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Minutes for City Council Regular Business Meeting

DRAFT
MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
June 13, 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
  • Jennifer Duray, Public Works Deputy Director
  • Wyeth Friday, Planning Director
  • Nicole Cromwell, Zoning Coordinator
  • Monica Plecker, Planning Division Manager
  • Karen Husman, Planner
 
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Rupsis
 
MINUTES:
  • May 23, 2022 - Pending
 
COURTESIES:
  • Councilmember Rupsis encouraged constituents to create a welcoming environment by having "Neighborhood BBQ" events.
  • Mayor Cole recently attended an event put on by the Montana Association for the Blind.
 
PROCLAMATIONS:
  • Juneteenth Day - Pastor Melvin Terry spoke of an upcoming Juneteenth event to be held on June 18, 2022.
  • World Elder Awareness Abuse Day - June 15, 2022
  • Men's Health Month
  • LGBTQ+ Pride Month
  • Montana Football Hall of Fame Day - June 25, 2022
 
COUNCIL REPORTS:
  • Councilmember Choriki indicated he had met with Leonard Smith from the "Native American Development Corporation" and would continue working on that relationship.
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
  • Recommended Council remove Regular Agenda Item #11, due to developer request.
  • Reminded Council of his upcoming contract renewal.
  • Received one ex-parte item from John Halverson, in reference to Item #11.
  • Debi Meling, Public Works Director, gave an update on the possible flooding situation in the City.
 
Councilmember Neese made a motion to remove Regular Agenda Item 11 from the agenda and to allow additional public comment on non-agenda items to the first public comment portion of the agenda, seconded by Councilmember Purinton. UNANIMOUSLY APPROVED
 
PUBLIC COMMENT on "NON-AGENDA ITEMS" and “NON-PUBLIC HEARING” Agenda Items: 1, 7a AND 11 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.)
  • Shelli Mann, 1006 Mary Street, Billings, MT, spoke in favor of diversity in Billings and the "Drag Queen Story Time" event being held at Zoo Montana.
  • Susan Smith, 6133 Timber Cove Drive, Billings, MT, spoke in opposition of "Drag Queen Story Time at the Zoo".
  • Stacy Samuelson, 1515 Avenue F, Billings, MT, spoke in opposition of "Drag Queen Story Time at the Zoo".
  • Jessie Browning, 1315 Muckle Trail, Billings, MT, spoke in opposition of "Drag Queen Story Time at the Zoo"
  • Frank Ewalt, 2131 Phoebe Drive, Billings, MT, spoke in favor of neighborhood BBQ's as suggested by Council. He added the City needed to put a cap on the amount of parolees and pre-releases being sent to Billings.
  • Penny Levy, 1411 Emma Drive, Billings, MT, spoke of available housing for people displaced from their homes due to the flooding.
There was no further public comment.
 
1.
CONSENT AGENDA -- Separations: 1N - Councilmember Owen separated for discussion.
 
A.
Mayor Cole recommends that Council confirm the following appointments:
 
1.
Mayor Cole indicated he would withdraw Jennifer Stark from the committee due to the applicant not living within the City limits as required.
  Name Board/Commission Term
      Begins Ends
1 Andy Zoeller Revolving Loan Committee 06/13/22 12/31/25
2 Jennifer Stark Revolving Loan Committee 06/13/22 12/31/25
3 Zachary Dunn Revolving Loan Committee 06/13/22 12/31/25
4 Kim Olsen Revolving Loan Committee 06/13/22 12/31/25
5 Heather Kirpach Revolving Loan Committee 06/13/22 12/31/25
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
B.
Bid Awards:
 
1.
W.O. 22-27: Landfill Gas Compliance Flare Procurement. (Opened 5/17/22) Recommend LFG Specialties, LLC; $491,160.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
2.
W.O. 22-30: Pedestrian Crossing Improvements. (Opened 5/17/22) Recommend Montana Lines, Inc.; $126,435.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
C.
Airport Automobile Rental Concession agreements for July 1, 2022 through June 30, 2027.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
D.
Agreement with Thorn Run Partners for Federal Lobbying Services; $90,000 per year.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
E.
Purchase playground equipment for Castle Rock Park; $292,357.53.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
F.
Purchase five (5) Dell servers for Public Safety and Enterprise systems; $152,325.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
G.
Purchase thirteen (13) 2022 Ford Interceptor SUV vehicles; $490,544.48.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
H.
Purchase fifteen (15) Motorola radios for Police vehicles; $107,274.30.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
I.
Donation to Billings Police Department from Yellowstone County DUI Task Force for DUI patrols; $2,000.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
J.
Acknowledge receipt of petition to vacate portions of Rich Lane, Will Way, and Camp Lane and set a public hearing for July 11, 2022.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
K.
Final Plat of Hilltop Subdivision, 2nd Filing. *Quasi-Judicial
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
L.
Final Plat of Parkland West Subdivision, 7th Filing. *Quasi-Judicial
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
M.
Resolution 22-11038 approving right-of-way and amended plat of Sunny Cove Fruit Farms.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
N.
Resolution 22-11039 to contribute Council Contingency funds to Yellowstone Art Museum for Covid Memorial; $1,000. 

Councilmember Owen indicated she thought the money would be used for a larger memorial and asked for clarification. Councilmember Neese indicated he had concerns with how the initiative process was handled. He also spoke of concerns with how Council contingency funds were spent. Council discussed Covid memorial options and various ways to use Council contingency funds.
 

Moved by Councilmember Kendra Shaw, Ward I 

Seconded by Councilmember Denise Joy, Ward III 

APPROVED   6 - 5

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
 
O.
Bills for the Weeks of:
 
1.
May 2, 2022
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
2.
May 9, 2022
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
3.
May 16, 2022
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Ed Gulick, Ward I 

APPROVED   11 - 0

 
REGULAR AGENDA:
 
2.
PUBLIC HEARING AND RESOLUTION 22-11040 approving and adopting FY2022 budget amendments. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)

Andy Zoeller, Finance Director, gave an overview of the proposed FY2022 budget amendments. Councilmember Neese discussed parks funding. Council and staff discussed options available to lower costs for Centennial Park and various funding options available. 

Councilmember Neese requested Council separate the Parks and YWCA portion of the budget for individual votes.

Councilmember Shaw made a motion to approve the budget amendments that had not been separated, seconded by Councilmember Boyett. APPROVED

Councilmember Shaw asked for additional information from Merry Lee Olson. Ms. Olson, YWCA CEO, spoke of YWCA's role to help reduce violent crime and poverty. She discussed plans for the new Gateway Horizons shelter. Bill Kennedy, YWCA Senior Consultant, spoke of funding and current donations. 

There was no public testimony given.

Councilmember Neese made a motion to reject the Parks budget amendments, seconded by Councilmember Rupsis. Mr. Zoeller requested Council approve the $1,913 already paid for the completed restroom project. Councilmember Neese and Rupsis agreed to approve that amount. Council discussed the motion and how it would affect the budget authority in the future. APPROVED UNANIMOUSLY TO REJECT ALL PARKS BUDGET AMENDMENTS EXCEPT FOR $1,913

Councilmember Joy made a motion to approve the YWCA budget amendment to be reimbursed by the Marijuana Excise Tax, seconded by Councilmember Owen. Councilmembers spoke positively about the YWCA and how it helped the community. APPROVED

Recess at 7:28 pm. Reconvened at 7:36 pm.
 
 
3.
PUBLIC HEARING AND RESOLUTION 22-11041 approving and adopting the water resale rate and fee schedule. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Jennifer Duray, Public Works Deputy Director, gave a presentation of the water resale rate and fee schedule. Council discussed rates and contracts for resale customers. 

