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Agenda for City Council Regular Business Meeting

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**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.

Please contact Denise Bohlman, City Clerk, at bohlmand@billingsmt.gov, or at 406.657.8210, 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 APRIL 24, 2023          5:30 P.M.
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Purinton
 
ROLL CALL: Councilmembers present on roll call were: Shaw,  Gulick, Neese,  Owen,  Joy, 
Choriki, Tidswell, Purinton,  Boyett, Rupsis
 
MINUTES:  April 10, 2023
 
COURTESIES:
 
PROCLAMATIONS:  Arbor Day - May 5th 
 
COUNCIL REPORTS:
  • Mayor's Statement Regarding Settlement of Franchise Fee Lawsuit. 
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 7 and 8 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.
Community Center Hail Repairs. (Opened 4/4/23) Recommend Finishing Touch Exteriors, Inc.
 
View Agenda Item
B.
Agreement with CityView for Community Development and Business Licensing software.
 
View Agenda Item
C.
Agreement with Montana Rescue Mission for sheltering services data.
 
View Agenda Item
D.
Acceptance of the Montana Main Street Impact Grant on behalf of the Downtown Billings Business Improvement District (BID).
 
View Agenda Item
E.
Preliminary Major Plat of Annafeld Subdivision, 5th Filing. *Quasi-Judicial
 
View Agenda Item
F.
Preliminary Major Plat of Golden Meadows Subdivision Expansion. *Quasi-Judicial
 
View Agenda Item
G.
Second/Final Reading Ordinance expanding Ward V (Annexation 23-02).
 
View Agenda Item
H.
Bills for the Weeks of:
 
1.
March 20, 2023
 
View Agenda Item
2.
March 27, 2023
 
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 APPROVAL of FY2023-2024 Annual Action Plan and Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Budget Allocations. Community Development (CD) Board recommends approval. 
  • Presented by: Brenda Beckett, Community Development Manager

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the  FY2023-2024  Annual Action Plan and accompanying CDBG and HOME budget allocations, as recommended by the CD Board.
 
View Agenda Item
3.
PUBLIC HEARING AND RESOLUTION approving a property tax abatement for Rimrock IV, LLC, d/b/a KIA of Billings. Staff recommends approval. 
  •  Presented by: Chris Kukulski, City Administrator

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a resolution approving a property tax abatement for Rimrock IV, LLC, d/b/a KIA of Billings, as recommended by staff.
 
View Agenda Item
4.
PUBLIC HEARING AND SPECIAL REVIEW 996: a special review to allow a 30-foot height increase to an existing wireless communication facility (WCF), in a Corridor Mixed Use 1 (CMU1) zone district located at 1010 Grand Avenue. Zoning Commission recommends conditional approval and adoption of the findings of the 9 review criteria.  * Quasi-Judicial
  • Presented by: Monica Plecker, Planning Manager
     
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 996.
 
View Agenda Item
5.
PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 23-01: located East of East Lane and South of Elysian Road. Staff recommends conditional approval. 
  • Presented by: Hunter Kelly, Planner
     
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve Annexation 23-01, as recommended by staff.
 
View Agenda Item
6.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward III to include recently annexed property in Annexation 23-01: located East of East Lane and South of Elysian Road. Staff recommends approval. 
  •  Presented by: Hunter Kelly, Planner

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 III, as recommended by staff.
 
View Agenda Item
7.
INITIATION of Zoning Code Text Amendments. (Contains No Staff Memo)
  • Presented by: Wyeth Friday, Planning Director

Recommended Motion:  I move for the City Council to initiate the general amendments to the Zoning Code as outlined in the Planning staff presentation on April 3, 2023, and include the following:

Group one:
· Garage entry door location for property zoned NX1 or NX2.
· Sign code amendments to address existing nonconforming wall signs, other nonconforming signs and separations between off-premise signs and residential zones.
· Adjustments to Building and Siting Standards for Neighborhood and Mixed Neighborhood ones
· Fence materials in Commercial and Residential zones

Group two:
· Council action options for special reviews and zone changes
· Open Space provisions in NX and PND district assembly
· Allow rebuild of Residential Structures in Commercial and Mixed Use zones by right
· Step-backs of taller buildings between Neighborhood and Mixed Neighborhood zones

Group three:
· Updates to Administrative Relief provisions
· Landscape Plan clarifications for residential (one and two family) lots
· Housekeeping amendments to correct errors and cross-references in other city codes
· Special Review criteria
· Zoning at Annexation
 
8.
LEGISLATIVE SESSIONS UPDATE.
  • Presented by: Chris Kukulski, City Administrator
 
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.