HomeMy WebLinkAboutMINUTES-11/03/2025-RegularMonday,November 3,2025
COUNCIL OF THE CITY OF FORT COLLINS,COLORADO
Council-Manager Form of Government
Regular Meeting —6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A)PROCLAMATIONS AND PRESENTATIONS
PP 1.Declaring the Day of November 8,2025,as the 30th Anniversary of Art in Public Places.
PP 2.Declaring the Day of November 10,2025,as the United States Marine Corps’250th
Anniversary.
PP 3.Declaring the Day of November 11,2025,as Veteran’s Day.
PP 4.Declaring the Week of November 2-8,2025,as Law Enforcement Records Personnel
Week.
Mayor Pro Tern Emily Francis presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
B)CALL MEETING TO ORDER
Mayor Pro Tem Emily Francis called the regular meeting to order at 6:00 p.m.in the City Council
Chambers at 300 Laporte Avenue,Fort Collins,Colorado,with hybrid participation available via the
City’s Zoom platform.
C)PLEDGE OF ALLEGIANCE
Mayor Pro Tern Emily Francis led the Pledge of Allegiance to the American Flag.
D)ROLL CALL
PRESENT
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilrnember Kelly Ohlson
ABSENT
Mayor Jeni Arndt
Councilmember Julie Pignataro
City of Fort Collins City Council Proceedings Page 397
November 3,2025
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
E)CITY MANAGERS AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda,including:
•No changes to the published agenda.
•Items 1-15 on the Consent Calendar are recommended for adoption.
•Six discussion items.
F)COMMUNITY REPORTS —None.
G)PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Garrett Putman,member of the Youth Advisory Board and FAST swim team,spoke in support of the
new Southeast Community Center.He encouraged Council fully fund the project with ten swim lanes.
Sam Marsh spoke about genocide in Gaza and commented on the City’s involvement in this through
supplies that are provided to Israel.He urged Council to divest from all organizations who are
contributing to the genocide.
Ann Hutchison,CEO and President of Fort Collins Chamber,noted this is Small Business Month and
commented on the importance of small businesses to the community.She noted the Shop Local icon
is being reintroduced.Additionally,she thanked City staff for hosting a Bioscience pitch competition
at CSU.She urged Council to oppose capital expansion fees,delay the tree mitigation program,and
rely on incentives as opposed to regulation in terms of Building Performance Standards given
concerns about affordability in Fort Collins.
Sandra Hicks expressed support for the new Southeast Community Center and encouraged Council
to approve all ten lanes.She commented on the difficulty her swim team has finding time to practice
given the number of members of FAST and high school swim teams.She also discussed the benefits
of swimming as a lifetime sport.
Rebecca Schulz thanked Council for its support of the Southeast Community Center and stated it will
make a positive impact on the community.She commented on the importance of increased indoor
swim space and noted the difficulty for all who are swimming to find pool space.
Ezriah Shteir stated he spent the weekend violating City Code by posting signs on City property which
are similar to garage sale signs that include phone numbers and addresses;therefore,those offenders
should be easy to track down.He stated the sign posting ordinance has not been enforced for years
and urged Council to remove it from the Code.
Emily Petty,student at Fossil Ridge High School and FAST swimmer,expressed support for the
Southeast Community Center and all ten swim lanes.She noted the difficulty all schools have in
finding pool space.She thanked Council for their time and for listening.
Aaron Million,CEO and Chairman of WaterWorks Resources,which is a new water supply project out
of the Green River basin.He stated the intent of the project is to bring in a new water supply for
agriculture,environmental instream flows,some municipal use,and hydropower He stated the project
will bring water into the North Fork of the Poudre River and noted they have been looking at a potential
City of Fort Collins City Council Proceedings Page 398
November 3,2025
opportunity to partner with CSU and the City to support a new irrigation research project on Meadow
Springs Ranch.
Rich Stave spoke about climate change being an oxymoron and stated we could benefit from a change
in climate.He discussed the proposed utility rate increases and stated those increases are due to
construction projects with unproven technologies,monopolized delivery and pricing,and limited
choices.He stated choices are removed at a local level for political reasons and cited electric vehicle
incentives as an example.
Kristin Candella,director of Habitat for Humanity,spoke about the need for safety and security for
homeowners and cited the benefits of having stable and affordable housing costs.She noted
affordable housing is the number one concern in the community and urged Council to utilize $5 million
of the increased CCIP funds for affordable housing.
Jaime Thorpe requested Council pull Item No.5,Items Relating to Tree Policy,from the Consent
Calendar.
Steven Yurash noted he attended the Council work session last week and expressed concern that
Council was surprised with staff’s lack of progress on Our Climate Future and Building Performance
Standards and now Council wants to rush into new ordinances prepared by staff as soon as possible.
He stated these issues need additional public outreach and Council dialogue.
Christy Coughlan thanked Council for supporting swimming and recreation in Fort Collins and spoke
in support of the Southeast Community Centerwith ten swim lanes.She discussed the lack of capacity
at current pools and the difficulty in finding pool space.She commented on the benefits of swimming
and stated the City has only one chance to build the community center properly.
Ella Thiele,Fossil Ridge High School student and FAST swimmer,spoke in support of the Southeast
Community Center with ten lanes.She discussed the difficulty in finding pool space in Fort Collins.
Public comment concluded at 6:36 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Councilmember Potyondy thanked the speakers,particularly the youth who spoke.
Councilmember Ohlson asked if the recommended Southeast Community Center proposal includes
ten lanes per Council direction.City Manager DiMartino replied in the affirmative.
Councilmember Gutowsky noted there have been requests for a new community pool for years and
commended the Southeast Community Center project moving forward.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Mayor Pro Tem Francis withdrew Item No.5,Items Relating to Tree Policy,as requested,and asked
Council to suspend the rules to combine it with Item No.17,Items Relating to Tree Poilcy,on
Discussion.Councilmembers concurred.