Public testimony was given by:
  • Ming Cabrera, Heights Water District, indicated the district had a 5% limit to their allowable rates before it would need to be voted on by water users. He reminded Council the district provided their own equipment and hoped future negotiations would be fair. 
There was no further public testimony. 

Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution approving and adopting the water resale rate and fee schedule, as recommended by staff.
 
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   11 - 0

 
4.
PUBLIC HEARING AND RESOLUTION 22-11042 establishing collection, disposal, and landfill fees for FY2023. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)

Jennifer Duray, Public Works Deputy Director, gave a presentation of the proposed collection, disposal and landfill fees for FY2023. She requested Council amend the proposed resolution to include Fats, Oils and Grease (FOG) fees. Council discussed the process for FOG disposal and costs. AMENDED to include FOG fees.

Public testimony was given by: 
  • Frank Ewalt, 2131 Phoebe Street, Billings, MT, spoke in favor of including a special fee to out of town customers to be used for capital improvements at the Landfill. 
There was no further public testimony. 

Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution establishing collection, disposal, and landfill fees for FY2023 amended to add FOG fees, as recommended by staff.

 
 

Moved by Councilmember Denise Joy, Ward III 

Seconded by Councilmember Danny Chorki, Ward III 

APPROVED   11 - 0

 
5.
PUBLIC HEARING AND FIRST READING ORDINANCE amending Billings, Montana City Code, Article 21-200, Solid Waste Collection and Disposal. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Jennifer Duray, Public Works Deputy Director, gave a presentation of revisions to the carry-out fee, medical necessity requirements, and minor amendments to verbiage. 

There was no 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 21-200, on first reading, as recommended by staff.

Moved by Councilmember Roy Neese, Ward II 
Seconded by Councilmember Ed Gulick, Ward I 
 
Amended Motion: I move to amend Section 21-209 to state: "will be picked up per approved published schedule or frequency".

Moved by Councilmember Roy Neese, Ward II 
Seconded by Councilmember Mike Boyett, Ward V 
APPROVED 11-0
Amended Motion: I move to amend Section 21-209 to state: "refuse placed in receptacles not meeting these specifications will not be collected and continued violation could lead to a code violation".  

Moved by Councilmember Roy Neese, Ward II 
Seconded by Councilmember Mike Boyett, Ward V 
Ms. Duray indicated she would prefer the last sentence be struck because Solid Waste did not have the staff to enforce the issue.

Substitute Motion: I make a substitute motion to strike the last sentence in Section 21-209.
 

Moved by Councilmember Ed Gulick, Ward I 

Seconded by Councilmember Roy Neese, Ward II 

APPROVED   11 - 0


Amended Motion: I move to amend Section 21-211 to add: "All City provided residential containers must keep the area around the container clear. The recommended clearance is 4 feet around containers".

Council discussed the language and the effects it would have on the Solid Waste Department. Councilmember Rupsis asked if Ms. Duray thought the language was necessary. She indicated she did not think it was necessary. 
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Pam Purinton, Ward IV 

APPROVED   6 - 5

NO:
Councilmember Kendra Shaw, Ward I
Councilmember Ed Gulick, Ward I
Councilmember Denise Joy, Ward III
Councilmember Danny Chorki, Ward III
Councilmember Tom Rupsis, Ward V
 
6.
PUBLIC HEARING AND RESOLUTION 22-11043 for a street name change from Monad Road to Rocky Vista Way located between Shiloh Road and 44th Street West. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Jennifer Duray, Public Works Deputy Director, gave an overview of the location and surrounding streets. Council discussed the City's current street name change policy and affects of the proposed change. 

Public testimony given by:
  • Dr. David Park, Rocky Vista University of Osteopathic Medicine, indicated they would be paying for all costs associated and spoke of the proposed medical school. Council discussed the school and reasons for the street name change. 
There was no further public testimony. 

