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, August 8, 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  
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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  
9 - 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  
Present:  
2. Invocation and Pledge of Allegiance  
The Invocation was made by Chaim Goldman, Director of Repairing the  
Breach Ministries, and Founder/Director of Church Voter Guides.  
President Helms led the Pledge of Allegiance.  
3. Changes to Agenda/Postponements  
President Helms stated item 4B.F. has been requested to be removed  
from the Consent Calendar and Councilmember O’Malley has requested  
item 4B.G. to be removed from the Consent Calendar.  
Consensus of Council agreed to these changes 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:  
23-309  
Ordinance No. 23-33 amending Ordinance No. 22-90 (2023 Budget  
Appropriation Ordinance) for a supplemental appropriation to the  
2C2-Road Repair, Maintenance and Improvement Fund in the amount  
of $16,000,000 for additional capital expenditures identified for 2023  
4A.A.  
Presenter:  
Chris Fiandaca, City Budget Manager  
Travis Easton, P.E., Deputy Chief of Staff  
Corey Farkas, Manager, Operations and Maintenance Division of  
Public Works  
Attachments:  
Ordinance for Supplemental Approp-2C2 Road Repair and Maint -  
Fund Balance - July 2023  
Signed Ordinance No. 23-33.pdf  
This Ordinance was finally passed on the Consent Calendar.  
23-342  
Ordinance No. 23-34 amending Part 5 (License Fees) and Section  
1008 (Payment By Cash Or Guaranteed Funds) of Part 10 (Offenses;  
Failure To File, Pay) Both of Article 7 (Sales And Use Tax) of Chapter  
2 (Business Licensing, Liquor Regulation and Taxation) of the Code of  
the City of Colorado Springs 2001, as Amended, pertaining to License  
Fees  
4A.B.  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments:  
23-342 - SalesTax-LicenseFeesORD-2023-06-02v2  
Signed Ordinance No. 23-34.pdf  
This Ordinance was finally passed on the Consent Calendar.  
23-343  
Ordinance No. 23-35 amending Part 9 (Administration) of Article 7  
(Sales And Use Tax) of Chapter 2 (Business Licensing, Liquor  
Regulation And Taxation) of the Code of the City of Colorado Springs  
2001, as Amended, pertaining to Sales And Use Tax Administration  
4A.C.  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments:  
23-343 - SalesUseTax-AdministrationORD-2023-05-22  
Signed Ordinance No. 23-35.pdf  
This Ordinance was finally passed on the Consent Calendar.  
23-344  
Ordinance No. 23-36 amending Multiple Sections of Article 7 (Sales  
And Use Tax) and Article 12 (Economic Development Agreements) of  
Chapter 2 (Business Licensing, Liquor Regulation And Taxation) of  
the Code of the City of Colorado Springs 2001, as Amended,  
pertaining to Sales and Use Tax of Construction and Building  
Materials  
4A.D.  
4A.E.  
4A.F.  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments:  
23-344 - SalesTax-ConstructionCH2-ORD-2023-5-22 (004)  
Signed Ordinance No. 23-36.pdf  
This Ordinance was finally passed on the Consent Calendar.  
23-345  
Ordinance No. 23-37 amending Sections 201 (Definitions) and 213  
(Economic Development Agreements) of Part 2 (General Provisions)  
of Article 1 (Municipal Airport) of Chapter 14 (Municipal Enterprises) of  
the Code of the City of Colorado Springs 2001, as Amended,  
pertaining to Sales and Use Tax of Construction and Building  
Materials  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments:  
23-345 - SalesTax-ConstructionCH14-ORD-2023-1-19  
Signed Ordinance No. 23-37.pdf  
This Ordinance was finally passed on the Consent Calendar.  
ANEX-22-00 Ordinance No. 23-39 annexing the area known as T5 Addition No. 1  
12  
Annexation located at the southern portion of 3819 Janitell Road  
consisting of 20,064 square feet.  
(Legislative)  
Related Files: ANEX-22-0012R, ZONE-22-0009, COPN-22-0026  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Community  
Development  
Peter Wysocki, Planning Director, Planning and Community  
Development  
Attachments:  
Ordinance  
CPC Staff Report  
Project Statement  
Legal Description  
Annexation Plat  
Zone Change  
Concept Plan  
Development Plan  
Annexation Agreement - Draft  
FIA Below Threshold.T5 Addition No. 1  
Vicinity Map  
Aerial  
7.6.203-Annexation Conditions  
CPC Meeting Minutes_01.11.23  
Staff Presentation  
Signed Ordinance No. 23-39.pdf  
This Ordinance was finally passed on the Consent Calendar.  
ZONE-22-00 Ordinance No. 23-40 establishing BP (Business Park) zone district  
4A.G.  
09  
located at the southern portion of 3819 Janitell Road consisting of  
20,064 square feet.  
(Legislative)  
Related Files: ANEX-22-0012, ANEX-22-0012R, COPN-22-0026  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Community  
Development  
Peter Wysocki, Planning Director, Planning and Community  
Development  
Attachments:  
Ordinance  
Exhibit A - Legal Desc  
Exhibit B - Zone Change  
Vicinity Map  
7.5.603.B Findings - ZC  
Staff Presentation  
Signed Ordinance No. 23-40.pdf  
This Ordinance was finally passed on the Consent Calendar.  
ANEX-22-00 Ordinance No. 23-41 annexing the area known as Hope Chapel  
4A.H.  
10  
Addition No. 1 Annexation located at 2210 Old Ranch Road consisting  
of 4.6136 acres.  
(Legislative)  
Related Files: ANEX-22-0010R, ANEX-22-0011, ANEX-22-0011R,  
ZONE-22-0008, COPN-22-0008  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Community  
Development  
Peter Wysocki, Planning Director, Planning and Community  
Development  
Attachments:  
Ordinance  
CPC Staff Report  
ProjectStatement  
Annexation Plat - Hope Chapel Addition No.1  
Annexation Plat - Hope Chapel Addition No.2  
Legal Description  
Zone Change  
Concept Plan  
Annexation Agreement_Draft  
FIA Below Threshold  
FIA Memo  
ProjectStatement  
NearEnclave_annexation_north2  
AERIAL  
Public Comments  
Impact Report  
Fasterling.Brian_comments  
7.6.203-Annexation Conditions  
CPC Meeting Minutes_01.11.23  
Staff Presentation  
Signed Ordinance No. 23-41.pdf  
This Ordinance was finally passed on the Consent Calendar.  
ANEX-22-00 Ordinance No. 23-42 annexing the area known as Hope Chapel  
4A.I.  
11  
Addition No. 2 Annexation located at 2210 Old Ranch Road consisting  
of 9.8807 acres.  
