City Hall  
107 N. Nevada Avenue  
Colorado Springs, CO  
80903  
City of Colorado Springs  
Meeting Minutes  
City Council  
City Council meetings are broadcast live on Channel 18. In  
accordance with the ADA, anyone requiring an auxiliary aid to  
participate in this meeting should make the request as soon as  
possible but no later than 48 hours before the scheduled event.  
Documents created by third parties may not meet all  
accessibility criteria.  
Tuesday, October 8, 2024  
10:00 AM  
Council Chambers  
How to Watch the Meeting  
Coloradosprings.gov/springstv | Facebook Live: Colorado Springs City Council  
Facebook Page @coscity Council | SPRINGS TV - Comcast Channel 18 / 880 (HD)  
- Stratus IQ Channel 76 / 99 (Streaming)  
How to Comment on Agenda Items  
Before the meeting, you may email general comments for items not on the agenda or  
comments regarding agenda items to: allcouncil@coloradosprings.gov  
During the meeting, those who wish to comment should submit their name, telephone number,  
and the topic or agenda item for comment via allcouncil@coloradosprings.gov in addition to  
calling +1 720-617-3426 United States, Denver (Toll) and entering this Conference ID: 928  
301 605#  
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.  
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:  
2. Invocation and Pledge of Allegiance  
The Invocation was made by Katharine Sanchez from the Congregation  
Care and Outreach Pastor with New Life Church - Downtown.  
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:  
4B.A.  
City Council Regular Meeting Minutes September 24, 2024  
Presenter:  
Sarah B. Johnson, City Clerk  
The Minutes were approved on the Consent Calendar.  
4B.B.  
Quarterly Recognition for City Employee Retirees.  
Presenter:  
Britt Haley, Parks, Rec, & Cultural Services Director, Parks, Rec &  
Cultural Services.  
This Item was approved on the Consent Calendar.  
4B.C.  
A Resolution Authorizing the Use of Possession and Use and/or Eminent  
Domain to Acquire Property Needed for the Park Vista Drainage  
Channel Improvements Project  
Presenter:  
Adam Copper, Senior Engineer, Stormwater Enterprise  
Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director  
Kellie Billingsley, Real Estate Services Manager  
This Resolution was adopted on the Consent Calendar.  
4B.D.  
A Resolution Authorizing the Use of Possession and Use and/or Eminent  
Domain to Acquire Certain Easements Needed for the I-25  
Ramps/Nevada Tejon Corridor Improvements Project  
Presenter:  
Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director  
Kellie Billingsley, Real Estate Services Manager  
This Resolution was adopted on the Consent Calendar.  
4B.E.  
An ordinance including certain property into the boundaries of the Gold  
Hill North Business Improvement District  
(Legislative)  
Presenter:  
Kyle Fenner, Senior Planner, Planning and Neighborhood Services  
Kevin Walker, Interim Director, Planning and Neighborhood Services  
Attachments: Cover Letter  
This Ordinance was approved on first reading on the Consent Calendar.  
4B.F.  
An ordinance excluding certain property from the boundaries of the Gold  
Hill North Business Improvement District  
(Legislative)  
Presenter:  
Kyle Fenner, Senior Planner, Planning and Neighborhood Services  
Department  
Kevin Walker, Interim Director, Planning and Neighborhood Services  
Attachments: Cover Letter  
This Ordinance was approved on first reading on the Consent Calendar.  
4B.G.  
A Resolution of the City Council of the City of Colorado Springs,  
Colorado approving the issuance of tax supported and special revenue  
bonds by the Gold Hill North Business Improvement District  
(Legislative)  
Presenter:  
Kyle Fenner, Senior Planner, Planning and Neighborhood Services  
Kevin Walker, Interim Director, Planning and Neighborhood Services  
This Resolution was adopted on the Consent Calendar.  
4B.H.  
An Ordinance amending Section 2(A) of Ordinance No. 23-64, 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 Prescribing The Salary Of The City Attorney.  
