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12. Ordinance 1610 - Street Tree Commission Residency Requirements - 1st ReadingCity 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 FRONT: Mike Baker, Director, Parks and Recreation James H. Patrick, City Manager SUBJECT: ordinance No. 1610 MEETING BATE: May 21, 2007 BACKGROUND: In November of 1986, ordinance No. 1086 was 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. 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" RECOMMENDATION: Recommendation to Council to adopt ordinance broadening membership area from residents of Kalispell to residents within the Kalispell Growth Policy area. The Parks Department feels it would be appropriate to expand the membership area as the Comprehensive Parks and Recreation draft plan recognizes outlying areas and parks as important to the future of our parks and green space system, which includes the city's ever expanding urban forest. FISCAL EFFECTS: NIA Respectively submitted, Mike Baker Director, Parks and Recreation G mes H. Patrick City Manager ORDINANCE NO.1610 AN ORDINANCE AMENDING ORDINANCE 1086 REGARDING THE COMPOSITION OF THE KALISPELL STREET TREE COMMISSION AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, 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 W 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 make 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 21 ST DAY of MAY., 0 Pamela B. Kennedy Mayor ATTEST: Theresa white City Clerk