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
- June 13, 2022
Moved by Councilmember Denise Joy, Ward III
Seconded by Councilmember Mike Boyett, Ward V
APPROVED 10 - 0
- June 27, 2022 - Pending
- There were no Courtesies.
- There were no Proclamations.
- 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.
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Mike Boyett, Ward V
APPROVED 10 - 0
Moved by Councilmember Mike Boyett, Ward V
Seconded by Councilmember Roy Neese, Ward II
APPROVED 10 - 0
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 speakers for public comment.
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
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
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
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
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
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
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
Moved by Councilmember Kendra Shaw, Ward I
Seconded by Councilmember Tom Rupsis, Ward V
| 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
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
REGULAR AGENDA:
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.
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
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
Moved by Councilmember Roy Neese, Ward II
Seconded by Councilmember Pam Purinton, Ward IV
APPROVED 10 - 0
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.
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
Chris Kukulski, City Administrator, indicated there was no presentation but staff was available for questions.
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.
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
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.
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
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
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
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
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 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
- There were no speakers for public comment.
- There were no Council Initiatives.
| CITY OF BILLINGS | ||
| ATTEST: | ![]() |
BY: William A. Cole, Mayor |
BY: Denise R. Bohlman, City Clerk |
||
