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JOURNAL OF PROCEEDINGS MISSOULA CITY COUNCIL DECEMBER 21, 2009 CALL TO ORDER AND ROLL CALL The meeting of the Missoula City Council was called to order by Acting Mayor Childers at 7:00 P.M. in the Council Chambers at 140 West Pine Street. Present were Alderwomen Hellegaard, Marler, Mitchell, Rye, and Walzer and Aldermen Childers, Haines, Hendrickson, Jaffe, Strohmaier, Wiener and Wilkins. Also present were Chief Administrative Officer Bender, City Attorney Nugent, Public Information/ Communications Officer Merriam and City Clerk Rehbein. Mayor Engen and Finance Director Ramharter were absent. APPROVAL OF MINUTES Minutes of the regular meeting of December 14, 2009 were approved as submitted. SCHEDULE COMMITTEE MINUTES The following meetings were announced: No Meeting December 23 and December 30, 2009 Public Safety and Health (PSH) No Meeting December 23 and December 30, 2009 Conservation Committee (Cons) No Meeting December 23 and December 30, 2009 Administration and Finance Committee (A&F) No Meeting December 23 and December 30, 2009 Public Works (PW) No Meeting December 23 and December 30, 2009 Committee of the Whole (COW) No Meeting December 23 and December 30, 2009 Plat, Annexation and Zoning Committee (PAZ) No Meeting December 23 and December 30, 2009 Urban Wildlife Subcommittee (UWS) No Meeting December 23 and December 30, 2009 EIS Peer Review Subcommittee No Meeting December 23 and December 30, 2009 Economic Development Subcommittee (EDS) CONSENT AGENDA (1 ROLL CALL VOTE) 1. Approve claims totaling $147,725.15. (Detailed Claims) (Chart of Accounts) (A&F) (12/22/2009) 2. Authorize the Mayor to submit an application in the amount of $367,500 to the Montana Department of Commerce Big Sky Economic Development Trust Fund for the purpose of supporting business relocation and expansion in the City of Missoula. (A&F) 3. [First reading on an ordinance] Set a public hearing for January 11, 2010 on an ordinance to rezone property located at 1311 E. Broadway and legally described as Lot 2B of Gateway Gardens No. 1 Lots 1B and 2B Subdivision from OP-3 (Public Lands and Institutional) to C1- 3 (Neighborhood Commercial, Intensity Designator-3). (memo) 4. [No quorum present] Authorize the mayor to sign a contract with Pierce Fire Apparatus to purchase a Type 1 fire engine for the amount of $361,696. (PS&H) 5. [No quorum present] Re-appoint Ross Miller to the Health Board for the term commencing January 1, 2010 and ending December 31, 2012. (PS&H) 6. Approve a two foot wide encroachment permit on the Spruce Street frontage of Lots 6-10, Block M, C.P. Higgins Addition, 434 North Higgins. (PW) Acting Mayor Childers said, thank you, ma‟am. Is there any public comment on the items of the consent agenda? Seeing none, anyone on the City Council need to comment on those items? Seeing none, the Clerk will please call the roll for the consent agenda. Upon a roll call vote, the vote on the consent agenda was as follows: ---PAGE BREAK--- City of Missoula City Council Minutes –December 21, 2009 - Page 2 AYES: Childers, Haines, Hellegaard, Hendrickson, Jaffe, Marler, Mitchell, Rye, Strohmaier, Walzer, Wiener, Wilkins NAYS: None ABSTAIN: None ABSENT: None Motion carried: 12 Ayes, 0 Nays, 0 Abstain, 0 Absent PUBLIC COMMENTS Jack Reidy stated, first of all, his wife didn‟t want him to forget that she and he wanted to wish everyone happy holidays. Mr. Reidy thanked each and every one of the City Council for all the hard work they‟ve done in the last year; it‟s been a tough year. He knows next year is going to be a very hard year also because of the economy. Being a City Council member is not the easiest job in the world; he knows because he‟s sat there for a few years. He personally thanked John Hendrickson for his work on the City Council. He didn‟t realize it before that he and Alderman Hendrickson worked at Eddy‟s Bakery together in the „70s. John was on the wrapping machines and Jack was a salesman. Over the years working together sometimes they didn‟t always agree on everything they did but he has respected every word that Mr. Hendrickson said because when he looked into something, it was thoroughly done. Alderman Hendrickson tried to save money on taxes and he was a good man for his constituents and made this Council better by being alert and working so hard. In his future years Mr. Reidy wished him a lot of luck in whatever endeavor he takes. Acting Mayor Childers stated that Mr. Reidy said just about everything there is to say except that it is hard to get elected to be a City Council member. It‟s something that you have to work to get, something that you want to do and some people do a heck of a good job as City Council members and don‟t get all the credit that they deserve. They have disagreed with one another on a number of things and have agreed on a number of things. He‟s always believed that Alderman Hendrickson was working hard to do the job and he appreciates that. The City of Missoula gave Alderman Hendrickson a plaque in recognition of his service as a City Council member for the City of Missoula, Ward 2. Alderman Wilkins said he kind of feels responsible for getting Alderman Hendrickson started in the City Council. He did an outstanding job as a City Council member. He wanted everyone to know that Alderman Hendrickson was exonerated by the Political Practice Committee; they found he did no wrong and hopes that is acknowledged in the newspaper as much as what was written about him when this was going on. That was dirty politics on Alderman Wiener‟s part. Acting Mayor Childers stated that this is an occasion for celebration. Alderman Wilkins answered that this is an occasion for celebration and that‟s why the exoneration from the Political Practice Committee is important to bring up because that‟s in celebration that Alderman Hendrickson was right. His wording may have been a little different and some people didn‟t understand it but it was not illegal and that‟s the important thing, that John did the right thing and he has done the right thing since he‟s been on this Council by making the whole Council question and look twice about raising fees and raising taxes, because Alderman Hendrickson was always the supporter of the citizens. He respects Alderman Hendrickson and said he‟s done a very good job and hopes to see him again in the future doing this type of work. He thanked John for his service. Acting Mayor Childers added he agrees with what Alderman Wilkins said. Alderman Haines said he has had some very strange phone calls at very strange parts of the day from Alderman Hendrickson but he always appreciated the advice he gave on Council and sometimes Alderman Haines thought, what‟s he telling me that I don‟t want to know. Alderman Hendrickson‟s words were always valuable and so is his friendship. He wishes the very best for John and his wife for many ---PAGE BREAK--- City of Missoula City Council Minutes –December 21, 2009 - Page 3 years to come. He thanked Alderman Hendrickson very much and wished a Merry Christmas and happy New Year to everyone. Alderwoman Mitchell said this was the last time she‟d be delivering the packet to Alderman Hendrickson and will miss doing that. She thanked him personally for the help he‟s given her when she came on this Council new. She especially appreciates him helping her become introduced more to the business community in Missoula and keeping a really good eye on the budget and it has helped her to get to know a lot of the business people. She‟s learned a lot of what they do on the City Council affects the business community and how much they want to work and make this a better town. A lot of times when the Council does their business, sometimes they tend to ignore that part of the community and yet we‟re always asking for more money. Alderman Hendrickson has played a real important role in being the budget watcher and she appreciates his friendship and his help on Council and best wishes as he chooses whatever endeavor he does. Alderwoman Hellegaard thanked Alderman Hendrickson for taking the time to, not only when she was campaigning, but once she got on Council of tutoring and teaching her the history of what‟s gone on here at the Council. Probably the thing she appreciates about John the most, and she thinks they all will miss the most, is all of his decisions and all of his enquiries were done for the taxpayer of Missoula he really watched out for the little guy on the street, the business men, because he viewed everything as a taxpayer. Alderman Strohmaier said he thinks the ones who have had the opportunity, either currently or in the past, to sit on the City Council who genuinely realizes the magnitude of time and energy and commitment that it takes to put into this job. To his colleagues he said their efforts for the citizens of Missoula are truly appreciated and he thanked John for his service. He may take up John‟s offer of assisting him in assisting in bringing a passenger rail trail to downtown Missoula at some point. Alderwoman Rye said that in spite of the fact that she and Alderman Hendrickson have disagreed on just about everything, over the past four years, they sit next to each other on the Council and seat mates may be a little bit different of a relationship than other people because you actually spend time next to those people and some folks like to talk a lot and she‟s enjoyed just chatting with him over the years. She knows that outside of when they meet on Council, that they actually do agree that the Yankees have a world championship series that the best money can buy and that several of them perhaps belong in jail. Alderwoman Marler thanked Alderman Hendrickson for his service. She‟s enjoyed getting to know him for the last four years. They haven‟t agreed on a lot of issues and have agreed on some issues. Nobody serves on City Council just for the heck of it. It‟s hard to get elected. It‟s a lot of time commitment. Even though they disagree on a lot of things, she knows that Alderman Hendrickson is always doing what he really thought was the best, as all of them come to Council with the intent of doing what they think is the best thing. She really respects his efforts. She wished him the best in the next year and City Council would just be boring if people always agreed on everything all the time so thanks to John for his perspective that he‟s brought to them. Alderman Hendrickson thanked the godfather of the City Council, Mr. Jack Reidy, for coming down to tonight‟s meeting. For Mr. Reidy to miss the football game to come down here means a lot to Alderman Hendrickson. He thanked his fellow Council people for their comments and he appreciates them. He thanked his constituency in Ward 2 for his support over the last four years. It was a privilege to serve them and also the citizens of Missoula. He tried to look out for the best interests of Ward 2 and for the City of Missoula as a whole. He thanked everyone and also said he has two weeks left, until January 4th, 12 Noon. This is his last City Council meeting. He wished everybody a Merry Christmas and a happy New Year, and the best to everyone. He also thanked the City for the plaque. Alderman Haines stated to Alderman Hendrickson that it is now entirely appropriate for him to blow his nose and wipe a tear away as he walks off into the unknown future of Missoula. Acting Mayor Childers said he wanted the City Clerk to be aware that it‟s $1 for a Kleenex now. ---PAGE BREAK--- City of Missoula City Council Minutes –December 21, 2009 - Page 4 Alderman Hendrickson said Alderman Haines alluded to inopportune times when Alderman Hendrickson has phoned him. He wanted everybody to know that those calls were either prior to or during a nap. Acting Mayor Childers said in actuality they agreed on almost everything and he thanked Alderman Hendrickson for his service. COMMUNICATIONS FROM THE MAYOR Operation Tipsy Tow Kickoff 2009 Acting Mayor Childers proclaimed December 22, 2009 as Tipsy Tow Kickoff 2009. GENERAL COMMENTS OF CITY COUNCIL MEMBERS Alderwoman Mitchell said this is the 90th birthday of a dear friend of hers, someone who is like her second mom and one of the few people left in her parents‟ generation, and she‟s a very special person in her life and her family‟s life. Happy birthday to Dorothy Fricker. She‟s not sure if it‟s because it‟s the Christmas season or that the subdivision planning meeting last week was billed just as a PowerPoint presentation to go over the new subdivision changes, but is a disappointment to have only three Council members and only three people in the building industry there, attending that meeting. Hopefully they‟ll get a better turnout and have more exchange rather than it felt one-sided to her. She hopes that when people do have questions and concerns or even differences of opinions that those can be aired and responded to so that people don‟t feel like they‟re talking to a radio that‟s making noise back at them but didn‟t have much to do with the conversation. Also, merry Christmas to everybody. She knows this is a time of reflection and to think of good times in the past and get to have hope, look forward to better times in the future and a better world. She hopes people can take something from this season and make this world a little bit better place. Happy New Year as we move forward. Alderman Wilkins wished everybody Merry Christmas and happy holidays and especially a merry Christmas to the people at Grizzly Peak. Missoula is doing a good job helping people in need and keep that up. He welcomed his son home from Kent State. To see some pretty Christmas lights, go down Farview Street, by Lewis and Clark. Alderwoman Hendrickson wished the Council people a merry Christmas and a happy New Year and the same to the citizens of Missoula. Also, during his re-election campaign he had a complaint filed against him for improper political practices. On Saturday