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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/05/2002 - FIRST READING OF ORDINANCE NO. 165, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 31 FORT COLLINS CITY COUNCIL DATE: November 5, 2002 STAFF: Alan Krcmarik SUBJECT: First Reading of Ordinance No. 165, 2002, Amending the City Code to Adjust the Capital Improvement Expansion and Neighborhood Parkland Fees to Reflect Inflation in Associated Costs of Services. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The Capital Improvement Expansion Fee section of the Code requires annual adjustments for inflation. Assuming construction activity remains the same, the proposed Neighborhood Parkland Fees will increase total revenue by approximately$27,000 in 2003 and the proposed changes to the Capital Improvement Expansion Fees will increase revenue by approximately $68,000. The proposed fees will increase the cost of a building permit approximately $64 for an average size house, and $89 for larger homes. EXECUTIVE SUMMARY: Ordinance No. 165, 2002, increases the fee schedules for the Capital Improvement Expansion Fees and Neighborhood Parkland Fee based upon the projected change in the 2002 Denver-Boulder- Greeley Consumer Price Index. Costs in the Capital Improvement Expansion Fees ("CIEF) Study and the fee schedule for the Neighborhood Parkland Fees were calculated using costs from 1995. The relevant goveming provisions of the City Code call for increases to keep up with annual inflation, and the fees were last adjusted in late 2001. This ordinance increases the CLEF and the Neighborhood Parkland Fees by the projected increase in the CPI-U of 2.10%. BACKGROUND: In May of 1996, Council adopted Ordinance No. 51, 1996, which established Capital Improvement Expansion Fees for library,community parkland,police,fire,and general government services.The purpose of the fees is to have new development pay a proportionate share of the capital improvements and equipment that will be necessary to provide services to the development. The Code provisions approved by that Ordinance provide for the annual adjustment of the fees to keep up with inflation,using the Denver-Boulder(now Denver-Boulder-Greeley)Consumer Price Index. DATE: ITEM NUMBER: 31 The City has imposed an impact fee for neighborhood parks since 1968. In August of 1996,Council adopted Ordinance No. 105, 1996,which conformed the Neighborhood Parkland Fee to the housing size differentials in the Capital Improvement Expansion Fee ordinance,and updated the fee schedule to reflect pre-1996 inflation. The Neighborhood Parkland Fees were adjusted for inflation in 1997- 2001, along with the Capital Improvement Expansion Fees. Based on the Denver-Boulder-Greeley Consumer Price Index for all urban consumers, the inflation level since the last annual adjustment is an increase of 2.10%a. This Ordinance adjusts the fee schedules in Chapter 7.5 and Chapter 23 of the Code to this level of inflation In the Ordinance, all amounts for the Capital Improvement Expansion Fees have been rounded to the nearest dollar. • ORDINANCE NO. 165, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO ADJUST THE CAPITAL IMPROVEMENT EXPANSION AND NEIGHBORHOOD PARKLAND FEES TO REFLECT INFLATION IN ASSOCIATED COSTS OF SERVICES WHEREAS,the City of Fort Collins is a home rule municipality having the full right of self- government in local and municipal matters under the provisions of Article XX, Section 6 of the Colorado Constitution; and WHEREAS, among the home rule powers of the City is the power to regulate, as a matter of purely local concern, the development of real property within the City; and WHEREAS, the City of Fort Collins Comprehensive Plan shows that the rate of future growth and development in Fort Collins will require a substantial expansion in capital library, . community park, police, fire, and general government facilities, and related capital equipment, if its level of service standards for such facilities are to be maintained; and WHEREAS, the City Council has determined that future growth and new development should contribute its proportionate share of providing such capital improvements; and WHEREAS,the City Council has broad legislative discretion in determining the appropriate funding mechanisms for financing the construction of public facilities in the City; and WHEREAS, based on the foregoing, the City Council adopted Ordinance No. 51, 1996, establishing certain capital improvement expansion fees; and WHEREAS, City Code Section 7.5-18 provides for annual fee increases in the capital improvement expansion fees corresponding to the increases in the Denver-Boulder-Greeley Consumer Price Index for all urban consumers; and WHEREAS, in September, 1968, Council adopted Ordinance No. 38, 1968, which established the original Neighborhood Parkland Fee to fund the acquisition and development of parkland, which ordinance has since been amended on several occasions to adjust the fee and to refine related procedures and requirements; and WHEREAS, with the adoption in August, 1993, of Ordinance No. 82, 1993, the Council directed the City Manager to annually review the Neighborhood Parkland Fee and submit to the Council proposed inflation-related increases based on the Denver-Boulder-Greeley Consumer Price Index; and WHEREAS, on August 20, 1996, Council adopted Ordinance No. 105, 1996, which conformed the Neighborhood Parkland Fee to the housing size differentials in the