HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 11/23/2021 - WORK SESSION
City of Fort Collins Page 1
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
Remote Meeting
City Hall West
300 LaPorte Avenue
Fort Collins, Colorado
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Tammi Pusheck
City Attorney Interim City Manager Interim City Clerk
Upon request, the City of Fort Collins will provide language access services for individuals who have limited English
proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and
activities. Contact 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance
notice when possible.
A petición, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el
idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los
servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221-6515 (V/TDD: Marque 711 para Relay
Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible.
City Council Work Session
November 23, 2021
6:00 PM
A) CALL TO ORDER.
1. Exploring a Local Graywater Ordinance. (staff: Leisel Hans; 15 minute presentation; 30 minute
discussion
The purpose of this item is to provide an overview of graywater systems and consider the option for
the City to adopt a local ordinance, which is necessary to enable installation of graywater systems.
2. Hughes Stadium Land Update. (staff: Carrie Dagget, Tyler Marr; 10 minute presentation; 30
minute discussion)
The purpose of this item is to affirm Council direction regarding the acquisition, financing and
outreach process regarding the future use(s) of the Hughes Stadium land.
The City and Colorado State University recently agreed to accelerate the purchase of the Hughes
Stadium property, consistent with the cit izen-initiated ordinance passed in April of 2021. Council
Finance Committee met and agreed with the staff-recommended approach to pursue a hybrid-
financing option, with a partial up-front cash payment with the outstanding amount coming from a
financing through certificates of participation. The exact split o f funding sources (primarily presumed
to be General Fund and/or Natural Areas Fund) for the $12.5 million purchase is recommended to be
City of Fort Collins Page 2
determined after the land use of the property is known. It is antic ipated the transaction can be
completed in the first half of 2022.
There are several interests in and potential uses for the site, consistent with the ballot language, that
include Natural Areas, recreation, and Indigenous uses, among others. Staff propo ses a robust and
externally led engagement process to discern community expectations and desires around the site.
This process will likely take all of 2022 to complete, with determined land uses not being available for
public use until 2023 at the earliest.
B) ANNOUNCEMENTS.
C) ADJOURNMENT.
DATE:
STAFF:
November 23, 2021
Liesel Hans, Interim Deputy Utilities Director
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Exploring a Local Graywater Ordinance.
EXECUTIVE SUMMARY
The purpose of this item is to provide an overview of graywater systems and consider the option for the City to
adopt a local ordinance, which is necessary to enable installation of graywater systems.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What general questions or feedback does Council have on the proposed direction?
2. Does Council have specific feedback on the proposed:
a. Graywater application
b. Legal Boundary
c. Timeline
BACKGROUND / DISCUSSION
What is graywater?
In Colorado:
• Graywater is a portion of the water used in a residential, commercial, or industrial building that is collected
after the first use and put to a second beneficial use.
• Graywater can only be collected from bathroom and laundry room sinks, bathtubs, showers, and laundry
machines.
• Wastewater from toilets, urinals, kitchen sinks, dishwashers, and non-laundry utility sinks is not graywater and
cannot be used for a second beneficial use; this flow cannot be captured and must continue to the wastewater
collection system.
• Graywater is allowed (instead of or in addition to, potable water) in use cases of toilet and urinal flushing and
subsurface irrigation of non-agricultural plants. Subsurface irrigation is different from most common irrigation
systems which instead dispense water above ground.
• Here is a short video illustrating graywater: <https://www.youtube.com/watch?v=y8kipgTJDUw>
Why allow the use of graywater?
The Colorado Water Plan (2015) sets a goal to achieve 400,000 acre-feet of conservation in the municipal and
industrial sectors by 2050. Further, the Fort Collins Utilities Water Efficiency Plan (2015) sets a goal to reduce
average water use to 130 gallons per capita per day by 2030. This requires an additional 8% reduction from the
current 5-year average over the next eight years. Both plans suggest exploring graywater as a potential strategy
to reduce water use. Also, City Plan (2019) points to encouraging greater efficiency in new and redevelopment.
Fort Collins is expected to grow significantly, with a potential for 30,000 new dwelling units in the Growth
Management Area (GMA) with about 30 percent expected to be single -family dwelling units and about 80 percent
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of all additional dwelling units expected to be outside of the Fort Collins Utilities water service area. An estimate
from Denver Water when they adopted their ordinance in 2016 suggests that for every 1,000 graywater systems
installed in new single-family homes, enough water could be saved to serve about 125 household per year. More
empirical research and data based on real world behavior is needed to understand if this estimate is realistic and
can be relied on for water resource planning.
Graywater also relates to the larger context of exploring tactics to use water more sustainably. While much of the
water used by the Fort Collins’ residents is treated to drinking water standards, not all of it needs to be. For
instance, the City uses of raw water for irrigation of most parks, recent legislation allows the limited use of rain
barrels, and some of the City’s wastewater effluent (what is treated and then discharged back to the environment)
is reused by the City and Platte River Power Authority (PRPA). Graywater is potentially another area where water
treated to drinking water standards is not required.
Why consider graywater now?
Here is the timeline of graywater in Colorado to illustrate why Fort Collins is considering graywater now:
• 2013: Colorado Legislature enacted HB13-144 into law, creating a voluntary, opt-in system which gives each
municipality and county local control and choice to authorize graywater use in their jurisdiction. This bill also
directed the Colorado Department of Public Health and Environment (CDPHE) to create the specific
requirements and the Colorado Plumbing Board to incorporate graywater into the Colorado Plumbing Code.
