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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."
 
 
     CITY COUNCIL
   REGULAR BUSINESS MEETING
   
  AGENDA       
 
 
COUNCIL CHAMBERS SEPTEMBER 25, 2023          5:30 P.M.
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Choriki
 
ROLL CALL: Councilmembers present on roll call were: Shaw,  Gulick, Neese,  Owen,  Joy, 
Choriki, Tidswell, Purinton,  Boyett, Rupsis
 
MINUTES: 
  • July 24, 2023
  • August 28, 2023 - Pending
  • September 11, 2023
 
COURTESIES:
  • Recognition of Community Service Officers - Police Chief St. John
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on "NON-PUBLIC HEARING" Agenda Items:  1, 4b, 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.
Mayor Cole recommends that Council confirm the following appointments:
 
1.
 
  Name Board/Commission Term
      Begins Ends
1 Jordan Clayton Tourism BID 10/01/23 10/01/27
2 Shelli Mann Tourism BID 10/01/23 10/01/27
 
B.
Bid Awards:  None
 
C.
Agreement with Lyngsoe Systems for Library Automated Materials Handler (AMH) System and Conveyance.
 
D.
Funding Agreement between the City and RiverStone Health to increase Nurse Family Partnership.
 
E.
Amendment No. 3, with JLG Architect forprofessional services design contract, for New City Hall.
 
F.
Donation to City for New City Hall artwork by local artist Barbara Garrett.
 
G.
Donation to the Parks and Recreation Department from Fidelity Charitable Donor Advised Fund grant.
 
H.
Final Minor Plat of Price Subdivision, Amended Plat of Lots 1 and 5, Block 1. *Quasi-Judicial
 
I.
Resolution adopting parking rates for FY24 - FY26. 
 
J.
Bills for the Weeks of:
 
1.
August 21, 2023
 
2.
August 28, 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 FIRST READING ORDINANCE amending Billings, Montana City Code (BMCC), Article 22-407, Encroachment Permit Required. Staff recommends approval.
  • Presented by Debi Meling, Public Works Director

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve First Reading Ordinance amending Billings, Montana City Code (BMCC), Article 22-407, Encroachment Permit Required, recommended by staff.
 
3.
RESOLUTION for managing deployment of small cell facilities in the right-of-way. Staff recommends approval.
  • Presented by:  Debi Meling, Public Works Director

Recommended Motion:  I move to approve a resolution managing deployment of small cell facilities in the right-of-way, as recommended by staff.
 
4.
BOETTICHER AND SPENNY PROPERTY:
 
a.
JOINT PUBLIC HEARING FOR ANNEXATION 23-07 AND ZONE CHANGE 1035:
 
i.
RESOLUTION APPROVING ANNEXATION 23-07: a parcel located at  2449 Blue Creek Road, north of Blue Creek Road and West of Colleen Drive. 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 a resolution approving Annexation 23-07, as recommended by staff. 
 
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 1035: generally located at 2449 Blue Creek Road - Lot 7 of Blue Creek Acreage Tracts Subdivision. Zoning Commission recommends approval and adoption of the 10 review criteria.  *Quasi-Judicial
  • Presented by: Nicole Cromwell, Zoning Coordinator

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve First Reading Ordinance for Zone Change 1035 and adopt the findings of the 10 review criteria, as recommended by the Zoning Commission. 
 
b.
ANNEXATION AGREEMENT with Andrew Boetticher and Michelle Spenny. Staff recommends approval.
  • Presented by: Debi Meling, Public Works Director

Recommended Motion: I move to approve an Annexation Agreement with Andrew Boetticher and Michelle Spenny, as recommended by staff.
 
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward III to include recently annexed property in Annexation 23-07:  a parcel located at 2449 Blue Creek 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. 
 
5.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1034: Zoning Text Amendments - Phase III, landscape and off-street parking relief; landscape plan clarifications for residential; Special Review criteria and Zoning at Annexation. Zoning Commission recommends approval and adoption of the 10 review criteria for these items only.   *Quasi-Judicial
  • Presented by: Nicole Cromwell, Zoning Coordinator

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve First Reading Ordinance for Zone Change 1034 and adopt the findings of the 10 review criteria, as recommended by the Zoning Commission. 
 
6.
PUBLIC HEARING AND FIRST READING ORDINANCE amending Billings, Montana City Code (BMCC), Article 22-900, Sale, Exchange or Donation of City Real Property.  Staff recommends approval. 
  • Presented by: Gina Dahl, City Attorney

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve First Reading Ordinance amending Billings, Montana City Code (BMCC), Article 22-900, Sale, Exchange or Donation of City Real Property, as recommended by staff.
 
7.
PURCHASE AND SALES AGREEMENT of Park 1 ground retail space to Journey Willow Cottage, LLC. City Council Operations Committee recommends Council reject all proposals.
  • Presented by: John Caterino, Facilities Manager

Recommended Motion: I move to reject all proposals to purchase Park 1 ground retail space to Journey Willow Cottage, LLC, as recommended by the City Council Operations Committee. 
 
 
8.
CHANGE ORDER NO. 1,with Dick Anderson Construction for Construction Manager at Risk (CMAR) contract, for New City Hall. Staff recommends approval.
  • Presented by: John Caterino, Facilities Manager 

Recommended Motion: I move to approve Change Order No. 1 with Dick Anderson Construction for Construction Manager at Risk (CMAR) contract, 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.
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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.