09. Resolution 5012 - Engineering Services - 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: 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
charbail@kalispell.com
SUBJECT: Resolution 5012 — Engineering Services for Impact Fee
Study and Implementation
MEETING DATE: Monday, May 16, 2005 — Regular Council Meeting
BACKGROUND: City Council discussed the status of the new Impact Fee
legislation at its work session on May 9, 2005. Direction was given to staff to
proceed with drafting a scope of work to provide to engineering consultants that
may be retained to assist the City in planning, drafting and implementing the
impact fee structure as required by the new legislation. Staff will negotiate a
contract with the consultants and come to Council for any necessary budget
approval.
RECOMMENDATION: That City Council pass Resolution 5011 authorizing the
study of City facilities needs and to determine the appropriate methodology for the
determination of impact fees as well as a plan for paying for deferred capital
investment.
FISCAL EFFECTS: The professional engineering consultants that were retained
to assist the City in developing its system development charges for wastewater,
storm water, and water ultimately charged a fee of about $80,000. It is anticipated
that the fee for updating storm water SDCs and developing impact fees for
transportation and public safety facilities may also fall within this range.
Respectfully submitted,
Chap es farball, City Attorney Jh�mes H. Patrick, City Manager
RESOLUTION NO.5012
A RESOLUTION TO AUTHORIZE THE ENGAGEMENT OF A PROFESSIONAL
ENGINEERING FIRM TO PROVIDE CONSULTATION SERVICES FOR THE
IMPLEMENTATION OF IMPACT FEES PURSUANT TO 2005 MONTANA SESSION
LAWS 299.
WHEREAS, on April 19, 2005 Montana Session Laws 299 became effective, authorizing the use
of impact fees and requiring local governments to comply in all respects to the terms
and requirements of the law; and
WHEREAS, the City of Kalispell is experiencing unprecedented growth that is placing strains on
such municipal facilities as transportation and public safety. It is the finding of City
Council that it is appropriate that a charge be placed upon new development in the
City to pay a reasonable fee for the additional capacity for municipal services that
reasonably relates to the service demands and needs of the new development; and
WHEREAS, the current system development costs implemented by the City for municipal
wastewater and water facilities are impact fees authorized under MCA Title 7 for
municipal sewer and water systems and were designed with the assistance of
engineering consultants to identify and formulate the fees to assess new development
to pay for its additional service capacity for wastewater and water services; and
WHEREAS, the City must develop the necessary background information prior to developing and
imposing impact fees by engaging a professional engineering firm to advance the
study of the current municipal facilities, identifying the level of service standards,
forecasting additional service needs and capital improvement needs, distinguishing
the capital improvement needs of continuing maintenance and operations and the
needs of new developments, determining service areas, and establishing the
methodology the City should use to distinguish such fees and otherwise comply with
the requirements of the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Of
KALISPELL AS FOLLOWS:
SECTION I. The City Manager is authorized to take the necessary steps to immediately
engage a professional engineering firm to assist the City of Kalispell in
studying its facilities and advise the City Council about an appropriate and
legal impact fee system that may be implemented by the City.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 16" DAY OF MAY 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk