Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/04/2018 - ITEMS RELATING TO 2019 CITY IMPACT FEE UPDATESAgenda 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: 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) 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: 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% 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: 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% 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% CEF fee increases are 90% of full fee levels recommended in 2017 and reflects Option A for TCEFs. Including 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. 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. 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) 1 Fee Group Findings & Impact Fee Updates November 13, 2018 Council Work Session ATTACHMENT 1 Agenda • Background • Proposed 2018 Fee Updates – Effective in 2019 • Working Group Position Paper • Community Outreach Feedback • Council Direction 2 Impact Fee Coordination 3 Objective: • Review fee updates together to provide a holistic view of the total cost impact • Bring impact fees forward per a defined cadence… 2 - 4 years Type of Fee Fee Name Capital Expansion Neighborhood Park Capital Expansion Community Park Capital Expansion Fire Capital Expansion Police Capital Expansion General Government Capital Expansion Transportation Utility Water Supply Requirement Utility Electric Capacity Utility Sewer Plant Investment Utility Stormwater Plant Investment Utility Water Plant Investment Building Development 45 Development Review & Building Permit Fees 2016 2017 2018 2019 2020 2021 Capital Expansion Fees Update Step II Step III Update Transportation CEFs Update Step II Update Electric Capacity Fees Update Update Update Raw Water Update Update Update Wet Utility Fees Update Update Update Development Review Fees Update Update 2017 – Drivers of Fee Increases 4 Capital Expansion Fees (2017 proposed increase 71% to 79%): • Fee based on replacement cost of existing infrastructure • Cost of construction, land, water up significantly since last fee revision Transportation Capital Expansion Fees (2017 proposed changes -32% to 114%): • Cost of construction up since last fee revision • Current transportation plan & calculation shift Electric Capacity Fees (2017 changes approximately -50% to 40%): • Change in methodology from plan-based to “buy-in” Raw Water Fees (effective 1/1/2018): • New fee model - value of the existing water rights portfolio & growth related capital expenses Large Increase Created Significant Business Community Concern 2017 Recap 5 Council directed stepped implementation for CEF & TCEF in 2017 Success Factors: • Bringing fees together was good for understanding the full impact of fees • Formed citizen/staff working group Lessons Learned: • Fee increase recommendations were significant, caused confusion in the community • Difficult to explain with different methodologies and qualitative aspect Fee Status as of October 2017 Next Steps CEFs • 75% of fees implemented • Phased in approach - three steps TCEFs • 80% of fees implemented • Phased in approach - two steps Electric Capacity • 100% of fees implemented • Every two years Raw Water • 100% of fees implemented • Every two years CEFs & TCEFs Step II with Inflation 6 Fire fees updated July 2018 to reflect calculation error 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% 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% • Step II fees are a 27% to 28% increase from current fee levels (Step I) • CEF fee increases are 90% of full fee levels recommended in 2017 • Reflects Option A for TCEF fees 7 Wet Utility PIFs Utility Criteria Current Charge 2019 Charge $ Change % Change Water $ / GPD $ 4.66 $ 4.99 $ 0.33 7.1% Wastewater $ / GPD $ 13.98 $ 15.31 $ 1.33 9.5% Stormwater Per acre (adjusted for run-off factor) $ 8,217 $ 9,142 $ 925 11.3% The drivers for the increase on Wet 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 2017 Group Composition 8 Industry Sean Dougherty Will Flowers Fort Collins Board of Realtors Ann Hutchison Fort Collins Area Chamber of Commerce Greg Mediema Doug Braden Homebuilder’s Association of Northern Colorado Moira Bright Spirit Hospitality LLC Chris Banks Odell Brewing Citizen Diane Cohn Affordable Housing Board Rebecca Hill Water Board Linda Stanley Economic Advisory Commission Ragan Adams Parks and Recreation Board Rick Reider Building Review Board Staff Mike Beckstead Project Sponsor Tiana Smith Jennifer Poznanovic Project Manager/Fee Owner CEFs Lance Smith Fee Owner Electric Capacity Fees Tom Leeson Fee Owner Development Review Fees Josh Birks City Staff/Economic Health Council Ross Cunniff District 5 Council Group Objective What: Improve understanding with stakeholders of the City’s impact fee process. How: Semi-monthly meetings that present information on the mechanics, alternatives, and impacts of the City’s impact fees that are approved by City Council. Why: Foster a common understanding of why and how impact fees are calculated, in addition to collecting feedback to share with City Council on future fee calculations and processes. 9 Overview: Meetings & Topics Commenced in August of 2017 with 14 meetings over the past year 10 • Academic economic research on impact fees • A third-party impact fee audit review • Alternative revenue sources • Progressive Fees • Affordable Housing Fee Waivers • Detailed review of fee methodologies, inputs, calculations for CEFs, TCEFs & Utility PIFs • City revenue sources • Impact fee comparisons to other communities Topics covered: *Development Review Fees decoupled from the 2018 fee update 11 1. Team & select organizations have a more accurate understanding of why we have impact fees, how impact fees are calculated & why impact fees change over time 2. Value added from deeper dive into fee details and review of fee audit 3. Citizens involved seemed to be less interested – doesn’t impact current residents 4. Team would prefer lower fees, yet understands the challenges with alternative revenue sources 5. Recommendations from the group will help the process going forward Observations Reflections: Impact Fee Effort 12 • Review of impact fees together is beneficial for understanding the full impact of fee updates • Overall, sound methodologies, calculations and inputs • The third-party fee audit revealed how the City spends and collects impact fees is sound • Impact fee amenities add to property value, but views differ as to what extent they impact housing costs Key Findings* • Impact fees are complicated and difficult to communicate across the community • Park impact fees are the only category where impact fees pay for 100 percent of what is built • Need to identify new revenue sources for park refresh and maintenance in the future • If less than recommended is approved, alternative revenue sources will be needed Fee Group Findings *September 2018 Fee Group Position Paper CEF Audit Review Overview 13 • DPFG* examined whether the City properly collected and spent $54M in impact fees from 2012 to 2016 • Fees reviewed: 6 Capital Expansion Fees • No issues with Police, Fire, General Government & Community Parks • Questions on $3,787k concerning Neighborhood Parks & Transportation - $3,400k in overhead costs – consistent with Code - $387k in fee expenditures questions • Of the $54M only $130k or 0.24% was charged incorrectly • Maintenance of new parks is charged to CEFs for two years • Refresh of old parks should not be charged to CEFs - $130k *Development Planning & Financial Group 14 Recommendations Group Recommendations Staff Recommendations 1. Better Communication/Outreach & Notice of Fee Changes Currently underway with community outreach and the group as ambassadors of the process 2. Repayment of the $130k Identified in the Impact Fee Audit Staff agrees 3. Progressive Fees if/where Possible Explore progressive fees in the 2021 updates 4. Explore Additional Revenue Sources for Parks Buildout Current policy is 100% of new parks are funded by impact fees 5. Investigate Revenue Alternatives to Support Parks Refresh & Maintenance Staff agrees that in the future we will need to have this conversation 6. Explore Stronger Supports for Affordable Housing Fee Waivers Currently underway with a dedicated internal Affordable Housing Task Force 2018 Outreach 15 • Process & cadence of fee updates • Step II of 2017 proposed fees • Findings from Fee Working Team Organization Date Super Issues Forum September 6 Northern Colorado Homebuilder's Association September 11 Fort Collins Board of Relators September 11 2018 Building Code Review Committee September 12 Downtown Development Authority September 13 North Fort Collins Business Association September 26 Parks and Recreation Board September 26 Building Review Board September 27 Affordable Housing Board October 11 Human Relations Board October 11 Planning & Zoning Board October 12 Economic Advisory Commission October 17 Local Legislative Affairs Committee October 26 Housing Catalyst November 6 2018 Outreach: What We Heard 16 Key themes across outreach meetings: • Supportive of the approach and cadence • Most not in favor of fee increases - yet not in favor of alternatives We also heard: • Supportive of 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 - development standards going forward, alignment on total cost (including operations and maintenance) Direction Sought 17 Does Council support impact fee updates as proposed? If yes, proposed next steps: • December 4th & 18th: Ordinance readings • New Fees Effective January 1, 2019 2019 Efforts Planned: • Utility Fees, Development Fees & Step III for CEFs Backup 18 Fee Comparison: For Median New Home Sales Price $483K* 19 Fort Collins Fees in the Lower-Middle of the Pack *Does not include raw water *Multiple Listing Service (MLS) Neighboring Cities Median Sales Comparison with Fees 20 Of Median Home Sales Prices, Wellington Has Higher Fee Percentages… Timnath Has Lower Fee Percentages *Does not include raw water Fort Collins Fee Stack Median New Home Sales 21 Fort Collins Fees & Code Cost Impact is Leveling % of Median New Home Sales Price *Without raw water Why Do We Have Impact Fees 22 Capital Expansion Fees • New developments pays a proportionate share of infrastructure costs to “buy-in” to the level of service • Fee revenue used to build new service capacity • In place since 1996 Transportation Capital Expansion Fees • New development contributes toward the construction of arterial and collector roadways needed per growth • Fee revenue used to build out additional infrastructure • In place since 1979 Utility Plant Investment Fees • Provides a mechanism for new development to reimburse existing utility customers for existing infrastructure • Fee revenue used to build additional infrastructure The concept of growth paying for the impact of growth is a policy decision that City Council made and continues to support Fee Revenue Used to Add Infrastructure Needed Because of Growth Example 23 Fees Provides a Revenue Source to Maintain Current Levels of Service Community Parks: • Acres of parks per capita is a measure of level of service • The goal is to maintain acres of parks per capita • As growth occurs, new parks must be added, or park service levels decline • A Community Parks Impact Fee generates only designated revenue used to build the next community park and to maintain the existing level of service Capital Expansion Fees: • Community parks • Neighborhood parks •Fire • Police • General government CEF Audit Review Findings: Expenditures on Parks Neighborhood Parks: • Approximately $387k of expenditures questioned • Each expenditure analyzed – findings: • $257k related to 2 year warranty period • Utilities, Raw water, replaced failed equipment, landscaping, etc. • Expenditures for future parks • $130k related to improvements to existing park 24 Park 2 Yr Maint / Start Up Equip / Work Existing Parks Water's Way $ 211,000 Trailhead $ 18,000 Registry $ 4,000 Radiant $ 13,000 Maple Hill $ 11,000 Lee Martinez $ 4,000 Avery $ 88,000 Other Parks $ 38,000 Total $ 257,000 $ 130,000 CEFs & TCEFs 2017 Recommendation 25 *Prior Fees January 1, 2017 – September 30, 2017 Fire fees updated July 2018 to reflect calculation error 2017 Fee Recommendation: • Asset values reflect higher construction costs • Population & dwelling units per latest census • Land values reflect higher land cost Full Fees proposed in 2017 Land Use Type Unit N'hood Park Comm. Park Fire Police Gen. Gov't Transp. Total Previous Total* % Change Full Fees Residential, up to 700 sq. ft. Dwelling $1,721 $2,430 $421 $236 $574 $2,205 $7,587 $5,059 50% Residential, 701-1,200 sq. ft. Dwelling $2,304 $3,253 $570 $319 $774 $4,095 $11,315 $6,182 83% Residential, 1,201-1,700 sq. ft. Dwelling $2,516 $3,552 $620 $347 $845 $5,317 $13,197 $7,574 74% Residential, 1,701-2,200 sq. ft. Dwelling $2,542 $3,589 $630 $352 $858 $6,217 $14,188 $7,762 83% Residential, over 2,200 sq. ft. Dwelling $2,833 $4,001 $701 $392 $955 $6,664 $15,546 $8,094 92% Commercial 1,000 sq. ft. 00 $531 $297 $1,451 $8,113 $10,392 $13,241 ‐22% Office and Other Services $531 $297 $1,451 $5,977 $8,256 $9,071 ‐9% Industrial/Warehouse 1,000 sq. ft. 00 $124 $69 $342 $1,929 $2,464 $1,439 71% CEFs & TCEFs Fees Phasing 26 Fire fees updated July 2018 to reflect calculation error • Step I changes adopted Oct. 1, 2017: • 75% of CEFs • Option B TCEFs • Step II changes proposed: • 90% of CEFs • Option A TCEFs 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. $1,439 $2,000 $2,411 $2,464 71% 39% 21% 2% Capital Expansion Fees Step II 27 • Approximately 20% increase from current fee levels • Proposed fee increases (Step II) are 90% of full fee levels recommend in 2017 • Current fees (Step I) are 75% of full fee levels recommended in 2017 Fire fees updated July 2018 to reflect calculation error Step II - 90% of full fee levels Land Use Type Unit N'hood Park Comm. Park Fire Police Gen. Gov't Step II Total Current Total % Increase Residential, up to 700 sq. ft. Dwelling $1,549 $2,187 $379 $212 $517 $4,844 $4,018 21% Residential, 701-1,200 sq. ft. Dwelling $2,074 $2,928 $513 $287 $697 $6,498 $5,387 21% Residential, 1,201-1,700 sq. ft. Dwelling $2,264 $3,197 $558 $312 $761 $7,092 $5,879 21% Residential, 1,701-2,200 sq. ft. Dwelling $2,288 $3,230 $567 $317 $772 $7,174 $5,949 21% Residential, over 2,200 sq. ft. Dwelling $2,550 $3,601 $631 $353 $860 $7,994 $6,627 21% Commercial 1,000 sq. ft. $0 $0 $478 $267 $1,306 $2,051 $1,709 20% Industrial/Warehouse 1,000 sq. ft. $0 $0 $112 $62 $308 $482 $402 20% 28 Transportation Capital Expansion Fees Option A Based on the City’s current Capital Improvement Plans: • Option B does not increase program revenue, provides approximately 80% of necessary funding to mitigate proportional impacts of development • 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 Option A Land Use Type Unit Option A Option B % Increase Residential, up to 700 sq. ft. Dwelling $2,205 $1,827 21% Residential, 701-1,200 sq. ft. Dwelling $4,095 $3,392 21% Residential, 1,201-1,700 sq. ft. Dwelling $5,317 $4,404 21% Residential, 1,701-2,200 sq. ft. Dwelling $6,217 $5,150 21% Residential, over 2,200 sq. ft. Dwelling $6,664 $5,520 21% Commercial 1,000 sq. ft. $8,113 $6,721 21% Office and Other Services $5,977 $4,951 21% Industrial/Warehouse 1,000 sq. ft. $1,929 $1,598 21% 29 Water PIFs Water Rate Class Criteria Current Charge 2019 Charge $ Change % Change Residential Single Family 8600 sq ft $3,558 $3,826 $268 7.5% Duplex & Multi-family 3435 sq ft $1,364 $1,423 $59 4.3% Commercial 3/4 Inch by tap size $7,180 $7,940 $760 10.6% 1 Inch by tap size $20,040 $20,960 $920 4.6% 1 1/2 Inch by tap size $43,760 $43,520 ($240) -0.5% 2 Inch by tap size $67,760 $72,470 $4,710 7.0% 30 Wastewater PIFs Wastewater 2017 2019 Change in Customer Class Volume Volume Volume Proposed % GPD GPD GPD Charge Change Residential 250 231 -7.6% $ 3,537 1.2% Duplex / Multi-family 180 169 -6.1% $ 2,588 2.8% Commercial (meter size) 3/4 510 491 -3.7% $ 7,518 5.5% 1 1,230 1,081 -12.1% $ 16,553 -3.7% 1.5 2,390 2,072 -13.3% $ 31,728 -5.0% 2 4,230 4,298 1.6% $ 65,813 11.3% 31 Stormwater PIFs Stormwater Rate Class Current 2019 $ Change % Change Residential Gross Area Developed (sq ft) 8,600 8,600 Common Area Allocation (sq ft) 6,156 6,156 Base Rate (per acre*) $8,217 $9,142 Runoff Coefficient 0.5 0.5 Total Fee $1,392 $1,548 $157 11.3% Commercial Gross Area Developed (sq ft) 43,560 43,560 Base Rate (per acre*) $8,217 $9,142 Runoff Coefficient 0.8 0.8 Total Fee $6,574 $7,314 $740 11.3% When Are Impact Fees Locked In? 32 • All 6 CEFs locked in at time of building permit application • Utility PIFs (5) fees assessed at time of payment (not locked in) • Building permit application • Lock in impact fees - expect 5 utility fees Conceptual Design Pre-Hearing Review & Public Hearing Final Plan Review Final Documents Certified & Recorded Full Building Permit Review Building Inspections & Completion Development Review Flowchart • Building permit pulled • Pay impact fees • Development review fees paid prior to building permit application Building Permit Applications June 2017 through July 2018 33 • CEFs & TCEFs determined at time of completed building permit application • Spike in building permit applications prior to fee increases in October 2017 • Estimated lost revenue Oct 17-Jul 18 - $600k Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Finance Committee Meeting Minutes 09/17/2018 10 am - noon CIC Room - City Hall Council Attendees: Mayor Wade Troxell, Ross Cunniff, Ken Summers (via phone) Staff: Darin Atteberry, Kelly DiMartino, Jeff Mihelich, Mike Beckstead, Wendy Williams, John Duval, Ginny Sawyer, Laurie Kadrich, Noelle Currell, Tim Kemp, Kyle Lambrecht, Jennifer Poznanovic, Lawrence Pollack, Tyler Marr, Katie Ricketts, Andres Gavaldon, Zack Mozer, Lance Smith Others: Fee Working Group members; Diane Cohn, Will Flowers, Linda Stanley, Ragan Adams, Rebecca Hill, Doug Braden and Moira Bright. Dale Adamy, R1ST.org, Kevin Jones, Chamber of Commerce, Rusty McDaniel, Asst. Larimer County Engineer, Traci Shambo, Larimer County Development Review Manager ____________________________________________________________________________________ Meeting called to order at 10:06 am Approval of Minutes from the August 20th Council Finance Committee Meeting and the Special Council Finance Committee Meeting on September 5th. Ross Cunniff move for approval of minutes from both meetings. Mayor Troxell seconded the motions. Minutes were approved unanimously. A. Fee Review - Fee Team Report - Total Impact Jennifer Poznanovic, Revenue & Project Manager SUBJECT FOR DISCUSSION Impact Fee Working Group Findings & Recommendations EXECUTIVE SUMMARY Since the fall of October 2016, staff has worked to coordinate the process for updating all new development related fees that require Council approval. The 2017 CEFs and TCEFs full fee proposals showed significant increases from the previously approved fees. Due to the concern in the development and building community around impact fee changes, 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 commenced in August of 2017, comprised of a balanced group of stakeholders – City staff, business-oriented individuals, citizens 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 ATTACHMENT 2 2 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. • 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. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Next Steps: • November 13th: Council Work Session • December 4th & 18th: Ordinance readings • 2019: Utility Fees, Development Fees & Step III for CEFs Feedback & Questions from Council Finance Committee BACKGROUND/DISCUSSION • Impact Fee Working Group Position Paper • 3rd Party Impact Fee Audit Discussion / Next Steps: Mike Beckstead; team validated that our fees are so complex - hard to convey details in a meaningful way in a 20 minute presentation. Challenge of what we are still faced with is how to communicate this to the community. 3 Question came out of discussion was -how we use the fees and expenditures Through detail analysis we agreed that $130K was misapplied due to a misunderstanding – they thought park impact fees could be used to put new things in existing parks. Ross Cunniff; we talked about that at a Council meeting. Darin Atteberry; really important - we did discuss it but it requires more context. Mike, can you take a few minutes and provide some background. Mike Beckstead; This was a combination of the Building Board and Board of Realtors - they received a grant of $25K and hired a company out of Phoenix to do the audit review. They asked for 5 years of revenue coming into capital expansion and funds coming out - peer review / audit of the way we calculate, collect and spend fees - they looked at 5 years of data which included approximately $54M in total – they spent quite a bit of time with it and we provided written responses to each of their concerns. Code says it ok to use fees for overhead costs in parks planning but there was a philosophy that they would prefer that not to be -they did acknowledge that is the way code is written so that is an acceptable way to use fees. With that summary, we provided the report back to the Board of Realtors and the Building Board – they reviewed and agreed that it should be shared in this report and publicly. It was a very appropriate and very meaningful action which very strongly validates the integrity of our systems. Ross Cunniff; best practice going forward - fee collections - we did find .25% and now we can take action to rectify that - keep everything above board Darin Atteberry; how do we fold in an outside review similar to what was done here? I see this as good news and it should be shared. Thanks to all of the team members doing this on a daily basis. As Ross said - we move forward with this lesson learned - to have some sort of review like this every x number of years Mike Beckstead; we will figure out how to integrate that into the schedule that Jennifer discussed earlier – maybe after the next cycle of fee inputs in 2021 - Mayor Troxell; how specialty is this type of audit? Could this be part of our regular fiscal audit? Mike Beckstead; we could look into that. Mike Beckstead; the economic data looks at communities that allow amenities to be built - amenities are part of what creates the flywheel of desire and value in a community - without these it becomes a less attractive community so the multiplier esp on higher value homes – the value of fee adds to value of property to a greater degree - this is the Policy choice of Council in terms how we pay for these – it clearly adds to the price of the home too - it has a multiplier effect that is positive . Mike Beckstead; as the team turned over a bit - Will and Doug stepped in and they shared that they were hearing from their organizations that we were raising fees because we were on the low end of the scale in the lower quadrant – somehow all of the work we did to show we were competitive was misinterpreted and somehow got lost in that discussion. 4 Ross Cunniff; one nuance – you could look at design of our parks and look at the implications on on-going maintenance and refresh - change the master design - go back into the fee calculation Mike Beckstead; we had a conversation a few years ago about a park maintenance fee - $1 per month per resident which would help fund maintenance - set it aside – we did talk about a park maintenance fee and a trail maintenance fee – those discussions - we may want to come back and have a conversation- do we want to have a dedicated funding stream. Back up slide below illustrates when impact fees are locked in – this addresses Ross Cunniff’s earlier request for analysis - Permits - October timeframe - fees change - permit applications – active applications – rolling kind of number Ross Cunniff; we have to either build $600K less of amenities or have less in General Fund (time = money) 5 Data has to back that up - more people in larger homes – 2015 census data would give us a higher slope on that line - When we update CES again in 20 -21 that is something we would be looking at - expanding those categories Ross Cunniff; I read through the report – the duration of time that a house is supposed to be affordable - tie the waiver to a better outcome – from a 20 - to 40-50 year horizon. Mike Beckstead; there is a commission working on that - we will share this data with the Affordable Housing Taskforce. Mike Beckstead; The period of notification that fees are changing - we have been having this dialog for the last 2 ½ years – Council said let’s do this in steps - our communication with the community – there has been a 2 year dialog going on so that notification has been occurring from our perspective – one of the feedbacks we are going to hear from the community - to allow for more time to get ready for fee changes – that will be Council’s call but that is what we are hearing in our outreach as feedback. Mayor Troxell; fee stacking - is there some comparative analysis of overall fee stacking against other jurisdictions Mike Beckstead; we didn’t bring it with us but we have been using that data - we look at how our fees and fee stacking compare to other Front Range communities; Timnath, Wellington, Loveland and Fort Collins. Ross Cunniff; using insurance industry standard saves community $$, productivity loss, yes, this adds to the fee stack but we think impact on health and safety- Mayor Troxell; it puts us in the lower half of the fee stack – looking at building, utility and capital 6 Mike Beckstead; with this update we would be right in the middle – we don’t have cost of code included in this comparison because we don’t know what their cost of code is. We looked at our cost of code over time – median home prices – has been right in the 10% range Ross Cunniff; I would like to add my thanks to the committee members and the staff who participated – I think it ended up being a much more involved task than we thought it would be Mayor Troxell; I add my thanks - this is an excellent piece of work with a lot of complexity - illustrates the kinds of questions that were being asked by many over a long time are now answerable. B. Partnership Fee Update – Regional Road Fee & School PILOs Update Ginny Sawyer, Senior Project Manager Kyle Lambrecht, Civil Engineer III Tim Kemp, Interim Capital Projects Manager EXECUTIVE SUMMARY The purpose of this item is to present and discuss updates to the Larimer County Regional Road and School District fees. These fees are considered “partnership” fees; fees collected by the City of Fort Collins on behalf of Larimer County and the Poudre and Thompson School Districts, respectively. The County has made fee adjustments to the Regional Road Fee which will need to be considered by the City Council. Currently, adoption of the Regional Road Fee is aligned with the City’s Capital Expansion Fees which are considered annually in December. The School District agreements are set to expire on December 31, 2018. Staff from the City and each District have been working on minor revisions to the Intergovernmental Agreements which will come before Council for consideration, before the end of 2018. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the Council Finance Committee have any additional questions regarding the fees or the timing of the updates? BACKGROUND/DISCUSSION Regional Road Fee In 2000, the City and Larimer County entered into an Intergovernmental Agreement (IGA) authorizing the City to collect a Regional Road Fee on behalf of Larimer County. The fee is collected at the time a building permit is issued. The Regional Road Fee helps generate revenue for road improvements on regionally significant roadways that are necessitated by new development. The fees are only used on capacity related improvements that are of mutual benefit to both the City and Larimer County. Since 2000, the City and Larimer County have partnered to design and construct several projects along regionally significant roadways; including improvements to Taft Hill Road, Shields Street, and the Shields Street/Vine Drive intersection. City and County staff continue to plan for future improvements, recognizing opportunities for 7 additional improvements along regionally significant corridors. Since 2000, $6,023,061 in regional road fees has been collected. The Larimer County Land Use Code specifies that its Regional Road Fees must be updated annually to reflect changes in road construction costs during the previous year. The updated fees typically become effective on the first day of July. Unless a fee study recommends otherwise, the standard fee adjustment methodology is based on a two-year moving average calculated from the Colorado Construction Cost Index data compiled by the Colorado Department of Transportation. The most recent Regional Road Fee schedule formally adopted by the City of Fort Collins was the 2015 fee schedule. In April 2018, the County completed a study recommending changes to the program’s fee calculation methodology, including: • Basing transportation capital expansion fees for residential developments on dwelling size as opposed to dwelling type. • Revising the fee methodology to use Vehicle Miles Travelled (VMT) as the basis for determining impact, instead of trips generated. This change more accurately ties the fee to demand on the transportation system. The use of vehicle miles traveled to determine impacts to a municipality’s transportation network is considered a best management practice by the infrastructure financing strategies industry. This methodology shift results in a new fee schedule for the Regional Road Fees: Development Type 2018 Regional Road Fee 2015 Regional Road Fee Increase or Decrease Percent Change Residential (per dwelling) by Finished Square Foot of Living Space 900 or less $163 $211 ($48) (23%) 901 to 1300 $228 $211 $17 8% 1301 to 1800 $275 $302 ($27) (9%) 1801 to 2400 $322 $302 $20 7% 2401 to 3000 $361 $302 $59 20% 3001 to 3600 $393 $302 $91 30% 3601 or more $420 $302 $118 39% Non-Residential (per 1000 Square Feet of Floor Area) Industrial $100 $257 ($157) (61%) Commercial $422 $837 ($415) (50%) Office & Other Services $248 $432 ($184) (43%) In general, regional road fees for single family detached homes will increase while regional road fees for non- residential developments will decrease. The revised Regional Road fees were adopted by Larimer County in July 2018. Under the City Code, changes in the County fee schedule do not take effect in the City until the City Council approves a new fee schedule. Currently, consideration for adoption of the partnership fees is aligned with consideration for adoption of the City’s Capital Expansion Fees. City Capital Expansion Fees are considered for adoption annually in December. The County is aware of this adoption schedule. 8 School District Fees In 1998, the City of Fort Collins and Thompson and Poudre School Districts entered into Intergovernmental Agreements (IGAs) regarding land dedication for new developments, including a provision for fees-in-lieu of land dedication. Fees are based on a number of factors including school site size, student population projections, enrollment capacities of each type of school (elementary, junior high and high schools), and the cost of developed land within the school district. Site sizes and enrollment capacities are set by School District policy. Both IGAs were set to expire in April 2018. City Council and each School Board adopted resolutions to extend the agreements through December 31, 2018. Staff have been working with each entity to review and update the IGAs. Currently no fee changes are scheduled. The last Poudre School District fee review and change was in 2013. The last Thompson School district fee review and change was in 2006. Collections since 2000 are as follows: Poudre School District Thompson School District Paid Paid Document Type PV Document Type PV Row Labels Sum of Actual Amount Row Labels Sum of Actual Amount 2000 684,858 2000 47,810 2001 799,629 2001 82,104 2002 964,309 2002 184,386 2003 993,659 2003 292,402 2004 582,358 2004 163,948 2005 658,100 2005 150,284 2006 639,925 2006 4,782 2007 532,629 2007 5,571 2008 663,989 2008 55,891 2009 256,217 2009 51,728 2010 335,649 2010 35,393 2011 703,448 2011 21,780 2012 753,304 2012 164,714 2013 1,526,988 2013 107,540 2014 1,554,501 2014 70,786 2015 1,378,632 2015 21,537 2016 1,530,257 2016 5,688 2017 1,642,226 2017 21,780 2018 875,020 2018 5,445 Grand Total 17,075,697 Grand Total 1,493,571 9 Discussion / Next Steps; Mayor Troxell; County assumptions are probably different Kyle Lambrecht; They use different factors / trip lengths Mayor Troxell; APP - does that come out of this fee? Ross Cunniff; my understanding if that APP comes out of the total cost Mike Beckstead; my guess is $11m - 1% irrespective of funding source - Federal Projects can’t do APP and I am not sure this is excluded Ross Cunniff; Do you have a methodology on how you assess? Do we take into account the regional people using this in addition to residents? Tim Kemp; Rusty McDaniel and Traci Shambo are here from the County staff - How we are assessing how much of the regional road fees go to projects. We are trying to accumulate as much as we can and put it to each project - not based on a set methodology. Can we match a grant? How much is the County putting in? Ross Cunniff; some are well outside the city limits - not used as much by city residents – my suspicion is that it varies by project – the amount that we spend city versus regional -The future project of Horsetooth and Taft Hill – very strongly city resident driven vs. Shields/Willox /287 - destinations outside city limits. Thinking ahead to really big projects like Vine / Lemay overpass – we aren’t actually capturing the cost - we don’t have a mechanism – the cost of the new regional buildout Darin Atteberry; these capital projects are primarily -they are not typically expanded in the city limit Vine / Lemay - lots of trips destined outside the city limits -Vine /Lemay is not part of the calculation For regional - Point is a really good one – these facilities are heavily used by residents living inside and out of the city limits / GMA. We should think about a more systematic approach to how we calculate these. Each one of these projects is unique - a big sticky - I think it is important to have our normal methodology documented – what is our starting point? so it is not a customized one off - having some sort of documentation of what our process is – first and foremost, outside grants, state grants. We go through this process – understanding the uniqueness of projects but this really should be standard operating policies round how we do this Ross Cunniff; we are not even coming close to recognizing the cost of the GMA - even with this fee structure Darin Atteberry; includes this build out number – no different than the conversation about this is only their water utility now – it is about water across the GMA – this isn’t only about the impact to the General Fund it is making sure the facilities are being built to provide for future growth - that our vocabulary includes this Mayor Troxell asked about comparables -who do we benchmark against - the other jurisdictions are considering a broad impact fee - my understanding is - when you look at our stack – there has to be an * on part of it - we 10 have been arguing this philosophy since this was put in place by Council – from a regional policy standpoint, It doesn’t make sense that this isn’t occurring in other communities as well. Important to share that message back That other jurisdictions don’t have these – results in less efficiency region wide. Ross Cunniff; beyond efficiency - fairness is the driver Darin Atteberry; if not this, what other mechanism is being used? Mayor Troxell; GMA - it is a complete streets framework Kyle Lambrecht; I can’t speak to County but I know with the City we do look at complete streets basing our costs on complete. Regional roads - impact fees can only be used for capacity improvements including vehicles and multimodal. Tim Kemp; with the majority of these projects we did add bike lanes, curbs and gutters, sidewalks and intersection improvements. Ross Cunniff; would 287 sidewalks have been eligible? Tim Kemp; that is on the CDOT right-of-way so we didn’t participate in that - city and county fee collection that we share - City transportation capital expansion fee is adding to that project Mayor Troxell; Do you mean wider street with paint or grade separated for bike lanes? Tim Kemp; to date it has been a wider street with paint Mayor Troxell; looking at Mulberry Street - grade separated - how do we go forward with a safer system? What do we mean by complete streets? Where we are going with bike infrastructure? Denver example in the RiNo District - a wider sidewalk up - marked with green - more of a bike / pedestrian realm instead of bike / car. How do we get to that sort of thinking? Tim Kemp; only a difference in terminology - we call them protected bike facilities - with our current standards – our revised plans - example - Suniga between College and Blondel has a protected bike lane - peds and bikes are up on sidewalks - we will continue to look at it with the County. Mike Beckstead; hearing some follow up on documentation of methodology and how we share costs School District PILO Fee Update Ginny Sawyer, Senior Project Manager 11 Ginny Sawyer hasn’t heard from either district that they are ready - Thompson schools within the GMA - Coyote Ridge - Developers can dedicate land or payment in lieu of - we are working on the new IGAs and will be bringing them forward before the end of the year. Response to question from Councilmember Ross Cunniff regarding the full fee schedule for school district PILO fees was provided by Ginny Sawyer on September 25th and is included below; Poudre School District Impact Fee (per dwelling unit) Single Family Detached or 2 – 4 attached dwelling units $ 1,710.00 5 or more attached dwelling units $ 855.00 Thompson School District Impact Fee (per dwelling unit) Single Family Detached or 2 – 4 attached dwelling units $ 1,382.00 5 or more attached dwelling units $ 946.00 Mayor Troxell; the data from Thompson (schools in the GMA) goes back to 2006 - Do you see equity between the two school districts going forward? Ginny Sawyer; we contact them regularly to request updated information but have not received to date. There is limited development in the GMA areas that are part of Thompson. The schools districts are both equally stretched to have this sort of thing rise to the surface and get it done. We just picked per dwelling as an example. Each district has to vote - you have to get the state legislature to weigh as well. C. Year End Adjustment Ordinance (used to be called Clean Up Ordinance) Lawrence Pollack Budget Director SUBJECT FOR DISCUSSION First Reading of Ordinance No, 2018, Appropriating Unanticipated Revenue and Prior Year Reserves in Various City Funds. 12 EXECUTIVE SUMMARY The purpose of this Annual Adjustment Ordinance is to combine dedicated and unanticipated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore, not included in the 2018 annual budget appropriation. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED • What questions or feedback does the Council Finance Committee have on the 2018 Annual Adjustment Ordinance? • Does the Council Finance Committee support moving forward with bringing the 2018 Annual Adjustment Ordinance to the full City Council? BACKGROUND/DISCUSSION This Ordinance appropriates unanticipated revenue and prior year reserves in various City funds and authorizes the transfer of appropriated amounts between funds and/or projects. The City Charter permits the City Council to appropriate unanticipated revenue received as a result of rate or fee increases or new revenue sources, such as grants and reimbursements. The City Charter also permits the City Council to provide, by ordinance, for payment of any expense from prior year reserves. Additionally, it authorizes the City Council to transfer any unexpended appropriated amounts from one fund to another upon recommendation of the City Manager, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which they were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. If these appropriations are not approved, the City will have to reduce expenditures even though revenue and reimbursements have been received to cover those expenditures. The table below is a summary of the expenses in each fund that make up the increase in requested appropriations. Also included are transfers between funds and/or projects which do not increase net appropriations, but per the City Charter, require City Council approval to make the transfer. A table with the specific use of prior year reserves appears at the end of the AIS. Funding Unanticipated Revenue Prior Year Reserves Transfers between Funds TOTAL General Fund $590,612 $1,263,154 $0 $1,853,766 Benefits Fund 426,000 0 0 426,000 Capital Projects Fund 37,838 0 0 37,838 Equipment Fund 1,682,645 0 0 1,682,645 GID #1 Fund 0 60,000 0 60,000 GID #15 (Skyview) Fund 0 30,000 0 30,000 Natural Areas Fund 51,472 0 0 51,472 Transportation Fund 38,850 841,038 0 879,888 Water Fund 15,540 45,000 0 60,540 GRAND TOTAL $2,842,957 $2,239,192 $0 $5,082,149 13 A. GENERAL FUND 1. The City received one metropolitan district application for its review and consideration. As per City policy, one application was accompanied by a non-refundable application fee of $2,000 and a deposit of $10,000 and three applications were accompanied by a non-refundable application fee of $2,000 and a deposit of $5,000 to be utilized for the reimbursement of staff, legal and consultant expenses. FROM: Unanticipated Revenue (application fees) $33,000 FOR: Reimbursement of staff, legal and consultant expenses $33,000 2. Environmental Services sells radon test kits at cost as part of its program to reduce lung cancer risk from in-home radon exposure. This appropriation would use test kit sales revenue for the purpose of restocking radon test kits. FROM: Unanticipated Revenue (from radon kit sales) $4,102 FOR: Radon Test Kits $4,102 3. This request is intended to cover expenses related to land bank property maintenance needs for 2018. As expenses vary from year-to-year, funding is requested annually mid-year to cover these costs. Expenses for 2018 include general maintenance of properties, raw water and sewer expenses, electricity and other as applicable. FROM: Prior Year Reserves (Land Bank reserve) $21,000 FOR: Land Bank Expenses $21,000 4. The Parks department received a donation for the 4th of July Fireworks at City Park and unanticipated donation for the Forestry Division for trees. This request appropriates those donations. FROM: Unanticipated Revenue (donations) $30,424 FOR: 4th of July Celebration $25,000 FOR: Tree Purchases $5,424 5. The Community and Public Involvement Office (CPIO) has received additional franchise fees from Comcast after a mid-franchise financial audit of Comcast per Section 3.6 of the agreement between The City and Comcast. This revenue has been received and equipment will be purchased this year. FROM: Unanticipated Revenue (audit recovery) $28,000 FOR: Fort Collins Public Media equipment & technology $28,000 6. The City is engaging Corona Insights to conduct a research study focused on the current housing market, neighborhood quality, and the impacts of the occupancy ordinance and received additional funding of $10,525 from the Fort Collins Board of Realtors to fund the study. FROM: Unanticipated Revenue (donation) $10,525 FOR: Occupancy Study $10,525 7. As required by law, Chief Judge Lane appointed defense counsel to represent certain defendants on traffic and non-traffic misdemeanor cases at the expense of the City. She has appointed defense counsel to 151 cases from January through the end of July 2018. The fee paid by the City for such representation is billed at the rate of $75/hour up to a maximum of $1,675 per case if the case does not go to trial, or $2,480 if the case goes to trial. The Court's original budget for these services was $44,060, which has 14 been exceeded to-date. The number of appointments being made has increased significantly due to a change in state law that occurred after our budget offers for 2017-2018 had been submitted. The Municipal Court is requesting the use of reserves of $32,000 to meet the anticipated cost increase for this required service. FROM: Prior Year Reserves (General Fund) $32,000 FOR: Court-Appointed Defense Counsel costs $32,000 8. On March 6, 2018, Resolutions 2018-021/022 authorized Chief Judge Lane to hire and appoint Temporary Judges to hear civil case(s) filed into Municipal Court. No additional funding for personnel costs was appropriated for the Court's budget at that time. On April 3, 2018, a civil case with multiple parties was filed into Municipal Court. Chief Judge Lane appointed a Temporary Judge to hear this case. The case is complex with 31 individual filings to date and may not be completed until Fall 2018. This request covers the estimated personnel costs associated with Judge Hamilton-Feldman hearing this case through completion. FROM: Prior Year Reserves (General Fund) $5,000 FOR: Personnel Costs for Temporary Judges to Hear Civil Cases $5,000 9. Fort Collins Police Services (FCPS) has received revenue from various sources and is also requesting the use of reserves, to be appropriated to cover the related expenditures. A listing of these items follows: a. $36,934 – 2018 Beat Auto Theft Through Law Enforcement (BATTLE) Grant - In 2018 Police Services was awarded a Beat Auto Theft Through Law Enforcement (BATTLE) grant from the State to pay for officers to work overtime to conduct enforcement activities. b. $5,000 – 2018 Click It or Ticket (aka Seatbelt) Grant - In 2018 Police Services was awarded a Click it or Ticket grant from the Colorado Department of Transportation to pay for officers to work overtime to conduct enforcement activities. c. $600,000 – Police Collective Bargaining Unit Costs - Since the 2018 Collective Bargaining Unit costs are established after the 2018 budget was put in place, this adjustment requests additional funding to cover some of the additional costs agreed in the Collective Bargaining Agreement. d. $160,241 - As a part of the movement of the Northern Colorado Drug Task Force to Larimer County, who is now the fiscal agent, this appropriation would allow the department to send the State Asset Forfeiture reserve fund balance to Larimer County. e. $11,818 – 2018 High Visibility Impaired Driving Enforcement (HVE) Grant – In 2018 Police Services was awarded a High Visibility Impaired Driving Enforcement grant from the Colorado Department of Transportation to pay for overtime for DUI enforcement during specific holiday time periods. f. $33,552 – 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Grant - In 2018 Police Services was awarded a Justice Assistance Grant (JAG) grant from the Department of Justice to help offset some of the overtime costs for officers who work at the Northern Colorado Drug Task Force. These funds are not shared with our partners and are exclusive to the City of Fort Collins, as City of Loveland and Larimer County have received their own respective grant awards. 15 g. $75,687 – Sale of Police records and other miscellaneous revenue - FCPS received revenue from the sale of Police reports along with other miscellaneous revenue. h. $308,744 – Police Overtime Reimbursement - Police Services helps schedule security and traffic control for large events. Since these events are staffed by officers outside of their normal duties, officers are paid overtime. The organizations that request officer presence are billed for the costs of the officers' overtime. 2018 activities included CSU football games, Tour de Fat, Brew Fest, New West Fest and other events. Additionally, FCPS partners with Larimer County to staff events at The Ranch. i. $2,500 - Shop with a Cop Grant - The program pairs volunteers from regional emergency services with local children whose families are facing severe financial difficulties and limited/no housing. Children selected by the McKinney Foundation (through the Poudre School District), are given gift cards to purchase gifts for their immediate family members. Emergency personnel shop with them, building bonds and providing assistance. TOTAL APPROPRIATION FROM: Unanticipated Revenue (2018 BATTLE Grant) $36,934 FROM: Unanticipated Revenue (2018 Click it or Ticket Grant) $5,000 FROM: Prior Year Reserves (Police Collective Bargaining Unit Costs) $600,000 FROM: Prior Year Reserves (Northern Colorado Drug Task Force) $160,241 FROM: Unanticipated Revenue (HVE Grant) $11,818 FROM: Unanticipated Revenue (JAG Grant) $33,552 FROM: Unanticipated Revenue (Miscellaneous) $75,687 FROM: Unanticipated Revenue (Overtime Reimbursement) $308,744 FROM: Unanticipated Revenue (Shop with a Cop Grant) $2,500 FOR: 2018 BATTLE Grant $36,934 FOR: 2018 Click it or Ticket Grant $5,000 FOR: Transfer of reserve funding to Larimer County $160,241 FOR: 2018 HVE Grant $11,818 FOR: 2018 JAG Grant $33,552 FOR: Police Services $984,431 FOR: Shop with a Cop Grant $2,500 10. This grant was awarded from the Colorado Restorative Justice Coordinating Council to update and translate all Restorative Justice documents from English to Spanish, and to provide a three-part training in equity and inclusion for all Restorative Justice/Mediation staff and volunteers. FROM: Unanticipated Revenue (grant) $10,326 FOR: Restorative Justice/Mediation expenses $10,326 11. This request is to appropriate $444,913 to cover the payment of 2017 Manufacturing Equipment Use Tax rebates (MUTR) made in 2018. In accordance with Chapter 25, Article II, Division 5, Manufacturing Equipment Use Tax Rebates were paid out in July 2018. The rebate program was established to encourage investment in new manufacturing equipment by local firms. Vendors have until December 31st of the following year to file for the rebate. This item appropriates the use tax funds to cover the payment of the rebates. FROM: Prior Year Reserves (Manufacturing Use Tax Rebate) $444,913 16 FOR: Manufacturing Use Tax Rebates $444,913 B. BENEFITS FUND 1. The Human Resources department was awarded a Worksite Wellness grant from Tri-County Health Department to fund fitness testing equipment for an employee fitness testing program. FROM: Unanticipated Revenue (grant) $1,000 FOR: Fitness testing equipment for an employee fitness testing program $1,000 2. This appropriation request is to fund unanticipated expenditures for the City's 2018 Stop Loss Insurance plan. In 2016 and a portion of 2017, the City experienced excessive high-dollar medical claims that resulted in 40% cost increases to its Stop Loss insurance plan for 2017 and 2018. The City was able to absorb the cost increase in 2017 from pharmaceutical savings and a favorable medical claims performance year. Through July 2018, medical claims performance is on par with budget and is projected to come in under budget by year-end to once again help absorb the Stop Loss cost overage. However, medical claims activity in 3rd and 4th quarters has historically been very volatile. This request of $425,000 from unanticipated revenues in the Benefits Fund will aid in covering 2018 Stop Loss insurance plan costs in the event that any underspend from medical claims cannot fully absorb the Stop Loss overage. FROM: Unanticipated Revenue (premium fees) $425,000 FOR: Stop Loss insurance plan $425,000 C. CAPITAL PROJECTS FUND 1. As a part of recent development on North College, repayment funds were received from the developer for their local street obligation for the improvements that were completed by the City. Generally, these funds go back into the nearest capital project on the same corridor. The funds are necessary to complete the North College Pedestrian Connection Project. FROM: Unanticipated Revenue (contributions in aid) $10,444 FOR: North College Pedestrian Connection Project $10,444 2. The Gardens on Spring Creek seeks to appropriate unanticipated donations designated for capital construction of the Visitor's Center expansion and garden expansion projects. FROM: Unanticipated Revenue (donations) $27,394 FOR: Gardens on Spring Creek Capital Project $27,394 D. EQUIPMENT FUND 1. This revenue is from the Alt Fuels Colorado ($145,600) and Charge ahead ($11,394) grant programs administered by the State Energy Office and the Regional Air Quality Council. Alt Fuels Colorado provides 80% reimbursement on the incremental cost of Natural Gas vehicles, while the Charge ahead provides infrastructure for vehicle charging stations. FROM: Unanticipated Revenue (grants) $156,994 FOR: Vehicle charging stations $156,994 2. These funds are from rebates from energy efficiency lighting projects at various City Facilities from Fort 17 Collins Utilities and Platte River Power Authority. This revenue will be used for additional energy efficiency and solar projects in 2018. FROM: Unanticipated Revenue (rebates) $25,651 FOR: Energy efficiency and solar projects $25,651 3. These funds represent the insurance proceeds from the July 2018 Hail Storm that damaged 370 City Fleet vehicles. The repairs are all expected to be completed this year. FROM: Unanticipated Revenue (insurance proceeds) $1,500,000 FOR: City Fleet vehicles $1,500,000 E. GENERAL IMPROVEMENT DISTRICT #1 FUND 1. The Downtown GID has $25,000 allocated to sidewalk improvements annually to cover areas of sidewalk that may need to be removed/repaired or replaced. This year the brick sidewalk in front of the Opera Galleria was identified as a sidewalk in need of repair. Due to the length of the repair needed, additional budget is required to fully repair/replace the sidewalk. FROM: Prior Year Reserves (GID #1) $60,000 FOR: Opera Galleria sidewalk repair $60,000 F. GENERAL IMPROVEMENT DISTRICT #15 (SKYVIEW) FUND 1. The Skyview GID will be getting asphalt work done in 2019 per the current Street Maintenance Program schedule. Historically, work has been completed to upgrade sidewalks one year in advance of asphalt to not create a "backup" in the repair/replacement process (laying asphalt goes much faster than concrete repairs and when done in the same year, the asphalt crews end up being stalled by the concrete work being done in front of them). This request is to complete the concrete work in the Skyview South GID in 2018 prior to asphalt work in 2019. FROM: Prior Year Reserves (GID #15) $30,000 FOR: Concrete work in the Skyview South GID $30,000 G. NATURAL AREAS FUND 1. This grant from Colorado Health Foundation supports the Outdoor Club, a collaboration with City of Fort Collins Natural Areas, the Fort Collins Boys & Girls Club, and CSU School of Social Work to connect low income children and their families to natural areas. The funds are for transportation, outdoor gear, stipends for partner agencies to offer activities, teacher training, and activity supplies. FROM: Unanticipated Revenue (grant) $51,472 FOR: Programs to connect low income children and their $51,472 families to natural areas H. TRANSPORTATION SERVICES FUND 1. The 2018 snow budget has nearly been consumed. The total annual budget is $1.4M and YTD spending is $1.3M. Extremely cold temperatures require more deicer material to keep the roads safe, which drives up the cost of snow operations significantly. Ice cutting can be required due to the weather pattern where daytime thawing and nighttime freezing caused ice dams, ice potholes, and build-up in 18 gutters causing drain blockages. Additional funding of $800,000 is requested to provide snow removal services during the winter months from October through December 2018. FROM: Prior Year Reserves (Transportation Fund) $800,000 FOR: Snow & Ice Removal $800,000 2. FC Bikes received funding from the following sources: People for Bikes Big Jump Mini Grant ($25,000); Bike Share Membership and User Revenue ($41,038); and, Open Streets sponsorship and vendor fees ($13,850). Funding from the People for Bikes grant will be used to develop concept designs and implement a temporary demonstration project along City Park Ave. Funding from Bike Share Membership and User fees will be used to support the City's ongoing Bike Share sponsorship contract. Open Streets sponsorship dollars and vendor fees will be used to supplement 2018 Open Streets event costs. FROM: Unanticipated Revenue (grant) $38,850 FROM: Prior Year Reserves (grant deposited in 2017) $41,038 FOR: FC Bike Share Program $79,888 I. WATER FUND 1. The Water Supply Vulnerability Study was funded with $250,000 in 2017 and $100,000 in 2018 to study future water supply uncertainties related to climate changes, supply disruptions, and changes in demand. The Water Resources Division solicited our regional water supply partners to join us in the Study. Northern Water Conservancy District, who manages the Colorado-Big Thompson Project, agreed to partner with us and bring an additional $45,000 (after the $350,000 had been approved through the BFO process) to help fund the study. Utilities has received these additional dollars and this Adjustment Request is to appropriate the $45,000 to the Water Supply Vulnerability Study. $40,000 was received in 2017 and $5,000 will be received by end of year 2018. It is being requested to take all $45,000 out of reserves since the $5,000 for 2018 has not been received. FROM: Prior Year Reserves (Water Fund) $45,000 FOR: Water Supply Vulnerability Study $45,000 2. Fort Collins Utilities was recently awarded a Public Education and Outreach Grant in the amount of $15,540 from the Colorado Water Conservation Board to address water efficiency in the commercial, institutional, and industrial (CII) sector. CII efforts require granular site-specific knowledge on top of traditional billing data analysis, including information about the facility’s operations, occupancy, end uses, building age and more. With this grant Fort Collins Utilities will collaborate with industry expert Michelle Maddaus, from Maddaus Water Management, to provide a hands-on technical training to Fort Collins as well 15 other water utilities across the front range. With this focused training, participants will gain skills to identify and address efficiency opportunities and strategies in the commercial sector that will save utility customers water and money, while contributing to the State’s larger water goals. FROM: Unanticipated Revenue (grant) $15,540 FOR: Water Efficiency training $15,540 FINANCIAL / ECONOMIC IMPACTS This Ordinance increases total City 2018 appropriations by $5,082,149. Of that amount, this Ordinance increases General Fund 2018 appropriations by $1,853,766 including use of $1,263,154 in prior year reserves. Funding for the total City appropriations is $2,842,957 from unanticipated revenue and $2,239,192 from prior year reserves. 