HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/08/2005 - SOUTHWEST ANNEXATION DATE: November8, 2005 STUDY SESSION ITEM
STAFF: Cameron Gloss FORT COLLINS CITY COUNCIL
SUBJECT FOR DISCUSSION
Southwest Annexation.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Which of the proposed methods to reduce impacts to area property owners and residents are
supported by City Council?
BACKGROUND
At its work session on May 24, 2005, the City Council directed staff to provide additional
information regarding the short- and long-term financial impacts to the City as a result of
annexation,and the development of options to reduce impacts to area property owners and residents.
Graphs have been prepared (Attachments 1 & 2) showing the financial "break-even point" for the
annexation,based on slow-growth and high-growth redevelopment scenarios.A matrix(Attachment
3) has been included that summarizes staff s recommendations specifically related to utility fees,
use regulations, and the sign code.
Since the time of the last City Council work session on May 24, 2005, an additional Neighborhood
Meeting was hosted by District 4 Councilman Kurt Kastein at the Harmony Branch Library on
August 24, 2005. Mayor Hutchinson, Councilmembers Diggs Brown and Karen Weitkanut, and
several staff members,were present. More than 40 area property owners and residents attended.
FINANCIAL IMPACT SUMMARY
As has been discussed in several previous City Council work sessions, short-term revenues
generated from the annexation area from taxes and fees are relatively minimal. There are 108
businesses in the annexation area. Of those 108,40 are licensed and collecting city tax on deliveries
made into the city(the largest vendor is Tynan's Nissan who is licensed and collects city tax on auto
sales for Fort Collins residents). Based on sales tax data from the Colorado Department of Revenue
these vendors would generate an anticipated$343,225 per year,$254,453 of which could be applied
to the General Fund.
There are approximately 1,324 identified parcels in the prospective annexation area. 975 are
residential units, primary single family houses, and there are about 105 mobile homes. There are
a few exempt properties, some personal property tax accounts, 93 commercial and some
homeowner's associations. The projected property ax to the City from the entire area is minimal -
about $265,000 per year. The first phase, the South College frontage area, will generate
approximately$71,000 in property tax.
November 8, 2005 Page 2
Lon -tg erm revenues are tied primarily to fees collected at the time of building permit issuance, i.e.-
fees for Plan Review and Inspection, Street Oversizing, Capital Expansion, Storm Drainage Basin
Expansion and Parkland acquisition.
As with most development of cities and towns,the ability to pay from area-derived revenue sources
lags behind service impacts.Past experience in Fort Collins and many other communities has shown
that the best financial approach would be to annex as soon as possible to start the flow of revenue.
Significant delay causes the revenue to get further behind the demand for service. To minimize the
gap between revenues and expenditures, the City should annex as quickly as possible to take
advantage of fees and revenues created by new development and redevelopment.
If, for example, the City were to postpone the Southwest Annexation for ten years, there could be
a significant loss in sales tax revenue and fees associated with infill and redevelopment
opportunities. For the entire annexation area, the loss in sales/use tax and property taxes alone
would be estimated between$11.8 and$28.8 million over the next ten years depending upon the rate
and intensity of change. These revenue projections vary greatly due to the uncertainty of future
growth.The low end number represents a slow, steady increase of retail sales in the area,where the
high end was modeled with the assumption that one major"big box"retailer would be added to the
annexation area five from years from now.
SUMMARY OF KEY IMPACTS TO OWNERS/RESIDENTS AND POTENTIAL
MITIGATION OPTIONS
Electric Utility Service Rights Fees/Loss of Capital Credits
Background
When an area annexes to the City, the Fort Collins Electric Utility (FCU) is then authorized and
required to transfer provision of electric service from Poudre Valley Rural Electric Authority
(PVREA). This transfer will not occur at the time of annexation, but will take a period of time to
accomplish. In most cases, it is anticipated that the transfer will be completed within 2-3 years.
Several years ago, a state law was passed that requires municipal utilities to pay to REA a fee of
25% of each existing customer's monthly bill for a period of 10 years from the date of service
transfer.This fee,officially known as the services rights fee,is commonly referred to as the"transfer
fee". Any new customer within a transferred area that comes on the municipal system after the
transfer of power, but before the end of the 10 year period, is required to pay a 5% fee for the
remainder of the 10 year period. This 25% or 5% fee is added to the customer's monthly FCU bill,
and then the City forwards that portion to REA.The 10 year clock in both instances starts at the time
the electric service is transferred to FCU,NOT the date of the annexation.This means for example,
that if a new customer within an annexed area is added to the FCU system 9 years after the annexed
area was transferred from REA to FCU, that customer would have 5% added on their monthly
electric bill for the 1 year that remains on the 10 year clock. There are no charges to customers to
actually make the transfer of power.
In the Southwest Annexation area, approximately 1,100 residential customers and 91 commercial
customers would be transferred from PVREA and 100 from Xcel. Given the mandatory transfer fee
and the lower electric rates the City charges, an "average" household currently with REA service
that would use 700 kwh of electricity per month would pay an additional$1.94 per month based on
November 8, 2005 Page 3
current rates. After ten years, the customer would pay $10.17 less per month within the City vs.
REA based on present rates (see highlighted bar on Attachment 4).
There is no provision in the City Code to waive or defer the electric transfer fee. In order for a
waiver or deferral, the City Code would have to be changed. The fees are required to be passed on
to the City's electric customers. Each rate schedule contains a clause the same as the one in the
residential schedule found in Section 26-464(h) on pp. 1791-2 of the City Code.
In addition to the 10-year transfer fee, PVREA members brought onto FCU service will no longer
gain capital credits. Under the PVREA program, each member/consumer can potentially receive
capital credits annually. Capital credits are payable when the board of directors of REA determine
that they have met the financial conditions of their loan agreements and that cash reserves are
adequate. PVREA pays capital credits on a first-in, first-out, rotating basis.
Eliminating the fee in its entirety would cost the City an estimated $224,837 per year(about 0.3%
of our total utility operating revenue).
Potential Options:
Staff has been evaluating the various options available to reduce the impact of the Service Rights
Fee (SRF) to former PVREA electric customers within the annexation area. As can be seen in the
attached chart(Attachment 4)there are a wide range of options, all the way from the new customer
paying the entire 25%SRF,as is our present code requirement,to the distribution of the SRF to City
utility ratepayers. hi addition to these two options,the chart also shows the impact to customers if
lesser amounts of subsidy-5%, 10%, 15%, and 20% -are provided.
• Using the"average"700kWh residential customer as an example,a 5%subsidy
of the SRF would result in a lower monthly utility charge for customers than
under PVREA service.
• Many businesses within the annexation area would also benefit from lower City
electric utility rates. All customers using more than 8,000 kWh would have a
lower monthly FCU utility bill than that same customer served by PVREA.
• While most electric customers will see a reduction in monthly utility bills,those
smaller businesses and residences that use less energy will be most impacted by
the SRF.
There are a series of factors that come into play with the evaluation of the options:
1. Fairness-How much of the cost should be borne by property owners within the annexation
area versus existing FCU ratepayers?
2. Consistency - Will the ultimate resolution of the SRF issue set a precedent for future
annexations?
3. Impact to Economic Development- Consideration of different electric rates geared toward
lessening impacts to existing small businesses.
November 8, 2005 Page 4
Staff sees four options:
Option 1 - Full Charge - Annexed customers pay 100% of the SRF
Option 2 - Full Subsidy- 100% of SRF is spread throughout all FC utility customers
Option 3 - Partial Subsidy -Fixed Percentage- A portion of the SRF is paid by all FC utility
customers
Option 4 - Partial Subsidy — Sliding Scale- New customers pay a lower % of SRF basedon
amount of energy used.
Option 1 Full Charge
Pros: Most equitable to existing customers; Cons: Greatest financial burden to new
Consistent with past annexations. customers of all options;
Creates additional monthly costs for
some small businesses/residences for
ten years.
