HomeMy WebLinkAbout080 - 07/02/2024 - AMENDING ORDINANCE NO. 107, 2023, AND APPROPRIATING PRIOR YEAR RESERVES DESIGNATED FOR FIRE SERVICESORDINANCE NO.080,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ORDINANCE NO.107,2023,AND APPROPRIATING
PRIOR YEAR RESERVES DESIGNATED FOR FIRE SERVICES
IN THE FIRE PROTECTION CAPITAL EXPANSION FUND FOR
PAYMENT TO THE POUDRE FIRE AUTHORITY TO BE USED
FOR A NEW HEADQUARTERS BUILDING
A.The City of Fort Collins has recognized and addressed the issue of requiring
future growth and new development to contribute its proportionate share of the cost of
providing new capital facilities and infrastructure required to maintain the City’s level of
services to its residents.
B.The City Council adopted Ordinance No.051,1996,on May 21,1996,
amending the City Code by adding a new article pertaining to the imposition of capital
expansion fees to be used to fund capital improvements for the library,community parks,
police services,fire services,and general government facilities.
C.The City Council adopted Ordinance No.166,2018,on December18,2018,
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.
D.The capital expansion fees imposed under the provisions of the
aforementioned article of the City Code,including a Fire Protection Capital Expansion
Fee,went into effect on January 1,2019,and the City has since been receiving such fees
as a condition of the issuance of building permits in the City.
E.The administrative headquarters of the Poudre Fire Authority (the
“Authority”),located at 102 Remington Street,house Fire Prevention and Community Risk
Reduction as well as Operations and those administrative personnel of the Authority
whose duties include the management and coordination of public education and
emergency services.
F.Additional space or a new,larger building to house administrative
headquarters (the “Project”)has been a priority of the Authority since 2014 due to
shortages of space in meeting both current and future needs at the facility.
G.City Code Section 7.5-30(a)requires that capital expansion fees for fire
services be used only for capital improvements related to the provision of fire services,
as such improvements may be identified in the capital improvements plan for fire
protection services.
H.Such “capital improvements”are defined in Code Section 7.5-17 to include
“the purchase or long-term lease or lease-purchase of real property.”
The Project is included in the Poudre Fire Authority 2023 PFA Long-Range
Financial Plan,adopted by the Board of Directors of the Authority on November 15,2022.
J.On September 5,2023,City Council adopted on second reading Ordinance
No.107,2023 (the “2023 Ordinance”),appropriating $3,511,575 from prior year reserves
in the Fire Protection Capital Expansion Fee Account in the Capital Expansion Fee Fund
for the Authority to use to purchase a new facility located at 301 Remington Street.
K.After Council adopted the 2023 Ordinance and the City transferred the
funds to PFA,the purchase and sale of the facility at 301 Remington Street fell through
and PFA found a different facility to purchase.Accordingly,this Ordinance amends the
2023 Ordinance to clarify Council’s intent that the $3,511,575 is appropriated not just for
PFA to purchase 301 Remington Street,but for PFA to use to purchase a facility it
chooses.
L.The estimated cost to purchase the Project is $9,750,000,with $4,550,000
due at closing and seller financing interest free loan amount of $5,000,000 with a term of
two years from the closing date.Costs to remodel and furnish the new Headquarters will
come from a combination of Poudre Fire Authority Reserve and the Capital Expansion
Fees requested.The sale of the current Headquarters Facility and the sale of Poudre
Fire Authority’s Station 7 in LaPorte will contribute to the outstanding loan payment.
Funding sources for the purchase and associated costs are identified as follows:
City of Fort Collins Fire Protection Capital
Expansion Fees (received in 2023 per the 2023 Ordinance)$3,511,575
City of Fort Collins Fire Protection Capital
Expansion Fees (current request)986,763
Poudre Fire Authority Existing Appropriations 200.000
Total $4,698,338
M.The aforementioned request for appropriation of said fees is consistent with
the uses of the fees set forth in Chapter 7.5 of the City Code.
N.Funds are available in the Fire Protection Capital Improvement Expansion
Fund from prior year reserves in the amount of $986,763.
0.Article V,Section 9 of the City Charter permits the City Council,upon the
recommendation of the City Manager,to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years,notwithstanding that such reserves
were not previously appropriated.
P.The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Fire Protection Capital Expansion Account in the Capital Expansion Fund and will not
cause the total amount appropriated in the Capital Expansion Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in this Fund
during this fiscal year.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.The ninth Whereas clause of Ordinance No.107,2023,is hereby
replaced in its entirety to read as follows:
WHEREAS,the Authority’s staff has been working with the City’s Real
Estate Services on options to acquire additional office space and has identified a
property and building (the “New Facility”).The Authority has made an offer to
purchase the property and the owner has accepted the offer.
Section 2.Section 2 of Ordinance No.107,2023,is hereby replaced in its
entirety to read as follows:
Section 2.That there is hereby appropriated from prior year reserves in
the Fire Protection Capital Expansion Fee Account in the Capital Expansion Fee
Fund,the sum of THREE MILLION FIVE HUNDRED ELEVEN THOUSAND FIVE
HUNDRED SEVENTY-FIVE DOLLARS ($3,511,575),to be expended from the
CEF Fund for payment to the Authority for it to use in its purchase of the New
Facility,or such other real property that the Authority deems to be suitable for its
needs,provided such acquisition is consistent with the purposes and intent of this
Ordinance.
Section 3.There is hereby appropriated from prior year reserves in the Fire
Protection Capital Expansion Fee Account in the Capital Expansion Fee Fund the sum of
NINE HUNDRED EIGHTY-SIX THOUSAND SEVEN HUNDRED SIXTY-THREE
DOLLARS ($986,763)to be expended from the Capital Expansion Fund for payment to
the Poudre Fire Authority to be used for the purchase of a new administrative
headquarters.
Introduced,considered favorably on first reading on June 18,2024,and approved
on second reading for final passage on July 2,2024
I -ityc/
Effective Date:July 12,2024
Approving Attorney:Ryan Malarky
ATTEST:
LI