19 The following is a summary of the items requesting prior year reserves: Discussion / Next Steps: Ross Cunniff; I do support bringing this forward to the full Council. Brings up some other questions - regarding hail damage – this includes vehicle oriented but did we have any building damage? Lawrence Pollack; I imagine that Operations Services will be providing a full comprehensive analysis / assessment of city impact and will include building roofs as well. Ross Cunniff; it feels like we have been seeing an increase in hail damage to roofs – makes me think about the regulatory environment of roofing and what could be done to improve the durability of roofing materials - quality life - Impact to our wasteshed with all of the asphalt (fiberglass) roofing shingles coming off and not being recycled - being trashed. Darin Atteberry; the end point would be to see how many roofing permits have been pulled in the last 5 years due to hail damage Mayor Troxell; different grades of roofing - 50 year shingles - more durability Ross Cunniff; roofing - impact on several of our goals - maybe some incentive or waiver on the Wasteshed side and lighter colored roofs / less energy use. What role, if any does the city have to play? Darin Atteberry; Also, how did the solar shingles fare during some of the hail storms? Lawrence Pollack; forgot about one walk on item that was brought to my attention after these materials were put forward - PFA requested use of their reserves from KFCG dedicated to them - sometime they are included in the next budget cycle but due to the timing, offers had already finalized clearly called so they are just requesting that use. In the AIS going to full Council, we will make sure that this is fully called out. Ross Cunniff; I would like some of the rationale explained in the AIS as well. Item # Fund Use Amount A3 General Land Bank Property Maintenance $21,000 A7 General Municipal Court-Court-Appointed Defense Counsel 32,000 A8 General Municipal Court-Temporary Judges 5,000 A9c General Police Collective Bargaining Unit Additional Costs 600,000 A9d General Movement of Funds Associated with the Northern Colorado Drug Task Force 160,241 A11 General Manufacturing Equipment Use Tax Rebates 444,913 E1 GID #1 Opera Galleria Sidewalk Improvement 60,000 F1 GID #15 Skyview South GID Sidewalks 30,000 H1 Transportation Snow Removal 800,000 H2 Transportation FC Bikes - Grants and Bike Share Revenue 41,038 I1 Water Water Supply Vulnerability Study 45,000 Total Use of Prior Year Reserves: $2,239,192 20 Lawrence Pollack; we can get and include that information. Mayor Troxell; I am supportive of going forward Ken Summers; on the roofing - there is probably something we could do for areas outside of an HOA Within HOA boards we had some stringent requirements relative to roofing products to make sure they were more hail resistant – maybe had the 50 year guarantee - We could look at how we apply that across the board -it makes sense for waste diversion, insurance companies and homeowners. Do we know in terms of anticipated reserves moving forward - do we have a handle on what we anticipate that total to be? Mike Beckstead; we ended the year with approximately $70M of reserves in the General Fund. We used about $3.5M of that. In new Budget, $2.2M revenue contingency which is still in that number and it will be Council’s choice if they want to use that. We have healthy and adequate reserves based on our policies. Ken Summers; I concur with that - $3.5M figure was maybe factored into the 19-20 budget line item / BFO request. Fee Discussion follow up Ross Cunniff; for tomorrow night’s discussion – can we get relative to the fee discussion - Affordable housing To quickly call – what other cities have for their requirements for affordable housing - I heard that might be some HUD requirements around this as well Darin Atteberry; to Jeff – may be dated but we should have that. If any updates, they can be provided. Discovery Science Center; at LPT meeting today, I responded briefly to the work we did around the Discovery Science Center - has financial implications. Mike - can you give a quick update? Mike Beckstead; I am not 100% landed but I think have a pretty good understanding and we have drafted a memo regarding this topic to make sure I have my facts right. The agreement between the non-profit and the city that governs the way we manage the museum has the City contributing $1.4M from BOB revenue to cover O&M costs paid between 2009 – 2015. They didn’t use it in those years so it went into a fund and they have used it in the budget. 2018 was the last year they were planning to use $159K of that. In the agreement, it states that the city will fund specific operational personnel, facilities, upkeep, etc. The non-profit gets the revenue from the gates and the gift shop which is used to fund programming. History - when our museum was in the Carnegie Building - Facilities and Parks covered costs of building maintenance, landscaping, grounds, snow removal, etc. In 2013 first full year of operations at the current site, new expense – they were still maintaining the Carnegie Building, they now had a new building An agreement was reached – expectation we would transition that back into 21 The Museum didn’t pay for utilities in the Carnegie Building – An agreement was reached to bill the museum From 2013 – 2016 - those costs at their peak were $130K have been transitioned back into operating departments – as we became more energy efficient, the facility was able to pick up the cost of the utilities. Same thing with custodial services, parks, landscaping This has been a conversation going on since 2013 – now we are back to kind of the same place – the city’s obligation to take care of bldg. and facility. This is consistent with the way we have handled this with other organizations. The nuance here - with a partnership; does it and should it work exactly the same? That is the dialog. Ross Cunniff; do we have that written down somewhere because the belief on Council – was that the costs had transitioned over to the no- profit. If we could get that agreement that would be helpful. Can we find out who actually owns the building? Is it the non-profit or a partnership? Mike Beckstead; we will find who owns the building. Kelly DiMartino; I would add – the agreement talks about sharing operations but it is not explicit and detailed as to how that will be divided. In part because our city maintenance staff is doing that work. When we started transitioning - a portion of costs were transitioned to the non-profit partner or things that are going away as the BOB dollars go away. It is not being fully absorbed into the city budget. Ross Cunniff; thinking forward to our increased use of partnerships - learn from what we have done and try to make it more explicit so the Council will know what decision they are making. We have believed on Council for last 5 years has been that those costs were transitioning to the museum itself. Mike Beckstead; I agree - if there is a desire for more specificity of how the costs are shared - that needs to be in the agreement up front. Darin Atteberry; that was one of our learnings – if there is shared O&M, we have a good handle on capital - in reviewing this I think it is fair to both parties - it is a complicated agreement - the city hasn’t been taken for a ride – the Museum has done their fair share and we have been involved in the governance process. We are implementing what was envisioned. To be more clear, most of our 6-10 year O&M dollars are city projects and are not usually with a partner - so we are normally talking about O&M for a facility that is all city owned. To Ross’ question earlier re: regional impact fees – one of the big takeaways from this is that we are going to have a framework, a conversation is had and expectations that will be very clear. We will be prepared to talk out it in length and in the memo first. Mike Beckstead; when the artifact storage came to Council for budget (think it was $300- $350K) we didn’t fund it - ultimately the non-profit partner funded it through gate revenues. There has also been $300K projector enhancement and computer equipment that they have funded. My take is there is pretty good partnership to figure it out how to use the revenues that are available. Our funding is approximately $900K from the General Fund. Ross Cunniff; I think some of the upgrades were funded by capital campaigns. 22 Mike Beckstead; the agreement specifies that the annual operating plan is the place where these costs are going. The Operating Plan is based on revenue they have. We are trying to take a broader view of the city’s - including O&M, Gardens, what we build in the future and what sustainability actually means in those. Meeting adjourned at 11:35 AM 26 Ross Cunniff; for Council, It would be helpful to have one chart with all three projects as columns - matrix / policy considerations so we can compare and understand them Ken Summers; and a map where we can see all three - seems like a big piece of the northeast part of the GMA Josh Birks; there are still some big pieces out there Ken Summers; the total number of housing units supports significant population growth B. Fee Review - Utilities Wet PIFs, Step II CEFs Jennifer Poznanovic, Revenue and Project Manager Lance Smith, Utility Strategic Finance Director Randy Reuscher, Utility Rate Analyst SUBJECT FOR DISCUSSION Fee Review: Wet Utility Plant Investment Fees, Step II Capital Expansion Fees (CEFs) and Transportation Capital Expansion Fees (TCEFs) EXECUTIVE SUMMARY As of October 2016, staff has worked to coordinate the process for updating impact fees that require Council approval. Brining fees forward for review together provides a more holistic view of the impact. Phase I included CEFs, TCEFs and Electric Capacity Fees was approved by Council in June of 2017. Increases were significant, and Council directed a stepped implementation for CEFs and TCEFs. Along with approval, Council asked for a commitment to create a working group of citizens, industry and staff to foster a better understanding of fees. Phase II fees are Wet Utility PIFs and Development Review Fees. Staff proposes the following fee changes: • 90% of proposed CEFs (Step II) • Option A for TCEFs (Step II) • Wet Utility PIFs as proposed Development Review Fees were initially planned for Phase II updates but have been decoupled and will come forward at a later date. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Proposed Next Steps: • September 17th : Council Finance Committee o Working Group Position Paper o Outreach plan Council Finance Committee Meeting Minutes August 20, 2018 ATTACHMENT 3 27 • September/October: Public Outreach • November 13th : Council Work Session • December 4th & 18th : Ordinance readings • 2019: o Development Review Fees o Electric Capacity Fees 2. Questions from Council Finance Committee? BACKGROUND/DISCUSSION As of October 2016, staff has worked to coordinate the process for updating all building related fees that require Council approval. Bringing fees forward for review together provides a more holistic view of the impact. 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). In June of 2017, Council approved the following Phase I fee updates: 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 Type of Fee Approved by Council Capital Expansion Fees 6 Utility Fees 5 Bldg. Development Fees 45 28 dwelling units per the latest census. These changes caused consternation in the community and Council directed a stepped implementation for CEFs and TCEFs. Along with the fee approvals above, Council asked for commitment to create a working group of citizens, industry and staff to foster a better understanding of fees. The working group commenced in August of 2017 and has met 12 times to date. The working group’s position paper findings will be presented next month in the September Council Finance Committee meeting. Phase II fees are Wet Utility PIFs and Development Review Fees. Staff proposes the following fee changes: • 90% of proposed CEFs (Step II) • Option A for TCEFs (Step II) • Wet Utility PIFs as proposed Development Review Fees were initially planned for Phase II updates but have been decoupled and will come forward at a later date. 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: 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% 29 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: 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 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% 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% 30 Discussion / Next Steps: The Fee Working Group started in August 2017 - the group is working on a position paper which will be brought back to Council Finance on September 17th . Mike Beckstead; getting an understanding of the fee structure and the different methodologies and on what type of fees they are used has been one of the biggest challenges - stressed the complexity for the community - we had a couple people on the team say that they had heard we were changing fees because we were the lowest compared to our peer cities and we had headroom to change so they thought that was why we were changing so the whole conversation about the methodology and cost got lost someplace - this was a big aha from the Fee Working Group - we are taking that input from them and from our public outreach this time around to figure out how we can do a better job of clarity of message around why fees are changing and what is the driver of those fees changing. Randy Reuscher presented Utility Fees Mayor Troxell; what are the drivers for the increases? Randy Reuscher; the increase in the system value - we are looking at today’s cost for construction – replacement cost if we had to rebuild our system today 31 Community outreach planned for September and October prior to the Council work session in November. Mayor Troxell; this has been a lot of work over time and a lot of misunderstanding too - a number of Council Members have been involved with questions - goes back to Gino Campana - a lot has come together - it doesn’t indicate increases but reflects the infrastructure that has been invested and replacement cost - rationalization to our fee structure as it related to fees Mike Beckstead; I agree - our Fee Working Group will be here at Council in September. I think it will be an interesting dialog - we got into discussions around why fees change, asset value increasing and methodology changes - then we talked about alternatives - other revenue sources - 32 realization that some really difficult choices would have to be made if we don’t keep our fees current and if we didn’t have these fees we would have to use GF to fund to fund what these fees are intended to do. Mayor Troxell; I appreciate the robust list for community outreach. I think you should present to the Chamber not necessarily to the LLAC as they have a different set of optics. Ross Cunniff; could we have an overall open house? Mike Beckstead; I don’t believe we have had open houses in the past as the public is normally not engaged - we have always gone to the business group Ross Cunniff; we could have business people come to our open house - If we have trade-offs to be made or not doing projects or raising sales tax to try to cover the difference - that is important for both businesses and citizens to understand. We only implemented 75% of fee increase that was recommended - we should have an understanding of the difference between the full recommendation and what we actually collected and what does that mean for the projects we are building. That would be a helpful analysis. Mike Beckstead; we did it on estimates based on a 10-year permit average Ross Cunniff; I would like to see actuals Mike Beckstead; we can come close - a firmer estimate - we will include that in the September work session packet. We set those on the calendar presuming Council wants to move forward but our goal is to educate and share the details - we are not being presumptuous with the December meeting. Ross Cunniff; metro districts - would like to understand where that infrastructure funding comes from. Darin Atteberry; John Duval and Carrie Daggett will find out Mike Beckstead; we will be back to Council Finance on September 17th and the Work Session on Fees is scheduled for November 13th . C. HR Benefits Discussion Joaquin ‘Keen’ Garbiso, Sr. Manager, Benefits Kelly DiMartino, Sr. Assistant City Manager Jim Lenderts served on the Total Compensation Committee Jim Sampson from HUB International ATTACHMENT 4 Economic Health Office 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM DATE: October 31, 2018 TO: Mayor and Councilmembers THRU: Darin Atteberry, City Manager; Jeff Mihelich, Deputy City Manager; Jacqueline Kozak-Thiel, Chief Sustainability Officer Josh Birks, Economic Health and Redevelopment Director FROM: Sam Solt, Chair – Economic Advisory Commission; Ted Settle Vice-Chair – Economic Advisory Commission; and Members, Economic Advisory Commission RE: CAPITAL EXPANSION FEE The purpose of this memorandum is to inform City Council of the Economic Advisory Commission’s (EAC) recommendation regarding the Capital Expansion Fee pending action on November 13th. Position: The Fort Collins Economic Advisory Commission members received a presentation on the Capital Expansion Fee by Jennifer Poznanovic at our October 17, 2018 meeting. We understand that the City of Fort Collins has taken essential steps to harmonize fee update frequency and review fee rates in 2017 in a phased implementation. Two EAC members were part of the Fee Working Group and actively participated in formulating the Position Paper. The members of the EAC agree with and support the overall proposed recommendation of the Position Paper. The members specifically expressed agreement on several positions: 1) fees for the parks are essential in order to maintain uniquely Fort Collins values, 2) parks being funded solely by fees is greatly concerning for sustainability of the future park construction and operation and 3) there needs to be a recognition of funding deficit, especially for operating the park system. Furthermore, additional opinions expressed by the members for the future consideration and the expected first full review of the fees in 2021 include the concept of “growth paying its own way”, the need for timely adjustment of fees, the need for changes in the underlying fee categories to keep up with the changing market conditions, and consideration of taking a total cost of ownership approach to funding capital projects. In the latter opinion, the Capital Expansion Fee appears to be predicated on the capital cost of the specific project. This means that operating costs for projects like parks need to come from the general operating budget which will most likely always be stressed. Under a total cost of ownership approach the 'capital' cost would include initial cost to buy or build, cost to eliminate at the end of life, and a discounted cash flow representing a revenue stream to cover operating costs. We recommend that the city revise the Capital Expansion Fee and continue to incorporate recommendations in the Position Paper by the Fee Working Group. Finance Administration 215 N. Mason Street PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Fee Working Group Position Paper Presented for Fort Collins City Council September 2018 ATTACHMENT 5 2 Table of Contents PART I – BACKGROUND ............................................................................................................ 