1. Resolution 5548 - Resolution of Intent & Call for Public Hearing - Impact Fees - Water�,ii��ill'illllzmll� 1!
6
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
TO: Mayor Tammi Fisher and Kalispell City Council
FROM: Charles Harball, Interim City Manager
SUBJECT: Resolutions No. 5548 and 5549 — Resolutions of Intent and Call for a
Public Hearing on Adjustments to the Water and Sewer Impact Fees.
MEETING DATE: March 5, 2012 — Regular Council Meeting
BACKGROUND: Section 7-6-1602(2)(k)(4), MCA requires that impact fees be reviewed every
two years. Any changes in impact fees require proper notification and a public hearing. At the
February 21 regular meeting, the city council tabled Resolutions 5548 and 5549 for two weeks pending
further discussion. On February 27, the proposed changes were reviewed during a work session and
additional study and examination of the report was requested from staff to reflect changes in the
annexation policy and other variables that have occurred since the last report was generated.
RECOMMENDATION: City Council once again table Resolutions 5548 and 5549 pending the
completion of the requested report.
Respectfully submitted,
Charles Harball
Interim City Manager
RESOLUTION O AMEND THE IMPACTO. CITY OF KALISPELL
WATER UTILITY SERVICES PURSUANT O 61 1 s
THEREFORE., SETTING
A PUBLIC HEARING AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE
WHEREAS, pursuant to authority granted by Section 69-7-101, MCA to municipalities operating
utility services, and the authority granted by 7-6-1601 to 7-6-1604, MCA to
municipalities to charge impact fees to fund capital improvements, the City of Kalispell
considers it proper and necessary to amend the fees, schedules, charges and
classifications imposed for water utility services to its inhabitants and other persons
served by the City of Kalispell Water Utility; and
WHEREAS, pursuant to Section 7-6-1602(2)(k)(4), MCA that impact fees be reviewed every two
years, the Kalispell Impact Fee Committee met in noticed public meetings, reviewed its
report and recommendations on the water utility facilities and issued its recommendations
for a change to the impact fee schedule based upon adjustments to the water utility capital
improvement plan and updated cost analysis; and
WHEREAS, it is the intent of the City Council to consider the recommendations of the Kalispell
Impact Fee Committee and to possibly adjust the water utility impact fees imposed on
users creating an additional demand on the water facilities in order to capture the water
system development costs attributable to such new users; and
WHEREAS, prior to adjusting the impact fees on the water utility system, the City is required,
pursuant to MCA 69-7-111, to hold a public hearing on the matter after giving due and
proper notice of said hearing.
THEREFORE,BE IT RESOLVED BY ! OF OF .
AS O,
SECTION I. That there is hereby set a Public Hearing on the _ day of , 2012,
at 7:00 o'clock p.m. in the Council Chambers, City Hall, Kalispell,
Montana, to discuss a proposal to adjust the impact fees for the water
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 Section 69-
7-111, MCA. 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 to the public upon
request.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, ON THE DAY OF 2012.
131WMI
Theresa White
City Clerk
Tammi Fisher
Mayor