City Hall

107 N. Nevada Avenue

Colorado Springs, CO

80903

City of Colorado Springs

Meeting Minutes

City Council

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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, August 27, 2024

10:00 AM

Council Chambers

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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 10:00 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

2. Invocation and Pledge of Allegiance

The Invocation was made by William Norris from the Bible Mission Church.

President Helms led the Pledge of Allegiance.

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:

4B. First Presentation:

24-465

4B.A.

City Council Regular Meeting Minutes August 13, 2024

Presenter:

Sarah B. Johnson, City Clerk

Attachments: 8-13-2024 City Council Meeting Minutes Final

The Minutes were approved on the Consent Calendar.

24-393

4B.B.

A Resolution of the City of Colorado Springs approving a Service Plan

for the Ovation Metropolitan District serving an area consisting of 60.28

acres generally located south of the intersection of Powers and

Interquest Boulevard, east of Kettle Creek, and north of Old Ranch Road.

Presenter:

Allison Stocker AICP, Planner II, Planning and Community Development

Department

Kevin Walker, Interim Planning and Community Development Director

Attachments: Ovation District - Resolution - 9.11.2024

Cover Letter - Ovation MD 7-9-2024

Ovation full submittal - Final 7-16-2024

Ovation Service Plan - Final 7-16-2024

Ovation MD Director Parcel and FIA(9062126.1)

Ovation MD District Disclosure

Ovation_Budget_Committee_PPT_WorkSession

Ovation_Resolution_Hearing_PPT_20240924

This Resolution was adopted on the Consent Calendar.

4B.C. UVAR-24-00 A Use Variance request to allow a light industrial land use within the

MX-L UV (Mixed-Use Large Scale - with a Use Variance on file) zone

district consisting of 10,916 square feet located at 2732 W. Colorado

Ave.

Presenter:

Johnny Malpica, Planner II, Planning + Neighborhood Services

Kevin Walker, Director, Planning + Neighborhood Services

Attachments: Optical Engines Use Variance - Staff Report - JPM

Attachment 1 - Use Variance Development Plan

Attachment 2 - Project Statement

Optical Engines - Council Staff Presentation - JPM

Optical Engines - CPC Staff Presentation - JPM

7.5.527 USE VARIANCE

This Item was approved on the Consent Calendar.

Approval of the Consent Agenda

Motion by Councilmember Talarico, seconded by President Pro Tem

Crow-Iverson, 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 9-0-0-0

9 -

Aye:

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

and Talarico

5. Recognitions

24-459

5.A.

A Resolution recognizing September 2024 as National Service Dog

Month

Presenter:

Yolanda Avila, Councilmember District 4

Attachments: National Service Dog Month

Councilmember Avila read the Resolution recognizing September 2024 as

National Service Dog Month.

Councilmember Avila introduced her service dog, Puma, and spoke about

how he assists her.

Laurel Prud'homme, Volunteer Puppy Trainer, Canine Companions, and

Holly Niewinski, Leader, Local Guide Dogs for the Blind, provided an

overview of the service dogs they have trained to serve those who need

them.

Motion by Councilmember Henjum, seconded by Councilmember Talarico, that

the Resolution recognizing September 2024 as National Service Dog Month be

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

9 -

Aye:

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

Talarico

24-460

5.B.

A Joint Proclamation recognizing September 2024 as Suicide

Prevention Month

Presenter:

David Leinweber, Councilmember At Large

Mayor Yemi Mobolade

Attachments: Suicide Prevention Month

Councilmember Leinweber recognized Abbie Mobolade and Thomas

Thompson for the efforts toward suicide prevention and provided statistics

of the number of suicides and mental health issues in the community. He

provided an overview of the 1,000 Neighborhoods Gatherings initiatives,

the 988 Suicide and Crisis Lifeline, spoke about the importance of making

suicide prevention a priority in the community, and read the Joint

Proclamation recognizing September 2024 as Suicide Prevention Month.

Cass Walton, Co-Chair, Suicide Prevention Collaborative, requested City

Council host a QPR suicide prevention training course, spoke about

making self-care a priority, and expressed appreciation for the

Proclamation.

Joanne Dreher, Silver Key Silver Services, spoke about her personal

experience with a family member’s struggle with mental health and

alcoholism.

24-469

5.C.

City Council Appointments to Boards, Commissions, and Committees

Presenter:

Randy Helms, Council President and Councilmember District 2

Attachments: 08272024 Boards Commissions and Committee Appointments

President Helms presented the City Council Appointments to Boards,

Commissions, and Committees.

Presidents Helms requested additional information regarding the Initiative

Review Committee. Sarah B. Johnson, City Clerk, explained the functions

of the IRC as it relates to a citizen-initiated petition to put a question on the

ballot.

Motion by Councilmember Henjum, seconded by Councilmember Talarico, that

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

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

9 -

Aye:

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

Talarico

6. Mayor's Business

There was no Mayor’s Business.

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

Former Council President Don Knight and Former Council President Tom

Strand recognized Sarah B. Johnson, City Clerk, for her outstanding

achievements, expressed appreciation for her and her service to the

community, and presented her with the Commonwealth of Kentucky

Governor Andy Beshear Kentucky Colonel recognition.

Citizen Tymm Hoffman spoke about the defamation of his character and

threats to his family he received due to his nomination to the Law

Enforcement Transparency Committee (LETAC).

Citizen Tim Hoiles, and Lisa Bigelow spoke about the need for a ballot

question regarding building height limits.

Citizen Dallas White Wolf spoke about the Warriors of Light 719 and God.

Citizen Andrew Dalby spoke against the alleged corruption of the Unites

States Olympic Committee.

Citizens Karen Myers, Janine Sledz, Chris Mendrop, Cheree Hutchison,

Mary Bruning, Jerry McLaughlin, Jakie Beard, Cheryl Boys, Jeffrey Cramer,

Sheryl Hobbs, Kathy Greenberg, Murray Relf, Craig Steiner, Aaron Moore,

Chip Green, Bob Alexander, Catherine Bullock, Barry Weinert, Danielle

Frye, Sarah Falis, Chris Cane, Steve Waskow, Kat Gayle, Sherry

Hochseter, Sarah Markham, Kent Jensen, Bruce Beauvais, Shannon

Moore, Karol Gates, Dana Duggan, and Millie Jenkins spoke in opposition

of the noise of the Ford Amphitheater.

Councilmember Donelson requested additional information regarding the

Noise Hardship Permit. Jamie Fabos, Chief of Staff, provided a brief

overview of the permit and stated City staff will be meeting with the owners

of the amphitheater tomorrow morning, August 28, 2024, to discuss the

citizen’s concerns.

Bob Mudd, President and Chief Operating Officer, VENU, Notes Live,

representing the Ford Amphitheater provided an overview of the feedback

they have received and how they are addressing concerns regarding the

noise levels so they can be a good neighbor to the community.

President Helms stated he has experienced the sound levels which the

citizens have concerns with and there needs to be additional sound

mitigation

Councilmember Donelson asked if any concerts have gone on past

midnight, Mr. Mudd stated they have not. President Helms stated the latest

he observed was 11:07 PM.

Councilmember Henjum spoke about the emails she received regarding

the noise levels of the amphitheater and asked how they will reduce the

sound levels. Mr. Mudd stated he and JW Roth are committed to being a

good neighbor. Councilmember Henjum requested acknowledgement from

the venue that this has harmed people, the noise decibel levels be

reduced, additional sound monitors be added, and there be someone

available at Notes Live to take the calls of the citizens being affected.

Councilmember Leinweber asked why the Hardship Permit is needed now

when it was not addressed when the amphitheater was originally presented

to City Council. Mr. Mudd stated there was an accurate sound study

conducted which is consistent with the actual Decibels A (dBA) produced.

Councilmember Donelson asked Mr. Mudd if he would commit to not

having fireworks at the amphitheater going forward. Mr. Mudd stated that is

currently be considered to not be a regular occurrence.

Councilmember Donelson asked if the wall will be wrapped completely

around the venue. Mr. Mudd stated they have assessed the measurements

and neighborhood feedback, and they will continue to look at possibilities,

but they cannot make any commitments of such nature.

Councilmember Donelson stated he believes the City should add the

additional sound monitors.

Councilmember Donelson asked what changes the citizens can expect

going forward. Mr. Mudd stated they are committed to being good

neighbors.

Ms. Fabos stated what they are discussing today is neighborhood

experiences versus data-based experience and the impacts are changed

by weather, wind, bass, and tenor of the concerts, they will be meeting with

Notes Live, and identified the requirements of the Noise Hardship Permit.

Councilmember Donelson asked if the City would consider installing their

own sound monitoring devices. Ms. Fabos stated they will consider that,

and Code Enforcement Officers currently carry portable sound monitoring

devices. Councilmember Donelson stated there needs to be permanently

installed monitors.

Councilmember Henjum stated taxpayers should not be responsible for

paying for these sound monitors, it should be the responsibility of Notes

Live.

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

24-396

10.A.

Ordinance No. 24-86 Submitting A Charter Amendment To The

Registered Electors Of The City Of Colorado Springs, Colorado, At The

Coordinated Election Conducted By Mail Ballot To Be Held On

November 5, 2024, Adding A New Section 15-130 Of The City Charter

Prohibiting Retail Marijuana Establishments

Presenter:

Lynette Crow-Iverson, President Pro Tem and Councilmember At Large

Attachments: CO Springs rec mj charter ordinance_07.17.2024.docx

Tanya Garduno, Southern Colorado Cannabis Council, spoke in opposition

of the proposed Ordinance.

Councilmember Henjum read a letter submitted by the Colorado Springs

Cannabis Association.

Councilmember Henjum stated she feels the voters should decide and will

be voting no on this Charter amendment.

Councilmember Donelson asked if the City will be spending one million

dollars on this ballot initiative. Ben Bolinger, Corporate Division Chief,

Office of the City Attorney, stated there are a few de minimis things the City

can do, but certainly not a million dollars’ worth of City resources would be

used and read City Code Section 5.2.304 Permitted Uses of City

Resources.

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

Leinweber, that the Ordinance Submitting a Charter Amendment to the

Registered Electors of the City of Colorado Springs, Colorado, at the Coordinated

Election conducted by mail ballot to be held on November 5, 2024, adding a new

Section 15-130 of the City Charter prohibiting retail marijuana establishments be

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

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

2 - Avila, and Henjum

Aye:

No:

24-277

10.B.

Ordinance No. 24-87 of the City of Colorado Springs determining it is

necessary to establish the Old Colorado City Downtown Development

Authority and submitting a question of creating the Old Colorado City

Downtown Development Authority, a question of establishing an ad

valorem tax mill levy at a rate not to exceed five mills within the

boundaries of said district, a question of exempting revenues collected

for the Old Colorado City Downtown Development Authority from Article

X, Section 20 of the Colorado Constitution, Section 7-90 of the Charter

of the City of Colorado Springs, and statutory revenue limitations, and a

question of authorizing the issuance of debt for the Old Colorado City

Downtown Development Authority by the City of Colorado Springs at the

election on November 5, 2024, and authorizing certain other actions

concerning the election, determining organizational aspects of the Old

Colorado City Downtown Development Authority Board, and providing

other details related thereto.

Presenter:

Jamie Giellis, President, Centro Inc.

Attachments: ORD_Old Colorado City DDA-Creation

OCC DDA Presentation for City Council - FINAL June13-24

Signed Ordinance No. 24-87.pdf

Citizen Christine Vanwert spoke in opposition to the proposed Ordinance.

Citizens Rebecca Powell and Justin Trudeau spoke in support of the

proposed Ordinance.

Councilmember O’Malley asked if impacted citizens received notice of this

proposed Old Colorado City (OCC) Downtown Development Authority

(DDA). Jamie Giellis, President, Centro Inc., OCC Partnership, stated they

did two rounds of postcard mailings to registered property owners and

registered voters for an area much larger than the currently proposed OCC

DDA boundary and there was also a notification for the public hearing.

Councilmember O’Malley asked who sent out the notifications. Ms. Giellis

stated the City noticed the public hearing and Centro, Inc. sent out the

postcards. Nicole Peykov, Spencer Fane, LLP, representing the OCC

Partnership, stated the public hearing notices for the first and second

readings of the Ordinance was published on behalf of the City Clerk’s

Office by Centro, Inc.

Councilmember O’Malley asked why the City does not utilize the DDA it

already has. Ms. Giellis stated state statute dictates that they cannot

expand an existing district unless they do it one parcel at a time.

