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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      June 13, 2011             6:30 P.M.
CALL TO ORDER – Mayor Hanel
 
PLEDGE OF ALLEGIANCE – Mayor Hanel
 
INVOCATION – Councilmember Cimmino
 
ROLL CALL
 
MINUTES:   May 23, 2011
 
COURTESIES - Billings City Exchange Club Presentation
 
PROCLAMATIONS
 
ADMINISTRATOR REPORTS - TINA VOLEK
 
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: #1 and #2 ONLY. Speaker sign-in required.(Comments offered here are limited to one (1) minute. Please sign up on the clipboard located 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.
Fire Department Mobile Supplied Air Van (Opened 5/31/2011) Recommend I-State Truck Center; $97,360.
 
2.
SID 1369, Moore Lane Improvements. (Opened 5/24/2011) Recommend delay of award until June 27, 2011.
 
3.
W.O. 09-26, Waster Water Treatment Plant Clarifier Rehabilitation Project (Opened 5/24/2011) Recommend COP Construction; $495,400.
 
4.
Rose Park Pool Rehabilitation Project (Opened 5/31/2011) Recommend Aquatic Renovation Systems, Inc.; $79,515.
 
B.
Agreement with Guardian Security, Inc. for private guard service at Parmly Billings Library; 7/1/2011 - 6/30/2012 with option to extend for three additional one-year terms; $71,300 first-year expense.
 
C.
Fair Housing Initiatives Program Subrecipient Agreements with Community Housing Resource, Interfaith Hospitality Network, Rimrock Foundation, and Yellowstone AIDS Project.
 
D.
Amendment #2, W.O. 10-08, Water Treatment Facility Clearwell Baffle Project. Morrison-Maierle, Inc.; in an amount not to exceed $27,300.
 
E.
Recommendation of approval to the Policy Coordinating Committee for the Billings Area Bikeway & Trail Master Plan and Trail Assset Management Plan (delayed from 3/14/2011).
 
F.
Approval of the purchase of telephone system upgrades from Black Box Network Services, $62,635.92.
 
G.
Confirmation of Probationary Police Officer - Jared Lausch
 
H.
Street Closures:
 
1.
Big Sky State Games: 5K Run: Friday, July 15, 2011, 5:45 p.m. to 7:00 p.m., beginning at Daylis Stadium going north on 3rd Street West; west on Parkhill Drive to 12th Street West; east on Parkhill Drive to 3rd Street West; south on 3rd Street West; finishing with a lap around the Daylis track. Triathlon/Duathlon:Sunday, July 17, 2011, 5:30 a.m. to 11:00 a.m., beginning at Lake Elmo State Park proceeding to Rolling Hills Road, to Pemberton, to All American Pharmaceuticals parking lot, to Main Street, to Highway 87 continuing 4.5 miles and turning around at the Shepherd Action Road and following the course in reverse back to Lake Elmo State Park.
 
2.
Billings Senior High School Class of 1981 Reunion - Friday, July 29, 2011, 5:00 p.m. to 1:00 a.m., North 28th Street between 1st and 2nd Avenues North.
 
3.
Yellowstone Valley Farmers Market - (1) Every Saturday from July 11 - October 11, 2011, 6:00 a.m. to 1:00 p.m., N. 28th between 1st Ave. N. and 3rd Ave. N.; 2nd Ave. N. between N. 27th and N. 29th; and N. 29th between 1st Ave N. and 2nd Ave. N.; and (2) Wednesday evenings in August, 3:00 p.m. to 9:00 p.m., N. 28th between 2nd Ave. N. and 3rd Ave. N.
 
I.
Resolution of Intent to adopt an ordinance naming the Empire Parking Garage as a North 27th Street Urban Renewal Area project to be financed with tax increment bonds.
 
J.
Resolution authorizing the issuance and calling for a negotiated sale of $1,446,000 Special Improvement District 1369 and Special Improvement District 1391 bonds.
 
K.
Resolution updating the High Sierra Park Master Plan to include disc golf.
 
L.
Second/Final Reading Ordinance amending the Billings City Code by updating Section 20-300 and Section 26-203 to reference the City Annexation Policy instead of the Urban Planning Area.
 
M.
Approval of extension of preliminary plat approval date forone year for Lake Hills Subdivision, 25th Filing, Amended; setting new expiration date of June 23, 2012.
 
N.
Approval of extension of preliminary plat approval date for no more than two years for King Meadows Subdivision; setting new expiration date of June 25, 2013.
 
O.
Preliminary Minor Plat of Amended Lot 2-A & Tract 4-A, Blue Meadows Acreage Tracts, Amended, described as four lots on approximately 4.4 acres of land for residential development generally located on the west side of Shiloh Road, between Rimrock Road and Poly Drive. Kincaid Land, LLC, owner; Gene Culver, Managing Member; C&H Engineering & Surveying, Inc., representing agent; conditional approval of the plat and adoption of the findings of fact.
 
P.
Preliminary Major Plat of Ironwood Estates Subdivision, 5th Filing, generally located east of Molt Road, north of Ironwood Drive, and west of Aspenridge Drive in northwest Billings.  Regal Land Development, Inc., owner; Sanderson Stewart, representing agent; conditional approval of the plat and adoption of the findings of fact.
 
Q.
Preliminary Major Plat of Lake Hills Subdivision, 33rd Filing, majority of property located near the intersection of Clubhouse Way and Cherry Hills Road, with the remaining parcels scattered around the Lake Hills Golf Course. Ron Hill Specialized Construction, owner; Blueline Engineering, LLC, representing agent; conditional approval of the plat and adoption of the findings of fact.
 
R.
Final Plat Approval of Alcor Subdivision and approval of variance from Section 23-406(B)(6) of the City Subdivision Regulations allowing the reduction of required right-of-way dedication for Montana Avenue.
 
S.
Final Plat Approval of Amended Lot 3, Block 4, Burlington Northern Subdivision, 14th Filing.
 
T.
Bills and Payroll:
 
1.
May 6, 2011
 
2.
May 13, 2011
 
3.
May 20, 2011
 
4.
January 1, 2011 - March 31, 2011 (Municipal Court)
 
REGULAR AGENDA:
 
2.
RESOLUTION adopting the Police Department Drug and Alcohol Policy. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
3.
PUBLIC HEARING AND CONSIDERATION OF EMERGENCY ORDINANCE banning the sale of medical marijuana in storefronts in the City of Billings. Staff recommends delay of approval until ruling by Lewis and Clark County on preliminary injunction in the Montana Cannabis Industry Association case. (Action: approval or disapproval of staff recommendation.)
 
4.
CITY OF BILLINGS PROPERTY EXCHANGES WITH BILLINGS CLINIC AND STOCKMAN BANK
 
A.
PUBLIC HEARING AND PROPERTY EXCHANGE AGREEMENT between City of Billings and Billings Clinic for city right-of-way on North 28th Street and 9th Avenue North in exchange for Billings Clinic property located at 640 N. Broadway and 8.8 lots along 6th Avenue North between North 29th Street and Broadway. (Approval of Exchange Agreement delayed from 5/23/11). Staff recommends approval. (Action:  approval or disapproval of staff recommendation.)
 
B.
PUBLIC HEARING AND RESOLUTION vacating 9th Avenue North between North 28th Street and North 29th Street; North 28th Street between 7th Avenue North and 9th Avenue North; and the south half of North 28th Street between 10th Avenue North and 11th Avenue North; Billings Clinic, petitioner; and approving an easement agreement allowing full access to utilities located within the vacated area. Staff recommends approval. (Action:  approval or disapproval of staff recommendation.
 
C.
PUBLIC HEARING AND RESOLUTION approving the exchange of City-owned property described as Lots 9-12, Block 53, including land in the vacated railroad right-of-way currently located in the Library's parking lot, for Stockman Bank-owned property described as Lots 7-12, Block 49, Fosters Addition; approval of the Exchange Agreement and approval of the Parking Agreement. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
5.
PUBLIC HEARING AND RESOLUTION creating SILMD 308, Chrysalis Acres Subdivision, Phase II. Staff recommends approval. (Action:  approval or disapproval of staff recommendation.)
 
6.
PUBLIC HEARING AND RESOLUTION creating SILMD 309, Rimrock Road from Stanford to Forsythia Boulevard. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
7.
PUBLIC HEARING AND FIRST READING ORDINANCE providing that the BMCC be amended by revising portions of Sections 4-300 and 4-400 of said code updating language for definitions; keeping of wild animals; impoundment of abused, mistreated, or neglected animals; potentially dangerous animals; small animals at large; small animals in city parks or public lands; loosing of animals; vaccination of dogs/cats for rabies;  small animal owner's promise to appear; registration; proof of vaccination; animal control officer, disposition of unclaimed animals, and penalties. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
8.
PUBLIC HEARING AND RESOLUTION setting Building, Electrical, Plumbing and Mechanical Permit Fees. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
9.
PUBLIC HEARING AND RESOLUTION assessing FY2012 Solid Waste collection, disposal, and landfill fees. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 
 
10.
PUBLIC HEARING AND RESOLUTIONS setting annual FY2012 assessments for Park Maintenance Districts; Light Maintenance Districts; Fire Hydrant Maintenance; Street Maintenance; Storm Sewer; Arterial Construction; Tourism Business Improvement District; Business Improvement District; and imposing annual all-purpose mill levy and mill levies for Library operation, Transit operation, and Public Safety Funds.Staff recommends approval.  (Action:  approval or disapproval of staff recommendation.)
 
11.
PUBLIC HEARING AND RESOLUTION approving and adopting the Fiscal Year 2012 City of Billings Budget. Staff recommends holding the public hearing and delaying approval and adoption until June 27, 2011. (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 offered here are limited to three (3) minutes. Please sign up on the clipboard located 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.