Journal of Proceedings

Missoula City Council

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

1.

  

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

3.

  

President Jones We will take public comment on items that are not on the agenda.  So, if anyone wants to provide public comment on items not on the agenda, please come up to the microphone, state your name please for the record, and we ask that you try not to go over 3 minutes.

David Everingham Hi, I’m David Everingham.  Thanks for being on Council.  Marty, thanks for all of your hard work.  Missoula City-County has outstanding law enforcement.  Caras Park turned out beautifully, excellent design and craftsmanship.  John England got us the water company, brilliant move John.  Donna Gaukler has expanded Parks and Rec, open space and trails to world class, thanks.  We live in a wonderful town.  City and County officials, employees, thanks.  The last time I was here I was yammering on about the Federal Building 200 East Broadway.  Has anybody come up with any operating costs or the operating costs on that?  Has the federal government disclosed that?

President Jones So, we don’t do a question back and forth.

David Everingham Okay, sorry, I apologize….

President Jones But please go ahead…..

David Everingham Okay.  The subject today is realty.  Thanks for being on the City Council.  I couldn't do it; I can't run computers.  I’m one of those kind of people that hasn't gotten it quite yet.  The acquisition of the Federal Building 200 East Broadway is a major realty deal.  How can we as a city go through with this deal without full disclosure of all aspects of the building?  How can we plan to pay for utilities without knowing how much it will cost?  This is not poor planning; this is no planning.  I’ve written a letter building to building manager Dan Hill, governmental services administration notarized by Clerk of Court office Missoula County Courthouse mailed July 27, 2022 certified mailed at the post office.  Here's a copy of it.  He received it the 29th; I haven't heard back from him since.  In the Federal Building, there's little air conditioning, it's very hot in there.  To not have full disclosure, it's like me buying a house for $600,000.00 and having the realtor say we can't tell you how much the taxes are until you buy the house.  I’ve been asking for this information for 8 months from the county from GSA and the city.  Nobody has it.  It’s unethical, illegal, and sets up the owner for a lawsuit.  How much will it cost we, the taxpayers of Missoula, to operate this building and renovate it?  Nobody knows.  No planning, especially for the carbon footprint.  There's no parking, very little air conditioning and it'll be a nightmare to work on.  I know, I remodeled the county courthouse as a foreman for 5 years.  That place is full of asbestos.  Anyway, I guess my whole point is the Constitution of Montana is being violated here and my last talk a couple weeks ago was about that article 2 section 9, right to know laws have been violated and we're sovereign states so the federal government has no jurisdiction here.  Anyway, I appreciate you guys listening and thanks.

President Jones Thank you Mr. Everingham.  Anyone else, public comment on items not on the agenda?

Bob Moore Excuse me.  Bob Moore.  I’m having some dental work so I may not, you may have a hard time hearing me.  I got a copy of this chart; I’ll cover the chart.  I guess to convince the citizens about the good work of the MRA and the good work of the City Council, I personally got very, very upset when I actually went over this document.  I’m going to assume that all of y'all have seen this MRA, explaining what the, what TIF is.  I think I know what TIF is but for me this, I obviously don't.  A couple of questions I’d like, on this statement to make it…They gave seven, six or seven examples of the fantastic work of the MRA and the City Council.  I would like to ask why the example of the shopping center, that’s gonna cost us way over 10 million dollars, when it's paid off.  I just can't imagine how you would not have that as an example.  Nothing like that is on here, nothing about the millions given to the hotels, to hotels that I know about, maybe there's more.  Millions to the bank, millions for the bridge across Reserve, that's a lot of money and this is a false document to not provide a, some of these real examples where the taxpayers have spent a fortune and y’all elect, y’all, MRA, whoever it is, to, to do this.  You talk about blight.  I don't know how the good lord's name the shopping center was determined to have blood.  Another point of the shopping center, four roundabouts, four in half mile.  You think that's a good way to spend taxpayers’ money?  In the [inaudible] limits, there was a laundromat attached to a, to a guest convenience store and we put a, I think it's $50,000.00 to help him change from a, from a, excuse me to a that was Starbucks, gave Starbucks.  This chart right here talks about you're helping people who need things, and the project wouldn't be done unless the taxpayers gave people thousands or hundreds of thousands or tens of millions of dollars it wouldn't be provided.  I’ll tell you Starbucks could afford it.  I’ll bet Starbucks could afford it, probably South Park Bank could afford it, probably the Lambros family who always are and I’m sure they've done a lot for the county, but in city but we don't need to be helping….

President Jones Mr. Moore, we’re running on four minutes now, if you could wrap it up….

Bob Moore Okay, that’s all.

President Jones Appreciate it, thank you. 

Bob Moore Just keep up the good work, spending all the money.

President Jones Anyone else that wanted to provide public comment on items not on the agenda?  If so, come on up, just state your name try and keep it to 3 minutes per person.

Ivory West And I’m Sylvan West.  So, I’m in Blue Mountain 4-H and FFA.  I’m also in Blue Mountain 4-H.  We would like to invite you to the 4-H and FFA auction which is this Saturday August 13, 2022 at the fairgrounds, 8:00 a.m.  So, I’m selling a laying pen of chickens, which is just three chickens and the type of chickens I’m selling are blue laced red wine dots.  I’m selling a dapple board goat named apple, and if you don't want it, well if you just want to support kids, you can also donate to after the auction, if you don't want to buy a full animal or if you can't make it to the auction, you can get a proxy bidder to bid for you.  We have some postcards that we'll hand out for more information.  Thank you.

President Jones Great, thank you so much.  All right, anyone else that wanted to provide public comment on items not on the agenda?  Why don't you come on up.  We got the spelling of your last, your name last time, so, we're good.

