MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
April 25, 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 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
- Debi Meling, Public Works Director
- Wyeth Friday, Planning Director
- Monica Plecker, Planning Manager
- Brenda Beckett, Community Development Manager
- Nicole Cromwell, Zoning Coordinator
- March 28, 2022 UNANIMOUSLY APPROVED
- April 11, 2022 UNANIMOUSLY APPROVED
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Vote: 11 - 0
- Councilmember Joy volunteered during the Purple 5K race that aids the Spare Change for Real Change program and stated it was well-attended.
- Councilmember Shaw brought the remainder of Easter candy from the Southside Task Force's Easter Egg Hunt to share with staff and Councilmembers. She mentioned her daughter won a bike!
- Councilmember Choriki noted Saturday at the Billings Public Library the first Community Seed Library would be opened. It is sponsored by Master Gardeners and Magic City Coalition of Community Gardeners.
- Drinking Water Week May 1-7, 2022
- Volunteer Recognition Day, St. Vincent De Paul - April 30, 2022
- There were no Council reports.
- Consent 1B, Motorola Radio contract – Derek Yeager of 911 Center would speak to the importance of this contract, and the City would be asking for Senator Tester’s assistance.
- Regular Agenda Item 6ai – Resolution for Annexation 22-01, there were changes to the resolution in Section 2 -- "Development" Agreement to "Annexation" Agreement AND to line 3, after “stipulate specific infrastructure improvements” the words "among other provisions" would be added.
- Regular Agenda Item 4 - the title of the Ordinance concerning Zoning code housekeeping would read: "Providing the Regulations in Sections 27-300, 27-400, 27-1000, 27-1200, 27-1400, and 27-1600, Amended to Correct Errors, Cross-References, Omissions and to Amend and Provide Clarification of the Regulations."
- May begins Departmental Budget presentations.
- NO ex-parte items.
- There were no speakers for public comment.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Ed Gulick, Ward I
Seconded by Councilmember Roy Neese, Ward II
Vote: 10 - 0
- Other:
-
Councilmember Pam Purinton, Ward IV (ABSTAIN)
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Ed Gulick, Ward I
Vote: 11 - 0
Brenda Beckett, Community Development Manager, presented and reviewed the budget recommendations made by the CD Board for CDBG and HOME programs in FY2022-2023. She explained that due to the volatility in the housing market, it was difficult to forecast availability of foreclosed properties or affordable housing for first-time home buyers. She explained how timely distribution of HUD funds impacted future allocations to the City.
Council and staff discussed various potential funding sources, affordable housing income limits, rehabilitation of foreclosed properties and environmental mitigation standards and the subsequent sales processes for rehabilitated properties. Also discussed were past affordable housing projects, the application process, reallocation of funds to prioritize affordable housing projects and budget amendments. Discussions continued about Council prioritizing affordable housing in a bold way and becoming a catalyst for change.
There was no public hearing testimony given.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the FY2022-2023 Annual Action Plan and accompanying CDBG and HOME budget allocations, as recommended by the CD Board.
Council and staff discussed effects reductions to the First-Time Home Buyers program could have and possible parkland donations for building housing; attracting developers; and the timing cycle for developers.
Councilmember Joy spoke in support of her motion, the qualifications of the members of the CD Board and the stabilizing impact to single mothers with children through the First-Time Home Buyers program.
Councilmember Choriki stated it appeared developers in the downtown area were not ready to do affordable housing projects, but were focused on high-end workforce housing. He made suggestions to get information to developers. Council discussed identifying low-income areas and developing a housing strategy.
Councilmember Owen acknowledged the totality of the housing crisis. She supported rehabilitating a couple of houses a year and helping families obtain their first homes, but acknowledged there could be a bigger impact to reducing the housing crisis. Changes needed to be made now.
Moved by Councilmember Jennifer Owen, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
Substitute Motion: I move to amend the proposed CDBG/HOME budget by moving $200,000 from the First-Time Home Buyer line item into the Affordable Housing Development line item and moving $387,553 from Foreclosure Acquisition Rehabilitation line item into the Affordable Housing Development line item, and then approving the FY2022-2023 Annual Action Plan and accompanying CDBG and HOME budget allocations, as amended.
