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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:  851 6875 4566
Webinar Passcode:  139470


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.


 
VISION STATEMENT:
"The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds."
 
 
  REVISED Title on Item 6a to read as "Adding" and not "Repealing and Replacing"
CITY COUNCIL
    REGULAR BUSINESS MEETING
   
                   AGENDA                                 
 
 
Billings Public Library and remotely via Zoom. Please see coversheet for details and instructions for viewing and participation.            June 28, 2021                                    5:30 P.M.
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Shaw
 
ROLL CALL: Councilmembers present on roll call were: Shaw,  Yakawich, Neese,  Ewalt,  Joy,  Choriki, Purinton, Ronning,  Boyett, Brown
 
MINUTES:
  • May 24, 2021
  • June 14, 2021
 
COURTESIES:
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 6a and 6b 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. 20-28: Songbird Drive Construction. (Opened 6/15/21) Recommend Knife River - Billings; $1,144,137.
 
2.
W.O. 21-08: Bike Boulevard Avenue D. (Opened 6/15/21) Recommend Montana Lines, Inc.; $216,120.
 
3.
W.O. 21-11: Highwood Drive Reconstruction. (Opened 6/15/21) Recommend rejecting all bids.
 
4.
W.O. 21-12: Harrow Drive Reconstruction. (Opened 6/15/21) Recommend COP Construction; $915,209.
 
5.
W.O. 21-22: Signal Conduit Upgrade. (Opened 6/15/21) Recommend Elcon Corporation; $127,878.
 
6.
W.O. 21-35: WRF Administration Building Second Floor Remodel. (Opened 6/15/21) Recommend Cucancic Construction, Inc; $143,345.
 
7.
SID 1411 Park Lane Paving. (Opened 6/15/21). Recommend rejecting all bids.
 
8.
SID 1418 Holiday Avenue Improvements. (Opened 6/15/21) Recommend Knife River - Billings; $251,815.
 
9.
Solid Waste Hooklift Truck and Containers. (Opened 6/15/21) Recommend NorMont Equipment Co.; $129,375.
 
B.
Consultant Agreement for W.O. 21-32: Bitterroot Drive and Wicks Lane Corridor Drainage Improvements with Performance Engineering, LLC; $255,690.
 
C.
Consultant Agreement for W.O. 21-33: Babcock Boulevard Drainage Area Improvements with AE2S, LLC; $354,100.
 
D.
Professional Services Contract for W.O. 21-37: Solid Waste Maintenance and Parking Building with Morrison-Maierle, Inc; $100,100.
 
E.
Change Order No. 1, W.O. 20-30: Hallowell Lane Improvements, to add Bruce Lane for an amount not to exceed $350,000 per the Council direction on April 26, 2021.  
 
F.
Amendment No. 1,  W.O. 20-37: Stormwater Utility Development, Phase II, Professional Services Agreement, FCS Group; $397,095.
 
G.
Amendment No. 1, Asset Management Program, Phase II, Consulting Agreement; Jacobs Engineering Group; $798,597.
 
H.
Donation to Billings Public Library from Billings Library Foundation for contactless book locker outside the Library entrance; $21,750.
 
I.
Cancellation of checks and warrants. 
 
J.
Resolution authorizing the issuance and calling for the negotiated sale of SID bonds for SID 1418, SID 1417, and SID 1416.
 
K.
Bills for the Weeks of:
 
1.
May 24, 2021
 
2.
June 1, 2021
 
Recommended Motion: I move to approve the items of the Consent Agenda as submitted, with the exception of items moved for separation.
 
REGULAR AGENDA:
 
2.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 992: A zone change from N3 – Suburban Neighborhood to N2 – Mid-Century Neighborhood on Lot 2, Block 29 of Lake Hills Subdivision, 5th Filing, an 18,466 square foot parcel of land, generally located at 117 and 119 Glenhaven Drive. Eric Schnelbach, owner/applicant. Zoning Commission recommends approval and adoption of the findings of the 10 criteria. (Action: approval or disapproval of Zoning Commission recommendation.) *Quasi-Judicial
 
  • Presented by: Karen Husman, Planner

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve and adopt the findings of the 10 criteria for Zone Change 992, as recommended by the Zoning Commission.

* 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.
 
 
3.
PUBLIC HEARING and amendment to the Consolidated Plan and FY20-21 Annual Action Plan to the CDBG-CV budget. Community Development (CD) Board recommends approval. (Action: approval or disapproval of the 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 amendment to the Consolidated Plan and FY20-21 Annual Action Plan to the CDBG-CV budget, as recommended by staff and the Community Development (CD) Board.
 
4.
PUBLIC HEARING AND RESOLUTION adopting and approving the FY22 Budget. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
  • Presented by: Andy Zoeller, Finance Director

Recommended Motion:   Having conducted a public hearing, considered written and spoken public testimony, I move to approve a resolution adopting and approving the FY22 Budget, as recommended by staff.
 
5.
PUBLIC HEARING AND RESOLUTIONS setting FY22 annual assessments on the following:
 
a.
Business Improvement District, Tourism Business Improvement District, Mill Levy Rates for General Fund, Transit, Library and Public Safety
  • Presented by: Andy Zoeller, Finance Director
 
b.
Road Maintenance District 6
  • Presented by: Andy Zoeller, Finance Director
 
c.
Street Maintenance District
  • Presented by: Jennifer Duray, Public Works Deputy Director



Staff recommends approval. (Action: approval or disapproval of staff recommendation.)

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolutions setting assessments on: 5a) BID, TBID, Mill Levy Rates for General Fund, Transit, Library and Public Safety; 5b) Road Maintenance District 6; and 5c) Street Maintenance District, as recommended by staff.
 
6.
PUBLIC SAFETY MILL LEVY:
 
a.
SECOND/FINAL READING ORDINANCE amending City Charter by repealing and replacing adding Section 1.05.2. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
  • Presented by: Chris Kukulski, City Administrator

Recommended Motion: I move to approve an ordinance amending the City Charter by repealing and replacing adding the current public safety mill levy in Section 1.05.02, as recommended by staff.
 
 
b.
RESOLUTION approving ballot language. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
  • Presented by: Chris Kukulski, City Administrator

Recommended Motion: I move to approve the Resolution providing ballot language to be submitted to the voters on the November 2, 2021, general election ballot, as recommended by staff.
 
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.