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Agenda for City Council Regular Business Meeting

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**ATTENTION**
Beginning Monday, January 24th, 2022, the format of the City Council meetings will be in a hybrid format that includes both: In-Person AND in a virtual videoconferencing environment (Zoom). Councilmembers may choose to attend the meeting virtually or in-person in the City Hall Council Chambers. 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".
    • In-Person.
    • Virtually via Zoom (see the link below)
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.
  • Attend the meeting in person.
  • Attend virtually through Zoom by registering through the link below. This platform will allow "attendees" to give public comment in the meeting. After registering a link to join the meeting will be sent, to allow attendance and viewing on a computer, laptop or smart phone. Public comment may be made by using the "raise your hand" feature, during the appropriate time and being allowed to speak.
Please click this URL to join. https://us02web.zoom.us/j/88150941825?pwd=VE5uR1laczhOenlLSzlBK1M4eFBjUT09
·     Passcode: 087950

Or join by phone:
·     Dial(for higher quality, dial a number based on your current location):
     US: +1 253 215 8782
 
Webinar ID: 881 5094 1825
Passcode: 087950

Please contact Denise Bohlman, City Clerk, bohlmand@billingsmt.gov, with any questions.


 
VISION STATEMENT:
"The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds."
 
  REVISED ATTACHMENT ADDED TO CONSENT AGENDA ITEM 1G
CITY COUNCIL    
REGULAR BUSINESS MEETING   		    
  AGENDA       
 
 
COUNCIL CHAMBERS JANUARY 24, 2022           5:30 P.M.
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Shaw
 
ROLL CALL: Councilmembers present on roll call were: Shaw,  Gulick, Neese,  Owen,  Joy, 
Choriki, Tidswell,  Purinton, Boyett, Rupsis
 
MINUTES:
  • December 20, 2021
  • January 10, 2022
 
COURTESIES:
 
PROCLAMATIONS: 
  • Ag Celebration Week - January 24-28, 2022
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1 and 4b 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: None
 
B.
Grant Application Request to submit FY22-FY23, Montana State Historic Preservation Office Certified Local Government (CLG) grant application; $6,000.
 
View Agenda Item
C.
Grant Application Request to submit Montana Trail Stewardship Grant Program (MTSGP)application for paving the Riverfront Park Connection Trail; up to $75,000.
 
View Agenda Item
D.
Extension to execute TIF Assistance Development Agreement with Halsten Holdings, LCC (Burger Dive).
 
View Agenda Item
E.
Extension to execute TIF Assistance Development Agreement with Montana Rescue Mission.
 
View Agenda Item
F.
Utility Right-of-Way Easement with Tractor & Equipment Co. for water and sanitary main improvements located along Harnish Boulevard.
 
View Agenda Item
G.
Second/Final Reading Ordinance amending Sections 2-211 and 2-226, Billings, Montana City Code (BMCC), Council Meeting Dates.
 
View Agenda Item
H.
Second/Final Reading Ordinance expanding Ward I (Annexation 21-14): a parcel located west of Alkali Creek Road.
 
View Agenda Item
I.
Bills for the Weeks of:
 
1.
December 20, 2021
 
View Agenda Item
2.
December 28, 2021
 
View Agenda Item
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 approving and adopting FY2022 budget amendments. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
  • Presented by: Andy Zoeller, Finance Director

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve and adopt the FY2022 budget amendments, as recommended by staff.
 
View Agenda Item
3.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE FOR ZONE CHANGE 1003: a zone change for a new Planned Neighborhood Development for 104.42 acres of land to be annexed in three phases south of Alkali Creek Road, north and east of the Billings Airport, and west of Foothill Drive. Alkali Timbers, LLC, owner; IMEG, Kolten Knatterud, P.E. and Anna Vickers, agents. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.) * Quasi-Judicial
 
  • Presented by: Nicole Cromwell, Zoning Coordinator

Recommended Motion: Having conducted two public hearings, considered written and spoken testimony, I move to approve the second reading for Zone Change 1003 and adopt the findings of the 10 criteria, as approved by the City Council on first reading January 10, 2022.
 
View Agenda Item
4.
DORN REAL ESTATE AND DEVELOPMENT PROPERTY:
 
a.
JOINT PUBLIC HEARING FOR ANNEXATION 21-15 AND ZONE CHANGE 1004:
 
i.
RESOLUTION FOR ANNEXATION 21-15: a parcel located south of Central Avenue and west of Shiloh Road. Dorn Real Estate and Development, petitioner. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.)  * Quasi-Judicial
 
  •  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 21-15, as recommended by staff.
 
View Agenda Item
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 1004: a zone change for a new Planned Neighborhood Developmentfor 27.81 acres of land currently zoned Agriculture (A) in the county, to be annexed and zoned N2, NX1, NX3 and Public 1, located south of Bell Avenue and north of Monad Road and the Bannister Drain and west of Shiloh Road. Dorn Lowe, LLC (Rick Dorn) and Robert & Bonnie Bell, owners. The Zoning Commission voted 2-2 to recommend approval and adoption of the staff proposed findings of the 10 criteria. The tie vote results in "no recommendation" from the Zoning Commission. (Action: approval or disapproval.) * Quasi-Judicial
 
  • 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 1004 and adopt the findings of the 10 criteria.
 
View Agenda Item
b.
DEVELOPMENT AGREEMENT with Dorn Real Estate and Development for improvements north of Monad Road and west of Shiloh Road. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
  • Presented by: Debi Meling, Public Works Director

Recommended Motion: I move to approve the Development Agreement with Dorn Real Estate and Development, as recommended by staff.
 
View Agenda Item
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward V to include recently annexed property in Annexation 21-15: a parcel located south of Central Avenue and west of Shiloh Road. Dorn Real Estate and Development, petitioner. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
 
  •  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.
 
View Agenda Item
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.
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* 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.