**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.
- Click Here for Zoom Meeting Webinar IDs and Passcodes
- Click Here for Zoom Meeting Instructions for Attendees (as guests)
Please contact Denise Bohlman, City Clerk, at bohlmand@billingsmt.gov, or at 406.657.8210, with any questions.
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| CITY COUNCIL REGULAR BUSINESS MEETING |
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| AGENDA |
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| COUNCIL CHAMBERS | MAY 22, 2023 | 5:30 P.M. |
CALL TO ORDER: Mayor Cole
PLEDGE OF ALLEGIANCE: Mayor Cole
INVOCATION: Councilmember Boyett
ROLL CALL: Councilmembers present on roll call were:
Shaw,
Gulick,
Neese,
Owen,
Joy,
Choriki, Tidswell, Purinton, Boyett, Rupsis
Choriki, Tidswell, Purinton, Boyett, Rupsis
MINUTES: May 8, 2023
COURTESIES:
PROCLAMATIONS:
COUNCIL REPORTS:
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1, 2, 7c 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.)
SPECIAL PRESENTATION: Big Sky Passenger Rail Authority (Jason Stuart, Vice Chair)
1.
CONSENT AGENDA
--
Separations:
A.
Bid Awards:
1.
Compost Mixer and Conveyor System. (Opened 5/2/2023) Recommend Roto Mix, LLC.
2.
W.O. 21-32: Wicks Lane and Bitterroot Drive Storm Drain Improvements. (Opened 5/2/2023) Recommend Schedule 1, Phase 2, Western Municipal Construction.
B.
Memorandum of Understanding with Yellowstone County for water main replacements at MetraPark.
C.
Assignment and Assumption of Pretreatment Service Agreement from ExxonMobil to Par Montana, LLC.
D.
Agreement with Hoopla for the Library's digital library platform.
E.
Declaring Surplus Property and authorizing the sale of 300-gallon waste containers to the City of Powell, Wyoming.
F.
Declaring Surplus Property and authorizing the sale of 300-gallon waste containers to the Town of Upton, Wyoming.
G.
Donations to City of Billings for "Mobilize the MAGIC City" Project.
H.
Donations to the Billings Public Library from various donors.
I.
Preliminary Minor Plat of Elysian Subdivision.
*Quasi-Judicial
J.
Preliminary Minor Plat of Price Subdivision, Amended Lots 1 and 5, Block 1.
*Quasi-Judicial
K.
Preliminary Major Plat of Lake Hills Subdivision, 40th Filing.
*Quasi-Judicial
L.
Final Plat of Bitterroot Heights Subdivision, 3rd Filing.
*Quasi-Judicial
M.
Bond Resolution for Pooled Series 2023 Sidewalk Bonds for W.O. 21-11 and W.O. 22-07.
N.
Resolution of Intent to Create SILMD 331 and set a public hearing date for June 12, 2023.
O.
Resolution of Intent to Create SID 1423 and set a public hearing date for June 12, 2023.
P.
Resolution extending the Energy and Conservation Commission to December 31, 2025.
Q.
Resolution notifying Election Administrator of mail ballot.
R.
Third/Final Reading Ordinance amending Billings, Montana City Code, Section 18-204
, prohibiting weapons and firearms.
S.
Bills for the Weeks of:
1.
April 17, 2023
2.
April 24, 2023
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.
APPROVAL OF BID PACKAGE NO. 2
CONTRACT AMENDMENT with Dick Anderson Construction for New City Hall Renovation Project. Staff recommends approval.
Recommended Motion: I move to approve the Bid Package No. 2 Contract Amendment with Dick Anderson Construction, as recommended by staff.
- Presented by: John Caterino, Facilities Manager
Recommended Motion: I move to approve the Bid Package No. 2 Contract Amendment with Dick Anderson Construction, as recommended by staff.
3.
PUBLIC HEARING AND RESOLUTION adopting Water and Wastewater Rates and Fees. Staff recommends approval.
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution adopting Water and Wastewater Rates and Fees, as recommended by staff.
- Presented by: Jennifer Duray, Deputy Public Works Director
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution adopting Water and Wastewater Rates and Fees, as recommended by staff.
4.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1029: text amendments to the Neighborhood Districts, Fence Materials and Sign Code. Zoning Commission recommends approval.
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve First Reading Ordinance for Zone Change 1029, amending text to the Neighborhood Districts, Fence Materials and Sign Code, as recommended by the Zoning Commission.
- Presented by: Nicole Cromwell, Zoning Coordinator
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve First Reading Ordinance for Zone Change 1029, amending text to the Neighborhood Districts, Fence Materials and Sign Code, as recommended by the Zoning Commission.
5.
PUBLIC HEARING AND FIRST READING ORDINANCE
FOR ZONE CHANGE 1023: located at Wicks Lane and Bitterroot Drive. Zoning Commission recommends approval and adoption of the 10 criteria.
*Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve First Reading Ordinance for Zone Change 1023 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 testimony, I move to approve First Reading Ordinance for Zone Change 1023 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
6.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1024: located at 3100 block of Central Avenue. Zoning Commission recommends approval and adoption of the 10 criteria.
*Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve First Reading Ordinance for Zone Change 1024 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 testimony, I move to approve First Reading Ordinance for Zone Change 1024 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
7.
FIFTY-FOUR WEST DEVELOPMENT:
a.
JOINT PUBLIC HEARING FOR ANNEXATION 23-03 AND ZONE CHANGE 1025:
i.
RESOLUTION APPROVING ANNEXATION 23-03: located North of Rimrock Road and East of 54th Street West. Staff recommends conditional approval.
*Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution Approving Annexation 23-03, as recommended by staff.
- Presented by: Hunter Kelly, Planner
Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution Approving Annexation 23-03, as recommended by staff.
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 1025: located on the north side of Rimrock Road and east of 54th Street on a parcel located on the northeast corner of the intersection. Zoning Commission recommends approval and adoption of the 10 criteria.
*Quasi-Judicial
Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve First Reading Ordinance for Zone Change 1025 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 testimony, I move to approve First Reading Ordinance for Zone Change 1025 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
b.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward IV to include recently annexed property in Annexation 23-03: a parcel located North of Rimrock Road and East of 54th Street West. Staff recommends approval.
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: 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 IV, as recommended by staff.
c.
PRELIMINARY MAJOR PLAT of Fifty-Four West Subdivision. Planning Board recommends approval.
*Quasi-Judicial
Recommended Motion: I move to conditionally approve the preliminary major plat of Fifty-Four West Subdivision, and adopt the Findings of Fact, as recommended by the Planning Board.
- Presented by: Hunter Kelly, Planner
Recommended Motion: I move to conditionally approve the preliminary major plat of Fifty-Four West Subdivision, and adopt the Findings of Fact, as recommended by the Planning Board.
8.
FRANCHISE FEE LITIGATION SETTLEMENT AGREEMENT. Staff recommends approval.
Recommended Motion: I move to approve the settlement agreement concerning franchise fee litigation, as recommended by staff.
- Presented by: Gina Dahl, City Attorney
Recommended Motion: I move to approve the settlement agreement concerning franchise fee litigation, 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. |