Journal of Proceedings

Missoula City Council

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Council Chambers (in person) or TEAMS (virtually)
Attend in person: City Council Chambers, 140 W Pine, Missoula MT
Members Present:
  • Stacie Anderson, 
  • Mirtha Becerra, 
  • Daniel Carlino, 
  • John P. Contos, 
  • Sierra Farmer, 
  • Gwen Jones, 
  • Kristen Jordan, 
  • Mike Nugent, 
  • Jennifer Savage, 
  • Amber Sherrill, 
  • Sandra Vasecka, 
  • and Heidi West 
Administration Present:
  • Jordan Hess, Mayor, 
  • Ryan Sudbury, City Attorney, 
  • and Marty Rehbein 

1.

  

The virtual meeting of the Missoula City Council was called to order by Mayor Jordan Hess at 6:00 PM.

2.

  

Mayor Jordan Hess  We don’t have minutes to approve tonight. We will take those up next week.

3.

  

Mayor Jordan Hess  Our next item is Public Comment on Non-Agenda items so if there's anything that's not on our agenda you're welcome to come up and talk about it.  And we ask that you keep your comments respectful and keep them to three minutes or less and that you spell your last name for the record. If you are here for the budget we'll have another opportunity for that later on but for anything not on the agenda. Ms. Pulley. Stand by just a moment. If you just step over a little closer to that microphone maybe. Go ahead and try that again.

Barbara Pulley  My name is Barbara Pulley, p-u-l-l-e-y. I have four issues I'd like to bring up.  The first one is you're planning to consider approving a new 614 housing unit subdivision but are not addressing the consequences to Hellgate Elementary or the high school. You've addressed the sewers, streets, water, etc., but for the residents of these subdivisions, schools are critically important too. Under Montana Codes Annotated the developers must dedicate land to parkland equal to 11% of the fair market value of the unimproved or unsubdivided land. Code section of this Montana Code Subsection 9 states that subject to the local governing board, that is you, and acceptance by the School District Trustees a subdivider may dedicate land, a land donation to the School District adequate to be used for school facilities or buildings. There's another Subsection 10 which allows for a cash donation in lieu of land. I would suggest that the Hellgate Elementary School Trustees hold off accepting this subdivision and requests a cash donation to be given directly to the Hellgate Elementary and not the city. Second issue the parks are certainly needed near these subdivisions and the policy of allowing these developers to buy their way out at a very low cost by offering cash in lieu of land needs to be reviewed. They know it's a part of the Montana Codes Annotated. An accounting of the past 10 years of the subdivision developments that were allowed to avoid building a park should be made public by the Planning Department.  Issue number three, a summary of how the city uses cash in lieu of Park funds, Parkland funds have been used in the neighborhood of the subdivision development if any. It needs a better accounting by the Planning and Parks Department as I recently found. Issue number four, mostly for Western Montana, Montana land is a very cheap investment for the very rich in foreign countries. The TV series Yellowstone, remote working, and the pandemic have caused our multiple growth problems, including high price rent, homelessness, and inability to find housing with our low wages. We don't want to repeat the situation as Jackson Hole, Wyoming has, where workers must commute from Idaho and only the rich can afford a home. For large employers company housing may need to be provided much like the company store for miners of yesteryear. To avoid investors buying up rental properties such as mobile home trailer courts, who then raise rents on fixed-income tenants consider encouraging a right of first refusal by the Housing Authority. Thank you for your time.

Mayor Jordan Hess  Thank you Ms. Pulley.  Anyone else tonight for general public comments? Mr. Martin.

Greg Martin  Greg Martin, m-a-r-t-i-n.  I have a couple comments. One, it's my understanding that the sign from the Montana Historical Society memorializing the Saint Paul African Methodist Episcopal Church on 1427 Phillips Street has been delivered to the city. I have not yet heard when the sign will be installed or what the city's plans are for promoting this much-needed addition to our town's history. I realized this only recently arrived but I'd like to take this opportunity to encourage the city to get the word out about this sign and its significance to our understanding of our town's difficult racial history. Please involve the Missoula black collective and find a way for us to celebrate this wonderful development. Secondly, I wanted to speak about the recent difficulty around the language of the resolution memorializing Missoula's early Chinese community and the equally problematic part of our town's history. I'm glad that the resolution went through because like the history of black Missoulians, this is vital to an unvarnished understanding of our community. Evidently, some council members objected to noting that both political parties in this state have indulged in fear-mongering and scapegoating Asians and Asian-Americans. The remarks were that the language wasn't specific enough but considering the changed wording was less specific than the original, my sense is that those who raise the concern are members of the democratic party who take exception with the idea that the party has indulged in that kind of racist behavior. So I feel compelled for the sake of the truth to point out that the original language was not inaccurate, and I have a difficult time understanding how anyone who is here during the last major statewide election could feel differently. I'd like to quote from an article about the 2020 Montana Senate campaign that ran in foreign policy magazine in October of 2020 by Montana journalist Kathleen McLaughlin who knows a thing or two about Montana politics. She wrote quote in one of the most closely watched U.S Senate races in the country where Democratic governor Steve Bullock is running to unseat Republican senator Steve Daines, China has become a boogeyman deployed by both parties but particularly by outside Democratic groups pushing for Bullock's election. She pointed to a line of attack that was driven toward Daines regarding his work with Procter & Gamble that was completely disingenuous and seized solely to strum up resentment. Bullock did nothing to speak against this and even raise the issue in debate. Further down the article she writes,  the anti-China messaging throughout the campaign is not subtle. Stacks of glossy mailers show photos of Daines transposed onto a Chinese flag background shaking hands with unnamed Chinese officials hearkening back to the Red Scare era of anti-communist propaganda in the 1950s. This was going on at the height of fear-mongering over China due to the origin of the COVID pandemic, something Steve Daines actively stoked. That Bullock also seized on anti-Chinese rhetoric to appeal to voters as a direct relationship to our history of Chinese exclusion. Had a vibrant Chinese community still existed in Montana such rank bigotry would be difficult to imagine. I think it's important to speak up at these times because political partisanship should never obscure the reality of the connection between our past and our present. I would urge anyone in a position of power to always be willing to engage in internal examination and critique and to not become defensive when difficult criticisms are made. It just sets us back.

Mayor Jordan Hess  Thank you Mr. Martin and thank you for your work on the historical research and the marker that you mentioned and we are excited to get that out and we'll reach out as you suggested here shortly to make sure that there's good publicity around that. I'll note for the record that Ms. Anderson and Ms. Jordan have joined us on the virtual meeting. Any additional general public comment tonight? Mr. Moore.

Bob Moore  Bob Moore, m-o-o-r-e. I see you're trying to keep me interested. They asked for 9.71% property tax increase.  In one way I think that's probably good but I'm was to make sure you got enough money to give all of our welfare clients, whatever they ask. Shopping Center all those type organizations they're entitled to take. Budget over 11 million, 6.3 million over last year’s budget. The way to really compare this should be to the budget and to last year's budget, not just last year, that way you can understand it what has happened much better. Guess the other one would be  one of the accounts that people wanted you to grab some more land, grab some more land. That's going to increase the taxes.  I've never seen, never ever seen grabbing citizen additional land solve an organization’s problems. It does not work never has worked, never will work. Two or three things in here you don't know what's going on. The article said it's unclear and the city will be presenting more information when it's available. Unimaginable to me when you're submitting the budget, Mayor is submitting the budget, you don't know, you don't know. Why don't you know? Those are numbers that are in actual things you've done or not done, paid or not paid. Couldn't be any more clear what it is. The Police Department’s top priority remains probably what?  I would love to know what it is and what you do. How do you save 3 million dollars budget? I’d love to know what that is.

Mayor Jordan Hess   Thank you Mr. Moore. Anyone else tonight on general items. Again the budget will have an opportunity a little later on. Okay seeing none and none online we can move on to our Schedule of Committee Meetings this next week. Ms. Rehbein. Ms. Rehbein your audio is unintelligible. There's some connection issue or something.

Marty Rehbein  Let's try a different setting. Did that help?

Mayor Jordan Hess  Yes that's much better thanks. I spoke too soon. It was better and now it is not.  You know we could read through this out here if we want if you want to troubleshoot a bit and then we could come back to you for the Consent Agenda.

Marty Rehbein  This microphone. Okay we'll try that.

Marty Rehbein  So the committee schedule I'm going to be reading to you is different than the one that is posted online. I'm going to have to update after the meeting tonight. We had a late-breaking change.

Housing Redevelopment and Community Programs Committee, August 16, 9:00 a.m. - 10:45 a.m.

Land Use and Planning Committee, August 16, 11:00 a.m. – 11:45 a.m.

Climate, Conversation, and Parks Committee, August 16, 12:45 p.m. – 1:15 p.m.

Budget and Finance Committee, August 16, 1:30 p.m. – 5:30 p.m.

Mayor Jordan Hess   Does that reflect your changes Ms. Jones? Okay. Thank you. So any other changes to the committee schedule? Seeing none that will stand as presented.

5.

  

Mayor Jordan Hess  Next up is our Consent Agenda so items on our Consent Agenda were generally approved unanimously in our city council committee meetings so we save time on Monday nights by going through those items as a package. Ms. Rehbein will read the list aloud and then we'll take comments on the items before we vote. Ms. Rehbein.

Marty Rehbein  We have a staff person on the line who like to make a change to this particular resolution in item 5.8 this evening, so Mr. Mayor if you wouldn’t mind recognizing him when we get done here that would be great.

Mayor Jordan Hess  Mr. Menafee, if you want to describe the changes that you're looking for as well.

Charlie Menafee  Thank you my name is Charlie Menafee, I'm a transportation planner here. The change that we're asking for the PROTECT Grant application after some back and forth in our team we've determined that we are going to be submitting for a lower project cost which involves a lower local match as of recently. That was represented in Resolution so the total cost is shifting from almost 4 million dollars down to 3.7 and that affects the local match by reducing it by about $60,000, represented in the updated resolution.

Mayor Jordan Hess  Great thank you for that and without objection we will incorporate those changes. Any questions.  Thanks for the update on that. Any public comment on items on the Consent Agenda?

Paul Kim   How's it going everyone.  Paul Kim here. I'm just gonna make some comments since this is my last opportunity to talk about the Chinese Cemetery project and just wanted to say some thank you’s and sort of wrap up where we are but also some reflections on what I learned uh in the last year working on this project. So first and foremost I just wanted to say some thank you’s. We'll start with the easy part. I'm thankful to Daniel for bringing this up, for writing it, for staying on with this, for introducing it to the City, for being interested in making it City business. He's really the reason why we got this through in the end in so I'm really grateful for that. The second person I want to thank is Elizabeth Johnson at the Historical Preservation Office who I thought was very helpful and informative to the committee last week when folks were bringing up some process concerns about the African Ambassadors to Episcopal Church. I really thought it was Elizabeth's comment there that shed some expertise on some of the comments that councilors were making at that point and I really appreciate that. The last person I want to thank is Keith Belcher a County Archivist at Missoula County Archives. He has been exceptionally helpful and supportive through this effort and he also has the distinction of being the only historian in town who actually attempted to compile a historical record of the Chinese experience in Montana and maintain that to share with people like me. So again without him this project would not be possible. I want to talk a bit about what it means that we did this. I think that you know I think back to a year ago when it wasn't common knowledge around town that there used to be a Chinese Cemetery here, and it's not just that there used to be a Chinese Cemetery here but there used to be a Chinese community. Now I think to where we are now. The local news has really enjoyed reporting on this and I'm grateful and I've heard from a number of people who similarly were interested to learn about their town's history. So I'm very appreciative about that. I guess as I reflect on this project and I think about this sort of experience of being in the County Archives with Keith and pulling up old newspaper clippings and then working this last session of the Montana Legislature and seeing the Tic Tok ban and some of the session comments that were made there and then seeing comments made at the Federal level by all of our Representatives during the Chinese spy balloon hearing and the whole saga that ensued there. I guess what I'm feeling continually is this sort of dissonance where I'm in the archives and I see in 1880 that there is this distinct way that Chinese people were approached in our community. They weren't us. They weren't people that we should feel friendly towards. They were alien, other, unworthy of the same labor that white people were entitled to or the same compensation. They were disposable. They were feminine, and there are all these reasons why these discourses came to be but the number one connection I keep returning to is the way we talked about Chinese people in 1880 is the same way we talk about Chinese people today. I want to make two more comments and then I'll be done. You probably won't have to hear from me for a bit after that. The first is I want to talk about the stories we tell ourselves about ourselves. How do we know who we are and who our community is and what that community believes in? And you know for folks who are interested in town history here when we think about the Rattlesnake Neighborhood in Missoula or the Rattlesnake Valley how many people in town could tell you that Lewis and Clark camped on the banks of Rattlesnake Creek as they're making their way through the Missouri Valley. Probably a whole lot of folks in town could tell you that. But how many people in town can tell you that if you think of Missoula in 1880 and you're on Front Street and you're doing your errands as you're walking down the street would you imagine going into Chinese businesses, Chinese laundries. Seeing Chinese people on the street. Do we think of these people as part of our story or when we imagine Missoula of the 1880s do we only see whiteness? I think that's something that folks on this Council should think about a bit and dwell on in their imaginary Missoula of the 1880s. The last kind of comment I want to make here is since we know that the way that we understand our own history is false. Since we know that we've forgotten not just Missoula's Chinese community but Missoula's black community, Missoula's indigenous community when we know we've consistently digested and discarded the content of these people's lives to fit into our own shallow understandings of ourself, some triumphant narrative about what western settlement was in this country, why do we choose to continually embrace myth and fantasy over the actual history of what happened here. I think that the answer to that is that reality the actual history of what happened here the actual bones on the ground are not a triumphant narrative. They're a story of violence. They’re a story of white residents pushing Chinese people out of this city. It's a story of white residents lynching Chinese people in this city, and we can't embrace it as ours because if we were to embrace it as ours then we would have to consider ourselves complicit in this. We would have to say that the material conditions of Missoula, Montana today are tied by a political project of racial exclusion that directly is tied to the quality of life we live in in the city today. And what I mean by that is when products move in and out of Missoula via the railroad they are traveling on mountain passes that Chinese laborers died for in order for them to exist in this town, in this state. And what I mean by that is on the North side there are houses on Sherwood Street which were occupied by Chinese families that tried to make a life in the Missoula Valley, and today those houses are occupied by white families. And when we think about what this history of racial exclusion means for the town that we live in today we have to think about how if you were to walk out now onto the Hip Strip, the vast majority of people you would pass overwhelmingly would be white. And so what does that mean? What does it mean that people of color came to live here and they were driven out? What does it mean that if there were a Chinese Community still here today there would be Chinese councilors sitting in this body? What does that mean? Would we ever have let them become part of us or would we always have kept them as a distant other? The very last comment I'm going to make is about this process of othering. This process of us versus them. And like I said about  acknowledging the true history of Missoula's Chinese community would be acknowledging violence and complicity, there still remains to this day a distinct cultural and discursive process through which we understand people who are non-white as different than us, and we have to do it because it's essential to the narratives we tell ourselves about who we are and what our community is. So I think about that in the case of national security when we say that China is this country different than us, that does not share our values, that wishes to destroy us that we must constantly be vigilant against that seeks to infiltrate and invade our country. But we also see that in the in the comments made by councilors in this body. I thought it was really interesting and I've been playing it in my head for the last few weeks thinking about a comment a certain councilor made during the debate over the amendment that was introduced in committee. The comment they made was in response to a claim that I asserted which is that this project represents the first time since 1908 that Missoula's historic community has been brought for business in front of the city council. And that is a true statement. And this councilor replied that's curious because I brought up the BIPOC community during covid and I said that I disagreed with the rhetoric they were using. I just want us to dwell on this comment briefly what does it mean to abstract Chinese people such that they aren't the bones underneath the ward you represent but they are an abstract. They are BIPOC. They're flattened. There's this sort of political arena to comment on, to win political points. Whether that's thumping your chest and saying we have to beat China or expecting a medal or points for having brought up the plight of the so-called BIPOC people in Missoula. And how does this prevent us from actually creating a community where we accept and acknowledge each other's differences? Where we genuinely believe that people unlike us can be part of our story in this town. And when we sort of appease this performative liberal politics that race is merely an arena to win political points with your fellow white council members we've failed. I think that's what that effort and that amendment represented. I'll leave you all with that. I hope you think about it. As you go home tonight you're sleeping in your houses in a neighborhood on top of unmarked graves on stolen land, I hope you think about why you're allowed to live there and the Chinese communities and the Chinese family in 1890 -1900 why they are not allowed to live. Why you get to sleep there, have your life, have your Missoula political career while other people were lynched and pushed out of this town. I hope that's something that every member of this Council dwells on. I'm extremely grateful for the opportunity to have been able to present this. I'm extremely grateful for the modicum of historical justice that these bones will receive and I'm excited to continue bringing Missoula's untold histories to light as we advocate for a City that we could all believe in where we're not otherized.

Mayor Jordan Hess  Thank you. Any additional comments on the Consent Agenda tonight. Seeing none in the room, any online? Seeing none online, any Council discussion on the Consent Agenda or any, I don't believe anyone has expressed a desire to separate the question. Mr. Contos.

Alderperson Contos   Yes, I’ve asked if 5.6 and 5.7 can be broken out.

Mayor Jordan Hess  Okay sure so we will vote on 5.6 and 5.7 separately. Anything else tonight? Okay any Council comments?

Alderperson Carlos  Yes I'd like to comment on those if I can.

Mayor Jordan Hess  Yes go ahead.

Alderperson Contos  He’s older than I am. I had to do that. Yes, I wanted to break these two out. As a lot of you know I do a lot of driving here in town anywhere from 350 to 400 miles a week. Lowering these speed limits are not going to help matters, especially Mary Jane Boulevard. The original is a nice wide street where there's plenty of parking on both sides. From Broadway down to the top of Mary Jane it's extremely small and curvy and the bottom part of it reaching Mullen is the same way. These streets should not have been that small. That's a main corridor going from Broadway down to Mullen. It keeps people from going onto Reserve which is way out of date. Anyway, so I do oppose these two speed limits.

Mayor Jordan Hess  Thank you Mr. Contos. Ms. Becerra.

Alderperson Becerra  I just wanted to comment on item 5.5 Chinese History Resolution and Mr. Kim you said this might be the last we hear from you. I hope that's not true. I really appreciate you bringing this forward and I learned quite a bit through this process and I commend you for your work. I sincerely hope it's not the last we hear from you. Thanks.

Mayor Jordan Hess  Thank you, anyone else? Ms. Vasecka.

Alderperson Vasecka  I just wanted to copy what my colleague Ms. Becerra said. Mr. Kim I love your passion. I hope this is not the last time that we hear from you.

Mayor Jordan Hess  Okay seeing no additional comments and none online, we can have a roll call vote on items 5.6 and 5.7.

  • AYES: (12)Alderperson Becerra, Alderperson Carlino, Alderperson Contos, Alderperson Farmer, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, Alderperson Vasecka, Alderperson West, and Alderperson Anderson
    Vote result: Approved (12 to 0)
  • Approve and authorize the Mayor to sign a service agreement with 2G Energy for Co-Gen maintenance for the wastewater treatment plant at a cost not to exceed $85,031.65

    Vote result: Approved
  • Approve a waiver to MMC 9.30 entitled “Noise Control” to permit relief from specified levels during a project at Stockman Bank (Broadway Avenue and Orange Street) to allow for repair of a geothermal well and concrete pour during off-hours at the request of Montana Department of Transportation beginning August 28th.

    Vote result: Approved
  • Appoint Amy Boote and re-appoint Jesse McCormick as youth members to the Energy and Climate Team for terms beginning immediately and ending on May 31, 2024.

    Vote result: Approved
  • Adopt the joint resolution of the City Council and the Missoula Board of County Commissioners with the City and County edits recognizing Missoula’s historic Chinese community and providing for its commemoration. 

    Vote result: Approved

Approved with a proposed amendment.

  • Adopt a resolution to support the intent of the Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation Program (PROTECT) 2023 grant application to fund the Lolo Street Bridge Replacement project.

    Vote result: Approved
  • Approve a resolution of the Missoula City Council expanding the size of the Tourism Business Improvement District board of trustees from five to seven members.

    [Approved without a quorum present.]

    Vote result: Approved
  • Approve a Resolution Relating to Pooled Special Sidewalk, Curb, Gutter and Alley Approach Bonds, Taxable Series 2023A and Tax-Exempt Series 2023B; approving the sale thereof and confirming certain matters thereto; confirming the pledge of the Revolving Fund; creating the Special Sidewalk, Curb, Gutter and Alley Approach Sinking Fund and prescribing covenants of the City for the security of the holders of the Series 2023A & B bonds.

    Vote result: Approved
  • Adopt a resolution for Missoula City Council to establish posted speed limits of 25 miles per hour (mph) for Mary Jane Boulevard from Mullan Road to Melrose Place and Camden Street to W. Broadway Street and Flynn Lane from Mullan Road to W. Broadway Street.

    AYES: (10)Alderperson Anderson, Alderperson Becerra, Alderperson Carlino, Alderperson Farmer, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, and Alderperson West
    NAYS: (2)Alderperson Contos, and Alderperson Vasecka
    Vote result: Approved (10 to 2)
  • Adopt a resolution declaring it to be the intention of the City Council of the City of Missoula, Montana, to close and vacate a portion of Lower Miller Creek Road public right-of-way in Linda Vista Estates Subdivision Phase 2, and subject it to six (6) conditions of approval, and set a public hearing on August 28, 2023. I move the City Council: Adopt a resolution for the City Council of the City of Missoula, Montana, to establish a speed limit of 25 mph for Lower Miller Creek Road in Linda Vista Estates Subdivision Phase 2.

    AYES: (10)Alderperson Anderson, Alderperson Becerra, Alderperson Carlino, Alderperson Farmer, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, and Alderperson West
    NAYS: (2)Alderperson Contos, and Alderperson Vasecka
    Vote result: Approved (10 to 2)

8.

  

Mayor Jordan Hess  We have six items for final consideration. These are all budget-related and these are a follow-up to the public hearing that we had last week. We will as we did last week we'll take items 8.1 through 8.5 as a package so as we do with Final Consideration I'll turn it over to our staff representative Logan McInnis for any additional information or any updates on any of these items or any staff presentation that you deem necessary Mr. McInnis.

Logan McInnis  Sorry can you see me? Hear me? I don't know where my camera is I apologize. I am here. I don't have anything else that I need to present but I am happy to answer any questions.

Mayor Jordan Hess  So any questions for Mr. McGinnis? Mr. Carlino.

Alderperson Carlino   I do have an amendment if now's a good time and then a question to go along with it.

Mayor Jordan Hess  We don't have a motion yet so let's do a question first and then we'll come back for the amendment.

Alderperson Carlino  Logan if you could talk about the compost tipping fees and if staff would be able to accommodate keeping the small loads/cars at the current fee of $3.00 and how that might affect things if we made that amendment?

Logan McInnis  Just in general we're just trying to keep up revenues with the rising expenses of making compost. We haven't raised any of the fees or sales prices in many years, more than 10. I think we're doing pretty well but I just think it's important to keep up with costs. Now having said that you know I did talk to Gene and Jason out at the plant today after I got your inquiry about the small cars and  the desire to sort of meet our zero waste goals and you know we're obviously all supportive of that so don't have a problem with keeping the fee for that particular category as is.

Alderperson Carlino  Thanks.

Mayor Jordan Hess  Additional questions? Mr. Bickell you have an answer to that as well?

Dale Bickell   I was just gonna say that you know we're going to incur the cost that those fees are paying for and really the policy decision related to that setting the fees I think the amendment is appropriate but it's whether it's going to be, it’s either going to be paid by wastewater utility rates versus that compost fee and this I just wanted to make sure that was out there.

Mayor Jordan Hess  Thanks. These all came from the Public Works and Mobility Committee so I would take all five motions please and then we can take amendments on any of them.

Unidentified Speaker  All of them?

Mayor Jordan Hess  Yes please.  

Unidentified Speaker   On item 8.1, I move that we adopt a resolution of the Missoula City Council establishing the waters special facility buy-in fees to be effective August 14th of 2023. I also move that we adopt the resolution of the Missoula City Council establishing the fees of the county wastewater meter fee and refundable deposit to be effective September 1st of 2023. I move that we adapt the resolution of the Missoula City Council establishing the fees for the West Reserve stub fee effective September 1st of 2023. I move that we adopt a resolution of the Missoula City Council increasing the fees for compost tipping to be effective September 1st, 2023. And lastly I move that we adopt a resolution of the Missoula city council increasing the hauled waste fees to be effective September 1st of 2023.  

Mayor Jordan Hess  Thank you those motions are in order. So we'll go to public comment next on these resolutions and then we'll come back for Council deliberation. Anyone from the public care to comment on these items? Seeing none in the room,  you're welcome to come on up. This is just what we discussed and the overall budget will be coming in just a moment a couple items later. Okay seeing none in the room and none online, Council discussion. Mr. Carlino.

Alderperson Carlino  Thanks I'll move to amend 8.4 to keep the current fee for small loads and cars at $3.00 and can I speak to that Amendment?

Mayor Jordan Hess  Sure the motion is in order and go ahead and speak to it.

Alderperson Carlino  I just want to make sure that you know when we're working towards zero waste goals everyday Missoulians can go turn in their compost at an affordable rate to help make sure that people aren't disincentivized by having to pay so much for compost compared to trash, etc., so I believe keeping it at a lower price at $3.00 per small loads in cars will help us reduce our waste as a town and help incentivize Missoulians to go turn in their compost. So I'm open to any questions and happy to discuss it.

Mayor Jordan Hess  All right, on the Amendment, Mr. Nugent.

Alderperson Nugent  Thank you Mr. Mayor. Does anybody know on average how many car loads a week we're talking about here?

Mayor Jordan Hess  Mr. McInnis do you have that?

Logan McInnis  You know I wasn't able to find that out today, this just came up today. I would have but Jason at compost was out today.  He said a fair number of people come in but you know they might drop off a bag and he doesn't necessarily charge them. His goal is to get people to bring waste there. Obviously if you have a full car load you're going to get charged but he didn't seem concerned with the loss of revenue. It’s not a big chuck of the overall revenue for the compost facility. 

Mayor Jordan Hess   Okay thank you, Mr. Nugent anything else? Nope okay. Ms. West.

Alderperson West  Yeah I pretty much had the same question but more of like not how many car loads but the percentage of volume I guess that comes from smaller vendors. My assumption would be that the majority of the compost dropped off is from larger vendors like tree companies and that sort of thing is that assumption correct?

Logan McInnis That is certainly my understanding.

Mayor Jordan Hess   Ms. Jones.

Alderperson Jones  Yeah I was going to ask the same question, what percentage of

revenue this is. It sounds like you don't know that at this point Logan but when was this set and has it ever been adjusted for inflation? 

Logan McInnis  Can I answer that?

Mayor Jordan Hess  Go ahead Mr. McInnis.

Logan McInnis  Okay thank you. So when we purchased the facility in 2016 and the rates have not been adjusted since that time and to Jason's knowledge the rates had been about the same for as much as 10 years under Eco. So I mean we really have not adjusted to inflation in a long time. And you know I think it's a given that I think it's a pretty modest increase we're looking to raise the rates. Our compost facility is really doing very well in terms of its revenue generation compared to other facilities around the country we've been told, so you know but we do think it's important to kind of keep up with the rising costs.

Mayor Jordan Hess Ms. Jones anything else?

Alderperson Jones   I have comment at this point. Okay, so I'm happy to vote for the amendment tonight but I would like to see in the next year or two if we need to readjust this considering that it's never been adjusted for inflation I think we should revisit it then but for now I'm happy to vote for it and we are trying to get people to participate in Zero by 50 and we want to keep this door open. Considering that big loads are the biggest part of what goes in there and this is going to be a pretty smaller component I think it's fine.

Mayor Jordan Hess  Mr. Nugent.

Alderperson Nugent   My comment was going to be very similar. I think this is a good idea. We want to encourage people or not make any sort of barriers for individuals bringing composting forward and it seems like a low part of the overall revenue budget out there so I think this makes sense.

Mayor Jordan Hess  Ms. Vasecka.

Alderperson Vasecka  Thanks yeah I have a question. if I remember correctly back when in 2016 or I guess 2015 when it was Eco Compost, it didn't cost anything for folks to try to compost there. So what is the need for the fee was that just poor business practice on their part? I guess I just want to understand the reasoning behind it.

Mayor Jordan Hess   Mr. McInnis.

Logan McInnis  You know I just kind of went off of what Jason told me that you know the rates were kept in place. I don't know the specifics. I'm more than happy to get some more information and get back to you. I know that doesn't help for your decision tonight but I apologize I can't have a better answer for you.

Mayor Jordan Hess  So, Ms. Vasecka, we also made significant Capital investments in the facility to deal with the efficiency of the facility and odors and a variety of other operational aspects and so I imagine part of it is covering the costs of what was a multi-million dollar upgrade to the facility as well. Follow-up question at all?

Alderperson Vasecka   I have follow-up comments but I can wait until…

Mayor Jordan Hess  Go ahead.

Alderperson Vasecka  So I'm not going to be supporting this. I feel like before when it  was Eco Compost and there were a lot of other benefits when it was privately owned and I disagree with the government coming in and snatching this as well as the water company and so I know that it's going to pass tonight so I guess I'm grandstanding here and I'm going to be voting against it.

Mayor Jordan Hess  Thank you Ms. Vasecka. Ms. Becerra. 

Alderperson Becerra  I have a question Logan but maybe it's okay if you don't have the answer right now. I'm just curious to know how much do we sell, because I'm assuming that Eco Compost being privately owned was a commercial operation versus what we run. How much of the generation of all the waste product and your product we sell? Logan McInnis  Yeah the folks at compost have done an amazing job of increasing the productivity, making a better product, selling more of it. I don't have the numbers in front of me but I know our revenue is up over the last couple years, something like 30%. The cost of operating the facility is somewhere and that includes the debt service of acquiring the facility says on the order of 1.2 million dollars a year. Our revenue is on the order of $700,000 a year and then back when it was private we were paying at least a half a million dollars a year to dispose of biosolids across the fence and so I think you can pretty easily count that as revenue because if we didn't own it we would be paying that out as an expense. So I mean we're really basically breaking even with the operation. Right now we're on a temporary facility. We've got pretty significant Capital needs even in addition to what we've already spent you know the site has to be paved, we've got an ARPA Grant but we're still going to have to take on additional debt so we definitely have financial needs to modernize the facility. As Jordan mentioned we've had some odor issues you know that we need to address with kind of the new design. We need to keep generating money to keep the utility whole but anyways. I'm really proud of all the hard work that Jason and his team have done out there to clean the site up and to make it a really a better operation.

Alderperson Becerra  Comment?

Mayor Jordan Hess   Go ahead.

Alderperson Becerra  I think it's really commendable the work that goes into making that facility not just a wastewater facility or a composting facility, but as Gene calls it a resource recovery entire system that's benefiting the community and the city. I'm gonna support this amendment because I think it strikes a fair balance between trying to encourage people to compost and take their yard waste to the facility and keeping up with inflation. Thanks.

Mayor Jordan Hess  Thank you. Ms. Sherrill.

Alderperson Sherrill   Thanks, I just have a comment I don't have a question. I understand the desire to make this a low barrier basically to get people to compost and I certainly want people to do that. It is a big producer of greenhouse gases in our landfills and it's a pretty easy thing to do even if you have to drop it off. I'm not totally sure how much of a barrier going from three to five would be but I have no problem I with this amendment because I think that it's a small enough amount that it's really not gonna affect the bottom line of the facility.  So I'm happy to support this, but what I would like to see is next year that we get actual numbers of how much money a dollar amount that these small loads would have changed so I'm sure we have that data. I don't think it's important at least for me that we have that data tonight make a decision. But I think it's important that we keep track of that because 10 years you know as the Mayor had said a week or so ago, the cost for asphalt in five years went up 72% right. Costs are going up and if we continue to get behind on these I just want to make sure that our facility is successful and self-sustaining. Thank you Ms. Sherrill. Ms. West.

Alderperson West  I think I was going to say pretty much the same thing Michelle just said.  I am happy to support this for the time being. I would like to see maybe a breakdown between what is commercial and what is residential as far as the loads of drop-off and kind of the impact that this has over the long term.  I think it would be helpful for people setting these rates in the future.

Mayor Jordan Hess  Thank you Ms. West. Any other comments on the amendment? Is there any public comment on the amendment to, I'm sorry Ms. Anderson first.

Alderperson Anderson   Thanks so much Mr. Mayor. I actually am going to be agreeing with Councilwoman Vasecka on this and not supporting the amendment. Her and I differ on the value that Eco Compost provides our community but I really feel as though user fees are the fairest way to you know kind of treat programs like these and the fact that there hasn't been any increase to this particular fee in sounds like over 10 years at least. We need to make this facility be at least breaking even and it sounds like it's just barely doing that. Each time we vote not to raise a fee it produces a further gulf between projects like this operating in a deficit and then not going back on everybody, I am a fan of user fees. I do support our Zero Waste by 50 initiatives. I appreciate the feedback that Mr. McInnis says that there is some discretion for folks who are just trying to do the right thing but it's if you actually read the language of the referral it's you know a car or small load versus the next tier up is a full pickup and I think there's a pretty big gulf between those two size amounts and taking your stuffed Eco Compost even at $5.00 a  load is a heck of a lot cheaper than putting it in the trash having just recently paid my trash bill so I think it is still incentivizing people to do the right thing as well as being economical,  so I will not be supporting the amendment.

Mayor Jordan Hess  Anyone else on the amendment? Seeing none any public comment on the amendment to maintain the $3.00 fee for small loads. Seeing none in the room and none online we can have a roll call vote on the amendment please. Ms. Rehbein.

Mayor Jordan Hess  The amendment passes and on the main motions additional discussion. Seeing none, oh I'm sorry Ms. West.

Alderperson West  I just wanted to say that in order for compost to compost it requires careful management and things like aeration and moisture and proper carbon and nitrogen ratios and if those things aren't there, we end up with smelly situations and our case specifically and to do that properly we need to invest in our infrastructure and obviously the people that run the operation. So I think it is appropriate for us to raise the fees because we have been investing considerably since this has been taken over into public ownership and to make sure that neighbors surrounding this facility especially aren't bearing the brunt of the entire community. I think this is appropriate.

Mayor Jordan Hess  Thank you, Ms. Jones.

Alderperson Jones  I think that back when this was sold to us in 2016/2017 Mayor Hess, Heidi West and I were on Council and I just wanted to say it was a very willing seller. They were happy to sell and frankly the facility needed some attention because it was impacting neighbors. It needed some upgrading and attention and frankly it was a win-win for the city to get it because we use it a lot but it was best for the community also because it needed that attention because as Ms. West was referencing it was impacting that entire side of town with some odors, and it's in a much better place now. Mayor Jordan Hess  Thank you, any further discussion? All right seeing none we can have a roll call vote on items 8.1 through 8.5.

Mayor Jordan Hess  The motions are approved.

  • Adopt a resolution of the Missoula City Council establishing the Water Special Facility Buy-In Fees to be effective August 14, 2023

    AYES: (11)Alderperson Contos, Alderperson Farmer, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, Alderperson West, Alderperson Carlino, Alderperson Anderson, and Alderperson Becerra
    NAYS: (1)Alderperson Vasecka
    Vote result: Approved (11 to 1)
  • Adopt a resolution of the Missoula City Council establishing the fees for the County Wastewater Meter Fee and Refundable Deposit to be effective September 1, 2023.

    AYES: (11)Alderperson West, Alderperson Sherrill, Alderperson Savage, Alderperson Nugent, Alderperson Jordan, Alderperson Jones, Alderperson Farmer, Alderperson Contos, Alderperson Carlino, Alderperson Becerra, and Alderperson Anderson
    NAYS: (1)Alderperson Vasecka
    Vote result: Approved (11 to 1)
  • Adopt a resolution of the Missoula City Council establishing the fees for the West Reserve Stub Fee effective September 1, 2023

    AYES: (11)Alderperson Anderson, Alderperson Becerra, Alderperson Carlino, Alderperson Contos, Alderperson Farmer, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, and Alderperson West
    NAYS: (1)Alderperson Vasecka
    Vote result: Approved (11 to 1)
  • Adopt a resolution of the Missoula City Council increasing the fees for compost tipping to be effective September 1, 2023

    AYES: (11)Alderperson West, Alderperson Sherrill, Alderperson Savage, Alderperson Nugent, Alderperson Jordan, Alderperson Jones, Alderperson Farmer, Alderperson Carlino, Alderperson Becerra, Alderperson Anderson, and Alderperson Contos
    NAYS: (1)Alderperson Vasecka
    Vote result: Approved (11 to 1)
  • Amendment:
    Moved by:Alderperson Carlino

    Keep fees for small loads and cars at $3.

    AYES: (11)Alderperson Carlino, Alderperson Contos, Alderperson Farmer, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, Alderperson Vasecka, Alderperson West, and Alderperson Becerra
    NAYS: (1)Alderperson Anderson
    Vote result: Approved (11 to 1)
  • Adopt a resolution of the Missoula City Council increasing the Hauled Waste Fees to be effective September 1, 2023.

    AYES: (11)Alderperson West, Alderperson Sherrill, Alderperson Savage, Alderperson Nugent, Alderperson Jordan, Alderperson Jones, Alderperson Farmer, Alderperson Contos, Alderperson Carlino, Alderperson Anderson, and Alderperson Becerra
    NAYS: (1)Alderperson Vasecka
    Vote result: Approved (11 to 1)

Mayor Jordan Hess   Our Final Consideration is the annual assessments for Street Maintenance District Number 1, this is the Downtown District. Ms. Rehbein with our staff report do you have any additional information or additional material to present since our public hearing?

Marty Rehbein  Nothing new tonight thank you.

Mayor Jordan Hess  Thank you. Any questions from council members?  Seeing none. This came out of Budget and Finance, Ms. Jones.

Alderperson Jones   I'm happy to make the recommended motion which is to adopt a resolution levying a special assessment and tax on the lots, pieces and parcels of land situated within Street Maintenance District Number 1 of the City of Missoula, Montana generally located in the downtown area in the amount of $141,084.38  for the purpose of defraying the cost of flushing and removing street rubbish from streets and avenues in the District during the Fiscal Year 2024.

Mayor Jordan Hess  Thank you, that motion is in order. Any public comment on this motion for the downtown Street Maintenance District?  Seeing none in the room and none online, any Council discussion?

Mayor Jordan Hess  We can have a roll call vote. Ms. Rehbein.

Mayor Jordan Hess  The motion is approved we have no additional items for Final Consideration.

  • Moved by:Alderperson Jones

    Adopt a resolution a resolution levying a special assessment and tax on the lots, pieces and parcels of land situated within Street Maintenance District #1 of the City of Missoula, Montana generally located in the downtown area in the amount of$141,084.38 for the purpose of defraying the cost of flushing and removing street rubbish from streets and avenues in the district during the fiscal year 2024.

