| Regular City Commission Meeting | Mayor Randy Gray presiding |
CALL TO ORDER: 7:00 PM
ROLL CALL: City Commissioners present: Randy Gray, Bill Beecher, Sandy Hinz, Diane Jovick-Kuntz and John Rosenbaum. Also present were the City Manager, Acting City Attorney, Directors of Community Development, Fairgrounds, Budget/MIS, Fiscal Services, Park and Recreation, Public Works, Police Chief, Fire Chief, Planning, and the City Clerk.
Mayor Gray read proclamations pertaining to Fair Housing Month and "Kick Butts" day.
PUBLIC HEARINGS |
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Res. 9071, Annexing Flying J Travel Plaza Addition. Adopted. |
1.
RESOLUTION 9071, ANNEXATION AND IMPROVEMENTS AGREEMENT, UTILITY EASEMENTS, AND FINDINGS OF FACT FOR FLYING J TRAVEL PLAZA ADDITION.
Neil Consultants, the engineering firm representing the developers of the planned Flying J Travel Plaza atop Gore Hill submitted petitions to the Planning Office regarding:
Flying J owns 140 acres located southeast of the Airport exchange. Flying J would like to subdivide approximately 15 acres into two lots and road right-of-way and annex the same to the City. Proposed Lot 1 would accommodate a 14,825 square foot building housing a convenience store, restaurant and casino and separate fueling facilities for passenger vehicles and over-the-road trucks. Proposed Lot 2 is an intended site for a 60-80 unit motel. During a meeting held by the Planning Board on October 26, 1999, a public hearing was held on the project. The Planning Board adopted a motion recommending that the governing bodies approve the Minor Plat of Flying J Travel Plaza Addition and the accompanying findings of fact; and that the City Commission annex the area within the Minor Plat applying a zoning classification of "GC" General Commercial, "D" Area District subject to numerous conditions which are expected to be fulfilled prior to the public hearing on April 4, 2000. Mayor Gray declared the public hearing open on both Resolution 9071 and Ordinance 2768. Tanya Girouard, Flying J spokes-person, spoke in support of the annexation and the zoning request. Dale Sivuamki, 5800 35th Street SW, spoke in opposition to the Resolution and Ordinance. During his testimony, he asked if a traffic study had been done and if the road would be widened; if anyone had done a noise analysis; if there would be controlled ingress and egress to the truck stop; if Flying J would help in alleviating the litter problem in the area; and if anyone considered that the storm water detention pond would be a breeding ground for mosquitos. Mayor Gray directed staff and Ms. Girouard to respond to the questions. Traffic Study: A traffic analysis had been completed and the road would be widened to provide for two wide driving lanes and a center turn lane. Noise Analysis: It was noted that with the high air movement in the area noise would probably not be a problem. However, Flying J has had a noise analysis done on many of their truck stops. Ms. Girouard stated that on truck stops providing for more than double what this proposed stop would be and given the worst possible conditions such as every truck running and absolutely no air movement, only those structures within 250 feet would hear the noise and smell any odor caused by the truck traffic. Controlled ingress and egress: Flying J will be required to install curb and gutter thus limiting the areas where trucks could enter and exit the business. The Pop Inn on the other side of the road does not have any curb or gutter and entry and exit into the business is uncontrolled. Litter Control: Ms. Girouard noted that Flying J management requires that their operation be clean so within the immediate area the trash would be picked up and controlled. However, she could not speak to the litter flying around due to the wind. Storm Detention area: Dave Dobbs, city engineer, stated that this pond will be approximately 3 feet deep and heavily landscaped. He added that this type of pond was designed to retain water during storm only until the water could naturally seep into the ground. He stated that because the water would not be in the detention area for long, mosquitos would probably not have an opportunity to breed in that area. There being no one further to address the Commission, Mayor Gray closed the public hearing. Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9071 and approve the Minor Plat, annexation and improvements agreement, utility easements, and Findings of Fact, all related to Flying J. Travel Plaza Addition. Commissioner Beecher stated that this would be a positive addition to Great Falls that would compliment the activity already ocurring in the area. Motion carried 5-0. |
Ord. 2768, Establish Zoning for Flying J Travel Plaza Add. Adopted. |
2.
ORDINANCE 2768, ESTABLISH ZONING FOR FLYING J TRAVEL PLAZA ADDITION.