• 2015: The CDPHE Colorado Water Quality Control Commission adopts Regulation (Reg) 86. The purpose of
Reg 86 is to create the actual rules, requirements, and standards for a graywater control program. Their main
goal is to ensure graywater systems are set up and managed in a way that protects and minimizes risks to
public health and safety.
• 2016: The Colorado Plumbing Board incorporates graywater into the Colorado Plumbing Code.
• 2020: Northern Water operates the Colorado Big Thompson (CBT) project which is about half of Fort Collins
Utilities’ water use and is part of Fort Collins’ water every day. CBT water is not reusable, but the Northern
Water Board passes a resolution allowing use of CBT for only non-consumptive graywater uses, which is
defined in the resolution as only toilet and urinal flushing.
• 2021: Fort Collins Council adopts their Council priorities, identifying exploration of graywater as a priority.
A graywater ordinance would enable those who voluntarily want to utilize graywater in all or portions of the City of
Fort Collins. Although this technology is still largely in a “demonstrati on phase”, an ordinance would allow the
option, which currently is not allowed today.
Local note of interest: Colorado State University has been a big player in the research on graywater systems and
installed a graywater for toilet-flushing system in a dormitory (Aspen Hall) as a research and educational
laboratory. The legislation in 2013 impacted their ability to run this system, but House Bill 17 -1008 created a
research exemption. They currently are permitted to run their system but have not pursued funding to reactivate
operation.
Water rights and water district considerations
A graywater ordinance ultimately must conform with the water rights of the given community. Each community
has different water providers with a different water rights por tfolio which dictates the ability and extent to which
they can authorize the use of graywater.
Based on the Northern Water resolution and the significance of CBT water to Fort Collins Utilities’ and the
districts’ water rights portfolios, staff is only considering adoption of an ordinance that enables toilet and/or urinal
flushing graywater systems.
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Fort Collins has several water providers, each with its own, unique water rights portfolio and considerations. The
largest water providers are Fort Collins Utilities, the East Larimer County Water District, and the Fort Collins -
Loveland Water District. The considerations that apply to Fort Collins Utilities’ water rights portfolio may not apply
to the districts and their unique portfolios.
For example, most of Fort Collins Utilities’ water supplies are not allowed to be reused, and most of Fort Collins
Utilities’ reusable water is already dedicated to existing plans. Fort Collins Utilities also relies significantly on CBT
water. This puts Fort Collins Utilities at a disadvantage with graywater compared to other communities who have
significant sources of reusable water supplies, such as Denver Water.
Staff is approaching the potential use of graywater in the water districts’ boundaries from a collab orative
perspective and intends to continue consulting with them.
At this point, discussions with the water districts regarding graywater have not progressed to a sufficient level
such that we can assure Council that the water districts are comfortable that graywater use would conform with
their water rights portfolio. However, to keep this project moving, staff is proposing to move forward with
considering graywater use in Fort Collins Utilities’ water service area, leaving open the option for the distr icts to
join in the future as we continue to collaborate on this topic.
WHAT WOULD IT TAKE?
Below are a few of the key aspects of what is required for a local graywater ordinance and graywater systems.
This list is not comprehensive.
In order to enable installation of toilet/urinal flushing graywater systems, the City would need to:
• Adopt CO Plumbing code (Done! Already in current City Plumbing Codes and planned for incorporation in the
upcoming updates in early 2022)
• Consult with local health agencies and water and wastewater districts
o Ensure conformance with water rights
• Create a local ordinance or resolution
o Define legal boundary (ex: GMA vs. Fort Collins Utilities water/wastewater service area)
o Consult with local health agencies and water and wastewater districts
o Must meet minimum standards
of Reg 86
• Determine staffing resources, roles, and responsibilities
• Develop and implement program administration:
o Design criteria document
o Review and inspection system
o Permit and tracking system
o Operator compliance system
The physical graywater system for toilet flushing would need to include, among other things:
• National Sanitation Foundation/American National Standards Institute (NSF/ANSI) 350 standard certified
treatment system with a disinfection system
• Potable back-up system
• Dual plumbing system (potable and graywater)
• Min. 50-gallon storage tank (~4 square feet of space required)
• Backflow prevention system, cross-connection control to protect public health
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A property owner would need to:
• Conduct regular maintenance
• Keep maintenance manual
• Minimize exposure to humans and pets
• Hire a certified operator for any non-single-family systems (Reg 86 Category D: multi-family and commercial
systems)
POTENTIAL IMPACT AND STRATEGY COMPARISONS
How much water could a graywater program save?
As noted, graywater, especially for toilet and urinal flushing is still largely a “demonstration” technology and there
are limited manufacturers and limited information or studies on the actual upfront costs, maintenance costs and
water savings. Table 1: Estimated costs and benefits across selected water conservation measures below
includes information on a few selected existing water conservation measures and graywater for both a single-
family and multi-family property.
While the table below illustrates examples from the residential sector, the non -single-family categories of
Regulation 86 do allow graywater systems in commercial settings. A few commerc ial examples that lend
themselves well to consideration of graywater are recreation centers, gyms, and hotels. Commercial examples
were not included in this table because there are fewer real -world examples, more variables that affect cost and
impact, and less known about graywater systems in commercial settings.