    AYES: (11)Alderperson Farmer, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, Alderperson West, Alderperson Anderson, Alderperson Becerra, Alderperson Carlino, and Alderperson Contos
    NAYS: (1)Alderperson Vasecka
    Vote result: Approved (11 to 1)

9.

  

Budget deliberations will continue in Budget and Finance committee on August 16, 2023.

City Council final consideration of the budget will be on August 21, 2023.

Mayor Jordan Hess  We will move into our public hearings and we have three of them and we'll take them in the order listed. The first public hearing is our Fiscal Year 2024 Executive Budget. This public hearing opened last week and we had an extensive staff presentation and we've had presentations to council over the last six to eight weeks through with an extensive presentation tonight but we will have a brief recap and again opportunity for continued feedback. The public hearing will close tonight but we'll of course continue to take public feedback until final consideration of the budget which is slated for next Monday, August 21st.  With that I’ll turn it over to Mr. Bickell for an introduction and then I will go back through a portion of my budget letter and then we will we'll wrap up with closing our public hearing and having uh discussion among council members. Mr. Bickell.

Dale Bickell  Thank you Mayor. Dale Bickell, the City's Chief Administrative Officer. For my portion of the presentation I'm just going to talk about where we are in the budget process and really what's left. Here is the slide of the entire budget process I mean these boxes we are in today August 14th in the green slide which is the continuation of the public hearing on Wednesday, is our  final Budget and Finance Committee meeting and at that meeting will be some further updates. Council members will talk about that in a little bit. Again August 21st as the Mayor said Final Consideration on the budget. August 28th and subsequent meetings are actual fixing of the levies based on that adopted budget and then throughout the year there will also be budget  amendments and changes to the budget. The next slide shows what motions are and actions Council will take related to the budget. Related to this budget public hearing we talk about the budget but that means a variety of things. So it's fixing the annual appropriations, the budget, what is the spending that the city would do, but it also takes into account related items such as the permissive methyl levy, some fee increases such as the Public Works Utilities increases that you just heard. It adopts budget work plans related to certain Special Districts and related entities such as the Road and Park District, Tourism Business Improvement District, and then there's a list of resolutions that go along that document those approvals are listed there. So the approvals resolution, resolutions fixing the levies, and the resolutions creating the fees. So up next Wednesday is the Budget and  Finance Committee meeting and up there on the screen are the items that we presented, so we have our presentation so it's going to be a review of where we were at to date and what's included in the FY 24 Budget.  We'll do a property tax analysis where we're going to look at things such as newly taxable property and changes, significant changes, in the tax base that we're seeing. Talk about tax increment financing and where those numbers came in and in proportion to the entire budget. We always do some peer-city comparisons so we'll have that and then Council deliberations on the Mayor's budget and budget changes that are coming.

Mayor Jordan Hess   Thank you and could you just go back to the title slide.  I've been saying this throughout our budget process, I think a lot of us have been and a variety of other elected officials from various levels of government have been saying this as well. There was a great forum today at the City Club on property taxes and how we got to where we are and where we might need to go. I'll just say for context that our property tax system in the state of Montana is fundamentally broken. It is based on an economy that doesn't exist anymore and it is the framework unfortunately that we have to fund local government. Back in the 1980s we had four lumber mills that were operating multiple shifts per day, paying high industrial property taxes. We had low residential property values and we didn't have any tourists. We didn't have very many tourists anyway. Today we don't have that industrial-based economy, our property values as you all know are soaring and we have three and a half million tourists annually in the city of Missoula according to the Institute for Tourism and Recreation research. Our property tax system is based on an economy doesn't exist anymore and we're continually trying to wedge a square peg into a round hole. That is problematic. That is reflected in this budget and that is probably a reason why there are some folks in the room tonight. We continue to face fiscal challenges at the City of Missoula. Despite making significant headway last year our ongoing expenditures continue to exceed our ongoing revenues and again this is a function of our revenue sources. We are almost exclusively reliant on property taxes and our funding needs continue to go up. Could you go to the inflation slide please? We have seen significant inflation across various areas of city government. These are just some anecdotal examples of this. We'll go into this at our Wednesday committee meeting in much more detail and we'll cover this in greater depth. But as I said last week inflation is eating us alive. It is absolutely

the biggest single challenge in this budget, is the rate of inflation for a number of the goods and services that local governments rely upon have gone up at a rate that is greater than and what is already an elevated rate of inflation. So in in six years we've seen a 72% increase in the cost of emulsified asphalt. We've seen a 52% in our fire department calls for service. We are permitting more dwelling units than ever which of course has general fund implications in addition to our building fund and some of the other non-tax supported funds. We've seen the cost of infrastructure construction balloon. This is just one metric, the cost of a linear foot of water main is up 66% in just two years. We are seeing significant cost inflation over a similar time Horizon the Consumer Price Index shows about a 25% since 2017. So we're in uncharted territory here and we're doing our best to manage our budget within those constraints. You all received property tax assessment and reappraisal notices from the state of Montana this year suggesting an increase in value of about 37%. In a typical high growth year the legislature would often dial back the residential tax rate. They didn't do that this year and so we're continuing to see a tax shift from residential property taxpayer, from I’m sorry, commercial and industrial property taxpayers to residential property taxpayers. This is a multi-decade shift. Again back in 1980 excuse me we had about 40% of our

of our tax base in Missoula was from residences. In 2020 that was 60% and we fully expect that when we're done with the analysis of this budget that that'll be over 70%. These are factors out of our control that are the shifting of burdens from other tax classes that have historically paid picked up more of the burden to residential property taxes. I say this all just underscore that we need meaningful thoughtful tax reform at the state level and unless and until we have more diversified sources of revenue, cities and towns are going to be continually feeling the squeeze.  On Wednesday when we dive into some of our budget comparisons we'll look at what some peer cities have going on and we'll demonstrate that this is an issue across the state, that property taxes are a pain point across the state and that we need to continue to be diligent. What I will say is that our staff can squeeze the last drop out of every, the last bit, they are very efficient and effective at delivering services and this budget is lean. It is very lean but it does reflect our values as a community with targeted investment in the things that we care about.  The next slide shows how that relates to our Strategic Plan. So we're investing in programs and projects that move the needle on our goals and our Strategic Plan. Our Strategic Plan distills the community's values and the Council's values into categories, and we categorize our budget decisions based on these pillars. A few highlights in the Community Safety, Health and Well-being category we are reopening the Johnson Street Shelter which is a high priority for our community to provide a level of service for those living without shelter. We're partnering with Missoula County to cover those costs and we're working on contracts for improvements and for services that will come before the Council in the coming weeks. We are increasing security in our rights of way and in our Park system. That is to increase security within the neighborhoods, to provide a higher level of garbage hauling, and to provide hazard pay for employees that encounter hazardous conditions. We're continuing to fund our crisis intervention team and our mobile support team which provide an important response, first responder response, within our police and fire departments. Just some highlights from the Organizational Excellence and Resilience Pillar. This pillar is about how we run our organization in a way that is inclusive, transparent, and nimble and in a way that supports our employees and provides high quality services. We know well that our organization thrives when our employees are well compensated and when we retain our employees.  We include what is really a modest cost of living increase for our staff in this budget and we were able to bring our Police Union up to closer to their market rate and get them closer to the pay that they deserve. Our police department was and is still is behind the market in other communities and we're pleased that the Missoula Police Officers Association ratified a 10% increase to their contract which is a highly needed increase to their to their rate of pay. We're continuing to create efficiencies within our internal structures with a new payroll system, with some work on providing data to the public and to Council and work on communicating and engaging with constituents. Our Economic Health Pillar just for a few examples, this is about fostering an environment that creates partnerships that result in an increased economic vitality within our community. We're anticipating depositing nearly 5 million dollars into the Affordable Housing Trust Fund this year. That's through non-tax sources so that is through land sales and that is through policy changes at the Missoula Redevelopment Agency. We are contributing the minimum amount required by our ordinance, or by our resolution rather, from the general fund but the balance of this is coming from the from non-tax sources and will make a difference in providing for the construction of housing that Missoulians can afford without having a tax impact. We're continuing to work on our goal of 100% clean electricity by 2030. We're contributing to the United Way Child Care Advantage Program and we're continuing to seek innovative partnerships like that as well as our partnership that we've been talking about through the U.S. Department of labor for workforce development. Our Community Design and Livability Pillar of the plan supports continued work on our code reform process, again with an end goal of working to provide housing that Missoulians can afford. That's fully funded in this budget to complete the code reform process and is using additional ARPA funding which is the American Rescue Plan Act, the pandemic relief funding. We are using fund balance within the Parks Department to update our couple decade old Parks Plan creating a new Parks, Recreation Open Space and Trails Plan. Again with a non-tax impact for this year. It's funded out of Fund Balance from The Parks Department and we're working on some climate work through our Urban Forestry Program as well as other programs.  And we're building a lot of infrastructure. Our Infrastructure Program is designed of course to create a built environment that supports our community and provides for clean drinking water and safe streets and meaningful investments in our community. I’d also note that our infrastructure work is an important piece of creating good jobs that pay well in our community which is part of the Economic Health Measure as well. So we'll complete the Build Grant in the Mullen Road off of Mullen Road for about 3 million dollars this year of nearly all federal money. We will continue to invest tax increment financing and other federal funding sources in a variety of transportation improvements to the tune of about 6 million dollars invested in sidewalks and greenways, and about 9 million dollars of federal funding leveraging 2 million dollars of local funds for safety improvements on South Avenue. That's in partnership with Missoula County. Again the Missoula Redevelopment Agency will invest several million dollars in public infrastructure for sidewalks and water infrastructure and for trail projects within the community. Our water utility will invest over 10 million dollars in new infrastructure as we continue to keep the promises that we made when we acquired this system and bring water leakage down within the system. We're continuing to focus our efforts on sustainability from a grant writing standpoint with electrification and chasing after federal funds in the Bipartisan Infrastructure Law and the Inflation Reduction Act and we'll talk more about that on Wednesday. So a lot of good things in this budget. It is a lean budget and it is an increase and that increase is a function of rising values and declining alternatives and that is something that is inevitable in I would wager nearly every Montana community and that is something that we're going to be fighting up against until the legislature takes some action. I just close by saying that on that note that the notices that went out to our community suggested a 37% increase in value and had a number on there that showed what taxes would be if mils were not reduced and I'm pleased to say that we are reducing the number of mils levied. There is still a tax increase. It is significantly better than the notices that went out from the state in in late June and that's because of the diligent work of our finance team to sharpen their pencils and keep this as lean as possible. Our last slide I believe shows within our within our strategic plan the three lenses that we use to guide the implementation of our Strategic Goals and these are really around who benefits and how we move forward on our community goals specifically as they relate to housing, equity, and climate. Again just to touch base on this coming week we'll look at city by city comparisons. We'll look in greater detail into the inflationary numbers on Wednesday. We'll dig into this tax shift to residential property taxpayers. We’ll go in detail into the tax increment financing and the Missoula Redevelopment Agency, and we'll look at the American Rescue Plan Act, a retrospective of how we spent those funds and what we've got left. With that, Mr. Bickell anything else from you? Okay. So our public hearing remains open and you're welcome to come up and provide comment on the budget and again this is not the last opportunity but you're welcome to come up and give us your name for the record and give us your comments please.

Emmet Kinnison  Very interesting yes. My name is Emmett. I do live in Missoula I'm well known. The thing is, this is very interesting I'm glad you'll explain the reasons that you're doing this except there's just one thing. As far as the people who rent here and the people who have property here even in the South Hills I don't think we can afford this. We're taxed enough already. I mean property taxes have been raised last year and many other times and my rent was raised by $50 and that's cheap compared to a lot of other rentals. It'll probably be raised again next year and I'm on a fixed income of Social Security Disability. Like I said even people in the South Hills they'll be definitely affected. Almost 10%, it isn't exactly 10%, that is a big increase and you know people with the money to move may just decide to move out of Missoula, Montana to seek better grounds but people who do not have the money to move, like me, unless I get a miracle we'll have to pay the higher taxes and the rents. My rents will go up. I don't know what I'm going to do. I mean I'm barely in it with inflation and everything else. You know the poorest of the poor are going to get hit and the houselessness I'm afraid this will contribute to homelessness, houselessness whatever you want to call it and we have a problem with housing in Missoula. I think the minimum wage jobs which are a lot of our jobs, just they can't cover the new rents. It's important we have revenue and you

know that's interesting about the 80s because I was going to comment about this because rent and everything was lower in the 80s. But you know I think we can still pay for these good services that we need and still freeze or lower property taxes. We've got to find a way so that all of us can live here in Missoula, all of us can be happy. I'm an old-timer, an old gangster and I've never seen my rent this high. This is kind of scary and please please vote no on these new property taxes. I don't want to be forced to wonder am I going to have to move next year or find something else or do something else because you know the neighborhood I'm in it's very nice and I just pray that we can find a way to solve everything without raising these property taxes and everything so that everyone can rent and live here successfully in Missoula as I have for many years. Thank you.

Mayor Jordan Hess  Thank you sir. 