Ordinance 2768 assigns a zoning classification of "GC" General Commercial, "D" Area District, to Flying J Travel Plaza Addition, upon annexation of same to the City. Subject addition is located southeast of the Airport exchange atop Gore Hill. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Ordinance 2768. Motion carried 5-0. |
Res. 9072, Annexing Skyline Park Add Phase 5. Adopted. |
3.
RESOLUTION 9072, ANNEXING SKYLINE PARK ADDITION PHASE 5.
In October 1998, the City and County Commissions conditionally approved the amended preliminary plat of Skyline Park Addition, a single family residential subdivision located north of 33rd Avenue Northeast between Skyline Park and Skyline School. Phase 1 through 4 of the subdivision, encompassing 46 lots, have been annexed and developed. The developer and property owner, Jim Workman, would like to final plat and annex Phase 5, consisting of 17 lots along the westerly extensions of 35th and 36th Avenues Northeast. Mayor Gray declared the public hearing open on both Resolution 9072 and Ordinance 2767. No one appeared to address the Commission on either the Resolution or Ordinance. Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission adopt Resolution 9072 and approve the final plat of Skyline Park Addition, Phase 5, and the accompanying annexation and improvements agreement. Motion carried 5-0. |
Ord. 2767, Establish Zoning for Skyline Park Add. Phase 5. Adopted. |
4.
ORDINANCE 2767, ESTABLISH ZONING UPON SKYLINE PARK ADDITION, PHASE 5.
Ordinance 2767 assigns a zoning classification of "A" Residence Use, "A" Area District, to Skyline Park Addition, Phase 5, upon annexation of the same to the City. The subject property is located north of 33rd Avenue Northeast between Skyline Park and Skyline School. Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Ordinance 2767. Motion carried 5-0. |
Res. 9075, Relating to American Ethanol Tax Increment Industrial Infrastructure District. Adopted. |
5.
RESOLUTION 9075, RELATING TO AMERICAN ETHANOL TAX INCREMENT INDUSTRIAL INFRASTRUCTURE DISTRICT; MAKING PRELIMINARY FINDINGS AND DETERMINATIONS REGARDING THE AGRI-TECHNOLOGY CORPORATION PROJECT AS REVISED AND THE ISSUANCE OF TAX INCREMENT INDUSTRIAL INFRASTRUCTURE BONDS TO PROVIDE INDUSTRIAL INFRASTRUCTURE IMPROVEMENTS AND CONDUCT A PUBLIC HEARING THEREON TO PROVIDE INDUSTRIAL INFRASTRUCTURE IMPROVEMENTS.
Resolution 9075 recaps previous activity taken by the City Commission in regards to approving the financing of tax increment eligible portions of the proposed ethanol production facility in Great Falls. The entire project has expanded in terms of the size of the facility from a 30-million gallon guaranteed capacity to 75-million gallon guaranteed capacity plant. This resolution also establishes, for the record, the change in the name of the corporation from American Agri-Technology to Agri-Technology, a Montana Corporation. The public hearing creates a forum in which the City Commission can receive public comment regarding the proposed project. In addition, there are certain conditions and disclosures that must be satisfied prior to final debt issuance approval by the City Commission. The Commission can anticipate future action in which legal documents between the City and other involved parties providing for the sale, use, and payment of bond debt will be presented. Agri-Technology, a Montana Corporation, with its principal office in Great Falls, requested the issuance of up to $36,000,000 in Tax Increment Bonds. Funds will be used for the purposes of paying costs of designing and constructing certain industrial infrastructure improvements and related costs in conjunction with the construction of an ethanol and gluten production facility at an estimated total cost of $281,542,000. The tax increment debt issue will finance public improvements such as railroad trackage; water and sewer mains; relocation of overhead power lines, electrical substation and switchyard; lighting; gas, sanitary sewer, fire water, process water, and potable water lines; engineering; and site grading. The tax increment debt is proposed to be issued for twenty-five years. Payment of this debt is not a general obligation debt of the City. Debt is payable solely from the tax increments collected from the project and the incremental taxes generated from the facility. City Manager John Lawton listed the benefits to the community if the ethanol plant were built. They included: 1) up to $2 million of improvements will be added to the tax base; 2) there will be 75-100 well paying jobs added; 3) there will be a new local market for up to 10% of Montana wheat; and 4) there will be a new industry that has spin-off industries. Mr. Lawton explained that the commitments asked of the City in order to realize these community benefits were to provide limited obligation tax increment bonds; a contribution towards the water line which was consistent with the City oversizing policy; and engineering and inspection work which are paid for through permits and fees. Mr. Lawton continued explaining that there would not be an impact on the Missouri River and that the City had the capacity at both the water treatment and the waste water treatment plants to accommodate the needs of the ethanol operation. City Controller Coleen Balzarini reviewed the specific elements of the Resolution before the Commission. Mayor Gray opened the public hearing. Those speaking in support of Resolution 9075 were as follows: Dan Heustis, 2901 4th Avenue North; Gerry Jennings, 317 Fox Drive; Mike Labriola, Great Falls Area Chamber of Commerce; Randy Johnson, 904 25th Avenue SW; Chuck Merja, Sun River; Art Lorendorf (sp), 603 16th Avenue NW; Rickey Linkfelter, 401 17th Street; Doug Wicks, 2127 4th Avenue South; Dave Brown, Source Giant Springs; and Terry Pehan, 1128 28th Avenue SW. Those speaking in opposition to Resolution 9075 were as follows: George Ingler, 2412 5th Avenue South and Stuart Lewin, 615 3rd Avenue North. There being no one further to address the City Commission, Mayor Gray closed the public hearing. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9075. City Manager John Lawton responded to a comment made during the public hearing that the Commission should not authorize the sale of bonds until an Environmental Impact Statement (EIS) was completed. He reminded the audience that the City was not the agency responsible for EISs and that there were other levels of checks and balances throughout the state and federal government to ensure that the necessary environmental studies were done. There was a brief discussion following the City Manager's comments. Commissioner Beecher stated that Mr. Pehan's and Mr. Wicks' testimonies were key to him. He explained that Mr. Pehan had worked at Malmstrom Air Force Base for many years. He added that the Base supported an ethanol plant as their neighbor and Base personnel do not look at things casually. If the ethanol plant was going to make a negative impact on the Base, they would have spoken up years ago. Secondly, Mr. Wicks, who has been the key component in the development of River's Edge Trail, spoke in support of the ethanol plant and that he would not have supported it if the plant would have had a detrimental effect on the Trail or the Missouri River. Commissioner Rosenbaum stated that the ethanol plant would provide new high-paying jobs, was a value-added industry and would be a positive addition to the City. Mayor Gray stated that this project had been researched for over 10 years and that Malmstrom had not mentioned any concerns regarding it being their neighbor. He explained that this was an opportunity to create a market for one of the areas largest products - wheat. He responded to a question asked during the public hearing pertaining to why the plant could not be located in a smaller town outside of Great Falls. Mr. Gray stated that the smaller towns do not have the necessary water and sewer, infrastructure, needed by the plant. Great Falls not only had the necessary infrastructure, but it would be beneficial to the City's water and sewer systems to use more of their capacity. There being no further discussion, Mayor Gray called for the vote. Motion carried 5-0. |
NEW BUSINESS |
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Municipal Court Compliance Monitoring Agreement. Approved. |
6.
MUNICIPAL COURT COMPLIANCE MONITOR AGREEMENT.
The Municipal Court and the City Attorney's office required assistance to ensure compliance with the terms and conditions of deferred prosecution agreements for minors charged with MIP-T and MIP-A and related court orders. Great Falls Pre-Release Services currently coordinates all community service referrals from all sentencing agencies and agreed to extend services to ensure compliance with the terms and conditions of deferred prosecution agreements with minors and related court orders. Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission approve and authorize execution of the Municipal Court Compliance Monitor Agreement. Al Recke, Pre-Release Center, thanked the Commission for considering this proposal. Motion carried 5-0. |
OF 1269, Contract Amendment 1, Beach Break Flowrider. Approved. |
19.
CONTRACT AMENDMENT 1, BEACH BREAK FLOW RIDER (OF 1269).
A contract amendment with Wave Lock for specialized design services in the amount of $36,500 for the Beach Break Flow Rider water attraction. Park and Recreation Director Jerry Sepich provided a brief update on the project and announced that the Electric City Wave was expected to open in June 2001. Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission approve the agreement in the amount of $36,500 with Wave Loch for specialized design services for the Beach Break Flow Rider Water Attraction, and authorize the City Manager to sign the amendment. Motion carried 5-0. |
OF 1174. 3, Contract Bid Award, 2000 Sewer Rehabilitation Program Phase 8. Approved. |
20.
CONTRACT BID AWARD, 2000 SEWER REHABILITATION PROGRAM, PHASE 8 (OF 1174.3).
A contract to Planned & Engineered Construction in the amount of $878,641. Public Works Director Jim Rearden explained how trenchless technology works and the economic impact it has had on the sewer rehabilitation program. Mr. Rearden explained that it now costs approximately $30 per foot to replace compared to $100 per foot using the conventional dig and replace method. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission award a contract in the amount of $878,641 to Planned & Engineered Construction Inc., for the 2000 Sewer Rehabilitation Program, Phase 8, and authorize the City Manager to execute the contract. Motion carried 5-0. |
ORDINANCES/RESOLUTIONS |
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Res. 9070, SIDs, Annual Analysis. Adopted. |
7.
RESOLUTION 9070, ANNUAL SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND ANALYSIS.
Analysis of the Special Improvement District Revolving Fund and Subsidiary Debt Service Funds showed that eight SIDs were completed and ready for closure to the SID Revolving Fund, that two of the subsidiary funds required prior year loan write-offs, and that one SID subsidiary fund had cash available to partially repay a loan from the SID Revolving Fund. The projected June 30, 2000, SID Revolving Fund balance would be $524,251. This was $398,276 above the minimum balance required by State Statute, and $95,139 below the amount allowed by IRS Arbitrage Standards related to maximum debt service reserves. Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9070. Motion carried 5-0. |
Res. 9074, Authorization to Negotiate a Land Purchase for park land. Adopted. |
8.
RESOLUTION 9074, AUTHORIZES THE NEGOTIATION AND PURCHASE OF PARK LAND (T20N R4E SECTION 3).
Resolution 9074 authorizes staff to negotiate a partnership with Malmstrom Air Force Base to purchase an 11.29 acre parcel located at 10th Avenue North and 57th Street. The City purchase would involve a minimum of two and a maximum of four acres to be used as park land. The land appraised at $10,500 an acre. The Staff recommendation was based on: (1) The parcel would allow for the development of five soccer fields. An additional two fields could be located on adjacent property located at Loy School; (2) If property was secured for a larger soccer complex, this property could continue to be used for soccer practices and games, thus reducing the impact on existing parks; (3) Malmstrom future plans include locating the main gate on 10th Avenue North. This purchase would help ensure an appropriate, compatible and aesthetically pleasing environment at this location. The development of soccer fields would also address security issues for Malmstrom. Commissioner Beecher moved, seconded by Commissioner Jovick-Kuntz, that the City Commission adopt Resolution 9074. Motion carried 5-0. |
Res. 9073, Intent to Annex Berkner Heights Add., Phase 6. Adopted. |
9.
RESOLUTION 9073, INTENT OT ANNEX BERKNER HEIGHTS ADDITION, PHASE 6.
In November 1996, the City and County Commissions conditionally approved the preliminary plat of Prairie Ridge Addition. The proposed Prairie Ridge addition consists of 52 single family residential lots located immediately east of Christianson Addition along the extensions of 13th and 14th Avenues South. In December 1999 the governing bodies extended the conditional approval of the preliminary plat until November 2000. The developer of the subdivision, C&W Development, now wanted to proceed with finalizing the platting and annexation of the first phase, which consisted of four residential lots along the easterly extensions of 14th Avenue South. The proposed name of Prairie Ridge Addition has been replaced with Berkner Heights Addition with the four lot addition constituting Phase 6. The Planning Board, at its meeting held March 14, 2000, recommended approval of the final plat of Berkner Heights Addition Phase 6, and annexation of the area subject to the following conditions: the applicant execute an annexation agreement; all applicable fees and charges paid; any errors or omissions on the final plat noted by staff be corrected; and final engineering documents for required public improvements to serve the subdivision be approved. Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission adopt Resolution 9073 expressing an intent to annex Berkner Heights Addition, Phase 6, and setting a public hearing on the annexation for May 2, 2000, at 6:00 p.m. Motion carried 5-0. |
Ord. 2722, Berkner Heights Add, Phase 6, Zoning. Set public hearing. |
10.
ORDINANCE 2722, ESTABLISH CITY ZONING UPON BERKNER HEIGHTS ADDITION, PHASE 6.
