MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
April 11, 2022
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
April 11, 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 VIA ZOOM
- 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
- Karen Tracy, Assistant City Attorney
- Toni Keehner, Deputy City Clerk
- Andy Zoeller, Finance Director
- Debi Meling, Public Works Director
- Wyeth Friday, Planning Director
- Nicole Cromwell, Zoning Coordinator
- Karen Husman, Planner
- Michael Whitaker, Parks and Recreation Director
CALL TO ORDER: Mayor Cole
PLEDGE OF ALLEGIANCE: Mayor Cole
INVOCATION: Councilmember Choriki
MINUTES:
March 14, 2022 - UNANIMOUSLY APPROVED
March 14, 2022 - UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Vote: 11 - 0
March 28, 2022 - PENDING
COURTESIES:
- There were no courtesies.
PROCLAMATIONS:
- Billings Great American Cleanup Month
- Child Abuse Prevention Awareness Month
- 911 Public Safety Telecommunicator Week, April 10-16, 2022
COUNCIL REPORTS:
- Councilmember Joy gave an update on the Community Development Board meeting.
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
- Informed Council there were no changes needed in Section 2-580, Regular Agenda Item 2.
- No ex-parte items.
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1 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: None
A.
Bid Awards:
1.
W.O. 22-08: Central Park Tennis Court. (Opened 3/8/22) Recommend rejecting bid. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
2.
W.O. 22-20: Water Treatment Plant High Service Pump Station HVAC. (Opened 3/22/22) Recommend Empire Heating and Cooling; $254,900. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
B.
Agreement with Yellowstone County Sheriff's Department to provide FY2023 data processing services. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
C.
Professional Services Agreement for Law and Justice Center/City Hall Construction Manager at Risk with Dick Anderson Construction; not to exceed $18,750. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
D.
Professional Services Agreement for Debt and Lease Management Software with Fifth Asset Inc, d/b/a DebtBook; $15,000 annually. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
E.
Professional Services Agreement for W.O. 22-37: Landfill Drop-Off Building Repairs with HDR Engineering; $145,000. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
F.
Amendment No. 1, W.O. 22-10: Alkali Creek Water and Sewer Extension, Professional Services Agreement, Morrison-Maierle, Inc.; $299,975. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
G.
Donations to Billings Public Library from Yellowstone Valley Audubon Society, $158.98; Howard Hughes Medical Institute, $1,000; and Humanities Montana, $1,000. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
H.
Second/Final Reading Ordinance 22-5799 amending Billings, Montana City Code, Article 13-1100, Revolving Loan Program. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
I.
Second/Final Reading Ordinance 22-5800 expanding Ward IV (Annexation 22-03): a parcel located south of Grand Avenue and 60th Street West. UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
J.
Bills for the Weeks of:
1.
March 7, 2022 UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
2.
March 14, 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 FIRST READING ORDINANCE amending Billings, Montana City Code, Sections 2-580 through 2-587, Public Works Board. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) UNANIMOUSLY APPROVED
Debi Meling, Public Works Director, gave an overview of the proposed changes and indicated there would not be a change to Section 2-580.
Council discussed how the changes would affect the process and procedures of the boards.
There was no public testimony given.
Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve and amend Billings, Montana City Code, Sections 2-581 through 2-587, on first reading, as recommended by staff.
Debi Meling, Public Works Director, gave an overview of the proposed changes and indicated there would not be a change to Section 2-580.
Council discussed how the changes would affect the process and procedures of the boards.
There was no public testimony given.
Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve and amend Billings, Montana City Code, Sections 2-581 through 2-587, on first reading, as recommended by staff.
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
3.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE 22-5801 FOR ZONE CHANGE 1010: a zone change 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, indicated she did not have a presentation, but was available for questions.
Public hearing testimony was given by:
Motion: Having conducted two public hearings, considered written and spoken testimony, I move to approve the second reading for Zone Change 1010 and adopt the findings of the 10 criteria, as approved by City Council on first reading March 28, 2022.
Karen Husman, Planner, indicated she did not have a presentation, but was available for questions.
Public hearing testimony was given by:
- Michael Haaland, property owner, spoke in favor of the zone change.
- Bob McGuire, 1941 Dogwood Drive, Billings, MT, spoke in favor of the zone change.
Motion: Having conducted two public hearings, considered written and spoken testimony, I move to approve the second reading for Zone Change 1010 and adopt the findings of the 10 criteria, as approved by City Council on first reading March 28, 2022.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
4.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE 22-5802 FOR ZONE CHANGE 1011: a zone change 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 Zoning Commission recommendation.) * Quasi-Judicial APPROVED 10-1
Nicole Cromwell, Zoning Coordinator, gave an abbreviated version of her presentation given during the first reading and public hearing.
Council discussed traffic studies and connectivity concerns. Ms. Cromwell discussed the Birely Drain and issues with connectivity due to the size of the drain.
Doug Wilde, developer, indicated he was available for questions.
There was no public hearing testimony given.
Councilmember Neese indicated concerns about connectivity and zoning neighborhood concerns.
Motion: Having conducted two public hearings, considered written and spoken testimony, I move to approve the second reading for Zone Change 1011 and adopt the findings of the 10 criteria, as approved by City Council on first reading March 28, 2022.
Nicole Cromwell, Zoning Coordinator, gave an abbreviated version of her presentation given during the first reading and public hearing.
Council discussed traffic studies and connectivity concerns. Ms. Cromwell discussed the Birely Drain and issues with connectivity due to the size of the drain.
Doug Wilde, developer, indicated he was available for questions.
There was no public hearing testimony given.
Councilmember Neese indicated concerns about connectivity and zoning neighborhood concerns.
Motion: Having conducted two public hearings, considered written and spoken testimony, I move to approve the second reading for Zone Change 1011 and adopt the findings of the 10 criteria, as approved by City Council on first reading March 28, 2022.
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Mike Boyett, Ward V
Vote: 10 - 1
- NO:
-
Councilmember Roy Neese, Ward II
5.
PUBLIC HEARING AND RESOLUTION 22-11032 authorizing the disposal of nine parcels and donation of three parcels of parkland located in Terrace Estates Subdivision, 3rd Filing. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) * Quasi-Judicial APPROVED 8-3
Mark Jarvis, Park Planner, gave an overview of the proposed parcels to be donated and/or sold. He explained the process of selling the parcels and informed Council the sold parcels would be brought back for Council approval. Council discussed concerns with the purchasing process, trail opportunities, and development plans. Kevin Iffland, Assistant City Administrator, discussed the bidding process and the possibility of land exchanges.
Myles Egan, 2690 Southridge Drive, Billings, MT, gave an overview of the property and challenges with terrain in the area. He explained the process of exchanging parcels with the Boyer family.
Council asked for clarification on utilities and future trails. Wyeth Friday, Planning Director, explained the utility process and development plans for the area. Laura Boyer, Developer, explained proposed utility improvements and developments plans.
Public hearing testimony was given by:
Councilmember Neese indicated he would not support allowing an important portion of Alkali Creek access to be sold, given away or traded. Councilmember Gulick indicated he did not have enough information to support the process. Councilmember Owen indicated she needed more information on plans for the area.
Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve a Resolution authorizing the disposal and donation of parkland located in Terrace Estates Subdivision, 3rd filing, with the correction of "Section 2-902" to "Section 22-902", as recommended by staff.
Mark Jarvis, Park Planner, gave an overview of the proposed parcels to be donated and/or sold. He explained the process of selling the parcels and informed Council the sold parcels would be brought back for Council approval. Council discussed concerns with the purchasing process, trail opportunities, and development plans. Kevin Iffland, Assistant City Administrator, discussed the bidding process and the possibility of land exchanges.
Myles Egan, 2690 Southridge Drive, Billings, MT, gave an overview of the property and challenges with terrain in the area. He explained the process of exchanging parcels with the Boyer family.
Council asked for clarification on utilities and future trails. Wyeth Friday, Planning Director, explained the utility process and development plans for the area. Laura Boyer, Developer, explained proposed utility improvements and developments plans.
Public hearing testimony was given by:
- Frank Ewalt, 2131 Phoebe Drive, Billings, MT, questioned how the parkland had been acquired and the de-annexation process.
- Doug Wilde, no address given, indicated the land would be very difficult to develop, and it may be beneficial for the City to allow the land exchange.
- Laura Boyer, Developer, indicated it was advantageous to both the County and City to go forward with the process.
Councilmember Neese indicated he would not support allowing an important portion of Alkali Creek access to be sold, given away or traded. Councilmember Gulick indicated he did not have enough information to support the process. Councilmember Owen indicated she needed more information on plans for the area.
Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve a Resolution authorizing the disposal and donation of parkland located in Terrace Estates Subdivision, 3rd filing, with the correction of "Section 2-902" to "Section 22-902", as recommended by staff.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 8 - 3
- NO:
-
Councilmember Ed Gulick, Ward I
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
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.)
- Frank Ewalt, 2139 Phoebe Drive, Billings, MT, advocated for a cap of prerelease and parolees sent to Billings. He also encouraged Council to move the Public Comment period to earlier in Council meetings.
COUNCIL INITIATIVES:
- Add establishing Legislative and County relations Council subcommittees to a future Work Session.
Moved by Councilmember Kendra Shaw, Ward I VIA ZOOM
Seconded by Councilmember Mike Boyett, Ward V
Vote: 11 - 0
ADJOURN: 8:09 PM
| CITY OF BILLINGS | ||
| ATTEST: |  |
BY: William A. Cole, Mayor |
BY:  Denise R. Bohlman, City Clerk |
||