HomeMy WebLinkAbout048 - 04/01/2014 - AUTHORIZING THE EXECUTION OF A NEW INTERGOVERNMENTAL AGREEMENT PERTAINING TO A REGIONAL ROAD IMPACT ORDINANCE NO. 048, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF A NEW INTERGOVERNMENTAL AGREEMENT
PERTAINING TO A REGIONAL ROAD IMPACT FEE PROGRAM,
ADOPTING A REGIONAL ROAD IMPACT FEE SCHEDULE,
RATIFYING CERTAIN PAST ACTIONS RELATED TO SUCH FEE AND AMENDING
SECTIONS 7.5-85 AND 7.5-87 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, the City is authorized under Article XX, Section 6 of the Colorado
Constitution to adopt appropriate ordinances and regulations for the purpose of promoting and
preserving the public health, safety and welfare of the citizens of the City, and has the full right
of self-government in local municipal matters including, without limitation, the power to
regulate, as matter of purely local concern, the development of real property within the City; and
WHEREAS,,the City Council has determined that future growth and new development in
the City should contribute a proportionate share of the cost of providing the capital
improvements necessary to mitigate the impacts of such growth and new development; and
WHEREAS, by adoption of Chapter 7.5, Article It of the City Code, the City Council has
adopted certain capital improvement expansion fees to help defray the capital cost of expanding
public facilities within the City in order to accommodate new development in the City; and
WHEREAS, the Larimer.County Commissioners and the City Council have determined
that the imposition of a regional road impact fee is an effective method to ensure that new
development bears a proportionate share of the costs of improving the regional road system that
serves both City and County residents, and expanding that system as necessary to accommodate
new development; and
WHEREAS, Latimer County and the City have the authority to cooperate in adopting
regional fees for such purposes pursuant to the Colorado Constitution. the Colorado statutes and
the Charter of the City of Fort Collins; and
WHEREAS. in 2000, pursuant to Article XIV, Sections 18(2)(a) and (b) of the Colorado
Constitution; Sections 29-20-105 and 29-1-203, C.R.S.; and Article II, Section 16 of the Fort
Collins City Charter, the City and Larimer County entered into an intergovernmental agreement
(the `'Original IGA"), the purpose of which was to jointly adopt a regional capital improvement
expansion fee program for the purpose of providing road capital improvements for the regional
road system (the "Fee Program"); and
WHEREAS, the Original IGA was authorized by the City Council pursuant to Resolution
2000-024, adopted on February 1, 2000; and
WHEREAS, pursuant to the Original IGA, the City Council implemented. the Fee
Program within the City by enacting Article VI of Chapter 7.5 of the City Code, establishing a
Regional Transportation Capital Improvement Expansion Fee (the °`Fee"); and
- 1 -
WHEREAS, City Code Section 7.5-82(2(l)(c) states in part that the amount of the Fee
should be in accordance with a fee schedule approved by the City Council by ordinance; and
WHEREAS, in addition, City Code Section 7.5-85(b) states that Fee revenues must be
spent on those regional road capital improvement projects that are: (1) included in the Regional
Road Capital Improvements Plan ("Regional Road CIP") developed by Latimer County for
expanding County-maintained arterial and collector roads in the unincorporated areas of the
County that primarily serve traffic moving between cities, and (2) approved by the City Council
by ordinance or resolution and determined by the City Council to be of substantial benefit to the
residents of the City; and
WHEREAS, on February 15, 2000, by the adoption of Ordinance No. 13, 2000, the City
Council approved the then-current Regional Road CIP; and
WHEREAS, in 2008, the City transferred to the County for expenditure Fee revenues in
the amount of $117,000 for a project known as the "2008 Taft Hill/Laporte Intersection
Improvements," which project was not listed on the Regional Road CIP; and
WHEREAS, in addition; there are two other projects yet to be constructed that are not on
the Council-approved Regional Road CIP, namely, the "Larimer County Shields Street
Improvements" from Vine to Willox and the "Vine and Shields Intersection Improvements,"
which City staff believes should be approved by the City Council as being appropriate for the use
of Fee revenues; and
WHEREAS, the City Council believes that these three projects are all of substantial
benefit to the residents of the City; and
WHEREAS, Code Sections 7.5-85(d) and 7.5-87 establish processes for handling Fee
revenues and periodically reviewing the way in which the Fee has been established, sized and
administered; and
WHEREAS, during the period of time that the Fee has been in place, some of the
foregoing requirements have not consistently been followed, and City staff has recommended
that the City Council ratify the actions taken by the City in furtherance of the Fee Program
during that period of time, and that certain changes be made to the administrative requirements
of the Fee Program; and
WHEREAS, projections show that there will be continued growth and development in
the region over the next twenty years which will increase the demand for capacity on the regional
road system; and
WHEREAS, the City Council has determined that a new intergovernmental agreement
should be executed for an indefinite period of time.
- 2 -
NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby authorizes the Mayor to execute a new
Regional Road Impact Fee Intergovernmental Agreement for an indefinite term, in substantially
the form attached hereto and incorporated herein as Exhibit "A," with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purpose of this
Ordinance.
Section 2. That the City Council hereby ratifies all Fee amounts heretofore imposed
and collected by the City under Section 7.5-82 of the City Code.
Section 3. That the City Council hereby finds that the following projects are of
substantial benefit to the residents of the City, and hereby approves the expenditure of Fee
revenues for said projects: the "2008 Taft Hill/Laporte Intersection Improvements, the
"Larimer County Shields Street Improvements" and the "Vine/Shields Intersection" project.
Section 4. That the City Council hereby adopts and approves a new fee schedule as
required pursuant to Section 7.5-82(c)(I) of the City Code, which fee schedule is attached hereto
as Exhibit-B."
Section 5. That Section 7.5-85(a), (b) and (d) of the Code of the City Fort Collins is
hereby amended to read as follows:
Sec. 7.5-85. Benefit districts.
(a) Establishment. For the purpose of further ensuring that feepayers receive
sufficient benefit for fees paid, all of the area within Larimer County is hereby designated
as the Regional Transportation Capital Improvement Expansion Fee Benefit District (the
"Benefit District").
(b) Expenditure. Regional transportation capital improvement expansion fee funds
shall be spent solely for transportation improvements within the Benefit District. The
expenditure of regional transportation capital improvement expansion fee funds collected
within the City shall be limited to those regional road capital improvement projects
included in the most recent Regional Road CIP, approved by the City Council as
consisting of road improvements within the Benefit District that are of substantial benefit
to the residents of the City. If, within any period of three (3) consecutive years from the
date that the first regional transportation capital expansion fee revenues are forwarded to
the County's Regional Road Impact Fee Administrator by the participating local
governments, all of said participating local governments, including the City, have been
unable to agree upon a plan for expenditure of such funds, all unexpended monies
theretofore transmitted to the County's Regional Road Impact Fee Administrator shall be
returned to the participating local governments, together with a proportionate share of the
accrued interest on said funds. The City shall then refund any such funds received from
- 3 -
the County to the feepayers, or their successors in interest (if the development subject to
the fee has been sold by the feepayer), pursuant to the following procedures:
(d) Establishment of trust fund. There is hereby established the Regional
Transportation Capital Expansion Fee Trust Fund for the purpose of assuring that
feepayers receive sufficient benefit for regional transportation capital improvement
expansion fees paid. All regional transportation capital improvement expansion fees
collected by the Financial Officer pursuant to this Division shall be forwarded monthly to
the County's Regional Impact Fee Administrator. Upon receipt, said fee revenues shall be
forthwith deposited by the County into a Regional Transportation Capital Improvement
Expansion Fee Trust Fund (the "Trust Fund"). Any proceeds in the Trust Fund not
immediately necessary for expenditure shall be invested in an interest-bearing account.
All income derived from these investments shall be retained in the Trust Fund. Records
of the Trust Fund accounts shall be available for public inspection in the County's
Regional Road Impact Fee Administrator's office, during normal business hours. All
monies within the Trust Fund shall be expended only as provided in this Article.
Section 6. That Section 7.5-87 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-87. Review every three years.
At least once every three (3) years, the Fee Administrator shall recommend to the City
Manager whether any changes should be made to the regional transportation component
of Larimer County's Transportation Capital Expansion Fee and Park In-Lieu Fee Study;
the Regional Road CIP and this Division. For making this determination, the Fee
Administrator shall consult with the Regional Road Impact Fee Administrator of the
other participating local governments. The purpose of this review shall be to analyze the
effects of inflation on actual costs, to assess potential changes in needs, to assess any
changes in the characteristics of land uses and to ensure that the regional transportation
capital improvement expansion fees will not exceed a pro rata share.
Introduced, considered favorably on first reading, and ordered published this 18th day of
March, A.D. 2014, and to be presented for final passage on the 1st day of April, A.D. 2014.
f,ORT CO,
ZI or —
ATTEST: SrA,ALL
(/VLZ'ytfit tIL /�l/ c COLO4t!'��
Z:1Sv�
City Clerk
- 4 -
Passed and adopted on final reading on the 1st day of April, A.D. 2014.
M yor
ATTEST:
'.cn
yr
City Clerk
�a ..........
�OR-AD,O .
- 5 -
Exhibit A
REGIONAL ROAD IMPACT FEE
INTERGOVERNMENTAL AGREEMENT
This Regional Road Impact Fee Intergovernmental Agreement (hereinafter"Agreement')
is entered into, made, and enacted this day of 2014, by and between the
Board of County Commissioners of Latimer County, Colorado (hereinafter referred to as "the
County") and the Governing Body of the City of Fort Collins, Colorado, a Colorado municipal
corporation (hereinafter the "City");
WITNESSETH:
WHEREAS, the region to which this Agreement refers consists of the entirety of the
unincorporated County, including the incorporated area of the City (the"Region"); and
WHEREAS, the County and the City recognize that there is a regional. road system that
connects the urban areas within the County (the "Regional Road System"); and
WHEREAS, projections show that there will be continued growth and development in
the Region which will increase the demand for capacity on the Regional Road System; and
WHEREAS, Larimer County is updating its transportation master plan (the "Latimer
County Transportation Master Plan") and has prepared an impact fee study (the "Latimer County
Road Capital Expansion Fee and Park In-Lieu Fee Study"), based upon the Larimer County
Transportation Master Plan, for the purpose of determining the proportionate amounts that
should be paid by the developers of real property in the County to defray the costs of
constructing improvements to the Regional Road System that are needed to mitigate the impacts
of their developments; and
WHEREAS, the County and the City have determined that the imposition of a regional
road impact fee is an effective method to ensure that new development bears a proportionate
share of such costs, and that such fee promotes and protects the public health, safety and welfare;
and
WHEREAS, the County and the City have the authority to adopt such a fee pursuant to
the Colorado Constitution and the Colorado statutes; and
WHEREAS, it is the objective of the County and the City to make the most efficient use
of their powers by adopting and jointly administering a program to manage the collection and
expenditure of Fee revenues to fund improvements to the Regional Road System in order to
maintain an appropriate level of service on those roads (the "Fee Program"); and
WHEREAS, in 2000, pursuant to Article XIV, Sec. 18(2)(a) and (b) of the Colorado
Constitution; Sections 29-20-105 and 29-1-203, C.R.S.; and Article II, Section 16 of the Fort
Collins City Charter, the City and Larimer County entered into an intergovernmental agreement
(the "Original IGA") to implement the adoption of the Fee Program; and
WHEREAS, the Original IGA was authorized by the City Council by the adoption of
Resolution 2000-24, on February 1, 2000; and
WHEREAS, pursuant to the Original IGA, the County implemented the Fee Program in
unincorporated Larimer County by the adoption of a Regional Road Capital Expansion Fee upon
the developers of land use projects in such area; and
WHEREAS, similarly, the City Council implemented the Fee Program within the City by
enacting Article VI of Chapter 7.5 of the City Code, establishing a Regional Transportation
Capital Improvement Expansion Fee (the "Fort Collins Fee"); and
WHEREAS, projections show that there will be continued growth and development in
the region which will increase the demand for capacity on the regional road system; and
WHEREAS, the City Council has determined that a new intergovernmental agreement
should be executed for the purpose of extending the Fee Program.
NOW, THEREFORE, pursuant to the provisions of Article XIV, Sections 18(2)(a) and
(b) of the Colorado Constitution, Sections 29-20-105 and 29-1-203, C.R.S., and Article 11,
Section 16 of the Fort Collins City Charter, and in consideration of the mutual promises
contained herein and for other good and valuable consideration, it is hereby agreed by and
between the parties hereto as follows:
1. Agreement to Jointly Exercise Powers. The County and the City agree to continue to
jointly use their authority to plan for and implement the Fee Program for the Region.
2. Joint Responsibilities. The parties' responsibilities under this Agreement shall be as
follows:
a. Planning Responsibilities/Preparation of Region's Capital Improvement
Program (CIP). Latimer County has conducted a transportation study of the
Region and prepared a regional road capital improvements plan (the "Regional
Road CIP") and, shall, from time-to-time update the same. Updates of the
Regional Road CIP shall not be effective within the jurisdiction of the City until
they have been approved by the City Council as consisting of road,improvements
within the Region that are of substantial benefit to the residents of the City.
2
b. Administrative Responsibilities of Program. Larimer County shall administer
the Fee Program and the Board of County Commissioners of Larimer County
shall appoint a Regional Road Impact Fee Administrator who shall be responsible
for the day-to-day administration of the Fee Program in the County, with
assistance from the City. Specifically, the Regional Road Impact Fee
Administrator shall be responsible for the following:
(i) Administration of independent fee calculation studies, credits, and
refunds.
(ii) Receipt of the City revenues generated by the Fort Collins Fee, less an
administrative fee charged by the City not to exceed two (2) percent per
annum, which revenues 'shall be delivered to the Regional Road Impact
Fee Administrator on a monthly basis each year. The Regional Road
Impact Fee Administrator shall transfer these funds into a Trust Fund.
Any change to the amount of the County's Fee shall become effective in
the City only upon the approval thereof by the City Council.
(iii) Administration of the expenditure of funds from the Trust Fund. The
Regional Road Impact Fee Administrator shall, upon request by the City,
prepare a report and recommendation regarding the proposed expenditures
of trust fund monies for road improvements shown on the Regional Road
CIP, and promptly submit the same to the City. After review of the
recommendation, the City shall approve or modify the recommended
expenditures of monies held in the Trust Fund. Expenditures shall be
limited to those road capital improvement projects approved for
expenditure by the City. If, within a period of three (3) consecutive years
from the date that Fort Collins Fee revenues are first forwarded to the
Regional Road Impact Fee Administrator by the City, the parties have
been unable to agree upon a plan of expenditure for such funds, all monies
theretofore transmitted to the Regional Road Impact Fee Administrator
shall be returned to the City, together with a proportionate share of the
accrued interest on said funds, and all obligations of the parties under this
Agreement shall cease. The City shall refund said funds to the feepayers
or to their successors in interest in those instances where developments
subject to the fee have been sold by the feepayers.
(iv) Any Fort Collins Fees collected by the City and transferred to the County
under the authority of this Agreement shall be returned by the County to
the feepayer or the feepayer's successor in interest (if the development
subject to the fee has been sold by the feepayer) if the Fort Collins Fee
revenues have not been spent within seven (7) years from the date the
building permit for the development was issued, along with the interest
3
earned on such fees. All fees shall be deemed to be spent on the basis of
the first fee collected shall be the first fee spent. The refund shall be
administered by the Regional Road Impact Fee Administrator.
(v) Initiation of a review of the Regional Road Impact Fee Study, Regional
Road CIP and the fees imposed by the County and the City under this
Agreement will be conducted by the parties at least once every three (3)
years to determine if any modifications need to be made to the program.
Before any modifications to the Regional Road Study take effect, they
shall be approved by the City Council and the Board of County
Commissioners.
3. Duration. This Agreement shall be of indefinite duration.
4. Claims and Lawsuits. In the event that the fees imposed by the County and/or the City
under this Agreement are challenged by any party through the filing of a notice of claim
with the City under the Colorado Governmental Immunity Act or the commencement of
any litigation, the County and the City agree to pay their own costs and attorneys' fees
related to such claim or litigation. However, the County further agrees, immediately
upon receiving any notice from the City of the filing of such a notice of claim or the
commencement of such litigation, to segregate and hold in a separate account the full
amount of any Fort Collins Fee revenues theretofore delivered to the County by the City
which are, or may be, the subject of such notice of claim or litigation, provided that such
fee revenues have not been expended or encumbered by the County, pursuant to a fully
executed agreement between the County and a third party, for the purpose of designing,
engineering or installing improvements for regional roads, or acquiring rights-of-way for
such regional roads. Such amounts shall be held by the County and not expended until
the dispute that is the subject of the notice of claim or litigation has been finally resolved,
either by agreement or by a final decision of any court having jurisdiction over the
.matter, at which time said fee revenues shall be expended, to the extent they, are
sufficient, to satisfy any amount due to the claimant(s) or plaintiff(s) pursuant to the
terms of any settlement agreement or final court decision. The City shall have the right,
in its sole discretion, to settle any such claims or lawsuits, utilizing, if necessary in the
City's judgment, the full amount of the funds held by the County under this provision.
5. Termination. Either party shall have the authority to terminate its participation in this
Agreement and the Fee Program upon sixty (60) days written notice to the other party.
Following any such termination, the parties shall negotiate in good faith to agree upon the
regional road improvements to be funded by any Fort Collins Fee revenues theretofore
forwarded to the County by the City and remaining in the trust fund as of the date of
termination. In the event that, within six (6) months from the date of termination, the
parties have not been able to reach agreement with regard to any such proposed
expenditures, the remaining amount of City funds in the trust fund shall be forthwith
4
returned to the City, together with all accrued interest on said funds, and all other
obligations of the parties under this Agreement shall cease.
BOARD OF COMMISSIONERS
LARIMER COUNTY, COLORADO
By:
Chair
ATTEST:
Deputy and Clerk of the Board
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
By:
Mayor
ATTEST:
City Clerk
5
EXHIBIT B
LARIMER Larimer County Engineering Dept.
COUNTY 200 West Oak Street, Suite 3000
Fort Collins, CO 80521
970-498-5700
www.larimer.org/engineering
2013 Transportation Capital Expansion Fee Schedule
Effective July 1, 2013
Land Use Type Unit of County Regional Total
Measure Per Unit
Residential
Single Family Detached 1 Dwelling $2,861 $ 277
Cabin (30% of single family detached) 1 Dwelling $ 859 $ 84
Accessory Living Area - Attached 1 Dwelling no fee no fee no fee
Accessory Living Area - Detached 1 Dwelling $2,009 $ 194
Extended Family (3 yr permit) 1 Dwelling $ 429 $ 42
Farmstead Accessory Living 1 Dwelling $2,861 $ 277
Hotel/Motel 1 Room $2,665 $ 258
Mobile Home Park 1 Site $1,493 $ 146
Multi-Family 1 Dwelling $2,009 $ 194
*Transportation Capital Expansion Fee is calculated by multiplying unit by total $ per unit
Retail/Commercial
Auto Sales & Specialty Retail 1,000 sq ft $5,203 502
Auto Service/Repair/Tire Store 1,000 sq ft $3,185 307
Bank 1,000 sq ft $16,704 $1,613
Building Materials/Hardware/Nursery 1,000 sq ft $7,260 701
Convenience Store 1,000 sq ft $42,622 $4,115
Discount Store 1,000 sq ft $5,249 508
Furniture Store 1,000 sq ft $1,143 110
General Retail <100 000 sq ft 1,000 sq ft $10,404 1,006
General Retail 100 000-500 000 sq ft 1,000 sq ft $7,379 712
General Retail 500 001-1 000 000 sq ft 1,000 sq ft $6,095 589
General Retail > 1 million sq ft 1,000 sq ft $4,900 472
Movie Theater 1,000 sq ft $17,642 $1,703
Restaurant Fast Food 1,000 sq ft $24,913 $2,404
Restaurant Sit-Down 1,000 sq ft $8,584 828
*Transportation Capital Expansion Fee is calculated by multiplying unit by total $ per unit
Office/Institutional
Church/Synagogue 1,000 sq ft $2,582 $ 252
Day Care Center 1,000 sq ft $5,388 $ 523
Elementary/Secondary School 1,000 sq ft $2,054 $ 200
Hospital 1,000 sq ft $4,981 $ 481
Medical Office 1,000 sq ft $10,237 $ 993
Nursing Home 1,000 sq ft $1,757 $ 172
Office, General <100,000 sq ft 1,000 sq ft $4,637 $ 452
Office, General >200,000 sq ft 1,000 sq ft $3,603 $ 353
Office, General 100,000 - 200,000 sq ft 1,000 sq ft $3,956 $ 384
Industrial
General Light Industrial/Industrial Park 1,000 sq ft $2,422 236
Mini-Warehouse 1,000 sq ft 870 85
Warehouse 1,000 sq ft $1,725 $ 167
Note: Final fee calculation is done by the TCEF Administrator
IARIMER Larimer County Engineering Dept.
COUNTY 200 West Oak Street, Suite 3000
Fort Collins, CO 80521
Phone: 970-498-5700 Fax: 970-498-7986
a www.larimer.org/engineering
Transportation Capital Expansion Fee (TCEF) Calculation Form
Fee Schedule on back of page
General Project Information I Building Staff Use
Permit No.
Business Name
Business Address City
Parcel Number
Subdivision Name & Lot #
Fee Estimate Calculated Y/N ? Floor Plan Attached Y/N ?
Types of Uses
Retail/Commercial Area (Sq Ft)_ *Description of Other' Use
Auto Sales
Auto Service/Repair/Tire Store
Bank
Building Materials/Hardware/Nursery
Convenience Store
Discount Store
Furniture Store
General Retail < 100,000 sq ft
General Retail 100,000 - 500,000 sq ft
General Retail 500,001 - 1,000,000 sq ft
General Retail >1 million sq ft ,
Movie Theater
Restaurant, Fast Food
Restaurant, Sit-down
Office/Institutional Description of Previous Use
Church/Synagogue If a previous or existing business paid TCE fees,
Day Care Center a credit may apply to the calculation
Elementary/Secondary School
Hospital
Medical Office
Nursing Home
Office, General < 100,000 sq ft
Office, General 100,000 - 200,000 sq ft
Office, General > 200,000 sq ft
Industrial
General Light Industrial/
Industrial Park
Mini Warehouse
Warehouse
Building Staff Use
Other (include description*, at right)
'Previous Use'
Total Finished Sq Ft Building Permit No.
Applicant Information and Signature
Applicant Date
Please print name
Signature Phone