Table 1: Estimated costs and benefits across selected water conservation measures
Estimated Costs Estimated Benefits
Measure Averag
e
upfront
cost to
custom
er or
develop
er
Average
annual
maintenan
ce costs
Average
annual water
savings
Average
annual
utility bill
savings
Return
on
Investm
ent for
Custom
er
Single-
family
homes (4
residents)
High-efficiency toilet
retrofit
$175 $4 Up to 20,000
gallons
$130 Instant
Irrigation
management
$0 $0 11,000 gallons $40 Instant
Xeriscape retrofit $3,800 NA 17,000 gallons $60 52 years
Graywater (toilet
flushing only)
$4,500 $36 10,000-20,000
gallons
$66-$132 46-150
years
Multi-family
(100
residents)
Graywater (toilet
flushing only)
$90,000 $500 230,000-
500,000
gallons
$1,500-
$3,000
32-90
years
Assumptions in this table: • The ROI for toilets assumes a $50 rebate to the homeowner. Without
this rebate the ROI is less than 1 year. “Up to” for toilets refers to the fact that the gallon s used per flush
for the original and the new toilet can vary. 20,000 gallons is based on an old 3.5 gallon per flush (gpf)
toilet to a 0.8 gpf toilet. • Irrigation management encompasses the tactics employed in the Fort Collins
Utilities Sprinkler Check-up Program, which includes adjusting the number of watering days and amount
of water applied to better match the needs of the landscape. The ROI for irrigation management
assumes the service is provided free to the resident. Without this, the ROI would likely be 1-2 years.
• The ROI for the xeriscape landscape retrofit includes a $700 rebate, which is the average rebate
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amount awarded through the Fort Collins Utilities Xeriscape Incentive Program. Without this rebate the
ROI becomes 63 years. • An estimate for maintenance costs for xeriscape are not available but are
likely not zero. It is difficult to tease out increased maintenance costs, if any, compared to previous
landscaping maintenance costs. • The maintenance costs for the graywater measures are very rough
estimates and may likely be too low. All utility bill savings and ROI are based on the 2021 Fort Collins
Utilities water and wastewater rates. For reference, a single-family home in the Fort Collins Utilities
service area with 4 residents is estimated to use around 130,000 gallons per year on average.
Key observations from Table 1:
• Range in Savings: The graywater strategies are presented with a large range of savings. This is because
there are not very many studies to demonstrate actual water use patterns. The other measures provided for
comparison are widely adopted strategies that are informed by real-world research from other communities
and our own programs and data.
• Scale and Application: There is a benefit from scaling up graywater systems. Single-family homes have a
limited amount of graywater whereas large facilities that have high uses of water from showers and laundry
and a higher demand for toilet flushing such as hotels, recreation centers, gyms, multi -family residential, and
dormitories, could realize more significant cost and water savings from graywater.
• Retrofit vs. New Construction: The graywater values above assume the system is in a new construction
setting. It is far more costly to retrofit existing structures than to incorporate a system into new construction.
The existing limited data suggest more interest will take place in new development.
• Reliability and Certainty of Savings: Not all measures are created equal; some provide more reliable and
consistent water savings. There is the potential for graywater to be turned off within a home if the user
bypasses treatment and continues to use potable water for toilet flushing, for example (providing a potable
water system is required by Regulation 86, making it relatively easy to bypass the system). From the existing
studies it is unclear how often this happens.
• Multiple Benefits: Each measure can offer multiple benefits to a resident and/or property owner, not just
water use reductions and therefore the ROI to the end user isn’t the only measure of importance. For
example, replacing a toilet might be part of a larger bathroom remodel that improves the overall value of the
home. A landscape transformation project might include a patio to allow additional usability like outdoor dining
and entertaining and may include plants that attract and support pollinators and support City’s biodiversity
goals. A graywater system, like the other measures, can represent a commitment to a conservation and
sustainable water use ethic.
• Other Graywater Applications: This table only presents information about toilet/urinal flushing graywater
systems. The other option allowed by Regulation 86 is graywater for subsurface irrigation. These are
commonly referred to as “Laundry to Landscape” programs. For other communities whose water rights
portfolio are amenable for these systems, there is the benefit that these systems are cheaper and easier to
manage, especially in the single-family context.
PROGRESS TO DATE ACROSS THE STATE
A local municipality or county is the authority that must adopt a local ordinance to enable a local graywater
program. Within Colorado there are 64 counties and 271 incorporated municipalities. Each of these entities have
one or more water providers, unique water rights and portfolios, one or more wastewater providers, different local
environment and public health entities, and development patterns that influence adoption of a graywater
ordinance.
One combined City/County, one County, and two Municipalities have adopted graywater regulations. Two others
are actively exploring the adoption of a graywater ordinance.
Table 2: Colorado Graywater Comparisons summarizes information on the agencies that have adopted
graywater regulations in Colorado based on publicly available information and interviews with staff from each
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entity. Of the five entities who have adopted regulations, two have seen some uptake (Denver and Castle Rock).
These projects have exclusively been in new developments, and all w ere incentivized by the local agency. The
early adopters are communities with a significant portion of reusable water supplies in their portfolios.
Table 2: Colorado Graywater Comparisons
Entity Year Systems
Permitted
Driver Uptake Incentive
Denver City &
County
2016 All Sustainability Goals 3 homes Denver Water
paid for
installation
Town Castle Rock 2018 All Development
community
29
homes
Reduced Water
Impact Fees
Pitkin County 2018 All Sustainability goals 0 No
City of Golden 2020 Subsurface
Irrigation
Sustainability goals 0 Plans for direct
install pilot
Broomfield 2021 All Community interest 0 No
Thornton Under development.
Larimer County Planned for 2022.
STRATEGIC ALIGNMENT
Graywater is aligned to a variety of plans and strategic objectives that touch many areas across the organization,
community, and state. This AIS has touched on a few already, but below are more about each. These include, but
are not limited to:
• City Strategic Plan (2020): The City Strategic Plan provides a vision and framework for the City. It outlines a
variety of goals including: to provide a high-quality water supply, intensify efforts to improve resilience, and
provide world-class municipal services through operational excellence and a culture of innova tion. Graywater
can align to these objectives, and others, by creating an innovative tool for water planning that has the
potential to reduce water use in new developments.
