HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/11/2023 - WORK SESSIONNOTICE:
Work Sessions of the City Council are held on the 2nd and 4th Tuesdays of each month in
the Colorado Room of the 222 Building. Meetings are conducted in a hybrid format, however
there is no public participation permitted in a work session.
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their adopted policies and protocol.
Fort Collins City Council
Work Session Agenda
6:00 p.m. Tuesday, April 11, 2023
Colorado River Community Room, 222 Laporte Ave, Fort Collins, CO 80521
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City of Fort Collins Page 1 of 1
City Council Work Session
Agenda
April 11, 2023 at 6:00 PM
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
Colorado River Community Room
222 Laporte Avenue, Fort Collins
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
CITY COUNCIL WORK SESSION
6:00 PM
A) CALL MEETING TO ORDER
B) ITEMS FOR DISCUSSION
1. Staff Report – Graduate Management Assistant Program
The purpose of this staff report is to update Council on the Graduate Management Assistant
Program.
2. Consideration of a Local Minimum Wage.
The purpose of this item is to review work to date and provide additional inform ation based on
further analysis and outreach. Staff will also be requesting direction on ordinance considerations
scheduled for May 16, 2023.
3. Land Use Code Extended Discussion.
The purpose of this item is to update Council on the approach and timeline for engagement around
housing-related Land Use Code (LUC) changes, seek input from Council about engagement topics
that should be included, and share a preliminary approach to exploration of potential alternatives
and code revisions for Council consideration.
C) ANNOUNCEMENTS
D) ADJOURNMENT
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 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice.
Requests for interpretation at a meeting should be made by noon the day before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas q ue 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 970.221.6515 (V/TDD: Marque 711 para
Relay Colorado). Por favor proporcione aviso previo. Las solicitudes de interpretación en una reunión deben
realizarse antes del mediodía del día anterior.
Page 1
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 1
April 11, 2023
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Megan Valliere, Graduate Management Assistant
SUBJECT FOR DISCUSSION
Staff Report – Graduate Management Assistant Program
EXECUTIVE SUMMARY
The purpose of this staff report is to update Council on the Graduate Management Assistant Program.
ATTACHMENTS
1. Graduate Management Assistant Program Presentation
Page 2
Item 1.
Graduate Management
Assistant Program
Report
04/11/2023
Megan “Meggs” Valliere
Graduate Management Assistant, City
Manager’s Office
Page 3
Item 1.
2Overview of GMA Program
•One-year fellowship program in the City Manager’s Office, designed to help fellows strengthen
local government and city management acumen
•Full-time, salaried, and contractual role that has been part of the CMO on and off since the
1980s (breaks in the program between 1992-2000 and 2003-2011).
•Notable alumni include:
•Wendy Williams, former Fort Collins Assistant City Manager
•Heather Brooks, current City Manager for the City of Alamosa
•Kelly Houghteling, current Deputy Town Administrator for the Town of Wellington
•Pam Davis, current Assistant City Manager for the City of Boulder
•Travis Machalek, current Deputy Town Administrator for the Town of Estes Park
•Tyler Marr, current Fort Collins Deputy City Manager
•And many more!
Page 4
Item 1.
GMA Responsibilities
•Member of Budget Lead Team or Strategic Planning
Team (depending on the year)
•Support Executive Leadership Team as directed
•Member of the City Manager’s Office’s policy team
•Legislative Review Committee support
•Assist with special projects and policy work as assigned
based on interests and unique skillsets
•Conduct program evaluation and analysis
•Attend weekly City Council meetings and facilitate
Zoom technology and public participation
•And more!
3
Page 5
Item 1.
Policy and Special Project Work since June 2022
Related to Council Priorities
•Supported local minimum wage benefit
cliff analysis and engagement efforts
•Within pandemic recovery efforts:
•Currently working with Cultural
Services to develop and
administer the ARPA Art to Live
Grant program
•Served on grant panels for small
business recovery and
homelessness sheltering and
resource navigation
•Collecting data related to safe parking
program as a potential policy option to
reduce homelessness
•Core team member for climate subgroup
within the sustainable revenue topic
4
Additional Policy/Project Work
•Firearm regulation research/memo
•Board/Commission manual revisions
•Core team member for rental registration
and occupancy ordinance team
•Supported signature verification for LDC
referendum petition
•Helped coordinate Trans Day of
Remembrance proclamation and celebration
•Working with ESD, CDNS, and ERA on
organizational assessment related to local
regulatory compliance
•Northern Colorado Regional Airport
performance metrics
•Employee survey quantitative analysis
•And more!Page 6
Item 1.
Next Steps
•Last day in June 2023
•Currently looking for roles in housing/homelessness
policy area to continue work related to decreasing
incidences of unsheltered homelessness and housing
insecurity for low-income earners
•Next GMA recruitment process underway
•The program will continue its legacy of providing
invaluable exposure to city management, executive
local government functions, and City Council policy
priorities for the next generation of municipal leaders
5
Page 7
Item 1.
QUESTIONS?
Page 8
Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 5
April 11, 2023
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Ted Hewitt, Legal
SUBJECT FOR DISCUSSION
Consideration of a Local Minimum Wage.
EXECUTIVE SUMMARY
The purpose of this item is to review work to date and provide additional information based on further
analysis and outreach. Staff will also be requesting direction on ordinance considerations scheduled for
May 16, 2023.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What additional information does Council need?
2. Does Council support moving forward with a May 16, 2023 first reading?
3. What wage and wage schedule would Council like to consider?
BACKGROUND / DISCUSSION
Local Minimum Wage Work to Date
In 2019, the Colorado State legislature passed a bill (HB19-1210) allowing municipalities to adopt their
own minimum wage and in 2021, City Council adopted a priority to increase the local minimum wage.
The state house bill limits the number of municipalities establishing a local minimum wage to 10-percent
of all local governments in the state and requires those considering a local wage to engage with
stakeholders including chambers of commerce, small and large businesses, businesses that employ tipped
workers, workers, labor unions, and community groups and consult with surrounding local governments.
Currently, only the City and County of Denver has implemented a local minimum wage law.
The bill also states that any local wage adjustment must take effect on the same date as the statewide
adjustment and that if a local government adopts a wage that is higher than the statewide minimum, the
local government can only increase the wage each year by $1.75 or 15%, whichever is higher until the
local wage reaches the amount enacted by the local government.
Page 9
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 5
In 2022, The City project team engaged in outreach and analysis in the following ways:
Meeting with Fort Collins Chamber of Commerce and the Latino Chamber of Commerce.
Utilizing the scheduled National Business Survey to incorporate questions on minimum wage.
Distributing and making available a general questionnaire for anyone interested in participating.
Sharing plans for minimum wage considerations through regional managers group.
One on one meetings, small group conversations, direct emails to non-profit and health sector contacts,
presentation to Economic Advisory Board.
An ordinance was brought to Council in November 2022. Due to the short timeframe to implement (January
1, 2023) and the lack of outreach representation from the lowest-income earners, Council delayed
ordinance consideration to May 16, 2023, with direction to engage more low-income earners.
2023 Outreach Efforts
Through one-on-one interactions, small meetings, and tabling events, and emails or brief presentations to
regional groups and partners staff has worked to engage housing providers, housing program residents,
the Larimer County Workforce Center, Larimer County Health and Human Services, Denver County Health
and Human Services, and non-profit grant managers. In an effort to avoid the binary question of yes/no to
a higher minimum wage, staff expanded the conversation to include what policy tools and other
interventions would be of most benefit to low-income earners.
Feedback received included:
Continuing and improving skill up programs
Direct cash payments
Securing and ensuring fulltime hours for those working minimum wage jobs
Engagement efforts with low-income earners did not result in high numbers of participants, however the
conversations were valuable. Much of the conversation in this space focused on housing and the difficulty
to qualify for an apartment when working minimum wage jobs. Other comments included:
Wages need to be higher, but even the increases proposed by the City don’t reach living wage by
2030.
The group discussed concerns related to housing affordability and incidences of youth/college student
homelessness.
There was a lot of discussion about missing middle housing in our community, with suggestions for
City programs that support people who are trying to purchase their own homes.
Helping people find places to live that are close to the places they work is one additional way to support
them while the minimum wage is below what would be considered a living wage in our community.
Additionally, folks commented that the rapidly increasing cost of natural gas places additional strain on
lower-income earners and their households.
This group also suggested a slower wage increase for businesses with fewer than 20 employees and
encouraging restaurants to move toward a non-tipped base wage. There was also mention that
engagement opportunities with the City tend to be limited to those who possess the time, transportation,
and means to attend meetings. Bus schedules often do not enable folks to attend Council meetings and
work sessions in person as desired.
Staff also continued to hear concerns from the business community regarding a wage increase. 2023 has
been the first year of the FAMLI act and the second year of mandatory sick leave. Business representatives
have provided a breakdown of employer cost to every dollar paid:
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Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 5
At an hourly rate of $13.65 employers will contribute approximately $15.12 after contributions to Social
Security, Medicare, FAMLI, Potential Unemployment, and Work Comp Insurance.
Benefit Cliff
To gain some insight into benefit cliff risks, staff selected 5 benefits and 3 family types (single adult,
1adult/1child, and 1 adult/2 children) See Attachment
Benefit criteria are likely to change each year but looking at just 2022 requirements and wages varying
from $15-$19/hour, the most impacted earner is the single adult. These individuals experience ineligibility
starting at $15 and see continued benefit loss at $17/hr.
Single adults with 1 child also have ineligibility at $15/hr and then see additional benefit loss at $18/hr.
Adults with 2 children have the most benefit eligibility, although they lose the Health First Colorado
(Medicaid) benefit at $16/hr.
Non-profit providers did share stories of being very careful in promoting their employees who receive
benefits to ensure they did not experience negative consequences from a wage increase.
Regional Wage Efforts
Staff continued to reach out and inform local partners and regional elected officials about the local minimum
wage consideration. No direct feedback or questions have been provided to date.
The Boulder Consortium of Cities continues to meet and to include Fort Collins. Their efforts regarding
the local minimum wage are focused on IGAs between all Boulder County communities as they determine
and standardize their desired local wages. Staff will stay engaged in this space and has encouraged the
Consortium to work with Larimer County as well.
This group met on March 31, 2023. The overall goal is to develop an outreach plan, create and finalize
IGAs between all Consortium communities, and implement local minimum wages by 2024. It is unclear
what wage they may propose or the data they will use to determine the wage.
Possible Implementation Scenarios
HB19-1210 allows an increase of no more than $1.75 or 15%. The following tables have not changed
since the November 2022 meeting.
Year CPI
State
Minimum
Wage
Annual Salary
Increase
Local
Minimum
Wage
Annual Salary
Difference 40hrs/wk & 2
holidays
40 hrs/wk &
2 holidays
2023 9% $13.65 $28.2K $0.00 $13.65 $28.2K $0.00
2024 5% $14.33 $29.6K $1.50 $15.15 $31.3K $0.82
2025 3% $14.76 $30.5K $1.75 $16.90 $34.9K $2.14
2026 3% $15.21 $31.4K $1.60 $18.50 $38.2K $3.29
Page 11
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 5
Year CPI
State
Minimum
Wage
Annual Salary
Increase
Local
Minimum
Wage
Annual Salary
Difference 40hrs/wk & 2
holidays
40 hrs/wk &
2 holidays
2027 3% $15.66 $32.3K 3% $19.06 $39.3K $3.39
2028 3% $16.13 $33.3K 3% $19.63 $40.5K $3.50
2029 3% $16.62 $34.3K 3% $20.22 $41.7K $3.60
2030 3% $17.11 $35.3K 3% $20.82 $43.0K $3.71
Year CPI
State
Minimum
Wage
Annual
Salary
Increase
Local
Minimum
Wage
Annual Salary
Difference
40hrs/wk &
2 holidays
40 hrs/wk &
2 holidays
2023 9% $13.65 $28.2K $0.00 $13.65 $28.2K $0.00
2024 5% $14.33 $29.6K $1.00 $14.65 $30.2K $0.32
2025 3% $14.76 $30.5K $1.00 $15.65 $32.3K $0.89
2026 3% $15.21 $31.4K $1.00 $16.65 $34.4K $1.44
2027 3% $15.66 $32.3K 3% $17.15 $35.4K $1.49
2028 3% $16.13 $33.3K 3% $17.66 $36.5K $1.53
2029 3% $16.62 $34.3K 3% $18.19 $37.6K $1.58
2030 3% $17.11 $35.3K 3% $18.74 $38.7K $1.63
NEXT STEPS
A first reading for local minimum wage consideration is scheduled for May 16, 2023.
A local ordinance will need to state a targeted minimum wage, an implementation timeline, an ongoing
annual adjustment strategy, and enforcement specifications and actions including:
• Requiring employers to maintain employment and payroll records for a specific number of years;
• Giving City staff authority to investigate credible complaints;
• Giving City staff authority to subpoena or obtain such records;
• Description of fines, penalties and other relief available to the employee and the City; and
• Prohibiting retaliation against employees who file complaints.
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Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 5 of 5
ATTACHMENTS
1. Previous Council Materials, November 15, 2023
2. Benefit Cliff Analysis
3. Presentation
Page 13
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
November 15, 2022
AGENDA ITEM SUMMARY
City Council
STAFF
Ginny Sawyer, Project and Policy Manager
DeAngelo Bowden, Sr. Specialist, Environmental Services
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 140, 2022, Establishing a Fort Collins Minimum Wage and
Associated Recordkeeping and Enforcement Provisions.
EXECUTIVE SUMMARY
The purpose of this item is to bring forth an ordinance setting a local minimum wage in compliance with
HB19-1210.
STAFF RECOMMENDATION
Should Council move forward with adoption of a local minimum wage, staff recommends adopting the
Ordinance on First Reading with option 2.
BACKGROUND / DISCUSSION
In 2019, the Colorado General Assembly passed House Bill 19-1210 allowing municipalities to adopt their
own minimum wage. Following the passage of the bill, Council inquired regarding a plan to analyze the
possibility of Fort Collins adopting a local minimum wage. The responding memo outlined a thorough plan
and resources that were estimated at $85K-110K and a 6-month process. The effort did not move forward
at that time.
In 2021, following the Council election, “Raising the Minimum Wage” was identified as a Council priority
and staff outlined a timeline to move forward. The initial RFP seeking both engagement and data analysis
work did not garner any responses resulting in separate requests being reissued and a delay to the project.
Priorities
Following a mid-cycle check-in with Council, plans for extensive engagement were reconsidered. Much of
the engagement with businesses, employees, and community groups was funneled through an on-line
survey and the National Business Survey. To provide a number to react to when responding to survey
questions, a $15/hour minimum wage was utilized by the survey. The use of this number may have proved
misleading as Council’s direction following a September work session was in the $18-$19/hour range. Data
analysis has shown the local living wage to be $18.39 for a single adult and $19.92 for 2 adults (both
working) and 1 child.
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Item 24.COPYPage 14
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
Other engagement efforts included meetings and correspondence with community members, the Fort
Collins Chamber, the Latino Chamber, local labor unions, outreach to health sector organizations, non-
profits, and neighboring communities (through a meeting of regional elected officials and the Boulder
County Consortium of Cities.)
The survey efforts did receive approximately 1500 responses and yet it has proven difficult to develop data-
driven rationale to help identify a local minimum wage where benefits outweigh concerns and perceived or
real unintended consequences. In an October memo update, staff attempted to identify ranges based on
other communities with higher local wages and the wage as a percent of the living wage. This methodology
offers a range of $14.34 to $17.79 for Fort Collins.
House Bill 19-1210 limits the number of municipalities that may establish a local minimum wage to 10-
percent of all local governments in the state. Currently, only the City and County of Denver has
implemented a local minimum wage law. The bill also states that any local wage adjustment must take
effect on the same date as the statewide adjustment and that if a local government adopts a wage that is
higher than the statewide minimum, the local government can only increase the wage each year by $1.75
or 15%, whichever is higher until the local wage reaches the amount enacted by the local government.
The Ordinance brought forward includes two options. The first option (Option 1) was developed based on
Council feedback in September which asked for a wage in the $18-$19 range within 3-4 years while offering
a slower ramp in the first few years.
Year CPI State MW
Annual Salary
Increase LMW
Annual Salary
Difference
40hrs/wk & 2
holidays
40hrs/wk & 2
holidays
2023 9% $13.65 $ 28.2K $0.00 $ 13.65 $ 28.2K $0.00
2024 5% $14.33 $ 29.6K $1.50 $ 15.15 $ 31.3K $0.82
2025 3% $14.76 $ 30.5K $1.75 $ 16.90 $ 34.9K $2.14
2026 3% $15.21 $ 31.4K $1.60 $ 18.50 $ 38.2K $3.29
2027 3% $15.66 $ 32.3K 3% $19.06 $ 39.3K $3.39
2028 3% $16.13 $ 33.3K 3% $19.63 $ 40.5K $3.50
2029 3% $16.62 $ 34.3K 3% $20.22 $ 41.7K $3.60
2030 3% $17.11 $ 35.3K 3% $20.82 $ 43.0K $3.71
Page 469
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Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
The second option (Option 2) was developed following more resident and restaurant engagement and
results in a slower ramp and an overall lesser wage in the time frame.
