Agenda Items

City of Billings Legislative Report to City Council Sixteenth Week of the Legislature May 1, 2015

The 64th Legislative Session adjourned on April 28th, the 87th Day of the Session. HB 2, the General Appropriations Act, was passed by the Legislature on April 24th and has been transmitted to the Governor. It includes supplemental funding for fiscal 2015, a state employee pay plan and includes funding for the Local Government Center at MSU. HB 2 does not include funding for the Early Edge education program. HB 2 adopts a General Fund budget of $4.05 billion for the 2016-2017 biennium, an increase of 6.1% over the current 2014-2015 biennium. Total spending in the budget is about $10.15 billion.

The Legislature adjourned without passing SB 416, which would have provided $150 million for construction of statewide infrastructure projects through a combination of cash, bonds and local government spending authority. It also adjourned without passing HB 402, which would have funded Eastern Montana infrastructure projects related to oil and gas development.

Although HB 5, the Build Montana Act, was tabled by the House Appropriations Committee, the Legislature endorsed spending for some infrastructure projects by passing HBs 6, 7, 8, 11, 180 and 403. Total funding for projects approved under these bills is about $100 million.

For the Session, 1187 bills were introduced, of the 2471 filed bill draft requests. The Legislature passed 512 bills and 78 resolutions. As of April 30, the Governor has signed 363 bills into law and vetoed 33 bills.

For this Report, the following topics and bill draft requests are highlighted:  The local impact option authority bill (LC 0599) was not introduced this Session.  The Governor’s “Healthy Montana Plan”, HB 249, which included Medicaid expansion, was rejected in the House through a “Do Not Pass” determination. Sen. Ed Buttrey’s SB 405 is the compromise Medicaid expansion proposal. SB 405 passed the Legislature and was signed by the Governor on April 29th.  SB 103, sponsored by Sen. Mary Caferro, would have provided a presumption for certain illnesses under workers compensation in favor of paid firefighters. It was tabled.  SB 157, sponsored by Sen. Bruce Tutvedt, will revise property reappraisals to a two year cycle and adjust tax rates in reappraised classes. It simplifies property tax administration by eliminating the Homestead and Comstead exemptions but retaining their benefit to property owners. It also eliminates the 6 year reappraisal value phase-in that has been problematic for the City of Billings for at least the past 2 reappraisal cycles. The Bill passed the Legislature, and was signed by the Governor on April 29th.  SB 171, sponsored by Sen. Bruce Tutvedt, would reduce income taxes and income tax rates. It also is a tax simplification bill. It is the only income tax reduction bill to survive

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the process (others failed in the Legislature or were vetoed earlier in the Session). SB 171 was transmitted to the Governor on April 28th.  SB 214, sponsored by Sen. Elsie Arntzen, would have revised laws regarding county islands within city boundaries. The Bill was tabled and missed transmittal deadlines.  SB 262, sponsored by Sen. Chas Vincent, is the water rights compact with the Confederated Salish and Kootenai Tribes. The Legislature ratified the compact, and the Bill was signed by the Governor on April 24th.  SB 289, sponsored by Sen. , revises campaign finance laws by requiring disclosure of “dark money” contributors. The Bill passed the Legislature and was signed by the Governor on April 22nd.  SB 301, introduced by Sen. , would have revised laws on the PSC regulation of municipal utilities. The Bill missed the transmittal deadlines.  SB 360 (LC 1355), introduced by Sen. Doug Kary, would have allowed local governments to prohibit public intoxication by ordinance. SB 360 passed in the Senate by a vote of 29 to 21. It was tabled in the House Judiciary Committee. A motion for reconsideration failed in Committee on a tie vote of 9 to 9. The Bill failed to meet transmittal deadlines.  SB 404 was introduced by Sen. Elsie Arntzen. It would have exempted the 95 mill school levy from tax increment financing. The Bill was tabled in Senate Taxation Committee.  SB 406, introduced by Sen. Robyn Driscoll, would have revised the Montana Marijuana Act passed in the 2011 Session. The Bill was tabled in Senate Judiciary.  HB 213, sponsored by Rep. Mike Miller, would have increased the exemption amounts under the business equipment tax laws. It was tabled in the House Appropriations Committee.  HB 224, requested by Rep. Zac Perry, would have revised building code programs to increase the reserve authority from 12 to 24 months. It passed the House and was tabled in the Senate Local Government Committee.  HB 275, introduced by Rep. Nancy Wilson, would have raised the gasoline tax by 5 cents per gallon and used the proceeds to fund road maintenance and public transportation. The Bill was tabled and missed transmittal deadlines.  HB 297, introduced by Rep. Virginia Court, would have prohibited the use of cell phones while driving anywhere in the State. The Bill was amended to apply only to texting while driving. It passed the House, but failed on 2nd Reading in the Senate.  HB 33, introduced by Rep. Nichols Schwaderer, would have limited the use of cameras by local governments in facilities. It failed in the House by a 50 to 50 vote.  HB 344 was introduced by Rep. Daniel Zolnikov. The Bill would have prohibited the use of license plate scanners, except in certain circumstances, and would have limited access to information obtained from scanners. It passed the House, but failed in the Senate Judiciary Committee.  HB 463 was introduced by Rep. Kelly McCarthy to revise civil asset forfeiture related to criminal drug cases. It passed the Legislature, and was transmitted to the Governor on April 25th.

