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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 i E - _ i Charles Harball, City Attorney es H. Patrick, City Manager