where the gate will be located. Mr.

Deitemeyer stated it will be located at the terminus of Wellfleet Street.

Councilmember Donelson asked what will be required for drainage prior to

development starting. Ms. Sturdivant stated they will review the Drainage

Report, Erosion Control Plan in conjunction with the Geologic Hazards

Study and if there are any geologic hazards identified including the debris

basins, they would have to initiate mitigation measures.

Councilmember Donelson asked if they would also look at water runoff on

trails. Ms. Sturdivant confirmed they would because they look at land use

disturbances, not just related to impervious surfaces.

Councilmember Donelson asked if there is anything which prevents a fire

hydrant from being installed in the upper larger parking lot. Ms. Sturdivant

stated that because water does not flow uphill, there would most likely have

to some type of potable water pump system installed.

Councilmember Donelson asked where the nearest trail connectivity is

located. Mr. Deitemeyer stated the Chamberlain Trail would accommodate

that connectivity in the Master Plan, but it is still not legal access across

Norad Road and private property located between Norad Road south to

Cheyenne State Park trailhead and visitor center.

Councilmember Donelson asked how many homes are adjacent to the

proposed trails. Mr. Deitemeyer stated there are five properties which were

acquired prior to any homes being built with the acknowledgement of

connectivity of public access to the lots as well as a 150-foot buffer and

vegetation screening along the trails.

Councilmember Williams requested additional information regarding the

use of TOPS revenue. Ms. Haley explained the percentages of how TOPS

sales tax revenue is authorized to be allocated.

Councilmember Williams asked how the $200,000 for TOPS maintenance

is spent. Ms. Haley stated it is currently being spent on maintenance for

neighborhood and community parks such as mowing and paying for water.

Councilmember Williams stated she is not comfortable with adding more

expenses to the already backlogged park system at this time.

Councilmember Rainey asked if the City would have to pull additional

money from other funding sources for the maintenance of this open space.

Ms. Haley stated they have approximately $1.2 million of funding which

goes for maintenance of open space, which does not include the $200,000

which is being used for neighborhood and community parks.

Councilmember Rainey asked if the backlog of maintenance is being

considered with this Master Plan. Ms. Haley stated the backlog typically

included built spaces such as playground facilities and confirmed they are

included in the Parks Master Plan to be prioritized as needed.

Councilmember Rainey asked if the stormwater assessment is completed

after the parking lot is built. Mr. Deitemeyer confirmed that once there is

over an acre of impervious surface constructed, a stormwater study is

conducted.

Councilmember Rainey asked if residents adjacent to the open space

were made aware of the 150-foot buffer zone. Mr. Deitemeyer stated they

have included that buffer in their plans as well as the public meetings and

they will not be putting up the two wire fencing at this time.

Councilmember Rainey requested additional information regarding the

protection of wildlife and habitat. Mr. Deitemeyer stated that over two-thirds

of the property will be National Conservation Area Preservation with no

human access in it, they are improving the crossing of drainage ways to

improve wildlife movement and installed a game camera to capture all of

the wildlife in the area.

Councilmember Henjum stated she appreciates all of the dialogue and

thoughtfulness which has gone into this Plan, and she will be voting against

this appeal.

Councilmember Donelson stated he will be supporting the appeal because

he believes the homes built up against this park will bearing the burden of

this Plan.

Motion by Councilmember Williams, seconded by Councilmember Donelson, to

uphold the appeal, thus denying the Parks, Recreation and Cultural Services

Advisory Board's adoption of the Fishers Canyon Open Space Master and

Management Plan, based upon the findings that the Fishers Canyon Open Space

Master and Management Plan does not meet the criteria for the 2014 Park

System Master Plan and the purposes of the TOPS Ordinance set forth in City

Code Section 4.6.101. The motion failed by a vote of 4-5-0-0

4 - Crow-Iverson, Donelson, Rainey Jr., and Williams

5 - Bailey, Gold, Henjum, Leinweber, and Risley

Aye:

No:

11.B. PDZZ-25-000 Reconsideration of Ordinance No. 25-58 amending the zoning map of

the City of Colorado Springs relating to 6.18 acres located at 1133

South Royer street from GI (general industrial) to PDZ (planned

development zone district; non-residential; 180,000 maximum square

footage; 80 feet maximum building height)

Located in Council District 3

This application is in association with the Tava Mountain Energy Storage

Facility zone change which had the first reading setting a hearing date on

June 10, 2025 and second reading on June 24, 2025. Should Council

elect to reconsider the item, reconsideration may be immediate without

a further hearing. Alternatively, Council may notice a supplemental

hearing to be held no later than thirty (30) days after June 24, 2025.

