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| REVISED 11/05/21 Due to the election results of 11.02.2021, Second Reading Marijuana Ordinance was revised and moved from the Consent Agenda to the Regular Agenda; Regular Agenda Item 9 was added. CITY COUNCIL REGULAR BUSINESS MEETING |
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AGENDA
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| COUNCIL CHAMBERS | November 8, 2021 | 5:30 P.M. | |
CALL TO ORDER: Mayor Cole
PLEDGE OF ALLEGIANCE: Mayor Cole
INVOCATION: Mayor Cole
ROLL CALL: Councilmembers present on roll call were:
Shaw,
Yakawich,
Neese,
Ewalt,
Joy,
Choriki, Purinton, Ronning, Boyett, Brown
Choriki, Purinton, Ronning, Boyett, Brown
MINUTES:
- October 11, 2021 (Pending)
- October 25, 2021 (Pending)
COURTESIES:
PROCLAMATIONS:
COUNCIL REPORTS:
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 5, 6, 7, 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
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Separations:
A.
Bid Awards:
1.
Snow Hauling. (Opened 10/19/21) Recommend K2 Civil, Inc.; $175.00 per hour/truck and driver, not to exceed $160,000 per year.
2.
Truck Cabs and Chassis with Refuse Bodies. (Opened 9/21/21) Recommend Schedule I: Montana Peterbilt; $630,802; Schedule II: Western Systems & Fabrication; $181,841.04; and Schedule III:Peterbilt; $269,844.
3.
W.O. 20-01: Phase 2, Sanitary Sewer Interceptor Replacement. (Opened 10/19/21) Recommend Western Municipal Construction, Inc.; $4,035,345.
B.
Council Holiday Schedule.
C.
Purchase 72.77 acres of land north of the Airport for noise buffer from
Alkali Timbers, LLC; $552,000.
D.
Agreement with Power Service of Montana for Transfer Pump H1;$99,270.
E.
Memorandum of Understanding between the City of Billings and Yellowstone County for the sharing of fiber infrastructure.
F.
2021 Domestic Violence Grant, and authorization for the Police Chief to sign all required grant material; $52,603.
G.
Utility Easement with Northwestern Energy to allow installation of new underground electric cables at Rimrock West Park.
H.
Final Plat of Trails West Subdivision, 5th Filing.
* Quasi-Judicial
I.
Resolution to allow street painting in the EBURD and acceptance of grant award from Bloomberg Philanthropies for asphalt art; $25,000.
J.
Bills for the Weeks of:
1.
October 4, 2021
2.
October 12, 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 SECOND/FINAL READING ORDINANCE FOR ZONE CHANGE 999: a zone
change from Corridor Mixed Use 1 (CMU1) to Corridor Mixed Use 2 (CMU2) located at 733 S. 31st St. W. just north of the Mercedes Benz car dealership on King Avenue West. Patricia Harvey, owner; WWC 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 of Zone Change 999 and adopt the findings of the 10 criteria, as approved by City Council on October 25, 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 of Zone Change 999 and adopt the findings of the 10 criteria, as approved by City Council on October 25, 2021.
3.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE FOR ZONE CHANGE 1000: a zone
change from Mid Century Neighborhoods (N-2) to Neighborhood Office (NO) located at 436 Wicks Lane
. Laighton D. Jones, DMD, 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 of Zone Change 1000 and adopt the findings of the 10 criteria, as approved by City Council on October 25, 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 of Zone Change 1000 and adopt the findings of the 10 criteria, as approved by City Council on October 25, 2021.
4.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE FOR ZONE CHANGE 1001: Text amendment to Section 27-1000, 27-1005, 27-1006, 27-1400, 27-1803, related to the regulation of marijuana businesses and to include several recommended amendments by the Zoning Commission to the original draft including a reduction -in the separation distances from dispensaries to protected uses, allowing dispensaries in two more zoning districts, and adding language to ensure there is no waiver of the required separation distances. Zoning Commission recommends approval. (Action: approval or disapproval of Zoning Commission recommendation.)
Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading of Zone Change 1001 and adopt the findings of the 10 criteria, as approved by City Council on first reading October 25, 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 of Zone Change 1001 and adopt the findings of the 10 criteria, as approved by City Council on first reading October 25, 2021.
5.
SECOND/FINAL READING ORDINANCE regulating marijuana and 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 the second reading Ordinance regulating marijuana and marijuana businesses, as approved by Council on first reading October 25, 2021.
- Presented by: Karen Tracy, Assistant City Attorney
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the second reading Ordinance regulating marijuana and marijuana businesses, as approved by Council on first reading October 25, 2021.
6.
TAX INCREMENT FINANCING ASSISTANCE from Downtown Urban Renewal District to DB 10, LLC for a mixed use project located at 14 North 29th Street; up to $320,000. Downtown Billings Partnership (DBP) Board recommends approval. (Action: approval or disapproval of DBP Board recommendation.)
Recommended Motion: I move to approve the Tax Increment Financing Assistance from Downtown Urban Renewal District to DB 10, LLC for a mixed use project located at 14 North 29th Street; as recommended by the DBP Board.
- Presented by: Wyeth Friday, Planning Director and Mehmet Casey, DBA Development Director
Recommended Motion: I move to approve the Tax Increment Financing Assistance from Downtown Urban Renewal District to DB 10, LLC for a mixed use project located at 14 North 29th Street; as recommended by the DBP Board.
7.
TAX INCREMENT FINANCING ASSISTANCE from South Billings Boulevard Urban Renewal District (SBBURD) to GL Development, Inc. for improvements located at 510 Jackson Street; up to $547,305. SBURA Board recommends approval. (Action: approval or disapproval of SBURA Board recommendation.)
Recommended Motion: I move to approve the Tax Increment Financing Assistance from SBBURD to GL Development, Inc. for improvements located at 510 Jackson Street, as recommended by the SBURA Board.
- Presented by: Wyeth Friday, Planning Director and Jim Tevlin, SBBURD Consultant
Recommended Motion: I move to approve the Tax Increment Financing Assistance from SBBURD to GL Development, Inc. for improvements located at 510 Jackson Street, as recommended by the SBURA Board.
8.
TAX INCREMENT FINANCING ASSISTANCE from South Billings Boulevard Urban Renewal District (SBBURD) to Ole Rentals, LLC (DBA Taco John's) for improvements located at 4720 King Avenue East; up to $123,898. SBURA Board recommends approval. (Action: approval or disapproval of SBURA Board recommendation.)
Recommended Motion: I move to approve the Tax Increment Financing Assistance from SBBURD to Ole Rentals, LLC (DBA Taco John's) for improvements located at 4720 King Avenue East, up to $123,898, as recommended by the SBURA Board.
- Presented by: Wyeth Friday, Planning Director and Jim Tevlin, SBBURD Consultant
Recommended Motion: I move to approve the Tax Increment Financing Assistance from SBBURD to Ole Rentals, LLC (DBA Taco John's) for improvements located at 4720 King Avenue East, up to $123,898, as recommended by the SBURA Board.
9.
NOMINATION AND ELECTION OF DEPUTY MAYOR AND DEPUTY MAYOR PRO TEMPORE. Staff recommends City Council nominate and elect a Deputy Mayor and Deputy Mayor Pro Tempore. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: I move to nominate and elect, Councilmember XXXXX as Deputy Mayor and Councilmember XXXX as Deputy Mayor Pro Tempore.
- Presented by: Chris Kukulski, City Administrator
Recommended Motion: I move to nominate and elect, Councilmember XXXXX as Deputy Mayor and Councilmember XXXX as Deputy Mayor Pro Tempore.
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. |