3 Overview and Why the Group Formed ....................................................................................... 3 Original Group List: A Blend of Citizens, Industry and Staff ................................................ 4 Group List Through 2018 ....................................................................................................... 5 Fee Group Objective ............................................................................................................... 5 Overview of Meetings and Topics Covered ............................................................................... 6 Impact Fee History .................................................................................................................. 6 Fee Methodologies and Calculations Reviewed ..................................................................... 6 Capital Expansion Fee Background and Discussion .............................................................. 8 Transportation Capital Expansion Background and Discussion ............................................. 9 Utility Plant Investment Fees (PIFs) ....................................................................................... 9 Development Review Fees ................................................................................................... 10 City Revenue Overall ............................................................................................................ 10 Fee Comparison to Other Communities ............................................................................... 11 City Impact Fees and Median New Home Sales .................................................................. 13 Revenue sources considered by Council since 2012 ............................................................ 13 Progressive Fees.................................................................................................................... 14 Affordable Housing Fee Waivers ......................................................................................... 14 Academic Research ............................................................................................................... 14 Capital Expansion Fee Audit ................................................................................................ 16 PART II – FINDINGS .................................................................................................................. 17 Impact Fee Mechanics, Calculations & Methods ..................................................................... 17 Fee Audit: Collection & Spending ............................................................................................ 17 Impact Fee Economics .............................................................................................................. 17 Impact Fee Communication ...................................................................................................... 17 Park Impact Fees ....................................................................................................................... 18 Alternatives to Impact Fees & Fort Collins Total Revenue ...................................................... 18 Summary of Findings ................................................................................................................ 19 PART III - RECOMMENDATIONS ........................................................................................... 20 Impact Fee List ............................................................................................................................. 21 Glossary of Terms ......................................................................................................................... 22 References ..................................................................................................................................... 22 3 PART I – BACKGROUND Overview and Why the Group Formed Since the fall of October 2016, staff has worked to coordinate the process for updating all new development related fees that require Council approval. Development related fees that are approved by Council (see a full list at the end of the paper) are six Capital Expansion Fees, five Utility Fees and 45 Building Development Fees. Previously, impact fee updates were presented to Council on an individual basis. However, it was determined that updates should occur on a regular two and four-year cadence and fees updates should occur together each year to provide a more holistic view of the impact of any fee increases. Impact fee coordination includes a detailed fee study analysis for Capital Expansion Fees (CEFs), Transportation Capital Expansion Fees (TCEFs) and Development Review Fees every four years. This requires an outside consultant through a request for proposal (RFP) process where data is provided by City staff. Findings by the consultant 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. In the future, impact fee study analysis will be targeted in the odd year before Budgeting for Outcomes (BFO). 4 Below is the current impact fee timeline: In June of 2017, Council approved the following Phase I impact fee updates (effective as of October 2017): 2017 CEFs and TCEFs full fee proposals showed significant increases from the previously approved fees. These impact fee changes reflected updated asset values. Asset values have significantly increased since the last fee update due to higher construction costs and land values. These changes caused consternation in the development and building community, and Council directed a stepped implementation for CEFs and TCEFs. Bringing impact fees together to City Council for approval allowed an understanding of the full impact of the fees; however, it was difficult to explain given the complexity of different methodologies and qualitative aspects. Due to the consternation in the development and building community around impact fee changes, Council asked for a fee working group to be created to foster a better understanding of impact fees prior to discussing further fee updates. In August of 2017, the fee working group commenced comprised of a balanced group of stakeholders – City staff, business-oriented individuals, citizens and a Council liaison. Original Group List: A Blend of Citizens, Industry and Staff Council Liaison: Ross Cunniff: District 5 Industry: Sean Dougherty: Fort Collins Board of Realtors Ann Hutchison: Fort Collins Area Chamber of Commerce Greg Mediema: Homebuilder’s Association of Northern Colorado Moira Bright: Spirit Hospitality LLC 5 Chris Banks: Odell Brewing Citizen: Diane Cohn: Affordable Housing Board Rebecca Hill: Water Board Rick Reider: Building Review Board Linda Stanley: Economic Advisory Commission Ragan Adams: Parks and Recreation Board City Staff: Mike Beckstead: Project Sponsor Tiana Smith: Project Manager/Fee Owner Capital Expansion Fees Lance Smith: Fee Owner Electric Capacity Fees Tom Leeson: Fee Owner Development Review Fees Josh Birks: City Staff/Economic Health Group List Through 2018 Council Liaison: Ross Cunniff: District 5 Industry: Will Flowers: Fort Collins Board of Realtors Ann Hutchison: Fort Collins Area Chamber of Commerce Doug Braden: Homebuilder’s Association of Northern Colorado Moira Bright: Spirit Hospitality LLC Citizen: Diane Cohn: Affordable Housing Board Rebecca Hill: Water Board Linda Stanley: Economic Advisory Commission Ragan Adams: Parks and Recreation Board City Staff: Mike Beckstead: Project Sponsor Jennifer Poznanovic: Project Manager/Fee Owner CEFs Lance Smith: Fee Owner Electric Capacity Fees Tom Leeson: Fee Owner Development Review Fees Josh Birks: City Staff/Economic Health Fee Group Objective Below is the objective of the Fee Working Group: What: Improve understanding with stakeholders of the City’s impact fee process. How: Semi-monthly meetings that present information on the mechanics, alternatives, and impacts of the City’s impact fees that are approved by City Council. Why: Foster a common understanding of why and how impact fees are calculated, in addition to collecting feedback to share with City Council on future fee calculations and processes. 6 Overview of Meetings and Topics Covered The fee working group meetings commenced in August of 2017. The group met fourteen times, six meetings in 2017 and eight meetings in 2018. 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. Impact Fee History Capital Expansion Fees provisions were adopted in 1996 to impose certain fees to be collected at the time of building permit issuance for the purpose of funding the provision of additional capital improvements as the City’s population increases. Fees are intended to ensure new growth and development in the City bear a proportionate share of costs of capital expenditures necessary to provide community park, library, police, fire and general government capital improvements (currently police, fire, general government, community and neighborhood parks). Transportation Capital Expansion Fees, formerly the “Street Oversizing Program” was created in 1979 to ensure that new development, in a fair and equitable manner, contribute toward the construction of arterial and collector roadways so that essential municipal services, in this case the development of a safe and reliable transportation network, could keep up with the continued growth of the City. Utility Plant Investment Fees are industry standard and have been in place for decades. Utility PIFs have served as a catalyst for economic growth in the Fort Collins community by allowing each utility to build the infrastructure and capacity ahead of such growth. These fees provide a mechanism for new development to reimburse existing utility customers for such investments. Fee Methodologies and Calculations Reviewed The group discussed the four types of methodologies used in calculating the various fees: level of service, plan-based, hybrid and cost recovery, along with information needed for these calculations. The chart below shows methodologies for the impact fees within this group’s scope along with high-level calculations that the group discussed in detail. 7 Level of Service: This methodology is standards-based, and fees are based on the existing level of service. As the community grows, capital facilities and equipment have to be expanded proportional to growth and cannot exceed the cost of maintaining the existing level of service or pay for deficiencies in current service or future needs. Capital Expansion Fees, Electric and Stormwater Plant Investment Fees all use the standards- based or level of service methodology. Fees are set by assessing City’s capitalized assets or level of service and an estimate of who can use the asset (functional population or equivalent dwelling unit (EDU)). Calculation inputs include development and construction costs and land cost. The asset value is divided by who can use the asset. Impact fees can only be used to develop new infrastructure and cannot be used to correct existing deficiencies or add features to existing infrastructure. Plan-based: Fees are set based on a Capital Improvement Plan (CIP), and development pays a portion of their impact on that plan. Impact fees cannot be used to correct existing deficiencies, for operating costs, or for maintenance. Transportation Capital Expansion Fees (TCEFs) are plan-based. The calculation used for TCEFs, is Vehicle Miles of Travel (VMT) multiplied by the growth cost per VMT. Hybrid: Fees are calculated using aspects of both plan-based and level of service. Water and Wastewater Plant Investment Fees and Raw Water/Cash-in-Lieu Fees have a hybrid methodology. The Water and Wastewater Plant Investment Fees set fees based on a CIP along with current asset values. Raw Water/Cash-in-Lieu Fees are calculated using the cost of future water storage plus the value of current assets. Cost Recovery: Fees are calculated based on recovering all or a portion of the cost of administering a particular program. Development Review Fees are set at 80% cost recovery per City code. 8 Capital Expansion Fee Background and Discussion Capital Expansion Fees include fire, police, general government, community and neighborhood park impact fees. CEFs at the City are standards-based, meaning these fees are based on the existing level of service. In the 2017 impact fee study conducted by Duncan Associates, comparison across the Front Range indicates universal use of the standards-based methodology for CEFs. The City began charging CEFs in 1996. CEFs were updated each year for inflation using the Denver-Aurora-Lakewood CPI and continue to be updated on an annual basis. A consultant was hired in 2013 to perform a thorough review and update of methodology and inputs to these impact fees. CEFs were updated as a result, and at that time, staff committed to updating fees every four to five years. With consultant Duncan Associates, CEFs were again updated in 2017 based on this commitment. As the community grows, capital facilities and equipment must be expanded proportional to growth to maintain the same level of service. CEFs cannot pay for deficiencies in the current level of service in existing assets or facilities. As an example, park impact fees cannot be used to upgrade or add features to an existing park. John Duval, Deputy City Attorney spoke with group in detail further on legal aspects. Community and Neighborhood Park Impact Fees Within the group there has been much discussion around impact fee increases, particularly the parks fees. The 2017 impact fee levels for parks increased more than for any other fee. As part of the 2017 fee update, staff hired Ditesco Engineering to provide current costs to build existing parks and assets, using the last three parks built for both community (Twin Silo, Spring Canyon, Fossil Creek) and neighborhood parks (Waters Way, Registry, Radiant). Their calculations show that the 2017 increases were driven by significant increases in asset values based on increases in construction costs, land values, water costs, etc. As one example of the discussion within the group, initial perception of some group members was that Twin Silos was designed with excessively costly features. Kurt Friesen, Director of Parks Planning, presented a breakdown of the costs of park construction. This showed that land, water and construction costs are the largest factors in the cost of parks. Shifts in features, amenities and park elements have had a relatively minor impact on the cost to build new parks. Kurt Friesen also discussed parks standards for future parks with the group. He noted that some parks today do have more amenities than other older parks because park system needs have evolved and changed, but the different features, amenities and park elements do typically balance out. Kurt also explained the park system development strategy of an even distribution of parks throughout the City, with a community park within every four-square miles and a neighborhood park within every mile. 9 The group felt that it was important to note that parks are the only category where impact fees pay for 100 percent of new park development. There are no other revenue streams for building new parks. This is not the case for fire, police and general government. Police, Fire & General Government Impact Fees The group had detailed discussions around the inputs and calculations on the police, fire and general government fees. Ann Turnquist, Administrative Services Director of Poudre Fire Authority, joined the group to discuss the details of the fire fees and how they are used. The majority of the conversations focused on parks fees, as there was little disagreement on these impact fees. Transportation Capital Expansion Background and Discussion Transportation Capital Expansion Fees (TCEFs), previously “street oversizing” fees, were created in 1979 and prior to the 2017 study, the last major update was in 2003. TCEF methodology is plan-based such that new development pays its proportionate share for growth- related infrastructure needed to maintain current transportation standards. TCEF revenue is used to expand or provide additional facilities to keep up with development. The 2017 study with TischlerBise raised residential fees and lowered commercial fees, due to a shift in the calculation from using trip generation to using vehicle miles travelled (VMT). Not all trips are the same in length; on average residential trips are longer than commercial. Categories were simplified in the study, they were reduced from 43 to 8 categories. In June of 2017, Council approved Option B for TCEFs. Option B provides approximately 80% of necessary funding to mitigate proportional impacts of development based on the currently approved Transportation Master Plan. Whereas Option A includes 100% of 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 that were added to the most recent Transportation Master Plan. Staff is proposing Option A be adopted in the next round of fee updates in discussion fall of 2018. In the fall on 2017 Dean Klinger, Director of Engineering and Kyle Lambrecht, TCEFs Program Manager joined the group to review TCEFs. Utility Plant Investment Fees (PIFs) Lance Smith, Utility Strategic Finance Director, reviewed Utility PIFs with the group. There was little discussion on Electric PIFs and Raw Water Cash-in-Lieu as these fees have been consistently coming to Council every two years. 