APPROVED
MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
February 28, 2022
MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
February 28, 2022
The Billings City Council met in regular session in the Royal Johnson Community Room at the Billings Public Library, 510 North Broadway, Billings, Montana, at 5:30 PM.
CALL TO ORDER: Mayor Cole
PLEDGE OF ALLEGIANCE: Mayor Cole
INVOCATION: Councilmember Neese
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
- Councilmember Tom Rupsis, Ward V
- Mayor William Cole
- Staff Present:
-
- Chris Kukulski, City Administrator
- Kevin Iffland, Assistant City Administrator
- Gina Dahl, City Attorney
- Denise Bohlman, City Clerk
- Andy Zoeller, Finance Director
- Debi Meling, Public Works Director
- Wyeth Friday, Planning Director
- Monica Plecker, Planning Manager
- Nicole Cromwell, Zoning Coordinator
- Karen Husman, Planner
MINUTES:
- January 10, 2022 - UNANIMOUSLY APPROVED
- Moved by Councilmember Mike Boyett, Ward V
- Seconded by Councilmember Choriki, Ward III
- January 24, 2022 - with a correction of the Councilmember's name from Gulick to Tidswell under Consent Agenda Item 2G - UNANIMOUSLY APPROVED
- Moved by Councilmember Kendra Shaw, Ward I
- Seconded by Councilmember Boyett, Ward V
- February 14, 2022 - with a correction of the misspelling of Mike Schaer's name under public comment - UNANIMOUSLY APPROVED
- Moved by Councilmember Ed Gulick, Ward I
- Seconded by Councilmember Joy, Ward III
COURTESIES:
- There were no courtesies.
PROCLAMATIONS: February 2022 - 60th Anniversary of KURL Radio Month
COUNCIL REPORTS:
- There were no Council reports given.
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
- Reminded Council that meetings return to Council Chambers in City Hall beginning with the March 7th Work Session meeting.
- Parks and Trails meeting - March 1st, from 3 PM to 5 PM – Royal Johnson Community Room at Billings Public Library
- Chat with Chief event - March1st, from 6 PM to 8 PM – Royal Johnson Community Room at Billings Public Library
- There was 1 ex-parte item sent to Mayor and Council after 3 pm from Julie Seedhouse concerning support for Regular Agenda Item No. 4, Zone Change 1005.
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1 and 7b 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.)
- Crystal Reese, 3116 Boulder Avenue, #5, Billings, MT, in reference to Item 1F, questioned whether School Resource Officers (SRO) were given child-specific training. She shared her personal experience between an SRO and her child and voiced her concern. She provided a handout that was distributed to Council.
1.
CONSENT AGENDA - There were no separations.
A.
Bid Awards:
1.
W.O. 22-03: Contract No. 2 City Chip Seal. (Opened 2/8/22) Recommend Hardrives Construction, Inc.; $1,355,014.24. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
2.
W.O. 22-04: City ADA Project. (Opened 2/8/22) Recommend J & J Concrete, Inc.; $310,568. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
3.
W.O. 22-11: Staples 6 MG Reservoir Repair. (Opened 2/8/22) Recommend Hydro-Tech, Inc.; $118,900. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
B.
City-County Special Investigations Unit (CCSIU) Agreement with Yellowstone County for 2022. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
C.
Compensation Agreement with Alkali Timbers, LLC. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
D.
Professional Services Contract for W.O. 27-27: Landfill Gas Emissions Compliance; Jacobs Engineering Group, Inc.; $279,895. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
E.
Memorandum of Understanding between the City of Billings and Bright n' Beautiful; $12,000 annually for three years. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
F.
Memorandums of Understanding between the City of Billings and Billings Public Schools and Billings Catholic Schools for School Resource Officer Program; $365,311. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
G.
Grant Application Request to submit application for Recreational Trails Grant Program for trail segment along the Torgerson property and acceptance of award; up to $30,000. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
H.
Acceptance of three (3) American Rescue Plan Act (ARPA) Grants for 2021 Water Main Replacements, West End Plant and Raw Water Delivery, and Influent Lift Station Projects for $2 million each, a total of $6 million; and authorization for the Mayor to sign the grant agreements. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
I.
Acceptance of applicant's request to withdraw applications for Annexation 21-15 and Zone Change 1004. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
J.
Preliminary Major Plat of Timbers Subdivision, 1st Filing, generally located south of Alkali Creek Road and west of Foothill Drive; Ali and David Mitchell, owners; IMEG, agent; conditional approval and adoption of the findings of fact and the variance approved. * Quasi-Judicial UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
K.
Resolution 22-11026 authorizing the use of alternative project delivery for New City Hall Facility. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
L.
Bills for the Weeks of:
1.
January 24, 2022 - UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
2.
January 31, 2022 - UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
REGULAR AGENDA:
2.
PUBLIC HEARING AND RESOLUTION 22-11027 assessing the nuisance property abatements. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) UNANIMOUSLY APPROVED
Andy Zoeller, Finance Director, presented and reviewed the nuisance abatement process.
There was no public hearing testimony.
Andy Zoeller, Finance Director, presented and reviewed the nuisance abatement process.
There was no public hearing testimony.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a Resolution assessing the nuisance property abatements, as recommended by staff.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Daniel Tidswell, Ward IV
Vote: 11 - 0
3.
PUBLIC HEARING AND RESOLUTION 22-11028 assessing the weed abatements. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) UNANIMOUSLY APPROVED
Andy Zoeller, Finance Director, presented and explained the weed abatement assessment formula. He provided a list of property owners and noted some property owners had paid their assessments in full just prior to the meeting. One property had circumstances and staff recommended that administrative fees be removed, but the removal fees would remain. Mr. Zoeller asked Council to approve the resolution and authorize staff to remove any properties that had paid their assessments prior to the start of the meeting.
Wyeth Friday, Planning Director, provided statistics for 2020-2021 cases indicating the compliance rates and assessments for fall and spring seasons. Council and staff discussed current boulevard mowing policies, safety concerns, outsourcing mowing contracts and future subdivision landscaping requirements.
Tina Hoeger, the new Code Enforcement Manager, was introduced. She formerly served the City for 28 years as a police officer and most recently retired as a sergeant. She also served as the representative police officer to the Heights Task Force.
There was no public hearing testimony.
Andy Zoeller, Finance Director, presented and explained the weed abatement assessment formula. He provided a list of property owners and noted some property owners had paid their assessments in full just prior to the meeting. One property had circumstances and staff recommended that administrative fees be removed, but the removal fees would remain. Mr. Zoeller asked Council to approve the resolution and authorize staff to remove any properties that had paid their assessments prior to the start of the meeting.
Wyeth Friday, Planning Director, provided statistics for 2020-2021 cases indicating the compliance rates and assessments for fall and spring seasons. Council and staff discussed current boulevard mowing policies, safety concerns, outsourcing mowing contracts and future subdivision landscaping requirements.
Tina Hoeger, the new Code Enforcement Manager, was introduced. She formerly served the City for 28 years as a police officer and most recently retired as a sergeant. She also served as the representative police officer to the Heights Task Force.
There was no public hearing testimony.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a Resolution assessing the weed abatements, as recommended by staff.
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
4.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1005: a zone change for an 8.02 acre parcel located at 934 Lewis Avenue. Billings Elks Lodge, BPOE 394, owner; Goodridge Real Estate and Thrive Corporation, agents. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.) * Quasi-Judicial APPROVED 10-1, NEESE OPPOSED
Nicole Cromwell, Zoning Coordinator, presented and provided an outline of the proposed uses and zoning allowances and the 10 review criteria. She indicated there was no development or concept plan to review at this time, but a traffic impact study, stormwater management plan and master site plan would be required. She reviewed the area's street conditions and right of ways and noted that the west half of 10th Street West was fully constructed, the east half needed upgrades and the length south of Yellowstone Avenue was vacated and no longer a public right of way to Wyoming Avenue. Yellowstone Avenue to the west of the property was also vacated, leaving only 2 streets with accesses to the property. Traffic counts were reviewed for the area's local streets, collector streets, and arterial streets. The Zoning Commission recommended approval based on the 10 review criteria. Council and staff discussed interpretation of criteria.
Jeff Kanning, Collaborative Design Architects, developer's representative, spoke in favor of the zone change. He added there was no plan to discontinue use of the tennis center. It would be kept for community and tenant use. He addressed questions about the configuration of the apartment building and its proximity to the YWCA Women's Shelter and perceived security concerns.
Council and staff discussed possible future traffic impacts to the Lewis Avenue and 8th Street West intersection and possible mitigation costs to the developer. Also discussed was allowable uses for the area under the old zoning code prior to Project ReCode; whether notice of the zone change was given to individual property owners and that process; future infrastructure improvements along Yellowstone Avenue and 10th Street West and the passage of SIDs; parking and park development. Council and staff discussed the 1999 Central-Terry Neighborhood Plan, infill policy adopted in 2011, and plans for updating neighborhood plans.
Public hearing testimony in favor of the zone change was given by:
Nicole Cromwell, Zoning Coordinator, presented and provided an outline of the proposed uses and zoning allowances and the 10 review criteria. She indicated there was no development or concept plan to review at this time, but a traffic impact study, stormwater management plan and master site plan would be required. She reviewed the area's street conditions and right of ways and noted that the west half of 10th Street West was fully constructed, the east half needed upgrades and the length south of Yellowstone Avenue was vacated and no longer a public right of way to Wyoming Avenue. Yellowstone Avenue to the west of the property was also vacated, leaving only 2 streets with accesses to the property. Traffic counts were reviewed for the area's local streets, collector streets, and arterial streets. The Zoning Commission recommended approval based on the 10 review criteria. Council and staff discussed interpretation of criteria.
Jeff Kanning, Collaborative Design Architects, developer's representative, spoke in favor of the zone change. He added there was no plan to discontinue use of the tennis center. It would be kept for community and tenant use. He addressed questions about the configuration of the apartment building and its proximity to the YWCA Women's Shelter and perceived security concerns.
Council and staff discussed possible future traffic impacts to the Lewis Avenue and 8th Street West intersection and possible mitigation costs to the developer. Also discussed was allowable uses for the area under the old zoning code prior to Project ReCode; whether notice of the zone change was given to individual property owners and that process; future infrastructure improvements along Yellowstone Avenue and 10th Street West and the passage of SIDs; parking and park development. Council and staff discussed the 1999 Central-Terry Neighborhood Plan, infill policy adopted in 2011, and plans for updating neighborhood plans.
Public hearing testimony in favor of the zone change was given by:
- Jeff Isom, 2821 Saratoga Trail, Billings, MT, representative of the Elks Lodge.
- Kolten Knatterud, IMEG Corp., Billings MT, representative of the Home Builders Association.
- Greg McCall, McCall Homes, Billings, MT, representative of City-Council Zoning Commission.
- John Halverson, 239 Avenue F, Billings, MT.
- Merry Lee Olson, YWCA CEO, 909 Wyoming Avenue, Billings, MT.
- Linda Healow, 312 Clark Avenue, Billings, MT.
- James Healow, 312 Clark Avenue, Billings, MT.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1005 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
Councilmember Joy indicated infill was the best use of taxpayer money and supported the motion.
Councilmember Shaw spoke in favor of adding badly needed housing, rather than possible commercial businesses to the area.
Councilmember Owen voiced concerns about the processes and that decisions were made without substantial data, but would support the motion.
Councilmember Neese disagreed with the process and wanted N2 zoning considered for the area as well. He added the proposed zoning could have been planned more sensibly and he would not support the motion for approval.
Councilmember Rupsis voiced support for the motion, adding that traffic from the development was appropriately directed toward collector streets. He supported full construction of Yellowstone Avenue and 10th Street. He was concerned the process appeared to be weighted against residents living around zone changes. It was inconceivable that the developers did not have some plan to conclude the project's feasibility.
Councilmember Boyett voiced frustration with the process in that traffic studies, density studies, etc. were not known until after Council had made a decision and too much was left to staff to decide and not Council. Council had limited options, but would support the motion.
Councilmember Purinton added her concerns with the process and about safe routes to schools for the children along Lewis Avenue.
Councilmember Gulick supported NX1 zoning and variety in housing choices.
Councilmember Choriki clarified that developers did not incur expenses of studies, etc. until after a zone change was attempted in case Council did not approve them. He added Council was responsible for defining processes and policies. He supported infill.
Mayor Cole indicated future obligations for dedication and development of City rights-of-way should be a part of site development regulations, not just for subdivisions. He added Yellowstone Avenue and 10th Street West needed to be developed. He noted requiring preliminary studies added to costs for the developer, but perhaps that should be added to the process for infill projects keeping in mind requiring those could actually discourage infill. He noted the proposed zoning was better than the existing CMU zoning, and he would support the motion.
Councilmember Shaw spoke in favor of adding badly needed housing, rather than possible commercial businesses to the area.
Councilmember Owen voiced concerns about the processes and that decisions were made without substantial data, but would support the motion.
Councilmember Neese disagreed with the process and wanted N2 zoning considered for the area as well. He added the proposed zoning could have been planned more sensibly and he would not support the motion for approval.
Councilmember Rupsis voiced support for the motion, adding that traffic from the development was appropriately directed toward collector streets. He supported full construction of Yellowstone Avenue and 10th Street. He was concerned the process appeared to be weighted against residents living around zone changes. It was inconceivable that the developers did not have some plan to conclude the project's feasibility.
Councilmember Boyett voiced frustration with the process in that traffic studies, density studies, etc. were not known until after Council had made a decision and too much was left to staff to decide and not Council. Council had limited options, but would support the motion.
Councilmember Purinton added her concerns with the process and about safe routes to schools for the children along Lewis Avenue.
Councilmember Gulick supported NX1 zoning and variety in housing choices.
Councilmember Choriki clarified that developers did not incur expenses of studies, etc. until after a zone change was attempted in case Council did not approve them. He added Council was responsible for defining processes and policies. He supported infill.
Mayor Cole indicated future obligations for dedication and development of City rights-of-way should be a part of site development regulations, not just for subdivisions. He added Yellowstone Avenue and 10th Street West needed to be developed. He noted requiring preliminary studies added to costs for the developer, but perhaps that should be added to the process for infill projects keeping in mind requiring those could actually discourage infill. He noted the proposed zoning was better than the existing CMU zoning, and he would support the motion.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Denise Joy, Ward III
Vote: 10 - 1
- NO:
-
Councilmember Roy Neese, Ward II
5.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1006: a zone change located on Block 2, Lots 1-2 of the West Billings Heights Subdivision, located at 1204 Howard Avenue. Ashley Delp, owner. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.) * Quasi-Judicial UNANIMOUSLY APPROVED
Karen Husman, Planner, presented and explained that the configuration of the proposed development was to create 4 living units from the current duplex. She reviewed neighboring zoning. The Zoning Commission forwarded a recommendation of approval and adoption of the 10 review criteria.
Council and staff discussed parking requirements.
Ashley Delp, property owner, and Chris Ketchell, the developer, appeared via Zoom, and addressed Council's questions concerning parking, square footage of basement units and market rent rates.
There was no public hearing testimony.
Karen Husman, Planner, presented and explained that the configuration of the proposed development was to create 4 living units from the current duplex. She reviewed neighboring zoning. The Zoning Commission forwarded a recommendation of approval and adoption of the 10 review criteria.
Council and staff discussed parking requirements.
Ashley Delp, property owner, and Chris Ketchell, the developer, appeared via Zoom, and addressed Council's questions concerning parking, square footage of basement units and market rent rates.
There was no public hearing testimony.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1006 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
6.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1007: a zone change on 51 parcels in the Emma Jean Heights Subdivision located off Bitterroot Drive. Chamberlain Construction, Felton Associates, Rodney and Mary Giesler, Jerry and Sandra Stoltenberg, Livelynye, LLC, Brent and Krista Montague, Kenneth and Denise Roesch, Green Jeans, LLC, owners; Charlie Felton and Kerry Martinson, agents. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.) * Quasi-Judicial UNANIMOUSLY APPROVED
Karen Husman, Planner, presented and provided an overview of the subject property, explaining that prior to Project ReCode, the properties had been zoned R-7000 which allowed single AND 2-family dwellings on it. After Project ReCode, the properties could be zoned N2 or N3 to provide the same allowances and would be compatible with the adjacent neighbors.
Council and staff discussed the sequence of events that flagged the property for a zone change.
Charles Felton, owner/agent, expressed irritation with the process. He noted that the changes to the zoning code had cost him, other builders and new lot owners valuable time and money and created hardships because of the delays. He noted there were considerable differences between N2 and N3 homes. He asked Council to expedite the zone change, so he could develop his property.
William Thompson, 365 Stewart Court South, Billings, MT, a builder of 3 homes in the subdivision, noted that there were changes to the construction of homes being built in the subdivision because of the zone change, but those changes would create better continuity.
Council and staff discussed the administrative process that could circumvent zone changes being brought to Council. In this case, the builders and property owners had changed their minds to build only single-family homes and not multifamily homes. The zone change had little to do with the transition between R-7000 zoning and the changes raised by Project ReCode.
Public hearing testimony was given by:
Karen Husman, Planner, presented and provided an overview of the subject property, explaining that prior to Project ReCode, the properties had been zoned R-7000 which allowed single AND 2-family dwellings on it. After Project ReCode, the properties could be zoned N2 or N3 to provide the same allowances and would be compatible with the adjacent neighbors.
Council and staff discussed the sequence of events that flagged the property for a zone change.
Charles Felton, owner/agent, expressed irritation with the process. He noted that the changes to the zoning code had cost him, other builders and new lot owners valuable time and money and created hardships because of the delays. He noted there were considerable differences between N2 and N3 homes. He asked Council to expedite the zone change, so he could develop his property.
William Thompson, 365 Stewart Court South, Billings, MT, a builder of 3 homes in the subdivision, noted that there were changes to the construction of homes being built in the subdivision because of the zone change, but those changes would create better continuity.
Council and staff discussed the administrative process that could circumvent zone changes being brought to Council. In this case, the builders and property owners had changed their minds to build only single-family homes and not multifamily homes. The zone change had little to do with the transition between R-7000 zoning and the changes raised by Project ReCode.
Public hearing testimony was given by:
- Kerry Martinson, Four Seasons Real Estate, 2044 Broadwater Avenue, Billings, MT, noted that the final plat had been in the Planning Department's offices during Project ReCode and it would have been prudent for someone from the Planning Department to contact Mr. Felton about the zone changes to the code for the 51 lots. It was not discovered to be out of compliance until builders applied for building permits.
- Tina Rieckmann, 1405 Jean Avenue, Billings, MT, stated she was a homeowner in the area and the zoning needed to be N3 to keep the integrity of the neighborhood.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1007 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Jennifer Owen, Ward II
Vote: 11 - 0
7.
ZIMMERMAN HOME PLACE PROPERTY:
a.
JOINT PUBLIC HEARING FOR ANNEXATION 22-02 AND ZONE CHANGE 1009:
i.
RESOLUTION FOR ANNEXATION 22-02: a parcel located in Zimmerman Home Place Subdivision. Highlands ZHP Subdivision, LLC, et al.; petitioners. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.) * Quasi-Judicial UNANIMOUSLY APPROVED
Monica Plecker, Planning Division Manager, presented and explained the new zoning tool that incentivizes master planning efforts for newly annexed property - Planned Neighborhood Development. She noted the benefits as predictability, plan-ability, and providing the City more control. She reviewed the Limits of Annexation map and showed the subject parcel surrounded on 3 sides by parcels in the City limits. The subject property was always intended to be annexed into the City and meet City urban standards.
Nicole Cromwell, Zoning Coordinator, provided a presentation for the associated zone change. The developers chose to do a zone change to change zone boundaries. If the developers had not wished to make changes, the annexation could have been accomplished without any zone change. She compared the existing zoning map and the proposed zoning map. She reviewed traffic counts of arterial and collector streets around the subject property.
Monica Plecker indicated City staff had no concerns about providing services to the property. She reviewed details of the development agreement concerning infrastructure, sidewalks, etc. and a waiver of right to protest future SIDs. She provided the zone change review criteria and stated the Zoning Commission recommended approval and adoption of the 10 review criteria. She reminded Council of the joint public hearing and that 2 separate votes were needed, one for the annexation and one for the zone change.
Preston Lees, developer, noted where the apartments would be built along Colton Boulevard and explained they would have rear entry driveways, so cars would not back onto the multi-use trail and create a safety hazard. This would cause the construction of the apartments to be moved forward on the property and more park areas would be included.
Council and staff discussed compatibility of various housing within neighborhoods as not being identical housing. They discussed ways to state findings different from that of the Zoning Commission by using the same review criteria. Also discussed was traffic impact studies.
Joint public hearing testimony was given by:
Monica Plecker, Planning Division Manager, presented and explained the new zoning tool that incentivizes master planning efforts for newly annexed property - Planned Neighborhood Development. She noted the benefits as predictability, plan-ability, and providing the City more control. She reviewed the Limits of Annexation map and showed the subject parcel surrounded on 3 sides by parcels in the City limits. The subject property was always intended to be annexed into the City and meet City urban standards.
Nicole Cromwell, Zoning Coordinator, provided a presentation for the associated zone change. The developers chose to do a zone change to change zone boundaries. If the developers had not wished to make changes, the annexation could have been accomplished without any zone change. She compared the existing zoning map and the proposed zoning map. She reviewed traffic counts of arterial and collector streets around the subject property.
Monica Plecker indicated City staff had no concerns about providing services to the property. She reviewed details of the development agreement concerning infrastructure, sidewalks, etc. and a waiver of right to protest future SIDs. She provided the zone change review criteria and stated the Zoning Commission recommended approval and adoption of the 10 review criteria. She reminded Council of the joint public hearing and that 2 separate votes were needed, one for the annexation and one for the zone change.
Preston Lees, developer, noted where the apartments would be built along Colton Boulevard and explained they would have rear entry driveways, so cars would not back onto the multi-use trail and create a safety hazard. This would cause the construction of the apartments to be moved forward on the property and more park areas would be included.
Council and staff discussed compatibility of various housing within neighborhoods as not being identical housing. They discussed ways to state findings different from that of the Zoning Commission by using the same review criteria. Also discussed was traffic impact studies.
Joint public hearing testimony was given by:
- Rick Leuthold, Sanderson Stewart, Billings, MT, asked for Council's support for the annexation and zone change. He noted creating diverse neighborhoods was preferable and a better use of land.
- Jeff Carroll, 2105 Avalon, Billings, MT, appeared via Zoom, and explained there were massive changes being made to the original N3 zoning, and he was not supportive of constructing rental duplexes without a buffer zone between single-family homes.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve Annexation 22-02, as recommended by staff.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Roy Neese, Ward II
Vote: 11 - 0
ii.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1009: a zone change for a 36.66 acre parcel located south of Colton Boulevard and west of Zimmerman Trail. Highlands ZHP Subdivision, LLC, et al., owners; Performance Engineering, agent. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.) * Quasi-Judicial APPROVED 7-4
Nicole Cromwell, Zoning Coordinator, presented during the joint annexation and zone change presentation, noted above.
Councilmembers Shaw, Gulick, Rupsis and Joy spoke in favor of the zone change.
Councilmember Neese stated homebuyers purchase property in certain zoned areas because they like the development and expect to see the same type of development continue in their neighborhood. He indicated Council should not approve planned neighborhoods if they did not fully support the alterations. He would not support the motion because the N3 buffer was moved and the existing property owners investment would not be preserved by the change.
Councilmember Purinton agreed with Councilmember Neese's statement concerning a buffer, but agreed the land use begged diversity.
Nicole Cromwell, Zoning Coordinator, presented during the joint annexation and zone change presentation, noted above.
Councilmembers Shaw, Gulick, Rupsis and Joy spoke in favor of the zone change.
Councilmember Neese stated homebuyers purchase property in certain zoned areas because they like the development and expect to see the same type of development continue in their neighborhood. He indicated Council should not approve planned neighborhoods if they did not fully support the alterations. He would not support the motion because the N3 buffer was moved and the existing property owners investment would not be preserved by the change.
Councilmember Purinton agreed with Councilmember Neese's statement concerning a buffer, but agreed the land use begged diversity.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1009 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Ed Gulick, Ward I
Vote: 7 - 4
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Daniel Tidswell, Ward IV
Councilmember Pam Purinton, Ward IV
Councilmember Mike Boyett, Ward V
b.
DEVELOPMENT AGREEMENT with Highlands ZHP Subdivision, LLC, et al., for property located south of Colton Boulevard and west of Zimmerman Trail. Staff recommends approval. (Action: approval or disapproval of staff recommendation. UNANIMOUSLY APPROVED WITH ADDED PROVISION THAT ALL HOUSING UNITS FACE COLTON BOULEVARD AND THE DRIVEWAYS BE REAR-ENTRY TO ALLEVIATE VEHICLES DRIVING OVER THE MULTI-USE TRAIL.
Debi Meling, Public Works Director, explained that the development agreement usually addresses streets and access points.
Councilmember Neese voiced concerns about pedestrian/vehicular encounters across the multi-use trail. Mayor Cole asked if a prohibition could be written into the development agreement, so no driveways could cross the multi-use trail and require the housing units to be front facing on Colton Boulevard. Nicole Cromwell, Zoning Coordinator, responded that those requirements could not be addressed in a zone change, but were addressed during the subdivision process.
Preston Lees, developer, agreed with adding the provisions to the development agreement.
Council and staff discussed covering or diverting the ditch owned by the ditch company on the property. The developer cautioned against covering the ditch because of maintenance concerns.
Debi Meling, Public Works Director, explained that the development agreement usually addresses streets and access points.
Councilmember Neese voiced concerns about pedestrian/vehicular encounters across the multi-use trail. Mayor Cole asked if a prohibition could be written into the development agreement, so no driveways could cross the multi-use trail and require the housing units to be front facing on Colton Boulevard. Nicole Cromwell, Zoning Coordinator, responded that those requirements could not be addressed in a zone change, but were addressed during the subdivision process.
Preston Lees, developer, agreed with adding the provisions to the development agreement.
Council and staff discussed covering or diverting the ditch owned by the ditch company on the property. The developer cautioned against covering the ditch because of maintenance concerns.
Motion: I move to approve the development agreement with Highlands ZHP Subdivision, LLC, et al., with the added provision that all housing units face Colton Boulevard and the driveways be rear-entry to alleviate vehicles driving over the multi-use trail.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward IV to include recently annexed property in Annexation 22-02: a parcel located in Zimmerman Home Place Subdivision. Highlands ZHP Subdivision, LLC, et al.; petitioners. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) UNANIMOUSLY APPROVED
There was no staff presentation, but staff was available to answer questions.
There was no public hearing testimony.
There was no staff presentation, but staff was available to answer questions.
There was no public hearing testimony.
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.
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Daniel Tidswell, Ward IV
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.)
- There was no public comment.
COUNCIL INITIATIVES:
- There were no Council initiatives.
ADJOURN: 10:24 PM
| CITY OF BILLINGS | ||
| ATTEST: |  |
BY:  William A. Cole, Mayor |
BY:  Denise R. Bohlman, City Clerk |
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