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Minutes for City Council Regular Business Meeting

MINUTES
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
 
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Joy
 
MINUTES:
  • March 14, 2022 - Pending
 
COURTESIES:
  • 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.
 
PROCLAMATIONS:
  • 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
 
COUNCIL REPORTS:
  • There were no Council reports.
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
  • 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.
 
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1, 4b AND 6 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 were no speakers for public comment.
 
1.
CONSENT AGENDA - Separations: 1B, 1D and 1H
Councilmember Neese separated 1B for discussion.
Councilmember Neese separated 1D for discussion.

Councilmember Rupsis separated 1H for discussion.
 
A.
Bid Awards:
 
1.
W.O. 22-01: 2022 Water and Sewer Main Replacement. (Opened 3/8/22) Recommend Schedules 1 and 2, Askin Construction; $3,795,999 and Schedules 3 and 4, COP Construction, LLC; $2,934,748. UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
2.
W.O. 22-02: Missing Sidewalk/Miscellaneous Project. (Opened 3/8/22) Recommend rejecting bid. REJECTION OF ALL BIDS UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
3.
W.O. 22-05: Small Concrete Project. (Opened 2/22/22) Recommend rejecting all bids. REJECTION OF ALL BIDS UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
4.
W.O. 22-10: Alkali Creek Water and Sewer Extension. (Opened 2/8/22) Recommend Western Municipal Construction; $3,875,064. UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
5.
W.O. 22-28: Grand Avenue and 32nd Street West Traffic Signal Improvements. (Opened 3/8/22) Recommend Elcon Corporation; $431,460.17. UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
6.
W.O. 22-33: Lead Service Replacements. (Opened 2/22/22) Recommend rejecting bid. REJECTION OF BID UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
7.
West Taxilane Utility Project. (Opened 3/8/22) Recommend Hample Excavation, Inc.; $500,054. UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
B.
Purchase of Advertising Benches from Blair Unlimited, Inc.; $240,000. UNANIMOUSLY APPROVED

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

 
C.
Amendment No. 32, West Taxilane Extension Project, Professional Engineering Services Contract, Morrison Maierle, Inc.; $98,633. UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
D.
Settlement Agreement with County Water District of Billings Heights; $2,936,251.80. UNANIMOUSLY APPROVED AS AMENDED
Councilmember Owen indicated she would like to discuss wording changes in the agreement with Legal during the recess. Councilmember's Neese and Owen disclosed that they were both members of the Heights Water District.
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

After Council recess, Councilmember Owen indicated the word "shall meet" in paragraph 6 of the settlement agreement could cause potential issues and proposed making an amendment to replace it with "have mutually agreed to meet". Council discussed the amendments.  

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

 
E.
Non-Commercial Aviation Ground Lease with Agri Systems, April 1, 2022 through March 31, 2032; revenue first year $8,294.88; revenue subsequent years adjusted by CPI-U. UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
F.
Two West End Hangar Ground Leases with Beacon Air Group, LLC, April 1, 2022 through March 31, 2047; revenue first year $11,223; revenue subsequent years adjusted by CPI-U. UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
G.
Perpetual Right of Way Easement from Development 55, LLC and Frontier Services for water and sanitary sewer main along Harnish Boulevard.  UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
H.
Utility Easement with NorthWestern Energy (NWE) to install new overhead electric cables in parkland along 36th Street West. REMOVED FROM AGENDA

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. 
Motion: I move to delay up to 60 days to allow additional time for discussion with Northwestern Energy. [Legal Counsel recommended removing item from the agenda instead of delaying.] Motion withdrawn.
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
 
I.
Final Plat of Lenhardt Square Subdivision, First Filing. *Quasi-Judicial UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
J.
Bills for the Weeks of:
 
1.
February 21, 2022 UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
2.
February 28, 2022 UNANIMOUSLY APPROVED
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
Motion: I move to alter the organization of the Regular Agenda Items - so Item 3 is heard after Item 4, as recommended by staff due to a scheduling conflict. UNANIMOUSLY APPROVED
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Kendra Shaw, Ward I 

Vote: 11 - 0

 
REGULAR AGENDA:
 
2.
PUBLIC HEARING AND SPECIAL REVIEW 993: a special review to allow a vehicle and service repair building on a 2.17 acre parcel generally located at the south intersection of Shiloh Road and Shiloh Crossing Boulevard. Central Holdings, LLC, owner; Donna Madson, 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 UNANIMOUSLY APPROVED

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.  
There was no further public testimony.

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

 
3.
PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1010: a zone change for a 1.808 acre parcel located at 2204 Bench Boulevard. Michael Haaland, owner; Lucas Haaland, agent. 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, 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. 
Ms. Husman explained NMU zoning would allow indoor boarding only and the facility was already set up for indoor and outdoor boarding, therefore, CMU1 had been deemed a better fit for the property. 

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

 
4.
BUFFALO CROSSING, LLC PROPERTY:
 
a.
JOINT PUBLIC HEARING FOR ANNEXATION 22-03 AND ZONE CHANGE 1011:
 
i.
RESOLUTION 22-11031 FOR ANNEXATION 22-03: a parcel located south of Grand Avenue and 60th Street West. Buffalo Crossing, LLC, petitioner. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.) * Quasi-Judicial UNANIMOUSLY APPROVED

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. 
There was no further public testimony given.

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

 
ii.
FIRST READING ORDINANCE FOR ZONE CHANGE 1011: a zone change for a 33.64 acre parcel located south of Grand Avenue and 60th Street West. Buffalo Crossing, LLC, owner; WWC Engineering, agent. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.) * Quasi-Judicial APPROVED 10-1

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
 
b.
DEVELOPMENT AGREEMENT with Buffalo Crossing, LLC for infrastructure improvements located along Grand Avenue near the intersection of 60th Street West. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) UNANIMOUSLY APPROVED AS AMENDED

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. 
Original Motion: I move to approve the Development Agreement with Buffalo Crossing, LLC, as recommended by staff.
 

Moved by Councilmember Kendra Shaw, Ward I 

Seconded by Councilmember Pam Purinton, Ward IV 

Motion to Amend by Councilmember Neese: I move to add language to explicitly require connectivity to the west, according to the discussion of the staff.

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

 
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward IV to include recently annexed property in Annexation 22-03: a parcel located south of Grand Avenue and 60th Street West. Buffalo Crossing, LLC, petitioner. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) UNANIMOUSLY APPROVED

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

 
5.
PUBLIC HEARING AND FIRST READING ORDINANCE amending Billings, Montana City Code, Article 13-1100, Revolving Loan Program. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) UNANIMOUSLY APPROVED AS AMENDED

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.
There was no further public testimony given.

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 Neese: to strike recommended changes in Section 13-1103.

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

Councilmember Gulick indicated that due to inflation and the lack of defaulted loans, he would like the allowable loan amount increased.

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
 
6.
MONTANA FEDERATION OF PUBLIC EMPLOYEES (MFPE), BILLINGS POLICE OFFICERS' UNIT COLLECTIVE BARGAINING AGREEMENT. (7/1/2021-6/30/25). Staff recommends approval. (Action: approval or disapproval of staff recommendation.) UNANIMOUSLY APPROVED

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

 
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.)
  • 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 further public comments given.
 
COUNCIL INITIATIVES:
  • There were no Council initiatives.
 
ADJOURN: 10:25 P.M.
    CITY OF BILLINGS
ATTEST:            BY:
         William A. Cole, Mayor




BY:
          Denise R. Bohlman, City Clerk