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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