3. Resolution 5062 - Resolution of Intent - Impact Fee CommitteeCity of Kalispell
Charles A. Harball Office of City Attorney
City Attomcy 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@kal ispOl.cv
SUBJECT: Resolution No. 5062 — Establishment of the Impact Fee
Advisory Committee
MEETING DATE: Monday, September 19, 2005 Regular Meeting
BACKGROUND: senate Bill 185 [2005 Montana session Laws 2 ] went into
effect in April and requires local governments to follow certain steps when it
considers or imposes impact fees. one of the requirements is to establish an Impact
Fee Advisory Committee to review and monitor the process of calculating, assessing
and spending impact fees. City Council has expressed in interest in considering the
utilization of impact fees to assist in paying for the increasing costs of storm water.,
transportation, police, fire, and parks services impacted by the demands of growth.
The City currently utilizes system development fees in its water and wastewater
utilities, which now fall under the statutory definition of impact fees. These fees
must now be reviewed and ratified by Council upon the advice and recommendation
of the Impact Fee Advisory Committee.
RECOMMENDATION: That Council consider and pass Resolution 5062 to begin
the process of establishing the Impact Fee Advisory Committee.
FISCAL EFFECTS: Nose at this time.
Respectfully submitted,
� � '� "�Y ✓' - - � ��'-ice a_
Charles ball, Q�y Attorney acmes H. Patrick, City Manager
IREE.SOLU I N NO, 5062
RESOLUTION OF INTENT TO FORM AN IMPACT FEE ADVISORY COMMITTEE
T
PURSUANTT THE STATUTORY REQUIREMENTS THE 2005 MON 1 AAA
SESSION LAWS 2#
WHEREAS, the Montana State Legislature passed Senate Bill 1 20 5 Montana Session Laws
2] which establishes the requirements of the utilization of impact fees by local
overriments; and
WHEREAS, the City of Kalispell currently utilizes system development fees in its grater and
wastewater utilities, which rust now be reviewed and ratified pursuant to the
requirements of the statute; and
WHEREAS, the City of Kalispell should consId r the utilization of impact fees to assist in paying
for the increasing costs of storm water, transportation, police, fire and park services
impacted by the demands of rovth; and
WHEREAS, the City is required, her the terns of Senate Bill 185, to establish and appoint an
Impact Fee Advisory Committee to review and monitor the process of calculating,
assessing, and spending impact fees and to appoint to this c nnnittee at least one
representative of the development community and one certified public accountant.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of
KALISPELL AS FOLLOWS. -
SECTION I. An Impact Fee Advisory Committee shall he 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 sever. (7)
members who are either, property owners, residents, or actively engaged i
business or employment within the Kalispell city limits, appointed t
staggered terms of three years and shall have at least one representative of
the development community and one certified public accountant. Notice of
the formation of the committee shall he published and statements of interest
shall he invited to be submitted to the City Clerk. The Mayor, with ouncil"s
consent, shall appoint the committee at the October 3, 2005 regular council
meeting.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED Y THE MAYOR of THE
CITY OF KALISPELL, THIS 19TH DAY OF SEPTEMBER, 2005.
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Pamela B. Kennedy
.mayor
ATTEST
Theresa White
City Clerk