• Utilities Strategic Plan (2021): This Plan bridges the larger City Strategic Plan and the work across all of
Utilities. Graywater can support this Plan by supporting goals to ensure sustainable service delivery, leverage
new and innovative technology, and meet customer needs, among others.
• City Plan (2019): The City Plan provides a coordinated and cohesive set of policies to support ongoing
climate adaptation and resilience planning throughout the community. Graywater can support these goals by
responsibly managing water resources with the potential to reduce water use in new developments.
• Municipal Sustainability and Adaptation Plan (2019): This Plan is the employee roadmap for operating
and building a healthy and sustainable organization by 2050. This Plan formally addressed climate adaptation
and resilience. Graywater supports this mission by enabling a new strategy to sustainably manage water
resources.
• Our Climate Future (2021): Our Climate Future outlines a roadmap to address climate, energy, and waste
goals while improving our community’s equity and resilience. Graywater can support this mission by
establishing new strategies to reduce water use in new developments and increasing our community’s
resiliency.
• Water Efficiency Plan (2015): The State- and Council-approved Water Efficiency Plan outlines a goal to
reach 130 gallons per capita per day (gpcd) by 2030. The plan also outlines various levels of opportunity
including greater integration of water efficiency into land use planning and building. Graywater falls into this
category as a tactic to explore but historically has not been prioritized due to other cost -effective projects with
reliable savings (e.g., fixture efficiency standards in building codes).
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• Water Supply and Demand Management Plan (2012): The Water Supply and Demand Management plan
aligns to the Water Efficiency Plan and aims to ensure a reliable, safe, water supply for our Utility. Graywater
can align with these goals by acting as a demand management strategy. The Water Efficiency Plan and this
plan are scheduled to be updated soon. The effort will provide a comprehensive look at our water resources,
supplies, demands, and potential scenarios to ensure a reliable water supply into the future, including further
exploration of graywater and other uses of non-potable water supplies.
• Housing Strategic Plan (2021): The Housing Strategic Plan is a strategy for “everyone in Fort Collins to
have healthy, stable housing, they can afford.” The plan describes goals to achieve this vision, including
addressing opportunities with water costs and housing. Graywater has the potential to reduce water costs for
end users.
• Colorado Water Plan (2015): The Colorado Water Plan is the State’s roadmap to sustainable water
management. The plan outlines various objectives to meet future demand including sp ecific goals connected
to adoption of graywater regulations across the state. Graywater aligns with these goals and others by
encouraging municipal conservation, efficiency planning and land use water planning, and the idea of “right
water for the right use.”
ADDITIONAL CONSIDERATIONS
Upcoming Regulation 86 Update: CDPHE shared that they expect to update Regulation 86 soon (estimated
2022-2024) after the NSF/ANSI 350 standard will be updated (expected 2021 -2022). Staff anticipates that a local
graywater ordinance may need to be reviewed and potentially revised following an update to the regulation and
may pose risks to any systems that are installed prior to the update of the regulation, if older systems don’t
conform with any critical Regulation 86 updates that may be made to protect public health.
Wastewater Impacts: Reducing indoor water use at a large scale can have significant impacts to wastewater
utilities. Reducing flows can cause stoppages in the collection system which may require more frequ ent flushing
or trouble-shooting. Further, at a large scale this could contribute to more concentrated flows at the reclamation
facilities, which may require changes to the treatment process. These potential impacts can be greatly mitigated
by improving awareness and minimizing behaviors such as flushing or disposing of materials and objects that do
not belong in the wastewater system. This includes flushable wipes, feminine hygiene products, fats, oils, and
greases (FOG), etc. Staff are in the process of expanding existing public outreach campaigns, such as “What not
to flush” and FOG, by tying the messaging to water efficiency efforts to highlight the importance of eliminating
certain items from wastewater stream to keep things flowing. This enhanced effo rt is likely to begin in early 2022.
In the meantime, the current campaigns can be found here:
• <https://www.fcgov.com/utilities/what-not-to-flush>
• <https://www.fcgov.com/fog>
Fort Collins has several wastewater providers. The largest water providers are: Fort Collins Utilities, the Boxelder
Sanitation District, and the South Fort Collins Sanitation District. The above considerations may apply to these
districts to some degree. As with the water providers, staff is approaching the potential use of graywater in the
wastewater districts’ boundaries from a collaborative perspective and intends to consult with them. At this point,
discussions with the other wastewater districts regarding graywater have not progressed to a sufficient level such
that we can assure Council that they are comfortable with graywater. However, to keep this project moving, staff
is proposing to move forward with considering graywater use in Fort Collins Utilities’ wastewater service area,
leaving open the option for the districts to join in the future as we continue to collaborate on this topic.
Upcoming Utilities Policy Updates: It is in the Utilities workplan to update both the Water Efficiency Plan and
the Water Supply and Demand Management Policy, which together guide the decisions about water resources for
Fort Collins Utilities. This process will evaluate planning scenarios and various strategies to ensure reliable water
for our community. Widespread installation of graywater systems will be considered in that planning proc ess.
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NEXT STEPS
Based on research and interviews, staff recommends adopting an enabling ordinance for a toilet/urinal flushing
graywater system within the geographic area that is with both the Fort Collins Utilities water and wastewater
service areas.
Estimated timeline:
• Q4 2021 - Q1 2022: Draft ordinance and other related documents
• Q2 2022: Internal and external stakeholder engagement, including Boards and Commissions
• Q3 2022: Bring ordinance to Council for consideration
• Q4 2022: Update website and create informational/education materials as needed
ATTACHMENTS
1. Information Sheet (PDF)
2. Powerpoint Presentation (PDF)
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Graywater Information Sheet
January 2016
Background
As a result of 2013 legislation, the Colorado Department of Public Health and Environment – Water Quality Control
Division developed Regulation 86: Graywater Control Regulation (Regulation 86). In 2015, the regulation was adopted
by the Water Quality Control Commission.
Regulation 86 is only one component of a larger legal framework which must be in place for graywater to be used
legally in the state. In addition to Regulation 86, the Co lorado Plumbing Board has a requirement for graywater piping
within structures. Any graywater use will also need to comply with Colorado water rights, which is regulated by the
Department of Natural Resources, Division of Water Resources.
The 2013 legislation made graywater an opt-in program for local jurisdictions not a statewide program. To allow
graywater use, local jurisdictions include a city, city and county, or county will have to adopt an ordinance or
resolution to allow graywater use within their jurisdiction by developing a graywater control program that meets the
requirements of Regulation 86. Please contact your local city or county to see if a local graywater program is in place.
What is graywater?
Graywater is a portion of water used in a residential, commercial or industrial building that may be collected after the
first use and put to a second beneficial use.
Graywater sources may include water discharged from:
Bathroom and laundry-room sinks.
Bathtubs.
Showers.
Laundry machines.
Graywater does not include water discharged from:
Toilets.
Urinals.
Kitchen sinks.
Dishwashers.
Non-laundry utility sinks.
Graywater uses and treatment requirements
Regulation 86 outlines requirements, prohibitions and standards for graywater use for non-drinking purposes. Allowable
graywater use categories are summarized below. Please see Regulation 86 for more detailed information. Note that
local requirements may be more stringent than Regulation 86 requirements and may not allow all use categories.
Category A:
Single family,
subsurface irrigation
Category B:
Non-single family,
subsurface irrigation
Category C:
Single family, indoor
toilet and urinal
flushing, subsurface
irrigation
Category D:
Non-single family,
indoor toilet and urinal
flushing, subsurface
irrigation
Single family users.
Design flow of 400
gallons per day (gpd) or
less.
For outdoor, subsurface
irrigation within the
confines of the legal
property boundary.
Non-single family
users.
Design flow of 2,000
gpd or less.
For outdoor,
subsurface irrigation
within the confines of
the legal property
boundary.
Single family users.
Design flow of 400 gpd
or less.
For indoor toilet and
urinal flushing and
outdoor, subsurface
irrigation within the
confines of the legal
property boundary.
Non-single family users.
No maximum flow for
indoor use, design flow of
2,000 gpd or less for
outdoor irrigation.
For indoor toilet and urinal
flushing and outdoor,
subsurface irrigation within
the confines of the legal
property boundary.
Regulation 86 outlines design criteria and control measures (aka best management practices) for each category. Please
contact your local city or county to discuss local graywater control program requirements.
ATTACHMENT 1 1.1
Packet Pg. 11 Attachment: Information Sheet (10922 : Exploring Graywater)
Exploring GraywaterLiesel HansInterim Utilities Deputy Director, Water Resources & TreatmentATTACHMENT 21.2Packet Pg. 12Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
1.2Packet Pg. 13Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
3Questions for Council1. What general questions or feedback does Council have on the proposed direction? 2. Does Council have specific feedback on the proposed: • Graywater application• Legal Boundary• Timeline 1.2Packet Pg. 14Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
4What is Graywater?SourcesClothes washing machines Bathroom and laundry sinksBathtubsShowersToilet flushingUsed water is collected and reused.Treatment and dyeSubsurface irrigationUsesSettingsSettings1.2Packet Pg. 15Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
5Strategic AlignmentCity PlanOur Climate FutureHousing Strategic PlanMunicipal Sustainability and Adaptation Plan“Right water, right use”Colorado Water PlanWater Supply & Demand Management PolicyWater Efficiency PlanCouncil PriorityCity Strategic PlanUtilities Strategic PlanExploring Graywater1.2Packet Pg. 16Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
6Regulation 862013Colorado Legislature signed HB13-144 into Law2015CDPHE Colorado Water Quality Control Comm. adopts Reg 862016Graywater allowances effective in CO Plumbing Code2020Northern Water OKs graywater for toilet flushing only2021-22NSF/ANSI 350-2011 update2023-24?CDPHE to update Reg 86NSF = National Sanitation Foundation, ANSI = American National Standards InstituteCDPHE = Colorado Department of Public Health and Environment1.2Packet Pg. 17Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
Growth Management Area (GMA)Fort Collins UtilitiesELCO Water DistrictFort CollinsNFort Collins Loveland Water DistrictWest Fort Collins Water DistrictWater Service Area7Legal boundary would need to be defined. Each water district has a different water rights flexibility and limitations related to graywater.1.2Packet Pg. 18Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
8What It Takes The City Would Need To:Adopt CO Plumbing codeConsult with local health agencies, water and wastewater districtsEnsure conformance with water rightsCreate a local ordinance or resolutionDefine legal boundary Must meet minimum standards of Reg 86 Determine staffing resourcesDevelop program administrationDesign criteria documentReview and inspection systemPermit and tracking systemOperator compliance systemToilet Flushing System Requirements:NSF/ANSI 350 standard certified treatment system w/disinfection system Potable back-up systemDual plumbing Min. 50-gallon storage tank (~4sq. ft)Backflow prevention, cross-connection controlProperty Owners Would Need To:Conduct regular maintenanceKeep maintenance manualMinimize exposure to humans and petsCertified operator required for non-single familyapplications 1.2Packet Pg. 19Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
Potential Impact Considerations“How much water could a graywater program save?”Range of SavingsScale & ApplicationRetrofit vs. New ConstructionReliability & Certainty of SavingsMultiple Benefits 91.2Packet Pg. 20Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
Golden (2020)Broomfield (2021)Denver (2016)3 homesCastle Rock (2018)29 homesPitkin County (2018)Thornton in progressLarimer County planned 2022Progress Across the State1.2Packet Pg. 21Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
Proposed ApproachProposed Approach: • Create an enabling ordinance• Application: toilet/urinal flushing systems only• Boundary: Fort Collins Utilities water and wastewater service areasEstimated timeline:11Create draft ordinance and other related materialsQ1 2022Stakeholder engagement and revision Q2 2022Bring ordinance to Council for considerationQ3 20221.2Packet Pg. 22Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
12Questions for Council1. What general questions or feedback does Council have on the proposed direction? 2. Does Council have specific feedback on the proposed: • Graywater application• Legal Boundary• Timeline 1.2Packet Pg. 23Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
For Questions or Comments, Please Contact:THANK YOU!Liesel Hanslhans@fcgov.com1.2Packet Pg. 24Attachment: Powerpoint Presentation (10922 : Exploring Graywater)
DATE:
STAFF:
November 23, 2021
Tyler Marr, Assistant City Manager
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Hughes Stadium Land Update.
EXECUTIVE SUMMARY
The purpose of this item is to affirm Council direction regarding the acquisition, financing and outreach process
regarding the future use(s) of the Hughes Stadium land.
The City and Colorado State University recently agreed to accelerate the purchase of the Hughes Stadium
property, consistent with the citizen-initiated ordinance passed in April of 2021. Council Finance Committee met
and agreed with the staff-recommended approach to pursue a hybrid-financing option, with a partial up-front cash
payment with the outstanding amount coming from a financing through certificates of participation. The exact split
of funding sources (primarily presumed to be General Fund and/or Natural Areas Fund) for the $12.5 million
purchase is recommended to be determined after the land use of the property is known. It is anticipated the
transaction can be completed in the first half of 2022.
There are several interests in and potential uses for the site, consistent with the ballot language, that include
Natural Areas, recreation, and Indigenous uses, among others. Staff proposes a robust and externally led
engagement process to discern community expectations and desires around the site. This process will likely take
all of 2022 to complete, with determined land uses not being available for public use until 2023 at the earliest.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does Council support moving forward with hybrid-financing, including relevant Council decisions and
consistent with the recommendation of Council Finance Committee, to acquire the property?
2. Does Council support the recommended approach that staff partner with an external resource for the
community engagement process to determine the future land use of the site?
BACKGROUND / DISCUSSION
In April 2021’s City election, Fort Collins voters approved Citizen -Initiated Ordinance No. 1, requiring the City to
pursue acquisition of the 164 acre Hughes Stadium property at fair market value. (Attachment 1) The exact
language of the ballot measure is as follows:
Shall the City enact an ordinance requiring the City Council of the City of Fort Collins to immediately
rezone upon passage of the ordinance a 164.56-acre parcel of real property formerly home to the
Hughes Stadium from the Transition District to the Public Open Lands District, and requiring the City to
acquire the property at fair market value to use said property for parks, recreation, and open lands,
natural areas, and wildlife rescue and restoration, and furthe r prohibiting the City from de-annexing,
ceasing acquisition efforts or subsequently rezoning the property without voter approval of a separate
initiative referred to the voters by City Council, and granting legal standing to any registered elector in
the City to seek injunctive and/or declaratory relief in the courts related to City noncompliance with said
ordinance?
Council has already completed the rezoning of the land in the passage of Ordinance No. 069, 2021. Staff has
been pursuing purchase options of the property from Colorado State University (CSU) for well over a year. In
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August 2021, the City entered a memorandum of understanding (MOU) with CSU and Cottonwood Land and
Farms that provided a path for the City to acquire the land, after several oth er land transactions, and development
approvals were met. In early November, CSU and the City began working to accelerate the purchase of the
Hughes land independent of the other items in the MOU, while remaining optimistic that the other elements of the
MOU, including the construction of affordable and workforce housing for CSU, can come to fruition. Council is
scheduled to hear a preliminary metro district proposal from Cottonwood Land and Farms related to the property
described in the MOU in February, 2022.
Financing Approach
At the November 3 Council Finance Committee meeting, staff presented potential options for purchasing the
Hughes land from CSU and discussed a couple of other forthcoming needs in relevant areas. (Attachment 2)
The three options discussed are as follows, with every choice proposing a “true-up” of either the General or
Natural Areas fund based on final land use decision:
1. Cash purchase
a. This option would utilize existing reserves of both General and Natural Areas funds to fully cover
the $12.5M purchase.
2. Financing
a. This option proposes a $22 million, 20-year term that would allow the financing of the Hughes
purchase, an additional Natural Areas acquisition, and a needed golf irrigation system. This
option would require approximately $787,000 for Hughes annually, to be split between the
General and Natural Areas funds.
3. Hybrid - cash and financing
a. This option would provide $4 million in cash, with $2 million coming from each of the Natural
Areas and General funds, and finance $11.5 million over 10 years and include the golf irrigation
project in addition to the Hughes purchase. This would require a combined $944 ,000 for the
Hughes portion annually from the Natural Area and General funds.
Staff recommended the City pursue the hybrid option and Council Finance Committee concurred, while reiterating
the importance of ensuring the proper balancing and shoring up of the two funds once final land use is
determined.
It should be noted that the financing options above are solely for acquisition of the site. To prepare, restore, or
alter the land for final determined uses, additional funds will be needed to complete any work and open the parcel
for public use.
Determination of Land-Use
Staff is aware of numerous desired uses for the Hughes land, once the City acquires it. This includes everything
from basic open land uses, including restoration and trails; recreational uses, both new and those already present
on the site such as disc golf; a wildlife rehabilitation center; and various Indigenous uses, including ceremonial
access and other potential opportunities. All these uses would likely be allowed under the ballot language. As
such and recognizing the various stakeholders and broader community interest in these items, staff believes it is
critical to carefully listen to the community before making any determinations on the future land use.
While several other engagement initiatives will continue and are likely to relate to certain stakeholder interests in
Hughes use, including work with Indigenous community members, staff recommendation is to bring on a public
engagement firm to design and execute a full engagement plan to inform Council about diverse community
desires and work with staff and the community to propose and formulate potential use mixes. This is primarily for
two reasons:
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November 23, 2021 Page 3
1. Avoiding any perception of bias or preconceived views of ideal land use - having a specific department run
the public engagement process might imply that that departm ent is the preferred decision maker or eventual
use for the land.
2. Dedicated capacity to see this process through from start to finish, given the number of current vacancies and
capacity of staff.
If Council is supportive of this direction, staff will work to identify potential cost needs and then bring forward an
appropriation for Council approval, prior to moving forward with a request for proposals (RFP) to begin the work.
Because of the time frame to engage and select an engagement partner and want ing to ensure a non-rushed and
thorough engagement process, staff believes that this engagement work would take 2022 and potentially some of
2023, with potential land-use decisions being decided thereafter. If the property is acquired before the public
engagement process is complete, the Natural Areas Department and Parks Department would temporarily
manage the site with Parks managing the frisbee golf course and Natural Areas managing the rest of the
property.
ATTACHMENTS
1. Hughes Stadium Site (PDF)
2. Council Finance Committee Minutes (PDF)
3. Powerpoint Presentation (PDF)
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ATTACHMENT 1 2.1
Packet Pg. 28 Attachment: Hughes Stadium Site (10926 : Hughes Land Update)
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Finance Committee Meeting Minutes
November 3, 2021
3:00 – 5:00 pm
Zoom
Council Attendees: Julie Pignataro, Kelly Ohlson, Emily Francis, Shirley Peel
Staff: Carrie Daggett, John Duval, Kyle Stannert, Lance Smith, Dave Lenz, Zack Mozer,
Blaine Dunn, Ryan Malarky, Amanda Newton, Aaron Harris, Theresa Connor,
Matt Fater, Erik Martin, Sue, Kraig Bader, Cara Neth, Renee Callas, Teresa
Roche, Lawrence Pollack, Cody Forst, Barb Brock, Zoe Shark, Jen Authier,
Jennifer Poznanovic, Jo Cech, Ginny, Javier Echeverria, Victoria Shaw, Adam
Bromley, Molly Reeves, SeonAh Kendall, Nina Bodenhamer, Matt Fater, Tyler
Marr, Josh Birks, Carolyn Koontz
Others: Kevin Jones
Vicky McLane
____________________________________________________________________________________
Meeting called to order at 3:00 pm
Approval of minutes from the October 6, 2021, Council Finance Committee Meeting. Kelly Ohlson moved for
approval of the minutes as presented. Emily Francis seconded the motion. Minutes were approved unanimously via
roll call by; Julie Pignataro, Kelly Ohlson and Emily Francis.
A.Natural Areas Land Acquisition Financing
Blaine Dunn, Accounting Director
November 23rd Work Session related to the Hughes land purchase.
ATTACHMENT 2 2.2
Packet Pg. 29 Attachment: Council Finance Committee Minutes (10926 : Hughes Land Update)
2.2
Packet Pg. 30 Attachment: Council Finance Committee Minutes (10926 : Hughes Land Update)
2.2
Packet Pg. 31 Attachment: Council Finance Committee Minutes (10926 : Hughes Land Update)
2.2
Packet Pg. 32 Attachment: Council Finance Committee Minutes (10926 : Hughes Land Update)
2.2
Packet Pg. 33 Attachment: Council Finance Committee Minutes (10926 : Hughes Land Update)
2.2
Packet Pg. 34 Attachment: Council Finance Committee Minutes (10926 : Hughes Land Update)
DISCUSSION / NEXT STEPs;
Julie Pignataro; is Natural Areas is a type of Open Space?
Zoe Shark: Natural Areas are defined – 1041 regulations – a specific definition - Open Space is a broader term and
there is not a city definition. Part of the public engagement is clarifying ‘when you said you wanted more open
space, what does that look like to you, to the community?
Julie Pignataro; so many people use these terms interchangeable – Are golf courses considered open public space?
Zoe Shark; Parks and golf courses are "Public Open Lands"
Julie Pignataro; Public open land is the zoning - I applaud the engagement that was done. Do our golf courses pay
for themselves?
Victoria Shaw; our golf courses are enterprise funded which means that they do fund themselves and they repay
the General Fund for any administrative services that we provide. In this case, we are adding in the bonding for
the irrigation system at Southridge which will be repaid out of golf revenues. This was a need that was recognized
several years ago in terms of needing financing for this and this is an attractive option with the right timing.
Blaine Dunn; we have done similar things in the past with tagging golf course projects to other debt financing
packages.
Julie Pignataro; are the irrigation upgrades going to save water?
Victoria Shaw: yes
Julie Pignataro; I don’t want to delay the golf irrigation as we need to conserve water which is such a precious
resource - I appreciate all of the information you have provided. I believe other Councilmembers will have a lot
to say about these options as well. Do we know how much debt the city has?
ACTION ITEM:
2.2
Packet Pg. 35 Attachment: Council Finance Committee Minutes (10926 : Hughes Land Update)
Blaine Dunn; We keep a very close eye on that, and I will follow up via a memo as we like to keep our enterprise
and governmental debt separate both from a policy and from a disclosure standpoint. Governmental debt is
roughly $37M
Blaine Dunn; we were scheduled to bring our Debt and Investment Policies forward at this meeting for your
review, but that topic was moved to accommodate this specific item. We do have some policies in place including
that we won’t have more than 4-5% of the General Fund committed at any time for the governmental side.
3 years payment from Natural Areas go to second land parcel – we would recommend no debt financing for the
second parcel - funds will be made whole over time
Kelly Ohlson; We don’t know what part of these will end up as part of the Natural Areas portfolio.
I like the true up of funds based on land use determination and I want to make sure that is very clear and in
writing when we move forward with this land deal. What are the 3-year payments from Natural Areas of $2.2M
per year if we are starting with the 50/50 thing and then truing up later?
Blaine Dunn; we could have made that bullet more clear - the 3-year payments from the Natural Areas fund are
purely to go to the 2nd parcel purchase. If this is a hybrid option we would recommend not debt financing the 2nd
parcel at all - that they pay for the 2nd land parcel as they are planning to do now.
Kelly Ohlson; I am good
Emily Francis; Next time, can you put all 3 options in a table so we can see that all at one time?
I like the staff recommendation. Where are we using it for? Where is it coming from? We will need to talk about
any trade-offs as a community.
Shirley Peel; what would a tribal land bank actually look like?
Tyler Marr; that is partly why we have a work session scheduled on November 23rd – outlining what an
engagement effort would look like for all stakeholders including the indigenous community, Recreation and
Natural Areas stakeholders as including clarity and timing of what that might look like.
Blaine Dunn; we wanted to come to Finance Committee prior to the Work Session since it is a rather large $12M
purchase.
2.2
Packet Pg. 36 Attachment: Council Finance Committee Minutes (10926 : Hughes Land Update)
Hughes Stadium Property UpdateNovember 23, 2021Tyler MarrAssistant City ManagerATTACHMENT 32.3Packet Pg. 37Attachment: Powerpoint Presentation (10926 : Hughes Land Update)
2Direction Sought from Council1. Does City Council support moving forward with hybrid-financing, including relevant Council decisions and consistent with the recommendation of Council Finance Committee, to acquire the property?2. Does City Council support the recommended approach that staff partner with an external resource for the community engagement process to determine the future land use of the site?2.3Packet Pg. 38Attachment: Powerpoint Presentation (10926 : Hughes Land Update)
3Ballot Language – Citizen Initiated Ordinance April 6, 2021Shall the City enact an ordinance requiring the City Council of the City of Fort Collins to immediately rezone upon passage of the ordinance a 164.56-acre parcel of real property formerly home to the Hughes Stadium from the Transition District to the Public Open Lands District, and requiring the City to acquire the property at fair market value to use said property for parks, recreation, and open lands, natural areas, and wildlife rescue and restoration, and further prohibiting the City from de-annexing, ceasing acquisition efforts or subsequently rezoning the property without voter approval of a separate initiative referred to the voters by City Council, and granting legal standing to any registered elector in the City to seek injunctive and/or declaratory relief in the courts related to City noncompliance with said ordinance?2.3Packet Pg. 39Attachment: Powerpoint Presentation (10926 : Hughes Land Update)
Background4• Ballot measure passed April, 2021 requiring rezoning and acquisition of the 164-acre property• Council rezoned the land in Ordinance 2021-069 • Memorandum of Understanding reached with CSU and Cottonwood Land and Farms in August• Council Finance discussed financing options on 11/3• On 11/15, CSU and the City announced that they were going to accelerate the Hughes Purchase2.3Packet Pg. 40Attachment: Powerpoint Presentation (10926 : Hughes Land Update)
Financing OptionsAll options recommend a ”true-up” of funding sources once land use is known1. Cash Purchase - $6.25M from both General and Natural Areas Fund Reserves2. Financing – 20-year $22M offering for Hughes, additional Natural Areas purchase, and golf irrigation system• $787k annually for Hughes3. Hybrid Option – 10-year, 11.5M offering for Hughes and golf irrigation• $2M cash from General and Natural Areas fund• $944k annually for Hughes• Council Finance and Staff Recommendation52.3Packet Pg. 41Attachment: Powerpoint Presentation (10926 : Hughes Land Update)
Determining the Future Land Use• Multiple stated interests in the property• Existing uses• Indigenous uses –including potential landback• Recreation• Natural Areas• As such, staff recommends a robust process led by a 3rd party facilitator• Anticipate that this could take all of 2022 to complete. 62.3Packet Pg. 42Attachment: Powerpoint Presentation (10926 : Hughes Land Update)
7Next Steps &TimelineAcquisitionWork 2022 2023 202420252026Public Engagement Process Preparing Site For Potential Public Use Land Use Determination2.3Packet Pg. 43Attachment: Powerpoint Presentation (10926 : Hughes Land Update)
THANK YOU!2.3Packet Pg. 44Attachment: Powerpoint Presentation (10926 : Hughes Land Update)