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2. Ordinance 1681 - Amending Ordinance 1581 - Collection of Impact Fees - Election for Installment Payments - 2nd ReadingCharles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 ICI FW 71,T1135' Mayor Tammi Fisher and Kalispell City Council Charles Harball, City Attorney Jane Howington, City Manager Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Ordinance No. 1681— an Ordinance Amending the City of Kalispell Impact Fee Regulation to Allow for Installment Payment of Fees — Second Reading MEETING DATE: September 20, 2010 — Regular Council Meeting BACKGROUND: On the 16th day of October 2006 the Kalispell City Council passed Ordinance 1587 which authorized the imposition of impact fees and provided for the regulation of the collection of those fees. The development community, the Impact Fee Committee and the City Council have discussed some apprehension about the possible chilling effect the impact fees may have upon property owners considering further investment in the community, particularly in a slow economy. To allow a property owner to make payments of the impact fees over a period of time is a method which, in some circumstances, may provide a property owner with the option necessary to go forward with a planned development. The proposed amendment to the existing ordinance would allow a property owner to make the election to pay impact fees in five equal installments over a period of five years. The unpaid balance would, by agreement, be a lien upon the property served by the municipal services. The installment payments would accrue interest at the rate of 5% and be billed and accounted as all other municipal assessments; that is be paid along with the other tax bills. Ordinance No. 1681 passed on first reading. RECOMMENDATION: That City Council give consideration to and pass Ordinance No. 1681 on second reading. FISCAL IMPACTS: The goal of the amendment would be to spur some investment which may not otherwise occur and thereby increase the City's tax base. As to investors who make the election, the City would not be receiving the entire amount of the impact fees up front. However, a fair rate of five percent will be charged on the unpaid balance and the City's interest is secured by an assessment lien upon the improved real property. Respectfully submitted, Charles arball, City Attorney ne Howington, City Manag AN ORDINANCE AMENDING OF . , ORDINANCE NO. i1 / AT CHAPTER 8 OF . .,CODE, *ECLARING AN EFFECTIVE DATE,1 AUTHORIZING THE CITY ATTORNEY CODIFY WHEREAS, on the 16'h day of October 2006 the Kalispell City Council passed Ordinance 1587 which authorized the imposition of impact fees and provided for the regulation of the collection of those fees; and WHEREAS, the development community, the Impact Fee Committee and the City Council have discussed some apprehension about the possible chilling effect the impact fees may have upon property owners considering further investment in the community, particularly in a slow economy; and WHEREAS, to allow a property owner to make payments of the impact fees over a period of time is a method which, in some circumstances, may provide a property owner with the option necessary to go forward with a planned development; and WHEREAS, the City Council finds that it is in the best interest of the City and its residents to provide the option, set forth in Exhibit "A", to allow the payment of impact fees due in installments over a period of time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Ordinance No. 1587, codified as Kalispell Municipal Code 8-31, is hereby amended to read as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION II. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION III. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 20`h DAY OF SEPTEMBER, 2010. Tammi Fisher Mayor Theresa White City Clerk EXHIBIT "A" 8-31 Collection of Impact Fees. A. Upon collection, all impact fees shall be deposited in a special proprietary fund, which shall be invested with all interest accruing to the fund. B.The City may impose impact fees on behalf of local districts. C.If the impact fees are not hereafter collected or spent in accordance with this article or are not in compliance with 7-6-1602 MCA, any impact fees that were collected must be refunded to the person who owned the property at the time that the refund was due. D. Unless an election is made as described below in paragraph E, the Kalispell Building Department shall collect all impact fees imposed and shall collect them no earlier than the date of issuance of a building permit if a building permit is required for the development or no earlier than the time of wastewater or water service connection or well or septic permitting. E. The party responsible for the payment of impact fees may elect to pay such fees over a period of five (5) years in five (5) equal installments, each installment bearing an annual interest rate of five (5%) percent on the remaining_ principal balance. The first payment will be due and paid to the Kalispell Building Department upon application for a building permit or at the time of wastewater or water service connection or well or septic permitting. Upon making the election the owner of the land served by the municipal services shall execute all necessary documentation to allow an assessment to be placed against the property so served such that the balance of the amount owed shall be a lien upon the serviced property and invoiced and paid through the Flathead County offices in the same manner as other municipal assessments against the property.