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 HB 471, introduced by Rep. Rob Cook, would permit an inflationary adjustment for mill levies at the average rate of inflation for the prior three years. This Bill would not apply to the City of Billings due to its Charter property tax levy cap. HB 471 was tabled in the House Taxation Committee.  HB 512, requested by Rep. Dale Mortensen, would approve and fund a branch crime lab in Yellowstone County. HB 512, as amended, passed the House. The amendments reduced the appropriations for this project from $5.8 million to $310,000 for leasing expenses and $1.2 million for services and operating expenses. The Conference Committee report was adopted by the Senate and the House on April 24th. The Bill will be transmitted to the Governor.  SJ 31 was introduced by Sen. to conduct an interim study of Tax Increment Financing Districts. It passed the Senate but it failed in the House when the Legislature adjourned.  HJ 25 was introduced by Rep. Daniel Zolnikov to conduct an interim study of mental health, homelessness, substance abuse and incarceration but died in committee when the Legislature adjourned.

I look forward to discussing these and other legislative matters with City Administrator Volek and City Council. Please contact me if you have any questions or would like information on any particular topic or bill.

Ed Bartlett, City of Billings Lobbyist, cell: 406-431-6014; email: [email protected]

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Planning & Community Services Department FY16 Budget

City Council Work Session May 4, 2015

1 Department Funds

 FUND 010-4300 CODE ENFORCEMENT, GENERAL FUND - PAGE 89  FUND 209 BUILDING, SPECIAL REVENUE - PAGE 90  FUNDS 238, 239, 240 PLANNING, SPECIAL REVENUE - PAGE 100  FUNDS 266-299 COMMUNITY DEVELOPMENT, SPECIAL REVENUE – PAGES 97 - 103

2 Recent Achievements

Planning Community Development • Redirected $1M in • 19 houses rehabilitated CTEP funds to 13 • 55 First Time Homebuyer Loans issued projects • Homeless initiatives • Long Range • Sold Irma House Transportation Plan - • Placed 136 AmeriCorps VISTA volunteers adopted • Completed Consolidated Plan • ZooMT to Riverfront Park Trail Feasibility Study - adopted • Hwy 3 Corridor Building Code Study - adopted • A record number of Enforcement • Processed 24 final permits issued: 11,770 • 4,113 cases opened subdivision plats, 16 • Additional Plan • 1 court-ordered preliminary plats, 22 Examiner hired demolition 59 abandoned zone changes, 11 • New Inspector hired • special reviews and structures voluntarily • Kim Palmieri retired closed, boarded, or 42 variances 3 demolished Planning & Community Services Department Director

Receptionist

Community Development Building Division Manager Planning Division Manager Manager Chief Building Official

Transportation Planners Program Coordinator (2 FTE) (2 FTE) Plan Examiners (4 FTE)

Bike/Ped Coord. (.6 FTE) Grants Technician (1.5 FTE) Building Inspectors (6 FTE) Subdivision Coordinator (1 FTE) AmeriCorp VISTA Administrative Secretary (29 Volunteers) (1 FTE) Zoning Coordinator / Code Enforcement Supervisor (1 FTE) Building Clerks (2 FTE) Commercial CE Officer Planner I (1 FTE ) (1 FTE) Residential CE Officer Planning Assistant (1 FTE) (2 FTE) 34 employees Planning Clerk (1 FTE) Code Enforcement Clerk (.5 FTE)

4 Department Revenue Sources – FY16

FEDERAL LICENSES & G R A N T, PERMITS, $2,478,488 , 47% $1,719,600 , 33%

PROPERTY TAX, $736,698 , 14%

CHARGES FOR SERVICE, OTHER GRANTS $290,538 , 6% and TRANSFERS, $6,969 , 0% 5 Revenue Sources by Division

