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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 28, 2013             6:30 P.M.
CALL TO ORDER: Mayor Hanel
 
PLEDGE OF ALLEGIANCE:  Mayor Hanel
 
INVOCATION:  Councilmember Ronquillo
 
ROLL CALL:  Councilmembers present on roll call were:
 
MINUTES:   May 13, 2013 - PENDING
 
COURTESIES:
 
PROCLAMATIONS:
 
ADMINISTRATOR REPORTS - TINA VOLEK
 
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Item: #1 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.
W.O. 12-18, Canyon Creek Drain, Phase 1 - King Avenue West. (Opened 5/28/2013) Bid award recommendation to be made at the June 10, 2013, City Council meeting.
 
2.
City Hall Lighting Retrofit. (Opened 5/28/2013) Bid award recommendation to be made at the June 10, 2013, City Council meeting.
 
B.
Development Agreement with SunCap Property Group outlining necessary public improvements for a proposed FedEx Facility on Tract 1, Certificate of Survey 3329, located at Hesper Road and Gabel Road.
 
C.
Approval of lease renewal for office, storage, and wareyard space at the Billings International Airport to the Bureau of Land Management Fire Cache operation; 9/1/2012 - 8/31/2022; revenue first year $62,436.60; revenue subsequent years adjusted each anniversary by the Department of Labor – Bureau of Labor Statistics Consumer Price Index for Wage Earners and Clerical Workers (CPI-W).
 
D.
Supplemental Lease Agreement #4 with the Federal Aviation Administration (FAA) extending term of Lease #DTFANM-07-L-00039 for office and operation space in Airport Terminal Building; 4/1/2013-9/30/2017; annual revenue - $26,089.32
 
E.
Memoranda of Understanding between the City of Billings and Billings Public Schools for two (2) middle school resource officers and three (3) high school resource officers (7/1/13 - 6/30/14); Billings Public Schools payment to the City of Billings - $121,366.
 
F.
Subordination of Housing Rehabilitation Loan for Wesley K. Hazen and Brandi L. Hazen; $19,600.
 
G.
Acceptance of Donation of a retired Boeing 727 to the Billings Logan International Airport from FedEx Express to be used for training and education purposes.
 
H.
Resolution extending City Administrator's change order signing authority not to exceed $1,300,000 for the Empire Garage Project.
 
I.
Resolution relating to $5,545,000 Special Improvement District No. 1385 Refunding Bonds, Series 2013; fixing the form and details and providing the execution and delivery of the bonds.
 
J.
Second/Final Reading Ordinance amending Billings Montana City Code (BMCC) Article 26-600, Industrial Waste Discharge, conditioned on approval by the United States Environmental Protection Agency.
 
K.
Second/Final 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.
 
L.
Second/Final 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.
 
M.
Second/Final Reading Ordinance amending the Billings, Montana, City Code (BMCC), Chapter 17- Noise; Repealing Sections 17-103, 17-105, 17-109, 17-110, and 17-111; and Amending Sections 17-101, 17-102, 17-104, 17-106, 17-107, and 17-112.
 
N.
Second/Final Reading Ordinance amending Billings, Montana, City Code (BMCC), Sections 18-302, 18-303, 18-306, 18-307 and 18-308; Public Nuisances.
 
O.
Second/Final Reading Ordinance amending Billings, Montana, City Code (BMCC), Sections 7-300 through 7-321, Going Out of Business.
 
P.
Bills and Payroll:
 
1.
April 29, 2013
 
2.
May 6, 2013
 
REGULAR AGENDA:
 
2.
PUBLIC HEARING AND SPECIAL REVIEW #903: a special review amending the conditions and site plan for previously-approved Special Review #900 allowing construction of a new, private elementary school on a 3.83-acre parcel of land located at 4809 Grand Avenue. Grace Montessori Academy, owner; Eggart Engineering Company, agent. Zoning Commission recommends conditional approval. (Action: approval or disapproval of Zoning Commission recommendation.)
 
3.
PUBLIC HEARING AND SPECIAL REVIEW #904: a special review to allow multi-family dwellings in an R-60 zone on property located on the north side of Avenue E between 16th Street West and 17th Street West and legally described as Lots 1 through 9A of Block 10, Partington Park Subdivision, 8th Filing; McDonald Land Holdings, LLC, owner; AT Architecture, agent. Zoning Commission recommends conditional approval. (Action: approval or disapproval of Zoning Commission recommendation.)
 
4.
PUBLIC HEARING AND SPECIAL REVIEW #905:  a special review to allow the expansion of an existing church located on a 5-acre parcel legally described as Tract 2, Certificate of Survey 1161, and addressed as 3140 Broadwater Avenue. Apostles Evangelical Lutheran Church, owner; Carl Rose and Durward Sobek, agents. Zoning Commission recommends conditional approval. (Action: approval or disapproval of Zoning Commission recommendation.)
 
5.
PUBLIC HEARING AND RESOLUTION de-annexing approximately 6.64 acres of undeveloped land described as Lot 20, Block 3, Rolle Subdivision, generally located between Alkali Creek Road and Highway 3 (Airport Road). Robert Honaker, owner and petitioner. Staff recommends approval based on the criteria outlined in the City's De-annenxation Policy. (Action: approval or disapproval of staff recommendation.)
 
6.
PUBLIC HEARING AND RESOLUTION FOR ANNEXATION #13-06:  approximately seven acres of land 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. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.)
 
7.
PUBLIC HEARING FOR ZONE CHANGE #909 amending an existing Planned Development (PD) to allow an increase in the maximum density from 15 dwelling units per acre to 20 dwelling units per acre on a 25.186-acre parcel of land described as Tract 3A, C/S 2063, with underlying zoning of Planned Development-Multi-Family-Residential (PD-MF-R) in the Lenhardt Square Planned Development. Zoning Commission recommends approval and adoption of the findings of the 10 criteria. (Action: approval or disapproval of Zoning Commission's 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.