HomeMy WebLinkAbout09-16-19 City Commission Packet Materials - C14. Res 5093, Method of Adoption of Parks and Trails District Via Special Election1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Mitch Overton, Parks and Recreation Director
Greg Sullivan, City Attorney
Chuck Winn, Assistant City Manager
Andrea Surratt, City Manager
SUBJECT: Resolution 5093, Setting Method of Adoption of a Parks and Trails
Special District via Election in 2020, and Returning to Commission with Ballot Language and
Election Dates Prior to end of 2019
MEETING DATE: September 16, 2019
AGENDA ITEM TYPE: Consent
SUGGESTED MOTION: I move to adopt Resolution 5093, vacating the City Commission
June 3, 2019 decision to create a Citywide Parks and Trails Special District by resolution and
protest and requesting the City Manager return to the Commission in late Fall 2019 with
proposed ballot language and potential dates for a late Winter/Spring 2020 referendum.
STRATEGIC PLAN: This project aligns with Vision Statement 4, A Well Planned City which
states, “We consistently improve our community’s quality of life as it grows and changes,
honoring our sense of place and the ‘Bozeman feel’ as we plan for a livable, affordable, more
connected city”. Strategy 4.3 Strategic Infrastructure Choices – Prioritizing long-term investment
and maintenance for existing and new infrastructure, lists Action Item: “a) Develop a
Comprehensive Parks Maintenance and Facilities Funding Program.”
BACKGROUND:
On March 4, 2019 the City Commission voted to direct the City Manager to take the necessary
steps to implement a city-wide Parks and Trails District (the “District”) over a five year period
and to create the District by referendum at the November 2019 General Election. See the packet
materials for the 3/4/2019 Commission meeting. Then, at the June 3, 2019, meeting the
Commission voted to adopt the motion to “direct the City Manager to bring to the City
Commission a resolution of intent to create a parks and trails special district by resolution and
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protest in time for the district to be created prior to the end of calendar year 2019.” (see the
packet materials for the 6/3/2019 Commission meeting and the Supplemental Materials for the
June 3, 2019 meeting). The motion passed 3-2.
It now appears a majority of the City Commission desires to forego creating the District through
resolution/protest process in favor of ordering a referendum on its creation. Adopting Resolution
5093 will ensure City staff do not begin the process of creating the District through the
resolution/protest process but rather begin the steps to work with the Gallatin County Elections
Administrator to conduct a referendum on creation.
As such, adopting Resolution 5093 will do the following:
1. Vacate the June 3, 2019 decision directing creation through the resolution/protest
process; and
2. Request the City Manager bring a resolution to the Commission later this Fall outlining
the steps and possible dates for ordering a referendum.
In the June 3, 2019 memorandum to the Commission, we provided you information on the
process and possible dates for a referendum. To be clear, adopting this resolution does not order
the referendum; rather, this resolution merely vacates the previous Commission decision to
create the district using the resolution/protest process and requires additional action by the
Commission to adopt ballot language and select a date for the referendum. Again, we anticipate
bringing this before the Commission later this Fall.
FISCAL EFFECTS: Anticipated costs of the referendum will be provided at the follow up
meeting later this Fall.
NEXT STEPS: If the Commission adopts Resolution 5093, the City Manager will return to the
Commission later this Fall with proposed ballot language and potential dates for a late
Winter/Spring 2020 referendum
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: As suggested by the City Commission.
Attachments:
Resolution 5093
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RESOLUTION NO. 5059
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
VACATING A DECISION TO CREATE A PARK AND TRAIL SPECIAL DISTRICT BY
RESOLUTION AND PROTEST AND INSTEAD REQUEST THE CITY MANAGER TO
TAKE STEPS TO CALL FOR A REFERENDUM ON CREATION TO BE HELD IN 2020
WHEREAS, the City Commission of the City of Bozeman, Montana voted on June 3,
2019 to create a Park and Trail Special District through the resolution and protest process as
authorized by §7-11-1003(a)(i), MCA; and
WHEREAS, the City Commission determines to vacate such decision in favor of
creating a Parks and Trails Special District by ordering a referendum on the creation of such district
pursuant to §7-11-1003(a)(ii), MCA; and
WHEREAS, the City Commission desires to select a specific date and adopt ballot
language in the late Fall of 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana as follows:
Section 1
The Commission hereby vacates its decision of June 3, 2019 to seek creation of a Park and
Trail Special District by resolution and protest as authorized by §7-11-1003(a)(i), MCA.
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Section 2
The Commission requests the City Manager bring before the Commission in the late Fall
of 2019 a resolution calling for a referendum on the creation of a Park and Trail Special District
pursuant to §7-11-1003(a)(ii), MCA. The Commission requests the resolution to be presented by
the City Manager include specific ballot language to be placed on the ballot and provide a
recommendation and alternatives for the date of the special election.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 16th day of September, 2019.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_____________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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