MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
May 9, 2022
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
May 9, 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 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 VIA ZOOM
- Absent:
-
- Councilmember Roy Neese, Ward II
- Staff Present:
-
- Chris Kukulski, City Administrator
- Kevin Iffland, Assistant City Administrator
- Gina Dahl, City Attorney
- Toni Keehner, Deputy City Clerk
- Wyeth Friday, Planning Director
- Nicole Cromwell, Zoning Coordinator
- Karen Husman, Planner, 1
CALL TO ORDER: Deputy Mayor Boyett
PLEDGE OF ALLEGIANCE: Deputy Mayor Boyett
INVOCATION: Councilmember Tidswell
MINUTES:
- April 25, 2022 - Pending
COURTESIES:
- Councilmember Rupsis stated Babcock Theater had recently hosted a Hive competition to help students aspiring to be entrepreneurs. The top three students introduced themselves and explained their businesses.
- Councilmember Owen stated Castlerock Park had recently hosted an Arbor Day event.
- Mayor Cole indicated he would be attending via Zoom due to testing positive for Covid and reminded everyone to be cautious and the importance of being fully vaccinated.
PROCLAMATIONS:
- Head Start - 50th Anniversary
- Building Safety Month
- Mental Health Awareness Month
COUNCIL REPORTS:
- Councilmember Shaw stated the Water Week Open House had been a success and thanked the Public Works Department for their efforts.
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
- Anyone wishing to speak regarding the Special Presentation, Continuum of Care, would have an opportunity during the presentation.
- No ex-parte items.
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1 AND 5 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: 1F
Councilmember Choriki separated 1F for discussion.
Councilmember Choriki separated 1F for discussion.
A.
Bid Awards:
1.
2022 2WD Tractor/Mower. (Opened 4/19/22) Recommend Torgerson's, LLC; $89,825.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
2.
W.O. 20-41: Landfill Gas Collection System Lift One. (Opened 4/19/22) Recommend KLE Construction; $789,380.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
3.
West Taxilane Extension Project. (Opened 4/19/22) Recommend Knife River - Billings; $810,358.50.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
B.
Agreement with PlotBox for Cemetery records management software; $44,000.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
C.
Consultant Agreement with Kittleson & Associates for 2023 Long Range Transportation Plan update; not to exceed $269,801.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
D.
Professional Engineering Services Agreement with Morrison-Maierle, Inc.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
E.
Purchase 2022 Tracked Excavator from Tractor & Equipment; $101,872.08.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
F.
Federal Highway Administration Grant for Inner Belt Loop and Skyline Trail; $11,656,765.
Councilmember Choriki indicated he would not support Item 1F since funding was not in place.
Councilmember Choriki indicated he would not support Item 1F since funding was not in place.
Moved by Councilmember Danny Chorki, Ward III
Seconded by Councilmember Jennifer Owen, Ward II
APPROVED 9 - 1
- NO:
-
Councilmember Danny Chorki, Ward III
G.
Preliminary Subsequent Minor Plat of St. Vincent Health Subdivision, located near the northeast intersection of Saint Mary Way and King Avenue West; SCL Health, owner; Sanderson Stewart, agent. * Quasi-Judicial
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
H.
Preliminary Subsequent Minor Plat of St. Vincent Health Subdivision, located on Henry Chapple Street between Monad Road and Saint Vincent Way; SCL Health, owner; Sanderson Stewart, agent. * Quasi-Judicial
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
I.
Amendment to Subdivision Improvement Agreement for Lake Hills Subdivision.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
J.
Resolution 22-11037 amending the boundaries of SILMDs 13 and 14 and approving lighting transfer agreement with Billings Clinic.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
K.
Second/Final Reading Ordinance 22-5804 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.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
L.
Second/Final Reading Ordinance 22-5805 expanding Ward V (Annexation 22-01):a parcel located north of Zoo Drive and west of Shiloh Road.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
M.
City Council Strategies and Priorities Adoption.
Councilmember Purinton indicated the Inner Belt Loop and Skyline trail projects were listed for 2022-2024 which did not coincide with the Federal Highway Administration projection. Councilmember Owen explained there was a difference between Federal Government expectations and Council priorities and indicated she would prefer it remain on the Council strategies and priorities list as is.
Councilmember Purinton indicated the Inner Belt Loop and Skyline trail projects were listed for 2022-2024 which did not coincide with the Federal Highway Administration projection. Councilmember Owen explained there was a difference between Federal Government expectations and Council priorities and indicated she would prefer it remain on the Council strategies and priorities list as is.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
N.
Bills for the Weeks of:
1.
April 5, 2022
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
2.
April 11, 2022
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
SPECIAL PRESENTATION:
Continuum of Care.
Kari Boiter, Yellowstone County Continuum of Care (COC), gave a presentation of the program and reviewed the community partners, members, coordinated entry system and outcomes. She explained the "Off the Streets" program timeline, community members served, successes and strategic plans. Council discussed public safety needs and options available to help the homeless population and the community. Kody Christensen-Linton, Downtown Billings Alliance, spoke of other programs and how to best service the community.
Public testimony was given by:
Council spoke of public safety funding, housing needs and how the City could help the homeless population.
No action necessary or taken.
Kari Boiter, Yellowstone County Continuum of Care (COC), gave a presentation of the program and reviewed the community partners, members, coordinated entry system and outcomes. She explained the "Off the Streets" program timeline, community members served, successes and strategic plans. Council discussed public safety needs and options available to help the homeless population and the community. Kody Christensen-Linton, Downtown Billings Alliance, spoke of other programs and how to best service the community.
Public testimony was given by:
- Oksana Sheehan, Montana Rescue Mission (MRM), stated the MRM statistics of community members served was not accurate. She spoke of solutions and ways the community needs were being met by MRM.
- Collin Wilson, Support and Techniques for Empowering People (STEP), indicated the closure of the low barrier shelter had been difficult for many people and bed space was in high demand for the homeless and addicted population.
- Catherine Card, Continuum of Care, indicated crisis center screening was important for proper placement and spoke of the COC benefits.
- Mary Gilluly, St. Vincent de Paul, indicated day center numbers were increasing rapidly and spoke of various needs of the community.
- John Halvorsen, 239 Avenue F, Billings, MT, spoke of the need for housing to help the community.
- Crystal Friedrich, 8511 Razor Creek Drive, Shepherd, MT, complimented the facilities that helped the homeless community.
Council spoke of public safety funding, housing needs and how the City could help the homeless population.
No action necessary or taken.
REGULAR AGENDA:
2.
PUBLIC HEARING AND FIRST READING ORDINANCE amending Ordinance 21-5783, Zone Change 1000. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
Karen Husman, Planner I, spoke of the error in Ordinance 21-5783 and reviewed the proposed corrections.
There was no public hearing testimony given.
Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the amendment to Ordinance 21-5783, as recommended by staff.
Karen Husman, Planner I, spoke of the error in Ordinance 21-5783 and reviewed the proposed corrections.
There was no public hearing testimony given.
Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the amendment to Ordinance 21-5783, as recommended by staff.
Moved by Councilmember Ed Gulick, Ward I
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 10 - 0
3.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE 22-5806 FOR ZONE CHANGE 1008: a zone change near the intersection of Shiloh Road and Zoo Drive. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of Zoning Commission recommendation.) *Quasi-Judicial
Karen Husman, Planner I, gave an overview of the Zone Change and indicated there would need to be a master site plan and mitigation by the engineers. Council discussed Billings Bench Water Association (BBWA) ditch concerns. Wyeth Friday, Planning Director, indicated an upcoming development agreement would include language addressing those concerns.
There was no public hearing testimony given.
Councilmember Gulick encouraged connectivity and spoke of other areas with nearby ditches. Councilmember Rupsis indicated he would not support the zone change and was not confident safety for residents would be a priority. He indicated concerns with Neighborhood Office zoning. Councilmember Joy explained there were many parts of the City close to ditches.
Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 1008, and adoption of the findings of the 10 criteria, as approved by City Council on first reading April 25, 2022.
Karen Husman, Planner I, gave an overview of the Zone Change and indicated there would need to be a master site plan and mitigation by the engineers. Council discussed Billings Bench Water Association (BBWA) ditch concerns. Wyeth Friday, Planning Director, indicated an upcoming development agreement would include language addressing those concerns.
There was no public hearing testimony given.
Councilmember Gulick encouraged connectivity and spoke of other areas with nearby ditches. Councilmember Rupsis indicated he would not support the zone change and was not confident safety for residents would be a priority. He indicated concerns with Neighborhood Office zoning. Councilmember Joy explained there were many parts of the City close to ditches.
Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 1008, and adoption of the findings of the 10 criteria, as approved by City Council on first reading April 25, 2022.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
APPROVED 8 - 2
- NO:
-
Councilmember Daniel Tidswell, Ward IV
Councilmember Tom Rupsis, Ward V
4.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE 22-5807 FOR ZONE CHANGE 1012: housekeeping amendments to the new zoning code. Zoning Commission recommends approval and adoption of the findings of the 10 review criteria. (Action: approval or disapproval of the Zoning Commission recommendation.)
Nicole Cromwell, Zoning Coordinator, reviewed the amendments to the ordinance and indicated they were not changes in policy but simply creating a cleaner code.
Public hearing testimony given by:
There was no further public hearing testimony.
Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve second reading for Zone Change 1012, and adoption of the findings of the 10 criteria, as approved by City Council on first reading April 25, 2022.
Nicole Cromwell, Zoning Coordinator, reviewed the amendments to the ordinance and indicated they were not changes in policy but simply creating a cleaner code.
Public hearing testimony given by:
- John Halvorsen, 239 Avenue F, Billings, MT, indicated the change to the N1 zoning regarding vehicular access seemed like a substantive change. Ms. Cromwell indicated the current code did not allow a drive approach off the front street which was contradictory to the rest of the zones, therefore, the amendment had been proposed for continuity.
There was no further public hearing testimony.
Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve second reading for Zone Change 1012, and adoption of the findings of the 10 criteria, as approved by City Council on first reading April 25, 2022.
Moved by Councilmember Pam Purinton, Ward IV
Seconded by Councilmember Tom Rupsis, Ward V
APPROVED 9 - 1
- NO:
-
Councilmember Jennifer Owen, Ward II
5.
COUNCIL SUB-COMMITTEES DISCUSSION.
Chris Kukulski, City Administrator, introduced the topic and indicated staff was available for questions. Councilmember Shaw spoke of the proposed committees and indicated she wanted them to include policy-driven discussions that improved Council relations and minimally utilized staff. Councilmember Owen discussed the perceived committees, scope of each committee, and encouraged Council discussion and suggestions. Council discussed the types of committees needed, numbers, formulations and legal requirements involved.
No action required.
Chris Kukulski, City Administrator, introduced the topic and indicated staff was available for questions. Councilmember Shaw spoke of the proposed committees and indicated she wanted them to include policy-driven discussions that improved Council relations and minimally utilized staff. Councilmember Owen discussed the perceived committees, scope of each committee, and encouraged Council discussion and suggestions. Council discussed the types of committees needed, numbers, formulations and legal requirements involved.
No action required.
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.)
- There were no speakers for public comment.
COUNCIL INITIATIVES:
- Councilmember Rupsis directed staff, within the next 90 days, to compile a list of City-owned properties; put together a process to encourage development proposals; and identify costs involved, seconded by Councilmember Owen. Councilmember Joy questioned if this sort of process had already occurred and indicated most City properties had already been sold. Council discussed the process and how it could help the community. Councilmember Joy indicated offering to sell City land could create an issue with equity and may not create affordable housing, so she would not support the initiative. APPROVED 9-1, JOY OPPOSED
- Councilmember Choriki directed staff, to add to a future agenda, discussion to allow a budget amendment of $200,000 in recreational marijuana excise taxes for YWCA to complete construction of the Gateway Horizons Domestic Violence Shelter, seconded by Councilmember Owen. Council questioned the process and discussed how the budget amendment would occur. APPROVED UNANIMOUSLY
ADJOURN: 8:31 PM
| CITY OF BILLINGS | ||
| ATTEST: |  |
BY: William A. Cole, Mayor |
BY:  Denise R. Bohlman, City Clerk |
||