Planning Director Ben Rangel reported that a segment of Burlington Northern and Santa Fe Railroad right of way located along West Bank Park between 3rd Street Northwest and the Missouri River had never been annexed into the City. This particular right of way is contiguous to the City limits. As such, State statute allows the annexation of land, if the land is adjacent to the City, including any lands used for railroad purposes. This action will also address the Commission’s interest to annex unincorporated enclaves into the City.

On July 17th, the Commission set public hearing for this evening. After conducting a joint public hearing, Mr. Rangel requested the Commission adopt Resolution 9674, which would annex the parcel and to adopt Ordinance 2975, which would assign zoning classifications of M-2 mixed-use transitional and I-1 light industrial.

The City Planning Board/Zoning Commission unanimously recommends Commission approval.

Mayor Stebbins declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9674 or Ordinance 2975. Mayor Stebbins declared the public hearing closed and asked for the direction of the City Commission

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9674.

Motion carried 5-0.

Commissioner Beecher moved, seconded by Commissioner Hinz, that the City Commission adopt Ordinance 2975.

Motion carried 5-0.

Fiscal Services Director Coleen Balzarini recommended that the City Commission approve the Long Term Power Supply Agreement with Electric City Power, Inc., and authorize the City Manager to execute the agreements. Ms. Balzarini explained that the reason for the request for approval is because HB 25 requires businesses and entities to make a decision prior to October 1st to continue with Northwestern Energy as their energy supplier, continue with their electricity supplier such as Electric City Power, or move off of Northwestern Energy and start getting their energy from an electricity supplier. The City offices and operations are currently being served by ECP and contracts are in place through 2011. Ms. Balzarini stated this new Agreement will reaffirm the existing contract and carry it through 2012 (five years for the short term). Ms. Balzarini stated approval of this contract also provides for a 30 year period that will take effect when Highwood Generating Station comes on line and will act as part of the security for the financing that will be used to construct the City’s portion of Highwood Generating Station.

Commissioner Beecher moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission approve the Electric City Power, Inc., Long Term Power Supply Agreements and authorize the City Manager to execute the agreements.

Commissioner Hinz inquired how much money ECP saved its contractual partners since it started supplying electricity.

Fiscal Services Director Coleen Balzarini answered the energy supply for two years was over 1.2 million in savings to all of the customers, including the City, and that figure does not take into account the average 15% savings the City has seen on the transmission side.

Commissioner Hinz stated that she has opposed the Highwood Generating Station, but supports the City’s public power, Electric City Power, and that by securing the long term contracts it will help ensure its success. Commissioner Hinz stated that it is her understanding that if Highwood Generating Station is not built, the City will have to go shopping for power. Commissioner Hinz stated that she sees this as a positive move.

Mayor Stebbins inquired if there was any comment from the public.

Larry Rezentes, 2208 1st Avenue North, stated that he opposes the Long Term Power Agreement between the City of Great Falls and Electric City Power. Mr. Rezentes read an article from the July 20th Great Falls Tribune.
Mr. Rezentes suggested the Commission disapprove and not go forward with further relationship lengthening the commitment of the City to Electric City Power.

Ken Thorton, 31 Paradise Lane, stated the Commission does not know the cost of this power. A 30 year contract is an incredible long time. Mr. Thornton referred to articles in the Wall Street Journal about problems with coal. He expressed the Commission has not done its homework, and his children will pay for the mistake.

Aart Doleman, 3016 Central Avenue, stated he is confused about the whole process. Mr. Doleman referred to a newspaper article about a representative of the City going to Helena and Missoula. Mr. Doleman stated that it is obvious that ECP is doing business and if the City owns ECP, why does it need to have a contract.

Stuart Lewin, 615 3rd Avenue North, stated he is opposed to the coal plant. Mr. Lewin stated the Commission has not allowed a vote of the people and has gone down a very expensive road. He stated this project looks backwards to him and inquired who wrote this contract. Mr. Lewin read an article written by Tom Powers regarding Missoula buying into the Great Falls coal plant.

Kathleen Gessaman, 1006 36th Avenue N.E., stated she hopes the Commission would vote against the Long Term Power Supply Agreement between the City of Great Falls and Electric City Power. Ms. Gessaman stated the power that will be purchased from ECP is 100% coal tagged. She stated she is looking out for the health of our children and citizens whose immune systems are at risk.

