OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
June 27, 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, Via Zoom
- 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
- Andy Zoeller, Finance Director
- Debi Meling, Public Works Director
- Wyeth Friday, Planning Director
- Jennifer Duray, Public Works Deputy Director
- Nicole Cromwell, Zoning Coordinator
- Monica Plecker, Planning Manager
- Karla Stanton, Human Resources Director
- Rusty Logan, MET Transit Manager
- Rich St. John, Police Chief
- Gavin Woltjer, Library Director
- Pepper Valdez, Fire Chief
- Michael Whitaker, Parks, Recreation and Public Lands Director
- Kevin Ploehn, Aviation and Transit Director
- David Watterson, Information Technology Director
- May 23, 2022
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Roy Neese, Ward II
Vote: 11 - 0
- June 11, 2022 - Pending
- Mayor Cole announced he, Mrs. Cole and Ron Spence traveled to the largest navel station in the world in Norfolk, Virginia to witness the commissioning of the USS Montana, a nuclear-powered submarine. He further announced the USS Billings - Freedom Class Littoral Combat Ship would not be decommissioned as had previously been considered.
- Councilmember Rupsis called Police Chief St. John forward to recognize the dedicated police officers who stepped up to work extra shifts and even cancel approved vacation time to work in light of 19 police officers being on administrative leave.
- Police Chief St. John recognized that 13 officers had voluntarily covered vacated shifts to provide adequate public safety; 3 of whom canceled their vacations. Officer Fonte was in Council Chambers and called to the front to be recognized by the Chief, Mayor and Council.
- There were no proclamations.
- Councilmember Purinton spoke via Zoom from Helena as she was attending the Law and Justice Interim Committee meetings reviewing bills to be presented to the legislature. She would attend the Criminal Justice Oversight Council meeting to review legislation involving theft crimes and sentencing, sober living homes and definitions of persistent felony offender, disorderly conduct and felony motor vehicle offenses.
- Consent Agenda Item E, the purchase amount listed on the agenda was wrong and should have reflected the amount stated in the staff memo - $327,487.32.
- Consent Agenda Item H, needed to be removed and placed on the 7/25/22 Agenda, per the applicant's request.
- Staff will be watching the proceedings in Helena as they are important to the public safety issues in Billings.
- National Citizens Survey is available on the City's website.
- July 4th Holiday was the next Monday and City offices were closed. The Council Work Session meeting would be held the following Tuesday, July 5th.
- There were NO exparte items sent to Mayor and Council after 3 pm.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Tom Rupsis, Ward V
Vote: 11-0
The following individual spoke:
- Catherine Card, 2815 4th Avenue South, Billings, MT, asked Council to prioritize funding low-barrier or no-barrier shelter for the homeless as it helps the community's health as a whole.
The following individual spoke:
- Ming Cabrera, President - County Water District Board, 1734 Poly Drive, Billings, MT, asked that Council not approve the appointment of Frank Ewalt to the County Water District of Billings Heights because it was actually the Board's responsibility to fill a vacancy created by a resignation on the Board, and he referred to MCA. He suggested that the Mayor and Council forward a letter of recommendation to the Board instead.
- 1A1 - Mayor Cole separated to remove the appointment of Frank Ewalt to the County Water District of Billings Heights Board as advised by Board President, Ming Cabrera.
| Name | Board/Commission | Term | ||
| Begins | Ends | |||
| 1 | Amanda Tiernan | Animal Control Board | 06/27/22 | 12/31/25 |
| 2 | No Applications | Animal Control Board | 06/27/22 | 12/31/25 |
| 3 | No Applications | Board of Appeals - Electrician | 06/27/22 | 12/31/25 |
| 4 | Applications pending | Citizen Police Advisory Board* | 06/27/22 | 12/31/25 |
| 5 | Frank Ewalt | County Water District of Billings Heights* | 06/27/22 | 12/31/24 |
| 6 | Simon Harris | Human Relations Commission | 06/27/22 | 12/31/23 |
| 7 | Jennifer Webber | Parking Board | 06/27/22 | 12/31/25 |
| 8 | No Applications | Yellowstone Planning Board - Ward 4* | 06/27/22 | 12/31/22 |
9 |
Lucy Aspinwall |
Revolving Loan Committee |
06/27/22 |
12/31/25 |
*5 Unexpired term of Jeff Engel
*6 Unexpired term of Katherine Cerda
*7 Unexpired term of Darell Tunnicliff
Moved by Mayor William Cole
Seconded by Councilmember Jennifer Owen, Ward II
Motion: I move to approve the confirmation of all appointments, except Frank Ewalt, to the County Water District of Billings Heights.
