1. Soil Conservation District AssessmentsCharles A. Harball Office of City Attorney
City Attorney 201 First Avenue Bast
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM** Charles Harb all, City Attorney
James H. Patrick, City Manager
Tel 406.758.7977
Fax 406.758.7979
charball @kalispell.com
SUBJECT: Flathead Conservation District -- Addressing Past
Assessment Errors within the City
MEETING DA.'T`E: Monday, June 23, 2008 -- Council work session
BA.CKGROUND: In. 1947 the Flathead Conservation District[FCD]was formed
with the area of the City of Kalispell opting out of the District. The purpose of the
District is to provide services related to the best practices management and
conservation of soils and waterways. Funded by assessments, the district provides
community educational programs and oversees and permits streambed crossings
and other uses in and around waterways.
It was recently discovered that over the years the County Assessors office has
mistakenly removed FCD assessments from properties as they were annexed into
the City. These properties, although annexed to the City, were never formally opted
out of the District and should therefore have been paying assessments.
FCD is not now seeking past due assessments, but rather wishes to put the
assessments back on track. It is asking the City to consider two possible solutions.
The first is to invite Kalispell to opt back into the district and have all properties
within the City pay assessments and receive the services of FCD. The second
solution is to identify all those properties annexed since 1947 and code there so that
they might begin paying the required assessments. The third solution which FCD
is not now considering is to seek back payment of assessments.
The current roil of FCD is 1.82. This generates $13.99 annually from. a
$250,000 home on a $100,000 lot.
Flathead Conservation District Memo
June 18, 2008
Page - 2
RECoNEVIEENDATION: That Council consider the request of F'CD and to discuss
with staff the services provided by FCD as compared to the services provided by the
City's Public Works Department.
Respectfully submit d,
CharlesUIRarball, City Attorney
James H. Patrick, City Manager
Office of City Attorney
City of Kalispell
DATE: June 171, 2008
TO: Kalispell City Council
201 1" Avenue East
Kalispell, NET 59901
:Dear Council Members,
Flathead Conservation District staff recently discovered that a significant amount of our mil levy,
which funds our agency, has been mistakenly removed from the tax rolls for a significant period
of time. Conservation Districts, statewide, tax all the unincorporated areas of a county. when the
CD formed in 19471, Kalispell opted out of the district and was therefore not taxed. Those
boundaries, created in 1947, were the only area not to be taxed. Anything annexed subsequent to
that time was to remain taxable to the CD even though it was now part of the city. Essentially,
every annexation that has occurred since the late 1940's to present were mistakenly removed
from our taxing authority.
The FCD has no desire to try and recapture back -taxes, but we need to correct the problem
moving into the future. After consulting with the FCD board, county attorney, the city attorney,
city staff and the county commissioners we really have two options:
l . Invite Kalispell to join the FCD. This would solve the tax problem immediately.
Kalispell would then have a voting supervisor on our board.
2. Identify as best possible, annexed areas around the old city limits and change the taking
code lot by lot.
The mil the FCD operates under is 1.82. That translates into a $250,000 home on a $100,000 lot
into $13.99 per year in additional taxes.
The FCD looks forward to resolving this issue with the city of Kalispell. we invite you to visit
our website to find out more about our agency and what we can offer the city of Kalispell; and
please give our office a call if you have any questions.
Since ely,
Larry Van Rinsum, Resource Conservationist
Flathead Conservation District
`I e-rle Z
i;e e;,- Flathead Conservation District
133 Interstate Lane, Kalispell, MT 59901
PFione: 406-7�2-4220 FaX: 406-752-4077
Wed site: wwzrl=�cztheacfcdoW
DATE: June 18, 2008
TO*- Kalispell City Council
201 1"Avenue East
Kalispell, MT 59901
Dear Council Members,
The following document outlines the programs and activities the Flathead
Conservation District provides the citizens of Flathead County. It is worth noting that
everything the FCD does is accomplished at no charge to the landowner, school or
organization we interact with while performing our duties.
Regulatory Responsibilities of the Flathead Conservation District
1. Implementation and enforcement of the Natural Streambed and Land Preservation
Act. This law pertains to any work being done on the bed or banks of a perennial
flowing stream on private property in Montana. Currently, the FCD has
jurisdiction throughout the entire county with the exception of the 1947 city limits
of Kalispell and Columbia Falls. The FCD presently works with Kalispell city
staff on 310 projects in the annexed areas around Kalispell. The county and city
were poised to sign an MOU turning jurisdiction of regulated projects over to the
FCD, but it was not developed once the tax disparity was found.
2. The FCD works on a continual basis with other regulatory agencies such as the
US Army Corp of Engineers, EPA, DEQ, FwP, USFwS, county 1 city floodplain
offices and the DNRC to coordinate and streamline the permitting and regulatory
process.
Natural Resources
1. The FCD has been working with DEQ I EPA to implement the TMDL program in
Flathead County through the 319 grant program for over 12 years. The FCD has
sponsored over a dozen different grants ranging from stream assessment to
restoration projects. The FCD is adept at grant writing, administration and
leveraging federal funds into other grant programs.
2. The FCD has also worked as leaders in the watershed planning arena. We have
been directly responsible or have assisted in nearly every valley effort for the last
15 years.
3. FCD staff and board members routinely consult with private landowners to
address natural resource related issues on private property. If the FCD cannot
solve the problem, we know what other resources are available to get the job
done.
4. The FCD provides landowner assistance grants for stream restoration projects.
5. Conservation District board members also have seats on the Flathead City/
County Planning Board, whitefish Planning Board and the Flathead Basin
Commission.
6. The FCD actively works with the weed department by funding an elderly / low
income assistance fund for the county to spray their weeds at little or no cost.
Eliminating noxious weeds is a high priority with the conservation district.
Flathead Conservation District Educational Programs / Assistance
1. Small landowner workshops (long version) —can be tailored to a community or
specific issue. Specialists in each discipline can educate and empower landowners
to better manage their property. Classes and curriculum are developed and
implemented over a 6 week period.
2. Small landowner workshops (short version) -same as above but done in a one day
workshop.
3. Living by water event — this is similar to the short version workshop, but the
curriculum is already developed and "canned" for water quality issues and
impacts.
4. Rolling Rivers trailer presentations — the trailer is a self-contained stream table
that is used to demonstrate how streams work and how/why things can go right or
wrong depending on how the stream is manipulated.
5. Classroom workshops — FCD and DNRC work with middle school and high
school educators in a variety of capacities to educate kids about water quality and
riparian zones.
6. Project Freeflow - Chris Ruffato with Whitefish HS has been doing this program
for several years in the science department. Students monitor streams for water
and habitat quality over several years and interpret the results into reports.
7. Tours and field trips — FCD and DNRC staff lead students or groups of adults to
areas where restoration efforts have taken place and contrast them with areas that
need work.
8. FCD, DNRC and DEQ can provide technical education at regular meetings if the
group has an issue or problem they need help understanding.
9. The FCD maintains an assortment of educational books, brochures, magazines,
videos that are relevant to good stewardship and management.
10. The FCD offers up to S scholarships per year to area high schools for students
majoring in a natural resource arena.
11. The FCD is a principal sponsor and presenter at the annual Family Forestry Expo.
12. The FCD is a member and active participant of the Flathead Community of
Resource Educators.
13. Science grants are available to all area schools for natural resource related
supplies and equipment.
Please feel free to contact our office if you have any questions related to the
programs or services we offer to the community.
Sincerely,
Larry Van Rinsum
Resource Conservationist
Flathead Conservation District