Belgrade City Council

BELGRADE CITY COUNCIL MEETING MINUTES Council Chambers May 3, 2021 7: 00 PM This meeting was open to the public and attended both in-person and via the Zoom video conference platform. Mayor Russell Nelson called the meeting to order. Other Council Members in attendance were: Brad Cooper, Mike Meis Jim Simon, Kristine Menicucci and Ken Smith. Council Member attending via Zoom video was: Jim Doyle. City staff in attendance were: City Manager Ted Barkley, City Clerk Sue Caldwell, Planning Director Jason Karp, City Attorney Rick Ramler and Public Works Maintenance Worker Ed Roe. City Staff in attendance via Zoom video were: Accounting Tech Kris Norby, Human Resources Manager Sherry Brown, Finance Director Diane Eagleson, City Engineer Tom Eastwood and Public Works Director Steve Klotz. Others in attendance were: Rob Gilmore, Joe Menicucci and Margii Wronko. Others in attendance via Zoom video were: Hannah Allen, Judy Doyle, David Herbst, Henry Kriegal, Elisabeth Marum, Matt, Derek Olson, Eric Reinhardt, Diana Setterberg and Zack Tusken. PUBLIC FORUM Mayor Nelson opened the public forum and called for public comment. Joe Menicucci, Belgrade resident, commented on whether to end the Declaration of Emergency. He stated that wearing a mask was proven to partially contain the aerosols related to Covid- 19 virus being spread. He noted frustration that Belgrade was not represented at the County Health Board level and felt that we should demand a seat at that table and be part of the decision making process. He suggested utilizing Covid- 19 related funds to upgrade the air systems throughout the City owned building for the health of everyone working in them, including the Library, City Administration, Police and others. Elisabeth Marum, Belgrade resident and member serving on the City- County Planning Board, spoke in favor of continuing the use of face masks. She was concerned that if meeting formats go back to in- person without masks, everyone will be at risk of exposure to Covid- 19. She noted that in her office at Montana State University, there is a policy of" no mask, no entry". She felt it was keeping them safer, with only 2 people allowed per room. She felt that moderation was a positive, even though it would not always be the popular choice. The inconvenience was worth the safety and care for others in her opinion. Henry Kriegel, Bozeman resident, representing Americans for Prosperity group, wanted to clarify House Bills 121 and 257 regarding the proper role of government in this situation related to Covid- 19. He also discussed the role of health boards and the need to maintain economic health of our Page 1 of 10 communities. He felt Belgrade should weigh in on getting a seat on the health board or the commission. He felt face mask use should be voluntary as to whether a business chooses to impose such restrictions on their customers. Eric Reinhardt, Belgrade resident, was not in favor of continuing the mask requirement. He felt that the masks had served their purpose but now it was time to be done. Mayor Nelson commented that the Declaration of Emergency had nothing to do with the requirement of wearing masks. It only helped us be eligible for funding under the pandemic programs. Mayor Nelson called 2 more times for public comment. There was none and the public forum was closed. PUBLIC HEARING Consider Ordinance 2021- 1 ( 2nd reading) Adopt updated Int' l Energy Conservation Code City Planning Director Karp noted that this was approved and passed upon first reading and tonight' s meeting would fill the requirement for the public hearing and second reading. These updates were done periodically around 3- year intervals. Staff recommended adoption as amended by the State of Montana. Mayor Nelson opened the public hearing and called 3 times for comment. There was none and the public hearing was closed. ACTION: Council Member Smith moved to approve Ordinance 2021- 1 upon second reading to adopt the 2018 International Energy Conservation Code with State Amendments. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. REPORTS Mayor' s Report— Mayor Nelson had nothing to report City Attorney' s Report— the City Attorney had nothing to report. City Manager' s Report City Manager Barkley reported that Shakespeare in the Parks would be performing Cymbeline" in Belgrade at Lewis & Clark Park on Monday, September 6th at 3: 30pm. Barkley reported on plans to submit an application for grants funds for a Public Transportation Project to include construction of a multiuse path along Dry Creek, north along Cameron and connecting parks on up to Cruiser Lane. It would also compliment the milling trail that the Airport put down south of Cameron. They planned to pave that trail, and if we were funded for this TA grant, we would have support from our schools, Chamber, Belgrade Community Coalition and others. Barkley reported plans for a proposal on the Library project on May 17th. He noted the need to review the project and proposed ballot wording by