Akhilesh Boehmler My name is, oh wait.  My name is Akhilesh Boehmler, and I know this isn't a back and forth question answer period, but I was wondering if I missed something about the printed agendas because there wasn't one today and question and answer period, but I was wondering if I missed something about the printed agendas?  Because there wasn’t one today.  If it’s possible to have one today, today, it would be very helpful for me, perhaps other people as well.  I know there's very few members of the public here today and yet still no, was there no agendas printed today?

President Jones You know, I, I am not sure.  I think that was an oversight….

Akhilesh Boehmler I see.

President Jones Okay.

Akhilesh Boehmler Would it, perhaps, be possible to print an agenda today?

President Jones Ms. Rehbein, is it possible to print any agendas or?  You know, I’m sorry, I think we’re in the middle of the meeting so I don’t think we can stop and do that, but I will announce clearly everything as we go through it.  Alright?

Marty Rehbein Gwen, I can show it on, it was an honest oversight this week …..We have a staff member out of town, but I can put the agenda up on the screen…

Akhilesh Boehmler Understood.  I just have to say that it's very difficult for me to and probably many other members of the public to access online only aspects of the agenda and if you would please have agendas printed for members of the public for the public meetings it would be extremely helpful for the engagement of the public.  Please.  There's a lot more I could say but I’m just going to stick to that one item, for now.

President Jones Okay, thank you and my apologies.  I think that was an oversight.  We always have them normally, but they'll be back next week.  Okay?  Any other, anyone else in the audience that wanted to provide public comment on items not on the agenda?  I’ll check our virtual attendees; we do have a hand up.  Mr. Hunt.  If you can unmute yourself, you should be able to provide public comment on items not on the agenda, and if you can keep it to 3 minutes please.

Kevin Hunt Great, thank you very much.  My name is Kevin Hunt, I live in the Rattlesnake.  I’m in Ward 1 and I just want to briefly comment for the public on the record on the meeting of August 3, of the Housing, gotta get the full site here, of the Housing, Redevelopment, and Community Programs committee and when it's time for the minutes, I will be commenting on those as well.  I just would like, like to say that during that meeting, there was very helpful testimony from a citizen by the name of Bergman and she provided a lot of great information, and during her presentation she did ask and she made a request that any members of the committee and Council who, who themselves own or operate short-term rentals, Airbnb’s, and the like if they would be so kind as to disclose that, and I endorsed her entirety of her remarks.  No one did so and then you know I realize you didn't have anything formal before you and I don't want to get into it any discussion of legal requirements, which I think is a ridiculous standard for ethics to only do what you're legally required to do, but I want to point out that no one made any, any disclosures and it didn't take long to find advertisements nationwide for two Airbnb’s that are operated, owned by Councilor Savage who's not present tonight.  One was listed at about; I think it was $255.00 dollars a night and the other was $109.00 per night; one of them had garnered 809 reviews.  I next wrote a letter to the City Council, you know again requesting this disclosure, although as I noted it's a little superfluous at this point and I, I thank the Council President for responding.  I wish that Ms. Savage would respond on her own behalf.  I’d like to make the request now that any of you who fail to make that disclosure who should make that disclosure because it's the right thing to do, it's part of our right to know when you have when you're discussing things such as doubling or tripling the registration fee and when Councilor Savage herself during your comments urged that no such policy be adopted because of the expense it would that would be incurred by the operators of these Airbnb’s.  I think that's unethical, and I would like to ask that if any of you are in the same position that you please come clean tonight and make that disclosure.  I don't understand what's behind not making the disclosure when it’s a simple thing.  If there's something to hide, I don't know what it could possibly be, but this greatly undermines public confidence in all of you including those who, who haven't done anything to warrant not being not, not having confidence in them, but one person does this and it, it undermines the entire public's confidence in you.  And I’m doing my very best to disabuse myself of all the biases and prejudices I’ve built up in the last three years and I’m doing everything I can to make, to give the benefit of the doubt to everybody but I’m very disappointed that I did not get a response from Councilor Savage to my letter, she's absent tonight, and when we get to the minutes of that meeting and I will have more to say about that because that request is not in minutes.  Thank you very much.

President Jones Thank you.  Any other public comment on items not on the agenda?  Seeing none, we'll move forward then.  Marty if you could go through the committee schedule for this week, appreciate it.

Budget and Finance Committee, August 10, 9:00 a.m.

Housing, Redevelopment and Community Programs Committee, August 10, 12:40 p.m.

Public Works and Mobility Committee, August 10, 2:10 p.m.

President Jones Thank you.

5.

  

President Jones Next on our agenda is the consent agenda.  Items on the consent agenda were approved in City Council committees to be placed on the consent agenda to save time at Council meetings by voting on them as a package.  The City Clerk will read the list aloud so citizens watching on MCAT will know what is on the consent agenda.  We'll invite community comment on these items before we vote.  Marty if you could go through the consent agenda please.

President Jones Is there any public comment on the consent agenda items?  Let me check online, oops hang on a second.  Okay, Mr. Hunt, you wanted to provide public comment on the consent agenda items?  I think you can unmute yourself and speak.

Kevin Hunt Thank you.  Okay, thank you very much.  Yeah, just with respect to the last one, number 15, in the contract BlueLine.  I’ll just be brief.  I don't think that I don't think that's the appropriate way to, to handle it.  I don't think that the city should be owner and, and landlord, and, and I don't think that there should be any more questionable inside deals with BlueLine Development, which has the inside track on so many things.  I think it's wonderful and you may recall Mr. Carlino and I both appeared on NBC Montana urging that the city acquired the Bridge Apartments and, and I, I commend the city for doing that, as far as you know taking care of the people who are most in need in the community, but I think this manner of dealing with it on a long-term basis is inappropriate.  Thank you very much.

President Jones Thank you for your comments.  Okay, any other one, anyone else wanting to provide public comment on the consent agenda?  All right, any City Council wanting to abstain or separate the question?  Ms. Vasecka.

