MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
March 14, 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.
- 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 Pam Purinton, Ward IV
- Councilmember Mike Boyett, Ward V
- Councilmember Tom Rupsis, Ward V
- Mayor William Cole
- Absent:
-
- Councilmember Daniel Tidswell, Ward IV
- 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
- Monica Plecker, Planning Manager
- Nicole Cromwell, Zoning Coordinator
- Karen Husman, Planner
- Michael Whitaker, Parks, Recreation and Public Lands Director
- February 28, 2022 - APPROVED 10-0 with a correction to Regular Agenda Item No. 4, from IMEG Architects to IMEG Corp.
Moved by Councilmember Ed Gulick, Ward I
Seconded by Councilmember Roy Neese, Ward II
Vote: 10 - 0
- New AmeriCorps VISTAs were introduced: Kendyl Robertson, Tori Doll, Lucas Terry, Skyler Pecci, and Tori Duffy.
- Councilmember Rupsis introduced Isabella from Mrs. Warren's first grade class at St. Francis School. Her class was recognized for their fundraising efforts to support the Ukraine country. They raised $2,572 and provided blue and yellow ribbons to the Council.
- AmeriCorps Week, March 13-19
- Colorectal Cancer Awareness Month - March
- Councilmember Joy reported the Community Development Board met and discussed difficulties with obtaining foreclosed homes for their programs due to the housing shortage; the lack of qualified contractors; and providing grants to homeowners was not as effective due to the high cost of materials.
- Councilmember Purinton reported she was on a teleconference with members of the FCC, Debi Meling, Public Works Director, Stacy Tenney, Deputy City Attorney, and Councilmembers Owen, Neese and Mayor Cole to address a possible ordinance concerning small cell 5G tower locations. She asked that it be brought to a future work session.
- Thanked Council and staff for their attendance and participation at the retreat on March 11th and 12th. The facilitator would provide updated retreat information to be forwarded to Council for review at a future work session.
- Kevin Iffland, Assistant City Administrator, would be representing administration at the next work session meeting.
- Reminded Council that the City's health insurance covered 100 percent of colorectal cancer screenings.
- There was 1 ex-parte communication sent to Mayor and Council after 3 PM, from Tom Hauptman voicing his opposition to Regular Agenda Item No. 7. A copy of which was placed in the ex-parte notebook at the entry to Council Chambers.
- There was no public comment.
Councilmember Choriki separated 1B1 for discussion.
Councilmember Neese separated 1B2 for discussion.
Councilmember Choriki asked that item 1B2 be heard and decided upon before item 1B1 as the outcome of one item would affect the other. Mayor Cole agreed to adjust the order.
| Name | Board/Commission | Term | ||
| Begins | Ends | |||
| 1 | No Applications | Animal Control Board | 03/14/22 | 12/31/25 |
| 2 | No Application | Animal Control Board | 03/14/22 | 12/31/25 |
| 3 | Mia Yegen | Billings BID | 03/14/22 | 12/31/25 |
| 4 | Josh Sayer | Board of Adjustments | 03/14/22 | 12/31/25 |
| 5 | Chris Hayes | Board of Adjustments | 03/14/22 | 12/31/25 |
| 6 | Josh Sayer | Board of Appeals - Architect | 03/14/22 | 12/31/25 |
| 7 | No Applications | Board of Appeals - Electrician | 03/14/22 | 12/31/25 |
| 8 | Kathleen Candelaria* | Community Development - Low Mod* | 03/14/22 | 12/31/22 |
| 9 | Erin Robbins* | Energy & Conservation Commission* | 03/14/22 | 09/09/23 |
| 10 | Sheri Herman | Housing Authority - Family Res. Co | 03/14/22 | 12/31/23 |
| 11 | Peter Sanderson | Parking Board | 03/14/22 | 12/31/25 |
| 12 | No Applications | Parking Board | 03/14/22 | 12/31/25 |
*9 Unexpired term of Jennifer Owen
APPROVED 10-0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 10 - 0
Council and staff discussed increased costs to construction since the project was approved in the CIP and alternative cost-saving options for streets that provided no economic return.
Mayor Cole expressed dislike for fully subsidized projects and supported partial subsidization. He would not support the motion.
Moved by Councilmember Danny Choriki, Ward III
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 8 - 2
- NO:
-
Councilmember Ed Gulick, Ward I
Mayor William Cole
Council and staff discussed whether restoration, and associated costs, would be needed if the proposed parking lots were not installed.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Initial Motion: I move to approve the recommended bid award using TIF funds and not Park District Funds for the overage of $3,160. NO VOTE, MOTION SUBSTITUTED
Moved by Councilmember Danny Choriki, Ward III
Seconded by Councilmember Denise Joy, Ward III
Substitute Motion: I move to reject all bids. NO VOTE, MOTION SUBSTITUTED
Councilmember Chorki disagreed that 100 parking spots was needed as indicated in the Master Plan and suggested additional parking could be found along neighboring under-developed streets.
Council and staff discussed that the 100 parking spots would be contained in 2 parking lots, one near the shelter and one near the baseball fields. The Master Plan was updated in 2017 due to the TIF district's public input process.
Councilmember Rupsis voiced support for the substitute motion, i.e., there wasn't the volume of visitors to warrant 2 parking lots; not the best way to use taxpayer monies as these would be unlit parking lots and were 3 times the cost of the parking lot at Centennial Park; safety concerns were not addressed - the parking lots are located in low traffic areas where criminal activity may go unobserved.
Discussions ensued about possibly delaying an award.
Debi Meling, Public Works Director, advised bids were good for 60 days.
Council and staff identified Optimist Park as a community park or destination park, rather than a neighborhood park. They discussed the challenges with alleys, lack of right-of-way, and incomplete streets surrounding the park.
Councilmember Neese would not support the Substitute Motion because the Master Plan was recently revised due to public input. He added that unless the Master Plan was updated again indicating otherwise, the TIF funds were there to complete this portion of the Master Plan.
Council and staff confirmed there were approximately 75 on-street parking spaces around the perimeter of the park.
Councilmember Joy stated support for the Substitute Motion because parking was inadequate around the baseball fields; there was a lack of lighting and there were safety concerns. She indicated it was difficult to transport food and equipment to the shelter from the street and a parking lot was needed nearby.
Councilmember Owen noted the lowest bid was much lower than the other bids; was there a possibility the lowest bidder would submit multiple change orders to obtain funding close to the other bidders initial bids; and was lighting an additional schedule to the bid, but not considered due to cost. Ms. Meling considered the lowest bid as reasonable and did not see anything that warranted a change order. Mr. Whitaker confirmed lighting was an added alternate.
Councilmember Gulick was not comfortable questioning a Master Plan, but was in favor of using TIF funds for a recreation center rather than parking lots. He voiced support for the Substitute Motion.
Councilmember Rupsis noted improvement to nearby streets, included in Consent Agenda Item 1B1, should it be approved, would provide additional on-street parking. He indicated he was not speaking against public opinion or the Master Plan, but more to the current exorbitant cost of the parking lots.
Councilmember Choriki noted that when the Master Plan was updated, Hallowell was not finished, but is now; the parking lot that exists to the north today was not in existence at the time of the Master Plan; that 2 of the gravel streets leading to Hallowell would be paved and improved this summer, benefiting on-street parking; he suggested that parking be located on the south end of the park.
Jim Tevlin, SBBURD Consultant, voiced concern about lighting in the park, and parking lots would provide some lighting,. He was not currently aware of patrons frustrated by a lack of parking.
Moved by Mayor William Cole
Seconded by Councilmember Tom Rupsis, Ward V
Substitute Motion: I move to delay award to a later date determined by staff, but not to exceed the expiration of the bids.
Council and staff discussed lighting options and the bid alternate that was not recommended for approval.
Vote: 9 - 1
- NO:
-
Councilmember Danny Choriki, Ward III
Councilmember Neese asked that Pay-as-you-Throw be brought to a work session for more public input and Council discussion.
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 10 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 10 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 10 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 10 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 10 - 0
Nicole Cromwell, Zoning Coordinator, presented an abbreviated version of her presentation given during the first reading and public hearing. She noted the Zoning Commission recommended approval and that Council approved the zone change upon first reading on February 28, 2022.
Council and staff discussed map improvements and existing community zoning for the tennis courts and all things considered for the proposed zoning. Neighborhood Office Zoning was considered for the area during recode, but would have made the entire property non-conforming. Any proposed development would go through a number of approval processes. Ms. Cromwell explained how recode minimized the number of zones for consideration and consolidated them into something that reflected land use better, i.e. parking lots in neighborhood zones are not allowed now. She explained that Neighborhood Office Zoning was considered because it matched other nearby uses, but because of the tennis courts, the landowner wished to have Corridor Mixed-Use 1.
Public hearing testimony was given by:
- Jeff Kanning, agent, 3230 Country Club Circle, Billings, MT, stated over half of the people moving to Billings were from other areas of Montana and housing was desperately needed. He appreciated Council's support.
Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 1005 and adopt the findings of the 10 criteria, as approved by the City Council on first reading February 28, 2022.
Councilmember Neese would not support the motion to approve because the neighbors expected low density housing development to continue near their properties.
Councilmember Gulick supported in-fill housing development as a better use of taxpayers' monies.
Councilmember Choriki confirmed with City Administrator Kukulski that all rules and regulations were followed to bring the matter to Council for final decision.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Denise Joy, Ward III
Vote: 7 - 3
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Pam Purinton, Ward IV
Councilmember Mike Boyett, Ward V
Karen Husman, Planner, presented an abbreviated version of the presentation given during first reading and public hearing on February 28, 2022. She noted the Zoning Commission recommended approval and Council approved the zone change on first reading.
Public hearing testimony was given by:
- Ashley Delp, owner, appeared on Zoom to let Council know she was available if they had questions.
Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading of Zone Change 1006 and adopt the findings of the 10 criteria, as approved by City Council on first reading February 28, 2022.
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Roy Neese, Ward II
Vote: 10 - 0
Karen Husman, Planner, presented an abbreviated version of the presentation given during first reading and public hearing on February 28, 2022. She noted the Zoning Commission recommended approval and Council approved the zone change on first reading.
There was no public testimony given.
Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 1007 and adopt the findings of the 10 criteria, as approved by the City Council on first reading February 28, 2022.
Moved by Councilmember Jennifer Owen, Ward II
Seconded by Councilmember Roy Neese, Ward II
Vote: 10 - 0
Nicole Cromwell, Zoning Coordinator, presented an abbreviated version of her presentation given during the first reading and public hearing. She noted the Zoning Commission recommended approval and that Council approved the zone change upon first reading on February 28, 2022.
There was no public testimony given.
Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 1009 and adopt the findings of the 10 criteria, as approved by the City Council on first reading February 28, 2022.
Councilmember Purinton echoed Councilmember Neese's statements.
Councilmember Shaw noted that developers were also property owners who sought to develop their property so others would benefit.
Councilmember Rupsis supported existing neighbors' concerns, but the zone change was N3 to N2 which was a minimal change. The plan was a safer plan and would have little impact to existing property owners. He supported the motion.
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Denise Joy, Ward III
Vote: 6 - 4
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
Councilmember Pam Purinton, Ward IV
Councilmember Mike Boyett, Ward V
Reconvened at 7:38 P.M.
Wyeth Friday, Planning Director, appeared via Zoom and Debi Meling, Public Works Director, presented, noting the amount of funds to be approved was incorrect in the agenda title. It should have stated "up to $474,177". Ms. Meling indicated there would be one presentation for Items 6a, 6b, and 6c, but separate motions and votes were necessary. She explained the items' relationship to each other and identified which party owned which parcels. The property was annexed into the City in 2019 and the zone changes had been approved. She indicated the 50% of the project that would be paid by the SBBURD TIF to the south of the interstate, and the 50% compensation to the north of the interstate for KSKC Properties and Torgerson's parcels. She supported annexing properties south of the interstate as a better plan so infrastructure for water and sewer could be installed, rather than water well drilling and septic tank installation. She supported constructing the 3 parcels all at once as a cost-savings, rather than constructing the projects separately. She explained the compensation practice. Ms. Meling explained how a loop system for redundancy of the water supply would be created, which was advantageous to the nearby residential areas. It was identified in the Capital Improvements Program (CIP) for FY23-FY27 and would be in the budget for FY23 for approval. She explained that the developer was moving faster than the City on the improvements. Ms. Meling stated that through compensation agreements, the developer would have to bid the project, because it would be paid with public monies, and it would be constructed quicker than the City could get it done. The City would reimburse them once the budget for FY23 was approved.
Councilmember Neese noted that some of the area to be paid by TIF funds was out of the SBBURD TIF district's boundary. Ms. Meling explained that the extension was necessary in order to reach the water supply to bring water into the TIF district. She explained reimbursement would occur to the TIF district and the City at 50%-50% when more southern located properties were annexed.
Mayor Cole confirmed with Jim Tevlin, SBURA Consultant, and Chris Kukulski, City Administrator, that the compensation with SBBURD TIF was an allowable use of TIF monies for the part of the project located outside the TIF district boundary.
Motion: I move to approve reimbursement to KSKC Properties LLC, Torgerson, LLC, or a third party contractor working on their behalf, SBBURD tax increment finance (TIF) funds to complete the water line extension project; up to $474,177, as recommended by staff.
Councilmember Joy stated if the cost was too much, staff would bring it back to Council to approve or disapprove.
Mayor Cole acknowledged he was referring to a compensation agreement that provided an estimate of costs.
Councilmember Choriki noted the compensation agreement did not give a guarantee of full compensation by the City.
Debi Meling, Public Works Director, explained that Section 2a of the compensation agreements outlined that if the monies are not in the approved budget, then it could not be reimbursed. The compensation agreements were limited by whatever the Council approved in the budget. She noted conversations had been held with the developers and they understood there were no guarantees and the ambiguities.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Denise Joy, Ward III
Vote: 10 - 0
Debi Meling, Public Works Director, reminded Council that a separate vote was necessary and did not have an additional presentation.
Motion: I move to approve the compensation agreement with KSKC Properties, LLC, as recommended by staff.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 10 - 0
Debi Meling, Public Works Director, stated the 5% amount would equal approximately $5,000-$9,000 difference between the 2 Compensation Agreements. She questioned whether such a small amount was worth Council's time to approve and suggested that Council consider at least a cap in the amount approved in the CIP, which could be approximately $90,000.
Councilmember Joy opposed the amendment and stated she could do a friendly amendment to her motion to place a cap up to the amount approved in the CIP for the project. Councilmember Shaw supported the friendly amendment, but no amendment was made.
Council discussions continued concerning amendments, public bidding requirements, permitting and approval processes.
Councilmember Neese moved to withdraw his amendment to the motion and Mayor Cole withdrew his second. NO VOTE WAS TAKEN.
Moved by Councilmember Roy Neese, Ward II
Seconded by Mayor William Cole
Debi Meling, Public Works Director, answered Council's questions concerning the agreement, CIP and budget.
Motion: I move to approve the compensation agreement with Torgerson's Real Estate Holdings, LLC, as recommended by staff.
Moved by Councilmember Ed Gulick, Ward I
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 10 - 0
Wyeth Friday, Planning Director, appeared via Zoom, explaining the project involved collaboration between the Community Development Division, Downtown Billings B.I.D., DBP and City Engineering to choose a location for the facility. Katy Easton, CEO of the Downtown Business Alliance and representing the Downtown Billings Partnership presented and explained how the Portland Loo was chosen, specifics about its structure and design, and why TIF assistance was requested. She noted the facility would be owned by the B.I.D. and cleaned and maintained by them, but would be located on City property beside the Park 3 parking garage. A Memorandum of Understanding would outline an agreement between the B.I.D. and the City. Ms. Easton explained the funding process and mentioned that sponsorships were sought and any monies or in-kind donations received would reduce the $70,000 reimbursement grant.
Council discussed ongoing maintenance and utility costs, possible attractions for criminal activity, and 24/7 operating hours, 365 days a year.
Motion: I move to approve the Tax Increment Financing Assistance from the City to the Business Improvement District for a Public Restroom Project at Park 3; up to $70,000, as recommended by the DBP Board.
Councilmember Choriki voiced his support and suggested additional units be installed near other public parking garages downtown.
Councilmember Neese voiced support, but wished he could have reviewed the MOU too.
Councilmember Purinton questioned signage and directions, objected to art on it and it created too much maintenance. She would not support the motion.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Tom Rupsis, Ward V
Vote: 9 - 1
- NO:
-
Councilmember Pam Purinton, Ward IV
- There was no public comment.
- There were no Council initiatives. Councilmember Neese asked that staff bring the 5G ordinance discussion to a future work session as a presentation before action was required.
| CITY OF BILLINGS | ||
| ATTEST: |  |
 |
BY:  Denise R. Bohlman, City Clerk |
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