Ron Gessaman, 1006 36th Avenue N.E., stated he wanted to clarify points made with regard to the coal tax, and that Representative Dengleman of Michigan proposed a $100 a ton tax on Co2. That amount would more than double the cost of this power plant. Mr. Gessaman stated that Wall Street is taking this into account.

John Hubbard, 615 7th Avenue South, read a portion of an April 9, 2007, Tribune article.

Motion carried 4-1 (Hinz dissenting).

Planning Director Ben Rangel reported that property owner and developer, Tom Skovron, proposes to develop a 20 unit single family residential subdivision, titled Meadowlark Addition No. 5. The subdivision is located in southwest Great Falls and is more specifically located southwest of Grande Vista Park and immediately east of Flood Road.

Mr. Skovron’s overall proposal included the referenced subdivision, its annexation and the establishment of City zoning.

Mr. Rangel recommended the City Commission accept Ordinance 2979 on first reading and set public hearing for September 18, 2007, to consider assignment of City zoning, and approve the final plat, the subdivision and its annexation.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Rosenbaum and Hinz, that the City Commission accept Ordinance 2979 on first reading and set a public hearing for September 18, 2007, to consider adoption of Ordinance 2978.

Motion carried 5-0.

Planning Director Ben Rangel reported that Gene Thayer is the owner and developer of property located near the corner of Upper River Road and 40th Avenue South. Mr. Thayer proposes 20 single-family homes and 12 residential condominiums in an area being platted as Upper River Road Estates Subdivision, including an adjoining lot in Southridge First Addition and a portion of property described by Certificate of Survey.

Mr. Thayer is requesting to rezone the area from R-1 single-family suburban residential to PUD Planned unit development. The property was previously annexed into the City as a part of the Upper/Lower River Road Water and Sewer District, Phase 1 project.

Mr. Rangel recommended the City Commission accept Ordinance 2980 on first reading, and set a public hearing for September 18, 2007, to consider the rezoning request, and approve the subdivision and a development agreement.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2980 on first reading and set a public hearing for September 18, 2007, to consider adoption of Ordinance 2980.

Motion carried 5-0.

Planning Director Ben Rangel reported that the Great Falls Community Ice Foundation is the owner and developer of property being platted as Flying J Travel Plaza Addition, Phase II. The property is located on top of Gore Hill, just southeast of the Flying J Truck Stop, near the Interstate 15 interchange for the airport. The Ice Foundation is currently building an ice arena on the site. The Foundation’s overall proposal includes the referenced subdivision, its annexation and the establishment of City zoning.

Mr. Rangel recommended the City Commission accept Ordinance 2981 on first reading, and set a public hearing for September 18, 2007, to consider assignment of City zoning, and to approve the final plat of the subdivision and its annexation.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2981 on first reading and set a public hearing for September 18, 2007, to consider adoption of Ordinance 2981.

Commissioner Rosenbaum announced that, after a tour of the facility, it is nice to see it moving along for the youth and adults of the community.

Mayor Stebbins added that it is nice that today’s kids will have the same advantages and practice area that yesterday’s kids had. She commended the members of the ice foundation.

Motion carried 5-0.

City Manager John Lawton reported that, because of the increasing growth in the recent past, the City is receiving increasing numbers of requests for annexation and utility projects from residential subdivisions and commercial properties. Unique or exceptional circumstances where such development may not be conducive to immediate annexation, deems it necessary to amend 13.02.070 (C), OCCGF, to permit such extension of City utility services beyond City limits conditioned upon the developer/land owner agreeing to fifteen criteria inclusive of written consent to annexation on the City's initiative; and, payment for the costs of such extension, service fees and fees in lieu of taxes; and, agreeing to be bound by the rules and regulations of the City's utility system.

Ordinances in Billings, Missoula, Bozeman and Helena have permitted the extension of their utility services beyond their city limits based on certain criteria agreed to in writing by a developer/land owner. Likewise, the City of Great Falls is experiencing increased growth with more industrial requests for utility services beyond City limits that may not be conducive to immediate annexation.

State Statutes authorize a city to establish and operate utility services also authorize cities to furnish such water and sewer services to "any person, factory or other industry located outside the corporate limits of the city."

The City is simply catching up with State code and what other communities in growth mode are doing.

Mr. Lawton recommended the City Commission accept Ordinance 2972 on first reading and set a public hearing for September 4, 2007.

Commissioner Beecher moved, seconded by Commissioner Rosenbaum, that the City Commission accept Ordinance 2972 on first reading and set a public hearing for September 4, 2007, to consider adoption of Ordinance 2972.

Commissioner Rosenbaum commented that the easement part of the 15 conditions may not be defined well enough.

Mayor Stebbins inquired if there was any comment from the public.

Aart Doleman, 3016 Central Avenue, stated he is puzzled as to whether this is in cooperation with the Cascade County Commissioners and the growth policy.

Larry Rezentes, 2208 1st Avenue North, asked how this relates to the Highwood Generating facility.

Mayor Stebbins answered she would get an answer to his comment.

Stuart Lewin, 615 3rd Avenue North, stated he is concerned that the City and County have not been working together with a common growth policy plan.

Brett Doney, 3048 Delmar Drive, stated that some of the points raised are good. The 15 points that we have to work out means the City has to carefully look at things. Mr. Doney compared this to the large area by the Malt Plant that the Great Falls Development Authority is looking at for an industrial park. The Great Falls Development Authority has had meetings with City and County officials, folks from the Department of Transportation, and different State and Federal agencies. He opined that this could be a model of how this could work. Mr. Doney expressed that the City is growing outward. The Great Falls Development Authority started a Downtown Revitalization effort, and he opined that the City needs to look at how it can facilitate more development inward.

Motion carried 5-0.

Fiscal Services Director Coleen Balzarini reported that this process is typically done once a year. The City is realigning when it sends this to the County for the assessment. Ms. Balzarini stated that this assessment is for weeds cut by City staff from January, 2006, through June 30, 2007. There were 3,660 notices sent out to property owners to take care of their weed violations. Of those, the City crews had to cut 66. Of those, 33 property owners opted not to pay. Ms. Balzarini requested the Commission approve this lien on the nuisance weeds to be sent to the County for further collection process.

Commissioner Rosenbaum moved, seconded by Commissioner Beecher, that the City Commission adopt Resolution 9633.

Motion carried 5-0.

Fiscal Services Budget Officer Melissa Kinzler reported this is the last step of the fiscal year 2008 budget process. The City received the taxable valuation for the City of Great Falls from the Department of Revenue. Accordingly, the City can now compute and set its annual mill levy.

The proposed mill levy is 158.21 mills, which provides for the same revenue levied in the previous year plus inflation, newly taxable property, swim pool bonds and a minor increase for health insurance.

The public hearing on our Intent to Increase Property Taxes by 4.63% was held on July 3, 2007, in accordance with § 15-10-203, MCA.

Ms. Kinzler recommended the City Commission adopt Resolution 9663 to fix the annual tax levy.

Commissioner Hinz moved, seconded by Commissioners Beecher and Rosenbaum, that the City Commission adopt Resolution 9663.

Mayor Stebbins inquired if there was any comment from the public.

Ron Gessaman, 1006 36th Avenue N.E., stated that at the last commission meeting he commented on how the City’s budget had risen nearly twice the consumer price index rate indicating to him that the City has not been fiscally responsible. Mr. Gessaman read a portion of a Helena newspaper article.

Motion carried 5-0.

Fiscal Services Director Coleen Balzarini reported that on July 3, 2007, the Commission approved the work plan and proposed budget for the Business Improvement District after a public hearing was conducted. Ms. Balzarini recommended the Commission approve the assessment that will be levied against those properties within the Business Improvement District that they have voluntarily committed to have levied against themselves. The amount is $163,000.

Commissioner Jovick-Kuntz moved, seconded by Commissioners Beecher and Hinz, that the City Commission adopt Resolution 9663.

Motion carried 5-0.

Commissioner Hinz moved, seconded by Commissioners Jovick-Kuntz and Rosenbaum, that the City Commission reappoint Sandra C. Erickson to a three year term expiring March 31, 2010, to the Advisory Commission on International Relationships.

Mayor Stebbins stated that she attended a function with Sandra and it was beautifully handled, and that she does a great job facilitating that commission.

Motion carried 5-0.

Mayor Stebbins opened the meeting to Petitions and Communications.

There being no further business to come before the Commission, Commissioner Beecher moved, seconded by Commissioner Rosenbaum that the regular meeting of August 21, 2007, be adjourned at 9:05 p.m.

Motion carried 5-0.