President Helms asked if this is another level of paid government in which

nothing will be done with the revenue. Ms. Giellis stated this is considered

a quasi-governmental local management structures which allows local

revenues to be generated and reinvested at the direction of the

stakeholders in that area as well as an accountability with the City.

President Helms asked if the City’s Economic Development Department

can help Ms. Vanwert. Ms. Giellis stated they have discussed targeted

programs to address issues of that area.

President Helms asked if Ms. Geillis would speak with Ms. Vanwert to help

her understand the proposed DDA. Ms. Giellis confirmed she would.

Councilmember Donelson asked if the majority of voters are business

owners or residential. Ms. Giellis stated the residential voters are the

majority, there are 250 residential properties which represent

approximately 700 registered voters, 350 commercial properties, and 425

businesses eligible to vote. She stated businesses will need to complete a

designation of elector form.

Councilmember Donelson asked if a majority of residential properties are

rental units or Airbnb properties. Ms. Giellis confirmed they believe they are

along Colorado Avenue.

Councilmember Donelson asked if citizens will be confused by receiving

two ballots with one being for the presidential election. Ms. Giellis stated

they are geared up to start voter education and outreach.

Councilmember Donelson asked why this cannot be done voluntarily. Ms.

Giellis stated they have been working as a volunteer organization for a long

time, they are tired of trying to generate funding and volunteers to do the

work, and they are seeking a more sustainable structure.

Councilmember Leinweber asked if all the parcels impacted have a

Colorado Avenue address. Ms. Giellis confirmed they do with two

exceptions of the OCC court area and the gateway area.

Councilmember Leinweber stated that this area is very mixed-use with both

residential and commercial. Ms. Giellis confirmed that it is a very

complicated piece of road.

Councilmember O’Malley asked if Ms. Giellis is paid from the five mills. Ms.

Giellis stated she is not paid by the five mills; she is paid by the OCC

Partnership through a fundraising campaign, and she does not expect any

compensation after the election except to provide guidance for the few first

days after the election.

Motion by Councilmember Talarico, seconded by Councilmember Avila, that the

Ordinance No. 24-87 allowing the questions to be put before the electorate within

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

7 - Avila, Crow-Iverson, Helms, Henjum, Leinweber, Risley, and Talarico

2 - Donelson, and O'Malley

Aye:

No:

11. New Business

24-477

11.A.

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

Colorado Springs, Colorado, at the special municipal election to be held

as part of the general election on Tuesday, November 5, 2024, a ballot

question on an initiated ordinance authorizing the regulation of and

repealing the prohibition against retail/recreational marijuana

establishments

Presenter:

Sarah B. Johnson, City Clerk

Attachments: MJBallotReferralRES-2024-08-26.pdf

Statement of Sufficiency IO 2024-001 (2024-08-22).pdf

Sarah B. Johnson, City Clerk, presented the Resolution submitting to the

registered qualified electors of the City at the special municipal election to

be held as part of the general election on Tuesday, November 5, 2024, a

ballot question on an initiated ordinance authorizing the regulation of and

repealing the prohibition against retail/recreational marijuana

establishments. She stated per City Charter, the City Clerk’s Office

reviewed the citizen-initiated petition signatures, which is now deemed

sufficient, and the City Council shall either refer to the ballot or adopt the

initiated Ordinance as submitted.

President Pro Tem Crow-Iverson and President Helms stated they will be

voting to refer it to the ballot but will not be voting in favor of the ballot

question.

Councilmember Donelson asked if City Council is required by law to either

pass the Ordinance or refer it to the ballot. Ben Bolinger, Corporate

Division Chief, Office of the City Attorney, confirmed it is.

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

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

Springs, Colorado, at the special municipal election to be held as part of the

general election on Tuesday, November 5, 2024, a ballot question on an initiated

ordinance authorizing the regulation of and repealing the prohibition against

retail/recreational marijuana establishments be adopted. The motion passed by a

vote of 7-2-0-0

7 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, and Talarico

2 - O'Malley, and Risley

Aye:

No:

12. Public Hearing

12.A. ANEX-22-00 A Resolution finding a petition for annexation of the area known as Park

02R Vista Addition No. 10 Annexation consisting of 2.18 acres to be in

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

hearing date of October 8, 2024 for the Colorado Springs City Council to

consider the annexation of the area.

