City Hall

107 N. Nevada Avenue

Colorado Springs, CO

80903

City of Colorado Springs

Meeting Minutes

City Council

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.

Documents created by third parties may not meet all

accessibility criteria.

Tuesday, February 11, 2025

9:00 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)

How to Comment on Agenda Items

Before the meeting, you may email general comments for items not on the agenda or

comments regarding agenda items to: allcouncil@coloradosprings.gov

During the meeting, those who wish to comment should submit their name, telephone number,

and the topic or agenda item for comment via allcouncil@coloradosprings.gov in addition to

calling +1 720-617-3426 United States, Denver (Toll) and entering this Conference ID: 668

990 82#

Estimated agenda item times are provided for planning purposes and do not constitute notice

of a specific time for any item. Items may take more or less time than estimated. City Council

may amend the order of items.

1. Call to Order and Roll Call

President Helms called the meeting to order at 9:02 AM.

9 -

Present:

Councilmember Yolanda Avila, President Pro Tem Lynette Crow-Iverson,

Councilmember Dave Donelson, President Randy Helms, Councilmember Nancy

Henjum, Councilmember David Leinweber, Councilmember Mike O'Malley,

Councilmember Brian Risley, and Councilmember Michelle Talarico

Councilmember Talarico arrived at approximately 9:07 AM.

Councilmember Risley arrived at approximately 10:33 AM.

President Pro Tem Crow-Iverson left the meeting at approximately 3:00 PM.

2. Invocation and Pledge of Allegiance

The Invocation was made by Chaplain Colin McCormick from the Colorado

Springs Police Department.

President Helms led the Pledge of Allegiance.

President Helms recognized Ayana Garcia, Boards and Commissions

Program Administrator, for being awarded the Fort Carson Military Spouse

of the Year.

Several Councilmembers congratulated Ms. Garcia for her achievement.

3. Changes to Agenda/Postponements

There were no changes to the Agenda.

4. Consent Calendar

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.)

4A. Second Presentation:

25-031

4A.A.

Ordinance No. 25-18 Amending Section 203 (Application For License;

Fees; Term; Bond and Insurance Requirements; Suspension or

Revocation) of Part 2 (Excavations) of Article 3 (Streets and Public

Ways) of Chapter 3 (Public Property and Public Works) of the Code of

the City of Colorado Springs 2001, as Amended, Pertaining to

Excavator Stop Work Orders.

Presenter:

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

Tyra Sandy, PE, Engineering Program Manager/Assistant City Engineer

Attachments: 1_PW-ExcavatorStopWorkOrder-ORD-2024-11-26

2_Presentation

Signed Ordinance No. 25-18.pdf

This Ordinance was finally passed on the Consent Calendar.

4B. First Presentation:

25-097

4B.A.

City Council Regular Meeting Minutes January 28, 2025

Presenter:

Sarah B. Johnson, City Clerk

Attachments: 1-28-2025 City Council Meeting Minutes Final

The Minutes were approved on the Consent Calendar.

25-094

4B.B.

A Resolution Declaring a Portion of the Property Known as El Paso

County Tax Schedule Number 5400000263 Surplus Property and

Authorizing the Disposal of Such Property to Contrarian Airport LLC as

the One Logical Purchaser.

Presenter:

Travas Deal, Chief Executive Officer, Colorado Springs Utilities

Jessica Davis, Land Resource Manager, Colorado Springs Utilities

Attachments: City Council Agenda Resolution_Marksheffel Property Disposal_Final

10011 - Marksheffel Surplus Exhibits A-B SIGNED ver2

Signed Resolution No. 24-25.pdf

This Resolution was adopted on the Consent Calendar.

24-658

4B.C.

A Resolution approving the Intergovernmental Agreement for

inter-connection of bus services between the City of Fountain, Colorado,

and the City of Colorado Springs, Colorado

Presenter:

Lan Rao, Transit Division Manager, Public Works

Attachments: Interconnected Bus Service - Resolution 01-27-2025

Interconnected Bus Service - IGA 01-27-2025

Interconnected Bus Service - Presentation 01-27-2025

Signed Resolution No. 25-25.pdf

This Resolution was adopted on the Consent Calendar.

Approval of the Consent Agenda

Motion by Councilmember Henjum, seconded by Councilmember Talarico,

that all matters on the Consent Calendar be passed, adopted, and approved

by unanimous consent of the members present. The motion passed by a vote

of 8-0-1-0

8 -

Aye:

Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, and

Talarico

1 - Risley

Excused:

5. Recognitions

25-088

5.A.

