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06/05/00 City Council Minutes1613 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 5, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda with the addition of a Proclamation to the Consent Agenda honoring United States Army Week. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting May 15, 2000 2. Approval of Claims per Payables Register-$359,130.51 3. Proclamation -United States Army Week Scarff moved approval of the Consent Agenda. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Clare Hafferman, 1337 3rd Street West, criticized the Parks & Recreation Department for its Senior Citizen walking program. PUBLIC HEARING- URBAN FORESTRY DISTRICT Boharski explained Council will receive comments concerning a proposed Urban Forestry District to plant, protect, preserve and care for public trees in the City. Parks & Recreation Director Mike Baker explained in 1991, a total of 5,149 trees were counted along Kalispell's streets and boulevards with another 2,500 trees identified elsewhere within the City. He said these trees amount to over $20,000,000 in assets to the City. Baker said the proposed urban forestry district will allow the City to properly maintain the current trees, and plant additional trees, at an assessment to the average taxpayer of approximately $10.12 annually. He said a cap of $300 will be placed on those parcels that exceed five acres. Baker stated about $120,000 will be raised through these assessments and will allow the Parks Department to commit to a strict hazard reduction program, a planting program that will see the addition of 75 to 100 new trees each year, and a pruning and disease control program. Boharski opened the public hearing. Kalispell City Council Minutes June 5, 2000 1614 Proponents Chris Moritz, Bigfork Landscape Architect, commended the City for considering an urban forestry district commenting that trees are "green air conditioners". Ben Long, 920 6th Avenue East, said he's a board member of Citizens for a Better Flathead and feels trees are a great investment. Lex Blood, 844 3rd Avenue East, thanked the Council and Parks Director Mike Baker for considering the district and said he'd like even more attention to be paid to the urban areas. Donald Hill, 362 College Avenue, said he's always been impressed with the City' s thoroughfares under the arched trees and would like to see them protected. Peggy Casey, 614 llth Street East, commented she's 100% in favor of the district, but suggested the Council use gambling money to support it. Jennifer Reese, 745 4th Street West, said the suggested assessment of $10.00 to taxpayers is well worth it and suggested more trees be planted on the west side of town. Paula Rosenthal, DNRC State Program Manager for Urban Forestry, stated urban forestry activities are hurting across the State because forest service funding has diminished and grants have been rescinded. She said more and more cities are looking toward urban forestry districts to supplement these funds and added the benefits to the community are well worth the investment. Ted Mead, 1026 1st Avenue East, said he's a professional forester and urged Council's support of the resolution. Mark Lennon, DNRC Western Regional Community Forester, said he works with Bozeman, Great Falls and Helena with their urban forestry districts and all three cities agree the districts allow them to address tree care and tree problems in a more timely and cost effective fashion due to consistent funding. Tracy Mayer, 645 6th Avenue East, urged Council to support the district. Opponents Greg Stevens, 31 Lower Valley Road, said he' s speaking on behalf of elderly friends and relatives who live on fixed incomes. He said this assessment, along with proposed increases in the utility rates, will have a negative impact on their lifestyles. Fred Hammel, 505 7th Avenue West, said the City's never maintained the trees around his house, he's always done it himself. Bill Miles, 1311 7th Street West, stated "my taxes are high enough." He said the Council needs to learn to pay the bills with the current taxes. Don Buckallew, 896 North Meridian, said he's on a fixed income and can't afford an additional tax. Kalispell City Council Minutes June 5, 2000 Page 2 of 8 1615 Sharon Demeester, 415 Chestnut Drive, commented she owns commercial property in the City and has seen a 5.8% increase in her property taxes over the past two