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CITY OF BILLINGS CITY OF BILLINGS VISION STATEMENT: “THE MAGIC CITY – A VIBRANT, WELCOMING PLACE WHERE PEOPLE FLOURISH AND BUSINESS THRIVES.” AGENDA COUNCIL CHAMBERS November 23, 2009 6:30 P.M. CALL TO ORDER – Mayor Tussing PLEDGE OF ALLEGIANCE – Mayor Tussing INVOCATION – Councilmember Astle ROLL CALL MINUTES: November 9, 2009 COURTESIES PROCLAMATIONS ADMINISTRATOR REPORTS - TINA VOLEK PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: #1, 2, and 3 ONLY. Speaker sign-in required. (Comments offered here are limited to 1 minute per speaker. 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.) (NOTE: For Items not on this agenda, public comment will be taken at the end of the agenda. Please sign up on the clipboard located at the back of the room.) 1. CONSENT AGENDA A. Mayor Tussing recommends that Council confirm the following appointments: Name Board/Commission Term Begins Ends 1. No Applications Human Relations Commission 11/23/09 12/31/10 2. No Applications Human Relations Commission 11/23/09 12/31/10 1. Unexpired term of N. Gregory Kohn. 2. Unexpired term of Everall Fox B. Change Order #1 for engineering services for the Airport Terminal Building 1 B. Change Order #1 for engineering services for the Airport Terminal Building Emergency Electrical Generator Replacement Project; CTA Architects Engineers, $16,350. C. Lease agreement with Yellowstone County for 13 parking stalls at the Downtown Transit Transfer Center, two-year term, $15,600 total revenue. D. Mutual Grant of Easements and Agreement with Aldonna Blain and the Estate of Gerhart Blain for access to storm water detention pond and groundwater monitoring well located at the landfill, at no cost to the City. E. Acceptance of quitclaim deed for a portion of Hesper Road and South 32nd Street West from the Walter Estate, with no financial impact to the City. F. Acceptance of donation from the Breakfast Exchange Club of Billings to the Police Department for purchase of Child ID Kits, $5,000. G. Approval and acceptance of U. S. Department of Homeland Security Grant for the City of Billings Bomb Squad for training and the recalibration of two SABRE 4000 X-ray machines; $16,434. H. Approval of grant application to the U.S. Department of Housing and Urban Development (HUD) for an Economic Development Incentive Grant for environmental remediation and demolition of the former Naval Reserve Center located at 721 N. 22nd Street; $475,000. I. Approval of re-submittal of grant application through the State Coal Board for funding of the 25th Street Pedestrian Bridge over the Montana Rail Link tracks to connect Montana Avenue in the historic district of downtown Billings with the Minnesota Avenue Old Town Neighborhood District; $200,000. J. Resolution of Intent to create SID 1389, public improvements on Clubhouse Way between Greenbriar Road and Cherry Hills Road, and set a public hearing for December 14, 2009. K. Bills and Payroll: 1. October 26, 2009 2. October 30, 2009 REGULAR AGENDA: 2. DOWNTOWN FACADE FUNDING. Authorization for the Downtown Billings Partnership to award FY2010 Tax Increment Finance District Funds from Fund 203 to approve facade, sign/awning program projects in an amount not to exceed $49,999 for a single project. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 3. DOWNTOWN LIBRARY FACILITY PROJECT OPTIONS. Approval of the Library Board 2 3. DOWNTOWN LIBRARY FACILITY PROJECT OPTIONS. Approval of the Library Board of Trustees' recommendation to place the Gainan's project option on the March 2010 ballot as the least expensive of the three options. Staff recommends approval. ( Action: approval or disapproval of staff recommendation.) 4. PUBLIC COMMENT on Non-Agenda Items -- Speaker Sign-in required. (Restricted to ONLY items not on this printed agenda; comments limited to 3 minutes per speaker. Please sign up on the clipboard located at the back of the Council Chambers.) 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. 3 Regular City Council Meeting Date: 11/23/2009 TITLE: Boards & Commissions –Appointments Consent : 1.A. Wynnette Maddox, City Hall PRESENTED BY: Administration Department: City Hall Administration Information PROBLEM/ISSUE STATEMENT Confirmation of the appointments for Board and Commission positions that are vacant due to resignations. ALTERNATIVES ANALYZED None. FINANCIAL IMPACT No financial impact involved. RECOMMENDATION Mayor Tussing recommends that Council confirm the following appointments: Name Board/Commission Term Begins Ends 1. No Applications Human Relations Commission 11/23/09 12/31/10 2. No Applications Human Relations Commission 11/23/09 12/31/10 1. Unexpired term of N. Gregory Kohn 2. Unexpired term of Everall Fox. APPROVED BY CITY ADMINISTRATOR 4 Regular City Council Meeting Consent : 1.B. Date: 11/23/2009 TITLE: Change Order One with CTA Architects