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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. ---------- - - ---- - - - -- Pamela B. Kennedy .mayor ATTEST Theresa White City Clerk