OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
May 23, 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 Ed Gulick, Ward I, Via Zoom
- 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
- Absent:
-
- Councilmember Kendra Shaw, Ward I
- Staff Present:
-
- Chris Kukulski, City Administrator
- Kevin Iffland, Assistant City Administrator
- Gina Dahl, City Attorney
- Denise Bohlman, City Clerk
- Debi Meling, Public Works Director, Via Zoom
- Mac Fogelsong, City Engineer
- Wyeth Friday, Planning Director
- Nicole Cromwell, Zoning Coordinator
- Karen Husman, Planner
- Rusty Logan, MET Transit Manager
- Michael Whitaker, Parks, Recreation and Public Lands Director
- Mark Jarvis, Parks Planner
- Jessica Iverson, Building and Facilities Manager
- John Caterino, Facilities Supervisor
- April 25, 2022
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
APPROVED 10 - 0
- May 9, 2022 - AMENDED PER COUNCILMEMBER RUPSIS CHANGES TO COURTESIES
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Daniel Tidswell, Ward IV
APPROVED 10 - 0
- Mayor Cole attended Reunited States event that honored First Responders, including City employees, Battalion Chief Darrek Mitchell and Randi Dvorak, 911 Communications Dispatcher and congratulated them for the honors.
- June - Men's Health Month
- Councilmember Choriki mentioned he attended the Beartooth RC&D meeting in Columbus, Montana; learned that staff was working with local food-related businesses using ARPA dollars to support them; and that all counties within their serving area were concerned about meth and housing.
- Mayor Cole mentioned he attended the Policy Coordinating Committee's (PCC) May 17th meeting and stated Safe Routes to Schools reports will be available in July.
- Asked Council to remove Consent Agenda Item 1A3 – Bid Award concerning City-owned parcels to be discussed at a future meeting.
- There were NO ex-parte items sent to Mayor and Council after 3 pm.
- Mentioned the following Monday was Memorial Day and City offices would be closed to observe the holiday. It was also a bye week and therefore no City Council meetings would be held that week.
- Advised that, if necessary, an emergency Council meeting may be required concerning mitigation efforts due to the condition of the BBWA canal.
The following citizens spoke to Regular Agenda Item No. 7:
- Greg Monical, 2441 Greenbriar Road, Billings, MT, owner of 777 Fitness Center, voiced concern about the recreation center competing with private fitness gyms. He supported swimming center and ice facilities, but was cautious about any fitness center within the facility.
- Sean Marshall, 6830 Shooters Bluff, Huntley, MT, stated he was an aquatics coach for Billings Aquatics Club that frequently traveled to other cities and states for competitive high school swim meets and supported a regional multi-generational recreation center in Billings.
- Julia (Inaudible), 2306 Green Valley Drive, Billings, MT, stated she was a freshman at West High School and on the Billings Aquatics Club swim team. She spoke about the need to have sufficient swimming pools to hold competitive swim events and for practice trainings.
- Dawn Githens, 3126 Harrier Lane, Billings, MT, stated Billings was short on facilities for families. She has 2 gymnasts and 2 swimmers who would greatly benefit from the proposed multi-generational recreation center.
- Alex Tyson, Executive Director, Visit Billings and Tourism Improvement District Board, 815 S. 27th Street, Billings, MT, provided an official statement of support for the multi-generational recreation center in the SBBURD on behalf of the Tourism Improvement District Board (TBID).
Councilmember Purinton inquired about the probability of the City having its own cement crew to do small jobs, rather than bidding small projects, and whether there would be a cost savings in doing so. Chris Kukuklski, City Administrator, indicated staff was gathering information.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Councilmember Boyett inquired about the location and expense of the training lot. Rusty Logan, Transit Manager, provided details about the lot's purpose for dedicated courses for operator training and bus storage.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Daniel Tidswell, Ward IV
Motion: I move to remove this item from the Consent Agenda to be returned to Council at a future business meeting.
APPROVED 10 - 0
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Councilmember Neese asked whether the City kept a list of contractors that may provide poor estimates to gain a bid and then follow up with multiple change orders that may delay progress on a project. Chris Kukulski, City Administrator, indicated the statute stated "lowest responsible bid" and staff was mindful that if a contractor did not serve the City well, they were not obligated to use them based on poor performance. No formal list was kept.
Jessica Iverson, Building and Facilities Manager, provided that the insurance company determined the amount of hail damage 2 years ago and was involved in using the contractor, but more damage was found making change orders necessary.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Councilmember Owen expressed concern regarding how the BBWA canal may have been negotiated, noting the BBWA needed to be responsible for possible damages caused by their water to the annexed property and its future owners. Chris Kukulski, City Administrator, responded that language in the agreement was logical and preventative in nature concerning the ditch, but the City did not represent itself as an agent for BBWA.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
Council discussed concern about residential development distances to public safety services and the potential liability of the canal.
APPROVED 7 - 3
- NO:
-
Councilmember Daniel Tidswell, Ward IV
Councilmember Pam Purinton, Ward IV
Councilmember Tom Rupsis, Ward V
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Mayor Cole indicated there was a 20-year time limit for one waiver associated with the plat and another waiver had no express time limit. He asked staff to include clear language in both waivers indicating one does not replace the other, both waivers apply simultaneously.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
REGULAR AGENDA:
Cody Lux, Construction Project Manager, NorthWestern Energy, spoke about cost comparisons, reliability, and repair differences between underground and overhead utility installations.
Mr. Kukulski reviewed the City's options with Council.
Councilmember Rupsis acknowledged there was policy that addressed this situation so why was this coming before Council at all. Mark Jarvis responded that there were inconsistencies between the policy and the approved easement language.
Debi Meling, Public Works Director, appeared via Zoom, and provided another option, i.e., the utility lines could be placed in the right-of-way easement next to the parkland, but it was not the best option.
Mr. Kululski followed stating the staff's recommendation was contrary to policy, but in this instance the proposed installation would be safer, and the parkland configuration was atypical.
Gina Dahl, City Attorney, assured Council that varying from the policy as a legislative body, would not set a precedent for other utility companies to differ from the policy in other circumstances. The record was clear about the special circumstances that arose to not impose policy, if Council decided to move that way.
Councilmember Neese clarified that the expense for installing the utility lines would be born by the City, no matter whether it was in the right-of-way or the parkland. He clarified that NorthWestern Energy was not required to provide notice to nearby property owners of the installment or its methodology.
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Danny Chorki, Ward III
Amended Motion: I move to approve the utility easement with Northwestern Energy for overhead electric cables located in parkland along 36th Street West from Monad Road to Central Avenue, as recommended by staff, and noting that the approval of the easement is unprecedented and contrary to current policy and done so for this situation only; the installation of the utility poles must be within 2 feet from the edge of the sidewalk in the parkland.
Council discussed that recent PMDs had created similar parkland development; lending to the possibility of future similar utility installations. Changes to the policy were discussed and that no public hearing was required or given for the public to comment about utility line placement.
APPROVED 9 - 1
- NO:
-
Councilmember Danny Chorki, Ward III
Moved by Councilmember Roy Neese, Ward II
Seconded by
Substitute Motion: I move to postpone this matter until a public hearing can be set and held and notification be given to the neighborhood concerning the plans for utility line installation. DIES FOR LACK OF SECOND
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Tom Rupsis, Ward V
Motion to Amend: I move to amend the motion to include that utility poles must be placed within 2 feet from the edge of the sidewalk in the parkland.
APPROVED 7 - 3
- NO:
-
Councilmember Denise Joy, Ward III
Councilmember Danny Chorki, Ward III
Councilmember Pam Purinton, Ward IV
Nicole Cromwell, Zoning Coordinator, presented that the Zoning Commission held its public hearing and forwarded a recommendation of approval for the zone change to Neighborhood Mixed-Use and adoption of the 10 review criteria. She explained the Neighborhood Mixed-Use allowances; its compatibility with adjacent zones; and the petitioners' wish to update an existing building on Lake Elmo Drive.
There was no public hearing testimony given.
Moved by Councilmember Jennifer Owen, Ward II
Seconded by Councilmember Roy Neese, Ward II
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve first reading ordinance for Zone Change 1013, and adopt the findings of the 10 criteria, as recommended by Zoning Commission.
APPROVED 10 - 0
Karen Husman, Planner, presented that the Zoning Commission held their public hearing and forwarded a recommendation of approval and adoption of the 10 review criteria.
Brian Carlisle, agent, explained the construction phasing for the development for Hunters Pointe and its access points. He stated there would not be commercial use on the first floor of the apartments, because it had not been successful in other projects. The development would be strictly residential.
There was no public testimony 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 for Zone Change 1014, and adopt the findings of the 10 criteria, as recommended by Zoning Commission.
APPROVED 10 - 0
Public testimony was given by:
- Penny Levy, 1411 Emma Drive, Billings, MT, owner, explained that a mid-century zone would more than likely appraise less than a home in a different zone and her home was the only one zoned as such in the area.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Jennifer Owen, Ward II
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve first reading ordinance for Zone Change 1015, and adopt the findings of the 10 criteria, as recommended by Zoning Commission.
Council discussed whether it was appropriate to discuss or even consider appraisal values if an actual appraisal was not submitted with the zone change paperwork, especially if that was the sole purpose a property owner was seeking a zone change.
APPROVED 10 - 0
Recess called at 7:34 pm. Reconvened at 7:40 pm.
Council discussed methods for widespread public notice of the upcoming meetings for input and public comment, as well as what could be done through State legislation.
No action was required and none was taken.
Core committee members spoke to their involvement and interest in the project:
- Jennifer Brown, Recreation and Wellness Specialist, addressed the need for fostering an active community and its health dividends.
- Sean Seedhouse, addressed the interests of ice-users (hockey teams, figure skaters, curling teams and others). He stated the only ice sheet in Billings (Centennial Ice Arena) was willing to collaborate on the project, not compete against it, providing community support. The new facility would provide a tourism and economic boost to Billings.
- Dick Zier, President of SBURA, spoke to the South Billings Boulevard recent business growth; future economic opportunities and improved public safety when youth activities are provided.
- Esther Campbell, appeared via Zoom, provided statistical data and reviewed collection methods.
- Kevin Armstrong, BRS, appeared via Zoom, explained how gymnastics could fit into the facility.
- Jeff King, spoke to the financial modeling for fee structures.
- enlarging the competition pool to 50-meters;
- adding another sheet of ice;
- eliminating competition with private fitness centers;
- site location;
- verifying valid statistical data and collection methods
- fees structures for resident / non-resident users and tournament attendees;
- City / County partnerships;
- financial support that does not use taxpayer dollars;
- concession space; and
- connection to the Marathon Loop.
Mayor Cole opened a second public comment period.
- Heather Hasiak, 6607 O'Donnell Lane, Billings, MT, spoke to the importance of having a 50-meter competition pool for swimming tournaments and State championship competitions. Anything less was defeating the purpose of the facility and $73 million would have been wasted. A 50-meter pool could be bulk headed to create 2 25-meter pools for winter training and competitions.
- Catherine Card, 2815 4th Avenue South, Billings, MT, spoke about making access for the community's under-priviledged affordable.
- Brenna Yarina, 4067 Woodcreek Drive, Billings, MT, spoke on behalf of the ice-users groups stating that the various ice programs were having to cap the numbers of events due to no ice-time availability. That was stunting the growth of the ice athletics programs. She supported a facility that would allow her family members to participate and recreate in other activities at the facility, while others were competing on the ice.
- Catherine Card, 2815 4th Avenue South, Billings, MT, provided statistics of the number of police calls to the Colonial apartment building on South 27th Street and asked Council to do something about the crime-ridden properties and address the landlords and property owners.
- Ed Hostetler, 1305 Nutter Circle, Billings, MT, spoke about the rise in crime and the releasing of criminals in Billings perpetuating the situation and provided examples of parolees who had been released to Yellowstone County and committed crimes while here. He asked Council to prioritize public safety and limit the number of parolees entering the City.
- Frank Ewalt, 2139 Phoebe Drive, Billings, MT, spoke about 27% of DOC pre-releasees and parolees are released to Billings, nearly double the amount they should equitably receive. He stated the recidivism rate was 80% within 6 years. Billings was getting a reputation as being the most crime-ridden city in the State of Montana and that would not encourage families and businesses to locate here. He urged Council to place a cap on the number of parolees that could be released into Billings.
Council and staff discussed methods of addressing property owners with crime-ridden properties; reviewing the City's public nuisance ordinance; gathering statistical crime data; communicating with legislators; and State prison and local jail capacities.
- Councilmember Choriki updated staff to place the YWCA initiative on a future agenda.
Moved by Councilmember Danny Chorki, Ward III
Seconded by Councilmember Daniel Tidswell, Ward IV
Motion: I move staff to place on a future agenda the approval to contribute $1,000 Council Contingency Funds toward the Yellowstone Art Museum's COVID Memorial Student Project in FY23.
Council discussed the use of Council Contingency Funds, i.e., help with community fundraisers vs. furthering policy efforts.
APPROVED 6 - 4
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Pam Purinton, Ward IV
Councilmember Mike Boyett, Ward V
Councilmember Tom Rupsis, Ward V
ADJOURN: 9:55 PM
| CITY OF BILLINGS | ||
| ATTEST: |  |
BY: William A. Cole, Mayor |
BY:  Denise R. Bohlman, City Clerk |
||