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