Presenter:  
Myra Romero, Chief Human Resources and Risk Officer  
This Ordinance was approved on first reading on the Consent Calendar.  
4B.I.  
A Resolution Approving the Third Amended and Restated  
Intergovernmental Agreement for the Pikes Peak Rural Transportation  
Authority Funded Capital Projects, Maintenance Programs and  
City-Sponsored Transit Activities  
Presenter:  
Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director  
Ryan Phipps, PE, Engineering Program Manager, Capital Projects  
This Resolution was adopted on the Consent Calendar.  
Approval of the Consent Agenda  
Motion by Councilmember Henjum, 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 8-0-1-0  
8 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, Risley, and Talarico  
1 - O'Malley  
Aye:  
Excused:  
5. Recognitions  
5.A.  
A Resolution supporting October 2024 as Fire Prevention Month in the  
City of Colorado Springs  
Presenter:  
Randy Helms, Council President and Councilmember District 2  
Sunny Smaldino, Community Education and Outreach Supervisor,  
Colorado Springs Fire Department  
President Helms read the Resolution to support October 2024 as Fire  
Prevention Month and stated his family’s home burned down when he was  
younger and expressed the importance of fire safety in the home.  
Bret Lacey, Fire Marshal, Colorado Springs Fire Department (CSFD),  
recognized the group of community outreach and educators who work to  
make the City safer and presented a brief background on the origin of Fire  
Prevention Month and stated the theme of this year’s Fire Prevention Month  
is ““Smoke alarms: Make them work for you,” serves to remind everyone of  
the importance of having working smoke alarms and carbon monoxide in  
the home.  
Councilmember Leinweber requested additional information regarding the  
dangers of lithium-ion batteries. Fire Marshal Lacey provided a brief  
overview of the dangers of lithium-ion batteries and how to dispose of them  
safely.  
Councilmember Henjum asked how to address fire alarm devices who  
have failing batteries and moths who set them off. Marshal Lacey stated to  
use a vacuum wand on them and to change their batteries annually.  
Motion by President Pro Tem Crow-Iverson, seconded by Councilmember  
Henjum, that the Resolution to support October 2024 as Fire Prevention Month in  
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:  
5.B.  
A Resolution in recognition of National Disability Employment  
Awareness Month, October 2024.  
Presenter:  
Yolanda Avila, Councilmember District 4  
Danielle Delgado, Human Resources Manager  
Councilmember Avila read a Resolution recognizing October 2024 as  
National Disability Employment Awareness Month.  
Indy Frazee, Chief Executive Officer, The Independent Center, provided an  
overview of The Independent Center, identified the employment statistics  
for individuals with disabilities, and spoke about the benefits related to the  
employment of those with disabilities.  
Tyler Voss, The Independent Center, identified his experience contributing  
to the workforce as a blind person.  
Erica Rosario, The Independent Center, spoke about her struggles with an  
invisible disability and how she is still able to make a difference in the  
workplace.  
Danielle Delgado, Human Resources Manager, identified the role of the  
City regarding Americans with Disabilities (ADA).  
Councilmember Henjum highlighted Councilmember Avila’s interview by  
the Colorado Springs Independent.  
Motion by Councilmember Henjum, seconded by Councilmember Talarico, that  
the Resolution in recognition of National Disability Employment Awareness  
Month, October 2024 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:  
5.C.  
A Resolution recognizing October 2024 as National Cybersecurity  
Awareness Month  
Presenter:  
Nancy Henjum, Councilmember District 5  
Councilmember Henjum explained how important cybersecurity is and read  
a Resolution recognizing October 2024 as Cyber Security Awareness  
Month.  
Mary Weeks, Chief Information Officer, Information Technology (IT), and  
Frank Swanson, Manager, Cyber Security, identified some of the ways in  
which the City implements cybersecurity to keep information safe and  
secure and recommended ways individuals can be cybersecure in their  
personal lives.  
Councilmember Avila expressed appreciation for Ms. Weeks and the IT  
Department team.  
Motion by Councilmember Henjum, seconded by Councilmember Risley, that the  
Resolution recognizing October 2025 as National Cybersecurity Awareness Month  
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:  
5.D.  
City Council Appointments to Boards, Commissions, and Committees  
Presenter:  
Randy Helms, Council President and Councilmember District 2  
President Helms presented the City Council Appointments to Boards,  
Commissions, and Committees.  
Councilmember Donelson asked if Samuel Clark was an alternate on the  
Downtown Review Board. Ayana Garcia, Program Administrator, Boards,  
Commissions, and Committees stated he was not, he applied and was  
appointed as a voting board member through an application process due  
to a need to fill an unexpired term due to a resignation. Michael  
Montgomery, Deputy City Council Administrator, stated the appointments  
are done by the Downtown Development Authority (DDA).  
Councilmember Donelson requested this item be bifurcated. Consensus of  
Council agreed to Councilmember Donelson's request.  
Councilmember Henjum and Councilmember Talarico stated Mr. Clark is  
very well regarded and they respect the decision of the DDA to appoint him  
to the board.  
Motion by Councilmember Avila, seconded by Councilmember Henjum, that  
appointment of Samuel Clark to the Downtown Development Authority be  
approved. 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:  
Motion by Councilmember Leinweber, seconded by Councilmember Talarico,  
that the appointment Amanda Gigiano to the 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:  
6. Mayor's Business  
Councilmember Leinweber requested a ten-minute recess to support the  
Mayor’s announcement which was taking place on the steps of City Hall  
that they have acquired funding and the Veteran’s Parade will take place  
on Saturday, November 9, 2024. Consensus of Council agreed to  
Councilmember Leinweber's request.  
7. Citizen Discussion For Items Not On Today's Agenda  
Citizens Shanity Velasquez, ceded their time to Heather McBroom,  
Executive Director, Thrive Networks, and Zeta Velasquez ceded their time  
to Felipe Velasquez, Felipe’s 109, who both spoke about the effects the  
construction of the South Academy Boulevard project has been having on  
businesses for over a year and requested the City allocate $1.5 million  
emergency grant relief to those businesses.  
Citizen Ethan Jacobs spoke against the noise he is experiencing in his  
apartment from the train horns.  
Citizen Dee Thornhill ceded their time to David Thornhill who requested  
assistance for his daughter who is experiencing homeless.  
Citizens Dave Illsley, Matthew Grubisic, and Kat Gayle spoke about the  
Ford Amphitheater open house and said there was zero commitment to  
mitigate the noise.  
Citizen Brett Dayberry spoke about his encounter with undocumented  
immigrants from Venezuela.  
Citizen Jim Coonradt spoke about a cockroach infestation at his  
apartment.  
Citizen Dallas Whitewolf, Warriors of Light 719, spoke about the attributes  
of mastery and peace.  
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  
There was no Unfinished Business.  
11. New Business  
11.A.  
A resolution including certain property into the boundaries of the  
Waterview North Metropolitan District Nos. 1 & 2  
(Legislative)  
Presenter:  
Kyle Fenner, Senior Planner, Planning and Neighborhood Services  
Department  
Kyle Fenner, Senior Planner, Planning and Neighborhood Services,  
presented the Resolution including certain property into the boundaries of  
the Waterview North Metropolitan District Nos. 1 and 2. She provided an  
overview of the background of the districts, location, summary of inclusions,  
existing boundaries, proposed inclusions, Colorado Revised Statutes Title  
32, outside review, and staff recommendation.  
Councilmember Henjum asked if the district needs a budget for their  
Service Plan to add fire infrastructure. Ms. Fenner stated that will be written  
into their cash flow model in their 2025 budget.  
Councilmember Donelson asked how many acres are proposed to be  
included. Ms. Fenner stated approximately 12-acres.  
Councilmember Donelson asked if the property is owned by one owner.  
Ms. Fenner confirmed it is.  
Motion by Councilmember Leinweber, seconded by Councilmember Talarico,  
that the Resolution including certain property into the boundaries of the  
Waterview North Metropolitan Districts Nos 1 & 2 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:  
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 2025  
budget  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Sally Hybl, Chair, LART Citizens’ Advisory Committee  
Councilmember Leinweber recused himself due to him being the founder  
and his wife being the Executive Director of the Pikes Peak Outdoor  
Recreation Alliance (PPORA) which is one of the recipients of funding from  
the Lodgers and Automobile Rental Tax (LART) fund.  
Charae McDaniel, Chief Financial Officer, presented the Resolution  
accepting and endorsing recommended expenditures from the LART  
special fund for inclusion in the 2025 budget. She stated the LART fund is a  
separate revenue fund from the City’s General Fund and the purpose of the  
fund, which is stated in City Code is that this tax shall be used to attract  
visitors and to enhance the economy of the City and the Pikes Peak  
Region. Ms. McDaniel stated the revenue that comes into this fund is a two  
percent tax on all lodging stays and one percent tax on all auto rentals  
which amounts to approximately $10 million per year and gets allocated out  
to attract visitors and enhance the economy with approximately seventy-five  
percent going to pay contracts for enhancement of the economy and  
attraction of visitors to the region and the remaining twenty-five percent of it  
is considered by the Citizen Advisory Committee. The Citizen Advisory  
Committee is a Council committee of citizens who comes together to  
solicit applications for the LART funds, they review those applications, and  
provide recommendations to the City Council of events to be funded in the  
2025 budget.  
Sally Hybl, Chair, LART Citizen Advisory Committee, provided a brief  
overview of the process in which they review applications with the purpose  
to make recommendations to City Council concerning the expenditures of  
the LART fund, which they take very seriously, with the purpose to attract  
visitors and to enhance the economy of the City and the Pikes Peak  
Region. She stated for this cycle, they received eighty-seven applications  
requesting over $7.6 million and the available funds only totaled $2.2  
million.  
Councilmember Donelson asked if there was a correlation between the  
amount an event is being awarded and the economic impact of it. Ms.  
McDaniel stated economic impact is not a factor in the rubric, it is an  
additional piece of information the LART Advisory Committee may  
consider in their recommendations.  
Councilmember Donelson asked what is in the rubric. Ms. McDaniel stated  
it is attracting visitors, enhancing the economy, program merit, and  
administrative responsibility for the money.  
Councilmember Donelson asked what are considered heritage events. Ms.  
McDaniel stated they are the events that City Council has by Resolution  
indicated that they are heritage/Resolution events and those include the  
Olympic and Paralympic Hall of Fame Festival, Colorado Springs Labor  
Day Liftoff, Fallen Firefighters Memorial event, Pikes Peak International Hill  
Climb Fan Fest Day, Star Spangled Symphony, Pikes Peak or Bust  
Parade, Pikes Peak Range Riders Foundation Western Street Breakfast,  
Starlight Spectacular, and Festival of Lights Parade.  
President Helms stated the budget we are considering today is not the  
General Fund, it is the LART fund which is a tourism tax that is collected  
when a tourist or anyone else stays in a hotel or rents a car and it must be  
spent only on events and organizations that meet the purpose designated  
in the City Code which stated that in order for an organization or event to  
be given LART funding, they must bring visitors which stay in the City. He  
stated the LART Committee are professional people from across the City  
who do a very hard job of evaluating the groups that apply for LART  
funding, which is a very small amount of money. President Helms state the  
Committee uses a sanitized scoring process, then makes the  
recommendations to the Budget Committee and then to City Council. He  
stated the two City Councilmember liaisons put their individual ideology  
aside to work with the LART Committee to present a workable solution.  
President Helms stated because the Western Street Breakfast was not  
awarded LART funding for 2025, he, Greg Phillips, Director of Aviation,  
Colorado Springs Airport, and Ms. McDaniel were able to find sponsorship  
funding for it from the Colorado Springs Airport which shows the community  
needs to work together to find solutions.  
Councilmember Donelson stated he will not support $60,000 of LART  
funding to go toward the Pikes Peak Pride Festival and Parade when there  
are zero dollars going toward the Festival of Lights Parade, Pikes Peak or  
Bust Rodeo, Western Street Breakfast, and the Starlight Spectacular. He  
stated he also does not support the cut in funding to the Fallen Firefighters  
Memorial event which has a huge economic impact on the City.  
Councilmember Donelson stated the three events which had the largest  
increase in funding were the Pikes Peak Pride Festival and Parade,  
Alianza De Futbol Soccer tournament, and the PPORA which he finds hard  
to believe the recommendations are based on a rubric or are data driven  
because these events do not have as large of an economic impact as  
some of the others.  
President Helms stated the Pikes Peak Pride Parade is not receiving  
LART funding because the LART Committee felt that if the other parades  
were not receiving awards, then no parades should receive awards. Ms.  
Hybl confirmed only the Pikes Peak Pride Festival, which is a two-day  
event which attracts thousands of visitors including overnight stays, is  
receiving funding.  
Ms. Hybl stated while economic impact is not scored as part of the  
process, the extensive rubric does place emphasis on economic impact  
and it does take into account that the charge of this tax is to attract visitors  
and to enhance the economy of the City, but it does not say anything about  
reflecting values or reflecting historic events although they we do take into  
consideration that Heritage/Resolution events are a priority.  
Councilmember Donelson stated the Pikes Peak Pride Festival and  
Parade was submitted as one application, so he does not believe the  
festival was awarded $60,000 separately because it is one entity and the  
amount of hotel rooms and flights anticipated to be generated were one  
hundred yet the Pikes Peak Marathon and Ascent which was only awarded  
$25,000 estimated 6,860 room nights, 225 flights, and 600 rental cars. Ms.  
McDaniel stated there is a mechanism in the contract with the entity which  
would specify the money would be required to only go toward the Festival.  
Citizens Kevin Kaveney, Emily Tamayo ceded their time to Cory Arcarese,  
Angelina Velasquez ceded their time to Moni Hernandez, Jennifer Smith,  
Heather McBroom, Crystal Hendrix ceded their time to Donny Coram, Eton  
Pearcy, Kat Gayle, Nancy Wile ceded their time to Al Wile, Brett Dayberry,  
Janet Mulvaney, Donna Labelle, Joan Mills, Bentley Rayburn, Katherine  
Toman, LaDonna Robertsone, Jeany Rush, Tanya Reagan, and Dana  
Duggan who spoke in opposition to the proposed Resolution.  
Citizens Susan Garsoe, Carol Campbell, Lauren Ripcoe, and Jessica  
Laney ceded their time to Justin Burns, who spoke in favor of the proposed  
Resolution.  
President Helms stated City Council will be revisiting LART because it is  
one of the lowest LART in the nation and they will also look at how the  
events are evaluated. He stated he does not feel it is fair to say that the  
personal values of Councilmembers are being reflected in how they vote.  
Councilmember Avila asked if there needs to be any clarification made  
after hearing citizen comments. Ms. Hybl stated they are constantly  
learning, trying to refine the process, and be as transparent as possible  
and she was a little concerned about some of the percentages of how  
much funding has been reduced or the funding percentage of what they  
asked for so she would have to go back and do some of that fact checking  
in that regard. She stated one of the things that they look at in every one of  
the applications is how much more the events are asking for compared to  
the previous years which in some cases increased significantly. Ms. Hybl  
stated they also look at every budget to see if an event is generating  
revenue and making a profit from the event.  
