HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2018 - ITEMS RELATING TO 2019 CITY IMPACT FEE UPDATESAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY December 18, 2018
City Council
STAFF
Jennifer Poznanovic, Project and Revenue Manager
John Duval, Legal
SUBJECT
Items Relating to 2019 City Impact Fee Updates.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 166, 2018, Amending Chapters 7.5, 8 and 24 of the Code of the City of
Fort Collins to Implement Phase II Increases of the Capital Expansion Fees.
B. Second Reading of Ordinance No. 167, 2018, Amending Chapter 26 of the Code of the City of Fort Collins
To Revise Water Plant Investment Fees.
C. Second Reading of Ordinance No. 168, 2018, Amending Chapter 26 of the Code of the City of Fort Collins
To Revise Sewer Plant Investment Fees.
D. Second Reading of Ordinance No. 169, 2018, Amending Chapter 26 of the Code of the City of Fort Collins
To Revise Stormwater Plant Investment Fees.
These Ordinances, unanimously adopted on First Reading on December 4, 2018 update impact fees for the
2019 cadence which includes Step II for all six Capital Expansion Fees (CEFs) and Utility Plant Investment
Fees (PIFs). Staff has worked to coordinate the process for updating all new development related fees that
require Council approval since 2016. The 2017 Capital Expansion Fee (CEF) and Transportation Capital
Expansion Fee (TCEF) full fee proposals showed significant increases from the previously approved fees.
Council asked for these fees to be implemented in three steps.
In addition to the stepped implementation for CEFs, Council asked for a Fee Working Group to be created to
foster a better understanding of impact fees prior to discussing further fee updates. The Fee Working Group
meetings started in August 2017, comprised of a balanced group of stakeholders - citizens, business-oriented
individuals, City staff and a Council liaison. Overall, the Fee Working Group supports the fee coordination
process and proposed fee updates.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 4, 2018 (w/o attachments) (PDF)
2. Ordinance No. 166, 20108 (PDF)
3. Ordinance No. 167, 2018 (PDF)
4. Ordinance No. 168, 2018 (PDF)
5. Ordinance No. 169, 2018 (PDF)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY December 4, 2018
City Council
STAFF
Jennifer Poznanovic, Project and Revenue Manager
John Duval, Legal
SUBJECT
Items Relating to 2019 City Impact Fee Updates.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 166, 2018, Amending Chapters 7.5, 8 and 24 of the Code of the City of Fort
Collins to Implement Phase II Increases of the Capital Expansion Fees.
B. First Reading of Ordinance No. 167, 2018, Amending Chapter 26 of the Code of the City of Fort Collins To
Revise Water Plant Investment Fees.
C. First Reading of Ordinance No. 168, 2018, Amending Chapter 26 of the Code of the City of Fort Collins To
Revise Sewer Plant Investment Fees.
D. First Reading of Ordinance No. 169, 2018, Amending Chapter 26 of the Code of the City of Fort Collins To
Revise Stormwater Plant Investment Fees.
The purpose of this item is to update impact fees for the 2019 cadence which includes Step II for all six Capital
Expansion Fees (CEFs) and Utility Plant Investment Fees (PIFs). Staff has worked to coordinate the process for
updating all new development related fees that require Council approval since 2016. The 2017 Capital Expansion
Fee (CEF) and Transportation Capital Expansion Fee (TCEF) full fee proposals showed significant increases
from the previously approved fees. Council asked for these fees to be implemented in three steps.
In addition to the stepped implementation for CEFs, Council asked for a Fee Working Group to be created to
foster a better understanding of impact fees prior to discussing further fee updates. The Fee Working Group
meetings started in August 2017, comprised of a balanced group of stakeholders - citizens, business-oriented
individuals, City staff and a Council liaison. Overall, the Fee Working Group supports the fee coordination
process and proposed fee updates.
STAFF RECOMMENDATION
Staff recommends adoption on the Ordinances on First Reading.
