**ATTENTION**
The City Council meeting will be held in a hybrid format that may include both in-person AND virtual attendance via Zoom. Unless they have cause to appear virtually, Councilmembers will attend the meeting in person at
the
Royal Johnson Community Room at the Billings Public Library, 510 N. Broadway.
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: www.billingsmt.gov and click on "Your Government," "City Council," and "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.
- On the City's website at www.billingsmt.gov and click on "Watch Meetings Online" on the homepage.
- 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 the meeting virtually through Zoom by entering the Webinar ID and Passcode indicated below. Click on Zoom Meeting Instructions and Zoom Hybrid Meeting Details below for more information. The link will allow you to attend, view and participate in the meeting on your computer, laptop or smart phone. (You must have the Zoom App on your device Click Here to Download Zoom App) To provide public comment at the appropriate time, click on the "raise hand" icon located at the bottom of the screen and the moderator will unmute your device.
o Don't have a smart phone, computer or laptop? That's okay — you can attend a Zoom meeting using your landline phone. Call the Zoom phone number, 1.253.215.8782 to join the meeting and follow the operator's instructions. Want to give public comment? Simply "raise your hand" by pressing *9 and the moderator will give you permission to speak when it is your turn. *Note this is a long distance toll number and charges may apply depending on your plan.
- Click Here for City Council Zoom Hybrid Meeting Details and Schedule
- Click Here for Zoom Meeting Instructions for Attendees (as guests)
Webinar ID: 839 0376 4672
Passcode: 521256
Or join by phone: US: +1-253-215-8782
Please contact Denise Bohlman, City Clerk, at bohlmand@billingsmt.gov, or at 406.657.8205, with any questions.
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| CITY COUNCIL REGULAR BUSINESS MEETING |
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| AGENDA | |||
| Billings Public Library and remotely via Zoom. Please see coversheet for details and instructions for viewing and participation. |
February 28, 2022 | 5:30 P.M. |
CALL TO ORDER: Mayor Cole
PLEDGE OF ALLEGIANCE: Mayor Cole
INVOCATION: Councilmember Neese
ROLL CALL: Councilmembers present on roll call were:
Shaw,
Gulick,
Neese,
Owen,
Joy,
Choriki, Tidswell, Purinton, Boyett, Rupsis
Choriki, Tidswell, Purinton, Boyett, Rupsis
MINUTES:
- January 10, 2022
- January 24, 2022
- February 14, 2022
COURTESIES:
PROCLAMATIONS:
COUNCIL REPORTS:
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1 and 7b 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.
W.O. 22-03: Contract No. 2 City Chip Seal. (Opened 2/8/22) Recommend Hardrives Construction, Inc.; $1,355,014.24.
2.
W.O. 22-04: City ADA Project. (Opened 2/8/22) Recommend J & J Concrete, Inc.; $310,568.
3.
W.O. 22-11: Staples 6 MG Reservoir Repair. (Opened 2/8/22) Recommend Hydro-Tech, Inc.; $118,900.
B.
City-County Special Investigations Unit (CCSIU) Agreement with Yellowstone County for 2022.
C.
Compensation Agreement with Alkali Timbers, LLC.
D.
Professional Services Contract for
W.O. 27-27: Landfill Gas Emissions Compliance; Jacobs Engineering Group, Inc.; $279,895.
E.
Memorandum of Understanding between the City of Billings and Bright n' Beautiful; $12,000 annually for three years.
F.
Memorandums of Understanding between the City of Billings and Billings Public Schools and Billings Catholic Schools for School Resource Officer Program; $365,311.
G.
Grant Application Request to submit application for Recreational Trails Grant Program for trail segment along the Torgerson property and acceptance of award; up to $30,000.
H.
Acceptance of three (3) American Rescue Plan Act (ARPA) Grants for 2021 Water Main Replacements, West End Plant and Raw Water Delivery, and Influent Lift Station Projects for $2 million each, a total of $6 million; and authorization for the Mayor to sign the grant agreements.
I.
Acceptance of applicant's request to withdraw applications for Annexation 21-15 and Zone Change 1004.
J.
Preliminary Major Plat of Timbers Subdivision, 1st Filing, generally located south of Alkali Creek Road and west of Foothill Drive; Ali and David Mitchell, owners; IMEG, agent; conditional approval and adoption of the findings of fact and the variance approved.
* Quasi-Judicial
K.
Resolution authorizing the use of alternative project delivery for New City Hall Facility.
L.
Bills for the Weeks of:
1.
January 24, 2022
2.
January 31, 2022
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 assessing the nuisance property abatements. 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 nuisance property abatements, as recommended by staff.
- Presented by: Andy Zoeller, Finance Director
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a Resolution assessing the nuisance property abatements, as recommended by staff.
3.
PUBLIC HEARING AND RESOLUTION assessing the weed abatements. 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.
- Presented by: Andy Zoeller, Finance Director
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.
4.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1005: a zone
change for an 8.02 acre parcel located at 934 Lewis Avenue. Billings Elks Lodge, BPOE 394, owner; Goodridge Real Estate and Thrive Corporation, agents.
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 1005 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 1005 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
5.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1006: a zone
change located on Block 2, Lots 1-2 of the West Billings Heights Subdivision, located at 1204 Howard Avenue. Ashley Delp, owner.
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 1006 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
- Presented by: Karen Husman, Planner
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1006 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
6.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1007: a zone
change on 51 parcels in the Emma Jean Heights Subdivision located off Bitterroot Drive.
Chamberlain Construction, Felton Associates, Rodney and Mary Giesler, Jerry and Sandra Stoltenberg, Livelynye, LLC, Brent and Krista Montague, Kenneth and Denise Roesch, Green Jeans, LLC, owners; Charlie Felton and Kerry Martinson, agents.
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 1007 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
- Presented by: Karen Husman, Planner
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1007 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
7.
ZIMMERMAN HOME PLACE PROPERTY:
a.
JOINT PUBLIC HEARING FOR ANNEXATION 22-02 AND ZONE CHANGE 1009:
i.
RESOLUTION FOR ANNEXATION 22-02: a parcel located in Zimmerman Home Place Subdivision. Highlands ZHP Subdivision, LLC, et al.; 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 22-02, 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 22-02, as recommended by staff.
ii.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1009:
a zone change for a 36.66 acre parcel located south of Colton Boulevard and west of Zimmerman Trail. Highlands ZHP Subdivision, LLC, et al., owners; 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 1009 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 1009 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
b.
DEVELOPMENT AGREEMENT with Highlands ZHP Subdivision, LLC, et al., for property located south of Colton Boulevard and west of Zimmerman Trail. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Recommended Motion: I move to approve the development agreement with Highlands ZHP Subdivision, LLC, et al., as recommended by staff.
- Presented by Debi Meling, Public Works Director
Recommended Motion: I move to approve the development agreement with Highlands ZHP Subdivision, LLC, et al., as recommended by staff.
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward IV to include recently annexed property in Annexation 22-02: a parcel located in Zimmerman Home Place Subdivision. Highlands ZHP Subdivision, LLC, et al.; 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 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.
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. |