HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/07/2014 - SECOND READING OF ORDINANCE NO. 179, 2013, AMENDINAgenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY January 7, 2014
City Council
STAFF
Jessica Ping-Small, Revenue and Project Manager
SUBJECT
Second Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the
Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in
Associated Costs of Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 17, 2013, updates the City Code,
which requires an annual adjustment to certain building permit related fees. Capital Improvement
Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver-Boulder-
Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the
Engineering News Record (ENR). The CPI has increased 2.8% since its last adjustment and the ENR
has not increased.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 17, 2013 (PDF)
2. Ordinance No. 179, 2013 (PDF)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY December 17, 2013
City Council
STAFF
Jessica Ping-Small, Revenue and Project Manager
SUBJECT
First Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the
Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in
Associated Costs of Services.
EXECUTIVE SUMMARY
The purpose of this item is to update the City Code, which requires an annual adjustment to certain
building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are
to reflect the changes in the Denver-Boulder-Greeley Consumer Price Index (CPI). Street Oversizing
fees are adjusted by the changes posted in the Engineering News Record (ENR). The CPI has increased
2.8% since its last adjustment and the ENR has not increased.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In May 1996, Council adopted Ordinance No. 051, 1996, which established capital improvement
expansion fees for Community Parkland, Police, Fire, and General Government services. The purpose for
the fees is to have new development pay a proportionate share of the capital improvements and
equipment costs that will be necessary to provide services to the development. The Code provisions
approved by Ordinance No. 051, 1996, provide for the annual adjustment of the fees to keep up with
inflation, using the Denver-Boulder (now Denver-Boulder-Greeley) Consumer Price Index.
The City has imposed a Neighborhood Parkland fee for neighborhood parks since 1968. In August 1996,
Council adopted Ordinance No. 105, 1996, which aligned 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 have been adjusted for inflation in 1997-
2007, along with the Capital Improvement Expansion fees.
In 2013, Council adopted Ordinance No. 120, 2013, which updated the residential and commercial fees to
the current level of service. The residential fees were implemented at 100% effective October 3, 2013 and
the commercial fees were implemented in a phased approach at 60% in 2013, 80% in 2015 and 100% in
2016.
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 2.8% for 2014. This Ordinance adjusts the fee
schedules described in Chapters 7.5 and 23 of the City Code to account for inflation. In the Ordinance,
all amounts for the capital improvement expansion fees have been rounded to the nearest dollar.
ATTACHMENT 1
Agenda Item 11
Item # 11 Page 2
FINANCIAL / ECONOMIC IMPACT
Revenue Summary
Fee Type 2011 Actual 2012 Actual 2013 Forecast 2014 Budget
Capital Expansion Fees $ 1,326,962 $2,523,937 $3,140,781
$1,555,000
Neighborhood Parkland Fees $884,092 $1,655,835
$2,030,353
$950,000
Street Oversizing Fees $1,441,107 $ 3,294,063
$4,295,153
$2,501,400
Fund Balance Overview
1. Neighborhood Parkland Fees: Expenditures shall be made for approved purposes for the
acquisition, development and administration of neighborhood parks, including purchases of new
or replacement park site equipment and plantings.
Estimated Fund Balance as of 12/31/2013: $5,600,000
Offers Funded in 2013 Budget: $750,000
Offers Funded in 2014 Budget: $1,050,000
2. Community Parkland Fees: Expenditures shall be made for the acquisition, construction and
development of capital improvements related to the provision of community parklands.
Estimated Fund Balance as of 12/31/2013: $9,100,000
Offers Funded in the 2013 Budget: $1,270,000
3. Fire Protection Capital Improvement Expansion Fees: Expenditures shall be made for the
acquisition, construction and development of capital improvements related to the provision of fire
protection services to City residents, as described in the capital improvements plan for fire
protection.
Estimated Fund Balance as of 12/31/2013: $367,000. The balance is being used by PFA to
pay debt service on Station #4.
4. Police Capital Expansion Fees: Expenditures shall be made for the acquisition, construction and
development of capital improvements related to the provision of police services as described in
the capital improvements plan for police services.
Estimated Fund Balance as of 12/31/2013: $892,000. The balance is being used to pay debt
service on new Police Facility.
5. General Government Capital Expansion Fees: Expenditures shall be made for the purpose of
funding capital improvements related to the provision of general governmental services.
Estimated Fund Balance as of 12/31/2013: $6,553,000 of which $2,651,970 has been loaned
to the URA for RMII, leaving $2,651,970in liquid investments, it was not anticipated this
money would be needed before the loan will be repaid.
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ORDINANCE NO. 179, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO INCREASE THE
AMOUNTS OF THE CAPITAL IMPROVEMENT EXPANSION FEES
CONTAINED IN CHAPTER 7.5 OF THE CITY CODE SO AS TO REFLECT
INFLATION IN ASSOCIATED COSTS OF SERVICES
WHEREAS, the City 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’s comprehensive plan shows that the rate of future growth and
development in Fort Collins will require a substantial expansion in 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 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 has adopted Ordinance No. 051,
1996, establishing certain capital improvement expansion fees; and
WHEREAS, City Code Section 7.5-18 provides for annual adjustment in all capital
improvement expansion fees for inflation, corresponding to the increases reflected in the Denver-
Boulder-Greeley Consumer Price Index for all urban consumers; and
WHEREAS, in September 1968, the City Council adopted Ordinance No. 038, 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. 082, 1993, the City
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, based on the Bureau of Labor Statistics’ most recent Denver-Boulder-
Greeley Consumer Price index for all urban consumers, staff anticipates the Index will reflect an
inflation increase of 2.8 percent since the last annual adjustment, effective January 1, 2014; and
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WHEREAS, the City has historically used the Engineering News Record as a reference to
determine whether the Street Oversizing Capital Improvement Expansion Fee should be
increased to account for rising construction costs; and
WHEREAS, based on the Engineering News record, the cost of constructing street
improvements has not increased since the last adjustment of the Street Oversizing Capital
Improvement Expansion Fee; and
WHEREAS, for the foregoing reasons, the City Council has determined that it is
necessary in the interests of the protection of the public health, safety and welfare, that the
Capital Improvement Expansion Fees, including the Neighborhood Parkland Fee, be increased.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS AS FOLLOWS:
Section 1. That the fee schedule in Section 7.5-28(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 $1,029.00
701 to 1,200 sq. ft. 1,321.00
1,201 to 1,700 sq. ft. 1,459.00
1,701 to 2,200 sq. ft. 1,520.00
2,201 sq. ft. and over 1,628.00
Section 2. 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 $ 132.00
701 to 1,200 sq. ft. 167.00
1,201 to 1,700 sq. ft. 185.00
1,701 to 2,200 sq. ft. 192.00
2,201 sq. ft. and over 206.00
Commercial buildings
(per 1,000 sq ft.)
158.00
Industrial buildings
(per 1,000 sq. ft.)
38.00
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Section 3. 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 $262.00
701 to 1,200 sq. ft. 415.00
1,201 to 1,700 sq. ft. 369.00
1,701 to 2,200 sq. ft. 383.00
2,201 sq. ft. and over 411.00
Commercial buildings
(per 1,000 sq ft.)
317.00
Industrial buildings
(per 1,000 sq. ft.)
75.00
Section 4. 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 $308.00
701 to 1,200 sq. ft. 395.00
1,201 to 1,700 sq. ft. 435.00
1,701 to 2,200 sq. ft. 455.00
2,201 sq. ft. and over 488.00
Commercial buildings
(per 1,000 sq ft.)
750.00
Industrial buildings
(per 1,000 sq. ft.)
176.00
Section 5. That the fee schedule in Section 7.5-71(b) of the Code of the City of Fort
Collins, establishing the Neighborhood Parkland Fee, is hereby amended to read as follows:
700 sq. ft. and under $1,214.00
701 to 1,200 sq. ft. 1,557.00
1,201 to 1,700 sq. ft. 1,721.00
1,701 to 2,200 sq. ft. 1,793.00
2,201 sq. ft. and over 1,920.00
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Introduced, considered favorably on first reading, and ordered published this 17th day of
December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D.
2014.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of January, A.D. 2014.
Mayor
ATTEST:
City Clerk