BACKGROUND / DISCUSSION
As of October 2016, staff has worked to coordinate the process for updating all building related fees that require
Council approval. Below are impact fees that require Council approval:
ATTACHMENT 1
COPY
Agenda Item 15
Item # 15 Page 2
Fees in the 2019 update include six Capital Expansion Fees and three Wet Utility PIFs (Sewer, Stormwater and
Water). Development Review Fees were initially planned for Phase II updates but have been decoupled and will
come forward in 2019.
Previously, fee updates were presented to Council on an individual basis but are now on a two and four-year
cadence. Fee coordination includes a detailed fee study analysis for CEFs, TCEFs and Development Review
Fees every four years. This requires an outside consultant through a request for proposal (RFP) process. Data
is provided by City staff and findings are also verified by City staff. For Utility Fees, a detailed fee study is
planned every two years. These are internal updates by City staff with periodic consultant verification. Fee study
analysis should be targeted in the odd year before Budgeting for Outcomes (BFO).
2017 Capital Expansion full fee proposals were significant. Fee changes reflected updated asset values that
reflect higher construction costs, land values that reflect higher last cost and population and dwelling units per
the latest census. These changes caused concern in the community and Council directed a stepped
implementation for CEFs and TCEFs.
In June of 2017, Council approved the following fee updates:
*Cash-in-Lieu (CIL)
Proposed 2019 Impact Fee Updates
Fees in the 2019 update include all six Capital Expansion Fees and three Wet Utility PIFs (Sewer, Stormwater
and Water).
Staff proposes the following fee changes:
• 90% of proposed CEFs (Step II)
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Agenda Item 15
Item # 15 Page 3
• Option A for TCEFs (Step II)
• Wet Utility PIFs as proposed
The chart below shows the stepped implementation for CEFs and TCEFs:
Step I changes (current fee levels) adopted October 1, 2017 are 75% of full fee levels proposed for CEFs and
Option B for TCEFs. Option B does not increase program revenue, it provides approximately 80% of necessary
funding to mitigate proportional impacts of development. Whereas Option A includes the proportionate cost
attributable for mitigation of the impacts of new development on the transportation system, including new streets,
intersection improvements, and multi-modal improvements.
The chart below shows Step II fee changes with inflation:
CEF fee increases are 90% of full fee levels recommended in 2017 and reflects Option A for TCEFs. Including
inflation, total Step II fee increases are a 27 to 28% increase from current fee levels (Step I). The CPI-U index
for Denver-Aurora-Lakewood is used for CEF inflation (3.1% in 2017 and 3.2% in 2018). The Engineering News
Record's Construction Cost Index Values for Denver is used for TCEFs (4.0% in 2017 and 1.2% in 2018).
The chart below shows the proposed Wet Utility PIFs changes:
Fees Phasing
Land Use Type Unit
Previous
Total
Current
Total
Step II
Total
Step III
Total
% Change
Full Fees
% Change
Step I
% Change
Step II
% Change
Step III
Residential, up to 700 sq. ft. Dwelling $5,059 $5,845 $7,049 $7,587 50% 16% 21% 8%
Residential, 701-1,200 sq. ft. Dwelling $6,182 $8,779 $10,593 $11,315 83% 42% 21% 7%
Residential, 1,201-1,700 sq. ft. Dwelling $7,574 $10,283 $12,409 $13,197 74% 36% 21% 6%
Residential, 1,701-2,200 sq. ft. Dwelling $7,762 $11,099 $13,391 $14,188 83% 43% 21% 6%
Residential, over 2,200 sq. ft. Dwelling $8,094 $12,147 $14,658 $15,546 92% 50% 21% 6%
Commercial 1,000 sq. ft. $13,241 $8,430 $10,164 $10,392 -22% -36% 21% 2%
Office and Other Services $9,071 $6,660 $8,028 $8,256 -9% -27% 21% 3%
Industrial/Warehouse 1,000 sq. ft. $1,748 $2,000 $2,411 $2,464 41% 14% 21% 2%
CEFs & TCEFs Totals with Inflation
Land Use Type Unit
Current
Total
Step II
Total
Step II
Total w
Inflation
%
Increase
%
Increase
w Inflation
Residential, up to 700 sq. ft. Dwelling $5,845 $7,049 $7,473 21% 28%
Residential, 701-1,200 sq. ft. Dwelling $8,779 $10,593 $11,221 21% 28%
Residential, 1,201-1,700 sq. ft. Dwelling $10,283 $12,409 $13,139 21% 28%
Residential, 1,701-2,200 sq. ft. Dwelling $11,099 $13,391 $14,173 21% 28%
Agenda Item 15
Item # 15 Page 4
*Gallons per day (GPD)
Across the three Wet Utility Fees, staff is proposing 7 to 11% increases. Water PIFs are a 7.1% increase from
current fee levels, Wastewater PIFs are a 9.5% increase from current fee levels and Stormwater PIFs are a
11.3% increase from current fee levels.