Council discussed future amendments to the budget should a shovel-ready project appear and CD Board support for proposed substitution motion.
Vote: 8 - 2
- NO:
-
Councilmember Denise Joy, Ward III
Councilmember Mike Boyett, Ward V
- Other:
-
Councilmember Tom Rupsis, Ward V (ABSTAIN)
Nicole Cromwell, Zoning Coordinator, presented and provided an overview of the proposed sign. Council discussed lighting, the effects on the surrounding neighborhood and hours of illumination.
Public testimony was given by:
- Pam Meier, Arrowhead School Principal, noted the old reader board posed a safety risk to employees who manually changed messages on the old board. The students had raised $18,000 through a read-a-thon competition for the new sign and the operating hours would be 7 AM-8 PM.
Nicole Cromwell, Zoning Coordinator, reviewed the items to be corrected, clarified and amended to the new zoning code in Sections 27-300, 27-400, 27-600 and 27-1000. Ms. Cromwell noted the elimination of the second public hearing for zone changes, but that a second reading of the ordinance would remain in effect.
Recess at 7:41 PM. Reconvened at 7:51 PM. Councilmember Gulick returned at 7:52 PM.
Council and staff discussed the upcoming Planning fees resolutions during the next budget cycle. Discussions continued regarding modifications to N2 zoning, i.e. lot width versus building width; number of allowable units within NX2 and NX3 zones; and N1 permitted driveway accesses.
Discussions continued regarding review intervals for future changes from public feedback and departmental concerns with the new zoning code. Council and staff discussed multi-use paths along arterial streets and driveway placement.
There was no public hearing testimony given.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Kendra Shaw, Ward I
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve first reading ordinance for Zone Change 1012, including technical changes brought forth, but separating Item 2 in the table contained in Section 27-300.4-A and Item 2 in the table contained in Section 27.300.7-A, and adoption of the findings of the 10 criteria, as recommended by the Zoning Commission.
Vote: 11 - 0
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Denise Joy, Ward III
Motion: I move to approve Item 2 in the table contained in Section 27-300.4-A and Item 2 in the table contained in Section 27-300.7-A.
Councilmember Joy referenced the quadrants from the Council retreat and gave her support for full adoption, noting her trust and support of staff to provide Council with appropriate information in which to make decisions.
Councilmember Neese would not support full adoption of the changes. He voiced concern about not limiting the number of units that could be built in NX2 and NX3 zones and the expansion of widths in the N2 zone. He urged Council to consider unintended consequences brought by the changes.
Councilmember Purinton expressed concern about garage width percentages in N2 zoning.
Councilmember Gulick voiced support for full adoption of the changes.
Vote: 8 - 3
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
Councilmember Mike Boyett, Ward V
Gina Dahl, City Attorney, provided State law references concerning minimum age requirements for employees of marijuana businesses and stated the current Billings code did not in violate any State laws. She encouraged Council to approve changing the minimum age for employees from age 21 to 18 to all sections referenced to reduce confusion and provide employers with more employment opportunities.
Councilmember Owen voiced concern about exposure to poor air quality within the businesses.
Discussions between Council and staff continued concerning future State legislation to address conflicting laws and the age requirements of persons under the age of 18 being in the marijuana business establishments.
No public hearing testimony was given.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Danny Choriki, Ward III
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve first reading ordinance amending Sections 7-2024, 7-2034, 7-2043, 7-2052, 7-2058, and 7-2063, Billings, Montana City Code (BMCC), to change the minimum age requirements for employees of marijuana businesses, as recommended by staff.
Councilmember Neese voiced his opposition to changing the age limit for employees.
Vote: 8 - 3
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
Councilmember Pam Purinton, Ward IV
Monica Plecker, Planning Manager, presented and familiarized Council with the subject property. She explained the advantages to annexing and developing the property within the City limits. She reviewed the annexation policy criteria. She addressed the 2 minor changes to be made to the Resolution, i.e., change name of the agreement from "Development" to "Annexation"; and adding "among other provisions" within Section 2 of the Conditions paragraph. She noted that due to changes to the language in the Annexation Agreement, the developer asked that Council delay its approval to allow adequate time for their legal counsel to review it. She noted delaying the approval of the Annexation Agreement only, would not impact the Annexation itself or the Zone Change and she reminded Council a joint hearing for the resolution for annexation and the accompanying zone change was required.
