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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.

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."
 
 
  REVISED 7/24/2023 TO CORRECT THE ORDER OF REGULAR AGENDA ITEMS   
 CITY COUNCIL
   REGULAR BUSINESS MEETING
   
  AGENDA       
 
 
  COUNCIL CHAMBERS JULY 24, 2023          5:30 P.M.
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Gulick
 
ROLL CALL: Councilmembers present on roll call were: Shaw,  Gulick, Neese,  Owen,  Joy, 
Choriki, Tidswell, Purinton,  Boyett, Rupsis
 
MINUTES: 
  • May 22, 2023 
  • June 12, 2023 
  • June 26, 2023 - Pending
  • July 10, 2023 - Pending
 
COURTESIES:
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items: 1 and 5b 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.
Contract with Fabricon, LLC, for Skypoint Sail Replacement.
 
B.
Contract with Alta Planning + Design, Inc., in association with Sanderson Stewart, for 2023 Pedestrian and Bicycle Master Plan update.
 
C.
Compensation Agreement with Daniel Properties, LLC, extension of a public water main from the intersection of Rimrock Road and 62nd Street West, along the frontage of Tule Ridge Subdivision.
 
D.
Services Agreement with Airside Solutions, Inc. for Airfield Lighting System Equipment Upgrade.
 
E.
Services Agreement to NEOGOV for onboarding employees.
 
F.
Amendment No. 6, with HDR Engineering for W.O. 14-11: WRF Nutrient Upgrade, Expansion and Improvements Project.
 
G.
Change Order No. 1,Hail Repairs at Billings Community Center, Finishing Touch Exteriors, Inc.
 
H.
Quitclaim Deed from the City to Todd and Michelle Vralsted.
 
I.
Preliminary Major Plat of Howard Billings Industrial Subdivision. *Quasi-Judicial
 
J.
Bills for the Week of:
 
1.
June 19, 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.
PUBLIC HEARING AND RESOLUTION approving and adopting FY2023 budget amendments. Staff recommends approval. 
  • 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 FY2023 budget amendments, as recommended by staff.
 
3.
PUBLIC HEARING AND FIRST READING ORDINANCE amending BMCC, Article 21-200, Solid Waste Collection and Disposal. Staff recommends approval. 
  • 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 First Reading Ordinance amending BMCC, Article 21-200, Solid Waste Collection and Disposal, as recommended by staff. 
 
4.
CITY-OWNED PROPERTY NORTHEAST OF BILLINGS-LOGAN INTERNATIONAL AIRPORT:
 
a.
JOINT PUBLIC HEARING FOR ANNEXATION 23-05 AND ZONE CHANGE 1032:
 
i.
RESOLUTION APPROVING ANNEXATION 23-05: City-owned lands located west and north of the Billings-Logan International Airport. Staff recommends approval. *Quasi-Judicial
  • Presented by: Hunter Kelly, Planner

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution approving Annexation 23-05, as recommended by staff. 
 
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 1032: to allow the annexation of city-owned land adjacent to the Billings Logan International Airport and bring all current airport property into the City Limits. Zoning Commission recommends approval and adoption of the 10 criteria.  *Quasi-Judicial
  • 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 1032 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 I to include recently annexed property in Annexation 23-05: a parcel located west and north of the Billings Logan International Airport. 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 I, as recommended by staff. 
 
5.
MACK AND SPAENY PROPERTIES:
 
a.
JOINT PUBLIC HEARING FOR ANNEXATION 23-06 AND ZONE CHANGE 1030:
 
i.
RESOLUTION APPROVING ANNEXATION 23-06: a parcel located north of King Avenue West, west of Saint Mary Way and east of South 44th Street West Staff recommends conditional approval. *Quasi-Judicial
  • 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 23-06, as recommended by staff. 
 
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 1030: three parcels of land located on King Ave. W. between the St. Vincent's Healthcare Subdivision and the Lenhardt Square Subdivision. Zoning Commission recommends approval and adoption of the 10 criteria.  *Quasi-Judicial
  • 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 1030 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission. 
 
b.
ANNEXATION AGREEMENT with Molly and Darrell Spaeny and Michelle Amen. Staff recommends approval.
  • Presented by: Debi Meling, Public Works Director

Recommended Motion: I move to approve an Annexation Agreement with Molly and Darrell Spaeny and Michelle Amen, as recommended by staff.
 
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward V to include recently annexed property in Annexation 23-06: a parcel located north of King Avenue West, west of Saint Mary Way and east of South 44th Street West. 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 V, as recommended by staff. 
 
6.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1031: Text Amendments - Phase II - Action Options for Zoning Commission and City Council; Open Space in NX districts and PND; Rebuild of Residential in Commercial and Mixed Use; Step-backs for structures in NX2/NX3.  Zoning Commission recommends approval. 
  • 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 1031, amending text to the Open Space in NX districts and PND; Rebuild of Residential in Commercial and Mixed Use; Step-backs for structures in NX2/NX3, as recommended by the Zoning Commission. 
 
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.