H1. Reso 5838 - ROI - Stormwater Impact FeesCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM:
SUBJECT:
DATE:
Doug Russell, City Manager.
Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
Resolution No 5838 — Resolution of Intent to Adjust Storm
Water Impact Fees and Setting a Public Hearing
August 30, 2017
The Resolution of Intent to adjust the storm water impact fees has been placed on the
City Council Agenda for the September 5, 2017 regular meeting. This matter came
before the City Council for work session following a recommendation by the Kalispell
Impact Fee Committee to approve, as findings of fact, the HDR Engineering study and
report of the City storm water facility and impact fee review. The City Council did study
the matter in work session and requested that it be set for action by Council.
Pursuant to the statutory requirements of MCA 7-6-1601 through 7-6-1604, the Council
must make all evidence to be relied upon in its determination available to the public and
set the matter for public hearing. That hearing, pursuant to MCA 69-7-111 must be set
no earlier than 28 days after the first publication. Therefore, the date of the hearing set
by this resolution of intent is October 16, 2017.
This resolution is limited to advising the public of the Council's intent to act upon the
HDR Engineering study, making the material available to the public and seeking the
public comment at the hearing. Action by the Council shall take place thereafter.
ALTERNATIVES: Amend or reject the resolution.
RESOLUTION NO.5838
A RESOLUTION OF INTENT TO ADJUST IMPACT FEES FOR CITY OF KALISPELL
STORM WATER 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, the City of Kalispell currently imposes storm water impact fees on development
creating an additional demand on its storm water facilities pursuant to its authority
granted under MCA 7-6-1601 through 7-6-1604; and
WHEREAS, the City of Kalispell, pursuant to such statutes, reevaluates its storm water impact
fees from time to time to examine facts that become evident over time and for this
purpose retained the consulting services of HDR Engineering to study such evidence,
draft a report and assist the Kalispell Public Works Department, the Kalispell Impact
Fee Committee and the Kalispell City Council in the task of assessing such facts as
are needed to make a determination on the setting of storm water impact fees; and
WHEREAS, the Kalispell Impact Fee Committee met in noticed public meetings with the City's
consultant, HDR Engineering, reviewed its report and recommendations on the storm
water facilities, examined the methodology utilized and issued its recommendations
to the Kalispell City Council for the adoption of the HDR study dated the 13th day of
April, 2017 as findings of fact for any adjustments made to the storm water impact
fee schedule; and
WHEREAS, it is the intent of the City Council to consider the recommendations of the Kalispell
Impact Fee Committee and its consultant, HDR Engineering, and to possibly adjust
the impact fees charged to new development creating an additional demand on the
Kalispell storm water facilities; and
WHEREAS, prior to establishing the impact fees on storm water systems, the City is required,
pursuant to MCA 69-7-111, 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 16th day of October,
2017, at 7:00 o'clock p.m. in the Council Chambers, City Hall,
Kalispell, Montana, to discuss a proposal to adjust impact fees for the
Kalispell storm water system.
SECTION II. The City Clerk is hereby authorized and directed to make, publish and
distribute notices of said Public Hearing in conformity with MCA 7-1-
4127. 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 5TH DAY OF SEPTEMBER, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
CITY OF KALISPELL
NOTICE OF PROPOSED IMPACT FEE ADJUSTMENT
A proposal to adjust impact fees for the stormwater utility service of the City of Kalispell will
be presented at a Public Hearing, Monday, October 16, 2017, in the Council Chambers of City Hall,
201 1st Avenue East, Kalispell, Montana, at 7:00 P.M.
It is the intent of the City Council to consider the recommendations of the Kalispell Impact
Fee Committee and its consultant, HDR Engineering, and to possibly adjust the impact fees imposed
upon development creating an additional demand on the stormwater facilities.
Any person wishing to address the proposed stormwater impact fees may appear at this
hearing and make oral statements or present same in writing. Written comments may also be
submitted for Council consideration by delivering the same to the City Clerk prior to the hearing or
by email to cityclerk@kalispell.com prior to the hearing. If there are questions that might be
answered by telephone you may call (406) 758-7720.
The fee schedule, data sources and methodology supporting the adoption and calculation of
the impact fees are available on-line at www.kalispell.com or in the office of the City Clerk during
regular business hours.
Dated this 5th day of September, 2017.
Aimee Brunckhorst, CMC
City Clerk
Publish: September 17, 2017
September 24, 2017
October 1, 2017