Greetings,

This morning in Public Safety we learned all about the Health

Departments efforts to battle the H1N1 flu virus. There was a lot of
information but what I retained was that the virus is not really that big
of a deal in these parts. People are getting it but it is a low intensity
flu. Children and elderly are more susceptible. People between 25 and
64 are low risk. Tamiflu works well but it is only recommended to high
risk people because we want to save it and we also don’t want the bug
to develop resistance by over exposure. There is also a vaccine but it is
a little late. Since the virus is blowing all over Missoula people are
getting exposed before they can get vaccinated.

Then we had a morning Administration and Finance meeting. We

approved a contract for the financing of our Capital Improvements
loans. We then took up the matter of passing a resolution and
authorizing some kind of marker to commemorate the centennial of
the IWW free speech events that took place in Missoula back in 1909. It
is a pretty interesting history. Back then free speech and assembly
were not considered to be rights that could be exercised in public. I
suppose people could say what they want at a gathering in a private
hall but not on the street. So the union leaders started a protest where
they would stand up on a soap box on the corner of Higgins and Front
and speak out for worker rights. They got arrested for it and started a
protest movement where they called folks from all over the country to
come and speak up and get arrested. Folks flowed in and before long
they were getting arrested for reading from the constitution and the bill
of rights. Between the bad press Missoula was getting and the
incredible cost of feeding all these people in jail, the city decided to let
them all out of jail, change the policy, and let them speak on their soap
box. The union declared victory and took this strategy to other cities
around the country in a movement that eventually changed the laws in
this country to allow free speech in public places.
All but Renee Mitchell were in favor of the resolution. She was hung up
on putting some kind of monument where it may be an obstruction on
the sidewalk.

Next we had Public Works. The main subject of discussion was the safe
routes to school grant to build bulb outs and handicap sidewalk ramps
around Paxson school. We approved the contract but there was some
public comment expressing dissatisfaction with the way the Bike/Ped
office in the public works department had worked with the bike/ped
board regarding bulbout design and project location choices. I’m
thinking we will probably here more about that soon.

In PAZ we were back to considering Clark Fork Terrace #1. This is too
complicated to explain all the details but I’ll try to get to the heart of it
for folks familiar with the general situation. If you want more
background just get a hold of me and I’ll tell you more than you want
to know. This whole project is south of the interstate in east Missoula
south of the canyon river golf course. CFT2 is the parcel along the river.
CFT1 is just to the west in between CFT2 and Deer Creek rd. CFT2 was
approved a year or so ago and then the developer sued us. We wanted
a trail along the river and some other stuff and he didn’t want to give it
to us. So that project is in court. Both sides are very likely to appeal
whatever decision comes to the Montana supreme court so we won’t
see any resolution there for at least three years.
The decision before us is if we want to annex CFT1 or do we want to kill
the project. There are lots of reasons to not annex this property.
Among them is the fear that this developer (or his attorney) will screw
us if we give him the chance. So maybe best to just take a pass on his
project. I voted in favor of the annexation. Here are my reasons. My
interest is in seeing the trail system completed out there. The
subdivision itself looks OK. But there are some special trail connections
out there. This subdivision sits in between the new state park at the old
Milltown damn site and the Kim William’s trail into town. It also sits in
between the connection from the Canyon River loop trail and the future
extensions of the Kim William’s trail. We are always big these days on
trail connectivity giving the residents of the subdivision non-motorized
access to the outside world. In this case there are important
connections in three directions.
The trail connection on the south end of the this property cannot be
separated from the law suit. There are two choices of where it can run
but the piece that goes past CFT2 will have to be the same as the part
by CFT1. So I think we are stuck waiting for the outcome of the suit on
that one.
But to the north the developer has offered us 300 feet of river front
trail which will then connect over to the internal road network and
sidewalks that take you to the trail that runs adjacent to Deer Creek
road and to the future Kim Williams Trail. By building this section along
the river this triggers the terms of the agreement with Canyon River to
make them build their portion of the trail along the river. So I’m in
favor of laying down our only card in this deal to secure the 300 feet of
trail and the Canyon river portion of the trail. If we don’t annex, and
then we lose the law suit we not only lose the river trail in CFT2 but we
lose the trail in Canyon River. Maybe we could negotiate something
later when he ultimately brings CFT1 back in but I think we are in a
better position right now to get the connection. There are still a lot of
unknowns here and there is very little trust from the council. We pretty
much want any offers signed in blood before we will consider them.
So considering our position over the barrel, I’m thinking that securing
some of the connections are better than gambling on them all.
Hopefully it will go this way and I won’t get burned. If I do, I can
promise my assumptions of good faith by project applicants will be
forever changed.

There are a number of details still to work out but our deadline is the
30th. So we will have to haggle through the rest of it on the council
floor on Monday night.

Thanks for your interest,

Bob Jaffe
Missoula City Council, Ward 3
1225 South 2nd West
Missoula, MT 59801
(406) 728-1052

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