| Regular City Commission Meeting | Mayor Gayle Morris Presiding |
CALL TO ORDER: 7:00 PM
PLEDGE OF ALLEGIANCE
ROLL CALL: City Commissioners present: Joan Bennett, Bob Deming, Vicki Everson, John Gilbert and Gayle Morris. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Planning, Finance, Park & Recreation, Fairgrounds, Fire Chief, Assistant Police Chief, and the City Clerk.
Mayor Morris read a proclamation declaring April as "Alcohol Awareness Month."
Keith Ballentine, representative from Society of Architects, presented the most recent community project adopted by the Society. That project is to develop a downtown master plan for Great Falls. He stated that the Society will offer it as a gift to the City. He added that the group is focusing on how the parks and the downtown are related both aesthetically and through landscaping. He concluded that the presentation was to let the Commission know what the project was and that they will be in contact with the Commission as the project progresses.
Ordinance 2664 amends the time allowed to purchase and discharge fireworks, thus reducing the number of fireworks related fires and injuries. By limiting the types of fireworks allowed to be sold and in possession, there should also be a reduced number of fires and injuries. Establishing the fireworks stand fee structure will relieve some of the budgetary burdens experienced in the past pertaining to inspection of fireworks stands, code enforcement and extinguishing of the fires.
Mayor Morris declared the public hearing open. Those speaking in support of Ordinance 2664 were as follows:
Mike Maloney (1404 4th Avenue North) stated he was representing the "Montana Association for the Blind". He stated that the Montana Association for the Blind adopted a resolution supporting Ordinance 2664. He added that many eye injuries could have been prevented if fireworks were banned.
Charlie McCune (1007 2nd Avenue SW) stated he is opposed to the use of fireworks. He added that the Fourth of July is one day, not two weeks. He stated that fireworks, if allowed, should be used in the parks and not in the neighborhoods. He suggested that the use of fireworks represents increased costs to the city residents and that perhaps those people selling fireworks should be responsible for picking up the parks after the Fourth celebration.
Kay Maloney (1404 4th Avenue North) told a story of how her son was injured with fireworks that could have left him blind. She concluded stating that a lot of people have lost their vision due to fireworks and encouraged the City Commission to ban personal use of fireworks in Great Falls.
Those speaking in opposition to Ordinance 2664 were as follows:
Bill Morris (address unknown), stated he supported the use of fireworks for the Fourth of July celebration but did not understand why the fireworks were sold after the 4th. He added that he supported a shorter period to sell safe fireworks.
Mike Maeder (1114 4th Avenue South #4) stated that the Pyrotechnicians Guild supports personal use of fireworks. He added that fireworks usage has increase by 200% while injuries have decreased by one-half.
Mr. Maeder said that fireworks should be allowed in parks, if anywhere. He added that the taxpayers already pay for crews to keep the parks clean and did not see a problem with some additional work after the Independence Day celebration. Mr. Maeder addressed the proposal to shorten the time frame for selling fireworks. He stated that would cause chaos in the firework stands and that the employees would not have the time to explain safety measures associated with the fireworks.
Mr. Maeder also stated that prohibiting fireworks that go in the air more than 15 feet would eliminate about 50% of the fireworks sold. He added that he was already stocked for this year.
Mr. Maeder insinuated that this Ordinance would teach disrespect for the law. He stated that people would ignore it and shoot off fireworks anyway. He also stated that raising the firework stand fees would put an economic hardship on the smaller stands. He added that the increased fee would be passed on to the consumer and that more stands will move into the County and the City would lose all control.
Mr. Maeder suggested that the City increase fines associated with vandalism and for possession of fireworks already banned.
In conclusion, Mr. Maeder stated that he would personally put up signs in the parks reminding people of safety measures to be taken with fireworks.
Eleanor Chevalier (248 15th Avenue South) stated she is the mother of eleven children and that she has permitted all her children to use fireworks. She added that none of her children were ever seriously injured by using fireworks. She stated that her daughter earns college tuition money by working in a fireworks stand and that she did not support the proposed ordinance.
JoAnne (unknown last name), (2025 2nd Avenue SW) stated the proposed ban was too strict.
Tina Lorenz (2005 8th Avenue South) stated she works at a fireworks stand and that many out-of-staters purchase fireworks in Montana because they are banned in their state. She stated that she allows her children to use fireworks under close supervision. She added, however, she realized that not all parents supervise their children while using fireworks.
Mark Nash (3516 Central) stated he does not agree with the Ordinance because he felt it would be difficult to enforce and because he feels fireworks are safer today than they have been in the past. He added that he represents the Optimist Club and that fireworks sales is a major fundraiser for that organization. He concluded that the money raised by selling fireworks is reinvested in our community's programs for children.
Larry Wright (31 Camanche) stated he opposed banning fireworks because there are other, more important and more dangerous, issues to resolve.
Rebecca Bindle (2608 2nd Avenue North) stated that she represented Campfire. She added that selling fireworks is a major fundraiser for that organization and that they make sure that flyers are handed out to everyone who purchases the fireworks to ensure a safe and fun Fourth of July celebration.
Robert Trandle (1825 5th Avenue SW) stated that he works in the Royal Ranger fireworks stand. He added that the money raised in that booth goes to pay for kids camping trips. He added that if they didn't have the fireworks booth, there wouldn't be any money to send the kids to camp.
Mike Kuntz (1325 5th Avenue South) stated that his daughter earns money at fireworks stands and that the problems brought up won't be resolved by a fireworks ban.
There being no one further to speak in support of or in opposition to Ordinance 2664, Mayor Morris closed the public hearing.
Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission deny Ordinance 2664 and direct Staff to prepare an ordinance totally banning all fireworks sales and discharging within the City limits except public fireworks displays by a bonded operator.
Commissioner Deming stated that as the former Superintendent of the Montana School for the Deaf and Blind, he made the motion on behalf of those children and on behalf of the Association for the Blind.
Commissioner Bennett stated that even though the majority of the people speaking were opposed to the Ordinance, the calls she received were about 50% in support and 50% in opposition to it. And even though most of the stands are for charities, there is still an economic interest. She added that she is opposed to fireworks for all the reasons stated during the public hearing, the personal injuries, the property damage, the noise, and for these reasons every city in the State of Montana except Butte has banned fireworks. She added that some of those speaking in opposition to the Ordinance argued that the ban would be an abrogation of a basic right. However, the Commission is not banning the public fireworks display. She stated that some people argued that this type of ordinance could not be enforced. She added that she did not believe that most people want to mock the law but that people really care about having a safe environment.
Commissioner Everson stated that for philosophical reasons she did not support a total ban. She stated that she agrees with a lot of things that were said during the public hearing about tradition, safety and education. She added that she did not feel that a total ban would solve all the problems but a partial ban would at least solve some and would be a beginning. She stated that neighbors do have legitimate complaints and that fireworks should not be allowed to go on and on and on. She did support some restrictions in time. She stated that Mr. Morris asked why are fireworks sold after the Fourth. She agreed and did not understand why fireworks are sold after the Fourth of July and suggested that fireworks sales halt at midnight on the Fourth of July. She added that she did support fireworks being banned in the parks. She stated that Mr. Maeder brought up some good points but that it is not fair to the taxpayer to have the additional expenses caused directly by the use of fireworks. She also stated that she understands that most of the fireworks distributors have already purchased this year's inventory and she would not deliberately put undue pressure or economic hardship on anybody and that we could work on a beginning time that would be satisfactory for most people. She supported City Staff and representatives from the fireworks industry to meet and work out solutions.
Commissioner Gilbert stated that he did not support a total ban of fireworks. However, there were some points brought out during the public hearing that needed to be addressed. He began by repeating the comment "we celebrate our freedom by shooting off fireworks". Commissioner Gilbert suggested there are other ways of celebrating freedom such as displaying the American flag.
He stated that many people described a flyer that is distributed with fireworks sales. He added that his son purchases fireworks and has never brought home one of the flyers. He stated that he, too, has purchased fireworks and no one had ever taken the time to explain safety issues with him. He stated that one of the things that happens is that fireworks operators export their costs to the taxpayers by requiring City crews to clean up the garbage. Commissioner Gilbert recalled that last year, on July 5, he went to Shopko and almost could not drive through their parking lot because of the debris left by fireworks.
Mayor Morris stated he did not support a total ban either. He added that his personal experience with fireworks is that some that are being sold are dangerous and those are the ones being addressed in the ordinance. He stated that many of those speaking during the public hearing stated that children using fireworks should be supervised. However, he surmised that often times adult supervision is lacking. He concluded stating that the parking lot of his business is damaged quite heavily during the Fourth of July celebration by people who are not responsible with the personal use of fireworks.
Mayor Morris called for the vote. Motion failed 2-3 (Commissioners Morris, Gilbert and Everson dissenting).
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission adopt Ordinance 2664 with the following amendments:
Commissioner Gilbert stated that it is important the audience understand what the amendments leave in the ordinance. The first thing is that fireworks will be banned from City parks and the second is that the fee increase stays in.
Commissioner Deming stated that since the motion to totally ban fireworks was defeated, he would support this amendment. However, he is opposed to the personal use of fireworks.
City Manager, John Lawton, requested that the amendment read "the Commission direct City Staff" and that a time limit of November 1 be specified for the development of the other ordinance. Commissioner Gilbert agreed to the proposed changes.
Motion carried 4-1 (Commissioner Bennett dissenting).
The City Commission adopted an objective to "modernize, update, and streamline the Great Falls Municipal Code." In keeping with that directive, each City Department was assigned certain sections of the Official Code for the City of Great Falls (OCCGF) to review and propose revisions. Each Department was to review the Title(s) assigned with the following criteria in mind:
Title 10 was assigned to the Great Falls Police Department. The proposed deletions to the codes are either covered under Montana State Law or represent ordinances which are obsolete.
Commissioner Everson moved, seconded by Commissioner Deming, that the City Commission accept Ordinance 2646 on first reading and set 7:00 p.m. April 19, 1994 as the public hearing date.
Commissioner Deming stated that the recodification process has been a directive of the City Commission for the past three years.
Motion carried 5-0.
Administrative rules of the State of Montana require that local governments with a code enforcement program must, within 90 days of receipt of notice, update the local codes to the latest codes adopted by the State. The City received notice that the State adopted this amendment on February 24, 1994.
The changes include:
Uniform Building Code (15.01) adopting appendix Chapter of the 1991 Edition of the Uniform Building Code having to do with: agricultural buildings, conventional light frame construction in high wind areas, water proofing and damp proofing foundations, and accessibility for existing buildings.
Uniform Housing Code (15.03) amending the 1991 Edition of the Uniform Housing Code. The change adopts an amendment to Section 1001(b) by the addition of a sentence affecting minimum room heights.
Model Energy Code (15.06) adopting the 1992 Edition of the Model Energy Code in place of the 1989 Edition.
Uniform Plumbing Code (15.09) amending the 1991 Edition of the Uniform Plumbing Code affecting the minimum required plumbing fixture table by adopting use of Appendix Chapter C of the Uniform Plumbing Code for hospitals and nursing homes.
National Electrical Code (15.10) adopting the 1993 Edition of the National Electrical Code in place of the 1990 Edition.
Commissioner Bennett moved, seconded by Commissioner Gilbert, that the City Commission accept Ordinance 2665 on first reading and set a public hearing and final reading for April 19, 1994.
Motion carried 5-0.
In 1993 the sign code was revised in order to provide an up to date enforceable management tool for signage within the City limits. The Community Development Staff identified some areas needing further clarification, including the definitions of premise and projecting sign. Also, allowances for properties in excess of 30,000 square feet were also addressed. Finally, the Great Falls Transit District proposed selling advertising space on its transit shelters and Staff proposed changes that would permit this within the confines of the bench sign section of this Code.
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission accept Ordinance 2666 on first reading and set a public hearing and final reading for April 19, 1994.
Motion carried 5-0.
If adopted, Ordinance 2667 will rezone Portage Meadows No 2 Add, Block 6, Lot 1 from "PUD" (Planned Unit Development) District to "LB" Local Business District, "C" Area. The involved property is located along the south side of 4th Avenue North and west of 52nd Street North. The purpose of the rezoning is to remove the existing PUD zoning designation requiring compliance with a site plan created in 1977.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission accept Ordinance 2667 on first reading and set the final reading and public hearing date for 7:00 .m., May 3, 1994.
Commissioner Deming stated that this was originally platted in 1977 and that the Planning Board recommended approval for this rezone request.
Motion carried 5-0.
The City received a petition requesting street lighting in Montana Addition from 19th Avenue SW to 24th Avenue and 11th Street SW to Treasure State Drive. The petition was signed by 49.8% of the property owners. The lighting is to consist of eighty-five (85) 100 watt post top lights, two (2) 100 watt HPSV fixtures on dedicated wood poles, and three (3) 100 watt HPSV fixtures on existing distribution poles. Three distribution poles already exist on 24th Avenue SW in front of Meadowlark School on the Fox Farm Drive side, therefore, 100 watt HPSV fixtures will be installed on these three poles rather than installing post top lights. In order to provide adequate lighting to both sides of 24th Avenue SW in front of Meadowlark on the 11th Street side, two (2) 100 watt HPSV fixtures and dedicated wood poles will be installed rather than post top lights.
Commissioner Everson moved, seconded by Commissioner Gilbert, that the City Commission adopt Resolution 8625 which sets a public hearing date for May 3, 1994.
Motion carried 5-0.
Mayor Morris enumerated the nineteen (19) Consent Agenda items as follows:
Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda.
Commissioner Deming requested item 22 be pulled. The motion was amended to read:
Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission accept the Consent Agenda minus item #22.
Commissioner Deming complimented the City Manager and City staff on their work regarding item 12.
Motion carried 5-0.
Declare the forward fold Interkal set of bleachers and the Burley Rink Supply Porta-Pipe? ice mat system surplus property. These bleachers and plastic tubing ice mat are scheduled for replacement within the current Four Seasons Improvement Project. Both have only limited usefulness within the existing facilities and may serve the greater public good to be sold to another recreational facility for use. The sale proceeds could be used to support Fairgrounds improvements. If no reasonable bid is received for the bleachers, it will be necessary to disassemble the set for material salvage at considerable expense. If no reasonable bid is received for the plastic tubing, there is no salvage value and distant, if any, future usefulness.
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission declare the forward fold Interkal set of bleachers and the Burley Rink Supply Porta-Pipe? ice mat system surplus property and authorize staff to solicit offers for Commission consideration.
Commissioner Everson asked if the bid for the bleachers include removal costs. Bill Ogg, Fairgrounds Director, stated it would.
Commissioner Gilbert reiterated the motion for the benefit of the audience.
Wayne Thompson (709 32nd Avenue NE), President of the Amateur Hockey League stated he was opposed to the City selling the ice mat. He read three letters supporting the various ice activities in Great Falls and encouraged the development of a third ice rink. He asked the City Commission to wait to sell the ice mat until the ice users have had an opportunity to develop a plan for its use.
Mayor Morris explained the surplus declaration process for the benefit of the audience.
Kathy Cunniff (3628 8th Avenue South) asked the City Commission to vote against the motion in order to give the ice users time to develop a plan to raise the necessary funds to purchase the ice mat and to investigate its feasibility. She requested the Commission postpone a decision on this for two or three years.
Commissioner Everson asked Mrs. Cunniff where the third ice floor would be. Mrs. Cunniff indicated that the ice users were thinking about using the new Exhibition Hall at the Fairgrounds for the third rink.
Commissioner Everson stated that the new Exhibition Hall was not built for an ice floor and that there were too many additional expenses associated with ice floor to make it feasible in the new building. She added that she could not support that idea under any circumstances.
Commissioner Gilbert explained that the Commission had no intention of capriciously selling the equipment. He added that the request to delay the decision for two or three years was too long of a time period. He encouraged the ice users present to prepare a proposal to purchase the equipment.
Mayor Morris asked the ice users if they had thought of using the ice mat in another facility aside from the new Exhibition Hall.
Debbie Ball stated that the Exhibition Hall does have merit for a third rink and that a third rink is necessary. She asked that the Commission give the ice users 90 days to develop a proposal.
Commissioner Gilbert reiterated that action this evening was simply to authorize Staff to receive proposals from other entities interested in purchasing the equipment. He added that the Commission will make the ultimate determination, at a later date, if the equipment will in fact be sold.
Motion carried 4-1 (Mayor Morris dissenting).
CDBG regulations require the Proposed Statement be adopted by the governing agency and be published community wide.
Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission accept the Proposed Statement for use of the 1994/95 CDBG funds and set the public hearing for April 19, 1994.
Motion carried 5-0.
Cheryl Patton, Community Development Director, advised the City Commission that the City received notice that the HOME application for a grant to fund the construction of eight affordable housing units in Holland Park had been approved.
There being no further business to come before the Commission, the regular meeting of April 5, 1994, adjourned at 9:14 p.m.
/S/
Gayle Morris, Mayor
/S/
Peggy J. Bourne, City Clerk