JOURNAL OF PROCEEDINGS MISSOULA CITY COUNCIL NOVEMBER 7, 2011 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 Hellegaard, Marler, Mitchell, Rye, Walzer and Wolken and Aldermen Childers, Haines, Jaffe, Strohmaier, 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. APPROVAL OF MINUTES Minutes of the regular meeting of October 24, 2011 were approved as submitted. SCHEDULE COMMITTEE MINUTES The following meetings were announced: Wed., November 9, 2011, 9:35 – 10:30 a.m. Public Works (PW) Wed., November 9, 2011, 10:35 – Noon Plat, Annexation, and Zoning Committee (PAZ) Wed., November 9, 2011, 1:05 – 4:00 p.m. Committee of the Whole (COW) No Meeting Public Safety and Health Committee (PSH) No Meeting Pedestrian Connection Subcommittee No Meeting Administration and Finance Committee (A&F) No Meeting Conservation Committee (Cons) No Meeting Budget Committee of the Whole (BCOW) No Meeting Economic Development Subcommittee PUBLIC COMMENTS Paul Bohan said since he‘s been running for Ward 3, he‘s learned a lot of interesting things and has talked about a lot of different things. We have a new stadium called blighted. We have property taxes called fees. We have people calling an opinion statement a referendum and he has a hard time with that. He has a natural interest, persistence and drive to see that things are done in the right way for the right reason. He wants Council members to see and understand the consequences on individuals in the community of what they do and what they plan to do. He wants the public to be informed so they can hold Council members accountable and seek recourse and redress for their concerns without having to hire a lawyer. He wants to raise the bar for what it means to be a public servant. It‘s not about winning or losing. Winning isn‘t what government is about. Our Constitutional amendment initiative and this is a statement about people who want to be winners and have losers: ―The citizens of Missoula, Montana hereby urge the Montana State Legislature and the United States Congress...‖ not all citizens do, some people are going to vote no and some aren‘t going to vote because he thinks this referendum isn‘t a referendum; it‘s an opinion statement. When you have referendums like this, you open the door to anything and some of it can be very, very negative. Once you‘re in the government office, you represent everybody. You don‘t manipulate the system, don‘t change or bend the rules because you think that‘s the way you can win. That‘s not what you do. You represent everybody. You follow the rules. Discrimination is about not following the rules. We talk about victims of discrimination. It‘s not the victims that are the problem; the problem are the people who are bending the rules and not following them. The people who use these victims to support their own groups bend the rules doing the same thing that they say that they‘re against. They bend the rules. Some people get favored treatment and some people don‘t; that‘s was discrimination is. The baseball stadium is a favored treatment for certain people, the MRA is favored money for favored people. He wants people to look and say, here‘s a specific thing that we want to do and here‘s how I‘m going to make it happen. That‘s the way it should be, none of this posturing to save the world and put an initiative on here so our voters come out. He doesn‘t want that to happen anymore. City of Missoula City Council Minutes –November 7, 2011 - Page 2 Alisa Watson said she agrees with what Mr. Bohan just said. She sees this going on with the choices that our elected officials are making regarding our poor, not giving them opportunity and throwing money in areas where there‘s other resources, government agencies not having funds to support the laws already existing that are for the best of everyone, such as dogs not on a leash. The trails disturb her. There are a lot of people with disabilities and handicaps that have animals that they need to walk and their doctors are telling them to walk but they‘re fearful to go on the trails because people aren‘t following the rules. We have the laws but there‘s no one there to enforce them, yet no one is saying help us help you. We have all these people without work who have skills and those people who have skills don‘t want to sit there drawing unemployment; they want something to put on their resume, they want to keep working and they don‘t know what to do with their time and they don‘t have direction and we turn to the City Council for direction. So, throwing money at