Engineers, for the Architectural/Engineering Services for the Emergency Electrical Generator Replacement Project PRESENTED BY: Tom Binford Department: Aviation & Transit Information PROBLEM/ISSUE STATEMENT The Airport Terminal Building Emergency Generator Replacement Project, included in the City's Capital Improvement Program, will replace the existing emergency generator with a significantly larger generator system capable of providing enough backup electricity to operate the whole Airport Terminal Building. During the system design stage, the Airport directed CTA to evaluate three additional items: (1) Cost savings associated with "Peak Shaving," (2) Alternate generator building locations, and (3) The evaluation of the specifications for an alternative generator system that was not included in the original design specifications. These items were not part of the original scope of work on this project and CTA is requesting additional fees for providing these additional services. These items are discussed in greater detail as follows: A "peak shaving" study was implemented to determine if the Airport would realize a significant electrical cost savings by using the new generators to provide power to the Terminal Building during peak electrical demand times when the costs per kilowatt hour is several times greater than the rate during normal electrical usage. CTA's study compared the costs of the implementation and maintenance of the generators against the reduction of electric utility costs for several different sizes of generator sets and found that the Terminal Building's electrical load profile is too flat for peak shaving to provide any significant savings. The original site of the generator building was anticipated to be located on the air carrier parking ramp on the north side of the Terminal Building. However, the most efficient/cost effective electrical backup system utilizes three smaller generators as opposed to one or two larger ones. The extra room needed for the third generator made the building's size too large to be located on the air carrier ramp. Subsequently, locations on the east and west ends of the Terminal Building were studied and a site on the east end of the Terminal was selected. After the project specifications were released to prospective contractors, the Airport received a request from another generator manufacturer, whose system uses a different control system than what was specified, to be added as an approved equal to the bid specifications. After meeting with this generator manufacturer's supplier, CTA spent additional time reviewing this system to ensure it would fully meet the Airport's generator criteria. Based on this review, it was agreed that this system would be added as an approved equal to be considered for this project. It should be noted that adding this generator equipment as an approved equal increased the competition between the generator suppliers, which is one of the contributing factors for the bids received being $150,000 below budget. ALTERNATIVES ANALYZED The Council may: Approve Change Order One with CTA Architects Engineers; or Not Approve Change Order One with CTA Architects Engineers, eliminating the opportunity to pay CTA for work performed. FINANCIAL IMPACT The total cost of Change Order One is $16,350. The contract would increase from $56,680.36 to 5 The total cost of Change Order One is $16,350. The contract would increase from $56,680.36 to $73,030.36. The total adjusted fee is 8.5% of the construction contract, which is below the 10-12% normally expected for this type of project. The source of funding for this Change Order One is the Airport's Passenger Facility Charge capital fund, which has budgeted funds available for the adjusted fees. RECOMMENDATION Staff recommends that the City Council approve Change Order One with CTA Architects Engineers Services Contract in the amount of $16,350 for the architectural and engineering services provided for the Airport Terminal Building Emergency Electrical Generator Replacement Project at Billings Logan International Airport. APPROVED BY CITY ADMINISTRATOR 6 Regular City Council Meeting Consent : 1.C. Date: 11/23/2009 TITLE: Downtown Transit Transfer Center Parking Space Lease with Yellowstone County PRESENTED BY: Tom Binford Department: Aviation & Transit Information PROBLEM/ISSUE STATEMENT While designing the Downtown Transit Transfer Center (DTTC), MET Transit had the opportunity to construct a number of parking spaces for future use. Currently, MET Transit has no immediate need for the parking spaces, so MET Transit is seeking to lease the parking spaces to generate additional revenue to help offset the costs of operating the DTTC. With the start of the construction on the new Federal Courthouse project, Yellowstone County has requested the opportunity to lease some of the spaces until the County is able to