HomeMy WebLinkAboutResolution 4423 Adopting the Fire/EMS Impact Fee Study z
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COMMISSION RESOLUTION NO. 4423
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZ,EMAN,
MONTANA, ADOPTING THE FIRVEMS IMPACT FEE STUDY PER ARTICLE 2.0+6,
BMC.
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 interest 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 services 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
transportation system; and
WHEREAS, the City Commission has chosen to utilize impact fees as one element of
an integrated approach to fund and provide fire and emergency medical services (Fire/EMS); 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
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WHEREAS, the City contracted with TischlerBise, Inc. to provide professional
services in development of an updated Fire/EMS impact fee study (the "Fee Study");
WHEREAS, TischlerBise, Inc. reviewed the existing demand and needs for
transportation facilities, the existing facilities available to meet that demand, and the method of
financing the existing systems and needed new facilities; and,
WHEREAS, TischlerBise, Inc. 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, TischlerBise, Inc. 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 impact fees; and,
WHEREAS, TischlerBise, Inc. prepared the Fee Study dated September 23, 2012,
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, Impact Fee Advisory Committee, and City Commission; and,
WHEREAS, in addition to the Fee Study, TischlerBise, Inc. and the City have
prepared, updated, and relied upon other documentation, as required by section 7-6-1602 of the
Montana Code Annotated, in developing the Fire/EMS facilities impact fees adopted pursuant to
this Resolution, including but not limited to the following which has been summarized in the
required service area report:
(1) 2006 Fire Master Plan;
(2) Adopted Fire Impact Fee Capital Improvement Program; and
(3) the City Budget; and
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WHEREAS, the Consultant found that there was a likelihood of future unmet capital
needs that impact fees could not be used to correct; and
WHEREAS, the City finds that the imposition of the impact fee and collection of
impact fee revenues is mitigation of service demand which blocks any further deterioration in
unmet capital needs; and
WHEREAS, the City develops its Fire/EMS 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 Inc. developed the Fire/EMS impact fee study
in a manner open to the public and accepted and responded to comment and input; and
WHEREAS, the City of Bozeman Impact Fee Advisory Committee has considered
and made a recommendation to the City Commission on the Fee Study; and
WHEREAS, the Impact Fee Advisory Committee conducted public hearings on the
subject of the transportation impact fee study on August 16, 2012 and September 13, 2012, and
the City Commission conducted a public hearing on October 8, 2012, and a public meeting on
December 10, 2012; and
WHEREAS, public comment was received and considered; and
WHEREAS, the City Commission reviewed and discussed the Fee Study and accepts
and agrees with the content of the Fee Study and recognizes that updates and modifications will
be made to the fee schedule in the future in accord with the annual cost 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.
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NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that
1. The September 23, 2.012 draft of the Fire/EMS Impact Fee Study Update, as contained in
Exhibit "A", attached hereto and by this reference made a part hereof, is hereby adopted.
2. As of the Ist day of January, 2013, any person who seeks to obtain any of the forms of
development listed 2.06.1650, BMC must pay a Fire/EMS Impact Fee pursuant to the
schedule included in Exhibit A of this Resolution.
Effective Date.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 10"' day of December, 2012. This resolution shall be in
full force and effect on January 1, 2013.
A,
SEAN A. BECKER
Mayor
ATTEST:
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S AC U MEN,,CM,C
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APPROVED AS TO FORM:
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TG SULLIVAN
Attorney
Resolution 4423
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