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Castles to Peterson/Impact Feesf£ r= City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 February 25, 2008 John W. Peterson Architects Design Group No. 1 Sunset Plaza Kalispell, Montana 59901 RE: Morrison-Maierle Office Old School Station Stormwater Impact Fees Dear John, We have reviewed your email sent February 18, 2008, and our documents, and have found there is no discrepancy in the City's calculation of the storm water impact fee for the referenced project. The'NEW IMPACT FEES' form provided by the City does list a fee of $1,092.00 per ERU for STORMWATER IMPACT FEES. The same form lists a fee of $2,433.00 per ERU for WASTEWATER IMPACT FEES. You are correct that the City calculated the ERU's at 3.351, however, this calculation is for the WASTEWATER (sanitary sewer) IMPACT generated by the building occupants. Attached is a copy of Resolution No. 5151 approved by the City Council on October 2, 2006. This resolution set the stormwater impact fee(s) and adopted by reference the recommendations of the City's consultant, HDR/EES. Attached is a copy of Section 7 of the City of Kalispell Revised Final Report titled Impact Fees for the Water, Wastewater, and Storm Water Systems, December 2006, by HDR/EES. Under Paragraph 7.5 of the Final Report, the City determined that 6 ERU's per acre would be utilized to determine the stormwater impact fee(s) for commercial developments. The referenced project site contains 1.50 acres which would have 9 ERU's of Stormwater Impact. With a fee of $1,092.00 per Stormwater ERU this would generate a fee of $9,828.00. If you have any questions, please do not hesitate to contact this office. S:'�T4e Frank Castles, P.E. Deputy Public Works Director/Assistant City Engineer Cc: James H. Patrick, City Manager WHEREAS, pursuant to authority granted to municipalities to charge impact fees to fund capital improvements by 7-6-1601 to 7-6-1604, MCA, the City of Kalispell did consider it proper to set the fees, schedules, charges and classifications imposed for utility services to its inhabitants and other persons served by the City of Kalispell Stormwater Utility; and WHEREAS, the Kalispell Impact Fee Committee met in noticed public meetings with the City's consultant, HDRIEES, reviewed its report and recommendations on the stormwater utility facilities and examined the methodology utilized and issued its recommendations for the adoption of an impact fee schedule along with the data sources and methodology supporting adoption and calculation of the impact fees to City Council dated the 28th day of August, 2006; and WHEREAS, the City Council did, on September 5, 2006 set a public hearing to be held on October 2, 2006 on said proposed amendments to the fees, schedules, charges and classifications of the Stormwater Utility services of the City of Kalispell and gave the necessary Notice thereof as required by Section 69-7-11.1, MCA; and WHEREAS, due and proper Notice of said Public Hearing has been given by the City Clerk by publication and mailing as required by law; and WHEREAS, said public hearing was duly held by the City Council at a public meeting thereof in the Kalispell City Hall beginning at 7:00 o'clock P.M. on October 2, 2006, and all persons appearing at said hearing and expressing a desire to be heard were heard, and all written comments thereon furnished to the City Clerk at said meeting prior thereto were given consideration by the Council. WHEREAS, based upon the report and recommendations of the Kalispell City Impact Fee Committee, the evidence provided by the public, in writing and at the public hearing, the City Council finds said proposed amended fees, schedules, charges and classifications to be reasonable and just and further adopts as its findings the report and recommendations of the City's consultant, HDRIEES, along with the data sources and methodology used supporting adoption and calculation of the impact fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I That the fees, schedules, charges and classifications applicable to the use of the City of Kalispell Stormwater Utility and other services performed by said utility as set forth in Exhibit "A", attached hereto and by this reference made a part hereof, are found to be just and are hereby established and adopted to be imposed for stormwater utility services to the inhabitants of the City of Kalispell and those other persons served by its stormwater utility service and effective November lst, 2006. SECTION II. This decision is final ten (10) days after filing of this Resolution with the City Finance Director. SECTION III. That the fees, schedules, charges and classifications applicable to the use of the City of Kalispell Stormwater Utility and other services performed by said utility shall be reviewed no later than two years after the effective date of this resolution. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 2ND DAY OF OCTOBER, 2006. 9�22� -7,v- 1 Pamela B. Kennedy Mayor ATTEST: Zip, -�- Theresa White City Clerk EXHIBIT A Resolution 5151 Storm Water Impact Fee Administrative Charge at 5% 5 1,040.02 52.00 Storm Water Impact F per ERU $ _ 11092.02 7.1 Introduction The calculation of storm water impact fee presented in this section are based on the City's fixed asset records, future capital improvements as identified in the City's 2006-2010 Capital Improvement Plan, and planning criteria from the master plan entitled, City of Kalispell Water, Sewer and Storm Drainage Facilities Plan, dated July 2002 prepared by HDR Engineering. To the extent that the cost and timing of future capital improvements change, then the impact fee presented in this section should be updated to reflect the cost of these adjustments. 7.2 Overview of the City's Storm Water System The City's storm water system consists of numerous pipes and culverts to convey storm water. The City's capital improvement plan calls for a number of improvements to the storm water drainage system to service new development. 7.3 Present Storm Water Impact Fees The City currently does not assess an impact fee (currently called system development charges) for connection to the storm water system. 7.4 Calculation of the City's Storm Water Impact Fees As was discussed in Section 3, the process of calculating impact fees is based upon a four -step process. In summary form, these steps were as follows: ■ Determination of equivalent residential units (ERUs). ■ Calculation of the impact fee for system component costs. ■ Determination of any impact fee credits. Each of these areas is discussed in more detail below. 7.4.1 Calculation of Equivalent Residential Units The development of the number of equivalent units (ERUs) involved a multi -step process based on the planning criteria as used in the Master Plan and the amount of land provided within the drainage area of the City. The first part of the analysis reviewed the planned land use classifications and runoff coefficients as utilized in the planning criteria for the Master Plan. FM weer Determination of the City's Storm Water Impact Fees 7-1 City of Kalispell, Montana These runoff coefficients were subsequently adjusted downward to reflect the fact that they also include streets, which will not be used in the calculation and assessment of the impact fees against these properties. The subsequent runoff coefficients were then weighted based on the percent of total land, by land use type. The next phase of the determination of ERUs then analyzed the total number of acres within each drainage basin and adjusted this downward by the percent of those drainage basins not within the. City and hence while contributing to storm water runoff, would not be able to be assessed an Rhea b impact fee. This amount of acreage was subsequently multiplied by the ERU runoff coefficient'Q to develop the total number of ERU acres within the planning area of the City. The total number of acres was then divided by the definition of an ERU in terms of impervious square feet area. This subsequently results in the total number of ERU's that can be assessed system development charges within City's planning area A summary of the ERUs for 2020 are presented in Table 7-1. Details of the determination of ERUs are provided in Exhibit C-1 of the Technical Appendix. Equivalent Residential Units — 2020 11,793 Given the development of the total storm water ERUs for each year of the planning period, the focus can shift to the calculation of the impact fee for each plant component. This aspect of the analysis is discussed in detail below. 7.4.2 Calculation of the Impact Fee for the Storm Water System The next step of the analysis is to review each major functional component of plant in service and determine the impact fee for that component. In calculating the impact fee for the City, both existing plant assets, along with planned future improvements were included within the calculation. For the storm water system, all assets were included in a single group. To determine the storm water impact fee, an examination of the City's fixed assets was undertaken. These assets were subsequently increased from their original cost to include interest Lip to a maximum term of fifteen years. This amount was reduced by the percent that was contributed by developers or grants. Those storm water improvements that were funded through TIF and SIDS were also excluded from the analysis. The next phase of the analysis reviewed the future capital improvements that were identified by the City as being eligible for impact fees. These were adjusted upward from 2002 based on the changes in the ERN. An item -by -item review was undertaken for future capital improvements to determine the percentage that would serve new development. The sum of the existing and future capital improvements was then divided by the total number of ERU's to develop the storm water impact fee. Based on the cost of existing storm water facilities and future capital improvements, an impact fee for storm water FM !i(Ehes Determination of the City's Storm Water Impact Fees 7-2 City of Kalispell, Montana of $1040.02 per ERU was calculated. Details of the impact fee calculation are provided in Exhibit C-2 of the Technical Appendix. ADMINISTRATIVE CHARGE — Under Montana statute, an impact fee may include a fee for the administration of the impact not to exceed 5% of the impact fee collected. Exhibit C-3 details what the City's actual storm water administrative costs are for 2006. The actual cost is $77 per ERU which is 7.4% of the impact fee. Therefore, the City has included a water administrative charge of $52.00 per ERU equal to 5% of the impact fee collected. 7.4.3 Debt Service Credits The final step in calculating the storm water impact fee was to determine if a credit for payment on debt service for the City's outstanding bonds. The City currently has a no outstanding bonds for the storm water system and does not plan to issue new bonds. Therefore, the debt service credit is zero. 7.5 Net Allowable Storm Water Impact Fees Based on the sum of the component costs calculated above, the net allowable storm water impact fee can be determined. "Net" refers to the "gross" impact fee, net of any debt service credits. "Allowable" refers to concept that the calculated impact fee shown in the following tables is the City's cost -based impact fee. The City, as a matter of policy, may charge any amount up to the allowable impact fee, but not over that amount. Charging an amount greater than the allowable impact fee would not meet the nexus test of a cost -based impact fee. A summary of the calculated net allowable storm water impact fees for the City is shown in the Table 7-2. Storm Water Plant $1,040.02 per ERU Administrate Charge 52.00 per ERU Storm Water Impact Fee $1,092.02 per ERU For ease of administration, the recommended charge for storm water impact fee is $1,092 per ERU. An ERU is defined as 2,400 square feet of impervious area or fraction thereof. Details of the analysis are provided in Exhibit C-2. For commercial developments, wherein the City requires that the development provide for onsite detention, it is recommended that the ERUs charged be based on number of acres. This would be based on 5 to 7 ERUs per acre, which is representative of a residential development. The reason for this recommendation is due to the fact that the developments would not impose high volumes of flow into the storm water system even if the entire area were converted to impervious area due to the fact that the storm water detention facility would regulate flows into the storm water system. FM Rim Determination of the City's Storm Water Impact Fees 7-3 City of Kalispell, Montana 7.6 Key Assumptions In the development of the impact fees for the City's storm water system a number of key assumptions were utilized. These are as follows: III The City's asset records were used to determine the existing plant assets. The interest rate used for calculating interest on existing investments was 6.0%. 15 years worth of interest were included in the cost of existing plant. 7.7 Implementations The methodology used to calculate the impact fees takes into account the cost of money or interest charges and inflation. Therefore, HDR/EES would recommend that the City adjust the impact fees each year by an escalation factor to reflect the cost of interest and inflation. The most frequently used source to escalate impact fees is the ENR index which tracks changes in construction costs for municipal utility projects. This method of escalating the City's impact fee should be used for no more than a two-year period. After this time period, as required by Montana law, the City should update the charges based on the actual cost of infrastructure and any new planned facilities that would be contained in an updated master plan, capital improvement plan or rate study. Based on our review and analysis of the City storm water impact fees, HDR/EES makes the following recommendations: • The City should implement impact fees for new hookups to the storm water system that are no greater than the impact fees as set forth in this report. • The City should update the actual calculations for the impact fees based on the methodology as approved by the resolution or ordinance setting forth the methodology for capacity charges every two years as required by Montana law. 7.9 Summary The storm water impact fees determined and presented in this section of the report are based on the engineering design criteria of the City's storm water system, the value of the existing assets, future capital improvements and "generally accepted" ratemaking principles. Adoption of the proposed impact fees will provide multiple benefits to the City and create equitable and cost - based charges for new customers connecting to the City's storm water system. (,LeesDetermination of the City's Storm Water impact Fees 7-4 City of Kalispell, Montana