10 Wet Utility PIFs (water, wastewater, stormwater) updates plan to be proposed to Council in the fall of 2018. These impact fees are largely changing based on the investment that has been made on asset and infrastructure of these three utility services. Across the three utility fees, staff is proposing 7 to 11 percent increases. These fees are also on a two-year cadence as with the Electric PIFs. Development Review Fees Development Review Fees are currently being analyzed with an external consultant and were not ready to be discussed with the fee group. As such, these fees have been decoupled from the fee updates in 2018 and will come forward at a later date. City Revenue Overall Impact fee revenue goes into specific funds for CEFs, Transportation and each Utility Enterprise Fund. Revenue can only be used for the intended purpose of the fee. For example, police fees cannot fund parks and parks fees cannot be used to upgrade existing parks. As seen in the chart below, impact fee revenue from 2005 to 2017 is volatile due to development volatility. 11 The overall City government revenue was reviewed by the team consistent with the chart below. The discussion can be summarized as: • Sales and Use tax account for about 50% of governmental revenues. • Property tax accounts for about 8% and per the Intergovernmental Agreement (IGA) with the Poudre Fire Authority (PFA), 68% of property tax revenue is dedicated to PFA. • Charges for Services are 17% of governmental revenues and these funds are used specific to the service the fees pay for. • All revenue coming into the City are utilized for various costs and activities. The group noted that if CEFs were decreased, one or a combination of the following would be required: 1) an alternative revenue source to make up the shortfall, requiring de-funding something that is currently funded; 2) the delay of building the future assets; and/or 3) decreasing the scope of those assets to match the available fee revenue. Fee Comparison to Other Communities Fee comparisons to other communities were also presented to the group. The chart below shows that Fort Collins impact fees are consistent or lower than other Front Range communities. 12 When comparing median home sales prices with impact fees in neighboring communities, it was apparent that other factors such as amenities and location are primary drivers of home prices. For example, the chart below shows that Timnath has the lowest fees and highest home prices, whereas Wellington has the lowest home prices and the highest fees. In other words, the amount of impact fees within a community do not correlate strongly with home prices. Some in the group noted that there is often a higher level of service in Fort Collins compared to these neighboring communities. When comparing Fort Collins impact fees to those of neighboring communities, the group had a conversation on what communities get from impact fees and what the level of service is in Fort Collins compared to other communities. For example, Timnath recently opened a new small park, whereas the level of service provided at Spring Creek or Twin Silos parks in Fort Collins is higher. Fort Collins also has amenities such as undergrounded utilities, public transportation and sign code, arguably adding to the 13 desirability and value of homes. Some in the group suggest social capital plays a role and that could be weaved into a third dimension on the charts. City Impact Fees and Median New Home Sales While impact fees are a sizable portion of the price of new homes, from 2012 through 2017, this proportion decreased from 13 to 10 percent of the median new home sales price (see chart below). New median home sales prices have been increasing while the percentage of fees to median new home sales has been decreasing. The team considers home location, land values and the cost of construction to be the primary drivers of the increase in new median home prices. Revenue sources considered by Council since 2012 When discussing alternatives to impact fees, the group reviewed the revenue diversification options discussed with Council and the Community in 2014 and 2015. Starting in 2012, the City explored various alternatives with a goal to be revenue neutral and to reduce dependency on sales tax. Staff looked for replacement revenue sources to broaden the base and to lower the current tax rate. An increase in property tax is very unlikely as it would require a structural change at the state level. Also, income tax is not allowed per current Colorado state constitution. Alternatives considered include: tax on services, differential sales tax rate, transportation utility fee, increasing property tax, making quarter cent taxes permanent, occupational privilege tax, park/trail maintenance fee and an Xcel franchise fee. In 2015, Council suggested three alternatives to be further researched – tax on services, transportation utility fee and occupational privilege tax. Staff talked to business-oriented groups, and they were unanimously unsupportive. 14 Progressive Fees Some in the group suggest that impact fees be more progressive, i.e. lower impact fees for smaller homes and higher impact fees for larger homes, or potentially add more steps within the impact fees. Legally, impact fees cannot be artificially adjusted to achieve a more progressive fee structure. Impact fees must be based on data and the number of people estimated to live within various size homes. The CEF fee study consultant used 2013 census data for current CEF fees, but City staff had the consultant go back and look at 2015 western state census data. The 2015 census data indicated fewer people in smaller homes and more people in larger homes than the 2013 census data. Using the 2015 data would reduce CEF fees on smaller homes and increase CEF fees for larger homes. There is more progression using the 2015 census data, but important to note is that the formula would stay the same, only the inputs would change to add more progressiveness. The City currently has six different dwelling unit size categories. The CEF fees could get more progressive by expanding the number of categories. Currently, around 90 percent of building permits are 2200 square feet and larger (the current largest dwelling unit category). Affordable Housing Fee Waivers Diane Cohn, Fort Collins Affordable Housing Board Chair, presented research on economic impact of development fees on affordable housing. The group acknowledges that increased fees may be a barrier for affordable housing production. The current fee waiver policy is limited. Some in the group suggest the City reconsider the Area Median Income (AMI) level for waivers to include greater than 30%, especially for affordable home ownership, like those homes built by Habitat for Humanity, who currently serve families at 35-60% of AMI. In addition, perhaps longer requirements for affordability (beyond 20 years) could be coupled with greater AMI limits. The group also suggested a more nuanced approach to fee waivers for affordable housing be explored, for example, waiving some fees or portions of fees, such as parks and transportation, but not others like utilities or police/fire fees. Critical to any new fee waivers is accountability and compliance of the terms for length of affordability commitment. In addition, some in the group suggest the City evaluate any negative impacts that changes to fee policies may have on the City’s affordable housing developments. Academic Research Linda Stanley, Senior Research Scientist at Colorado State University (Ph.D., Economics), presented impact fee academic research to the group. Below is a summary of the findings with references found at the end of the paper. 15 The effect of impact fees on housing prices: The increase in the price of a home due to the imposition of an impact fee varies significantly by the value of the home, by the community, and by the type of fee. o Value of home. The increase in price resulting from an impact fee is proportional to the value of a home, with higher priced homes having a greater increase in price, often with over-shifting (i.e., the increase in price is greater than the increase in the fee). (Burge and Ihlanfeldt, 2006; Mathur, Waddell, and Blanco, 2004) o Type of fee. There is less effect of water/sewer fees on housing prices, with some research finding no effect (Burge and Ihlanfeldt, 2006). Impact fees that fund highly visible and valued amenities are likely to increase housing prices of both new and existing homes (Mathur 2013). Demand-driven increases in willingness to pay are, in large part, responsible for these price increases (as opposed to a reduction in supply due to cost increases). There are two main demand side effects. o Impact fees create infrastructure valued by community residents. This is why impact fees that fund highly visible and valued amenities are likely to increase housing prices of both new and existing homes. o Impact fees offset future tax liabilities that are capitalized into the price of a home. In other words, consumers are willing to pay more for a home with lower property taxes than that same home with higher property taxes. The academic evidence finds that, in growing areas, market demand is the primary determinant of housing prices, whether growth management programs, including impact fees, are present or not. The effect of impact fees on housing stock: Effects on both supply and demand interact to determine whether impact fees will slow down, speed up, or have no effect on residential construction rates. Thus, the empirical findings are nuanced. (Burge and Ihlanfeldt, 2006 and Burge 2016) • Non-water/sewer impact fees have positive effects on construction rates in suburban areas and negligible impacts on rates in central city and rural areas. • Non-water/sewer impact fees increase construction of large homes but not affordable ones in outer suburban areas. • Water/sewer impact fees are an insignificant determinant of construction rates for all size categories of homes and across all parts of a metropolitan area. • Burge (2016) notes, “It is crucial that state and local government officials become familiar with the more recent evidence to support the idea that impact fees may not reduce residential growth at all in the long run.” The effect of impact fees on employment and the economy: Impact fees do not appear to reduce employment growth overall, but there may be sector specific effects. • Nelson and Moody (2003) found a significant positive association between impact fees collected per building permit in one year and job growth over the next two years. 16 • Jones (2015) found that the use of fees was positively related to service-sector employment growth and, to a lesser extent, negatively related to manufacturing employment growth. There was no relationship of impact fees to retail jobs. Capital Expansion Fee Audit In April of 2018, the Fort Collins Area Chamber of Commerce, Northern Colorado Home Builders Association and the Fort Collins Board of Realtors sponsored a third-party audit by Development Planning & Financing Group, Inc. (DPFG). The City reviewed and responded to the findings in the DPFG Review both with the audit sponsors and later with the fee working group. The City collected and spent approximately $54M in impact fees from 2012 to 2016. DPFG did not identify any issues with how fees are collected or with how the City has spent its police, fire, general government and community parks CEFs. The DPFG Review questioned $3.8M of transportation ($1.4M) and neighborhood “parks” ($2.4M) expenditures. The City’s analysis of the DPFG review found $3.4M of the $3.8M in question to be allowable overhead costs based on the City’s current code language. Of the remaining $387k in fee expenditures, staff determined $257k to be appropriate and $130k to be inconsistent with current understanding of how park fees should be used. Of the charges questioned, $257k are related to costs incurred during the two years after the park was largely completed. The maintenance costs for new parks transfers to the Park Department two years after parks are established. This is related to general warranty periods from construction and the need to make sure features and vegetation are sustainable prior to turning over to the Parks Department for ongoing maintenance. The $257k of costs in question are related to water costs while vegetation is taking root, equipment replacement associated with warranty issues, costs related to maintaining property of parks to be constructed, landscaping, and expenditures for future parks. The remaining costs in question, approximately $130k, are largely for the installation of new equipment in existing parks. Staff had previously understood park CEFs could be used for new features in old parks. This understanding has been corrected and staff is now aware this is not an allowable expenditure of CEFs and will not occur in the future. In summary, of approximately $54M in impact fees collected and spent in 2012 to 2016, only $130k or 0.24% should not have been charged to Parks Planning. 17 PART II – FINDINGS Impact Fee Mechanics, Calculations & Methods From the meetings in 2017 that largely focused on impact fee mechanics, calculations and methodology, the group acknowledged that the City’s impact fee methodologies are sound and legally defensible. Impact fee calculations align with industry practice and the methodologies, data requirements and calculations became clearer after detailed review with City staff. Fee Audit: Collection & Spending After reviewing the third party DPFG Review, the group agrees that the system is in compliance and that the City has done an excellent job in managing fee allocations and expenditures. In the five years, from 2012 to 2016, the City collected and spent approximately $54M in CEFs. Of the $54M evaluated only $130k was not allowable expenditures. A majority of the group thinks the $130k used from the neighborhood parkland should be transferred to the general fund. The Fort Collins Board of Realtors has agreed to share the findings (see references). Impact Fee Economics The group agrees that impact fee amenities add to property values, however differ in views as to what extent. For example, living right next to a park or just being in Fort Collins with community and neighborhood parks throughout the City. Some in the group also consider the increased demand from amenities as an undesirable effect as it pushes growth out of the City – cheap and easy vs. high rise density along with less homeownership. Regardless of demand, some in the group want to highlight that rising costs of impact fees do have an impact on housing costs, whether supply or demand driven. However, the portion of median home sales prices accounted for by impact fees has decreased from 13 percent in 2012 to 10% in 2017. Impact Fee Communication Bringing impact fees together for review and forming of the fee working group has been beneficial to better understand the full impact of Council approved impact fees for new development. The group agreed that impact fees are complicated and difficult to communicate across the community. The City must better explain the basis, calculation and usage of impact fees to stakeholders. For example, when the business community was shown that Fort Collins impact fees are lower than the fees of other Front Range communities, some in the group and business community initially took the message to be that impact fees are going up because the market will 18 bear it while others thought that the City was increasing its impact fees because they were lower. While comparisons are important, they should be shown in context. The underlying message on the need for updates due to changes in the inputs in the calculations may not have been heard. Going forward the City needs to be mindful in how it messages. Comparisons should have context, such as level of service, total cost and looking at best practices. Park Impact Fees Many of the group conversations on impact fees revolved around CEFs, namely park fees. The fee levels for parks increased more than for any other impact fee due to large increases in the inputs to the fee calculations (i.e., land and water prices; construction costs). Although some in the group noted that parks may have too many amenities, this was a small percentage of the cost of building a new park. Parks are the only category where impact fees pay for 100 percent of what is built; there are no other revenue streams for building new parks. This is not the case for fire, police and general government. Some in the group want to highlight that the 2008 parks and recreation policy plan did realize a potential inadequacy of park impact fees to fund new parks. Council supported full build out but did not identify additional revenue streams to fund parks. The 2008 plan discusses the need for additional funding streams for development and subsequent maintenance and emphasizes that the plan for park development should recognize the cost of subsequent maintenance. Alternatives to Impact Fees & Fort Collins Total Revenue If lower impact fees are approved than was recommended in 2017, as an example, the City could build lower cost parks, which would lower levels of service. Some in the group suggest not to rule out public involvement such as philanthropy and considerations of regional cooperation. The group acknowledged that reallocating revenue from the General Fund would require lowering levels of service across the City. It is also unclear if home prices would drop if impact fees were decreased or even eliminated. Other alternatives discussed include: sales tax increase, property tax increase, occupation tax, or looking into Metro Districts to build parks and streets, most of which staff previously worked on from 2012 to 2016 regarding revenue diversification. Group consensus is that the general community would be in favor of impact fees on new development instead of supporting other revenue sources, such as increasing taxes or reallocating General Fund monies to pay for impacts of new development. This would need to be further examined as the group does not fully represent the community. Given the limitations on total revenue, if full impact fee increases are not implemented, the City will need to turn to alternatives or reallocate revenue from the General Fund. Limited revenues and endless needs make for choices. If Council elects to continue to implement less than recommended, the group suggests exploring alternative revenue sources. 19 Summary of Findings • 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. • 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. 20 PART III - RECOMMENDATIONS 1. Better Communication, Outreach and Notification of Impact Fee Changes: Predictability of when impact fees change and communication to the community should be more transparent. Bringing impact fees together for review on a two and four-year cadence along with better communication on when specific impact fees are locked in, will aid in transparency and predictability. Communication around impact fee updates and comparisons with other communities needs better clarity and messaging going forward. Comparisons should have context, such as level of service, total cost and looking at best practices. The group also suggests finding a better way to communicate level of service vs plan-based methodologies. 2. Repayment from Impact Fee Audit: The full group recommends paying back the $130k identified in the DPFG audit review. 