City of Fort Collins City Council Proceedings Page 399
November 3,2025
J)CONSENT CALENDAR
1.Consideration and Approval of the Minutes of the October 21,2025,Regular meeting.
The purpose of this item is to approve the minutes of the October 21,2025,Regular meeting.
Approved.
2.Second Reading of Ordinance No.163,2025,Appropriating Unanticipated Philanthropic
Revenue Received Through City Give and Authorizing Transfers of Appropriations.
This Ordinance,unanimously adopted on First Reading on October 21,2025,requests an
appropriation of $16,325 in philanthropic revenue received through City Give.These
miscellaneous gifts to various City departments support a variety of programs and services and
are aligned with both the City’s strategic priorities and the respective donors’designation.
In 2019,City Give,a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
3.Second Reading of Ordinance No.164,2025,Making a Supplemental Appropriation for
2025 Transfort Operational Expenses.
This Ordinance,unanimously adopted on First Reading on October 21,2025,makes a
supplemental appropriation for 2025 Trans fort operational expenses.The post-pandemic Transit
industiy has experienced unprecedented levels of cost increases resulting in estimated operating
cost increases of 50%-70%across the industiy for 2025.Transfort is experiencing similar
expense impacts with significant cost increases across the three largest segments of its budget
personnel,vehicle repair services,and contracted transportation services.Compounding the
impact of Transfort specific expense overruns are citywide fiscal pressures that require a
reduction in the previously allocated General Fund support of the Transit Fund.As a result,
Transfort is requesting a supplemental appropriation of $2 8M from the 2050 Tax Parks Rec
Transit OCF Fund (‘2050 Transit Tax”)to support Transfort’s 2025 operational expenses.
Adopted on Second Reading.
4.Second Reading of Ordinance No.165,2025,Declaring Certain City-Owned Property at
Fossil Creek Wetlands Natural Area as Right-of-Way.
This Ordinance,unanimously adopted on First Reading on October 21,2025,declares
approximately 0.2 acres of Fossil Creek Wetlands Natural Area as Right-of-Way for the Trilby
Road Bridge Replacement project
The Trilby Road Bridge Replacement project is one element of Utilities’comprehensive stream
rehabilitation along Fossil and Stanton Creeks.This portion of the project will facilitate the
installation of a replacement bridge and culvert and permit future bicycle and pedestrian
infrastructure.The existing culvert is structurally deficient and blocks fish passage and stream
habitat connectivity.The bridge replacement will restore passage for native fish and
macroinvertebrates and connect a soon-to-be restored reach of Fossil Creek (slated for Fall
2025/early-2026)to an upstream reach slated for restoration in the next few years.This portion
of the project will also support future bicycle and pedestrian infrastructure.The additional right-
of-way proposed for the bridge replacement encompasses 8,890.61 square feet or 0.2 acres.
Adopted on Second Reading.
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November 3,2025
5.Items Relating to Tree Policy.
A.Second Reading of Ordinance No.169,2025,Amending Article 5,Section 10 of the Land Use
Code of the City of Fort Collins for the Purpose of Requiring a Commercial Tree Removal Pennit.
B.Second Reading of Ordinance No.170,2025,Amending Chapter 27,Article 32 of the Code
of the City of Fort Collins for the Purpose of Requiring a Commercial Tree Removal Permit
C.Second Reading of Ordinance No.171,2025,Amending Article 5,Section 10 of the Land Use
Code of the City of Fort Collins for the Purpose of Requiring Additional Enhanced Tree Protection
Measures During Construction.
D.Second Reading of Ordinance No.173,2025,Amending Article 5,Section 10 of the Land Use
Code of the City of Fort Collins for the Purpose of Updating Tree Mitigation Exemptions.
E.Second Reading of Ordinance No.175,2025,Amending Article 5,Section 10 of the Land Use
Code of the City of Fort Collins Amending Tree Planting Spacing Requirements and Tree
Math tenance.
These Ordinances,unanimously adopted on First Reading on October 21,2025,present seven
ordinances that provide five tree policies for potential adoption in City Municipal and Land Use
Codes,including an ordinance for tree spacing and Code maintenance.The five policies intend
to update best management practices around tree preseivation and mitigation,thus improving
predictability and simplification of the current code.
Associated Ordinances Nos.172 and 174 are on Discussion due to a split vote.
Moved to Discussion,combined with Item No.17 Under “Consideration of Items for
Discussion.”
6.First Reading of Ordinance No.176,2025,Being the Annual Appropriation Ordinance for
the Fort Collins Downtown Development Authority Relating to the Annual Appropriations
for the Fiscal Year 2026 and Fixing the Mill Levy for the Downtown Development Authority
for Fiscal Year 2026.
The purpose of this item is to set the Downtown Development Authority (“DDA”)Budget
The following amounts will be appropriated:
•DDA PubilclPrivate Investments &Programs:$14 170,326
•DDA Operations &Maintenance:$1,659,200
•Revolving Line of Credit Draws:$11,000,000
•DDA Debt Service Fund:$11,431,611
The Ordinance sets the 2026 Mill Levy for the Fort Collins DDA at five (5)mills,unchanged since
tax year 2002 The approved Budget becomes the Downtown Development Authority’s financial
plan for 2026.
Adopted on First Reading.
City of Fort Collins City Council Proceedings Page 401
November 3,2025
7.Items Related to 2026 Utility Rates &Fees.
A.First Reading of Ordinance No.177,2025,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates,Fees and Charges.
B.First Reading of Ordinance No.178,2025,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Rates,Fees and Charges.
C.First Reading of Ordinance No.179,2025,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Wastewater Rates,Fees and Charges.
D.First Reading of Ordinance No.180,2025,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Rates,Fees and Charges.
The purpose of this item is to propose 2026 Utility Rates for Council consideration,which align
with the 2026 City Manager’s Recommended Budget.Monthly utility rates are proposed to
increase 6%for electric customers,9%for water customers,8%for wastewater customers,and
6%for storm water customers.
