APPROVED
MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
January 10, 2022
The Billings City Council met in regular session in the Council Chambers located on the second floor of the Police Facility, 220 North 27th Street, Billings, Montana, at 5:30 PM.MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
January 10, 2022
CALL TO ORDER: Mayor Cole
PLEDGE OF ALLEGIANCE: Mayor Cole
INVOCATION: Mayor Cole
ROLL CALL:
- Present:
-
- Councilmember Kendra Shaw, Ward I
- Councilmember Ed Gulick, Ward I
- Councilmember Roy Neese, Ward II
- Councilmember Jennifer Owen, Ward II
- Councilmember Denise Joy, Ward III
- Councilmember Danny Chorki, Ward III
- Councilmember Daniel Tidswell, Ward IV
- Councilmember Pam Purinton, Ward IV
- Councilmember Mike Boyett, Ward V
- Mayor William Cole
- Absent:
-
- Councilmember Tom Rupsis, Ward V
- Staff Present:
-
- Chris Kukulski, City Administrator
- Kevin Iffland, Assistant City Administrator
- Gina Dahl, City Attorney
- Denise Bohlman, City Clerk
- Debi Meling, Public Works Director
- Wyeth Friday, Planning Director
- Nicole Cromwell, Zoning Coordinator
- Monica Plecker, Planning Division Manager
- Michael Whitaker, Parks, Recreation and Public Lands Director
- Gavin Woltjer, Library Director
MINUTES:
- December 13, 2021 - UNANIMOUSLY APPROVED, 10-0
- December 20, 2021 - Pending
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
COURTESIES:
- Police Department - Chief St. John recognized and awarded plagues to the following:
- Nash Emrich, Police Officer, Citizen Award
- Lilly Sturn, Civilian Child, Certificate of Achievement
- Fire Captain Todd Kindkead, Medal of Valor
- Dustin Stroble, Police Officer, Medal of Merit
- Councilmember Purinton stated January is Human Trafficking Awareness Month. She invited people to attend the viewing of "Truckers Against Trafficking" documentary to be shown at Affinity Apartments on 1/11/2022, and encouraged everyone to view any documentaries available on YouTube or Google.
PROCLAMATIONS: Year of Walkability
- Kathy Aragon, 645 O'Malley Drive, Billings, MT accepted the Proclamation and provided Council with a handout of upcoming events in 2022.
COUNCIL REPORTS:
- Councilmember Joy stated the Community Development Board has had their January meeting and are reviewing Fast Track applications.
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
- Noted that at 2:58 pm Melissa Harrell sent an email to Council concerning Wi-Fi in the parks. Asked Council to read it. It did not have anything to do with items on the agenda and therefore was not ex-parte.
- Mentioned that the City received two rulings in the McDaniels case. Those rulings were being reviewed by legal counsel and would be further discussed during a closed executive session on January 18. Mentioned the Houser case has been certified as a class action.
- Reminded Council that City offices were closed Monday, January 17th, in observance of the Martin Luther King, Jr., holiday, therefore the Work Session would be held on Tuesday, January 18th.
- There were 0 ex-parte items sent to Mayor and Council after 3 pm concerning items on the agenda.
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1, 3b and 5 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.)
- Michael Mayott, Executive Director of Amend Park Development Council, 123 Lewis Avenue, Billings, MT, in reference to Item 1D, asked Council to approve the 2022 Annual Budget and Fee Structure and answered questions about outside fundraising for operating costs. The fee structure was adequate to cover operating costs. Fundraising was utlilized for special projects like turf for the fields and scoreboards.
- Ming Cabrera, Chair of Heights Task Force and Height Business Development Association, 1734 Poly Drive, Billings, MT, in reference to Item 3b, supported approval of the annexation and development of the property in Alkali Creek stating it was good business for the Heights and a great location for housing development.
1.
CONSENT AGENDA -- Separations: 1D, 1N3
A.
Bid Awards:
1.
Rose Park Pool PVC Liner Replacement. (Opened 12/7/21). Recommend RenoSys Corp.; $149,537. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
2.
W.O. 22-16: WRF Heat Exchangers. (Opened 12/21/21). Recommend rejecting all bids. UNANIMOUSLY APPROVED TO REJECT ALL BIDS
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
3.
W.O. 22-25: CCTV City Storm Drain. (Opened 12/21/21) Recommend Tru Pipe, Inc.; $185,550.10. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
4.
W.O. 22-26: WTP Sediment Hauling. (Opened 12/21/21) Recommend Winkler Excavating; $139,600. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
5.
W.O. 22-99: Annual City-Wide Traffic Signal Controller Upgrade. (Opened 12/21/21) Recommend Altitude Signal, LLC; $212,215. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
B.
Amendment No. 29, with Morrison-Maierle, Inc. for Engineering Services for the MET Transit Driver Training Lot Project; $151,347. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
C.
MET Transit Agency Safety Plan Update. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
D.
Amend Park Development Council (APDC) 2022 proposed annual budget and fee structure. UNANIMOUSLY APPROVED
Councilmember Purtinton separated the item indicating she was concerned that the fee structure was too low and would not allow for future amenities' development. Michael Mayott voiced pride in keeping fees low and the budget in the black, while making substantial annual capital improvements. Council and staff discussions continued regarding City subsidies and tax increment funds that benefited Amend Park, the reorganization of the development council, overall operations and maintenance, and services provided by the Parks Department.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 10 - 0
E.
Certificate of Survey for the property located at 6014 South Billings Boulevard, the expansion of the Billings Operations Center campus, and authorization for the Mayor to sign. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
F.
Donations to the Billings Public Library for the Teen Tech Lab; Library Foundation - $2,000; Humanities Montana - $500. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
G.
Donations to the Billings Police Department for Shop with a Cop Program; Police K-9 Program and Operations, from various donors; $57,746.48. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
H.
Donation to the Billings Fire Department to upgrade emergency response equipment from ExxonMobil Pipeline Company; $2,500. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
I.
Grant Award from the State of Montana Department of Justice to the Billings Police Department K-9 Unit; $15,000. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
J.
Resolution 22-11023 authorizing staff to apply for American Rescue Plan Act (ARPA) Competitive Grant Funds and authorization for the Mayor to sign a financial commitment letter for each submitted project. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
K.
Second/Final Reading Ordinance 22-5789 amending Article 7-1800, Billings, Montana City Code (BMCC), Cable System Franchise, TDS Metrocom, LLC. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
L.
Second/Final Reading Ordinance 22-5790 expanding Ward III (Annexation 21-12): a parcel located south of the South Frontage Road and east of East Lane. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
M.
Second/Final Reading Ordinance 22-5791 expanding Ward III (Annexation 21-13): a parcel located south of Elysian Road. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
N.
Bills for the Weeks of:
1.
November 29, 2021 UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
2.
December 6, 2021 UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
3.
December 13, 2021 APPROVED 9-0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 9 - 0
- Other:
-
Councilmember Denise Joy, Ward III (ABSTAIN)
Councilmember Joy abstained because her brother is an employee at Warren Transport who is a beneficiary of payment.
REGULAR AGENDA:
2.
PUBLIC HEARING AND SPECIAL REVIEW 991: a special review to establish a bar and casino in an existing building located at 1225 Mullowney Lane in a Corridor Mixed Use 2 (CMU2) zone district. OED, LLC, owner; Performance Engineering, agent. Zoning Commission recommends conditional approval and adoption of the findings of the 9 review criteria. (Action: approval or disapproval of Zoning Commission recommendation.) *Quasi-Judicial
Nicole Cromwell, Zoning Coordinator, presented and gave Council details about the Special Review process, conditions and review criteria. Council and staff discussed parking requirements for casinos, a shared driveway, landscaping and signage modifications.
Public hearing testimony given by:
Nicole Cromwell, Zoning Coordinator, presented and gave Council details about the Special Review process, conditions and review criteria. Council and staff discussed parking requirements for casinos, a shared driveway, landscaping and signage modifications.
Public hearing testimony given by:
- Scott Aspenlieder, agent, Performance Engineering, 608 N. 29th Street, Billings, MT, stated they had worked to meet requirements to get a vacant building occupied with the least amount of expense. He asked Council to consider financial impacts to the developer if significant changes are required. He stated new bushes would be added along Mullowney Lane and self-serve, self-pay gas pumps would added.
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 991. UNANIMOUSLY APPROVED WITH AMENDMENT ADDING A CONDITION THAT SHOULD THE USE Of THE PROPERTY CHANGE, i.e., REMOVAL OF GAS PUMPS AND CANOPY, THE PROPERTY MUST MEET LANDSCAPE REQUIREMENTS PER CODE.
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Ed Gulick, Ward I
Vote: 10 - 0
Motion to Amend requiring the height of the sign be shortened from 30 feet to 25 feet to conform to current code. FAILED 3-7
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Councilmember Neese was concerned the Special Review was not adhering to the newly adopted Project ReCode. He moved to amend the motion.
