APPROVED
MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
January 24, 2022
MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
January 24, 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.
CALL TO ORDER: Mayor Cole
PLEDGE OF ALLEGIANCE: Mayor Cole
INVOCATION: Councilmember Shaw
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 Choriki, Ward III
- Councilmember Daniel Tidswell, Ward IV
- Councilmember Pam Purinton, Ward IV
- Councilmember Mike Boyett, Ward V
- Councilmember Tom Rupsis, Ward V
- Mayor William Cole
- Staff Present:
-
- Chris Kukulski, City Administrator
- Kevin Iffland, Assistant City Administrator
- Gina Dahl, City Attorney
- Toni Keehner, Deputy City Clerk
- Andy Zoeller, Finance Director
- Debi Meling, Public Works Director
- Wyeth Friday, Planning Director
- Nicole Cromwell, Zoning Coordinator
- Monica Plecker, Planning Division Manager
- Lora Mattox, Transportation Planner
MINUTES:
December 20, 2021 - UNANIMOUSLY APPROVED
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
January 10, 2022 - PENDING
Moved by
Seconded by
COURTESIES:
- Mayor Cole attended a meeting with Governor Gianforte at the Billings Library to discuss overcrowding at the jail and mental health and substance abuse issues.
PROCLAMATIONS: Ag Celebration Week - January 24-28, 2022
COUNCIL REPORTS:
- Councilmember Shaw informed Council that she, Councilmember Choriki, Mayor Cole, and former Councilmember Yakawich had begun meeting to make plans for a Covid-19 Memorial.
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
COUNCILMEMBER RUPSIS MADE A MOTION TO MOVE REGULAR AGENDA ITEM 4 (to include 4a, 4i, 4ii, 4b and 4c) TO BEFORE CONSENT AGENDA, SECONDED BY COUNCILMEMBER BOYETT. UNANIMOUSLY APPROVED
- Received request from agent to delay Regular Agenda Item 4 (to include 4a, 4i, 4ii, 4b and 4c) until March 14, 2022.
- No exparte items received after 3 pm.
COUNCILMEMBER RUPSIS MADE A MOTION TO MOVE REGULAR AGENDA ITEM 4 (to include 4a, 4i, 4ii, 4b and 4c) TO BEFORE CONSENT AGENDA, SECONDED BY COUNCILMEMBER BOYETT. UNANIMOUSLY APPROVED
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1b and 2 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.)
There was no public comment.
There was no public comment.
1.
DORN REAL ESTATE AND DEVELOPMENT PROPERTY:
Motion to delay until March 14, 2022 UNANIMOUSLY APPROVED
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Mike Boyett, Ward V
Vote: 11 - 0
a.
JOINT PUBLIC HEARING FOR ANNEXATION 21-15 AND ZONE CHANGE 1004:
Motion to delay until March 14, 2022 UNANIMOUSLY APPROVED
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Mike Boyett, Ward V
Vote: 11 - 0
i.
RESOLUTION FOR ANNEXATION 21-15: a parcel located south of Central Avenue and west of Shiloh Road. Dorn Real Estate and Development, petitioner. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.)* Quasi-Judicial
Motion to delay until March 14, 2022 UNANIMOUSLY APPROVED
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Mike Boyett, Ward V
Vote: 11 - 0
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 1004: a zone change for a new Planned Neighborhood Development for 27.81 acres of land currently zoned Agriculture (A) in the county, to be annexed and zoned N2, NX1, NX3 and Public 1, located south of Bell Avenue and north of Monad Road and the Bannister Drain and west of Shiloh Road. Dorn Lowe, LLC (Rick Dorn) and Robert & Bonnie Bell, owners. The Zoning Commission voted 2-2 to recommend approval and adoption of the staff proposed findings of the 10 criteria. The tie vote results in "no recommendation" from the Zoning Commission. (Action: approval or disapproval.) * Quasi-Judicial
Motion to delay until March 14, 2022 UNANIMOUSLY APPROVED
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Mike Boyett, Ward V
Vote: 11 - 0
b.
DEVELOPMENT AGREEMENT with Dorn Real Estate and Development for improvements north of Monad Road and west of Shiloh Road. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Motion to delay until March 14, 2022 UNANIMOUSLY APPROVED
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Mike Boyett, Ward V
Vote: 11 - 0
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward V to include recently annexed property in Annexation 21-15: a parcel located south of Central Avenue and west of Shiloh Road. Dorn Real Estate and Development, petitioner. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Motion to delay until March 14, 2022 UNANIMOUSLY APPROVED
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Mike Boyett, Ward V
Vote: 11 - 0
2.
CONSENT AGENDA -- Separations: 2B, 2D, 2E, 2G, 2I2
A.
Bid Awards: None
B.
Grant Application Request to submit FY22-FY23, Montana State Historic Preservation Office Certified Local Government (CLG) grant application; $6,000. UNANIMOUSLY APPROVED
Councilmember Purinton indicated it did not appear the Yellowstone Historic Preservation Board (YHPB) had been meeting regularly and after discussions with the County she could not support the grant application request. Lora Mattox, Transportation Planner, indicated the Yellowstone Historic Preservation Board did meet regularly and minutes and agendas were on the City's website. She reviewed the YHPB's role in various preservation projects that had been completed and places it had helped to become listed on the National Register of Historic Places. Council discussed how the funding was utilized. Ms. Mattox discussed how the funding and local matches were used by the YHPB to coordinate historic preservation activities.
Motion to NOT approve Item 2B
Motion to NOT approve Item 2B
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Roy Neese, Ward II
Substitute motion to approve Item 2B
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
C.
Grant Application Request to submit Montana Trail Stewardship Grant Program (MTSGP) application for paving the Riverfront Park Connection Trail; up to $75,000. UNANIMOUSLY APPROVED
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
D.
Extension to execute TIF Assistance Development Agreement with Halsten Holdings, LCC (Burger Dive). APPROVED 10-0
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 0
- Other:
-
Councilmember Ed Gulick, Ward I (ABSTAIN)
Councilmember Gulick abstained due to a personal relationship.
E.
Extension to execute TIF Assistance Development Agreement with Montana Rescue Mission. APPROVED 10-0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Danny Choriki, Ward III
Vote: 10 - 0
- Other:
-
Councilmember Roy Neese, Ward II (ABSTAIN)
Councilmember Neese abstained due to a client relationship.
F.
Utility Right-of-Way Easement with Tractor & Equipment Co. for water and sanitary main improvements located along Harnish Boulevard. UNANIMOUSLY APPROVED
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
G.
Second/Final Reading Ordinance amending Sections 2-211 and 2-226, Billings, Montana City Code (BMCC), Council Meeting Dates. FAILED
Councilmember Tidswell indicated his employer required him to travel and moving Council meetings to Tuesdays would interfere with his job requirements. Council discussed the potential benefits and possible negative impacts to changing the day Council met for meetings.
Councilmember Tidswell indicated his employer required him to travel and moving Council meetings to Tuesdays would interfere with his job requirements. Council discussed the potential benefits and possible negative impacts to changing the day Council met for meetings.
Motion to approve with start date of May 1, 2022
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Danny Choriki, Ward III
Motion to disapprove
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Jennifer Owen, Ward II
Vote: 7 - 4
- NO:
-
Councilmember Kendra Shaw, Ward I
Councilmember Denise Joy, Ward III
Councilmember Danny Choriki, Ward III
Councilmember Tom Rupsis, Ward V
H.
Second/Final Reading Ordinance 22-5792 expanding Ward I (Annexation 21-14): a parcel located west of Alkali Creek Road. UNANIMOUSLY APPROVED
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
I.
Bills for the Weeks of:
1.
December 20, 2021 UNANIMOUSLY APPROVED
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
2.
December 28, 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 Pam Purinton, Ward IV (ABSTAIN)
Councilmember Joy abstained due to a personal relationship.
Councilmember Purinton abstained due to a client relationship.
Councilmember Purinton abstained due to a client relationship.
REGULAR AGENDA:
3.
PUBLIC HEARING AND RESOLUTION 22-11025 approving and adopting FY2022 budget amendments. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Andy Zoeller, Finance Director, reviewed the budget amendments.
There was no public hearing testimony given.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve and adopt the FY2022 budget amendments, as recommended by staff. UNANIMOUSLY APPROVED
Andy Zoeller, Finance Director, reviewed the budget amendments.
There was no public hearing testimony given.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve and adopt the FY2022 budget amendments, as recommended by staff. UNANIMOUSLY APPROVED
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
4.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE 22-5793 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, gave a presentation of the proposed zone change. She stated Section 3 of the Ordinance referred to a mixed residential neighborhood development and the word mixed was not accurate and should be removed from the Ordinance. She indicated the Legal Ads and property owner letters had been advertised correctly.
Public hearing testimony given by:
Nicole Cromwell, Zoning Coordinator, gave a presentation of the proposed zone change. She stated Section 3 of the Ordinance referred to a mixed residential neighborhood development and the word mixed was not accurate and should be removed from the Ordinance. She indicated the Legal Ads and property owner letters had been advertised correctly.
Public hearing testimony given by:
- Kolten Knatterud, agent, IMEG, 1817 South Avenue West, Ste A, Missoula, MT, spoke in favor of the zone change.
- David Mitchell, 1655 Valley Heights, Billings, MT, spoke in favor of the zone change.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Roy Neese, Ward II
Vote: 11 - 0
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.)
- Toby Erickson, 4142 Banbury Place, Billings, Montana: in reference to Zone Change 1004, encouraged Council to look at the proposed changes from the neighbors' perspective.
- Ed Hoffman, 4246 Central Avenue, Billings, Montana: in reference to Zone Change 1004, stated emergency services, traffic and schools in the area were already overwhelmed and could not handle the proposed development.
COUNCIL INITIATIVES:
Councilmember Choriki directed staff to add "Housing Needs" to a future Work Session as a topic for discussion:
Moved by Councilmember Danny Choriki, Ward III
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Councilmember Gulick requested Council allow him 15 minutes at a future Work Session to make a presentation regarding "High Performance Cities":
Moved by Councilmember Ed Gulick, Ward I
Seconded by Councilmember Tom Rupsis, Ward V
Vote: 11 - 0
ADJOURN: 9:02 PM
| CITY OF BILLINGS | ||
| ATTEST: |  |
BY: William A. Cole, Mayor |
BY:  Denise R. Bohlman, City Clerk |
||