Mayor Cole noted that the Billings Bench Water Association (BBWA) had concerns about development along the canal and by delaying the Annexation Agreement that would allow time to address BBWA's concerns.
Discussions continued about the linear strip of parkland along the canal; value added to connecting with other area trails; and concerns about recreating near ditches and canals. Also discussed was green space development noted in the P1 zone plans or Master Site Plan. Explanations were given concerning the intentions behind the Neighborhood Office (NO) zoning as the least intense of the commercial zones and that it was an acceptable zone to have near an arterial street. Neighborhood Office allowed more flexibility for residence placement and no drive-thrus or retail was permitted, only offices. Councilmember Rupsis stated that the NO zoning could very well evolve into N2 development. Ms. Plecker agreed and suggested it might be a future change to the zone code to remove residential from the NO zone.
Council and staff discussed access(es) to the property with right-in and right-out only. MDT may or may not allow an additional access point, but currently it only had one access into the property. An emergency access point would be developed. Inquiries were made about pedestrian accesses to the linear parkland. Ms. Plecker suggested a range of 400 to 600 feet for access points to be included in the Annexation Agreement.
Joint public hearing testimony was given by:
- Scott Aspelieder, Performance Engineering, Agent, 608 N. 29th Street, Billings, Montana, stated they were working with MDT on an additional access to the property from Shiloh Road. He indicated the emergency access was reviewed by the Fire Department and Police Department, would be fully paved and gated for emergency use only. The matter would be before MDT in late June. He stated a second access was specifically discouraged between Hesper Road and Zoo Drive by MDT, but the City departments had contacted MDT for reconsideration. He objected to the last sentence in the Indemnification clause of the Annexation Agreement as it was unreasonable. It indicated that the landowner at any point in time was responsible for defending the City should something happen with the BBWA canal; but that all other indemnification was reasonable. He voiced frustration with Council's short notice of the indemnification requirements that substantiated the delay for approval of the Annexation Agreement.
Mr. Aspenlieder addressed Council's questions about traffic studies and agreed with Council's comments about pedestrian accesses to the linear parkland. He preferred to be given a range between accesses as suggested by Monica Plecker. He stated multi-family units with 6 or 8 units and second floors on the front facing street side would be built and duplexes would be built further into the development. He noted the current access off Shiloh Road would be moved further to the north by 75 feet or so, should MDT agree to a second access. He explained that the canal bank could not be compromised in any way per State law and the parkland was a good buffer. He reiterated that the Annexation Agreement was not appropriate to negotiate an agreement between two private parties.
Ms. Plecker explained the differences between NO zoning and NX2 zoning, adding that NO zoning was meant to mix well with any other zoning, but was unique in that it allowed either/or options, i.e., just living space or just office space, and did not have location requirements like the other commercial districts. Council and staff discussions continued concerning a lack of creativity in the newer neighborhoods, which may be due to the code requiring only 2 zones within a PND and perhaps that should be increased to 3 or 4 to provide more diversity in neighborhoods.
Mayor Cole asked for clarification on the BBWA's boundary. Mr. Aspenlieder responded his client's land began at the toe of the canal or bottom of the slope.
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Roy Neese, Ward II
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve Annexation 22-01, with wording changes "development" agreement to "annexation" agreement and adding "among other provisions" within Section 2 of the Conditions paragraph, as recommended by staff.
Vote: 10 - 1
- NO:
-
Councilmember Tom Rupsis, Ward V
Monica Plecker, Planning Manager, presented and stated the Zoning Commission held their public hearing, reviewed the ten review criteria and made their recommendation for approval and adoption of the ten criteria.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Kendra Shaw, Ward I
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve first reading ordinance for Zone Change 1008, and adopt the findings of the 10 criteria, as recommended by Zoning Commission.
Councilmember Rupsis made a finding that the zone change did not meet all 10 of the review criteria, i.e., No. 2, 7, 8, and 10 and opposed its approval.
Councilmember Purinton voiced support of the motion.
Councilmember Neese supported the motion but asked staff to consider making future changes to the NO zoning to require some commercial development.
Councilmember Owen voiced concern about emergency response to the area even though the Fire and Police Departments indicated they could provide service to the area.
Councilmember Gulick echoed Councilmember Rupsis's concerns, but would support the motion for approval.
Councilmember Boyett stated there should be at least one neighborhood office in a NO zone; that the developer found a way to work around that; and perhaps that part of the code needed revising.
Vote: 10 - 1
- NO:
-
Councilmember Tom Rupsis, Ward V
Monica Plecker, Planning Manager, asked Council to delay the decisions until parkland accesses and MDT's consideration for a second access could be determined.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Daniel Tidswell, Ward IV
Motion: I move to delay the annexation agreement with Shiloh Farm, LLC, to allow the developer and staff time to negotiate parkland accesses, and MDT's approval of accesses to the property, and return to Council before 45-day expiration date, recommended by staff.
Mayor Cole stated he would oppose the Annexation Agreement if it did not include some kind of indemnification for the City from damages caused to residents by the BBWA canal.
Councilmember Boyett inquired about the "attractive nuisance" laws and whether the City would be liable for allowing housing development along the canal. City Attorney, Gina Dahl, offered to provide a legal analysis before the matter came to Council for approval.
Vote: 11 - 0
Monica Plecker, Planning Manager, stated there was no presentation, but a public hearing was required.
Discussion ensued about an effective date if the annexation agreement did not come to fruition. Ms. Plecker explained that the ordinance would not become valid if the annexation fell through.
No public testimony was given.
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Tom Rupsis, Ward V
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve first reading ordinance expanding the boundaries of Ward V, as recommended by staff.
Vote: 11 - 0
Jim Tevlin, SBURA Consultant, and Jeb Brees, Billings Logistics Center One, LLC, representative, presented. Mr. Brees stated the TPA Group wanted to develop in Billings because they recognized Billings as an industrial and logistical regional hub. Billings had very low vacancy for industrial businesses and its location was ideal. Mr. Brees explained the project, its proposed architecture and contributions to infrastructure. Mr. Tevlin reminded Council the TIF assistance was contingent upon the pending property closings; mentioned it was a $38 million project and reviewed the financials of the application and the Board's recommendation.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Mike Boyett, Ward V
Motion: I move to approve the Tax Increment Financing Assistance from the SBBURD to Billings Logistics Center One, LLC for public infrastructure, property condition mitigations for development, and demolition of abandoned infrastructures and structures located at 3218 and 3508 South Frontage Road; up to $1,000,000, as recommended by the SBURA Board.
Discussions ensued about architectural details and possible contributions to the Marathon Trail be built in the area.
Councilmember Neese supported the motion for approval and saw the development's potential for generating jobs and contributing to the Billings' economy.
Councilmember Rupsis reminded Mr. Brees that a recreation and aquatic center was anticipated to be built nearby, if he was interested in contributing.
Mayor Cole spoke to the historical value of the land in relation to Lewis and Clark's expedition and mentioned the creation of a recreational site nearby would be beneficial.
Vote: 11 - 0
Moved by
Seconded by Nominations were made by Councilmembers to fill the various community board vacancies. All positions are non-voting. The outcome of those votes were as follows:
- Big Sky Economic Development Board (BSED) - Councilmember Purinton
- Beartooth Resource Conservation & Development (RC&D) - Councilmember Choriki
- Bright and Beautiful - Councilmember Shaw
- Downtown Billings Partnership - Councilmember Rupsis
- Babcock Theater Board - Councilmember Tidswell
Council discussed terms and effective dates for those terms. It was decided that each term would last 2 years, beginning in January following an election year for Mayor and/or Council and ending December 31st of an election year. Nominations and appointments would be made during the same meeting in which the Deputy Mayor Pro Tempore was selected, i.e. first regular business meeting of the new year following an election of Mayor and/or Council.
- There were no speakers for public comment.
- There were no Council initiatives.
| CITY OF BILLINGS | ||
| ATTEST: |  |
BY: William A. Cole, Mayor |
BY:  Denise R. Bohlman, City Clerk |
||