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3. Transportation Impact FeesCharles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: Mayor Tammi Fisher and Kalispell City Council FROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com BACKGROUND: The Council held extensive discussions regarding the future of the Kalispell Transportation Impact Fees at a workshop held on January 17, 2012. Following the discussion it was determined that the matter should be brought before the Council at its regularly scheduled meeting on January 23, 2012. At that time the Council would, by motion and vote, determine whether the transportation impact fees be continued per recommendation of the Impact Fee Committee, modified or discontinued. Based upon the discussion and vote at that time, the matter will be brought back before the Council in the form of a resolution with the appropriate findings incorporated into the legislation. RECOMMENDATION: The Council members should be prepared to bring their motions to the floor for discussion and a vote. For instance, a motion may be made to discontinue the transportation impact fee program and rebate the amounts collected pursuant to state law. Another motion may be made that the impact fees be continued in accordance with the recommendations of the Impact Fee Committee. Another motion may be made that the impact fees be assessed at 40% of the rate recommended by the Impact Fee Committee. Each of these motions should conclude with the requirement that the matter be brought back before the Council in the form of a resolution, complete with findings. Respectfully submitted, Char es Harball, City Attorney