Option 2 Full Subsidy
Pros: Annexed property owners benefit Cons: Existing customers subsidize new
from reduced monthly electric bills. customers for 10 years;
Not consistent with past annexations
Option 3 Partial Subsidy-Fixed Percentage (e.g:5, 10, 15, 20% subsidy)
Pros: Helps to reduce the financial burden Cons: Relies on some subsidy from existing
for new users; customers;
Splits financial burden between new/ Creates additional utility billing
existing customers complexity for FC Utilities.
Options 4 Partial Subsidy-Sliding Scale
Pros: Ensures that small businesses/ Cons: Relies on some subsidy from existing
residences will have lower utility bills customers;
upon annexation. Creates greater utility billing setup
costs.
Stormwater Utility Fees
The City collects monthly stormwater utility fees from all property owners within the city limits.
Within the annexation area, on an"average"size lot 8,600 square feet,residential property owners
could expect a monthly stormwater fee of$14.26. Commercial property owners pay considerably
more due to greater building coverage and paved areas. Properties along the Kel-Mar subdivision,
for example,would pay a stormwater fee of approximately$134 per month. The stormwater utility
fees go toward flood control projects addressing regional drainage problems, culverts, cross pans,
swales, open channels and more localized drainage issues. The fee also pays for floodplain
regulation, improvements to water quality and administration of the stormwater program.
November 8, 2005 Page 5
Stormwater utility fees are determined based upon the size of parcel(s) and the relative amount of
paving, buildings, and other impervious surfaces present. In cases where lots are much larger than
the city average, as are many of the residential properties within the Southwest Enclave, fees are
adjusted downward by the stormwater utility to more accurately represent the true amount of water
runoff. City staff has completed the stormwater fee impact analysis for some of the large-lot
subdivisions and commercial properties within the annexation area, but not for all properties.
The City Code makes no provision to exempt properties from the stormwater utility fee except for
roadways and utility rights-of-way.
Potential Options
Staff sees two potential options for implementing stormwater utility fees:Option 1-Collection of the
entire monthly fee upon annexation; and Option 2- Phasing-in the fee over a 5-year period. If
stormwater fees were to be phased-in, staff proposes that this take place over a five year period
based upon the following schedule:
1. 20%during the 1 st year;
2. 40%the 2nd year;
3. 60%the 3rd year;
4. 80%the 4th year; and
5. 100% starting the 5th year.
Option 1- Full Payment
Pros: Consistent with past annexations; Cons: Immediate monthly costs to business
Most equitable to existing ratepayers and residents
Option 2-Five Year Phase-In
Pros: Helps City recover a portion of costs Cons: Not as equitable to existing ratepayers
to provide stormwater services
More Restrictive City Regulations
Electric and Barbed Wire fences
The Land Use Code prohibits electric fences and also does not permit barbed wire fences within
residential areas.
Based on surveys of the annexation area, it appears that most existing barbed wire and electric
fences, and the areas with the highest concentration of livestock, are projected to be within the
proposed Rural Lands (RUL) zone district.
To address this issue, staff is proposing that the RUL zone district include a provision for electric
and barbed wire fences in cases where they are used to control livestock.
November 8, 2005 Page 6
Animal Regulations
Staff is not aware of situations where the number of horses within the enclave exceeds the maximum
number permitted, but this issue can readily be addressed. If the additional horses are legal under
present County regulations,the City may add a provision in the annexation ordinance for the horses
to be "grandfathered." Such language was included in the recent S. Taft Hill Seventh Enclave
Annexation ordinance.
The only known regulatory conflict with respect to the City's animal regulations relates to wild
animals housed at the Larimer County Humane Society located at 6317 Kyle Avenue. Possession
and feeding of certain wild animals is expressly prohibited within the city limits.This conflicts with
the growing needs of the Humane Society to care for and rehabilitate wild animals. To address this
conflict, he staff proposes a revision to Section 4-73 of the City Code exempting the Humane
Society and similar public or quasi-public agencies from the wild or exotic animal restrictions.
