VISION STATEMENT:
“The Magic City: A diverse,
welcoming community
where people prosper and
business succeeds.”
 
 
  CITY COUNCIL
REGULAR BUSINESS MEETING
   
  AGENDA       
 
 
COUNCIL CHAMBERS September 27, 2021           5:30 P.M.
             
CALL TO ORDER: Mayor Cole
 
PLEDGE OF ALLEGIANCE: Mayor Cole
 
INVOCATION: Councilmember Purinton
 
ROLL CALL: Councilmembers present on roll call were: Shaw, Yakawich, Neese, Ewalt, Joy,  

Choriki, Purinton, Ronning, Boyett, Brown
 
MINUTES: September 13, 2021
 
COURTESIES:
 
PROCLAMATIONS:
 
COUNCIL REPORTS:
 
ADMINISTRATOR REPORTS - CHRIS KUKULSKI
 
PUBLIC COMMENT on “NON-PUBLIC HEARING” Agenda Items: 6b, 7b, 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.

Mayor Cole recommends that Council confirm the following appointments:

 
1.    
  Name Board/Commission Term
      Begins Ends
1. George Maragos Tourism BID 10/01/21 10/01/25
2. Jeff Schoenhard Tourism BID 10/01/21 10/01/25
 
             
B.

Bid Awards:

 
1.   Castle Rock Park Playground Improvements. (Opened 9/7/21) Recommend rejection of all bids.
 
2.   Hail Repair - Miscellaneous City Buildings. (Opened 9/7/21) Recommend Finishing Touch Exteriors, Inc.; $499,999.90.
 
C.   General Contractor/Construction Manager (GC/CM) Preconstruction Services Contract for W.O. 19-42: West End Water Treatment Plant Project with Garney Companies, Inc.; $273,035.20.
 
D.   Professional Services Agreement for W.O. 22-07: Mullowney Lane with HDR Engineering; $298,488.
 
E.   Consultant Agreement with Morrison-Maierle for W.O. 22-10: Alkali Creek Water and Sewer Extension; $176,700.
 
F.   Assignment and Assumption of Lease Agreement for the Miller Building space; $18,883/mo.
 
G.   State Highway Traffic Safety Billings Selective Traffic Enforcement Program (STEP) overtime grant; $10,000.
 
H.   Donation to the Public Library for specific projects and book kits for the Teen Tech Lab from Humanities Montana; $6,000.
 
I.   Underground Easement with NorthWestern Energy (NWE) for the new service line for W.O. 20-23: Solid Waste Container Storage Facility.
 
J.   Final Plat of Copper Ridge Subdivision, 8th Filing. * Quasi-Judicial
 
K. Bills for the Weeks of:
 
1.   August 23, 2021
 
2.   August 30, 2021
 
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 receive input on the City's FY2020-2021 Draft Comprehensive Annual Performance Evaluation Report (CAPER) for Community Development Block Grant (CDBG) and HOME Programs. No action is necessary.
  • Presented by: Brenda Beckett, Community Development Manager
 
3. PUBLIC HEARING AND RESOLUTIONS allocating assessments on the following:
  • Presented by: Andy Zoeller, Finance Director
 
a.   SID 1408 - Radford Squares North, South, East and West and a portion of Shawnee Drive.

Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the Resolution assessing SID 1408, as recommended by staff.
 
b.   SID 1410 - Annafeld Subdivision, 2nd filing and Annafeld Park Trail improvements. 

Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the Resolution assessing SID 1410, as recommended by staff.
 
             
c.   SID 1413 - Greenbriar Road and Winged Foot Drive.

Staff recommends approval. (Action: approval or disapproval of staff recommendation.) 

Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve the Resolution assessing SID 1413, as recommended by staff.
 
4. PUBLIC HEARING AND RESOLUTIONS setting FY22 annual assessments on the following:
  • Presented by: Jennifer Duray, Public Works Deputy Director
 
a.   Special Improvement Light Maintenance District (SILMD)

Staff recommends approval. (Action: approval or disapproval of staff recommendation.)

Recommended Motion: Having conducted a public hearing, considered written and spoken testimony, I move to approve a Resolution setting annual SILMD assessments for FY22, as recommended by staff.
 
b.   Sidewalk Construction and/or Repair

Staff recommends approval. (Action: approval or disapproval of staff recommendation.)

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a Resolution assessing the cost of sidewalk construction and/or repair, as recommended by staff.
 
5.   PUBLIC HEARING AND RESOLUTION approving reduction of the Arterial Construction Fee assessment for residents in commercial zones. 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 a Resolution approving reduction of the Arterial Construction Fee assessment for residents in commercial zones, as recommended by staff.
 
6. REGAL LAND DEVELOPMENT, INC. PROPERTY:
 
a. JOINT PUBLIC HEARING FOR ANNEXATION 21-10 AND ZONE CHANGE 998:
 
i.   RESOLUTION FOR ANNEXATION 21-10: a parcel located south of Sweetgrass Creek Drive between 54th and 58th Street West. Regal Land Development, 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 Annexation 21-10, as recommended by staff.
 
             
ii.   FIRST READING ORDINANCE FOR ZONE CHANGE 998: a zone change for a new Mixed Residential Planned Neighborhood Development zone change consisting of N3, N2, N1, NX1 and Public 1 zone districts for a proposed annexation of a 53.45 acre parcel south of Rimrock Road, west of 54th Street West and east of 58th Street West. Dan Wells d/b/a Regal Land Development, Inc., owner. 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 998 and adopt the findings of the 10 criteria, as recommended by the Zoning Commission.
 
b.   DEVELOPMENT AGREEMENT with Regal Land Development, Inc. for improvements between 54th Street West and 58th Street West, south of Rimrock Road. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  • Presented by: Debi Meling, Public Works Director

Recommended Motion: I move to approve the Development Agreement with Regal Land Development, Inc., as recommended by staff. 
 
c.   PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward IV to include recently annexed property in Annexation 21-10: a parcel located south of Sweetgrass Creek Drive between 54th and 58th Street West. Regal Land Development, owner. 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 IV, as recommended by staff.
 
7. MESSINGER COMPANY, LLC, PROPERTY:
 
a.   PUBLIC HEARING AND RESOLUTION FOR ANNEXATION 21-11: a parcel located between South Frontage Road and Trade Center Avenue. Messinger Company, 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 21-11, as recommended by staff.
 
b.   DEVELOPMENT AGREEMENT with Messinger Company, LLC for improvements along the South Frontage Road west of Harnish Boulevard. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  • Presented by: Debi Meling, Public Works Director

Recommended Motion: I move to approve the Development Agreement with Messinger Company, LLC, as recommended by staff.
 
             
c.   PUBLIC HEARING AND FIRST READING ORDINANCE expanding the boundaries of Ward V to include recently annexed property in Annexation 21-11: a property located between South Frontage Road and Trade Center Avenue, totally approximately 26.425 gross and 13.729 net acres of land. 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 V, as recommended by staff.
 
d.   PUBLIC HEARING AND RESOLUTION approving a Property Tax Abatement for Coca-Cola. Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  •  Presented by: Chris Kukulski, City Administrator

Recommended Motion: Having conducted a public hearing, considered written and spoken public testimony, I move to approve a resolution approving a property tax abatement for Coca-Cola, as recommended by staff.
 
8.   APPROVAL of Purchase and Sale Agreement - Stillwater Building. Stillwater Building Negotiation Committee recommends approval. (Action: approval or disapproval of Stillwater Building Negotiation Committee recommendation.)
  • Presented by: Kevin Iffland, Assistant City Administrator

Recommended Motion: I move to approve the purchase and sale agreement for the Stillwater Building, as recommended by the Stillwater Building Negotiation Committee. 
 
9.   RESOLUTION establishing a Citizen Police Advisory Board (CPAB). Staff recommends approval. (Action: approval or disapproval of staff recommendation.)
  •  Presented by: Chris Kukulski, City Administrator

Recommended Motion: I move to approve a resolution establishing a Citizen Police Advisory Board (CPAB), as recommended by staff.
 
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.