City Commission discusses housing; approves fire code changes; sets hearing for weapons code change proposal
During the City Commission’s Dec. 7 meeting, City Manager Greg Doyon addressed the community’s most burning question of recent weeks.
Does the city know the Christmas tree is crooked?
Yes.
Everyone knows.
The tree was donated and the Downtown Great Falls Association handles the effort in getting a donated tree annually and transporting it to the Civic Center. The association fundraises that entire operation and the city provides the lighting.
Downtown Christmas tree to be repurposed into dining table [2020]
Doyon said the city forester examined the tree and it has a natural bend to it, as well as some damage in years past, so if they were to try straightening it, the tree would break.
The tree won’t fall down, as it’s anchored several feet into its hole in front of the Civic Center as it always is, but they’ll probably take it down a bit earlier than normal this year, just in case.
During that meeting, the commission also held a public hearing on housing needs to develop a plan for the use of additional federal funds; as well as approved fire code ordinance changes and set a public hearing for Dec. 21 on a proposed change to the city’s weapons ordinance.
The American Rescue Plan Act of 2021, a federal COVID relief package, appropriated funding to provide housing services, and shelter to individuals experiencing homelessness and other vulnerable populations, to be allocated by formula to jurisdictions that qualified for HOME Investment Partnerships Program allocations in fiscal year 2021. The city has been awarded $1,026,477 of HOME-ARP funds.
City holding hearing on use of federal housing funds
The hearing is not designed as a way for agencies “to discuss or promote their individual grant applications. All comments on the best use of HOME-ARP funds for the provision of housing, services and shelter to individuals experiencing homelessness and other vulnerable populations are welcome,” according to the city.
Rev. Jeff Wakeley, the pastor at First United Methodist Church, on the corner of 2nd Avenue North and 6th Street, said that the city needs more homeless shelters.
He said that many in the city were aware of his church’s allowance of people on the property, to include sleeping on the property, but that he asks them not to drink alcohol on the property.
This year, there are have been significant complaints about the people sleeping and gathering in large groups on the property from residents, downtown businesses and the church across the street.
The issue has prompted multiple city meetings and Doyon, the city manager, met with the pastor and members of the First Baptist Church in October about their concerns about the neighboring church. Doyon also met with Wakeley to discuss those concerns in October. Doyon sent a letter to the First Baptist Church pastor, which was also shared with the Downtown Safety Alliance, reviewing the concerns and outlining challenges and efforts the city is making to address the issues.
During the Dec. 7 meeting, Wakeley said he intends to continue allowing the homeless to gather and sleep on the property and that the city needs to provide more shelter for the homeless in the community.
“There simply are not enough places for the homeless,” he said.
Wakeley said he’s been accused of enabling the homeless, but the church has enabled the city for their unwillingness to deal with the community’s homeless problem. He said the criticism leveled at the church is a distraction.
He asked that the city use the ARPA housing funds to build more housing shelters for the homeless.
NWGF receives $6.1 million in low income housing tax credits for Baatz Building renovation
Sheila Rice, the former director of NeighborWorks Great Falls who remains involved in housing issues, said that homelessness is on the rise in Montana and that it’s caused by many factors, but demand has outstripped the supply of affordable housing and as incomes fluctuate, people can become housing insecure or homeless.
She said one possible solution is permanent supportive housing, which is housing with social services in the same place. She said those types of facilities have proven successful in other communities and when people have homes, it lowers their rates of criminal recidivism, their use of emergency services and interactions with law enforcement.
NWGF is currently working on a permanent supportive housing project in the Baatz Building, 400 2nd Ave. S. The agency purchased the building that had been vacant for years and was awarded tax credits for the project, but could use more financial support from the city’s ARPA housing funds, said Sherrie Arey, the current NWGF director.
She said the city could also consider using the funds to create a rental assistance program to help keep those in danger of losing their housing in place, which also helps keep landlords whole since many won’t rent to the most vulnerable if they’re worried about not getting rent payments and being able to make their mortgages.