Council discussed the street and future plans for the area. 
 
Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the resolution for a street name change from Monad Road to Rocky Vista Way, as recommended by staff.  
 
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Tom Rupsis, Ward V 

APPROVED   11 - 0

 
7.
PUBLIC HEARING AND RESOLUTION 22-11044 FOR ANNEXATION 22-04: a parcel located west of Harnish Boulevard and north of Trade Center Avenue. Staff recommends a conditional approval. (Action: approval or disapproval of staff recommendation.) *Quasi-Judicial

Monica Plecker, Planning Division Manager, gave a presentation of the annexation and showed a map of the area. She indicated the annexation would not need a zone change and spoke of the Annexation Policy Criteria. 

Public testimony given by:
  • Joe Easton, Property Development Director, thanked Planning and Council for their time. 
There was no further public testimony.

Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve Annexation 22-04, as recommended by staff.
 
 

Moved by Councilmember Pam Purinton, Ward IV 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   11 - 0

 
a.
ANNEXATION AGREEMENT with Messinger Company, LLC. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Monica Plecker, Planning Division Manger, stated she did not have a presentation but was available for questions. Council questioned future plans for the area. Wyeth Friday, Planning Director, indicated the route had not yet been determined but staff would provide information to Council at a future date. 

Motion: I move to approve the Annexation agreement with Messinger Company, LLC, as recommended by staff. 
 
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Pam Purinton, Ward IV 

APPROVED   11 - 0

 
b.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward V to include recently annexed property in Annexation 22-04: a parcel located west of Harnish Boulevard and north of Trade Center Avenue. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)

Monica Plecker, Planning Division Manager, indicated she did not have a presentation, but was available for questions.

There was no public 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 V, as recommended by staff.
 
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Tom Rupsis, Ward V 

APPROVED   11 - 0

 
8.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE 22-5809 FOR ZONE CHANGE 1013: a zone change located at 527 Lake Elmo Drive. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of Zoning Commission recommendation.) *Quasi-Judicial

Monica Plecker, Planning Division Manager, referenced previous information given to Council during the public hearing and first reading for Zone Change 1013. 

There was no public testimony given.


Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 1013, and adopt the findings of the 10 criteria, as approved by City Council on first reading May 23, 2022.

 
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Jennifer Owen, Ward II 

APPROVED   11 - 0

 
9.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE 22-5810 FOR ZONE CHANGE 1014: a zone change located at 3038 Central Avenue. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of Zoning Commission recommendation.) *Quasi-Judicial

Monica Plecker, Planning Division Manager, reviewed the Zoom capabilities for zone change meetings and indicated she did not have a presentation but was available for questions. 

There was no public testimony given.

Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 1014, and adopt the findings of the 10 criteria, as approved by City Council on first reading May 23, 2022.


 
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Kendra Shaw, Ward I 

APPROVED   11 - 0

 
10.
PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE 22-5811 FOR ZONE CHANGE 1015: a zone change located at 1411 Emma Drive. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of Zoning Commission recommendation.) *Quasi-Judicial

Monica Plecker, Planning Division Manager, gave a brief overview of the previous presentation and indicated she was available for questions. 

There was no public testimony given.

Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 1015, and adopt the findings of the 10 criteria, as approved by City Council on first reading May 23, 2022.

 
 

Moved by Councilmember Jennifer Owen, Ward II 

Seconded by Councilmember Roy Neese, Ward II 

APPROVED   11 - 0

 
11.
NINE CITY-OWNED PARCELS TO SELL, EXCHANGE OR DONATE, Terrace Estates Subdivision, 3rd Filing. (Opened 5/3/2022). No recommendation. REMOVED FROM AGENDA
 
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:

There were no Council Initiatives.
 
ADJOURN: 9:27 pm
    CITY OF BILLINGS
ATTEST:            BY:
         William A. Cole, Mayor




BY:
          Denise R. Bohlman, City Clerk