Staff attended the October 14 Council Work Session to discuss 2026 Rates and Fees prior to
bringing foiward the following rate ordinances for adoption.
All Ordinances Adopted on First Reading,
8.First Reading of Ordinance No.181,2025,Adopting the 2026 Classified Employee Pay Plan.
The purpose of this item is to recommend the 2026 Classified Employee Pay Plan.Classified jobs
are grouped according to job functions,a business practice commonly used by both the public
and private sectors.Pay ranges are developed by career group (management,professional,
administrative,operations and trades)and level for each job function.The result of this work is a
Classified Employee Pay Plan which sets the minimum,midpoint and maximum pay ranges for
the level within each career group and function.Actual employee pay increases are awarded
through a separate administrative process in accordance with the budgeted amount approved by
Council.
Adopted on First Reading.
9.First Reading of Ordinance No.182,2025,Adopting the 2026 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
The purpose of this item is to adopt the 2026 Larimer County Regional Transportation Capital
Expansion Fee Schedule.
Adopted on First Reading.
10.First Reading of Ordinance No.183,2025,Amending Section 26-149 of the Code of the City
of Fort Collins Regarding Annual Water Allotments for Nonresidential Water Services with
Permits Issued Before March 1,1984.
The purpose of this item is to seek approval for revising the methodology for how annual water
allotments for nonresidential customers with permits issued before March I,1984,are calculated
prior to applying excess water use surcharges (surcharges)for these customers on December 1,
2025.Annual water allotments (allotments)are a volume of water measured from December 1 to
November30 each year.
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November 3,2025
Nonresidential customers that received a tap prior to March 1,1984,were not initially assigned
an allotment,even after the City began assigning new nonresidential customers with allotments
on March 1,1984.Per Ordinance 152,2024,allotments were assigned to these customers on
December 1,2024,using a hybrid methodology that assigned the greater of either the tap credit
or average annual water use (based on historical use from years 2019 through 2023).Surcharges
were not to be appiled until December 1,2025,allowing affected customers time to adjust water
use to their allotment,if needed.It also allowed time for customers to ask questions and provide
input to staff After rece Wing and discussing feedback,staff is recommending revising the hybrid
methodology in City Code Section 26-149(e)to assign allotments based on the greater of the tap
credit or average historical use increased by one-ha if of a standard deviation to account for
variability in weather,patronage,revolving tenants,or other factors.
Adopted on First Reading.
11.Items Relating to E-Ticket and E-Crash Systems Projects Grant.
A.First Reading of Ordinance No.184,2025,Making Supplemental Appropriations and
Authorizing the Transferof Appropriations forthe Colorado Department of Transportation E-Ticket
and E-Crash Systems Projects Grant
B.Resolution 2025-091 Approving an Exception to the Competitive Process for the Purchase of
an Enhanced E-Ticket and E-Crash System from Tyler Technologies.
The purpose of this item is to appropriate $171,613 of unanticipated grant revenue from the
Colorado Department of Transportation’s Section 405C Grant Program and $45,737 from Police
Admin General Funds for the Enhancing E-Ticket and E-Crash Systems Project.
This item also requests an exception to the competitive bid process for the purchase of an
enhanced E-ticket and E-crash system from Tyler Technologies.Approval of this exception may
be used as authorized in City Code Section 8-161 (d)(4)as the basis for the City Manager and the
Purchasing Agent to negotiate and agree to the additional purchase of Software as a Service
(SaaS)and related services from Tyler Technologies without further Council approvaL This
additional worn would be added to an existing contract and would expand on an existing system,
using compatible technology available from the current vendor.
Exception to Competitive Bidding Rationale:Code Section 8-161 (d)(1)(c).A particular material or
service is required to maintain interchangeability or compatibility as part of an existing integrated
system.
Ordinance Adopted on First Reading.
Resolution Adopted.
12.Items Relating to the Front Range Passenger Rail Planning Study.
A.Resolution 2025-092 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins and the City of Loveland for the Front Range Passenger Rail Planning
Study.
8.Resolution 2025-093,Authorizing Acceptance of an Intergovernmental Grant Agreement
Between the City of Fort Collins and the Colorado Department of Local Affairs for the Front
Range Passenger Rail Planning Study.
City of Fort Collins City Council Proceedings Page 403
November 3,2025
C.First Reading of Ordinance No.185,2025,Making Supplemental Appropriations and
Appropriating Prior Year Reserves for the Colorado Department of Local Affairs Energy and
Mineral Impact Assistance Fund to Support the Front Range Passenger Rail Planning Study.
The purpose of this item is to enable the City to receive and expend Energy/Mineral Impact
Assistance Fund (EIAF)Grant funds through the Colorado Department of Local Affairs (DOLA)
for the Front Range Passenger Rail Planning Study.
The funds will be used to conduct a planning study for a proposed Front Range Passenger Rail
system in alignment with the Service Plan Development work being conducted by the Front Range
Passenger Rail District.If approved,the two resolutions and ordinance will:1)authorize the City
Manager to execute an intergovernmental agreement for the planning study with the City of
Loveland,2)authorize City staff to accept an intergovernmental grant agreement from the State
of Colorado Department of Local Affairs,and 3)appropriate $200,000 in EIAF grant funds,
$125,000 in City of Fort Collins match,and $75,000 in City of Loveland match for a total of
$400,000 to the project
Both Resolutions Adopted.
Ordinance Adopted on First Reading.
13.Resolution 2025-094 Approving Revised Fees for Fort Collins Police Services’Criminal
Justice Records.
The purpose of this item is to request an increase in fees for criminal justice records for Police
Services.The current fee schedule has been in effect since 2017,and the proposed adjustments
are necessaty to keep up with the change in technology and staff expenses.Pursuant to
C.R.S.Section 24-72-306(1),fees proposed by the criminal justice agency shall be established by
the governing body of the municipality.
Adopted.
14.Resolution 2025-095 Authorizing the Mayor to Execute City-Sponsored 401(a)and 457(b)
Restated Adoption Agreements.
The purpose of this item is to authorize the Mayor to execute restated adoption agreements for
City-sponsored 401(a),Police 401(a)and 457(b)plans inclusive of the changes detailed below.
Adopted.
15.Items Relating to Appointments to Various Boards and Commissions.
A.Resolution 2025-096 Making Appointments to the Historic Preservation Commission.
B.Resolution 2025-097 Making an Appointment to the Land Conservation and Stewardship
Board.
C.Resolution 2025-098 Making Appointments to the Senior Advisoty Board.
D.Resolution 2025-099 Making an Appointment to the Women and Gender Equity Adviso,y
Board.
The purpose of this item is to fill vacancies on various Boards and Commissions.
All Resolutions Adopted.
City of Fort Collins City Council Proceedings Page 404
November 3,2025
END OF CONSENT CALENDAR
Coundilmember Potyondy moved,seconded by Councilmember Ohison,to approve e
recommended actions on items 1-15,minus Item 5,on the Consent Calendar.
The motion carried 5-0.
K)CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Coundilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Ohlson asked about the source of funds for the Fort Collins local match related to
Item No.12,Items Relating to the Front Range Passenger Rail Planning Study.Chief Financial Officer
Caleb Wet replied the funds are intended to come from the climate portion of the 2050 tax.
L)STAFF REPORTS —None.
M)COUNCILMEMBER REPORTS
Councilmember Melanie Potyondy
•Commended school psychologists and noted it is National School Psychology Week.
•Commended City and County Clerks on election efforts.
Councilmember Susan Gutowsky
•Attended the Mobile Home Park Resource Fair put on by the City and commended staff work
on the event.
Councilmember Kelly Ohlson
•Provided a reminder to those involved in election campaigns that the City has arranged to
collect election signage and noted they can also be recycled at the City facility’s hard to recycle
area for a $5 entry fee.City Manager DiMartino noted that information will be published on the
City’s website.
Councilmember Tricia Canonico
•Attended the Routes to Change event put on by the White Line Foundation.
Clerk’s Note:Mayor Pro Tem Francis called for a break at 6:45 p.m.,noting the meeting would
resume at 6:52 p.m.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
City of Fort Collins City Council Proceedings Page 405
November 3,2025
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
16.Second Reading of Ordinance No.168,2025,Amending Chapter 7.5 of the Code of the City
of Fort Collins to Update the Capital Expansion Fees and the Transportation Expansion
Fees.
This Ordinance,adopted on First Reading on October 21,2025,by 5-1 (Nay:Francis),proposes
revisions to the methodologies of calculating the capita!expansion fees for updated fees that are
set in better alignment with City !and use laws and policy,phasing in fee increases over a two-
year period.This imp!ements an updated study based on studies conducted in 2023.(Inflationary
only fee adjustments were implemented in 2024 and 2025.)
At Council’s request,staff brought forward for consideration on First Reading four options for
adoption of the revised fees to be effective January 1,2026:
1.Fees with continued,inflation-on!y adjustments (“Status Quo Option”or “Option #1’);
2.Fees as proposed September 9,2025 (“Proposed Option”or aoption #2’);
3.Fees that are a phased-in implementation of the Proposed Option —two versions (“Phased-In
Option”or “Option #3’);and
4.Fees that are a fractional implementation of the Proposed Option —three versions (“Fractional
Option”or “Option #4’).
One additional change has been made to Ordinance No.168,2025,for Second Reading:
•Recital “I”has been updated to provide Council determinations relating to the two-year
phase-in.In the clean copy of the second reading ordinance,rec Hal “I.”is highlighted
to indicate this change.
PUBLIC PARTICIPATION
Jamie Thorpe,Hartford Homes,stated the City will collect about $5.6 million from Bloom
residential areas for neighborhood parks under the current Capital Expansion Fee policy.Bloom
residents will also pay for a neighborhood park to be built by the metropolitan district.Thorpe
stated single-family detached units are projected to increase 20%under this proposal with
neighborhood parks being the largest portion of that increase and requested Council create a
meaningful carve out so Bloom residents are not double-paying for parks.
COUNCIL QUESTIONS/COMMENTS
Mayor Pro Tem Francis requested staff follow-up with Thorpe.
Councilmember Ohlson requested additional information.Josh Birks,Social Sustainability
Deputy Director,replied Bloom,as part of its Planned Unit Development (PUD)Master Plan,is
constructing additional park space;however,just as the Metro District Policy requires public
benefits be delivered,the Planned Unit Development Master Planning process also requires that
development achieve exceptional outcomes in order to be able to access that alternative process.
He noted the Hartford Homes application that justifies the use of the PUD process and the Metro
District,calls out additional park space as being part of achieving those standards.He stated that
Bloom’s Metro District is funding parks that go beyond the base level of service that is used to
calculate the capital expansion fees in order to be able to access those two development tools
which are not part of the standard process.
Councilmember Potyondy moved,seconded by Councilmember Ohlson,to adopt
Ordinance No.168,2025,Amending Chapter 7.5 of the Code of the City of Fort Collins to
City of Fort Collins City Council Proceedings Page 406
November 3,2025
Update the Capital Expansion Fees and the Transportation Expansion Fees,on Second
Reading.
The motion carried 4-1.
Ayes:Councilmembers Ohlson,Potyondy,Canonico,and Gutowsky.
Nays:Mayor Pro Tern Francis.
17.Items Relating to Tree Policy.
A.Second Reading of Ordinance No.169,2025,Amending Article 5,Section 10 of the Land Use
Code of the City of Fort Collins for the Purpose of Requiring a Commercial Tree Removal Permit
B.Second Reading of Ordinance No.170,2025,Amending Chapter 27,Article 32 of the Code
of the City of Fort Collins for the Purpose of Requiring a Commercial Tree Removal Permit
C.Second Reading of Ordinance No.171,2025,Amending Article 5,Section 10 of the Land Use
Code of the City of Fort Collins for the Purpose of Requiring Additional Enhanced Tree Protection
Measures During Construction.
D.Second Reading of Ordinance No.173,2025,Amending Article 5,Section 10 of the Land Use
Code of the City of Fort Collins for the Purpose of Updating Tree Mitigation Exemptions.
E.Second Reading of Ordinance No.175,2025,Amending Article 5,Section 10 of the Land Use
Code of the City of Fort Collins Amending Tree Planting Spacing Requirements and Tree
Math tenance.
These Ordinances,unanimously adopted on First Reading on October 21,2025,present seven
ordinances that provide five tree policies for potential adoption in City Municipal and Land Use
Codes,including an ordinance for tree spacing and Code maintenance.The five policies intend
to update best management practices around tree presei’vation and mitigation,thus improving
predictability and simplification of the current code.
A.Second Reading of Ordinance No.172,2025,Amending Article 5,Section 10 of the Land Use
Code of the City of Fort Collins for the Purpose of Establishing a Three-Year Establishment Period
for Street Trees.
B.Second Reading of Ordinance No.174,2025,Amending ArticleS,Section 10 of the Land Use
Code of the City of Fort Collins for the Purpose of Enhancing Tree Mitigation.
These Ordinances,adopted on First Reading on October21,2025,by 4-2 (Nays:Arndt,Francis),
amend Article 5,Section 10 of the Land Use Code of the City of Fort Collins for the purpose of
establishing a three-year establishment period for street trees,and amend Article 5,Section 10
of the Land Use Code of the City of Fort Collins for the Purpose of Enhancing Tree Mitigation
These items present seven ordinances that provide five tree policies for potential adoption in City
Municipal and Land Use Codes,including an ordinance for tree spacing and Code maintenance.
The five policies intend to update best management practices around tree preseriation and
mitigation,thus improving predictability and simpilfication of the current code.
Staff reviewed the concern that had been raised at first reading about conflicts with fire
access considerations,and to address this,language has been added to Section 3 of
Ordinance No.174,2025,lirniting the use of a double row of street trees to only situations
where compatible with emergency access.
City of Fort Collins City Council Proceedings Page 407
November 3,2025
PUBLIC PARTICIPATION
Jamie Thorpe,Hartford Homes,expressed concern regarding the escrow policy and tree warranty
responsibility element of the Code.Thorpe suggested the responsibility for tree maintenance
should lie with the person responsible for the adjacent landscaping and stated the details of these
changes were not provided early enough for adequate public response.
Rich Stave stated he lives in a Planned Unit Development that was developed in the County and
questioned how the tree policies will apply to tree management.He also questioned how the new
policy will play out in his area and expressed concern it could become an expensive issue.
COUNCIL QUESTIONS/COMMENTS
Councilmember Ohlson requested a staff response regarding the three-year tree warranty issue
and the escrow policy.Dean Klingner,Community Services Director,stated the proposed policy
does not transfer ownership of trees to homeowners until after the three-year establishment
period.However,he stated developers could work with homeowners should a tree be damaged
by a homeowner.Kendra Boot,City Forester,replied nothing is changing with the escrow policy
and the same language exists in the Code today.
Councilmember Ohlson asked about the reasoning for the escrow policy.Klingner replied
developers are required to install infrastructure that is accepted and completed prior to the
issuance of a building permit.He stated escrow exists in general to allow building permits to be
pulled while still protecting the City to address situations wherein that infrastructure cannot be
completed.He stated it is a commonly used flexibility tool for landscaping due to the limitations
on when planting can occur.
Mayor Pro Tern Francis stated the escrow policy in the Code is not very clear as it does not allow
a lot-by-lot escrow and it is unclear when reimbursement occurs.She suggested more time be
taken to ensure clarity in the policy and spoke in favor of postponing the item to work with those
who have expressed concerns.
Councilmember Ohlson suggested postponement could be done specific to the escrow issue
without delaying the remainder of the tree policy.He stated he views the tree policy as a metaphor
for the affordable housing discussion and stated the borderline obsession with affordable housing
at the expense of everything else has grown tiresome to him.He stated the tree policies will have
no discernable impact whatsoever on affordable housing and stated it seems the tactics being
used are delay,dilute,and defeat.Additionally,he stated that many of the policies that have led
to the high quality of life in Fort Collins would not get passed now,which is frustrating.He
expressed support for working with Housing Catalyst and others to find affordable housing
opportunities;however,he opposed weakening policies to try to get there.
Councilmember Potyondy supported a postponement to ensure Councilmembers are comfortable
with what they are considering.She concurred with Councilmember Ohlson that the intention
should not be to dilute the policy;however,she commented on the importance of ensuring the
clarity of the policies.She asked about a recommended date for postponement.Klingner replied
the escrow policy is not within the tree policy and is separate in the Code;therefore,it would not
be realistic to rethink the entire policy and do outreach by the end of the year.However,if the
issue is more a conversation to help gain clarity or discuss how the escrow can work,staff could
return in two to four weeks.
Councilmember Ohlson stated he would support a monthlong delay for the escrow piece as it
relates to tree policy and a complete look at the escrow policy in the future which does not conflict
with the timetable of the tree policy.
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November 3,2025
City Attorney Daggett noted Ordinance Nos.169,2025 and 170,2025 are dependent upon one
another and the remainder could be considered individually.
City Manager DiMartino suggested staff could return December 2~’or December 16th with
additional tree policy information and a more fully veiled scope of examining a broader change
regarding the escrow policy.Mayor Pro Tern Francis suggested December 16th
Klingner noted the concerns discussed during First Reading related to whether the City follows
its own rnitigation policies and Code conflicts,particularly with Poudre Fire Authority.He noted
the responses to those issues were addressed in a read-before memo and clarified the City does
follow its own tree mitigation policy for all Land Use Code projects.Additionally,he noted the
double tree planting is an option,not a requirernent;therefore,there are no Code conflicts.
