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| CONSENT AGENDA ITEM 1D REVISED ON 8/19/21 REGULAR AGENDA ITEM 4a(i) LOCATION DESCRIPTION ON AGENDA ONLY REVISED ON 8/20/21 ITEM 3b NOTED AS BEING A NON-PUBLIC HEARING ITEM FOR PUBLIC COMMENT ON AGENDA ONLY 8/20/21 CITY COUNCIL REGULAR BUSINESS MEETING |
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| AGENDA |
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| COUNCIL CHAMBERS | August 23, 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
Choriki, Purinton, Ronning, Boyett, Brown
MINUTES:
- July 26, 2021
- August 9, 2021 (Pending)
COURTESIES:
PROCLAMATIONS:
- National Recovery Month
COUNCIL REPORTS:
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 3b, 4b, 5b, and 6b 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.)
1.
CONSENT AGENDA
--
Separations:
A.
Bid Awards:
1.
Aerial Ladder Apparatus. (Opened 8/3/21) Recommend Pierce Manufacturing; $1,135,121.
B.
General Contractor/Construction Manager (GC/CM) Preconstruction Services Contract for W.O. 19-12: West End Raw Water Pipeline Project with COP Construction; $98,987.
C.
Consultant Agreement for W.O. 21-42: SBURA Gravel Streets Improvements, Phase I with Sanderson Stewart; $637,100.
D.
Terminating the Purchase and Sale Agreement for Stillwater Building.
E.
Final plat of High Sierra Subdivision, 10th Filing.
* Quasi-Judicial
F.
Final plat of High Sierra Subdivision, 15th Filing.
* Quasi-Judicial
G.
Bills for the Weeks of:
1.
July 19, 2021
2.
July 26, 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 RESOLUTIONS setting FY22 annual assessments on the following:
a.
Arterial Construction. 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 setting FY22 Arterial Construction Fee Assessment Rates, as recommended by staff.
- Presented by: Jennifer Duray, Public Works Deputy Director
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution setting FY22 Arterial Construction Fee Assessment Rates, as recommended by staff.
b.
Storm Sewer. 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 setting Storm Sewer Assessment Rates, as recommended by staff.
- Presented by: Jennifer Duray, Public Works Deputy Director
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution setting Storm Sewer Assessment Rates, as recommended by staff.
3.
JOHN AND PATRICIA BURG PROPERTY:
a.
JOINT PUBLIC HEARING FOR ANNEXATION 21-06 AND ZONE CHANGE 994
i.
RESOLUTION FOR ANNEXATION 21-06: a parcel located at 2930 US Highway 3. John and Patricia Burg, petitioners. 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 Annexation 21-06, 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 conditionally approve Annexation 21-06, as recommended by staff.
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 994: a zone
change from Residential Rural (RR1) to Suburban Neighborhood Residential (N3) located at 2930 US Highway 3.
John and Patricia Burg, owners.
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 994 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
- Presented by: Monica Plecker, Planning Division Manager
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 994 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
b.
DEVELOPMENT AGREEMENT with John Burg for infrastructure improvements at 2930 US Highway 3. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: I move to approve the Development Agreement with John Burg, as recommended by staff.
Recommended Motion: I move to approve the Development Agreement with John Burg, as recommended by staff.
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward IV to include recently annexed property in Annexation 21-06: a parcel located south of Highway 3 and southeast of Rod and Gun Club Road, totaling approximately 3.311 gross and 2.793 net acres. John and Patricia Burg, owners. 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 IV, 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 IV, as recommended by staff.
4.
CHERRY ISLAND LLC PROPERTY:
a.
JOINT PUBLIC HEARING FOR ANNEXATION 21-08 AND ZONE CHANGE 995
i.
RESOLUTION FOR ANNEXATION 21-08: a parcel located along Cherry Creek Loop. Cherry Island Land, 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 21-08, as recommended by staff.
- Presented by: Monica Plecker, Planning Division Manager and Nicole Cromwell, Zoning Coordinator
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 21-08, as recommended by staff.
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 995: a zone
change from Rural Residential 1 (RR1) and Public 1 (P1) to Suburban Neighborhood Residential (N3) located on the east side of Bitterroot Drive, north of Cherry Creek Loop.
Cherry Island, LLC, owner; Sanderson Stewart, 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 995 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 995 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
b.
PRELIMINARY MAJOR PLAT of Cherry Island Subdivision, generally located between Cherry Creek Loop and east of Bitterroot Drive; Cherry Island, LLC, owner; Sanderson Stewart, agent. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
* Quasi-Judicial
Recommended Motion: I move to approve the Preliminary Major Plat of Cherry Island Subdivision, as recommended by staff.
Recommended Motion: I move to approve the Preliminary Major Plat of Cherry Island Subdivision, as recommended by staff.
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward II to include recently annexed property in Annexation 21-08: a parcel located south of Highway 3 and southeast of Rod and Gun Club Road, totaling approximately 7.906 gross and net acres. Cherry Island Land, LLC, petitioners. 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 II, 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 II, as recommended by staff.
5.
DYK (TKJ DEVELOPMENT, LLC) PROPERTY:
a.
JOINT PUBLIC HEARING FOR ANNEXATION 21-09 AND ZONE CHANGE 997
i.
RESOLUTION FOR ANNEXATION 21-09: a parcel located at King Avenue West and 48th Street West. Mary and Joe Dyk, petitioners. 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 21-09, as recommended by staff.
- Presented by: Monica Plecker, Planning Division Manager and Nicole Cromwell, Zoning Coordinator
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 21-09, as recommended by staff.
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 997: a zone
change from Agriculture (A) to Mixed Use Planned Neighborhood Development (MU-PND) located at the intersection of King Avenue West and 48th Street West.
Thomas and Mary Dyk Trust, owner; Performance Engineering, 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 997 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 997 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
b.
DEVELOPMENT AGREEMENT with TKJ Development, LLC for public improvements north of King Avenue West and east of 48th Street West. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: I move to approve the Development Agreement with TKJ Development, LLC, as recommended by staff.
Recommended Motion: I move to approve the Development Agreement with TKJ Development, LLC, as recommended by staff.
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward V to include recently annexed property in Annexation 21-09: a parcel described as Tracts of Land situated in the SE 1/4 of Section 9 and the SW 1/4 of Section10, T.1S., R.25E, P.M.M., totaling approximately 66.925 gross and 63.711 net acres. Mary and Joe Dyk, petitioners. 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 V, 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 V, as recommended by staff.
6.
CPP, LLC; ARB INVESTMENTS, LLC AND GSB HOLDINGS, LLC PROPERTY
a.
PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 21-07: a parcel located along Calhoun Lane. CPP, LLC; ARB Investments, LLC; and GSB Holdings, LLC, petitioners. 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 21-07, 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 conditionally approve the Resolution approving Annexation 21-07, as recommended by staff.
b.
DEVELOPMENT AGREEMENT with CPP, LLC; ARB Investments, LLC; and GSB Holdings, LLC for public improvements for Tracts A-1 and A-2 of the Amended Tract A, COS 775. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: I move to approve the Development Agreement with CPP, LLC; ARB Investments, LLC; and GSB Holdings, LLC, as recommended by staff.
Recommended Motion: I move to approve the Development Agreement with CPP, LLC; ARB Investments, LLC; and GSB Holdings, LLC, as recommended by staff.
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward III to include recently annexed property in Annexation 21-07: a parcel located along Calhoun Lane, totaling approximately 1.316 gross and net acres. CPP, LLC; ARB Investments, LLC; and GSB Holdings, LLC, petitioners. 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.
7.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 996: a zone
change from Corridor Mixed Use 2 (CMU2) and Mixed Residential 2 (NX2) to Neighborhood Office (NO) and Mid-Century Neighborhood Residential (N2) generally located on Elysian Road, Dodger Lane and Interstate Avenue.
Harmony Meadows, LLC, owner; Performance Engineering, 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 996 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
- 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 996 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
8.
PUBLIC HEARING AND RESOLUTION to amend the Limits of Annexation Map. 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 to amend the Limits of Annexation Map, as recommended by staff.
- Presented by: Wyeth Friday, Planning Director
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution to amend the Limits of Annexation Map, as recommended by staff.
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. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ * 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. |