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**ATTENTION**
Due to the COVID-19 health concerns, the format of the City Council meeting will be held in a virtual videoconferencing environment. Councilmembers will attend the meeting via a remote location, using a virtual meeting method. City Hall and the Council Chambers will be closed during the meeting. In order to honor the Right of Participation and the Right to Know in Article II, sections 8 and 9, of the Montana Constitution, the City of Billings and City Council are making every effort to meet the requirements of the open meeting laws.

Citizens are invited to:
  •  Review the Agenda Packet on the City’s website at: https://ci.billings.mt.us/117/Agendas-Minutes
  • View the meeting:
    • On Community 7 TV - Channel 7 or Channel 507 – Spectrum Cable
    • On evenings when there is a conflict with School District No. 2 Board meetings, the City Council meeting will be broadcast on Channel 8 - Spectrum Cable.
    • Online at www.comm7tv.com and click on the “Watch Live” icon. Community 7 also has links to their Facebook page and YouTube channel in which to view the meeting. 
    • On the City's website at https://ci.billings.mt.us and click on "Watch Meetings Online".

Citizens may submit public comment via the following methods:
  • Mail: City Clerk, P. O. Box 1178, Billings, MT 59103
  • Email: https://ci.billings.mt.us/1538/City-Council-E-mail-Messages.
    • Emails received after 3:00 PM on the day of the meeting, may be posted on the Council's webpage the following day for public viewing.
  • Call in during the Public Comment periods as indicated on the agenda:
    • Citizens may call in during specific Public Comment periods at 406.237.6196. All callers will be placed in a queued system and are asked to remain on hold and be patient. Calls will be taken in the order in which they are received. Callers will be limited to 3 minutes of testimony as is customary.

Future delivery methods may be explored as best practice is learned.

Please contact Denise Bohlman, City Clerk, bohlmand@billingsmt.gov, with any questions.


 
VISION STATEMENT:
“The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds.”
 
 
  CITY COUNCIL
REGULAR BUSINESS MEETING
   
  AGENDA                        
 
 
Council Chambers are Closed.
The meeting will be held remotely via
virtual meeting room. Please see
coversheet for details and instructions
for viewing and participation.
February 22, 2021                          5:30 P.M.
 
             
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Neese
 
ROLL CALL: Councilmembers present on roll call were: Shaw, Yakawich, Neese, Ewalt, Joy, Choriki, Purinton, Ronning, Boyett, Brown
 
COVID-19 Update by Joint Information Center - Melanie Schwarz, BSED
 
MINUTES: February 8, 2021
 
COURTESIES:
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1, 5 and 9 ONLY. Speaker sign-in required. (Comments are limited to three (3) minutes or as set by the Mayor. During COVID-19, the method to take and hear public comment has changed. Individuals wishing to give public comment will call a dedicated phone line (237.6196) and held in queue until it is their turn to comment. 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.   2021 Fire Station No. 4 Roof and Siding Replacement Project. (Opened 2/9/21) Recommend rejecting all bids. Click to View
 
2.   Airport Conduit and Fiber Optic Installation Project. (Opened 2/9/21) Recommend rejecting all bids. Click to View
 
3.   Billings Landfill Live-Floor Trailers. (Opened 2/9/21) Recommend Motor Power Equipment; $462,642. Click to View
 
B.   Change Order No. 1, additional fire truck to replace unit 4049, Pierce Manufacturing Inc.; $638,777. Click to View
 
C.   Change Order No. 4, W.O. 18-22: Leavens Reservoir Waterline and Improvements, Western Municipal Construction, Inc.; not to exceed $146,024.30. Click to View
 
D.   Amendment No. 26, Morrison-Maierle, Inc. for Engineering Services for the Reconstruction of the Airport Commercial Aircraft Ramps; $250,768. Click to View
 
E.   Annual Acceptance of Federal Aviation Administration Airport Improvement Program Grants for 2021. Click to View
 
F.   Recommendation of Approval to the Policy Coordinating Committee (PCC) for the Billings Bike and Scooter Share Feasibility Study. Click to View
 
G.   Donation to Fire Department of four (4) Traeger Pro Series wood pellet smokers for general use; $2,796. Click to View
 
H.   Preliminary Minor Plat of Amended Lot 6, Block 19, Lake Hills Subdivision, 38th Filing, generally located on the west side of Clubhouse Way where it intersects with Boca Raton Road; Yellowstone Property Solutions, LLC, owner; Performance Engineering, agent. Click to View
 
