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TC Res. No. 2008-20 Approving an IGA between the TOA and the eagle river fire protection district concerning the collection payment and use of emergency service impact feesTOWN OF AVON, COLORADO RESOLUTION NO. 08-20 SERIES OF 2008 A RESOLUTION OF THE TOWN OF AVON, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO. AND THE' EAGLE RIVER FIRE PROTECTION DISTRICT, CONCERNING THE COLLECTION, PAYMENT AND USE OF EMERGENCY SERVICE IMPACT FEES WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 ("Charter"); and WHEREAS, pursuant to C.R.S. § 31-15-601(1)(1), the Town Council has the power to erect engine houses and provide fire engines and the necessary fire apparatus for the extinguishing of fires and to provide for. the use and management of the same by volunteer fire companies or otherwise; and WHEREAS, the Eagle River Fire Protection District is a Colorado special district existing,and operating under Title 32, Article 1, C.R.S., which includes the Town within its jurisdictional boundaries for the provision of fire protection and emergency medical'services; and WHEREAS, Article XI, Section 7, of the Colorado Constitution allows the State and its political subdivisions to give direct or indirect financial support and assistance to any other political subdivision as may be authorized by general statutes; and WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution supports the cooperation or contracting by or among any of its political subdivisions to provide any function or facility lawfully authorized to each of the cooperating units, including, without limitation, the sharing of costs, the imposition of.taxes, or the incurring of debts; and WHEREAS, Sections 29-1-201 and 203,' C.R.S., permit and encourage governmental entities to make the most efficient and effective use of their powers, and responsibilities by cooperating and contracting with other governmental entities to provide any function, service or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes and encourages local governments to cooperate or contract with other units of government for the purpose of regulating the development of land and the impacts thereof; and { 00086404.DOC / 2) WHEREAS, the Town-Council has adopted Ordinance No. 08-06 which amends Title 3 of the Municipal Code to add a new Chapter 3.40 which imposes. a fire protection and emergency medical services impact fee on behalf of the Eagle River Fire Protection District; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, as follows: Section 1. The Intergovernmental Agreement between the Town and the Eagle River Fire Protection District, attached as Exhibit A hereto, is approved. Section 2. The Town staff is authorized and directed to take all action necessary and appropriate with respect to the implementation of the agreement. ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, UPON A MOTION DULY-'MADE, SECONDED AND PASSED AT. ITS REGULAR MEETING HELD AT THE TOWN OF AVON, ON THE 10TH DAY OF JUNE, 2008. ~N or Ago :SEAL: Attest. TO=Ronald . COLO O By: C. Wolfe; Mayor By: {00086404.DOC / 2} INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE EAGLE RIVER FIRE PROTECTION DISTRICT, CONCERNING THE COLLECTION, PAYMENT AND USE OF EMERGENCY SERVICE IMPACT FEES THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of % ;:2008, by and between the Town of Avon, Colorado ("Town") and Ea a 'ver Fire Protection District ("District"), a special district of the State of Colorado. RECITALS WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 ("Charter"); and WHEREAS, pursuant to C.R.S. § 31-15-601(1)(1), the Town Council has the power to erect engine houses and provide fire engines and. the necessary fire apparatus for the extinguishing of fires and to provide for the use and management of the same by volunteer fire companies or otherwise; and WHEREAS, pursuant to Section 16.2 of the Charter, the Town may enter into contracts or agreements with other governmental units of every kind and character for the joint use of buildings, equipment, or facilities, or for furnishing or receiving commodities or services of public benefit under such terms and conditions as shall be approved by Council; and WHEREAS, the District is a quasi-municipal government and political subdivision of the State of Colorado operating pursuant to Article 1, Title 32; C.R.S., to . provide prevention and extinguishment of fire, protection of life and property from fire, enforcement of fire prevention codes, hazardous materials response, and-other emergency services authorized by statute or -typically provided by a public fire department. (collectively, "Emergency Services") within the Town; and WHEREAS, Article XI, Section 7, of the Colorado Constitution allows the State and its political subdivisions to give direct or indirect financial support and assistance to any other political subdivision as may be authorized by general statutes; and WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution supports the cooperation or contracting by or among any of its political subdivisions to provide any function or facility lawfully authorized to each of the cooperating units, including, without limitation, the sharing of costs, the imposition of taxes, or the incurring of debts; and {00086425.DOC WHEREAS, Sections 29-1-201 and 203, C.R.S., permit and encourage governmental entities to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governmental entities to provide any function, service or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes and encourages local governments to cooperate or contract with other units of government for the purpose of regulating the development, of land, including the impacts resulting therefrom; and WHEREAS, Section 29-20-104.5, C.R.S., authorizes counties and municipalities to impose an impact fee as a condition of issuance of a development permit to offset the costs of providing any capital facility directly related to any service the county or, municipality is authorized to provide, that has a useful life of at least five years, and is required by charter or general policy of the county or municipality; and WHEREAS, new development within the Town is placing significant additional demands on the provision of Emergency Services and the capital facilities necessary to provide them; and WHEREAS, the,Town acknowledges that without the assistance of the Town in imposing and collecting impact fees for Emergency Services and their expenditure on necessary -public facilities to provide the Emergency Services, citizens of the. Town may suffer the result of decreased levels of Emergency Services; and WHEREAS, pursuant to Ordinance No. 08-06 the Town Council has adopted amendments to the Avon Municipal Code which provide for fire protection and emergency medical services impact fees to be imposed on-development which generates a need for additional fire protection and emergency medical services capital facilities; and WHEREAS, by Ordinance No. 08-06 the Town Council has adopted an Impact Fee Schedule, Section 3.40.100, for the capital facilities of the District; and WHEREAS, the Town Council, upon consideration of the impacts of land developments within the-row non the ability of the District to provide adequate Emergency Services and related capital facilities within the District, has determined that it is in the best interests of the citizens of the Town and the District to cooperatively and in a coordinated fashion utilize :the revenues from the Town's impact fees for Emergency Services to fund expenditures by the Town on capital facilities needed to provide Emergency Services to new development; t00086425.DOC. 2 NOW, THEREFORE, in consideration of the Recitals stated above, and the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which is acknowledged, the Town and the District agree as follows: SECTION 1. PURPOSE The purpose of this Agreement is to provide for the joint and cooperative funding of expenditures by the parties on capital facilities needed to provide fire protection and emergency medical services to new development occurring within the Town, and thereby carry out the purposes and intent of Ordinance No. 08-06 ("the Impact Fee Ordinance"). Terms used in this Agreement and not defined herein shall have the meanings given to them in the Impact Fee Ordinance. SECTION 2. IMPOSITION AND COLLECTION OF AN IMPACT FEE FOR EMERGENCY SERVICES 2.1 During the term of this Agreement, the Town shall impose an impact fee for Emergency Services on each Lot (or other portion) of a Development upon the commencement of the Emergency Service-Generating Development. Such impact fee shall be paid to the Town at the time of issuance of a Building Permit. 2.2 For requests for Development approvals that are, processed by the Town's Community Development Department, the obligation to pay the required impact fees shall be fully disclosed to. the applicant by the Community Development Department prior,-6 such approval. Any developer requesting a development approval shall be subject to payment of the impact fees established by this Article as a condition of development approval. The obligation to pay such impact fees shall run with the land. The impact fee imposed shall be paid at the time of issuance of each Building Permit. 2.3 Town shall not issue a Building Permit for 'a property within a development subject to the Town's impact fees for Emergency Services unless the applicant provides proof of the applicant's payment of the impact fee. 2.4 The Town Council may, by resolution, grant a waiver of the applicable impact fees for fire and emergency medical services on a development or portion of a development for the purpose of constructing or providing low or moderately priced housing units for sale or lease to low or moderate income persons; provided that the parties to the development shall agree to appropriately restrict the future use of the applicable units by recorded agreement, deed restriction, covenants, declarations, or similar, instruments as may be required by the Town Manager. {00086425, DOC 3 SECTION 3. EXPENDITURE 3.1 When an impact fee for Emergency Services is paid to the Town, such funds shall be transferred by the Town to the District within sixty (60) days following receipt of such funds, less six percent (6%) of the fee as an administrative fee to offset the Town's costs of collecting and administering the impact fee. In addition, in the event the Town incurs. costs and expenses with respect to credits, refunds; liens, legal or equitable process or other matters specifically contemplated under Chapter 3.40, Avon Municipal Code, the District will promptly reimburse the Town for such costs and expenses provided the same are reasonable in amount. The Town hereby appoints and designates the District as the Town's designee and agent for purposes of administering and expending the impact fees for Emergency Services as provided herein. 