3. Progressive Fees if/where Possible: Some in the group suggest that impact fees be more progressive, i.e. lower impact fees for smaller homes and higher impact fees for larger homes, or potentially add more steps within the impact fees. Staff plans to incorporate more home size grouping in the next update in 2021. 4. Explore Alternative Revenue Source for Parks Buildout: The group recommends considering alternative revenue sources for building new parks as it is the only category that is fully funded by impact fees. 5. Investigate Revenue Alternatives to Support Parks Refresh and Maintenance: When the City is at buildout, what will be the funding source to refresh parks? Some also recommend a deeper dive may be useful to better understand if plan based or level of services is best for the City’s park fees. 6. Explore Stronger Supports for Affordable Housing Fee Waivers: Some in the group recommended the City reconsider the Area Median Income (AMI) level for waivers to include greater than 30%. In addition, perhaps longer requirements for affordability (beyond 20 years) could be coupled with greater AMI limits. The group also suggested a more nuanced approach to fee waivers for affordable housing be explored, for example, waiving some fees or portions of fees, such as parks and transportation, but not others like utilities or police/fire fees. 21 Impact Fee List Type of Fee Fee Category Fee Name CEF Permit Fees - Building Permits Parkland: Neighborhood CEF Permit Fees - Building Permits Parkland: Community CEF Permit Fees - Building Permits Transportation Capital Expansion CEF Permit Fees - Building Permits Fire Capital Expansion CEF Permit Fees - Building Permits Police Capital Expansion CEF Permit Fees - Building Permits General Gov. Capt. Exp. Utility Development Fees Cash-in-lieu of the Water Raw Water Requirement & Excess Water Use Surcharge Utility Development Fees Electric Development Fees Utility Development Fees Sewer Plant Investment Fee Utility Development Fees Stormwater Plant Investment Fees Utility Development Fees Water Plant Investment Fee Dev Development Review - Addition of Permitted Use Additional Rounds of Review Dev Development Review - Annexation Transportation Development Review Dev Development Review - Basic Development Review Transportation - Initial - (flat fee) Dev Development Review - Basic Development Review Transportation if detached single family Dev Development Review - Basic Development Review Transportation if multi-family/other residential Dev Development Review - Basic Development Review Transportation if commercial, industrial, retail Dev Development Review - Basic Development Review Transportation - size of development Dev Development Review - Basic Development Review Transportation - Final (flat fee) Dev Development Review - Water Water Development Review Dev Development Review - Sewer Sewer Development Review Dev Development Review - Stormwater Stormewater Development Review Dev Development Review - Easments and Right of Ways - Dedications Transportation Development Review (Easement) Dev Development Review - Easments and Right of Ways - Dedications Transportation Development Review ( Right-of-Way) Dev Development Review - Easments and Right of Ways - Vacations Processing Fee (per easement) Dev Development Review - Easments and Right of Ways - Vacations Processing Fee (per Right-of-Way) Dev Development Review - Major Amendment Initial Transportation Development Review Dev Development Review - Major Amendment Final Transportation Dev Development Review - Minor Amendment Transportation Development Review Dev Development Review - Modification of Standards Transportation Development Review Dev Development Review - Overall Development Plan Transportation Development Review Dev Development Review - Project Development Plan - Initial Transportation (flat fee) Dev Development Review - Project Development Plan - Initial Transportation if detached single family Dev Development Review - Project Development Plan - Initial Transportation if multi-family/other residential Dev Development Review - Project Development Plan - Initial Transportation if commercial, industrial, retail Dev Development Review - PDP Final Transportation Re-review Dev Development Review - Rezoning Transportation Development Review Dev Development Review Road Projects Dev Development Review - Wireless Telecomm - Initial Transportation Dev Permit Fees - Building Permits Building Permits Dev Permit Fees - Building Permits Over-the-counter (No Review) Residential Building Permits Dev Permit Fees - Building Permits Building Plan Check Dev Permit Fees - Building Permits Poudre School District Impact Fee - Single Family Attached Dev Permit Fees - Building Permits Poudre School District Impact Fee - 1-4 attached dwelling units Dev Permit Fees - Building Permits Poudre School District Impact Fee -5 or more attached dwelling units Dev Permit Fees - Building Permits Thompson School District Impact Fee - Single Family Detached Dev Permit Fees - Building Permits Thompson School District Impact Fee - 5 or more attached dwelling units Dev Permit Fees - Building Permits Larimier County Reg. Road Dev Permit Fees - Building Permits Elec. PILOTS Dev Permit Fees - Building Permits Elec: Secondary Service (Service A & B) Dev Permit Fees - Building Permits Elec: Temp Pedestal Dev Permit Fees - Building Permits Water PIF Dev Permit Fees - Building Permits Water Right Dev Permit Fees - Building Permits Water Meter Dev Permit Fees - Building Permits Sewer PIF 22 Glossary of Terms References Been, V. (2005). Impact Fees and Housing Affordability, Cityscape, A Journal of Policy development and Research 8(1), U.S. Department of Housing and Urban Development. https://www.huduser.gov/periodicals/cityscpe/vol8num1/ch4.pdf Burge and Ihlanfeldt (2006). Impact Fees and Single-Family Home Construction. Journal of Urban Economics, 60, 284-306. https://www.sciencedirect.com/science/article/pii/S0094119006000222 Burge and Ihlanfeldt (2006). The Effects of Impact Fees on Multifamily Housing Construction. Journal of Regional Science, 46, 5-23. https://onlinelibrary.wiley.com/doi/abs/10.1111/j.0022-4146.2006.00431.x Burge, Gregory (2016). Impact Fees in Relation to Housing Prices and Affordable Housing Supply. http://www.impactfees.com/publications/burge-Impact_Fees_in_Relation_to_Housing_Prices-2016.pdf City of Fort Collins (2008). City of Fort Collins Parks and Recreation Policy Plan. http://citydocs.fcgov.com/?cmd=convert&vid=236&docid=2242785&dt=DEPT+REPORTS Development Planning & Financing Group, Inc. (2018). Capital Expansion Fee Review prepared for the Fort Collins Area Chamber of Commerce, Northern Colorado Home Builders Association and the Fort Collins Board of Realtors. (see attached) Ditesco (2017). Park Development Fee Analysis prepared for the City of Fort Collins. https://www.fcgov.com/finance/pdf/parks-fee-analysis.pdf?1488231835 Duncan Associates (2017). Capital Expansion Fee City prepared for the City of Fort Collins, Colorado. https://www.fcgov.com/finance/pdf/capital-expansion-fee.pdf?1497285402 Jones, AT (2015). Impact Fees and Employment Growth, Economic Development Quarterly, Vol. 29(4) 341 –346. http://journals.sagepub.com/doi/abs/10.1177/0891242415589368 AMI Area Median Income CEFs Capital Expansion Fees CIP Capital Improvement Plan Equivalent Dwelling Unit The ratio of the average household size of a dwelling type to the average household size of the typical single-family detached unit – the service unit used for parks Functional Population The number of people present at a land use expressed in full time equivalents, the service unit used for fire, police and general government Level of Service Ratio of the replacement cost of existing facilities to existing service units PIFs Plant Investment Fees TCEFs Transportation Capital Expansion Fees VMT Vehicle Miles of Travel Wet Utility PIFs Water, wastewater and stormwater plant investment fees 23 Mathur, S., Waddell, P, & Blanco, H (2004). The Effect of Impact Fees on the Price of New Single-Family Housing. Urban Studies, 41(7), 1303-1312. http://journals.sagepub.com/doi/abs/10.1080/0042098042000214806 Mathur, S. (2013). Do All Impact Fees Affect Housing Prices the Same? Journal of Planning Education and Research. http://journals.sagepub.com/doi/pdf/10.1177/0739456X13494241 Nelson, AC, Pendall, R., Dawkins, CJ, Knaap, GJ (2002). The Link Between Growth Management And Housing Affordability: The Academic Evidence. A discussion paper prepared for the Brookings Institution Center on Urban and Metropolitan Policy. https://www.brookings.edu/research/the-link-between- growth-management-and-housing-affordability-the-academic-evidence/ Nelson, AC & Moody, M. (2003) Paying For Prosperity: Impact Fees and Job Growth. A discussion paper prepared for the Brookings Institution Center on Urban and Metropolitan Policy. https://www.brookings.edu/research/paying-for-prosperity-impact-fees-and-job-growth/ Nelson, AC, Bowles, LK, Juergensmeyer, JC, & Nicholas, JC (2008). A Guide to Impact Fees and Housing Affordability, Washington DC: Island Press. https://www.brookings.edu/research/the-link-between- growth-management-and-housing-affordability-the-academic-evidence/ TischlerBise (2017). Transportation Capital Expansion Fee Study prepared for the City of Fort Collins, Colorado. https://www.fcgov.com/finance/pdf/transportation-capital-expansion-fee-study- 2017.pdf?1497285409 Yinger, John. 1998). The Incidence of Development Fees and Special Assessments. National Tax Journal. 51(1), 23-41. http://www.impactfees.com/publications%20pdf/v51n1023.pdf 3302 EAST INDIAN SCHOOL ROAD PHOENIX, AZ 85018 TEL (602) 381-3226 FAX (602) 381-1203 www.dpfg.com VIA ELECTRONIC MAIL April 6, 2018 Ms. Ann Hutchison Director Fort Collins Chamber of Commerce Mr. Greg Miedema Director Northern Colorado Home Builders Associations Ms. Natalie Davis Chief Executive Officer Fort Collins Board of Realtors RE: City of Fort Collins Impact Fee Peer Review Dear Ms. Hutchinson, Mr. Miedema and Ms. Davis: At your request, we have performed certain agreed upon procedures (“Agreed Upon Procedures” and/or “Review”) related to the City of Fort Collin’s, Colorado (“City”), collection and expenditure of capital expansion fees (“CEF”) as outlined below. The purpose of the Review was not to examine the City’s accounting records in accordance with generally accepted financial auditing or attestation standards, but rather to determine whether the City is properly utilizing funds collected through its CEF program for the funding of public improvements as outlined in: the City’s Ordinance related to such matters (“Ordinance”); the supporting CEF studies; as well as Colorado Revised Statute (“CRS”) 29-20-1045 et seq. (the “Act”). In accordance with the Agreed Upon Procedures, we have reviewed in varying degree of detail, the majority of the City’s CEF expenditures in terms of dollar volume for the time period January 1, 2012 to December 31, 2016. I. Agreed Upon Procedures Scope of Work The following tasks were performed as part of our Agreed Upon Procedures. ATTACHMENT 6 2 Reviewed CEF Ordinance and Supporting Documents/Studies Obtained the City’s Ordinance as well as supporting studies and back-up materials including but not limited to: CEF Studies; City’s Capital Improvement Program (“CIP”); Annual Statements of CEF Account Balances for the last five (5) year fiscal period; the City’s Annual Financial Reports for the last five (5) years; CEF Account General Journals for the last five (5) fiscal years and other reports as required. CIP / CEF Review Reviewed the City’s CIP as well as the funding of the improvements included in the CIP through a review of the CEF account expenditures for the five (5) year analysis period as follows: 1. Reviewed the City’s CIP, CEF Account Balance Reports and General Journals by CEF account for the last five (5) years. 2. For all CEF transactions selected from the general journal, requested supporting documentation from the City. 3. Determined the appropriateness of each transaction by reviewing the transaction description accompanying each transaction and on a test basis traced the selected expenditure to the listing of eligible public facilities as outlined in the CIP and/or the CEF Study as appropriate. 4. Discussed any discrepancies (if any) with the appropriate City personnel. CEF Implementation Plan Evaluated the City’s implementation of the CEF programs as follows: 1. Reviewed the Ordinances adopting the City’s CEF program. 2. Obtained the City’s current CEF charges from the Development Service Department or its equivalent. Report of Findings 1. Prepared a written report of findings outlining the results of our Agreed Upon Procedures. II. Executive Summary The following is a summary of our Review findings: A. CEF Ordinance and Supporting Documentation – Our Review indicated that the City had enacted Ordinances for the review period. B. Transaction Support – We noted that all of the City’s CEF revenue and expenditure transactions reviewed agreed to the general ledger and that the transactions had reasonable levels of backup and supporting documentation. 3 C. Police – No issues related to the collection or expenditures of Police CEF’s were noted. D. Fire - No issues were found related to the collection or expenditures of Fire CEF’s. E. Transportation – It was noted that approximately $1.4 million in Transportation Fees had been expended for operational expenses which appears to be in conflict with the Act and industry practices for such matters. F. Parks – Approximately $586,000 in park fees had been expended for operational expenses, $218,000 for repairs/replacement of existing park equipment and $1.6 million for administrative type expenses. All of these expenditures appear to be in conflict with the Act and industry practices. G. Financial Recap –The summary table below illustrates the total expenditures that were identified as part of our Agreed Upon Procedures that in our opinion, do not meet the requirements of CRS 29-20-1045 (4)(b) of having a useful life of five (5) years or more. Each questionable expenditure was categorized as either an operational expense, a repair/replacement, or an administrative expense. Further detailed schedules for each Fee category can be found in the addendum to this Report. Capital Expansion Fee Exhibit Reference Operational Expense Repair/Replacement Administration Expense Total Transportation Transportation Cap Expan No 2 B $ 1,374,294.80 $ - $ 1,510.60 $ 1,375,805.40 Transportation Subtotal $ 1,374,294.80 $ - $ 1,510.60 $ 1,375,805.40 Parks Waters Way Park C $ 114,688.22 $ 202.38 $ - $ 114,890.60 Waters Way Repairs D $ - $ 41,845.53 $ - $ 41,845.53 Registry Park E $ 13,429.20 $ - $ - $ 13,429.20 Radiant Park F $ 13,217.35 $ - $ - $ 13,217.35 New Park Site Development G $ 24,773.98 $ 68,467.21 $ 641.26 $ 93,882.45 Lee Martinez Park Addition H $ 3,822.65 $ - $ - $ 3,822.65 Richards Lake I $ 2,839.91 $ - $ - $ 2,839.91 Avery Park J $ 1,893.72 $ 85,683.96 $ - $ 87,577.68 Maple Hill Park K $ 6,546.39 $ 4,707.00 $ - $ 11,253.39 Trailhead Park L $ 18,363.34 $ - $ - $ 18,363.34 Parkland & Administration Cost M $ 386,539.06 $ - $ 1,562,298.66 $ 1,948,837.72 Parkland Equipment Replacement N $ - $ 17,423.13 $ - $ 17,423.13 Parks Subtotal $ 586,113.82 $ 218,329.21 $ 1,562,939.92 $ 2,367,382.95 Total $ 1,960,408.62 $ 218,329.21 $ 1,564,450.52 $ 3,743,188.35 Source: City of Fort Collins 2012-2016 General Ledger Summary of Findings City of Fort Collins, Colorado Development Impact Fee Review 4 III. Detailed Findings A. CEF Ordinance - The City enacted ordinances for the collection of CEF’s as illustrated on the table below. Fiscal Year Ending Ordinance Number Fees Included Fee Study Present Date Signed Comments 2017 049, 2017 Park, Police, Fire and General Government, Street Oversizing Capital Improvements Yes. Included Parks, Police, Fire, General Government and Transportation 6/7/2017 Ordinance indicates that funds shall not be used to remedy deficiencies but only provide for new capital improvements required by new development. Also indicates that funds shall not be used for costs associated with operation, administration, maintenance or replacement of capital improvements. 2016 132, 2016 Park, Police, Fire and General Government, Street Oversizing Capital Improvements No - Increased by Denver Greeley CPI and ENR Index. (1) 12/20/2016 2015 148, 2015 Park, Police, Fire and General Government, Street Oversizing Capital Improvements No - Increased by Denver Greeley CPI and ENR Index. (1) 12/1/2015 2014 172, 2014 Park, Police, Fire and General Government, Street Oversizing Capital Improvements No - Increased by Denver Greeley CPI and ENR Index. (1) 12/16/2014 2013 120, 2013 Park, Police, Fire and General Government, Street Oversizing Capital Improvements No - Increased by Denver Greeley CPI and ENR Index. (1) 9/3/2013 2012 121, 2012 Park, Police, Fire and General Government, Street Oversizing 5 C. Transportation – It was noted that potentially $1.4 million of Transportation Expansion Fee expenditures were made for administrative expenses rather than capital facilities that have an estimated useful life of five (5) years or longer 1 . The questionable items include salaries and related benefits, land maintenance services, termination pay, cell phone service bills, vehicle repairs and office supplies. See Exhibit B for more details. D. Parks - It was noted that approximately $590,000 of Parkland Expansion expenditures were made for operational expenses such as electric and water utilities, yard maintenance, grocery store expenditures, restaurant meal expenses, computer hardware and software expenses, mobile stage rentals, fed-ex shipping expenses, vehicle repair services, and conference and travel expenses were charged to various parkland expense accounts. See Exhibits C through M for further information. There also appeared to be potentially $218,000 spent on repair or replacement type expenditures involving the Parkland Expansion accounts. Some of the expenses included repairing existing playground soft surfacing, and demolishing an existing park playground established in 1962 and constructing a new playground in its place. There was also an existing shade structure that had been updated using impact fee funds. See Exhibits C through N for further details. Lastly, there were approximately $1.5 million of administration related expenses charged to the Parkland Expansion accounts. Of this amount, $1.1 million appear to be utilized for City employee salary expenses. A majority of the remaining $400,000 in expenditures consisted of administration services to the general fund, health insurance premiums and employee retirement contributions. See Exhibits G through M for further detailed expense findings. IV. Recommendations Based on our Agreed Upon Procedures it appears that the City has expended approximately $3.7 million in Fees for non-capital assets. In our opinion the City should refund the appropriate Fee accounts $3.7 million as outlined herein. The stakeholder group may wish to engage legal counsel to obtain their advice as to the legalities of the items noted within the body of the Report. While we were not able to observe the processes and procedures that the