Alderperson Vasecka I just have a comment, if I may?

President Jones Go ahead.

Alderperson Vasecka A couple of comments regarding what Mr. Hunt said, regarding the short-term rentals.  I just wanted to clarify that usually on Wednesdays there are, that usually is an action item, so it is, was not an action item that's why it's not on the consent agenda today.  So, I just want to clarify anything regarding that and then regarding what Mr. Hunt just said about the, the Bridge Apartments.  Yeah, I, I agree completely when this from, when the Bridge Apartments first came up to City Council, l had, I disagreed with it.  I voted against it, but now the City Council or I guess now the city does own that and if we do not have somebody to I guess be the, the keeper of the Bridge Apartments, I guess if we don't have anybody to provide those management services in the way that the city wants then it will, it'll cost the city even more money.  So, since I disagreed with it in the past, just because I’m agreeing with it now doesn't mean that I agree with this project altogether but I’m just hoping to find the fiscal, to keep your safeguard your taxpayer dollars as much as I can at this moment in time.  So, that's why I’m okay with this and that's the end of my public comment.  Thank you.

President Jones Thank you for the comments.  Anyone else from Council?  Seeing none, Marty, could you do a roll call vote on the consent agenda please?

  • AYES: (10)Alderperson Becerra, Alderperson Carlino, Alderperson Contos, Alderperson Hess, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Sherrill, Alderperson Vasecka, and Alderperson West
    ABSENT: (2)Alderperson Anderson, and Alderperson Savage
    Vote result: Approved (10 to 0)
  • Confirm the Mayor’s reappointment of Jonathan Gass to the Building Code Board of Appeals as a Licensed Engineer for a term beginning July 1, 2022 and expiring on June 30, 2025.

    Vote result: Approved
  • Confirm the Mayor’s appointment of Jennifer Clary to the Building Code Board of Appeals as an At-Large Member for a term beginning immediately and expiring on June 30, 2025.

    Vote result: Approved
  • Set a public hearing on August 29, 2022, on a resolution of the Missoula City Council levying and assessing a special assessment and tax on the lots, pieces and parcels of land situated within all special lighting districts of the City of Missoula, Montana, in the amount of $269.457.00 to defray the cost of street lighting in special lighting districts during the fiscal year 2023.

    Vote result: Approved
  • Set a public hearing on August 29, 2022, on resolutions setting the method of assessment and levying assessments to fund the work plans and budgets for Park District #1 and Road District #1 and on resolutions levying assessments for the Tourism Business Improvement District and Downtown Business Improvement District for fiscal year 2023.

    Vote result: Approved
  • Appoint Ezra Williams to serve as Alternate 2 on the Historic Preservation Commission with a term beginning immediately and ending on December 31, 2023.

    Vote result: Approved
  • (No quorum present) Re-appoint Jeremy Flesch as a regular member and Chad Bauer as an alternate member to the Energy and Climate Team with terms beginning August 1, 2022 and ending on July 31, 2025.

    Vote result: Approved
  • Approve and authorize the Mayor to sign these grant agreements with Truitt Consulting SciDESIGNS, University of Montana, and Inverness Research for the National Institutes of Health grant-funded project called The Link: A Collective-Impact, Place-Based Approach to Inspiring Montana’s Next Generation Healthcare Work Force.

    Vote result: Approved
  • Approve and authorize the Mayor to execute a Development Agreement and Property Management agreement with Blueline Development for The Bridge Apartments.

    Vote result: Approved

8.

  

President Jones We do have one item under final considerations.  Items listed under final consideration have had a public hearing, the hearing was held open to allow time for additional public comment before final consideration, and action by the Council.  The chairperson of the standing City Council committee will make a motion and we invite community comment on each item.  So, tonight under 8.1, we have an Ordinance amending Title 5, City Business Licenses and Regulations regarding the cannabis industry.  So, first let me go to staff to see if there is any supplemental information from staff for this final consideration. 

Cassie Tripard Cassie Tripard, Planning Supervisor.  There is no new information on this item.  This is just for the ordinance and the energy piece will be returning to LUP in the future.

President Jones Thank you.  Were there any questions from Council regarding this item under final consideration?  Ms. Vasecka.

Alderperson Vasecka I just clarify, I might have just, just missed it from what Cassie said….So, all the concerns that we had when we were originally talking about the white paper, this is just allowing changes to be made but it's not actually making the changes, is that correct?

Cassie Tripard Yeah, this ordinance is primarily to create a new business license type for cannabis, a lot of which is to help us track these businesses, establish legal non-conformities, implement building code changes….

Alderperson Vasecka Okay thank you.  I appreciate the clarification.

President Jones Yeah and just to add to that, the energy consumption issue is a separate issue, that is more complicated, that we're going to have to take some more time on.  So, we've carved it out.  Okay?  Any other questions from Council and anyone raising their hands too?  Okay, I’m not seeing any raised hands, then we will go to Mr. Hess, Chair of Land Use and Planning for the motion.

Alderperson Hess Thanks madam president.  I move it on second and final reading, we adopt an ordinance generally amending Title 5, Missoula Municipal Code, the City Business Licenses and Regulations Ordinance, to incorporate additional provisions within Chapters 5.04 Definitions and 5.08 Licensing Provisions Generally and creation of a new Chapter 5.120 entitled “Cannabis” to incorporate regulations concerning legislative changes in the cannabis industry, reorganize definitions, and update outdated process language, as referenced in Attachment A – the Proposed Ordinance.

President Jones Thank you.  And is there any public comment on this motion which is in order?  If anyone wants to come up and provide public comment, come up to the microphone.  Anyone at home who is attending virtually, raise your hand if you want to provide public comment?  Okay seeing no raised hands, any, any comments from Council?  Ms. Vasecka.

Alderperson Vasecka Thank you.  I will be in support of this tonight.  I did disagree, let me get, I did disagree a lot with the regulations to limiting frosted windows and the buffer and home occupation, but I was met with some arguments against that and I don't think I’m going to win, win that one and I don't think that this is actually the, the ordinance regarding that but I just wanted to bring that up that I was against that but I will be supporting this tonight just to get the process moving forward and allowing these businesses to be as thriveful as, as they would want to be.  So, that's why I’m going to be in support of them.

President Jones Thank you.  Mr. Hess.

Alderperson Hess Thanks.  I want to start by thanking and commending our staff for their, for their research and their hard work to bring these together with this new emerging industry and I really appreciate if anyone hasn't reviewed the white paper from, from this winter it's attached to the agenda tonight but it's really informative about odor and air quality and our climate action goals and energy consumption and just a wide range of topics of potential concern with cannabis cultivation.  When we, when we undertook the zoning action, there was a lot of talk about how the voters of Missoula County overwhelmingly approved the legalization of adult use cannabis and so our regulations should have a relatively light touch.  I think that's what we did, and I think there's an opportunity to review those as part of the code reform process but right now, this sort of ties up the, the pending work with by creating a business license type and it's a, it's a relatively light touch again.  So, I think the intent was that that hopefully reflected the will of the voters, that these establishments are welcome, and provides reasonable sideboards for, for them to exist in the community.  Again, we may have to, I think we will have to revisit what that looks like as we near the 2023 horizon where additional providers or additional businesses might be a better term are able to enter the market.  So, I’m supportive of this.  Again, thanks to staff and look forward to the continued discussion.

President Jones Thank you.  Any other comments from Council?  Anyone at home want to raise their hand and comment?  Seeing no other comments from Council, Marty could you please do a roll call vote on this item?

  • Moved by:Alderperson Hess

    [Second and final reading] Adopt an ordinance generally amending Title 5, Missoula Municipal Code, the City Business Licenses and Regulations Ordinance, to incorporate additional provisions within Chapters 5.04 Definitions and 5.08 Licensing Provisions Generally and creation of a new Chapter 5.120 entitled “Cannabis” to incorporate regulations concerning legislative changes in the cannabis industry, reorganize definitions, and update outdated process language. See Attachment A – Proposed Ordinance Amendments (July 2022).

    AYES: (10)Alderperson Carlino, Alderperson Contos, Alderperson Hess, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Sherrill, Alderperson Vasecka, Alderperson West, and Alderperson Becerra
    ABSENT: (2)Alderperson Anderson, and Alderperson Savage
    Vote result: Approved (10 to 0)

9.

  

President Jones We are opening a public hearing and closing it tonight for the Annual Assessments for Street Maintenance District #1 – Downtown.  So, Marty, if you would like to present on that under our regular public hearings and correct me if I’m wrong, but I believe we're voting on this tonight.  Is that correct?

Marty Rehbein That is correct.  Just a moment here, and I’ll get over to my staff report information.  I thought I had it up.  Thank you.  Ah, here we go.  Okay Council members, I’m just going to show the referral memo tonight many of you are aware that Street Maintenance District #1 started out as Sprinkling District in downtown Missoula.  It was established in 1909 and originally it was used to sprinkle the streets to, as a dust mitigation measure; now it is used for extra street cleaning by the city streets division and to pick up the garbage and recycling out of the trash cans that are located throughout the downtown area.  The street division provides the street sweeping services, downtown get street, gets streets get swept on a much regular basis than the rest of the community, and the downtown business improvement district has a contract with the city for emptying those trash bins and recycling bins and recycling the things that people deposit in them on a, on a regular basis.  They contract with us to provide that service pretty frequently in the summer because it's dog on busy downtown and a little bit less often in the winter, but they still do perform that service.  The city levies the special tax because these are extra services that are performed in downtown Missoula that are not available in the rest of the community, and so this year, the assessments are proposed to be $135,733.00; that represents a 0.14 or less than one percent increase from last fiscal year and by law, the assessments must be completed by the second Monday in August and so that means that we're requesting Council to approve these assessments this evening.  Thank you.

President Jones Thank you Marty.  I will call for public comment on this item, as we open this public hearing.  Are there any, any comment from anyone in the audience or at home?  Please raise your hand if you want to comment.  Seeing none, any questions from Council?  Ms. Vasecka.

Alderperson Vasecka Thanks Marty, just to be clear on this, this, all these taxes that are assessed from this location are they volunteer voluntary from the business owners that choose to be in this location?  Is that correct or is it or am I mistaking that with the Downtown Improvement District?

Marty Rehbein I think you might have it confused by the Downtown Improvement District.  So, this district has existed since 1909.  There are, I’m going to guess, very few property owners in the downtown district haven't paid this assessment, as part of their regular tax bill since they've owned it unless they bought their property before 1909, so this is existed in some form or fashion, longer than most of us.

Alderperson Vasecka Gwen, may I have a followup?

President Jones Go ahead.

Alderperson Vasecka Has there been anybody that has been delinquent in the past few years on this one or has everybody been very I guess okay with paying this tax?

Marty Rehbein I don't have answers about the delinquency rate on this particular district.  The finance office usually gets information about protested taxes.  It's my guess that if folks are protesting tax bills, they probably protest the entire bill not just this assessment, but I don't have that information at the ready tonight for you.  I’m sorry.

Alderperson Vasecka Okay and that was my mistake for not asking you ahead of time, so I apologize for that.

President Jones Any other questions from Council?  Oh, Ms., Ms. Sherrill.

Alderperson Sherrill Could I make a comment, or do I need to wait?

President Jones Just hang on, sit tight.  Okay, any other questions from Council?  Seeing none, we will have a motion from Mr. Hess.

Alderperson Hess Thank you.  I move adoption of 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 $135,733.00 for the purpose of defraying the cost of flushing and removing street rubbish from streets and avenues in the district during the fiscal year 2023.

President Jones Thank you.  Any public comment on the motion that's on the floor and is now in order?  Please raise your hand if you want to provide comment.  Okay seeing none, now we will go to Council for comments.  Ms. Sherrill.

Alderperson Sherrill I thought about trying to rephrase it as a question.  I just wanted to say that I think the percent, I think it's a 0.14% increase over the last fiscal year, which considering what's happening with inflation I think we should be really happy with that amount.  So, I’m happy to support it.

President Jones Any other comments from Council?  Ms. Vasecka.

Alderperson Vasecka Thanks.  Normally, I don't think I would support this one but with the recent increase in a lot of houseless individuals on the streets of downtown and there's been a lot of rubbish downtown because of that increase and influx of folks essentially living on the sidewalks.  So, I think that even though it is an increase, it's a minor increase.  I do think that this would be beneficial for all of our taxpayers and the business owners in that area.  So, I’m reluctantly voting yes on this, but I don't think that I’m going to regret this though, so yeah, I, I will support it tonight.

President Jones Thank you.  Any other comments from Council?  All right and no raised hands from our virtual attendees who are Councilors, trying to remember you guys?  Okay seeing no other comments, we will take a role called vote Marty.

President Jones And that passes.

  • Moved by:Alderperson Hess

    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 $135,733.00  for the purpose of defraying the cost of flushing and removing street rubbish from streets and avenues in the district during the fiscal year 2023.

    AYES: (10)Alderperson Contos, Alderperson Hess, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Sherrill, Alderperson Vasecka, Alderperson West, Alderperson Becerra, and Alderperson Carlino
    ABSENT: (2)Alderperson Anderson, and Alderperson Savage
    Vote result: Approved (10 to 0)

10.

  

President Jones Under committee reports, just for clarification’s sake, although the minutes are posted there from committee meetings, those are approved within the following committee the following week or two whenever that comes next in front of the committee.  We do have one item in front of the under committee reports and that is Resolution Requesting Missoula County refer a Crisis Services Levy to Missoula County Voters.  We did hear this in committee and there were quite a few people who presented on it and commented.  At this point, are there any further questions from Council?  I’m not sure if we have staff available, we're a little bit after the fact since I believe the County Commissioners have already voted on this and this is a, a resolution in support of that but if there's any questions from Council we can try and get them answered.  Seeing no questions from Council, we will go to a motion and Mr. Hess, you’re the man of the hour.

Alderperson Hess I move that we adopt a resolution requesting the Missoula County Commission adopt a resolution and referral to the people of Missoula County for authorization of a crisis services levy to pay costs of services to support people experiencing mental health, addiction, or housing crisis, and to facilitate criminal justice reforms.

President Jones Thank you.  We will go to public comment on the motion and thank you for pulling that up Marty.  Okay anyone in the chambers that wants to provide public comment on this item?  Seeing none, we will go to our virtual attendees Mr. Hunt, you should be able to unmute yourself.

Kevin Hunt Thank you very much madame Council President.  My name is Kevin Hunt, I reside in Ward 1 in the Rattlesnake.  The first thing I, I want everyone to understand is I strongly support all of these crisis services, in particular the mobile crisis unit which has turned out to be a, a great success and which is going to save the city a lot of money actually and so I hope my remarks aren't construed as being in opposition to any of that.  The, I. I believe that you should not be endorsing what the County Commission is doing.  I do not believe it's creative I and I think it's gonna just add to another crisis that we have going in Missoula and Missoula County which is the oppressive, non-progressive, property tax rates which are greatly stressing out and causing much housing insecurity for the elderly, the disabled, the retired, and other long-times and fixed-income Missoula homeowners and of course these increases are always passed along to the renters in Missoula and as I know, I’m sure all of you know 51% of our population rents.  And I believe too, if I recall my data correctly, 2/3 of them are cost burdened and 1/3 are struggling on less than $25,000.00 a year and cannot afford a dime more.  So, I think this is not a creative solution.  There must be another means of doing this found and what whether you pass this resolution or not has no effect on whether the County Commissioners actually place this on the ballot before the voters.  You could, you could simply be neutral and, and that's, that's what I ask that you do.  My, my real concern is, is a is a conservative backlash that comes out of this and, and, and foments a movement to for ballot measures to place proposition 13 type caps and things like that and I, I just think that this is not a wise decision for a variety of reasons including those long-term reasons.  I think that the, the county and the city needs to have a joint committee that, that explores and comes up with a more creative solution.  I don't know if this is legal but once if it's, if it's permissible as a local option sales tax, I’d like to see a 1% tax on all house sales in Missoula that are at or above a certain price point.  That price point to be determined by local and national economic indicators.  I’m tired of this non-progressive oppression of the working people of this town and the people who are barely making it and it seems to be benefiting primarily the wealthiest.  It’s time they paid their fair share and I guess that's all I have to say, but again I do support what this is for.  I totally understand it if people on the Council that I very much respect go ahead and vote for it, I understand why, that's fine but all I can say is let's just wait and see how that works out for everybody.  Thank you.

President Jones Thank you.  Any other public comment on this item?  Okay seeing none, any comments from Council on this motion on the crisis services levy?  Ms. West and then Mr. Nugent.

Alderperson West So, I think when we have the opportunity to put something on a ballot and pose it or give our citizens the opportunity to vote, I think we should do that.  I think it is a neutral position and that it allows everyone to engage on this subject and it is obviously a very important subject that affects many people, so I’ll leave it at that. 

President Jones Thank you.  Mr. Nugent.

Alderperson Mike Nugent Thank you madam president.  I, I think this is a very intensely personal issue for a lot of people, in that almost everybody I’ve talked about the issues of houselessness in Missoula have slightly different takes, a lot of them are nuanced.  People are very passionate all across the board and I, I agree.  I think this is an opportunity for the community of Missoula to tell us if this is a priority or if it's not and I think that as we've been hearing people talk about the need for this, there's a lot of good being done in programs that are currently funded by ARPA and other federal dollars that if we don't find a funding source, they will go away and you know I respect the public commenters thoughts, but we, we as a Council can't do funding mechanisms that aren't granted to us by state law.  We do not have the option to do a local option sales tax, that is not something a power given to a local government, that's something that we would need to take up with the State Legislature and frankly, the State Constitution bans transfer taxes that was a public amendment about 20 years ago.  So, I think that I understand the need for creativity and I, I think that we all would agree with that but as far as the creative ways that the city or the county can come up with to fund important programs, we really don't have it.  Like, we are very limited in what we could do, and we are very sensitive to the, the, the expense that the property tax can put on people and that's why I think this all needs to be thought out and I think it's important to go to the community and ask is this a priority.  You know some of the programs that we talk about the, the temporary safe outdoor space, almost 50% of the residents who have gone through the temporary safe outdoor space have either found permanent housing or have been reunited with family members that have been moved to housing that's not on the street or in a park or in a public domain somewhere. I mean that's a success point, one out of every two, that's making a difference in our community.  The mobile support team, to me, is one of the best things this community's done in the last several years, responding to people in need and trying to take pressure off of both our police department and our fire department are huge positives, and over 65% of the people that, that program responds to are not houseless, they are, they are average, everyday residents who are struggling and, and we've created a program that really makes a difference.  The reality is that the city and the county, cities and counties across the country and across the state have been asked to fill the gaps in, in areas that the federal government has let us down and the state government has let us down.  And I know people get sick of us bringing that up, but our realities don't change like the this is, the, the system we're in.  This is where revenue that supports local government comes from, so that's what we have in front of us.  If people really want to change it, they need to go to the state legislature, talk to their representatives, talk to other representatives from other communities, and explain why this is important and why this stuff matters.  I think how the residents of Missoula decide to, to pay their hard-earned tax dollars is an illustration of the community's priorities.  The Mayor likes to say that in, in when he's talking about the budget, and I think it's very true here too and I think it's an opportunity for all of us to know where our community stands on this and I fully support putting this out to the voters.

President Jones Thank you.  Ms. Vasecka.

Alderperson Vasecka Thanks.  So, I, I agree with a lot of what my colleagues on Council have said because these are really important programs, I do believe that.  I know that a lot of my colleagues on Council have seen, seen what has gone in with our houseless folks.  I’m just going to call out my wardmate Kristen because her and I have done a lot of these things together.  We went to do the, the reserve by Reserve Street Bridge cleanup together.  We have toured the, the authorized camping site together.  We have a lot of constituents that are, are facing houselessness and I do agree with, that these programs are necessary.  I don't believe that putting this to the voters is the last, I, I think that putting it these this option to the voters is the last resort and I don't think that we are actually at the last resort yet.  I agree with the public commenter, Mr. Hunt, saying that this is, this isn't very creative.  I believe that we can actually find funding in our budget that would be important enough that we could switch some pet projects around and put those on the back burner and actually fund these programs.  I do believe that if, if we were going to put everything that we thought was important to the voters and I think we should put the budget for the voters and see what they thought was the most important part or if this was important that we should be finding it with a levy.  So, I just, I don't think that sorry, I think that using ARPA funds for this at the beginning to have a one-time funding source for this was kind of a bait-and-switch for the constituents, saying these are great programs, look how great they are and then taking them away because it was one-time funding for it, which I also believe that it was kind of inappropriate usage of ARPA funding in the beginning because APRA funding was basically for COVID, and this houselessness problem has been going on for years and years and years.  So, with that, I, I, I cannot support adding an additional tax to our constituents because with the supply chain issues, increasing property taxes, increasing prices on groceries and gas, it's just, it's hard for, it's hard for everyone, everyone that's staying in their house, everyone that's renting, it's….I can't support the resolution to support putting this on the ballot, so I will not be in favor of this. 

President Jones Thank you.  I’m going to go to Ms. Jordan and then to Mr. Hess.

Alderperson Kristen Jordan Thank you.  I think everyone knows that this is a really important service to me.  I played a key role in organizing the initial funding for the mobile crisis team.  I played a key role in setting up all the metrics to ensure that this was a bang for buck program.  I really enjoyed getting to know folks from the police department and the fire department when we set this program up.  I’m, I agree with a lot of what's been said.  I don't think that this is creative funding and I think that you know democracy covers a lot of different things and not just this budget.  I am pro-police; however, when we get a budget from them that includes a $400,000.00 other category that can't be broken down, I find myself really frustrated that we have this bang for buck program that everybody loves, that is saving us a ton of money, seeing them come ask for alternative funding sources is really frustrating to me.  The science is behind this program, it deserves to be hard funded, and I think that this is another case to be made for zero balanced budgeting.  And for all of our staff and elected folks who are listening to this, I, I support the work.  I just think that we need to do things a little differently to make sure that these amazing programs like this don't have to ask for money like this.  I’m disappointed; I’m going to vote for this because I support the program and I support our County Commissioners, but we do have to get more creative about where we find money to pay for programs that are proven effective and that's the end of my comment.

President Jones Thank you.  Mr. Hess.

Alderperson Hess Thanks.  This issue highlights the dysfunction of our tax code in the State of Montana, some of our comments that we've heard from Council and members of the public really highlights that we are working on a tax, with a tax code that was that was developed decades ago for an economy that doesn't exist anymore and it's really like, like, Mr. Nugent said, we, we continue to say it and it continues to be true and so we have to continue to say it and, and I think we are given lots of opportunities to talk about how dysfunctional and regressive our, our property tax-based system is in the State of Montana.  Unfortunately, it's what we've got.  I, so I’m gonna, I’m gonna support and also I, I in general I support putting things out to the voters and that's what we're doing here.  We're asking the voters if they value these programs and, and these programs came about largely as a function of some of the challenges that were exacerbated during the pandemic and were funded with, with pandemic relief money.  As many people have said, we've come to see how critical these programs are to our community and I, I hope that we're able to sustain them.  I do want to say that I think the executive budget as a function of the Mayor and the chief administrative officer, and the department heads is an exercise in creative thinking.  It is an exercise that is many months in the in development and I sometimes bristle that the idea that we're not that the idea that we need to think creatively is you is a euphemism for, for cutting something and I mean we hear we hear pet projects as a term that's thrown around and to me police and parks and streets and the nuts and bolts of government are not pet projects.  I believe that the City of Missoula operates efficiently, that it operates effectively, and that it operates on a lean margin, and I believe that we are working in a dysfunctional revenue environment in the State of Montana and that's why we're in this position.  I don't think it has anything to do with a lack of creative thinking, so I’m happy to support this and I, I am also troubled that we have to go this route in order to sustain these important programs but it's the reality we have.

President Jones Thank you.  Oh, down at this end…All right, we’ll go with Ms. Sherrill and then Ms. Vasecka.

Alderperson Sherrill Yeah thanks and I appreciate all of my colleagues’ comments.  I, I think that it's an important issue and I’m glad that everyone is thinking it through and I’m happy that we have the opportunity as City Council to weigh in on this even though the, the County Commissioners have already voted to put it on the ballot.  You know, unfortunately, COVID exacerbated a problem that was already happening.  During COVID there were some estimates, I remember reading an article saying that there that they anticipated up to 40, a 40% increase in our homelessness around the country.  I mean 40 %, I remember years ago reading an article that L.A. had a 14% increase in their homelessness population, and they were an in an absolute panic.  They were seeing diseases coming back that they hadn't seen for a long time because of the sanitation in some of the homeless camps and that is not any way for any human being to have to live and so I generally support these programs for that, for the dignity of humans.  You know, the ARPA funds gave us an opportunity, I, I disrespectfully disagree with my colleague, those were really important use of ARPA funds and I’m thrilled that we had that opportunity to invest in some of some of this problem and also to have some time to really get that mobile support unit up and running and see that it's a successful program.  I am thrilled to be investing more money in that in the in the coming years.  So, you know I, I think that this is this is again one of the things that is said regularly about the budget is that that it does, it does show our values and I think that voting for it to, to let the voters decide shows our values, that we value the voters opinion number one and that it's something that's important for our community.  So, I am happy to support it.  I appreciate everyone's comments and we'll look forward to seeing what happens in November.

President Jones Ms. Vasecka.

Alderperson Vasecka Thank you and Ms. Sherrill, I am happy that we have a lot of folks on Council that disagree because that's what where discussions and policy is made.  So, I’m happy that we can have a, a great discussion about this and Mr. Hess, I apologize for making a euphemism.  I should have been more blunt I do think that we should put things on the back burner and not fund them and fund this instead.  So, I just wanted to be clear on that and that I do think that this is more important than other things in the budget.

President Jones All right, seeing no other Council comment, I will just weigh in briefly.  And I will say that my perspective is if we had other tools to use to fund these necessary programs, we'd be using them.  I think we're a chronically underfunded city, as cities are across Montana.  As Mr. Hess referenced, we have a very dysfunctional broken taxation system that needs attention and we're going to have a very difficult budget session in the next couple weeks, as we do our budget and my understanding is a great majority of other cities across Montana are in the same situation as us, at the same time as there is a huge surplus at the state level.  So, I’m hoping there are more discussions regarding how to approach our revenue in Missoula and in cities across Montana because I would love to have more revenue.  My impression of our city is that a huge amount of work and effort goes in to stretch our budget to provide the level of services that are expected in this community, and it's very difficult and challenging and stressful frankly but the city makes it work because these are the resources we have.  To me, being creative means having revenue sources that come from different pockets than from property taxes here in Missoula because I don't care what label you put on it, if everything's coming from the same pocket, there is a huge amount of stress there on property taxpayers, be they renters or property owners, and it's not a good sustainable situations.  So, for years I’ve been saying we need tax reform and I really, really mean it and I hope that we get it eventually.  And when I say that we're underfunded, I would love to have more money to put towards affordable housing, to put towards Missoula Aging Services, to put towards parks creating more programs with other elementary schools, as they have with Lowell Elementary School.  So, I would love to have those resources and in terms of being creative, I think that means having other sources of revenue and a more diverse tax base so that we don't tap out the same people all the time because that's what's happening, and we don't have any other tools.  So, I don't think it's a lack of creativity, I think it's being hemmed in by the laws that govern us, and I can guarantee you other municipalities in Montana feel the same way.  So, my two cents and I’m always happy to come talk to the legislature about my point of view, I have in the past, they don't seem too interested in me, but I will continue to knock on that door. I see no other Council comment, so we will go to a roll call vote on this Marty.

  • Moved by:Alderperson Hess

    Adopt a resolution requesting the Missoula County Commission adopt a resolution and referral to the people of Missoula County for authorization of a crisis services levy to pay costs of services to support people experiencing mental health, addiction, or housing crisis, and to facilitate criminal justice reforms.

    AYES: (8)Alderperson Hess, Alderperson Jones, Alderperson Jordan, Alderperson Nugent, Alderperson Sherrill, Alderperson West, Alderperson Becerra, and Alderperson Carlino
    NAYS: (2)Alderperson Vasecka, and Alderperson Contos
    ABSENT: (2)Alderperson Anderson, and Alderperson Savage
    Vote result: Approved (8 to 2)

11.

  

None.

12.

  

President Jones Since I’m in that spot tonight, I will just say that I know there are a lot of people mourning the passing of Vin Scully who was the announcer for the L.A. Dodgers for many, many, many years and go Dodgers.  So, anyway, that's it's an institution and it's, it's been a major event to see Mr. Scully's memorials.

President Jones All right, we'll go to general comments of City Council members, and I will start with Ms. Vasecka.

Alderperson Vasecka Thank you and first of all I wanted to thank everyone for indulging me in my many comments tonight.  Thank you about that.  For everybody else in the in the public and in Council and everyone that's thinking about coming to the Missoula County Fair, I would highly recommend people to go to the local vendors that are there, support local businesses, even outside of the fair, even if you can just buy local for eggs or meat or chickens or anything like that.  I know it's a little bit more expensive but usually the quality is better, and you are helping out your neighbors, and I know that everyone's struggling at the moment but every little dollar that you put into supporting a local business does help that local business.  So, I highly recommend buying local and I hope that you all have a really good time at the fair this week and it's going to be really hot so wear your sunscreen.

President Jones Ms. Sherrill.

Alderperson Sherrill Thanks and first I wanted to thank City Club for a really kind of exciting debate earlier.  If you didn't see that, I think they've recorded it on MCAT.  It was Monica Tranel, Ryan Zinke, and I’m sorry I don't remember his first name, but Mr. Lamb and they debated at City Club.  It was really interesting, and I kept raising my hand because I got to be the question asker for my table, but they never called on me so I’m going to talk about my question here even though I don't get to watch them debate it which would have been interesting.  So, you know we talk a lot about labor shortages, and we know that this is a huge issue for businesses locally and nationally.  This means we don't have childcare workers, camp counselors, servers in restaurants, farm workers, grocery stores stockers, you know factory workers, you know, you name it.  Additionally, a big question that is on, on a lot of our elected's mind nationally is how to dampen inflation without triggering a recession and in, in this situation a simple way to do that would be to increase your supply of labor.  There are currently two job openings for every one job seeker in America.  Part of this is due to the great resignation of baby boomers, part is because we had 250,000 working age people in our country die of COVID and also part of it is due to the lack of childcare, but a less known piece of the labor shortage is how even before COVID, the change in the immigration policies under Donald Trump's restrictive, restrictive visa policy specifically played a role.  Even though this is bounced back a little bit under the current administration, U.C. researchers estimate that the Trump years left us with a labor shortage of 1.6 million foreign-born workers.  So, so basically instead of migrants taking our jobs, which is what we hear, bringing in more refugees and migrant workers to ease the labor shortage would help, not only to slow down inflation but also to build up our economy.  So, I’ve been reading a lot about this.  I really wanted to ask the candidates today, had they thought about that?  Had they thought about immigration policies or incentives for immigration?  I, I think it's just important.  I know we're not voting on that on City Council but I, I think it's interesting just to consider our immigration policies in the future , if we welcome refugees to our community and also as we vote for candidates that understand the interplay of economics and immigration policies.

President Jones Thank you.  Mr. Hess.

Alderperson Hess I’ll pass tonight, thanks.

President Jones Mr. Nugent.

Alderperson Nugent Thank you.  I just want to make one comment about TIF based on kind of earlier comments.  I think it's important to kind of point out that, that how TIF works is money is given in hopes of recouping that money as an investment and creating more tax on a property to fund other projects in the district.  So, the district can't be all public projects that do not generate any tax revenue, it needs to have a balance and so sometimes I think in the conversation that gets lost and I, I’m all for talking more about how we, how the MRA board determines projects and things like that, but I think that that is important to point that out when we have comments on that that the only way that works is if there are if there are projects in the district that are creating more tax increase, property tax increase than they are, than they were to begin with because that funds the projects. 

President Jones Thank you.  Mr. Contos.

Alderperson Contos I’ll pass, thank you.

President Jones Ms. West.

Alderperson West  I just, excuse me.  I just want to remind everyone that tomorrow is the cutoff to get discounts on the carnival tickets for the fair.  So, if you want to get a week-long pass or day passes, you can get them later too but they're slightly cheaper until tomorrow.  The fair office closes at 4:30 p.m. and I also just briefly wanted to talk about my Ward mate, Jennifer Savage.  She was entirely open about having a short-term rental when she was running for office.  It hasn't been anything that she has I, I guess hidden throughout her time here in Missoula and I actually really appreciated her comments on Wednesday because rather than saying not to raise the fees, she pointed out that there are additional fees that are outside of the discussion we were having that are also included when folks register short-term rentals, which I had forgotten, even though I was around, as were some of us when we crafted the short-term rental ordinance and I forgot that there were additional health department fees that are actually far more than ours.  So, I thought it was helpful information and added to the discussion.  So, thanks.

President Jones Thank you.  Mr. Carlino.

Alderperson Carlino Thanks.  Yeah, I was lucky enough to get to watch some of the congressional debate here in Missoula on YouTube today too and I thought it was interesting Monica Tranel talked about also trying to take on short-term rentals as an issue with our housing crisis.  She said she has heard a lot about that from constituents throughout western Montana and I just think that's something interesting for us to think about, as we just got the study back.  And as we're trying to take on our housing crisis in Missoula, we're asking our neighbors to accommodate a lot of growth around town, and I just think it's really fair to make sure that that growth is going to be for homes that help alleviate a housing crisis and not residential hotels.  So, I hope we can keep thinking about that and not brush this issue under the rug, vacation rentals taking over residential homes.

President Jones Ms. Jordan.

Alderperson Kristen Jordan I’ll pass, thank you.

President Jones And Ms. Becerra.

Alderperson Becerra Pass, thank you.

15.

  

President Jones We will stand adjourned and thank you for your service.  

The meeting adjourned at 7:21 p.m.

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