Councilmember Donelson asked why the Broadmoor received $46,000 in  
LART funding for 2024. Ms. McDaniel stated she believes it was for  
marketing for hosting the United States Senior Open in 2025.  
Councilmember Avila stated the City has hired a consultant to review the  
LART funding sources, contracts, and any conflicts of interest and she  
supports the proposed Resolution and the funding of the Pikes Peak  
Region Pride Festival, Fiestas Patrias, and Juneteenth.  
Councilmember Donelson stated it is ultimately City Council’s decision, he  
does not feel the rubric supports what the citizens want to spend money on,  
the heritage events are special to the community, and provided an  
overview of the economic impacts of several events and the amount of  
funding they will receive.  
Councilmember Donelson stated the City should not be spending tax  
dollars to promote transgenderism, syringes/needles being given out, and  
a booth to solicit members for the Satanic Temple, and a queer prom in  
conjunction with the Pikes Peak Pride Festival especially when there are  
many other events which everyone can enjoy.  
Councilmember Donelson stated Council should try to help the children  
experiencing transgenderism, not encourage them and if these  
recommendations were put to a vote by the citizens on a ballot, it would not  
pass.  
Motion by Councilmember Donelson, that the Resolution be postponed to the  
October 22, 2024 City Council meeting. The motion failed for lack of a second.  
Motion by Councilmember Donelson, that the Resolution be amended to move  
$32,200 from the Pikes Peak Pride Festival to the Festival of Lights Parade. The  
motion failed for lack of a second.  
Motion by Councilmember Donelson, that the Resolution be amended to move  
$22,000 from the Pikes Peak Pride Festival to the Pikes Peak or Bust Rodeo  
Parade. The motion failed for lack of a second.  
Motion by Councilmember Avila, seconded by Councilmember Talarico, that the  
Resolution accepting and endorsing the recommendations from the Lodgers and  
Automobile Rental Tax (LART) Citizen Advisory Committee, as provided in  
Exhibit A, for expenditures from the LART special fund in the 2025 budget be  
adopted. The motion passed by a vote of 5-2-1-1  
5 - Avila, Helms, Henjum, Risley, and Talarico  
2 - Crow-Iverson, and Donelson  
1 - Leinweber  
Aye:  
No:  
Recused:  
Excused:  
1 - O'Malley  
12. Public Hearing  
12.A. ANEX-24-00 A resolution finding a petition for annexation of the area known as  
Neagle-Dutcher Family Addition 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 November 12, 2024, for the Colorado Springs  
City Council to consider the annexation of the area.  
(Legislative)  
Presenter:  
Tamara Baxter, Planning Supervisor, Planning and Neighborhood  
Services.  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood Services,  
presented the Resolution finding a petition for annexation of the area  
known as Neagle-Dutcher Family Addition Annexation consisting of 1.01  
acres and setting a hearing date of November 12, 2024, for the City  
Council to consider the annexation of the area.  
There were no comments on this item.  
Motion by Councilmember Henjum, seconded by Councilmember Talarico, that  
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 November 12, 2024,  
for consideration of the Neagle-Dutcher Family Addition Annexation, and  
directing the Clerk to provide notice in accord with C.R.S. section 31-12-108 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:  
12.B. ANEX-22-00 A resolution adopting findings of fact and conclusions of law based  
thereon and determining the eligibility for annexation of property known  
as Park Vista Addition No. 10 Annexation.  
(Legislative)  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood  
Services  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood Services,  
presented the Resolutions and Ordinances annexing the area known as  
Park Vista Addition No. 10 Annexation consisting of 2.18 acres  
establishing a R-5 (Multi-Family High) zone district and Preliminary/Final  
Plat for 0.89 acres located at 4372 Siferd Boulevard. He provided a brief  
overview of the site location, timeline, background, annexation, zone  
establishment, concept plan, stakeholder process, and staff  
recommendation.  
There were no comments on this item.  
Motion by Councilmember Henjum, seconded by Councilmember Talarico, that  
the Resolution adopting findings of fact and conclusions of law based thereon  
and determining the eligibility for annexation of property known as Park Vista  
Addition No. 10 Annexation consisting of 2.18 acres 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:  
12.C. ANEX-22-00 An ordinance annexing the area known as Park Vista Addition No. 10  
Annexation located at 4372 Siferd Boulevard consisting of 2.18 acres.  
(Legislative)  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood  
Services  
Kevin Walker, Interim Planning Director, Planning and Neighborhood  
Services  
Please see comments in Agenda item 12.C.  
Motion by Councilmember Avila, seconded by Councilmember Leinweber, that  
this Ordinance annexing into the City of Colorado Springs the area known as  
Park Vista Addition No. 10 Annexation consisting of 2.18 acres located at 4372  
Siferd Boulevard, based upon the findings that the annexation complies with the  
Conditions for Annexation Criteria as set forth in Chapter 7 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:  
12.D. ZONE-22-00 An ordinance establishing a R-5 (Multi-Family High) zone district for 0.89  
acres located 4372 Siferd.  
(Legislative)  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood  
Services  
Attachments: Zoning Ordinance  
Please see comments in Agenda item 12.C.  
Motion by Councilmember Avila, seconded by Councilmember Leinweber, that  
the Ordinance establishing 0.89 acres as a R-5 (Multi-Family High) zone district,  
based upon the findings that the zone establishment request complies with the  
criteria for granting a zone establishment as set forth in Chapter 7 Section  
7.5.603(B) 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:  
12.E. SUBD-22-00 Park Vista Subdivision No. 10 Preliminary/Final Plat for 0.89 acres  
located 4372 Siferd Boulevard.  
(Quasi-Judicial)  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Neighborhood  
Services  
Please see comments in Agenda item 12.C.  
Motion by Councilmember Leinweber, seconded by Councilmember Henjum,  
that the Park Vista Subdivision No. 10 Preliminary/Final Plat, based upon the  
findings the proposal meets the requirements for a preliminary plat as set forth in  
Chapter 7 Section 7.7.204 and the requirements for a final plat as set forth in  
Chapter 7 Section 7.7.303 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:  
12.F. UVAR-24-00 A use-variance to allow the establishment of a Medical Marijuana  
Cultivation Facility use consisting of 2.4 acres located at 3758 Astrozon  
Blvd. (Quasi-Judicial)  
Presenter:  
Allison Stocker, Planner II, Planning and Neighborhood Services  
Department  
Kevin Walker, Interim Planning Director, Planning and Neighborhood  
Services Department  
Allison Stocker, Planner II, Planning and Neighborhood Services  
Department, presented the use-variance to allow the establishment of a  
Medical Marijuana Cultivation Facility use consisting of 2.4 acres located  
at 3758 Astrozon Boulevard. She provided an overview of the vicinity map,  
applications, project summary, site plan, Planned Provisional Overlay  
language, timeline of review, stakeholder involvement, agency review,  
application review criteria, and optional motions.  
Ryan Moore, Herbal Healing LLC, representing the applicant, identified the  
reason they would like to relocate, existing company reorganization,  
medical only initiative, use of facility, proposed facility, smell mitigation, and  
facility pictures. He went over the extraordinary circumstances for their  
facility to be approved, necessity of use variance, how it will help the  
community, no fault of applicant/landlord, restrictions on use of property,  
and limited properties available.  
Councilmember Leinweber stated there have been many break-ins via  
driving a stolen car through the storefront in that area and he is concerned  
about that type of incident occurring at this location. Mr. Moore stated the  
entire backside of the facility is cement and there are two large pillars at  
the front to deter criminals and they will be increasing security as well.  
President Pro-Tem Crow-Iverson asked if this facility is a grow which only  
sells to retail establishments and not individual customers. Mr. Moore  
stated they are proposing it will be a cultivation facility which will only sell to  
retail facility so there would not be any walk-in customers off the street.  
President Pro-Tem Crow-Iverson asked if the retail customers identify how  
much Tetrahydrocannabinol (THC) they want in their plants and if the plants  
are genetically modified to accommodate their requests. Mr. Moore stated  
this cultivation is not genetically modified and will primarily feed the store  
they own located off Fillmore Street, they cultivate based on patient  
feedback/what they are in need of, their businesses are highly regulated,  
and the highest level of THC their plants have ever tested at was thirty  
percent, but their average is twenty-two to twenty-four percent.  
Councilmember Henjum asked what the outcome would be if this was not  
approved. Mr. Moore stated they would have to shut down their cultivation  
facility, surrender the license, and they would most likely lose their patient  
base due to the product not being their own, which would cause complete  
forfeiture of the company.  
Councilmember Henjum asked if this relocation is in response to the  
Ordinance recently passed by City Council regarding the setback buffer.  
Mr. Moore stated it was not and their motive is not to sell recreational  
marijuana.  
Ms. Stocker stated the root of this use-variance coming forward is due to  
the restrictive Ordinance 83-88 because it was a snapshot in time which  
limits uses at that location otherwise this application would have just been a  
conditional use, and it would not have been elevated to City Council.  
Councilmember Avila stated she supports this request.  
Motion by Councilmember Henjum, seconded by Councilmember Leinweber,  
that the Use Variance to establish a Medical Marijuana Cultivation Facility based  
upon the findings that the request complies with the criteria as set forth in City  
Code Section 7.5.527 be approved. The motion failed by a vote of 4-4-1-0  
4 - Avila, Henjum, Leinweber, and Talarico  
4 - Crow-Iverson, Donelson, Helms, and Risley  
1 - O'Malley  
Aye:  
No:  
Excused:  
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 4:53 PM.  
Sarah B. Johnson, City Clerk  
16. General Improvement Districts  
Following adjournment of the Regular City Council meeting, City Council shall  
reconvene as the Board of Directors of the Marketplace at Austin Bluffs General  
Improvement District, for action on the following item:  
16.A.  
Request to set November 12, 2024 as the Public Hearing date for  
consideration of adopting the proposed 2025 Colorado Springs  
Marketplace at Austin Bluffs General Improvement District Budget  
and to advertise as required by law  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Charae McDaniel, Chief Financial Officer, presented the request to set  
November 12, 2024 as the Public Hearing date for consideration of  
adopting the proposed 2025 Colorado Springs Marketplace at Austin  
Bluffs General Improvement District Budget and to advertise as required by  
law.  
There were no comments on this item.  
Motion by Councilmember Avila, seconded by Councilmember Talarico, that  
the request to establish November 12, 2024 as the date of the Public Hearing  
to consider the 2025 Colorado Springs Marketplace at Austin Bluffs General  
Improvement District budget be aoproved. 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 Board of Directors of the Marketplace at Austin Bluffs  
General Improvement District, City Council shall reconvene as the Board of Directors  
for the Briargate General Improvement District 2021, for action on the following item:  
16.B.  
Request to set November 12, 2024 as the Public Hearing date for  
consideration of adopting the proposed 2025 Colorado Springs  
Briargate General Improvement District 2021 Budget and to  
advertise as required by law  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Charae McDaniel, Chief Financial Officer, presented the request to set  
November 12, 2024 as the Public Hearing date for consideration of  
adopting the proposed 2025 Colorado Springs Briargate General  
Improvement District 2021, Budget and to advertise as required by law.  
There were no comments on this item.  
Motion by Councilmember Henjum, seconded by Councilmember Leinweber,  
that the request to establish November 12, 2024 as the date of the Public  
Hearing to consider the 2025 Colorado Springs Briargate General  
Improvement District 2021 budget 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: