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:
  • Mirtha Becerra, 
  • Daniel Carlino, 
  • John P. Contos, 
  • Sierra Farmer, 
  • Gwen Jones, 
  • Kristen Jordan, 
  • Mike Nugent, 
  • Jennifer Savage, 
  • Amber Sherrill, 
  • Sandra Vasecka, 
  • and Heidi West
Members Absent:
  • Stacie Anderson
Administration Present:
  • Marty Rehbein, 
  • Jordan Hess, Mayor, 
  • and Jim Nugent, City Attorney

1.

  

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

2.

  

3.

  

Mayor Jordan Hess We can move on to public comment on non-agenda items.  This is your opportunity to comment on items not elsewhere on our agenda.

David Everingham Hi, my name is David Everingham.  Thanks for being on Council, thanks Marty.  We live in a great City; I appreciate all your public service.  The topic tonight is bridges; I passed out some pictures I took, if everybody could look at them.  For six months, I have tried to convince Missoula Redevelop Agency, their board of directors, chairman, Parks and Rec, from the top to the bottom, and City Engineering.  At the railroad bridge slated for rehabilitation for a footbridge  is 126 year old steel structure, it's secondhand, it was transplanted from Idaho and a 96-year-old concrete foundation.  It has seen a full life span; concrete is only good for 100 years.  I've asked all these city agencies to go look at it with me, only one from Parks and Rec went.  The railroad ties on the deck would have to be removed; they're laden with creosote, arsenic, and lead, so is the soil where the bridge would exit for pedestrians.  The California Street bridge is rotting out, poor drainage, and winter de-icing.  The NorthSide footbridge structure is compromised and failing, as we speak, poor drainage, too much salt, bad design.  It is a huge liability, and the main span should be removed if both ends are shot.  A blocked railroad or chemical spill would be an unimaginable disaster.  Higgins Street Bridge main support beams were cut on the top half inch along with the concrete slab at the time of demolition.  This was done on both sides of the bridge, now the west side gets round two of bridge building.  This could have been easily avoided by watching from below the deck during demolition.  Slatton is being fined $7,000.00 a day by the state since June 2022, liquidated damages.  The deadline is over.  The City should get half of that for their troubles.  I asked you, the Council, six months ago to get Reserve Street footbridge heated panels going so Parks and Rec, does not salt it this winter and rot out the structure.  It never ran right and still doesn’t.  Jackson Contractors, HDR Engineering, and DG&A Engineering need to fix it.  The warranty was one year.  I did better with my new Yamaha 100 watts per channel amplifier, it has a two year warranty, it costs 900 bucks  The same fiberglass panels on Reserve Bridge are used on the Higgins Bridge but not heated until the sun hits them and burns dog's feet.  It is my opinion that involvement in all  these projects that MRA, Missoula Redevelopment Association, DG&A, and HDR Engineering are failing the taxpayers.  The City needs to reconsider who is acceptable to do good work on our infrastructure, especially TIF money that we are paying on for 20 years.  Please get the Reserve Street footbridge operating, it costs 4.1 million dollars, instead of MRA wasting three to four  million on a piece of junk rail bridge, they need to fix what we have already invested 20 million dollars in.  MRA look back at what you have done and listen to the people signing your paychecks, open your doors.  Thanks. 

Mayor Jordan Hess Thank you.  And I'll note that I submitted your photographs to the clerk, so they're in the record.  So, thank you for that.

David Everingham Beautiful.  Yeah if everybody could look at those and pass them on, I'd appreciate it.

Mayor Jordan Hess Additional….

David Everingham I’ve worked construction for 40 years, inside and out.  I know concrete really well and I know what happens when it comes apart.  Anyhow, thanks.

Mayor Jordan Hess Thank you.  Additional public comment?

Travis Mateer Hi, Travis Mateer, resident of Missoula.  I'm also really inspired by bridges in in this town, but I want to speak more to the mill levy that did not pass.  I know a lot of people were invested in that.  There are other ideas out there when you can think outside the box.  You know, Headwaters Foundation has tens of millions of dollars from the Sale of Community Medical Center, but I was watching Yellowstone and I'll try to make this short because three minutes is the, is the limit.   I was watching Yellowstone, I hope I don't have spoilers out, but if you're going to the state and you're, you know blaming the state for all your problems, you might just want to kind of like soften it up because Gianforte might be a little worried that now Kevin Costner is coming after him because I don't know if you saw the premiere, but wolves, there was something to do with wolves and it's getting really obvious that maybe  there's like some animosity about tax credits getting cut.  I have a conspiracy theory about that; you can read about tomorrow, but that's, I just, be soft with the state when you're going and blaming them for all your problems here locally because I think voters said pretty clearly, you guys need to chill out on some of this you know tax stuff.  So, that's my comment.  Thanks.

Mayor Jordan Hess Thank you.  Further public comment tonight?  An online comment….

Matt Larson Hi, yes, this is Matt Larson, Ward 3.  I was curious as to what was going on with the structural budget deficit that's being mentioned by Gwen Jones and a couple of the other people as well as The Missoulian, since the bond initiatives have been voted down.  It's 2.5 or 2.9 million dollars of structural deficit, as it's been put.  Wondering what that actually means and wondering why we don't know what that means?  It seems to me that means there's money that's not there that's supposed to be there and we're at the end of our bond cycle or whatever, so there's not that much more money we can get through the bond process, and it seems as though this is a big deal and it's been a big deal as far as  money being, you know, missing out of our general fund before.  So, I'm just wondering why this continues to happen here and what we can do about it?

Mayor Jordan Hess Thank you.  Anyone else tonight?  All right, seeing none, we can move on to our schedule of committee meetings.  Ms. Rehbein.

Committee of the Whole, November 16, 9:00 – 11:00 a.m.

Public Works and Mobility Committee, November 16, 11:15 a.m. – 12:00 p.m.

Climate, Conservation, and Parks Committee, November 16, 12:15 – 12:20 p.m.

Public Safety, Health, and Operations Committee, November 16, 1:00 – 1:25 p.m.

Housing, Redevelopment, and Community Programs Committee, November 16, 1:40 – 2:55 p.m.

Land Use and Planning Committee, November 16, 3:10 – 4:10 p.m.

Mayor Jordan Hess Thank you Ms. Rehbein.  We can now move on to our consent agenda.

5.

  

Mayor Jordan Hess Items on the consent agenda were generally approved unanimously in City Council committees and we save a little time at the full Council meetings by voting on those items as a package.  Ms. Rehbein will read the list aloud and then we'll invite public comment before we vote.  Ms. Rehbein.

Mayor Jordan Hess Thank you Ms. Rehbein.

  • AYES: (11)Alderperson Becerra, Alderperson Carlino, Alderperson Contos, Alderperson Jones, Alderperson Farmer, Alderperson Jordan, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, Alderperson Vasecka, and Alderperson West
    ABSENT: (1)Alderperson Anderson
    Vote result: Approved (11 to 0)
  • [First reading and preliminary adoption] Set a public hearing on November 28, 2022 and preliminarily adopt an ordinance establishing Chapter 8.02 Missoula Municipal Code entitled “Missoula City-County Health Code Adopted by Reference,” which will adopt the existing health code as approved by the Missoula City-County Health Board in order to comply with § 50-2-116, MCA as amended by the 2021 Montana Legislature (HB 121) and the June 9, 2022 City and County interlocal agreement for the joint provision of public health services.

    Vote result: Approved
  • Approve authorization for Mayor Hess to sign the amended Police Officer Association Collective Bargaining Agreement.

    Vote result: Approved
  • Promote Emily Shankle to the vacant regular member seat on the Affordable Housing Resident Oversight Committee, beginning immediately and ending on May 31, 2025, fulfilling the remainder of a vacated term, community member seat. 

    Vote result: Approved
  • Appoint Colin Lane to serve as an alternate member on the Affordable Housing Resident Oversight Committee, beginning immediately and ending on May 31, 2025, fulfilling the remainder of a vacated term, community member seat.

    Vote result: Approved
  • Set a public hearing for Monday, November 28, 2022, to consider the funding recommendation made by the Affordable Housing Resident Oversight Committee to fund United Way of Missoula County to operate the Centralized Housing Solutions Fund.

    Vote result: Approved

5.7

This item has attachments.  

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  • [Resolution] Set a public hearing on December 5th, 2022 and adopt a resolution of intent to amend the 2035 Our Missoula City Growth Policy land use designation from Residential Low to Residential Medium on portions of Tract 1 of Certificate of Survey No. 6449, as shown on Exhibit A, and refer this item to the Land Use and Planning Committee for presentation and discussion on November 30th, 2022.

    Vote result: Approved
  • [Resolution] Set a public hearing on December 5th, 2022 and adopt a resolution of intent to annex the subject property legally described in Exhibit C, as shown on Exhibit B, and zone upon annexation to RT5.4 Residential, and refer this item to the Land Use and Planning Committee for presentation and discussion on November 30th 2022.

    Vote result: Approved
  • [First reading and preliminary adoption] Set a public hearing on December 5th, 2022, preliminarily adopt an ordinance to rezone the subject property legally described in Exhibit E from R215 Residential to OP2 Open and Resource, to rezone the subject property legally described in Exhibit F from R215 Residential to RT5.4 Residential (two-unit/townhouse) / NC-RT Riverfront Trails Neighborhood Character Overlay, and to rezone the subject property legally described in Exhibit G from RT5.4 Residential to RT5.4 Residential / NC-RT Riverfront Trails Neighborhood Character Overlay, as shown on Exhibit D, and refer this item and Riverfront Trails PUD Subdivision to Land Use and Planning Committee for presentation and discussion on November 30th, 2022.

    Vote result: Approved
  • [Resolution] Set a public hearing on December 5th, 2022 and adopt a resolution of intent to amend the Utility Services Area Boundary to align with the parcel proposed to be zoned RT5.4 Residential (two-unit/townhouse) / NC-RT Riverfront Trails Neighborhood Character Overlay, as shown on Exhibit D, and refer this item to the Land Use and Planning Committee for presentation and discussion on November 30th, 2022.

    Vote result: Approved
  • Appoint Lisa Mecklenberg Jackson to the Missoula Civic Television Advisory Commission for a term beginning January 1, 2023 and ending of December 31, 2025.

    Vote result: Approved
  • (First reading and preliminary adoption) Set a public hearing on November 28, 2022, on an interim zoning ordinance, Conditional Use Interim Zoning Ordinance, and refer this matter to the Land Use and Planning committee for a preview prior to the public hearing.

    Vote result: Approved

Mayor Jordan Hess We do have one a special proclamation or a special presentation in the form of a proclamation.

WHEREAS, small businesses form the backbone of our local economy, generating jobs and improving the quality of life for citizens; and, WHEREAS, the city of Missoula Montana supports the efforts of  local small businesses and recognizes the critical role they play in our community; and WHEREAS, Small Business Saturday is a nationwide campaign to cultivate business for small merchants on the Saturday after Thanksgiving; and, WHEREAS, Small Business Saturday will stimulate economic growth locally for small merchants by following in the tradition of Black Friday and Cyber Monday, two of the busiest shopping days of the year: and WHEREAS, we encourage citizens to consider shopping small business small merchants on Small Business Saturday as a way to boost the local economy and strengthen our small business community.  Now therefore I, Jordan Hess, Mayor of the City of Missoula in the State of Montana do here proclaim November 26, 2022 in Missoula, Montana as Small Business Saturday.

 

Mayor Jordan Hess And encourage our residents to recognize and support small businesses within our community by shopping these establishments on the Saturday following Thanksgiving.

8.

  

Mayor Jordan Hess We have one item for final consideration, and this is the tavern and casino conditional use at 3760 Mullan Road, and we have Ms. Stevens here for a staff report.  Lauren, any additional items that you want to, that you want to cover that may have changed from last week or, or any additional information you’d like to present?

Lauren Stevens I, I don't have any new information and I did not receive any additional public comment.

Mayor Jordan Hess Okay, thank you.  Any questions from Council?  Seeing none, I’ll take a motion Mr. Nugent.

Alderperson Mike Nugent Thank you, Mr. Mayor.  The motion that is recommended is Approval of the Tavern and Casino conditional use request located at 3760 Mullan Road, in accordance with Missoula City Zoning Ordinance, Title 20, Sections 20.10.020.D, 20.40.040, 20.85.070, and 20.105.040.I.2 and X.1, based on the findings of fact in the staff report and subject to one condition of approval.  The condition of approval: The Tavern and Casino conditional uses at 3760 Mullan Road shall comply with all applicable portions of the Title 20 Zoning Ordinance.  Plans submitted at the time of building permit application shall substantially conform to the plans submitted at the time of conditional use review, subject to review and approval by Development Services prior to building permit approval. 

Mayor Jordan Hess Thank you Mr. Nugent.  We've had a public hearing, is there any additional public comment on this item?  Seeing none, any comments from Council members?  Mr. Carlino.

Alderperson Carlino Yeah, if this didn't include the casino I think I would have no problem with granting a special conditional use request, but the more research I did the more I saw that living in close proximity to casinos, the data shows that you're almost twice as likely to become problem gambler if you live in close proximity to casinos.  There's  research done by the federal government and many universities, and you know running for Council, I try to do my best to run on a platform of trying to alleviate poverty and I just don't think adding more casinos will help with that goal of alleviating poverty.  So, I do not intend to support this.

Mayor Jordan Hess Thank you.  I’ve got Ms. Becerra and then Mr. Nugent, and then [inaudible]….

Alderperson Becerra Thank you.  And while I agree with Councilman Carlino that you know, perhaps a casino is not the ideal use in a, in an area that's neighboring residential areas, I do believe this is allowed and permitted by the zoning that we have in place and in fact the reason I am going to be supporting it is because the casino is only one component of other amenities that are going to be offered to the neighborhood, including a restaurant and other places for the, for the neighborhood to have access to some of these activities.  So, if this was only a, only a casino, I might have a harder time supporting it, but again, this is something that's allowed and permitted under our current zoning.  Thanks.

Mayor Jordan Hess Mr. Nugent.

Alderperson Mike Nugent Than you Mr. Mayor.  I going to make Councilwoman’s Becerra’s point as well and just say that if we weren't, if the Casino and Tavern weren't here, we wouldn't be having to have a conditional use conversation.  That being said, if we want to limit the number of casinos in the State of Montana that really is a state level issue.  Montana has a really archaic, in my opinion, liquor licensing law that ties casinos and gaming to liquor licenses.  The most recent liquor license I have seen listed in the City of Missoula is just a hair under a million dollars, so if a business wants to, an entrepreneurial business wants to be a full beverage restaurant, bar, whatever, they are, they are paying for a gaming license whether they want that or not and at a million dollars, the reality is that they  probably have to include some level of gaming to even pay the monthly or yearly costs against that license.  It's an imperfect system and I don't disagree that there are problems that Councilman Carlino is pointing out, but I would say that at the City of Missoula level, we aren't going to solve those unless the state changes their laws because of the artificially high cost of those licenses.

Mayor Jordan Hess Ms. Jones.

Alderperson Jones Thanks.  Just along a similar vein, if having a casino is what makes the business equation work for these restaurants to be able to go in next to an area that is developing, then that's, that's the way it is and I'm not a fan of gambling, but as Mr. Nugent referenced, these are state laws that dictate this and state laws that also dictate the price of a liquor license.  So, that's the situation and I'm, will be supporting this tonight and think it's going to be a great addition to the neighborhood and look forward to it opening.

Mayor Jordan Hess Ms. Jordan.

Alderperson Kristen Jordan Thank you.  I agree with my colleague, Mr. Carlino.  I think that when we have the opportunity to, to really kind of pick the neighborhoods that we want and where we want things to go, I think it's it lies within our purview and our decision making capacity regardless of what the state says.  I too have concerns about multiple casinos in town.  I've had constituents reach out to me about them being open for large periods of time and particularly, this woman who's reached out to me mentioned that the later they stay open the more people spend, and the more people drink.  And I think that this is a really great opportunity for us to pick and choose the kind of neighborhood that we want in Missoula and I'm, I'm not pro casino and I think that this lies within our purview of decision making regardless of what the state provides us, and so I will be voting no as well.

Mayor Jordan Hess Any additional comments Council?  Ms. West.

Alderperson West In the virtual world.  So, I just wanted  to say that I'm going to support this.  I think that we're losing a lot of potential benefit to the neighborhood by just focusing on the, the casino portion of this development.  I think the design itself intentionally segregates and I think downplays that there is a casino component, that it also offers spaces for people to socialize and recreate and access food that's close to their neighborhood.  And I think that having local, you know local businesses go in adjacent to where there is a lot of development and a lot of development happening is something we want to see, so people aren't driving as far to go to a restaurant or to get dinner or to go grab a beer after work.  So, I think, I think that we're kind of losing sight on this, on that by just deciding based on the casino alone.  So, I’m going to support it.

Mayor Jordan Hess Anyone else?  Mr. Nugent.

Alderperson Mike Nugent Thank you.  Sorry, just a real quick kind of addition.  I don't disagree with the, the points being made, but I think the reality on Council is  we don't get to make decisions in silos and with, with those license values being almost a million dollars if, if any business, this one or others want to, want to start a restaurant that has a full beverage license, they are, they have a million dollar deficit before they even buy a property or start building a building or putting in renovations or buying equipment or buying all that.  So, I think it's easy for us to say we could choose to do this, but we would be hamstringing Missoula entrepreneurs and business owners because we would be kind of ignoring one of the realities of the state law.  I don't disagree at all that there are issues and I'd love to see the gaming decoupled from the, from the liquor license and, and the full beverage license but I just I think that it's, it's easy to say that, but we haven't actually had anybody come in and tell us that that's a, that's a doable business model.

Mayor Jordan Hess Ms. Jordan.

Alderperson Kristen Jordan Yeah with respect Mr. Nugent, I think this is where we actually take the time and say we can make decisions that the state is not giving us a perfect angle to choose from.  This is a decision we could make to create a neighborhood that we want, that doesn't encourage gambling, that doesn’t encourage addiction, that doesn't encourage something that we don't want to have in our neighborhoods, and I frankly really would like to ask my colleagues to, to actually, I'm going to rephrase this.  I think this is an opportunity for us to actually keep decision making local and to pick the kind of neighborhoods that we want regardless of the, the sideboard that the state is putting on us, and I would love to see us choosing some of these opportunities where we can, when we can actually make decisions that are within our purview, regardless of what the state is saying because we can and we will, and not using the state's kind of hamstringing to say that we can't create the kind of neighborhoods that we want.

Mayor Jordan Hess Anything further?  Mr. Carlino.

Alderperson Carlino Yea, just to kind of add on to that.  I think you know we could blame the state for anything we'd like but a lot of land use issues is where local governments have control, with our code reform coming up, I think it's a good opportunity for us to think about what we'd like Missoula to feel like and what we'd like it to look like.  And also with, to address the high licensing costs, I don't think it, that sounds like it could be an issue for trying to get small businesses up and running but at the same time, I don't think using a casino to subsidize those high licensing costs is very ethical solution.

Mayor Jordan Hess All right, I’m not seeing any additional hands up.  We had a public hearing and a comment from Council on the motion.  We can have a roll call vote.

Mayor Jordan Hess Okay and the motion passes.

  • Moved by:Alderperson Nugent

    Approval of the Tavern and Casino conditional use request located at 3760 Mullan Road, in accordance with Missoula City Zoning Ordinance, Title 20, Sections 20.10.020.D, 20.40.040, 20.85.070, and 20.105.040.I.2 and X.1, based on the findings of fact in the staff report and subject to one condition of approval.

    Condition of Approval: The Tavern and Casino conditional uses at 3760 Mullan Road shall comply with all applicable portions of the Title 20 Zoning Ordinance. Plans submitted at the time of building permit application shall substantially conform to the plans submitted at the time of conditional use review, subject to review and approval by Development Services prior to building permit approval.

    AYES: (9)Alderperson Contos, Alderperson Farmer, Alderperson Jones, Alderperson Nugent, Alderperson Savage, Alderperson Sherrill, Alderperson Vasecka, Alderperson West, and Alderperson Becerra
    NAYS: (2)Alderperson Carlino, and Alderperson Jordan
    ABSENT: (1)Alderperson Anderson
    Vote result: Approved (9 to 2)

9.

  

11.

  

12.

  

Mayor Jordan Hess I will pass tonight on communications from the Mayor.

Mayor Jordan Hess We'll begin our general comments with Ms. West.

Alderperson West I don’t have any.

Mayor Jordan Hess Mr. Contos.

Alderperson Contos I’ll pass.

Mayor Jordan Hess Mr. Nugent.

Alderperson Mike Nugent I’ll pass tonight.

Mayor Jordan Hess Ms. Becerra.

Alderperson Becerra Pass.

Mayor Jordan Hess Mr. Carlino.

Alderperson Carlino Yeah, I just wanted to address the crisis levy really fast too and just yeah I you know think that a lot of our people in the community find a lot of homeless services and crisis services super important, but I definitely understand where people are coming from with not wanting their property tax increased on everyday Missoulians, which also gets passed on to rent, but I think it, it's our, it's an opportunity for us to look inward into our city and county budgets and figure out how are we going to fund these important things with the budget that we have and the budget that we will have for next year.  So, I just want to say that I think it's really important that we find a way to fund these crisis services within our general budget and that it, it wasn't just whether or not the levy passed to decide whether or not we can have those services, it's up to us as a local  government to, to decide that those are important and that we're going to prioritize those services and fit them into the general budget.

Mayor Jordan Hess Thank you.  Ms. Jones.

Alderperson Jones [unable to hear anyone speaking]

Mayor Jordan Hess Ms. Farmer.

Alderperson Farmer I’ll pass.

Mayor Jordan Hess Ms. Jordan.

Alderperson Kristen Jordan Thank you.  Yeah, Daniel to your point, I agree.  I also would like to find a way to hard fund these critical services and I think that the crisis Levy included some programs that potentially made it less viable than it would have been if it just been the Mobile Support Team and a few of the other services.  I think we're gonna, we're gonna see a deficit starting to occur whether it's financial or in, in service providing because this levy didn’t pass, and I think it would be, it would behoove us all to find a way to pay for the Mobile Support Team, if nothing else.  Shifting gears completely, I just want to give a shout out to Montana PIRG members, Hunter and Liam over there.  I was really excited to be asked to come and give a little talk about public service to the UM MontPirg team and these two guys have come to show up because they're interested in, in local decision making and I think it's awesome when folks come and they want to be a part of decision making and, and helping shape their community.  So, it's nice to see you guys here tonight.

Mayor Jordan Hess Thank you.  Ms. Savage.

Alderperson Savage Yeah, I just briefly wanted just to note that it was a tough day to be on a college campus today.  There were two incidents across on either side of the country, the University of Virginia and University of Idaho.  My day job, and many of us have them believe it or not, is at the University of Montana and I was grateful to be there and for all of the students to be safe today, and mostly just, just wanted to mention that.

Mayor Jordan Hess Ms. Sherrill.

Alderperson Sherrill Yeah, thank you.  I, I was going to mention that myself.  So, having a child away at college and having one on her way, it's, I just think it's, it's a sad day for the universities and it makes me think a lot about mental health and mental health funding and gun control.

Mayor Jordan Hess Ms. Vasecka.

Alderperson Vasecka Thanks.  I just wanted to thank everyone who put on the Veterans Day ceremony at the, usually it is at the Doughboy statue, but it was really cold, so we were able to use the courthouse.  So, thank you for everyone who attended that, and I don't believe we have Council next week, so I wanted to wish everybody a very happy and safe Thanksgiving.

Mayor Jordan Hess Thank you.  And Ms. Rehbein pointed that out as well.  So, I was going to offer that as a miscellaneous communication that there is indeed no council next week, so happy Thanksgiving all.

Mayor Jordan Hess And I'll just highlight our administratively approved agreement report, a standing item on the agenda as well.

15.

  

Mayor Jordan Hess I thank you for your service and we'll be adjourned.

The meeting adjourned at 6:44  p.m.

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