he received a certified letter from Political Practice Committee stating they were dismissing the complaint. He‟s glad it was settled before he left office. It‟s reaffirmed that it was never his intention to misinform or misstate anything, and did everything within the confines of the law. He leaves it up to the citizens of Missoula to discern the facts of the matter. He thanked Mr. Unsworth for the letter and for pushing this item forward quickly. Alderwoman Walzer reminded everyone of First Night Missoula that celebrates on December 31st to bring in the new year. In order to make it work they need lots of volunteers. If anyone would like to help out, they can call the Missoula Cultural Council at 532-3240 and in appreciate for volunteering you can get a button to go to all the events for free. If you don‟t have time to volunteer, please get a button to enjoy all that Missoula has to offer. Alderman Wiener said that it would be useless for him to pretend that he didn‟t expend a lot of effort this fall, on behalf of Alderman Hendrickson‟s opponent campaigning including calling him out when he thought he had crossed the line by every means that was available. That isn‟t to say that he doesn‟t appreciate his service because he knows how much work being a City Council member takes and appreciates the honest effort that Alderman Hendrickson has put in and thanked him for his time. Elections are just the best way that they‟ve come up with giving people a choice between them. It isn‟t to say that it always turns out for the best for everyone. Alderman Wiener thanked Commissioner Unsworth for his speedy answer to his complaint and accepts his decision and agrees that the Supreme Court says that the Constitution guarantee of free speech has its fullest and most urgent application precisely to the conduct of campaigns for political office. It seems entirely appropriate to him that his office shouldn‟t be ---PAGE BREAK--- City of Missoula City Council Minutes –December 21, 2009 - Page 5 enforcing the statute as it‟s written in regulating the content of political speech, so he‟s fine with the ruling and again thanked Mr. Unsworth for his work and thanked Alderman Hendrickson for his service. Alderman Childers said it appears that Mr. Wilkins brought something up of which he was unaware and now it‟s been totally aired and now knows what‟s going on, which is helpful. He gave a last thank you to Mr. Hendrickson. They agreed on almost everything, just those few little pieces that didn‟t work out. Alderman Hendrickson said something off microphone. COMMITTEE REPORTS Administration and Finance Committee 12/16/2009 Confirm the Mayor‟s appointment of Michael O‟Herron to the Missoula Urban Transportation Board for a term commencing January 1, 2010 and ending December 31, 2013. Alderwoman Rye said, I move that the City Council confirm the Mayor‟s appointment of Michael O‟Herron to the Missoula Urban Transportation Board for a term commencing January 1, 2010 and ending December 31, 2013. Acting Mayor Childers said, do we have Council questions or comments on that? Yes sir, Mr. Haines. Alderman Haines said, I believe I was the one lone vote and that‟s why it‟s on committee reports because I had a negative vote. I‟m looking at Mr. O‟Herron‟s submission here and he notes down here, “I have 10 years professional experience as an environmental planner.” And I was trying to put that together in the context that I know the man. I could not figure out when, where or what it was he was doing. I don‟t know if anybody has the information on that or not. Acting Mayor Childers said, thank you, sir. Anyone else? Mr. Hendrickson. Alderman Hendrickson said, I was not present during the interview so I will be abstaining from the vote. Acting Mayor Childers said, thank you, sir. Anyone else? Alderman Hendrickson said, oh, never mind, the conver…, sorry. Thank you, Bob. Alderman Strohmaier said, I guess my partial response to Dick‟s quandary and my understanding is that Mr. O‟Herron currently, and has for some time, worked for the Montana Department of Natural Resources and Conservation. I‟m assuming that that is the reference to his background as an environmental planner unless you have doubts about that. Acting Mayor Childers said, a response to that, Mr. Haines? Alderman Haines said, that was the only place I could put the experience to in terms of time but knowing he also had a business downtown, the hot dog business, I…it didn‟t…it look to me as a conflict there when he did what? That‟s all I was…I would like to have seen more know…more about this aspect of his employment. It‟s not so much on a negative thing but what did he do? Acting Mayor Childers said, are there other comments or questions? Is there any public comment on this item? No public comment. No more comments or questions. I believe we can have a voice vote. MOTION Alderwoman Rye made a motion to confirm the Mayor‟s appointment of Michael O‟Herron to the Missoula Urban Transportation Board for a term commencing January 1, 2010 and ending December 31, 2013. Upon a voice vote the motion passed. ---PAGE BREAK--- City of Missoula City Council Minutes –December 21, 2009 - Page 6 Committee of the Whole 12/16/2009 Conservation Committee 12/16/2009 Approve and authorize a professional services contract, including design through construction administration, for Project #PR11-09MT, Milwaukee Railroad Path- Missoula Russell to Reserve CTEP #STPE8199(66) (memo) Alderwoman Marler said, I move that we approve and authorize the Mayor to sign a professional services contract, including design through construction administration, for Project #PR11-09MT, the Milwaukee Railroad Path- Missoula Russell to Reserve CTEP #STPE8199(66). Acting Mayor Childers said, thank you. Are there questions or comments on this item? Nothing from the Council. Is there any public comment? None. A contract? Sounds like a roll call vote to me. Can we have a roll call vote please? MOTION Alderwoman Marler made a motion to approve and authorize a professional services contract, including design through construction administration, for Project #PR11-09MT, Milwaukee Railroad Path- Missoula Russell to Reserve CTEP #STPE8199(66). Upon a roll call vote, the vote on the motion was as follows: AYES: Childers, Haines, Hellegaard, Hendrickson, Jaffe, Marler, Mitchell, Rye, Strohmaier, Walzer, Wiener, Wilkins NAYS: None ABSTAIN: None ABSENT: None Motion carried: 12 Ayes, 0 Nays, 0 Abstain, 0 Absent Public Safety and Health Committee 12/16/2009 Public Works Committee 12/09/2009 12/16/2009 Approve and authorize the Mayor to sign a construction contract to award the bid for Reserve Street Sewer Main Replacement Project (Site ID 184) to the lowest responsible bidder, Becco General Construction Services, LLC in the amount of $266,190.55 and authorize the return of bid bonds. Alderman Wiener said, I move that we approve and authorize the Mayor to sign a construction contract to award the bid for Reserve Street Sewer Main Replacement Project (Site ID 184) to the lowest responsible bidder, Becco General Construction Services, LLC in the amount of $266,190.55 and authorize the return of bid bonds. Acting Mayor Childers said, thank you, sir. Are there questions or comments on this item? ---PAGE BREAK--- City of Missoula City Council Minutes –December 21, 2009 - Page 7 Alderman Wilkins said, well, I‟m going to go ahead and support this but I do want to make a comment. I am concerned that we don‟t hire local contractors and my understanding that the local contractors were quite a lot higher than this and probably was not a good idea to do that but I would hope that the local contractors start getting their bids in line with some of these bids that we see that are lower because the local contractors is hiring the local people and the local people are spending their money at the local store, and I think in this time that‟s pretty doggone important. I understand that this bid that the local contractor was quite above the bid and I guess I‟d like to know from some of these local contractors, if you wouldn‟t mind calling me, is why? How come you can‟t be more in line and keep our guys working, our local people here in this town? So, I will go ahead and support this but I am going to be questioning this from now on. Thank you. Acting Mayor Childers said, thank you, sir. Anyone else? Yes, Ms. Mitchell. Alderwoman Mitchell said, while we were in committee last week I did not support this and it was based mainly upon not only the complaint by one of the contractors because of the way it was handled but I had also heard from other people who had placed bids that they didn‟t like how it was handled. However, after talking with Mr. Slovarp, I am confident that he addressed my concerns adequately and everything was on the up-and-up and I will support this. Thank you. Acting Mayor Childers said, thank you, ma‟am, good to hear that. Mr. Jaffe? Alderman Jaffe said, I had a question for Kevin. So first…I mean, I‟m straying a little bit off the top here but I support the bid. I think you guys explained it clearly, the circumstances around the changing of who was suggested and all of that. Had no problem with that. I was curious, though, following up on Jon‟s comment about trying to, you know, giving bids to local