11. Resolution 5160 - Resolution of Intent & Call for PH - Impact Fees for Police and FireCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
FROM: Charles Harball, City Attorney
James H. Patrick, City Manager
SUBJECT: Resolution No. 5160 — Resolution of Intent and Call for
Public Hearing on Impact Fees for Police and Fire
Facilities
MEETING BATE: Monday, November 6, 2006 — Regular Meeting
BACKGROUND: The Kalispell Impact Fee Committee met with the City's
consultant, HDRIEES, reviewed its report and recommendations on the police and
fire facilities and examined the methodology utilized and issued its
recommendations to City Council. On October, 30, 2006 the City Council, in a work
session, reviewed these recommendations with the Impact Fee Committee and the
consultant.
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 these three 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. 5160,
state its intention and call for a public hearing.
FISCAL EFFECTS: None at this time.
Respectfully submitted
Charles Harball, City'Attorney
j;es H. Patric ,City Manager
RESOLUTION NO.5160
A RESOLUTION OF INTENT TO ESTABLISH IMPACT FEES FOR CITY OF
KALISPELL POLICE AND FIRE 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, the Kalispell Impact Fee Committee met in noticed public meetings with the City's
consultant, HDR/EES, reviewed its report and recommendations on the police and
fire 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 30th day of October, 2006; 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 impact
fees on users creating an additional demand on police and fire facilities in order to
capture the additional costs attributable to such new development; and
WHEREAS, prior to establishing the impact fees on police and fire facilities, 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 20th day of
November, 2006, at 7:00 o'clock p.m. in the Council Chambers, City
Hall, Kalispell, Montana, to discuss a proposal to establish impact
fees for police and fire facilities 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 to the public
upon request.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE
CITY of KALISPELL, ON THE 6TH DAY of NoVEMBER, 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk