HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/17/2015 - FIRST READING OF ORDINANCE NO. 148, 2015, AMENDINGAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY November 17, 2015
City Council
STAFF
Tiana Smith, Revenue and Project Manager
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No. 148, 2015, 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.
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 1.0% since its last
adjustment and the ENR has not changed significantly enough to warrant an adjustment. These increases will
go into effect on January 1, 2016.
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 new 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 October, 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 1.0% for 2016. This Ordinance adjusts the fee schedules
described in Chapter 7.5 of the City Code to account for inflation and adjusts the commercial fees to 100% of
the 2013 study plus inflation. In the Ordinance, all amounts for the capital improvement expansion fees have
Agenda Item 8
Item # 8 Page 2
been rounded to the nearest dollar. These changes will go into effect on January 1, 2016.
CITY FINANCIAL IMPACTS
2016 Capital Expansion Fees Table
N'hood Comm. Gen.
Land Use Type Unit Park Park Fire Police Gov't Total
Updated Fees
Resid., up to 700 sf Dwelling $1,262 $1,069 $272 $137 $321 $3,061
Resid., 701-1,200 sf Dwelling $1,619 $1,373 $346 $173 $410 $3,921
Resid., 1,201-1,700 sf Dwelling $1,788 $1,516 $384 $192 $452 $4,332
Resid., 1,701-2,200 sf Dwelling $1,863 $1,580 $399 $200 $473 $4,515
Resid., over 2,200 sf Dwelling $1,996 $1,692 $427 $214 $507 $4,837
Commercial 100% 1,000 sf $0 $0 $329 $165 $780 $1,274
Industrial 100% 1,000 sf $0 $0 $78 $40 $183 $300
2016 Updated CIE Fees
2016 Update to Capital Expansion Fees
When Finance undertook this effort in 2013, it committed to re-evaluate the capital expansion fees on a 3-5
year cycle. In 2016 Finance will hire a consultant to conduct a study to update the capital expansion fees for
the next 3-year cycle.
PUBLIC OUTREACH
This is an update to an ordinance passed in 2013 by City Council taking the commercial capital expansion fees
up to the agreed upon 100% phased-in amount after three years. Extensive public outreach was completed in
2013. There was no public outreach for this update completed in 2015.
ORDINANCE NO. 148, 2015
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 City’s home rule powers and authority is the power to regulate,
as a matter of purely local concern, the development of real property within the City and the
authority to fund and construct, as matters of purely location concern, public improvements; 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 Consumer Price Index for Urban Consumers, now known as the Denver-Boulder-
Greeley Consumer Price Index for Urban Consumers (the “CPI”); 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 CPI; and
WHEREAS, based on the Bureau of Labor Statistics’ most recent CPI, staff anticipates
the Index will reflect an inflation increase of 1.0 percent since the last annual adjustment,
effective January 1, 2016; and
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 changed significantly 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 to
reflect inflation as determined by the CPI.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS AS FOLLOWS:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That effective January 1, 2016, 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 $1,059.001,069.00
701 to 1,200 sq. ft. 1,359.001,373.00
1,201 to 1,700 sq. ft. 1,501.001,516.00
1,701 to 2,200 sq. ft. 1,565.001,580.00
2,201 sq. ft. and over 1,676.001,692.00
Section 3. That effective January 1, 2016, 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 $ 135.00137.00
701 to 1,200 sq. ft. 171.00173.00
1,201 to 1,700 sq. ft. 190.00192.00
1,701 to 2,200 sq. ft. 198.00200.00
2,201 sq. ft. and over 212.00214.00
Commercial buildings
(per 1,000 sq ft.)
163.00165.00
Industrial buildings 39.0040.00
(per 1,000 sq. ft.)
Section 4. That effective January 1, 2016, 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 $270.00272.00
701 to 1,200 sq. ft. 343.00346.00
1,201 to 1,700 sq. ft. 380.00384.00
1,701 to 2,200 sq. ft. 395.00399.00
2,201 sq. ft. and over 423.00427.00
Commercial buildings
(per 1,000 sq ft.)
326.00329.00
Industrial buildings
(per 1,000 sq. ft.)
77.0078.00
Section 5. That effective January 1, 2016, 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 $317.00321.00
701 to 1,200 sq. ft. 406.00410.00
1,201 to 1,700 sq. ft. 447.00452.00
1,701 to 2,200 sq. ft. 469.00473.00
2,201 sq. ft. and over 502.00507.00
Commercial buildings
(per 1,000 sq ft.)
772.00780.00
Industrial buildings
(per 1,000 sq. ft.)
181.00183.00
Section 6. That effective January 1, 2016, 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 $1,249.001,262.00
701 to 1,200 sq. ft. 1,603.001,619.00
1,201 to 1,700 sq. ft. 1,771.001,788.00
1,701 to 2,200 sq. ft. 1,845.001,863.00
2,201 sq. ft. and over 1,976.001,996.00
Section 7. That except as expressly amended in this Ordinance, all other provisions
in City Code Sections 7.5-28(a), 7.5-29(a), 7.5-30(a), 7.5-31(a), and 7.5-31(b) shall remain
unchanged and in full force and effect.
Introduced, considered favorably on first reading, and ordered published this 17th day of
November, A.D. 2015, and to be presented for final passage on the 1st day of December, A.D.
2015.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 1st day of December, A.D. 2015.
Mayor
ATTEST:
City Clerk