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1. Resolution 4557 - Resolution Creating Urban Forestry District No 1Agenda - June 5, 2000 AGENDA ITEM D - PUBLIC HEARING ON URBAN FORESTRY DISTRICT City of Kalispell Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 REPORT TO: Honorable Mayor and City Council FROM: Michael Baker, Director of Parks SUBJECT: Urban Forestry District MEETING DATE: June 5, 2000 BACK GROUND: Early in April a proposal for establishing an Urban Forestry maintenance district was presented to Council. The proposed district would encompass all land located within the City limits of Kalispell inclusive of all newly annexed properties. The purpose of the district was to finance the planting, protection, maintenance, preservation and care for trees located along City owned right-of-ways, parks, green belts and public open space land. Upon unanimous direction from the Council, notification was sent to all property owners in the proposed district of the intent of the City to create an Urban Forestry District. Two separate notifications were placed in the local newspaper along with 5,000 notices mailed to individual property owners. The notification was to inform citizens of the pending resolution and the scheduling of the public hearing for June 5, 2000, City Hall 7:00 pm, at which time the public could voice their support or concerns with the District recommendation. During the past month we have logged in approximately thirty (30) phone calls and letters for and against the proposed district. I feel that the establishment of the Urban Forestry District for Kalispell is in the best interest of the citizens. A proactive approach to the care of this valuable asset will ensure the future existence of our community forest for the next generation. Please refer back to the Community Forestry booklet that was handed out at the work session in April for any additional background information. RECOMMENDATION: The City Council approve the attached resolution creating the Urban Forestry District No. 1. FISCAL EFFECTS: Total assessment value of the district is approximately $120,000.00. An estimated 6,000 individual parcels assessed at 0.00135 per square foot with a $300.00 cap on properties exceeding 222,222 square feet. Parcels in this cap category number 27. The average residential City lot of 10,000 sq. ft. will be assessed $13.50 annually,. ALTERNATIVES: As suggested by Council. Respectfully submitted, Michael Baker Director of Parks r Chris Kukulski City Manager Report Compiled June 2, 2000 RESOLUTION NO. 4557 A RESOLUTION RELATING TO URBAN FORESTRY DISTRICT NO. 1, CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COST THEREOF AND INCIDENTAL THERETO BY ASSESSING REAL PROPERTY WITHIN SAID DISTRICT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. PASSAGE OF RESOLUTION OF INTENTION. This Council, on April 17, 2000, adopted Resolution No. 4549 (the "Resolution of Intention"), pursuant to which this Council declared its intention to create an urban forestry district, designated as Urban Forestry District No. 1 of the City, under Title 7, Chapter 12, Parts 41 and 42, as amended for the purpose of financing the cost of planting, protecting, maintaining, preserving and caring for public trees on City owned rights -of -way (the "Improvements") and paying the costs incidental thereto by assessing the entire cost of the Improvement against each parcel of property in the district for that part of whole cost which its accessible area bears to the of all parcels within said District. SECTION II. NOTICE OF PUBLIC HEARING. Notice of passage of the Resolution of Intention was duly published on May 10 and May 17, 2000 and mailed on May 10, 2000, in all respects in accordance with the law, and on June 5, 2000, this Council conducted a public hearing on the creation of said District and the making of said Improvements. The meeting of this Council at which this Resolution was adopted is the first regular meeting of the Council following the expiration of the period ended 15 days after the first date of publication of the notice of passage of Resolution of Intention (the "Protest Period"). SECTION III. PROTESTS Within the Protest Period, -€' protests were filed with the City Clerk and not withdrawn by the owners of property within the District subject to assessment for �% of the cost of the Improvement (§ 7-12-4113, MCA) . SECTION IV. CREATION OF DISTRICT; INSUFFICIENCY OF PROTESTS. The District is hereby created on the terms and conditions set forth in, and otherwise in accordance with, the Resolution of Intention. The protests against the creation of the District are, hereby found to be insufficient. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 5TH OF JUNE, 2000. Wm. E. Boharski Mayor Attest: Theresa White City Clerk RECEIVED S CROW ERVICES 305 Third Avenue Cast P. O. Box 327 Kalispell, WF 59"3-0327 (406) 257-8186 - Telephone (406) 257-9515 - FAX May 1, 2000 City Council City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 RE: Extension of Services Fee Increases Dear Council Members, I am writting to protest the possible increase in fees & extension of services due to the following: Fee Increases 1. Fees are are not Voter approved & are only a method for you to tax without mandate. 2. An increase in Taxes or Fees would not be necessary if you & the previous Council's would. have avoided the Frills of a Museum & other such projects which have drained the City's income, and in the case of the Museum, were undertaken even under a large degree of opposition. 3. 1 am sure that you want to hide the fact that a lower or higher Fire Insurance Rating will only affect the Commercial Properties outside the one mile zone & have no effect at all on Residential insurance costs. Extension of Services 1. Further Extension of Services without Impact Fees, will further increase Taxes & Fees to current tapayers within the City to cover additional Manpower & Capital Equipment that you will want to cover the areas that you extend services to. 2. You have created an unfair business advantage for all of the recent additions to the City, since they have not previously contributed taxes toward Capttal expenditures. In short, you are offering a free ride to those extended services. _...continued MAY - 2 2000 k Page 2 We have seen very few of the "City Services", only the City Taxes and Water Bills for watering the City Trees that have never been pruned in the last five years. Since you spend the larger portion of the Parks Budget on ballfields, you then create another District to tax us, again without Voter approval.. to prune your trees. Thank you for your consideration. Sincerely, M on V. Boulden Y CARL7///Ztd4/jW" & SONS I of [ a a P C J* • r t D CORPORATE OFHCt`$ • 420 T141RD ST. SOUTH e PO BOX 160Q - GREAT FALLS, MONTANA 59403-1609 - PHONE (406) 76' . 4b45 May 11, 2000 City of Kalispell P.Q. Box 1997 Kalispell, MT 59903 Facsimile: 7.59-7758 Attention; Michael Baker Chris Kukulski Director Parks and Recreation Kalispell City Manager Re: Resolution 4549 Thankyou for Mending the announcement of the Public Hearing on the urban Forestry District # 1 in Kalispell, Montana. Three W's Inc., (7.5-0919900) would be opposed to this n-►eassre w it is circulated. We have - approximately 3.75 acres of commercial property, that is already Nis 1�oulevard iniprov=ents that we have paid for. From the formula propci.,;cd of 313.50 per year for 10,OW square feet woulJ work out to about $220.00 per year for our property. We do not see that we would benefit by any additional improvement on the property, indeed additional trams would be a detriment to our being able to conduct our business on this commercial property. Sur porting additional trees in residential areas should be handled by assessing those properties that re-ccive benefit solely! The measure as proposed is another iinpediment to established business~ in Kalispell, and -A ould be a deterrent fOT hwsiness desiring to locate in Kalispell. There arc, already, numerous business ventures f6mierly domiciled in Kalispell, that have moved out of the City limits ro avoid this kind of cost. As a commercial enterprise we are not in favor of the proposed ordinance. Very truly yot �- Jerrold A. Weissman 3-W's Corporation FACSIMILE (406) 791 - 6- 31 TOLL FREE 1 - 800 - 334 - 5964 Jerry Hawley 77 4th Ave W.N. Kalispell, Mt. Dear Mr.Kukulski, I received your letter about the resolution to create an Urban Forest District. It sounds to me like the City Council has al- ready decided on this resolution, like it or not. I just don't re- call anyone asking me if I wanted to pay for it. In this letter I would like to express my concerns with these ideas to "beautify" Kalispell, and If possible to have it read at the public hearing. Twelve years ago I began buying my property and while my taxes have continued to rise, benefits from social security do not. I've watched as new "antique" street lights went up, and sitting benches with flower boxes beautified our down town. But am I the only one who noticed no one sits on the benches? But there they sit, empty, completely useless and costly. Now there is talk of Trees. The last wind storm we had uprooted a Evergreen and it hit my house, on top of causing a 60 footer to lean toward my neighbors and costing me $150 to have it cut down. Since I believe my lot to be less than the 10,000 square foot I gather I will not be forced to pay the $13.50 per year. My point is why should I be forced to pay for things I can't afford nor do I want? These ideas to beautify Kalispell lay a heavy load on those who live on a fixed income and small at that. Doesn't it seem unjust to someone on the City Council that some have to sale their homes because they can't pay their taxes, and usually its the elderly. I don't expect my letter to make a difference in how the City Council spends my money, but at lease someone knows how I feel. Sincerely, Jerry Hawley May 10, 2000 City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7700 • FAX (406) 758-7758 r�'! J/ : Dear Kalispell Property Owner. �, ,C l i / 1�,(' Trees that grow along streets, in parks, cemeteries, school grounds, and green belts and on other public and privately owned lands constitute a "communi , forest." We have forgotten that community forests of the west were created, not found and 0 that these forests, just like natural forests, must be renewed if we are to enjoy the benefits they provide. Trees make a world of difference in Kalispell. Trees have long been recognized for the beauty and value they lend to our homes, neighborhoods, parks, and business areas. At (;(� the same time, those trees conserve energy, help clean air, protect our rivers and streams, and provide a home for wildlife in our community. As stated previously, pioneer settlers and succeeding generations planted our community forest. However, they did not provide for a means of growth and removal. An effective community forestry program is an r ongoing process, a program of planting and care that continues through the years. The enclosed resolution outlines a means of planning and preparation to provide longevity, renewal, and growth to Kalispell's community forestry program. The Kalispell City Council intends to create an Urban Forestry District which will include all the property located within the exterior boundaries of the City of Kalispell. The general purpose of the district is to plant, protect, maintain, preserve, and care for public trees °�- located on Ci�T..,wned rights -of --way, public parks and open space- �-,7 The estimated annual cost of the district is $120,000.00. A 10,000 square foot lol will be assessed $13.50 per year. Your input is important, on June 5 a public hearing h schedule for you to express your views. It will start at 7:00 p.m., Council Chambers. Please review the enclosed Resolution at convenience. If you have questions or concerns please give us a call at 758-7756 (" Sincerely, �4 Michae Baker, Director Parks & Recreation N�yD3cd5� ",o - Chris Kukulski, Kalispell City Manager � 2•ut7 RECEIVED MAY 15 2000 11 May 2000 Mayor William Boharski City of Kalispell P.O. Box 1997 Kalispell, Montana 59903-1997 Dear Mayor Boharski: As a property owner in the City of Kalispell, i congratulate Mr. Baker and staff, you and the City Council for having the vision to enhance and protect the tree program in the city. In addition to the environmental benefits and aesthetics, the trees have a way of reducing the stress so prevalent in our daily lives these days. Please record my wholehearted support for the proposed Urban Forestry District No. 1 (Resolution No. 4549). Your truly, William L. Breen 335 Mountain Meadow Road Kalispell, Mt. 59901-8407 1 f2G c��y G`G 4�ixrt�. tg ti:<Y�� May 25, 2000 Chris Kukulshi Kalispell City Manager PO Box 1997 Kalispell, MT 59903.1997 Dear Mr. Kukilshi, MAY 3 0u I'm writing in response to a recent letter to property owners about the creation of a city urban forest district. 1 have property at 1223 Wh Ave West and pay taxes for my fathers property at 422 Parkway Drive. Many of us on the west side of the city do not have boulevards, sidewalks, adequate storm drainage or "city" trees. 1 am strongly opposed to the plan outlined in the letter and would encourage the city to look at alternative options. Perhaps? • Co-opted funds and staff with county parks and recreation • Support of non-profit employment programs that could contract this work • Private contracted services on an as needed basis • Shared governance with private homeowners • Urban renewal grant or foundation funding 1 support the philosophy behind the plan and would like to have our community be beautiful and ecologically healthy. 