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Minutes for City Council Regular Business Meeting


MINUTES
OF THE BILLINGS CITY COUNCIL
REGULAR BUSINESS MEETING
July 11, 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. Mayor Cole called the meeting to order at 4:30 p.m. and served as the meeting’s presiding officer. He called for a recess at 4:31 p.m. to a Closed *Executive Session to discuss litigation strategy.

*Note: The Executive Session is closed for the sole purpose of discussing litigation strategy.The other parties to the case(s) discussed are not public bodies or associations as described in Section 2-3-203(1) and (2), MCA. The meeting is closed as allowed by Section 2-3-203(4)(a), MCA, "to discuss a strategy to be followed with respect to litigation when an open meeting would have a detrimental effect on the litigating position" of the City of Billings. 

Mayor Cole reconvened the meeting 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 Pam Purinton, Ward IV
  • Councilmember Mike Boyett, Ward V
  • Councilmember Tom Rupsis, Ward V
  • Mayor William Cole
Absent:
  • Councilmember Daniel Tidswell, Ward IV
Staff Present:
  • Chris Kukulski, City Administrator
  • Kevin Iffland, Assistant City Administrator
  • Gina Dahl, City Attorney
  • Toni Keehner, Deputy City Clerk
  • Mac Fogelson, City Engineer
  • Jennifer Duray, Public Works Deputy Director
  • Monica Plecker, Planning Division Manager
 
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Shaw
 
MINUTES:
  • June 13, 2022
 

Moved by Councilmember Denise Joy, Ward III 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
  • June 27, 2022 - Pending
 
COURTESIES:
  • There were no Courtesies.
 
PROCLAMATIONS:
  • There were no Proclamations.
 
COUNCIL REPORTS:
  • Councilmember Purinton spoke of her recent experience attending the Law and Justice Interim Committee and Criminal Justice Oversight Council in Helena.
 

ADMINISTRATOR REPORTS - CHRIS KUKULSKI
  • Consent Agenda Item 1L should be moved to Regular Agenda Item 4.
  • A Special Work Session would be held after the July 25, 2022, Regular Business meeting.
  • Encouraged everyone to take the Billings Community Survey.
 
Motion: I move to add a Public Comment period for Non-Agenda items after the Administrator's Report and before the Public Comment period on Non-Public Hearing items for up to 3 minutes or for a time appropriate as set by the Mayor.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
Motion: I make a motion to move Consent Agenda Item 1L to Regular Agenda Item 4.
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Roy Neese, Ward II 

APPROVED   10 - 0

 
PUBLIC COMMENT on NON-AGENDA ITEMS. (Added to the Agenda)

The following individuals spoke:
  • Catherine Card, 2815 4th Avenue South, Billings, MT, encouraged Council to speak up even when faced with contentious topics.
  • Katie Harrison, 2901 6th Avenue South, Billings, MT, spoke of a need for recycling and sustainability in the City.
There were no further speakers.
 
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1, 2a, 5b, 6 and 7 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: 1O - Councilmember Rupsis separated for discussion.
 
A.
Bid Awards:
 
1.
Castle Rock Park Playground Development. (Opened 6/21/22) Recommend 3 Bulls Contracting; $224,499.96.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
B.
Change Order No. 2, 2019 Hail Repair (Miscellaneous City Buildings), Finishing Touch Exteriors, Inc.; $1,062,978.53.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
C.
Professional Services Contract for W.O. 22-45: Willett and Christensen Pump Station Improvements with AE2S; $227,000.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
D.
Consultant Agreement for W.O. 23-01: 2023 Water Main Replacement with DOWL; $528,195.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
E.
Amendment No. 13, Terminal Concourse Expansion, Phases 3-5, Professional Services Agreement, Morrison-Maierle, Inc.; $1,041,038.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
F.
Purchase playground equipment for Comanche Park; $103,969.70.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
G.
Purchase pre-manufactured restroom at North Park; $209,410.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
H.
Memorandums of Understanding between the City of Billings and Billings Public Schools and Billings Catholic Schools for School Resource Officer Program; $383,991.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
I.
Memorandum of Understanding between the City of Billings and Downtown Billings Business Improvement District (BID); $254,451.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
J.
Naming Rights for baseball field at Poly Vista Park.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
K.
Donation to Parks and Recreation from Bob Smith Motors; $5,000 and Visit Billings; $1,000 for Landon's Miracle Field grand opening. 
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
M.
Right of Way Grants with Montana DRNC for W.O. 09-12: Northwest Billings Connector Project. 
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
N.
Billings Safe Routes to School Plan Update Recommendation to Policy Coordinating Committee (PCC).
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
O.
Resolution to establish a Landfill reserve for future capital expenses. TABLED UNTIL JULY 25, 2022

Councilmember Rupsis indicated he would not support this item and did not think there was any benefit to establishing a special process. Council discussed the terminology and how the money would be utilized. Jennifer Duray, Public Works Deputy Director, indicated staff was asking for reconsideration and explained how the money would be spent and the process of managing the funds. She gave an overview of the increases in landfill fees since Councilmember Ewalt had brought forth the initiative.

Council discussed the increase in fees and if the initiative was still necessary.

Mayor Cole indicated if the resolution was not approved, the previous initiative to segregate the dollars would "go away".

Amended Motion: I move to delete the word "expenses" from the draft resolution and substitute it with "future capital expansion projects". DIED FOR LACK OF SECOND
 

Moved by Councilmember Pam Purinton, Ward IV 

Seconded by 

Amended Motion: I move to delete the words "facilities and operations" from the draft resolution. 
 

Moved by Mayor William Cole 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   6 - 4

NO:
Councilmember Kendra Shaw, Ward I
Councilmember Ed Gulick, Ward I
Councilmember Denise Joy, Ward III
Councilmember Tom Rupsis, Ward V
Motion: I move to reject the resolution establishing a Landfill reserve for capital expenses.
 

Moved by Councilmember Kendra Shaw, Ward I 

Seconded by Councilmember Tom Rupsis, Ward V 

FAILED    5 - 5
NO: Councilmember Roy Neese, Ward II
  Councilmember Jennifer Owen, Ward II
  Councilmember Danny Choriki, Ward III
  Councilmember Pam Purinton, Ward IV
  Councilmember Mike Boyett, Ward V

Motion: I move to delay Item O until the next business meeting when we have a full Council.
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

 

Moved by 

Seconded by 

APPROVED   6 - 4

NO:
Councilmember Ed Gulick, Ward I
Councilmember Denise Joy, Ward III
Councilmember Danny Chorki, Ward III
Councilmember Tom Rupsis, Ward V
 
P.
Bills for the Weeks of:
 
1.
June 6, 2022
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 
2.
June 13, 2022
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   10 - 0

 

REGULAR AGENDA:
 
2.
PUBLIC HEARING AND RESOLUTION 22-11056 vacating portions of Rich Lane, Will Way, and Camp Lane rights of way. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)

Mac Fogelsong, City Engineer, gave an overview of the streets being vacated; the 3-step process and plans for the area.

Public testimony was given by: 
  • Greg Reid, WWC Engineering, answered questions about the project and indicated the number of single family homes would remain the same.
There was no further public testimony. 

Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the resolution vacating portions of Rich Lane, Will Way, and Camp Lane rights of way, as recommended by staff.
 

Moved by Councilmember Kendra Shaw, Ward I 

Seconded by Councilmember Pam Purinton, Ward IV 

APPROVED   10 - 0

 
a.
PRELIMINARY SUBSEQUENT MINOR PLAT of Amended Plat of Legacy Subdivision located west of 52nd Street West and east of Beringer Way, south of the Big Ditch; Doug Wild, owner; WWC Engineering, agent. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.) *Quasi-Judicial 

Mac Fogelsong, City Engineer, had no presentation, but was available for questions. 

Councilmember Gulick asked for clarification on the conditions of approval. Monica Plecker, Planning Division Manager reviewed the conditions. 

Motion: I move to conditionally approve the Preliminary Subsequent Minor Plat of Amended Plat of Legacy Subdivision, as recommended by staff. 
 

Moved by Councilmember Kendra Shaw, Ward I 

Seconded by Councilmember Pam Purinton, Ward IV 

Amended Motion: I move to include the following language recommended by the Legal Department: "This waiver is in addition to any other recorded waiver related to the property described herein and is not intended to replace, supersede, or invalidate any such waiver."
 

Moved by Councilmember Roy Neese, Ward II 

Seconded by Councilmember Pam Purinton, Ward IV 

APPROVED   10 - 0

 
3.
PUBLIC HEARING AND VARIANCE to site development ordinance from BMCC, Section 6-1208(h)(5) for one additional drive approach to the east side of Ditton Drive. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) *Quasi-Judicial

Mac Fogelsong, City Engineer, gave an overview of the Lake Hills Subdivision and the variance. He indicated there had been some neighborhood concerns which resulted in a court issue. He explained the court order and indicated the variance request was not in conflict. He reviewed the allowable curb cut variance and gave an overview of parking in the area.  Council discussed the terminology of the curb cut allowances, parking, traffic, home density, and site development requirements.

Monica Plecker, Planning Division Manager, explained zoning density and frontage allowances. 

Public testimony was given by:
  • John Cutler, 2417 Ditton Drive, Billings, MT, spoke in opposition of the variance.
  • Kent Richmond, 2420 Ditton Drive, Billings, MT, spoke in opposition of the variance.
  • Greg Reid, WWC Engineering, spoke about stormwater drainage, allowable curb cut variances and density on the development. He reviewed other developments in the City with comparable number of curb cuts.
There was no further public testimony.
 
Councilmember Owen spoke in opposition of the curb cut variance and indicated she had not heard any evidence to indicate an increase from 4 to 5 curb cuts would be in the public's interest. 
Motion: I move to reject the variance to site development ordinance BMCC, Section 6-1208(h)(5), as recommended by staff.
 

Moved by Councilmember Jennifer Owen, Ward II 

Seconded by Councilmember Roy Neese, Ward II 


Councilmember Choriki indicated he had family that lived in the area, but would not need to recuse himself. Council discussed the benefits of patio style housing and the benefits of additional houses being built.  

Substitute Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a variance to site development ordinance BMCC, Section 6-1208(h)(5), as recommended by staff.
 

Moved by Councilmember Tom Rupsis, Ward V 

Seconded by Councilmember Kendra Shaw, Ward I 

APPROVED   8 - 2

NO:
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
 
4.
STORMWATER AND SANITARY SEWER EASEMENTS with Canal Vista, LLC for maintenance in Lake Hills Subdivision. (Moved from Consent Agenda)

Chris Kukulski, City Administrator, indicated there was no presentation but staff was available for questions. 
 
Motion: I move to approve Stormwater and Sanitary Sewer Easements with Canal Vista, LLC, as recommended by staff.
 

Moved by Councilmember Kendra Shaw, Ward I 

Seconded by Councilmember Mike Boyett, Ward V 

APPROVED   9 - 1

NO:
Councilmember Roy Neese, Ward II
 

Recess at 7:40 pm. Reconvened at 7:49 pm.
 
5.
PUBLIC HEARING AND FIRST READING ORDINANCE amending Ordinance 21-5811, Zone Change 1015. 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.

Mayor Cole suggested the following language be included in the second final reading ordinance; "including ordinance 22-5811 approved on second reading June 13, 2022, which was intended to accomplish this zoning map amendment but included an incorrect legal description of the subject property referencing Emma Jean Heights Subdivision, 1st Filing instead of Emma Jean Subdivision, 2nd Filing."

There was no public testimony given.

Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve and amend Ordinance 21-5811, Zone Change 1015, with referenced language, on first reading, as recommended by staff.
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Pam Purinton, Ward IV 

APPROVED   10 - 0

 
6.
MCCALL DEVELOPMENT PROPERTY:
 
a.
PUBLIC HEARING AND RESOLUTION 22-11057 FOR ANNEXATION 22-06: a parcel located north of Elysian Road, south of Titan Avenue, and west of Mullowney Lane. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.) *Quasi-Judicial

Monica Plecker, Planning Division Manager, gave a presentation of area being annexed and the Annexation Policy Criteria. 

Public testimony was given by:
  • Brad McCall, developer, spoke of plans for the property and right of way to be given to the City. 
There was no further public testimony given.

Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve Annexation 22-06, as recommended by staff.
 

Moved by Councilmember Denise Joy, Ward III 

Seconded by Councilmember Roy Neese, Ward II 

APPROVED   10 - 0

 
b.
ANNEXATION AGREEMENT with McCall Properties, LLC and Brittany's Dream, LLC. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Monica Plecker, Planning Division Manager, had no presentation but was available for questions.

Motion: I move to approve the Annexation agreement with McCall Properties, LLC and Brittany's Dream, LLC, as recommended by staff. 
 

Moved by Councilmember Ed Gulick, Ward I 

Seconded by Councilmember Kendra Shaw, Ward I 

APPROVED   10 - 0

 
c.
PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward III to include recently annexed property in Annexation 22-06: a parcel located north of Elysian Road, south of Titan Avenue, and west of Mullowney Lane. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)

Monica Plecker, Planning Division Manager, had no 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 III, as recommended by staff.
 

Moved by Councilmember Denise Joy, Ward III 

Seconded by Councilmember Danny Chorki, Ward III 

APPROVED   10 - 0

 
7.
TAX INCREMENT FINANCING ASSISTANCE from Downtown Urban Renewal District for reimbursement of qualified improvements for renovations at 2520 First Avenue North to the Widmyer Corporation (Lincoln Apartments); up to a maximum of $250,000. Downtown Billings Partnership (DBP) Board recommends approval. (Action: approval or disapproval of DBP Board recommendation.)

Mehmet Casey, DBA Development Director, gave an overview of the property and the proposed renovations.

Council discussed the property, development plans and safety concerns. Steve Widmyer, spoke of the proposed plans for the property.

Motion: I move to approve the Tax Increment Financing Assistance Downtown Urban Renewal District for reimbursement of qualified improvements for renovations at 2520 First Avenue North to the Widmyer Corporation (Lincoln Apartments); up to a maximum of $250,000, as recommended by the DBP Board.
 

Moved by Councilmember Mike Boyett, Ward V 

Seconded by Councilmember Tom Rupsis, Ward V 

APPROVED   10 - 0

 
8.
TAX INCREMENT FINANCE ASSISTANCE from East Billings Urban Renewal District (EBURD) to J&S Properties for redevelopment of property at 1523 Montana Avenue; up to $622,195. Billings Industrial Renewal District (BIRD) Board recommends approval. (Action: approval or disapproval of the BIRD Board recommendation.

Zack Terakedis, BIRD Director, gave an overview via Zoom of the property and the proposed development plans. Council discussed the project, how the money would be utilized and how the redevelopment would affect jobs. 

Motion: I move to approve Tax Increment Finance Assistance from East Billings Urban Renewal District (EBURD) to J&S Properties for redevelopment of property at 1523 Montana Avenue; up to $622,195, as recommended by the BIRD Board.
 
Councilmember Owen spoke of concerns with low applicant equity. She indicated she did not see public benefit from the project and questioned if the BIRD had applied for the EPA's Brownfields funding. Mr. Terakedis indicated the BIRD had thoroughly reviewed the project and spoke of the need to get projects moving forward in order to revitalize the area. He explained the BIRD Board's priorities and indicated the EPA's Brownfields funding would take a long time and spoke of the need to move forward with projects in the area. 

Councilmember Choriki stated “It concerns me that we now have two new large users of our City’s water supply that are basically taking the City’s water and selling it to people outside of the City. I’m not concerned at this point, but I want us to keep an eye on this. Be thinking about whether or not we need to create a separate rate for people like the new Coca Cola bottling plant and Yellowstone Water.”

Councilmember Neese indicated the request for TIF funds was too large, and thought the project would have moved forward with less funding. 
 

Moved by Councilmember Kendra Shaw, Ward I 

Seconded by Councilmember Tom Rupsis, Ward V 

APPROVED   8 - 2

NO:
Councilmember Roy Neese, Ward II
Councilmember Jennifer Owen, Ward II
 
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: 9:13 pm
    CITY OF BILLINGS
ATTEST:            BY:
         William A. Cole, Mayor




BY:
          Denise R. Bohlman, City Clerk