Ordinance 2772 assigns a zoning classification on "A" Residence Use, "A" Area District to Berkner Heights Addition, Phase 6. The four lot subdivision is located along the easterly extension of 14th Avenue South between 39th Street South and the projected 41st Street South. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission accept Ordinance 2772 on first reading and set a hearing for 6:00 p.m., May 2, 2000, to consider adoption of Ordinance 2772. Motion carried 5-0. |
Ord. 2771, Rezone GF 3rd Add., B88, L12-14. Set public hearing. |
11.
ORDINANCE 2771, REZONE GF 3RD ADD BLOCK 88, LOTS 12-14.
If adopted on final reading, Ordinance 2771 will rezone the a Pik and Pump Convenience Store located at 1507 8th Avenue North from "LB" Local Business District to "GC" General Commercial District. The rezoning would allow the owner to convert the existing store to a casino. Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2771 on first reading and set the final reading and public hearing date for 6:00 p.m., May 2, 2000. Commissioner Jovick-Kuntz stated she would abstain due to a conflict of interest. Motion carried 4-0-1 (Commissioner Jovick-Kuntz abstaining). |
Consent Agenda, |
CONSENT AGENDA
12.
Minutes, March 21, 2000, Commission meeting.
13.
Total Expenditures of $733,707 for the period of March 9-22, 2000, to include claims over $500, in the amount of $675,576.
14.
15.
Historic 10th Street Bridge Project (OF 979). Expenditure List for use of funds held in trust by the City, no local taxpayer funds included.
16.
Use of Theatre, October 17, 2000, and November 21, 2000. Adjusted the time of the regular Commission meetings from 7:00 p.m. to 6:00 p.m.
17.
Bid Award, Pond Liners, RO Speck Golf Course (OF 906). Awarded bid for RO Speck pond liners to Colorado Lining International in the amount of $63,480.
18.
Contract Award, RO Speck Tee Markers. Awarded contract for tee marker signs at RO Speck Golf Course to Golf Associates Scorecard Company at no cost to the City.
19.
Moved to New Business.
20.
Moved to New Business.
21.
Bid Award, Liquid Aluminum Sulfate for the Water Treatment Plant. Awarded the bid to Thatcher Company in the amount of $169 per dry ton.
22.
Bid Award, Liquid Chlorine for the Water Treatment Plant. Awarded the bid to DPC Industries in the amount of $363 per ton.
23.
Bid Award, Anhydrous Ammonia for the Water Treatment Plant. Awarded the bid to DPC Industries in the amount of $60.25 per cylinder.
24.
Installment Loan Contract, Montana ExpoPark and the Civic Center Ticketing System. An installment loan contract with Norwest Investment Services, Inc. for the computerized ticketing system in the amount of $100,000.
Commissioner Hinz moved, seconded by Commissioner Beecher, that the City Commission accept the Consent Agenda as printed minus item 24. Motion carried 5-0. |
Loan, for Ticketing System for State Fair and Civic Center with Norwest Investment Services. Approved. |
24.
Installment Loan Contract, Montana ExpoPark and the Civic Center Ticketing System.
An installment loan contract with Norwest Investment Services, Inc. for the computerized ticketing system in the amount of $100,000. Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission approve the $100,000 installment loan contract with Norwest Investment Services, Inc., for Montana ExpoPark and Civic Center computerized ticketing system and authorize the City Manager to execute the necessary documents. Commissioner Beecher stated he would abstain due to a perceived conflict of interest. Motion carried 4-0-1 (Commissioner Beecher abstaining). |
BOARDS/COMMISSIONS |
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Parking Advisory Commission, appoint Dritshulas. |
25.
APPOINTMENT, PARKING ADVISORY COMMISSION.
The term of Gary Knutson expired on March 31, 2000. Mr. Knutson had served on the Parking Advisory Commission for two terms and was not eligible for reappointment. Commissioner Jovick-Kuntz moved, seconded by Commissioner Beecher, that the City Commission appoint Jane Dritshulas to the Parking Commission for a three year term beginning April 4, 2000 and expiring on April 30, 2003. Motion carried 5-0. |
ADJOURNMENT |
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Adjourn |
There being no further business to come before the Commission, the regular meeting of April 4, 2000, adjourned at 9:44 p.m. |
/S/
Mayor Randall H. Gray
/S/
Peggy J. Bourne, City Clerk