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HomeMy WebLinkAboutCommission Memo - Impact Fee Discussion.docx Commission Memorandum       REPORT TO:           Honorable Mayor and City Commission                      FROM:                       Anna Rosenberry, Finance Director Chris Saunders, Assistant Planning Director Chris Kukulski, City Manager   SUBJECT:              Impact Fee Discussion     MEETING DATE: October 18, 2010 AGENDA ITEM TYPE: Policy Discussion   BACKGROUND: The purpose of this meeting is to review and discuss the policies that have brought about the City's Impact Fee programs, and the work that will be done in the coming months/year related to impact fees. We have attached relevant reading material, and plan to have an open discussion format for the evening. The Engineering Department, Finance Department, Building Inspection Department, and the Planning Department will be leading their relevant portions. Below is an outline of the discussion points and links to the related materials:   Policy Decisions on Growth of the City Community Plan (foremost, in Chapters 1-3) http://www.bozeman.net/Smarty/files/e6/e6a049b8-fad5-4886-b7f5-3ebfbd2f4556.pdf   Facility Plans and Infrastructure Expansion Needs to accommodate growth while maintaining defined Level Of Service standards Find the following Facility Plans at: http://www.bozeman.net/Departments-(1)/Public-Service/Engineering/Plans Transportation Facility Plan Wastewater Facility Plan Water Facility Plan http://www.bozeman.net/Smarty/files/e6/e63eff8a-50ae-435a-95e8-bd60e6d3a037.pdf Fire Protection (Master) Plan   Options to Fund Infrastructure Development Different from Funding Maintenance of Existing Infrastructure; General Taxes. Voted Levies/Bonds. Increased Utility Rates to Residents. Creation of Assessment Districts (Special Improvement Districts, Special Improvement Lighting Districts.) Increased Assessments to existing Districts (for instance, Street Maintenance District.) Tax Increment Finance Districts. Federal Funds. State Funds. Developer Exactions. Impact Fees.   Why Impact Fees were added. Advantages of Impact Fees. Disadvantages of Impact Fees.   Our Impact Fee Programs: Codified in Bozeman Municipal Code - Chapter 3.24 http://www.bozeman.net/Smarty/files/55/5561f2ec-9214-4ed3-820e-b6d23c74b43f.pdf Lawsuit & Settlement – The City’s impact fees were legally challenged in the spring of 1999. The case remained in district court and had not reached the trial phase in the spring of 2005. In 2005, the Legislature passed a bill specifically authorizing local governments to establish impact fees. A settlement of the suit was reached in the spring of 2005. After the settlement of the suit the City contracted for and completed the scheduled update of the fee studies. Water Impact Fees – Study found at http://www.bozeman.net/Smarty/files/86/86505cf9-de28-467f-9538-b54edd003c1c.pdf The water impact fee covers impoundment, storage, treatment, and transmission of water. Acquisition of additional water rights are not included in the impact fee but are handled separately through Commission Resolution 4095. Fees are typically set by the size of the water meter, although there are defined exceptions. The City can allow connection to its water system by unannexed properties who would then be subject to the water impact fee. A new treatment plant south of town is in design and construction is expected to begin work in 2011. Sewer Impact Fees – Study found at http://www.bozeman.net/Smarty/files/bf/bfc27851-d4cd-4ee3-a344-8ad696368d56.pdf The sewer impact fee covers collection and treatment sewage. Fees are typically set by the size of the water meter serving the property. The City can allow connection to its sewer system by unannexed properties who would then be subject to the sewer impact fee. A new sewer plant which is funded in part by impact fees is now under construction. Street (Transportation) Impact Fees – Study found at http://www.bozeman.net/Smarty/files/b4/b44785fa-43e7-4753-9060-b02c3a4256b5.pdf The transportation impact fee is the most complex of the impact fees adopted by the City. During the most recent update, the City asked the consultant to examine whether there was adequate data to distinguish between the development norms and Low Income/Affordable Housing impacts and Downtown. The consultant did locate and incorporate the needed information and the Commission did adopt a differentiated transportation impact fee. The service area and cost for service per unit of demand remained the same. The difference was based upon a demonstrated distinction in the demand for service. The difference in demand then changes the equation so that the cost paid per unit is less. The Downtown area is called the Trip Exchange District in the impact fee ordinance. Other areas that could demonstrate a similar difference could be considered for creation of a Trip Exchange District. Fire Impact Fees – Study found at http://www.bozeman.net/Smarty/files/e6/e68ae60b-c0bd-45fa-b49e-11d0d098f5be.pdf The Fire/EMS impact fee methodology changed with the most recent update. The original study in 1995 relied upon the fire flow methodology which measures demand by the amount of water required to suppress a fire. With the passage of time new record keeping mechanisms were put in place and duties changed. The current study relies upon a call response methodology. This reflects that many of the service calls for Fire/EMS are to events like car accidents or injuries which do not require fire flow. The capacity must still be available to respond to all types of calls. The change in methodology significantly changed the cost allocations between residential and commercial/industrial development. Police Impact Fees – A contract for a study was awarded. Due to the projected length of time to obtain the necessary information on future development of law enforcement facilities the contract was terminated. Recreation Impact Fees – The Parks, Recreation, Open Space and Trails plan is the City’s facility plan for parks. It examines the current status of park and recreation facilities, looks at future needs, and identifies options for making improvements. Chapter 10 includes a recommendation to consider the possibility of impact fees as a one of several possible funding sources for specific facilities. Chapter 11 includes discussion of impact fees among other possible local funding sources for park improvements. Although some other Montana communities do collect impact fees for parks, Bozeman has not seriously looked at impact fees for parks to date. Impact Fee Credits. Upcoming Issues: Updates to Current Studies (Water/Sewer/Street/Fire) - Draft Request for Proposals. September 2009 Commission Memo (attached.) Advisory Board vacancies. Recent Gallatin Association of Realtors (GAR) letter regarding reduction of Street Impact Fees.   Documents Attached: September 2009 Commission Memo Chapter 3.24, Impact Fees, BMC  Water Impact Fee Study Sewer Impact Fee Study Street Impact Fee Study Fire Impact Fee Study