Archive for Thursday, February 12, 2009

Edwardsville council hears presentation on Tree City USA

By Nicole Kelley

February 12, 2009

Maintaining a city’s crop of trees is a large undertaking, but with the help of the Tree City USA program, Edwardsville may be able to do more than before.

At the request of council member Chuck Adams, the City Council got a presentation Monday night from Kim Bomberger, community forester for the North Central and Northeast districts of the Kansas Forest Service, about exactly what becoming a Tree City USA means.

“How will developers and builders know how to properly plant trees and establish trees if they’re not trained?” Bomberger asked council members. “What we hope to do with the program is create a healthy community, and with the forestry program we’re going to be able to do a lot more of the right things.”

With a program such as Tree City USA, Bomberger said a community could improve air and water quality, reduce erosion, increase property values, conserve energy, lower utility bills and add an improved perception of the community to new visitors as well as residents.

The four criteria to becoming a Tree City USA community, she said, are to establish a tree board or department responsible for tree upkeep, pass an ordinance describing rules regarding tree planting, budget and invest at least $2 per capita into the upkeep and issue an annual proclamation recognizing Arbor Day.

While many smaller communities tend to be reluctant of the $2 per capita pledge, she said that all cities already spent money on trees no matter what, and most are surprised how quickly they reach that quota.

The council took no action on the issue, but plans to discuss joining the program at a later date.

In other business , the council:

• Approved, 5-0, minutes from the Jan. 26 meeting; payment of bills totaling $152,600.12, a cereal malt beverage license for MS Petroleum, 10421 Kaw Drive; a work session for 6 p.m. Feb. 23, to discuss handling finances of the cemetery board.

• Met in executive session for 35 minutes to discuss litigation.

• Heard a report from City Administrator Michael Webb about changes to rules at the Edwardsville Community Center. From now on, the resident who signs the contract must be present at the site at all times of the event. The cost for residents to rent the space stayed the same at $250, but the cost for non-residents went up from $450 to $500.

• Heard a report from Webb about establishing a Neighborhood Revitalization Act.

Comments

  1. sldavidsonfarms (anonymous) says…

    April 17, 1996
    attorney general opinion no. 96-38
    Kevin Hill
    Brown County Attorney
    Courthouse, 601 Oregon Street
    Hiawatha, Kansas 66434-2283
    Re:

    Cities and Municipalities--Buildings, Structures and Grounds--Neighborhood Revitalization Act; Designation of Entire County; Impact of Repeal of Act; Sale of Impacted Property; Constitutionality of Act
    Synopsis:

    The neighborhood revitalization act authorizes a municipality to designate only one or more areas for revitalization and not the entire municipality. Additionally, the act allows rebates only to the taxpayer who made the improvements . Cited herein: K.S.A. 1995 Supp. 12-1770; 12-17,114; 12-17,115; 12-17,116; 12-17,117; 12-17,118; 77-201.
    The neighborhood revitalization act, K.S.A. 1995 Supp. 12-17,114 et seq. (act) which is designed to improve blighted areas {Blighted Area Section of a city in which a majority of the structures are dilapidated.} in municipalities by encouraging property owners to improve their properties through the use of property tax rebates. The act authorizes a municipality to designate an area as a neighborhood revitalization area and then develop a plan. K.S.A. 1995 Supp. 12-17,116 and 12-17,117. A neighborhood revitalization fund is created and any increment in ad valorem property taxes resulting from the improvements by a taxpayer to his or her property in the revitalization area is credited to the fund and used to return all or a portion to the taxpayer as a rebate. K.S.A. 1995 Supp. 12,17,118.
    The concern regarding the facial constitutionality of the act is difficult to address in the absence of a specific query that directs us to a potential constitutional objection. . increases in property taxs . Criteria used to Determine what Property is Eligible All property within the District, as such term is used in the Act, is eligible for Revitalization.
    Property used after the Improvements for agricultural or any non-commercial, non-industrial or non-residential uses is not eligible.
    As a result of the Improvements, the appraised valuation must increase by $5,000 for single family and two-family residential and by $10,000 for multifamily and commercial property. Improvements that do not increase the appraised valuation by the foregoing amounts will not be eligible for a property tax rebate.
    The Improvements must conform to all codes, rules, and regulations that are in effect at the time the Improvements are made. Improvements must be authorized by public improvement plans or building permit when applicable.
    Prior to a property being eligible for Revitalization, a property owner must enter into a Development Agreement with the City that will set forth, among other things, the public and private infrastructure (“Infrastructure”) to be constructed by the property owner.

  2. sldavidsonfarms (anonymous) says…

    kansas tree and shrubbery law
    The Kansas tree and shrubbery law, K.S.A. 12-3201 et seq., gives cities jurisdiction over trees and shrubberies upon all streets, public right-of-ways and alleys with that city. K.S.A. 12-3204 allows cities limited jurisdiction over trees and shrubs on private property within that city. (Please note that a utility easement is not considered a public right-of-way, see Attorney General's Opinion 2003-28 at the end of this document.)

    Before a city can exercise jurisdiction over trees or shrubs on private property within the city, the city must determine, based upon a laboratory test or other supporting evidence, that trees or tree materials or shrubs located upon private property are infected or infested with or harbour any tree or plant disease or insect pest or larvae, which, if uncontrolled, may constitute a hazard to or result in the damage or destruction of other trees or shrubs in the community.

    The city may request competent state or federal authority to provide such evidence. KDA Plant Protection and Weed Control Program may be contacted to conduct an inspection pursuant to K.S.A. 12-3204 at (785) 862-2180. If the city requests an inspection by KDA, the city should be prepared to provide specialized equipment necessary to conduct the inspection such as a ladder or bucket truck to reach the canopy of tall trees.

  3. sldavidsonfarms (anonymous) says…

    City of EdwardsvilleCouncil Proceedings April 18, 2006 Is becoming a tree city something new ? Information: Edwardsville was again recognized as Tree City USA in 2005. Page 4 http://209.85.173.132/search?q=cache:... This info was found on page 4 .