$1,800,000 OTHER GRANTS and $1,600,000 TRANSFERS

$1,400,000 CHARGES FOR SERVICE $290,538

$1,200,000 FEDERAL GRANT $1,000,000 $1,777,019 $1,692,600 $701,469 $800,000 LICENSES & PERMITS

$600,000 PROPERTY TAX $27,000 $400,000

$420,000 $200,000 $316,698

$- Building Code Community Planning Enforcement Development

6 Department Expenditures – FY16

OPERATION AND MAINTENANCE, & PERSONAL PROJECTS SERVICES/ $2,393,006,48% ADMINISTRATION, $2,653,219, 52%

7 Expenditures by Division

$1,800,000

$1,600,000

$1,400,000 $589,980 OPERATIONS, MAINTENANCE $573,346 & PROJECTS $1,200,000

$1,000,000 $1,163,581 PERSONAL SERVICES/ADMINISTRATION $800,000

$600,000 $1,055,785 $985,201

$400,000 $66,099 $393,438 $200,000 $250,599

$0 Building Code Community Planning Enforcement Development

8 Projected Reserves

 BUILDING DIVISION: $2,005,235, 122% OF OPERATING BUDGET

(RECOMMENDED RESERVE = 25%)

 PLANNING DIVISION: $213,483 14% OF OPERATING BUDGET

(RECOMMENDED RESERVE = 13%)

 CODE ENFORCEMENT DIVISION: N/A

 COMMUNITY DEVELOPMENT DIVISION: N/A

9 FY16 Supplemental Budget Requests

Code Enforcement $2,400 for radio upgrades – granted RECENTLY ADDED – NEW OFFICER (funded thru Public Works)

Community Development $9,873 Rent - granted

Building $50,000 Mobile Fire/Building Inspection software and equipment to Fire Department - granted

Planning $12,292 to convert part-time Bicycle/Pedestrian Coordinator position to full-time - denied $3,500 to replace office furniture and purchase presentation monitor for conference room - denied

10 City Council Strategic Plan Goals FY16 Department Actions

Honest, responsive • Regulatory compliance government • Improved case management

Comprehensive, • Long range growth plan for data driven decision making orderly growth • Equitable, affordable housing choice

• Safe, connected, multi-modal trail system Transportation • Complete streets

Sustainable Economic • Increased homeownership Development • Effective anti-poverty initiatives Involved, United • Informed and engaged citizens Community

Public Safety • Safe and clean community

11 2015 -2016 Focus Areas

Community Development • Billings Metro VISTA Program • Home Repair Programs • Foreclosure Acquisition Program • Affordable Housing Program

Planning • Growth Policy Update • Rims to Valley Accessibility Code Study Enforcement • Transportation Safety Plan • Neighborhood TUNE- • West End Traffic Study UP • Sheriff’s Detail Building Division Supervision • Building Permit Information Mapping Tool • Mobile Inspection Data Entry 12 13 Other Items

CITY OF BILLINGS ARBOR DAY CELEBRATION

May 8th, 2015- Riverfront Park ~ 7:30 AM-2:30 PM

AGENDA

7:00 a.m. Planning crew meets to discuss work plan for the day

7:30 a.m. Arborist & Volunteers arrive, sign liability wavers, and assign task for the day

8:00 a.m. Work Projects Begin

8:45 a.m. Students Arrive

9:00 a.m. Students Begin Stations

11:30 a.m. Volunteers Lunch  Thanks volunteers for coming  Awards prizes

11:50 a.m. Students Lunch

ARBOR DAY CEREMONY

12:15 p.m. Invited Guests Arrive

12:30 p.m. Michael Whitaker, Director of Parks and Recreation  Welcomes community  Thank workers for their service  Recognizes Arbor Day planning team

12:35 p.m. Rick DeVore, Chair Billings Parks, Recreation and Cemetery Board  Introduce City Council, Park Board Members, other dignitaries

12:40 p.m. Mayor Tom Hanel, City of Billings  Recognize students and guests for attending  City of Billings Arbor Day Proclamation  History of Arbor Day

12:55p.m. Terry Bouck, School District 2 Superintendent  Arbor Day remarks

1:05 p.m. Presentation of Tree City USA Award

1:10 p.m. Jon Thompson- Superintendent of Parks, City of Billings  Remarks on the tree selected  Name of tree  Thank you

1:15 p.m. Tree planting with kids and dignitaries –Ceremony Concludes

1:30p.m. Students are free to hang around or board busses back to school

2:30 p.m. Wrap up work projects and Day concluded