Councilm ember Potyondy moved,seconded by Councilmember Ohison,to adopt
Ordinance No.169,2025,Amending Article 5,Section 10 of the Land Use Code of the City
of Fort Collins for the Purpose of Requiring a Commercial Tree Removal Permit,on Second
Reading.
The motion carried 5-0.
Councilmember Potyondy moved,seconded by Councilmember Ohlson,to adopt
Ordinance No.170,2025,Amending Chapter 27,Article 32 of the Code of the City of Fort
Collins for the Purpose of Requiring a Commercial Tree Removal Permit,on Second
Reading.
The motion carried 5-0.
Councilmember Potyondy moved,seconded by Councilmember Ohlson,to adopt
Ordinance No.171,2025 Amending Article 5,Section 10 of the Land Use Code of the City
of Fort Collins for the Purpose of Requiring Additional Enhanced Tree Protection Measures
During Cons truction,on Second Reading.
The motion carried 5-0.
Councilmember Potyondy moved,seconded by Councilmember Canonico,to postpone
consideration of the Second Reading of Ordinance No.172,2025,Amending Article 5,
Section 10 of the Land Use Code of the City of Fort Collins for the Purpose of Establishing
a Three-Year Establishment Period for Street Trees,to December 16,2025.
Councilrnernber Ohlson stated he would support the motion given the date certain.
The motion carried 5-0.
Councilmember Potyondy moved,seconded by Councilmember Ohlson,to adopt
Ordinance No.173,2025,Amending Article 5,Section 10 of the Land Use Code of the City
of Fort Collins for the Purpose of Updating Tree Mitigation Exemptions,on Second
Reading.
The motion carried 5-0.
Councilmember Potyondy moved,seconded by Councilmember Canonico,to postpone
consideration of the Second Reading of Ordinance No.174,2025,Amending Article 5,
Section 10 of the Land Use Code of the City of Fort Collins for the Purpose of Enhancing
Tree Mitigation,to December it,2025.
City of Fort Collins City Council Proceedings Page 409
November 3,2025
Councilmember Ohlson stated he would support the motion given the date certain.
The motion carded 5-0.
Councilmember Potyondy moved,seconded by Councilmember Gutowsky,to adopt
Ordinance No.175,2025,Amending Article 5,Section 10 of the Land Use Code of the City
of Fort Collins Amending Tree Planting Spacing Requirements and Tree Maintenance,on
Second Reading.
The motion carried 5-0.
18.First Reading of Ordinance No.186,2025,Being the Annual Appropriations Ordinance
Relating to the Annual Appropriations,and Amending the Budget,for the Fiscal Year
Beginning January 1,2026,and Ending December 31,2026;and Fixing the Mill Levy for
Property Taxes Payable in 2026.
The purpose of this item is to amend the adopted 2026 Budget.This Ordinance sets the amount
of $843,306,077 to be appropriated for fiscal year 2026.This appropriated amount does not
include what is also being separately appropriated pursuant to Council/Board of Director actions
to adopt the 2026 budgets for the General Improvement District (GID)No.I of $381,296,the 2026
budget for GID No.15 (Skyview)of $1,000,the Urban RenewalAuthority(URA)2026 budget of
$7,166,316 and the Downtown Development Authority 2026 budget of $38,261,137.The sum of
all of these Ordinances results in City-related total appropriations of $889,115,826 for 2026.This
Ordinance also sets the property tax year 2025 City mill levy,to be collected in 2026,at 9.797
mills;this mill levy rate has not changed since 1991.
Chief Financial Officer Caleb Weitz stated the 2026 budget revisions were originally discussed
with the Council Finance Committee in early September,then at two full Council work sessions.
He stated this item would adopt the 2026 Appropriations Ordinance which combines the already
planned second year of the 2025-2026 two-year budget with adjustments needed to balance the
budget for this year Weitz noted that between increased expenditure pressures and forecasted
revenue decreases,there was an approximate $15.4 million deficit to address in the General
Fund.Weitz outlined the revisions that were needed to address the deficit,including a reduction
in the merit increases for staff from 3%to 2%,using a number of mechanisms to be able to gain
some savings out of some strong performance in the benefits fund,and creating some additional
one-time savings through a temporary hiring freeze.Weitz also outlined service area reductions
and noted no involuntary layoffs or reductions in force of classified staff are planned,though a
number of vacant positions are being eliminated in the budget.Additionally,Weitz noted the
digital equity reserve is being used in lieu of any impacts to the eviction and immigration legal
defense funds,per Council direction.
Weitz stated there are a few small enhancements to the 2026 budget,including the addition of a
new sales tax auditor that will generate more revenue than the direct cost of the position,the cost
pressures being seen in the grocery tax rebate program are being addressed,significant
operational expenditures for Transfort are addressed,and there are two significant enhancements
to the Enterprise Funds:the Halligan Project mitigation credits and funds for operating the legacy
Utilities Customer Information System through May of 2026.
PUBLIC PARTICIPATION
Rich Stave noted the Halligan Reservoir project was mentioned and stated it only serves certain
water district customers.He noted hard decisions will need to be made about trimming the
budget.
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November 3,2025
COUNCIL QUESTIONS/COMMENTS
Councilmember Ohlson referenced an October 30th memo related to the Environmental Services
budget.He asked about the impacts of the reassignment of a lead specialist and reduction of
one FTE.Josh Birks,Social Sustainability Deputy Director,replied there was a position in
Environmental Services that was originally funded with General Fund dollars,and the individual
within that position was reassigned to take on the work of the anticipated position that is now
funded by the 2050 tax,and it will be scoped to comply with the focus of the new tax and new
work.As a result,the positions that were funded through General Fund and available for things
not complying with the 2050 tax will be reduced.