STAFF RECOMMENDATION
City staff recommends that City Council direct staff to prepare changes to the appropriate City Code
sections, and make applicable provisions within the annexation ordinance, aimed at reducing the
financial burden on area property owners and residents and making a smoother transition to the
City's jurisdiction.
Revised Public Review Schedule
January 3, 2006 City Council Initiating Resolution of the Annexation Ordinance
January 19, 2006 Planning and Zoning Board Hearing
February 7, 2006 City Council Annexation Ordinance 1 st Reading
ATTACHMENTS
1. Phase I-South College Frontage-Revenue/Expenditure Graph
2. Full Annexation-Revenue/Expenditure Graph
3. Matrix summarizing financial and regulatory impacts to area property owners and proposed
mitigation measures.
4. 2005 Residential and Commercial Electric Rate Options with monthly impacts
Phase I Annexation South College
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( Low Growth Scenario ) ( High Growth Scenario )
Southwest Annexation
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Proposed Impact Mitigation Measures
10-28 - 05
City Fee/Regulation Present City Requirements Proposed Mitigation Measure Implementation
Electric Service Rights Fee Customer pays 25 % monthly Staff is considering 4 different options , taking City Code
(SRF) electric SRF that is the following factors into account: Amendment
transferred to REA for a 1 ) Full Charge; 2) Full Subsidy; 3 ) Partial
period of 10 years after Subsidy at a Fixed % (5 -20%) ; and 4) Partial
electric utility conversion Subsidy on a Sliding Scale based on Energy
Use.
Stormwater Utility Fee Customer pays monthly Option to phase-in stormwater utility fee over City Code
stormwater utility fee a five year period Amendment
Permanent Non-Conforming Permanent on- on ormmg Extend the amortization provisions by 2 01W Land Use Code
Signs Signs must be brought into years, requiring all signs to be brought into Amendment
compliance within 5 years of compliance within 7 years of annexation
annexation
Electric & Barbed Wire Electric fences are Modify code to permit electric and barbed Land Use Code
Fences prohibited; Barbed wire wire fences within the new RUL when used to Amendment
fences prohibited in control livestock.
residential areas
Horses 1/2of pasture of lot area is If additional horses have been legally Annexation Ordinance
required per horse (virtually established under County jurisdiction, the provision allowing the
matches County same number of horses would be "grandfathering" of a
requirements) "grandfathered". non-conforming
number of horses
Wild Animals Possession and feeding of Special code provision exempting the City Code
wild animals is prohibited Humane Society to care for wild animals Amendment
Residential Rate Comparison - 2005 Electric Rates
City of City Plus 5% City Plus City Plus City Plus City Plus
kWh per Poudre Valley Fort Service Rights 10% Service 15% Service 20% Service 25% Service
Month REA Collins Fee Rights Fee Rights Fee Rights Fee Rights Fee
500 $ 44 .40 $ 35.71 $ 37 . 50 $39 .28 $41 .07 $42 . 85 $44.64
600 $ 51 . 70 $ 42 .07 $ 44 . 17 $46 .28 $48.38 $50 .49 $52.59
700 $ 58 ,60 $ 48,43 $ 50 ,85 $53,27 $55,70 $58, 12 $60 ,54
800 $ 65 . 50 $ 54.79 $ 57 . 53 $60 .27 $63.01 $65 . 75 $68.49
900 $ 72 .40 $ 61 . 15 $ 64 .21 $67 .27 $70.32 $73 . 38 $76.44
1000 $ 79 . 30 $ 67.51 $ 70 . 89 74 .261 $77.64 $81 . 01 $84.39
1100 $ 86 .20 $ 73.87 $ 77 . 56 $81 .26 $84.95 $88 . 651 $92. 34
1200 $ 92 . 70 $ 80.23 $ 84 .24 $88 .25 $92 .27 $96 . 281 $ 100.29
1300 $ 99 .20 $ 86.59 $ 90 . 92 $95 .25 $99.58 $ 103 .911 $ 108.24
= avg . residential customer monthly usage
= City rate lower than PVREA rate
= City rate higher than PVREA rate
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2005 Small Commercial Electric Rates
Avg KW per
Month City Plus 5% City Plus City Plus City Plus City Plus
Typical Customer Type kWh per (Based on Poudre City of Fort Service 10% Service 15% Service 20% Service 25% Service
Month Current Valley REA Collins Rights Fee Rights Fee Rights Fee Rights Fee Rights Fee
Customer
Averages)
11000 6.84 $ 87.00 $ 77.74 $ 81 .63 $85.51 $89.40 $93.29 $97. 18
21000 10.22 $ 159.00 $ 152.47 $ 160.09 $ 167.72 $ 175.34 $ 182 .96 $ 190 .59
31000 13.23 $ 231 .00 $ 205.36 $ 215.63 $225.90 $236. 17 $246.44 $256.71
Appliance Retail Store 41000 16.51 $ 303.00 $ 258.26 $ 271 . 17 $284.08 $297 .00 $309.91 $322 .82
53000 18.88 $ 375.00 $ 311 . 15 $ 326.71 $342.27 $357.831 $373.38 $388.94
Tire Sales/Installation 61000 21 .41 $ 447.00 $ 368.94 $ 387.39 $405.84 $424.29 $442 .73 $461 . 18
71000 24.34 $ 519.00 $ 421 .84 $ 442.93 $464.02 $485. 11 $506.21 $527.30
81000 25.56 $ 591 .00 $ 456.34 $ 479. 16 $501 .98 $524.79 $547.61 $570 .43
91000 29.89 $ 663.00 $ 521 .00 $ 547.05 $573. 10 $599. 15 $625.20 $651 .25
10,000 32.78 $ 735.00 $ 575.30 $ 604.07 $632.83 $661 .60 $690 .36 $719. 13
11 ,000 32.90 $ 807.00 $ 609.66 $ 640. 14 $670.63 $701 . 11 $731 .591 $762 .08
12,000 37. 12 $ 879.00 $ 673.53 $ 707.21 $740.88 $774.56 $808.23 $841 .91
133000 37.33 $ 951 .00 $ 708.54 $ 743.96 $779.39 $814.82 $850.24 $885.67
143000 41 .85 $ 13278.90 $ 778.93 $ 817.88 $856.83 $895.77 $934.72 $973.66
153000 41 .51 $ 13323.64 $ 809.98 $ 850.48 $890.98 $931 .48 $971 .98 $17012 .48
163000 44.47 $ 13414.58 $ 864.78 $ 908.02 $951 .26 $994.50 $1 ,037 .74 $17080 .98
173000 45.81 $ 13482.84 $ 907.92 $ 953.32 $998.71 $1 ,044 . 11 $1 ,089.51 $17134 .90
183000 48.64 $ 13571 .96 $ 961 .79 $ 13009.88 $1 ,057.96 $1 , 106 .05 $15154. 14 $1 ,202 .23
193000 46.69 $ 13594. 16 $ 981 .25 $ 13030.31 $1 ,079.37 $15128 .43 $15177.50 $11226 .56
203000 57.4 $ 13793.37 $ 13091 .71 $ 13146.29 $17200.88 $17255.46 $17310.05 $17364 .63
21 ,000 60 .9 $ 13892.03 $ 12153.33 $ 11211 .00 $17268.67 $17326 .33 $17384.00 $17441 .67
22,000 65.2 $ 23002.23 $ 12198.68 $ 11258.61 $17318.55 $17378 .48 $17438.41 $17498 .35
Convenience Store/Service 23,000 69.3 $ 23109.26 $ 13283.03 $ 1 ,347. 18 $17411 .33 $17475.49 $17539.64 $17603 .79
Station , Surplus Store 24,000 72 . 1 $ 23196.74 $ 12346. 14 $ 13413.45 $17480 .76 $17548 .06 $17615.37 $17682 .68
25,000 74.8 $ 23284.06 $ 12416.24 $ 13487.05 $17557 .86 $17628 .67 $17699.48 $17770 .30
263000 76.6 $ 23358.98 $ 12482.20 $ 13556.31 $17630 .42 $17704 .53 $17778.64 $17852 .75
273000 79.2 $ 23445.73 $ 13522.27 $ 11598.38 $15674 .49 $17750.61 $17826.72 $17902 .83
Applebee's , Ruby
Restaurants Ruby
283000 80.6 $ 23514.60 $ 12591 .02 $ 13670.57 $15750 . 12 $17829.67 $17909.22 $17988 .77
Tuesday, Moot House) 29,000 82.8 $ 23595. 17 $ 1 ,626.50 $ 13707.82 $15789. 15 $17870.47 $17951 .79 $27033 . 12
303000 87.4 $ 23708.36 $ 13717.03 $ 13802.88 $15888.73 $17974 .58 $27060 .43 $27146 .28
313000 88.2 $ 23769.95 $ 13775.60 $ 13864.38 $15953. 16 $25041 .94 $27130 .72 $27219 .50
323000 89.6 $ 23838.02 $ 13813.00 $ 13903.65 $15994 .30 $25084 .95 $27175.60 $27266 .25
333000 92.5 $ 23928.80 $ 13872.04 $ 13965.64 $25059 .24 $25152.84 $2,246 .44 $27340 .05
343000 93.9 $ 23997.72 $ 13916.59 $ 23012.42 $2, 108 .25 $2,204.08 $2,299 .91 $27395.74
353000 95.8 $ 33073.52 $ 13978.04 $ 23076.94 $25175.84 $2,274.74 $2,373 .64 $27472 .55
363000 97.2 $ 33143.39 $ 23041 .02 $ 23143.07 $2,245. 12 $2,347 . 17 $2,449 .23 $27551 .28
373000 98.3 $ 33207.66 $ 23070.40 $ 23173.92 $27277.44 $27380.96 $27484 .48 $27588 .00
38,000 102 .3 $ 32313.21 $ 22115.59 $ 21221 .37 $27327. 15 $27432.93 $27538 .71 $27644 .49
39,000 106.0 $ 3,414.99 $ 22183.40 $ 21292.57 $27401 .74 $27510 .91 $27620.08 $27729 .25
Auto Dealership 40,000 107.4 $ 33484.02 $ 23260.49 $ 23373.51 $27486 .54 $27599 .56 $27712 .59 $27825.61
41 ,000 110 .7 $ 33579.79 $ 23279.32 $ 23393.28 $27507.25 $27621 .21 $27735. 18 $27849 . 15
42,000 116.0 $ 33703.02 $ 23336.79 $ 23453.63 $27570.47 $27687 .31 $27804. 15 $27920 .99
433000 117.9 $ 33778.61 $ 23390.76 $ 21510.30 $27629.84 $27749 .37 $27868.91 $27988 .45
443000 117.9 $ 33828.72 $ 23433.89 $ 23555.58 $27677.28 $27798 .97 $27920.67 $37042 .36
452000 119.7 $ 33902.66 $ 23493.29 $ 23617.95 $27742.62 $27867.28 $27991 .95 $37116 .61
463000 122.8 $ 33996.75 $ 23559.28 $ 22687.25 $25815.21 $27943 . 17 $37071 . 14 $37199 . 10
473000 125.3 $ 43080.62 $ 22677.50 $ 23811 .38 $25945.25 $37079 . 13 $37213 .01 $37346 .88
483000 129.6 $ 43190.88 $ 22701 .82 $ 23836.91 $25972 .00 $37107.09 $37242. 18 $37377 .27
493000 132.6 $ 43281 .67 $ 23837.91 $ 23979.81 $35121 .70 $37263.60 $37405.49 $37547 .39
503000 130. 1 $ 43296.89 $ 23875.93 $ 33019.72 $3, 163 .52 $35307 .32 $37451 . 11 $37594 .91
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