The drivers for the increases on PIFs is the same for all three funds:
• New capital projects increase the overall system value
• Annual increases in construction costs increases the replacement value of existing system
• One-time adjustment of 2.7% included to account for fee implementation being delayed in 2018
Fee Working Group
Before the 2019 impact fee update, Council asked for commitment to create a working group of citizens, industry
and staff to foster a better understanding of fees.
The Fee Working Group meetings commenced in August 2017, comprised of a balanced group of stakeholders
- citizens, business-oriented individuals, City staff and a Council liaison. The group met 14 times, and the topics
covered included: detailed review of fee methodologies, inputs, calculations, City revenue sources, alternative
revenue sources, academic economic research on impact fees, a third-party impact fee audit review and impact
fee comparisons to other communities.
Below is a summary of the key findings from the Fee Working Group position paper:
• Bringing impact fees together for review and formation of the fee working group has been beneficial to better
understand the full impact of Council approved impact fees for new development.
• The group acknowledges overall sound methodologies, calculations and inputs.
• The third-party fee audit revealed that the City manages impact fee expenditures very well. How the City
spends and collects impact fees is sound. Of the $54M examined, only $130K or 0.24% was charged
incorrectly.
• Regarding economic data, the group agrees that amenities paid for through impact fees add to property
value, but views differ as to what extent they impact demand and supply. Academic research showed that
home price increases in growing areas are mainly demand driven.
• The group agreed that impact fees are complicated and difficult to communicate across the community.
They recommend better messaging to stakeholders and the general public.
• In the 2017 study, park impact fees increased more than other impact fees due to increases in the costs of
land, water and construction. These fees are the only category where impact fees pay for 100 percent of
what is built.
• The group acknowledges the need to identify new revenue sources for park refresh and maintenance.
• If Council approves lower fees than the staff recommendation, alternative revenue sources will be needed.
If Council goes this direction, it will be for the community to decide what alternatives to pursue.
COPY
Agenda Item 15
Item # 15 Page 5
Below are recommendations from the Fee Working Group Position Paper:
1. Better communication/outreach & notice of fee changes
2. Repayment of the $130k identified in the impact fee audit
3. Progressive fees if/where possible
4. Explore additional revenue sources for parks buildout
5. Investigate revenue alternatives to support parks refresh & maintenance
6. Explore stronger supports for affordable housing fee waivers
CITY FINANCIAL IMPACTS
2019 impact fee updates were discussed with Council Finance Committee in August 2018. Fee updates will
result in an increase to fee payers.
BOARD / COMMISSION RECOMMENDATION
2019 impact fee updates and the Fee Working Group position paper were discussed with Council Finance
Committee in August and September 2018. Council Finance Committee recommended bringing the topic forward
at the November 13th Council Work Session. From the Work Session, Council recommended ordinance readings
in December 2018 as next steps.
PUBLIC OUTREACH
In an effort towards better communication, outreach and notification of impact fee changes, staff met with 14
organizations across the City in the fall of 2018.
Overall, there was unanimous support for the approach and cadence. Most groups were not in favor of fee
increases, yet they were not in favor of alternatives.
Staff also heard:
• Support for fee group recommendations.
• Not a straight forward topic, takes a couple of conversations to set in.
• Concerns about attainable housing - it may be less desirable to live here.
• Policy questions on development standards going forward, having alignment on total cost including
operations and maintenance.
COPY
Agenda Item 15
Item # 15 Page 6
ATTACHMENTS
1. Staff Presentation for Council Work Session November 13, 2018 Impact Fee Update (PDF)
2. Council Finance Committee Minutes September 17, 2018 (PDF)
3. Council Finance Committee Minutes August 20, 2018 (PDF)
4. 2018 Impact Fee Outreach Feedback (PDF)
5. Fee Group Position Paper September 12, 2018 (PDF)
6. Fort Collins Review Final Report April 6, 2018 (PDF)
7. Memo Council Work Session Followup November 28, 2018 (PDF)
COPY
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ORDINANCE NO. 166, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 7.5, 8 AND 24 OF THE CODE OF THE CITY OF FORT
COLLINS TO IMPLEMENT PHASE II INCREASES OF THE CAPITAL EXPANSION FEES
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 establish impact fees
for such development; and
WHEREAS, the City Council has determined that new development should contribute its
proportionate share of providing the capital improvements that are typically funded with impact
fees; 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, in early 2016, City staff initiated a comprehensive review of its various impact
fees now charged to new development, including its community parkland, neighborhood parkland,
police, fire protection, general government and street oversizing capital improvement expansion
fees (collectively, “Capital Expansion Fees”); and
WHEREAS, as a result of that review, the City commissioned an impact fee study for the
community parkland, neighborhood parkland, police, fire protection and general government
capital improvement expansion fees that has resulted in the “Capital Expansion Fee Study” dated
August 2016, which has identified the need to increase such Capital Expansion Fees by various
amounts; and
WHEREAS, the City also commissioned an impact fee study for the street oversizing
capital improvement expansion fee that has resulted in the “Transportation Capital Expansion Fee
Study” dated April 2017, which has also identified the need to increase and decrease the street
oversizing capital improvement expansion fees by various amounts depending on the type of
development proposed; and
WHEREAS, in 2017 City Council adopted Ordinance No. 049, 2017, increasing, beginning
on October 1, 2017, the Capital Expansion Fees to seventy-five percent (75%) of the amounts
recommended in the Capital Expansion Fee Study and the Transportation Expansion Fee to the
lesser amount recommended in the Transportation Capital Expansion Fee Study, and fully
implementing reductions to said Fees as applicable; and
WHEREAS, the City Manager formed a working-group of City staff and community
stakeholders to review the Studies, to consider any future changes to the City’s Capital Expansion
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Fees based on the Studies, and to present the recommendations of that working-group to the
Council with any such proposed changes; and
WHEREAS, based on the Studies and the general approach and direction of Council,
including the Council Finance Committee, this Ordinance enacts Phase II of the increases to the
Capital Expansion Fees; and
WHEREAS, for the foregoing reasons, the City Council has determined that it is in the best
interest of the City and its citizens and necessary for the protection of the public’s health, safety
and welfare, that the Capital Expansion Fees be decreased and increased as hereafter provided.
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.
Section 2. That Section 7.5-28(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-28. - Community parkland capital expansion fee.
(a) There is hereby established a community parkland capital expansion fee which shall be
imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of community parks, as such improvements may be
identified in the capital improvements plan for community parkland. Such fee shall be payable
prior to the issuance of any building permit for a residential structure. The amount of such fee
shall be determined per dwelling unit as follows:
Current
As of
October 1, 2017
As of January 1,
2019
Resid., up to 700 sq. ft. $1,102.00 $1,751.00 $2,326.00
Resid., 701 to 1,200 sq. ft. 1,414.00 2,432.00 3,114.00
Resid., 1,201 to 1,700 sq. ft. 1,562.00 2,558.00 3,400.00
Resid., 1,701 to 2,200 sq. ft. 1,628.00 2,585.00 3,436.00
Resid., over 2,201 sq. ft. 1,743.00 2,881.00 3,830.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
Section 3. That Section 7.5-29(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-29. - Police capital expansion fee.
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(a) There is hereby established a police capital expansion fee which shall be imposed pursuant to
the provisions of this Article for the purpose of funding capital improvements related to the
provision of police services, as such improvements may be identified in the capital
improvements plan for police services. Such fee shall be payable prior to the issuance of any
building permit for a residential, commercial or industrial structure. The amount of such fee
shall be determined as follows:
Current
As of
October 1, 2017
As of January 1,
2019
Resid., up to 700 sq. ft. $141.00 $177.00 $226.00
Resid., 701 to 1,200 sq. ft. 178.00 239.00 305.00
Resid., 1,201 to 1,700 sq. ft. 198.00 260.00 332.00
Resid., 1,701 to 2,200 sq. ft. 206.00 264.00 337.00
Resid., over 2,200 sq. ft. 220.00 294.00 375.00
Commercial buildings (per 1,000
sq. ft.)
169.00
223.00 284.00
Industrial buildings (per 1,000 sq.
ft.)
41.00
52.00 66.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
Section 4. That Section 7.5-30(a) of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 7.5-30. - Fire protection capital expansion fee.
(a) There is hereby established a fire protection capital expansion fee which shall be imposed
pursuant to the provisions of this Article for the purpose of funding capital improvements
related to the provision of fire services, as such improvements may be identified in the capital
improvements plan for fire protection services. Such fee shall be payable prior to the issuance
of any building permit for a residential, commercial or industrial structure. The amount of
such fee shall be determined as follows:
Current
As of
October 1, 2017
As of January 1,
2019
Resid., up to 700 sq. ft. $281.00 $316.00 $403.00
Resid., 701 to 1,200 sq. ft. 357.00 428.00 546.00
Resid., 1,201 to 1,700 sq. ft. 395.00 465.00 593.00
Resid., 1,701 to 2,200 sq. ft. 410.00 473.00 603.00
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Resid., over 2,200 sq. ft. 440.00 526.00 671.00
Commercial buildings (per 1,000 sq. ft.) 339.00 395.00 508.00
Industrial buildings (per 1,000 sq. ft.) 80.00 93.00 119.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
Section 5. That Section 7.5-31(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-31. - General governmental capital expansion fee.
(a) There is hereby established a general governmental capital expansion fee which shall be
imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of general governmental services, as such
improvements may be identified in the capital improvements plan for general governmental
services. Such fee shall be payable prior to the issuance of any building permit for a
residential, commercial or industrial structure. The amount of such fee shall be determined as
follows:
Current
As of
October 1, 2017
As of January
1, 2019
Resid., up to 700 sq. ft. $330.00 $431.00 $549.00
Resid., 701 to 1,200 sq. ft. 423.00 581.00 741.00
Resid., 1,201 to 1,700 sq. ft. 465.00 634.00 809.00
Resid., 1,701 to 2,200 sq. ft. 487.00 644.00 821.00
Resid., over 2,200 sq. ft. 523.00 716.00 914.00
Commercial buildings (per 1,000 sq. ft.) 803.00 1,088.00 1,389.00
Industrial buildings (per 1,000 sq. ft.) 188.00 257.00 327.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
Section 6. That Section 7.5-32 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-32. - Transportation expansion fee.
