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Agenda for Regular City Council Meeting

CITY OF BILLINGS

CITY OF BILLINGS VISION STATEMENT:

"THE MAGIC CITY – A VIBRANT, WELCOMING PLACE WHERE
PEOPLE FLOURISH AND BUSINESS THRIVES."


AGENDA
COUNCIL CHAMBERS               May 13, 2013             6:30 P.M.
CALL TO ORDER: Mayor Hanel
 
PLEDGE OF ALLEGIANCE:  Mayor Hanel
 
INVOCATION:  Councilmember McFadden 
 
ROLL CALL:  Councilmembers present on roll call were:
 
MINUTES:   April 22, 2013
 
COURTESIES:
 
PROCLAMATIONS:  National Bike Walk Bus Week, May 12-18, 2013
                                    National Arbor Day, May 17, 2013
 
ADMINISTRATOR REPORTS - TINA VOLEK
  • 2013 Legislature Wrap-Up - Ed Bartlett
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: #1, #2C and #12 ONLY. Speaker sign-in required.(Comments offered here are limited to one (1) minute. Please sign in at the cart located at the back of the council chambers or at the podium. Comment 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.)
 
1.
CONSENT AGENDA -- Separations:
 
A.
Bid Awards:
 
1.
Replacement of Airport Terminal Building Heat Pumps. (Opened 4/23/13) Recommend Accent Air & Mechanical; $76,900.
 
2.
Passenger Seating Re-Upholstery Project for Airport Terminal Building. (Opened 4/23/13) Recommend Great Falls Upholstery, LLC; $64,968.
 
3.
W.O. 13-01, Water and Sanitary Sewer Main Replacement Projects. (Opened 4/23/13) COP Construction - Schedule 2: $2,761,659 and Schedule 3: $798,780.
 
4.
W.O. 13-02, Miscellaneous/Developer-Related Project. (Opened 4/30/13) Recommend J & J Concrete, Inc.; $485,400.
 
5.
W.O. 13-04, 2013 ADA Ramp Replacement Project. (Opened 4/23/13) Recommend J & J Concrete, Inc.; $307,203.
 
6.
BOC Garage Lighting Retrofit. (Opened 4/30/13) Recommend I.D. Corporation; $37,685.
 
B.
Change Order #2 - High Service Pump Station and Chemical Feed Building Roof Replacement, Donaldson Construction and Roofing; $4,380.
 
C.
Change Order #3 - Empire Parking Garage Project, Sletten Construction; $234,435.10.
 
D.
Contract with Exchange City Golf Corporation (ECGC) to manage Par 3 Golf Course; 12/31/2013 - 12/31/2018; estimated annual revenue to the City - $20,000.
 
E.
Professional Services Contract for engineering services for the Aronson Bypass Trail at Swords Park; Sanderson Stewart; $52,245.
 
F.
Contract for Evaluation Services with National Public Consortium Research (NPC Research) for the Billings Adult Misdemeanor Treatment Court; $94,633.  (Three years with five, 1-year renewal options.)
 
G.
Contract for Treatment Services with Rimrock Foundation for the Billings Adult Misdemeanor Treatment Court; $797,198.  (One year with five, 1-year renewal options.)
 
H.
Approval of Right-of-Way Agreement and Warranty Deed for W.O. 09-12, Inner Belt Loop for Parcel No. 7 with Morledge Alkali Creek, LLC; $8,179.32.
 
I.
Amendment #3, W.O. 09-20 Rimrock Road, Forsythia Boulevard to Shiloh Road, Professional Services Contract, DOWL HKM; $221,035.
 
J.
Amendment to Development Agreement with Babcock, LLC and Downtown Billings Partnership delaying transfer of the Babcock Theater to the City until March 15, 2017.
 
K.
Approval of Reappointment of Councilmember Denis Pitman, to Yellowstone County Veterans Cemetary Board for an additional 4-year term.
 
L.
Approval of MET Transit's Updated Disadvantaged Business Enterprise (DBE) Program.
 
M.
Approval of Assignment and Transfer of West End Hangar Ground Lease from Ted E. Whiting and Sally A. Whiting, as Trustees of the Ted E. Whiting Trust, dated November 14, 2000 to Picacho Aviation, LLP.
 
N.
Declaring surplus property and authorizing airport staff to sell a 1995 Oshkosh Snow Broom through a competitive bid process, and if necessary, allowing staff to seek disposal by alternative means.
 
O.
Acknowledging Receipt of Petition to Annex #13-06:  two lots totaling approximately 7 acres, described as Lot 5, Block 2, and Lot 1, Block 3, Titan Subdivision, generally located on the north and south sides of Interstate Avenue just east of the intersection of Interstate Avenue and Mullowney Lane; Origer Enterprises, Inc. and TNC Development, LLC, petitioners; and setting a public hearing date for 5/28/13.
 
P.
Acceptance of Donation of Angel Sculputure; Rose Park Sculpture Garden; Compassionate Friends; at no cost to the City.
 
Q.
Acceptance of Donation of Bronze Plaque; South Park Gazebo; South Side Neighborhood Task Force; $389.
 
R.
Acceptance of Donation of Memorial Bench; Mystic Park; Schultz Family; at no cost to the City.
 
S.
Resolution related to financing the construction of storm drain improvements at the Shiloh Conservation Area and establishing compliance with reimbursement bond regulations under the Internal Revenue Code. 
 
T.
Second/Final Reading Ordinance amending the boundaries of Ward V to include recently annexed property in Annexation #13-01: two parcels totaling approximately 97 acres in Tract 1, C/S 2587, and Tract 1, C/S 3329, generally located northwest of the intersection of Hesper Road and Gabel Road; Industrial Planning Associates, L.P, owner.
 
U.
Second/Final Reading Ordinance amending the boundaries of Ward III to include recently annexed property in Annexation #13-02: a 63.32-acre parcel of land generally located south of the King Avenue West interchange with Interstate 90 and addressed as 1228 and 1236 Mullowney Lane; Elizabeth Zeiler, owner.
 
V.
Final Plan of Subdivision for Rent or Lease (SRL) for Tracts 1-B & 3, Certificate of Survey 2631, generally located at 3029 Grand Avenue; Calmont, LLC, owner; Sanderson Stewart, agent.
 
W.
Preliminary Major Plat of Falcon Ridge Estates Subdivision, 2nd Filing, generally located North of Rimrock Road; Falcon Ridge, II, Inc., owner; conditional approval of the preliminary plat and adoption of the Findings of Fact.
 
X.
Bills and Payroll:
 
1.
April 8, 2013
 
2.
April 15, 2013
 
3.
April 22, 2013
 
REGULAR AGENDA:
 
2.
REFLECTIONS AT COPPER RIDGE SUBDIVISION, 3RD FILING
 
A.
PUBLIC HEARING AND RESOLUTION vacating Reflections Circle within Reflections at Copper Ridge Subdivision, 3rd Filing; Copper Ridge Development Corporation, petitioner.  Staff recommends approval.  (Action:  approval or disapproval of staff recommendation.) 
 
B.
PUBLIC HEARING AND RESOLUTION authorizing the exchange of parkland in Reflections at Copper Ridge Subdivision, 3rd Filing.  Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
C.
APPROVAL of Final Plat of Reflections at Copper Ridge Subdivision, 3rd Filing.
 
3.
PUBLIC HEARING AND FIRST READING ORDINANCE amending the boundaries of Ward I to include recently annexed property in Annexation #13-03: a tract of land generally located at the southeast corner of Bench Boulevard and Yellowstone River Road; Ryan and Jodi Rookhuizen Family Trust, owner. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
4.
PUBLIC HEARING AND FIRST READING ORDINANCE amending the boundaries of Ward IV to include recently annexed property in Annexation #13-04: a tract of land generally located at the northwest corner of the intersection of Grand Avenue and 48th Street West; Mary Beth Gregory, owner. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
5.
PUBLIC HEARING AND RESOLUTION adopting Water and Wastewater Rate and Fee Schedule effective July 1, 2013. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
6.
PUBLIC HEARING AND FIRST READING ORDINANCE amending Billings Montana City Code (BMCC) Article 26-600, Industrial Waste Discharge.  Staff recommends approval, conditioned on approval by the United States Environmental Protection Agency.  (Action:  approval or disapproval of staff recommendation.)
 
7.
PUBLIC HEARING AND RESOLUTION creating SID 1395:curb and gutter, water, sanitary sewer, storm drain and street improvements on Boca Raton Road between Annandale Road and Clubhouse Way and Approval of Professional Services Contract with Sanderson Stewart to provide engineering design and construction administration; $106,396.60. Staff recommends approval. (Action:  approval or disapproval of staff recommendation.)
 
8.
PUBLIC HEARING AND SITE DEVELOPMENT ORDINANCE VARIANCE #OP-13-02:  A variance from Section 6-1203(1) of the Site Development Ordinance pertaining to off-street parking requirements at 658 King Park Drive.  Barthel Properties, LLC, owner and petitoner.  Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.)
 
9.
PUBLIC HEARING AND FIRST READING ORDINANCE amending Billings Montana City Code (BMCC), Chapter 17, Sound Level Limits of the Noise Ordinance. Staff recommends approval.  (Action:  approval or disapproval of staff recommendations.)
 
10.
PUBLIC HEARING AND FIRST READING ORDINANCE amending the Billings Montana City Code (BMCC) Article 18-300, Nuisance Ordinance.  Staff recommends approval.  (Action:  approval or disapproval of staff recommendation.)
 
11.
PUBLIC HEARING AND FIRST READING ORDINANCE amending the Billings Montana City Code (BMCC) Sections 7-300 through 7-321, Going Out of Business Ordinances.  Staff recommends approval.  (Action:  approval or disapproval of staff recommendation.)
 
12.
APPROVAL of purchase of Lot 3, Block 1, Billings Operation Center Subdivision, from Renee Boyer, et al. for $600,000, and Approval of Financing Plan. Staff recommends approval. (Action: Approval or disapproval of staff recommendation.)
 
PUBLIC COMMENT on Non-Agenda ItemsSpeaker Sign-in required. (Restricted to ONLY items not on this printed agenda. Comments here are limited to 3 minutes. Please sign in at the cart located at the back of the council chambers or at the podium.)
 
COUNCIL INITIATIVES
 
ADJOURN
 
Additional information on any of these items is available in the City Clerk's Office.

Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify Cari Martin, City Clerk, at 657-8210.