| Regular City Commission Meeting | Mayor Morris Presiding |
CALL TO ORDER: 7:00 PM
ROLL CALL: City Commissioners present: Gayle Morris, Joan Bennett, Bob Deming, Vicki Everson and John Gilbert. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Finance, Park & Recreation, Fairgrounds, Library, Fire Chief, Police Chief, Acting Director of Planning and the City Clerk.
PRESENTATIONS:
Mayor Morris read a proclamation accepting a poem written by Orrin Loftin entitled "Lady Montana" as a gift to the City.
Nathan Tubergen, Director of Administrative Services, Billings, Montana, and Commissioner John Gilbert presented a Certificate of Achievement for Excellence in Financial Reporting to Coleen Balzarini, Controller.
On April 18, 1995, the City Commission voted to table action on Ordinances 2672, 2674 and 2675, in order to give Staff additional time to make changes to said ordinances. The City Commission made several recommendations and Staff was requested to research them, work with community groups on the proposed ordinances and prepare revised versions of each Ordinance. For the past two years, Staff, in conjunction with a consultant, have researched a more equitable system for issuing business licenses. Some Great Falls businesses have been paying license fees, but many have been exempt per State law. The primary reason for the exemption was based on regulatory authority of State agencies versus a local government.
The purpose for City involvement in licensing businesses involves creating a register of all businesses in Great Falls and providing safety and health inspections of the premises. The City is not involved in regulation of business activity. Because of this, Staff proposes to eliminate any concept of such regulation from the City Code book and focus on premise permits to cover the cost of health, safety and welfare inspections and other services.
In the past 5 years, the City Commission has dropped the mill levy 7 mills relieving property owners and assessing costs of services for those actually receiving the service. In an effort to continue this trend, and to recoup actual costs incurred providing safety and health inspections to business, Staff proposes the amendments to Title 5.
The significant amendments include:
On October 17, 1995, the City Commission set the public hearing for said ordinances and directed Staff to advertise the public hearing. The public hearing was advertised in the legal notices of the Great Falls Tribune, was listed as a public service announcement on the public access channel, two display ads were placed in the Great Falls Tribune, and notices were sent in two utility billing zones. Notices were not sent in the third utility billing zone because of timing.
Following the public hearing, the City Commission moved to postpone action on the Ordinances and directed Staff to meet with several groups to further discuss the issues brought forth during the public hearing and propose any amendments which may developed following the discussions.
Mayor Morris asked Cheryl Patton, Community Development Director, to review the amendments proposed by City Staff to the Ordinances. Ms. Patton stated that Staff proposed several amendments for Commission consideration following the public hearing. She added that the amendments, as outlined in the motion, were designed to make the ordinances more palatable to the general public. Additionally, that the amendments help to further clarify the intent of the ordinances.
Mayor Morris asked if there was anyone in the audience who would like to address the Premise Permit ordinances. The following people addressed the City Commission: Lee Saucier, (unknown address), stated his business has never received a fire inspection and expressed his dissatisfaction that the City Commission hired an out-of-state consultant to help develop the proposed premise permit ordinances. Cheryl Patton, Community Development Director, stated Mr. Saucier has a home occupation and not a business license and therefore, would not receive a fire inspection.
Joe Thompson, Rescue Mission, expressed his dissatisfaction for the City Commission to require non-profit organizations to obtain a premise permit.
Stephen White, 1308 5th Avenue NW, stated he still opposed the premise permit concept. He added that it is a tax. He suggested that the City Commission waive the premise permit requirement for those organizations with a 501(C)(3).
Greg Hatley, Attorney representing the Catholic Diocese, stated that even with the proposed amendments to the ordinances, the City would still be in violation of the United States Constitution. He urged the City Commission to exempt religious organizations from the proposed ordinances.
Frank Ghee, 4611 7th Avenue South, concurred with Mr. Hatley.
Kathy Meadors, 921½ 6th Street NW, explained she was concerned about the requirement for the neighbors of a home occupation to sign an authorization form. She stated that a business person should not be held hostage by neighbors and that could happen under the proposed ordinance.
Marge Dahlquist, Realtor, stated that because she is licensed by the State, she should not have to be subject to the City's premise permit ordinance.
Sandy Mares, 429 19th Street SW, suggested that the City already has ordinances which could protect neighbors from businesses that may infringe upon the neighborhood. She added that perhaps the City could make those ordinances stronger and eliminate the portion of the proposed ordinances for home occupations.
Kevin Whipple, 421 5th Avenue South, stated he did not understand the history behind the proposed ordinances. He suggested that if the City was attempting to require those receiving the service to pay for the service, then the fee structure was not set to accomplish that. He cited the large fees required for taverns as an example.
Selene Sedderway, 3401 7th Avenue South, stated that after talking with Ms. Patton about the proposed ordinances, she supported them and encouraged the City Commission to adopt them.
Rev. Karen Plumblee, 1304 3rd Westhill, stated there must be a strong separation of church and state and encouraged the City Commission to exempt the religious organizations.
Rev. Robert VanderAarde, 2100 5th Street NW, suggested the Commission avoid the word "permit" and develop another phrase to address the concept proposed by Staff.
Ronda Carpenter, 3208 2nd Avenue South, requested the City Commission amend the "employee" prohibition for home occupations and allow one FTE. She stated she was also concerned with the requirement that neighborhood approvals would be required for a home occupation year after year. Tim Magee, Finance Director, explained that neighborhood signatures were required only when the home occupation was applying for the first time.
Roscoe Canon, Ulm MT, requested this Commission table the issue until the new Commission takes office in January. He also suggested that the Commission keep the business licenses in order to recognize professionalism.
Bob Balyeat, 22 White Lane, stated that when the Commission starts to license Christians to be Christians, then a problem arises.
There being no one further to address the City Commission, Mayor Morris asked for the direction of the City Commission.
Commissioner Deming stated that the idea behind the permitting process was to assess those who were receiving a service rather than home owners subsidizing a service only businesses receive.
Commissioner Bennett moved, seconded by Commissioner Everson, that the City Commission adopt Ordinance 2672 with the following amendments:
Commissioner Gilbert stated that there are many issues surrounding this ordinance. He stated that he takes the comments made by the churches very seriously. However, any time a group of people pay less tax, but receive the same service, that means other groups are paying more. He added that this creates an equity issue. Commissioner Gilbert added that he respects the good works of the non-profits and respects religious freedom.
Commissioner Everson concurred with Commissioner Gilbert's comments. She stated that the people who have called her on the issue have explained that they don't mind paying, as long as it is fair. She reminded the audience that in the case of non-profit organizations, there is a cost to doing business.
There being no further comments by the City Commission, Mayor Morris called for the vote. Motion carried 5-0.
Commissioner Gilbert moved, seconded by Commissioner Deming, that the City Commission table Ordinance 2674 until December 5, 1995.
Commissioner Gilbert stated that he would like to think about the issues further. He added that he wants to make sure the ordinance is fair.
Commissioner Everson suggested that Staff track any complaints regarding home occupations for the next year and ask the City Commission to review Title 5 after one year.
Terry Pehan, 1128 28th Avenue SW, asked the City Commission, when considering home based businesses, to keep both sides of the coin in mind. He added that home owners, who don't have home based businesses, have rights too.
Commissioner Bennett concurred with Commissioner Everson's suggestion of reviewing the ordinance after one year.
Motion carried 5-0.
Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission adopt Ordinance 2675.
Commissioner Deming stated that the purpose of the itinerant/transient vendor licenses is because those vendors do not pay property taxes. However, they receive the same service that any other business would receive. Fred Burows, 1926 21st Avenue South, asked the City Commission to consider a separate license for auctioneers. He added that the proposed fee for an annual transient license was too expensive. He suggested $50 rather than the proposed $150.
Commissioner Deming stated that regarding the proposed false alarm ordinance, what Staff proposed was much easier on the businesses than what other communities impose.
There being no further discussion, Mayor Morris called for the vote. Motion carried 5-0.
Mayor Morris called for a short recess at 8:30 p.m. The meeting was reconvened at 8:35 p.m.
The recodification of Title 5 provides for the premise permit and license fees to be set by resolution. Most of the proposed license or permit fees would not change, and other proposed fees have not changed in over eight years.
Staff proposed several modifications to the resolution between the time the City Commission set the public hearing and the public hearing itself. Those modifications include:
Mayor Morris declared the public hearing open. Those speaking regarding the Resolution were as follows. Jon Tovson, 2925 B St NE, applauded the City Commission for exploring ways to expand revenues. However, he asked the City Commission, to reconsider the fee structure for those businesses with all-liquor and beer/wine licenses. He added that the proposed fee is substantially higher than what is proposed for other businesses.
Sandy Mares, 429 19th St. SW, asked if the fees would be reviewed annually.
There being no one further to address the City Commission, Mayor Morris declared the public hearing closed.
Commissioner Gilbert moved, seconded by Commissioner Everson, that the City Commission table Resolution 8762 until December 5, 1995.
Commissioner Deming stated that the public hearing for this resolution was not required by law. However, the City Commission, wanted to hear the public comment before making a decision on the proposed resolution.
Commissioner Everson stated that in the Great Falls Tribune it was reported that the City Commission "caved in" during the last public hearing by approving amendments to the proposed ordinances based on public comment. Commissioner Everson stated that it wasn't caving in, it was democracy at work.
Commissioner Gilbert stated that he had a problem with the churches having a separate structure. He also suggested that the tiers for renewals be adjusted downward and that the home occupation fee be set at $30. Additionally, Commissioner Gilbert suggested the itinerant/transient vendor annual permit be pro-rated.
Motion carried 5-0.
Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission accept the Consent Agenda as printed.
Motion carried 5-0.
No reports or announcements.
No reports or announcements.
There being no further business to come before the Commission, the regular meeting of November 21, 1995, adjourned at 8:58 p.m.
/S/
Gayle Morris, Mayor
/S/
Peggy J. Bourne, City Clerk