Presenter:

Allison Stocker, Senior Planner, Planning Department

Kevin Walker, Director, Planning Department

Attachments:

Tava_Mtn_PDZZ_&PDZL_Ordinance

Tava_Mtn_PDZZ_&_PDZL_Staff_Report_ADS_20250602_Revised

Tava_Mtn_PDZZ_&_PDZL_Staff_Report_ADS_20250418

Attachment_1_Land_Use_Plan

Attachment_2_Project_Statement

Attachment_3_PublicComments

Attachment_3A_Public_Comment

Attachment_3B_Public_Comment

Attachment_3C_Comment_Recieved_at_CPC

Exhibit_A_Zone_Map_Amendment_Legal_Description

Exhibit_B_Zone_Map_Amendment_Boundaries

7.5.704 ZONING MAP AMENDMENT (REZONING)

Tava_Mtn_PDZZ&PDZL_Staff_Presentation

Planning Commission Meeting - Tava - 05_14_2025

Signed Ordinance No. 25-58.pdf

Allison Stocker, Senior Planner, Planning Department, presented the

Ordinances amending the zoning map of the City relating to 6.18 acres

located at 1133 South Royer street from GI (general industrial) to PDZ

(planned development zone district; non-residential; 180,000 maximum

square footage; 80 feet maximum building height) and establishment of the

Tava Mountain Energy Storage Facility Planned Development Land Use

Plan consisting of 4.49 acres located at 1133 S Royer Street. She

provided an overview of the vicinity map, project summary, zoning map,

Land Use Plan, PDZ community benefits, timeline of review, stakeholder

involvement, agency review, PlanCOS compliance, application review

criteria, and optional motions.

Chris Beasley, Director of Development, esVolta, representing the

applicant, identified the project site overview, zoning, Land Use

compliance, public interest, and health/safety compliance.

Councilmember Rainey asked if there is a malfunction or dissipation of

energy if the facility can close itself down or does it just provide a warning

to the control center. Julie Brown, Fire Safety Consultant, Coffman

Engineers, representing the applicant, stated if there are abnormal

conditions detected, the batteries disconnect and discontinue charging or

discharging.

Councilmember Williams asked if they had a discussion with Colorado

Springs Utilities (CSU). Mr. Beasley stated CSU put out a Request For

Proposal (RFP) earlier this year, but they were not selected.

Councilmember Williams asked if there would need to be another rezone

to PF (Public Facility) at a later time. Ms. Stocker stated the zoning

designation of PDZ is unique, use is determined on a case-by-case basis

and would allow them to continue with the battery energy storage or general

industrial use.

President Pro Tem Risley asked if the area of property intended to be

rezoned corresponds to the legal description of the underlying parcels. Mr.

Beasley confirmed the area within the Land Use Plan is fully within the legal

description, but it may look odd due to the seven or eight mini parcels

which are all different shapes and sizes, and they are only requesting a

rezone of a portion of the parcels.

Councilmember Donelson asked how long esVolta has been in operation.

Mr. Beasley stated it was founded in 2017.

Councilmember Donelson asked how many battery storage facilities they

have in the United States. Mr. Beasley stated approximately seven.

Councilmember Donelson asked what the safety records of those facilities

are. Mr. Beasley stated they have not had any fires to date.

Councilmember Donelson asked why they are building this when CSU did

not select them in the RFP. Mr. Beasley stated it is very common in this

industry that in order to be selected by a utility, the project needs to be

pretty well along in the approval process first.

Councilmember Donelson asked if some cities are pushing these facilities

outside their city boundaries due to the risk of fire or other health risks. Mr.

Beasley stated it varies but in Santa Paula, CA, they approved an add-on

to that project which is within the city.

Councilmember Donelson asked if CSU is not their customer, if they would

sell to someone else. Mr. Beasley stated in this territory and its utility

structure, CSU is the only real customer that they could sell to.

Councilmember Donelson asked if CSU is entering into contracts with

battery providers. Tristan Gearhart, Chief Financial Officer, CSU, stated

they do not have any plans right now for an additional RFP going out, but

they do run electric integrated resource plans to make sure their electric

needs are met.

