3. Resolution 5341 - Resolution of Intent and Call for PH - Transportation Impact FeesCharles A. xarball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Myrt Webb, Interim City Manager
Tel 406.758.7977
Fax 406.758.7979
charball@kalispell.com
SUBJECT: Resolution No. 5341— Notice of Intent to Consider
Establishing Transportation Impact Fees and Calling for
a Public Hearing
STING DATE: Monday, February 17, 2009 — Regular Council Meeting
BACKGROUND: The City Council directed staff at its February 8, 2009 work
session to prepare the necessary draft legislation to implement a transportation
impact fee, to publish and make available to the public the documentation and
material necessary for reasonable and adequate public scrutiny and to notice a
public hearing to be held in Council Chambers at 7:00pm March 2, 2009.
Resolution 5341 declares the Council's intention to consider establishing
transportation impact fees and calls for the public hearing. Staff will have the
documentation and the draft legislation available to the public, on the web and as
hard copies upon request, at least one week prior to the hearing.
RECOMMENDATION: That Council pass Resolution No. 5341 announcing its
intention to consider establishing transportation impact fees and calling for a public
hearing on the matter at the Council Meeting scheduled March 2, 2009.
FISCAI. EFFECTS: Other than the costs of publishing, which is required in any
event, there is no fiscal effect to this action.
Respectfully su ed,
Cha rba 1, City Attorney
Myrt Webb, Interi City Manager
RESOLUTION 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.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
CITY OF KALISPELL
NOTICE OF PUBLIC HEARING
PROPOSED TRANSPORTATION IMPACT FEES
A proposal to adopt impact fees for services of transportation facilities of the City of
Kalispell will be presented at a Public Hearing, Monday, March 2, 2009, in the Council Chambers of
City Hall, 201 1st Avenue East, Kalispell, Montana, at 7:00 P.M.
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 impact fees on users creating
an additional demand on the City's transportation facilities in order to capture the transportation
system development costs attributable to new development.
Any person wishing to address the proposed transportation impact fees may appear at this
hearing and make oral statements or present same in writing. Written comments may also be
submitted for Council consideration by delivering the same to the City Clerk prior to the hearing. If
there are questions that might be answered by telephone you may call (406) 758-7720.
The fee schedule, data sources and methodology supporting the adoption and calculation of
the impact fees are available on-line at www.kalispell.com or in the office of the City Clerk during
regular business hours.
Dated this 17th day of February, 2009.
Theresa White
City Clerk
Publish: February 19, 2009
February 26, 2009