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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 Billings Public Library Community Room. 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 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:  830 8466 5815
Passcode:  345420

Or join by phone: US: +1-253-215-8782

The practice of receiving phone calls to a specific Public Comment telephone line has been discontinued. 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."
 
 
  REVISED 4/19/2021 - Agenda Description on Regular Agenda Item 5
*CLOSED EXECUTIVE SESSIONbegins at 4:30 P.M.

*Note: The Executive Session is closed for the sole purpose of discussing litigation strategy.
The other parties to the case(s) discussed are not public bodies or associations as described in Section 2-3-203(1) and (2), MCA. The meeting is closed as allowed by Section 2-3-203(4)(a), MCA, "to discuss a strategy to be followed with respect to litigation when an open meeting would have a detrimental effect on the litigating position" of the City of Billings. 

CITY COUNCIL
REGULAR BUSINESS MEETING begins at 5:30 P.M. / A SPECIAL WORK SESSION concerning Budget Overview begins upon adjournment of the Regular Business Meeting, as noted at the end of the agenda. 
   
                       AGENDA                                                                        
Billings Public Library and remotely
via Zoom. Please see coversheet
for details and instructions for
viewing and participation.
                    April 26, 2021                          5:30 P.M.
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Purinton
 
ROLL CALL: Councilmembers present on roll call were: Shaw,  Yakawich, Neese,  Ewalt,  Joy,  Choriki, Purinton, Ronning,  Boyett, Brown
 
MINUTES: April 12, 2021
 
COURTESIES:
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 3, 4, 5 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.
Bid Awards:
 
1.
W.O. 20-12: South 32nd Street West Reconstruction and Widening. (Opened 4/13/2021) Recommend Knife River; $4,062,265.
 
2.
W.O. 20-30: Hallowell Lane Improvements. (Opened 3/23/2021). Recommend KLE Construction, LLC, $3,865,050.
 
3.
W.O. 21-15 Lead Service Replacements. (Opened 4/13/2021) Recommend COP Construction, LLC; $603,519.
 
4.
W.O. 21-24: Zone 3, 12-inch Waterline Replacement. (Opened 4/13/2021) Recommend Askin Construction, LLC; $256,113.
 
B.
Amendment No. 1, W.O. 19-42: West End Water Treatment Plant Project, Professional Engineering Services Contract, Burns and McDonnell Engineering Company, Inc. (BMcD); $3,778,342.
 
C.
Right-of-Way Agreements and Acquisition of Property for W.O. 19-15: 24th St. W. and Central Signal Improvements from 2425 Central Ave, LLC; $44,000; and Automatic Real Estate, LLP; $28,300.
 
D.
Grant Application Request to U.S. Green Building Council for LEED Grant and acceptance of award; $10,500.
 
E.
Grant Application Request to submit application for AmeriCorps VISTA and authorize City staff to negotiate and finalize the project, if awarded.
 
F.
Housing Rehabilitation Loan Program - applicant denial and grievance.
 
G.
Preliminary Minor Plat of Hunters Point Subdivision, located at 3038 Central Avenue; Bach Homes, owner; Sanderson-Stewart, 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.
 
H.
Resolution authorizing the Issuance and Calling for a Negotiated Sale for Sidewalk Bonds.
 
I.
Resolution forGeneral Obligation (GO) refunding bonds 2021.
 
J.
Second/Final Reading Ordinance granting a non-exclusive franchise to TDS Metrocom, LLC, for cable service.
 
K.
Second/Final Reading Ordinance regulating massage and spa facilities through business licensing criteria.
 
L.
Bills for the Weeks of:
 
1.
March 22, 2021
 
2.
March 29, 2021
 
REGULAR AGENDA:
 
2.
PUBLIC HEARING and approval of FY2021-2022 Annual Action Plan and Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Budget Allocations. Community Development Board recommends approval. (Action: approval or disapproval of Community Development (CD) Board recommendation.)
 
  • Presented by: Brenda Beckett, Community Development Manager

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the  FY2021-2022 Annual Action Plan and accompanying CDBG and HOME budget allocations, as recommended by the Community Development (CD) Board.
 
3.
DEVELOPMENT AGREEMENT with Lupine Holdings, LLC, for Certificate of Survey 1889, Amended Tracts 1A and 1B. Staff recommends approval. (Action: approval or disapproval.)
 
  • Presented by: Debi Meling, Public Works Director

Recommended Motion: I move to approve the development agreement with Lupine Holdings, LLC, as recommended by staff.
 
4.
TAX INCREMENT FINANCING ASSISTANCE from East Billings Urban Renew District (EBURD) to J&S Properties for reimbursement of renovation expenses to property located at 1518 First Avenue North - Yellowstone Ice and Water; maximum of $63,085. Billings Industrial Revitalization District (BIRD) Board recommends approval. (Action: approval or disapproval of BIRD Board recommendation.)
 
  • Presented by: Wyeth Friday, Planning Director and Zach Terakedis, BIRD Director

Recommended Motion: I move to approve the Tax Increment Financing Assistance from EBURD to J&S Properties for reimbursement of renovations expenses to property at 1518 First Avenue North, as recommended by the BIRD Board.
 
5.
TAX INCREMENT FINANCING ASSISTANCE from Downtown Urban Renewal District to Montana Rescue Mission for reimbursement of remodeling expenses to property located at 2822 Minnesota Avenue; $420,000 in two installments of $210,000 per fiscal year. Downtown Billings Partnership (DBP) Board recommends approval. (Action: approval or disapproval of DBP Board recommendation.)
 
  • Presented by: Wyeth Friday, Planning Director and Mehmet Casey, DBA Development Director

Recommended Motion: I move to approve the Tax Increment Financing Assistance from Downtown Urban Renewal District to Montana Rescue Mission for reimbursement of remodeling expenses to property located at 2822 Minnesota Avenue; $420,000 in two installments of $210,000 per fiscal year, as recommended by the Downtown Billings Partnership (DBP) Board.
 
6.
RESOLUTION adopting application and renewal fees for Massage and Spa Facility License.
 
  • Presented by: Andy Zoeller, Finance Director

Recommended Motion: I move to approve the Resolution adopting application and renewal fees for Massage and Spa Facility Licenses.
 
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.

A SPECIAL WORK SESSION begins immediately after the Regular Business meeting:
  1. Budget Overview
    • Public Comment
  2. Council Discussion
  3. Public Comment on Items Not on the Agenda