3.2 Upon receipt, the District shall deposit the Town's impact fees for Emergency Services in an interest-bearing account identifying the lot, development activity and development approval for which the impact fee was collected and the associated category, account, or fund of capital expend. iture for which such impact fee was imposed. Any interest or other income earned on moneys deposited in the interest- bearing account shall be credited to the account. 3.3 The District shall use the Town's impact fees for Emergency Services to jointly fund, in combination with District funds, the capital facilities necessary to provide. the Emergency Services needed to serve future development, as contemplated by the Eagle River Fire Protection District Impact Fee Study, dated July 24, 2007, prepared by BBC Research & Consulting and Stan Bernstein and Associates, Inc., or an y updated, amended.or replacement analysis adopted by the Town (`BBC/Bernstein Impact Fee Study') attached hereto as Exhibit `A'. 3.4 The District may only utilize the Town's impact fee revenues for planning, preliminary architectural and engineering services, architectural and engineering design studies, land surveys, land acquisition, site improvements and off-site improvements associated with new or expanded facilities; the construction of buildings and other facilities; and the purchase of apparatus and equipment, including communications equipment, with an average useable life of at least five (5) years. No impact fees shall be used for periodic or routine maintenance of facilities and equipment, personnel costs, or operational expenses, or any purpose not otherwise authorized by Section 29-20-104.5, C.R.S. 3.5 In the event bonds or similar debt instruments are used to fund Emergency Service Capital Improvements necessary to provide Emergency Services to a development within the Town prior to collecting the impact fees associated with the {00086425.DOC 4 development as herein provided, once collected, the Town impact fees may be used to pay debt service on such bonds or similar debt instruments, or to reimburse the District for capital expenditures which have been made for Eligible Capital Facilities and Expenditures at any time after the date of this Agreement. 3.6 The District shall account for all impact fees for Emergency Services collected. pursuant to this Agreement in the manner required by Sections 29-1-801, et seq., C.R.S., and other applicable law. 3.7 No less than annually, the District shall provide to the Town a copy of its annual audit" report of its collection, administration and expenditure of all impact fees within the Town and not later than December 1, of each year, a copy of its annual budget detailing revenues and expenditures of impact fees, in the next calendar year. 3.8 The expenditure of revenues from the Town impact fees for Emergency Services so collected shall constitute expenditure by the Town for assisting in the provision of Emergency Services to new development within the Town. In exchange for the Town'i expenditure of the impact fees to jointly fund capital facilities in cooperation with the District, the Town shall obtain an ownership interest in the capital facilities funded by such impact fees, proportional to the amount of Town impact fees utilized to fund the capital facility. 3.9 In exchange for the continued provision of Emergency. Services within the Town by the District, the Town hereby assigns to the District the Town's interest in any and all capital facilities funded in whole or part by the Town's impact fees, for the life of the capital facility. The District shall operate and maintain the capital facilities in. good condition, subject to reasonable wear and tear. This section shall survive and remain in effect notwithstanding the termination of this Agreement or repeal or amendment of the Impact Fee Ordinance for so long as the District continues to use the capital facilities to provide Emergency Services to the development which paid the Town's impact fees. Upon the expiration of the useful life of the capital facilities, any remaining Town interest shall automatically transfer to the District. SECTION 4. LIABILITY AND INDEMNIFICATION Any other provisions of this-Agreement notwithstanding,, if the Town is required to make any. refund of any impact fee for Emergency Services, the District shall reimburse the Town for the required refund. The District shall indemnify; defend and hold the Town and its officers, agents and employees harmless from and against any and all claims or liability arising from the Town's adoption or.implementation of the Impact Fee Ordinance and the adoption or