Scott Aspenlieder, agent, responded that it would be very costly to bring the sign into compliance with the current code height restrictions.
Nicole Cromwell, Zoning Coordinator, explained minor and major conformity issues for existing signs. Council and staff discussed compromises made to the sign code and the differences between existing businesses maintaining their signs versus new businesses applying for a Special Review and creating a precedent.
Vote: 3 - 7
- NO:
-
Councilmember Kendra Shaw, Ward I
Councilmember Jennifer Owen, Ward II
Councilmember Denise Joy, Ward III
Councilmember Danny Chorki, Ward III
Councilmember Pam Purinton, Ward IV
Councilmember Mike Boyett, Ward V
Mayor William Cole
Amendment to Motion adding a condition that should the use of the property change in the future, i.e., removal of gas pumps and/or canopy, the property must meet landscaping requirements per Code at that time. APPROVED 6-4
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 6 - 4
- NO:
-
Councilmember Jennifer Owen, Ward II
Councilmember Denise Joy, Ward III
Councilmember Danny Chorki, Ward III
Councilmember Pam Purinton, Ward IV
3.
ALKALI TIMBERS, LLC, PROPERTY:
a.
JOINT PUBLIC HEARING FOR ANNEXATION 21-14 AND ZONE CHANGE 1003:
i.
RESOLUTION 22-11024 FOR ANNEXATION 21-14: a parcel located west Alkali Creek Road. David and Ali Mitchell, petitioner. Staff recommends a conditional approval. (Action: approval or disapproval of staff recommendation.) *Quasi-Judicial
Monica Plecker, Planning Division Manager, presented and outlined the structure for items under Regular Agenda No. 3 and explained the inter-connectivity of the many moving parts. The annexation would be in 3 phases. She explained that Planned Neighborhood Developments were associated with annexations and provided predictability. Developers were committing holds on their property and the City provided developers with time to develop. The system allowed for more information sharing with neighborhoods. The new process eliminated developers obtaining zone changes in the County prior to annexation. She explained that resolutions allowed more flexibility than ordinances. She noted there was a change in the legal description of the Zone Change ordinance to include a "metes and bounds" description for Phase 1 of the annexation and reviewed the Limits of Annexation map. She reviewed the 5 review criteria, i.e., within limits of annexation; City able to provide adequate services; proposed public improvements meet City standards; property owners must sign a waiver of right to protest future SIDs; and proposed development must comply with zoning and site development regulation.
Monica Plecker, Planning Division Manager, presented and outlined the structure for items under Regular Agenda No. 3 and explained the inter-connectivity of the many moving parts. The annexation would be in 3 phases. She explained that Planned Neighborhood Developments were associated with annexations and provided predictability. Developers were committing holds on their property and the City provided developers with time to develop. The system allowed for more information sharing with neighborhoods. The new process eliminated developers obtaining zone changes in the County prior to annexation. She explained that resolutions allowed more flexibility than ordinances. She noted there was a change in the legal description of the Zone Change ordinance to include a "metes and bounds" description for Phase 1 of the annexation and reviewed the Limits of Annexation map. She reviewed the 5 review criteria, i.e., within limits of annexation; City able to provide adequate services; proposed public improvements meet City standards; property owners must sign a waiver of right to protest future SIDs; and proposed development must comply with zoning and site development regulation.
Councilmember Gulick disclosed he had lunch with the developer Max Griffin, but the annexation, etc. was not discussed.
Councilmember Purinton made inquiry about the City's costs to install water and sewer pipe along Alkali Creek to the proposed development area. Mr. Kukulski explained the anticipated reimbursement process for connection hook-ups into City services as future development occurred, but that it was costing the City approximately $3 million to get those services to Alkali Timbers development. Alkali Timbers would be responsible for installation and payment of infrastructure throughout the subdivision.
Councilmember Boyett clarified with Ms. Plecker the 3-part phased annexation of the entire 104 acres and the trigger points indicated in the development agreement for Phases 2 (January 10, 2025) and 3 (January 10, 2029), but that it could be modified. Further, the development agreement indicates that on the trigger dates the acres designated in Phases 2 and then 3 would be automatically annexed into the City.
Councilmember Purinton clarified with Ms. Plecker the various zones the properties in Phases 2 and 3 would be annexed per the schematic map attached to the zone change ordinance. If the developer wanted to deviate from that in the future, they would have to return to Council for approval. Councilmember Purinton voiced concern about whether the City would be liable should the area flood since it was within a floodplain. Ms. Plecker responded that construction could occur within a floodplain, but certain floodplain design regulations would have to be followed. Homes would be built outside of the floodplain and the homeowners may be required to carry floodplain insurance.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve Annexation 21-14, as recommended by staff. UNANIMOUSLY APPROVED
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Ed Gulick, Ward I
Vote: 10 - 0
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 1003: a zone change for a new Planned Neighborhood Development for 104.42 acres of land to be annexed in three phases south of Alkali Creek Road, north and east of the Billings Airport, and west of Foothill Drive. Alkali Timbers, LLC, owner; IMEG, Kolten Knatterud, P.E. and Anna Vickers, agents. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.) * Quasi-Judicial
Nicole Cromwell, Zoning Coordinator, presented and outlined the zone district mix and proposed mixed use - N3 = 74% (62.4 acres), NX1 = 6% (4.9 acres), NMU = 1% (.9 acres), and P1 = 19% (16.4 acres) of the annexation area. She stated the proposed ordinance was only for Phase 1 of the development and future public hearings and ordinances would be forthcoming when development triggered the necessity. In this case, the Zoning Commission would not need to forward any additional recommendations concerning this development. She reviewed the Zoning Commission's recommendation and the 10 review criteria; designed in accordance with the growth policy; secure from fire and other dangers; promotes public health, public safety and general welfare; facilitates adequate provisions for transportation, water, sewerage, schools, parks and other public requirements, light and air; affects motorized and non-motorized transportation; compatible urban growth; considers the character of the district and the peculiar suitability of the property for particular uses; conserves the value of the buildings; and encourages the most appropriate land use throughout the City. She noted the zone change was for all 3 phases of the development.
Mayor called for a recess at 7:41 PM.
Mayor reconvened the meeting at 7:50 PM.
Joint public hearing testimony was given by:
Nicole Cromwell, Zoning Coordinator, presented and outlined the zone district mix and proposed mixed use - N3 = 74% (62.4 acres), NX1 = 6% (4.9 acres), NMU = 1% (.9 acres), and P1 = 19% (16.4 acres) of the annexation area. She stated the proposed ordinance was only for Phase 1 of the development and future public hearings and ordinances would be forthcoming when development triggered the necessity. In this case, the Zoning Commission would not need to forward any additional recommendations concerning this development. She reviewed the Zoning Commission's recommendation and the 10 review criteria; designed in accordance with the growth policy; secure from fire and other dangers; promotes public health, public safety and general welfare; facilitates adequate provisions for transportation, water, sewerage, schools, parks and other public requirements, light and air; affects motorized and non-motorized transportation; compatible urban growth; considers the character of the district and the peculiar suitability of the property for particular uses; conserves the value of the buildings; and encourages the most appropriate land use throughout the City. She noted the zone change was for all 3 phases of the development.
Mayor called for a recess at 7:41 PM.
Mayor reconvened the meeting at 7:50 PM.
Joint public hearing testimony was given by:
- Kolten Knatterud, agent, IMEG, 1817 South Avenue West, Ste. A, Missoula, MT, spoke in favor of the phased development process because it provided developers some guarantees about the future phased development.
Councilmember Owen voiced concern about impacts to the area schools and asked the developer's agent to contact the area school principals for feedback, rather than the superintendent or school board. Mr. Knatterud indicated feedback would come during the subdivision approval process once it was determined how many lots and dwellings would be built. Ms. Plecker provided that the City's process was to communicate with a point of contact for School District No. 2 who furnished statistical information about the impacted schools' capacity, etc.
Chris Kukulski, City Administrator, mentioned that Councilmember Rupsis had asked in an email for clarification about the N3 zoning along Alkali Creek. Ms. Cromwell responded there was a park zone between Alkali Creek and the N3 zone, but it was not apparent on the mapping for Phase 2. Councilmember Rupsis's other concern was about a zone containing less than 10% of the overall development. Ms. Cromwell provided that it was allowable to have less than 10% in a zone if you had more than 2 zone districts.
Chris Kukulski, City Administrator, mentioned that Councilmember Rupsis had asked in an email for clarification about the N3 zoning along Alkali Creek. Ms. Cromwell responded there was a park zone between Alkali Creek and the N3 zone, but it was not apparent on the mapping for Phase 2. Councilmember Rupsis's other concern was about a zone containing less than 10% of the overall development. Ms. Cromwell provided that it was allowable to have less than 10% in a zone if you had more than 2 zone districts.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1003 as per the revised ordinance and adopt the findings of the 10 criteria, as recommended by the Zoning Commission. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 10 - 0
b.
DEVELOPMENT AGREEMENT with Alkali Timbers, LLC, for improvements along Alkali Creek Road south of Skyway Drive. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
No presentation was given, but staff was available for questions.
No presentation was given, but staff was available for questions.
Councilmember Neese inquired about the placement of the trail. Kolten Knatterud, agent, indicated the trail would be within the development as part of the park to provide connectivity throughout the neighborhood. The SIA, included with the subdivision plat, would require a master plan with the Parks Department and the bicycle and pedestrian liaison. Councilmember Neese confirmed with Debi Meling, Public Works Director, that water and sewer infrastructure would run through the development and would not require Alkali Creek Road to be rebuilt.
Mayor Cole voiced concerns that the development agreement did not specify "replacement" of trails, just maintenance, or include "trails" at all.
Motion: I move to approve the Development Agreement with Alkali Timbers, LLC, adding to the Waiver "multi-use trails" to the reconstruction and maintenance sentence; and adding to Section 7 of Development Agreement, "maintenance and replacement". UNANIMOUSLY APPROVED AS AMENDED TO INCLUDE REQUIRING THE DEVELOPER DURING PHASE 1 TO CONSTRUCT A 10-FOOT-WIDE ASPHALT MULTI-USE TRAIL THROUGH THE PHASE 1 PARCEL AND A GRAVEL TRAIL THROUGH PHASES 2 AND 3 PARCLS WITH DEVELOPMENT OF PHASE 2 AND PHASE 3, THE MULTI-USE TRAIL MUST BE PAVED.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 10 - 0
Councilmember Neese voiced concern about pedestrian and bicyclist safety along Alkali Creek Road and moved to amend his original motion to include construction criteria for the multi-use trial to provide better connectivity and safety.
Kolten Knatterud, agent, responded that the Fire Department required a gravel road be constructed during Phase 1 through the area identified as Phases 2 and 3 as an additional exit from subdivision. He added there would be additional trails throughout the subdivision, too. He asked Council not to require a fully constructed multi-use trail, because of the cost and because there would be a 20-foot gravel road for accessibility. He asked Council to consider having Phase 1 of the trail paved and Phases 2 and 3 portions as gravel.
Councilmember Joy inquired whether the Army Corps of Engineers could affect the positioning of the trail during the permitting process. Mr. Knatterud responded affirmatively and asked for flexibility in the development agreement because of it.
Councilmember Choriki confirmed with Debi Meling, Public Works Director, that there was a parcel of property between the proposed annexation property and the current City limits. Ms. Meling verified where sidewalks and trails would be on either side of the arterial street known as Alkali Creek Road.
Council and staff discussed pros and cons to building the entire stretch of the multi-use trail because the trail portions in Phases 2 and 3 parcels would be located in the County. The trail construction may be better addressed during the platting of the subdivision in the Subdivision Improvement Agreement.
Councilmember Owen inquired about streetlights to provide additional safety within the subdivision. Mr. Knatterud responded streetlights were not a requirement and therefore not planned.
Kolten Knatterud, agent, responded that the Fire Department required a gravel road be constructed during Phase 1 through the area identified as Phases 2 and 3 as an additional exit from subdivision. He added there would be additional trails throughout the subdivision, too. He asked Council not to require a fully constructed multi-use trail, because of the cost and because there would be a 20-foot gravel road for accessibility. He asked Council to consider having Phase 1 of the trail paved and Phases 2 and 3 portions as gravel.
Councilmember Joy inquired whether the Army Corps of Engineers could affect the positioning of the trail during the permitting process. Mr. Knatterud responded affirmatively and asked for flexibility in the development agreement because of it.
Councilmember Choriki confirmed with Debi Meling, Public Works Director, that there was a parcel of property between the proposed annexation property and the current City limits. Ms. Meling verified where sidewalks and trails would be on either side of the arterial street known as Alkali Creek Road.
Council and staff discussed pros and cons to building the entire stretch of the multi-use trail because the trail portions in Phases 2 and 3 parcels would be located in the County. The trail construction may be better addressed during the platting of the subdivision in the Subdivision Improvement Agreement.
Councilmember Owen inquired about streetlights to provide additional safety within the subdivision. Mr. Knatterud responded streetlights were not a requirement and therefore not planned.
Amendment to Motion required the developer during Phase 1 to construct a 10-foot-wide asphalt multi-use trail through the Phase 1 parcel and a gravel trail through Phases 2 and 3 parcels; with development of Phase 2 and Phase 3, the multi-use trail must be paved. APPROVED 8-2
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 8 - 2
- NO:
-
Councilmember Denise Joy, Ward III
Councilmember Danny Chorki, Ward III
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward I to include recently annexed property in Annexation 21-14: a parcel located west of Alkali Creek Road. David and Ali Mitchell, owners. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
No presentation was given, but staff was available for questions.
There was no public hearing testimony given.
Council discussed redistricting of Wards upon receipt of consensus information.
No presentation was given, but staff was available for questions.
There was no public hearing testimony given.
Council discussed redistricting of Wards upon receipt of consensus information.
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. UNANIMOUSLY APPROVED
Moved by Councilmember Ed Gulick, Ward I
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 10 - 0
4.
PUBLIC HEARING AND FIRST READING ORDINANCE amending Sections 2-211 and 2-226, Billings, Montana City Code (BMCC), Council Meeting Dates. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Chris Kukulski, City Administrator, indicated Council voted during a Work Session to propose the change for Council meeting dates to a Regular Business meeting. He acknowledged there could be scheduling conflicts with other public agency meetings and task forces if Council meeting dates changed from Monday evenings to Tuesday evenings.
There was no public hearing testimony given.
Council discussed potential conflicts, provided feedback and gave suggestions, i.e., bring more items to work sessions prior to a regular business meeting for a decision; reviewing agenda packet materials sooner, etc.
Chris Kukulski, City Administrator, indicated Council voted during a Work Session to propose the change for Council meeting dates to a Regular Business meeting. He acknowledged there could be scheduling conflicts with other public agency meetings and task forces if Council meeting dates changed from Monday evenings to Tuesday evenings.
There was no public hearing testimony given.
Council discussed potential conflicts, provided feedback and gave suggestions, i.e., bring more items to work sessions prior to a regular business meeting for a decision; reviewing agenda packet materials sooner, etc.
Motion: Having heard written and spoken testimony, I move to approve first reading ordinance amending Sections 2-211 and 2-226, Billings, Montana City Code (BMCC), Council Meeting Dates, as recommended by staff. APPROVED 6-4
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Mike Boyett, Ward V
Vote: 6 - 4
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
Councilmember Daniel Tidswell, Ward IV
Councilmember Pam Purinton, Ward IV
Substitute Motion: Table for 6 months to be brought back to Council during a Work Session. FAILED 4-6
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Jennifer Owen, Ward II
Vote: 4 - 6
- NO:
-
Councilmember Kendra Shaw, Ward I
Councilmember Ed Gulick, Ward I
Councilmember Denise Joy, Ward III
Councilmember Danny Chorki, Ward III
Councilmember Mike Boyett, Ward V
Mayor William Cole
5.
NOMINATION AND ELECTION OF DEPUTY MAYOR PRO TEMPORE. Staff recommends City Council nominate and elect a Deputy Mayor Pro Tempore. (Action: approval or disapproval of staff recommendation.)
Motion: I move to nominate and elect, Councilmember Neese as Deputy Mayor Pro Tempore. COUNCILMEMBER NEESE WAS ELECTED 6-4
Moved by Councilmember Pam Purinton, Ward IV
Seconded by
Vote: 6 - 4
- NO:
-
Councilmember Kendra Shaw, Ward I
Councilmember Ed Gulick, Ward I
Councilmember Denise Joy, Ward III
Councilmember Danny Chorki, Ward III
Motion: I move to nominate and elect, Councilmember Joy as Deputy Mayor Pro Tempore. FAILED 4-6
Moved by Councilmember Kendra Shaw, Ward I
Seconded by
Vote: 4 - 6
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
Councilmember Daniel Tidswell, Ward IV
Councilmember Pam Purinton, Ward IV
Councilmember Mike Boyett, Ward V
Mayor William Cole
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.)
- Tom Zurbuchen, 1747 Wicks Lane, Billings, MT, provided the Judge's decision in the McDaniel's case for the Council's review.
COUNCIL INITIATIVES:
There were no Council initiatives.
ADJOURN: 9:47 P.M.
| CITY OF BILLINGS | ||
| ATTEST: |  |
BY: William A. Cole, Mayor |
BY:  Denise R. Bohlman, City Clerk |
||