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
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