Journal of Proceedings

Missoula City Council

Monday, August 28, 2023 at 6:00 P.m. - 7:00 P.m.

Council Chambers (in person) or TEAMS (virtually)

Attend in person: City Council Chambers, 140 W Pine, Missoula MT

Members Present:

• Daniel Carlino, 
• Sierra Farmer, 
• Gwen Jones, 
• Kristen Jordan, 
• Mike Nugent, 
• Jennifer Savage, 
• Amber Sherrill, 
• Sandra Vasecka, 
• and Heidi West 

Members Absent:

• Stacie Anderson, 
• Mirtha Becerra, 
• and John P. Contos 

Administration Present:

• Jordan Hess, Mayor, 
• Ryan Sudbury, City Attorney, 
• and Marty Rehbein 

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1.

CALL TO ORDER AND ROLL CALL

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

2.

APPROVAL OF THE MINUTES

3.

PUBLIC COMMENT - NON-AGENDA ITEMS

4.

ANNOUNCE COMMITTEE MEETINGS, COMMITTEE MEMBERSHIP APPOINTMENTS AND CHANGES TO COMMITTEE AGENDAS

5.

CONSENT AGENDA

• AYES: (9)	Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, Alderperson Vasecka, Alderperson West, Alderperson Carlino, Alderperson Farmer, and Alderperson Jones
  ABSENT: (3)	Alderperson Anderson, Alderperson Becerra, and Alderperson Contos

  Vote result: Approved (9 to 0)

5.1

Accounts Payable (claims) for checks dated August 29, 2023

BF

• Approve accounts payable in the amount of $1,817,864.49 for checks dated August 29, 2023.

  Vote result: Approved

5.3

Memo of Understanding for the Wye Infrastructure Plan

PWM

Aaron Wilson

• Approve and authorize the Mayor to sign the Memorandum of Understanding for the Wye Infrastructure Plan.

  Vote result: Approved

5.4

Lease Agreement with Burnt Works Customs for 1359 W Broadway

PWM

Logan McInnis

• Approve and Authorize the Mayor to sign a lease agreement with Burnt Works Customs for the 1359 W Broadway property at a cost not to exceed $1,000 a month for a year.

  Vote result: Approved

5.5

Radio Upgrade Project – Interlocal Agreement Between City of Missoula and Missoula County

PWM

Ken Hughes

• Approve and authorize the Mayor to sign the Radio Upgrade Project – Interlocal Agreement between the City of Missoula and Missoula County for a total not to exceed $852,600.00.

  Vote result: Approved

5.7

Appointments to the City Board of Adjustment

LUP

Jordan Hess

• Confirm the Mayor’s reappointment of Patrick Bridegam, John Newman and Lance Koch to the City Board of Adjustment for terms beginning immediately and expiring on June 30, 2026.

  Vote result: Approved

5.8

Reappointment to the City Board of Adjustment

LUP

Jordan Hess

• Confirm the Mayor’s reappointment of Ryan Morton to the City Board of Adjustment, from an alternate to a regular member, for a term beginning immediately and expiring on June 30, 2026.

  Vote result: Approved

5.2

Parks, Recreation, Open Space and Trails (PROST) Comprehensive Master Plan Contract Update

CCP

Ryan Applegate, Zac Covington

• Approve and authorize the Mayor to sign a contract with BluePoint Planning, Inc. in an amount not to exceed $249,723 for professional services related to the (Parks, Recreation, Open Space and Trails) PROST comprehensive master plan update.

  AYES: (8)	Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, Alderperson West, Alderperson Carlino, and Alderperson Farmer
  NAYS: (1)	Alderperson Vasecka
  ABSENT: (3)	Alderperson Anderson, Alderperson Becerra, and Alderperson Contos

  Vote result: Approved (8 to 1)

5.6

Poverello Center Johnson Street Contract for Operations

HRCP

Emily Armstrong

• Approve and authorize the Mayor to sign and execute an agreement with The Poverello Center for the provision of emergency sheltering services at the Johnson Street Shelter for an amount not to exceed $789,345.00.

  AYES: (6)	Alderperson Nugent, Alderperson Sherrill, Alderperson West, Alderperson Carlino, Alderperson Farmer, and Alderperson Jones
  NAYS: (2)	Alderperson Savage, and Alderperson Vasecka
  ABSTAIN: (1)	Alderperson Jordan
  ABSENT: (3)	Alderperson Anderson, Alderperson Becerra, and Alderperson Contos

  Vote result: Approved (6 to 2)

6.

COMMENTS FROM CITY STAFF, CITY AGENCIES, COMMUNITY FORUM, NEIGHBORHOOD COUNCILS, BOARDS, COMMISSIONS, OR AUTHORITIES

7.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

7.1

Proclamation - Suicide Prevention Week

Jordan Hess

7.2

Proclamation - International Overdose Awareness Day

Jordan Hess

7.3

Proclamation - Ovarian Cancer Awareness Month

Jordan Hess

8.

FINAL CONSIDERATION

8.1

Ordinance amending Missoula Municipal Code Chapter 12.40 regarding overnight camping in City public spaces

CCP

Jordan Hess

Brett Hawley

I am glad to see that focus is being put on keeping the high traffic and family areas free from any encampments. The ability to enjoy the parks, trails, and natural beauty of Montana, free from worry of coming across needles, feces, sights of physical and verbal abuse, et al, is so important, especially in spaces where children come to play. Given that the stated reasons for making these changes is to avoid lawsuits, however, I believe that the riverbank areas need to be included in the ban. Nutrient Pollution caused by human waste, which forms algae blooms toxic to fish, wildlife, and humans can lead to an EPA lawsuit, as it did just recently in Montana. River pollution is a big focus right now and could turn into a much bigger problem for the city. Given that you are now shaping what areas the encampments are allowed in, liability for the pollution of the encampments affecting the water quality of the river could be tied to the decisions of the city.

This item was rescheduled to November 13, 2023.

8.2

Icon Apartment Homes Annexation, Subdivision, and Master Site Plan

LUP

Dave DeGrandpre

• Moved by: Alderperson Nugent

  Adopt a resolution to annex the subject property legally described as Tract B of Certificate of Survey 6850 located in the E ½ of Section 12, Township 13 North, Range 20 West and the W ½ of Section 7, Township 13 North, Range 19 West, P.M.M., as shown on Exhibit A, and zone upon annexation to Title 21 Form Based Zoning Code transect zones: OS Open Space, T3 Neighborhood Edge, T4-O Neighborhood General - Open, T4-R Neighborhood General – Restricted, and T5 Mixed-Use Center, subject to the recommended conditions of approval, based on the findings of fact and conclusions of law in the staff report.

  AYES: (8)	Alderperson Nugent, Alderperson Sherrill, Alderperson Vasecka, Alderperson West, Alderperson Carlino, Alderperson Farmer, Alderperson Jones, and Alderperson Jordan
  ABSENT: (4)	Alderperson Anderson, Alderperson Becerra, Alderperson Contos, and Alderperson Savage

  Vote result: Approved (8 to 0)
• Approve the Icon Apartment Homes at Dougherty Ranch Subdivision Preliminary Plat Application and Master Site Plan, subject to the recommended conditions of approval, based on the findings of fact and conclusions of law in the staff report.

  AYES: (8)	Alderperson Jones, Alderperson West, Alderperson Sherrill, Alderperson Vasecka, Alderperson Farmer, Alderperson Carlino, Alderperson Nugent, and Alderperson Jordan
  ABSENT: (4)	Alderperson Anderson, Alderperson Becerra, Alderperson Contos, and Alderperson Savage

  Vote result: Approved (8 to 0)

9.

PUBLIC HEARINGS

9.1

Lower Miller Creek Road Right-of-Way Vacation and Speed Limit Reduction

PWM

Steve Reichert

City Council will hold this public hearing open until they take the item up for final consideration on September 11, 2023.

9.2

Resolution levying assessments Park District 1, Road District 1, Tourism Business Improvement District and Downtown Business Improvement District for fiscal year 2023

BF

Marty Rehbein

On August 28, 2023 City Council will hear all objections that may be made to these resolutions. At the close of the public hearing the City Council will take up these items for final consideration that same evening.

• Moved by: Alderperson Jones

  Adopt a resolution of the City Council of the City of Missoula, Montana, levying and assessing the lots and parcels within the City of Missoula Road District Number 1 in the amount of $9,472,533.00  for the costs associated with providing certain maintenance, purchasing and improvement services in fiscal year 2024 for city-owned facilities, land and equipment under the responsibility and care of the City of Missoula Public Works and Mobility Department’s Street Division, Cemetery, and Engineering Division, Central Service’s Fleet Maintenance Division providing for a method of assessments; and providing for other matters properly relating thereto. 

  AYES: (6)	Alderperson Sherrill, Alderperson West, Alderperson Farmer, Alderperson Jones, Alderperson Jordan, and Alderperson Nugent
  NAYS: (2)	Alderperson Vasecka, and Alderperson Carlino
  ABSENT: (4)	Alderperson Anderson, Alderperson Becerra, Alderperson Contos, and Alderperson Savage

  Vote result: Approved (6 to 2)
• Moved by: Alderperson Jones

  Adopt a resolution of the City Council of the city of Missoula, Montana, levying and assessing the lots and parcels within the city of Missoula Park District Number 1 in the amount of $8,880,733.00 for the costs associated with providing certain maintenance, purchasing and improvement services in fiscal year 2024 for city-owned facilities, land and equipment under the responsibility and care of the city of Missoula Parks and Recreation Department; providing for a method of assessments; and providing for other matters properly relating thereto.

  AYES: (6)	Alderperson Jones, Alderperson West, Alderperson Sherrill, Alderperson Farmer, Alderperson Nugent, and Alderperson Jordan
  NAYS: (2)	Alderperson Vasecka, and Alderperson Carlino
  ABSENT: (4)	Alderperson Anderson, Alderperson Becerra, Alderperson Contos, and Alderperson Savage

  Vote result: Approved (6 to 2)
• Moved by: Alderperson Jones

  Adopt a resolution levying annual assessments on the hotels located in the Tourism Business Improvement District of the City of Missoula for fiscal year 2024 in the amount of $2 per occupied room night in accordance with 7-12-1132 MCA.

  AYES: (6)	Alderperson Jones, Alderperson West, Alderperson Sherrill, Alderperson Farmer, Alderperson Nugent, and Alderperson Jordan
  NAYS: (2)	Alderperson Vasecka, and Alderperson Carlino
  ABSENT: (4)	Alderperson Anderson, Alderperson Becerra, Alderperson Contos, and Alderperson Savage

  Vote result: Approved (6 to 2)
• Moved by: Alderperson Jones

  Adopt a resolution levying taxes on the lots, pieces and parcels of land located in the Downtown Business Improvement District of the City of Missoula in the amount of $425,375.52 for fiscal year 2024 in accordance with 7-12-1132 MCA.

  AYES: (6)	Alderperson Jones, Alderperson West, Alderperson Sherrill, Alderperson Farmer, Alderperson Nugent, and Alderperson Jordan
  NAYS: (2)	Alderperson Vasecka, and Alderperson Carlino
  ABSENT: (4)	Alderperson Anderson, Alderperson Becerra, Alderperson Contos, and Alderperson Savage

  Vote result: Approved (6 to 2)

9.3

Resolution levying assessments on Pooled Sidewalk Curb Gutter and Alley Approach Improvements

BF

Marty Rehbein

On August 28, 2023 City Council will hear all objections that may be made to this resolution. At the close of the public hearing the City Council will take up this item for final consideration that same evening.

• Adopt a resolution to levy a special assessment and tax upon all property situated within Pooled Special Sidewalk, Curb, Gutter and Alley Approach Bonds, Taxable Series 2023A and Tax-Exempt Series 2023B of the City of Missoula, Montana, in the total amount of $641,100 (rounded) excluding debt service, to defray the cost of installing sidewalks, curbs, gutters and alley approaches.  

  AYES: (8)	Alderperson Vasecka, Alderperson West, Alderperson Carlino, Alderperson Farmer, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, and Alderperson Sherrill
  ABSENT: (4)	Alderperson Anderson, Alderperson Becerra, Alderperson Contos, and Alderperson Savage

  Vote result: Approved (8 to 0)

10.

COMMITTEE REPORTS

10.1

Budget and Finance (BF) committee report

10.1.1

Minutes from the August 23, 2023 Meeting

BF

10.2

Climate, Conservation and Parks (CCP) committee report

10.2.1

Minutes from the August 23, 2023 Meeting

CCP

10.3

Committee of the Whole (COW) committee report

10.4

Housing, Redevelopment, and Community Programs (HRCP) committee report

10.5

Land Use and Planning (LUP) committee report

10.5.1

Minutes from the August 23, 2023 Meeting

LUP

10.6

Public Safety, Health and Operations (PSHO) committee report

10.7

Public Works and Mobility (PWM) committee report

10.7.1

Minutes from the August 23, 2023 Meeting

PWM

11.

NEW BUSINESS

11.1

Reschedule Fort Missoula Commons appeal public hearing

LUP

Mike Nugent

11.2

Postpone consideration of the overnight camping in City public spaces ordinance to November 13, 2023

CCP

Jordan Hess

• Moved by: Alderperson Nugent

  Postpone consideration of  an ordinance amending Missoula Municipal Code Chapter 12.40 regarding overnight camping in City public spaces to November 13, 2023.

  AYES: (7)	Alderperson Carlino, Alderperson Farmer, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Sherrill, and Alderperson Savage
  NAYS: (2)	Alderperson Vasecka, and Alderperson West
  ABSENT: (3)	Alderperson Anderson, Alderperson Becerra, and Alderperson Contos

  Vote result: Approved (7 to 2)

11.3

Program Year 2022 CDBG/HOME Outcomes

HRCP

Kendra Lisum

• Moved by: Alderperson West

  Set a public hearing on September 18, 2023, to consider adopting the program year 2022 Consolidated Annual Performance and Evaluation Report for Housing and Urban Development funded programs.

  AYES: (9)	Alderperson Farmer, Alderperson Jones, Alderperson Nugent, Alderperson Jordan, Alderperson Savage, Alderperson Sherrill, Alderperson Vasecka, Alderperson West, and Alderperson Carlino
  ABSENT: (3)	Alderperson Anderson, Alderperson Becerra, and Alderperson Contos

  Vote result: Approved (9 to 0)

12.

COMMUNICATIONS FROM THE MAYOR

13.

GENERAL COMMENTS OF CITY COUNCIL MEMBERS

14.

MISCELLANEOUS COMMUNICATIONS, REPORTS AND ANNOUNCEMENTS

14.1

Administratively approved agreement report

15.

ADJOURNMENT

The meeting adjourned at 8:54 p.m.