By Michael Howell
Following a public hearing last Thursday, February 26, at the regular Stevensville Town Council meeting a new ordinance was adopted governing the issuance of Special Event Permits. In the past every Special Event Permit issued had to be reviewed and approved by the Town Council. Permit applications were required to be submitted 30 days prior to the event to allow time for obtaining department approvals and scheduling a meeting before the full council which meets on the second and fourth Tuesdays of each month. The new ordinance would only require review and approval by the Fire, Police and Public Works departments and could then be signed by the Mayor if the estimated attendance of the event is less than 1,000 people. If the estimated attendance is greater than 1,000 it would still need approval by the entire council. The permit application must be made at least 14 days prior to the event being permitted.
The Mayor was directed by a previous council over a year ago to make recommended changes in the ordinance to make the approval process more expedient for the applicants. Councilor Bill Perrin, who served on the council at the time, said that the council felt that “it was onerous for someone to have to come to council, especially since all the required review and approval had already been made by the Police Chief, Fire Chief and Public Works department.” He said as far as he knew no permit was ever turned down after receiving the review and approval of those key officials concerning safety issues.
“We felt we should streamline the process and make it easy,” said Perrin.
Councilor Jim Crews saw things a bit differently, however.
“As events become complex they require a little more scrutiny,” said Crews. He put forth an amendment to the proposed administrative process that would still require council approval of any event that would have more than 100 participants.
Perrin suggested that over 1,500 people might be more realistic. He said most every event permitted in the past was attended by more than 100 people. He said the result would be everything still going before the full council.
Councilor Tim Hunter agreed saying that the town only issues a handful of permits that are basically the same every year and most have over 100 participants.
Councilor Robin Holcomb said that she was in agreement with the amendment because some past Creamery Picnic events benefited from council review even after department approval. She suggested it go to council if attendance is greater than 500.
Crews said maybe 750 would be better.
Mayor Gene Mim Mack said that only two events regularly permitted were really significant in size and complexity, Western Heritage Days and Creamery Picnic. He suggested simply requiring those two to go to council.
In response, Crews upped the number to 1,000 participants as estimated by the permit applicant.
The Mayor stated that the City of Hamilton, which handles far more and far larger events than Stevensville, used a checklist and a purely administrative process for permitting special events.
“I’m somewhat at a loss as to why we couldn’t do that too,” said Mim Mack.
After a little discussion about the requirement that applications be submitted at least thirty days prior to the event, Crews made an amendment to his amendment to reduce that time to 14 days. That amendment was approved unanimously.
The amendment allowing for administrative processing for smaller events but requiring council approval if attendance is estimated at over 1,000 was approved on a 3 to 1 vote with Hunter casting the dissenting vote. The entire ordinance, as amended, was then adopted unanimously.
Cost of sewer project going up
Mayor Mim Mack informed the council that the cost of the proposed wastewater treatment plant improvements has outstripped the original engineering estimates. The preliminary engineering estimate for the cost of construction was $2.877 million. But all four of the recently opened bids were over $3 million. The lowest bid, from Williams Brothers Construction, was $3.52 million, or about $650,000 over the estimated costs.
To make up that difference, the Town will have to seek additional funding and possibly face a re-balancing of the grant-to-loan ratio that could end up increasing the Town’s match for the project. The match under the original cost estimates came to $250,000. Mim Mack said any effect on customer rates as a result of the change would probably be negligible. He said delaying a proposed de-watering project for five years could reduce the increased cost by $300,000.
Cash-in-lieu for parkland has strings attached
The Town received $9,700 as a cash-in-lieu of parkland dedication payment from the Missoula Federal Credit Union to compensate for a portion of the parkland requirement for Twin Creeks Subdivision. The Mayor cautioned that state law places certain restrictions on the use of those funds. He said state law requires that the money be spent on acquisition, development or maintenance of parkland “in close proximity to the original subdivision” and that only up to 50% could be spent on maintenance. He said the money would be put into a special account and the laws governing expenditure should be considered when the money is budgeted.
Changes in Personnel Policy postponed
Although there was consensus that the proposed changes to the Personnel Policy submitted by the Mayor were acceptable, it was decided to postpone adopting the new policy until a separate resolution controlling job position descriptions is hammered out.
According to the Mayor, the language in the current personnel policy concerning the creation of job descriptions was not carried over into the new policy because it doesn’t need to be. He said questions about the creation of job descriptions was a separate issue from personnel issues and should be considered separately.
Both Crews and Perrin expressed reticence to change the personnel policy without addressing the job description issue at the same time.
Mim Mack said it made no sense to postpone action on the personnel policy, which everyone was in agreement with, because it was unrelated to the issue of job descriptions. He said not having some provision about job descriptions for a few weeks couldn’t possibly be a problem unless some new job was being created. He said such a decision would have to go before the full council for approval anyway.
Perrin said that in his view they would be taking something out of existing policy and not replacing it. He said he would prefer to postpone the change until the job description issue was addressed.
Perrin withdrew the motion he had made to approve the personnel policy and instead moved to postpone it until the resolution concerning job descriptions was adopted. The motion to postpone was approved on a vote of 3 to 1 with Hunter casting the dissenting vote.
Mayor directed to draft ordinance governing the painting of sidewalks and curbs
Mayor Mim Mack told the council about the latest events surrounding an out-of-town contractor from the Kalispell area who was in town painting address numbers on sidewalks and curbs. He said the contractor came to town two years ago claiming to employ local youth in his private business operation of painting American flags and address numbers on the sidewalks and curbs of businesses and private residents. The Mayor said the business generated some complaints that the contractor would do the painting first without permission and then attempt to collect payment afterward. According to the mayor, the man was informed that he needed to get permission and arrange an agreeable price before doing any work.
“I actually think that was a mistake,” said Mim Mack. “Now he has shown up again on Main Street in front of businesses.” According to the mayor, the man charged $20 per job last year, but this year the price has doubled and he apparently made some mistakes right off the bat. He painted his first address on the curb of Main Street in front of the Bitterroot Star without permission from the business or building owner and got the address wrong.
Mim Mack said the man was informed that he could not paint sidewalks or curbs on Main Street without the state’s approval since it was a state highway. In response, the contractor moved into a neighborhood of private residences.
“Unfortunately for him, it was in front of the Chief of Police’s house,” said the Mayor.
He said the Chief called and two or three more people called. He said the call that made the most sense was from a former council member who said such practices should not be allowed, but if they were then an ordinance should be on the books outlining the requirements.
Mim Mack said he got “enough objection to the particular methodology this person used” to do some research.
“Kalispell seems to love him. We suggested he go back there,” said Mim Mack.
Councilor Crews said the man had been in his neighborhood. “They put the wrong number on two homes. They didn’t ask permission before they did it. They just did it and banged on the door afterwards for money. They were obnoxious and rude and we chased them out of the neighborhood,” said Crews.
According to the mayor, the man’s transient business license was revoked due to his tactics.
Mim Mack said that controlling such activity was complex because some school students do similar projects where they paint a Yellowjacket on the sidewalk in front of businesses. He was instructed by the council on a unanimous vote to draft an ordinance that would address the issues involved in painting on sidewalks and curbs in town.