The commission had to hold the hearing as part of the federal rules for the funding and will use the information from the hearing to make a plan on how to use those funds, according to staff.
The commission also unanimously approved changes to the city fire codes, the first creates a fine for repeated false alarm calls at businesses. The change also identifies and incorporates the existing Montana statutory prohibition against the intentional activation of false alarms.
City considering changes to fire code for false alarms; licensing; maintenance of fire alarm systems
The change also clarifies the existing need for alarm agents, or those who service and repair alarms, to get a special business license from the city planning department.
Commissioners also approved a change to city code regarding the reporting of inspections, testing and maintenance of fire alarm systems within the city.
The city adopted the 2012 International Fire Code that allowed city fire officials to request those records, but newer versions of the code that the state and city are transitioning toward don’t include that provision.
GFFR relies on the ability to request those reports “to ensure that the city knows which systems are working as designed and which are deficient,” according to the staff report. “With the submission of these reports, GFFR is able to work with the business owner and the service providers to ensure that any necessary repairs are made to the life safety systems.”
Currently, GFFR is only receiving reports from about half of the service providers working within the city.
A number of the service providers are not transmitting the reports and many may not be licensed to provide alarm services in the city, under the current code.
Without those reports, GFFR “is not in a position to assess whether the systems being serviced are fully operational or in need of repair,” according to GFFR.
The new code would allow GFFR to obtain those reports by requiring that all inspection, testing and maintenance of fire alarm systems be conducted by properly licensed agents and having the reports generated by those providers be submitted to the city’s third party reporting partner.
The third party reporting partner will work with GFFR, alarm agents and business owners to ensure the life safety systems that are found deficient get the needed repairs to operate as designed.
“This would increase overall compliance of alarm systems in Great Falls, and in turn enhance the safety and efficacy of these systems,” according to GFFR.
There was no public comment on the fire code changes.
Commissioners also accepted on first reading a proposed change to the city’s weapons ordinance and set a public hearing for Dec. 21.
City considering changes to weapons ordinance
The change is largely due to changes in state law, including Legislative Referendum 130 in the November 2020 general election and HB102 in the 2021 legislative session.
LR 130 “significantly restricted” the legal authority of local governments to regulate the possession of firearms and HB102 “extended the right to carry concealed weapons in Montana to individuals without a concealed carry permit, and substantially limited the areas where concealed carry by a valid permit holder can be restricted,” according to the city staff report.
City staff proposing changes to several sections of city code
Staff discussed the ordinance with commissioners during their Aug. 17 work session and the proposed ordinance will update the current city code to comply with the new state laws.
Before the law changes, local governments could prohibit the carrying on both unconcealed and concealed, permit or not, “to a public assembly, publicly owned building, park under its jurisdiction or school,” according to the staff report.
The state law has been changed to now only authorize restrictions on the carrying of unpermitted concealed weapons and unconcealed weapons; and the application of those restrictions only in a publicly owned and occupied building.
The law change means local government can no longer impose carry restrictions at public assemblies, parks or schools.
County approves changes to weapons ordinance, effective in 30 days
There is federal law and local school board policy prohibiting weapons, specifically, firearms in schools, according to Tom Moore, superintendent of Great Falls Public Schools.
The proposed ordinance allows the city to prohibit the carrying of concealed weapons by a valid permit holder in a secure area of a law enforcement facility owned and operated by the city and within a courtroom or an area of a courthouse in use by court personnel.
The proposed ordinance implements the state law language that authorizes the city to prohibit weapons, including permitted concealed carry, in secure areas of law enforcement facilities. The restrictions in a courtroom and courthouse areas must be imposed pursuant to an order of a judge, and Judge Steve Bolstad has already issued a Standing Order to that effect for the Civic Center, according to the staff report.
The proposed ordinance also adds language to authorize the city manager to direct and implement screening measures and authorize the denial of entry to city facilities by those not legally authorized to carry a weapon in city facilities. The new language also includes the former statutory exceptions to concealed carry restrictions in certain
locations by law enforcement officials, according to the staff report.