Year CPI
State
Minimum
Wage
Annual
Salary
Increase LMW
Annual Salary
Difference
40hrs/wk &
2 holidays
40hrs/wk & 2
holidays
2023 9% $13.65 $ 28.2K $0.00 $13.65 $ 28.2K $0.00
2024 5% $14.33 $ 29.6K $1.00 $14.65 $ 30.2K $0.32
2025 3% $14.76 $ 30.5K $1.00 $15.65 $ 32.3K $0.89
2026 3% $15.21 $ 31.4K $1.00 $16.65 $ 34.4K $1.44
2027 3% $15.66 $ 32.3K 3% $17.15 $ 35.4K $1.49
2028 3% $16.13 $ 33.3K 3% $17.66 $ 36.5K $1.53
2029 3% $16.62 $ 34.3K 3% $18.19 $ 37.6K $1.58
2030 3% $17.11 $ 35.3K 3% $18.74 $ 38.7K $1.63
Each option includes an eventual CPI annual adjustment with a 2% floor (to avoid a wage decrease) and
a 5% ceiling (to provide some consistency for employers.)
Staff has confirmed that any wage related complaints can be accepted and investigated by the Colorado
Department of Labor and Employment.
CITY FINANCIAL IMPACTS
Regardless of Council action on this Ordinance, the City has committed to paying $15/hour minimum for
all jobs starting in 2023. This is reflected in the Recommended Budget. Should the local minimum wage
increase above $15/hour, the City will experience financial impacts in both starting pay and job
compression.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Economic Advisory Board discussed this topic in August and provided a memo to Council with their
input which included support for a higher wage with concerns to consider.
PUBLIC OUTREACH
Outreach efforts have been discussed above.
Specific meetings and correspondence include:
BIPOC representatives
CSU teaching assistant
CSU community engagement and the Collegian
Larimer County Economic and Workforce Development
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Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
NoCo Health Sector Partnerships (Care Synergy, UCHealth, & others)
Downtown Development Authority Hospitality and Retailer groups
Labor Groups: FOP, PFA, Colorado ALF-CIO, PSD
Larimer County United Way
Local restaurant groups
Emails that were not received by all Councilmembers have been included in an attachment
ATTACHMENTS
1. Ordinance for Consideration
2. Economic Advisory Board Memorandum
3. Written Public Comment
4. Presentation
Page 471
Item 24.COPYPage 17
Item 2.
ORDINANCE NO. 140, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A FORT COLLINS MINIMUM WAGE AND ASSOCIATED
RECORDKEEPING AND ENFORCEMENT PROVISIONS
WHEREAS, despite a statewide minimum wage rate, many working Fort Collins
residents struggle to afford the basic necessities of life; and
WHEREAS, the health and welfare of all Fort Collins residents is benefited and
advanced when workers are paid a wage that enables them to earn a livable wage and
establish self-sufficiency; and
WHEREAS, the City of Fort Collins seeks to confront the issue of wage inequity
and cost of living affordability in the community; and
WHEREAS, during the 2019 legislative session, the Colorado General Assembly
enacted House Bill 19-1210, which empowered local governments to establish a
jurisdiction-wide minimum wage in accordance with certain requirements and restrictions
mandated by state law; and
WHEREAS, the Colorado General Assembly found that, while state minimum
wage laws can set a useful floor for workers and businesses, local governments should be
able to listen to their residents and enact local minimum wage laws that better address their
unique needs; and
WHEREAS, the City has consulted with surrounding local governments and
engaged with community stakeholders, including workers, chambers of commerce, small
and large businesses, businesses that employ tipped workers, labor unions and numerous
community groups; and
WHEREAS, the City Council believes it is in the best interest of the people of Fort
Collins to enact a higher local minimum wage to ensure that people within the jurisdiction
are paid sufficient wages to afford the basic necessities of life; and
WHEREAS, the City Council believes the higher local minimum wage should
reach [insert selected option] per hour by the year 2026 and thereafter be adjusted annually
for inflation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations
and findings contained in the recitals set forth above.
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Item 2.
Section 2. That Chapter 13 of the Code of the City of Fort Collins is hereby
amended to add a new Article III, entitled Fort Collins Minimum Wage, which reads in its
entirety as follows:
ARTICLE III
FORT COLLINS MINIMUM WAGE
Sec. 13-26. Definitions.
For purposes of this Article, the following definitions shall apply:
Aggrieved party” shall mean a worker or other person who suffers tangible or intangible
harm due to an employer or other person’s violation of this Article;
Employ, employed, or employed by” shall mean to suffer or permit to work;
Employer” shall mean any corporation, proprietorship, partnership, nonprofit, joint
venture, association, individual, limited liability company, business trust, or any person or
group of persons, and any of the foregoing acting directly or indirectly in the interest of an
employer in relation to a worker, and any successor thereof;
Food and beverage worker” shall mean a worker for any employer that prepares and
offers for sale food or beverages for consumption either on or off an employer ’s physical
premises;
Successor” shall mean any person to whom an employer quitting, selling out, exchanging,
or disposing of a business sells or otherwise conveys in bulk and not in the ordinary course
of the employer’s business, a major part of employer’s property, whether real or personal,
tangible or intangible, of the employer’s business;
Tips” shall mean a verifiable sum presented directly and customarily by customers as a
gift or gratuity in recognition of some service performed for customers by the person
receiving the tip;
Unemancipated minor” shall mean a person less than eighteen (18) years of age who does
not maintain sole or primary responsibility for their own support, is not married or
domiciled separately from their parents or guardian, and is unable to show that his or her
well-being is substantially dependent on being gainfully employed;
Work” shall mean any services performed on behalf of or for the benefit of an employer
whether on an hourly, piecework, commission, time, task, or other basis but shall not
include services performed as an independent contractor; and
Worker” shall mean a person performing work, and includes, but is not limited to: full
time employees, part-time employees, temporary workers, agents, and any other person or
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Item 2.
entity performing work on behalf of or for the benefit of an employer. This definition shall
not apply to work performed by independent contractors while acting solely in such
capacity or by persons providing volunteer services that are uncompensated except for
reimbursement of expenses such as meals, parking or transportation.
Sec. 13-27. Fort Collins minimum wage.
Every employer in Fort Collins shall ensure its workers are paid not less than the “Fort
Collins Minimum Wage” as calculated in § 13-28, subject to the terms of this Article.
Sec. 13-28. Minimum wage calculation.
a) The Fort Collins Minimum Wage, exclusive of fringe benefits and any other
deductions or credits, except as described herein, shall be calculated as follows:
Option 1:
1) Beginning January 1, 2024: Fifteen dollars and fifteen cents ($15.15) per
hour;
2) Beginning January 1, 2025: Sixteen dollars and ninety cents ($16.90) per
hour;
3) Beginning January 1, 2026: Eighteen dollars and fifty cents ($18.50) per
hour;
4) Beginning January 1, 2027, and annually thereafter, the Fort Collins
Minimum Wage rate shall increase by an amount corresponding to the increase in
the Consumer Price Index (Urban Wage Earners and Clerical Workers, Denver -
Aurora-Lakewood), or its successor index as published by the U.S. Bureau of Labor
Statistics or its successor agency, (“CPI”) by an amount corresponding to the
increase in CPI observed between the first half of the year two (2) years prior and
the first half of the year prior to the effective date of the increase, as calculated by
the Financial Officer; provided however that such increase shall be not less than
two percent (2%) and not more than five percent (5%).
Option 2:
1) Beginning January 1, 2024: Fourteen dollars and sixty-five cents ($14.65)
per hour;
2) Beginning January 1, 2025: Fifteen dollars and sixty-five cents ($15.65) per
hour;
3) Beginning January 1, 2026: Sixteen dollars and sixty-five cents ($16.65)
per hour;
Page 474
Item 24.COPYPage 20
Item 2.
4) Beginning January 1, 2027, and annually thereafter, the Fort Collins
Minimum Wage rate shall increase by an amount corresponding to the increase in
the Consumer Price Index (Urban Wage Earners and Clerical Workers, Denver -
Aurora-Lakewood), or its successor index as published by the U.S. Bureau of Labor
Statistics or its successor agency, (“CPI”) by an amount corresponding to the
increase in CPI observed between the first half of the year two (2) years prior and
the first half of the year prior to the effective date of the increase, as calculated by
the Financial Officer; provided however that such increase shall be not less than
two percent (2%) and not more than five percent (5%).
b) Tips regularly and actually received by a food and beverage worker may be applied
to an employer's obligation to pay such food and beverage worker the Fort Collins
Minimum Wage. However, no more than three dollars and two cents ($3.02) per hour in
tip income (“tip credit”) may be used to partially offset payment of the Fort Collins
Minimum Wage.
c) Employers may pay wages for work performed equal to the then-current Fort
Collins Minimum Wage reduced on an hourly basis by up to fifteen percent (15%) when
compensating unemancipated minor workers for work performed.