years. Larry Barrow, 1220 6th Avenue West, said his taxes have increased four times since he bought his home and asked the Council to work with the money it has. Lori Fisher, 1310 6th Avenue West, said she takes care of her own trees and hasn't seen much maintenance from the City in the past. She said if the Council is determined to create the district, then assess everyone a flat rate. Paul Ulberg, 204 Colomba Lane, said he lives in the Grandview Townhouses and they maintains the trees now without City help. Russell Crowder, Montanans for Property Rights, questioned where the $120,000 raised through assessments will go and stated he's concerned with the precedence this sets. Pat Baker, 1739 Foys Lake Road, said she's continually being taxed for services she doesn't get. She said there aren't any curbs or sidewalks in her area and no place to even plant trees. Lynda Altenburg, 723 2nd Street East, commented she feels taxpayers are paying enough now to maintain the trees. John Altenburg, 723 2nd Street East, stated one of his lots is all asphalt which will never see trees. Ed Marks, 1305 West Idaho Street, said assessment for his property will be around $250.00. He said he doesn't have any City services and planted the only trees he does have. Kit Hunter, 454 1st Avenue East North, stated he loves the trees, but he sees the district as just another bureaucracy. He urged the Council to use the money the City already has. Boharski closed the public hearing. RESOLUTION 4557-RESOLUTION CREATING URBAN FORESTRY DISTRICT NO. 1 Larson moved Resolution 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. The motion was seconded by Van Natta. There was discussion. Haarr stated everyone loves trees, but the urban forestry program should be funded from what's already in the budget. He said the City should set up the district, but fund it out of the General Fund. Leistiko commented Haarr must not have been at the same budget sessions as he was. He said when Baker proposed the district as a way to properly care for the trees, the Council agreed it was a good solution. Leistiko said maybe other ways should be looked at for funding, but he feels establishing the district is worthwhile. Kalispell City Council Minutes June 5, 2000 Page 3 of 8 1616 Atkinson spoke in favor of the Staff, stating they do a wonderful job with the money they have. He said the funds for the district have to come from somewhere, and the departments don't have any extra. Van Natta said this is a difficult decision, but feels the urban forestry program needs to be established. He said Kalispell is growing, additional services are needed, and the City is struggling. Van Natta agreed, however, that the Council needs to continue to look at other funding methods. Larson said the trees are a form of infrastructure and they're just as important as everything else. He said he received several phone calls from people who were willing to pay something, but didn't agree with the assessment as proposed. Larson said he supports the concept of the district and agreed that all funding possibilities should be explored. Counsell said the district establishes a method for the City to maintain the trees better. He said he doesn't want to pay more taxes either, but held really hate for the City to lose a "huge asset that draws people to the area". Larson said maybe the issue should be tabled until other funding options are researched. Leistiko pointed out the resolution simply establishes the district, and the decision on how to fund the program will be made at budget time. Van Natta agreed, stating there may be a way to come up with additional monies during budget deliberations. He said at this time, the Council is simply establishing the district. Kenyon said he'll vote in favor of the resolution because he feels it's a worthwhile project for long term beautification. Scarff spoke against the motion, stating he will be assessed approximately $500.00 a year. He said the issue should be put on the ballot in November. Boharski stated the Council has done a good job on holding the line on spending. He said he constantly questions budget items in the work sessions, including the purchase of new vehicles and a recent increase in salaries. Boharski said the Council needs to continue to hold the line on spending and he will vote against the motion. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko and Van Natta voting in favor, and Haarr, Scarff and Boharski voting against. ORDINANCE 1354 - 2ND READING - ZONING REQUEST FROM GWENN LEE (LEE' S MERIDIAN BUSINESS PARK) FOR B-2, GENERAL BUSINESS Gwenn Lee has requested a B-2 zoning designation for Lee's Meridian Business Park which is located on the west side of Meridian Road at the terminus of West Center Street. Van Natta moved second reading of Ordinance 1354, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance (Ordinance No. 1175), by zoning certain real property described in Exhibit "A" (previously zoned County R-1, Kalispell City Council Minutes June 5, 2000 Page 4 of 8 1617 Suburban Residential) to B-2 (General Business), in accordance with the City -County Master Plan and to provide an effective date. The motion was seconded by Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1355 - 2ND READING - ORDINANCE AMENDING CHAPTER 3 ALCOHOLIC BEVERAGES, KALISPELL MUNICIPAL CODE It's necessary to recodify Chapter 3, Alcoholic Beverages, in the Municipal Codes to conform with State law regarding licensing and enforcement. The recodification is also necessary to incorporate changes made by Council members over the past few years. Scarff moved second reading of Ordinance 1355, an ordinance amending Chapter 3, Alcoholic Beverages, Kalispell Municipal Code by amending R.O. 1947, §§ 774, 785, 789, 895, 897, 898; and Ordinance No's 676 § 1, 813 § 1, 836 § 1, 840 §§ 2,5, 874 § 1, and 917 § 1, and 3; repealing R.O. 1947, §§ 773, 776 and 781 and Ordinance No.'s 840 §§ 4, 6 and 7; 874 § 2, 917 §§ 2, and 4; authorizing the City Attorney to recodify Chapter 3, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. The motion was seconded by Atkinson. There was discussion. Haarr asked Neier if the City can legally restrict alcohol consumption on leased property and whether the City can enforce the condition that requires lessees to provide notice when planning an event with alcohol. Neier said he feels the City does have the authority to prohibit the consumption of alcohol in any City owned building, but if the Council wants to revisit the issue then they can do so. He asked however, that members approve the recodification at this time and go from there. Boharski said the reason for the notice is to make sure the different entities have insurance. He said otherwise, the City is the one with the "deep pocket" if something would happen. The motion carried unanimously upon roll call vote. RESOLUTION 4558 - RESOLUTION OF INTENTION TO ADOPT REJECT OR REVISE THE PROPOSED GROWTH POLICY PLAN AND SET A PUBLIC HEARING In accordance with State law, the Council must pass a "Resolution of Intention" concerning the proposed Growth Policy Plan submitted by the Planning Board. This resolution sets the public hearing date to hear comments on the proposed plan. Kukulski said he has a recommendation for the public hearing date, but would like to know how the Council is planning on handling the July 3rd meeting. Boharski said it's his intention call the meeting to order, not special meeting for July loth. to attend the meeting July 3rd, have a quorum, and then call a Kalispell City Council Minutes June 5, 2000 Page 5 of 8 1618 Kukulski said if that's the case, then he would recommend the Council schedule the public hearing for July loth. Atkinson moved Resolution 4558, a resolution of intention to adopt, revise or reject the recommended Kalispell City -Council Growth Policy and set a public hearing for July loth starting at 7:00 p.m. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4559 - RESOLUTION AUTHORIZING A CDBG GRANT APPLICATION This resolution allows the City to file an application to obtain training dollars for Stream. Haarr moved Resolution 4559, a resolution authorizing an application to the Montana Department of Commerce for a Community Development Block Grant to provide employee training dollars for Stream International Services. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. CONDITIONAL USE PERMIT - FAITH FREE LUTHERAN CHURCH Faith Free Lutheran Church is requesting a conditional use permit for the expansion of its existing church on property located at 405 Liberty Street. Van Natta moved approval of the Conditional Use Permit for Faith Free Lutheran Church with the attached conditions. The motion was seconded by Scarff. There was discussion. Haarr asked if the Church owns the property planned for expansion. Dan Breen, Church Council Member, said the Church does not own the property but has a buy/sell agreement on the property if the Council approves the conditional use permit. The motion carried unanimously upon vote. CONDITIONAL USE PERMIT - NORTHWEST HEALTH CARE CORPORATION Northwest Health Care is requesting a conditional use permit for the expansion and remodel of the Kalispell Regional Hospital. Haarr moved approval of the Conditional Use Permit for Northwest Health Care with the attached conditions. The motion was seconded by Larson. There was discussion. David Greer, NW Health Care Consultant, explained the main hospital south will be extensively renovated and expanded. He said the purpose is to upgrade the hospital and to recognize changing technology and health care trends. Greer said in addition, the proposal calls for the rerouting of Sunnyview Lane to the north to create a campus setting for the hospital. He said there will also Kalispell City Council Minutes June 5, 2000 Page 6 of 8 1619 be a new connection between Sunnyview and Conway on the west side as part of the requirements established by the Planning Board. Atkinson said the hospital is planning to reconstruct a portion of Sunnyview Lane during the rerouting and asked if there's a possibility of an SID to continue the reconstruction to Highway 93. Kukulski said that's the hope, however, the City can't guarantee it will get the concurrence of the required 51% of landowners needed to establish an SID. Public works Director Jim Hansz said he would suggest working with Peccia & Associates to at least get an engineering design for the balance of the road so the City can determine what the costs would be for an SID. Ted ,258 Buffalo Hill Drive, criticized Northwest Health Care for leaving porta potties near his property the last time construction was done and asked that it not happen again. He said he would also like to see landscaping between the hospital and the residential area and stop signs at every exit from the hospital along with right turn lanes into the hospital. The motion carried unanimously upon vote. FLATHEAD REGIONAL DEVELOPMENT OFFICE FISCAL YEAR 2000/2001 ANNUAL WORK PROGRAM The Planning Board has recommended a work program for the Kalispell planning jurisdiction for the next fiscal year and is asking for Council's approval. Van Natta moved approval of the work program as presented. The motion was seconded by Leistiko. There was discussion. Haarr asked if planning staff would look at changing the height limits for construction. Narda Wilson, FRDO, said staff likes to look at different problem areas each year and include them all in one ordinance change. She said she would be happy to look at the height limits. Boharski said he'd also like staff to look at side yard setbacks and how those are administered. He said possibly an administrative variance could be an option for people who want minor changes to the zoning ordinance. The motion carried unanimously upon vote. CITY MANAGER EVALUATION REPORT AND RECOMMENDATION At the last meeting, three Council members were appointed to review the annual evaluations and report to the Council. Larson was appointed Chairman. Larson asked Kukulski if he would like to have the meeting closed. Kukulski waived his right to close the meeting. Atkinson moved adoption of the evaluation. The motion was seconded by Van Natta. Kalispell City Council Minutes June 5, 2000 Page 7 of 8 1620 There was no discussion. The motion carried unanimously upon vote. Atkinson moved adoption of a 3% raise for the City Manager retroactive to May 3rd, 2000, and extend his contract to May 3, 2002. The motion was seconded by Van Natta. There was discussion. The motion carried upon vote with Haarr and Boharski voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski reminded Council that comments on the proposed growth policy plan are due today. Kukulski informed Council he is continuing to work on annexation issues and has a meeting tomorrow with some people from the Village Greens Sewer District. ADJOURN The meeting was adjourned at 11:10 p.m. ATTEST: Theresa White City Clerk Approved June 19, 2000 i WM.E .50harSkI Wm. E. Boharski Mayor 1 Kalispell City Council Minutes June 5, 2000 Page 8 of 8 JEUv10 1 1 1 E CROW S ERVICES 305 Third Avenue Cast P. O. Box 327 IKallspell, INT S9903-0327 (406) 257-8186 - Telephone (406) 257-9S15 - 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 Captial expenditures. -- In short, you are offering a free ride to those extended services. 