A Resolution Designating February as International Therapeutic

Recreation Month

Presenter:

Michelle Talarico, Councilmember District 3

Britt Haley - Parks, Recreation and Cultural Services Director

Attachments: International Therapetic Recreation Month - Feb 2025 - Resolution

Signed Resolution No. 26-25.pdf

Councilmember Talarico read the Resolution Designating February as

International Therapeutic Recreation Month.

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

brief history of the City’s Therapeutic Recreation Programs (TRP), the

5,200 participants who benefit from the programs, identified the volunteers,

interns, and four City staff members who make the programs possible.

Councilmember Talarico expressed appreciation for the people involved

with TRP.

Councilmember Henjum requested additional information of what

therapeutic recreational programs are offered by the City. Felicia Barnhart,

Program Supervisor, TRP, went over several of the programs and activities

offered.

Councilmember Donelson expressed appreciation for the work done at

Prospect Lake to keep the TRPs available on it.

Motion by Councilmember Henjum, seconded by President Pro Tem

Crow-Iverson, that the Resolution designating February as International

Therapeutic Recreation Month be adopted. The motion passed by a vote of

8-0-1-0

8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, and Talarico

1 - Risley

Aye:

Excused:

6. Mayor's Business

There was no Mayor’s Business.

7. Citizen Discussion For Items Not On Today's Agenda

Citizen Charles Barber requested everyone prevent hair from going into the

City’s wastewater system.

Citizen Lawrence Clark spoke about an unattended backpack he found

and reported in front of Governor Jared Polis’ office and spoke in

opposition of Senate Bill 3.

Citizen Robert McClughlin requested school zones and controlled lights at

the intersections near Challenger Middle School and Mountain View

Elementary School

Citizens Janine Sledz and Murray Relf spoke about the need for sound

mitigation for the noise from the Ford Amphitheater.

Citizen Joan Stang discussed the need for bicycle-friendly driver education

within the City.

Citizen Kurt Schroeder spoke about the dangers of wildfire within the City

and the Forest Service layoffs.

Citizen Jim Coonradt spoke in opposition of the ballot question repealing

Ballot Question 300 and the poor conditions of the apartment building he

lives in.

Citizens Ann Rush and Dawn Shelstad spoke in opposition of the Karman

Line annexation and the petition they are circulating.

Citizen John Hawk identified the requirements he would like to see

regarding accessory dwelling units.

Citizens Carrie Waite and Theresa Gazzara stated there should be a full

impact analysis for ADU’s before it is voted on at the February 25, 2025

City Council Meeting.

Citizen Kat Gayle stated there needs to be qualification requirements for

members of the Pikes Peak Library Board and about the noise levels from

the Ford Amphitheater.

Citizen Ethan Jacobs spoke about the excessive train horn noise in the

downtown area.

8. Items Called Off Consent Calendar

There were no Items Called Off the Consent Calendar.

9. Utilities Business

There was no Utilities Business.

10. Unfinished Business

10.A. ANEX-24-00 Ordinance No. 25-20 annexing the area known as Cheyenne Mountain

State Park Addition No. 1 located along west of Highway 115 and south

of Cheyenne Mountain State Park consisting of 53.84 acres.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

law based thereon and determining the eligibility for annexation and

annexing the area known as Cheyenne Mountain State Park/Rock Creek

Mesa Addition No. 1 Annexation located along west of Highway 115.

Councilmember Donelson thanked the applicant, Danny Mientka, Owner,

The Equity Group, for showing him the project site area, but due to his

concerns with public safety regarding wildfire danger, he will still be voting

against this item.

Motion by Councilmember O'Malley, seconded by Councilmember Risley, that

the Ordinance No. 25-20 annexing into the City of Colorado Springs the area

known as Cheyenne Mountain State Park Addition No. 1 consisting of 53.84 acres,

based upon the findings that the annexation complies with the Conditions for

Annexation Criteria as set forth in City Code Section 7.5.701 be finally passed.

The motion passed by a vote of 7-2-0-0

7 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

2 - Avila, and Donelson

Aye:

No:

10.B. ANEX-24-00 Ordinance No. 25-21 annexing the area known as Rock Creek Mesa

Addition No. 1 located west of Highway 115 and south of Cheyenne

Mountain State Park consisting of 4.02 acres.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

Not currently located within a Council District, however, if approved it

would be anticipated to be within Council District 3.

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Kevin Walker, Planning Director

Attachments: 7.5.701 ANNEXATION OF LAND

Ordinance - Annexation Rock Creek Mesa Addition 1 - ANEX-24-0002

Exhibit A - Rock Creek Mesa Addition No. 1 - ANEX-24-0002

Signed Ordinance No. 25-21.pdf

Please see comments in Agenda item 10.A.

Motion by Councilmember Henjum, seconded by Councilmember Talarico, that

the Ordinance No. 25-21 annexing into the City of Colorado Springs the area

known as Rock Creek Mesa Addition No. 1 consisting of 4.02 acres, based upon

the findings that the annexation complies with the Conditions for Annexation

Criteria as set forth in City Code Section 7.5.701, with one (1) Condition of

Approval.* The applicant shall seek Board of County Commissioners' approval of

the deeds of transfer for rights-of-way along Pawnee Road prior to recordation be

finally passed. The motion passed by a vote of 7-2-0-0

7 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

2 - Avila, and Donelson

Aye:

No:

10.C. ANEX-24-00 Ordinance No. 25-22 annexing the area known as Rock Creek Mesa

Addition No. 2 located west of Highway 115 and south of Cheyenne

Mountain State Park consisting of 8.35 acres.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

Not currently located within a Council District, however, if approved it

would be anticipated to be within Council District 3.

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Kevin Walker, Planning Director

Attachments: 7.5.701 ANNEXATION OF LAND

Ordinance - Annexation Rock Creek Mesa Addition 2 - ANEX-24-0003

Exhibit A - Rock Creek Mesa Addition No. 2 - ANEX-24-0003

Signed Ordinance No. 25-22.pdf

Please see comments in Agenda item 10.A.

Motion by Councilmember Leinweber, seconded by Councilmember Talarico,

that the Ordinance No. 25-22 annexing into the City of Colorado Springs the area

known as Rock Creek Mesa Addition No. 2 consisting of 8.35 acres, based upon

the findings that the annexation complies with the Conditions for Annexation

Criteria as set forth in City Code Section 7.5.701 be finally passed. The motion

passed by a vote of 7-2-0-0

7 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

2 - Avila, and Donelson

Aye:

No:

10.D. ANEX-24-00 Ordinance No. 25-23 annexing the area known as Rock Creek Mesa

Addition No. 3 located west of Highway 115 and south of Cheyenne

Mountain State Park consisting of 25.55 acres.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

Not currently located within a Council District, however, if approved it

would be anticipated to be within Council District 3.

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Kevin Walker, Planning Director

Attachments: 7.5.701 ANNEXATION OF LAND

Ordinance - Annexation Rock Creek Mesa Addition 3 - ANEX-24-0004

Exhibit A - Rock Creek Mesa Addition No. 3 - ANEX-24-0004

Signed Ordinance No. 25-23.pdf

Please see comments in Agenda item 10.A.

Motion by Councilmember Leinweber, seconded by Councilmember Henjum,

that the Ordinance No. 25-23 annexing into the City of Colorado Springs the area

known as Rock Creek Mesa Addition No. 3 consisting of 25.55 acres, based upon

the findings that the annexation complies with the Conditions for Annexation

Criteria as set forth in City Code Section 7.5.701 be finally passed. The motion

passed by a vote of 7-2-0-0

7 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

2 - Avila, and Donelson

Aye:

No:

10.E. ANEX-24-00 Ordinance No. 25-24 annexing the area known as Rock Creek Mesa

Addition No. 4 located west of Highway 115 and south of Cheyenne

Mountain State Park consisting of 4.06 acres.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

Not currently located within a Council District, however, if approved it

would be anticipated to be within Council District 3.

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Kevin Walker, Planning Director

Attachments: 7.5.701 ANNEXATION OF LAND

Ordinance - Annexation Rock Creek Mesa Addition 4 - ANEX-24-0005

Exhibit A - Rock Creek Mesa Addition No. 4 - ANEX-24-0005

Signed Ordinance No. 25-24.pdf

Please see comments in Agenda item 10.A.

Motion by President Pro Tem Crow-Iverson, seconded by Councilmember

Leinweber, that the Ordinance No. 25-24 annexing into the City of Colorado

Springs the area known as Rock Creek Mesa Addition No. 4 consisting of 4.06

acres, based upon the findings that the annexation complies with the Conditions

for Annexation Criteria as set forth in City Code Section 7.5.701 be finally passed.

The motion passed by a vote of 7-2-0-0

7 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

2 - Avila, and Donelson

Aye:

No:

10.F. ANEX-24-00 Ordinance No. 25-25 annexing the area known as Rock Creek Mesa

Addition No. 5 located west of Highway 115 and south of Cheyenne

Mountain State Park consisting of 7.43 acres.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

Not currently located within a Council District, however, if approved it

would be anticipated to be within Council District 3.

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Kevin Walker, Planning Director

Attachments: 7.5.701 ANNEXATION OF LAND

Ordinance - Annexation Rock Creek Mesa Addition 5 - ANEX-24-0006

Exhibit A - Rock Creek Mesa Addition No. 5 - ANEX-24-0006

Signed Ordinance No. 25-25.pdf

Please see comments in Agenda item 10.A.

Motion by Councilmember Henjum, seconded by Councilmember Leinweber,

that the Ordinance No. 25-25 annexing into the City of Colorado Springs the area

known as Rock Creek Mesa Addition No. 5 consisting of 7.43 acres, based upon

the findings that the annexation complies with the Conditions for Annexation

Criteria as set forth in City Code Section 7.5.701 be finally passed. The motion

passed by a vote of 7-2-0-0

7 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

Aye:

2 - Avila, and Donelson

No:

10.G. ANEX-24-00 Ordinance No. 25-26 annexing the area known as Rock Creek Mesa

Addition No. 6 located west of Highway 115 and south of Cheyenne

Mountain State Park consisting of 5.61 acres.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

Not currently located within a Council District, however, if approved it

would be anticipated to be within Council District 3.

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Kevin Walker, Planning Director

Attachments: 7.5.701 ANNEXATION OF LAND

Ordinance - Annexation Rock Creek Mesa Addition 6 - ANEX-24-0007

Exhibit A - Rock Creek Mesa Addition No. 6 - ANEX-24-0007

Signed Ordinance No. 25-26.pdf

Please see comments in Agenda item 10.A.

Motion by Councilmember Talarico, seconded by Councilmember Henjum, that

the Ordinance No. 25-26 annexing into the City of Colorado Springs the area

known as Rock Creek Mesa Addition No. 6 consisting of 5.61 acres, based upon

the findings that the annexation complies with the Conditions for Annexation

Criteria as set forth in City Code Section 7.5.701 be finally passed. The motion

passed by a vote of 7-2-0-0

7 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

2 - Avila, and Donelson

Aye:

No:

10.H. ZONE-23-00 Ordinance No. 25-27 establishing a R-Flex-Med/HS-O/WUI-O (R-Flex

Medium Scale with Hillside and Wildland Urban Interface Overlay) zone

district for 38.11 acres located west of Highway 115 and south of

Cheyenne Mountain State Park.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

Not currently located within a Council District, however, if approved it

would be anticipated to be within Council District 3.

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Kevin Walker, Planning Director

Attachments: 7.5.704 ZONING MAP AMENDMENT (REZONING)

Zoning Ordinance-Rock Creek Mesa - R-Flex-HS-WUI-O -

ZONE-23-0026

Exhibit A - Legal Description - R-Flex Med-HS-WUI-O -

ZONE-23-0026

Exhibit B - Map Depiction - R-Flex Med-HS-WUI-O - ZONE-23-0026

Signed Ordinance No. 25-27.pdf

Please see comments in Agenda item 10.A.

Motion by Councilmember Talarico, seconded by Councilmember Henjum, that

the Ordinance No. 25-27 establishing 38.11 acres as R-Flex-Med/HS-O/WUI-O

(R-Flex Medium Scale with Hillside and Wildland Urban Interface Overlay) zone

district, based upon the findings that the zone establishment request complies

with the criteria for granting a zone establishment 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 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

2 - Avila, and Donelson

Aye:

No:

10.I.

ZONE-23-00 Ordinance No. 25-28 establishing a PK/WUI-O (Public Parks with

Wildland Urban Interface Overlay) zone district for 53.84 acres located

west of Highway 115 and south of Cheyenne Mountain State Park.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

Not currently located within a Council District, however, if approved it

would be anticipated to be within Council District 3.

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Kevin Walker, Planning Director

Attachments: 7.5.704 ZONING MAP AMENDMENT (REZONING)

Zoning Ordinance-Cheyenne Mtn State Park - PK - ZONE-23-0027

Exhibit A - Legal Description - Public Parks - ZONE-23-0027

Exhibit B - Map Depiction - Public Parks - ZONE-23-0027

Signed Ordinance No. 25-28.pdf

Please see comments in Agenda item 10.A.

Motion by President Pro Tem Crow-Iverson, seconded by Councilmember

Leinweber, that the Ordinance No. 25-28 establishing 53.84 acres as PK/WUI-O

(Public Parks with Wildland Urban Interface Overlay) zone district, based upon

the findings that the zone establishment request complies with the criteria for

granting a zone establishment 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 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

2 - Avila, and Donelson

Aye:

No:

10.J. ZONE-23-00 Ordinance No. 25-29 establishing a R-Flex-Med/WUI-O (R-Flex Medium

Scale with Wildland Urban Interface Overlay) zone district for 12.51

acres located west of Highway 115 and south of Cheyenne Mountain

State Park.

(Legislative)

Related Files: ANEX-24-0001RF, ANEX-24-0001, ANEX-24-0002RF,

ANEX-24-0002, ANEX-24-0003RF, ANEX-24-0003,

ANEX-24-0004RF, ANEX-24-0004, ANEX-24-0005RF,

ANEX-24-0005, ANEX-24-0006RF, ANEX-24-0006,

ANEX-24-0007RF, ANEX-24-0007, ZONE-23-0026, ZONE-23-0027,

ZONE-23-0030, MAPN-23-0009

Not currently located within a Council District, however, if approved it

would be anticipated to be within Council District 3.

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Kevin Walker, Planning Director

Attachments: 7.5.704 ZONING MAP AMENDMENT (REZONING)

Zoning Ordinance-Rock Creek Mesa - R-Flex-WUI-O - ZONE-23-0030

Exhibit A - Legal Description - R-Flex Med-WUI-O - ZONE-23-0030

Exhibit B - Map Depiction - R-Flex Med-WUI-O - ZONE-23-0030

Signed Ordinance No. 25-29.pdf

Please see comments in Agenda item 10.A.

Motion by Councilmember Talarico, seconded by President Pro Tem

Crow-Iverson, that the Ordinance No. 25-29 establishing 12.51 acres as

R-Flex-Med/WUI-O (R-Flex Medium Scale with Wildland Urban Interface Overlay)

zone district, based upon the findings that the zone establishment request

complies with the criteria for granting a zone establishment 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 - Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

2 - Avila, and Donelson

Aye:

No:

11. New Business

24-630

11.A.

An Ordinance Amending Article 1 of Chapter 4, of the Chapter 4 of the

Code of Colorado Springs 2001, as Amended, Pertaining to Electrical

Assisted Bicycles

Presenter:

Britt Haley, Director, Parks, Recreation and Cultural Services

Department

Lonna Thelen, Program Manager, Trails, Open Space and Parks

(TOPS) Program

Scott Abbott, Manager, Regional Parks, Trails and Open Space

Attachments: PR-E_BikesORD-Class 1 edit.docx

E-Bike Policy Presentation to Council 120924

Signed Ordinance No. 25-30.pdf

Lonna Thelen, Program Manager, Trails, Open Space and Parks (TOPS)

Program, introduced the Ordinance pertaining to electrical assisted

bicycles (e-bikes) and provided an overview of the definition of an E-Bike,

E-Bike survey, survey results, four steps to implement policy: 1. TOPS

Working Committee/Parks Advisory Board consider e-bike policy/City

Code updates, 2. City Council considers e-bike policy/City Code updates,

3. Parks Recreation and Cultural Services (PRCS) Department adopts

rules/regulations, and 4. Staged rollout of policy and reasons for this

approach.

Scott Abbott, Manager, Regional Parks, Trails and Open Space, PRCS,

provided additional detailed information regarding steps 3. and 4.,

environmental impact studies, TOPS Working Committee/Parks Advisory

Board recommendations, proposed motion, and complete text of

Ordinance.

Councilmember Henjum requested additional information regarding

citations for wildlife harassment. Mr. Abbott provided an overview of how

that enforcement would be through the Colorado Springs Police

Department.

Councilmember Henjum asked if slow zones and movable barrier tactics

are currently being utilized. Mr. Abbott stated they are not.

Councilmember Donelson requested additional information on which

classes will be permitted. Mr. Abbott explained they are asking for Class 1

e-bikes to be allowed where a traditional bike has access, and it will be a

phased rollout with urban trails.

Councilmember Donelson asked if this Ordinance will eventually allow

e-bikes on TOPS properties. Mr. Abbott confirmed it would be but only

after all conservation easements and acceptance of permissible uses are

complete.

Councilmember Henjum asked if the survey was representative of the

population. Mr. Abbott provided an overview of their extensive outreach.

Councilmember Leinweber asked if Park Rangers might be able to issue

citations in the future. Mr. Abbott stated they have discussed that, but it is a

huge responsibility to add to the already exorbitant amount of work that the

Rangers already do. Britt Haley, Director, PRCS Department, explained

they are actively working on the enforcement element of this proposed

Ordinance.

Councilmember Donelson asked if the survey participants were informed

that TOPS properties currently do not allow motorized vehicles. Mr. Abbott

stated that information was not in the survey.

Councilmember Henjum asked if this proposed change for TOPS

properties would require a vote of the people. Caitilin Moldenhauer,

Attorney, City Attorney’s Office, stated City Council has the authority to

provide definitional structure for non-motorized use which was not

previously defined in the TOPS or Parks section of the City Code.

Councilmember Henjum asked what criteria City Council can use

regarding this item. Mr. Abbott stated carrying capacity of the land, what

uses are allowable, and what damage could occur to the land based on

uses. Ms. Haley this Ordinance will provide clarity by providing definitions

regarding e-bikes and would provide continuity with City Code’s Chapter

10 definition of vehicles on roadways.

Councilmember Donelson stated he is concerned about City Council

creating a meaning or changing the definition for nonmotorized use and

recommended that it be removed from the proposed Ordinance.

Councilmember O’Malley stated he does not support this Ordinance

because it cannot be enforced.

Citizens Sarah Bryarly, Glenn Carlson, Becky Leinweber, Nick Ponser,

Mike Hemme, Ben Raby, Mattie Godby, Jeff Cooper, Scott Helzen, Allen

Beauchamp, Jon Severson, Kurt Schroeder, Corey Sutela, Gary

Sherwood, Steve Harris, and Carl Hansen spoke in support of the

proposed Ordinance.

Citizens Wayne Williams, Donna Strom, Jim Lockhart, Bob Falcone, Greg

Thornton, Kat Gayle, and Dana Duggan spoke in opposition of the

proposed Ordinance.

Councilmember Henjum asked Mr. Williams what his recommendation is.

Mr. Williams stated he recommends adding a new Section 3 which states

limiting factors TOPS properties and some other properties would be

addressed prior to any introduction of e-bikes in these locations so the

importance of voter approval regarding TOPS and Taxpayer Bill of Rights

(TABOR) matters.

Councilmember Donelson stated the same idea could be accomplished by

taking out the nonmotorized vehicle definition.

Councilmember Avila asked if TOPS trails are intertwined with urban trails.

Mr. Williams confirmed they are, and it is one of the challenges they are

facing.

Councilmember Henjum requested additional information regarding the

impact on the bicycle industry. Mr. Ponzer, Owner, Criterion Bike Shop,

explained the industry experienced a boom during the pandemic with high

demand and low supply, so bike suppliers increased the supply, but

demand has now declined with the exception of e-bikes.

Councilmember Leinweber stated he has no relationship at all with the sale

of e-bikes.

Councilmember O’Malley stated allowing a combustion source into the

Wildland Urban Interface (WUI) is a public safety issue and the lithium

batteries of e-bikes have been known to catch fire and explode which is

another hazard that has not been addressed so he will not be supporting

this item.

Councilmember Leinweber stated a Class 1 e-bike is non-motorized and

is defined by the federal government, state government, and national parks

as a bicycle because it must be powered by pedaling.

Councilmember Henjum provided an overview of what she heard as the

pros and cons of the issue and stated she is uncertain about how she will

be voting today.

Councilmember Donelson stated the right thing to do to maintain trust with

the voters is to let voters vote on it because it is TOPS property related. He

stated the non-motorized definition should be removed even if the rest of

the policies remain in place for urban trails and parks.

Councilmember Talarico stated in 1997 when the TOPS Ordinance was

passed, e-bikes were not invented yet and she trusts the PRCS

Department with implementing this Ordinance and will be voting in favor of

it.

Councilmember Avila stated that promises made should be promises kept,

this should go to a vote of the people, and she will be voting no on the

proposed Ordinance.

Councilmember Donelson made a motion to amend the Ordinance to

remove the definition of non-motorized use which would exempt e-bike use

on TOPS property unless it is approved by a vote of the people.

Councilmember Henjum asked what the impact of Councilmember

Donelson’s motion would have on the PRCS Department. Ms. Haley stated

TOPS dollars have also gone into the maintenance of the trails, which

makes it difficult to separate TOPS from the trail system and would make it

impossible to implement an e-bike policy in the Parks System.

Councilmember Leinweber stated there is an opportunity to state that no

e-bikes are permitted in the City if a portion of TOPS dollars have been

used for the maintenance of the trail system unless Class 1 e-bikes are

defined as non-motorized.

Councilmember Leinweber asked if this was to go to a ballot, when would

that occur. Sarah B. Johnson, City Clerk, stated City Council could refer an

item to the ballot as a standalone special election, the November election,

or the April 2027 municipal election. Ben Bolinger, Legislative Counsel,

City Attorney’s Office, stated if City Council referred an amendment of an

initiated Ordinance, it must be an odd-year municipal election.

President Helms stated Ms. Haley, and her team, have been working on

this policy for years and he supports the Ordinance as it is written.

Motion by Councilmember Donelson, seconded by Councilmember O'Malley, that

the Ordinance be amended to remove the definition of non-motorized use which

would exempt e-bike use on TOPS property unless it is approved by a vote of the

people. The motion failed by a vote of 1-8-0-0

1 - Donelson

Aye:

No:

8 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

Councilmember Donelson requested that Mr. Williams recommendation to

amend the Ordinance to add a Section 3 which states “limiting factors to

TOPS properties and some other properties would be addressed prior to

any introduction of e-bikes in those locations.

