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Resolution 5341 - Resolution of Intent & Call for Public Hearing - Establish Transportation Impact FeesRESOLUTION NO.5341 A RESOLUTION OF INTENT TO ESTABLISH IMPACT FEES FOR CITY OF KALISPELL TRANSPORTATION FACILITIES PURSUANT TO MCA 7-6-1601 THROUGH 7-6-1604, SETTING A PUBLIC HEARING AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE THEREFORE. WHEREAS, Montana State legislation regulating impact fees to fund capital improvements, MCA 7-6--1601 through 7-6-1604, became effective April 19, 2005; and WHEREAS, on May 16, 2005, the City Council passed Resolution No. 5012 authorizing the engagement of a professional engineering firm to consult with and advise the City in the process of developing its impact fees and the firm of HDR/EES was thereafter retained for this purpose; and WHEREAS, on September 19, 2005, the City Council passed Resolution No. 5062 establishing an Impact Fee Committee pursuant to the requirements of MCA 7-6-1604 and on February 21, 2006 the City Council passed Resolution No. 5013 amending Resolution No. 5062 as to the number of committee members but in all respects remaining compliant with MCA 7-6-1604 and members were thereafter appointed to the committee; and WHEREAS, over the past 24 months the Kalispell Impact Fee Committee met in noticed public meetings with the City's consultant, HDR/EES, reviewed its report and recommendations on the transportation facilities and examined the methodology utilized and issued its recommendations regarding the adoption of an impact fee schedule along with the data sources and methodology supporting the calculation of the impact fees to City Council; and WHEREAS, the Kalispell City Council considered the report and input from the Kalispell Impact Fee Committee, met in numerous work sessions over the past 24 months with staff and the committee and heard the opinions and concerns of the public, verbally at council meetings and those submitted in writing; and WHEREAS, it is the intent of the City Council to consider the recommendations of the Kalispell Impact Fee Committee and its consultant, HDR/EES, and to possibly impose transportation impact fees on such new development that creates an additional demand on the Kalispell City transportation facilities consistent with the provisions of MCA 7- 6-1601 through 7-6-1604; and WHEREAS, prior to establishing the impact fees on the transportation system, the City shall hold a public hearing on the matter after giving due and proper notice of said hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That there is hereby set a Public Hearing on the 2nd day of March, 2009, at 7:00 o'clock p.m. in the Council Chambers, City Hall, Kalispell, Montana, to discuss a proposal to establish impact fees for the Kalispell City transportation system as recommended by the Kalispell Impact Fee Committee. SECTION II. The City Clerk is hereby authorized and directed to make, publish and distribute notices of said Public Hearing in conformity with state law. The City Clerk shall further make the report containing the recommended impact fee schedule, data sources and methodology supporting adoption and calculation of the impact fees available to the public by posting the same on the City of Kalispell web site and by providing a paper copy to the public upon request and payment of copy fees. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, ON THE 17TH DAY OF FEBRUARY, 2009. ATTEST: i Theresa White City Clerk