implementation of this Agreement; or the administration and expenditure by the District of any of the Town's impact fees. t00086425.DOC 5 Specifically, this indemnification shall include, but not be limited to, any legal action by any party contesting the adoption or implementation of this Agreement or the Impact Fee Ordinance on the grounds of procedural irregularity, unconstitutionality, lack of authority, breach of contract, preemption by State law or any other grounds. The District shall also indemnify, defend and hold the Town, and its officers, agents and employees, harmless from and against any and all claims arising from any breach or default in the performance of the obligations on the District's part to be performed under the Impact Fee Ordinance, the provisions of this Agreement, or arising from any intentional acts, negligence or omissions of the District or any of its officers, agents, and employees. Such indemnification by the District as provided in this Section shall include all costs, attorneys' fees, expenses and liabilities incurred in the defense of any claim or any action or proceeding brought on any such claim; provided, however, nothing contained herein waives or is intended to waive any protections that may be applicable to the District under the Governmental, Immunity Act, Section 24-10-101, et seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. In the event the Town is named as a party in any legal action, in consultation with the Town and subject to the Town's approval, the District shall select legal counsel to represent the Town in such action. Such action shall be vigorously defended against, the Town shall be consulted as to all significant decisions involved in the action, and the action shall not be compromised or settled without the consent of the Town, which consent shall not be unreasonably withheld. Payment of any amount owing pursuant hereto shall be paid by the District within thirty days of submission of an invoice by the Town or other appropriate billing entity.. In the event any amount owing to the Town is not paid when due, the amount owing shall bear interest pursuant to Section 3.31010, Avon Municipal Code, and the aggregate amount thereof may be offset by the Town against any amounts 'otherwise payable to the District hereunder. SECTION 5. TERM OF AGREEMENT The term of this Agreement shall commence upon execution of this Agreement and shall continue until the Impact Fee Ordinance is repealed; provided, however, either parry may terminate this Agreement upon giving at least ninety (90) days written notice of such intent to terminate to the other party. This Agreement is also subject to annual appropriation by either party of sufficient funds necessary to, carry out the obligations of the party. Upon termination, the District shall promptly return to the Town all Town impact fees for Emergency Services and interest accrued thereon that have not been expended on capital facilities under this Agreement; and each party shall have no further obligations under this Agreement, subject to the continued validity of Sections 3.8 and 3.9 as to capital facilities funded prior to such termination in whole or in part by the {00086425.DOC 6 expenditure of Town impact fees for Emergency Services and subject further to the continued validity of Section 4 as to liability and indemnification. SECTION 6. REMEDIES 6.1 Time is of the essence in this Agreement. 6.2 If a party violates or breaches or fails to keep or perform any covenant, agreement, term or condition of this Agreement'at the time designated; or in the event a party is in default or in violation of a term of this Agreement for which no specific time is designated, and the default or violation continues or is not remedied within thirty (30) days after notice in writing is given by the non-breaching party to the other party specifying the matter, claimed to be in default, the non-breaching party. shall be entitled to pursue all remedies available at law or in equity to enforce the terms of this.,Agreement, including the right of specific performance; provided, however, with', respect to any default that cannot be cured within thirty (30) days; such legal remedies shall not be pursued if the breaching party takes all steps necessary to cure, the default within such period and thereafter continuously exercises due diligence to cure the default. 6.3 The Town shall use its best efforts to collect the impact fees for Emergency Services and to withhold issuance of the Building Permit until the impact fees are paid as provided in this Agreement; however, inadvertent failure to do so by the Town shall not give rise to any liability by the Town. The Town's failure to collect the impact fees or the Town's issuance of a Building Permit without first receiving the impact fees shall not constitute a waiver of the Town's authority to collect such fees. In such case, the non- collected.impact fees shall remain valid obligations and the Town and the District shall cooperate to take such actions as are necessary to facilitate the collection of the same including, without limitation and to the extent legally permissible, suspending or revoking any permission'to develop land previously granted and enforcing liens or other equitable remedies at the District's expense. SECTION 7. NOTICES 7:1 All notices that may be required or given pursuant to this Agreement by a party to the other, shall be deemed to have been fully given.when made in writing and deposited in the United States first class mail, postage prepaid, and addressed as follows: (00086425. )OC 7 DISTRICT Eagle River Fire Protection District Post Office Box'7980 Avon, Colorado 81620-7980 TOWN OF AVON Town Manager Town of Avon P.O. Box 975 Avon, Colorado 81620 7.2 The address to which any notice or other writing may be given to any party as above provided may be changed by written notice given by such party as above provided. SECTION 8. MISCELLANEOUS -PROVISIONS 8.1 This Agreement is expressly conditioned upon the continuance in force of the Impact Fee Ordinance. In the event the Impact Fee Ordinance'is repealed or amended in a manner that is inconsistent with the terms of this Agreement,'this Agreement shall terminate. 8.2 No modification or waiver of this Agreement or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all, parties. 8.3 This written Agreement embodies the whole Agreement between the parties and there are no inducements, promises, terms, conditions or other obligations made or entered into by the parties other than those contained herein. 8.4 . This Agreement shall be binding upon the parties hereto, the respective successors or assigns, and may not be assigned by any party without the express written consent of the other party. 8.5 All terms contained in this Agreement are severable and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term or condition is not contained herein. 8.6 The signatorie$ to this Agreement affirm and warrant that they are fully authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize their, execution of this Agreement have been made. 8.7.. This Agreement may be amended from time, to time by written Agreement duly authorized by all the parties to this Agreement. {00086425.DOC 8 8.8 This Agreement does not and shall not-be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 8.9 This Agreement, or a memorandum of this Agreement, may be recorded in the records of the Eagle County Clerk and Recorder. (00086425.DOC - 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. TOWN OF N, COLORADQ, by and U~~40RADO Kenn, To Clerk Council through To wo. By: /Ag - - on Wolfe, Mayor EAGLE RIVER FIRE PROTECTION DISTRICT Colorado special district, acting by and u d of irectors. By: le A. ogre, Fire Chief/General Manager {00086425.DOC Exhibit A Eagle River Fire Protection District Impact Fee Study - Phase II, Final Report July 24, 2007 BBC Research & Consulting Stan Bernstein and Associates, Inc. BBC/Bernstein Impact Fee Study") i {00086425.DOC ( RES .m & CONSULTING 3773 Cherry Creek North Drive Suite 850 Denver, Colorado 80209-3827 303.321.2547 fax 303.399.0448 www.bbcresearch.com bbc@bbcresearch.com July-24, 2007 Mr. Charles Moore Fire Chief/General Manager Eagle River Fire Protection District 351 Benchmark Road Post Office Bog 7980 Avon, Colorado 81620-7980 Re: Eagle River Fire Protection District Impact Fee Study - Phase 11, Final Report Dear Mr. Moore: The Eagle River Fire Protection District hired BBC Research & Consulting (BBC) and Stan - Bernsteiri and Associates, Inc. (SBA) in November, 2006 to calculate impact fees for the Eagle River Fire Protection District (District). We will do so by answering the following four questions- 1 . What is the current level of service provided by the Eagle River Fire Protection District.? Since the primary purpose of impact fees is to help the Eagle River Fire Protection District maintain its current level of service in the future, it is necessary to know the level of service the Eagle River Fire Protection District is currently providing to the community. 2. What future growth is expected. within the Districd How many new residential households and nonresidential buildings will be served by the Eagle River Fire Protection District over the next ten years? 3. What new infrastructure is required to serve future growth while maintaining the current level of service.? For example, how many new stations and fire trucks will be needed over ten years to maintain the current level of Service?, Final Report - Page 1- 4. What impact fee is required to pay for the new infrastructure? Here we calculate an .apportionment of new infrastructure costs to future residential and nonresidential land- uses.. Then, using this distribution, the applicable impact fees are determined. Addressing these, four questions, in order, provides the most effective and logical way to calculate impact fees for the Eagle River Fire Protection District. 1) What is the current level of service provided by the Eagle River Fire Protection District? The District aims to fulfill two goals in regards to the level of service provided to the. community: . 