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VISION STATEMENT:
“The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds.”
 
 
  CITY COUNCIL
REGULAR BUSINESS MEETING
   
  AGENDA       
 
 
COUNCIL CHAMBERS October 25, 2021           5:30 P.M.
 
             
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Boyett
 
ROLL CALL: Councilmembers present on roll call were: Shaw, Yakawich, Neese, Ewalt, Joy,            Choriki, Purinton, Ronning, Boyett, Brown
 
MINUTES:
  • September 27, 2021
  • October 11, 2021 (Pending)
 
COURTESIES:
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1 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.)
 
1.   CONSENT AGENDA -- Separations:
 
A.   Bid Awards:
 
1.   95-gallon residential refuse carts. (Opened 9/21/21) Recommend Schedule I and Schedule II: 95-gallon black trash carts and 95-gallon green yard waste carts; Toter, LLC, $1,210,680.64. Click to View
 
B.   Professional Services Contract for W.O. 22-11: Staples Reservoir Evaluation/Design; HDR Engineering, Inc.; $174,400. Click to View
 
C.   Recommendation of approval to the Policy Coordinating Committee for Amendment II of the Draft 2020-2024 Transportation Improvement Program (TIP). Click to View
 
D.   Reallocate East Billings Urban Renewal District (EBURD) TIF Funds for Project Green Light CPTED Program. Click to View
 
E.   Sale of 14.7 acres of Airport land to NorthWestern Energy (NWE) for use as a substation location; $223,000. Click to View
 
F.   Preliminary Subsequent Major Plat of High Sierra Subdivision, 17th Filing located north of Matador Avenue and west of Entrada Road; High Sierra II, Inc., owner; Sanderson Stewart, agent.  * Quasi-Judicial Click to View
 
G.   Preliminary Subsequent Major Plat of High Sierra Subdivision, 18th Filing located north of Matador Avenue and west of Entrada Road; High Sierra II, Inc., owner; Sanderson Stewart, agent.  * Quasi-Judicial Click to View
 
H.   Preliminary Subsequent Major Plat of High Sierra Subdivision, 19th Filing located west of Entrada Road and east of Matador Avenue; High Sierra II, Inc., owner; Sanderson Stewart, agent.  * Quasi-Judicial Click to View
 
I.   Preliminary Subsequent Major Plat of High Sierra Subdivision, 20th Filing located north of Ortega Street and west of Matador Avenue; High Sierra II, Inc., owner; Sanderson Stewart, agent.  * Quasi-Judicial Click to View
 
J.   Final Plat of Yellowstone Landing Commercial Park Subdivision. * Quasi-Judicial Click to View
 
K.   Resolution of Intent to partner with Yellowstone County and the State of Montana for Violent Crime Reduction Partnership. Click to View
 
L.   Bills for the Weeks of:
 
1.   September 20, 2021 Click to View
 
2.   September 27, 2021 Click to View
 
  Recommended Motion: I move to approve the items of the Consent Agenda as submitted, with the exception of items moved for separation.
 
REGULAR AGENDA:
 
2.   PUBLIC HEARING AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION to HAB: Off The Streets property to repair the current boiler, install new heating/air conditioning units, and to make necessary repairs to damaged units; $450,000. Community Development Board recommends approval. (Action: approval or disapproval of Community Development Board recommendation.)
  • Presented by:  Wyeth Friday, Planning Director

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve the Community Development Block Grant funding allocation to HAB: Off The Streets property, as recommended by the Community Development Board.  
Click to View
 
3.   PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 999: a zone change from Corridor Mixed Use 1 (CMU1) to Corridor Mixed Use 2 (CMU2) located at 733 S. 31st St. W. just north of the Mercedes Benz car dealership on King Avenue West. Patricia Harvey, owner; WWC Engineering, agent. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.)* Quasi-Judicial
  • Presented by: Nicole Cromwell, Zoning Coordinator

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 999 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
Click to View
 
4.   PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1000: a zone change from Mid Century Neighborhoods (N-2) to Neighborhood Office (NO) located at 436 Wicks Lane. Laighton D. Jones, DMD, owner; Performance Engineering, agent. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.) * Quasi-Judicial
  • Presented by: Karen Husman, Planner I




Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1000 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.

 
Click to View
 
5.   PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 1001: Text amendment to Section 27-1000, 27-1005, 27-1006, 27-1400, 27-1803, related to the regulation of marijuana businesses and to include several recommended amendments by the Zoning Commission to the original draft including a reduction -in the separation distances from dispensaries to protected uses, allowing dispensaries in two more zoning districts, and adding language to ensure there is no waiver of the required separation distances. Zoning Commission recommends approval. (Action: approval or disapproval of Zoning Commission recommendation.)
* Quasi-Judicial
  • Presented by: Nicole Cromwell, Zoning Coordinator

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve Zone Change 1001 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.  
Click to View
 
6.   PUBLIC HEARING AND FIRST READING ORDINANCE regulating marijuana and marijuana businesses. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 
  • Presented by: Karen Tracy, Assistant City Attorney

Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the Ordinance regulating marijuana and marijuana businesses, as recommended by staff. 
Click to View
 
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.)
 
COUNCIL INITIATIVES:
 
ADJOURN:
 
 
Council Chambers are readily accessible to individuals with physical disabilities.

For more information or to make requests for special arrangements, please contact the City Clerk’s Office at 657-8210 or e-mail
bohlmand@billingsmt.gov, 72 hours prior to the meeting date.
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* Quasi-Judicial Caution must be exercised concerning any potential ex parte communications with interested parties. This policy-making body may exercise approval or other adjudication authority which is "judicial" because it directly affects the legal rights of a person.

    

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