Sec. 13-29. Exclusions.
a) The Fort Collins Minimum Wage shall not apply to work that:
1) is not performed physically within the geographic boundaries of the City;
2) is performed by a worker totaling less than four (4) hours in any given week
for a particular employer within the geographic boundaries of the City; or
3) occurs in the City solely for the purpose of traveling through Fort Collins
from a point of origin outside of the City to a destination outside of Fort Collins,
with no employment-related or commercial stops in the City except for refueling or
the worker’s personal meals or errands.
Sec. 13-30. Recordkeeping Requirements & Inspection.
a) All employers shall retain payroll records for each worker sufficient to document
and verify work performed by and wages paid to each worker for a period of at least three
3) years after the end of the last calendar year of employment.
b) Each worker or former worker shall be entitled to and obtain a true copy of the
records required to be retained in subsection (a) of this section, regarding said worker, at a
reasonable time during normal business hours.
Page 475
Item 24.COPYPage 21
Item 2.
c) For purposes of adjudicating a claim under §13-31, should an employer not
maintain or retain adequate records documenting the manner and amount of wages paid for
work performed pursuant to this Article, there shall be a presumption, rebuttable by clear
and convincing evidence, that the employer violated this Article for the periods and for
each worker for whom adequate records were not retained or access to such records was
not timely provided.
Sec. 13-31. Private right of action.
a) The City Council enacts this section pursuant to Colorado Revised Statutes § 8-6-
101(3)(b), which authorizes the City to create a private right of action to enforce the Fort
Collins Minimum Wage.
b) Within three (3) years of an alleged violation of this Article, any aggrieved party
may bring a civil action in Colorado district or county court, as appropriate, against an
employer alleged to have violated this Article, and, upon prevailing, shall be entitled to
such legal and equitable relief as may be appropriate to fully remedy the violation
including, without limitation:
1) The payment of any wages unlawfully withheld and any unpaid overtime
based on those wages, including amounts that accrued after the filing of the civil
action;
2) Interest on unpaid wages and overtime compensation at a rate of twelve
percent (12%) per annum from the date such wages were first due;
3) The payment of an additional sum as a penalty in the amount of one hundred
dollars ($100.00) to each worker whose rights under this Article were violated for
each day that the violation occurred or continued;
4) Reinstatement of employment, if applicable;
5) Other appropriate injunctive relief; and
6) An award of reasonable attorney fees and costs.
Sec. 13-32. Violations.
Any employer who knowingly pays a worker less than the Fort Collins Minimum Wage
who is entitled to the Fort Collins Minimum Wage as required by this Article commits a
civil infraction and is subject to the penalty provisions of § 1-15(f). Penalties under this
Section are in addition to any remedy issued under § 13-31.
Sec. 13-33. Application of this Article to prevailing wage and contract minimum
wage.
Page 476
Item 24.COPYPage 22
Item 2.
Nothing in this Article shall be deemed to lessen any obligations of employers to comply
with the Code concerning payment of prevailing wage and/or the contract minimum wage
to workers. Should a prevailing wage or contract minimum wage requirement be greater
than the Fort Collins Minimum Wage requirement, the greater wage rate shall be paid. If
the Fort Collins Minimum Wage requires payment of a higher wage rate than an applicable
prevailing wage or contract minimum wage requirement for work, when applicable, the
Fort Collins Minimum Wage shall be paid to any worker for such work.
Sec. 13-34. Relation to other minimum wage laws.
If a higher minimum wage rate is established by applicable state or federal law or rules
than the Fort Collins Minimum Wage, employers shall be bound to the higher minimum
wage.
Sec. 13-35. Recommended changes to the Fort Collins Minimum Wage.
The City Manager shall regularly monitor the Fort Collins Minimum Wage and its
purchasing power, the Colorado statewide minimum wage, the federal minimum wage, and
state and federal minimum wage laws. The City Manager shall annually bring to the City
Council recommendations regarding any desirable or legally required changes to the Fort
Collins Minimum Wage.
Introduced, considered favorably on first reading and ordered published this 15th
day of November, A.D. 2022, and to be presented for final passage on the 6th day of
December, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of December, A.D. 2022.
Mayor
ATTEST:
City Clerk
Page 477
Item 24.COPYPage 23
Item 2.
Local Minimum Wage Benefit Cliff Analysis ($15 - $19 per hour)
$15/hr LMW (Full time)
Single earner
Single earner, 1
child
Single earner, 2
children
Supplemental Nutrition
Assistance Program Eligibility Ineligible Eligible Eligible
Health First Colorado
Eligibility Ineligible Ineligible Eligible
Child Health Plan Plus
Eligibility Eligible Eligible Eligible
Housing Catalyst Rental
Assistance Eligibility Eligible Eligible Eligible
Low-income Energy
Assistance Program Eligibility Eligible Eligible Eligible
Colorado Childcare
Assistance Program Eligibility N/A Eligible Eligible
$16/hr LMW (Full time)
Single earner
Single earner, 1
child
Single earner, 2
children
Supplemental Nutrition
Assistance Program Eligibility Ineligible Eligible Eligible
Health First Colorado
Eligibility Ineligible Ineligible Ineligible
Child Health Plan Plus
Eligibility Eligible Eligible Eligible
Housing Catalyst Rental
Assistance Eligibility Eligible Eligible Eligible
Low-income Energy
Assistance Program Eligibility Eligible Eligible Eligible
Colorado Childcare
Assistance Program Eligibility N/A Eligible Eligible
Page 24
Item 2.
$17/hr LMW (Full time)
Single earner
Single earner, 1
child
Single earner, 2
children
Supplemental Nutrition
Assistance Program Eligibility Ineligible Eligible Eligible
Health First Colorado
Eligibility Ineligible Ineligible Ineligible
Child Health Plan Plus
Eligibility Ineligible Eligible Eligible
Housing Catalyst Rental
Assistance Eligibility Eligible Eligible Eligible
Low-income Energy
Assistance Program Eligibility Ineligible Eligible Eligible
Colorado Childcare
Assistance Program Eligibility N/A Eligible Eligible
$18/hr LMW (Full time)
Single earner
Single earner, 1
child
Single earner, 2
children
Supplemental Nutrition
Assistance Program Eligibility Ineligible Ineligible Eligible
Health First Colorado
Eligibility Ineligible Ineligible Ineligible
Child Health Plan Plus
Eligibility Ineligible Eligible Eligible
Housing Catalyst Rental
Assistance Eligibility Eligible Eligible Eligible
Low-income Energy
Assistance Program Eligibility Ineligible Eligible Eligible
Colorado Childcare
Assistance Program Eligibility N/A Eligible Eligible
Page 25
Item 2.
$19/hr LMW (Full time)
Single earner
Single earner, 1
child
Single earner, 2
children
Supplemental Nutrition
Assistance Program Eligibility Ineligible Ineligible Eligible
Health First Colorado
Eligibility Ineligible Ineligible Ineligible
Child Health Plan Plus
Eligibility Ineligible Eligible Eligible
Housing Catalyst Rental
Assistance Eligibility Eligible Eligible Eligible
Low-income Energy
Assistance Program Eligibility Ineligible Eligible Eligible
Colorado Childcare
Assistance Program Eligibility N/A Eligible Eligible
Page 26
Item 2.
Local Minimum Wage Consideration
April 11, 2023
City Council Work Session
Page 27
Item 2.
2Council Consideration
1.What additional information does Council need?
2.Does Council support moving forward with a May 16,
2023 first reading?
3.What wage and wage schedule would Council like to
consider?
Page 28
Item 2.
3Background
HB19-1210
•Allows local governments to establish minimum wage laws.
•Only 10% of Colorado municipalities allowed to adopt local wage.
•Local wage must take effect on the same day as the statewide minimum
wage increase.
•If wage is higher than the statewide minimum the local wage can only
increase each year by $1.75 or 15%, whichever is higher, until the local wage
reaches the amount enacted by the local government.
•Communities considering a local wage must:
•Engage with stakeholders including chambers of commerce, small and large
businesses, businesses that employ tipped workers, workers, labor unions,
and community groups, and;
•Consult with surrounding local governments.
Page 29
Item 2.
4Local Minimum Wage
Consider an ordinance to set a Local Minimum Wage (LMW)
Council Priority
3 work sessions in 2022
Ordinance consideration November 2022
Initiative delayed to May 16, 2023
Target outreach to low-income earners
More regional conversation
Longer adjustment period for employers
If adopted, implementation January 1, 2024
Applies to all employers within Fort CollinsPage 30
Item 2.
5Additional Engagement/Analysis
Staff reached/attempted to reach: Regional groups and partners, housing providers, housing program
residents, the Larimer County Workforce Center, Larimer County Health and Human Services, Denver
County Health and Human Services, and non-profit grant managers.