I.   Final Minor Plat of Amended Lots 8 and 9, Block 51, Lake Hills Subdivision, 21st Filing. Click to View
 
J.   Final Major Plat of Annafeld Subdivision, 3rd Filing. Click to View
 
K.   Resolution of Intent to create SID 1416 Gleneagles Boulevard improvements and setting a public hearing for March 22, 2021. Click to View
 
L.   Second/Final Reading Ordinance approving and adopting Article 26-800, Billings, Montana City Code (BMCC), Dental Amalgam Management Rule. Click to View
 
M.   Bills for the Weeks of:
 
1.    January 18, 2021 Click to View
 
2.   January 25, 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 to provide the community an opportunity to comment on the low-income housing communities of Brush Meadow Apartments, Edgewood Apartments and Shiloh Glen, as required under Section 15-6-221(2), MCA. No action by City Council is necessary.
  • Presented by: Betsy Schanno, Asset Manager, 11 Capital
Click to View
 
3.   PUBLIC HEARING AND RESOLUTION assessing the weed abatements. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  • Presented by: Andy Zoeller, Finance Director

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a Resolution assessing the weed abatements, as recommended by staff.
Click to View
 
4.   PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 20-05: a property located north of Highway 3 and both East and West of AJ Way. Aviation Properties, LLC, petitioner. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.) * Quasi-Judicial
  •  Presented by: Monica Plecker, Planning Division Manager

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 20-05, as recommended by staff.

* 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.
Click to View
 
5.   DEVELOPMENT AGREEMENT with Aviation Properties, LLC, for infrastructure improvements on COS 2037 and COS 1889, Tracts 1A and 1B, north of Highway 3 and west of the airport. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  • Presented by: Chris Hertz, Staff Engineer

Recommended Motion: I move to approve the development agreement with Aviation Properties, LLC, as recommended by staff.
Click to View
 
6.   PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward I to include recently annexed property in Annexation 20-05: a parcel located north of Highway 3 and both East and West of AJ Way; legally described as Tracts 1A and 1B, Certificate of Survey 1889 Amended, totaling approximately 49.34 gross and 45.972 net acres. Aviation Properties LLC, petitioner. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  •  Presented by: Monica Plecker, Planning Division Manager

Recommended 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 I, as recommended by staff.
Click to View
 
7.   PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 987: a zone change from Agricultural (A) to Highway Commercial (HC/CX) on Tracts 1A and 1B of COS 1889, located east of Billings Flying Service at 3655 AJ Way. Aviation Properties, LLC, owner; Collaborative Design Architects, 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 987 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.

* 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.
Click to View
 
8.   PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 21-01: a property located at the northeast corner of Hawthorne Lane. BCJM, LLC, petitioner. Staff recommends conditional approval. (Action: approval or disapproval of staff recommendation.) * Quasi-Judicial
  •  Presented by: Monica Plecker, Planning Division Manager

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to conditionally approve the Resolution approving Annexation 21-01, as recommended by staff.

* 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.
Click to View
 
9.   DEVELOPMENT AGREEMENT with BCJM Properties, LLC, for infrastructure improvements at COS 2317, 2nd Amended, Tract 2A-1, south of Mary Street and west of Bitterroot Drive. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  • Presented by: Chris Hertz, Staff Engineer

Recommended Motion: I move to approve the development agreement with BCJM Properties, LLC, as recommended by staff.
Click to View
 
10.   PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward II to include recently annexed property in Annexation 21-01: a parcel located at the northeast corner of Hawthorne Lane; legally described as the remainder of Tract 2A-1, Certificate of Survey No. 2317, 2nd amended, totaling approximately 16.741 gross and net acres. BCJM LLC, petitioner. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  •  Presented by: Monica Plecker, Planning Division Manager

Recommended 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 II, as recommended by staff.
Click to View
 
11.   PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 988: a zone change from Agricultural (A) to Residential-7000 (R-70) located at 2526 Hawthorne Lane. BCJM Properties, LLC, 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 a public hearing, considered written and spoken public testimony, I move to approve Zone Change 988 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.

* 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.
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 meetings may be viewed at any time by accessing Community 7 Television online at www.comm7tv.com and clicking on archived programs.

    

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