Councilmember Donelson asked if the large batteries within the City would

tie up transmission lines. Mr. Gearhart stated part of the Interconnection

Agreement language stated that entities using that must keep CSU whole

to deliver the same amount of electricity to customers.

Councilmember Donelson asked how many employees will be at this site.

Mr. Beasley stated the sites are unmanned except for maintenance crews

which come in a couple times per week or as needed.

Councilmember Donelson requested additional information regarding the

fire risk. Kris Cooper, Fire Marshal, Colorado Springs Fire Department

(CSFD), explained the lithium-ion phosphate which they would be using is

a much more stable technology that the earlier generations of batteries,

these newer designs must comply with very rigorous National Fire

Protection Association (NFPA) standards, and they are comfortable with

the design as proposed.

Councilmember Donelson asked if there is any risk of toxic gases to the

community if there is a fire. Fire Marshal Cooper stated as with any fire, the

byproducts of a fire have toxic properties to them.

Councilmember Bailey asked how frequently fires occur at these types of

facilities. Fire Marshal Cooper stated he is only aware of a few and there

were seriously injured firefighters trying to make entry into the unit in

Surprise, AZ because they were not aware of the off gassing which was

occurring.

Councilmember Gold asked how there will be long-term job creation if

these facilities are unmanned. Mr. Beasley stated there will still be a need

for technicians to service the facility and other local contractors to keep the

facility in good working order.

Citizen Patrick Meade, landowner, spoke in support of the project.

Councilmember Donelson stated he will be voting no on this because a

rezone needs to be in the public interest for health and safety and there are

still questions about these battery facilities and he thinks there are no

benefits to the City, but there is definitely risk especially with it being

located in the City and near the railroad tracks.

Motion by Councilmember Bailey, seconded by Councilmember Henjum, that the

Ordinance approving the zone change of 6.18 acres from GI (General Industrial)

to PDZ (Planned Development Zone; non-residential; 180,000 maximum square

footage; 80 feet maximum building height) based upon the findings that the

request complies with the criteria for a Zoning Map Amendment as set forth in

City Code Section 7.5.704 be finally passed. The motion passed by a vote of

7-2-0-0

7 - Bailey, Crow-Iverson, Gold, Henjum, Leinweber, Rainey Jr., and Williams

2 - Donelson, and Risley

Aye:

No:

11.C. PDZL-25-00 Reconsideration of establishment of the Tava Mountain Energy Storage

Facility Planned Development Land Use Plan consisting of 4.49 acres

located at 1133 S Royer Street.

Located in Council District 3

This application is in association with the Tava Mountain Energy Storage

Facility zone change which had the first reading setting a hearing date on

June 10, 2025, and second reading on June 24, 2025. Should Council

elect to reconsider the item, reconsideration may be immediate without

a further hearing. Alternatively, Council may notice a supplemental

hearing to be held not later than thirty (30) days after June 24, 2025.

Presenter:

Allison Stocker, Senior Planner, Planning Department

Kevin Walker, Director, Planning Department

Attachments:

7.5.514 LAND USE PLAN

Please see comments in Agenda item 11.B.

Motion by Councilmember Bailey, seconded by Councilmember Henjum, that the

Tava Mountain Battery Energy Storage Land Use Plan based upon the findings

that the proposal complies with the review criteria for Land Use Plans as set forth

in City Code Section 7.5.514 be approved. The motion passed by a vote of 6-3-0-0

6 - Bailey, Crow-Iverson, Henjum, Leinweber, Rainey Jr., and Williams

3 - Donelson, Gold, and Risley

Aye:

No:

12. Added Item Agenda

There were no items added to the Agenda.

13. One Hour of Citizen Discussion for Items not on Today's Agenda per City

Council Rules

Citizen Charles Barber spoke about the wind, changing climate, intellectual

communication, and mechanics.

Citizen Alan Strass spoke about the need for a revision of the water

evaluation process related to annexations.

Citizen Autumn Reel spoke about the need for reproductive health and

feminine health education for students in Colorado Springs.

Citizen Don Briggs, Shane Hood, Kandy Lewis, and EmRhys Jenkins

Colorado Springs Homeless Union, provided some solutions they believe

will assist people experiencing homelessness.

Citizen Steve Lightfoot stated Stephen King shot and killed John Lennon

and identified his magazine “Lennon, Murder, Truth”.

14. Executive Session

There was no Executive Session.

15. Adjourn

There being no further business to come before City Council, Council

adjourned at 5:25 PM.

Sarah B. Johnson, City Clerk