**ATTENTION**
Due to the COVID-19 health concerns, the format of the City Council meeting will be held in a virtual videoconferencing environment. Councilmembers will attend the meeting via a remote location, using a virtual meeting method. City Hall and the Council Chambers will be closed during the meeting. 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: https://ci.billings.mt.us/117/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 in which to view the meeting.
- On the City's website at https://ci.billings.mt.us and click on "Watch Meetings Online".
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.
- Call in during the Public Comment periods as indicated on the agenda:
- Citizens may call in during specific Public Comment periods at 406.237.6196. All callers will be placed in a queued system and are asked to remain on hold and be patient. Calls will be taken in the order in which they are received. Callers will be limited to 3 minutes of testimony as is customary.
Future delivery methods may be explored as best practice is learned.
Please contact Denise Bohlman, City Clerk, bohlmand@billingsmt.gov, with any questions.
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| CITY COUNCIL REGULAR BUSINESS MEETING |
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| AGENDA | |||
| Billings Public Library and remotely via virtual meeting room. Please see coversheet for details and instructions for viewing and participation. |
March 22, 2021 | 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,
Yakawich,
Neese,
Ewalt,
Joy,
Choriki,
Purinton,
Ronning,
Boyett,
Brown
COVID-19 Update by Joint Information Center - Melanie Schwarz, BSED
MINUTES: March 8, 2021
COURTESIES:
PROCLAMATIONS: National Service Day - April 6, 2021
COUNCIL REPORTS:
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 2a, 7 and 10 ONLY. Speaker sign-in required. (Comments are limited to three (3) minutes or as set by the Mayor. During COVID-19, the method to take and hear public comment has changed. Individuals wishing to give public comment will call a dedicated phone line (237.6196) and held in queue until it is their turn to comment. 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.)
1.
CONSENT AGENDA
--
Separations:
A.
Mayor Cole recommends that Council confirm the following appointments:
1.
Mayor Cole recommends that the City Council confirm the appointment to the following board.
*1 Unexpired term of Larry Brewster
| Name | Board/Commission | Term | ||
| Begins | Ends | |||
| 1 | Laura Drager | Parks, Recreation & Cemetery Board* | 03/08/21 | 12/31/21 |
B.
Bid Awards:
1.
Airport Commercial Ramp Construction Project, Schedule 3. (Opened 3/9/2021) Recommend KnifeRiver Construction; $1,071,588.50.
C.
Contract with JBT AeroTech to purchase and install eight (8) new passenger boarding bridges at the airport; $5,442,545.
D.
2021 High Intensity Drug Traffic Area (HIDTA) award from the Executive Office of the President, Office of National Drug Control Policy; $228,697.
E.
Preliminary Subsequent Major Plat of Annafeld North Subdivision, 1st Filing located on the north side of Elysian Road and west of the Hogan Slough; McCall Development, Inc., owner; Sanderson Stewart, agent.
* Quasi-Judicial
* 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.
* 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.
F.
Preliminary Subsequent Major Plat of Annafeld North Subdivision, 2nd Filing located north of Elysian Road and east of East Lane; McCall Development, Inc., owner; Sanderson Stewart, agent.
* Quasi-Judicial
* 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.
* 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.
G.
Preliminary Subsequent Minor Plat of Shiloh Crossing Subdivision, Amended located between Shiloh Road and Shiloh Crossing Boulevard; Opportunity Bank, owner; Stahly Engineering, agent.
* Quasi-Judicial
* 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.
* 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.
H.
Preliminary Subsequent Major Plat of Parkland West Subdivision, 7th Filing located on the east side of South 36th Street West between Crater Lake and Rachelle Circle; Rod Lorenz, owner; WWC Engineering, agent.
* Quasi-Judicial
* 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.
* 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.
I.
Resolution authorizing the issuance and public sale for refunding of the General Obligation (GO) Library Bonds.
J.
Resolution ordering improvements identified in W.O. 20-12: South 32nd Street West.
K.
Second and Final Reading Ordinance granting a non-exclusive franchise to Montana Dakota Utilities for the operation of a gas distribution system.
L.
Bills for the Weeks of:
1.
February 16, 2021
2.
February 22, 2021
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 AND RESOLUTION creating SID 1416, Gleneagles Boulevard. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution creating SID 1416, as recommended by staff.
- Presented by: Debi Meling, Public Works Director
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution creating SID 1416, as recommended by staff.
a.
PROFESSIONAL SERVICES CONTRACT for SID 1416, Gleneagles Boulevard; Stahly Engineering and Associates; $104,548. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: I move to approve the Professional Services Contract for SID 1416, as recommended by staff.
- Presented by: Debi Meling, Public Works Director
Recommended Motion: I move to approve the Professional Services Contract for SID 1416, as recommended by staff.
3.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 989: a zone
change
from EBURD-Central Works to EBURD-Industrial Sanctuary located at 5 North 16th Street
.
J & S Properties, Inc., owner; Simonsen Architect, agent.
Zoning
Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.)
* Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 989 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
* 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.
- Presented by: Nicole Cromwell, Zoning Coordinator
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 989 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
* 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.
4.
PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 20-05B: a property located West of AJ Way and North of Highway 3. Aviation Properties, LLC, petitioner. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.)
* Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 20-05B, as recommended by staff.
* 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.
- Presented by: Monica Plecker, Planning Division Manager
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 20-05B, as recommended by staff.
* 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.
5.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 987: a zone
change from Agricultural (A) to Highway Commercial (HC/CX) on Tracts 1A and 1B of COS 1889, located east of Billings Flying Service at 3655 AJ Way
. Aviation Properties, LLC, owner; Collaborative Design Architects, agent.
Zoning
Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.)
* Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 987 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
* 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.
- Presented by: Nicole Cromwell, Zoning Coordinator
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 987 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
* 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.
6.
PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 20-05A: a property located East of AJ Way. Aviation Properties, LLC, petitioner. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.)
* Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 20-05A, as recommended by staff.
* 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.
- Presented by: Monica Plecker, Planning Division Manager
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 20-05A, as recommended by staff.
* 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.
7.
DEVELOPMENT AGREEMENT with Aviation Properties, LLC, for infrastructure improvements on COS 2037, Tract 14A, north of Highway 3 and west of the airport. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: I move to approve the development agreement with Aviation Properties, LLC, as recommended by staff.
- Presented by: Debi Meling, Public Works Director
Recommended Motion: I move to approve the development agreement with Aviation Properties, LLC, as recommended by staff.
8.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward I to include recently annexed property in Annexation 20-05A: a parcel located north of Highway 3 and East of AJ Way; legally described as portions of tracts 13 and 14, of Certificate of Survey No. 2037 totaling approximately 27.488 gross and 25.956 net acres. Aviation Properties, LLC, petitioner. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the First Reading Ordinance expanding the boundaries of Ward I, as recommended by staff.
- Presented by: Monica Plecker, Planning Division Manager
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the First Reading Ordinance expanding the boundaries of Ward I, as recommended by staff.
9.
PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 21-02: a property located south of South Frontage Road, east of East Lane and north of Elysian Road and west of Hogan's Slough. Crown Enterprises, Inc., petitioner. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.)
* Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 21-02, as recommended by staff.
* 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.
- Presented by: Monica Plecker, Planning Division Manager
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 21-02, as recommended by staff.
* 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.
10.
DEVELOPMENT AGREEMENT with Crown Enterprises for property located south of the Frontage Road and east of East Lane. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: I move to approve the development agreement with Crown Enterprises, as recommended by staff.
- Presented by: Debi Meling, Public Works Director
Recommended Motion: I move to approve the development agreement with Crown Enterprises, as recommended by staff.
11.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward III to include recently annexed property in Annexation 21-02: a parcel located south of South Frontage Road, east of East Lane and north of Elysian Road and west of Hogan's Slough; legally described as Lot 5A, of Amended Plat of Lots 2, 3, 4, and 5 of, QFC Subdivision, First Filing, totaling approximately 19.240 gross and 16.000 net acres. Crown Enterprises, Inc., petitioner. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the First Reading Ordinance expanding the boundaries of Ward III, as recommended by staff.
- Presented by: Monica Plecker, Planning Division Manager
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the First Reading Ordinance expanding the boundaries of Ward III, as recommended by staff.
PUBLIC COMMENT
on "NON-AGENDA ITEMS". Speaker Sign-in required. (Comments are limited to three (3) minutes or as set by the Mayor. During COVID-19, the method to take and hear public comment has changed. Individuals wishing to give public comment will call a dedicated phone line (237.6196) and held in queue until it is their turn to comment.)
COUNCIL INITIATIVES:
ADJOURN:
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