(Legislative)

Presenter:

Gabe Sevigny, Planning Supervisor, Planning and Neighborhood

Services

Kevin Walker, Interim Planning and Neighborhood Services Director

Attachments: Resolution Setting Hearing Date - Park Vista Addition No 10

Exhibit A - Petition

Memo to Clerk to Advertise - Park Vista Addition No 10

PUBLIC NOTICE_Park Vista Addition No 10

EXHIBIT 12B - City Clerk Affidavit - Park Vista Addition No 10

Vicinity Map

Gabe Sevigny, Planning Supervisor, Planning and Neighborhood Services,

presented the Resolution finding a petition for annexation of the area

known as Park Vista Addition No. 10 Annexation consisting of 2.18 acres

to be in substantial compliance with section 31-12-107(1), C.R.S. and

setting a hearing date of October 8, 2024 for the City Council to consider

the annexation of the area.

There were no comments on this item.

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

this Resolution be adopted Move to approve the resolution finding the petition for

annexation to be in substantial compliance with C.R.S. Section 31-12-107(1),

setting the hearing date of October 8, 2024 for consideration of the Park Vista

Addition No. 10 Annexation, and directing the Clerk to provide notice in accord

with C.R.S. section 31-12-108.<br /><br /> The motion passed by a vote of

9 -

Aye:

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

Talarico

24-395

12.B.

A Resolution of the City of Colorado Springs approving a Service Plan

for the Percheron Park and Recreation District located in the north

portion of Banning Lewis Ranch on the north and south sides of

Woodmen Road.

Presenter:

Kyle Fenner, Senior Planner, Planning and Neighborhood Services

Kevin Walker, Interim Planning and Neighborhood Services Director

Attachments: Resolution_Percheron Parks and Recreation District

Cover Letter - Percheron Regional Park and Recreation District

Percheron Park Rec District Draft Service Plan_REDLINE

Percheron Park Rec District Draft Service Plan_CLEAN

Example Builder Disclosure

Exhibit A_Percheron Initial Boundaries

Exhibit B_Percheron Vicinity Map

Exhibit C (1-2)_Initial & Future Inclusion Map

Exhibit D (1-3)_Summary of Public Improvements Financed

Exhibit E_Description of Permitted Services

Applicant Presentation Percheron Park and Recreation District

Staff PowerPoint Percheron Park and Recreation District CITY

COUNCIL

Staff PowerPoint Percheron Park and Recreation District

Kyle Fenner, Senior Planner, Planning and Neighborhood Services,

presented the Resolution of the City of Colorado Springs approving a

Service Plan for the Percheron Park and Recreation District located in the

north portion of Banning Lewis Ranch on the north and south sides of

Woodmen Road. She provided an overview of the Service Plan, District

Policy/Service Plan status, proposed exceptions, vicinity map, and next

steps.

Nicole Peykov, Spencer Fane, LLP, representing the applicant, identified

the district location, district boundaries, park and recreation district

information, model Service Plan, deviations, proposed park and recreation

improvements, public improvement cost estimates, financial plan,

development summary projection for residential/commercial, bond

structure/parameters, and conditions for approval.

Councilmember Henjum asked if the mills would change if the valuation of

the homes increase from the estimated $600,000 to $850,000 in three

years. Ms. Peykov stated the mills will not change unless the district

decides to do so, but the amount of property tax revenue would increase.

Councilmember Henjum asked if the district could raise the mill levy in

2028-2029. Ms. Peykov stated they could not raise it above ten mills unless

the states changes the residential or commercial property tax assessment

rate to remain tax neutral. Tim Siebert, Nor’Wood Development Group,

representing the applicant, stated the Model Service Plan language allows

the base year plan to fluctuate so there is constant revenue to pay down the

debt and the district also has the ability to vote to decrease the mills.

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

the Resolution of the City of Colorado Springs approving a Service Plan for the

Percheron Park and Recreation District consisting of 681 acres located north and

south of Woodmen Road at Banning Lewis Parkway be adopted. The motion

passed by a vote of 8-1-0-0

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

1 - Henjum

Aye:

No:

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 4:27 PM.

Sarah B. Johnson, City Clerk