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02. Resolution 5162 - Setting Impact Fees for PoliceCity of Kalispell Charles A. Karball office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com SUBJECT: Resolution No. 5162 and No. 5163 — Resolutions setting Impact Fees for Police and Fire Facilities MEETING DATE. Monday, November 20, 2006 — Regular Meeting BACKGROUND: The Kalispell Impact Fee Committee met with the City's consultant, HDRIEES, reviewed its report and recommendations on the police and fire facilities and examined the methodology utilized and issued its recommendations to City Council. On October 30, 2006 the City Council, in a work session, reviewed these recommendations with the Impact Fee Committee and the consultant. On November 6, 2006 Council passed a resolution of intent to set the impact fees and called for a public hearing to be held November 20, 2006. Following the public hearing Council shall consider the evidence provided by the public, the recommendations of the Impact Fee Committee and the recommendations of its consultant. These resolutions before Council now adopt the recommendations and the report as findings of fact and accept the proposed impact fee schedule for these two services. RECOMMENDATION: That City Council consider and pass Resolutions No. 5162 and 5163. FISCAL EFFECTS: The revenues produced by the collection of these impact fees should provide much of the necessary capital to construct future police and fire facilities, as they are needed to support the demands on these systems by the new customers. Respectfully submitted, ram'" Charles H,Trjk>a�.l, City Attorney i t. 4 ames H. Patrick, City Manager RESOLUTION NO.5162 A RESOLUTION TO SET THE IMPACT FEES AND ADOPT CERTAIN SCHEDULES AND CLASSIFICATIONS FOR THE IMPOSITION OF SUCH FEES UPON ALL USERS CREATING ADDITIONAL DEMAND ON CITY OF IALISPELL POLICE FACILITIES AND TO SET THE EFFECTIVE DATE. 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 considers it proper to set fees, schedules, and classifications to be imposed upon all users creating additional demand on police facilities; WHEREAS, the Kalispell Impact Fee Committee met in noticed public meetings with the City's consultant, HDRIEES, reviewed its report and recommendations on the water 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 20th day of September, 2006; and WHEREAS, the City Council did, on November 6, 2006 set a public hearing to be held on November 20, 2006 on said proposed amendments to the fees, schedules, and classifications of the police facilities of the City of Kalispell; 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 November 20, 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, 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, and classifications applicable to the use of the City of Kalispell police facilities 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 all users creating additional demand on police facilities and shall be effective December 1 st, 2006. SECTION II. That the fees} schedules, and classifications applicable to all users creating additional demand on police facilities 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 20TH DAY OF NOVEMBER 2006. Pamela B . Kennedy Mayor ATTEST: Theresa 'White City Clerk EXHIBIT A City of Kalispell Police Impact Fees Allowable Residential Impact Fees Residential Impact Fee Costs Residential Population Served Cost per Person Single Family Dwelling Unit- 2.42 persons per Dwelling Unit Debt Service Credit Administration Fee Net Single Family Impact Fee Multifamily Dwelling Unit w 1.90 persons per Dwelling Unit Debt Service Credit Administration Fee Net Muitifarnily Impact Fee I - From Exhibit B-2. City of Kalispell, Police Impact Fees Allowable commercial Impact Fees Commercial Impact Fee Costs Commercial Acres 2 1,000 sq ft of Cross Building Area per Acre 3 Total Cross Building Area (1,000 sq ft) Impact Fee per 1,000 sq ft of Gross Building Area Debt Service Credit Administration Fee Net Commercial Impact Fee 4 1 - From Exhibit B-2. 2 - Based on development from 1999 to 2010. 3 -- Assumes 20, 000 sq. ft. per acre. 4 - Per I, 000 sq. ft. of gross building area. $ 1602764 9,324 $ 17.24 $ 41.38 2.07 $ 43.45 $ 32.76 6 1.64 $ 34.40 $ 75,654 300 20.00 0,000 $ 12.61 0.63 $ '13.24