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| REVISED 9/9/21 REGULAR AGENDA ITEMS 2a, 2c, 2d AND 3 ATTACHMENTS ONLY CITY COUNCIL REGULAR BUSINESS MEETING |
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| AGENDA |
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| COUNCIL CHAMBERS | September 13, 2021 | 5:30 P.M. |
CALL TO ORDER: Mayor Cole
PLEDGE OF ALLEGIANCE: Mayor Cole
INVOCATION: Councilmember Choriki
ROLL CALL: Councilmembers present on roll call were:
Shaw,
Yakawich,
Neese,
Ewalt,
Joy,
Choriki, Purinton, Ronning, Boyett, Brown
Choriki, Purinton, Ronning, Boyett, Brown
MINUTES:
- August 9, 2021
- August 23, 2021
COURTESIES:
PROCLAMATIONS:
COUNCIL REPORTS:
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 8 and 9 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.
Mayor Cole recommends that Council confirm the following appointments:
1.
| Name | Board/Commission | Term | ||
| Begins | Ends | |||
| 1. | No Applications | Planning Board - Ward II* | 09/13/21 | 12/31/23 |
| 2. | Hannah Reno | Housing Authority* | 09/13/21 | 12/31/23 |
| 3. | No Applications | Housing Authority* | 09/13/21 | 12/31/24 |
*2 Unexpired term of Robert Waller
*3 Unexpired term of Michael Samson
B.
Bid Awards:
1.
2021 Aerial Lift Truck. (Opened 8/17/21) Recommend Altec, Inc., $126,029.
2.
2021 Roll-Off Truck. (Opened 8/17/21) Recommend Western Systems; $189,054.
3.
South Park Hail Repairs. (Opened 8/17/21) Recommend T.W. Clark Construction, LLC; $174,000.
C.
Project Management Software Contract with Osedea, Inc.; $7,400 for the first year; $2,400 for subsequent years.
D.
Professional Services Agreement for W.O. 22-01: Schedules 1 and 2, Water and Sanitary Sewer Main Replacement with DOWL; $1,153,670.
E.
Road Dedication Acceptance for Amended Lake Hills Subdivision, 25th Filing.
F.
Resolution ordering improvements identified in W.O. 21-25: Boulder Avenue Sidewalk.
G.
Resolution declaring an emergency and authorizing payment for W.O. 22-13: Heights Trunk Sewer Repair, Emergency Resolution.
H.
Resolution canceling Municipal General Election for Mayor and Municipal Judge.
I.
Second/Final Reading Ordinance expanding Ward IV (Annexation 21-06): a property located south of Highway 3 and southeast of Rod and Gun Club Road.
J.
Second/Final Reading Ordinance expanding Ward III (Annexation 21-07): a property located along Calhoun Lane.
K.
Second/Final Reading Ordinance expanding Ward II (Annexation 21-08): a property located along Cherry Creek Loop.
L.
Second/Final Reading Ordinance expanding Ward V (Annexation 21-09): a parcel located at King Avenue West and 48th Street West.
M.
Bills for the Weeks of:
1.
August 2, 2021
2.
August 9, 2021
3.
August 16, 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 allocating assessments on the following:
- Presented by: Andy Zoeller, Finance Director
a.
Park District 1
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 a Resolution assessing Park District 1, as recommended by staff.
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 a Resolution assessing Park District 1, as recommended by staff.
b.
General Obligation (GO) Debt
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 a Resolution assessing General Obligation (GO) Debt mill levy rates, as recommended by staff.
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 a Resolution assessing General Obligation (GO) Debt mill levy rates, as recommended by staff.
c.
Park Maintenance Districts
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 a Resolution assessing the Park Maintenance Districts, as recommended by staff.
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 a Resolution assessing the Park Maintenance Districts, as recommended by staff.
d.
Weed Assessments
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 a Resolution assessing the weed abatements, as recommended by staff.
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 a Resolution assessing the weed abatements, as recommended by staff.
e.
SID 1416
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 a Resolution assessing SID 1416, as recommended by staff.
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 a Resolution assessing SID 1416, as recommended by staff.
f.
SID 1417
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 a Resolution assessing the SID 1417, as recommended by staff.
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 a Resolution assessing the SID 1417, as recommended by staff.
g.
SID 1418
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 a Resolution assessing the SID 1418, as recommended by staff.
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 a Resolution assessing the SID 1418, as recommended by staff.
h.
SID 2916
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 a Resolution assessing SID 2916, as recommended by staff.
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 a Resolution assessing SID 2916, as recommended by staff.
i.
SID 2917
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 a Resolution assessing SID 2917, as recommended by staff.
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 a Resolution assessing SID 2917, as recommended by staff.
j.
SID 2918
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 a Resolution assessing SID 2918, as recommended by staff.
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 a Resolution assessing SID 2918, as recommended by staff.
3.
PUBLIC HEARING AND RESOLUTION revising and assessing encroachment rental fees for FY2022. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the Resolution revising and assessing encroachment rentals fees for FY2022, as recommended by staff.
- Presented by: Jennifer Duray, Deputy Public Works Director
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the Resolution revising and assessing encroachment rentals fees for FY2022, as recommended by staff.
4.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCES 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 two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 994 and adopt the findings of the 10 criteria, as approved by the City Council on first reading August 23, 2021.
- Presented by: Monica Plecker, Planning Division Manager
Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 994 and adopt the findings of the 10 criteria, as approved by the City Council on first reading August 23, 2021.
5.
PUBLIC HEARING AND SECOND/FINAL 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 findings of the 10 criteria. (Action: approval or disapproval of Zoning Commission recommendation.)
* Quasi-Judicial
Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve and adopt the findings of the 10 criteria for Zone Change 995, as approved by the City Council on first reading August 23, 2021.
- Presented by: Nicole Cromwell, Zoning Coordinator
Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve and adopt the findings of the 10 criteria for Zone Change 995, as approved by the City Council on first reading August 23, 2021.
6.
PUBLIC HEARING AND SECOND/FINAL 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 two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 996 and adopt the findings of the 10 criteria, as approved by the City Council on first reading August 23, 2021.
- Presented by: Nicole Cromwell, Zoning Coordinator
Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 996 and adopt the findings of the 10 criteria, as approved by the City Council on first reading August 23, 2021.
7.
PUBLIC HEARING AND
SECOND/FINAL 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 two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 997 and adopt the findings of the 10 criteria, as approved by the City Council on first reading August 23, 2021.
- Presented by: Nicole Cromwell, Zoning Coordinator
Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 997 and adopt the findings of the 10 criteria, as approved by the City Council on first reading August 23, 2021.
8.
TAX INCREMENT FINANCE ASSISTANCE from Downtown Urban Renewal District to Billings Community Foundation for renovation at 404 North 30th Street; $98,518. Downtown Billings Partnership Board (DBP) recommends approval. (Action: approval or disapproval of DBP Board recommendation.)
Recommended Motion: I move to approve Tax Increment Finance Assistance from Downtown Urban Renewal District to Billings Community Foundation for renovation at 404 North 30th Street; in the amount of $98,518., as recommended by DBP Board.
- Presented by: Wyeth Friday, Planning Director and Mehmet Casey, DBA Development Director
Recommended Motion: I move to approve Tax Increment Finance Assistance from Downtown Urban Renewal District to Billings Community Foundation for renovation at 404 North 30th Street; in the amount of $98,518., as recommended by DBP Board.
9.
TEAMSTERS LOCAL 190 UNION CONTRACT (7/1/2021-6/30/2024). Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: I move to approve the Teamsters Local 190 Union Contract, as recommended by staff.
- Presented by: Karla Stanton, Human Resources Director
Recommended Motion: I move to approve the Teamsters Local 190 Union Contract, as recommended by staff.
10.
PUBLIC HEARING AND RESOLUTION approving and adopting the budget amendments for FY2022. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the Resolution to adopt the budget amendments, as recommended by staff.
- Presented by: Andy Zoeller, Finance Director
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the Resolution to adopt the budget amendments, as recommended by staff.
11.
JOINT PUBLIC HEARING AND ORDINANCES for the following:
- Presented by: Gina Dahl, City Attorney
a. ADOPT an Interim Zoning Ordinance imposing a moratorium on new marijuana businesses.
Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve an Interim Zoning Ordinance imposing a moratorium on new marijuana businesses, as recommended by staff.
b. ADOPT an Emergency Business License Ordinance imposing a temporary suspension on issuing business licenses to marijuana businesses for ninety (90) days.
Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve an Emergency Business License Ordinance imposing a temporary suspension on issuing business licenses to marijuana businesses for ninety (90) days, as recommended by staff.
Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve an Interim Zoning Ordinance imposing a moratorium on new marijuana businesses, as recommended by staff.
b. ADOPT an Emergency Business License Ordinance imposing a temporary suspension on issuing business licenses to marijuana businesses for ninety (90) days.
Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve an Emergency Business License Ordinance imposing a temporary suspension on issuing business licenses to marijuana businesses for ninety (90) days, 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. |