City utilized to authorize expenditures from its Fee accounts; given our findings related to the expenditure of funds for non-capital assets, it is suggested that the City formulate and institute policies and procedures to ensure that Fees are only being expended for their intended purposes. V. General Assumptions and Limiting Conditions DPFG neither expresses nor implies any warranties of its work nor predicts results of the procedures outlined above. DPFG’s work was performed on a “level-of-effort” basis; that is, the depth of our analyses and extent of our authentication of the information on which our Report was predicated, may be limited in some respects due to the extent and sufficiency of 1 Colorado Revised Statute 29-20-1045 (4)(b) 6 available information, and other factors. Moreover, we did not examine any such information in accordance with generally accepted financial auditing or attestation standards. Our work was performed in compliance with the Agreed Upon Procedures only. This Report was based on information that was current as of November 17, 2017 and DPFG has not undertaken any update of its research effort since such date. Because of the limited nature of our review, no warranty or representation is made by DPFG that the results contained in this Report are accurate. The professionals at DPFG are not trained legal professionals and as such, we are not providing legal interpretations related to the Act. This Report is qualified in its entirety by, and should be considered in light of, these assumptions, limitations, and conditions. Sincerely, Carter T. Froelich, CPA Managing Principal CTF/kb Attachments Exhibit A City of Fort Collins, Colorado Development Impact Fee Review Summary of Findings Capital Expansion Fee Exhibit Reference Operational Expense Repair/Replacement Administration Expense Total Transportation Transportation Cap Expan No 2 B $ 1,374,294.80 $ - $ 1,510.60 $ 1,375,805.40 Transportation Subtotal $ 1,374,294.80 $ - $ 1,510.60 $ 1,375,805.40 Parks Waters Way Park C $ 114,688.22 $ 202.38 $ - $ 114,890.60 Waters Way Repairs D $ - $ 41,845.53 $ - $ 41,845.53 Registry Park E $ 13,429.20 $ - $ - $ 13,429.20 Radiant Park F $ 13,217.35 $ - $ - $ 13,217.35 New Park Site Development G $ 24,773.98 $ 68,467.21 $ 641.26 $ 93,882.45 Lee Martinez Park Addition H $ 3,822.65 $ - $ - $ 3,822.65 Richards Lake I $ 2,839.91 $ - $ - $ 2,839.91 Avery Park J $ 1,893.72 $ 85,683.96 $ - $ 87,577.68 Maple Hill Park K $ 6,546.39 $ 4,707.00 $ - $ 11,253.39 Trailhead Park L $ 18,363.34 $ - $ - $ 18,363.34 Parkland & Administration Cost M $ 386,539.06 $ - $ 1,562,298.66 $ 1,948,837.72 Parkland Equipment Replacement N $ - $ 17,423.13 $ - $ 17,423.13 Parks Subtotal $ 586,113.82 $ 218,329.21 $ 1,562,939.92 $ 2,367,382.95 Total $ 1,960,408.62 $ 218,329.21 $ 1,564,450.52 $ 3,743,188.35 Source: City of Fort Collins 2012-2016 General Ledger Exhibit B City of Fort Collins, Colorado Transportation Capital Expansion Account Amount DPFG Categorization of Expenditure Advertising Services $ 55.56 Operational Expense Cell Phones Services $ 1,650.00 Operational Expense Clothing Supplies $ 467.30 Operational Expense Construction Services $ 897.50 Operational Expense Copy & Reproduction Services $ 51.67 Operational Expense Dental Insurance $ 3,613.49 Operational Expense Education & Training Services $ 175.00 Operational Expense E-Mail & PDA Admin Services $ 718.52 Operational Expense Employees Group Life Ins $ 1,124.41 Operational Expense GERP (1) $ 1,599.38 Operational Expense GERP Supplemental Charges (1) $ 13,440.00 Operational Expense Health Insurance $ 59,206.05 Operational Expense Internal Investment Services $ 3,827.96 Operational Expense Land Maintenance Services $ 400,127.60 Operational Expense Long-term Disability $ 2,998.65 Operational Expense Office Supplies $ 591.32 Operational Expense Other Prof & Tech Services $ 26.00 Operational Expense Postage & Freight Services $ 26.40 Operational Expense Retirement Contributions $ 49,336.03 Operational Expense Salaries-Hourly $ 9,872.24 Operational Expense Salaries-Regular $ 674,535.17 Operational Expense Social Security & Medicare $ 50,579.61 Operational Expense Telephone Services $ 2,637.16 Operational Expense Termination Pay $ 14,020.71 Operational Expense Tools & Related Supplies $ 231.84 Operational Expense Vehicle Repair Services $ 541.29 Operational Expense Water $ 81,943.94 Operational Expense Workers Compensation $ 1,510.60 Administration Expense Total $ 1,375,805.40 Type of Expenditure Amount Operational Expense $ 1,374,294.80 Repair/Replacement $ - Administration Expense $ 1,510.60 Total $ 1,375,805.40 Source: City of Fort Collins 2012-2016 General Ledger Footnote: (1) "GERP" is the City of Fort Collins General Employee Retirement Plan. Description of Expenditures Exhibit C City of Fort Collins, Colorado Waters Way Park Description of Expenditures Amount DPFG Categorization of Expenditure Bath Inc $ 5,949.63 Operational Expense City of Fort Collins Utility B $ 19,604.21 Operational Expense Fort Collins-Loveland Water Di $ 607.63 Operational Expense Hedrick, James $ 1,016.11 Operational Expense Hurr/Vasa Lawn & Landscape $ 202.38 Repairs/Replacement Korby Landscaping LLC $ 38,323.69 Operational Expense Raw water bill for 2012 $ 750.00 Operational Expense Rcls hrly payroll exp to proj $ 26,337.83 Operational Expense UMB Card Services $ 22,099.12 Operational Expense Total $ 114,890.60 Type of Expenditure Amount Operational Expense $ 114,688.22 Repairs/Replacement $ 202.38 Administration Expense $ - Total $ 114,890.60 Source: City of Fort Collins 2012-2016 General Ledger Exhibit D City of Fort Collins, Colorado Waters Way Repairs Description of Expenditures Amount DPFG Categorization of Expenditure RCL Waters Way Repair Expense $ 41,845.53 Repairs/Replacement Total $ 41,845.53 Type of Expenditure Amount Operational Expense $ - Repairs/Replacement $ 41,845.53 Administration Expense $ - Total $ 41,845.53 Source: City of Fort Collins 2012-2016 General Ledger Exhibit E City of Fort Collins, Colorado Registry Park Description of Expenditures Amount DPFG Categorization of Expenditure City of Fort Collins Utility B $ 7,998.17 Operational Expense Fort Collins-Loveland Water Di $ 5,431.03 Operational Expense Total $ 13,429.20 Type of Expenditure Amount Operational Expense $ 13,429.20 Repairs/Replacement $ - Administration Expense $ - Total $ 13,429.20 Source: City of Fort Collins 2012-2016 General Ledger Exhibit F City of Fort Collins, Colorado Radiant Park Description of Expenditures Amount DPFG Categorization of Expenditure City of Fort Collins Utility B $ 2,433.59 Operational Expense 2013 Raw Water bill-Parks Dept $ 683.10 Operational Expense Fedex Corp $ 213.61 Operational Expense Fort Collins-Loveland Water Di $ 9,220.45 Operational Expense Raw water bill for 2012 $ 666.60 Operational Expense Total $ 13,217.35 Type of Expenditure Amount Operational Expense $ 13,217.35 Repairs/Replacement $ - Administration Expense $ - Total $ 13,217.35 Source: City of Fort Collins 2012-2016 General Ledger Exhibit G City of Fort Collins, Colorado New Park Site Development Description of Expenditures Amount DPFG Categorization of Expenditure Aller-Lingle Massey Architects $ 1,986.00 Repairs/Replacement Arrow Fencing and Automated Ga $ 7,966.14 Repairs/Replacement B H A Design INC $ 1,774.00 Operational Expense Batteries Plus $ 33.95 Operational Expense Best Rental Inc $ 2,202.82 Operational Expense Bettin, Cameron $ 582.52 Administration Expense Dickinson Electric $ 8,836.64 Repairs/Replacement DLT Solutions AutoCad renewal $ 4,170.66 Operational Expense ENCK Resources $ 4,000.00 Operational Expense High Sierra Electronics $ 1,381.00 Repairs/Replacement Keeton Industries $ 3,065.90 Repairs/Replacement Korby Landscaping LLC $ 4,772.50 Repairs/Replacement Korby Sod LLC $ 2,206.00 Repairs/Replacement Payroll Labor Distribution $ 58.74 Administration Expense Reclass Lincoln Center Rental $ 1,125.00 Operational Expense Sam's Club Direct $ 6.87 Operational Expense SOF Surfaces $ 37,783.03 Repairs/Replacement Southwestern Painting & Decora $ 470.00 Repairs/Replacement UMB Card Services $ 8,933.44 Operational Expense Xerox Corporation $ 754.62 Operational Expense Xerox Corporation (ACH) $ 1,772.62 Operational Expense Total $ 93,882.45 Type of Expenditure Amount Operational Expense $ 24,773.98 Repairs/Replacement $ 68,467.21 Administration Expense $ 641.26 Total $ 93,882.45 Source: City of Fort Collins 2012-2016 General Ledger Exhibit H City of Fort Collins, Colorado Lee Martinez Park Addition Description of Expenditures Amount DPFG Categorization of Expenditure UMB Card Services $ 3,822.65 Operational Expense Total $ 3,822.65 Type of Expenditure Amount Operational Expense $ 3,822.65 Repairs/Replacement $ - Administration Expense $ - Total $ 3,822.65 Source: City of Fort Collins 2012-2016 General Ledger Exhibit I City of Fort Collins, Colorado Richards Lake Description of Expenditures Amount DPFG Categorization of Expenditures UMB Card Services $ 2,839.91 Operational Expense Total $ 2,839.91 Type of Expenditure Amount Operational Expense $ 2,839.91 Repairs/Replacement $ - Administration Expense $ - Total $ 2,839.91 Source: City of Fort Collins 2012-2016 General Ledger Exhibit J City of Fort Collins, Colorado Avery Park Description of Expenditures Amount DPFG Categorization of Expenditure Avery Park FPUP $ 50.00 Operational Expense Banner Concrete $ 54,608.46 Repairs/Replacement City of Fort Collins Miscellan $ 117.81 Operational Expense Finishing Touch $ 12,900.00 Repairs/Replacement King Surveyors Inc $ 3,440.00 Repairs/Replacement Korby Landscaping LLC $ 10,137.50 Repairs/Replacement Playpower LT Farmington Inc $ 4,598.00 Repairs/Replacement UMB Card Services $ 1,713.16 Operational Expense W/O Jefferson/SH 14 projects $ 12.75 Operational Expense Total $ 87,577.68 Type of Expenditure Amount Operational Expense $ 1,893.72 Repairs/Replacement $ 85,683.96 Administration Expense $ - Total $ 87,577.68 Source: City of Fort Collins 2012-2016 General Ledger Exhibit K City of Fort Collins, Colorado Maple Hill Park Description of Expenditures Amount DPFG Categorization of Expenditure Baker Lateral Company $ 392.70 Operational Expense Boxelder Sanitation District $ 6,063.69 Operational Expense Concrete Structures Inc $ 4,707.00 Repairs/Replacement Poudre School District $ 90.00 Operational Expense Total $ 11,253.39 Type of Expenditure Amount Operational Expense $ 6,546.39 Repairs/Replacement $ 4,707.00 Administration Expense $ - Total $ 11,253.39 Source: City of Fort Collins 2012-2016 General Ledger Exhibit L City of Fort Collins, Colorado Trailhead Park Description of Expenditures Amount DPFG Categorization of Expenditure Hartshorn Waterworks LLC $ 15,373.34 Operational Expense Ops $ 297.00 Operational Expense Ops Billing 04-16 $ 165.00 Operational Expense Ops Billing 05-16 $ 297.00 Operational Expense Ops Billing Jan 16 $ 714.00 Operational Expense Ops Services Billing Dec-15 $ 1,517.00 Operational Expense Total $ 18,363.34 Type of Expenditure Amount Operational Expense $ 18,363.34 Repairs/Replacement $ - Administration Expense $ - Total $ 18,363.34 Source: City of Fort Collins 2012-2016 General Ledger Description of Expenditures Amount DPFG Categorization of Expenditure Salaries-Regular $ 1,183,090.52 Administration Expense Salaries-Hourly $ 4,685.93 Administration Expense Health Insurance $ 132,016.65 Administration Expense Dental Insurance $ 8,119.24 Administration Expense Retirement Contributions $ 75,946.03 Administration Expense GERP $ 12,858.64 Administration Expense Social Security & Medicare $ 86,024.87 Administration Expense Workers Compensation $ 3,215.81 Administration Expense Employees Group Life Ins $ 1,942.10 Administration Expense Long-term Disability $ 5,144.03 Administration Expense Education & Training Services $ 240.00 Operational Expense Cell Phones Services $ 12,610.63 Operational Expense Office Supplies $ 7,424.21 Operational Expense Meals - Business, Non Travel $ 2,033.44 Operational Expense Other Supplies $ 17,816.98 Operational Expense Telephone Services $ 5,046.56 Operational Expense Internal Investment Services $ 4,652.00 Operational Expense Admin Services to General Fund $ 151,263.04 Operational Expense E-Mail & PDA Admin Services $ 1,067.60 Operational Expense Transfer to Fund 603 $ 48,242.00 Operational Expense Conference and Travel $ 21,494.55 Operational Expense Vehicle Repair Services $ 9,223.25 Operational Expense Motor Fuel, Oil & Grease $ 3,102.70 Operational Expense Copy & Reproduction Services $ 2,028.60 Operational Expense Postage & Freight Services $ 10,946.33 Operational Expense Dues & Subscription Services $ 10,817.00 Operational Expense Right of Way $ 11,373.97 Operational Expense Computer Hardware $ 33,406.71 Operational Expense Other Employee Travel $ 5,649.58 Operational Expense Mileage $ 155.20 Operational Expense Meals - Traveling $ 284.14 Operational Expense Computer Software $ 6,862.82 Operational Expense Other Personnel Costs $ 205.00 Operational Expense Food & Related Supplies $ 2,303.50 Operational Expense GERP Supplemental Charges $ 27,328.00 Administration Expense Salaries-Overtime $ 825.93 Administration Expense Termination Pay $ 20,341.35 Administration Expense Copier Rental Services $ 6,432.97 Operational Expense Interview Applicant Travel $ 5.09 Operational Expense Other Prof & Tech Services $ 6,517.73 Operational Expense Other Office Related Supplies $ 448.03 Operational Expense Office Equipment $ 989.82 Operational Expense Software Maint & Support Serv $ 2,087.36 Operational Expense Salaries-Contractual $ 582.06 Administration Expense Computer Software - Capital $ 728.01 Operational Expense Clothing Supplies $ 326.05 Operational Expense Taxable Employee Recognition $ 177.50 Administration Expense Contract Pmt to Govt/Other $ 414.00 Operational Expense Other Land & Bldg Supplies $ 10.71 Operational Expense Health & Safety Supplies $ 329.48 Operational Expense Total $ 1,948,837.72 Type of Expenditure Amount Operational Expense $ 386,539.06 Repairs/Replacement $ - Administration Expense $ 1,562,298.66 Total $ 1,948,837.72 Source: City of Fort Collins 2012-2016 General Ledger Exhibit N City of Fort Collins, Colorado Parkland Equipment Replacement Description of Expenditures Amount DPFG Categorization of Expenditure Reclass playground expenses $ 12,233.69 Repairs/Replacement UMB Card Services $ 5,189.44 Repairs/Replacement Total $ 17,423.13 Type of Expenditure Amount Operational Expense $ - Repairs/Replacement $ 17,423.13 Administration Expense $ - Total $ 17,423.13 Source: City of Fort Collins 2012-2016 General Ledger ATTACHMENT 7 -1- 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 -2- Expansion 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. -3- (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 -4- 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 -5- the 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 -6- 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 -1- 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. -2- 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 one (1) three-fourths (¾) inch, the nonresidential rate shall apply. a. For the first three-fourths-inch water tap or meter $720.00 $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. $1,220.00 $1,237.00 c. Plus, for each square foot of lot area of a lot served by either a three- fourths (3/4) inch or one (1) inch water tap or meter $0.33 $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 International Building Code as adopted and Uniform Plumbing Code as amended pursuant to Chapter 5 of this Code. a. For each residential building unit $540.00 $530.00 b. Plus, for each square foot of lot area $0.24 $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 International Building Code as adopted and amended pursuant to Chapter 5 of this Code. 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 $540.00 $530.00 b. Plus, for each square foot of lot area $0.24 $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 -3- Plant Investment Fee ¾ $7,180 $7,940 1 $19,710 $20,960 1½ $42,220 $43,520 2 $66,680 $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. $4.66 $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 -1- 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. -2- (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 $3,500 $3,537 B and C Duplex and Multi-family Per each dwelling unit or mobile home space $2,520 $2,588 D, E, F Non-residential and Industrial Water meter size (inches) Fee Fee ¾ $7,130 $7,518 1 $17,200 $16,553 1½ $33,410 $31,728 2 $59,140 $65,813 3 and above Calculated on an individual basis based on peak wastewater flow (determined in the manner set forth hereinafter) but not less than the charge for a two- inch meter G User outside Same as equivalent category, plus any special sanitation district fees H Special Determined pursuant to Subsection (d) of this Section . . . -3- (d) The amount of the plant investment fee and surcharge for each nonresidential surcharged user, users in Category H and any user that is expected to generate greater than its proportionate share of peak day flow at the treatment plant for the applicable category (including both contributed wastewater volume and volume related to infiltration and inflow), shall be calculated utilizing the following formula: SPIF = Site Flow × [Flow$ + (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 $8.76 $9.19 BOD = Average BOD concentration for user category or measured BOD concentration for the user as determined in accordance with Subsection (c) of this Section, but not less than 200 mg/l BOD$ = Unit cost of facilities attributable to treating BOD Per mg/l $0.0130 $0.0143 TSS = Average TSS concentration for user category or measured TSS concentration for the user as determined in accordance with Subsection (c) of this Section, but not less than 250 mg/l TSS$ = Unit cost of facilities attributable to treating TSS Per mg/l $0.0104 $0.0114 -4- . . . (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 510 491 1 1,230 1,081 1½ 2,390 2,072 2 4,230 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 -5- Passed and adopted on final reading on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- 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 $8,217 $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 Parkland & Administration Costs City of Fort Collins, Colorado Exhibit M Capital Improvements No - Increased by Denver Greeley CPI and ENR Index. (1) 11/6/2012 2011 125, 2010 Park, Police, Fire and General Government, Street Oversizing Capital Improvements No - Increased by Denver Greeley CPI and ENR Index. (1) 1/7/2011 Footnotes (1) The absence of a Fee Study in this instance does not represent non-compliance w/ Colorado statutes or industry standards for such matters. Ordinance Review City of Fort Collins, Colorado B. Transaction Support - Based upon our Review of the revenue and expenditure transactions randomly selected from the City’s General Ledger along with appropriate supporting documentation, we did not note any discrepancies which would lead us to believe that City staff is not properly documenting its CEF transactions. Dev Permit Fees - Building Permits Stormwater PIF 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: