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Agenda for City Council Regular Business Meeting

**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 in Council Chambers, second floor of City Hall, 220 N. 27th Street. 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.

 Webinar ID: 816 3818 7846
Passcode: 467202
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.

 


 
VISION STATEMENT:
"The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds."
 
 
     CITY COUNCIL
   REGULAR BUSINESS MEETING
   
  AGENDA       
 
 
COUNCIL CHAMBERS MARCH 14, 2022          5:30 P.M.
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Owen
 
ROLL CALL: Councilmembers present on roll call were: Shaw,  Gulick, Neese,  Owen,  Joy, 
Choriki, Tidswell, Purinton,  Boyett, Rupsis
 
MINUTES: 
  • February 28, 2022
 
COURTESIES:
 
PROCLAMATIONS: AmeriCorps Week, March 13-19
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 6a, 6b, 6c 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 -- Separations:
 
A.
Mayor Cole recommends that Council confirm the following appointments:
 
1.
 
  Name Board/Commission Term
      Begins Ends
1 No Applications Animal Control Board 03/14/22 12/31/25
2 No Application Animal Control Board 03/14/22 12/31/25
3 Mia Yegen Billings BID 03/14/22 12/31/25
4 Josh Sayer Board of Adjustments 03/14/22 12/31/25
5 Chris Hayes Board of Adjustments 03/14/22 12/31/25
6 Josh Sayer Board of Appeals - Architect 03/14/22 12/31/25
7 No Applications Board of Appeals - Electrician 03/14/22 12/31/25
8 Kathleen Candelaria* Community Development - Low Mod* 03/14/22 12/31/22
9 Erin Robbins* Energy & Conservation Commission* 03/14/22 09/09/23
10 Sheri Herman Housing Authority - Family Res. Co 03/14/22 12/31/23
11 Peter Sanderson Parking Board 03/14/22 12/31/25
12 No Applications Parking Board 03/14/22 12/31/25
*8  Unexpired Low Mod term of Jessica Schmidt
*9  Unexpired term of Jennifer Owen
 
B.
Bid Awards:
 
1.
W.O. 21-42: SBURA Gravel Streets, Phase I. (Opened 2/22/22) Recommend Knife River - Billings; $3,328,242.25.
 
2.
W.O. 22-12: Optimist Park Site Improvements. (Opened 2/22/22) Recommend Weave Construction, Base Bid plus Alternative Bid, Schedule A; $449,397.
 
C.
Addendum to agreement with Routeware, Inc.; $76,164.72 annually and one-time cost for route optimization; $43,900.
 
D.
Resolution authorizing the use of alternate project delivery for W.O. 22-37: Landfill Drop-Off Building Repair.
 
E.
Second/Final Reading Ordinance expanding Ward  IV (Annexation 22-02): a parcel located in Zimmerman Home Place Subdivision, legally described as Lot 1, Block 1, Lot 1, Block 2 and Lot 1, Block 3 of Zimmerman Home Place Subdivision, First Filing.
 
F.
Bills for the Weeks of:
 
1.
February 7, 2022
 
2.
February 14, 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 SECOND/FINAL 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
  • 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 1005 and adopt the findings of the 10 criteria, as approved by the City Council on first reading February 28, 2022.
 
3.
PUBLIC HEARING AND SECOND READING ORDINANCE FOR ZONE CHANGE 1006: a zone change located on Lots 1-2, Block 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
  • Presented by: Karen Husman, Planner

Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading of Zone Change 1006 and adopt the findings of the 10 criteria, as approved by City Council on first reading February 28, 2022.
 
4.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE FOR ZONE CHANGE 1007: a zone change on 51 parcels in the Emma Jean Heights Subdivision located off Bitterroot Drive.  Chamberlain Construction, et al., 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
  • Presented by: Karen Husman, Planner

Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 1007 and adopt the findings of the 10 criteria, as approved by the City Council on first reading February 28, 2022.
 
5.
PUBLIC HEARING AND SECOND/FINAL 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
  • 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 1009 and adopt the findings of the 10 criteria, as approved by the City Council on first reading February 28, 2022.
 
6.
SBBURD TIF AND PUBLIC WORKS ASSISTANCE FOR SOUTH FRONTAGE ROAD WATER LINE EXTENSION
 
a.
REIMBURSEMENT to KSKC Properties LLC, Torgerson, LLC, or a third party contractor working on their behalf, of City Public Works funds and SBBURD tax increment finance (TIF) funds to complete the water line extension project; up to $ 845,422 $474,177. Staff recommends approval.(Action: approval or disapproval of staff recommendation.)
  • Presented by: Wyeth Friday, Planning Director and Debi Meling, Public Works Director

Recommended Motion: I move to approve reimbursement to KSKC Properties LLC, Torgerson, LLC, or a third party contractor working on their behalf, of City Public Works funds and SBBURD tax increment finance (TIF) funds to complete the water line extension project; up to $845,422, $474,177, as recommended by staff.
 
b.
COMPENSATION AGREEMENT with KSKC Properties, LLC. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  • Presented by: Debi Meling, Public Works Director

Recommended Motion: I move to approve the compensation agreement with KSKC Properties, LLC, as recommended by staff.
 
c.
COMPENSATION AGREEMENT with Torgerson's Real Estate Holdings, LLC. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  • Presented by: Debi Meling, Public Works Director

Recommended Motion: I move to approve the compensation agreement with Torgerson's Real Estate Holdings, LLC, as recommended by staff.
 
7.
TAX INCREMENT FINANCING ASSISTANCE from the City to the Business Improvement District for a Public Restroom Project at Park 3; up to $70,000. Downtown Billings Partnership (DBP) Board recommends approval. (Action: approval or disapproval of DBP Board recommendation.)
 
  • Presented by: Wyeth Friday, Planning Director and Mehmet Casey, DBA Development Director

Recommended Motion: I move to approve the Tax Increment Financing Assistance from the City to the Business Improvement District for a Public Restroom Project at Park 3; up to $70,000, as recommended by the DBP Board.
 
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.