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7. Resolution 5093 - Resolution Amending Resolution 5062 - Impact Fee Advisory CommitteeCharles A. Harball City Attomey City of Kalispell Office of City Attorney 312 First Avenue East P.O. Box 199 Kalispell, MT59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell city council FROM: Charles Harba 1, city .Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.759.7771 charball@kalispell.com SUBJECT: Resolution No. 5093 to amend the required appointments to the Kalispell city Impact Fee Committee MEETING DATE: Tuesday, February 21, 2005 — Regular Meeting BACKGROUND: council previously passed Resolution No. 5062 calling for the formation of the Kalispell city Impact Fee Committee, as required by state law. At that time Council determined that a committee composed of seven members would e ideal and the direction was given to advertise for volunteers to ill these roles. The City has received letters of interest from the requisite Certified Public Accountant and from individuals in the construction and development community, Howeveafter numerous publications, the City has not received seven letters o interest. As the statute does not require the committee to be composed of seven members, the Council coin.d reduce that number. RECOMMENDATION: ON: That council consider and pass Resolution No. 5093 that allows the committee to be composed f tip to seven members and thereby allow the work on the impact fees to commence. FISCAL EFFECTS: None. Respectfully u mitted, Chl(u-16 al , ity Attorney ones H. P atrick, city Manager �SOLUTION NO. 5093 RESOLUTION AMENDING RESOLUTION 5062, THE IMPACT FEE ADVISORY WHEREAS", Resolution 5062 was passed pursuant to State Law on September 19, 2005, and WHEREAS, Resolution 5062 called. for seven (7) Impact Fee Advisory members, who are either property owners, residents, or actively engaged in business or employment within the Kalispell city limits, and WHEREAS, after advertising the availability of seats on the Impact Fee Advisory Committee number of times and not succeeding in finding seven .embers, the City Council now amends the number of com.m.itte members to a maximum of seven (7). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 1. of Resolution 5062 is hereby amended to read as follows: An co act Fee Advisory Committee shall be formed to review and monitor the process of calculating., assessing, and spending impact fees and shall make recommendations to City Council. The committee shall consist of a maximum of seven members who are either, property owners, residents, or actively engaged in business or employment within. the Kalispell city limits, appointed to staggered tens of tb.ree ) years and shall have at least one representative of the development community and one certi " ed iic accountant. Notice o the fornat.' on the con�rnitte shall be published and statements of interest shall be invited to be submitted to the City Clerk. The Mayor, with Cou.ncil's consent, shall March appoint committee membersat the % OF e/ tk 1 10 1 bo e -L 1 '7 1) A- 00 regular council meeting. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2 1 ST DAY OF FEBRUARY, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk