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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 293 2 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 294 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. 295 Page 2 of 2 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 296