Councilmember Rupsis called point of order to confirm the motion was to confirm all appointments except for Frank Ewalt to the County Water District of Billings Heights Board and that a separate motion would be made for the recommendation letter concerning Frank Ewalt.
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by
Councilmember Neese called the question to vote on approval of confirmation of all the Mayor's recommended appointees to the boards and commissions, except Frank Ewalt to the County Water District of Billings Heights.
Vote: 11 - 0
Moved by Mayor William Cole
Seconded by Councilmember Jennifer Owen, Ward II
Motion: I move to approve the Mayor forwarding a letter of recommendation for the appointment of Frank Ewalt to the County Water District of Billings Heights Board on behalf of the Council.
Councilmember Rupsis noted there were other applications for the County Water District and those had been properly completed, while Mr. Ewalt's application basically noted he was a former councilmember with little or no other information provided to his qualifications to serve. Councilmember Rupsis opposed the recommendation based on the appearance of entitlement by the former councilmember. Mayor Cole indicated Mr. Ewalt had attended nearly every board meeting and was well-versed with its business.
Vote: 9 - 2
- NO:
-
Councilmember Mike Boyett, Ward V
Councilmember Tom Rupsis, Ward V
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Jennifer Owen, Ward II
Motion: I moved to change the language from appointment to recommendation of Frank Ewalt to the County Water District of Billings Heights.
Vote: 9 - 2
- NO:
-
Councilmember Kendra Shaw, Ward I
Councilmember Tom Rupsis, Ward V
City Administrator, Chris Kukulski, indicated he had planned to forward a letter to the County Water District of Billings Heights, stating the City's desire to have a representative on its board. He would forward a draft of the letter to Council prior to sending it.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Councilmember Boyett noted that per the Administrator's Report be it acknowledged for the record that the correct purchase amount was $327,487.32 as noted in the staff memo.
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Jennifer Owen, Ward II
Motion: I move to remove this item from the agenda and place on the July 25, 2022 Regular Business meeting agenda as proposed by staff.
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Denise Joy, Ward III
Vote: 11 - 0
Andy Zoeller, Finance Director, provided a brief presentation to review the proposed FY23 budget.
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Ed Gulick, Ward I
Amended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a resolution adopting and approving the FY23 Budget as amended below.
Vote: 9 - 2
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Pam Purinton, Ward IV, Via Zoom
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Kendra Shaw, Ward I
Motion to Amend: I move that the Council adopt the following and revise the proposed FY23 budget to be consistent with items #1 through #5.
1. As recommended by staff, the FY23 budget should reflect the assessment of the 2 mills from the Public Safety Mill Levy. The revenue generated from those mills, plus $400k of the anticipated cannabis tax revenues should be placed in an accounting fund explicitly designated for improving public safety and reducing crime in our community through programs addressing substance abuse, mental and behavioral health, housing essential to public safety, and related support services.
2. The City Administrator should designate a staff member, or contract with an external resource using the funds allocated in item #1, whose role it will be to engage with service agencies working on the issues of mental and behavioral health, housing security and homelessness, and related public safety issues in our community and to advance solutions through public-private partnerships.
3. The City Administrator should solicit input or proposals from agencies or firms that desire to provide behavioral health co-responder services for the Crisis Response Units beginning in FY23. Input should include, but not be limited to, costs, implementation plan, and success metrics. Responders should operate under the assumption that City funding will include at least the EMT/paramedic resources required as part of a best-practice solution.
4. The City Administrator should solicit input or proposals from agencies or firms that desire to provide seasonal low-barrier shelter and/or sobering center services for all or part of the period from October 1, 2022, through March 31, 2023. Input should include, but not be limited to, location, costs, implementation plan, and success metrics. Case management services would ideally be included as a factor of success for the program.
5. The City Administrator should provide regular progress updates and the results of #3 and #4 above to Council with all due haste, especially prioritizing #2 as seasonal low-barrier shelter services will be required in just over 3 months.
Council and staff discussed how best to approach amendments to the proposed budget. Councilmember Owen expressed concern with the breadth of Councilmember Rupsis's amendment and indicated the City lacked a plan to handle mental and behavioral health crises and prevention. She suggested establishing a plan with community input and then allocate monies toward the implementation of the plan. She supported using marijuana revenue toward substance abuse and mental health initiatives. She did not support burdening the City Administrator with responsibilities outlined in the proposed amendment.
Councilmember Shaw expressed concern about keeping community partners engaged if the City does not levy funding toward the issues. The public conversations about passing the mill levy included a piece about utilizing funds toward mental health and substance abuse issues.
Councilmember Joy indicated the amendment was consistent with the direction given by past Councils. She voiced support for the motion to amend.
Councilmember Purinton disagreed that community partners would abandon working with the City when there was money that could be allocated their direction. She agreed that the marijuana revenue made a difference in the 2 mills levied, but wanted to wait on allocating it now. She acknowledged the City's investments into public safety. She indicated the next legislation may release some Medicaid monies toward mental health and substance abuse programs. Programs must be sustainable. She would not support the motion to amend because there were too many elements that were not addressed
Councilmember Choriki noted no citizens attended the entire budget sessions, nor were they stating they did not want increases to their taxes. What he heard from citizens were comments about improving the quality of life in Billings. He recognized that processes needed to be identified for implementation and he suggested hiring a consultant or hiring a staff person to do it, rather than a committee of Councilmembers. He stressed Council needed to act now and that it would require a lot of money. He acknowledged the Center for Public Safety Management (CPSM) results was the catalyst that drove Substance Abuse Connect to find community partners to begin the process of addressing these issues. He voiced his support for the amendment.
Councilmember Boyett admitted he wanted the mill levy to pass, but he too wanted a process to be identified before allocation of funds. He initially was skeptical of Off the Streets until he toured it and found it was successful during the winter months. He voiced his support for the amendment to get the process started.
Mayor Cole acknowledged that voters responded favorably to the Council's ask to provide funds to address public safety concerns and that a process was needed. He also acknowledged that the process could not be started without money to work toward solutions and Council was not the body to determine a plan, but could rather incentivize community partners that dealt with these issues. He mentioned Rimrock Foundation's withdrawal to partner with the City was detrimental. He voiced support for the amendment.
Councilmember Owen asked Councilmember Rupsis if he would consider "fee for service" options for the mental health and substance abuse portions of his amendment. Councilmember Rupsis responded no particular model had been outlined in his motion, so whatever was determined during the responding agencies proposals could be considered.
Vote: 7 - 4
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
Councilmember Daniel Tidswell, Ward IV
Councilmember Pam Purinton, Ward IV, Via Zoom
Moved by Councilmember Jennifer Owen, Ward II
Seconded by Councilmember Roy Neese, Ward II
Motion to Amend: I move to amend the Public Safety Fund to increase the Operations line item by $75,000 to be used for community-wide crime prevention activities, including volunteer recruitment per the Police Department Budget narrative.
Councilmember Owen indicated funds from the increase would be carryover funds from FY22, rather than placing the funds in a reserve as a one-time increase.
Councilmember Neese supported the motion, suggesting that some future marijuana revenues be utilized toward crime prevention efforts and education on a more permanent basis.
Councilmember Joy asked how the additional funds would be utilized. Chief St. John responded it could be used to enhance crime prevention and Public Information Officer (PIO) programs.
Council and Staff discussed the lack of reward monies; that Crimestoppers rewards were funded by the Breakfast Exchange Club; the use of some High-Intensity Drug Traffic Area (HIDTA) grant funds; and Reserve Fund balances.
Councilmember Boyett indicated staff did not have a clear vision for how the $75,000 would be used.
Vote: 11 - 0
Moved by Councilmember Jennifer Owen, Ward II
Seconded by Councilmember Roy Neese, Ward II
Motion to Amend: I moved to amend the budget by increasing the Investigations line item by $50,000 to be used to increase the resources for investigations related to domestic violence.
Councilmember Owen suggested the funds would come from FY22 unspent funds and from FY23 unspent funds in the Animal Control line item. She sought to prioritize resources for domestic violence investigations and establishing a multi-jurisdictional Family Violence Unit and technical assistance, as recommended in the CPSM report.
Council and Staff discussions followed concerning the health of the Reserve Fund as being small compared to the size of the budget.
Vote: 11 - 0
Recess called at 7:20 pm. Reconvened at 7:36 pm.
Moved by Councilmember Pam Purinton, Ward IV, Via Zoom
Seconded by Councilmember Roy Neese, Ward II
Motion to Amend: I move to delete from the proposed budget the FTE for the Downtown Police Officer. WITHDRAWN
Councilmember Purinton noted that the Downtown Billings Association (DBA) was not providing enough funding for the position. Councilmember Joy asked for funding specifics. Police Chief St. John explained that outside entities were charged the baseline expense for an entry-level officer, however they were provided an upper-level officer. The City made up the difference, $15,000-$20,000. DBA pays for the officers' equipment, the same arrangement as with the School District and Billings Clinic. This would be a third officer funded by DBA and the businesses that contribute to them.
Councilmember Neese withdrew his second to the motion and stated he would not support the motion given the information provided by the Police Chief. Councilmember Boyett indicated he would second the motion, but Councilmember Purinton withdrew her motion based on the information provided by the Police Chief.
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Danny Chorki, Ward III
Motion to Amend: I move to amend the proposed FY23 Budget to include hiring one FTE Parks Project Manager to be paid from Park District 1 funds.
Councilmember Rupsis explained that Parks projects were lagging because the Parks employees either lacked the skills set needed to manage the projects or simply did not have the time. The planner was very good at planning the project and its amenities, but a project manager was needed to herd the projects forward to their completion and improve communications with the community.
Council and staff discussed other possible positions already working for the City that could fill the role as Parks project manager. The Parks volunteer coordinator was pulled from his duties to help manage CDBG-funded projects, leaving volunteer opportunities unfulfilled. The added position was accounted for in the O&M budget but would affect the number of FTEs.
Vote: 8 - 3
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
Councilmember Pam Purinton, Ward IV, Via Zoom
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Denise Joy, Ward III
Amended Motion to Amend: I move to authorize $100,000 annually of existing PD1 funds into a reserve fund to establish a dedicated matching funds grant program for small parks projects and to direct staff to develop a policy to administer this fund.
Friendly Amendment by Mayor Cole to add: to direct staff to develop a policy to administer this fund.
Friendly Amendment by Councilmember Boyett to delete "annually" from the motion.
Councilmember Rupsis indicated such a grant program would engage the Partners for Parks to cultivate relationships with private donors, basically doubling their money to contribute to the parks and their amenities.
Council discussed whether it would be necessary to renew of the program annually, if it was successful.
Councilmember Neese voiced caution about private donors directing the Parks and concerns about application rules.
Councilmember Joy mentioned Friends of the Dog Parks who have fund-raised for many years and the City has not been able to help move projects forward and the same for Landon's Legacy for the Poly Vista Park's Miracle baseball field.
Councilmember Owen clarified that the grant program was to encourage neighborhood engagement and contributions to small park projects in their neighborhoods. She stated she would oppose the amendment because there was a larger funding strategy for PD1, but offered her assistance to work with Councilmember Rupsis under that funding strategy.
Vote: 9 - 2
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
Moved by Councilmember Tom Rupsis, Ward V
Seconded by Councilmember Denise Joy, Ward III
Motion to Amend: I move to restore the $336,000 in capital budget cuts under PD1, restoring the PD1 assessment to its full amount; and to offset the PD1 increase, delay the $300,000 project for engineering on 36th St. W. until FY24 and reduce the street maintenance district assessment by the same amount.
Councilmember Rupsis stated the motion had a net-zero impact to property owners with the shifting of assessments. Highland Park was located in a vulnerable area of town and needed a new playground. It was on the CIP, but was not making much progress. The street improvement project could be waived an additional year.
Council and staff discussed possible safety issues if the street improvements were not made to the gravel street in FY23. Most of the cost of the improvements would be on the City as none of the residences along the street were addressed to the collector street; 35th St. W. was currently serving as a collector street. By lower $336,000 from the street maintenance district fund, the City was losing buying power, not just delaying a project.
Councilmember Joy spoke in favor of motion.
Councilmember Purinton clarified that Highland Park was in the CIP and stated she would not support the motion because she infrastructure needs was a priority.
Vote: 9 - 2
- NO:
-
Councilmember Pam Purinton, Ward IV, Via Zoom
Councilmember Mike Boyett, Ward V
Moved by Councilmember Danny Chorki, Ward III
Seconded by Councilmember Denise Joy, Ward III
Motion to Amend: I moved to increase the Council Contingency Fund to $50,000.
Councilmember Choriki stated the Councilmembers were more active than Councils in the past and needed access to funds quickly for projects like polling, consultants, etc. to help Council legislate effectively.
Council discussed that the additional funds would be drawn from the General Fund; that there were no contingency funds in the Administration budget or any other budget; how to use the extra funds; and whether to eliminate the Council Contingency Fund altogether.
Vote: 3 - 8
- NO:
-
Councilmember Ed Gulick, Ward I
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
Councilmember Daniel Tidswell, Ward IV
Councilmember Pam Purinton, Ward IV, Via Zoom
Councilmember Mike Boyett, Ward V
Councilmember Tom Rupsis, Ward V
Mayor William Cole
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV, Via Zoom
Substitute Motion: I moved to eliminate the Council Contingency Fund for FY23. FAILED
Councilmember Neese stated an initiative, followed by a budget amendment, could be done for any project Council deemed necessary.
Mayor Cole spoke against the substitute motion because if no funds were earmarked for Council, another department would acquire the funds.
Councilmember Rupsis voiced his opposition for both the substitute motion and the original motion, agreeing with Councilmember Neese's statement and the Mayor's statement.
Vote: 5 - 6
- 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
Mayor William Cole
Moved by Councilmember Jennifer Owen, Ward II
Seconded by Councilmember Roy Neese, Ward II
Amended Motion to Amend: I move to place $25,000 from the City Administration Operations and Maintenance (O&M) line item or FY22 General Fund carryover budget shall be used for the purpose of integrating Crime Prevention Through Environmental Design (CPTED) principles into the City operations.
Councilmember Owen indicated the monies could be taken from the Administration or HR training budgets, wherever it was deemed best. The funds would be used for training staff and the community on CPTED principles.
Council discussed other possible training opportunities with the Downtown Business Alliance and the effectiveness of CPTED principles in other communities.
Councilmember Choriki asked for a friendly amendment to make as a journal item with its own separate line item and not take from Administration O&M as its budget was stressed enough with the impending move to the Stillwater Building.
City Administrator, Chris Kukulski, offered his concern about reducing the Administration budget, but was fully supportive of implementing CPTED principles throughout the City. He suggested adding $25,000 from reserves.
Councilmember Owen was not in favor of increasing governmental spending, but would rather reallocate funds from an under-utilized area of the budget. Andy Zoeller, Finance Director, suggested using Council Contingency Funds.
Councilmember Neese supported expansion of the CPTED principles and offered to make an initiative, followed with a budget amendment if necessary.
Councilmember Owen amended her motion.
Councilmember Boyett called the question. UNANIMOUSLY APPROVED.
Vote: 10 - 1
- NO:
-
Councilmember Denise Joy, Ward III
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV, Via Zoom
Motion: I move to eliminate "pay to throw" Pay-T program in Public Works - Solid Waste portion of the budget.
Councilmember Neese voiced his concern that forced conservation does not work, and the program would hit the young and most impoverished demographics the hardest. That would lead to trash being dumped elsewhere or just left on the streets.
Council and staff discussed that the future implementation of Pay-T program was the only change made to the budget, and it had not been implemented yet. A cost analysis would be done internally later in the year if the Council determined staff should move toward the Pay-T program.
Councilmember Joy spoke against the motion and quoted former Councilmember Friedel as noting this was a great way to make the landfill sustainable and provided the history of the Council discussions. She noted it created equity between those that threw very little away and those that threw a lot of garbage away.
Councilmember Shaw spoke again the motion and in favor of the Pay-T program.
Councilmember Owen voiced support for the motion and spoke against burdensome systems.
Vote: 5 - 6
- 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
Mayor William Cole
Moved by Councilmember Roy Neese, Ward II
Seconded by
Motion: I move to place $1 million of Operations and Maintenance expenses (that was moved into PD1 some years ago) into the Parks General Fund. DIED FOR LACK OF A SECOND.
Moved by Councilmember Pam Purinton, Ward IV, Via Zoom
Seconded by Councilmember Roy Neese, Ward II
Motion: I move to include the amount of the "reserved" 20% of landfill fees outside of Billings landfill improvements, so Council is kept abreast of that fund. WITHDRAWN
Councilmember Purinton mentioned that in FY26 there was $4 million in landfill projects noted in the CIP. She asked for clarification on how the collected monies are monitored and what the policy was to determine which projects took precedence over others. Jennifer Duray, Public Works Deputy Director, responded a resolution to designate the account and propose expenditures would be forthcoming. The monies would be held in a separate cash reserve account and that account would be reported in the CAFER. The resolution would contain the amendment in this motion if approved.
Councilmember Neese clarified that the fund would be identified in the CIP.
Councilmember Purinton withdrew her motion and Councilmember Neese withdrew his second. No votes were recorded.
Councilmember Owen voiced her frustration with adding administrative positions when the Public Safety Mill Levy was just passed without those positions and that on future budget passage nights that agendas allow more time for Council to focus on the budget and not be rushed.
Councilmember Neese agreed and indicated he would vote against the budget as a whole.
Councilmember Shaw spoke in favor of the underlying amended motion indicated the Grants Coordinator position should pay for itself within a year and leverage millions of dollars for the community in the future. Karla Stanton, Human Resources Director, was asked to speak to the new position in the HR budget. Ms. Stanton shared comparisons between Missoula's staffing and number of employees and Billings and voiced her concern about staff burnout.
Councilmember Choriki mentioned that staffing has been stagnant for some departments in a growing community, and he supported the additional 3 positions in the budget.
Councilmember Purinton spoke support for the 3 additional positions, but was not supportive of all 15 FTEs. She acknowledged some department budgets were very lean. She prioritized improvements to infrastructure and public safety and would not support the motion to approve the budget.
Councilmember Gulick voiced his support for the budget and added constituents did not express dissatisfaction with paying taxes. It was more about feeling safe in the community and the condition of parks.
Moved by Councilmember Jennifer Owen, Ward II
Seconded by Councilmember Mike Boyett, Ward V
Motion: I move to rearrange the remaining items on the Regular Agenda so Items 6 and 7, Tax Increment Financing Assistance requests, will be heard before the remaining Public Hearings and Resolutions, making them Items 3 and 4.
Vote: 11 - 0
Jim Tevlin, SBBURD Consultant, introduced a representative of Wentana, LLC, who spoke about their projects throughout Montana. He indicated the Wendy's Restaurant would be built next to Taco John's off of King Avenue East and would be known as the Wendbill location. A timeline was provided with an opening day expected in August 2022. Mr. Tevlin reviewed the TIF application analysis for the $2.4 million project and the proposed reimbursement for sidewalks, curbs and landscaping improvements.
Moved by Councilmember Danny Chorki, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
Motion: I move to approve the Tax Increment Financing Assistance from the SBBURD for qualified improvements to sidewalks, curbs and landscaping at 4610 King Avenue East to Wendbill (Wendy's Restaurant); for a maximum of $154,801, as recommended by the SBURA Board.
Councilmember Neese confirmed that some improvements were not in the public right-of-way, but rather were in the parking lot and interior of the property.
Councilmember Rupsis opposed the motion because it was not benefiting the TIF; the projects were underway and would move forward with or without TIF assistance; and it was not a good use of TIF funds.
Councilmember Gulick agreed with Councilmember Rupsis and would not support the motion.
Councilmember Shaw voiced her support and admitted Council had not given clear directions to the TIF boards on what should and should not be considered. She agreed with Councilmembers Rupsis and Gulick, but until changes were made to the policy, the request was valid.
Councilmember Choriki understood Councilmembers Rupsis and Gulick's points, but voiced his support of the motion and stressed the time to change policy was not during the application process.
Councilmember Joy supported the motion and noted a vacant lot did not provide much for taxes. The business pays taxes into the increment and provides jobs. The taxes would go toward supporting the new recreation center which is a public benefit.
Councilmember Neese agreed with Councilmember Joy and would support the motion.
Vote: 9 - 2
- NO:
-
Councilmember Ed Gulick, Ward I
Councilmember Tom Rupsis, Ward V
Moved by Councilmember Pam Purinton, Ward IV, Via Zoom
Seconded by Councilmember Ed Gulick, Ward I
Motion to Amend: I move to amend the amount of TIF assistance to include only curbs, gutters and sidewalks, and no landscaping for $76,911.
Jim Tevlin explained the process of considering each application by utilizing the City's current TIF policy and State statutes. The Wendbill representative reiterated that Council had set a precedent by approving past similar TIF assistance.
Councilmember Joy voiced opposition to the motion.
Councilmember Neese confirmed with the City Attorney that approval was discretionary and no precedent was set. He would not support the motion and encouraged Council to change the policy's eligible reimbursable improvements.
Councilmember Purinton spoke to her motion and stated the landscaping was required by the City, but provided less public benefit than the curbs, gutters and sidewalks.
Councilmember Choriki confirmed that curbs, sidewalks and gutters were also required by the City for the new development.
Vote: 2 - 9
- NO:
-
Councilmember Kendra Shaw, 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 Mike Boyett, Ward V
Councilmember Tom Rupsis, Ward V
Mayor William Cole
Jim Tevlin, SBBURD Consultant, introduced Scott Reiter, School District No. 2 Executive Director of Facilities. Mr. Reiter explained the project consisted of a new softball field, green space that could also provide a soccer field, along with many other improvements and added to the Riverside Middle School campus. He explained that the vacant land was a blighted area and was unsafe due to the occupants and drug paraphernalia located during clean up.
Mr. Tevlin explained the Board considered this project as a community enhancement and referred to the criteria in the TIF policy.
Moved by Councilmember Danny Chorki, Ward III
Seconded by Councilmember Kendra Shaw, Ward I
Motion: I move to approve the Tax Increment Financing Assistance from SBBURD to Billings School District #2 (Riverside Middle School grounds); up to a maximum of $100,000, as recommended by the SBURA Board.
Council asked for a breakdown in City, County and School District taxes. Council considered the amount of reimbursement requested compared to the size of the project and confirmed that the project would move forward with or without the TIF assistance.
Councilmember Neese voice opposition to the motion because the project did not add to the tax base.
Vote: 10 - 1
- NO:
-
Councilmember Roy Neese, Ward II
Monica Plecker, Planning Division Manager, explained this came before Council every other year and reviewed the recommended revisions to the Planning Department's fees. She made fee comparisons with other larger cities in Montana and provided the recommendations from previous Councils. The Engineering Division's fees were adjusted according to costs of services and full cost recovery. She noted a correction needed to be made to the Minor Adjustments line item as the existing fee - $309; FY23 Fee - $318; and FY Fee - $328. The only new fee was for Short Term Rentals. With the proposed changes, the Planning Department was estimated to receive $40,000 in new revenues in FY23 and the Engineering Division - $13,500. She emphasized that when fees did not meet the cost of services for applications, then it skimmed off the budget and affected other projects.
Council and staff discussed reactionary revenues and staffing needs.
There was no public testimony given.
Moved by Councilmember Ed Gulick, Ward I
Seconded by Councilmember Daniel Tidswell, Ward IV
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution establishing and revising Planning and Engineering Divisions' fees for FY23-24, as corrected, as recommended by staff.
Vote: 11 - 0
Jennifer Duray, Public Works Deputy Director, reviewed the proposed overall 9% increase to right-of-way fees. Consideration of these fees are brought before Council every two years.
Council and staff discussed whether to continue charging other governmental agencies; that the 9% increase was largely due to increased fuel charges; and whether to consider adjustments annually rather than every two years.
There was no public hearing testimony given.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Daniel Tidswell, Ward IV
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution approving and adopting Public Works right-of-way fees for FY23-FY24, as recommended by staff.
Vote: 11 - 0
Andy Zoeller, Finance Director, presented and reviewed the proposed assessments for each.
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Ed Gulick, Ward I
Amended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution setting assessments on the BID, TBID, Mill Levy Rates for General Fund, Transit, Library and Public Safety, as recommended by staff.
Councilmember Neese confirmed with the City Attorney, Gina Dahl, that the mill levy rates for the General Fund could be separated from the motion for a separate vote.
Councilmembers Shaw and Gulick agreed to a friendly amendment to separate the General Fund mill levy rates from the motion.
Vote: 11 - 0
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Tom Rupsis, Ward V
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution setting assessments on the Mill Levy Rates for the General Fund, as recommended by staff.
Councilmember Neese indicated he would not support the motion as he did not support the passage of the budget and mentioned the recent successful passage of the Public Safety Mill Levy. He encouraged staff to find ways to reduce increases to the General Fund mills.
Councilmember Joy supported the motion and mentioned it was based on the quality of services Billings wished to provide.
Vote: 9 - 2
- NO:
-
Councilmember Roy Neese, Ward II
Councilmember Pam Purinton, Ward IV, Via Zoom
Andy Zoeller, Finance Director, presented and reviewed the proposed assessments.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Mike Boyett, Ward V
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolution setting assessments for Road Maintenance District 6, as recommended by staff.
Vote: 11 - 0
Jennifer Duray, Public Works Deputy Director, presented and reminded Council of stormwater challenges, including limited equipment, understaffing and the affects of inflation. Approximately $140 million in infrastructure deficiencies exist and cannot handle basic storms. Only about $2.2 million per year is available for capital projects. The proposed increase (6%) is below the Construction Cost Index (CCI) (8.9%), increasing the annual average residential rate by $3.20. She provided annual storm fee comparisons with other Montana cities and regional cities, indicating Billings had the lowest fees for the largest Montana city.
There was no public hearing testimony given.
Council and staff discussed increases to impact fees for connecting to the City's existing infrastructure.
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Ed Gulick, Ward I
Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Resolutions setting assessments on Storm Sewer; as recommended by staff.
Vote: 11 - 0
There was no public comment given.
- There were no Council initiatives, but Councilmember Choriki mentioned he would work on the budget timeline process for next year, including creating a preliminary review of proposed amendments. He encouraged other Councilmembers to forward to him their suggestions.
| CITY OF BILLINGS | ||
| ATTEST: |  |
BY:  William A. Cole, Mayor |
BY:  Denise R. Bohlman, City Clerk |
||