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Agenda for Regular City Council Meeting

**ATTENTION**
The City Council meeting will be held in a hybrid format that includes both in-person AND Zoom. Councilmembers may choose to attend the meeting virtually or in person at the  Royal Johnson Community Room at the Billings Public Library, 510 N. Broadway. In order to honor the Right of Participation and the Right to Know in Article II, sections 8 and 9, of the Montana Constitution, the City of Billings and City Council are making every effort to meet the requirements of the open meeting laws.

Citizens are invited to:
  • Review the Agenda Packet on the City's website at: www.billingsmt.gov and click on "Your Government," "City Council," and "Agendas & Minutes".
  • View the meeting:
    • On Community 7 TV - Channel 7 or Channel 507 – Spectrum Cable. (On evenings when there is a conflict with School District No. 2 Board meetings, the City Council meeting will be broadcast on Channel 8 - Spectrum Cable.)
    • Online at www.comm7tv.com and click on the "Watch Live" icon. Community 7 also has links to their Facebook page and YouTube channel. 
    • On the City's website at www.billingsmt.gov and click on "Watch Meetings Online" on the homepage.
    • In-Person – capacity is limited to approximately 15 spectators with overflow available in the lobby. Mask and social distancing requirements will be enforced.
Citizens may submit public comment via the following methods:
  • Mail: City Clerk, P.O. Box 1178, Billings, MT 59103
  • Email:  Council@billingsmt.gov.
    • Emails received after 3:00 PM on the day of the meeting, may be posted on the Council's webpage the following day for public viewing.
  • Attend the meeting in person - capacity is limited to approximately 15 spectators with overflow available in the lobby. Mask and social distancing requirements will be enforced. Speakers may be asked to exit after speaking to comply with social distancing protocols.
  • Attend the meeting virtually by registering at Zoom.us and "join a meeting", enter the Webinar ID and Passcode indicated below. Click on Zoom Meeting Instructions  and Zoom Hybrid Meeting Details below for more information. Attendees are asked to register by Noon the day of the meeting. After registering, a link into the meeting will be sent to the attendee. The link will allow you to attend, view and participate in the meeting on your computer, laptop or smart phone. (You must have the Zoom App on your device Click Here to Download Zoom App ) To provide public comment at the appropriate time, click on the "raise hand" icon located at the bottom of the screen and the moderator will unmute your device.
o Don't have a smart phone, computer or laptop? That's okay — you can attend a Zoom meeting using your landline phone. Call the Zoom phone number, 1.253.215.8782 to join the meeting and follow the operator's instructions. Want to give public comment? Simply "raise your hand" by pressing *9 and the moderator will give you permission to speak when it is your turn. *Note this is a long distance toll number and charges may apply depending on your plan.

Webinar ID: 817 0102 5423
Passcode: 602565
Or join by phone: US: +1-253-215-8782


Please contact Denise Bohlman, City Clerk, at bohlmand@billingsmt.gov, or at 406.657.8205, with any questions.

 


 
VISION STATEMENT:
"The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds."
 
 
  CITY COUNCIL
REGULAR BUSINESS MEETING
   
         AGENDA                                                                        
Billings Public Library and remotely
via Zoom. Please see coversheet
for details and instructions for
viewing and participation.
      April 12, 2021                          5:30 P.M.
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Choriki
 
ROLL CALL: Councilmembers present on roll call were: Shaw,  Yakawich, Neese,  Ewalt,  Joy,  Choriki, Purinton, Ronning,  Boyett, Brown
 
COVID-19 Update by Joint Information Center - Melanie Schwarz, BSED
 
MINUTES: March 22, 2021
 
COURTESIES:
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 2 and 6 ONLY. Speaker identification required. (Comments are limited to three (3) minutes or as set by the Mayor. Comments on items listed as public hearing items will be heard ONLY during the designated public hearing time for each respective item. For items not on this agenda, public comment will be taken at the end of the agenda. Public comments during the meeting may be made in-person or remotely by registering as an attendee through Zoom as outlined in the Agenda coversheet.)
 
1.
CONSENT AGENDA -- Separations:
 
A.
Mayor Cole recommends that Council confirm the following appointments:
 
1.
  Name Board/Commission Term
      Begins Ends
1 Jennifer Smith Library Board 04/12/21 12/31/21
2 No Applications Billings Parking Board 04/12/21 12/31/22
 *1 Unexpired term of Jennifer Quinn
 *2 Unexpired term of Kevin Heaney
 
 
B.
Bid Awards:
 
1.
Fire Station No. 4 Roof Replacement Project. (Opened 3/9/2021) Recommend C&C Construction of Northwest Florida, LLC; $78,404.
 
2.
Fire Station No. 4 Siding Replacement Project. (Opened 3/9/2021) Recommend T.W. Clark Construction, LLC; $114,000.
 
3.
Waterborne Traffic Paint. (Opened 3/23/21) Recommend Allstates Coatings Company; maximum annual amount for 3-year agreement; $150,000.
 
C.
Agreement with Yellowstone County Sheriff's Department to provide Public Safety FY 2022 data processing services; annual revenue $150,710.
 
D.
Right of Way Agreement with Phillips 66 for cathodic protection system.
 
E.
Professional Services Agreement for Access Control Upgrade at Billings Operations Center with Knine All Systems, Inc.; $120,759.41.
 
F.
Professional Services Agreement for Computerized Maintenance Management Systems with eXpress, LLC (FMX); $9,720 first year; $6,480 subsequent years.
 
G.
Professional Services Agreement for Firearms/Use of Force Simulator with VirTra; $199,222.38.
 
H.
Equipment Purchase for W.O. 21-99: Annual City-Wide Traffic Signal Controller Upgrade with Altitude Signal, LLC; $252,481.25.
 
I.
Equipment Purchase of Body Cameras, Servers and Related Equipment from Watchguard; $195,153.
 
J.
Limited Commercial Aviation Building and Ground Lease 5-year renewal with Billings Clinic, revenue first year $29,859; revenue subsequent years adjusted by CPI-U.
 
K.
Preliminary Subsequent Minor Plat of Legacy Subdivision, located on the northwest corner of Dovetail Avenue and 52nd Street West; Legacy, LLC, owner; WWC Engineering, agent. * Quasi-Judicial

* Quasi-Judicial Caution must be exercised concerning any potential ex parte communications with interested parties. This policy-making body may exercise approval or other adjudication authority which is "judicial" because it directly affects the legal rights of a person.
 
L.
Resolution to ratify Annexation 20-05B.
 
M.
Resolution for distribution of Bridge and Road Safety and Accountability (BaRSAA) program funds.
 
N.
Resolution of Intent to create SID 1417, Elysian Road, and set a public hearing for May 10, 2021.
 
O.
Second/Final Reading Ordinance for Zone Change 989: a zone change from EBURD-Central Works to EBURD-Industrial Sanctuary located at 5 North 16th Street. J & S Properties, Inc., owner; Simonsen Architect, agent. Approval of the Zone Change and adoption of the 10 criteria. * Quasi-Judicial

* Quasi-Judicial Caution must be exercised concerning any potential ex parte communications with interested parties. This policy-making body may exercise approval or other adjudication authority which is "judicial" because it directly affects the legal rights of a person.
 
P.
Second/Final Reading Ordinance expanding Ward I (Annexation 20-05A): a property located north of Highway 3 and east of AJ Way.
 
Q.
Second/Final Reading Ordinance expanding Ward III (Annexation 21-02): a property located south of South Frontage Road, east of East Lane and north of Elysian Road and west of Hogan's Slough.
 
R.
Adoption of 2021-2022 Council Priorities.
 
S.
Bills for the Weeks of:
 
1.
March 1, 2021
 
2.
March 8, 2021
 
3.
March 15, 2021
 
REGULAR AGENDA:
 
2.
RESOLUTION awarding the sale of refunding Library General Obligation Bonds. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
  • Presented by: Andy Zoeller, Finance Director

Recommended Motion: I move to approve the Resolution awarding the sale of refunding Library General Obligation bonds, as recommended to staff.
 
3.
PUBLIC HEARING to provide the community an opportunity to comment on the low-income housing communities of Brush Meadow Apartments, Edgewood Apartments and Shiloh Glen, as required under Section 15-6-221(2), MCA. No action by City Council is necessary.
 
  • Presented by: Betsy Schanno, Asset Manager, 11 Capital
 
4.
PUBLIC HEARING AND FIRST READING ORDINANCE granting a non- exclusive franchise to TDS Metrocom, LLC for cable service. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
  • Presented by: Stacy Tenney, Deputy City Attorney

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve First Reading Ordinance granting a non-exclusive franchise to TDS Metrocom, LLC, as recommended by staff.
 
 
5.
PUBLIC HEARING AND FIRST READING ORDINANCE regulating massage and spa facilities through business licensing criteria. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 
 
  • Presented by: Gina Dahl, City Attorney

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony,I move to approve the First Reading Ordinance regulating massage and spa facilities through business licensing criteria, as recommended by staff.
 
6.
SECOND/FINAL READING ORDINANCE for Zone Change 987: a zone change from Agricultural (A) to Heavy Commercial (CX) on Tracts 1A and 1B of COS 1889, located east of Billings Flying Service at 3655 AJ Way. Aviation Properties, LLC, owner; Collaborative Design Architects, agent. Approval of the Zone Change and adoption of the 10 criteria. (Action: approval or disapproval of staff recommendation.)  * Quasi-Judicial
 
  • Presented by: Nicole Cromwell, Zoning Coordinator

Recommended Motion: I move to approve the Second/Final Reading for Zone Change 987 and adoption of the 10 criteria, as recommended by staff.

* Quasi-Judicial Caution must be exercised concerning any potential ex parte communications with interested parties. This policy-making body may exercise approval or other adjudication authority which is "judicial" because it directly affects the legal rights of a person.
 
PUBLIC COMMENT on "NON-AGENDA ITEMS". Speaker Identification required. ( Restricted to ONLY items not on this printed agenda. Comments are limited to 3 minutes or as set by the Mayor. Public comments during the meeting may be made in-person or remotely by registering as an attendee through Zoom as outlined in the Agenda coversheet.)
 
COUNCIL INITIATIVES:
 
ADJOURN:
 
Billings Public Library is readily accessible to individuals with physical disabilities.

For more information or to make requests for special arrangements, please contact the City Clerk's Office at 657-8210 or e-mail
bohlmand@billingsmt.gov, 72 hours prior to the meeting date.