1. The presence of one fire station within five road miles of any major development within the District's protection area; and, 2. For most routine requests for emergency assistance, the District will respond with a single resource with four firefighters as opposed to. two resources with 4 firefighters. These service level goals are designed to promote efficiency, safety and better preparation for simultaneous calls throughout the District. However, the District's current infrastructure and equipment are sometimes insufficient to fulfill the second goal due to recent and anticipated growth. In order to maintain this level of service to both curient and future residents, additional infrastructure and personnel will be needed by the District, 'Impact fees will help mitigate the financial burden created by these future investments. 2) What future growth is expected in the District? On March 6, 2007, SBA prepared an analysis of expected residential and non-residential growth that is likely to occur within the boundaries of the Eagle River Regional Fire Protection District during the next 20 years. This document is attached as Appendix A. Exhibit 1 summarizes the overall growth projections of the District from December 31, 2006 to December 31, 2026.. Final Report - Page 3 Exhibit 1. Future Growth - Eagle River Fire Protection District Service Population _ SFfs' SEAS 2d=Year ogra~ph id i'ea . 12~31J~OOEr ..1:~131 'j'~0~6-.. Arrowhead 977 1,007 30 Town of Avon 3,189. 4,229 1,040 Villages at Avon 268 1,642 1,374 Beaver Creek 2,701 2,754 53 Bachelor Gulch 970 1,042 72 Berry Creek 1,069 1,099 30 Eagle Vail 2,346 2,380 34 Edwards/Cord Val. 2,637 3,072 435 Cordillera/Summit 963 1,204 241 Red Sky Ranch 16 168 152 Wolcott Area - 1,350 1,350 Ginn Property - 2,180 2,180 Minturn 703 893 190 Red Cliff 125 139 14- Total 15,964 23,159 7,195 Source: Stan Bernstein and Associates, Inc. As shown above, the District's service population will experience growth of an estimated 7,195 single family equivalents (SFEs) in the next twenty years, a 45.4 percent increase. The largest growth will occur at the proposed Ginn Planned Unit Development, with an increase of 2,180 SFEs. The proposed Villages at Avon could add 1,374 SFEs-, and the Wolcott Area, while difficult to precisely define at this time, could add up to 1,350 SFEs. 3) What new infrastructure is'required to maintain the current level of service for future growth? Exhibit 2 below includes all new infrastructure (including purchases, repair and upgrades) as detailed in the Eagle River Fire Protection District 20-year CIP. This list of capital is consistent with the recommendations of the independent siting consultant retained by ERFPD provided to us via e-mail by Charlie Moore on Friday, May 4, 2007. .Final Report - Page 4 Exhibit 2. Future Infrastructure Needs-2007 to 2026 . Purchaie... to liid de in . huit6ase ryp~bfpksl,„Irifr3sti?!£h11e' Purchased: Vatue IrtipactFees - Value . Buildings Avon Fire Station') 2010 $5,500,000 45% 82,478,859 Mintum Fire Station') 2014 $500,000 10% $50,000 Wolcott Fire Station 2009 5750,000 100% $750,000 Gilman Fire Station(') 2011 82,500,000 100% $2,500,000 Edwards Fire Station 2010 $2,500,000 45% $1,126,754 Eagle-Vail or Traer Creek Fire Station 2014 $2,500,000 45% $1,126,754 Red Cliff Fire Station 2009 $950,000 0% $0 Employee Housing Units TBD $1,250,000 45% $563,377 Public Safety Training Facility NA $7,000,000 4.5% 5315,000 Subtotal Buildings $23,450,000 38% 58,910,744 Vehicles and Equpment Fire Rescue Vehicle for Avon Fire Station0i 2010 $400,000 100% $400,000 Pumper Truck for Eagle-Vail Fire Station TBD $450,000 100% $450,000 Pumper Truck for Gilman Fire Station 2010 $450,000 100% $480,000 Ladder Truck for Mintum Fire Station 2014 $980,000 100% $980,000 Brush Truck for Edwards Fire Station 2010 $125,000 100% $125,000 Brush Truck for Gilman Fire Station 2010 $150,000 100% $150,000 Water Tanker for Gilman Fire Station 2014 $425,000 100% $425,000 Incremental Staff Vehicles Vehicle #1 TBD $50,000 100% $50,000 Vehicle #2 TBD $50,000 100% $50,D00 Video Conferencing Technology TBD $60,000 0% $0 SCBA Recharge Compressor TBD $15,000 100% $15,000 Subtotal Vehicles and Equipment S 3,155,000 98% $3,095,000 Impact Fee Studyt4i $18,000 100% $18,000 Grand Total. $12,023,744 Note: These new assets will allow the District to meet the level of service goals. (1) Includes land, design, building and FFE. (2) Eagle River Fare is one of ten agencies planned to use this facility, therefore only ten percent of its growth attributable purchase value is included m our calculations. (3) Value represents -fully-loaded- price of the vehicle, including tools, communications and other equipment. (4) Our Impact Fee Study is fully impact-fee eligible. Source: Eagle River Fire Protection District 20-year CIP. The District plans on constructing new buildings and purchasing new vehicles and equipment in the next twenty years. However, not all of these new infrastructure purchases are associated with growth. Some capital costs are for repair and replacement of facilities e-g., standard periodic investment in existing facilities such as replacing an older fire engine and re-roofing a fire station. These costs are not impact fee eligible. Some capital costs are for betterment of facilities, or implementation of new services (e.g., development of a fire mining facility for the first time). These costs are generally not entirely impact fee eligible. Some costs are for expansion of facilities to accommodate new development at the current level of service (e.g., purchase of new fire truck to accommodate expanding population). These costs are impact fee eligible. Final Report • Page; S Because there are different reasons why the District invests in capital projects, BBC conducted a "GRUM" Analysis on all projects listed in the CIP: Growth. The "G" in GRUM stands for growth. To determine if a project is solely related' to growth, we ask "Is this project designed to maintain the current level of service as growth occurs? " and "Would the Fire Department still need this capital project if it weren't growing at all?" "G" projects are only necessary to maintain the Department's current level of service as growth occurs. It is thus appropriate to include 100.percent of their cost in the impact fee calculations. Repair & Replacement. The "R" in GRUM stands for repair, & replacement. We ask, "Is this project related only to fixing existing infrastructure?" and "Would the Fire Department still need it if it weren't growing at all?" "R" projects have nothing to do with growth. It is thus not appropriate to include any of their cost in the impact fee calculations. ■ Upgrade. The "U" in GRUM stands for upgrade. We ask, "Would this project improve the Fire Department's current level of service?" and "Would the Department still do it even if it weren't growing at all?" "U" projects have nothing to do with growth. It is thus not appropriate to include any of their cost in the impact fee calculations. ■ Mixed. The "M" in GRUM stands for mixed. It is reserved for capital projects that have some combination of G, R and. U. "M" projects by their very definition are partially necessitated by growth, but also include an element of repair, replacement % and/or upgrade. In this instance, a cost amount between 0 and 100 percent should be included in the. fee calculations-Although the need for these projects is triggered by new development, they will also benefit existing residents. Projects that are 100 percent growth-related were determined by our study to be necessitated solely by growth. Alternatively, some projects were determined to be "mixed" in that they had elements of growth, repair and replacement and/or upgrade. The Edwards Fire Station and EmployeeHousing Units (found in Exhibit 2) are examples of such projects. In these situations, only a portion of the total cost of each project was included in the final impact fee calculation.' The remainder of the cost of each "mixed" project should be paid by the District. After accounting for "mixed-use" .purchases, -the approximate total value-of fee-eligible capital construction and purchases is $12.0 million. 4) What impact fee is required to pay for future infrastructure? Here we calculate how much of the new fee-eligible infrastructure will be paid by developers. Using the distribution of future land-use from-Exhibit 1, we can assign future infrastructure costs from ' As a proxy for the "M" percent, we used a ratio of total incremental square footage from 2007-2026 to total current square C footage. This ratio equaled about 45 percent. F-utal Report - Page 6 Exhibit 2 to the appropriate development category and calculate the applicable fees. Our results are shown in Exhibit 3. Exhibit S. Calculation of Impact Fees Note: (1) See Exhibit 2. (2) See Exhibit 7. Source: Eagle River Fire Protection District 20-year CIP, Stan Bernstein and Associates, Inc. and BBC Research & Consulting. Allocated Value for Future Fire Infrastructure (7~ Net Growth in SFEs 2007-2026(2) Impact Fee per New SFE $12,023,744 7,195 $1,671 As indicated above, we have calculated an impact fee of $1,671 per new SFE. A fee not to exceed this amount is recommended for the District. Single family homes would be charged this fee unless they were large enough to count as more than one SFE, as determined from the utility meter portion of each unit's building permit. Similarly, multifamily and non-residential development projects would be assessed impact fees according to the number of SFEs they represent. A residential meter (3/4 inch) is considered the standard meter and has a capacity ratio of 1. All larger meters serve commercial purposes and have capacity ratios greater than 1. Exhibit 4 lists the capacity ratios. and meter size and type, according to the American Water Works Association. Exhibit 4. Capacity Ratios Source: American water works Association. AA.ete~:Siie Tyke {apaci"y Ratio Impact:Fee 3/4 Inch Displacement 1.0 $ 1,671 1Inch Displacement 1.7 $ 2,841 1-1/2 Inch Displacement 3.3 $ 5,515 2Inch Displacement/Compound 5.3 $ 8,857 3Inch Compound 11.0 $ 18,382 4Inch Compound 17.0 $ 28,409 6Inch Compound 33.0 $ 55,147 8Inch Compound 53.3 $ 89,071 8Inch Displacement 60.2 $100,602 10 Inch Compound 77.1 $128,900 12 Inch Compound 144.2 $240,988 Using the ratios from Exhibit 4 and the utility meter portion of each new building permit, the District can determine how many SFEs each new building represents and assess the appropriate fee. For example, a new commercial building with a 3 irich meter warrants an impact fee of $18,382. Implementation Recommendations We offer the following recommendations for your consideration: