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VISION STATEMENT:
“The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds.”
 
 
  REVISED to add Item O, Resolution to Apply for ARPA State Competitive Grants
CITY COUNCIL
REGULAR BUSINESS MEETING
   
  AGENDA       
 
 
COUNCIL CHAMBERS July 12, 2021           5:30 P.M.
 
             
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Yakawich
 
ROLL CALL: Councilmembers present on roll call were: Shaw, Yakawich, Neese, Ewalt, Joy, 
Choriki, Purinton, Ronning, Boyett, Brown
 
MINUTES: June 28, 2021
 
COURTESIES:
 
PROCLAMATIONS: Parks and Recreation Month 
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1, 12, and 13 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.   Billings Public Library Hail Repairs. (Opened 6/29/21) Recommend not awarding the bid.  Click to View
 
B.   Change Order No. 1, W.O. 20-23: Solid Waste Container Storage Facility, K2 Civil; $167,875. Click to View
 
C.   Compensation Agreement with Messinger Company, LLC. Click to View
 
D.   Landfill Agreement with Yellowstone County; $283,540. Click to View
 
E.   Amendment No. 1 to 2021 Unified Planning Work Program (UPWP) and authorizing Mayor Cole to give a positive recommendation to PCC.  Click to View
 
F.   Amendment No. 1, Automobile Rental Concession and Lease Agreements, (1) Overland West, Inc., DBA Hertz Rent A Car, (2) Enterprise RAC Company of Montana/Wyoming, LLC DBA Enterprise Rent A Car, (3) Larson Enterprises, Inc. DBA Avis Rent A Car and Blackfoot Rentals Inc. DBA Budget Rent A Car, (4) Enterprise RAC Company of Montana/Wyoming, LLC DBA Alamo Rent A Car and National Car Rental, and (5) Overland West, Inc. DBA Thrifty Car Rental and Dollar Car Rental.  Click to View
 
G.   Purchase playground equipment for Lillis Park from Northwest Playgrounds; $199,772.87. Click to View
 
H.   Purchase playground equipment for Terry Park from Dakota Playgrounds; $189,702. Click to View
 
I.   Acknowledge receipt of petition to vacate a portion of the alley right of way adjacent to Lots 13 and 14, Block 5, of the Original Town of Billings, and set a public hearing for August 9, 2021. Click to View
 
J.   Resolution adopting the Center for Public Safety Management Fire Operational and Administrative Analysis. Click to View
 
K.   Resolution adopting the Center for Public Safety Management Police Operational and Data Analysis. Click to View
 
L.   Resolution declaring an emergency and authorizing payment for W.O. 21-40: Bank Stabilization near Park Place.   Click to View
 
M.   Resolution relating to $3,040,000 pooled Special Improvement District bonds, Series 2021A and 2021B (SID 1416, SID 1417 and SID 1418); fixing the form and details and providing for the execution, delivery and security. Click to View
 
N.   Bond Resolution for the sale of sidewalk bonds for W.O. 20-12. Click to View
 
O.   Resolution authorizing staff to apply for American Rescue Plan Act (ARPA) State competitive grants. Click to View
 
P.   Bills for the Weeks of:
 
1.   June 7, 2021 Click to View
 
2.   June 14, 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 RESOLUTION approving and adopting FY2021 budget amendments. 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 moved to approve and adopt the FY2021 budget amendments, as recommended by staff.
Click to View
 
3.   PUBLIC HEARING AND SECOND/FINAL READING ORDINANCE FOR ZONE CHANGE 992: A zone change from N3 - Suburban Neighborhood to N2 - Mid-Century Neighborhood located at 117 and 119 Glenhaven Drive. Eric Schnelbach, owner/applicant. Zoning Commission recommends approval and adoption of the findings of the 10 criteria. (Action: approval or disapproval of Zoning Commission recommendation.) *Quasi-Judicial
  • Presented by: Karen Husman, Planner

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve and adopt the findings of the 10 criteria for Zone Change 992, 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
 
4.   PUBLIC HEARING AND RESOLUTION for Annexation 21-03: a parcel located north of King Avenue East and east of Jackson Street. Jason D. Adkins, 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 21-03, 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
 
a.   DEVELOPMENT AGREEMENT with Jason D. Adkins for Tract B-2, Certificate of Survey No. 2367 M. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Recommended Motion: I move to approve the Development Agreement with Jason D. Adkins, as recommended by staff. 
Click to View
 
5.   PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward I to include recently annexed property in Annexation 21-03: a parcel located north of King Avenue East and east of Jackson Street, legally described as Tract B-2, of Amended Tract B of Certificate of Survey No. 2367 M, totaling approximately 3.574 gross and 3.522 net acres. Jason D. Adkins, 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
 
6.   PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 21-04: a parcel located at 3508 South Frontage. Torgerson's Real Estate Holdings, 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 21-04, 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
 
a.   DEVELOPMENT AGREEMENT with Torgerson's Real Estate Holdings, LLC for Lots 2 and 3, Certificate of Survey 2394. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Recommended Motion: I move to approve the Development Agreement with Torgerson's Real Estate Holdings, LLC, as recommended by staff. 
Click to View
 
7.   PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward III to include recently annexed property in Annexation 21-04: a parcel located south of the South Frontage Road and north of the City-County Drain, legally described as Fractions of Government Lots 2 and 3, Section 15, T.1S., R.26E., P.M.M., totally approximately 35.94 acres. Torgerson's Real Estate Holdings, 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 III, as recommended by staff.
Click to View
 
8.   PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 21-05: a parcel located at 6014 South Billings Boulevard. 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 21-05, 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
 
9.   PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward III to include recently annexed property in Annexation 21-05: a parcel located at 6014 South Billings Boulevard; legally described as a tract of land situated in the SE 1/4 of Section 17, and the NW1/4 and the SW 1/4 of Section 16, T.1S., R.26E, P.M.M. totally approximately 22.90 gross acres. 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 III, as recommended by staff.
Click to View
 
10.   PUBLIC HEARING AND FIRST READING ORDINANCE FOR ZONE CHANGE 993: a zone change from A - Agriculture to CX - Heavy Commercial generally located at 3508 South Frontage Road; a zone change from RR1 - Rural Residential 1 to NX1 - Mixed Residential 1 and N2 - Mid-Century Neighborhood generally located on Jackson Street; a zone change from A - Agriculture to P2 - Public 2 generally located at 6014 South Billings Boulevard. Zoning Commission recommends approval and adoption of the 10 criteria. (Action: approval or disapproval of the Zoning Commission recommendation.) * Quasi-Judicial
  • Presented by: Wyeth Friday, Planning Director 

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve and adopt the findings of the 10 criteria for Zone Change 993, 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
 
11.   PUBLIC HEARING AND FIRST READING ORDINANCE to expand the boundaries of the South Billings Boulevard Urban Renewal District (SBBURD) and adopt a modified Urban Renewal Plan. Staff recommends approval. (Action: approval or disapproval of staff 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 First Reading Ordinance expanding the boundaries of the South Billings Boulevard Urban Renewal District (SBBURD) and adopting a modified Urban Renewal Plan, as recommended by staff.
Click to View
 
12.   TAX INCREMENT FINANCE ASSISTANCE from Downtown Urban Renewal District to Monte Bar and Casino for renovation at 2824 1st Avenue North; $113,997. Downtown Billings Partnership Board (DBP) 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 Tax Increment Finance Assistance from Downtown Urban Renewal District to Monte Bar and Casino for renovation at 2824 1st Avenue North; in the amount of $113,997, as recommended by DBP Board.
Click to View
 
13.   BUY/SELL AGREEMENT to purchase the Stillwater Building located at 316 N. 26th Street for $17 Million. Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 
  • Presented by: Jessica Iverson, Facilities Manager 

Recommended Motion: I move to approve the Buy/Sell Agreement to purchase the Stillwater Building located at 316 N. 26th Street for $17 million, 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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