Feedback received included:
•Housing concerns
•Need for fulltime/consistent hours
•Benefit of skill up programs
•Success of direct cash payments
Additional Information provided:
•Benefit Cliff
•Employer costs
•Regional minimum wage effort
Page 31
Item 2.
Minimum Wage History in Colorado
•2023 minimum wage is
$13.65/hour
($10.63/hour for tipped
employees)
•Annual increases since
2016 range from a low
of $0.24 to high of
$1.09 (2023)
•2023 first quarter rate
of inflation is
scheduled to be
released on April 12,
2023.
6
$5.15 $5.15 $5.15 $5.15 $5.15 $5.15 $5.15
$6.85 $7.02 $7.28 $7.24 $7.36 $7.64 $7.78 $8.00 $8.23 $8.31
$9.30
$10.20
$11.10
$12.00 $12.32 $12.56
$0.00
$2.00
$4.00
$6.00
$8.00
$10.00
$12.00
$14.00
2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022
Source: Economic & Planning Systems
State Minimum Wage Implemented
Page 32
Item 2.
Living Wage by Household Type, Fort Collins
$52.00
$39.49
$28.05
$23.05
$21.85
$18.92
$14.33
$13.65
$0.00 $10.00 $20.00 $30.00 $40.00 $50.00 $60.00
Single Parent, 2 Children
Single Parent, 1 Child
Dual Income, 2 Children
Median Wage (All CO)
Dual Income, 1 Child
Single Adult
Dual Income, No Children
Current Minimum Wage
https://livingwage.mit.edu/metros/22660 (2022-23 Update)
Page 33
Item 2.
Wages vs. Prices, Fort Collins 8
Avg, Wage, Ft. Collins, 147%
Housing Price Index, 204%
All Prices, 130%
Food, 131%
Medical Care, 137%
Transport, 122%
100%
120%
140%
160%
180%
200%
220%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
% of 2010
Source: BLS; FHFA;Economic & Planning Systems
Page 34
Item 2.
9Wage Distribution, Larimer County (2021)
10%
25%
50%
75%
90%
$13.83 $14.80 $22.66 $35.29 $48.84
Source: BLS OES; Economic & Planning Systems
10% of earners make
more than $48.84 per
hour
10% of earners make less
than $13.83 per hour
Page 35
Item 2.
10Benefit Cliff Examples
Page 36
Item 2.
11Option 1
Year CPI State MW
Annual Salary
Increase LMW
Annual Salary
Delta40hrs/wk & 2
holidays
40hrs/wk & 2
holidays
2023 9%$13.65 $28.2K $0.00 $13.65 $28.2K $0.00
2024 5%$14.33 $29.6K $1.50 $15.15 $31.3K $0.82
2025 3%$14.76 $30.5K $1.75 $16.90 $34.9K $2.14
2026 3%$15.21 $31.4K $1.60 $18.50 $38.2K $3.29
2027 3%$15.66 $32.3K 3%$19.06 $39.3K $3.39
2028 3%$16.13 $33.3K 3%$19.63 $40.5K $3.50
2029 3%$16.62 $34.3K 3%$20.22 $41.7K $3.60
2030 3%$17.11 $35.3K 3%$20.82 $43.0K $3.71
At an hourly rate of $13.65 employers contribute approximately $15.12 after contributions to Social
Security, Medicare, FAMLI, Potential Unemployment, and Work Comp Insurance.Page 37
Item 2.
12Option 2
Year CPI
State
Minimum
Wage
Annual Salary
Increase LMW
Annual Salary
Delta
40hrs/wk & 2
holidays
40hrs/wk & 2
holidays
2023 9%$13.65 $28.2K $0.00 $13.65 $28.2K $0.00
2024 5%$14.33 $29.6K $1.00 $14.65 $30.2K $0.32
2025 3%$14.76 $30.5K $1.00 $15.65 $32.3K $0.89
2026 3%$15.21 $31.4K $1.00 $16.65 $34.4K $1.44
2027 3%$15.66 $32.3K 3%$17.15 $35.4K $1.49
2028 3%$16.13 $33.3K 3%$17.66 $36.5K $1.53
2029 3%$16.62 $34.3K 3%$18.19 $37.6K $1.58
2030 3%$17.11 $35.3K 3%$18.74 $38.7K $1.63Page 38
Item 2.
132022 Proposed Ordinance
Ordinance includes:
•LMW amounts and schedules.
•Option 1 meets September 2022 Council feedback ($18.50 by 2026)
•Option 2 adjusted based on business feedback ($16.65 by 2026)
•CPI adjustments starting in 2027 with a 2% floor and 5% ceiling in adjustment
•Clarity on existing state rules/process
•Minors can be paid 15% less than adopted wage
•Tipped employee wage will be $3.02 less than adopted wage
•Ability and intent for Colorado State Department of Employee and Labor to receive
and investigate complaints
•Cases would go to District or County court (not municipal court)
•A provision that the City will monitor state and federal minimum wages and bring
recommendations to Council as needed
Page 39
Item 2.
14Council Consideration
1.What additional information does Council need?
2.Does Council support moving forward with a May 16,
2023 first reading?
3.What wage and wage schedule would Council like to
consider?
Page 40
Item 2.
THANK YOU!
Page 41
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 5
April 11, 2023
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Paul Sizemore, Community Development and Neighborhood Services Director
Meaghan Overton, Housing Manager
SUBJECT FOR DISCUSSION
Land Use Code Extended Discussion.
EXECUTIVE SUMMARY
The purpose of this item is to update Council on the approach and timeline for engagement around
housing-related Land Use Code (LUC) changes, seek input from Council about engagement topics that
should be included, and share a preliminary approach to exploration of potential alternatives and code
revisions for Council consideration.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Are Councilmembers comfortable with the overall engagement approach and timeline?
2. Are there specific engagement topics missing that Councilmembers would like to see included?
3. Do Councilmembers support the proposed approach to exploration of potential alternatives and
revisions?
BACKGROUND / DISCUSSION
Following the submission and certification of a petition sufficient for referendum, Council reconsidered
Ordinance No. 114, 2023 on January 17, 2023. Council voted unanimously (7-0) to repeal Ordinance No.
114, 2022, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins Code to Adopt
the Land Development Code and Separately Codifying the 1997 Land Use Code As “Transitional Land
Use Regulations”. Council directed staff to explore next steps to allow for additional community
engagement and further refinement of housing-related code changes.
Revisions to the code will continue to support the five guiding principles confirmed by Council in November
2021 and re-affirmed by a majority of Councilmembers at a work session in February 2023:
1. Increase overall housing capacity (market rate and affordable) and calibrate market-feasible
incentives for deed-restricted affordable housing.
2. Enable more affordability, especially near high frequency transit and growth areas.
3. Allow for more diverse housing choices that fit in with the existing context.
Page 42
Item 3.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 5
4. Make the code easier to use and understand.
5. Improve predictability of the development review process, especially for housing.
A refined approach to engagement, including proposed themes and topics to cover, are outlined below.
The approach also includes an updated timeline and upcoming engagement opportunities.
Engagement Approach and Timeline
City staff has begun to re-engage community members to gather feedback on housing -related LUC
changes. The target audience is citywide, with some engagement methods tailored to specific audiences.
During the month of March, staff have also held 8 one-on-one or small group meetings to review planned
engagement activities and begin in-depth dialogue with community groups. Following a citywide postcard
mailing in early April, staff will be hosting a wide range of community engagement events in Apri l, May,
and June.
Timeline: The staff team plans to conduct most large-scale engagement events during Stage 2 (April-June)
prior to drafting code language. Staff anticipates sharing a public draft in late summer, with Council
consideration of adoption to follow in late summer or early fall 2023.
Upcoming Engagement Opportunities: A wide range of engagement events have been scheduled in
accordance with Council direction received at the February 14, 2023 work session. Engagement
opportunities are being announced with a postcard (English/Spanish) mailed to all residents and a parallel
social and print media effort. Events include informal tabling at community gatherings, presentations to
community groups, Boards, and Commissions, virtual and in-person sessions, and deliberative dialogue
opportunities. All information about events is being posted to the project website,
https://www.fcgov.com/lucupdates.
Early April – Postcards arrived in mailboxes
April 12th, 6:00-9:00 p.m. – CityWorks 101 presentation on LUC updates
Earth Day 4/22, Open Streets 6/4, Bike to Work Day 6/28, etc. – Tabling at events
April 24th, 6:00-7:30 p.m. – Virtual Information Session
April 26th, 5:30-8:00 p.m. – Deliberative Forum with Center for Public Deliberation
Page 43
Item 3.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 5
Late April – Next Level Neighborhood Walking Tours
Thursdays, Fridays, and Saturdays in May – Neighborhood Walking Tours
May 8th, 2:00-7:00 p.m. – In Person Community Open House
June (dates TBD) – Overflow Neighborhood Walking Tours as needed
Engagement Topics
Potential changes to the LUC have resulted in robust community dialogue and many comments shared
with City Leaders and staff. To better understand the topics of interest to community members, staff
analyzed 369 inquiries received from August 2022 through February 2023, roughly corresponding to the
release of the public draft of the Land Development Code (LDC) through the repeal of the LDC. A detailed
synthesis of comments has been included as an attachment. Nearly 70% of all inquiries were about one
of the following topics:
1. Increased menu of housing choices and associated regulations (e.g. Accessory Dwelling Units,
duplexes, triplexes)
2. Affordable housing questions, concerns, and suggestions
3. Size, height, form, and allowed density of specific housing types
4. Process of LDC code changes and adoption
5. Interaction between the code and private covenants (HOAs)
6. Notification, community input, and review procedures for residential development
7. Infrastructure and utilities (including parking)
To inform community dialogue about these key topics and others, staff proposes a structure for
engagement events that can guide conversation about potential LUC revisions to address community
concerns while still aligning with the Guiding Principles of this effort. Engagement events will discuss:
What is allowed under the current code (Land Use Code) for a given topic?
What was proposed in the repealed code (Land Development Code) and the purpose of that proposed
revision?
Community concerns about changes included in the repealed code
Potential code revisions that address those concerns while aligning with the 5 Guiding Principles
Staff has developed code comparisons and exploration of concerns and alignment for each engagement
topic area. The framework for Accessory Dwelling Units is included as an example below. During the work
session, staff will walk through each topic area for Council input.
Example: Increased menu of housing choices and associated regulations (Accessory Dwelling Units)
Current and Repealed Code Comparison: ADUs
Current Code Repealed Code
Where NCL, NCM, NCB All zones
Review Type Public Hearing (Type 1) Administrative (BDR)
Setbacks Same as house; no separation required
from main house
Same as house; 5 ft separation required
from house
Height 24 ft max 28 ft max; 24 ft max in OT zone
Size 1,000 sf floor area max 1,000 sf floor area max
Parking 1 per bedroom None required
Page 44
Item 3.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 5
Current Code Repealed Code
Utilities Can extend water from primary house;
separate electric meter
Can extend water from primary house;
separate electric meter
Other No internal ADU permitted; 10,000 sf
minimum lot size in NCM, NCL
Internal ADU permitted; no minimum lot
size
Concerns and Alignment: ADUs
Concerns to date have included:
Amount of parking required
Potential impact on neighborhood, especially if many ADUs are built
Potential to impact shading and privacy of adjacent properties
ADUs as short-term rentals
Cost and feasibility to build
Changes to ADU regulations in the repealed code aligned with the following guiding principles:
Increase overall housing capacity
Enable more affordability
Allow for more diverse housing choices
Improve predictability of the development review process
Approach to Exploration of Potential Alternatives and Revisions
Staff will continue to gather, analyze and synthesize community feedback received through upcoming
engagement events and other correspondence, including online feedback forms and emails. Staff will then
use this information to explore alternative code options within the 6 topic areas to address community
concerns. The following is an example of the framework staff propose for evaluating potential alternatives
and revisions. This is not an exhaustive list of alternatives or analysis required. Rather, it is intended to
show how staff could investigate potential revisions to the LUC, using the Accessory Dwelling Units (ADUs)
topic as an example:
Example: Increased menu of housing choices and associated regulations (Accessory Dwelling Units)
Concerns from Engagement Potential Alternative Examples Analysis Required
Not enough parking to
accommodate more residents
Potential impact on
neighborhood, especially if
many ADUs are built
Potential to impact shading
and privacy of adjacent
properties
ADUs as short-term rentals
(STR)
Cost and feasibility to build
Consider requiring an off-street
parking space for ADUs
Review design requirements to
evaluate for compatibility with
neighborhood setting
Review design requirements to
evaluate for potential privacy and
shading issues
Explore limiting use of ADUs as
STR
Investigate possibility of pre-
approved ADU plans
Economic feasibility/tradeoffs of
additional parking requirements
Additional research into design
requirements and
graphics/visualization
Additional research into design
requirements and
graphics/visualization
Peer communities research;
legal review
Peer communities research
Page 45
Item 3.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 5 of 5
NEXT STEPS
Community engagement events will take place in April and May as outlined in this Agenda Item Summary.
Three Council work sessions are scheduled to date:
May 23: Summary of feedback; exploration of potential alternatives and revisions
July 25: Summary of feedback; discuss potential code revisions and analysis of alternatives
August 22: Draft code
ATTACHMENTS
1. Communications Tracker Synthesis
2. Presentation
Page 46
Item 3.
Land Use Code and Repealed Land Development Code
Synthesis of Public Comments and Questions | August 2022-February 2023
About this analysis: This analysis contains a summary of inquiries from August 2, 2022, through
February 27, 2023, flanking the season when the draft code updates were available to the public and
before Council for consideration.
Inquiries to City staff, Current_Planning general inbox, various Councilmembers via Service Area
Requests, FCGov Contact Form
Inquiries were also compiled from the community information session Zoom town hall meeting
on November 29, 2022.
This report summarizes 369 comments and inquiries from community members.
140 emails from 111 people; additional 166 inquiries from around 60 participants in the
November 29, 2022, community information session.
Many emails contained inquiries or comments on more than one topic.
Most Frequent Topics: 68% of all inquiries were related to the 7 topics highlighted in gray below.
Rank Topic Count % of all 369
inquiries
1 Increased menu of housing choices and associated regulations
(e.g. Accessory Dwelling Units, duplexes, triplexes)
43 11.9%
2 Affordable housing questions, concerns, and suggestions 41 11.4
3 Size, height, form, and allowed density of specific housing types 35 9.7
4 Process of LDC code changes and adoption 32 9.2
5 Interaction between the code and private covenants (HOAs) 31 8.9
6 Notification, community input, and review procedures for
residential development
30 8.6
7 Infrastructure and utilities (including parking) 15 8.3
8 More information requests, generally 12 4.2
9 Neighborhood design & character 10 3.3
10 General support 9 2.8
11 General concerns 8 2.5
12 Rental vs owner occupation 7 2.2
13 Controls on developers 6 1.7
TOTAL 312 86.7%
Themes of Questions and Comments by Topic: Within each topic, comments were categorized into
either questions or comments based on the content of the inquiry. Themes for each topic are
summarized below.
1. Increased menu of housing choices and associated regulations (e.g. Accessory Dwelling Units,
duplexes, triplexes)
- Technical questions about whether an ADU or duplex could be built on a property under the
Land Development Code:
o Questions from realtors, appraisers, or owners asking whether existing ADU or duplex is
legally conforming
Page 47
Item 3.
2
o Questions from realtors or owners actively considering projects
o Questions from would-be neighbors, i.e., “Would this allow my neighbor to build an
ADU?”
o Questions about whether the code updates change any short-term rental regulations
- Concern about changes in the built environment in a neighborhood or the city overall:
o Concern about neighborhood character, massing, shading
o Concerns about parking availability
o Concerns about “scrapes” – demolition of a house to replace with a new structure
o Suggestions to limit number of ADUs permitted within a certain radius, on a block, etc.
- Concern about changes in the social fabric of a neighborhood or the city overall:
o Concerns about ADUs being used as short-term rentals
o Concerns about who might live in an ADU (owner-occupied or rental)
o Concerns about the feasibility and cost of building an ADU or duplex and the capital
available to renters vs homeowners vs real estate investors
o Suggestions to limit the number of residents allowed in an ADU
2. Affordable housing questions, concerns, and suggestions
- Technical questions about Affordable Housing:
o Questions about the definition of affordable housing
o Concerns about enforcement of affordability restrictions
o Questions about deed restriction, especially with reference to the length of the deed
restriction required for affordable housing
o Requests for clarifications about how area median income (AMI) and housing costs
interact: what is AMI currently, what if the household is larger or smaller, etc.
- Many comments expressed worry about the affordability of housing in Fort Collins now and into
the future:
o Concerns that the Land Development Code did not do enough to ensure affordable
housing
o Concerns that the code updates would not make housing more affordable in Fort Collins
o Questions asking for clarifications about what code updates would do to increase
housing affordability in Fort Collins
o Varying opinions about the relationship between housing capacity/supply and housing
affordability
o Suggestions that code should require or mandate affordable housing
o Concerns about the rental/ownership markets, especially with reference to ensuring
opportunities for individuals to build capital through homeownership
3. Size, height, form, and allowed density of specific housing types
- Technical questions about how many units could be built on specific properties or in specific
zone districts:
o Questions about how many units X property (or a generic property in X Zone District)
could accommodate under the Land Development Code
o Questions about how housing density increases would be distributed across the city (i.e.
“will x neighborhood see the largest density increases?”
Page 48
Item 3.