Clayton Shaya   My name is Clayton Shaya, s-h-a-y-a. I agree with our previous speaker 10% is a lot. And it's not just on the taxes. It's an increase of salaries in places where some of us don't see the benefit of the salary already. Mentioned the business area liaison or business area improvement and for the first time I really want more transparency. I'd like to know how much that person makes. Your liaison officer was kind enough to come to me with one of your police superiors and after having seven of my windows taken out of the Johnson last year and having my car sit on the street for over a month, getting absolutely zero help and very little compassion except for the old lady at abandoned cars, from the city about the situation. Pulling my car to the lot, fixing five of the windows, or fixing all seven windows. I had another five broken out and police wouldn't even chase the perpetrator. Just in this last month officer J. and the business area liaison officer were kind enough to come to me and also to fix every one of the windows in my car, and gas it up and do anything they could to make me comfortable to leave their town because I was agitating their homeless situation way too much by feeding a free food kitchen. By trying to make a positive example by showing up at every cleanup and helping to clean up. Straight, I don't think that deserves an extra 10% at all. I think the numbers on this budget should be clear as day and I'm not the most semantic computer person I've ever met in my life but when I try to dig them up on this stuff and I can't find them. I have been embarrassed before. Your Police Department and our inability to see what is even being voted much less get a chance to speak on it or vote is embarrassing.

Mayor Jordan Hess  Mr. Moore.

Bob Moore   Bob Moore again, m-o-o-r-e. I would like to express my thoughts about this budget more in the process than the dollars because I don't know exactly what the dollars, but I noticed that the Mayor's comments just a minute ago, he missed saying anything about the MRA. Money that the MRA spends? Why did you not do that Mayor? Someone said the MRA is spending about as much as a third of our budget. I don't know if it's true or not. Someone told me that. MRA one agency, but most of the money going to developers, banks and all that sort of stuff. I've heard people tell me that oh that's not nice but it's like saying it's not cash.  Not money. It is money and one way or another it gets to the taxpayer. Why do you not see that? Why do you not see that it costs, what does it cost to run the MRA operation in salaries and expenses and so forth?

Mayor Jordan Hess   Mr. Moore remember we don't do it back and forth here, but we'd be happy to if you get your questions out we can get them answered.

Bob Moore  Okay I didn't expect an answer if that's what you're saying. It was a way of making a point. You talked about it in that article something about it. I would love to know the amount of money that has been developed through TIFF. But really nothing but welfare to reduce the costs that this developer has to spend to get a project done. Do you see that? Why would you give this big expression and mention several things and not mentioned what is the money taxpayers are paying with TIFF. I went to the state in Helena a while back. I sat there and saw an elderly lady. I don’t want her saying that she was elderly, she looks elderly, and she was crying about trying to pay her taxes. But we got millions of dollars to give Stockman Bank. Stockman Bank’s got a balance sheet of several billions of dollars, income of hundreds of millions. They need it? Answer that question do they need that money? You're violating all or most of your Provisions in the MRA Guidelines. Your guidelines say you have to be satisfied that the person begging for the money needs the money. I didn't say wants the money, they supposed to need the money. I asked at the MRA meeting more than once what you were doing about that. Are you doing it, they're not following their own and they should be punished and kicked off the board and all the people that's responsible for this, and I don't know who all those are, but the ones that are saying to check to see if the person who needs it and I don't have to go see Stockman Bank to know that they don't need 2-3 three million dollars, whatever their welfare checkbook.

Mayor Jordan Hess  So you're a little over four minutes Mr. Moore.

Bob Moore  Make sure you time everybody else okay?

Mayor Jordan Hess  I was generous with you this time.

Bob Moore  All right, thanks.

Mayor Jordan Hess  Thanks, Mr. Moore.

Nicole Gomez  Good afternoon Mayor Hess, councilors. My name is Nicole Gomez, that’s g-o-m-e-z. I'm the Justice initiative Director for Montana Women Vote. As we did at the last public hearing we have another letter from a neighbor who's living unhoused, sharing their opinion on how the city should best invest funds to support folks experiencing houselessness.  I think it's important to note that this person was afraid of coming themselves because of past experience with law enforcement and they feared coming into,  walking in to speak to the body themselves unless they invite further attention. We continue to encourage you to seek out the voices and input of impacted individuals and to create accessible ways for folks both housed and unhoused to participate. 

Mayor Jordan Hess  I can take that from you. Thanks for bringing that.  Anyone else tonight? Mr. Dunlop.

Robert Dunlop  Robert Dunlop, 2316 West Venton. It would be very helpful if we could see some numbers, whether you could put them on the internet. Without seeing the numbers it’s hard to be critical of your work.  It’s senseless to even do it. I'll pretty much iterate what I said to you last year. A lot of the people that are paying the taxes are going to go to their savings account and they put those savings there by earning money, a lot and earned money at a rate a lot less than what you're paying your people. Without seeing the numbers I don't see how you can infringe on public safety either run the police or run the fire department.  It's not that they're golden and not to be touched but the public will never accept a reduction in their safety. There is an area that I think you should look at and that's Parks and Recreation. We have beautiful parks here. I hope you can maintain those parks but I do not believe on the recreation side that the city of Missoula should be sponsoring these four and five-day camping trips that are out of the county. I don't believe we should be in the daycare business. I don't believe we should be in the float business. There are people in town that have businesses that take your daycare. There are businesses in town that run float trips and if we have good parks people can supply their own recreation. I do hope that you'll make these figures available to the public. I'm also glad that members of the audience that rent realize that taxes are big cause of rent increases. We are all in this together. When you say you're partnering with the county, don't forget the city residents are contributing to the county. We're getting double-taxed. If you're a city resident you're really paying two times for some of these services. So thank you for your time. I hope you can somehow get that budget back down. Thank you.

Mayor Jordan Hess  Thank you Mr. Dunlop. At the end of the hearing tonight we’ll go over where the documents are located on the website as well. Anyone else in the room tonight? Ms. Pulley.

Barbara Pulley  Information that isn't being summarized in an easy form, someone is asked what is the total of our unhoused people and how much do we pay? Another issue that I had was,  is the Parks Department working out at Marshall Mountain which is a county property and not in the city of Missoula. The Parks Department should not be involved unless the county is reimbursing the city Parks Department. And another one that I've been missing the budget meetings I wish I could have gone is are we going to have a levy for the new fire station out there up by Mullen Road? Because I missed it and then is that something that's coming down the pipe or not. But from the previous meetings at the local government academy, I thought that was really something that was definitely needed and so I wasn't sure if that was an issue that you guys had already done.

Mayor Jordan Hess  It is and we can get you some information on that. Thanks.  Anyone else tonight with any comments? Okay I do have a few online and we'll come back to the room after the online comments. I have Jennie Vader. And you should be able to unmute now. Ms. Rehbein, could you preemptively put up the phone numbers just in case anyone needs them, and then we’ll go to Ms. Vader.

Marty Rehbein  I think I just unneeded my mic.

Mayor Jordan Hess Yes we can hear you now.

Jennie Vader   Okay sorry I wasn't available earlier. My name is Jenny Vader, j-e-n-n-i-e  v-a-d-e-r.  I live in the Franklin to the Fort neighborhood just a couple of blocks from the Johnson Street Shelter and I'm sure there's a lot to comment on in this budget but I hear a lot of community members bringing to the Council and to other forum the issue of houselessness and affordable housing in Missoula.  So I'm pleased to hear and support funding for the shelter, Johnson Street Shelter, this fiscal year but I would urge City Council to look into future years and sustainable solutions like contributing more to the Affordable Housing Trust Fund, fully funding the mobile support team for 24/7 service and designating a low barrier outdoor space with services. I think that funding these services could potentially actually come from the over $600,000 in security forces currently being paid for to police houseless folks including also the sweeps that are happening in camps. Also from funding from the Missoula Redevelopment Agency and ARPA funds. Hopefully, I can join Wednesday's meetings to learn more about all those that you mentioned. I just think these sound like sound solutions which are right at our fingertips and can immediately relieve suffering while working towards affordable sustained housing for more of our community members. So I urge my council members and City Council to look more towards these more compassionate solutions that can keep and make Missoula a better place for everyone to live. Thank you.

Mayor Jordan Hess  Thank you Ms. Vader. Next I have Cheryl Drake. Ms. Drake if you're unable to unmute I would just call attention to the phone numbers on the screen that you can dial in as well.  We can hear you now.

Cheryl Drake   My name is Cheryl Drake d-r-a-k-e and um I'm just at my wit's end. I think along with everybody in town, The first responders, they shouldn't even be having to ask for money. They're the heart of this town and the money is in the MRA and the TIFF Districts. That's the windfall. That's the only organization getting the windfall. And I don't know what it takes from the community to get you guys to listen. I mean it's turmoil out here. There's going to be a breaking point and so please start listening. I mean this insane. Thank you.

Mayor Jordan Hess  Thank you. Anyone else online tonight?  I'm not seeing anyone else online, anyone else in the room? Okay, so I'm going to close the public hearing. That is not the end of the opportunity to comment but what that does allow us to do is to start deliberating on the budget and so just again Mr. Bickell can you show for folks watching where to access the budget documents.

Dale Bickell  Yes give me one moment to show the county website. Gotta lean into my mic here. Before you on the screen is the City website that includes all of our budget information. This can be received through our main website. It's linked in the Finance Department in the FY 24 Budget and here you will find information, really good summary information related to the tax-funded operations, the general fund Road and Park District, in the document entitled The Year Budget Analysis. There is line item detail

expenditure budgets in the FY 24 lineup details. There is the FY mil levy computation is there that shows the change in the mil levies from the prior fiscal year and then below all of those things the various presentations that have happened, and below that those are all of the new requests that were requested and some of which were funded and most of which were not funded throughout the budget. This is continually updated by the Finance Department and it is up to date reflecting information for this meeting.

Mayor Jordan Hess  Thank you Mr. Bickell.  Any questions on that? Okay. That remains linked on the home page as well under the Government tab, there's an item under there as Budget that goes to the same page. Okay, so we've had a public hearing. As I mentioned we'll continue to have public input and we can now have any questions from Council. Any questions or questions and discussion tonight? Mr. Nugent.

Alderperson Nugent  This question is for Mr. Bickell. I think as people are looking through kind of the overall budget they'll see some of these larger funds and one of them that jumps out is impact fees and we have a large balance in impact fees and we're scheduled to bring in more than we're going to spend. Obviously, there are a lot of ways that we can and can't spend that so can you maybe explain why we're only going to spend $500,000 and what sort of things are really allowable or not allowable on that fund.

Dale Bickell  Yeah great question Mr. Nugent.  So the impact fees are restricted to spend on infrastructure, infrastructure that has at least a 10-year useful life. And those funds are only that pro-rated share that's attributable to growth. So it's only for those public infrastructure facilities that are available for new growth. The reason that the current budget only shows $500,000 in there is that all of those expenditures have to be approved by the Impact Fee Advisory Committee. Now in the Community Investment Plan that is also linked on the website and has all of the construction projects there are a number of projects that you'll see that are listed as approved and for funding it says to be determined and many of those to be determined are items that have to be approved by the Impact Fee Advisory Committee for funding before those actually go to Council for the approval of the construction contracts.

Mayor Jordan Hess  Follow up?

Alderperson Nugent  Thanks I was hoping you would get to the committee because I think a lot of people just assume that you can put it in a budget and spend it. What sort of things are we allowed to spend impact fees on? I know there's some infrastructure within departments like fire and then roads and things like that so could you maybe shine a little more light on that.

Dale Bickell  Yeah, new infrastructure, so the attributable growth could be 100% impact fee funded, and for an example, a new fire station, a new Fire Station 6 could be funded 100% with impact fees should there be enough impact fees to fund that. And then oftentimes we also do projects that actually have a growth component to them. So an intersection project where we are rebuilding an intersection but we're building additional capacity into that. Our engineers will actually calculate the added capacity and that pro-rated a share of that of that Improvement in an intersection could be eligible for impact fee. Those some examples. Same thing with parks. You can look at a park and look at capacity in a park and maybe even not by extending the acreage necessarily but if you are adding amenities such that it actually builds capacity for the park, that capacity piece would be impact fee eligible.

Mayor Jordan Hess  Thanks. Ms. Vasecka.

Alderperson Vasecka  Thank you, I don't have a question I have some comments.  First of all I wanted to thank everyone who did come down tonight. This is a very important discussion that affects everyone's year and so I wanted to thank folks who came down and commented on their feelings about what's going on. I have to say I'm disappointed that there's so few of you that came down. There's a lot of complaining going on the radio, emails, phone calls and come down here and let us know in person. Please do that because this is like I said, it's very important and we need to hear how this affects every individuals’ lives. Like this one gentleman said renters don't really understand. I'm a renter and I understand that property taxes are a huge reason on why my rent increases and I think that maybe landlords should send property tax bill with once a year just let them know hey look at this increase. So I just wanted to let folks know that it is not too late to comment. If you didn't want to come down tonight you can still come down on Wednesday or come virtually or next Monday on the 21st is the final vote and please let us know your thoughts. Because it's no secret that I disagree with a lot of the spending that my colleagues and the city spends their money on. So  I would really appreciate some backup, and that's all for now.

Mayor Jordan Hess  Thank you Ms. Vasecka. Mr. Jones.

Alderperson Jones  Thanks I just want to make a few comments. First of all yes thank you to everyone who came down. I really appreciate people taking the time to come down here and talk to us. This will be my eighth budget and for the great majority they get harder and harder every year because of the structural sideboards around our revenue and also around our expenditures, and providing the level of service that Missoulians want, which is having enough police to make sure people are feeling safe in this community and having enough fire personnel so they can arrive in time to actually make a difference and those right there are our two biggest budgets, hands down. So that's the majority of what we're talking about when we talk about the budget. We also get many many requests to do so much more, a lot of which we don't do but we do try and work on issues that are very important to this community. Housing is a big issue and we've worked very hard to try and build some capacity there. It's still a very small component frankly of our entire budget compared to many other big departments. So I appreciate all the background information from Dale and from Mayor Hess. I just also want to say that Wednesday we have a long Budget and Finance Committee and that is the opportunity for councilors to make motions to change the budget. The deadline on getting those motions submitted is noon tomorrow so please submit those and I'm trying to make sure we've got plenty of time scheduled to entertain that and have thoughtful discussion, and we can have staff queued up to answer questions. So just wanted to message that also. Thanks.

Mayor Jordan Hess  Thank you. Ms. Anderson.

Alderperson Anderson Thanks so much Mr. Mayor. I just wanted to point out one thing. I think a point of clarification that Mr. Bickell brought up in regards to impact fees and what they can and cannot fund. Just wanted to make sure that there wasn't any confusion around fire stations. Impact fees can actually build buildings. They cannot um provide personnel. And so that's why having the levy going out to the community asking them to continue to support Missoula firefighters and their increased capacity is not something impact fees can cover the costs of, or MRA can cover the cost of, it only can be funded through the general fund which as we have been talking about is continually limited. For an example I sat with Mr. Bickell and I did the calculations on my property that I own that has gone up. My valuation from last year to this year went up over $150,000 yet the amount of money that I will be paying into taxes into the general fund actually is going down. That's because we are lowering our mil rates. It is a very complicated math equation but that is just one example where I think there's a lot of misinformation out there. My overall taxes will go up because of the other things associated that I pay taxes for but the actual offering that my taxes go to cover the general fund which if you're looking at your taxes says like General Fund City it's the very first line item based on the mil calculation and the valuation of my property even going up, actually my contribution is going down. Just wanted to point that out and I think it's really important that we are really clear about what pots of money on what things because it is not similar to our households where whatever income we generate from whatever source can cover our bills. We have legal statutes about different funds and what they can and cannot fund. It’s one of the most surprising things I've learned on my time on Council. It’s like all of the constraints around the different funds and how we fund various programs in the city. So Mr. Bickell if you could be so kind as to confirm I have my understanding of impact fees can fund buildings but not personnel I would appreciate it and look forward to engaging in more conversation with my colleagues in the public and that there's plenty of opportunities this Wednesday, next Monday, you can always can send us an email at Council, at ci.missoula.mt.us or you can call and leave us all a voicemail. So look forward to hearing and engaging with our community members. Thanks.

Mayor Jordan Hess  Thank you. Ms. Sherrill.

Alderperson Sherrill  Thanks. I don't know if anyone's going to have this at their fingertips tonight but maybe if we could have it available for next Monday just the calendar of what we have done, when we started looking at the budget, the different presentations that we've had. I think it's really important because we get to these last couple of nights and there have been so many questions asked and so much work done and so many presentations I think it's just kind of a good reminder of the process. But I also think it's nice for our constituents to be able to see the date that we had different things in one format because you can go back and watch those meetings. I think that's really important. So if we can, that's just my request I guess that we add that to the agenda for next Monday night. I also just wanted to I guess piggyback on what the Mayor had said about City Club today. There was a fabulous presentation about property taxes. It was just today so I haven't had a chance to ask them to get it up on YouTube or some way but I'm really hoping they do because I would like to share it. We had Dan Bucks who is a Former Director of the Department of Revenue and he was kind enough to come and take his time and speak as well as Greg Hurts and Josh Slotnick. But this is my fourth budget and every year I go in and say I've got this, I understand this, and sitting there listening to Dan Bucks today I was surprised because I learned another facet of property taxes. Not necessarily the budget but how property taxes work. I thought he would come in and just be you know the graph guy because he's a numbers guy and he was very digestible and I just really hope people will watch that and I will have more to say on the budget next week.

Mayor Jordan Hess  Thank you Ms. Sherrill. Ms. Vasecka.

Alderperson Vasecka  Just real quick, I wanted to point out that on the minutes for the Budget and Finance Committee from last week at least and I'm pretty sure on the other meetings that if you have a specific amendment that you wanted to look at, the video recording time stamp is presented at that. So if you wanted to look at the resolution related to pooled special sidewalk stuff then you can go to the timestamp for 11:35, so that is noted on the minutes and so it makes it really easy if you don't want to watch the whole five hour long session. 

Mayor Jordan Hess  Thanks for highlighting that. Ms. Becerra.

Alderperson Becerra  Yeah I have a question about Engage Missoula and whether people can submit comments about the budget on Engage Missoula. There’s significant information about the process but I'm just curious to know if they can submit comments there and if so how do those get sent to us?

Mayor Jordan Hess  I believe yes, that’s our standard practice. I'm not certain how the Budget Page is set up. Those do get collated on a regular basis and we'll make sure they get included and I might need to follow up on specifics of that but that is our standard practice with Engage Missoula.  I don't have any additional hands up. Anyone else tonight? All right so we will have this back at 1:30 on Wednesday we'll resume the Budget and Finance Committee and we'll have this back for Final Consideration next week the 21st and thanks to everyone who came down to provide comment, and we will follow up with some of those specific items that some of you all asked for as well. With that we have two additional public hearings. Do we need a recess or do we want to power through? Power through? Okay so we can move on. 

9.2

This item has attachments.  

Final consideration of this item will be on August 21, 2023.

Mayor Jordan Hess  Our second public hearing is the Missoula Loft homes on Mary Jane. This is a major subdivision and we have Cassie Tripard  with our Staff Report.

Cassie Tripard  Let me get my slides shared.  All right you can all see that and hear me. Yes?  All right. I'm Cassie Tripard, a Planning Supervisor in Community Planning Development Innovation. Staff received an expedited subdivision request for Miramonte Homes, LLC represented by IMET Corp. The subdivision is called Missoula Loft Homes on Mary Jane Boulevard and proposes 54 Lots on 16.74 acres. Today is the public hearing and this item will be in Land Use and Planning Committee this coming Wednesday. The property contains two parcels located east of Flynn Lane near Hellgate Elementary School. The subject property is bisected by Mary Jane Boulevard. In the future O'Leary Street will run along the South Boundary. The two parcels proposed to be subdivided are tracks two and five of Certificate of Survey 6817. The site is already in city limits and the parcels are currently vacant and were last used for agriculture. The site is relatively flat and does not contain floodplains, surface water, or riparian areas. This is the first request with the City of Missoula for expedited subdivision review. The ability for a developer to request expedited review is in the Missoula City Subdivision Regulations and State Law. City Council has a 35 working day deadline to approve or deny the subdivision from the time the application is deemed sufficient. Subdivision does not have to go to Planning Board and the application does not have to include a primary review criteria report in Summary of Probable Impacts.  In order to qualify for expedited review the subdivision must already be within City Limits, comply with zoning and the subdivision regulations without variances. It must include plans for the on-site development of or extension to public infrastructure. This request meets all three criteria for expedited review.  A 54 lot subdivision is proposed to happen in six phases with platting deadlines ranging from September 2025 to September 2039.  162 dwelling units are proposed and the dwelling units are planned to be a mix of multi-dwelling and detached house building types. Visually multi-dwelling buildings may look like townhouse building types. The subdivision includes 3.24 acres of parkland dedication and the park is proposed to be dedicated to the city as a public park. So expedited subdivisions are not required to include the primary review criteria report. The review for expedited subdivisions includes compliance with zoning and the growth policy provision of adequate infrastructure and utilities, existing hazards and Parkland dedication. The property is zoned B2-1 community business.  Parcels to the South have the same zoning and are currently vacant. To the North is a parcel in the County zoned neighborhood residential and Hellgate Village which is on B2-1. To the West Parcels are zoned rural residential, small agriculture in the county, and to the East is Hellgate Special District. No changes to the existing zoning are proposed. In 2019 the subject property under run growth policy amendment and rezoning to B2-1 community business. This zoning District allows all residential building types as well as some commercial and some limited industrial uses. The B2-1 zoning district does not have setbacks unless a parcel abuts a residentially zoned parcel and the maximum height is 40 feet. The permanent density is one dwelling unit per thousand square feet of parcel area which would allow 717 dwelling units. However, when the property was rezoned in 2019 the applicant put forward a development agreement that was approved by City Council. This development agreement restricts the parcel beyond the standards of the B2-1 community business zoning district. At the time of the rezoning and growth policy amendment this was a large tract and there wasn't a fine-tuned development plan. The rezoning included Hellgate Village to the north in the area between this subdivision in Mullen Road.  The development agreement includes this map and this map is oriented so that North points to the right and the subdivision area is outlined in blue. The subdivision must substantially comply with the development agreement.  The development agreement includes Area A and Area B. Each have different density restrictions. Area A allows 14 dwelling units per acre and Area B allows 21 dwelling units per acre. Overall the proposed 162 dwelling units complies with the densities allowed by the development agreement and the development agreement restricts the density to about less than half of what would normally be allowed in the B2-1 zoning district. Multi-dwelling buildings are limited to 16 units per structure in order to better align with the existing form of the neighborhood. The development agreement shows a park as well as connections to the existing road network and this park is crucial because it will provide open space to the broader neighborhood which is in need of more parkland.  So per the preliminary plat proposed development plan you can see the smaller single dwelling lots are located in Area A which has lower density requirements and multi-dwelling buildings are located in Area B which allows higher density. Road connections and park placement and size match the development agreement as well. In 2019 when the property was rezoned it fell under the city of Missoula 2035 growth policy. At the time it was amended to have a neighborhood mixed-use land use designation and then in 2020 City Council approved the Swetkucna neighborhood's master plan. This master plan became the applicable regional plan for the subject property and replaced the previous land use designation.  Despite the new plan the subject property was not rezoned in compliance with the master plan. The Swetkucna master plan shows a community center neighborhood unit type. Zoning districts that would comply with this neighborhood unit type allow a mix of residential building types including detached house, townhouse, and multi-dwelling and the uses allowed by the _____-based code which would normally apply are similar to those permitted in B2-1. So even though the zoning doesn't comply with the applicable regional plan the proposed development generally aligns with what would be recommended by the plan. The subdivision includes the continuation of several existing streets that currently end at the property. Mary Jane Boulevard primary improvements which include drive lanes and curb and gutter were constructed with the Mullen Build Grant. Secondary improvements which includes parking lanes, bike lanes, boulevards and sidewalks will be funded through the Swetkucna area Special Transportation Impact Fee but installed by the developer. Mary Jane Boulevard will also include street lighting. Improvements to O'Leary Street are required with the subdivision. There are potential developments located south of the subject property which could install O'Leary Street first. Staff recommended condition of approval requiring the subdivider to install improvements unless they are installed by others first and if they are installed by others, staff's recommended condition of approval requires an executed late conference agreement. The subdivision includes the continuation of Flanagan Lane, Killarney Way, and Geary Lane. Road A and alleyways are proposed to create additional connectivity and half street improvements to Flynn Lane are required. Waste disposal and City Water and Sewer are available to the site. The application packet includes plans for waste disposal and sewer and water in compliance with state and local regulations and the water main in Flanagan Lane and Flynn Lane north of Flanagan needs to be upsized for greater capacity. Staff recommended condition of approval requiring the subdivider to enter into a utility upsize agreement with the city of Missoula and the application packet also includes plans for grading, drainage, and storm water. The city subdivision regulations require the subdivision to dedicate 1.56 acres of parkland and the development agreement shows approximately twice as much parkland as is required by the Sub-regs. The subdivision proposes 3.24 acres of parkland which complies with both the regulations and the development agreement. The subject property does not contain steep slopes, surface water, floodplain or any other known hazards. The property is within the airport influence area and is subject to the airport influence area resolution. This resolution requires a navigation easement and notification on the plat of the associated risks. There are 17 recommended conditions of approval. I've tried to summarize them in this slide.  The conditions require installation of all planned infrastructure including utilities, fire suppression, storm water, roads, alleys, and sidewalks. For Mary Jane Boulevard this includes just the secondary improvements with that amendment to the existing right-of-way agreement to cover crediting ,offsets or reimbursement. There is a condition for installation of street lighting on Mary Jane Boulevard. For O'Leary Street, like I mentioned, the condition includes latecomers agreement, if those improvements are installed by others first. A condition of approval covers the requirement for an SID and an SILD waiver on the plat for Flynn Lane and O'Leary Street. Naming is required for Road A and the alley providing access to lot 32 prior to final plat approval and naming of this alley is necessary for emergency services. The subdivider would be required to pay the Mullen Build Water and Sewer Special Development fee applicable to this area and another condition covers the upsize agreement with the city for the water mains that do not have enough capacity in Flynn Lane and Flanagan Lane. A recommended condition of approval requires the park to be dedicated to the city and for the developer to provide improvements such as creating, application of topsoil, irrigation tree installation in the park and on adjacent boulevards and sod. Boulevard landscaping plans are required as a condition of approval and the condition requires the covenants to include a statement describing private property owner, boulevard tree installation and maintenance requirements. And last recommended conditions of approval require a navigation easement and notification on the plat for the airport influence area resolution. Staff recommend approval of the Missoula Loft Homes on Mary Jane Boulevard subdivision preliminary plat subject to the recommended conditions of approval based on the findings of facts and  conclusions of law in the staff report.  And that concludes staff's presentation. I'm here for questions as are the applicants representatives. Thank you.

Mayor Jordan Hess  Thank you. On behalf of the applicant you're welcome, I'm sorry, oh we'll get to that in just a moment Ms. Pulley.  On behalf of the applicant would anyone like to make any remarks?

Joe Dehnert  Yes please. Can you all hear me? Great.  My name is Joe Dehnert. I work at the IMEG office in Missoula and we are representing the applicant Miramonte Homes,  LLC. I'm joined by my co-worker this evening Danny Oberweiser, who's joining remotely as well. First off I just want to thank all the council members this evening. I see some rubbing of faces I know it's been a long meeting you guys have listened to a lot so I'll keep this relatively brief. One of the things I wanted to highlight on, you know Cassie did a phenomenal job. I just want to point out one of the nuances on really why we're subdividing here. I don't know if that's heading off a question that one of you all may have already had, but traditionally when you're looking at a forerunner lease project on large parcels of land you get a max out of the density and you submit for building permit and you get to avoid some of the subdivision review. But as Cassie mentioned in her presentation, the presence of that development agreement that amendment to

the growth policy and the development agreement, that happened I think it was on the 50 plus acres maybe 55 acres for this whole area, stipulated road networks and that larger parkland. So when we were originally discussing this with the city you know the developer obviously sees the need out here and wanted to bring these to fruition as soon as possible so with the activity area requirements typically associated with multi-family that aren't required when you subdivide combined with the sort of predetermined layout, it made a lot of sense to take advantage of the parkland that we were already going to have to dedicate as part of this project and make it go towards our parkland dedication. With that as well one of the you know added bonuses of really being in a great place for development is we didn't identify any variances. And like Cassie said this is the first time that this has come through in the City of Missoula and the city did a phenomenal job. I do just want to take a moment to thank everyone at CPDI for turning around a quick amended expedited review application. I know it was it was probably challenging to throw that together because we aren't subject to the traditional review but also with the subdivision we were guaranteed these review timelines and you know sometimes development proposals can oscillate and kind of get put on the back burner depending on what's in the queue but that was another reason why subdivision here made sense. As Cassie mentioned we are variance free, there's no variance from the regulations throughout the proposed development and really the edge to center where you have the lower density on the periphery and then you're getting the higher density in the in the center of the development we believe not only makes a lot of sense out here for filling some of the unit needs and the housing needs of the greater community but also it aligns with the adjacent development and I think that's an important part to consider here is you're transitioning from a lot of the more single-family detached with garages in the rear to basically a mirror development style along the edge with those road connections and then you have those row homes or connected townhomes multi-family buildings in the center of the development. We think this will definitely fit into the character. There might be questions that come up regarding why this development fits and I'm here to answer any of those questions and provide context as I'm able. But thanks again to City staff for the thorough presentation. Thanks again to everyone on the Council for being here and listening and if you have any questions Danny or myself will hopefully be able to answer them. Thank you.

Mayor Jordan Hess  Thank you and with that we'll open the public hearing so you're welcome to come up and give comments or get your questions into the record. Ms. Pulley.

Barbara Pulley   The subdivision is probably great but I look at the overall thing what are you doing for the schools? I mean Hellgate Elementary is overrun now. You're talking 167 units, housing units here and there's 612 coming down the pike I mean how many children are you guys estimating are going to have to be bussed to other schools or what's going to happen? That's all I have.

Mayor Jordan Hess  Okay thanks so what we'll do is we'll take all the public comment and then if a council member wishes to get your question answered we'll do that. So anyone else for public comment.  I'm not seeing anyone else in the room. I've got two online, first Mr. Larson.

Matts Larson   Yes Matts Larson, Ward 3. Given that this is the first time the City Council has seen this expedited approval for development I think that we should take this very cautiously and possibly deny this just because it's not really meeting any of our current housing needs per se. It's more so high-end or medium income housing which isn't necessarily a priority right now for our community. It does look like there is some greater impacts that need to be studied in the area with the school and with traffic flow of Reserve, a bunch of different things so I think we should be apprehensive to approve this in general given the current climate of our housing market here. Just you know a rubber stamp on a 160 units very quickly without all the calculations normally made is pretty drastic. Okay thanks.

Mayor Jordan Hess  Thank you Mr. Larson. I have William Hayden next. 

William Hayden  Is it unmuted now? Sorry I have sort of a detailed comment or question and unfortunately it makes more sense if you're looking at one of the attachments. On the website on Attachment 10 the supplemental documents on the back page you can actually see where the proposed buildings in these lots are going to be and in most cases throughout this development it looks like there's a you know a moderate to good separation between where the new development is going to interface with the existing development except for on the extreme right-hand Eastern side of the development Lots 1, 2, and 3  those are basically right on top of an existing house and you know full disclosure it's my house. I think at this point it's probably early enough to where there could be maybe some sort of a setback of those garages looked at and I believe that Mr. Dehnert was one of the ones who was at the meeting that we had on Mary Jane Boulevard back several months ago. At least you look familiar. We did talk about that briefly but I don't think that's actually gotten on the record so that's why I joined the meeting today. That was one of my comments. Certainly the garage for Lot 1 is just right on top of my house and then Lot 2 is extremely close to the excuse me to the yard and Lot 3 I kind of understand why that garage would be more difficult to move because it's hooked to the one on Lot 4, but there will be a problem sort of sharing the same driveway on that one. So that was my comment. I have some additional things that maybe I will follow up with my council members on but that's my comment for this evening. Thank you.

Mayor Jordan Hess  Okay thank you and just to confirm those are off of Geary Lane on the bottom right of the exhibit.

William Hayden  Yes that's right, where Geary Lane  starts to make the angle there you can see it at the bottom of Geary Lane there. Move your arrow down a little bit.

Mayor Jordan Hess  And to the right to the far east correct?

William Hayden   To the left wait a minute where are you, yeah well over to the right side of the document move your arrow all the way to the right side of the document. Okay that's my left side.

Cassie Tripard  Yeah I was just unmuting, I think it is there might be a delay in my arrow but yes.

William Hayden  So that's Road A that's not Geary Lane.

Mayor Jordan Hess   Cassie if I'm able to share I think I can zoom in here.

William Hayden  So anyway what we're talking about here there are Lots 1, 2, 3 there you go, right there. You can see particularly with Lot 1  how close that garage is right to my house and then Lot 2 it's just right off the corner of my house and then Lot 3 and my house would basically share a driveway. But I think with Lots 1 and 2 there's no real need for them to be there other than that they're parallel with all the other garages. They could be moved up a few feet. Okay.

Mayor Jordan Hess  Thank you for that.  Okay I don't see any additional comments online. Is there anyone else in the room care to make comments? Okay so with that I will close the public hearing and we'll take questions from Council members. Ms. Jones. Alderperson Jones  I'll just follow up on the school issue. I know that Barbara had asked about the school issue and we were gonna, hang on a second don't leave, Cassie can you just tell what Montana state law is first of all regarding land use development and how the factor of schools is taken into account and then I'll have a follow-up question on what our practice is for notification.

Cassie Tripard  Yeah so Montana state law does not allow for subdivisions to be denied

solely based on school capacity and impacts to schools.

Alderperson Jones  Okay follow-up and then I think as a practice though over the years we have notified MCPS and have the developer do it and also Hellgate Elementary but based on comments that we had in committee last week I think considering the huge growth happening out in the Swetkucna area there is room for improvement to create a little bit more structure and that will be possibly addressed in code reform but can you just talk about how, what our practice is for notifications of schools at this point, so this is taken into account.

Cassie Tripard  Yeah, so during sufficiency review which is the phase of the process where we're still looking at the application before we get it on a public hearing calendar the developer is required to send out the application packet for review to everyone on an agency list that we have. That includes the schools so that's sent digitally and a hard copy is also mailed, letter notifying them of where to find the pocket so that they can provide comment.

Alderperson Jones  Thank you.

Mayor Jordan Hess   Okay thank you. I have Ms. Jordan next.

Alderperson Jordan  Thank you can you guys hear me okay? Mr. Dehnert I’m just curious if you can speak to whether or not any of these units are going to be  permanently affordable and why or why not. Thank you.

Joe Dehnert   Absolutely, Joe Dehnert.  I'm assuming everybody can still hear me and I don't think I spelled my name when I first said it so it's d-e-h-n-e-r-t.  Great question Ms. Jordan. Right now there are no plans for permanently affordable units associated with this subdivision. Why not? We reached out to the developer because this is a question that often comes up and you know they specialize in this product type but more importantly they see the demand for this product type and you know to Mr. Larson's point um regarding affordability because I think it's tangential here not every project is going to have an affordability component. However, increasing supply is A, beneficial but B it alleviates pressure throughout the market. So although there's not a direct affordability or permanent affordability component with the subdivision we do believe it is beneficial for Missoula as a whole.

Mayor Jordan Hess  Thank you Mr. Nugent.

Alderperson Nugent  Thank you Mr. Mayor just to add a little bit more information to Ms. Jones questions we will be at some undetermined point down the road in LUP  discussing the whole subdivision’s impact on schools but we're going to let staff do a little bit of research on some of the questions that were asked in this hearing or in a different hearing this past Wednesday and we're going to make sure to have that conversation outside of the approval of any specific subdivision because some of the stuff we're talking about really isn't, as we understand it, what we use for review criteria right now. So um we will have a little bit more of an educational conversation in the coming months on this.

Mayor Jordan Hess  Thank you, Ms. Farmer.

Alderperson Farmer  Thanks, I was just wondering maybe if Mr. Dehnert or Ms. Tripard could shed some light on Mr. Hayden's question about Lots 1 and 2 and maybe the decision that went into that.

Joe Dehnert  Yeah absolutely. Cassie if you're okay I can take a stab at this, I think it's fitting. So I just want to clarify his comments and concerns are valid but what is shown on the site plane he's referencing, those buildings and garages are completely conceptual. Everything that will be built on these Lots must be zoning compliant and it'll be reviewed prior to building permit. So although it does look like they're bleeding over into the line,  that's more of a line work for representation and not a regulatory drawing at this point or what will be on the ground per se.

Mayor Jordan Hess  Thank you, do you have a follow-up? Okay. Ms. Becerra.

Alderperson Becerra  Thank you. Mr. Dehnert you mentioned we're rubbing our faces assuming it's late, it's only 8 p.m. and we've been known to have meetings until 3 a.m. so it’s a piece of cake here.  Just wondering what the public process has been or engagement with the neighborhood.

Joe Dehnert  Sorry I thought you said me but I could totally be overstepping here Cassie you can take it away if you prefer.

Cassie Tripard  So in an expedited review there are less notification requirements. That being said we went ahead and did full noticing anyway, so while posters and letters to neighbors were not required under the expedited process we still posted the site, sent out letters, had a legal ad which was still required and then Joe I believed there was still a neighborhood meeting. Yes?

Joe Dehnert  Yes and in fact for this particular project we had the in-person neighborhood meeting and whenever we sent out the notifications we got a lot of requests from folks in the area basically saying, hey I don't want to come out and stand on the property. Or hey I can't make it for X Y and Z reasons and we reached out to City staff and basically said hey could you interpret the regulation as allowing remote neighborhood meetings for people that can't quite attend and they said yeah we'll consider it but we decided to actually host a second neighborhood meeting so to answer your question we hosted the required one on-site and then an additional one and the feedback was really good. And we really enjoyed hearing from the folks that got to make it to both of those meetings and we've included those comments in our packet but the thing that I would say really the line that was consistent throughout both meetings was loving the park design, having that parkland be really a big component of this development and then also seeing the  mix of the detached and the more traditional row homes. Those were two themes that persisted through both and we got to hear some pretty supportive comments in both of those meetings. So great question and thank you for letting me answer.

Mayor Jordan Hess  Thank you, Ms. Anderson.

Alderperson Anderson  Thank you so much I appreciate Mr. Dehnert the kind of clarification on the concept, that it's a drawing to just sort of approximate. Ms. Tripard what is the setback requirement in the particular zoning that referenced question was for those particular lots?

Cassie Tripard  For the zoning district there are no setbacks because it's a business district unless it abuts a residential zoning district. I'll need to look more specifically into that particular abutting lot just because a lot of Hellgate Village. or sorry just Hellgate Special District is considered residential. So I can follow up with that for Wednesday to see if those two lots specifically will have a setback.

Alderperson Anderson  Great thank you so much Wednesday is great for follow-up. Mayor Jordan Hess  Thank you. Anyone else with comments tonight? Questions? Ms. West.

Alderperson West  I think I just have an informational request that's tangentially related for Wednesday. I think it would be helpful to know who sets school boundaries. I think they're set at the state level but I don't, that is well outside of my realm of expertise and I think it would be helpful just because Hellgate and Swetkucna were both mentioned and it would just be great to have like a one sentence explanation of where these boundaries come from and why they maybe don't flex population as much as we would expect.

Mayor Jordan Hess   Mr. Nugent.

Alderperson Nugent   Yeah we'll include that in that conversation I think that's a good question great.

Mayor Jordan Hess  Excellent. I don't see any further questions so we will have this

back at 11 o'clock, Land Use and Planning Committee at 11:00 and we will take it back up then.

The City Council will hold this public hearing open until they take up the item for final consideration on August 21, 2023.

Mayor Jordan Hess  We have one final public hearing and this is our Street Lighting Improvement District assessments for fiscal year 2024 and we have Marty Rehbein with our staff report.

Marty Rehbein  Council members my name is Marty Rehbein, I'm your city clerk and I am bringing forward to you for your consideration this evening the city's Street Lighting District assessments. Ever since the city has had street lights we have had street lighting districts to pay for the cost of the electricity to turn the lights on. And so this year I'm bringing to you the resolution that levies all the assessments for the various lighting districts located throughout the city. This year we got some bad news. NorthWestern Energy announced that they are seeking a 19% rate increase in electricity rates and have put forward a case before the Public Service Commission. So the city staff worked really hard on these assessments to try to reduce the impact to taxpayers and so we're doing a few things I wanted to talk to you about in order to stave off a 19% increase in this particular District.  So City Administration looked at our fund balance for this particular district and we are recommending that City Council put $73,5000 toward reducing the impacts of that projected rate increase. We are also looking at applying another year's worth of savings from the LED conversion that happened in the city limits. The first year that we had the LED lighting the city wanted to look at whether it would be possible to address some of the gaps in lighting that you see from house to house and block to block throughout the city. But after a year's analysis Public Works and Mobility Department determined that the savings that had accrued in each of these Districts was not sufficient to address gaps in lighting and so therefore we are proposing to use the second half of those savings that were created in that first windfall year to reduce the impact of the tax increase. So last year's assessments for street lighting were $285,645.30. And this year we are looking at assessments of $269,457.00.  That reflects a 6% overall increase in lighting District costs this year and I think the city is looking at doing a continuing application of fund balance in future years in order to reduce the impact of any rate increases that we might see come to fruition. I am here to answer any questions if you have them.

Mayor Jordan Hess  Thank you Ms. Rehbein. I will open the public hearing on the street lighting districts first if anyone wants to comment. Seeing no one in the room or online we'll keep this public hearing open and take questions from Council.  Seeing none. We'll hold this open until our Final Consideration next week take it up at that time. Okay we have no further public hearings tonight.

11.

  

12.

  

Mayor Jordan Hess  I want to celebrate that today the amazing youth plaintiffs in Held  versus the State of Montana won in District Court with Judge Kathleen Seeley and this was the first time that a case like this went to trial in the United States and it is really a significant victory for the youth in that case. It acknowledged our constitutional right to a clean and helpful environment in the State of Montana and our need to act on climate and it's a really good piece of business. The plaintiffs, there were 16 of them I believe, they ranged in age from five years old to I think the oldest one is in her mid-20s now,  and just an incredibly brave group of young people standing up and taking that case to court. Three from Missoula, Grace, Micah, and Olivia and I want to congratulate the three of them for their bravery and for their victory. I'm sure this is a story that will wind its way through the courts but Judge Seeley's findings of fact and her order were pretty a pretty good read and really made the issues pretty digestible and I think this is really something for us to celebrate from a climate standpoint.  Wednesday's also the one year anniversary of the Inflation Reduction Act which is the biggest piece of policy of course to come about in terms of climate action at the federal level ever and I want to thank Senator Tester for his involvement in getting that over the finish line. The Inflation Reduction Act creates new pathways for cities to become more and more sustainable and we just have a ton of exciting opportunities ahead of us so I want to take a moment to celebrate that and look forward to talking about some of our climate work on Wednesday. Lastly I want to just acknowledge that the City of Missoula lost a giant a year ago tomorrow in our friend and colleague John Engen, John was a friend and a mentor and a colleague and a leader in our community. He had the biggest heart. When he was undergoing chemo we lost our dog and John in his selfless way in his way sent us dinner you know and he can barely lift his head after chemo and that's who he was.  Someone who cared about other people before he cared about himself and he lived his life that way and he served our community that way and I missed the guy every day. He was selfless. He was thoughtful. He was compassionate. He was wildly intelligent. He was quick-witted and he could make you laugh about absolutely anything and I am blessed to have known him and to have worked alongside him and I just will be forever grateful for what John gave our community. But what he gave me personally as well. So with that we can do Council Comments starting with Ms. West.

Alderperson West  I just want to thank everybody who works in the background of the Western Montana Fair to pull off a pretty amazing event this year. I've probably spend more time at the fairgrounds this year than I ever have and I know it wasn't seamless but I think most of us that attended didn't notice any, yeah it seemed like a really smooth well-planned and safe event. I just want to commend everybody who made that happen.

Mayor Jordan Hess  Ms. Farmer.

Alderperson Farmer  Yeah I was just going to do a friendly reminder that we are still in the middle of fire season so although we may have had a little reprieve the last couple weeks there are still 35 active wildland fires statewide so just remember to be diligent and pay attention to restrictions.

Mayor Jordan Hess  Ms. Jones.

Alderperson Jones  First of all thank you for talking so beautifully about John Engen. He was a huge part of Missoula in so many ways. I've been missing him a lot lately also, so it's been quite a year and I think Missoula is moving forward but for people who were able to work with him or get to know him he was an incredible, incredible public servant. The second thing I wanted to say was yes the Held versus State of Montana ruling was a delightful piece of news today. Grace Gibson Snyder is a Missoulian. She was one of the plaintiffs and she was on our Energy and Climate Team one of our first youth appointees. She added a lot to that team. So anyway I would say the ruling will be appealed. I'm not quite sure what the time frame is on the appeal but this isn't done yet, but it's a really good step forward.

Mayor Jordan Hess   Ms. Becerra.

Alderperson Becerra   I'll pass thanks.

Mayor Jordan Hess  Ms. Sherrill

Alderperson Sherrill  I think Ms. Jones and the Mayor said the things that I needed to say so I'll pass.

Mayor Jordan Hess  Mr. Contos.

Alderperson Contos  Yes, thank you. You know as I get a little bit older as we all do and start thinking about things a little bit more seriously, I came across something this morning that was a real eye-opener for me. I remember when we got our first child. It was obvious as I was going through the grocery store buying stuff the checkout guy says, is this your first, I was excited oh yeah yippie kai ay. He said take lots of pictures because it goes quick. And I read something this morning that was talking about just a reminder that 75% of the time you'll get to spend with your kids is over by the time they're 12. And 90% of your time with them is gone by the time they're 18. Spend your time wisely. It does go very quickly and I'm thankful that God blessed me with three great kids and I was able to spend some good time with them. Of course looking back you can always say would have should have, but just a reminder. Thank you.

Mayor Jordan Hess  Thank you. Ms. Vasecka.

Alderperson Vasecka  Thanks. John just striked up something in my brain my dad always said that be very mindful of your kids because they're only useful for two years, I think it was from 10 to 12, because then they want nothing to do with you. But that wasn't what I was going to say tonight. I wanted to echo what Ms. Farmer said about fire season. It is very much in the dire straits right now especially with Hawaii. I have a buddy there and there are friends of his missing and it's a really dire situation. So as much as thoughts and prayers can go out I will be sending them. I also wanted to put a focus on 9:00 on Wednesday during the Housing Redevelopment and Community  Programs Committee. We will be discussing the Johnson Street contract so anybody who has feelings or concerns or questions about that please come, 9:00, either virtually or here at 140 West Pine Street. Thank you.

Mayor Jordan Hess  Mr. Carlino.

Mayor Jordan Hess  Ms. Savage.

Alderperson Savage I’ll pass thank you.

Mayor Jordan Hess  Mr. Nugent.

Alderperson Nugent  Thank you Mr. Mayor. I would just echo Ms. West's comments about the fair. I continually amazed at what a good job the county has done in rehabbing that whole grounds and just making it such an event that people can be at. The community comes out. I actually ran into my fifth grade teacher there and I was able to talk to her because my son is starting fifth grade this year and John made me think of this because he's trying to make all parents on Council cry. It doesn't seem necessary but it's just a good reminder that when community dollars are invested well we can create good things and I think that that's a good example of that done well and trying to reach a lot of different people. I would echo Ms. Sherrill’s comments earlier about City Club. The presentation was actually great. There were three panelists. They were all interesting. Mr. Bucks in particular had good information. Mr. Slotnick was very informative and also kept well within his time limits which is you know a good thing for the commissioner and Mr. Hertz had good information as well, Senator Hertz. So I believe that will be on the MCAT Facebook page so that people can go look for it. They were filming it today and I just think it's a good reminder to kind of pay attention to this and the Mayor does talk about how our system is broken and it certainly is but one thing that Representative Thane and others have said over and over again there was a an interim study prior to last legislative session and I'm going to get the percentages slightly wrong but the whole number is kind of shocking that across the nation the average tax revenue for a local government that comes from property taxes is something like 72% and in the state of Montana that number is 99 There are no other tax revenue sources that fund local government. So you know when we hear people say it's fundamentally broken that's what we're talking about. I wish that there were more of the people who are commenting to kind of hear some of those thoughts but it's a tough system and it's one that you know it feels like we're doing the best we can every year to kind of move things and find things and make this work but it's on a course that doesn't end well, with inflation and the way things are capped. So it's just something that we really need to pay attention to and we really need to continue to put pressure on the state legislature to try and solve this problem.

Mayor Jordan Hess  Thank you Mr. Nugent. Ms. Jordan

Alderperson Jordan  You both covered what I want to talk about. First of all the anniversary of our great Mayor John Engen. I missed him is very much as well. And also the Held v Montana ruling it's a game changer and I look forward to seeing other states following suit and the follow-up from Held v Montana and Ms. Jones is correct, it's going to be appealed but the fact that it was found in favor of the Held was incredible and it gave me goosebumps and tears today, so I'm really excited. Thank you.

Mayor Jordan Hess  Thank you. Ms. Anderson.

Alderperson Anderson  Yeah thanks so much Mr. Mayor. Yes, I echo the sentiments and excitement around the Held case and I think that we also need to thank all of the Montanans who came together 51+ years ago and crafted our constitution. I spend a lot of time in my other capacities talking about like the lay of the land in Montana and how it compares to other states and I continually say that we have one of the most amazing state constitutions and the story of how it was written by everyday Montanans. And if you haven't had a chance to read it I would encourage you to do so. But enshrined in that Constitution is the right to a clean and healthful environment and that is the basis in which this case was argued on. It was what the judge found in favor of. I am hopeful that as it works through the appeals process we will continue to have judges who will uphold the Montana Constitution and the rights that is enshrined, a clean and healthful environment isn't necessarily just like the pretty things. It is you know the right to clean air and clean water which are the fundamental building blocks of we as humans and our cellular DNA. We often don't understand kind of where things get us to but are in kind of the history that led us there and today with I think the Chinese resolution earlier in the agenda and then talking about Held, and you know referencing it back to the  Constitution, it's a good little reminder of you know the history that led us to where we are today. I just think that you know we continue to acknowledge and need to acknowledge the impact that climate change is having on our day-to-day lives and it is very forefront I think for folks right now because of the tragedy that happened in Hawaii. It's just truly, truly heartbreaking just see the pictures of the fire and how quickly and the stories and if anyone, I would encourage folks to give to you know Maui United Way, the Maui Humane Society as a pet lover. The story is around people having to flee with their pets or not being able to get to their pets is just gut wrenching and heartbreaking to a level which is really hard to fathom as somebody who has furry children. So I just encourage people to give if they can and to take warnings and fire seriously as Ms. Farmer  said. There are still many active fires that's why I'm not with you tonight it's because I'm up with my mom and her house is under pre-evacuation notice and to take all of those things, and it can move fast, and notices and warnings, they would love to be wrong and it would be a blessing if people got it wrong and you took the proper

precautions and didn't need to versus the tragedy on the other end.  I too have spent quite a bit of time thinking about late Mayor Engen and what a truly unique and wonderful human being he was and I often think gosh I wish I could ask him right now and I truly miss him dearly and it's really hard to fathom that it's been a year that he's been gone and I too like Mayor Hess have many stories about him when he was so incredibly sick just sitting there kind of  BS-ing with him and there's this whole long story about these like particular cookies that you get in Seattle and they are my absolute favorite and one day I'm sitting there and he's very ill and not leaving his chair and he's like go behind the box, go behind the other chair there's this box, I'm like you need me get something for the box for you. Okay fine fine. I go and I open up and there's this giant box full of boxes of these cookies and that's just who he was and his caring generous spirit I think is sprinkled throughout the fabric of Missoula and it will be something that I will continue to carry with me and yeah I really miss him but consider myself so incredibly blessed that I got to know him as I did. Thanks so much, everybody. Have a lovely evening.

Mayor Jordan Hess  Thanks so much Ms. Anderson. We have no further Agenda items. I'll highlight our standard administratively approved agreements report for your bedtime reading and we'll be adjourned.

15.

  

The meeting adjourned at 8:49 p.m.

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