5. Ordinance 1610 - Street Tree Commission Residency Requirements - 2nd ReadingCity of Kalispell
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REPORT TO: Honorable Mayor and city Council
FROM: Mike Baker, Director, Parks and Recreation
James H. Patrick, City Manager
SUBJECT. ordinance No. 1610 2nd Reading
MEETING DATE: June 4, 2007
BACKGROUND: In November of 1986, ordinance No. 1086 was established and
passed regulating the planting, maintenance and removal of public trees, establishing a
Shade Tree Commission, and authorizing the Director of Parks and Recreation to
regulate public trees.
At this time it is prudent to update the ordinance with some basic language
"housekeeping" revisions, address sizing and spacing requirements, address developer
tree planting requirements and to broaden the shade Tree Commission residency
requirement.
Currently Chapter III — Establishment of a Shade Tree commission only allows
residents of the city of Kalispell to be members. It has been our experience the last
few years that this requirement seems to severely limit citizen participation and is
resulting in a flagging commission generally consisting of 2 to 3 members. The
commission has gotten interest from citizens who would be willing to be members;
however are not residents of the City of Kalispell. It should be noted that the
Commission is a mandatory requirement of the Tree City USA certification — a
certification that the City of Kalispell has been awarded for the past 20 years.
Additionally, terms have been changed slightly to further appeal to citizens. We are
proposing a change from "citizen's of the city of Kalispell" to "citizens residing within the
City of Kalispell Growth Policy area
Chapter IV- Species, Cultivars or Varieties has been revised to accurately reflect
changes in tree sizes, spacing and acceptable species selection and include language
addressing the developer's tree planting requirements.
Lastly, the majority of the revisions to the ordinance are again basic language changes
such as: "Shade Tree Commission" to a more appropriate "street Tree Committee",
changing the term of "public trees" to trees in the "public right-of-way", and providing a
public right---of-way definition. Additionally chapters have been renumbered where
necessary.
RECOMMENDATION: council adopts ordinance 1610 on second reading with
proposed revisions, including broadening membership area from residents of Kalispell
to residents within the Kalispell Growth Policy area.
FISCAL EFFECTS: NIA
ALTERNATIVES: None at this time.
Respectively submitted,
Mike Baker,
Director, Parks and Recreation
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mes H . Patrick
City Manager
ORDINANCE N0.1610
AN ORDINANCE AMENDING ORDINANCE 1086 REGARDING THE COMPOSITION
OF THE KALISPELL STREET TREE COMMISSION AND DECLARING AN
EFFECTIVE HATE.
BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF KALIS TELL, MONTANA,
AS FOLLOWS:
SECTION 1 ordinance 1086, referred to as the City of Kalispell Tree ordinance shall
be and is amended at Chapter 3 to read as follows:
CHAPTER III - Establishment of a Street Tree Committee
3.01. Street Tree Committee
There shall be created a Committee to be known and designated as "Street
Tree Committee composed of seven (7) citizens residing within the City of
Kalispell Growth Policy area. Six (6) of said members shall be appointed by the
Mayor with approval of the Council. The seventh member shall be the Director
of Parks and Recreation.
All members of the Committee shall serve without pay. The six members
appointed by the Mayor shall be appointed as follows:
Three (3) for two (2) years and two (2) for two (2) years and serve until their
successors are duly appointed and approved by the Council.
Successors to those members appointed by the Mayor shall thereafter be
appointed for terms of two (2) years. Vacancies caused by death, resignations, or
otherwise, shall be filled for the unexpired term in the same manner as original
appointments are made.
§3.02. Duties of Said "Street Tree Committee".
To study the problems and determine the needs of the City of Kalispell, in
connection with its tree planting and maintenance program.
To assist the properly constituted officials of the City of Kalispell, as well as
the Council and Citizens of the City in the dissemination of news and information
regarding the selection, planting and maintenance of trees within the city limits,
whether the same be on private or public property, and to male such
recommendations from time to time to the City Council, as to desirable legislation
concerning the tree program and activities tot the City. To provide regular and
special meetings at which the subject of trees insofar as it relates to the City may
be discussed by the members of the Committee, officers and personnel of the City
and its several divisions, and all others interested in the tree program.
§3.03.
That within a reasonable time after the appointment of said Committee
and the approval of the members thereof, upon call of the Mayor, said Committee
shall meet and organize by the election of a chairman and the appointment of the
Director of Parks & Recreation secretary.
The said Committee shall then provide for the adoption of rules and
procedures and for the holding of regular and special meetings as said Committee
shall deem advisable and necessary in order to perform the duties set forth.
SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 4TH DAY of JUNE, 0070
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk