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HomeMy WebLinkAboutItem 13 An Ordinance Relating to Police Impact Fees AGENDA ITEM COVER SHEET Contact Name: Contact Number: s. Goclon x3027 Meeting Date: March 15, 2005 Item # ) 3 ~:~::~~~ir~qOr: '. ". J ~ / Background Summary: The Police Impact Fee ordinance was adopted in 1990, and amended in 1991. At that time, a report was prepared concerning the fee methodology and costs. In 1999, City Planning staff updated the report. This report was again updated in 2004 and forms the basis for the Police Impact Fee update and proposed increase. Issue: Should the Honorable Mayor and Board of City Commissioners adopt an ordinance to increase the Police Impact Fee. Recommendations Staff recommends that the Honorable Mayor and Board of City Commissioners adopt the ordinance to increase the Police Impact Fee. Attachments: "The City of Ocoee Police Impact Fee Update Final Report 2004" Police Impact Fee PowerPoint slide presentation Impact Fee Comparison Police Impact Fees Ordinance Financial Impact: Proposed ordinance would increase police impact fees from the current 8.9 cents per square foot per residential dwelling unit (an average 2000 square foot dwelling = $172.00) to a flat fee of $501.04 per residential dwelling unit. It would increase police impact fees from the current 9.7 cents per square foot nonresidential to 33 cents per square foot nonresidential. Type of Item: (please mark with an "x') Public Hearing ~ Ordinance First Reading Resolution _ Commission Approval Discussion & Direction _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Steven J. Goclon, Chief of Police DATE: March 15,2005 RE: Police Impact Fees ISSUE Should the Honorable Mayor and Board of City Commissioners adopt an Ordinance to increase the Police Impact Fee. BACKGROUNDIDISCUSSION The Police Impact Fee was initially adopted February 6, 1990 and amended on May 7, 1991. At that time, a report was prepared concerning the fee methodology and costs. In 1999, City Planning staff updated the report, but it was never brought before Commission. This report was again updated in 2004 and forms the basis for the Police Impact Fee update and proposed increase and is known as the liThe City of Ocoee Police Impact Fee Update Final Report 2004." The proposed police impact fee ordinance would increase police impact fees from the current 8.9 cents per square foot per residential dwelling unit (an average 2000 square foot dwelling = $172.00) to a flat fee of $501.04 per residential dwelling unit (or 25 cents per square foot for an average 2000 square foot dwelling). It would increase police impact fees from the current 9.7 cents per square foot nonresidential to 33 cents per square foot nonresidential. The proposed fees will pay for capitol equipment for any new officers (approximately $4,364,685) and the portion of new police department facilities (approximately $5,440,000) added to accommodate the police department's new growth expected through 2020. "The City of Ocoee Police Impact Fee Update Final Report 2004" Page 1 of 6 Operational Background The Ocoee Police Department is located within the 7,816 square foot police headquarters building, built in 1994. Most operations are based within this building including administration, communications, records, holding facility, training, arsenal, evidence storage, locker rooms, booking, and patrol operations. Because of overcrowding, the Traffic Enforcement,. TJnit and Criminal Investigations Division, as well as training, storage, and public meeting facilities, have been temporarily moved to separate rented or City owned properties located elsewhere in the City. In 2000, the police department commissioned a spatial needs assessment from Architects Design Group of Winter Park. The assessment, completed in March 2001, indicated that the current police building did not meet the spatial or functional needs of the police department. The 2001 spatial need was estimated to be 26,584 square feet. The 2010 spatial need was estimated to be 32,507 square feet. The 2020 spatial need was estimated to be 57,551 square feet. This study was based partially on projected police department growth, which was in turn based on projected population growth in the city limits and JP A. As previously stated, current building facilities are being utilized at capacity, accommodating more sworn personnel and programs than what were envisioned when the building was constructed. Equipment needs have generally kept pace with the number of personnel added to the force over the years, although certain large-scale items are showing serious signs of wear due to age and high use rates. Currently, the road patrol division operates on three shifts; the day shift from 5:30 AM to 3:30 PM; the evening shift from 2:00 PM to 12:00 AM; and the midnight shift from 8:30 PM to 6:30 AM. Typically, depending on the time of day, five to ten officers are out on patrol each shift using one squad car per officer. In addition to typical patrol and administrative activities, the police department maintains the following: Criminal Investigation unit, NarcoticsNice unit, Traffic Enforcement unit, School Resource Unit, Evidence/Property unit, Community Affairs unit, K-9 unit, School Crossing Guard unit, Professional Standards/Training unit, Records section, Communications/ Dispatch Center, and programs such as Police Explorers, Police Auxiliary, Citizens' Advisory Counsel, Citizens' Police Academy, and Juvenile Restorative Justice. The department is highly active in training activities. It generally handles most police operations needs in-house, unless facilities limitations don't allow it or equipment or instructor staff is required from an outside source. Ocoee Police Department Service Activity General police department activity levels have been increasing over the years as a result of additional development and population. Crime statistics indicate significant increases in a variety of areas such as batteries, burglaries, larcenies, auto thefts, drug activities, and arrests. The total numbers of calls for service (CFS) have steadily increased over the years. Service requirements are rising faster than the overall population growth rate and the number of officers added to the police department. "The City ofOcoee Police Impact Fee Update Final Report 2004" Page 2 of6 Ocoee Police Department Service Activity (continued) Annual Calls For Service (1998-2003) OFFENSE 1998 1999 2000 2001 2002 2003 Murders 1 0 1 1 0 0 Rapes 9 13 9 15 22 30 Robberies 27 29 34 30 22 25 Assaults * 532 509 630 586 472 529 Burglaries 292 255 254 283 294 282 Larcenies 1210 1032 1055 1021 1196 1243 Auto Thefts 147 99 113 142 237 189 Criminal Mischief 350 375 331 413 401 467 Drug Offenses 93 150 98 85 118 222 DUI 107 88 141 191 147 339 Vehicle Accidents 1389 1568 1616 1620 1545 1573 Other Criminal Calls 9300 14740 15235 17972 12891 12465 Alarms 2119 1088 1191 1210 2316 2252 Non-Criminal Calls 10692 10551 11713 12537 13877 14575 TOTAL 26268 30497 32421 36106 33538 34280 Source: Ocoee Police Department *Includes: Assaults, Batteries, Stalking Annual Calls For Service By Location (1998-2003) Percent of 1998 1999 2000 2001 2002 2003 Total Total Residential 17,321 19,464 19,799 23,144 20,411 20,495 120,634 63% N on-Residential 8,947 11 ,033 12,622 12,962 13,127 13,785 72,476 37% Total CFS 26,268 30,497 32,421 36,106 33,538 34,280 193,110 100.00% Source: Ocoee Police Department Records Section Personnel Levels The Ocoee Police Department is presently authorized to provide a total of 67 sworn officers and 27 non-sworn support staff. 36 officers are in Road Patrol division. The remaining 31 officers make up the previously mentioned specialized units and administration. "The City ofOcoee Police Impact Fee Update Final Report 2004" Page 3 of6 Personnel Levels (continued) Personnel Utilization: Ocoee Police Department Current Personnel # 0 Positions Police Chief 1 Captain 1 Lieutenant 3 Sergeants 10 Officer First Class 1 Police Officer 51 Administrative Assistant III 1 Administrative Assistant II 2 Administrative Aide PIT 1 Chief Communications Supvsr 1 Communications Supervisor 4 Communications Officer 10 Records Supervisor 1 Records Clerks 2 Records Clerks PIT 3 Crime Analyst 1 Evidence & Property Specialist 1 School Crossing Guard PIT 22 Total 116 Source: City of Ocoee Human Resources Department When compared with the existing lP A population of approx. 39,000, the Ocoee Police Department has 1.72 sworn officers per 1,000 population. The lPA population has a significant impact on police calls for service. When compared with the population of city residents (approx. 29,215), the ratio is 2.3 officers per 1,000. This ratio of sworn officers per 1,000 population is less than the statewide average of 2.6 officers per 1,000. Based on this information, it is apparent that sworn staffing is being utilized at maximum capacity to keep up with the ever-increasing number of CFS. The current Police Impact Fee Study assumes 3.0 sworn officers per 1,000 population as the target ratio for future growth. This figure is consistent with the standards set by other states and the Federal Bureau of Investigation (FBI). Since these personnel levels will form the basis for the level of service provided to new residents of the community, it is assumed that the City will, on the average, add three new sworn officers for every 1,000 new residents during the study period. The City has added one new police officer position since 1999, raising the number from 66 to 67. Two School Resource Officers are scheduled to be added to the department in April 2005, however, these officers will primarily service the new high school (3000 students projected) and will do little to serve the permanent city population. "The City of Ocoee Police Impact Fee Update Final Report 2004" Page 4 of 6 Personnel Levels (continued) Year New Population New Houses New Commercial 2000 1645 281 302,594 2001 1602 288 366,280 2002 1253 342 131,618 2003 847 505 95,440 Totals 5347 1416 895,932 Sources: City of Ocoee Community Development! BEBR On the basis of the population projected to the horizon year, the City would need to add, on the average, 8 sworn officers per year to maintain current service levels over time. In other words, the total number of sworn officers would need to increase to at least 183, requiring 117 more positions than currently provided. In combination, support staff would need to increase to a minimum of 70 persons, an increase of 43 staff positions. Facilities and Equipment Inventory The existing capital investment made by the City of Ocoee to support its police department includes land, buildings, furnishings, vehicles, and equipment. As with any asset, the individual items (which make up the total capital goods of the police department) have varying useful lives and values. Since impact fee rates must be based upon the current costs of goods necessary to proportionately add to the capital facilities and equipment of the community, it is necessary to estimate the replacement costs of existing capital items to provide a common basis from which to project future needs. In other words, the capital cost to add each new officer can be derived by determining the capital expenditures for the existing police force divided by the number of sworn personnel. To derive the Police Department's capital expenditures, a complete inventory of all capital items was completed by the Ocoee Police Department. Using this inventory and cost information provided by the police department, the cost to outfit a new officer was calculated to be $37,305. The costs included in this calculation are summarized in the table below. The total cost for new police headquarters and training facilities (including land and site development) was estimated at $8.5 million. It is assumed that new growth will account for 64% of the new building (117 new officers / 183 total officers = 63.34%). It should be noted that the cost used for the police headquarters building includes only the portion needed for new growth. Using these figures, the cost of the new police facilities that can be attributed to new growth is $5,440,000 ($8,500,000 X .64 = $5,440,000). ((The City ofOcoee Police Impact Fee Update Final Report 2004" Page 5 of6 Facilities and Equipment Inventory (continued) Capital Cost Per Officer: Ocoee Police Department Item/Catef(orv Cost per Officer Descri]Jtion of Item Hand Gun $500 Standard issue sidearm Belt & Misc. Items $500 Includes handcuffs, mace, etc. Mobile Radio $2,500 Portable 2 way radio Uniform $500 Set of 5 standard issue Protective Gear $650 Helmet, baton, bullet proof vest, shield, riot gear Lap Top Computer $4,655 Includes modem, software & misc. equipment Patrol Vehicle $28,000 Includes Cage, roll bar, light bar, etc. Facilities $46,496 64% of buildings, structures, land, site development, furnishing, and equipment costs through the year 2020 Total cost per officer $83,801 approximation Police Impact Fee Determination The police impact fee account has approx. $450,000. The bonds for the current police headquarters building are through 2028. The amount of existing debt service (paid exclusively from impact fees) is $71,000 per year. Police Department impact fees have not been updated since 1990. The existing figures of $.086 per square foot for residential and $.097 per square foot for non-residential have been inadequate to keep up with the growth of the city. Annual police impact fee revenues average about $115,000. They have not kept pace with the Ocoee Fire Department's impact fee (updated in 2000) rate of $.182 per square foot for residential and $.284 per square foot for non-residential nor the Ocoee Recreation Department impact fee (updated in 2001) which is a flat rate of $500 per residential unit. Police impact fees cannot be compared to those of surrounding law enforcement agencies as they do not have the same growth, number of officers, calls for service, tax rates, tax base, or capitol needs as the City of Ocoee or the Ocoee Police Department. "The City of Ocoee Police Impact Fee Update Final Report 2004" Page 6 of 6 Police Impact Fee Determination (continued) Having gathered, analyzed, and projected all of the aforementioned data, it is possible to determine the theoretical proportionate share impact fee rates using the methodology outlined below. Existing lP A population: 39,000 ' " ;, " , ' Year 2020 lP A population: 78,000 Proiected population growth: 39,000 New Police Officers needed: 39,000/1,000 X 3.0 = 117 Value of capital items needed for each new $83,801 officer: Capital investment for new officers: 117 x $ 83,801 = $9,772,685 (approx) Number of new residential dwelling units Approx. 12,288 DU to be added in the lP A: Amount of non-residential building square Approx. 10,982,880 footage to be added in the lP A: Percentage ratio of residential vs. non- 63% residential vs. 37% non-residential residential CFS: Capital investment per residential dwelling unit construction proportionate to CFS: $9,772,685 x .63 = $6,156,791.5/12,288 DU = $ 501.04 per Dwelling Unit Capital investment per square foot of non-residential space proportionate to CFS: $9,772,685 x .37 = $3,615,893.5 /10,982,880 sq. ft. = $0.33 per sq. ft. Recommended police impact fees: Residential: $ 501.04 per dwelling unit Non-residential: $ 0.33 per square foot CITY OF OCOEE POLICE IMPACT FEE COMPARISON Local Government Police Remarks: Develooment Type Fee/Sa. Ft. Ocoee.Existing Residential $0,086/sa. ft. Non-Residential $0.097/sa. ft. Development Tvpe Fee/SQ, Ft. Ocoee-Proposed Residential $501.04/unit Non-Residential $0 .33/sQ. ft. Land Use Fee Rate Unit of Police impact fee: discounted by 5% of the actual fee. Classification Measure IndustriaUManufacturin $0.089 Sq. ft, olWarehousino Institutional $0.336 SQ. ft, Office $0,275 SQ, ft, Retail $0.493 Sa. ft. Eating & Drinking $2.21 Sq. ft. Altamonte Springs Establishment Lodging & Special Residential Needs: Adult Living $58.24 bed Facilitv/Nursina Home HoteUMotel $148.51 auest room Residential: Sinole Familv $185,54 du Multiole Familv $168.20 du Apopka None Casselberry None Kissimmee None Develooment Tvpe Fee Lake Mary Residential $165/unit CommerciaUNon- $0.0821sq, ft. Residential Land Use Fee Cost Residential $300.39/du Non- Per 1000 sq. ft, Mt. Dora Residential Commercial $999.51 Institutional $913.06 Industrial $44,38 Orlando None Type of Fee/Unit of Measure Construction Oviedo Residential $214/du Non-Residential $529/1,000 sq ft-gross floor area Winter Type Rate Springs Residential $111.78/unit Commercial $0.164/sQ. ft, Structure Fee/Unit of Measure Winter Garden Residential $260/U n it Non-Residential $500/1,000 SQ. ft. Osceola County None Seminole County None C:\Documents and Settings\sgoclon\Local Settings\Temporary Internet Files\OLK1 08\lmpact Fee Comparison_Police_1 0-20041 ,doc Page 1 of 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO POLICE IMPACT FEES; AMENDING SECTION 87-40.C OF ARTICLE IV OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87-42 OF ARTICLE IV OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO FEE SCHEDULE; CHANGING THE CALCULATION OF THE POLICE IMPACT FEE FOR RESIDENTIAL DWELLING UNITS FROM ONE BASED ON SQUARE FOOTAGE TO A FLAT RATE PER RESIDENTIAL DWELLING UNIT; INCREASING THE POLICE IMPACT FEE PER SQUARE FOOT FOR NONRESIDENTIAL STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes; and WHEREAS, the City Commission of the City of Ocoee desires to change the calculation of the police impact fee for residential dwelling units from one based on square footage to a flat rate per residential dwelling unit and increase the police impact fee per square foot for nonresidential structures, provided, however, that the existing fees shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance; and 006.330583.2 WHEREAS, the City has conducted an updated study regarding impact fees and according to this study has made a determination as to the necessary uniform police impact fees for new residential dwelling units and new nonresidential structures within the City. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: . d ,d:: SECTION 1. Authority. The City Commission of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to Section 87-40.C Section 87-40.C of Article IV of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: C. This article is based upon a study by the Ocoee Police Department and Planning Department, as updated in connection with the adoption of this ordinance, of the anticipated growth in the City of Ocoee and a projection of the equipment and facilities necessary to serve the anticipated growth. SECTION 3. Amendment to Section 87-42 Section 87-42 of Article IV of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: ~ 87-42. Fee schedule. A. The following police impact fees are hereby assessed by the city and shall be collected by the city prior to the issuance of the building permit or any other development permit for the construction of any structure to be used as a residential dwelling or nonresidential structure: (1) Residential Dwelling Units: $501.04 per Dwelling Unit (2) Nonresidential Structures: $0.33 per square foot 006.330583.2 -2- B. The fees imposed for residential and nonresidential construction are a result of the city's fee calculation study which was designed to ensure that the impact fees imposed are rationally related to the benefit received by the applicant. C. In the event that an applicant believes the impact of the construction will be less than that set forth above, the applicant may, at his option, submit evidence to the City Commission in support of an altetnativ'e'lassessment. Based upon convincing and competent evidence, the City Commission may adjust the impact fee as appropriate for the particular property. SECTION 4. Spvpr9hility If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. C'ntlifil"9tinn It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 6. Rffpl"tivp n9tp This Ordinance shall become effective immediately upon passage and adoption, provided, however, that the existing fees shall apply to any new buildings for which a building permit application has been submitted to the City on or prior to 006.330583.2 -3- the effective date of this Ordinance and for which a building permit is issued within ninety (90) days from the date of adoption of this Ordinance. PASSED AND ADOPTED this _ day of ,2005. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk (SEAL) S. Scott Vandergrift, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2005. , 2005 AND ADVERTISED , 2005 READ FIRST TIME , 2005 READ SECOND TIME AND ADOPTED , 2005 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney 006.330583.2 -4- Copy of Public Hearing Advertisement Orlando Sentinel Date Published -rhw~~ ~, 'ZOOS- Advertisement .." :CITY OF"OOOEE:", NOTICE OF PUBLIC HEARING, FOR AN AMENDMENT" TO THE CODE OF ORDINANCES :;.~~71 NOTICE IS HEREBY GIVEN, pursuant to Subsection l66.04l(3)(c) 2., Florida Statues, that on Tuesday, MARCH 15, 2005 at 7:15 p.m. or as soon thereafter as practical, the CITY OF OCOEE CITY COMMISSION will hold the SECOND READING & PUBLIC HEAR- ING at. the City of. Ocoee Commission Chambers, 150 North Lak.eshore Drive, Ocoee, Florida, to consider the adoption of the following Ordinance concerning police . impact fees: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO POLICE IMPACT FEES; AMENDING SECTION 87-40.C OF ARTICLE IV OF CHAPTER 87 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO INTENT, PURPOSE AND BASIS; AMENDING SECTION 87. 42 OF ARTICLE IV OF CHAPTER 87 OF THE CODE OF ORDINANCES OF.THE CITY OF OCOEE RELATING TO FEE SCHEDULE; CHANG- ING THE CALCULATION OF THE POLICE IMPACT FEE FOR RESIDENTIAL DWELLING UNITS FROM ONE BASED ON SQUARE FOOTAGE , TO A FLAT RATE PER RESIDENTlAL DWELLING UNIT; INCREASING THE POLiCE IMPACT FEE PER SQUARE FOOT FOR NONRESIDENTIAL STRUCTURES; PROVIDING FOR SEVERABn..ITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed actions. The complete case file may be inspected at the Ocoee Community Development Department/Planning Division located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The City Commission may continue the public hearings to . other dates and times, as it deems necessary. Any inter- ested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings. Any .centinuances shall be announc~d during these hear- ings and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure thilt a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407-905- 3105. . Beth Eikenberry, City Clerok: Run Dater March 3,2005 O:\Office Procedures\Copy ofPuuu" H<;<U lug f\Qvemsement.doc \: I !