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HomeMy WebLinkAboutResolutions 5651 - Adopting the Fire/EMS Facilities Impact Fee Service AreaVersion February 2023 RESOLUTION 5651 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE FIRE/EMS FACILITIES IMPACT FEE SERVICE AREA REPORT PER ARTICLE 2.06, BMC AND ESTABLISHING FIRE/EMS IMPACT FEES AS STATED IN THE STUDY. WHEREAS, the City of Bozeman is committed to addressing the community’s expressed needs and desires for services; and WHEREAS, the City of Bozeman is committed to meeting those desires and demands for services in a fiscally responsible manner; and WHEREAS, the City of Bozeman is committed to meeting those desires and demands for services in a manner which recognizes the fiscal and legal interests of all of the system users now and in the future and not a limited subset of users; and WHEREAS, the City of Bozeman has developed and adopted a Fire/EMS Facilities master plan which examined current and future needs and provides a lawful, logical, balanced, operationally sound, and cost effective basis upon which to maintain and develop the City’s Fire/EMS facilities system; and WHEREAS, the City Commission has chosen to utilize impact fees as one element of an integrated approach to fund and provide Fire/EMS facilities services; and WHEREAS, Sections 7-6-1601 through 7-6-1604, MCA provide specific authority and guidance regarding the documentation necessary to establish an impact fee and procedures to adopt and administer an impact fee; and WHEREAS, the City contracted with TischlerBise to provide professional services in development of an updated Fire/EMS facilities impact fee service area report; Docusign Envelope ID: F24F8542-E3B0-4895-8EE7-4C67F07F612E Version February 2023 WHEREAS, TischlerBise reviewed the existing demand and needs for Fire/EMS facilities, the existing facilities available to meet that demand, and the method of financing the existing systems and needed new facilities; and, WHEREAS, TischlerBise also reviewed the contribution made or to be made in the future in cash or by taxes, fees, or assessments by property owners towards the capital costs of Fire/EMS facilities; and, WHEREAS, TishlerBise reviewed and relied upon the City of Bozeman’s level of service (LOS) standards and facility cost assumptions as established by recently constructed projects in recommending Fire/EMS facilities impact fees; and, WHEREAS, TischlerBise has prepared the Fee Study, presented to the City Commission on October 1, 2024, including the assumptions, population and residential and non-residential development projections, capital infrastructure and impact fee calculations, which study has been submitted to and reviewed by City staff, Community Development Board acting in their capacity as the Impact Fee Advisory Committee, and City Commission; and, WHEREAS, the City develops its Fire/EMS Facilities facility plans, and its capital improvements program in a manner open to the public and accepts and responds to public comment and input; and WHEREAS, the City and TischlerBise have developed the service area report in a manner open to the public and accepted and responded as appropriate to comment and input; and WHEREAS, the City of Bozeman Community Development Board in their capacity as the Impact Fee Advisory Committee has considered and made a recommendation to the City Commission on the service area report; and WHEREAS, the Community Development Board in their capacity as the Impact Fee Advisory Committee conducted a public hearing on the subject of the service area report on September 9, 2024, and the City Commission conducted a public hearing on October 1, 2024; and WHEREAS, public comment was received and considered; and WHEREAS, the City Commission reviewed and discussed the service area report and accepts and agrees with the content of the service area report and recognizes that updates and modifications will be made to the fee schedule in the future in accord with the annual cost Docusign Envelope ID: F24F8542-E3B0-4895-8EE7-4C67F07F612E Version February 2023 adjustment requirements of Chapter 2, Article 6, Division 9 BMC; and WHEREAS, the City Commission finds that all required elements necessary for compliance with standards for development of an impact fee have been satisfied. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: 1. The draft of the Fire EMS Facilities Impact Fee Service Area Report, as contained in Exhibit "A", attached hereto and by this reference made a part hereof, is hereby adopted. 2. As of November 1, 2024, any person who seeks to obtain any of the forms of development listed 2.06.1660, BMC must pay a Fire/EMS Facilities Impact Fee pursuant to the schedule included in Exhibit A of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 1st day of October 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: F24F8542-E3B0-4895-8EE7-4C67F07F612E