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2. Resolution 5345 - Amending Resolution 5291 - Transportation Growth Related Capital Improvement PlanCharles A. Harball Office of City Attorney City Attorney 201. First Avenue Bast P.D. Box 1997 Kalispell, MT 59903-1997 0101,MO. 1 TO: Mayor Pamela B. Kennedy and Kalispell City Council Tel 406.758.7977 Fax 406.758.7979 charbalI L kalispell. corn FROM** Charles Harball, City Attorney Myrt Webb, Interim City Manager SUBJECT. Resolution No. 5345 — Amending Resolution No. 5291 — Transportation Growth Related Capital Improvement Plan MEETING DATE. Monday, March 9, 2009 - Regular Council Meeting BACKGROUND: Council previously adopted a Transportation Growth Related Capital Improvement Plan (CIP) by Resolution No. 5291. This CIP contains ten transportation facility projects with a total growth related cost of $12,406,270. Based upon comment and evidence provided by the public, Council asked staff to have a report prepared which removed certain projects from the CIP. In response to this, staff, in conjunction with its consultant, provided the Council with two alternative reports meeting this objective. The first report, Alternative 1, utilizes a proposed CIP with five projects removed from the adopted CIP, with a total growth related cost of $6,306,940. The second report, Alternative 2, utilizes a proposed CIP with six projects removed from the adopted CIP, with a total growth related cost of $4,2711672. RECOMMENDATION: ION: If it is the choice of the Council to maintain the existing CIP adopted by Resolution No. 5291, it should vote against Resolution No. 5345. If it is the choice of the Council to remove the five transportation projects from the existing CIP, as set forth in Exhibit 4 of the Report of Impact Fees for the Transportation System -- Alternative 1, it should act by passing a Motion to Amend Resolution No. 5291 by adopting Resolution 5345, with Exhibit 4 of the Alternative 1 Report attached as Exhibit "N'. If it is the choice of the Council to remove the six transportation projects from the existing CIP, as set forth in Exhibit 4 of the Report of Impact Pees for the Transportation system. — Alternative 2, it should act by passing a Motion to Amend Resolution No. 5291 by adopting Resolution 5345, with Exhibit 4 of the Alternative 2 Report attached as Exhibit "A". -Memorandum for Resolution 5345 March 4, 2009 Wage - 2 FISCAL EFFECTS: There are significant and complex differences in the fiscal impact to the City of each of the alternatives. Unfortunately, because of the unknown effects the national and regional economies will have on the local market, It is difficult, if not impossible to predict, with any accuracy, the actual fiscal effect of the alternatives. Respectfully submitted, - - r111z Charle all, City Attorney Myrt Vebb, Interim City Manager Office of City Attorney City of Kalispell 20.1 P Avenue Past, P.0. Box 1997, Kalispell, MT 59903 --Phone (406) 758- 7720 — Fax (406) 758- 7831 www.kalispell.com REPORT" TO: Mayor and City Council FROM: James C. Hansz, P.E., director of Public works SUBJECT: Resolution No. 5345 — Transportation Impact Fee Deport and Alternatives MEETING DATE: March 9, 2009 Over the past two years the Impact Fee Advisory Committee, supported by the City's Consultant HDRIEES, the Public works Department and the City Attorney, has worked to develop a report for City Council that details an evaluation of ways and means to implement transportation impact fees for the City of Kalispell that comply with the requirements of Montana law. Several drafts of the report have been reviewed by City Council and the public with each successive effort reflecting public comments and the City Council's recommended changes needed to assure consistency, accuracy, fairness and legality. The form and format of the report is consistent with those previously adopted for water, Sewer Storm. Drainage, Police and Fire impact fees. The report consists of five plain sections; 1) an introduction, 2) an overview of industry practices and impact fees, 3) an overview of the various methodologies used to determine transportation impact fees with a recommendation (the capacity method), 4) an examination of Montana's legal requirements and considerations for the City, and 5) a determination of the impact fee using the recommended method. In addition, there are three Tables and an Appendix A of eight exhibits outlining costs, street capacities, supporting engineering analyses, Capital Projects, fee calculation and a schedule of fees. A second Appendix I3 contains Montana Code Annotated 7.6-1601 through 7-6-1604 that governs impact fees. The Kalispell Area Transportation Plan (2006 Update) provided the planning basis for transportation needs, costs and the Capital Improvement Plan, and is include by reference. The reports prepared by HDRIF.ES were provided to you on Monday. The reports are virtually identical except as noted. These reports are briefly described as follows. - Report Dated January 2009 This is the primary report prepared by HDRIEES. It is based on a Capital Improvement Plan (CIP) of ten projects totaling $12,406,270.00. Growth -related traffic served by the improvements listed in this plan is 134,118 new trips over the planning period. This results in an impact fee per trip of $97.13. Report Dated February 2009 -- Alternative 1 This report is identical to the Report date January 2009 except for the CIP (Appendix A, Exhibit 4) and the fee calculations (page 5-4, and Appendix A, Exhibit 7) and schedule of fees (Appendix A, Exhibit 8) that are based on the CIP. The CIP has been lowered in value by removing five projects: MSN 2, 3, 23, 28, and 29. The value of the five remaining projects on the CIP is $6,306,940.00. Growth -related traffic served by the improvements listed in this plan is 134,1.18 new trips over the planning period. This results in an impact fee of $49.38 per trip. Report Dated[ February 2009 -- Alternative 2 This report is identical to the Report date January 2009 except for the CIP (Appendix A, Exhibit 4) and the fee calculations (page 5-4, and Appendix A, Exhibit 7) and schedule of fees (Appendix A, Exhibit 8) that are based on the CIP. The CIP has been lowered in value by removing six projects: MSN2, 3, 9, 23, 28, and 29. The value of the four remaining projects on the CIP is $4,271,672.00. Growth -related traffic served by the improvements listed in this plan is 134,11.8 new trips over the planning period. This results in an impact fee of $33.44 per trip. City staff has thoroughly reviewed each of these reports and believe that all meet the previously stated goals of consistency, accuracy, fairness and legality and as such may be used as the basis for establishing transportation impact fees in the City of Kalispell. Respectfully submi 3C. Hansz, P.E. Director of Public Works / i Engineer RESOI. UTION NO, 5345 A RESOLUTION AMENDING RESOLI.TION 5291 THAT APPROVES AND ADOPTS THE CITY OF KALISPELL TRANSPORTATION GROWTH RELATED CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2008-2009 AND BEYOND. WHEREAS, the City of Kalispell retained the engineering firm Robert Peccia and Associates to analyze the transportation facilities in and around the City of Kalispell for the purpose of developing a Kalispell Area Transportation Plan (2006) to update and replace the existing transportation plan that was developed in 1993; and WHEREAS, the Kalispell Area Transportation Plan (2006 Update) describes the existing conditions of the transportation facilities defining the current level of service, forecasts future additional needs for service for a defined period of time, identifies capital improvements necessary to meet future needs for service and identifies those capital improvements needed for continued operation and maintenance of the transportation facilities and further includes a financial analysis of the capital improvements to implement the plan; and WHEREAS, the Kalispell City Council, by Resolution 5269, approved and adopted the Kalispell Area Transportation Plan (2006 Update) on April 21, 2008; and WHEREAS, on the 4th day of August, 2008, by Resolution 5291, the City of Kalispell adopted a transportation growth related capital improvement plan for the purposes of instituting the funding mechanisms, such as transportation impact fees, necessary to pay for growth related transportation improvement projects; and WHEREAS, based upon considerable evidence provided by the City's consultants, City staff and public comment, written and oral, including that provided in transportation impact fee hearings and consideration of funding that is currently available for capital transportation infrastructure, the Kalispell City Council finds that it is reasonable and prudent to amend the existing Kalispell Transportation Growth Related Capital Improvement Plan established by Resolution 5291 to the listing attached hereto as Exhibit "A" and further finds that such amended Plan provides a reasonable and appropriate basis from which to determine the funding mechanisms, such as transportation impact fees, necessary to pay for the growth related transportation improvement projects. NOW, THEREFORE, BE IT RESOLVED BY THE CI'T`Y COUNCIL OF THE CITY OF IALISPELL AS FOLLOWS; SECTION I. That the City of Kalispell Transportation Growth Related Capital Improvement Plan, attached hereto as Exhibit "A", and fully incorporated herein by this reference, be, and hereby is, approved and adopted for the fiscal years 200E -- 2009 and beyond, until later amended or revised. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY OF IALISPELL, THIS 9TH DAY OF MARCH, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa white City Clerk