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Agenda for City Council Regular Business Meeting

**ATTENTION**
The City Council meeting will be held in a hybrid format that may include both in-person AND virtual attendance via Zoom. Unless they have cause to appear virtually, Councilmembers will attend the meeting in person in Council Chambers, second floor of City Hall, 220 N. 27th Street. 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.
    • Virtually via Zoom (see the link below).

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.
  • Attend the meeting virtually through Zoom by entering the Webinar ID and Passcode indicated below. Click on Zoom Meeting Instructions and Zoom Hybrid Meeting Details below for more information. 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.

Please contact Denise Bohlman, City Clerk, at bohlmand@billingsmt.gov, or at 406.657.8210, with any questions.

 


 
VISION STATEMENT:
"The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds."
 
 
     CITY COUNCIL
   REGULAR BUSINESS MEETING
   
  AGENDA       
 
 
COUNCIL CHAMBERS SEPTEMBER 11, 2023          5:30 P.M.
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Joy
 
ROLL CALL: Councilmembers present on roll call were: Shaw,  Gulick, Neese,  Owen,  Joy, 
Choriki, Tidswell, Purinton,  Boyett, Rupsis
 
MINUTES:
  • July 24, 2023 - Pending
  • August 28, 2023 - Pending
 
COURTESIES:
 
PROCLAMATIONS:  September - Recovery Month
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 11a and 11b ONLY. Speaker sign-in required. (Comments are limited to three (3) minutes or as set by the Mayor. Please sign the roster at the cart located at the back of the Council chambers or at the podium. 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.)
 
SPECIAL PRESENTATION: Greg Burns and Jim Davenport, Thorn Run Partners, Federal Government Advocates
 
1.
CONSENT AGENDA -- Separations:
 
A.
Bid Awards:
 
1.
Cardboard Recycling. (Opened 8/15/23) Recommend Earth First Aid.
 
B.
Purchase of an irrigation pump station for Mountview Cemetery from Granite Peak Pump Service.
 
C.
Professional Services Agreement for W.O. 24-01: Contract 3, Cedar Park Subdivision Water Main Replacement; Morrison-Maierle, Inc.
 
D.
2023 Justice Assistance Grant (JAG) Application, Memorandum of Understanding (MOU) with Yellowstone County, and award to the City of Billings Police Department.
 
E.
Perpetual Right-of-Way Easements from Sisters of Charity of Leavenworth Health Services Corporation.
 
F.
Exempt Plat Amended Yellowstone Meadows, Phase Three. *Quasi-Judicial
 
G.
Second/Final Reading Ordinance for Zone Change 1033: St. Vincent's Healthcare Subdivision. *Quasi-Judicial
 
H.
Bills for the Weeks of:
 
1.
August 07, 2023
 
2.
August 14, 2023
 
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 to receive input on FY2022-2023 Draft Comprehensive Annual Performance Evaluation Report (CAPER) and Community Needs. No action is necessary.
  • Presented by: Brenda Beckett, Community Development Manager
 
3.
PUBLIC HEARING and amendment to the FY2023-2024 Annual Action Plan. Staff and Community Development Board recommends approval. 
  • 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 FY2023-2024 Annual Action Plan, as recommended by staff and Community Development Board. 
 
4.
PUBLIC HEARING AND RESOLUTION revisingEncroachment Rental fees. Staff recommends approval. 
  • Presented by: Jennifer Duray, Deputy Public Works Director

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a Resolution revising Encroachment Rental fees, as recommended by staff.
 
5.
PUBLIC HEARING AND RESOLUTION setting Special Improvement Lighting Maintenance District (SILMD) assessments. Staff recommends approval. 
  • Presented by: Jennifer Duray, Deputy Public Works Director

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a Resolution setting Special Improvement Lighting Maintenance District (SILMD) assessments, as recommended by staff.
 
6.
PUBLIC HEARING AND RESOLUTIONS allocating assessments on the following:
  • Presented by: Jennifer Duray, Public Works Deputy Director
 
a.
Sidewalk Construction and/or Repairs.
 
b.
Delinquent Sewer and Solid Waste Services.

Staff recommends approval.

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Resolutions assessing Sidewalk Construction and/or Repairs and Delinquent Sewer and Solid Waste Services, as recommended by staff.
 
7.
PUBLIC HEARING AND RESOLUTIONS allocating assessments on the following:
  • Presented by: Andy Zoeller, Finance Director 
 
a.
SID 1411
 
b.
SID 1419
 
c.
SID 1423
 
d.
SID 2924
 
e.
SID 2925

Staff recommends approval.

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Resolutions allocating assessments on SID 1411, SID 1419, SID 1423, SID 2924 and SID 2925, as recommended by staff.
 
8.
PUBLIC HEARING AND RESOLUTIONS allocating assessments on the following:
  • Presented by: Andy Zoeller, Finance Director 
 
a.
Nuisance Property Abatements
 
b.
Weed Abatements

Staff recommends approval.

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Resolutions assessing Nuisance Property and Weed Abatements, as recommended by staff.
 
9.
PUBLIC HEARING AND RESOLUTIONS setting annual levy/assessments on the following:
  • Presented by: Andy Zoeller, Finance Director

a.     General Fund, Transit, Library, Public Safety I, II, III, and General Obligation Debt

b.     Downtown Business Improvement District

c.     Tourism Business Improvement District


Staff recommends approval.

Recommended Motion:Having conducted a public hearing, considered written and spoken public testimony, I move to approve Resolutions setting annual levy/assessments on General Fund, Transit, Library, Public Safety I, II, III, and General Obligation Debt; Downtown Business Improvement District; and Tourism Business Improvement District, as recommended by staff.
 
10.
PUBLIC HEARING AND RESOLUTION assessing Park Maintenance Districts (PMDs). Staff recommends approval. 
  • 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 assessing Park Maintenance Districts (PMDs), as recommended by staff.
 
11.
PUBLIC ARTS POLICY:
 
a.
RESOLUTION rescinding and repealing Resolution 04-18101, establishing a Public Arts Policy and Ad Hoc Committee. Staff recommends approval. 
  • Presented by: Gina Dahl, City Attorney

Recommended Motion: I move to approve a resolution rescinding and repealing Resolution 04-18101, establishing a Public Arts Policy and Ad Hoc Committee, as recommended by staff. 
 
b.
RECOMMENDATION for Public Arts Projects. Staff, Ad Hoc Art Review Committee, Parks and Cemetery Board and Mobilize the Magic City Advisory Committee recommend approval.
  • Presented by: Chris Kukulski, City Administrator

Recommended Motion: I move to approve Public Art Projects, as recommended by staff, Ad Hoc Art Review Committee, Parks and Cemetery Board, and Mobilize the Magic City Advisory Committee.
 
 
PUBLIC COMMENT on "NON-AGENDA ITEMS". Speaker Sign-in required. ( Restricted to ONLY items not on this printed agenda. Comments are limited to 3 minutes or as set by the Mayor. Please sign the roster at the cart located at the back of the Council chambers or at the podium.)
 
COUNCIL INITIATIVES:
 
ADJOURN:
 
 
Council Chambers are 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.
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* 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.