1 would like the city to look at alternative ways to accomplish these goals. Sincerely, Charlene Herron RECEIVED MAY 3 0 2000 May 24, 2000 Mayor and City Councilmembers City of Kalispell P.O. Box 1997 Kalispell, MO 59903-1997 RE: Urban Forestry District #1 Dear Mayor Bill Boharski: Although I no longer live in Kalispell, I still own real estate that would be assessed as part of the proposed Urban Forestry District #1. This letter is submitted in protest of the proposed district. I am not opposed to the city spending its resources on the community trees, parks, and playgrounds. However, I do believe that a more appropriate approach is to ask the voters at the polls for the additional money needed for this purpose, as well as any other financial needs the organization may have. Creating a special taxing district encompassing the entire community, it appears to me, would be difficult to show equitable resident benefit. If I were to be assessed, I would like to know what specific benefit accrues to me and my neighbors, besides paying for some one else's trees. A general property tax for this purpose does not have to meet this same test; it simply needs voter approval. Thank you for taking the time to listen to my concerns. Sincerely, 4 AA Bruce Williams 791 Churchill Bay Lake Havasu City, AZ 86406 I -<—A -� ) d,-t , aoo(-) m(�; Ll"Euv ml C ,ham � 5 ,� ,�\ g �: MAY 3120M UVA) tAC3v`cnf�S' BY: -------------------I CIO - ��v �_LA, kk\ C, k V\ ��h�� v kAA.� �� \n Q-JP- �n... 1 w n Zook .� �'��. wc, S c �n v�.�rc e..�- �� ►�,� `C�� C..a. �175 0 5 c� eer 2civ- �1r-�v�-S \c�, ��5 p•�,�i c1 1`t5.0c� ��.�r edrv� 4u,.r �S ► s5�-sL d � cwd k c11t S'ti lit. oV\, w '0,-2v-Lo� CN L o vv,., 1� \d � j �c �- �. L� l w A \ -kC `-Q- kkN-0-2, r- vim, e lIn O �. Vz do ;� (Z\\ pv� �jv`� C►LS� 4`'` S� Y�v.�kS� m� m=m 426 7' Ave W JUN U 12000 Kalispell, MT 59901 BY .................... The Honorable Bill Boharski, Mayor PO Box 1997 Kalispell, MT 59903 Dear Sir: In reference to Resolution 4549, the intention to create an Urban Forestry District. I, a taxpaying citizen of Kalispell, object strenuously to the city imposing another tax. Tax by any other name is still a burden on we residents. And now the City Manager is proposing an increase in the fees (another euphemism for tax) for sewer and water in the proposed budget. One of the features that attracted us to Kalispell was the beautiful, shaded streets. And they have been that way for nearly a century without the need of an Urban Forestry District. As the Director of Parks and Recreation and the City Manager stated in their letter, the care and maintenance of the communal trees is an ongoing process, which the Parks and Recreation Department has been doing very well. There is no need to add more bureaucracy to the ones already in place. It would seem the only purpose of the proposal is twofold. To increase the empire of the Parks and Recreation Director and to add a line to the City Manager's resume for his next job. Sincerely, Louis B. Gates CC/ Michael Baker Director, Parks & Recreation Chris Kukulski Kalispell City Manager Clarice M. Gates Egmz JUN 0 2 2000 BY:-------------------- The Honorable Bill Boharski, Mayor PO Box 1997 Kalispell, MT 59903 Dear Sir: I am opposed to Resolution 4549, the intention to create an Urban Forestry District. We taxpaying citizens of Kalispell, object to the city imposing another tax. Whether you it a fee or not it is still a burden on the low-income elderly and young struggling families. Besides this proposed unnecessary resolution the City Manager is proposing an increase in the fees (an euphism for tax) for sewer and water in the proposed budget. One of the features that attracted us to Kalispell was the beautiful, shaded streets. And they have been that way for nearly a century without the need of an Urban Forestry District. As the Director of Parks and Recreation and the City Manager stated in their letter, the care and maintenance of the communal trees is an ongoing process, which the Parks and Recreation Department has been doing very well. There is no need to add more bureaucracy to the ones already in place. This resolution seems to be in direct opposition of the city's policy when the downtown businesses attempted to add beautification by placing flower boxes on the sidewalks. Sincerely, C ichael 'Baker Director, Parks & Recreation Chris Kukulski Kalispell City Manager