problems is not always the best solution for the community as a whole and when we forget that, we go broke and we go homeless and we have a lot of people that have skills that no one knows about. They don‘t have the ability or opportunity to show people that have openings what they can do. CONSENT AGENDA (1 ROLL CALL VOTE) 1. Approve claims totaling $ 824,807.56. (Detailed Claims) (Chart of Accounts) (A&F) (11/01/11) 2. Approve claims totaling $ 1,416,497.17. (Detailed Claims) (Chart of Accounts) (A&F) (11/08/11) 3. Confirm the reappointment of Kimberley Best to the Tourism Business Improvement District Board of Trustees for a four-year term commencing December 1, 2011 and ending November 30, 2014. (A&F) 4. Resolution 7661—Adopt a resolution authorizing submittal of an application to the Montana Department of Commerce Big Sky Economic Development Trust Fund in the amount of $187,500 for the purpose of supporting business expansion and job creation at TerraEchos, Inc. (A&F) 5. Set a public hearing on November 21, 2011, to consider a resolution amending the annual appropriations for the Missoula Redevelopment Agency as set forth in the fiscal year 2011 budget and capital improvement program that increases the total Missoula Redevelopment Agency budget by $4,843,380. (A&F) 6. Approve and allow the Mayor to sign the agreement, with EKO Compost to implement Department of Natural Resources and Conservation (DNRC) wood waste grant and to support the Missoula Sawmill Site Wood Waste Reclamation Project. (Cons) 7. Resolution 7662—Adopt a resolution in accordance with Section 7-5-4308, MCA procedure to modify municipal contracts, approving change order No. 3 – Milwaukee Trail – Russell to Reserve to the contract between L. S. Jensen Construction & Ready Mix and the city of Missoula. (Updated Memo 11/03/2011) (Cons) 8. Resolution 7663—Adopt a resolution of intention to adopt amendments to the city of Missoula Subdivision Regulations, Article 3 entitled ―Subdivision Design Standards,‖ Section 3-020 entitled ―Streets, Access and Transportation‖ and set a public hearing for November 28, 2011. (PAZ) 9. Approve appropriate traffic control signs to post a twenty-five miles per hour (25 mph) speed limit on Old Fort Road between the intersections of Old Fort Road and 200 feet northeast of Post Siding Road. (PW) AMENDED CONSENT AGENDA (1 ROLL CALL VOTE) 1. Approve claims totaling $ 824,807.56. (Detailed Claims) (Chart of Accounts) (A&F) (11/01/11) 2. Item under Committee Reports. 3. Confirm the reappointment of Kimberley Best to the Tourism Business Improvement District Board of Trustees for a four-year term commencing December 1, 2011 and ending November 30, 2014. (A&F) 4. Resolution 7661—Adopt a resolution authorizing submittal of an application to the Montana Department of Commerce Big Sky Economic Development Trust Fund in the amount of $187,500 for the purpose of supporting business expansion and job creation at TerraEchos, Inc. (A&F) 5. Set a public hearing on November 21, 2011, to consider a resolution amending the annual appropriations for the Missoula Redevelopment Agency as set forth in the fiscal year 2011 budget and capital improvement program that increases the total Missoula Redevelopment Agency budget by $4,843,380. (A&F) City of Missoula City Council Minutes –November 7, 2011 - Page 3 6. Approve and allow the Mayor to sign the agreement, with EKO Compost to implement Department of Natural Resources and Conservation (DNRC) wood waste grant and to support the Missoula Sawmill Site Wood Waste Reclamation Project. (Cons) 7. Resolution 7662—Adopt a resolution in accordance with Section 7-5-4308, MCA procedure to modify municipal contracts, approving change order No. 3 – Milwaukee Trail – Russell to Reserve to the contract between L. S. Jensen Construction & Ready Mix and the city of Missoula. (Updated Memo 11/03/2011) (Cons) 8. Resolution 7663—Adopt a resolution of intention to adopt amendments to the city of Missoula Subdivision Regulations, Article 3 entitled ―Subdivision Design Standards,‖ Section 3-020 entitled ―Streets, Access and Transportation‖ and set a public hearing for December 5, 2011. (PAZ) 9. Approve appropriate traffic control signs to post a twenty-five miles per hour (25 mph) speed limit on Old Fort Road between the intersections of Old Fort Road and 200 feet northeast of Post Siding Road. (PW) Mayor Engen said, thank you, Ms. Rehbein. Anyone in the audience care to comment on any of the items on the consent agenda this evening? Seeing none, any discussion? Ms.