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12. Resolution 5147 - Resolution of Intent & Call for Public Hearing - Impact Fees for Water, Sewer and Stormwater FacilitiesCity of Kalispell Charles A. Harb ll 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 FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758,7708 Fax 406.758.7771 charball@kalispell.com SUBJECT: Resolution No. 5147 — Resolution. of Intent and Call for Public Hearing on Impact Fees for Water, Wastewater and Stormwater Facilities MEETING DATE: Tuesday, September 5, 2006 Regular Meeting BACKGROUND: Montana State legislation regulating impact fees to fund capital imovemen s, MCA 7-6-1601 through 7-6-1604, became effective .April 19, 2005 and requires all general powers local governments, including the City of Kalispell, o bring any i_mpact fees that it I'm uses into compliance with the above reference statutes prior to October 1, 2006. The City of Kalispell currently imposes impact fees (System Development Charges) on users creating an additional demand on its water facilities to capture the water system development costs attributable to such new development. In addition., the facility studies have been completed on the stormwater system and the consultant, H R EES, has completed its studies for appropriate impact fees for this service. The Kalispell linapact Fee Committee met with the Ci y's consultant, H R ES, reviewed its report and recommendations on the water,, wastewater and s orm a ear facilities and examined the methodology utilized and issued its recommendations to City Council dated the 28th day of September, Zoo . On August 28, 2006 the City Council reviewed these recommendations with the Impact Fee Committee and the consultant. This resolution states the Co .ci.l'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 ec mme c ti.s. Resolution No. 5147 Call for a Public Hearing August 30, 2006 'age -- Because of the special notice requirements under state law for u l ty Fees, the public hearing cannot be scheduled until the regular meeting of October 2, 2006, At that time, Council will determine whenmake its determination. RECOMMENDATION: That City Council consider and pass Re -solution No. 5147, state its intention and call for a public hearing. FISCAL EFFECTS: None at this time. Respectfully submitted, C Charles Ha.'all, City Attorney i............. M' � s H. Patrick, City Manager Office of City Attorney City of Kalispell 'RE SOLUTION No, 5147 A RESOLUTION of INTENT To ESTABLISH IMPACT FEES FOR CITY of KALISPELL WATER, WASTEWATER AND ST RWA.TER. SERVICES PU-RSUANT To MCA 7-6-1 I 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 '-- 6-1601 through. - 6-1604, became effective April 19, 2005 and requires all general powers local govemments, including the City of Kalispell, to bring any impact fees that it imposes into compliance with the above reference statutes prior to October 1, Zoo; and WHEREAS, the City of Kalispell currently imposes impact fees (System. Development Charges) on users creating an additional demand on its water and wastewater facilities to capture the water and wastewater system development costs attributable to such new development; and WHEREAS, on May 16, 2005, the City Council passed Resolution Not 501.E authorizing the engagement of a professional engineering firm to consult with and advise the City i the process of developing its impact fees and the firm of HDR/EES was thereafter retained. for this purpose; and WHEREAS, AS, on September 1 , 2005, the City Council passed Resolution No. 5062 establishing an Impact Fee Committee pursuant to the requirements ents 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. - 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, H R/EES, reviewed its report and recommendations on the water, wastewater and stonnwater Facilities and examined the methodology odolo utilized and issued its recommendations for the adoption of an impact fee schedule along with the data. sources and methodology .odology supporting adoption and calculation of the impact fees to City Council dated the 2 th day of August, 20 ; and WHEREAS, it is the intent of the City Council to consider the recommendations of the Kalispell Impact Fee Committee and its consultant, HDR/EE S, and to possibly impose impact fees on users creating are additional demand on the water, wastewater and storn .water facilities in order to capture the water,, wastewater and storn water system development costs attributable le to such new development; and WHEREAS, prior to establishing the impact fees on water, wastewater and storn water systems, the City is required, pursuant to MCA 9- 7.111, to hold a. public lie ea 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 KA ISPEL , AS FOLLOWS. SECTION 1. That there is hereby set a Public Hearing on the 2nd day of October, 2006, at :00 o"clock p.m. in the Council Chambers, City Hall, Kalispell, Montana, to discuss a proposal to establish impact fees for rater, wastewater,, and stormwater systems as recommended by the Kalispell Impact Fee Committee. SECTION 11, The City Clerk is hereby authorized and directed to rake, publish and distribute notices of said Public Hearing in conformity mrith Section - - 1I, MCA. 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 COUNCEL AND S GNT D BY THE MAYOR OF THE CITY of KAISPELL, ON THE 5 H DAY of SEPTEM 2006. Pamela B. Kennedy Mayor ATTEST: ._................... . .......... ....... . Theresa White City Clerk.