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.  
Tuesday, November 14, 2023  
10:00 AM  
Council Chambers  
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How to Comment on Agenda Items  
Before the meeting, you may email general comments for items not on the agenda or  
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During the meeting, those who wish to comment should submit their name, telephone number,  
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753 589#  
Estimated agenda item times are provided for planning purposes and do not constitute notice  
of a specific time for any item. Items may take more or less time than estimated. City Council  
may amend the order of items.  
1. Call to Order and Roll Call  
President Helms called the meeting to order at 10:05 AM.  
8 -  
Present:  
Councilmember Yolanda Avila, President Pro Tem Lynette Crow-Iverson,  
Councilmember Dave Donelson, President Randy Helms, Councilmember Nancy  
Henjum, Councilmember David Leinweber, Councilmember Brian Risley, and  
Councilmember Michelle Talarico  
1 - Councilmember Mike O'Malley  
Excused:  
Councilmember Avila arrived at approximately 10:15.  
2. Invocation and Pledge of Allegiance  
The Invocation was made by Chaplain Colonel Mark Thomas from the  
Peterson Space Force Base.  
President Helms led the Pledge of Allegiance.  
Following a recess of the Regular City Council meeting, City Council shall reconvene  
as the Colorado Springs Board of Directors of the Briargate General Improvement  
Distinct 2021 for action on the following items:  
23-511  
2.A.  
A Public Hearing on the Budget for the Colorado Springs Briargate  
General Improvement District 2021, Colorado Springs, Colorado, for the  
Calendar Year Beginning on the First Day of January 2024 and Ending  
on the Last Day of December 2024  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: 2024 Briargate GID 2021 Budget  
Briargate GID 2021 Map  
Charae McDaniel, Chief Financial Officer, gave an overview of the  
Colorado Springs Briargate General Improvement District (GID) 2021  
proposed mill levy, budget, appropriation of the funding, and maintenance  
agreement for 2024.  
23-509  
2.B.  
A Resolution Fixing and Certifying a 4.409 Mill Levy for the Colorado  
Springs Briargate General Improvement District 2021, Colorado  
Springs, Colorado, for the 2024 Budget Year  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: 01_Res to Fix Mill Levy for Briargate GID 2021_10 23 23  
Signed Resolution No. 173-23.pdf  
Please see comments in Agenda item 2.A.  
Motion by Councilmember Henjum, seconded by President Pro Tem  
Crow-Iverson, that the Resolution to fix and certify the 2023 mill levy at 4.409  
mills on taxes payable in 2024 for the Colorado Springs Briargate General  
Improvement District 2021 be adopted. The motion passed by a vote of 7-0-2-0  
7 - Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
2 - Avila, and O'Malley  
Aye:  
Excused:  
23-510  
2.C.  
A Resolution Summarizing Expenditures and Revenues, Adopting a  
Budget, and Appropriating Funds for the Colorado Springs Briargate  
General Improvement District 2021, Colorado Springs, Colorado, for the  
Calendar Year Beginning on the First Day of January 2024 and Ending  
on the Last Day of December 2024  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: 2024 Briargate GID 2021 Budget  
02_Res to Adopt Budget and Appropriate for Briargate GID 2021_10  
23 23  
Signed Resolution No. 174-23.pdf  
Please see comments in Agenda item 2.A.  
Motion by Councilmember Henjum, seconded by Councilmember Talarico, that  
the Resolution to adopt the 2024 budget and appropriate funding for the 2024  
budget year for the Colorado Springs Briargate General Improvement District  
2021 be adopted. The motion passed by a vote of 7-0-2-0  
7 - Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
2 - Avila, and O'Malley  
Aye:  
Excused:  
Following adjournment of the Briargate General Improvement District 2021, City  
Council shall reconvene as the Colorado Springs Board of Directors of the Market  
place at Austin Bluffs General Improvement Distinct for action on the following  
items:  
23-514  
2.D.  
A Public Hearing on the Budget for the Colorado Springs  
Marketplace at Austin Bluffs General Improvement District, Colorado  
Springs, Colorado, for the Calendar Year Beginning on the First Day  
of January 2024 and Ending on the Last Day of December 2024  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: MAB GID Budget 2024  
MARKETPLACEATAUSTINBLUFFSGID-Tax-Map  
Charae McDaniel, Chief Financial Officer, gave an overview of the  
Colorado Springs Marketplace at Austin Bluffs General Improvement  
District (GID) proposed mill levy, budget, appropriation of the funding, and  
maintenance agreement for 2024.  
23-512  
2.E.  
A Resolution Fixing and Certifying a 50.00 Mill Levy for the Purpose  
of Servicing Debt on the General Obligation Bonds of the Colorado  
Springs Marketplace at Austin Bluffs General Improvement District,  
Colorado Springs, Colorado, for the 2024 Budget Year  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: 01_Res to Fix Mill Levy for MAB GID_10 23 23  
Signed Resolution No. 175-23.pdf  
Please see comments in Agenda item 2.D.  
Motion by Councilmember Leinweber, seconded by Councilmember Talarico,  
that the Resolution to fix and certify the 2023 mill levy at 50.000 mills on taxes  
payable in 2024 for the Colorado Springs Marketplace at Austin Bluffs  
General Improvement District budget be adopted. The motion passed by a  
vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
Aye:  
1 - O'Malley  
Excused:  
23-513  
2.F.  
A Resolution Summarizing Expenditures and Revenues, Adopting a  
Budget, and Appropriating Funds for the Colorado Springs  
Marketplace at Austin Bluffs General Improvement District, Colorado  
Springs, Colorado, for the Calendar Year Beginning on the First Day  
of January 2024 and Ending on the Last Day of December 2024  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: MAB GID Budget 2024  
02_Res to Adopt Budget for MAB GID_10 23 23  
Signed Resolution No. 176-23.pdf  
Please see comments in Agenda item 2.D.  
Motion by Councilmember Donelson, seconded by President Pro Tem  
Crow-Iverson, that the Resolution to adopt the 2024 budget and appropriate  
the funding for the 2024 budget year for the Colorado Springs Marketplace at  
Austin Bluffs General Improvement District be adopted. The motion passed by  
a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
Following adjournment of the Colorado Springs Board of Directors of the Market  
place at Austin Bluffs General Improvement Distinct, City Council shall reconvene  
the City Council meeting.  
3. Changes to Agenda/Postponements  
Councilmember Donelson requested item 4B.F. be removed from the  
Consent Calendar.  
Consensus of Council agreed to this change on 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:  
23-550  
4A.A.  
Ordinance No. 23-59 identifying and approving the Colorado Springs  
Utilities’ Annual Sources of Funds for the Year Ending December 31,  
2024  
Presenter:  
Tristan Gearhart, Chief Planning and Finance Officer, Colorado Springs  
Utilities  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Attachments: 2024 Annual Budget & Sources of Funds  
10-24-2023 CC 2024 Source of Funds Ordinance.docx  
Signed Ordinance No. 23-59.pdf  
This Ordinance was finally passed on the Consent Calendar.  
23-549  
4A.B.  
Ordinance No. 23-60 Approving the Annual Budget for Colorado Springs  
Utilities and Appropriating Monies for the Several Purposes Named in  
the Colorado Springs Utilities’ Annual Budget for the Year Ending  
December 31, 2024  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Tristan Gearhart, Chief Planning and Finance Officer, Colorado Springs  
Utilities  
Attachments: 2024 Annual Budget & Sources of Funds  
10-24-2023 CC 2024 Budget Ordinance.docx  
Signed Ordinance No. 23-60.pdf  
This Ordinance was finally passed on the Consent Calendar.  
4B. First Presentation:  
23-592  
4B.A.  
City Council Regular Meeting Minutes October 24, 2023  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments: 10-24-2023 City Council Meeting Minutes Final  
The Minutes were approved on the Consent Calendar.  
23-351  
4B.B.  
A Resolution to amend the 2020-2024 Consolidated Plan and 2023  
Annual Action Plan to enable the City of Colorado Springs to apply for  
the U.S. Department of Housing and Urban Development’s Section 108  
Loan Guarantee Program  
Presenter:  
Paul Morrow, Senior Analyst, Housing and Community Vitality  
Department  
Attachments: 2023 AAP Amdt 1_ConPlan Amdt 3_Council Resolution  
Attachment A - ConPlan Amendment 3  
Attachment B - 2023 Annual Action Plan Amendment 1  
Council Work Session Presentation 10-10-23  
Signed Resolution No. 177-23.pdf  
This Resolution was adopted on the Consent Calendar.  
23-559  
4B.C.  
A Resolution Repealing Resolution 50-16 and Dissolving the Council  
President’s Special Marijuana Working Group  
Presenter:  
Randy Helms, Council President and Councilmember District 2  
Charae McDaniel, Chief Financial Officer  
Sarah Johnson, City Clerk  
Attachments:  
A RESOLUTION REPEALING RESOLUTION 50-16 AND  
DISSOLVING THE COUNCIL PRESIDENT’S SPECIAL MARIJUANA  
WORKING GROUP  
Resolution 50-16-1  
Signed Resolution No. 178-23.pdf  
This Resolution was adopted on the Consent Calendar.  
23-588  
4B.D.  
A Resolution Setting the Street Lighting Service Revenue Requirement  
for the Period of January 1, 2024 Through December 31, 2024  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Tristan Gearhart, Chief Planning and Finance Officer  
Attachments: 11-14-2023 -2024 MG Street Lighting Resolution.docx  
Worksheet 2024 Street Lighting Cost of Service.pdf  
Signed Resolution No. 179-23.pdf  
This Resolution was adopted on the Consent Calendar.  
23-494  
4B.E.  
A Resolution Regarding Certain Changes to the Natural Gas Service  
Boundary across Sterling Ranch.  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Todd Sturtevant, Manager, Customer Utilities Connections  
Attachments:  
FINAL - City Council (11-14) - Sterling Ranch Gas Service Boundary  
Adjustment 10302023  
SterlingRanchCC_RES-2023-10-30  
Signed Resolution No. 180-23.pdf  
This Resolution was adopted on the Consent Calendar.  
4B.G. ANEX-23-00 A resolution finding a petition for annexation of the area known as  
02  
Capital Drive Addition No. 2 Annexation consisting of 6.63 acres to be in  
substantial compliance with section 31-12-107(1), C.R.S. and setting a  
hearing date of January 9, 2024, for the Colorado Springs City Council  
to consider the annexation of the area. (Legislative)  
Presenter:  
Gabe Sevigny, Planning Supervisor Planning & Neighborhood Services  
Peter Wysocki, Planning & Neighborhood Services  
Attachments: Resolution-Hearing Setting-Capital Drive Addition No 2  
Capital Drive Addition No 2 - Petition  
Exhibit B - Plat Capital Drive Addition No 2  
Vicinity Map  
Aerial Location Map  
Signed Resolution No. 181-23.pdf  
This Resolution was adopted on the Consent Calendar.  
4B.H. ANEX-23-00 A resolution finding a petition for annexation of the area known as  
03  
Capital Drive Addition No. 3 Annexation consisting of 1.01 acres to be in  
substantial compliance with section 31-12-107(1), C.R.S. and setting a  
hearing date of January 9, 2024, for the Colorado Springs City Council  
to consider the annexation of the area. (Legislative)  
Presenter:  
Gabe Sevigny, Planning Supervisor Planning & Neighborhood Services  
Peter Wysocki, Planning & Neighborhood Services  
Attachments: Resolution-Hearing Setting-Capital Drive Addition No 3  
Capital Drive Addition No 3 - Petition  
Exhibit B - Plat Capital Drive Addition 3  
Vicinity Map  
Aerial Location Map  
Signed Resolution No. 182-23.pdf  
This Resolution was adopted on the Consent Calendar.  
Approval of the Consent Agenda  
Motion by Councilmember Henjum, seconded by Councilmember Risley, 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 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
5. Recognitions  
23-596  
5.A.  
City Council Appointments to Boards, Commissions, and Committees  
Presenter:  
Randy Helms, Council President and Councilmember District 2  
Attachments: 111423 Boards Commissions and Committee Appointments  
President Helms presented the City Council Appointments to Boards,  
Commissions, and Committees.  
Matthew Giovanni, nominee appointee to the Audit Committee, provided a  
brief background of himself.  
Councilmember Donelson expressed appreciation for the applicants who  
wish to serve on the Audit Committee.  
Motion by Councilmember Avila, seconded by Councilmember Talarico, that the  
Appointments to City Council Boards, Commissions, and Committees (Audit  
Committee) be approved. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
President Helms presented the City Council Appointments to Boards,  
Commissions, and Committees.  
David Robbins, nominee appointee to the Planning Commission, provided  
a brief background of himself.  
Councilmember Donelson expressed appreciation for the applicants who  
wish to serve on the Planning Commission.  
Motion by Councilmember Avila, seconded by Councilmember Risley, that the  
Appointments to City Council Boards, Commissions, and Committees (Planning  
Commission) be approved. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
23-604  
5.B.  
A Resolution of Appreciation of Michael Sullivan, Chief Human  
Resources and Risk Officer, Human Resources Department, for his 12  
years of service to the City of Colorado Springs.  
Presenter:  
Lynnette Crow-Iverson, At-Large City Coucilmember  
Ryan Trujillo, Deputy Chief of Staff, Office of Mayor  
Attachments: Retiree Resolution Michael Sullivan (Employee Will Attend)_  
Signed Resolution No. 183-23.pdf  
President Pro Tem Crow-Iverson introduced the Resolution of appreciation  
for Michael Sullivan, Chief Human Resources and Risk Officer, Human  
Resources Department, for his twelve years of service with the City of  
Colorado Springs.  
Mayor Yemi acknowledged Mr. Sullivan for his leadership, achievements,  
service, and accomplishments during his career with the City.  
Councilmember Avila expressed appreciation for Mr. Sullivan and all he  
has done for the City.  
Mr. Sullivan expressed appreciation for the opportunities he had been  
given with the City, for the recognition, and for the Human Resources  
Department Team, the City’s Administration team, and all the employees.  
Motion by President Pro Tem Crow-Iverson, seconded by that the Resolution of  
appreciation of Michael Sullivan, Chief Human Resources and Risk Officer,  
Human Resources Department, for his 12 years of service to the City of Colorado  
Springs be adopted. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
6. Mayor's Business  
There was no Mayor’s Business.  
7. Citizen Discussion For Items Not On Today's Agenda  
Citizen Deborah Caine requested greater assistance for the people  
experiencing homelessness.  
Citizen Andrew Dalby spoke against fascism, Senate Bill 190, and Issue  
2A.  
Citizen Chauncy Johnson offered some alternatives to Issue 2A for public  
safety.  
Citizens Charles Johnson and Maryah Lauer spoke against a new  
Colorado Springs Police Department training facility.  
8. Items Called Off Consent Calendar  
4B.F. ZONE-23-00 An ordinance amending the zoning map of the City of Colorado Springs  
12  
relating to 1.23 acres located at 4760 Flintridge Drive from MX-N (Mixed  
Use Neighborhood Scale) to MX-M (Mixed Use Medium Scale) zone  
district for a convenience store and fuel canopy. (Quasi-Judicial)  
Presenter:  
Austin Cooper, Planner II, Planning + Neighborhood Services.  
Peter Wysocki, Director, Planning + Neighborhood Services  
Attachments: Ordinance_Quik Trip Academy and Flintridge  
Quik Trip Staff Report  
Figure 1 - Project Statement  
Figure 2 - Public Comments  
Figure 3 - Public Comment Response  
Figure 4 - Exhibit A  
Figure 5 - Exhibit B  
Figure 6 - Trip Generation Comparison  
7.5.502.E Development Plan Review  
7.5.603.B Findings - ZC  
7.A-B. Staff_Quik Trip Zone Change  
Signed Ordinance No. 23-61.pdf  
Mike Tassi, Assistant Planning Director, stated they do not have a formal  
presentation for the Ordinance amending the zoning map of the City  
relating to 1.23 acres located at 4760 Flintridge Drive from MX-N (Mixed  
Use Neighborhood Scale) to MX-M (Mixed Use Medium Scale) zone  
district for a convenience store and fuel canopy because this is the first  
reading to set the public hearing date. He stated the Unified Development  
Code (UDC) states the first reading of the Ordinance sets the hearing date  
and the second reading of the Ordinance is the hearing date.  
Councilmember Donelson read the criteria for approving a zoning change,  
he does not believe this meets the criteria, and does not think City Council  
should blindly vote for an item that they have not heard a presentation on.  
Councilmember Risley stated that City Council does review the project  
materials provided as part of Agenda packet.  
Ben Bolinger, Legislative Counsel, City Attorney’s Office, explained City  
Code requires City Council to vote on the first reading to set the hearing  
date.  
Councilmember Donelson stated it is still an affirmative vote for the first  
reading of the zone change and should not be on the Consent Calendar  
with no presentation,  
Mr. Bolinger stated today’s vote is to set a hearing date and there was no  
notice for holding a hearing today.  
Councilmember Donelson stated a two-week pause is to allow Council to  
thoroughly review the information.  
Councilmember Henjum stated this process streamlines the process  
without diminishing the rights of the public.  
Councilmember Leinweber stated previous Council has determined this is  
the best process.  
City Council requested the process concerning zone changes be reviewed  
at the December 11, 2023 Work Session.  
Motion by Councilmember Leinweber, seconded by Councilmember Risley, to  
close debate on this item. The motion passed by a vote of 6-2-1-0  
6 - Avila, Crow-Iverson, Henjum, Leinweber, Risley, and Talarico  
2 - Donelson, and Helms  
Aye:  
No:  
1 - O'Malley  
Excused:  
Motion by Councilmember Leinweber, seconded by Councilmember Talarico,  
that the Ordinance amending the zoning map of the City of Colorado Springs  
relating to 1.23 acres located at 4760 Flintridge Drive from MX-N (mixed use  
neighborhood scale) to MX-M (mixed use medium scale) be approved on first  
hearing. The motion passed by a vote of 7-1-1-0  
7 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico  
Aye:  
No:  
1 - Donelson  
1 - O'Malley  
Excused:  
9. Utilities Business  
23-537  
9.A.  
A Resolution Authorizing the Acquisition of Permanent Easements on  
the Properties Identified by El Paso County Tax Schedule Numbers  
6420300033 and 6419100027 to be Used for the Kelker to South Plant  
Transmission Project  
Presenter:  
Jessica K. Davis, Land Resource Manager, Colorado Springs Utilities  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Attachments: 2 - CC Presentation_Property Acquisition_K-SP_Mandel_Draft  
3 - CC Resolution_KelkerSouthPlant_Mandel_Draft djk comments  
09-05-23_KB9.25  
3 - Land Description - 21-7171 - Mandel Billy G 6419100027 &  
6420300033_REV2  
Signed Resolution No. 184-23.pdf  
Jessica K. Davis, Land Resource Manager, Colorado Springs Utilities  
(CSU), presented the Resolution authorizing the acquisition of permanent  
easements on the properties identified by El Paso County Tax Schedule  
Numbers 6420300033 and 6419100027 to be used for the Kelker to South  
Plant Transmission Project.  
Councilmember Henjum stated this acquisition is critical to the City’s  
transmission and distribution system.  
Councilmember Avila asked how many trees are in the path of the  
proposed transmission lines. Ms. Davis stated she will provide that  
information.  
Motion by Councilmember Leinweber, seconded by Councilmember Risley, that  
the Resolution authorizing the acquisition of easements to be used for the Kelker  
to South Plant Transmission Project be adopted. The motion passed by a vote of  
8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
23-577  
9.B.  
Consideration of a Resolution Setting Certain Electric Rates within the  
Service Area of Colorado Springs Utilities and Regarding Certain  
Changes to the Electric Rate Schedules  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Chris Bidlack, City Attorney's Office - Utilities Division  
Attachments: 2 - 2024 Rate Case - D&O Electric  
3 - 2024 Rate Case - Electric Resolution  
4 - 2024 Rate Case - Final Electric Tariffs  
Signed Resolution No. 185-23.pdf  
Chris Bidlack, City Attorney's Office, Utilities Division, presented the review  
of the draft decision and order and draft Resolutions setting electric rates,  
natural gas rates, and water rates within the service area of Colorado  
Springs Utilities (CSU) as well as certain changes to the Utilities Rules and  
Regulations (URR) of CSU.  
Councilmember Henjum commented that these items have already been  
thoroughly reviewed by Council.  
Motion by Councilmember Donelson, seconded by Councilmember Talarico, that  
the Resolution setting certain Electric Rates within the service area of Colorado  
Springs Utilities and regarding certain changes to the Electric Rate Schedules be  
adopted. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
Aye:  
1 - O'Malley  
Excused:  
23-578  
9.C.  
Consideration of a Resolution Setting the Natural Gas Rates within the  
Service Area of Colorado Springs Utilities and Regarding Certain  
Changes to the Natural Gas Rate Schedules.  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Chris Bidlack, City Attorney's Office - Utilities Division  
Attachments: 2 - 2024 Rate Case - D&O Natural Gas  
3 - 2024 Rate Case - Natural Gas Resolution  
4 - 2024 Rate Case - Final Natural Gas Tariffs  
Signed Resolution No. 186-23.pdf  
Please see comments in Agenda item 9.B.  
Motion by Councilmember Donelson, seconded by Councilmember Henjum, that  
the Resolution setting the Natural Gas Rates within the service area of Colorado  
Springs Utilities and regarding certain changes to the Natural Gas Rate  
Schedules be adopted. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
23-579  
9.D.  
Consideration of a Resolution Setting Certain Water Rates within the  
Service Area of Colorado Springs Utilities  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Chris Bidlack, City Attorney's Office - Utilities Division  
Attachments: 2 - 2024 Rate Case - D&O Water  
3 - 2024 Rate Case - Water Resolution  
4 - 2024 Rate Case - Final Water Tariffs  
Signed Resolution No. 187-23.pdf  
Please see comments in Agenda item 9.B.  
Motion by Councilmember Avila, seconded by Councilmember Donelson, that the  
Resolution setting certain Water Rates within the service area of Colorado  
Springs Utilities be adopted. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
23-581  
9.E.  
Consideration of a Resolution Regarding Certain Changes to Colorado  
Springs Utilities' Utilities Rules and Regulations  
Presenter:  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Chris Bidlack, City Attorney's Office - Utilities Division  
Attachments: 2 - 2024 Rate Case - D&O URR  
3 - 2024 Rate Case - URR Resolution  
4 - 2024 Rate Case - Final URR Tariffs  
Signed Resolution No. 188-23.pdf  
Please see comments in Agenda item 9.B.  
Motion by Councilmember Leinweber, seconded by President Pro Tem  
Crow-Iverson, that the Resolution approving the Draft Decision and Order and  
certain changes to Colorado Springs Utilities' Utilities Rules and Regulations be  
adopted. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
10. Unfinished Business  
There was no Unfinished Business.  
11. New Business  
23-568  
11.A.  
A Resolution Approving an Intergovernmental Agreement between El  
Paso County and the City of Colorado Springs for the Cleanup of  
Homeless Camps  
Presenter:  
Peter Wysocki, Director of Planning and Neighborhood Services  
Attachments: IGA for homeless camp cleanup_CCWS 10-23-2023  
Resolution  
Signed Resolution No. 189-23.pdf  
Peter Wysocki, Director of Planning and Community Development,  
provided an overview of the Resolution approving an Intergovernmental  
Agreement between El Paso County and the City for the cleanup of  
homeless camps near the City limits and within County enclaves.  
Councilmember Leinweber asked how many blocks a mile is. Mr. Wysocki  
stated a mile is 5,280 feet.  
Councilmember Donelson stated the City is already having a difficult time  
keeping the City clean an although he supports helping clean up the  
enclaves, but only a quarter mile out.  
Motion by Councilmember Donelson, that the Resolution approving an  
Intergovernmental Agreement between El Paso County and the City of Colorado  
Springs for the cleanup of homeless camps near the City limits and within County  
enclaves be amended to change the boundary distance from City Limits from one  
mile to one fourth mile be adopted. The motion failed for lack of second.  
Councilmember Donelson motion to change the boundary distance to  
one-half mile.  
Jamie Fabos, Chief of Staff, if they change the distance to a half mile, they  
will need to go back and draft a new contract and clarified that this IGA in  
no way obligates Code Enforcement to go a mile, it simply allows them at  
their own professional discretion to go as far as they need in order to  
alleviate the impacts on local business on local residents.  
Ben Bolinger, Legislative Counsel, City Attorney’s Office, explained that an  
IGA simply allows City Council to authorize the Mayor to enter the contract  
but changing the motion does not change the contract.  
Councilmember Henjum asked why the one-mile distance is so important  
to the County. Mr. Wysocki stated both parties agreed to this distance  
because it would be a minimal impact to the City but provided a defined  
boundary.  
Councilmember Avila stated this needs to go back to the drawing board  
with more City Council involvement so that it does not only benefit the  
County.  
President Helms asked what the consequences would be if this was  
postponed. Ms. Fabos stated reducing this distance would not benefit  
Code Enforcement in their efforts to clean up the City and the County is  
funding all cleanup which occurs on County property plus an administrative  
fee.  
Councilmember Leinweber stated citizens want these homeless camps  
cleaned up and Council needs to move forward and support this effort.  
Councilmember Risley spoke about the importance of working with County  
to support the region.  
Councilmember Henjum stated they need to work with the County  
regarding finding solutions to help address the bigger problem of homeless  
camps.  
Councilmember Donelson stated the County has the resources to hire  
people to clean up those homeless camps themselves.  
Councilmember Avila stated she will support this but would like to have a  
more robust process regarding this.  
Ms. Fabos stated this contract has already been approximately two years  
in the making and if the authorization is only for one half mile, the  
Administration will need to determine if it would be a good use of City  
resources to go back through the process with the County.  
Councilmember Henjum stated the Administration needs to involve City  
Council earlier in the process.  
Councilmember Leinweber stated he does not support the half mile  
amendment.  
Citizen Christopher Bonham recommended setting up secure camp sites  
for the individuals experiencing homelessness.  
Motion by Councilmember Donelson, seconded by Councilmember Avila, that the  
Resolutiion approving the Intergovernmental Agreement between El Paso County  
and the City of Colorado Springs for the cleanup of homeless camps near the City  
limits and within County enclaves be amended to change the boundary distance  
from City Limits from one mile to one half mile be adopted. The motion failed by  
a vote of 2-6-1-0  
2 - Avila, and Donelson  
Aye:  
No:  
6 - Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Excused:  
Motion by Councilmember Leinweber, seconded by Councilmember Talarico,  
that the Resolution approving the Intergovernmental Agreement between El Paso  
County and the City of Colorado Springs for the cleanup of homeless camps near  
the City limits and within County enclaves The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
23-516  
11.B.  
A resolution accepting and endorsing the recommendations from the  
Lodgers and Automobile Rental Tax (LART) Citizen Advisory Committee  
for expenditures from the LART special fund for inclusion in the 2024  
budget  
Presenter:  
Charae McDaniel, Chief Financial Officer  
PK McPherson, Chair, LART Citizens’ Advisory Committee  
Attachments: LART Resolution - 2024 Projects  
2024 LART Resolution Exh A  
Signed Resolution No. 190-23.pdf  
Charae McDaniel, Chief Financial Officer, presented the Resolution  
accepting and endorsing recommended expenditures from the Lodgers  
and Automobile Rental Tax (LART) special fund for inclusion in the 2024  
budget.  
Councilmember Donelson asked if he wanted to change an amount if it  
needed to be done now or with the budget. Ms. McDaniel stated that it  
would need to be done with the budget process.  
Citizen Joe Aldez spoke in opposition of the process for the LART  
recommendations and explained how the La Vida event would benefit the  
City.  
Councilmember Avila stated there will be another application cycle that La  
Vida will be able to apply for LART funding and encouraged other  
Councilmembers to attend the event.  
Citizens Jennifer Smith, D Smith, and Craig Harvey, One Body ENT,  
expressed appreciation for the LART funding for Juneteenth.  
Councilmember Donelson provided an overview of the top funded events,  
what they requested, and what they received.  
Motion by Councilmember Henjum, seconded by Councilmember Risley, that the  
Resolution accepting and endorsing the recommendations from the Lodgers and  
Automobile Rental Tax (LART) Citizen Advisory Committee for expenditures from  
the LART special fund for inclusion in the 2024 budget be adopted. The motion  
passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
23-395  
11.C.  
Ordinance No. 23-62 Making and Certifying the 2023 Tax Levy for Taxes  
Payable in 2024 at 3.579 Mills (comprised of a general operating mill  
levy of 4.279 mills and a temporary tax credit of 0.70 mills) Upon Each  
Dollar of Assessed Valuation of All Taxable Property and a Tax Credit of  
3.579 Mills Upon Each Dollar of Assessed Valuation of All Taxable  
Business Personal Property Within the Corporate Limits of the City of  
Colorado Springs  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: TaxLevy2024-BPPT_CreditORD SB23B 11.28.23  
Charae McDaniel, Chief Financial Officer, presented the Ordinance  
certifying the 2023 tax levy for taxes payable in 2024 at 3.349 mills upon  
each dollar of assessed valuation of all taxable property.  
There were no comments on this item.  
Motion by Councilmember Henjum, seconded by Councilmember Donelson, that  
the Ordinance setting the 2023 Tax Levy for Taxes Payable in 2024 at 3.349 Mills  
and a Tax Credit of 3.349 Mills on All Taxable Business Personal Property Within  
the Corporate Limits of the City of Colorado Springs be passed on first reading.  
The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
23-397  
11.D.  
Ordinance No. 23-63 repealing Ordinance No. 22-89 and Adopting the  
City of Colorado Springs - 2024 Salary Structure for Civilian and Sworn  
Municipal Employees  
Presenter:  
Mike Sullivan, Chief Human Resources and Risk Officer  
Charae McDaniel, Chief Financial Officer  
Attachments: 2024 Salary Schedule (1).pdf  
11-13-23 - Ordinance - 2024 Salary Schedule  
Charae McDaniel, Chief Financial Officer, presented the updated 2024  
salary structure for civilian and sworn employees to be effective December  
24, 2023. She stated based on the findings of the salary survey and market  
movement, the proposed salary ranges changes for 2024 are increasing  
four percent for civilian employees and sworn employees due to market  
movement and civilians will be eligible for an average of two percent for  
pay for performance increases.  
Councilmember Donelson stated entry level 911 call takers should receive  
a higher pay.  
Motion by Councilmember Henjum, seconded by Councilmember Talarico, that  
the Ordinance repealing Ordinance No. 22-89 and adopting the City of Colorado  
Springs - 2024 Salary Structure for Civilian and Sworn Municipal Employees be  
passed on first reading. The motion passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
23-529  
11.E.  
Ordinance no. 23-64 repealing Ordinance No. 23-12, And Amending  
Section 3 Of Ordinance No. 14-20 (An Ordinance Confirming The  
Mayor’s Appointment Of The City Attorney And Setting The Salary Of  
The City Attorney), And Section 3 Of Ordinance No. 18-120 (An  
Ordinance Appointing The City Council Administrator And Setting The  
Salary Of The City Council Administrator), And Section 3 Of Ordinance  
No. 21-06 (An Ordinance Appointing Jacqueline Rowland As City  
Auditor And Prescribing Her Duties, Compensation, And Tenure In  
Office), And Prescribing The Salaries Of The City Attorney, City Council  
Administrator, And City Auditor  
Presenter:  
Michael Sullivan, Chief Human Resources and Risk Officer  
Attachments: 2024 Appointee Salary Ordinance  
Charae McDaniel, Chief Financial Officer, presented the Ordinance  
approving the salary of the City Attorney, City Auditor, and City Council  
Administrator.  
There were no comments on this item.  
Motion by Councilmember Henjum, seconded by Councilmember Leinweber,  
that the Ordinance Repealing Ordinance No. 23-12, and amending Ordinance  
Nos. 14-20, Section 3 (an Ordinance confirming the Mayor’s appointment of the  
City Attorney and setting the salary of the City Attorney), 18-120, Section 3 (an  
Ordinance appointing the City Council Administrator and setting the salary of the  
City Council Administrator), and 21-06, Section 3 (an Ordinance appointing  
Jacqueline Rowland as City Auditor and prescribing her duties, compensation,  
and tenure in office), and prescribing the salaries of the City Attorney, City  
Council Administrator, and City Auditor be approved on first reading. The motion  
passed by a vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
23-396  
11.F.  
Ordinance 23-65 Annual Appropriation Ordinance Adopting the Annual  
Budget and Appropriating Funds for the Several Purposes Named in  
Said Budget for the Year Ending December 31, 2024  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments: 2024 Budget Ordinance-11.13.23  
Charae McDaniel, Chief Financial Officer, presented the Ordinance  
adopting the Annual Budget and appropriating funds for the several  
purposes named in said Budget for the year ending December 31, 2024.  
Councilmember Donelson requested that the amount of Lodgers and  
Automobile Rental Tax (LART) funding be restored to the full amount they  
requested for the Colorado Springs Veteran's Day Parade for $28,700,  
Colorado Springs Western Street Breakfast for $15,000, 38th Annual  
International Association of Fallen Firefighters for $150,000, and Pikes  
Peak International Hill Climb Race Day and Fan Fest for $130,000.  
Councilmember Leinweber, Councilmember Henjum, and Councilmember  
Talarico stated they are concerned with bypassing the LART Advisory  
Committee and recommended these applicants go through the LART  
off-cycle process.  
Motion by Councilmember Donelson, seconded by President Pro Tem  
Crow-Iverson, to amend the Ordinance adopting the Annual Budget and  
appropriating funds for the several purposed named in said Budget for the year  
ending December 31, 2024 to increase the Lodgers and Automobile Rental Tax  
(LART) funding for the full amount requested for the Colorado Springs Veteran's  
Day Parade, Colorado Springs Western Street Breakfast, 38th Annual  
International Association of Fallen Firefighters, and Pikes Peak International Hill  
Climb Race Day and Fan Fest. The motion failed by a vote of 3-5-1-0  
3 - Crow-Iverson, Donelson, and Helms  
Aye:  
No:  
5 - Avila, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Excused:  
President Pro Tem Crow-Iverson asked why the City has a Reserve Fund  
and how long did it take to bring it up to twenty percent. Ms. McDaniel  
stated the Reserve Fund is in place to address emergencies or funding  
that is needed in subsequent years, and it has been at approximately  
twenty percent for the past two years.  
President Pro Tem Crow-Iverson asked if the City is planning for the  
geopolitical war which is taking place and the possible deployment of  
troops out of the City and how that will affect sales tax revenue. Ms.  
McDaniel stated the 2024 Budget assumes a zero percent change over the  
2023 Budget, so they are taking into account changes in the economic  
impact to the City.  
President Pro Tem Crow-Iverson stated reserves are for severe recession  
and economic collapse, so this council needs to demonstrate that they are  
worthy of the citizens trust, and she feels it is irresponsible at this time to  
dip into reserves considering that currently the deficit is minimal, and they  
have not really felt the effects of this recession yet. She stated dipping into  
reserves to grow the operating budget is not sustainable and it is not how  
reserves should be used in her opinion they are not balancing this budget  
they are dipping into reserves to do business as usual, so she will not be  
supporting this budget.  
Councilmember Donelson stated he feels they are not doing their job if they  
approve cutting the Police budget at the same rate of Human Resources,  
and the Office of Innovation. He stated public safety and law enforcement  
should be the number one job of City government and read an e-mail he  
received from a citizen concerning crime in the area of Centennial  
Boulevard and cutting overtime hours for Police Officers is not a good idea  
so he will not be supporting this item.  
Councilmember Risley stated the budget is a framework and adjustments  
can be made when needed and using some of the reserves to smooth out  
the dips is not a bad thing and will be supporting the budget as it is  
presented.  
Councilmember Henjum stated the Colorado Springs Chief of Police is  
supportive of the proposed budget, and they have not dipped below the  
standards for fund balance so she will be supporting it.  
Motion by Councilmember Henjum, seconded by Councilmember Talarico, that  
the appropriation Ordinance adopting the annual budget and appropriating funds  
for the several purposes named in said budget for the year ending December 31,  
2024 be approved on first reading. The motion passed by a vote of 6-2-1-0  
6 - Avila, Helms, Henjum, Leinweber, Risley, and Talarico  
2 - Crow-Iverson, and Donelson  
1 - O'Malley  
Aye:  
No:  
Excused:  
12. Public Hearing  
North Gate Boulevard Addition No. 8 Annexation Estimated Time: 10 minutes  
23-600  
12.A.  
Ordinance No. 23-66 annexing to the City of Colorado Springs that area  
known as North Gate Boulevard Addition No. 8 annexation consisting of  
1.37-acres located at North Gate Boulevard and Struthers Road  
intersection.  
(Legislative)  
Presenter:  
Katelynn Wintz, Planning Supervisor, Planning and Neighborhood  
Services  
Peter Wysocki, Director, Planning and Neighborhood Services  
Attachments: ORD_Northgate8  
Exhibit A - Legal North Gate Blvd Add No 8  
Annex Plat North Gate Blvd Add No 8  
Planner Affidavit  
Surveyor Affidavit  
Staff Presentation_NothGate 8  
StaffReport_Northgate ANEX  
Katelynn Wintz, Planning Supervisor, Planning and Neighborhood  
Services, presented the Ordinances annexing to the City the area known  
as North Gate Boulevard Addition No. 8 annexation consisting of  
1.37-acres and .55-acres located at North Gate Boulevard and Struthers  
Road intersection. She provided an overview of the annexation process,  
vicinity map, project summary, site plan, public notice/engagement, and  
conditions for annexation.  
There were no comments on this item.  
Motion by President Pro Tem Crow-Iverson, seconded by Councilmember  
Talarico, that the Ordinance annexing to the City of Colorado Springs that area  
known as North Gate Boulevard Addition No. 8 based upon the findings that the  
annexation complies with the Conditions for Annexation Criteria as set forth in  
City Code Section 7.6.203 be approved on first reading. The motion passed by a  
vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
Aye:  
1 - O'Malley  
Excused:  
North Gate Boulevard Addition No. 9 Annexation Estimated Tme: 10 minutes  
23-601  
12.B.  
Ordinance No. 23-67 annexing to the City of Colorado Springs that area  
known as North Gate Boulevard Addition No. 9 annexation consisting of  
0.55-acres located west of North Gate Boulevard and Struthers Road  
intersection.  
Presenter:  
Katelynn Wintz, Planning Supervisor, Planning and Neighborhood  
Services  
Peter Wysocki, Director, Planning and Neighborhood Services  
Attachments: ORD_Northgate9  
Signed Resolution No. 140-23.pdf  
Exhibit A - Legal North Gate Blvd Add No 9  
Annex Plat North Gate Blvd Add No 9  
Planner Affidavit  
Surveyor Affidavit  
Staff Presentation_NorthgateAdd9  
StaffReport_Northgate ANEX  
Katelynn Wintz, Planning Supervisor, Planning and Neighborhood  
Services, presented the Ordinances annexing to the City the area known  
as North Gate Boulevard Addition No. 9 annexation consisting of  
1.37-acres and .55-acres located at North Gate Boulevard and Struthers  
Road intersection and provided an overview of the vicinity map.  
There were no comments on this item.  
Motion by Councilmember Avila, seconded by Councilmember Henjum, that the  
Ordinance annexing to the City of Colorado Springs that area known as North  
Gate Boulevard Addition No. 9 based upon the findings that the annexation  
complies with the Conditions for Annexation Criteria as set forth in City Code  
Section 7.6.203 be approved on first reading. The motion passed by a vote of  
8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
Woodmen Road Addition No. 2 Annexation Estimated Time: 15 minutes  
23-602  
12.C  
Ordinance No. 23-68 annexing to the City of Colorado Springs that area  
known as Woodmen Road Addition No. 2 annexation consisting of  
1.60-acres located northwest of Woodmen Road and Chapel Lane  
intersection.  
(Legislative)  
Presenter:  
Katelynn Wintz, Planning Supervisor, Planning and Neighborhood  
Services  
Peter Wysocki, Director, Planning and Neighborhood Services  
Attachments: ORD_Woodmen2  
Signed Resolution No. 141-23.pdf  
Exhibit A_WoodmenRoadAdd2_LegalDesc  
Annex Plat Woodmen Road Add 2  
Planner Affidavit  
Surveyor Affidavit  
Staff Presentation_Woodmen Addition 2  
StaffReport_WoodmenANEX  
Katelynn Wintz, Planning Supervisor, Planning and Neighborhood  
Services, presented the Ordinances annexing to the City the area known  
as Woodmen Road Addition No. 2 annexation consisting of 1.60-acres  
located northwest of Woodmen Road and Chapel Lane intersection. She  
provided an overview of the annexation process, vicinity map, project  
summary, site plan, public notice/engagement, and conditions for  
annexation.  
There were no comments on this item.  
Motion by President Pro Tem Crow-Iverson, seconded by Councilmember  
Donelson,that the Ordinance annexing to the City of Colorado Springs that area  
known as Woodmen Road Addition No. 2, based upon the findings that the  
annexation complies with the Conditions for Annexation Criteria as set forth in  
City Code Section 7.6.203 be approved on first reading. The motion passed by a  
vote of 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
Appeal of a City Planning Commission Decision Estimate Time: 30 minutes  
12.D. APPL-23-00 An appeal of City Planning Commission’s approval with conditions of a  
06  
Conditional Use to allow a carwash in the MX-M (Mixed-Use Medium  
Scale) zone district consisting of 1.91 acres located at 3924 Pony  
Tracks Drive.  
Quasi-Judicial  
Presenter:  
Tamara Baxter, Senior Planner, Planning + Neighborhood Services  
Peter Wysocki, Director, Planning + Neighborhood Services  
Attachments: CPC Staff Report_Autowash 3924 Pony Tracks  
CUDP-23-0014  
Autowash_appeal_of_a_city_planning_commission_deci  
Staff_Autowash 3924 Pony Tracks Dr_11.14.23  
Planning Commission Minutes  
Project Statement  
Public Comments  
Response to Public Comment  
CONTEXT MAP  
Staff_Autowash 3924 Pony Tracks Dr_10.9.23  
Tamara Baxter, Senior Planner, Planning and Neighborhood Services,  
presented the appeal of City Planning Commission's decision to approve  
with conditions of a Conditional Use to allow a carwash in the MX-M  
(Mixed-Use Medium Scale) zone district consisting of 1.91 acres located  
at 3924 Pony Tracks Drive She provided an overview of the context, vicinity  
map, project description, approval criteria, and proposed motions.  
Councilmember Donelson asked if the appeal is approved if the applicant  
could still move forward with the Development Plan. Ms. Baxter confirmed  
they could because the appeal is for the restrictions regarding the hours of  
operation.  
Paul Bautista, architect, representing the applicant, provided an overview  
of the vicinity map, similar existing site, view from Pony Tracks  
Road/Peterson Road/existing convenience and gas, example building,  
auto bay, pet wash, and other twenty-four-hour carwash/pet wash sites in  
the City located near residential homes.  
President Helms asked if the facility will be staffed twenty-four hours per  
day. Dennis Driesen, owner of the Autowash, representing the applicant,  
stated they have a twenty-four-hour phone support line with staffing during  
four to five hours per day.  
Councilmember Talarico asked how close the rear of the carwash is to a  
residential home. Mr. Bautista stated approximately 150 feet and there is a  
public street which separates the development.  
Councilmember Risley requested additional information as to why they  
should approve the appeal of the hours of operation restriction. Mr. Driesen  
explained that when the Planning Commission reduced the hours, it was  
under the premise that there were no -other twenty-four-hour carwash  
locations in the City so they are illustrating that there are many carwashes  
in the City using that model.  
Councilmember Avila asked how much revenue would be lost with the  
restricted hours. Mr. Driesen stated ten to fifteen percent.  
Councilmember Donelson asked how many twenty-four-hour carwashes  
are directly across the street from residential. Mr. Driesen stated  
approximately fifteen.  
President Helms asked how many vehicles per day, per location, use the  
carwash. Mr. Driesen stated approximately two hundred on average.  
Motion by Councilmember Donelson, seconded by Councilmember Henjum, to  
deny the appeal, thereby upholding the action of the City Planning Commission  
to approve the Autowash at 3924 Pony Tracks Drive Conditional Use, based on  
the findings that the application complies with the review criteria set forth in City  
Code Section 7.5.601, with the following conditions of approval, and that the  
appeal criteria found in City Code Section 7.5.416 are not met:  
· Limit hours of operation between 6:00 am to 11:00 pm  
· Illuminated signage shall not be visible to the residential development along  
Pony Tracks Drive.  
· Year-around landscape screening, such as evergreens a minimum of 8 feet in  
height, shall be provided along Pony Tracks Drive. If site utilities along Pony  
Tracks limit tree plantings, other screening methods will be required, such as a  
screen wall and robust shrub planting. This shall be determined at the time of  
the development plan review.  
· Permissible noise levels between residential and commercial zones shall not  
exceed City Code Section 9.8.104.  
· Exterior structure and site lighting shall be directed inward to the site and away  
from the resident development along the south of Pony Tracks Drive  
· A development plan application is necessary to be submitted for the future car  
wash which will be reviewed administratively. The motion passed by a vote of  
5-3-1-0  
5 - Donelson, Helms, Henjum, Leinweber, and Talarico  
3 - Avila, Crow-Iverson, and Risley  
1 - O'Malley  
Aye:  
No:  
Excused:  
Appeal of a City Planning Commission Decision Estimated Time: 2 hours  
12.E. APPL-23-00 An appeal of the Planning Commission decision to deny the CSU Wilson  
07  
Tank Height Increase Development Plan Major Modification.  
(Quasi-Judicial)  
Presenter:  
William Gray, Senior Planner, Planning + Neighborhood Services  
Peter Wysocki, Director, Planning + Neighborhood Services  
Attachments: Wilson Tank Major Modification Planning Commission Staff Report  
Notice of Appeal_ Wilson Tank Mjr Mod to Increase Height_10232023  
Planning Commission Minutes  
CC Staff Presentation_Wilson Tank Mjr Mod Appeal_WEG_11012023  
Vicinity Map  
Approval Letter  
Approved Development Plan  
Approved Final Plat  
DP Major Modification  
Project Statement  
Statement For Appeal  
Planning Comment Response  
Planning and Public Comment Response  
Wilson Tank Landscape Model  
Wilson Tank Renderings  
Geologic Hazard Study  
Wilson Reservoir and Pump Station Development Plan  
Mountain Shadows Master Plan  
Ordinance No. 93-25  
Notice and Order  
Public Comment  
Eugene and Jacqueline Gunn_Public Comment_CSU Wilson Tank  
Amd_08082023  
Flying W Ranch_Public Comment_CSU Wilson Tank Amd_08012023  
Katharine Heffner_Public Comment_CSU Wilson Tank  
Amd_08132023  
Kristine Land_Public Comment_CSU Wilson Tank Amd_08142023  
Lawrence Starr_DEPN-23-0157 Review Process Track_Public  
Comment_08092023  
Pre-Application Summary  
Starr Berdon Major Mod rejection 20231010  
StarrBerdon_Public Comment_CSU WilsonTank Amd_08092023  
Stop Work Demand on Wilson Tank  
Ward and Lori Garza_Public Comment_CSU Wilson Tank_08122023  
Ben Bolinger, Assistant City Attorney, City Attorney’s Office, polled City  
Council regarding any ex parte communications or site visits they wish to  
disclose, that they understand that their role as a director of Utilities and as  
a Councilmember for quasi-judicial official hearings are separate roles,  
and that they be fair and impartial and make the decision today based on  
the evidence presented at the hearing as it applies to the review criteria in  
the City Code. All Councilmembers responded with any ex parte  
communications/site visits they had and all stated they are able to make  
fair and impartial decisions with the exception of Councilmember Donelson  
who stated he has had a lot of ex parte communications starting with  
visiting with the owner of the Flying W Ranch who then sent an e-mail or call  
and let him know what was being built up there which was not what she  
expected so he told her he would ask the Colorado Springs Utilities (CSU)  
Chief Executive Officer to come up where they spoke again, and he also  
attended a neighborhood meeting which CSU hosted to answer questions  
for the neighborhood and at those different meetings, he gave an opinion at  
that time. He stated that even though he feels he can be fair and impartial,  
he wants to avoid even the appearance of impropriety and recused himself.  
He also clarified that it is not due to him being the Chair of the CSU Board.  
William Gray, Senior Planner, Planning and Neighborhood Services,  
presented the appeal of City Planning Commission's decision to deny the  
CSU Wilson Tank Height Increase Development Plan (DP) Major  
Modification. He provided an overview of the context, vicinity map, project  
description, approval criteria and proposed motions.  
Councilmember Leinweber asked if the tank had a flat roof or a domed  
roof. Mr. Gray stated it was a partially domed roof.  
Councilmember Henjum asked if the six proposed conditions of approval  
were recommended by the Planning Commission. Mr. Gray stated they  
were proposed by the Planning Department Staff after review of the  
application in order for the major modification application to meet the  
review criteria and read each of the conditions.  
Councilmember Henjum asked if trees could be purchased which are as  
tall as the existing trees. Mr. Gray stated it is not common, but they could  
be.  
Councilmember Henjum asked if prior to getting to the Planning  
Commission and the residents discovering that there was a discrepancy  
between what was approved and what was built, if there were there any  
elements of the process prior to that where City Planning should have done  
anything differently than what was done. Mr. Gray stated it would have been  
to catch it at the time of building permit review.  
Lisa Barbado, I am the officer of our system planning and projects division,  
provided an overview of the request, project background, site history,  
description, tank service area, new tank at same location, construction  
update, submittal timeline, public process, Planning Department Staff  
recommendation, Planning Department recommended conditions, Major  
Modification to development plan, Major Modification complies with the  
Unified Development Code (UDC) and all applicable City regulations,  
Major Modification does not create more adverse impacts on surrounding  
properties than the approved DP, Major Modification is consistent with the  
PlanCOS/neighborhood, and identified CSU process improvements.  
Councilmember Henjum asked if one year for approval of the development  
plan is typical for a project like this. Ms. Barbado explained the submittal  
process and Mr. Gray stated this application when it was submitted was a  
development plan and a final plat and it is typical for development plans  
with final plats to take anywhere from six months to twelve months and this  
application had a geohazard report that had to be reviewed, a drainage  
study that had to be reviewed and approved by stormwater, and also they  
were evaluating the compliance of the proposal with the criteria applicable  
to a project being proposed in the PF zone district and also located in the  
Wildland Urban Interface (WUI) and the Hillside Overlay, so time and care  
needs to be taken on these types of applications which going through the  
review process.  
Councilmember Henjum requested what role Pikes Peak Regional  
Building Department (PPRBD) played in the permitting process and if they  
had any awareness or recognition of the building height. Ms. Barbado  
stated they submitted the drawings through the PPRBD process which is  
submitted to City Planning department and that was with the plans which  
had the forty-five feet height, and the sixty-foot height was submitted  
through the PPRBD process at the building permit phase after they had  
hired a contractor so PPRBD approved a plan with a sixty foot tank height  
and they got a building permit issued by PPRBD with a sixty foot height  
limit.  
Councilmember Henjum asked why the Planning Department refer the  
second application to the Planning Commission. Peter Wysocki, Director,  
Planning and Neighborhood Services, stated given that this was a City  
Code compliance situation, a CSU issue, citizen concerns, and this was  
response to curing a violation of the development plan, he made a decision  
to defer it directly to the Planning Commission.  
Councilmember Leinweber asked if a big component regarding replacing  
the old tank was due to it have decaying posts in it that which was causing  
water quality issues and concern for public safety which led to getting rid of  
the posts resulting in the need to put a dome on it. Ms. Barbado confirmed  
it was.  
Councilmember Talarico asked what the plans for that for the old tank are  
and if a new geohazard study will need to be done due to it being made of  
steel. Ms. Barbado stated once the new tank is in service and tested, they  
will then be able to tear that tank down and there no there is no need for a  
geohazard study because they would just demolish the old tank.  
Citizens Butch Gunn, Jackie Gunn, Margaret Bogart, Diane Bell, William  
Bell, James Cara, Dorothy Macnak, and James Berdon ceded their time to  
Larry Starr who spoke in opposition to the project and provided an  
overview of the three criteria for reversal or modification (UDC  
7.5.415.A.2), criteria for Major Modification approval UDC  
7.5.516.D.1(a-c), Planning Commission made the correct decision deny  
Major Modification, CSU’s project timeline of events, key events not on  
timeline, CSU should have known the dome height was not four feet,  
timeline summary, impact of building plan error/height overage, example of  
a property with a water tank, and financial concerns.  
Harmon Zuckerman, Attorney, Frascona, Joiner, Goodman, and  
Greenstein, representing Larry Starr and Jim Berdon, stated he wrote a  
letter to City Staff requiring a work stoppage or the tank be brought into  
compliance with City Code and a week later the City did issue a stop work  
order which CSU appealed and applied for a Major Modification and then  
provided an overview of the legal perspectives of the matter.  
Councilmember Henjum asked Mr. Starr who at CSU told him it would be a  
four-foot dome. Mr. Starr stated a community outreach person told them it  
was originally going to be an inground tank or would only have a  
three-to-four-foot dome up until June 13, 2023.  
Councilmember Risley asked how the pictures from the timeline photos  
were obtained. Mr. Starr stated it was from his mounted camera  
overseeing his property.  
Citizens Bill Wysong, Genevieve Gustavson, Thad Zylka, Michael Crocker,  
Gerald Thurston, Leigh Ann Wolfe, Dana Duggan, Sharon De Halas, and  
Julia Owens spoke in opposition to the project.  
Councilmember Henjum asked why Mr. Wysong wanted to speak to City  
Council regarding why Councilmember Donelson recused himself. Mr.  
Wysong stated because he recused himself on grounds which were unfair  
for him to have to recuse himself.  
Ms. Barbado rebutted by saying CSU had a permit from Stormwater  
Enterprises to do the excavation on the grading, excavation, and control,  
the DP height during the building permit phase was only an estimate, they  
had multiple meetings with the public on the process, their landscape  
architect has said that they can obtain trees twenty-five to thirty-five feet tall,  
regardless if the tank is forty-five feet tall, it can been seen from Flying W  
Ranch, this tank cannot be built underground because hydraulically, it would  
not meet customer needs, there are five water tanks in the Broadmoor  
area, the renderings were not falsified, they were accurate and to scale,  
they had some missteps, but they met all the criteria of the UDC, and this is  
the best tank for the community long-term.  
Councilmember Risley asked if there was a plan to move the sixty-year-old  
water tank from one side of the site to the other and if CSU has recently  
built other sixty-foot-high water tanks to similar specifications. Ms. Barbado  
stated they had always intended to build the tank where was where it was  
because they must keep the existing tank in service, build a new tank, and  
then demolish the existing tank, so there was never an intent to move the  
existing tank, and they purchased that tank site in 1960 specifically to build  
water tanks. She stated for the allegation that they should have known the  
height of the tank because there are other tanks that utilities has built to a  
similar specification, there is a Mesa tank which is the same size of five  
million gallons, and it is sixty feet tall, but the reason they did not assume  
that that was going to be the size of this tank was there are several tank  
contractors and they did not know who they were going to contract with  
which was after they had submitted the DP.  
Councilmember Leinweber asked how water pressure is affected by the  
water tower height. Ms. Barbado stated they needed to maintain a water  
surface level of thirty-six feet in order to maintain the existing pressure to  
the area and the system.  
Councilmember Leinweber asked if the height of the walls of the tank would  
remain the same even if the tank was demolished and a new one was built.  
Ms. Barbado confirmed they would be.  
Councilmember Leinweber asked if there will be an additional berm  
added. Ms. Barbado stated some of the earlier renderings did reflect a  
berm, but that is not a requirement of the City, and the landscape architect  
did not think the trees would grow in a berm.  
Councilmember Avila asked when the tank was constructed. Ms. Barbado  
stated 1966.  
Councilmember Risley asked if the six potential conditions were offered by  
CSU as part of the modification to mitigate the height of the tank. Ms.  
Barbado confirmed they were.  
Councilmember Henjum requested additional information regarding the  
height which was submitted. Ms. Barbado stated their DP had a maximum  
height of forty-five feet as an estimated because they had not yet selected  
their contractor/vendor to give them the height and when they submitted  
their building permit, they had the correct height. She stated once they  
realized that there was a discrepancy, they submitted the Major  
Modification and City Planning recommended it for approval.  
Councilmember Henjum asked if construction continued after the work stop  
order was issued. Ms. Barbado stated because they had an approved  
building permit, they had every right to continue building the tank, but they  
did decide to stop work once the Major Modification was submitted to the  
Planning Commission.  
Councilmember Risley commented that City Council not only received a  
legal opinion regarding City Council’s role in hearing this matter from the  
City Attorney, but also from the attorney at Murray Weiner, but he defaults to  
the guidance of the City Attorney who represents City Council.  
Councilmember Risley stated in his opinion, the review criteria have been  
satisfied.  
Councilmember Henjum stated CSU employees are dedicated public  
servants who made a mistake which needs to be fixed. She stated she  
thinks the opposing attorney did an outstanding job of making a case that  
the criteria were not substantially met and will not be voting in favor of  
approving the appeal.  
Councilmember Leinweber stated CSU does such a good job delivering  
water to the City, he thinks there is some fault at the City level also, humans  
make mistakes, and he will be voting in favor of the appeal because he  
feels they need to move in a positive way with the City and feels the  
infrastructure costs that the City bears cannot be taken lightly.  
Councilmember Risley stated he thinks the culpability lies primarily with  
CSU, but also extends to the City Planning Department and PPRBD and  
they are working very hard to change the way the Planning Department  
presents land use items and communicating with constituents in order to  
improve accountability, communication, and transparency in the process.  
Councilmember Henjum asked that everyone use their empathy to try and  
put themselves in the other's position and to recognize what they are all  
trying to do to get through this life and when mistakes are made, they need  
to figure out how to fix it and rebuild trust.  
Motion by Councilmember Risley, seconded by Councilmember Leinweber, to  
approve the appeal and reverse the Planning Commission decision on the  
Wilson Tank Height Increase, based upon the finding that the review criteria for  
deciding on a major modification as set forth in City Code Section 7.5.516.D.1 are  
met with the following conditions:  
1. The size range of 25’ - 35’ listed for the larger Ponderosa Pine or Colorado  
Blue Spruce trees in the Plant Schedule under the Botanical/Common Name  
column that is contained on the Landscape Plan is revised to 25’ HGT. MIN. to  
match the Size/Cal. column.  
2. The designer of record for the Landscape Plan must be present at the nursery  
at the time the larger, 25 feet minimum height Ponderosa Pine or Colorado Blue  
Spruce trees are selected to document that the trees meet the minimum required  
height as specified by the Landscape Plan. This is to be documented by a  
photographic verification and written affidavit showing that each selected tree  
meets the minimum height before being planted.  
3. A height survey verification for the water storage tank is required to be  
provided from a licensed professional surveyor in the State of Colorado prior to  
any zoning final inspection.  
4. Financial Assurance shall be put in place for the Landscape Plan and  
Irrigation Plan improvements prior to any zoning final inspection.  
5. The water tank color is revised to Juniper Green.  
6. The landscape plan is revised to include six (6) additional 25 feet minimum  
height Ponderosa Pine or Colorado Blue Spring in the southwest corner of the  
site (see illustration on Page 11, City Planning Commission Staff Report). The  
motion passed by a vote of 5-2-1-1  
5 - Avila, Crow-Iverson, Helms, Leinweber, and Risley  
2 - Henjum, and Talarico  
1 - Donelson  
Aye:  
No:  
Recused:  
Excused:  
1 - O'Malley  
12.F. APPL-23-00 An appeal of the Planning Commission decision to deny the appeal of  
08  
the Notice of Violation and Order to Abate for the CSU Wilson Tank  
Development Plan.  
(Quasi-Judicial)  
Presenter:  
William Gray, Senior Planner, Planning and Neighborhood Services  
Peter Wysocki, Director, Planning and Neighborhood Services  
Attachments:  
Wilson Tank Notice and Order Appeal City Planning Commission Staff  
Report  
Wilson Tank Notice and Order  
Approval Letter  
Approved Development Plan  
Notice of Appeal_Notice and Order Wilson Tank Development Plan  
Planning Commission Minutes  
CC Staff Presentation_Wilson Tank Notice and Order  
Appeal_WEG_11012023  
Appeal Statement  
Stop Work Demand on Wilson Tank  
Notice and Order  
LES-StarrBerdon Appeal Comments APPL-23-0005  
Peter Wysocki, Director, Planning and Neighborhood Services, stated the  
Notice of Violation and Order to Abate is a moot point now because City  
Council approved the Major Modification, which was a method to cure  
compliance so there is no longer a violation.  
Motion by Councilmember Avila, seconded by Councilmember Risley, to  
withdraw the appeal of the Planning Commission decision to deny the appeal of  
the Notice of Violation and Order to Abate for the CSU Wilson Tank Development  
Plan. The motion passed by a vote of 7-0-1-1  
7 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico  
Aye:  
Recused:  
Excused:  
1 - Donelson  
1 - O'Malley  
13. Added Item Agenda  
There were no items added to the Agenda.  
14. Executive Session  
There was no Executive Session.  
15. Adjourn  
There being no further business to come before City Council, President  
Helms adjourned the meeting at 7:05 PM.  
Sarah B. Johnson, City Clerk