bidders, it seems to me like the vast majority of our bids do go to local bidders. I was wondering if you guys have ever done any analysis or if maybe you can just off the cuff, you could have any idea, like maybe percentage, dollar wise, that we give to local contractors and I‟m thinking it‟s pretty high but… City Engineer Kevin Slovarp said, it seems lately on road and sewer projects that we have hired local contractors for the most part. Dollar amount or percentage wise I don‟t hazard to guess, but I would say it‟s probably more like in the range of 70% hiring local contractors with the dollar amounts up in the air at this point without making those…doing any calculations or… Alderman Jaffe said, I suppose there will be a referral at some point. I think we do want to discuss this with but then there might be something if there is an easy way to look it up, just think we‟d be interested in that. Acting Mayor Childers said, thank you. Mr. Wiener? Alderman Wiener said, just along the lines of Jon Wilkins‟ comment, it was, you know, I was glad to see the previous contract, the one we just approved, going to a local firm, WGM Group, with a local subcontractor, Kent Watson Associates. So, we do what we can to get it to the people in town. Acting Mayor Childers said, thanks. Any other questions or comments from the Council? Is there any public comment on this item? No public comment. Well, how about a roll call vote? MOTION Alderman Wiener made a motion to approve and authorize the Mayor to sign a construction contract to award the bid for Reserve Street Sewer Main Replacement Project (Site ID 184) to the lowest responsible bidder, Becco General Construction Services, LLC in the amount of $266,190.55 and authorize the return of bid bonds. Upon a roll call vote, the vote on the motion was as follows: AYES: Childers, Haines, Hellegaard, Hendrickson, Jaffe, Marler, Mitchell, Rye, Strohmaier, Walzer, Wiener, Wilkins ---PAGE BREAK--- City of Missoula City Council Minutes –December 21, 2009 - Page 8 NAYS: None ABSTAIN: None ABSENT: None Motion carried: 12 Ayes, 0 Nays, 0 Abstain, 0 Absent ITEMS TO BE REFERRED Administration and Finance Committee Discuss a contract with the Montana Department of Commerce for the award of $5 million in funds from the Neighborhood Stabilization Program to purchase property, demolish existing structures, and construct 115 units of affordable rental housing at 1311 E. Broadway (formerly the Missoula Athletic Club site) (memo).—Regular agenda (Nancy Harte) Quarterly report by North Missoula Economic Development Corporation (NMEDC) (memo).—Regular Agenda (Lyn Hellegaard) Approve Community Development Block Grant (CDBG) Loan Agreement 09-10 with Partnership Health Center in the amount of $275,000 for the purchase of the Creamery Building at 401 West Railroad Street (memo).—Regular Agenda (Mike Barton) Budget Committee of the Whole Mid-year report from Finance as to the city‟s financial status (memo).—Regular Agenda (Lyn Hellegaard) Conservation Committee Budget update on aquatics (memo).—Regular Agenda (Lyn Hellegaard) Plat, Annexation and Zoning Committee Petition 9452—Craig M. McBeath; 302 South Grove Street; Longpre Addition - Lot 3 Geocode #220019110060000; Petition for Annexation Petition 9453—Dennis W. Williams, Williams Addition Sewer System Operator; All of the Williams Addition and all fo the Lots 63, 64, 65, 66 and 67, Spring Meadows Addition located in the North Half of Section 21 and the Northeast Quarter of Section 22, Township 14 North, Range 20 West, P.M.M.; Petition for Annexation Petition 9454—Stockyard Road Investments, LLC; Tract 8A of Certificate of Survey No. 6109 Geocode #219912101230000; Petition for Annexation Rezoning request of property located at 1311 E. Broadway commonly known as Missoula Athletic Club site and legally described as Lot 2B of Gateway Gardens No. 1 Lots 1B and 2B Subdivision from OP-3 (Public Lands and Institutional) to C1-3 (Neighborhood Commercial, Intensity Designator-3) (memo).—Regular Agenda (John Newman) Review Title 20 sign ordinance to address prior commitments to business community (memo).—Regular Agenda (Lyn Hellegaard) Public Safety and Health Committee Discuss workers' compensation (memo).—Regular Agenda (Dick Haines) MISCELLANEOUS COMMUNICATIONS, PETITIONS, REPORTS AND ANNOUNCEMENTS - None ADJOURNMENT Acting Mayor Childers thanked the council members and the staff for their service. The meeting adjourned at 7:41 P.M. ---PAGE BREAK--- City of Missoula City Council Minutes –December 21, 2009 - Page 9 ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL) Respectfully submitted by, Nikki Rogers, Deputy City Clerk