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4. Ordinance 1421 - Storm Drainage Assessments - 2nd ReadingCity of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 REPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works SUBJECT: Storm Drainage Assessments - Second Reading MEETING DATE: May 20, 2002 BACKGROUND: Over the past few years, usually in response to requests from concerned citizens, there have been periodic re-examinations of the City's method for assessing storm drainage fees. The concerns raised have centered on the perceived inequity and adverse financial impact of applying the storm drain assessment to large vacant parcels. On each of these past occasions the result of the evaluation has been no change by the City Council to the assessment method. At the request of the City Council we have once again evaluated the storm drain assessment method to determine whether an alternate approach can be identified. The current evaluation has determined that large vacant, essentially undeveloped parcels do not impact either storm drain maintenance costs in direct proportion to their size. But they should nonetheless shoulder a fair share of these costs. The rationale is that as the level of development increases, the cost impact also increases. A similar train of thought supports refining the assessment method for residential parcels. The impact of these parcels on storm drain maintenance costs does not consistently rise with an increase in the size of the parcel. Storm drain impacts typically decline as the lot size increases. The analysis of these situations was detailed in an earlier staff memo and in subsequent work session discussions. The final result of these deliberations is a recommendation that assessments for vacant land and residential parcels should be capped at two acres and one-half acre, respectively. Further, it is recommended that public and private parkland be exempted from assessment. In order to remain revenue neutral, the rates for storm drainage should be adjusted to the following values: Category 1 Vacant Land Up To Two Acres $0.0015/square foot Category 1 Vacant Land Over Two Acres $130.68 maximum Category 2 Residential Land Up To One -Half Acre $0.0029/square foot Category 2 Residential Land Over One -Half Acre $63.16 maximum Category 3 Commercial 90% Covered $0.0052/square foot Category 4 Commercial 1001/6 Covered $0.0065/square foot RECOMMENDATION: Staff recommends setting Storm Drainage assessments as indicated with caps for vacant land and residential parcels of 2 acres and one-half acres, respectively and exemption of public and private parkland. ACTION REQUESTED: AT CITY COUNCIL MEETING OF MAY 20 - MOTION TO APPROVE ORDINANCE 1421 SETTING ASSESSMENTS FOR STORM DRAINAGE MAINTENANCE, EXEMPTION OF PARKLANDS AND SETTING MAXIMUM ASSESSMENTS FOR VACANT LAND AND RESIDENTIAL LAND. FISCAL EFFECTS: No adverse impacts identified, the action is revenue neutral, but does reflect an increase in all categories to offset the affects of the two acre and one-half acre maximums and exemption of parklands.. ALTERNATIVES: As recommended by the City Council. Imes C. Hansz, P.E. Chris A. Kukulski Director of Public Work C' Engineer City Manager Report compiled April 25, 2002 May 20, 2002, second reading Storm Drain Assessments ORDINANCE NO. 1421 AN ORDINANCE AMENDING ORDINANCE NO. 862 BY PROVIDING A MULTI -TIERED SYSTEM FOR STORM DRAIN ASSESSMENT AND EXEMPTING CEMETERIES, PUBLIC AND PRIVATE PARKLANDS THEREFROM, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the City Council finds that large vacant and essentially undeveloped parcels do not impact storm maintenance costs in direct proportion to their size, but should, nonetheless, shoulder a reasonable share of these costs. Further, the City Council finds that the impact of larger residential parcels on storm drain maintenance costs does not consistently rise with the increase in the size of the residential parcel. SECTION II. That the City Council finds that public parks and private parks (as defined by Kalispell City Code 28-3-19) and cemeteries have minimal impact on the storm drain system and as a matter of public policy should be exempt from the storm drain assessment. SECTION III. That the tax levied by the City for storm drain maintenance should be reasonable and just. SECTION IV. That the City Council finds that the purpose of maintaining a reasonable and just storm drain assessment may be met by assessing vacant land with a two acre cap and residential parcels with a one-half acre cap, and by exempting public and private parklands and cemeteries from the assessment. SECTION V. That Ordinance No. 862 is hereby amended as follows: Paragraph 2.01 shall be and is hereby amended to strike all of the existing language to be replaced with the following: 2.01 Application and Classification: A special storm sewer charge is hereby imposed on each lot and parcel of land within the City, except the Airport, Golf Course, Ord\1421 storm drain assessments.wpd 1 cemeteries, all public parkland and all private parkland as defined by Kalispell City Code 28-3-19 and adjacent City owned areas, for services and facilities provided by the storm sewer. For purposes of imposing the storm sewer charge, all lots and parcels within the City, except those areas as exempted hereby, shall be classified and assessed as follows: Category 1 Vacant Land up to Two Acres: $0.0015/square foot Category 1 Vacant Land over Two Acres: $130.68 maximum Category 2 Residential Land Up to 'A acre: $0.0029/square foot Category 2 Residential Land Over % acre: $63.16 maximum Category 3 Commercial 90% Covered: $0.0052/square foot Category 4 Commercial 100% Covered: $0.0065/square foot Paragraphs 2.02, 2.03 and 2.04 shall be stricken and paragraphs 2.05, 2.06, 2.07, 2.08, 2.09 shall be renumbered as 2.02, 2.03, 2.04, 2.05, 2.06 respectively. SECTION VI. This Ordinance shall take effect 30 days after final passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF MAY, 2002. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk Ord\1421 storm drain assesaments.wpd 2