(Legislative)  
Related Files: ANEX-22-0010, ANEX-22-0010R, ANEX-22-0011R,  
ZONE-22-0008, COPN-22-0008  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Community  
Development  
Peter Wysocki, Planning Director, Planning and Community  
Development  
Attachments:  
Ordinance  
Annexation Plat - Hope Chapel Addition No.2  
Legal Description  
FIA Below Threshold.T5 Addition No. 1  
Impact Report  
7.6.203-Annexation Conditions  
CPC Meeting Minutes_01.11.23  
Staff Presentation  
Signed Ordinance No. 23-42.pdf  
This Ordinance was finally passed on the Consent Calendar.  
ZONE-22-00 Ordinance No. 23-43 establishing R5/SS (Multi-family Residential with  
4A.J.  
08  
Streamside Overlay) zone district located at 2210 Old Ranch Road  
consisting of 11.1073 acres.  
(Legislative)  
Related Files: ANEX-22-0010, ANEX-22-0010R, ANEX-22-0011,  
ANEX-22-0011R, COPN-22-0008  
Presenter:  
Gabe Sevigny, Planning Supervisor, Planning and Community  
Development  
Peter Wysocki, Planning Director, Planning and Community  
Development  
Attachments:  
Ordinance  
Exhibit A - Legal Description  
Exhibit B - Zone Change  
7.5.603.B Findings - ZC  
Staff Presentation  
Signed Ordinance No. 23-43.pdf  
This Ordinance was finally passed on the Consent Calendar.  
4B. First Presentation:  
23-407  
City Council Regular Meeting Minutes July 26, 2023  
4B.A.  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments:  
7-25-2023 City Council Meeting Minutes Final  
The Minutes were approved on the Consent Calendar.  
23-311  
Ordinance No. 23-44 including certain property into the boundaries of  
4B.B.  
the Creekwalk Marketplace Business Improvement District  
(Legislative)  
Presenter:  
Mike Tassi, Assistant Director, Planning & Community Development  
Peter Wysocki, Director, Planning & Community Development  
Attachments:  
Ordinance  
Exhibit A - Petition for Inclusion  
Exhibit B - Proof of Publication  
Revised Cover Letter to Colorado Springs BID Inclusion  
Notice of Inclusion  
Petition for Inclusion  
Staff PowerPoint  
This Ordinance was approved on first reading on the Consent Calendar.  
23-336  
A Resolution approving an Economic Development Agreement  
between the City of Colorado Springs and Project Bullseye  
4B.C.  
Presenter:  
Bob Cope, Economic Development Officer  
Shawna Lippert, Senior Economic Development Specialist  
Attachments:  
RES_ProjectBullseye_2023  
Project Bullseye Economic Development Agreement  
Bullseye EDA Presentation_WORK  
Signed Resolution No. 110-23.pdf  
This Resolution was adopted on the Consent Calendar.  
23-360  
Ordinance No. 23-45 amending Ordinance No. 22-90 (2023 Budget  
Appropriation Ordinance) for a supplemental appropriation to the  
Public Safety Sales Tax (PSST) Fund in the amount of $2,000,000,  
and to the General Fund in the amount of $1,000,000, for additional  
capital costs for construction of Fire Station 24 and remodel of an  
existing fire station in Colorado Centre that will become Fire Station  
25; and to the Capital Improvements Program (CIP) Fund in the  
amount of $1,000,000 for the transfer from the General Fund to the  
Fire Station 24 existing project account  
4B.D.  
Presenter:  
Chris Fiandaca, City Budget Manager  
Randy Royal, Fire Chief  
Attachments:  
Ordinance for Supplemental Approp-PSST and GF and CIP for FS  
24 and 25  
This Ordinance was approved on first reading on the Consent Calendar.  
23-361  
Ordinance No. 23-46 amending Ordinance No. 22-90 (2023  
Appropriation Ordinance) for a Supplemental Appropriation to the  
4B.E.  
Memorial Health System Enterprise Fund in the amount of $1,465,848  
for monies due to UCH-MHS for the periodic reconciliation with UC  
Health  
Presenter:  
Charae McDaniel, Chief Financial Officer  
Attachments:  
Supplemental Approp Ord for MHS to UCH recon payment  
This Ordinance was approved on first reading on the Consent Calendar.  
23-352  
A Resolution Authorizing the Purchase of Fort Lyon Canal Company  
Stock Owned by Mathis Golden Farm, LLC for Colorado Springs  
Utilities and Authorizing the Filing of Water Court Applications for  
Changes of Water Rights and Appropriative Rights of Exchange  
4B.H.  
Attachments:  
Water Acquisition City Council Resolution 8-8-23  
Signed Resolution No. 111-23.pdf  
This Resolution was adopted on the Consent Calendar.  
23-267  
A Resolution Authorizing the Acquisition of a Permanent Easement on  
Property Located at 2660 Astrozon Boulevard to be Used for the  
Kelker to South Plant Transmission Project  
4B.I.  
Presenter:  
Jessica Davis, Land Resource Manager, Colorado Springs Utilities  
Travas Deal, Chief Executive Officer, Colorado Springs Utilities  
Attachments:  
CC Resolution_KelkerSouthPlantHPlaza3LLCEasement_Final  
Exhibits_H Plaza 3 LLC Legal Description 05_11_23  
CC Presentation_Property Acquisition_K-SP_H Plaza 3 LLC_Final  
Signed Resolution No. 112-23.pdf  
This Resolution was adopted on the Consent Calendar.  
23-330  
A Resolution by City Council Rescinding Resolution No. 99-23 and  
Adopting a New Resolution in Favor of the City of Fountain’s Request  
to Join the Pikes Peak Rural Transportation Authority (PPRTA)  
4B.J.  
Presenter:  
Travis Easton, P.E., Deputy Chief of Staff  
Randy Helms, Councilor, PPRTA Board Chair  
Attachments:  
RES_PPRTA Fountain_edit_Clean2  
RES_PPRTA Fountain_edit_Redline  
1_PPRTA Resolution for Fountain to Join PPRTA  
2_Fountain Joining PPRTA Financial impact  
3_Fountain Impact on PPRTA 3  
5_Presentation on Fountain Joining PPRTA  
Signed Resolution No. 99-23.pdf  
Signed Resolution No. 113-23.pdf  
This Resolution was adopted 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 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley,  
and Talarico  
Aye:  
5. Recognitions  
23-410  
A Resolution recognizing August 12, 2023 as Julie Penrose Day  
5.A.  
Presenter:  
Michelle Talarico, Councilmember District 3  
Attachments:  
Julie Penrose Day  
Signed Resolution No. 114-23.pdf  
Councilmember Talarico read a Resolution celebrating August 12th,  
2023 as Julie Penrose Day and identified how Ms. Penrose was a  
mentor to her and many others.  
Kyle Hybl, President and Chief Executive Officer, El Pomar Foundation,  
provided a brief history of Julie Penrose, her work in the community, the  
El Pomar Foundation, their grants in honor of Julie Penrose, the Julie  
Penrose Award, and recognized Kathy Loo, former City Councilmember.  
Councilmember Avila, an El Pomar Foundation scholar, expressed  
appreciation and recognized the legacy of Julie Penrose.  
Motion by Councilmember Donelson, seconded by Councilmember Henjum, that  
the Resolution recognizing August 12, 2023 as Julie Penrose Day be adopted.  
The motion passed by a vote of 9-0-0-0  
9 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
Aye:  
23-408  
City Council Appointments to Boards, Commissions, and Committees  
5.B.  
Presenter:  
Randy Helms, Council President & Councilmember District 2  
Attachments:  
080823 Boards Commissions and Committee Appointments  
President Helms presented the City Council Appointments to Boards,  
Commissions, and Committees.  
Britt Haley, Director, Parks, Recreation, and Cultural Services  
Department, Councilmember Talarico, interviewer, and Councilmember  
Leinweber, interviewer, expressed appreciation for all the nominees who  
applied to serve on the Parks, Recreation, and Cultural Services  
Advisory Board.  
Motion by Councilmember Henjum, seconded by Councilmember Talarico, that  
the Appointments to City Council Boards, Commissions, and Committees be  
approved. The motion passed by a vote of 9-0-0-0  
9 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
Aye:  
6. Mayor's Business  
There was no Mayor’s Business.  
7. Citizen Discussion For Items Not On Today's Agenda  
Citizen Jim Cileti spoke about the need for holiday lighting on Pikes  
Peak Avenue and Bijou Street.  
Citizen Jeffrey Ferguson identified his plans to honor his son and his  
son’s girlfriend, who were murdered, with nonprofit programs to help  
make the community a better and safer place.  
Citizens David Bayer and Chauncy Johnson stated the proposed  
Taxpayer Bill of Rights (TABOR) retention money should be used to  
assist people experiencing poverty and homelessness, which includes  
his father.  
Citizen Carl Rippel identified some of the roads in need of repair along  
the City’s transit routes and requested better lighting in the buses.  
Citizen Jaymen Johnson spoke in favor of the proposed TABOR  
retention to build a police training center.  
8. Items Called Off Consent Calendar  
23-365  
A Resolution Authorizing Acquisition of Approximately 564 Acres and  
Recognizing a Partial Donation  
4B.F.  
Presenter:  
Troy Stover, Business Park Development Director, Colorado Springs  
Airport  
Attachments:  
564-Acre Property Acquisition Resolution 2023 08 08.docx  
564 Acre Acquisition City Council PowerPoint August 8, 2023.pptx  
Sarah B. Johnson, City Clerk, stated this item was requested to be  
postponed indefinitely.  
Motion by President Pro Tem Crow-Iverson, seconded by Councilmember  
Donelson, that the Resolution authorizing acquisition of approximately 564 acres  
and recognizing a partial donation be postponed indefinitely. The motion passed  
by a vote of 9-0-0-0  
9 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
Aye:  
23-404  
The City Clerk reports that on July 26 2023 there was filed with her a  
petition for the annexation of Rock Creek Mesa Addition No. 1  
Annexation. The City Clerk herewith communicates such to City  
Council and recommends that the petition and map be referred to the  
City Administration for review and recommendation regarding whether  
the petition is in substantial compliance with Section 31-12-107(1).  
4B.G.  
Presenter:  
Sarah B. Johnson, City Clerk  
Attachments:  
Petition for Annexation_CITY OF COLORADO SPRINGS PCRS.pdf  
Rock Creek MEsa.pdf  
Petition for Annexation_COLORADO SPRINGS EQUITIES LLC.pdf  
Rock Creek Mesa.pdf  
Petition for Annexation_GOLDEN EAGLE RANCH LLC.pdf Rock  
Creek Mesa.pdf  
Petition for Annexation_NEW DIRECTION IRA INC FBO.pdf Rock  
Creek Mesa.pdf  
ROCK CREEK MESA ANNEXATION PLAT.pdf Rock Creek  
Mesa.pdf  
New Direction SOA (executed).pdf Rock Creek Mesa.pdf  
Statement of Authority_COLORADO SPRINGS EQUITIES LLC.pdf  
Rock Creek Mesa.pdf  
Statement of Authority_GOLDEN EAGLE RANCH LLC_Signed.pdf  
Rock Creek MEsa.pdf  
Councilmember O’Malley stated he pulled this item because he would  
like to see a relational map of where it is in relationship to City  
boundaries.  
Katelyn Wintz, Senior Planner, Planning and Community Development,  
explained this is an area off Highway 115 just South of Cheyenne  
Mountain State Park, this annexation includes the parks property which  
is the triangle that has contiguity to the City boundary.  
Ben Bolinger, Legislative Counsel, City Attorney’s Office, explained the  
statutory process of this item which includes Council’s review in order to  
be referred to the Planning Department.  
Motion by Councilmember Donelson, seconded by Councilmember Talarico, that  
the Resolution to refer the petition and map for Rock Creek Mesa Addition No. 1  
to the City Administration to determine whether the petition and map  
substantially comply with the requirements of the Municipal Annexation Act of  
1965 and City Code be adopted. The motion passed by a vote of 9-0-0-0  
9 - Avila, Crow-Iverson, Donelson, Helms, Henjum, Leinweber, O'Malley, Risley, and  
Talarico  
Aye:  
9. Utilities Business  
There was no Utilities Business.  
10. Unfinished Business  
There was no Unfinished Business.  
11. New Business  
There was no New Business.  
12. Public Hearing  
Kum and Go Project Estimate Time: 1 Hour  
Meeting went into Recess  
Meeting Reconvened  
ZONE-23-00 Ordinance No. 23-38 amending the zoning map of the City of  
12.A.  
03  
Colorado Springs relating to 1.81 acres located at the southwest  
corner of the East San Miguel Street and North Circle Drive  
intersection to retain the current zoning classification of MX-M/CR  
(Mixed-Use Medium Scale with Conditions of Record) and remove  
the condition of record #2, which stipulates that “All activities shall  
be conducted entirely within a building.”  
(Quasi-Judicial)  
Related Files: COPN-23-0002  
Presenter:  
Austin Cooper, Planner II, Planning & Community Development  
Peter Wysocki, Director, Planning & Community Development  
Attachments:  
Ordinance  
Ordinance 12-92  
Exhibit A - Legal Description  
Exhibit B - Zone Change  
Staff Report  
Project Statement  
Public Comments  
Response to Public Comments  
Context Map  
Community Meeting Neighborhood Sign-in Sheet  
7.5.603 Findings - ZC  
Post Planning Commission Public Comment  
Signed Ordinance No. 23-38.pdf  
Ben Bolinger, Legislative Counsel, City Attorney’s Office, polled City  
Council regarding any ex parte communications. All Councilmembers  
responded and stated they are able to make fair and impartial decisions.  
Austin Cooper, Planner II, Planning and Community Development  
Department, presented the Ordinance amending the zoning map to  
retain the current zoning classification of MX-M/CR (Mixed-Use Medium  
Scale with Conditions of Record) and remove the condition of record #2,  
which stipulates that “All activities shall be conducted entirely within a  
building.” And a Concept Plan for a food convenience store with fuel  
sales on a 1.82-acre site, located at the southwest corner of East San  
Miguel and North Circle Drive. He provided an overview of the  
applications, site details, site history, public notification/involvement,  
context map, current zoning, zone change, Concept Plan, PlanCOS  
conformance, Planning Commission’s hearing/action, and staff  
recommendations.  
Councilmember Donelson asked what the concerns were of the two  
Planning Commissioners who voted against the project. Mr. Cooper  
stated it based on a twenty-four-hour use located next to a residential  
area  
Councilmember Talarico asked when the zoning was previously  
changed. Mr. Cooper stated it was 2012 in order to allow for more land  
uses.  
Councilmember Henjum requested additional information regarding  
PlanCOS and the vision of the portion that embraces creative infill  
adaptation and land use change. Mr. Cooper stated that after twenty  
years of vacancy, the applicant had to make some determinations of  
how the market was going.  
Councilmember Henjum asked if there was a master plan for this area.  
Mr. Cooper stated there was not.  
Councilmember Henjum asked if a traffic study done. Mr. Cooper  
confirmed there was a traffic impact analysis completed on the site with  
the recommendation of a future traffic signal as well as a southbound  
right turn lane.  
Krysta Houtchens, Entitlements and Engineering Solutions, representing  
the applicant, went over the existing condition of record, proposed use,  
development patterns, proposed site plan, visual perspectives, modified  
drainage patterns, community concerns of light, noise, odor, crime,  
vandalism, traffic impacts, fuel tankers, property values, and gas station  
use. He identified the elevations, market research, competition in the  
area, K&G fuel offerings, food offerings, and electric vehicle (EV) charge  
sessions.  
Councilmember Henjum asked if they are planning on putting EV  
stations at this site. Ms. Houtchens stated it is unknown at this time,  
Kum & Go works with a couple Tesla and charge points where they  
present their sites to them, and those distributors choose which sites  
they want to bring EV to based on their research, and it will be  
determined later in the process, but it is Kum & Go’s desire to add them.  
Chris Burton, Local District Supervisor, Kum & Go, stated the  
infrastructure will already be located on the site so it will be ready if EV  
stations are approved to be added.  
Councilmember Henjum requested additional information regarding the  
multifamily complex to the west acting as a buffer from the commercial  
district to the single-family residential properties. Ms. Houtchens stated  
there is usually a commercial buffer before it goes into the residential  
area and that multifamily complex offers a bit of a buffer to the  
single-family residential.  
Councilmember Avila asked how long Kum & Go has been around. Mr.  
Burton stated 1959 and they built there first store in 2012.  
Councilmember Avila asked if any Kum & Go’s have closed due to  
changes in the area and what happens to the site afterwards. Mr. Burton  
confirmed they have, but not in Colorado Springs. Dan Garneau, Site  
Development Manager, Kum & Go, explained the process for removing  
the fuel tanks from the ground and cleaning the site for the next user of  
the parcel.  
Councilmember O’Malley requested more information regarding the  
move toward renewable energy. Mr. Burton stated their growth is based  
on need, they conduct cross-sectional studies to make sure their stores  
continue to make sense and they are evolving to include renewable fuel  
sections and new EV chargers.  
Councilmember Henjum asked regarding the noise mitigation. Mr.  
Garneau stated the amount of noise generated from the surrounding  
streets is greater than the noise generated from their sites, and they  
take noise complaints very seriously. Mr. Burton explained the noise  
buffers they have included on their lots to filter out any noise.  
Citizens Charles Barber, Abdul Bune, Ahmed Bune, Garret Gomez, and  
Barbara Snow spoke in opposition of the proposed project.  
Ms. Houtchens stated the KA Transformers along San Miguel are  
worked into their grading design for this site with a sidewalk going  
around them so they will not be disturbed, they are providing  
underground infiltration, they are well meeting set back requirements,  
they will be paying for the traffic lights, they are willing to add any speed  
bumps that the City or neighbors request, and there has been phase  
one environmental studies done regarding any endangered species and  
none were found on this site.  
Councilmember Donelson asked if the traffic signal could be required to  
be installed before the store opens. Mr. Cooper stated the Traffic  
Engineering Department reviewed the traffic impact analysis and  
determined that a traffic signal may be warranted. Mr. Garneau stated  
they are proposing that signal, at their expense, is part of the project and  
as far as timing, they would generally construct it at the same time or at  
the start of the construction so it would be in place before they open.  
Councilmember Donelson asked if speed bumps are allowed. Mr.  
Cooper stated he does not believe they would add that, but Traffic  
Engineering could potentially add traffic calming measures.  
Councilmember Donelson asked if there are any concerns about the  
traffic light being located too close to Palmer Park. Mr. Cooper stated  
the Traffic Engineering Department supports the installation of the traffic  
light.  
Councilmember Donelson requested additional information regarding  
the other fuel stations in the area. Ms. Houtchens and Mr. Burton  
identified their locations in proximity to the proposed Kum & Go site.  
Councilmember Talarico asked if there are other eateries, restaurants,  
or drive-thru’s within close proximity to this site. Mr. Burton stated they  
will provide that information.  
Councilmember Henjum asked if the proposed traffic signal will be the  
third light in this area. Todd Frisbie, City Traffic Engineering, stated  
because they are relatively close which is similar to the downtown grid,  
they feel that a signal location here would work when traffic warrants it  
and still provide the proper flow and progression.  
Councilmember Donelson asked if the traffic signal could be installed  
now. Mr. Frisbie stated they could do a projection and assess it to see if  
the light would be warranted from day one of the Kum & Go opening.  
Councilmember Avila asked how close the nearest Kum & Go is from  
this site. Mr. Burton stated there is one located at North Circle and  
Airport Boulevard.  
Councilmember Talarico stated that for future plans, since this is a bistro  
model, she recommended they include information regarding the  
competition factors for planning purposes.  
Councilmember Henjum stated she is concerned about the lack of  
planning on the part of the City Planning Department because this is not  
what the neighbors want or need, it does not meet the spirit of PlanCOS,  
three traffic signals on a very busy street is too much, it may put nearby  
competitors out of business, and does not think this is the right place for  
a Kum & Go.  
Councilmember Avila stated she believes this is an area which is  
underserved, this project is not compatible with PlanCOS, this area is  
already saturated with gas stations, a multi-family unit complex should  
not be viewed as a buffer because people live there, and she will not be  
supporting this project.  
Councilmember Donelson stated Circle Drive is a little rundown all along  
there, the design that was shown for the Kum & Go is an attractive  
design, he is impressed with the amount of landscaping which is  
proposed for the west side of the property and along San Miguel Street,  
there will be a pretty good buffer between the multifamily and the gas  
station, the applicants addressed the noise concerns, and he would like  
assurance that the traffic light will be in place before the Kum & Go can  
open.  
Motion by Councilmember Donelson, seconded by President Pro Tem  
Crow-Iverson, that the Ordinance amending the zoning map of the City of  
Colorado Springs for 1.81-acres associated with the Kum and Go  
Convenience Store and Gas Station project and retain the current zoning  
classification of MX-M/CR (Mixed-Use Medium Scale with Conditions of  
Record) and remove Condition No. 2, which stipulates “All activities shall be  
conducted entirely within a building.” based upon the review criteria for a  
zone change, as set forth in City Code Section 7.5.603 be finally passed. The  
motion passed by a vote of 5-3-1-0  
5 - Crow-Iverson, Donelson, Helms, O'Malley, and Risley  
3 - Avila, Henjum, and Talarico  
1 - Leinweber  
Aye:  
No:  
Absent:  
COPN-23-00 A Concept Plan for a food convenience store with fuel sales on a  
12.B.  
02  
1.82-acre site, located at the southwest corner of East San Miguel  
and North Circle Drive.  
(Quasi-Judicial)  
Related Files: ZONE-23-0003  
Presenter:  
Austin Cooper, Planner II, Planning & Community Development  
Peter Wysocki, Director, Planning & Community Development  
Attachments:  
Staff Report  
Concept Plan  
Context Map  
PlanCOS Vision Map  
7.5.501.E Concept Plans  
Post Planning Commission Public Comment  
Please see comments in agenda item 12.A.  
Motion by Councilmember Donelson, seconded by President Pro Tem  
Crow-Iverson, that the Concept Plan for the Kum and Go Convenience Store  
and Gas Station project, based upon the findings that the plan meets the  
review criteria for establishing a concept plan, as set forth in City Code  
Section 7.5.501(E) as amended to include the condition that the Certificate of  
Occupancy could not be issued until the proposed traffic signal at the  
intersection of Circle Drive and San Miguel Street is installed be approved.  
The motion passed by a vote of 6-2-1-0  
6 - Crow-Iverson, Donelson, Helms, O'Malley, Risley, and Talarico  
2 - Avila, and Henjum  
Aye:  
No:  
1 - Leinweber  
Absent:  
Launchpad Apartments Appeal Estimated Time: 3 Hours  
CPC 2063  
An appeal of the Planning Commission’s decision to affirm the  
administrative decision for the approval of a multi-family residential  
development plan, known as Launchpad Apartments, located at  
864 North 19th Street, and deny the appeal filed against  
Launchpad Apartments.  
12.C.  
(Quasi-Judicial)  
Related Files: DEPN-23-0001  
Presenter:  
William Gray, Senior Planner, Planning & Community  
Development  
Peter Wysocki, Director, Planning & Community Development  
Attachments:  
Request for Postponement 07.25.23  
Request for Postponement 06.14.23  
Staff Report  
Project Statement  
Appeal to City Council  
Appeal Memo to Planning  
Appeal Statement  
Development Plan  
Public Comments 07.27.23  
Public Comments  
Public Comment Response  
Support Letter  
Neighborhood Meeting Notes  
PlanCOS Vision Map  
Vicinity Map  
Context Map  
The Westside Plan 1979  
Westside Generalized Land Use Map  
Traffic Impact Study  
Geotech Report  
Appellant Document: 1999 Landslides Engineering Report SQUIRE  
Appellant Document: Deficiencies Geologic Hazard Study  
Appellant Document: Hofstead Landslide 1999  
Appellant Document: Transcript Neighborhood Meeting 09.26.22  
Appellant Document: Uphill Neighbor Letter 06.06.23  
Appellant Document: Uphill Neighbor Letter 07.11.23  
Appellant Request for Postponement 06.09.23  
Appellant Document: Inaccuracy Report  
Appellant Document: Staff Makes Appelant Case  
Appellant Document: Case Outline  
7.5.502.E Development Plan Review  
7.5.906 (A)(4) Administrative Appeal  
CPC Meeting Minutes_06.14.23  
Staff Presentation  
Oppostion to Postponement.pdf  
Postion Statement in Opposition to Appeal.pdf  
Exhibit 1 - Applicant's Appeal PPT Presentation 6.14.2023.pdf  
Exhibit 2 - Community Leader and Neighbor Support Letters.pdf  
Exhibit 3 - Public Comment Compilation.pdf  
Appeal to City Council  
Ben Bolinger, Legislative Counsel, City Attorney’s Office, polled City  
Council regarding any ex parte communications. All Councilmembers  
responded and stated they are able to make fair and impartial decisions.  
William Gray, Senior Planner, Planning and Community Development,  
presented the appeal of the Planning Commission’s decision to affirm  
the administrative decision for the approval of a multi-family residential  
development plan, known as Launchpad  
Apartments, located at 864 North 19th Street. He provided an overview  
of the vicinity map, site conditions, project summary, site plan, appeal  
basis, purpose of the project, development plan review criteria,  
development plan, context map, and photos of the street views. He  
identified the base zoning standards, surrounding use compatibility,  
landscape, parking, traffic, geologic hazards, and compatibility with  
PlanCOS and West Side Plan.  
Councilmember Risley asked how often the City deviates from parking  
requirements for vehicles versus parking requirements for other types of  
multimodal transportation. Mr. Gray stated they do not do that often but  
in the more urban parts of the City where there are bike routes and bus  
routes that have a higher frequency of running, there are properties  
utilizing allowed parking reductions per the development code.  
President Helms asked how many parking spaces would be required if  
there were no variance. Mr. Gray stated approximately seventy.  
Councilmember Leinweber requested additional information regarding  
the elevation of the site and surrounding properties. Mr. Gray identified  
how the development plan anticipates a grade difference of forty-five  
feet between the finished floor of the building and the existing grade  
where the single-family homes are located to the west of this site.  
Councilmember Donelson stated there is a total of fifty units so there  
would be seventy- five parking spaces. Mr. Gray stated he will check to  
make sure.  
Catherine Duarte, United States Department of Housing and Urban  
Development (HUD) Programs Manager for the Housing and  
Community Vitality Department, stated this project, which the  
Department is supporting through grant funds and other forms of  
assistance, meets the many and very high standards required by their  
Department, the State’s Housing Finance Authority, and other federal  
funding agencies. She identified the criteria and went over how this  
project meets the requirements for affordable housing and its  
compatibility with HomeCOS.  
Tracey Bradford, representing the appellant, stated she did not receive  
notice of this project because her home was not within the notification  
area, this building would tower over the surrounding neighborhood, it  
would not be harmonious or compatible with the area, she read  
statements from co-appellants, Mike Jean, Mario Vasquez, John  
Milman, and spoke with business owners Cathy Neechi, Bill Plummer,  
and Diane Christenson who spoke about crime issues in the area. She  
also stated there are neighborhood concerns regarding landslide  
susceptibility, drug/crime situation, building height/density, traffic,  
discrimination, parking, and safety issues for the children at Ruth  
Washburn Cooperative Nursery School and surrounding residents.  
Scott Hiller, representing the appellant, identified where the appellants  
reside, the Planning Commission’s denial of their request for  
postponement, and the appeal criteria they are required to provide  
evidence of. He stated the proposal does not substantially comply with  
The Westside Plan because it is thirty percent too high and 225 percent  
too dense, they do not believe the application is in line with the intent of  
the Zoning Code, there were many mistakes made and wrong  
assumptions at play when City staff made the administrative decision,  
the decision was made too hastily, with very little public commentary or  
input. Mr. Hiller stated he believes the application should have never  
been on the administrative track to begin with, it is in a landslide area, it  
is contrary to the neighborhood plan, it is using taxpayer money, and it is  
controversial. He went over the components of the Westside Plan and  
stated that where any provision of this Zoning Code conflicts with other  
provisions of City Code, or any other law or ordinance, the more  
stringent requirement, regulation, restriction, or land use limitation shall  
apply and a majority of the zoning in this area is R-2 which is incorrect.  
Mr. Hiller provided an overview of the September 8, 2022 Geologic  
Hazard Study, the contents of the original report caused a dramatic  
change in their design plan, key requirements of the City’s Geologic  
Hazard Study, the third parties’ review of the CTL Thompson report, how  
there is groundwater detected in the bedrock, details of the previous  
residential landslides, landslide proximity to the proposed site, landslide  
information on Columbine Avenue, and how City staff made an incorrect  
administrative decision to approve the Development Plan.  
Councilmember Risley asked if the zoning is compatible with this  
application and development plan. Mr. Gray confirmed it is.  
Councilmember Risley asked if Mr. Hiller a geotechnical engineer. Mr.  
Hiller stated he was the Chief of Geosciences for an engineering firm, is  
a geophysicist, geologist, he has a degree in geophysics with a minor in  
geology mathematics and has worked in the field with more than 15  
years of professional engineering. Councilmember Risley asked if he  
was certified in the state of Colorado. Mr. Hiller stated he was not.  
Andrea Barlow, Principal NES, representing the applicant, introduced  
Shawna Kemppainen, CEO, The PLACE, Wayne Bland, Chair, Housing  
Stability Committee, The PLACE, and Lisa Sorensen, Development  
Director, Cohen-Esrey.  
Ms. Sorenson provided an overview of the applicants.  
Ms. Kemppainen went over the project intent and building features.  
Ms. Sorenson identified the access to services/transit and why they  
chose this location.  
Ms. Barlow provided an overview of surrounding land use, zoning,  
development features, and their response to the claims of the appeal.  
Bill Hoffman, CTL Thompson, identified his experience with the City’s  
geohazard Ordinance, landslides, landslide susceptibility zones, the  
geologic response, slope stability, existing condition, temporary  
construction condition, and proposed construction.  
President Helms asked Mr. Hoffman how many recommendations he  
has made to build in the City. Mr. Hoffman stated if they feel a site is not  
suitable for development, they tell the client that and there have been at  
least a dozen of those.  
President Helms asked if there were any reason for there to be  
additional inspections from the state. Mr. Hoffman stated the geologic  
hazards of this site are irreputable, but it is the engineering behind it  
which is not the Colorado Geological Survey’s purview because they are  
geologists.  
President Helms asked if Mr. Hoffman was an engineer. Mr. Hoffman  
confirmed he has been a continuously registered, professional engineer  
for forty years and is also a Fellow in the organization that represents  
the business interests of all consulting engineers which requires a high  
degree of ethics and a high degree of community involvement.  
Councilmember Donelson asked if Mr. Hoffman would object to his  
geotechnical report being reviewed by CGS. Mr. Hoffman stated he  
would not.  
Councilmember Henjum asked if City Council has the purview to make  
decisions beyond a land use plan. Mr. Bolinger stated that generally  
when it comes to plans, they are not binding documents, they are  
advisory, planning documents, and not every decision that comes after  
the plan is adopted is one hundred percent conformative to the plan and  
it is there as guidance for people who make future decisions.  
Councilmember Risley asked if the plan was written in 1979 and asked if  
it was aspirational in nature. Mr. Gray confirmed the Westside Plan is an  
advisory, aspirational document.  
Councilmember Talarico asked how often the Westside Plan is used to  
make decisions in the Planning Department. Mr. Gray stated they do not  
use the Westside Plan by itself to make decisions.  
Councilmember Risley requested additional information regarding  
use-by-right. Ms. Barlow stated the applicant had an expectation of what  
was allowed on the property which included multi-family residential.  
President Helms asked if the building will be located one hundred  
twenty-five feet from the retaining wall. Ms. Barlow stated it will be one  
hundred twenty-five feet from the property line and the existing  
neighbor’s fence, not the retaining wall.  
Councilmember Henjum asked how public input was obtained. Ms.  
Barlow identified the numerous meetings held.  
Citizens Beth Linquist and Pastor Paula Stecker ceded their time to  
Susan Bolduc, Colorado Springs Faith Table, Sam Clark, Pikes Peak  
Real Estate Foundation, Evan Castor, Senior Manager, Homeless  
Initiatives, Becca Sickbert, Lee Patke, Executive Director, Greccio  
Housing and Cofounder of the Pikes Peak Housing Network, Wayne  
Bland, volunteer at The Place, Kat Lilley, Peer Programs and Volunteer  
Manager for National Alliance on Mental Illness (NAMI) of Colorado  
Springs, Beth Roalstad, CEO of Homeward Pikes Peak, Nancy Wallace,  
Angela Roberts, Community Health Partnership and the Pikes Peak  
Continuum of Care, Melanie Lindsay Brisbin, Deliah Eberhart, Jen  
Filonowich, Executive Director, Ruth Washburn Cooperative Nursery  
School, Daniel Figueroa, Justin Trudeau, Board President, Westside  
Neighbors, Liss Smith, Inside Out Youth Services, Susan Edmondson,  
President and CEO, The Downtown Partnership of Colorado Springs,  
Pam Bland read a letter of support from Jason Cooper, Lori Jarvis,  
Executive Director of the NAMI, Maryah Lauer, EmRhys Jenkins, Kelly  
Perry, Max Kronstad, and Cathy Verdier spoke in support of this project.  
Councilmember Donelson asked if the board and the families of the  
Ruth Washburn Cooperative Nursey School unanimously support this  
project. Ms. Filonowich stated they only heard concerns from one family  
out of the 110 families.  
Citizens Kevin Gigiano, Amanda Gigiano, Michael Greensmith, Orville  
Wilson ceded their time to Mike Wagner, Reggie Vandriest ceded their  
time to Catherine Gilsey, Dana McLaren, Tom Strand, Mike Wemple,  
John Pitchford ceded his time to Dana Duggan, and Sharon Dehalis  
spoke in opposition of this project.  
Councilmember Donelson asked Mike Wemple if he had experienced  
any issues with his home’s foundation shifting. Mr. Wemple confirmed  
he has.  
Ms. Barlow stated for the resident who lives immediately south of the  
property regarding his concerns about the detention pond and water  
onto his property, the detention pond is going to be graded away from  
his property so the water will be stored and then released into the City  
stormwater sewer system on 19th street so it is going to significantly  
improve the stormwater flows, the survey of parents with children at the  
nursery school resulted in sixty-eight percent in favor of the Launchpad  
project, the building is not being built on a hill, CGS would have the  
same findings at Mr. Hoffman, the Westside Plan Ordinance contents  
are just advisory, aspirational, and out of date, they are not City Code or  
policy.  
Ms. Sorenson stated they are compliant with all zoning codes, they have  
obtained professional reports prepared by engineers, CTL Thompson,  
and reviewed by the City engineers, they have done their due diligence,  
they have followed all the steps, all the rules, and they would like to  
move forward with this development.  
Ms. Kemppainen stated they would not have selected this place if they  
did not think it was the right spot for what they are doing, there is  
approximately 190 youth experiencing homelessness in any given  
month in across El Paso County, the data shows that one in five of them  
will trade their body for place to sleep, the return on investment is it  
costs $37,000.00 a year to have someone stay on the street.  
Councilmember Leinweber asked what the requirements are for  
someone to stay at The Place. Ms. Kemppainen stated permanent  
supportive housing is not only housing, it is housing first because when  
someone is housed first, whatever else it is that they must address is  
going to be a much lower hurdle and residents have to qualify with some  
form of disability.  
Councilmember Leinweber asked how many full-time staff will be on  
duty. Ms. Kemppainen stated this will be defined by the funding, it is  
required that they must have one case manager for every fifteen people  
who are living at the Launchpad and that does not include the mental  
health workers from Peak Vista Community Health or other services  
which will be around. Ms. Sorenson stated there will also be a Property  
Manager, Assistant Manager, and maintenance person.  
Councilmember Talarico asked how many people The Place has  
assisted in permanent supportive housing. Ms. Kemppainen stated  
approximately thirty to forty-five people.  
Councilmember Talarico asked if they also assist with helping find  
employment. Ms. Kemppainen confirmed they do.  
Councilmember Donelson asked if residents would be required to  
participate in the programs. Ms. Kemppainen stated it would not be  
required or be time limited.  
Councilmember Donelson asked if a resident could bring guests in to  
spend the night. Ms. Kemppainen stated residents would be allowed to  
have guests, but it would be monitored, and they have not worked out if  
they would be allowed to spend the night.  
Councilmember Donelson asked how drugs would be prevented from  
entering the Launchpad. Ms. Kemppainen stated they will be setting  
standards and goals for the youth and there will be people there to deter  
certain behaviors.  
Councilmember Donelson asked how old someone can be and still stay  
there. Ms. Kemppainen stated eighteen- to twenty-five-year-olds.  
Mr. Bolinger encouraged City Council to refocus to the review criteria for  
the Development Plan.  
Mr. Hiller stated the title of the Ordinance is the geological hazards  
Ordinance, not the engineering hazards Ordinance, geologic hazards  
need to be recognized such as groundwater detected in the bedrock,  
there is Pierre Shale, and there is steeply dipping bedrock on the site.  
Councilmember Donelson asked if the CSG reviewed the CTL  
Thompson report, it they would have different conclusions. Mr. Hiller  
stated the CSG does their own research, and he would expect them to  
identify the shortcomings of the report.  
Councilmember O’Malley asked if insurance companies seek advice  
from Mr. Hiller regarding actuarial assessments for viable projects. Mr.  
Hiller stated a wide variety of companies have come to him with those  
kinds of questions.  
Ms. Barlow stated the reason Boulder, CO, Jefferson County, and El  
Paso County send everything to CGS is because they do not have any  
qualified staff to review such reports unlike the City who does have  
qualified staff, these geohazards concerns by the appellant were not as  
prevalent in the Planning Commission hearing nor inherit in the initial  
statements and the request to send the geohazard report to CGS for  
review is a bit of a red herring and an intent to delay this project which  
could delay the funding and jeopardize the project, this is a perfect  
neighborhood for this project because it is a mixed-use neighborhood, it  
is zoned R-5 for multi-family, they went through the applicant’s grounds  
for appeal one-by-one, the Fair Housing Act needs to be considered  
regarding the land use, but not the proposed programs, they have a very  
strong geohazard technical engineer on our team, this project will be  
reviewed throughout the construction, for the building permit Regional  
Building will require a site specific geological report to look at the  
foundations and the walls, this site will not be natural slope, it is a fill, it is  
being graded, it has been created artificially, and they are mitigating it  
through avoidance by putting the building in the northeast corner of the  
property.  
Mr. Gray stated this is a multi-family apartment building in an R 5 zoning  
district, it is subject to review based on the adopted Unified  
Development Code (UDC), he went over the purpose/intent of the R-5  
district, development plan review criteria, and how they reached their  
decision for recommendation on the project.  
Tyra Sandy, City Engineering, stated they adequately identified the  
geologic hazards that were are on the site, they identified the mitigation  
measures with the primary mitigation measure which the applicant  
utilized was to just avoid this the slope altogether, they identified a slight  
cut into the slope which will be retained by utilizing a retaining wall to  
keep it stable, the other hazards which they identified were the  
expansive soils of which they recommended over excavation  
underneath the building to maintain stability and reduce differential  
movement, they also identified erodible soils and talked about  
vegetation to cover those issues, so from the City’s standpoint they met  
their criteria of the geologic hazard report, and City Council can  
recommend that it go to CGS, however, CGS is only a review and the  
approval lies within City Engineering.  
Councilmember Leinweber asked what the risk to the building will be.  
Ms. Sandy stated even though the building will be built on flat land, if the  
slope was to fail, it would hit the building.  
Councilmember Leinweber requested additional information regarding  
the proposed retaining wall. Ms. Sandy explained that it is an  
engineered wall and by stabilizing the toe of the slope, it will provide  
additional support which will reduce the risk for the houses above.  
Councilmember Talarico asked if it is City Engineering’s  
recommendation that this appeal be denied. Ms. Sandy confirmed it is.  
Councilmember Donelson asked if the CTL Thompson report should  
have included a statement about the steeply dipping bedrock on the  
property. Ms. Sandy stated steeply dipping bedrock is right across the  
Front Range and this site is significantly outside, about a mile, the zone  
of steeply dipping bedrock.  
Councilmember Donelson requested that each of Mr. Hiller’s concerns  
be addressed. Ms. Sandy stated the depth of the groundwater is below  
the range and Pierre Shale is very expansive.  
President Helms requested how the CTL Thompson report was  
reviewed. Ms. Sandy explained they follow the Geohazard Code to  
identify hazards which need to be addressed such as dipping bedrock,  
undocumented fill, and slope stability, how the applicant mitigates it, if it  
addresses the slope stability adequately, they run the slope stability  
analysis, the factors of safety, and if those are within industry standards.  
President Helms asked if Ms. Sandy felt there was a need for the State  
to review the project or geohazard report. Ms. Sandy stated she does  
not think they need to, and they are not the approval authority, City  
Engineering is.  
Councilmember Donelson asked if City Engineering would consider  
recommendations from CGS. Ms. Sandy confirmed they would.  
President Helms asked if Mr. Hoffman had any qualms regarding his  
recommendation. Mr. Hoffman stated he does not have any qualms  
about their recommendations, he thinks the engineering analysis was  
very robust and probably very untypical regarding the level of detail that  
would be provided by others.  
President Helms stated he trusts the reports and recommendations  
provided by staff and Mr. Hoffman.  
Councilmember Donelson stated he takes very seriously what the  
citizens that live directly above the site report as far as the condition of  
their homes, reports of other homes sliding nearby, and the different  
testimonies from experts, and requested the CTL Thompson report be  
referred to the CGS for review and table this matter until they have had  
a chance to review it.  
Councilmember Risley stated this project is a land use project and they  
are tasked with whether or not this meets the criteria for land use, this  
project is a use by right, he has worked on projects with all kinds of  
interesting geological and geographic technical concerns, but the reason  
for engineering is to overcome and mitigate those concerns in order to  
solve those problems. He stated the City has on staff geologists and  
geotechnical engineers who have looked at this and have determined  
that the reports are accurate, the reports will address and mitigate the  
concerns, having CGS review it will not change the outcome, and he  
does not support a postponement.  
President Helms and Councilmember Leinweber stated they also do not  
support a delay.  
Councilmember Donelson stated there has been concerns brought  
forward by someone he would say is a credible party and the fact that  
the applicant may have their finances structured to where this is difficult  
for them does not absolve City Council of their responsibility to look out  
for the safety of the citizens that live in that area, He request that they  
think of that and the people who have lived there for decades first and  
not a rush for fifty apartments of housing.  
Councilmember Henjum asked if Ms. Sandy was one of three engineers  
working for the City and if the others have reviewed the CTL Thompson  
report. Ms. Sandy confirmed that she is, and Gayle Sturdivant and  
Patrick Morris also reviewed the report.  
Councilmember Henjum stated the concerns seems to be more with the  
residents who live on the ridge and not the building which will be located  
on flat land.  
Councilmember Talarico stated a referral to CGS disregards that there  
are experts in this City who have done their job and she will not be  
supporting the motion to refer it.  
Councilmember Donelson asked Mr. Hiller if Ms. Sandy addressed his  
concerns. Mr. Hiller stated she did not and the biggest issue with the  
steeping dipping bedrock is the map itself says that the boundaries are  
approximate, however the data that they have provided show that it  
does exist on the site, an inclinometer analysis would satisfy what the  
dip in the bedrock, they depict a hazard which they do not discuss or  
negate which is a public safety concern. He stated he consulted a third  
party, Chris Rudnick, and his findings mirrored his own, and the top of  
the ridge is at risk if the bottom of the hill is excavated.  
Councilmember Risley provided an overview of different types of  
construction between residential and commercial, and the modernization  
of construction techniques.  
Councilmember Leinweber asked when the application was submitted.  
Mr. Gray stated January 4, 2023 which is a reasonable amount of time  
for this type of project and went over the details of the application  
process.  
Councilmember O’Malley asked Mr. Wagner (an excavator) if he would  
work on this project. Mr. Wagner stated he would not because he has  
seen projects like this which have failed, and it is way too dangerous.  
Motion by Councilmember Donelson, seconded by President Pro Tem  
Crow-Iverson, to refer the CTL Thompson geohazard report to Colorado  
Geological Survey (CGS) for review. The motion failed by a vote of 3-6-0-0.  
3 - Crow-Iverson, Donelson, and O'Malley  
Aye:  
6 - Avila, Helms, Henjum, Leinweber, Risley, and Talarico  
No:  
Councilmember Avila stated she thinks this is an amazing project  
because it creates more diversity for the City’s housing, it is affordable  
housing, it offers walkability, and it promotes public transportation, which  
is not only good for the environment, it creates less traffic.  
Motion by Councilmember Avila, seconded by Councilmember Henjum, to  
deny the appeal and uphold the Planning Commission approval of the  
Launchpad Apartments project, based upon the findings that the  
development plan meets the review criteria set forth in City Code Section  
7.5.502.E, and that the appeal criteria in UDC Section 7.5.415.2 are not met.  
The motion passed by a vote of 6-3-0-0  
6 - Avila, Helms, Henjum, Leinweber, Risley, and Talarico  
3 - Crow-Iverson, Donelson, and O'Malley  
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, Council  
adjourned.  
Sarah B. Johnson, City Clerk