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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 July 26, 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
 
MINUTES:
  • June 28, 2021
  • July 12, 2021
 
COURTESIES:
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 1, 2, 6, and 7 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: None
 
B.   Amendment No. 27, Airport West Hangar Development, Professional Engineering Services Agreement, Morrison-Maierle, Inc.; $121,144.  Click to View
 
C.   2021 Justice Assistance Grant (JAG) Application, Memorandum of Understanding (MOU) with Yellowstone County, and award to the City of Billings Police Department; $105,725. Click to View
 
D.   Recommendation of approval of the 5th Avenue North Corridor Feasibility Study to the Policy Coordinating Committee (PCC). Click to View
 
E.   Donations from various donors to the Billings Police Department; $26,500. Click to View
 
F.   Donation from Billings TrailNet as a match for the BUILD Grant to help construct the Skyline Trail; $85,000. Click to View
 
G.   Donation from Yellowstone County DUI Task Force for the Billings Police Department to fund overtime shifts for special DUI patrols; $4,000. Click to View
 
H.   Quit Claim Deed for Tract 7 of COS 550 from Kurt Haeker. Click to View
 
I.   Final Plat of Amended Lot 5, Block 1, Legacy Subdivision. Click to View
 
J.   Resolution to repeal the City of Billings' declaration of emergency due to the COVID-19 pandemic. Click to View
 
K.   Second/Final Reading Ordinance expanding Ward I (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. Click to View
 
L.   Second//Final Reading Ordinance expanding Ward III (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. Click to View
 
M.   Second/Final Reading Ordinance expanding Ward III (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. Click to View
 
N.   Second/Final Reading Ordinance expanding the boundaries of the South Billings Boulevard Urban Renewal District (SBBURD) and adopt a modified Urban Renewal Plan. Click to View
 
O.   Bills for the Weeks of:
 
1.   June 21, 2021 Click to View
 
2.   June 28, 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.   LETTER OF SUPPORT for Low-Income Housing Tax Credits for the proposed Tapestry Apartments. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  • Presented by: Chris Kukulski, City Administrator and Eric Basye, Executive Director of Community Leadership & Development, Inc. (CLDI)

Recommended Motion: I move to approve the Mayor signing a letter of support on behalf of the Billings City Council for a Low-Income Housing Tax Credits application for the proposed Tapestry Apartments, as recommended by staff.
Click to View
 
3.   PUBLIC HEARING AND SPECIAL REVIEW 990: a special review to relocate an existing all-beverage liquor license to operate a bar and casino for Town Pump, Inc. in the Olympic Park Planned Development zone with underlying zoning of Community Commercial (PD-CC) on a 6.196 acre parcel of land described as Lots 1B-1 to Lots 1B-5, Block 20, Olympic Park Subdivision, generally located on the vacant property on the northeast corner of the intersection of King Avenue West and Shiloh Road. Billings 13 RE, LLC, owners; Performance Engineering, Scott Aspenlieder, P.E., agent. Zoning Commission recommends conditional approval and adoption of the findings of the 3 criteria. (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 and adopt the findings of the 3 criteria for Special Review 990, 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 FIRST READING ORDINANCE amending Billings, Montana City Code (BMCC), Article 22-1000, Arterial Construction Fees. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  • Presented by: Jennifer Duray, Public Works Deputy Director

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve and amend Billings, Montana City Code (BMCC), Article 22-1000, on first reading, as recommended by staff.
Click to View
 
5.   PUBLIC HEARING AND SECOND/FINAL READING ORDINANCES 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 A - Agriculture to P2 - Public 2 generally located at 6014 South Billings Boulevard; and a zone change from RR1 - Rural Residential 1 to NX1 - Mixed Residential 1 and N2 - Mid-Century Neighborhood generally located on Jackson Street. 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 two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 993 and adopt the findings of the 10 criteria, a zone change from A - Agriculture to CX - Heavy Commercial generally located at 3508 South Frontage Road; a zone change from A - Agriculture to P2 - Public 2 generally located at 6014 South Billings Boulevard, as approved by the City Council on first reading July 12, 2021.

Recommended Motion: Having conducted two public hearings, considered written and spoken public testimony, I move to approve the second reading for Zone Change 993 and adopt the findings of the 10 criteria, a zone change from RR1 - Rural Residential 1 to NX1 - Mixed Residential 1 and N2 - Mid-Century Neighborhood generally located on Jackson Street, as approved by the City Council on first reading July 12, 2021.

* 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
 
6.   TAX INCREMENT FINANCE ASSISTANCE from East Billings Urban Renewal District (EBURD) to Empire Entrepreneurs, for asbestos abatement, demolition and clean-up at 1403 1st Avenue North, f/k/a Lazy KT motel; up to $94,740. Billings Industrial Renewal District (BIRD) Board recommends approval. (Action: approval or disapproval of the BIRD Board recommendation.)
  • Presented by: Wyeth Friday, Planning Director and Zack Terakedis, BIRD Director 

Recommended Motion: I move to approve Tax Increment Finance Assistance from East Billings Urban Renewal District (EBURD) to Empire Entrepreneurs, for asbestos abatement, demolition and clean-up at 1403 1st Avenue North, f/k/a Lazy KT motel; up to $94,740, as recommended by the BIRD Board.
Click to View
 
7.   TAX INCREMENT FINANCE ASSISTANCE from Downtown Urban Renewal District to Billings Community Foundation for renovation at 404 North 30th Street; $181,774. 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 Billings Community Foundation for renovation at 404 North 30th Street; in the amount of $181,774, as recommended by DBP Board.
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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