At many recent Polson City Commission meetings, the new weight requirements for temporary tents, such as those used by craft and farmers market vendors, have been a point of discussion. During the most recent commission meeting on Monday, May 4, the commission rejected the requirement issued by the new fire chief and set its own by resolution.  

Fire Chief Kevin Straub created a requirement that each tent leg carry a 40-pound weight, along with new spacing requirements between tents for special events that require a city permit. This would include the temporary tents utilized at the Polson Farmers Market and Flathead Cherry Festival.  

When the regulation received public and commissioner pushback, the commission requested that the city place a resolution to lower the weight on the agenda, and during the most recent meeting, the resolution passed for a temporary requirement of 25 pounds per leg.  

While the commission did not request a specific weight for this resolution, Commissioner Carolyn Pardini asked whether using “secure” would work and be legally sufficient. However, city attorney Dave Michie said that he believes “secure” is too vague and unenforceable.  

Straub told the commission that this regulation is not a new idea, and said he spoke to the Cherry Festival about a weight requirement three years ago. He added that he cannot support a 25-pound weight requirement because it would raise the “danger level even higher.”  

Straub explained that the lighter weights would take off with the tent in the event of a microburst. He said in 2014, there was a wind event that flipped some tents at the festival, and the windspeed that day was 15 miles per hour. When he arrived at last Monday night’s meeting, it was 14 miles per hour with 22 miles per hour gusts, and “that’s scary,” he added.   

“I’m just trying to keep our public safe,” Straub said.  

Further questions were raised about what the weight should be set at, since the city previously stated that 40 pounds per leg was a manufacturer's recommendation.  

Cherry Festival organizer Carol Lynn Lapotka explained that the weights can vary widely among manufacturers, and most require no weight. Commissioner Jen Ruggless added that some weight requirements can be heavy, but from her research, she learned, “if it’s a flapping, get her down,” because the wind will take the tent regardless of weight. 

Commissioner Tracie McDonald, who is also a farmers market vendor, added that they have camp criers, watching the weather and keeping everyone apprised of the conditions.  

Lapotka explained that, based on her research, this requirement appears cherry-picked. However, City Manager Ed Meece said that the staff did not cherry-pick the “manufacturing standards.” Meece added that the largest concern is possible city liability if the weight is set too low.  

Meece said that a vendor's tent that causes possible injury, death or damage will make the vendor and likely the city liable. Michie added that in a lawsuit, a person or entity tries to name as many parties as possible, and in this case, the city would receive some of that liability.  

Mayor Laura Dever added that this is an issue of public safety and comes from the good intentions of Chief Straub. She added that this is only a temporary resolution and can be overturned.  

“My feeling is we try this for a year and see how it goes,” Dever said. “We can make changes at any time we choose.” 

The resolution passed with all other commissioners' votes except for McDonald, who recused herself as a market vendor.  

City manager comment  

During the city manager's comment, Pardini brought forward an issue raised by citizens regarding a Special Improvement District account with $39,000 of taxpayer funds from the Tax Increment Financing district.  

Meece confirmed that he is aware it exists and that he has conferred with the finance director, Jodi O'Sullivan. He explained that they haven’t moved forward with any refund because they are unsure why there is a surplus.  

Meece said the loan attached to that account was paid off within the last year, and that’s when the city learned there was surplus money.  

He said they haven’t done the research to determine why there are the extra funds, and it has not been at the top of the priority list since they learned there were surplus funds.  

In other agenda items, the commission approved a resolution affirming the appointment of the interim city manager and setting compensation by memorandum. 

During a special meeting last month, the commission selected Police Chief George Simpson as interim. The motion at the most recent meeting sets the extra duties, term length and early termination conditions by resolution. The commission unanimously approved the appointment of Simpson.  

The commission also approved a resolution to designate matching funds for the upcoming sewer utility project. This resolution stems from an April 20 public hearing the commission held, during which city engineer Zach Maassen presented grant opportunities.  

One of the grant opportunities was the Montana Coal Endowment Program, in which the one-to-one grant match was passed during the previous commission meeting. However, this resolution approved the grant match for a Montana Department of Natural Resources and Conservation grant.  

Both grants would be used to upgrade the connection of the Seventh Street East sewer lines near Highway 93, as well as to upgrade and replace the Riverside Park Life Station.