3
o Requests for clarification about why particular housing types would be permitted in
specific zone districts (i.e. “why are cottage courts allowed in the Old Town zone?”)
- General concern about increasing housing capacity:
o Many comments expressing concern or displeasure with increasing housing capacity
o Concern about “scrapes” including fears that people would demolish homes next door
or nearby to build multi-unit housing
o Suggestions to do more to prevent demolition of existing structures
o Concerns about the waste created by demolition of existing structures
o Concerns that single-family houses will no longer be built in Fort Collins
o Concern about impacts to traffic, parking, utilities, grocery stores, gentrification, sprawl,
etc.
4. Process of LDC code changes and adoption
- General concern that the commenter did not know about the proposed code changes
- Comments stating that most residents of Fort Collins did not know about the proposed code
changes
5. Interaction between the code and private covenants (HOAs)
- Questions about whether the Land Development Code supersedes or preempts HOA restrictions
o Many questions asking whether someone could now build an ADU even if it is against
their HOA rules
o Some inquiries about HOA function including governance procedures, taxing/fees,
owner-lender contracts, and other topics that are outside of the City’s purview
- Concern about preemption of HOA restrictions on housing capacity
o Concerns that the code updates improperly disregard HOA rules
o Some statements that preemption of HOA restrictions may not be legal
o Some discussion of possible litigation
6. Notification, community input, and review procedures for residential development
- Technical questions about the development review process
- Concerns about eliminating opportunities for community input into development projects
o Concern about eliminating neighborhood meetings for development projects
o Concern about eliminating P&Z hearings for development projects
7. Infrastructure and utilities (including parking)
- Concerns about the availability, condition, and costs associated with infrastructure and utilities
o Condition of and costs associated with water, sewer, roads, electricity, and schools
o Concerns about availability of street parking if more people live in Fort Collins
o Concerns about traffic and the intersection of the code with transportation planning
o Concerns about the city’s ability to accommodate more people, particularly with regard
to regional water availability
Page 49
Item 3.
Land Use Code Phase 1 Updates: Process Next Steps
April 11, 2023
Meaghan Overton | Housing Manager
Paul Sizemore | CDNS DirectorPage 50
Item 3.
Outline
Introduction: Overview and Policy Alignment
(3 min presentation)
Part 1: Engagement Approach and Timeline
(5 min presentation; 20 min discussion)
Part 2: Themes and Topics to Address
(15 min presentation; 40 min discussion)
Part 3: Approach to Potential Alternatives and Revisions
(5 min presentation; 30 min discussion)
Conclusion: Next Steps
(2 min presentation)
Page 51
Item 3.
Questions
1.Are Councilmembers comfortable with the overall engagement
approach and timeline?
2.Are there specific engagement topics missing that
Councilmembers would like to see included?
3.Do Councilmembers support the proposed approach to exploration
of potential alternatives and revisions?
3
Page 52
Item 3.
Purpose of the Land Use Code Updates:
To Align the LUC with Adopted City Plans and Policies with a focus on:
•Housing-related changes
•Code Organization
•Equity
4
Page 53
Item 3.
FIVE GUIDING
PRINCIPLES
Revisions to the code will
continue to support the
five guiding principles
confirmed by City Council
in November 2021 with an
emphasis on Equity.
1.Increase overall housing capacity
(market rate and affordable)
and calibrate market-feasible incentives for
deed restricted affordable housing
2.Enable more affordability
especially near high frequency
transit and growth areas
3.Allow for more diverse housing choices
that fit in with the existing context
4.Make the code easier to use
and understand
5.Improve predictability
of the development permit review
process, especially for housing
Page 54
Item 3.
6Timeline
Stage 1
(Mar-Apr)
•Begin outreach to all
•Identify areas for engagement and potential adjustment
Stage 2
(Apr-Jun)
•Gather feedback
•Educate, Inform & Consult
Stage 3
(Jun-Jul)
•Draft Code Revisions
•Testing & Legal Review
Stage 4
(Aug-Sept)
•Recommendations & Adoption
Page 55
Item 3.
7Upcoming Engagement Opportunities
•Early April –Postcards arrived in mailboxes
•April 12th, 6:00-9:00 p.m. –CityWorks 101 presentation on LUC updates
•Earth Day 4/22, Open Streets 6/4, Bike to Work Day 6/28, etc. –Tabling
•April 24th, 6:00-7:30 p.m. –Virtual Information Session
•April 26th, 5:30-8:00 p.m. –Forum with Center for Public Deliberation
•Late April –Next Level Neighborhood Walking Tours
•Thursdays, Fridays, and Saturdays in May –Neighborhood Walking Tours
•May 8th, 2:00-7:00 p.m. –In Person Community Open House
•June (dates TBD) –Overflow Neighborhood Walking Tours as needed
Page 56
Item 3.
Questions
1.Are Councilmembers comfortable with the overall engagement
approach and timeline?
8
Page 57
Item 3.
Themes and
Topics to Address
Page 58
Item 3.
10Engagement Summary -Topics
Analysis of Recent Inquiries
•August 2, 2022, through February 27, 2023, roughly
corresponding to the release of the public draft of the Land
Development Code (LDC) through the repeal of the LDC.
•369 inquiries -140 emails from 111 people; additional 166
inquiries from around 60 participants in the November 29,
2022, community information session.
•7 main themes identified
Page 59
Item 3.
11Specific topics for additional engagement
Increased menu of
housing choices and
associated
regulations
Affordable housing
comments,
questions, and
suggestions
Size, height, form,
and allowed density
of specific housing
types
Notification,
community input, and
review procedures
for residential
development
Interaction between
the code and private
covenants
Infrastructure and
utilities
Page 60
Item 3.
12Increased menu of housing choices (ADUs)
CURRENT CODE REPEALED CODE CONCERNS PRINCIPLES
Where: NCL, NCM, NCB (“Old
Town” zones)
Review: Public Hearing (Type 1)
Setbacks: Same as house; no
separation required from house
Height: 24 ft max
Size: 1,000 sf max floor area
Parking: 1 per bedroom
Utilities: Can extend water from
primary house, separate electric
meter
Other: no internal ADU
permitted; 10,000 sf minimum lot
size in NCM, 12,000 sf in NCL
Where: All residential and
mixed-use zones
Review: Administrative (BDR)
Setbacks: Same as house; 5 ft
separation required from house
Height: 28 ft max, 24 ft in OT
Size: 1,000 sf max floor area
Parking: none required
Utilities: Can extend water
from primary house, separate
electric meter
Other: internal ADU permitted;
no minimum lot size
Amount of parking required
Potential impact on
neighborhood, especially if
many ADUs are built
Potential to impact shading
and privacy of adjacent
properties
ADUs as short-term rentals
Cost and feasibility to build
Increase overall
housing capacity
Enable more
affordability
Allow for more
diverse housing
choices that fit in
with the existing
context
Improve
predictability of
the development
review processPage 61
Item 3.
13Increased menu of housing choices (2-5 plexes)
CURRENT CODE REPEALED CODE CONCERNS PRINCIPLES
Where: UE (up to 2 units), NCM
(2-4 units)
Review: Public Hearing (Type 1)
in UE; Administrative (BDR) in
NCM*
Height: 2-3 stories
Parking: 1-3 spaces per unit
depending on number of
bedrooms
Design Requirements: Yes
Other: Administrative approval
in NCM only if no structural
change to an existing house
Where: Add NCL and RL (up to
2 units); Increase NCM (+1 unit)
Review: Administrative (BDR)
Height: 3 stories or 35 ft max
Parking: 1-3 spaces per unit
depending on number of
bedrooms
Design Requirements: Yes
Other: Affordable housing
incentives allow additional 1-2
units and reduced parking
requirements
Concern about demolition of
existing structures
Availability of street parking
Potential impact on
neighborhood
Potential to impact shading
and privacy of adjacent
properties
Multi-unit buildings as short-
term rentals
Increase overall
housing capacity
Enable more
affordability
Allow for more
diverse housing
choices that fit in
with the existing
context
Improve
predictability of
the development
review processPage 62
Item 3.
Where: All zones
Type: Voluntary incentives
Review:Administrative (BDR)
Requirements: 99 year deed
restriction; 10-20% of units must
be affordable to access incentives
Incentives: Citywide density
bonus of additional units, density,
or height depending on zone;
~50% reduction in parking
requirements for all affordable
projects; reduced tree sizes
14Affordable Housing
CURRENT CODE REPEALED CODE CONCERNS PRINCIPLES
Where: All zones
Type: Voluntary incentives
Review: Varies by district
Requirements: 20 year deed
restriction; 10% of units must be
affordable to access incentives
Incentives:Limited density
bonus of 3 dwelling units per
acre in LMN (from 9 to 12); 50%
parking reduction in Transit-
Oriented Development Overlay;
reduced tree sizes
Updates do not do
enough to ensure
affordable housing for
residents
Updates will not make
housing more affordable
Clarification about how
the updates will
increase housing
affordability
Technical questions
related to enforcement,
deed restrictions,
definitions and income
level requirements
Increase overall
housing capacity
Enable more
affordability
Allow for more
diverse housing
choices that fit in
with the existing
context
Improve
predictability of
the development
review process
Rental For Sale
10% at 60% AMI
or
10% at 80% AMI
or
20% at 80% AMI 20% at 100% AMI
Rental and For Sale
10% at 80% AMI
Page 63
Item 3.
