Full Text
City of Missoula, Montana Item to be Referred to City Council Committee Committee: Budget Committee of the Whole Item: Establish a park district in the City of Missoula Date: June 18, 2010 Prepared by: Marty Rehbein, City Clerk Initiated by: Bruce Bender, CAO Action Required: Review and make recommendations on a proposal to create two City-wide districts for the purpose of funding a portion of the costs to provide public road and park services. Recommended Motion: Set a public hearing on July 12, 2010 on a resolution declaring it to be the intention of the City Council of the city of Missoula, Montana, to create a special district as authorized by Title 7, Chapter 11, Part 10 MCA, more specifically a city-wide road district entitled “City of Missoula Road District Number 1" to establish an annual tax levy and provide for a method of assessments for the purposes of funding and/or financing costs associated with providing services including but not limited to: maintenance, repair, replacement, upkeep, installation, improvement, operational enhancement, construction, reconstruction and/or implementation of measures required to maintain public health and safety or meet legal or regulatory requirements, and/or purchasing, replacing, and/or maintaining equipment, tools or vehicles used to carry out the functions described herein, and/or any other functions and/or labor, supplies and/or materials necessary for management and maintenance of city-owned facilities, lands and equipment under the responsibility and care of the City of Missoula Public Works Department's Street, Engineering, and Vehicle Maintenance Divisions including but not limited to: streets, alleys, driveways, alley approaches, sidewalks, curbs and gutters, medians, boulevards, lighting, parking lots, support facilities, public amenities, storm water facilities, traffic control inclusive of traffic signals, signs, and pavement markings, and other public facilities located in the public right-of-way and/or within public easements; and providing for other matters properly relating thereto. Set a public hearing on July 12, 2010 on a resolution declaring it to be the intention of the city council of the city of Missoula, Montana, to create a special district as authorized by Title 7, Chapter 11, Part 10 MCA, more specifically a city-wide park district entitled “City of Missoula Park District Number to establish an annual tax levy and provide for a method of assessments for the purposes of funding and/or financing costs associated with providing services including but not limited to: maintenance, repair, replacement, upkeep, installation, improvement, operational enhancement, construction, reconstruction and/or implementation of measures required to maintain public health and safety or meet legal or regulatory requirements, and/or purchasing, replacing, and/or maintaining equipment, tools or vehicles used to carry out the functions described herein, and/or any other functions, labor, supplies or materials necessary for management and maintenance of city-owned facilities, lands and equipment under the responsibility and care of the ---PAGE BREAK--- city of Missoula Parks and Recreation Department including but not limited to: public parks and park areas (as described in the Master Parks and Recreation Plan for the Greater Missoula Area), recreation facilities, trails, open space (as defined in the City of Missoula Urban Area Open Space Plan), urban forest, medians, boulevards, pathways, sidewalks, public easements and other facilities located in the city and/or owned by the city; and providing for other matters properly relating thereto. Timeline: Referral to committee: June 18, 2010 Committee discussion: June 23, 2010 Council acts to set first hearing: June 28, 2010 First public hearing: July 12, 2010 Council acts to set second hearing: July 12, 2010 Second public hearing: August 23, 2010 Background and Alternatives Explored: Montana Code Annotated Chapters 7-11 authorizes and outlines the method for the City to create special districts for the purpose of funding parks districts and road districts. DATE ACTION REFERENCE 6/18/2010 Referral memo to Clerk for Road District (RD) and Park District (PD) resolutions 7-11-1007 6/21/2010 Referral appears on Council agenda 6/23/2010 Budget Committee of the Whole review & recommendation BCOW ACTIONS: 1. Recommend scheduling the first public hearing to consider adopting a resolution of intention to create City of Missoula Road District #1 7-11-1007 2. Recommend scheduling the first-public hearing to consider adopting a resolution of intention to create City of Missoula Park District #1 7-11-1007 6/27/2010 Council schedules two public hearings 6/30/2010 First legal ad – resolution of intent notice to create new PD and RD 7-1-4127 7/7/2010 Second legal ad 7-1-4127 7/12/2010 Public hearings at 7:00 p.m. 7-11-1007 Public hearing on park district resolution of intention. 7-11-1007 COUNCIL ACTIONS: 1. Council adopts or denies Road District resolution of intention 7-11-1007 2. Council adopts or denies Park District resolution of intention. 7-11-1007 3. Council schedules public hearing on resolution to create/assess Road District and schedules a public hearing on resolution to create/assess Park District. 7-11-1007 7/16/2010 Legal notice combined mass mailing for PD and RD mailed out 7-11-1007 7/18/2010 First legal ad - creation/assessments for PD and RD 7-11-1007 7/19/2010 Start of 30-day protest period for PD and RD 7-11-1008 ---PAGE BREAK--- DATE ACTION REFERENCE 7/25/2010 Second legal ad 8/18/2010 Official protest period ends 7-11-1008 8/23/2010 Public hearing at 7:00 p.m. Calculate protests for PD and RD (50%) 7-11-1008 Public hearing to create/assess PD 7-11-1007 Public hearing to create/assess RD 7-12-4427 COUNCIL ACTION: 1. Council adopts resolution creating/assessing PD or denies. 7-11-1013 2. Council adopts resolution creating/assessing RD or denies. 7-11-1013 8/24/2010 City clerk delivers copies of the resolutions to County, copy of parks district to Secretary of State, and sends assessment information for both to the Department of Revenue. 7-11-1013 & 7-12-4437 Financial Implications: Potential of $500,000 to defray road and park expenses ($300,000 road and $200,000 park) in FY 2011 and address ongoing park and road district requirements through a perpetual annual tax levy. Each year, a work plan and budget will be developed for each district. They will be presented to the City Council as part of the annual budget process. The work plans will outline the activities proposed to be funded in each district, After giving notice and conducting a public hearing, the council will pass an annual resolution specifying the special district assessment option and levy and assess all the property in the district for the annual cost of the programs and improvements. Attachments: Resolution of intention for the Park District 6-24-2010 public hearing draft Resolution of intention for the Road District 6-24-2010 public hearing draft Resolution of intention for the Park District 6-18-2010 draft Resolution of intention for the Road District 6-18-2010 draft Special District statutes Street Maintenance District statutes