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| CITY COUNCIL REGULAR BUSINESS MEETING |
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| AGENDA |
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| COUNCIL CHAMBERS | November 22, 2021 * Please note time change for this meeting is due to a Closed Executive Session beginning at 4:00 P.M., Regular Business Meeting will begin at 5:30 P.M. |
*4:00 P.M. |
RECESS TO CLOSED EXECUTIVE SESSION* City Administrator, Chris Kukulski's Annual Review
*Note: The Executive Session will be closed, as allowed in Section 2-3-203(3), MCA, as discussions relate to matters of individual privacy and wherein the demands of individual privacy exceed the merits of public disclosure.
CALL TO ORDER: Mayor Cole
*Note: The Executive Session will be closed, as allowed in Section 2-3-203(3), MCA, as discussions relate to matters of individual privacy and wherein the demands of individual privacy exceed the merits of public disclosure.
CALL TO ORDER: Mayor Cole
PLEDGE OF ALLEGIANCE: Mayor Cole
INVOCATION: Councilmember Shaw
ROLL CALL: Councilmembers present on roll call were:
Shaw,
Yakawich,
Neese,
Ewalt,
Joy,
Choriki,
Purinton,
Ronning,
Boyett,
Brown
MINUTES:
- October 11, 2021
- October 25, 2021
- November 8, 2021 (Pending)
COURTESIES:
PROCLAMATIONS: The 16 Days of Activism Against Gender Violence
COUNCIL REPORTS:
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 6 and 7 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.
2021 Tracked Excavator. (Opened 10/19/21) Recommend rejecting all bids.
B.
Professional Consulting Agreement with SRF Consulting to complete the MET Transit 5-Year Transit Development Plan; $150,470.
C.
Memorandum of Understanding between the City of Billings and the Continuum of Care (CoC) for reimbursement of FEMA funds for the non-congregate shelter.
D.
Declaration of surplus equipment and authorizing MET to dispose of 17 buses via advertisement and solicitation of offers before taking to auction or salvage.
E.
Acknowledge Receipt of Petition to Discontinue a portion of the alley within Block 191 within the Billings Original Townsite and set a Public Hearing for December 20, 2021.
F.
Final Expedited Minor Plat - Big Sky King Subdivision.
G.
Resolution establishing compliance with reimbursement under Internal Revenue Code for the South TIF Construction Projects.
H.
Third/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.
I.
Third/Final Reading Ordinance repealing Article 7-1700-Medical Marijuana, Billings, Montana City Code (BMCC) and adding Article 7-2000 - Marijuana Regulations, BMCC.
J.
Bills for the Weeks of:
1.
October 18, 2021
2.
October 25, 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 SPECIAL REVIEW 992: a special review to allow an automobile collision repair center greater than 5,000 square feet in a Corridor Mixed Use 2 (CMU2) zoned district, for a proposed 18,554 square foot building, on Lot 13, Block 1, Montana Sapphire Subdivision, a 2.187-acre parcel of land, generally located at 4130 Kari Lane. Montana Sapphire, LLC, owner;
Nick Fore, Cross Development, agent. Zoning Commission recommends conditional approval and adoption of the findings of the 9 review criteria. (Action: approval or disapproval of Zoning Commission recommendation.)
*Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, and review of the Zoning Commission's recommendation for conditional approval and adoption of the findings of the 9 review criteria, I move to approve Special Review 992.
- Presented by: Karen Husman, Planner
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, and review of the Zoning Commission's recommendation for conditional approval and adoption of the findings of the 9 review criteria, I move to approve Special Review 992.
3.
PUBLIC HEARING AND FIRST READING ORDINANCE repealing and replacing Article 7-900, Billings, Montana City Code (BMCC), granting a renewal cable system franchise to Spectrum Pacific West, LLC, locally known as Charter Communications, Inc. 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 repealing and replacing Article 7-900, BMCC, as recommended by staff.
- Presented by: Stacy Tenney, Deputy City Attorney
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the first reading ordinance repealing and replacing Article 7-900, BMCC, as recommended by staff.
4.
PUBLIC HEARING AND FIRST READING ORDINANCE amending Article 14-600, Billings, Montana City Code (BMCC) - Regulation of Fire / Security Alarm Systems. 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 first reading ordinance amending Article 14-600, BMCC, as recommended by staff.
- Presented by: Mike Spini, Fire Marshall and Lt. Shawn Mayo, Police Department
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve first reading ordinance amending Article 14-600, BMCC, as recommended by staff.
5.
PUBLIC HEARING AND FIRST READING ORDINANCE prohibiting adult-use marijuana dispensaries. 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 prohibiting adult-use marijuana dispensaries, as recommended by staff.
- Presented by: Gina Dahl, City Attorney
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the first reading ordinance prohibiting adult-use marijuana dispensaries, as recommended by staff.
6.
TAX INCREMENT FINANCING ASSISTANCE from South Billings Boulevard Urban Renewal District (SBBURD) to KSKC Properties, LLC for improvements located at 3218 South Frontage Road; up to $779,524. 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 KSKC Properties, LLC for improvements located at 3218 South Frontage Road, 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 KSKC Properties, LLC for improvements located at 3218 South Frontage Road, as recommended by the SBURA Board.
7.
CITY ADMINISTRATOR'S Annual Performance Evaluation.
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. |