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VISION STATEMENT:
“The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds.”
 
 
REVISED 11/05/21
Due to the election results of 11.02.2021, Second Reading Marijuana Ordinance
was revised and moved from the Consent Agenda to the Regular Agenda;
Regular Agenda Item 9 was added.

CITY COUNCIL
REGULAR BUSINESS MEETING
 
AGENDA   
    
 
COUNCIL CHAMBERS November 8, 2021   5:30 P.M.
 
             
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Mayor Cole
 
ROLL CALL: Councilmembers present on roll call were: Shaw, Yakawich, Neese, Ewalt, Joy, 
Choriki, Purinton, Ronning, Boyett, Brown
 
MINUTES:
  • October 11, 2021 (Pending)
  • October 25, 2021 (Pending)
 
COURTESIES:
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1, 5, 6, 7, 8 and 9 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.   Snow Hauling. (Opened 10/19/21) Recommend K2 Civil, Inc.; $175.00 per hour/truck and driver, not to exceed $160,000 per year. Click to View
 
2.   Truck Cabs and Chassis with Refuse Bodies. (Opened 9/21/21) Recommend Schedule I: Montana Peterbilt; $630,802; Schedule II: Western Systems & Fabrication; $181,841.04; and Schedule III:Peterbilt; $269,844. Click to View
 
3.   W.O. 20-01: Phase 2, Sanitary Sewer Interceptor Replacement. (Opened 10/19/21) Recommend Western Municipal Construction, Inc.; $4,035,345. Click to View
 
B.   Council Holiday Schedule. Click to View
 
C.   Purchase 72.77 acres of land north of the Airport for noise buffer from Alkali Timbers, LLC; $552,000. Click to View
 
D.   Agreement with Power Service of Montana for Transfer Pump H1;$99,270. Click to View
 
E.   Memorandum of Understanding between the City of Billings and Yellowstone County for the sharing of fiber infrastructure.  Click to View
 
F.   2021 Domestic Violence Grant, and authorization for the Police Chief to sign all required grant material; $52,603. Click to View
 
G.   Utility Easement with Northwestern Energy to allow installation of new underground electric cables at Rimrock West Park. Click to View
 
H.   Final Plat of Trails West Subdivision, 5th Filing.  * Quasi-Judicial Click to View
 
I.   Resolution to allow street painting in the EBURD and acceptance of grant award from Bloomberg Philanthropies for asphalt art; $25,000. Click to View
 
J.   Bills for the Weeks of:
 
1.   October 4, 2021 Click to View
 
2.   October 12, 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 SECOND/FINAL 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 two public hearings, considered written and spoken public testimony, I move to approve the second reading of Zone Change 999 and adopt the findings of the 10 criteria, as approved by City Council on October 25, 2021.
Click to View
 
3.   PUBLIC HEARING AND SECOND/FINAL 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: Nicole Cromwell, Zoning Coordinator

Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading of Zone Change 1000 and adopt the findings of the 10 criteria, as approved by City Council on October 25, 2021.
Click to View
 
4.   PUBLIC HEARING AND SECOND/FINAL 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.)
  • Presented by: Nicole Cromwell, Zoning Coordinator

Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading of Zone Change 1001 and adopt the findings of the 10 criteria, as approved by City Council on first reading October 25, 2021.
Click to View
 
5.   SECOND/FINAL 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 second reading Ordinance regulating marijuana and marijuana businesses, as approved by Council on first reading October 25, 2021.
Click to View
 
6.   TAX INCREMENT FINANCING ASSISTANCE from Downtown Urban Renewal District to DB 10, LLC for a mixed use project located at 14 North 29th Street; up to $320,000. Downtown Billings Partnership (DBP) Board recommends approval. (Action: approval or disapproval of DBP Board recommendation.)
  • Presented by: Wyeth Friday, Planning Director and Mehmet Casey, DBA Development Director

Recommended Motion: I move to approve the Tax Increment Financing Assistance from Downtown Urban Renewal District to DB 10, LLC for a mixed use project located at 14 North 29th Street; as recommended by the DBP Board.
Click to View
 
7.   TAX INCREMENT FINANCING ASSISTANCE from South Billings Boulevard Urban Renewal District (SBBURD) to GL Development, Inc. for improvements located at 510 Jackson Street; up to $547,305. SBURA Board recommends approval. (Action: approval or disapproval of SBURA Board recommendation.)
  • Presented by: Wyeth Friday, Planning Director and Jim Tevlin, SBBURD Consultant

Recommended Motion: I move to approve the Tax Increment Financing Assistance from SBBURD to GL Development, Inc. for improvements located at 510 Jackson Street, as recommended by the SBURA Board.
Click to View
 
8.   TAX INCREMENT FINANCING ASSISTANCE from South Billings Boulevard Urban Renewal District (SBBURD) to Ole Rentals, LLC (DBA Taco John's) for improvements located at 4720 King Avenue East; up to $123,898. SBURA Board recommends approval. (Action: approval or disapproval of SBURA Board recommendation.)
  • Presented by: Wyeth Friday, Planning Director and Jim Tevlin, SBBURD Consultant

Recommended Motion: I move to approve the Tax Increment Financing Assistance from SBBURD to Ole Rentals, LLC (DBA Taco John's) for improvements located at 4720 King Avenue East, up to $as recommended by the SBURA Board.
Click to View
 
9.   NOMINATION AND ELECTION OF DEPUTY MAYOR AND DEPUTY MAYOR PRO TEMPORE. Staff recommends City Council nominate and elect a Deputy Mayor and Deputy Mayor Pro Tempore. (Action: approval or disapproval of staff recommendation.) 
  • Presented by: Chris Kukulski, City Administrator

Recommended Motion: I move to nominate and elect, Councilmember XXXXX as Deputy Mayor and Councilmember XXXX as Deputy Mayor Pro Tempore. 
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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