OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
March 28, 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 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
- 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
- Karen Husman, Planner
- Kevin Ploehn, Aviation and Transit Director
- March 14, 2022 - Pending
- Councilmember Gulick indicated Jeff Speck, urban planner and architectural designer, would give a talk titled “Billings: Walkable City in the West” at the Babcock Theater on April 6, 2022.
- Councilmember Joy thanked Public Works Director, Debi Meling, and the Solid Waste Department for their efforts in the past weeks implementing the new trash collection procedure.
- MSU Billings Resilience Celebration Pow Wow - April 1-2, 2022
- Week of the Young Child - April 2-8, 2022
- YWCA Gateway Horizons Day - April 8, 2022
- There were no Council reports.
- Consent Agenda Item 1D, Heights Water District, would be meeting on April 13 and recommended Council approve the item and authorize the Mayor to sign before the other party.
- Move Regular Agenda Item 3 to 5 due to a staff scheduling conflict.
- No ex-parte items.
- Introduced Victoria Hill as the new Public Information Officer.
- There were no speakers for public comment.
Councilmember Neese separated 1B for discussion.
Councilmember Neese separated 1D for discussion.
Councilmember Rupsis separated 1H for discussion.
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Councilmember Neese asked for clarification on the decision to have the City keep the advertising in house. Kevin Ploehn, Aviation and Transit Director, stated it had been decided to have MET begin handling the bench advertising in order to keep costs lower. He described the process and gave an overview of the benches, revenue and costs.
Moved by Councilmember Ed Gulick, Ward I
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Motion: I move to table until after Council recess.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Jennifer Owen, Ward II
Vote: 11 - 0
Motion: I move to replace "shall" with "have mutually agreed to" in paragraph 6.
Moved by Councilmember Jennifer Owen, Ward II
Seconded by Councilmember Roy Neese, Ward II
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Councilmember Rupsis questioned why NWE was installing overhead electric cables instead of burying them. Chris Kukulski, City Administrator, indicated cost was a factor, but the policy could be discussed. Council discussed the issues of overhead cables and various options available to begin the process of burying lines.
Amended Motion: I move to remove item from the agenda.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Tom Rupsis, Ward V
Vote: 9 - 2
- NO:
-
Councilmember Denise Joy, Ward III
Councilmember Danny Chorki, Ward III
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Karen Husman, Planner, presented the Special Review and gave an overview of the 9 review criteria.
Council questioned noise issues that may occur due to the nature of the business and concerns with how noise could affect the nearby conservation area.
Zack Graham, Cushing Terrell, Bozeman, MT, indicated designers were paying special attention to the design process to mitigate noise issues. He stated special consideration was being made to landscaping, vehicle bay positioning and noise ordinances.
Public hearing testimony was given by:
- Adriaan Overbeek, 1104 Blackberry Way, Billings, MT, indicated noise would negatively impact the conservation area and voiced concern about the impact it would have on wildlife.
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 993.
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Tom Rupsis, Ward V
Vote: 11 - 0
Karen Husman, Planner, gave a presentation of the proposed zone change and the allowable uses for the requested zoning category. Council discussed the allowable uses and potential affects the zoning allowances could have on the area and the reasoning behind choosingCommercial Mixed Use (CMU1) instead of Neighborhood Mixed Use (NMU).
Public testimony was given by:
- Michael Haaland, property owner, stated the property had been operated as a pet industry since 1976 and encouraged Council to allow it to continue.
- Bob McGuire, 1941 Dogwood Drive, Billings, MT, indicated the facility was in a quiet area and hoped it could continue as a pet daycare and grooming center.
- Ming Cabrera, Heights Task Force, supports request for zone change. Councilmember Neese questioned if the Heights Task Force was aware that CMU1 zoning would allow liquor stores and casinos to be located near schools. Mr. Cabrera stated he was not aware.
- Lucas Haaland, agent, responded to Council questions about why CMU1 zoning had been chosen. He stated CMU1 had been recommended as a good fit for the area.
There was no further public testimony given.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1010 and adopt the findings of the 10 review criteria, as recommended by the Zoning Commission.
Moved by Councilmember Jennifer Owen, Ward II
Seconded by Councilmember Roy Neese, Ward II
Vote: 11 - 0
Monica Plecker, Planning Division Manager, gave a presentation of the annexation and an overview of the property. She reviewed the Limits of Annexation map and stated the Zoning Commission had recommended conditional approval.
Nicole Cromwell, Zoning Coordinator, gave a presentation of the associated zone change and the proposed developments for the various locations. She stated the Zoning Commission had recommended approval and adoption of the 10 criteria.
Council questioned availability of access for the owner of the property in the center of the development. Ms. Cromwell expained that the owner and the developer were in contact with each other and access would be available.
Council discussed infill and connectivity and the effect the development would have on area schools and proposed parkland included in the development. Ms. Cromwell reviewed State regulations for parkland and a developers' responsibility to provide a required amount of developed private open space and the various types of space that could be utilized. She added additional parkland or cash in lieu could be used to meet the requirement.
Councilmember Purinton asked about a traffic study. Ms. Plecker noted increasing allowable developments could help provide funding for intersection improvements.
Recess at 7:40 p.m. Reconvened at 7:50 p.m.
Councilmember Neese questioned providing an easement to the property owner that was located within the development.
Greg Reid, WWC Engineering, indicated an agreement had not been reached between the developer and the property owner. He added there was currently an access through an easement on the east part of the property.
Doug Wilde, owner, reviewed the reasoning behind the various zoning categories. He added there would be a traffic study done as a part of the platting study and cash contributions given to improve infrastructure along Grand Avenue.
Council discussed parkland development and how the Birely Drain located in the area would affect the parkland options.
Joint public hearing testimony was given by:
- Adriaan Overbeeke, 1104 Blackberry Lane, Billings, MT, stated he represented 220 homeowners that were concerned about the increase of traffic in the area. He stated the development would not be similar to the existing homes in the area and worried about traffic and safety problems.
- Rod Wilson, Developer, 422 Shamrock Lane, Billings, MT, discussed plans for the development and infrastructure improvements in the area.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve Annexation 22-03, as recommended by staff.
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
Nicole Cromwell, Zoning Coordinator, presented during the joint annexation and zone change presentation, noted above.
Councilmember Neese expressed concerns with emergency services being able to provide services to the area and open space issues.
Council discussed how "leapfrogging" affected the City.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1011 and adopt the findings of the 10 review criteria, as recommended by the Zoning Commission.
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 1
- NO:
-
Councilmember Roy Neese, Ward II
Debi Meling, Public Works Director, had no presentation, but was available for questions.
Councilmember Neese asked for clarification on including connectivity to the west in the agreement. Ms. Meling explained subdivision regulations had connectivity requirements and requests could be made during the development agreement or subdivision agreement processes. Ms. Plecker added it was likely there would be two connections required.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Pam Purinton, Ward IV
Council discussed the process of requiring connections. Ms. Plecker acknowledged a connection would be required at some point during the subdivision stage. She indicated adding the requirement at this point would be adequate, and the outcome would remain the same either way.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Daniel Tidswell, Ward IV
Vote: 7 - 4
- NO:
-
Councilmember Kendra Shaw, Ward I
Councilmember Danny Chorki, Ward III
Councilmember Pam Purinton, Ward IV
Councilmember Tom Rupsis, Ward V
Amended Motion: I move to approve the Development Agreement with Buffalo Crossing, LLC, as amended to explicitly require connectivity to the west, according to discussion of the staff.
Moved by
Seconded by
Vote: 11 - 0
Monica Plecker, Planning Division Manager, had no presentation, but was available for questions.
There was no public hearing testimony given.
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 Daniel Tidswell, Ward IV
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
Andy Zoeller, Finance Director, presented and reviewed the proposed amendments to the Revolving Loan Program. He showed a map of the district's current boundaries. Council discussed the boundaries, funding utilization options and TIF funding. Council indicated it could be beneficial to have more commercial lenders on the committee.
Mr. Zoeller discussed the programs successes and reviewed the status of the current loans. Council discussed the outstanding loans, funding, collections and the City's delinquent account procedures.
Public hearing testimony given by:
- Randy Hafer, 702 North 23rd, Billings, MT, stated he utilized the revolving loan program and encouraged Council to continue the program to help downtown development. He indicated he would like to see the maximum request amount raised.
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve and amend Billings, Montana City Code, Article 13-1100, to include a map defining the district, language clarification about applications received by Mayor and the following friendly amendments on first reading, as recommended by staff.
Motion to amend by Councilmember Neese: Section 13-1103 to change "committee" to "City Council".
Motion withdrawn.
Motion to add friendly amendment by Councilmember Boyett: to Section 13-1105 to add another commercial lender to the committee, which would increase the committee to 5 members.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Tom Rupsis, Ward V
Vote: 11 - 0
Council discussed how the increase would affect the City and the benefits of having a larger number of smaller loans versus a smaller amount of larger loans.
Motion to amend: I move to increase allowable loan amount to $350,000. FAILED 6-5
Moved by Councilmember Ed Gulick, Ward I
Seconded by Councilmember Denise Joy, Ward III
Vote: 5 - 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
Councilmember Tom Rupsis, Ward V
Karla Stanton, Human Resources Director, gave a presentation of the proposed bargaining agreement and an overview of the contract changes. She added there would be a 0% cost of living adjustment, longevity pay would be rolled into hourly pay, and the clothing and equipment allowance would remain the same.
Council discussed how the agreement would affect the upcoming budget and how Billings compared with other cities.
Motion: I move to approve an agreement for the renewal a labor contract between MFPE, Billings Police Officers' Unit and the City of Billings, as recommended by staff.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Kendra Shaw, Ward I
Vote: 11 - 0
- Ming Cabrera, Heights Water District President, stated the committee would be meeting one more time to ensure the public was aware of the settlement details. He stated he would like the $2.9 million settlement money to be used for public utility infrastructure in the Heights.
- Ken Ard, 313 South 36th Street, Billings, MT, stated the City needed to focus on crime issues and improving safety. He added the legal system, mental health services, and homelessness issues needed improvements.
- There were no Council initiatives.
| CITY OF BILLINGS | ||
| ATTEST: | ![]() |
BY: William A. Cole, Mayor |
BY: Denise R. Bohlman, City Clerk |
||
