5. Resolution 5286 - Resolution of Intent & Call for PH - Parks Maintenance DistrictCity of Kalispell
Post Office fox 1997 -Kalispell, Montana 59903-1997 -Telephone (406) 75$-7756
Fax - (406) 758-7754
REPORT To: Mayor Kennedy and Kalispell City Council
FROM: Michael Baker, Director of Parks & Recreation
Jaynes H. Patrick, City Manager
SUBJECT: Resolution of Intent and Call for Public 1-Tearing -- Parks Maintenance
District
MEETING DATE: Monday July 7, 2008 Regular Council Meeting
BACKGROUND: The Kalispell Parks and Recreation Department is the primary provider of
parkland and recreation facilities for City residents. It manages 406.15 acres of parkland.
Combined, this acreage supports an inventory of 31 park sites. The Kalispell system is made up
of a hierarchy of various park types, each offering certain types of recreation and/or open space
opportunities. Each park type serves a primary function, but collectively they meet the needs of
the entire community. This concept has allowed Kalispell to develop an efficient, cost effective,
comprehensive park. system.
The current method of financing parks through the general fund, however, places the system in
competition with other essential City general fund services. This is not the ideal method of
guaranteeing longevity and viability to the parks program. Currently over $600,000 in deferred
maintenance issues have been identified. The likelihood of resolving such a deficit in the
foreseeable future is not likely with such reliance on the sole source revenue of the general fund.
This presents a problem of a continual deterioration of one of the City' s major assets and benefits
to its citizens.
The City of Kalispell recently adopted a Parks Master Plan that identified the weaknesses,
strengths, and needs of the City parks system. In the process of developing the plan an
independent survey was taken of City taxpayers and concluded that City residents found the
current level of parks maintenance "adequate to excellent", with "cleanliness and maintenance"
listed as the top response to specific improvements needed. The survey also revealed that a large
majority of the residents surveyed would support a tax measure to maintain and improve existing
parks, with 85.4% of respondents supporting a financial tax measure between $15 and $50
annually per household.
Earlier this year the City Council was introduced to the Parks Maintenance District concept that
is enabled by state law. Under this financing structure the parks system will be financed through
assessments of properties in the City in much the same fashion as the Urban Forestry District and
the Lighting District. This system of assessment will ensure the financial stability of the parks
system and guarantee that City residents will enjoy and benefit from a well maintained park
system well into the future.
The proposed district would be comprised of all land located within the City limits of Kalispell.
The total assessment is estimated to raise $521,700 to fund parr maintenance activities described
previously.
RECOMMENDATION: City staff recommends that the City Council establish a Parks
Maintenance District for Kalispell. The process is initiated by a resolution of intent to create a
Parks Maintenance District and calling for a public hearing. Individual notices are mailed to
every resident (elector) in the City advising them of this intent and further advising them of their
right and method to protest the creation of the district. If more than fifty percent of the electors
exercise their right to protest, the creation of the district will fail.
FISCAL EFFECTS: The majority of parcels in Kalispell are residential lots averaging
approximately 7,000 square feet. The proposed assessment rate is .0055 of the parcel size in
square feet. A 7,000 sq. ft. lot would therefore be assessed $38.50/year and a 4,000 sq. ft. lot
would be assessed $22.00/year. A maximum cap would be put in place for residential properties
at $150 (27,000 sq ft) and for commercial properties at $500 (90,909 sq ft). The total revenue
from these assessments is estimated to produce $521,700 annually.
Respectfully submitted,
Michael Oaker mes H. Patrick
Director of Parks City Manager
Report Compiled ,Tune 30, 2008
RESOLUTION NO.52SG
A RESOL[JTION OF INTENTION TO CREATE A CITY-WIDE PARKS MAINTENANCE
DISTRICT NO, 1 IN THE CITY OF KALISPELL, MONTANA, TO DIRECT THE
MAILING OF NOTICES AND TO CALL FOR A PUBLIC HEARING.
WHEREAS, pursuant to §7-12-4001 MCA, the City of Kalispell is authorized to establish a Parks
Maintenance District for the purposes of, but not limited to, mowing, irrigation, turf
repair and maintenance, recreation facility and equipment maintenance, tree
trimming, tree replacement, tree removal, garbage removal, general cleaning, and leaf
debris removal; and
WHEREAS, pursuant to §7-12-4001, MCA, the City Council must pass a resolution of intention
before creating any Parks Maintenance District and such resolution of intent must
state the maximum number of mills or the maximum fee that will be assessed for the
district; and
WHEREAS, a Parks Maintenance District authorized by §7-12-4001 MCA must be formed and
operated in the same manner as a special improvement district; and
WHEREAS, a city-wide Parks Maintenance District is desirable to provide the necessary funding
to support the services of the City Parks Department which protects, maintains,
preserves and cares for all of the city owned rights -of -way, public parks and open
space land so as to enhance Kalispell's beauty and environment for the greater benefit
of the community; and
WHEREAS, it appears to be in the best interest of the City of Kalispell and the inhabitants thereof
that the City Council establish a city-wide special maintenance district to be known
as Parks Maintenance District No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That the City Council intends to create Parks Maintenance District No. 1
which will include all property located within the exterior boundaries of the
limits of the City of Kalispell, as currently incorporated, as well as all
properties later annexed thereto.
SECTION 2. The general purposes of the district are, but are not limited to, plowing,
irrigation, turf repair and maintenance, recreation facilities and equipment
maintenance, tree trimming, tree replacement, tree removal, garbage removal,
general cleaning, and leaf debris removal for the city owned rights -of -way,
public parks and open space land.
SECTION 3. Pursuant to §7-12-4162(l), MCA the annual assessment rate for each lot or
parcel in the City of Kalispell shall be .0055 multiplied by the square footage
of the assessed parcel. A 7,000 sq. ft. lot would therefore be assessed
$38.501year and a 4,000 sq. ft. lot would be assessed $22.001year. A
maximum assessment cap shall be placed on residential properties at
$150.001year for 27,000 sq ft, and on commercial properties $500.001 for
90,909 sq ft.
SECTION 4, The City Clerk shall cause notice of this resolution of intent to be published
in accordance with Section 7-1-2121, MCA and to further mail such notice to
each person, firm, or corporation or the agent of the person, firm, or
corporation having real property within the proposed district listed in the
owners name upon the last -completed assessment roll for state, county, and
school district taxes, at the owner's last -known address, upon the same day
that the notice is first published or posted. This notice shall state the general
character of the purpose of the Parks Maintenance District, state the estimated
cost of the district services, describe generally the method by which the costs
of the district services will be assessed, and designate the time when and the
place where the City Council will hear and pass upon all written protests that
may be made against the formation of the Parks Maintenance District.
SECTION 5. That the City Council of the City of Kalispell shall hold a public hearing to
tape evidence in its consideration whether to pass a final resolution creating a
Parks Maintenance District as set forth herein at a meeting to be held on
August 4, 2008 at 7:00 P.M., in the Council Chambers, City Hall, Kalispell,
Montana. written protests shall be accepted until 5:00 p.m. Monday, August
4, 2008. On August 18, 2008 at 7:00 P.M., in the Council Chambers, City
Hall, Kalispell, Montana the City Council shall consider and pass upon all
such written protests and determine whether to create the Parks Maintenance
District No. 1.
SECTION G. The City Clerk is authorized and directed to give notice of the public hearing
in accordance with Section 7-1-2121, MCA.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF K.Aâ–ºLISPELL, THIS 7TH DAY of JULY, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
NOTICE OF PASSAGE BY THE KALISPELL CITY COUNCIL OF ITS RESOLUTION
OF INTENTION TO ESTABLISH A CITY-WIDE PARKS MAINTENANCE DISTRICT
AND NOTICE OF PUBLIC HEARING
Pursuant to §7-12-4001 MCA, the City of Kalispell is authorized to establish a Parks
Maintenance District for the purposes of, but not limited to, mowing, irrigation, turf repair and
maintenance, recreation facility and equipment maintenance, tree trimming, tree replacement,
tree removal, garbage removal, general cleaning, and leaf debris removal. on July 7, 2008, at its
regularly scheduled meeting, the Kalispell City Council passed a "Resolution of Intention to
Create a City-wide Parks Maintenance District No. 1 in the City of Kalispell, Montana, to Direct
the Mailing of Notices and to Call for a Public Hearing." The Council determined that a city-
wide Parks Maintenance District is desirable to provide the necessary funding to support the
services of the City Parks Department which protects, maintains, preserves, and cares for all of
the city owned rights -of -way, public parks, and open space land so as to enhance Kalispell's
beauty and environment for the greater benefit of the community.
Pursuant to §7-12-4162(l), MCA, the annual assessment rate for each lot or parcel in the
City of Kalispell shall be .0055 multiplied by the square footage of the assessed parcel. The
majority of parcels in Kalispell are residential lots averaging approximately 7,000 square feet. A
7,000 sq. ft. lot would therefore be assessed $38.50/year and a 4,000 sq. ft. lot would be assessed
$22.00/year. A maximum assessment cap shall be placed on residential properties at
$150.001year for 27,000 sq. ft and on commercial properties at $500.00/year for 90,909 sq ft. It
is estimated that this assessment for the 2008 -- 2009 fiscal year shall generate $521,700.00.
Pursuant to §7-12-4110 .MCA any owner of property liable to be assessed for the work
may make written protest against the proposed work or against the extent or creation of the
district to be assessed, or both. A protest must be in writing, identify the property in the district
owned by the protestor, and be signed by all the owners of the property. written protests must
be emailed to the City Clerk at twhite2a-;ka1.is ell.com or by regular mail to the office of City
Clerk, P.O. Box 1997, Kalispell, MT 59903. All written notices must be received no later than
5:00 p.m. Friday, August 4, 2008.
On August 4, 2008 at 7:00 P.M., in the Council Chambers, City Hall, 201 First Avenue
East, Kalispell, Montana, the City Council of the City of Kalispell shall hold a public hearing to
take evidence in its consideration whether to pass a final resolution creating a Parks Maintenance
District.
On August 18, 2008 at 7:00 P.M., in the Council Chambers, City Hall, 201 First Avenue
East, Kalispell, Montana the City Council shall consider and pass upon all such written protests
and determine whether to create the Parks Maintenance District No. 1.
Theresa white
City Clerk