2. Request for Impact Fee Consideration - GardnersCity of Kalispell
Charles A. Harball office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM:
SUBJECT:
MEETING DATE:
MEMORANDUM
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
Request by Gardner Auction for Consideration on Stormwater
Impact Fees
Monday, April 23, 2007 -- Work Session
BACKGROUND: Davar and Todd Gardner (the petitioners) recently petitioned for
annexation of their property just south of Four Corners upon which they have constructed a
new auction barn. Their property is the first to hook on to the new sewer and water lines
recently constructed down to old School Station. Upon filing the petition to annex the
petitioners were immediately allowed to hook on to the sewer and water lines and they paid
the impact fees for wastewater, water, police and fire but asked to withhold the stormwater
impact fee (approximately $14,500) until they have had the opportunity to request
consideration from the City Council. The petitioners contend that they were required, by
the County to construct a stormwater retention system upon their property at some
considerable cost and believe that they are paying twice (or at least more than they should)
to now pay a stormwater impact fee. The public works department indicates that some
consideration was already given and that because the retention system that was
constructed will fail at some point in the future, funds must be collected now to have on
hand for the City to construct the necessary stormwater system in the future. The
petitioners also contend that they were unaware that the impact fees would be applied to
them and had they been aware, they would have petitioned for annexation prior to the
implementation of the impact fees.
RECOMMENDATION: That Council consider the request of the petitioners and give City
staff direction as to the implementation of the impact fees.
FISCAL EFFECTS: There will be significant fiscal effects of direction of Council.
Respectfully 1 ed,
F
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Charles Harball, City Attorney
es H. Patrick, City Manager