Councilmember Ohlson asked if there was another reduction of one FTE resulting in a 25%
reduction in project management capabilities.Birks replied there are several moving bodies that
result in the elimination of a lead specialist position funded by General Fund which does project
management for things that are General Fund focused.
Councilmember Ohlson stated he would like the next Council to address inflation factors to ensure
the base does not get whiffled away.Weitz replied staff is committed to ensuring the inflationary
factor information is transparent and available in future budget processes.
Councilmember Ohlson noted Council unanimously agreed on the intent and asked if the original
ordinances are being followed to ensure budgets are whole.City Manager DiMartino provided
assurance that Council’s intent and the ordinance language is being followed.
Councilmember Ohlson stated he was not going to support this item,but will now given that
assurance.
Mayor Pro Tem Francis thanked staff for the thoughtful work.
Councilmember Potyondy moved,seconded by Councilmember Canonico,to adopt
Ordianance No.186,2025,Being the Annual Appropriations Ordinance Relating to the
Annual Appropriations,and Amending the Budget,for the Fiscal Year Beginning January
1,2026,and Ending December 31,2026;and Fixing the Mill Levy for Property Taxes
Payable in 2026,on First Reading.
The motion carried 5-0.
Clerk’s Note:Mayor Pro Tem Francis called for a break at 7:40 p.m.,noting the meeting
would resume at 7:50 p.m.Councilmember Canonico left during break.
19.Public Hearing and Resolution 2025-100 Approving a First Amendment to the Consolidated
Service Plan for Montava Metropolitan District Nos.I through 7.
The purpose of this item is to consider approval of an amendment to the existing Consolidated
Service Plan for the Montava Metropolitan District Nos.I through 7,requested by the board of
the Montava Metropolitan District after conducting a hearing on the application,pursuant to City
policy (explained in the Background/Discussion section below).The amendment alters the
maximum debt authorization and authorizes the District to create Special Improvement Districts
to facilitate equitable and efficient financing flexibility Neither proposed change impacts the
underlying Public Benefits of the proposed project
Mayor Pro Tem Francis outlined the public hearing process.
Zachary White introduced himself as General Counsel to the Montava Metro Districts Nos.1-7
and stated Max Moss,Montava developer,will also be speaking.
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November 3,2025
STAFF PRESENTATION
Josh Birks,Sustainability Services Deputy Director,stated this item relates to the first amendment
to the Montava Metro District Consolidated Service Plan,which would increase the maximum
debt authorization and authorize creation of special improvement districts.He stated staff is
recommending adoption of the resolution as it is consistent with City policy and State Statutes.
Additionally,it enhances financing flexibility and maintains the consistent public improvements to
be financed.
Birks stated Montava is a planned development in the northeast corner of the community with
approximately 2,000 single-family and 2,400 multi-family residential units and just under 500,000
square feet of office space and some retail space.He noted 15%of the residential units are
planned to be affordable up to 120%of AMI.Birks stated the Consolidated Service Plan was
originally adopted in 2018 and noted the Public Benefits Agreement stipulates how the 15%of
affordable housing is to be allocated:half between 30%and 80%AMI and half for up to 120%
AMI.
Birks stated this amendment would increase the maximum debt authorization from $163 million
to $297 million,primarily to offset increases in construction costs since 2018 when the Service
Plan was originally adopted.The amendment would also grant the authority to create special
improvement districts.He noted the proposed amendment does not impact the underlying public
benefits.Birks further detailed the special improvement district (SID)component noting an SID
is a legal subarea where property owners can be assessed for specific public improvements from
which they benefit.The SIDs must be limited to a strict benefit nexus and either 100%of property
owners or the majority of the eligible electors must consent.Birks noted this amendment fi.irther
limits how SIDs can be used and clearly states that any assessment done through an SID must
be satisfied and cleared prior to the issuance of a certificate of occupancy.
Mayor Pro Tem Francis noted Councilmember Canonico left the meeting during the previous
break.
APPLICANT PRESENTATION
Zachary White,General Counsel to the Montava Metro Districts Nos.1-7,stated this amendment
will help the Metro Districts work with the development team to schedule the delivery of public
improvements in the most efficient and effective way possible.
PUBLIC PARTICIPATION
Rich Stave asked if there was another amendment in the past and stated it seems tens of
thousands of dollars per unit are being added.He stated he thought the mill levy was passed to
help developers provide infrastructure and those costs would be passed on to homeowners.He
also stated special improvement districts create extra work for City staff.
APPLICANT REBUTTAL
Max Moss,Montava developer,stated the increase in the debt cap is intended to keep up with
rising costs eight years after the original Consolidated Service Plan was adopted.He stated the
SI Ds are pre-homeowner financing tools which allow the developer to have some flexibility to use
the Metro District as a financing mechanism as opposed to a bank,which is less expensive and
therefore lowers the costs for homeowners.He noted the liens must be eliminated prior to the
homes being purchased.
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November 3,2025
COUNCIL QUESTIONS/COMMENTS
Councilmember Potyondy requested assurance the SIDs will not pass on additional costs or
encumbrances to homeowners.Birks replied that is correct and noted any lien will need to be
cleared before a certificate of occupancy is issued.He stated the cost of constructing a home,
which will include whatever is financed with an SID,could be passed on in the cost of the house,
but it will not be an additional burden or assessment for the homeowners.
Councilmember Potyondy asked if homeowners will be aware of how much they will be paying
with the mill levy and any other funding mechanisms.Birks replied the model service plan requires
that there be notice and disclosure of the fact that the property is within a Metro District,as well
as an estimate of what the potential property tax liability could be.He noted the actual property
tax amount is ultimately based on the home’s assessed value as determined by the County
Assessor.
Councilmember Gutowsky requested additional clarification regarding the additional debt
encumbered by the special improvement district and how this would be paid off.Max Moss replied
the debt will be necessary for development and reiterated the use of the SID will lower the cost of
financing as compared to using a bank.He stated the debt gets relieved by what builders pay for
lots and ensured that the debt would be paid prior to a homeowner purchasing the property.
Councilmember Ohlson stated this amendment makes sense.
Mayor Pro Tem Francis stated her questions were answered at Council Finance Committee.
Coundilmember Potyondy moved,seconded by Councilm ember Gutowsky,to approve
Resolution 2025-1 00 Approving a First Amendment to the Consolidated Service Plan for
Mon tava Metropolitan District Nos.I through 7.
The motion carried 4-0.
20.Resolution 2025-101,Directing Staff to Take Such Efforts and Actions which may be
Required for the Funding,Financing,and Construction of the Southeast Community
Center.
The purpose of this item is direct City staff to move forward with the work necessary to prepare
and ultimately present to Council for approval the actions needed to fund,finance,and construct
the Southeast Community Center (SECC)based on the project scope,estimated project cost,
and the proposed sources of funding of Option IA.in the Funding Options.
City Manager DiMartino noted the Staff Presentation will cover both Item Nos.20 and 21.
Dean Klingner,Community Services Director,noted this project is a partnership between Poudre
School District,Poudre Libraries,and the City of Fort Collins.He noted the Resolution being
considered defines the scope of the project and the budget and the Ordinance makes one of a
series of related appropriations.
LeAnn Williams,Community Services Deputy Director,noted the proposed Southeast Community
Center (SECC)project includes an outdoor leisure pool,ten indoor lap lanes,a gymnasium with
two middle-school sized courts,an indoor elevated track,two levels of weights and fitness
equipment,drop-in child watch,staff offices,locker rooms,innovation and community rooms,and
a full-service library.She noted the project will be LEED Gold certified and will help to advance
15-Minute City goals.
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November 3,2025
Klingner stated the 2050 funding for this project is being separated into two categories:bonding
against the tax and cash on hand that has already been collected.He noted the Community
Capital Improvement Program (CCIP)already has $18 million appropriated in the current budget
and tonight’s action would involve an appropriation of $9.5 additional revenue in the CCIP.
Additionally,a State grant is part of the funding.Klingner clarified $5 million of additional revenue
from the CCIP is available to be appropriated for another purpose.He stated the total budget for
the project is $76.5 million.
PUBLIC PARTICIPATION
Rich Stave stated there has been a large community push for this project,but questioned what
Poudre School District is paying for the project and stated Fort Collins taxpayers will be paying
for the facility twice.He also stated there are no facilities such as this on the southwest side of
town.
Councilmember Ohlson asked about the proposed running track size and number of lanes.
Klingner replied the original design showed a three-lane track around two larger gyms;however,
it has been reduced to a two-lane track around two smaller gyms.He noted the ADA standards
are still being met.
Councilmember Ohlson asked how many innovation and community rooms remain in the plan.
Klingner replied the number was reduced from six to four,and those four can all be combined.
Councilmember Ohison noted Poudre School District has not built any of its own pools;therefore,
had eight swim lanes been necessary,the City would not be the bad player.He stated he would
support the proposal for ten lanes.He asked if the interest on the bonding comes from the 20%
of the 80/20 split.Klingner replied in the affirmative.
Mayor Pro Tem Francis asked how the remaining CCIP funds will be earmarked for affordable
housing.City Manager DiMartino replied no formal action has been taken as the funds will only
be available once this project is complete;however,Council’s intent has been very clear,and
formal action will be taken to appropriate the funds as they are available.
City Attomey Daggett noted the CCIP ballot language allows for two different ways to address
excess funding,one is to spend more on the projects listed in the measure and the other is to use
the excess for projects that are not on the list once the ones on the list are funded.
Councilmember Ohlson suggested this Council may like some type of resolution,despite it not
being binding for a future Council,that the intent is for that additional $5 million to go to affordable
housing.
Mayor Pro Tem Francis concurred she would feel more comfortable with a formal action in that
regard and asked if it could come as part of the Second Reading.City Manager DiMartino replied
staff will bring a resolution forward as part of Second Reading.
Mayor Pro Tem Francis stated she would support the items,but expressed concern with inequities
between this facility and the other City facilities.
Councilmember Potyondy moved,seconded by Councilmember Gutowsky,to adopt
Resolution 2025-10 1,Directing Staff to Take Such Efforts and Actions which may be
Required for the Funding,Financing,and Cons truction of the Southeast Community
Center.
The motion carried 5-0.
City of Fort Collins City Council Proceedings Page 414
November 3,2025
21.First Reading of Ordinance No.187,2025,Making a Supplemental Appropriation and
Appropriating Prior Year Reserves for the Construction of the Southeast Community
Center and Related Art in Public Places.
The purpose of this item is to appropriate $9.5M from the Community Capital Improvement Project
(CCIP)Fund to the Capital Project Fund for the Southeast Community Center (SECC)Project
and for the Art in Public Places (APP)Program.This appropriation provides funding to the
Recreation Department for the design and construction of a LEED Gold Community Recreation
Center in southeast Fort Collins.
Councilm ember Potyondy moved,seconded by Councilm ember Gutowsky,to adopt
Ordinance No.187,2025,Making a Supplemental Appropriation and Appropriating Prior
Year Reserves for the Construction of the Southeast Community Center and Related Art in
Public Places,on First Reading.
The motion carded 4-0.
P)RESUMED PUBLIC COMMENT
Q)OTHER BUSINESS
OB 1.Possible consideration of the initiation of new ordinances andlor resolutions by
Councilmembers.
(Three or more individual Councilmembers may dfrect the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council’s Policy Agenda or initiated by staff)
R)ADJOURNMENT
There being no further business before the Council,the meeting was adjourned at 8:30 p.m.
Clerk’s Note:The GID #1 Meeting immediately followed the adjournment of the regular meeting.
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Mayor Pro Tem
ATTEST:
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City of Fort Collins City Council Proceedings Page 415