accommodate its parking needs on another, County-owned property. Subsequently, the County Commissioners have asked to lease thirteen (13) vehicle parking stalls, located on the northwest side of the DTTC, on a net basis from the City of Billings MET Transit. The term of the Lease shall be two (2) years. The Lease identifies that the lessee is responsible for maintaining the leasehold, and includes the appropriate insurance coverage requirements and indemnification language. Staff is currently examining various other alternatives for the remaining 13 spaces including a public parking option. ALTERNATIVES ANALYZED The Council may: Approve the Lease agreement with Yellowstone County for thirteen (13) parking stalls; or Not approve the Lease agreement with Yellowstone County for thirteen (13) parking stalls. FINANCIAL IMPACT The Lease will generate $650.00 per month for a total of $15,600.00 over the two year term of the Lease. This will be considered operating revenues for MET Transit. RECOMMENDATION Staff recommends that City Council approve the Lease and authorize the Mayor to execute the two-year DTTC Parking Space Lease with Yellowstone County. APPROVED BY CITY ADMINISTRATOR Attachments Link: Parking Lease 7 8 9 10 11 12 13 14 15 16 17 18 19 Regular City Council Meeting Date: 11/23/2009 TITLE: City-Blain Mutual Grant of Easements and Agreement Consent : 1.D. PRESENTED BY: David Mumford Department: Public Works Information PROBLEM/ISSUE STATEMENT The City of Billings and the family of Gerhart Blain (Blain) have worked cooperatively over the past many years. In 1996, the City needed to build a storm water detention pond to hold storm run-off from the landfill. Gerhart and Aldonna Blain sold the City the land needed to build the detention pond (Parcel A). Because the primary access to the Blain property (Parcel B and Parcel C) was across the parcel that was sold to the City, an Access Easement was granted to Blain. In 2006, the City permitted and developed an additional construction and demolition waste disposal area. As part of that approval, the City was required to construct an additional storm water detention pond and a groundwater monitoring well. Although the pond and the monitoring well are on landfill property, it is such steep terrain that reasonable access can only be obtained by traveling across Blain property. Blain has historically permitted the City access for this purpose and agreed to formalize that consent. The Mutual Grant of Easements and Agreement will formalize these easements. ALTERNATIVES ANALYZED The City Council may: Authorize the Mayor to sign the Mutual Grant of Easements and Agreement with Aldonna Blain and the Estate of Gerhart Blain. Not authorize the Mayor to sign the Mutual Grant of Easements and Agreement with Aldonna Blain and the Estate of Gerhart Blain. FINANCIAL IMPACT There is no financial impact to the City of Billings. RECOMMENDATION Staff recommends that the City Council authorize the Mayor to sign the Mutual Grant of Easements and Agreement with Aldonna Blain and the Estate of Gerhart Blain. APPROVED BY CITY ADMINISTRATOR Attachments Link: City-Blain Mutual Grant of Easements and Agreement - ATTACHMENT A Link: City-Blain Mutual Grant of Easements and Agreement - ATTACHMENT B 20 MUTUAL GRANT OF EASEMENTS AND AGREEMENT The parties to this agreement are Aldonna Blain and the Estate of Gerhart Blain (“Blain”), as easement grantors and easement grantees, as provided below, and City of Billings (“Billings”), Montana, a municipal corporation, as easement grantor and easement grantee, as provided below. RECITALS For purposes of clarity and to avoid ambiguity as to the intent of the parties to this Agreement, the parties recite the factual circumstances giving rise to this instrument: Blain granted fee to the lands described below as Parcel A to Billings to allow it to construct a needed storm water detention pond, and Billings granted an easement over and across Parcel A, to serve Blain’s properties described below as Parcel B. With the consent and cooperation of Blain, Billings has enjoyed access over and across Parcel B to service its monitoring well located near Parcel B. While the monitoring well is located upon property belonging to Billings, it is of such steep terrain that reasonable access can only be obtained by traveling across Blain’s property. Blain has historically permitted this access by Billings for this purpose and agrees to formalize that consent in this Mutual Grant of Easements. As the storm water detention pond was constructed by Billings, Blain resumed access to Blain property on a roadbed which was essentially on the same alignment as the roadbed which Blain had utilized prior to granting Parcel A to the City. Billings has historically permitted this access by Blain for this purpose and agrees to formalize that consent in the Mutual Grant of Easements. It is the best of the parties’ understanding that this roadbed, referred to herein as ‘the Present Traveled Way‘, came into existence either as a service road for the Conoco pipeline that traverses the Blain property, or may have come into existence, at least in part, as County Road 132. However, the parties agree that the Present Traveled Way on Blain property is, and has been for a period of time greater than forty (40) years, used by Blain as an aircraft runway. The parties doubt that County Road 132 was ever located co-existent with the runway and Billings makes no claim and by way of this instrument waives and abandons any claim that the Present Traveled Way is or ever was a part of County Road 132. Photographic evidence shows that in the mid-1960s the Yellowstone River encroached southward into the area that is described herein as Parcel A and eliminated all traveled ways across Parcel A and the Blain property. Thereafter, Stratton Road was constructed and Stratton Road provided all public access to the west of Parcel A with only Blain traversing Parcel A to have access to and from the Blain property for Blain family and aviation business purposes. 21 1 Further, County Road 132, as it is laid out on historical maps and aerial photographs, appears to run across extremely steep terrain and traverses the active landfill operations of Billings and therefore cannot provide reasonable access to Billings, as the road would be nearly impossible to construct as laid out and would interfere with landfill operations. From this practical standpoint, it is inferred that County Road 132, if and when constructed, was positioned north of the landfill owned by Billings, but the exact location of County Road 132 is not known at this time. Blain is willing to continue to provide access across parcel B in order that Billings may conduct maintenance activities in a reasonable manner of its storm water detention pond located adjacent to parcel B, which pond has been constructed in recent years and is anticipated to require maintenance by dredging and the like over time. A petition has been filed before the Yellowstone County Commissioners requesting the County to abandon any roadway arising from the declaration of County Road 132 as that roadway would or did traverse the City’s lands and other lands. Both parties desire to formalize their friendly and cooperative historical agreements and to make those agreements permanent in nature. NOW, THEREFORE, IT IS AGREED: That Blain does grant to Billings an easement over and across Parcel B as below defined. Easement on Parcel B as Servient Tenement: The easement granted to Billings by Blain is a personal easement in gross to Billings, as grantee, its employees, independent contractors, and the like, in order to allow the City to maintain the existing monitoring well and storm detention pond on its land, to terminate at such time as the City is no longer required to maintain both of these facilities. The easement granted to Billings by Blain shall consist of a roadway easement for ingress and egress located within the 300 foot strip which lies northerly of the south boundary of Parcel B, which is the boundary between the City landfill and Blain property, and is illustrated by Exhibit #1. The road shall be constructed with a center line as determined by Blain with a road top sufficient to provide access by standard motor vehicle to Billings’ monitoring well and storm detention pond. Blain shall construct the road. Construction shall occur with cooperation between Blain and Billings, consonant with the historical practices between the parties. Upon construction of the roadway, Billings shall cease traveling upon the present route which utilizes several thousand feet of the aircraft runway located on the Blain property. 22 2 The scope of the easement shall be for motor vehicle and heavy equipment travel to access the monitoring well and storm water detention pond presently located on Billings’ property near the Blain-Billings boundary, so that Billings may operate and maintain these facilities as they from time to time require. Billings shall have the right to maintain the road as it elects, as necessary from time to time, to allow Billings to move heavy equipment to the storm water detention pond to maintain, reconstruct, dredge, or otherwise service the storm water detention pond so as to maintain it in compliance with the requirements imposed upon Billings. Blain shall retain the right to reasonably relocate the road if required to do so by natural events such as hillside slippage or river flooding and to accommodate the future development, if any, of the Blain property. Such relocation shall occur in a reasonable manner so as to continue to provide reasonable access for Billings under this easement. Blain, their successors or assigns, shall be entitled to use the roadway for all purposes, but such use of the roadway by Blain shall not impose an unreasonable interference with Billings’ use of the road. Nor shall Billings’ use of the road impose an unreasonable interference with Blain’s use of the road. In addition, Billings shall have the right to use the roadway and to traverse Parcel B off the roadway in a reasonable manner in order to maintain the fence along the northern boundary of Billings’ property and the southern boundary of Parcel B. When conducting operations off the roadway, Billings shall act in a reasonable manner so as to minimize the damage to the surface of the land and shall restore any damage to the surface caused by the fencing activity so as to prevent the establishment of noxious weeds on Parcel B. In conducting fencing, Billings shall not traverse landscaped areas which serve the residents presently on Parcel B or any residences constructed in the future on Parcel B. Easement on Parcel A as Servient Tenement: Billings granted an access easement to Blain on or about July 8, 1996, over and across Parcel A, which was filed under Document No. 1840273. The parties have reviewed this easement and determined the writing does not adequately express the intent of the parties. Accordingly, Billings grants to Blain an amendment to this easement as set forth below: The easement shall be construed to serve the lands owned by Blain at the time of the grant (described as Parcel B below) and those lands described as Parcel C and the Meadowlark Mobile Home Court formerly known as Blain Mobile Home Court, according to the existing roadways presently in use. The easement shall include the right to construct utilities, over and across Parcel A to serve Parcel B and C , provided that such construction is conducted in a manner so as to not impair the functionality of the storm water detention pond constructed on Parcel A by Billings. Utilities shall be deemed to include gas, sewer, electric, telephone, fiber optic, and such other services as are or come into common use to serve improved properties. 23 3 In the event that it is advisable, in light of Billings’ need to maintain the integrity of the storm water detention pond, the placing of utilities upon Parcel A shall be located outside the 25 foot wide corridor described in the 1996 easement, the parties shall select a location for the utilities upon Parcel A. Lands Burdened by and Served by the Easements Granted Herein: Parcel A: Lot 1, of Jellison Road Detention Pond Subdivision, located in Section 30, Township 1 South, Range 26 East, Yellowstone County, Montana, according to the official plat on file in the office of the Clerk and Recorder of said County, under Document #1840272. Parcel B: The lands held by Aldonna Blain and Gerhart Blain or Blain Mobile Home Court, Inc. at the time of the 1996 easement granted by Billings, more particularly described as these lands within Township 1 South, Range 26 East, P.M.M., Yellowstone County, Montana: Section 19: South 1/2 SE1/4, lots 8 9 10, and 11; Section 20: lot 8, S1/2SW1/4; Section 29: Tracts 2 and 3, Certificate of Survey 796 Sections 20 and 29: Tracts 1 through 6, Certificate of Survey 926; and Certificate of Survey 990; Section 30: NE1/4 and Lots 2 and 4; EXCEPTING therefrom, Certificate of Survey 1098 Amended; and Jellison Road Detention Pond Subdivision, and a portion of Lot 5, more particularly described as follows: Beginning at a point on the westerly boundary of said Lot 5, which point is 372.7 feet northerly from the southwest corner of said Lot 5; Thence North 57º 24’ East a distance of 1,290 feet; Thence North 50º14’ East a distance of 307.3 feet to the easterly boundary of said Lot 5; Thence Northerly along the said easterly boundary a distance of 45.7 feet to the northeast corner of said Lot 5; Thence Westerly along the northerly boundary of Lot 5, a distance of 1,320 feet to the northwest corner of said Lot 5; Thence Southerly along the westerly boundary of said Lot 5 a distance of 947.3 feet to the point of beginning. Parcel C: Township 1 South, Range 25 East: Section 25: Lot 6, East half of Lot 5, E1/2SW1/4SE1/4, SE1/4SE1/4; Section 36:That part of the East half NW1/4NE1/4 and fractional W1/2NW1/4NE1/4 lying south of the center line of the county road.; Township 1 South, Range 26 East; Section 30: Lots 3, 7, 8, 9 and Lot 6. 24 4 The easements herein shall run with the land benefited as above described and be binding upon the heirs, successors, and assignees of the grantors and the grantees, except, the easement burdening Parcel B shall be personal to Billings and shall exist so long as requires the easement to serve the purposes above described and shall not be construed as a general easement to the public for any purpose. Dated: __________________ THIS EASEMENT is hereby accepted pursuant to City Council approval on _________________________, 2009. CITY OF BILLINGS, a Montana Municipal Corporation By: ___________________________ RON TUSSING, MAYOR ATTEST: ____________________________ CARI MARTIN, City Clerk 25 5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. CITY: CITY OF BILLINGS, a Montana Municipal Corporation By: _____________________________________ RON TUSSING, Mayor ATTEST: By: CARI MARTIN, City Clerk STATE OF MONTANA) : ss. County of Yellowstone ) On this ______ day of _____________, 2008 before me, a Notary Public for the State of Montana, personally appeared RON TUSSING and CARI MARTIN, known to me to be the Mayor and City Clerk, respectively, of the City of Billings, Montana, and acknowledged to me that they executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ___________________________ (Signature) ________________________ (Printed Name) Notary Public for the State of Montana Residing in Billings, Montana My Commission Expires: ____________ (NOTARIAL SEAL) Dated: _____________________ STATE OF MONTANA County of Yellowstone _____________________________________ Aldonna Blain, individually and as Personal Representative of the Estate of Gerhart Blain ) : ss ) 26 6 On this _____ day of ___________, 2009, before me a Notary Public for the State of Montana, personally appeared ALDONNA BLAIN, individually and as Personal Representative of the Estate of Gerhart Blain, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first above written. ________________________ (Signature) _____________________ (Printed Name) Notary Public for the State of Montana Residing at Billings, Montana My Commission Expires: ____________ (NOTARIAL SEAL) 27 7 LANE 5 4 D00881 ER RIV RIVER OW LL 2 D12216 ST ON D02019 ST ON 3 25 1S25E 5 6 BLAIN SUB O IS LL JE N RO TR 1 TTO STRA N 1 CS 1984 FELLOWS SUB D01167 1 CS 8M 8 23 1 Legend D01166 RD ON IS JE LL parcelX00008 36 1S25E UNPLATTED TR 2 Parcel C CS 2645 2 TR 1B D02029 TR 1 D02044 D12362 14 UNPLATTED PAR K UNPL ATTE D BLVD. TR A -2 28 1S26E R T ES 29 1S26E D02007 D02006 UNPLATTED D02005 K PA R CS 1130 12 D12323 D02024 13 RD TR 2 D02008 TR 1 TR 4 UNPLATTED D02046 TR 18 D02030 D02031 D12324 1 TR 16B 31 1S26E D02045 TR 17 TR 2 D02042A CS 2359 TR 1 6 TR 3 D02042 TR 14A D02032 D02004 TR 19B D02047 TR 1 TR 16A 5 4 D02012 D02012B CS 1443 D02047A Parcel A Parcel B AD D02010 CS 1809 3 UN PLATTED 88 331 CSTR TR 1 D12449 TR 1A 3 D02020A TR 1 D02049 TR 1 TR 1 RO D02009 RD 9 CS 2966 STATE OF MONTA NA TR 3 J AC K S T D02012B D02021 TTON STRA CS 2902 M D01166 TR 6 TR 5 BLAINS MOBILE COURT LC HIL 1 8 1 2 BOLLINGER LN 5 11 TR 1 1 1 TR 2 TR B-2- B TR B1B CS 796 D02022 TR 2 AD CS 2965 1 1 7 TR 1 6 TR 5 CS 2956 D12448 BLAIN SUB 5 CS 1788 TR 6 D02025 D02043 D02061 X00017 D02051 STATE OF MONTANA 32 1S26E TR 1 CS 2090 UNPLATTED UNPLATTED D02062 33 1S26E This document is intended for informational purposes only and is not guaranteed to be accurate nor current. CS 2894 CS 1598 CS 1703 TR 1 TR 1 TR 2 D02026 TR 2 28 TR 2 UNPLATTED TR 1 LCREST ROAD D00885 ST D01940 TR B1-A-2 TR A-1 UNPL ATTE D CS 1098 AM D12447 TR 1 6 7 TR B2A 8 BOLLINGER SUB AD RO D02023 TR 3 D00886 T 30 1S26E D02020 4 8 TR 1 UNPLATTED 3 S JIM L JE D02013 4 26 CITY OF BILLINGS 1 E AN D O 1 1 UNPLATTED OW LL 2 TR B1A -1 4A SANITARY LANDFILL YE TR 5B1 DAN I ST AD ON LI S D D12297 E YE TR 2 CS 1 50 1 1 RO ST AM CS 926 TR 1 TR 2 5 CS 1 50 2 RN 29 1 2ND AM 2A NE LA 6 2 10 UNPLATTED N SO L LI JE A RO ON N IS TIO LL B JE TEN S U DE ND PO 2 D00882 CS 2273M D01941 NE TR 4B3 TR 3 CS 1 50 4 CS 1 50 3 BOLLINGER ACREAGE TRACTS AM AY DW D00883I D02018 T 6 8 CS 2168 S JIM CS 796 1 CS 2273 4 ST K JAC TR 2B2 AM TR 4B4 TR 4A2 D01933 TR 8 TR 2A1 TR 2B1 TR 4A1 1 15 A ST TR 1A BLAINS MOBILE COURT D01924 UNPLATTED TR 1 AM ED 5 3A CS 990 11 UNPLATTED AM 10 TR ALDONNA ST D00883A TR 1 E ST STEV D00883H TR 2A2 14 1 D01954 4 A SH 30 19 TR 1A 6 2 3 SUB D01938 TR 7 TR 2 1 8 7 ACER DR 5 4 RICHARD ST SA 16 3 SUMAC DR. UNPLATTED D01923 6 12 D01922 TR 6 TR 1A 3 TR 2A D01934 2A 9 QU ANTA 14 8 13 CS 1 48 0 10 13 UNPLATTED D01921 TR 5 CS 1454 CS 2273M 9 YE 2 D00876 10 D01942 1 8 TR A 4 TR 1C 1A 10/19/2009 YELLOWSTONE COUNTY GIS M:\pubworks\JellisonRd\tolleverexhibit1.mxd ER TR 4 CS 1 50 5 CO L LI 1 WILLOW DR 12 1 CS 566 SANTIAGO BEAVE R DR ZEIL ER ACR EAGE TR ACTS 2 12 CS 646 TR 2 CS 646 D01920 CS 1287 UNP LATTED AVE CS 1118 TR 1 1 2 PA RK CS 1686 AM 8 3 QUANTA ROAD 8 2ND FIL 14 NIE HE NKE D01919 TR 3 D01961 D01948A 20 1S26E D01935 ER CS 667 CREEK 13 7 D00878 D00879 RI V 3 5 WHITE SUB BLUE SUB 19 1S26E D01918 6 7 LANE 2 SHACK LEFO RD 7 2 TR 1 LOW QUANTA CS 3004 1 YEL ER E FE 9 TR 2 D01928 R IV N ST O N 3 TR 1 AM TR 4A TR 4 YELLOWSTONE CS 3317 SUB D01929 D01917 TR 1 D00880 A33934 CS 658 CS 1156 D01926A TR 2 2C2 2C1 24 1S25E D01948 TR 4 2B2 21 1S26E 20 A ST NN 2A1 B 4 TR 1A A TR 2 E 2B1 1 5B2 A C12069 AM 7 TR 2 CS 1237 4 RIVER GR OVE ES TATES CS 1802 TR 1 1 1 3 A33933 D01936A ON AM 1ST FIL AVE NUE CO MMERCIAL DFC CEN TER 5D Y 2 19 ST SHACKELFORD - 5B1A STOR 18 22 23 19 LAZY WILLOW LN CROSSING ROAD LL OW 2A1A LN HA RNIS H B LV D AM 5C 2 5A2 A 5A1A 11 5B AV E CE NTER TR 6A SUB 5A 18 TR 3B LN 4 EAST BOTTREL L 1 2 6 UNPLATTED 1 CS RESTADS COURT 688 21 EAS T TR 1C C12226C AM E CL CIR 10 D01916 1 C12225 C12222 3 11 S AR N STE 1 DO AL CS 1391 TRA DE D01925 8 PL D00863 1 4 ESTATES 5 UNPLATTED TR 1B D00865 1 FORD TONE CS 1391 LANE Exhibit 1 2 To mutual grant of easement 5 Blain et all and City of Billings D00866 TR 1A LEE'S SUB GROVE MULLOWNEY S AM 24 RIVER 15 PL TR 1 D01915 1 MAY O D00860 2ND AM ON NIS FR CS 234 TR 5 D00856 KE N D00855 TR B RD GE A NT PAR K AD O ILR RA Regular City Council Meeting Date: 11/23/2009 TITLE: Quitclaim Deed for Hesper Road and South 32nd Street West Consent : 1.E. PRESENTED BY: David Mumford Department: Public Works Information PROBLEM/ISSUE STATEMENT The Walter Estate, owner of property at South 32nd Street West and Hesper Road, is proposing to quitclaim an existing 30-foot road easement along the property. Berry Y & V, the property owner of Certificate of Survey 1712 located south of the Walter Estate property, is proposing to construct public water and sanitary sewer in South 32nd Street West. Berry Y & V is going to propose to annex its property to be served by water and sanitary sewer. It becomes necessary for the current road easements owned by the Walter Estate to be quitclaimed to the city in order for city water and sanitary sewer to be located within the road. Attached is a copy of the quitclaim deed with an exhibit attached to it. ALTERNATIVES ANALYZED The Council may: • Accept the quitclaim deed of portions of Hesper Road and South 32nd Street West; or • Not accept the quitclaim deed. FINANCIAL IMPACT There is no significant financial impact with acceptance of the quitclaim deed. RECOMMENDATION Staff recommends that Council accept the quitclaim deed for a portion of Hesper Road and South 32nd Street West. APPROVED BY CITY ADMINISTRATOR Attachments Link: Quitclaim Deed 29 30 31 32 33 Regular City Council Meeting Consent : 1.F. Date: 11/23/2009 TITLE: $5,000 Donation from Breakfast Exchange Club of Billings for Child ID Kits PRESENTED BY: Rich St. John Department: Police Information PROBLEM/ISSUE STATEMENT A $5,000 check was received from the Breakfast Exchange Club of Billings to purchase Child ID Kits for the Crime Prevention Center (CPC). These Child ID Kits are handed out at various events such as Farmers Market, Bike Rodeo, Health and Safety Fairs, neighborhood watch programs, daycare centers, or requests from the Police website. The check has been deposited into the crime prevention donations account. City Council is being asked to approve acceptance of the $5,000 donation from the Breakfast Exchange Club of Billings for the purchase of Child ID Kits. ALTERNATIVES ANALYZED The City Council may: Approve acceptance of the $5,000 donation check for the purchase of Child ID Kits; or Not approve acceptace of the $5,000 donation check for the purchase of Child ID Kits. FINANCIAL IMPACT This donation will be used solely for the purchase of Child ID Kits. RECOMMENDATION City Council is being asked to approve acceptance of the $5,000 donation from the Breakfast Exchange Club of Billings for the purchase of Child ID Kits. APPROVED BY CITY ADMINISTRATOR 34 Regular City Council Meeting Date: 11/23/2009 TITLE: 2009 Homeland Security Grant for Bomb Squad - $16,434 Consent : 1.G. PRESENTED BY: Rich St. John Department: Police Information PROBLEM/ISSUE STATEMENT The State of Montana has $16,434 available through the FY 09 U. S. Department of Homeland Security Grant Program for the City of Billings Bomb Squad for training and for the recalibration of two SABRE 4000 X-ray machines the City currently owns. The grant period is October 29, 2009, through June 30, 2011. Staff recommends City Council approve and accept this grant in the amount of $16,434 and authorize the Mayor to sign the award letter. The award documents are on file in the City Clerk's Office. ALTERNATIVES ANALYZED The City Council may: Approve the FY 09 U. S. Department of Homeland Security Grant for the Bomb Squad in the amount of $16,434; or Not approve the FY 09 U. S. Department of Homeland Security Grant for the Bomb Squad in the amount of $16,434. FINANCIAL IMPACT There is no financial impact to the City as there is no City match required for this grant. RECOMMENDATION Staff recommends City Council approve and accept this grant in the amount of $16,434 and authorize the Mayor to sign the award letter. APPROVED BY CITY ADMINISTRATOR 35 Regular City Council Meeting Consent : 1.H. Date: 11/23/2009 TITLE: Accept Economic Development Incentive (EDI) Grant for Naval Reserve Center Remediation and Demolition PRESENTED BY: Bruce McCandless Department: City Hall Administration Information PROBLEM/ISSUE STATEMENT The City of Billings requested that the Montana Congressional Delegation ask for federal funding for remediating environmental contamination and for demolishing the former Naval Reserve Center, located at 721 N. 22nd Street. The City leased the property to the Navy from 1946 until 2006. Over that time, the Navy constructed four building pods that the Navy and Marine Reserves occupied, plus several outbuildings. As with most buildings that were built in this era, this buildings are contaminated with materials that contain asbestos, plus a small amount of lead and mold. The City requested that the Navy demolish the buildings when it vacated the property but Navy representatives said it lacked the statutory authority or funding to comply. The Congressional Delegation was able to secure a $475,000 appropriation under the Economic Development Incentive grant program, administered by the US Dept. of Housing and Urban Development (HUD). The City needs to officially approve the grant application and its receipt under standard conditions so that HUD can make the grant to the City and make funds available by next spring for the building demolition. ALTERNATIVES ANALYZED The Council may: Approve the application; or Not approve the application. FINANCIAL IMPACT The maximum grant is $475,000 and the City may claim only what it spends on the project. There is no match requirement. There will be small project administration costs to prepare specifications and to bid the work and to monitor the in-progress work. Those costs can be recovered from the grant. The property will be restored to pre-building conditions so that it can be used for North Park expansion, for a new Emergency Communications Center or for other yet-to-be-determined uses. RECOMMENDATION Staff recommends that the City Council approve applying for and accepting a $475,000 Economic Development Incentive grant from HUD for environmental remediation and for demolishing the former Naval Reserve Center, located at 721 N. 22nd Street. APPROVED BY CITY ADMINISTRATOR Attachments Link: NRC grant application 36 ,r'È Grant Application Package GRA,T$'ÍS.GOVg Opportunity Title: Fiscaf Year 2009 Economic Development fnitiåtive-Spec Offering Agency: artment of Housinq and Urban Deve GFDA Number: 1"4.25r CFDA Description: Economic Development fnitiative-Special Opportunity Number: Project, Nei -2009-N-00 Competition lD: Opportunity Open Date: Opportunity Close Date: Agency Contact: 09/22/20Lr lIy KeIly RESSIONAL GRANTS DIVISION -mail : Ho.l-.Ly. A . KelJ-yGhud. gov hone: 202-402-6324 This opportunity is only open to organizations, applicants who are submitting grant applications on behalf of a company, state, local or tribal government, academia, or other type of organ¡zation. * Appl¡cat¡on Filing Name: ri +rr çrLy ¡F ur Pi ì I i n¡c Ðrr¡f¡rYÞt M^ñf-n- l\¡ove Form to AppLication for Federaf Assistance ISF-424) Complete t*.ëiffiä; l\¡ove Form to Delete Move Form to Submiss¡on L¡st Opt¡onal Documents for Submission Move Form to Delete tffil Enter a name for the appl¡cat¡on ¡n the Application Filing Name f¡eld. - This application can be completed in its entirety offline; however, you will need to login to the Grants.gov webs¡te during the submission process. - You can save your application at any time by clicking the "Save" button at the top of your screen. -The',Save&Submit,,buttonwi||notbefUnct¡ona|unti|a||reqUireddatafìe|dSintheapp|¡cationarecompIetedandyouc|ickedonthe''checkPackageforErrors''buonand confìmed all data required data fields are completed. Open and complete all of the documents l¡sted in the "Mandatory Documents" box. Complete the SF424 form first, - lt is recommended that the SF-424 form be the fìrst form completed for the appl¡cation package, Data entered on the SF-424 will populate data fields in other mandatory and ootional forms and the user cannot enter data in these fields. - The forms listed ¡n the "Mandatory Documents" box and "Optional Documents" may be predefined forms, such as SF-424, forms where a document needs to be attached, such as the Project Narrative or a comb¡nation of both. "Mandatory Documents" are required for this application. "Optional Documents" can be used to provide additional Supportforthisapp|icationofmaybefequ¡fedforspecifìctypesofgrantactiVity.Referencetheapplicationpackageinstrctionsformoreinfofmat¡on Documents". - To open and complete a form, simply click on the form's name to select the ¡tem and then click on the => button. This will move lhe document to the appropriate "Documents for Submission" box and the form w¡ll be automatically added to your application package. To view the form, scroll down the screen or select the form name and cl¡ck on the "Open Form" button to beg¡n completing the required data fields. To remove a form/document from the "Documents for Submiss¡on" box, click the document name to select ¡t, and then click the

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