There is hereby established a transportation expansion fee which shall be imposed pursuant to the
provisions of this Article for the purpose of funding transportation improvements related to the
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provision of transportation services. Such fees shall be payable prior to the issuance of any building
permit for a residential, commercial or industrial structure. These fees shall be deposited in the
“transportation improvements fund” established in § 8-87. The amount of such fee shall be
determined as follows:
TRANSPORTATION EXPANSION FEE SCHEDULE
Current
As of
October 1, 2017
As of January
1, 2019
Resid., up to 700 sq. ft. $1,905.00 $1,827.00 $2,321.00
Resid., 701 to 1,200 sq. ft. 2,143.00 3,392.00 4,310.00
Resid., 1,201 to 1,700 sq. ft. 3,112.00 4,404.00 5,596.00
Resid., 1,701 to 2,200 sq. ft. 3,112.00 5,150.00 6,543.00
Resid., over 2,200 sq. ft. 3,112.00 5,520.00 7,014.00
Commercial 11,930.00 6,721.00 8,539.00
Office and Other Services 7,760.00 4,951.00 6,291.00
Industrial/Warehouse 1,130.00 1,598.00 2,030.00
Section 7. That Section 7.5-71(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-71. - Neighborhood parkland capital expansion fee.
(b) The amount of the fee established in this Section shall be determined for each dwelling unit
as follows:
Current
As of
October 1, 2017
As of January 1,
2019
Resid., up to 700 sq. ft. $1,300.00 $1,343.00 $1,647.00
Resid., 701 to 1,200 sq. ft. $1,667.00 1,797.00 2,205.00
Resid., 1,201 to 1,700 sq. ft. $1,842.00 1,962.00 2,408.00
Resid., 1,701 to 2,200 sq. ft. $1,919.00 1,983.00 2,433.00
Resid., over 2,200 sq. ft. $2,056.00 2,210.00 2,712.00
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Introduced, considered favorably on first reading, and ordered published this 4th day of
December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D.
2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of December, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 167, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT
COLLINS TO REVISE WATER PLANT INVESTMENT FEES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the
Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain, and
provide for the collection of such rates, fees or charges for water and for other utility services
furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other
obligations as set forth therein; and
WHEREAS, Article III, Chapter 26 of the City Code establishes and sets forth the water
utility as a utility service furnished by and an enterprise of the City; and
WHEREAS, City Code Sections 26-120 and 26-128 provide for water plant investment
fees (“WPIFs”) to be based on and used for growth-related capital expansion costs of water supply,
storage, transmission, treatment and distribution, and administrative facilities that are reasonably
related to the overall costs of and required in providing water services to serve new development;
and
WHEREAS, City Code Section 26-120 further requires that the City Manager annually
review the parameters and rates of the WPIFs and also requires that the City Manager present such
fees to the City Council for approval no less frequently than biennially; and
WHEREAS, the City Manager and City staff have also recommended to the City Council
adjustment of the WPIFs, as set forth herein, to be effective January 1, 2019; and
WHEREAS, the Water Board considered the proposed WPIFs adjustments for 2019 at its
meeting on October 18, 2018 and recommended approval of the proposed adjustments by a
unanimous vote; and
WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City
Code to adjust the scope and rate of the WPIFs as set forth herein.
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 Section 26-128 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-128. Schedule C, water plant investment fees.
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The water plant investment fee prescribed in § 26-120 shall be payable by users both inside
and outside of the City, as follows:
(1) Single-family residential buildings.
For a single-family residential lot greater than one-half (½) acre in size, the
lot size shall be deemed to be one-half (½) acre for the purpose of this fee
calculation. For each additional tap or meters larger than three-fourths (¾)
inch, the nonresidential rate shall apply.
a. For the first three-fourths-inch water tap or meter $730.00
b. For the first one-inch water tap or meter to accommodate residential
fire suppression systems based upon the criteria established in the
International Building Code as adopted and amended pursuant to Chapter
5 of this Code.
$1,237.00
c. Plus, for each square foot of lot area $0.36
(2) Residential buildings of two (2) or more dwelling units
The fee will provide for one (1) tap per residential building and an
adequate number of additional taps to serve common irrigable areas, if any.
The number and size of taps shall be determined by the Utilities Executive
Director based upon the criteria established in the Uniform Plumbing Code
as amended pursuant to Chapter 5 of this Code.
a. For each residential building unit $530.00
b. Plus, for each square foot of lot area $0.26
(3) Mobile home parks
The size of the tap shall be determined by the Utilities Executive Director
based upon the criteria established in the Uniform Plumbing Code as
amended pursuant to Chapter 5 of this Code.
a. For each residential building unit $530.00
b. Plus, for each square foot of lot area $0.26
(4) Hotels, rooming houses, sororities, fraternities and similar uses.
