13. Resolution 5187 - Resolution of Intent & Call for PH - Transportation Impact FeesCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
611101
SUBJECT:
MEETING DATE:
MEMORANDUM
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
Names H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
Resolution No. 5187 — Resolution of Intent and Call for Public
Hearing on Impact Fees for Transportation Facilities
Monday, March 5, 2007 -- Regular Meeting
BACKGROUND: Montana State legislation regulating impact fees to fund capital
improvements, MCA 7- 6-1601 through 7- 6-1604, became effective April 10, 2005. As of this
date, the City of Kalispell has implemented impact fees for its water, wastewater,
stormwater, police and fire facilities. Now the facility studies have been completed on the
transportation system and the consultant, HDRIEES, has completed its studies for
appropriate impact fees for these services.
The Kalispell Impact Fee Committee met with the City's consultant, HDR1EES,
reviewed its report and recommendations on the transportation facilities and examined the
methodology utilized and issued its recommendations to City Council dated the 25th day of
February, 2007.
This resolution states the Council?s intention to consider the adoption of the
recommendations and the report as findings of fact and to possibly accept the proposed
impact fee schedule for the transportation services. It also calls for a public hearing as
required by state law and advises the public about where it can acquire copies of the full
report and recommendations.
RECOMMENDATION: That City Council consider and pass Resolution No. 5187, state its
intention and call for a public hearing.
FISCAL EFFECTS: None at this time.
Respectfully sub;nitt ,
f= X
Charles Harba_ , City Attorney
esJaWH. Patric , City Manager
RESOLUTION NO.5187
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 HDRIEES 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, the Kalispell Impact Fee Committee met in noticed public meetings with the City's
consultant, HDRIEES, reviewed its report and recommendations on the transportation
facilities and examined the methodology utilized and issued its recommendations for the
adoption of an impact fee schedule along with the data sources and methodology
supporting adoption and calculation of the impact fees to City Council dated the 25th day
of February, 2007; and
WHEREAS, it is the intent of the City Council to consider the recommendations of the Kalispell
Impact Fee Committee and its consultant, HDRIEES, and to possibly impose impact fees
on users creating an additional demand on the Kalispell City transportation facilities in
order to transportation system development costs attributable to such new development;
and
WHEREAS, prior to establishing the impact fees on the transportation system, the City is required to
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 19th day of March, 2007,
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 5TH DAY OF MARCH, 2007.
Pamela B . Kennedy
Mayor
ATTEST:
Theresa white
City Clerk