Capital Improvement Expansion Fee ordinance, and updated the amount of the fee to reflect pre-1996 inflation; and WHEREAS, the Code and ordinances of the City authorize the annual adjustment of all Capital Improvement Expansion Fees, including the Neighborhood Parkland Fee, for inflation; and WHEREAS, in July, 1998, the Council approved the adjustment of the Library Capital Improvement Expansion Fee for the increased level of Library Services associated with the addition of the Harmony Library with the adoption of Ordinance No. 121, 1998; and WHEREAS, in November 1998, the Council adopted Ordinance No. 205, 1998, adjusting the Capital Improvement Expansion Fees, including the Neighborhood Parkland Fee, for inflation from 1997, effective January 1, 1999; and WHEREAS, in November 1999, the Council adopted Ordinance No. 171, 1999, adjusting the Capital Improvement Expansion Fees, including the Neighborhood Parkland Fee, for inflation from 1998, effective January 1, 2000; and WHEREAS, in June 2000, the Council adopted Ordinance No. 58, 2000, adjusting the Community Parkland Capital Improvement Expansion Fee and the Neighborhood Parkland Fee to compensate for the increase in the cost of raw water; and WHEREAS, in November 2000, the Council adopted Ordinance No. 155, 2000, adjusting the Capital Improvement Expansion Fees, including the Neighborhood Parkland Fee, for inflation from 1999, effective January 1, 2000; and WHEREAS, in January 2001, the Council adopted Ordinance No. 190, 2000, adjusting the Street Oversizing Capital Improvement Expansion Fees for increases in the cost of street construction and adjustments for the number of trips generated by various land uses; and WHEREAS,in September 2001,the City of Fort Collins Water Utility increased the cost of raw water to$6,500 per acre-foot of water from$3,000 per acre foot; and WHEREAS, in November 2001, the Council adopted Ordinance No. 191, 2001, adjusting the Capital Improvement Expansion Fees, including the Neighborhood Parkland Fee, for inflation from 1999,effective January 1, 2000; and WHEREAS,based on the Bureau of Labor Statistics most recent Denver-Boulder-Greeley Consumer Price Index for all urban consumers, staff projects that the Index will reflect an inflation increase of 2.10 percent since the last annual adjustment of the fees in 2001. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: • Section 1. That the fee schedule in Section 7.5-27(a)of the Code of the City of Fort Collins, establishing the Library Capital Improvement Expansion Fee,is hereby amended to read as follows: 700 sq. ft and under $ 250-66 $ 255.00 701 to 12,00 sq. ft. 355.66 36100 1,201 to 1,700 sq. ft. -4i:7.06 425 00 1,701 to 2,200 sq. ft. -488.00 489.00 2,201 sq. ft. and over 584.00 5y5,0p Section 2. That the fee schedule in Section 7.5-28(a) of the Code of the City of Fort Collins, establishing the Community Parkland Capital Improvement Expansion Fee, is hereby amended to read as follows: 700 sq. ft and under $-834.00 $; 950;00 701 to 1,200 sq. ft. t-1H.00 1,204.00 1,201 to 1,700 sq. ft. f'391-66 I';4I;6,00 1,701 to 2,200 sq. ft. i,599.66 1,629.00 2,201 sq. ft. and over i,949-60 $,983,£I61 Section 3. That the fee schedule in Section 7.5-29(a) of the Code of the City of Fort Collins, establishing the Police Capital Improvement Expansion Fee, is hereby amended to read as follows: • 700 sq. ft and under $-62.66 i 701 to 1,200 sq. ft. - lI8 06 $ El 1,201 to 1,700 sq. ft. -t63.06 1Q Qp 1,701 to 2,200 sq. ft. -}H.00 t21 Qp 2,201 sq. ft. and over 144.60 147.00 Commercial buildings (per 1,000 square feet) 127-66 Industrial buildings (per 1,000 square feet) -34.60 Section 4. That the fee schedule in Section 7.5-30(a) of the Code of the City of Fort Collins, establishing the Fire Protection Capital Improvement Expansion Fee, is hereby amended to read as follows: 700 sq. ft and under $--96:66 701 to 1,200 sq. ft. —H7.86 1,201 to 1,700 sq. ft. 149.60 1,701 to 2,200 sq. ft. - H2.60 2,201 sq. ft. and over -269.60 Commercial buildings (per 1,000 square feet) —i8$-69 188.00 Industrial buildings (per 1,000 square feet) 508 52..00 Section 5. That the fee schedule in Section 7.5-31(a) of the Code of the City of Fort Collins, establishing the General Government Capital Improvement Expansion Fee, is hereby amended to read as follows: 700 sq. ft and under 5 i 1.99 S 116.€0 701 to 1,200 sq. ft. —16i.09 164.00 1,201 to 1,700 sq. ft. —H9..96 193,00 1,701 to 2,200 sq. ft. H8-00 2,201 sq. ft. and over 265.00 Commercial buildings (per 1,000 square feet) 205.00 Industrial buildings (per 1,000 square feet) —59-66 58.00 Section 6. That Section 7.5-7 t(b) of the Code of the City of Fort Collins, regarding the Neighborhood Parkland Fee is hereby amended to read as follows: Sec. 7.5-71. Collection of neighborhood parkland fee. (b) The amount of the fee established in this Section shall be determined for each dwelling unit as follows: 700 sq. ft. and under 96 aCx Q0 701 to 1,200 sq. ft. i,062.00 1,201 to 1,700 sq. ft. —f,i49.80 1,701 to 2,200 sq. ft. —1,436.66 2,201 sq. ft. and over —1,:M9.00 Section 7. That the fee adjustments imposed under this Ordinance shall be applicable to all building permits issued on or after January 1, 2003. • Introduced, considered favorably on first reading, and ordered published this 5th day of November, A.D. 2002, and to be presented for final passage on the 19th day of November, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of November, A.D. 2002. Mayor ATTEST: City Clerk •