The nonresidential rate shall apply.
(5) Nonresidential service
a. Service to all nonresidential taps, including, but not limited to, taps for
commercial and industrial service, shall be charged according to the size of
the meter pursuant to the following schedule:
Meter Size (inches)
Nonresidential
Plant
Investment Fee
¾ $7,940
1 $20,960
1½ $43,520
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2 $72,470
b. The fee for all meters larger than two (2) inches shall be calculated by
multiplying the estimated peak daily demand by the following charge per
gallon, but shall not be less than the charge for a two-inch meter.
$4.99
Section 3. That the modifications set forth above shall be effective for all fees paid on
or after January 1, 2019.
Introduced, considered favorably on first reading, and ordered published this 4th day of
December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D.
2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of December, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 168, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT
COLLINS TO REVISE SEWER PLANT INVESTMENT FEES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the
Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain, and
provide for the collection of such rates, fees or charges for water and for other utility services
furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other
obligations as set forth therein; and
WHEREAS, Article IV, Chapter 26 of the City Code establishes and sets forth the
wastewater utility as a utility service furnished by and an enterprise of the City; and
WHEREAS, City Code Sections 26-283 and 26-284 provide for sewer plant investment
fees (“SPIFs”) to be based on and used for growth-related capital expansion costs of wastewater
collection, transmission, treatment, and administrative facilities that are reasonably related to the
overall costs of and required in providing wastewater services to serve new development; and
WHEREAS, City Code Section 26-283 further requires that the City Manager annually
review the parameters and rates of the SPIFs and also requires that the City Manager present such
fees to the City Council for approval no less frequently than biennially; and
WHEREAS, the City Manager and City staff have also recommended to the City Council
adjustment of the SPIFs as set forth herein to be effective January 1, 2019; and
WHEREAS, the Water Board considered the proposed SPIFs adjustments for 2019 at its
meeting on October 18, 2018 and recommended approval of the proposed adjustments by a
unanimous vote; and
WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City
Code to adjust the scope and rate of the PIFs as set forth herein.
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 Section 26-284 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-284. - Sewer plant investment fees and surcharges established.
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(a) The schedule of sewer plant investment fees, subject to the exceptions and
additional requirements provided in this Section, is as follows:
Category SPIF
A Single-family
Per
dwelling
$3,537
B and C Duplex and Multi-family
Per each
dwelling
unit or
mobile
home space
$2,588
D, E, F Non-residential and Industrial
Water meter size (inches) Fee Fee
¾ $7,518
1 $16,553
1½ $31,728
2 $65,813
3 and above
Calculated on an individual
basis based on peak wastewater
flow (determined in the manner
set forth hereinafter) but not
less than the charge for a two-
inch meter
G User outside
Same as equivalent category,
plus any special sanitation
district fees
H Special
Determined pursuant to
Subsection (d) of this Section
. . .
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(d) The amount of the plant investment fee and surcharge for each nonresidential
surcharged user, users in Category H and any user that is expected to generate greater than its
proportionate share of peak day flow at the treatment plant for the applicable category
(including both contributed wastewater volume and volume related to infiltration and inflow),
shall be calculated utilizing the following formula:
SPIF = Site Flow × [Flow$ + (BOD × BOD$
) + (TSS × TSS$)] + I&I Flow × [Flow$
+ (200 mg/l
× BOD$) + (250 mg/l × TSS$
)]
Where:
SPIF =
Plant investment fee for Category H users and users
discharging wastewater with average concentrations of
BOD and/or TSS which exceed those average
concentrations which are set forth in § 26-282(b) under
Category E-34
Site
Flow
=
The user's proportionate share of peak day flow at the
treatment plant based on site flow discharge from
user's site
I&I
Flow
=
That proportionate share of peak day flow due to
infiltration and inflow as allocated to user's site flow
discharge. I&I Flow is calculated based on Site Flow
multiplied by
46.5%
Flow$ =
Unit cost of facilities attributable to treating
wastewater flow
Per Gallon $9.19
BOD =
Average BOD concentration for user category or
measured BOD concentration for the user as
determined in accordance with Subsection (c) of this
Section, but not less than 200 mg/l
BOD$ = Unit cost of facilities attributable to treating BOD Per mg/l $0.0143
TSS =
Average TSS concentration for user category or
measured TSS concentration for the user as determined
in accordance with Subsection (c) of this Section, but
not less than 250 mg/l
TSS$ = Unit cost of facilities attributable to treating TSS Per mg/l $0.0114
. . .
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(f) For purposes of this Section, the proportionate share of peak day flow at the treatment plant
for users in Categories D, E and F shall be deemed to be:
Water
Meter
Size
(inches)
Peak Flow (gallons per day)
¾ 491
1 1,081
1½ 2,072
2 4,298
3 and
greater
Calculated on an individual basis based on user's proportionate share of peak
day flow at the treatment plant (including both contributed wastewater volume
and volume related to infiltration and inflow) but not less than the peak day flow
for a two-inch meter
Section 4. That the modifications set forth above shall be effective for all fees paid on
or after January 1, 2019.
Introduced, considered favorably on first reading, and ordered published this 4th day of
December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D.
2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 18th day of December, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 169, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT
COLLINS TO REVISE THE STORMWATER PLANT INVESTMENT FEES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the
Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain, and
provide for the collection of such rates, fees or charges for water and for other utility services
furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other
obligations as set forth therein; and
WHEREAS, Article VII, Chapter 26 of the City Code establishes the stormwater utility as
a utility service furnished by and an enterprise of the City; and
WHEREAS, City Council has adopted stormwater basin and City-wide master plans
recommending stormwater facilities necessary to provide for proper drainage and control of flood
and surface waters within the City; and
WHEREAS, in 1998, City Council adopted ordinance No. 168, 1998, determining that all
lands within the City benefit by the installation of such stormwater facilities; and
WHEREAS, existing stormwater rate payers have paid for the design, right of way, and
construction of stormwater facilities identified in the drainage basin master plans that will benefit
and be utilized by new development; and
WHEREAS, City Council has determined that new development should pay its
proportionate share of the costs of capital stormwater facilities in existence at the time of
development in the form of a stormwater plant investment fee as established by City Code Section
26-512 (“Stormwater PIF”); and
WHEREAS, City Code Section 26-511(a) requires that the City Manager review the rates
and parameters for the Stormwater PIF annually and present them to City Council for approval no
less frequently than biennially; and
WHEREAS, the City Manager and City staff have also recommended to the City Council
adjustment of the Stormwater PIF as set forth herein to be effective January 1, 2019; and
WHEREAS, the Water Board considered the proposed Stormwater PIF adjustments for
2016 at its meeting on October 18, 2018 and recommended approval of the proposed adjustments
by a unanimous vote; and
WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the City
Code to adjust the scope and rate of the Stormwater PIF as set forth herein.
-2-
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 Section 26-512 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-512. - Stormwater plant investment fees established.
…
(2) Plant investment fee base rate. The stormwater plant investment fee base rate is
hereby established as follows:
Per gross acre of area $9,142
…
Section 3. That the modifications set forth above shall be effective for all fees paid on
or after January 1, 2019.
Introduced, considered favorably on first reading, and ordered published this 4th day of
December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D.
2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of December, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Residential, over 2,200 sq. ft. Dwelling $12,147 $14,658 $15,516 21% 28%
Commercial 1,000 sq. ft. $8,430 $10,164 $10,720 21% 27%
Office and Other Services $6,660 $8,028 $8,472 21% 27%
Industrial/Warehouse 1,000 sq. ft. $2,000 $2,411 $2,542 21% 27%
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