Councilmember Leinweber asked what the language “would be

addressed” means. Ms. Moldenhauer stated it is not clear as to the effect

of adding this language to the Ordinance would be. Councilmember

Donelson stated it means they are agreeing with this condition.

Councilmember Leinweber asked if the conditions for TOPS properties

are as a whole or are individualized. Ms. Haley stated that all their trails

have different conditions which can vary daily.

Ms. Haley requested that the intention of this be made clear for the record.

Councilmember Risley stated he is not comfortable supporting the

amendment without knowing the intentionality or consequences of it.

Motion by Councilmember Donelson, seconded by Councilmember O'Malley, that

the Ordinance be amended to add a Section 3 which states “limiting factors to

TOPS properties and some other properties would be addressed prior to any

introduction of e-bikes in those locations." The motion failed by a vote of 1-8-0-0

1 - Donelson

Aye:

No:

8 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, O'Malley, Risley, and Talarico

Motion by Councilmember Talarico, seconded by Councilmember Leinweber,

that the Ordinance amending Article 1 of Chapter 4, of Chapter 4 of the Code of

Colorado Springs 2001, as amended, pertaining to electrical assisted bicycles be

approved on first reading. The motion passed by a vote of 6-3-0-0

6 - Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico

3 - Avila, Donelson, and O'Malley

Aye:

No:

12. Public Hearing

12.A. ZONE-24-00 Ordinance No. 25-19 to amend the zoning map of the City of Colorado

Springs pertaining to 2.22 acres located at 520 North Twentieth Street

from R-2 (Two-Family Residential) to R-Flex-Med/CR (R-Flex Medium

Scale with Conditions of Record) zone district.

(Quasi-Judicial) (Second Reading and Public Hearing)

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Attachments: Staff Report_Uintah Townhomes_RGS

Attachment 1 - Project Statement

Attachment 2 - Neighborhood Correspondence

Attachment 3 - Traffic Impact Study

Attachment 4 - Geological Hazard Report

Attachment 5 - Exhibit A and B - Legal Description and Zoning Map

Depiction

Attachment 6 - Development Plan

Attachment 7 - Context Map

Attachment 8 - Westside Generalized Land Use Map

7.5.704 ZONING MAP AMENDMENT (REZONING)

Ordinance_Uintah Townhomes

Exhibit A and B - Legal Description and Zoning Map Depiction

Staff Presentation_Uintah Townhomes

Signed Ordinance No. 25-19.pdf

Gabe Sevigny, Planning Supervisor, Planning Department, presented the

Ordinance to amend the zoning map of the City pertaining to 2.22 acres

located at 520 North Twentieth Street from R-2 (Two-Family Residential) to

R-Flex-Med/CR (R-Flex Medium Scale with Conditions of Record) zone

district and the Sun Mountain Townhomes (Uintah Townhomes)

Development Plan for proposed multi-family residential within six

four-plexes and one duplex, Streets/Utility Rights-of-Way, and Open Space

consisting of 2.52 acres. He provided an overview of the vicinity map,

applications, project summary, site plan, and annexation plat. He identified

the vicinity map, project summary, Site Plan, timeline of review, public

notice, PlanCOS compliance, Westside Plan, agency review, application

review criteria, and optional motions.

Councilmember Leinweber recommended that a traffic signal be added at

the intersection at West Uintah Street and 21st Street. Mr. Sevigny stated

this project met the criteria for traffic without warranting the need for a traffic

signal.

Andrea Barlow, NES, representing the applicant, provided an overview of

the location, rezone request, Development Plan request, elevations, public

engagement, site history, previous submittal, comparison chart, the reason

for rezoning, and zoning comparison chart. She identified the review

criteria, Westside Plan, PlanCOS compliance, surrounding zoning, density

context, building height, cross sections, access, traffic, soil, and geology.

Councilmember Donelson asked if this property was rezoned if there would

be any restrictions on it. Mr. Sevigny stated if there was a major

modification to the Development Plan which was submitted with the zone

change, it would have to come before City Council for approval.

Councilmember Donelson asked if the surrounding area of townhomes and

condos were rezoned. Ms. Barlow confirmed they were.

Councilmember Leinweber asked how the five homes on the right side of

project who are accessing power through the power lines in the alley will

get power in the future. Ms. Barlow stated the power lines will be buried

underground.

Councilmember Leinweber requested additional information regarding the

challenges with infill. Ms. Barlow stated infill development is challenging

due to trying to fit in with the developments already in the area.

Councilmember O’Malley asked what the cost for units would be. Ms.

Barlow stated they will have to address the marketability and price points

when the units are built.

Councilmember O’Malley asked if there will be shared rooftops. Ms.

Barlow confirmed there will be.

Citizens Jill Gaebler and Devin Camacho spoke in support of the proposed

project.

Citizen Kelly Hiller spoke in opposition of the proposed project.

Councilmember Risley and Councilmember Henjum City clarified that

Planning staff does not make recommendations to City Council, the

applicant does. Councilmember Donelson stated City Planning staff stated

the zone change met the review criteria which could influence City

Council’s decision.

Ms. Barlow stated there have been five resubmittals of the application to

satisfy that they have addressed all the comments and concerns so they

could move forward with the hearing by City Council, there did not appear

to be any confusion from the Planning Commission, this level of proposed

density is permitted in the R-2 (Two-Family) zone, but the requirements for

a stormwater detention, open space, and guest parking, limits the ability to

achieve that density due to lot size. She explained that the criteria does not

ask if there is a benefit to the neighborhood, it asks if there is any

detriment, they have a right to request the rezone, which does not require a

comparison to the current or other types of zoning. Ms. Barlow stated they

acknowledge that the previous apartment project was never approved

which is why they have a public process, they have responded and

addressed many of the concerns brought up at the neighborhood meetings,

the UDC allows for the alley to be used as a main vehicular access and

there are restrictions to obtain primary access from elsewhere. She stated

regarding multimodal access; they will be providing improved sidewalk

connection along 21st Street and constructing sidewalk on the east side of

the building. Ms. Barlow stated the setback from the Hiller’s property will be

twelve feet, three inches even though the requirement is only ten feet, and

this project development should not be penalized due to the adjacent

development ignoring the requirement for landscape buffer.

President Helms asked if the twelve foot set back is from the Hiller’s

property line or their house. Ms. Barlow stated it is from their property line,

and they will also have a landscaping buffer there.

Councilmember Henjum asked if the previous Planned Unit Development

(PUD) would be similar to the Unified Development Code R-Flex Medium

zone. Ms. Barlow confirmed the previous zone that town homes would be

permitted in was PUD.

Councilmember Henjum asked if the rezone could be R-2. Ms. Barlow

stated to meet all the standards in the R-2 zone, it would reduce the

density.

Councilmember Donelson asked if the alleyway will be used as a primary

fire access. Mr. Sevigny stated that an alleyway can be used if it meets the

Engineer Criteria Manual and the Fire Criteria Manual.

Councilmember Leinweber asked who will have to pay for the

undergrounding of the power line for the five neighbors and how long they

will be without power. Mr. Sevigny stated the developer will pay for that

cost. Ms. Barlow stated the power lines will be buried during construction

and the connection should only result in a brief outage for the neighbors.

Councilmember Donelson asked if the power lines will be undergrounded

all the way to the neighbors’ house and if it will disrupt their gardens, patio,

or landscaping. Ms. Barlow confirmed the power lines would go all the way

to the neighboring houses and the appropriate location of the lines would

have to be discussed with the neighbors at that time.

Motion by Councilmember O'Malley, seconded by Councilmember Risley, that

the Ordinance No. 25-19 amending the zoning map of the City of Colorado

Springs pertaining to 2.22 acres located at 520 North Twentieth Street from R-2

(Two-Family Residential) to R-Flex-Med/CR (R-Flex Medium Scale with

Conditions of Record) zone district 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 * Conditions of Record - five (5) or more attached single-family

dwellings or five (5) or more attached multi-family dwellings (apartments) are not

permitted be finally passed. The motion passed by a vote of 6-2-1-0

6 - Avila, Helms, Henjum, Leinweber, O'Malley, and Risley

2 - Donelson, and Talarico

Aye:

No:

1 - Crow-Iverson

Excused:

12.B. DEPN-24-01 Establishing the Sun Mountain Townhomes Development Plan for

proposed multi-family residential within six (6) 4-plexes and one (1)

duplex, Streets/Utility Rights-of-Way, and Open Space consisting of 2.52

acres located at 520 North Twentieth Street.

(Quasi-Judicial)

Presenter:

Gabe Sevigny, Planning Supervisor, City Planning Department

Attachments: 7.5.515 DEVELOPMENT PLAN

Please see comments in Agenda item 12.A.

Motion by Councilmember Risley, seconded by Councilmember O'Malley, that

the Sun Mountain Townhomes Development Plan related to 2.52 acres based

upon the findings that the request complies with the criteria for Development

Plans as set forth in City Code Section 7.5.515 be approved. The motion passed

by a vote of 6-2-1-0

6 - Avila, Helms, Henjum, Leinweber, O'Malley, and Risley

2 - Donelson, and Talarico

Aye:

No:

1 - Crow-Iverson

Excused:

13. Added Item Agenda

There were no items added to the Agenda.

14. Executive Session