15Size, height, form, and allowed density
CURRENT CODE REPEALED CODE CONCERNS PRINCIPLES
General concern about
additional housing,
especially in existing
neighborhoods
Impacts of additional
housing on built
environment and
neighborhood
Impacts to traffic,
parking, utility capacity,
gentrification, sprawl,
and other topics
Questions about new
housing types,
particularly the cottage
court
Increase overall
housing capacity
Allow for more
diverse housing
choices that fit in
with the existing
context
Where: Residential and mixed-
use zones
Review: Administrative (BDR)
Design Requirements: Defines
a menu of “housing types” with
specific design requirements
including (but not limited to):
•Urban detached house
•Suburban detached house
•Cottage court
•Rowhouse
•Apartment building
Other: Detached house limited
to 2,400 sf floor area in OT
zone; overall “form based”
approach including façade,
articulation, height, massing,
entry, and other requirements
Where: Residential and mixed-
use zones
Review: Public Hearing (Type 1)
Design Requirements: Specific
to each zone district. Code
defines a range of “dwellings”:
•Single-family detached
•Single-family attached
•Two-family
•Two-family attached
•Multi-family
Other: Detached house floor
area limited by lot size and rear
coverage in Old Town zones;
overall “use based” approach
with design requirements for
carriage houses, single unit
houses, and multi-unit buildingsPage 64
Item 3.
16Notification, Community Input, and Review Procedures
REVIEW TYPES: OVERVIEW
Review Levels: Overview
Conceptual
Design Review
includes
notification on
website/electronic
newsletter
Neighborhood
Meeting includes
website/electronic
newsletter,
mailing, and sign
posting
Application
Submittal includes
website/electronic
newsletter,
mailing, and sign
posting
Rounds of
Review
(Average of
3 rounds)
Public Hearing
includes mailing,
sign posting and
website/electronic
newsletter
Notification a
Decision is
pending includes
website/electronic
newletter and
mailing
Decision
includes
appeal
period
Final Plan
Submittal
includes sign
posting and
website/electr
onic newletter
Rounds of
Review
(Average of
3 rounds)
Recording of
Plans and
Development
Agreement
Type 2
(Planning and
Zoning
Commission)
Type 1
(Hearing
Officer)
Basic
Development
Review
(Director)
City Staff availble to receive comments and answer questions
COMPARISON OF REVIEW TYPES
Page 65
Item 3.
17Notification, Community Input, and Review Procedures
RESIDENTIAL DISTRICTS MIXED-USE DISTRICTS
RUL UE RF RL OT-A OT-B MH LMN MMN HMN OT-C NC
USES LUC LDC LUC LDC LUC LDC LUC LDC LUC LDC LUC LDC LUC LDC LUC LDC LUC LDC LUC LDC LUC LDC LUC LDC
Single
Unit
Dwelling ◪■◪■▨■◪■■■■■◪■◪■■■
Two Unit
Dwelling
(duplex)◪◪X ■X ■■■◪■◪■◪■◪◪
Single
Unit
Attached
(2-4
units)
◪◪X ▲X ▲X ■◪■◪■■■◪◪
Multi-
Unit (4+
units)◪■◪■◪■◪■◪■
Mixed-
Use
Dwelling ◪■◪■▨■◪■
Accessor
y
Dwelling
Unit
X ■X ■X ■X ■◪■◪■X ■X ■X ■X ■X ■X ■
X -Not Permitted in LUC ■-Administrative (BDR)
▲-Only if Affordable in LDC ◪-Public Hearing (Type 1) ▨-Public Hearing and
Neighborhood Meeting (Type 2)
Page 66
Item 3.
18
CONCERNS PRINCIPLES
Notification requirements were not
changed in the repealed code, but many
had concerns about notification
processes
Concern about removing requirements
for neighborhood meetings in housing
developments
Concern that fewer neighborhood
meetings and public hearings could
result in decreased opportunities for
community input
Questions about Development Review
process
Increase overall
housing capacity
Enable more
affordability
Improve
predictability of
the development
review process
Make the code
easier to use and
understand
Notification, Community Input, and Review Procedures
Page 67
Item 3.
19Interaction between the code and private covenants (HOAs)
CURRENT CODE REPEALED CODE CONCERNS PRINCIPLES
HOAs are currently prohibited
from creating or enforcing
provisions that
Prohibit or limit:
-The installation or use of
xeriscape landscaping
-The installation or use of
solar/photovoltaic collectors
on roofs
-The installation or use of
clothes lines in back yards
-The installation or use of odor
controlled compost bins
Or requiring:
-Turf grass yards/lots
Adds language that prohibits
HOAs from creating or
enforcing provisions that
Prohibit or limit:
-The City’s regulations to
implement its housing
policies, as supported by
the Housing Strategic
Plan
-Including but not limited
to provisions for
increased density, height
and occupancy
Questions asking whether
someone could now build an
ADU even if it is against their
HOA rules
Concern about legality of
preempting HOA restrictions
Concern that the code
updates improperly disregard
HOA rules
Increase overall
housing capacity
Enable more
affordability
Allow for more
diverse housing
choices that fit in
with the existing
context
Improve
predictability of
the development
review processPage 68
Item 3.
20Infrastructure and utilities (including parking)
CURRENT CODE REPEALED CODE CONCERNS PRINCIPLES
Increase overall
housing capacity
Enable more
affordability
Allow for more
diverse housing
choices that fit in
with the existing
context
Condition of and costs
associated with water,
sewer, roads, electricity, and
schools
Availability of street parking
if more people live in Fort
Collins
Questions about how the
code intersects with
transportation
planning/traffic
Ability to accommodate
more people, particularly
with regard to water
availability
Adequate public facilities
(APF) management system
ensures that public facilities
and services are available
concurrently with the
impacts of development
Includes:
•Transportation
•Water Utilities
•Electric Facilities
•Fire and Emergency
response
Public streets are
constructed to allow on-
street parking, and
development is required to
meet minimum parking
standards
•No changes to APF
criteria and regulations
•Public streets designed
to allow on-street parking
•Development required to
meet minimum parking
standards
o Reduction for studio,
one, and two bedroom
units
o Additional reduction
for affordable housing
Page 69
Item 3.
21Specific topics for additional engagement
Increased menu of
housing choices and
associated
regulations
Affordable housing
comments,
questions, and
suggestions
Size, height, form,
and allowed density
of specific housing
types
Notification,
community input, and
review procedures
for residential
development
Interaction between
the code and private
covenants
Infrastructure and
utilities
Page 70
Item 3.
Questions
2.Are there specific engagement topics missing that
Councilmembers would like to see included?
22
Page 71
Item 3.
Approach to Potential
Alternatives and Revisions
Page 72
Item 3.
24Approach to Revisions/Alternatives
Draft
Code
Options
Council
Direction
Concerns and
Suggestions
from
Engagement
Alignment with
Guiding
Principles
Analysis of
Tradeoffs
Page 73
Item 3.
25Approach to Revisions/Alternatives
Example: Increased menu of housing choices and associated regulations (ADUs)
Concerns from Engagement Potential Alternative Examples Analysis Required
Not enough parking to
accommodate more residents
Potential impact on
neighborhood, especially if
many ADUs are built
Potential to impact shading
and privacy of adjacent
properties
ADUs as short-term rentals
(STR)
Cost and feasibility to build
Consider requiring an off-street
parking space for ADUs
Review design requirements to
evaluate for compatibility with
neighborhood setting
Review design requirements to
evaluate for potential privacy and
shading issues
Explore limiting use of ADUs as
STR
Investigate possibility of pre-
approved ADU plans
Economic feasibility/tradeoffs of
additional parking requirements
Additional research into design
requirements and
graphics/visualization
Additional research into design
requirements and
graphics/visualization
Peer communities research;
legal review
Peer communities research
Page 74
Item 3.
Questions
3.Do Councilmembers support the proposed approach to exploration
of potential alternatives and revisions?
26
Page 75
Item 3.
Next Steps
Page 76
Item 3.
Next Steps 28
April and May: Community engagement events
May 23rd Work Session: Present feedback received so far and explore
potential code revisions and analysis of alternatives
July 25th Work Session: Present engagement summary, discuss code
revisions
August 22nd Work Session: Present draft code amendments
Page 77
Item 3.
Page 78
Item 3.