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, n ✓' M on V. Boulden MAY - 2 2000 1622 CARL 8N C 0 Q P** A 1r[ O & SONS CORPORATF OFFICES • 44 T141RD ST. SOUTH . PO BOX 109 • (1REAT FALLS. MONTANA59403-1609 0 PHONE (406)76` -4b46 May 11, 2000 City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Facsimile: 758-7758 Attention: Michael Baker Director Parks and Recreation M Resolution 4549 (C:hErt%Kuk-Wski ity Manager Thank you for sending the announcement of the Public Hearing; on the Urban Porestry District 0 1 in Kalispell, Montana. Three W's Inc., (75-0919900) would be opposed to this measure as it is circulated. We have approximately 3.75 acres of commercial property, that is already hiss boulevard improvements that we have paid for. From the formula propo5cd of $13.50 per year for 10,000 square feet would 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 trots would he a detriment to our being able to conduct our business on this commercial property. Supporting additional trees in residential areas should be handled by assessing those properties that receive benefit solely! The measure ac proposed is another impediment to established busine„ in Kalispell, and mould be a deterrent for haziness desiring to locate in Kalispell. There are, already, numerous business ventures formerly domiciled in Kalispell, that have moved out of the City limits rn avnid this kind of cost. As a commercial enterprise we are not in favor of this proposed ordinance. Very truly yo `- Jerrold A. Weissman 3-W's Corporation FACSIMILE (406 ) 791 -6731 TOLL FREE 1 - 800 - 334 - 6964 1 1 L _I 1 1 May 10, 2000 City of Italispell Post Office Box 19974, 0 Dear Kalispell Property Owner: Kalispell, Montana 59903-1997Telephone (406) 758-7700 1623 FAX (406) 758-7758 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." �J& We have forgotten that community forests of the west were created, not found and that these forests, just like natural forests, must be renewed if we are to enjoy the benefits they provide.y Trees make a world of difference in Kalispell. Trees have long been recognized for s� 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 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 V 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 Cts�-mnvned rights -of -way, public parks and open space land./f - % ..� 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,,, - concerns please give us a call at 758-7756 r" Sincerely, Michae Baker, Director Parks & Recreation O ONe convenience. If have questiot a f� Chris Kukulski, Kalispell City Manager �I 1624 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 �I�tt�!!� 1 MHY . 14: LbbU 4: 14Pt9 N.O. 8'L 1 F 2 5 May 14, 2000 TO: City of Kalispell FROM Jon Heselwood 795 N. Main Kalispell, NtT 59901 1-406-239-6361 R£: Creation of Urban Forestry District #1 I atn in full support of your attempts to maintain our city trees, and more than willing to pay the associated assessment if, and only if, the assessment be earmarked for the urban forestry program. 'thank you for your time and efforts. 1 (-�- - V� ��' CCC9 1626 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 1 1 1627 May 25, 2000 Chris Kukulshi Kalispell City Manager PO Box 1997 Kalispell, MT 59903-1997 Dear Mr. Kukilshi, 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 a 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. I would like the city to look at alternative ways to accomplish these goals. Sincerely, Charlene Herron 1 1628 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, bosides 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 "4- ��CJ . Bruce Williams 791 Churchill Bay Lake Havasu City, AZ 86406 1 11 2 g AV 12C- ry) 1 1 I 1630 aq , 0t000 kw,\cL,\.5 ti; C-,'%A- ) . boy v�cvl • `d_`C!v `qr 51 q0 -5 B MAY 312000 01- Ck\f- �Av \V\, cz- Y wA kv kAkk- (yt3�O5QIA kA Ow VIN, d O a S v�-cam\� �� �►.. e` p`�. cyv--6 ck v v DIY V \0\ V15.06 �� edr� o�� `a ���5 ► 55�� V."O 5 e43 L` 6 v.,Ak LO vv,, 1�vi,�, ` ��•� L Ott •s`C • \ W . \ � c�\� C, � 1631 F 1632 426 7 h Ave W Kalispell, MT 59901 The Honorable Bill Boharski, Mayor PO Box 1997 Kalispell, MT 59903 Dear Sir: JUN U 12000 BY: -------------------- 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, A�2 R_4'1 Louis B. Gates CC/ Michael Baker Director, Parks & Recreation Chris Kukulski Kalispell City Manager Clarice M. Gates i x� 1 1 1633 JUN 0 21000 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, Director; Parks & Recreation Chris Kukulski Kalispell City Manager 1 1634 RECEIVED J U N - 2 2000 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, CC/ Michael Baker Director, Parks & Recreation Chris Kukulski Kalispell City Manager I 1 1635 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 CC/ Michael Baker Director, Parks & Recreation Chris Kukulski Kalispell City Manager 1 1636 JUN 0 5 2000 ZUl June 4, 2000 To: City Manager, Mayor, and Council This is in response to your letter, dated May 10, 2000, regarding Resolution No. 4549. I am writing this to speak against Resolution No. 4549, as a resident and taxpayer of South Meadows, Kalispell, MT. I believe this could be another waste of taxpayers' "hard earned" money. Any trees that are planted in this area are already at the expense of the residents (there are no sidewalks or curbs, which is fine with me). Taxes in the City are already too high, it seems! Thank you. a12--) Do ores Aadsen 1975 Bluestone Drive Kalispell, MT 59901 1 1 1637 Gary W. Nystul CERTIFIED PUBLIC ACCOUNTANT PO BOX 366 KALISPELL, MONTANA 59903-0366 June 5, 2000 Honorable Mayor and City Council City of Kalispell City Hall Kalispell, Montana Gentlemen: �pJE�GE�FC�7gj� Jl� JUN 0 5 200 I am unable to attend the public hearing on the proposed creation of the street tree maintenance district this evening. This letter is to advise you that I do NOT favor the creation of this district for the following reasons. The announced plan to create the street tree district along with raising water, sewer, ambulance and garbage rates is unacceptable. The city should live within its financial means. Certain rate adjustments may be necessary to maintain profitability in the enterprise funds. However creating new sources of revenue or raising rates when not needed is merely an act of increasing "taxes" to the citizens of Kalispell. Once a special taxing district is created it will remain in perpetuity. While the intentions of the present mayor and council are sincere in a minimal fee, there is no certainty that future elected officials will maintain this view. Once created, it will continue with little oversight. The city apparently has sufficient funds to grant pay raises in excess of the actual increase in the cost of living. The city apparently has funds to add management personnel at experience levels that are not needed. The mayor takes credit for reducing the tax levy a number of years ago so perhaps now is time to add that back. The bottom line is that I believe there are sufficient funds, at present, to properly maintain the street trees. Now is not the time to start a new tax. Thank you for your consideration. Sincerely, Gary W. Nystul 1 1638 Flathead County Board of Commissioners (406) 758-5503 Howard W. Gipe Robert W. Watne Dale W. Williams June 5, 2000 Kalispell City Mayor Wm E. Boharski & Council Members P O Box 1997 Kalispell, MT 59903 Dear Mayor & Council Members: RECEIVED JUN - 6 2000 We are in receipt of your May 10, 2000 notification concerning the establishment of an Urban Forestry District for the City of Kalispell. Because this is a Special Assessment, the lands that Flathead County now owns within the city limits of Kalispell would be subject to the assessment. We have reviewed the formation of the District in regards to one of the properties now owned by Flathead County namely the Flathead County Fairgrounds. The assessment of $13.50 per year on a 10,000 square foot lot if interpolated to the 57 acres encompassed by the Fairgrounds results in an additional fee of $3308.85 to the taxpayers of Flathead County, which includes the residents of the City of Kalispell. This figure does not include Courthouse East, the Justice Center block, or the block immediately south of the Justice Center, which if totaled would be assessed another $1458.00 to the Flathead County taxpayers. We must point out that by and large the planting, protecting, maintaining, and preservation of the existing trees are now done by the private citizen. We believe there is no reason to assume that the citizens would be any less caring in the future. Therefore, we respectively protest the intention to create the Urban Forestry District and urge you to deny passage of Resolution 4549. Sincerely, BOARD OF COMMISSIONERS FLATHEAD COUNTY, MONTANA *E�t� Dale W. Williams District 1 County Board of Commissioners DWW:njw 800 South Main ** Kalispell, Montana 59901 ** Fax (406) 758-5861 1