JOURNAL OF PROCEEDINGS MISSOULA CITY COUNCIL APRIL 16, 2012

CALL TO ORDER AND ROLL CALL

The meeting of the Missoula City Council was called to order by Mayor Engen at 7:00 P.M. in the Council Chambers at 140 West Pine Street. Present were Alderwomen Copple, Marler, and Wolken and Aldermen Childers, Haines, Hertz, Jaffe, O’Herron, Strohmaier, Taft, Wiener and Wilkins. Also present were Chief Administrative Officer Bender, City Attorney Nugent, Finance Director Ramharter, Public Information/Communications Officer Merriam and City Clerk Rehbein.

COMMUNICATIONS FROM MAYOR

 Support the International Choral Festival Day

Mayor Engen proclaimed April 21, 2012 as Support the International Choral Festival Day.

Melissa Blunt, Executive Director of the International Choral Festival of Missoula. She thanked the City Council for including them in their meeting and thanked Mayor Engen for reading the proclamation that April 21st is Support the Choral Festival Day. That means a lot to them in their fundraising telethon coming up this weekend to help get the word out about the event. It’s co-sponsored by KPAX TV and Southgate Mall and it’s going to be broadcast live at the Mall at J.C. Penny Court from 6 to 7:00 p.m. They will have Missoula’s finest local choirs performing throughout the hour and interviews with key supporters of the festival and entertaining festival tidbits. Everyone is invited to come to the Mall and watch it in person or tune into KPAX and Channel 8 on 6 o’clock on Saturday. They have 16 months to go before the next Choral Festival and to date they have 24 choirs that have accepted their invitation to participate in 2013, some representing countries that have never been represented at the festival such as Zimbabwe, Costa Rica, Switzerland and for the first time they have the women’s choir from Israel. The organizers are getting very excited about what is sure to shape up to be another extraordinary international event in Missoula and they thank you for your support of that. As a token of their appreciation and a preview of what you will see during the telethon, ―Dolce Canto‖ is here to sing for us this evening. In their 11th season ―Dolce Canto‖ is an auditioned volunteer chorus with professional standards. Peter Park is both Artistic Director and Conductor of the group and they will sing a Georgian tune that is a drum song where the choir imitates the sound of a drum while a knight attempts to woe a young maiden.

APPROVAL OF MINUTES

Minutes of the regular meeting of April 9, 2012 were approved as submitted.

SCHEDULE COMMITTEE MINUTES

The following meetings were announced: Wed., April 18, 2012, 9:30 – 10:00 a.m. Conservation Committee (Cons) Wed., April 18, 2012, 10:05 a.m. – Noon Plat, Annexation, and Zoning Committee (PAZ) Wed., April 18, 2012, 12:05 – 1:00 p.m. Economic Development Subcommittee Wed., April 18, 2012, 1:05 – 2:00 p.m. Administration and Finance Committee (A&F) Wed., April 18, 2012, 2:05 – 2:40 p.m. Public Works (PW) Wed., April 18, 2012, 2:45 – 4:45 p.m. Budget Committee of the Whole (BCOW) No Meeting Committee of the Whole (COW) No Meeting Public Safety and Health Committee (PSH)

PUBLIC COMMENTS

Lowell Chandler, Blue Skies Campaign, reminded the Council of the Coal Forum that’s going on Tuesday from 7 to 9:00 p.m., Urey Lecture Hall and the University of . It’s called ―Missoula’s Coal Train Dilemma‖ and it’s going to be about the impacts that the Missoula community will feel from coal exports. City of Missoula City Council Minutes –April 16, 2012 - Page 2

Nick Engelfried, Blue Skies Campaign, corrected the record regarding a statement that was apparently made by MRL to the press regarding the presence of coal dust or pieces of coal in the rail yard. He read a quote from a article that was published today that the MRL President Tom Walsh said, regarding coal dust and chunks of coal, ―We’ve never see it on our railroads said MRL President Tom Walsh. We’ve never found any evidence in our yard, on any siting, on any main track anywhere on Montana Rail Link where we had coal dust or some coal coming off the car. We just have never seen it.‖ Mr. Englefried found this statement pretty surprising because he’s often found chunks of coal along the railroad right here in Missoula, both by the rail yard near residential areas and off the side of the tracks right before the tracks cross over Rattlesnake Creek. He has a jar of pieces of coal here collected along the rail yard just in case there’s any doubt that Tom Walsh may not have looked hard enough and he’s hoping maybe there’s someone here at the meeting he can leave the jar with just so the Council has a record, evidence that, in fact, there is coal coming off the trains.

Mayor Engen said Mr. Englefried can leave the jar right there and we will be sure to take it for the record.

Will Snodgrass commented about a statement made by Mr. Jim Carlson, Supervisor of the Health Department. Mr. Carlson’s statement appeared in a Missoulian article today regarding dust and other pollutants around the tracks. Mr. Carlson said something like Missoula’s air is pretty good. Mr. Snodgrass said Mr. Carlson’s statement is false and misleading. As a Rattlesnake resident, he bore witness to month upon month of road just which was very visible, especially at night. We know what this dust to the elderly and to the young. It was very thick and very fine; it was like smoke at night. Missoula is a bowl. What gets released here stays here unless there is bacteria to degrade it and a lot of the stuff is not degraded by sunlight and bacteria. We are constantly assaulted by automobile exhaust. We have no vapor recovery systems here for fueling. So, if you put in 15 gallons of fuel into a fuel tank, a volume of 15 gallons of fuel vapor comes out of that tank. It’s horrendous to know that this city does not have vapor recovery such as found in California. A study found gasoline vapors at 17 times above the EPA’s cancer limit for gasoline vapors. Professor Aaron Smith of Chemistry will provide it for you. In the spring, summer and fall we’re assaulted by the vapors from log and chemical trucks, which are cancer-causing chemicals, neuro-toxic, nerve positioning chemicals around. These chemicals persist. They are drawn indoors. They persist indoors much longer than that persist out of doors. The Montana Transportation Department sent a letter in May, 2005 informing the City that they should stop all development here, including planned development, because Missoula lacked the infrastructure to carry the traffic. The point is already the road system was overburdened, building more roads and allowing more traffic just increases the particulate and the auto exhaust and the benzene. He thought it was a cheap shot by Mr. Carlson to say that Missoula has relatively good air when the article was talking about a specific group of people who do not enjoy good air. Clearly, they live by the tracks, they’re assaulted by Rail Links two or three times per year by application of pesticides, the coal dust, the studies are there. No one in their right mind can say that coal dust does not come off of coal trains that are traveling 20 to 60 miles an hour. He’d like to see a study that looks at the emergency room admissions for the people along the tracks and also he’d like to see a study done on a time basis in the spring and the summer and the fall when the pesticide trucks are driving around. With respect to Mr. Carlson, he would question his truthfulness. An example is, in September, 1992 a Department Health notified Mr. Carlson and the officials at the Health Department that Ross Electric was planning on locating here and that they were a dirty incinerator that released PCBs, dump-and-run. We weren’t warned about that by Mr. Carlson who found out in September. We were warned in December, 1992 and only after Melanie Threkeld released an article in the Missoulian, ―Past Polluter Moves to Missoula.‖ The air here is hurting people. People have not been warned about the effects of this particulate and the other pollutants have on the heart, the cardiovascular system, the brain, the immune system and the nervous system. We know that heart attacks increase, strokes increase and cardiac arrhythmia increase. That’s just the tip of the iceberg. To say that this is a progressive community in terms of air or to say that we have pretty good air begs a question, compared to what? The air here stinks. It was mitigated a bit when the mill closed down. His opinion is air is not fit to breathe here. He thinks some people feel better in Los Angeles than they do here. People who move here from New York feel sick from the air. Let’s get the truth out and let people know what’s actually going in the air. Let’s study it and let people know.

City of Missoula City Council Minutes –April 16, 2012 - Page 3

Doug Grimm, Upper Rattlesnake Leadership Team, said he’s been here before to discuss the deer problem and he wanted to say he’s pleased that finally something is being done about it. Last week a neighbor came over to him to ask him to look at his backyard to show him about 15 trees that he had planted; they were the size of his thumb to his little finger and the neighbor told him he didn’t think the trees are going to survive because the deer have scraped the bark off much of the trunk or they have nibbled it off. One time he was driving down Interstate 90 and slowing down for the Van Buren Exit and hit a deer. Fortunately, he was going real slow and the deer was small and so it didn’t end up inside the car.

Dave Taylor, 501 N. California, said today while working outside in his yard a lawn spray company came by and sprayed and he was downwind and it was horrendous. Mr. Taylor’s eyes watered, his lungs hurt, the inside of his house smelled of this poison. The reason he’s bringing this up is someday we’ll need to realize that it is not acceptable to spray these poisons and allow them to invade someone else’s space. They can’t be good. Someday he’d like to see an ordinance where they at least can’t spray perhaps on windy days, the weather has to be acceptable. Why should he have to breathe that stuff? The long term effects can’t be good. Someday it may come to light that we will ask, why in the world did we allow this to go on for all these years. Also, he has some issue on the proposed deer harvest in Missoula. Most people realize that if you remove any group of animals in a given place, others always come back and replace those animals. They realize there’s no competition there so they’ll move in now that the other animals are gone. It doesn’t work. People need to realize that good sterilization plans do work. It’s barbaric to shoot and trap the deer within the City limits.

CONSENT AGENDA (1 ROLL CALL VOTE)

1. Approve claims totaling $1,199,665.19. (Detailed Claims) (Chart of Accounts) (A&F) (04/17/12) 2. Confirm the reappointments of Alan S. Newell and Tim France to the Downtown Business Improvement District Board of Trustees for a term commencing June 1, 2012 and ending May 31, 2016. (A&F) 3. Award the purchase of one 2012, Honda TRX Rubicon ATV, to Five Valley Motor Sports of Missoula, in the amount of $9,145. (PW) 4. Resolution—Adopt a resolution closing and vacating the 25’ x 38’ public utility easement on Lot 1, as shown on the subdivision plat, of Flynn Ranch, Phase 1. (PW)

Mayor Engen said, thank you, Ms. Rehbein. Anyone in the audience care to comment on any of the items on the consent agenda? Seeing…oh, Mr. Strohmaier?

Alderman Strohmaier said, yeah, I’d just like to note for the record that Alan Newell serves on the Board of Directors of the company I work for.

Mayor Engen said, alright. Any other discussion? Seeing none, we’ll have a roll call vote.

Upon a roll call vote, the vote on the consent agenda was as follows:

AYES: Childers, Copple, Haines, Hertz, Jaffe, Marler, O’Herron, Strohmaier, Taft, Wiener, Wilkins and Wolken

NAYS: None

ABSTAIN: None

ABSENT: None

Motion carried: 12 Ayes, 0 Nays, 0 Abstain, 0 Absent

City of Missoula City Council Minutes –April 16, 2012 - Page 4

GENERAL COMMENTS OF CITY COUNCIL MEMBERS

Alderwoman Marler said we should start Budget Committee of the Whole 15 minutes early. Also, regarding Mr. Taylor’s statement, there are state laws that govern application of pesticides and private companies and private homeowners, landowners have to have licenses and comply with state laws regarding pesticide application and to apply pesticides in conditions that are windy or too close to water or not wearing proper safety equipment. Those situations are against the law. She gave him a contact for a person who works at the Montana State Department of Agriculture who handles those kind of issues. If anybody sees something like that, they can call the Montana Department of Agriculture.

Alderman Childers said he’s noticed that there are political campaigns underway and there are some novice candidates who are putting their signs in such places as City parkland and City rights-of-way. Please do not do that. If you have signs between the sidewalk and the curb, you’ll find that’s the boulevard, that’s City right-of-way, please take your signs out. Move them to the other side of the sidewalk. Do not put signs in places like Rose Park.

Alderman O’Herron said Ward 5 lost a resident this week, Ed Woyciechowicz died and he was a wonderful guy, a retired school teacher who will be missed by a lot of people. He was a very well loved and respected school teacher and friend of a whole bunch of people around Missoula and Lolo, and he’s going to be missed.

Alderwoman Copple the newly revived Economic Development Subcommittee will meet on Wednesday, from noon to 1:00 p.m. in the Council Chambers and like all their meetings, it is open to the public. Also, last week she attended the reception at MonTech For the Innovation Initiative which is part of the Missoula Economic Partnership, in partnership with Hellgate Venture Network. MonTech is opening its space on East Broadway for entrepreneurs to use for free and get some guidance from folks who are really savvy with investment and how to start your company here in Missoula. All you have to do before you go is fill out a profile about your business or your idea and you can do that at missoulaworks.org.

Alderman Wilkins said at PAZ they are going to talk about ADUs (Accessory Dwelling Units) which means that in single-family neighborhoods, if this passes, you will be able to build an apartment in your basement or one over your garage. It could even mean a little house in the backyard could be built. It would mean the demise of single-family neighborhoods. To get in on the discussion, attend PAZ on Wednesday from 10:00 a.m. to noon.

Alderman Taft said the first ever conference state-wide on biking and walking will be held in Helena this Friday and Saturday, each day, all day. If interested in attending, there’s a $30 registration fee. To register you can contact Ginny Sullivan at Adventures Cycling in Missoula

Alderman Hertz said Habitat for Humanity of Missoula is sponsoring Smile for Missoula Families for the end of June. You can go to Dr. Brett Felton who is a dentist here in Missoula and get your teeth whitened for $200 and all the proceeds go to Habitat for Humanity.

Alderman Wiener thanked Caitlyn for getting the Economic Development Subcommittee going again, giving it some purpose and mission. In the spirit of economic development, they will be working through lunch.

COMMITTEE REPORTS

Administration and Finance Committee 04/11/2012

Budget Committee of the Whole 04/11/2012

City of Missoula City Council Minutes –April 16, 2012 - Page 5

Committee of the Whole 04/09/2012

Joint Conservation Committee and Public Safety and Health Committee 04/11/2012

Public Works Committee 04/11/2012

ITEMS TO BE REFERRED

To Administration and Finance Committee:  Approve to ratify the contract with Missoula Correctional Services for the period of one year (to begin as soon as possible), to provide a misdemeanor probation program to the City of Missoula’s Municipal Court. (memo)—Regular Agenda (Tina Schmaus)  Discuss the Capital Improvement Program for fiscal year 2013. (memo)—Regular Agenda (Brentt Ramharter)

To Budget Committee of the Whole:  Proposed city fee increases in the engineering, business licensing, fire inspections and planning divisions of the city. (memo)—Regular Agenda (Brentt Ramharter)  Consider the budget for fiscal year 2013 including the Capital Improvement Program and the work plans and budgets for the Tourism Business Improvement District, the Business Improvement District, Park District #1 and Road District #1, . (memo)—Regular Agenda (Brentt Ramharter)

To Conservation Committee:  Approve and authorize the Mayor to sign a contract for stump grinding services in the amount of $24,339 to Treasure State Tree Service. (memo)—Regular Agenda (Greg Howe)  Approve and authorize the Mayor to sign the contract for tree pruning and removal services in the amount of $23,700 to Treasure State Tree Service. (memo)—Regular Agenda (Greg Howe)

To Public Works Committee  Resolution closing and vacating a 20’ public utility easement and pedestrian public access easement on Lots 4 and 5 as shown on the subdivision plat of Whitetail Park – Phase 1. (memo)—Regular Agenda (Dan Jordan)  Discussion on the draft grant CMAQ budget and FY2012 contract (memo).—Regular Agenda (Phil Smith)  Resolution to confirm final ordering of curb and sidewalk improvements adjacent to properties in the Arthur Ave. – Beckwith Ave. to South Ave. area, Project 11-018 (memo). – Regular Agenda (Monte Sipe)  Review bids for curb and sidewalk improvements adjacent to properties in the Arthur Ave. – Beckwith Ave. to South Ave. area, award bid to lowest responsible bidder, and authorize return of bid bonds (memo). – Regular Agenda (Monte Sipe)

MISCELLANEOUS COMMUNICATIONS, PETITIONS, REPORTS AND ANNOUNCEMENTS

ADJOURNMENT

Mayor Engen thanked the council members and the staff for their service.

The meeting adjourned at 7:30 P.M. City of Missoula City Council Minutes –April 16, 2012 - Page 6

ATTEST: APPROVED:

Martha L. Rehbein, CMC John Engen City Clerk Mayor

(SEAL)

Respectfully submitted by,

Nikki Rogers, Deputy City Clerk