the first week in June to meet the election timeline. Page 2 of 10 Discussion followed about the original estimate of costs as opposed to what it is now and how we got to that number. Barkley said construction material costs had a lot to do with the changes in price. Barkley also noted how the Library project will solve about 5 other problems related to facility space needs. Barkley reported that Pierre Martineau, Jr., a former Gallatin County commissioner and West Yellowstone mayor, had passed away that morning. He had been very active in shaping and leading the communities in our valley for many years. Barkley reported on expecting guidance regarding the American Recovery Plan Act( ARPA) funding this week or next. There were a lot of questions, but it had been suggested that our first distribution may be as soon as this month, but we didn' t know all the rules for use yet. Refitting ac/ heat systems was an excellent suggestion. Barkley reported efforts to put together a payback agreement for Belgrade School District related to the infrastructure installed along Bolinger Road. Barkley reported that our auditors would be at the City office on May 18th and 19th for field work. DISCUSSION AGENDA Consider Variance Request for Driveway Approach— 706 W. Southview Avenue Public Works Director Klotz reviewed the variance requested by Jayne Lister and Donald Bolen. They had requested approval to install an asphalt driveway in lieu of a concrete drive approach. Klotz noted that concrete drive approaches had been installed throughout Belgrade for both residential and non- residential uses where there was not presently any curb and gutter. Klotz discussed the maintenance requirements for concrete as opposed to asphalt. He noted that asphalt causes issues when installed at the wrong height. Concrete was easier to inspect prior to the pour whereas asphalt was more difficult to bring up to specifications and the required grade. City staff recommended that the request for variance be denied and concrete specifications be upheld. Discussion followed about other houses nearby that had installed asphalt with no concrete. Barkley noted that these approaches were done before the concrete specification was added to the City code. Barkley recommended holding to the current specifications to avoid the issues of moisture damage associated with asphalt. Klotz noted that a draft of specification adjustments was in the works so this could also be reviewed further if Council so desired. Mayor Nelson called for comment from the applicant/ owner of 707 W Southview Avenue. A representative was not present. Mayor Nelson called for other public comment. There was none. Page 3 of 10  ACTION:Council Member Menicucci moved to deny a variance to allow an asphalt driveway approach in leu of a concrete approach at 706 W. Southview Avenue according to current City code specifications. Council Member Meis seconded the motion. Roll Call vote: Council Members voting aye: Menicucci and Smith Council Members voting no: Cooper, Meis, Simon, Doyle Motion failed 4 to 2 Discussion followed about what this action meant for the applicant and City Attorney Ramler clarified that the variance was not granted by the Council' s action. ACTION: Brad Cooper moved to grant the variance and allow the asphalt approach until such time that the City specification were reviewed. There was no second and Council Member Cooper withdrew the motion. City Manager Barkley asked for confirmation that Council members realized that thus far they had neither approved or denied the request for variance. Barkley suggested a positive motion and another vote. Council did not take any further action. Barkley noted that the applicant would be required to meet current specifications if they chose to install the approach to their driveway. Other options included their choice to wait for a review of the specifications and in the meantime, they could pave with asphalt up to their property line, if they so desired. Consider Revolving Loan Fund Loan Approval for New Day Bakery Rob Gilmore and Jackie Haynes, representing Northern Rocky Mountain Economic Development District( NRMEDD) reviewed the standard Revolving Loan Fund( RLF) loans and also the stabilization loan program. They noted 10 loans were processed for a total of$ 867, 000. New Day Bakery' s loan would involve a mortgage in the amount of$ 293, 000. Gilmore noted that the Wronkos had been in Belgrade for 20 years and their business was located on leased property owned by Montana Rail Link. Their application review showed sufficient business and collateral and had passed the RLF Committee' s review. They had also consulted with Russ Nelson acting in his role as a commercial banker and President of the District. City Manager Barkley noted this business was significantly affected by the Covid- 19 pandemic. Instead of using the business stabilization options, the mortgage made more sense to allow for interest- only payments for the first 12 months, and forgoing origination fees. Strategically it made sense for the City' s interests as well. Council Member Smith noted that he was not able to attend the review meeting on this application, but he had supported the approval based on information provided to him. Mayor Nelson noted that the interest rate would also provide significant savings. Council Member Cooper inquired as to why Council Member Doyle was not included in the RLF committee proceedings. Cooper thought the committee was supposed to include 3 council members and asked if this had been changed. City Manager Barkley said he would verify who was appointed to the RLF committee. Page 4 of 10  Mayor Nelson called for public comment. There was none. ACTION: Council Member Cooper moved to approve the Revolving Loan Fund mortgage Loan in the amount of$ 293, 000 for 20 years at 3. 5% interest for the Wronkos and New Day Bakery. Council Member Smith seconded the motion. All voted aye, motion carried unanimously. Margii Wronko thanked the Council for their consideration Consider Wastewater Treatment Plant Capacity Update and Recommendation City Manager Barkley noted what amounted to about 800 units of availability for connections to our system, but recent annexations might affect our ability to serve them right away. State statute allows a period of 5 years to provide service and Barkley noted that this was made clear to those requesting annexation. We also don' t want to stifle growth, or not be able to use our capacity due to an administrative rule of our own making. Barkley noted the plan to change a key date after which we would continue to entertain applications for annexation and extend sewer services. That date would be moved from 2018 to January 2020. Public Works Director Klotz explained that back in 2018, we were quite a way out from completing the new sewer plant. Now that we are getting closer, we have a better idea of completion and what plans have been submitted for inclusion. We are also trying to balance the needs of the properties annexed pre- 2018. Klotz noted that we don' t want to stop development when we have capacity. We may bump the date as we get back in touch with developers. Klotz said that the plant project was proceeding on schedule. In one year he expected to hit a major milestone so we could start writing capacity letters. Discussion followed about 2 properties listed that would use 134 units and another 30 units. Klotz noted that these 2 properties were known to fall within this time frame. He noted that they would be allowed to connect, but in keeping track of the other pre- 2018 properties that the City owes service to, we are being conservative and trying to maintain a balance that allows flexibility in view of the 800 total units available. This was a good first step and it would be reviewed on an ongoing basis. Barkley said we needed to be flexible, but still work in the older properties that were annexed before 2018, while at the same time not cutting everyone else off. Mayor Nelson called for public comment. There was none. ACTION: Council Member Meis moved to approve an update to the City' s policy for the disposition of available remaining wastewater treatment plant capacity to include those properties annexed prior to January 1, 2020 within 500 feet of wastewater infrastructure owned, operated, and maintained by the City of Belgrade based on the City' s Public Works Department approval of construction plans for wastewater system infrastructure and issuance of an " Ability to Serve" letter on a first-come, first-served basis. No " Ability to Serve" letters will be issued for proposed developments that exceed the available remaining wastewater treatment plant capacity, or if the wastewater treatment plant fails to meet its permit requirements as determined by the Montana Department of Environmental Quality. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Page 5 of 10 Consider Designation of an Off-Leash, Voice Command Dog Park Location Public Works Director Klotz reported that the Park Board had made the recommendation to designate the City owned property located to the South and West of the intersection of Yellowstone Avenue and Hawaii Road as an off-leash, voice command dog park for the City of Belgrade. This would include provision of 2 dog stations with cleanup bag dispensers, a garbage can and posted notices addressing the waiver of liability. Klotz noted that Code Enforcement Officer Gibson had received several requests for such a park from the public. This proposal did not include fencing. Klotz said he would provide a cost estimate for fencing and include it in the upcoming budget if Council so desired. Klotz noted another option was possible designation of such a park in the far corner of the Menicucci sports complex for future consideration. City Manager Barkley noted that the City' s liability provider, MMIA, would probably not insure this type of park without a fence. It was very popular on the list of projects according to past surveys and Barkley felt it was a good use of that property at this time. He recommended placing it in the upcoming budget with a fence option. Barkley also noted that, even if the Council approved it right now, it would probably be 6 months before we could get a contractor to build the fence. Council Member Cooper asked if impact fees could be used for this development. Barkley said it may be an option. A dog park could be incorporated into the existing park system. Council Member Smith asked about the State- owned property on Penwell that was being used as a dog park. Council Member Simon noted that both locations were discussed by the Park Board. They recommended the south location first just in the interest of time. Barkley noted that a dog park was included as part of the Master Plan for Menicucci Park and this could be included as part of the upcoming budget. Mayor Nelson called for public comment. There was none. ACTION: Council Member Simon moved to approve moving forward with plans to form Dog Parks at the South location near the intersection of Yellowstone Avenue and Hawaii Road and also at Menicucci Park, to include costs and estimates brought back for approval with the addition of fencing. Council Member Menicucci seconded the motion. All voted aye, motion carried unanimously. Continue discussion regarding City of Belgrade' s COVID Response City Manager Barkley noted a fair amount of discussion about Belgrade not having a seat on the County Board of Health. He discussed the State rules related to formation of the board. Because Belgrade was currently designated as a 3' class city, we would not be eligible for membership on the board until such time as the census was updated and Belgrade was changed to 1st or 2nd class. Belgrade residents were being represented as residents of the County. He felt that we needed to make it clear that when the interlocal agreement is renegotiated, Belgrade will want to be a part of the Board. Page 6 of 10  City Attorney Ramler discussed the difference in city classifications and how it related to the census count. Belgrade had mainly chosen to remain a 3rd class city in 2011 to maintain our relationship with the fire district. Belgrade was still under the 3rd class designation and would remain so until the Census was certified later this year or possibly early in 2022. Barkley referenced reading material that was provided to Council which included the executive order from Governor Gianforte regarding the emergency declaration. Gianforte had declared a new emergency to run concurrent with the one declared by the US President. It allowed eligibility for funding. Barkley clarified that the City had remained active and had been continuously doing business during the pandemic. The current Directive to implement this Executive Order along with the CDC' s guidance on social distancing and best practices related to wearing masks, temperature checking, teleworking and other local government directions were effective through May 27, 2021. Barkley clarified that the City of Belgrade only controls its own operating space and the staff that occupies that space. The City had not imposed any rules on any businesses or households in the City. Barkley discussed how House Bill 121 would affect implementation of the decisions coming out of the County Health Board. He also discussed House Bill 632 regarding assistance funds available for allocation to local governments and the ways these funds might be used. He also noted the wording in Section 28 that eligibility would be reduced by 20% if the restrictions by the local City were more stringent that the restrictions imposed by the State at the time a grant was awarded. Barkley proposed that he draft a resolution for Council' s consideration to confirm our compliance with both of these House Bills. Barkley recommend continuing to protect the interests of the City and citizens as we seemed to be experiencing a third wave and the covid numbers were still high. Discussion followed about when the City should stand down and rescind the Declaration of Emergency. Council asked for the opinion of Joe Menicucci, Jr. Joe Menicucci discussed the various aspects of the virus variants that were coming about and how this would affect the reoccurrence and resurgence. It was impossible to know yet now things Menicucci that until 70% would progress. stated immunity was achieved, we would still be dealing with high numbers. He commented on the population density of Gallatin County and particularly at Montana State University. He felt this was the main reason that our area was seeing a different impact than the rest of the state. We have about 23, 000 people in a very small area. Surface contact was not as impactful in the spread and being outside was best. Being indoors and being subject to poor ventilation in smaller areas increased the likelihood of being infected. He stated that masks are 70% effective to stop spread of droplets. He also noted that trend of a 98% decrease in cases of influenza because people were wearing masks and this showed how effective it was. Menicucci also agreed with Barkley recommendations to utilize funding to upgrade and/ or systems in City buildings. replace air movement He hoped by the Fall we might be close to ending use of masks, especially since vaccines would become more available. It would take time for the CDC to confirm how the infection was continuing to spread. He noted that Gallatin County was still experiencing the highest infection rate in the State right now. He stated his personal observation that Page 7 of 10 Asian countries had adopted the practice that, if they were feeling sick and they had to go out of their home, they would wear a mask. It had become their habit and it helped reduce spread of infection to others. Henry Kriegel, Bozeman resident, spoke about HB 632 penalizing local governments if they were stricter than the State. He did not prefer this negative incentive for them to ease restrictions. He felt it should be done voluntarily. He discussed use of face masks and mandates. He felt the people should be allowed to decide if face masks were appropriate for them. He asked Council to include a separate letter to Gallatin County to lift the face mask mandate. Hannah Allen, Belgrade resident, spoke in support of ending the state of emergency. She asked Council to consider sending a resolution to this affect to Gallatin County. Although Belgrade wasn' t making these rules, she felt that Belgrade should take action to urge the County to end the state of emergency. She did not feel that Federal funding was needed and the National debt was a concern. She also commented on not trusting the numbers of new cases and deaths due to Covid- 19 and felt they were lower than the numbers being reported. She felt that healthy people should not have to wear masks and each business owner should be able to enforce their own rules. Elizabeth Marum, Belgrade resident, spoke in favor of mask use. She related that there were many asymptomatic carriers on the MSU campus, so how could you know who is " healthy"? She agreed that the emergency funding was needed because Belgrade is part of the fastest growing area in the nation and we need infrastructure assistance. Such funding would help those most impacted by Covid- 19. She hoped the Council would accept the available funding on behalf of the public trust. Cheryl Tusken, Bozeman resident, spoke in support of ending the state of emergency. She said she did business in Belgrade and wanted to let things get back to normal. The City should not depend on large amounts from the Federal Government and she felt it would hurt the entire country in the long run. Mayor Nelson called for additional public comment. There was none. Barkley asked for direction from Council on whether to draft a resolution to state their commitment to compliance with the House Bills under discussion in order to preclude Belgrade from suffering penalties imposed by the State and also send a message that Belgrade plans to comply with the directives from the State and not necessarily those of the County Health Board. Barkley also asked if Council would like these thoughts communicated to the Health Board as well. ACTION: Council Member Cooper moved to direct staff to draft a resolution stating their commitment to compliance with Section 28 of HB632, and section 5 of HB121 for consideration at the next regular council meeting. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Discussion followed regarding the difference between American Recovery Program Act ARPA) funds and Federal Emergency Management ( FEMA) funding. Barkley confirmed these were different funding tools and it was possible that having an Emergency Declaration might not affect our eligibility for the ARPA funds but he was waiting for more clarification. Page 8 of 10  Council Member Menicucci felt Belgrade should be conservative in case something else comes to light because having the declaration of emergency does not hurt anything. She also noted that most of the people making comments were not Belgrade residents which was another concern to her. CONSENT AGENDA Pledged Securities for April 2021 ACTION: Council Member Simon moved to approve the consent agenda items. Council Member Smith seconded the motion. All voted aye, motion carried unanimously. FOR YOUR INFORMATION Council Member Doyle asked how the recruitment for a new City Manager was going. Barkley noted plans were progressing. The position was scheduled to be posted in several professional journals by May 17th and we were expecting a draft of the recruitment flyer very soon. This would include a recommendation of pay rate. Doyle asked who the point of contact was at the City. Barkley confirmed the primary contact was Sherry Brown, Human Resources Manager. Council Member Smith asked about the deadline to turn in voting paperwork for the current School ballot. Barkley noted those ballots were due tomorrow, May 4th. Discussion followed about the lack of ballot drop locations in Belgrade. Barkley noted that this was a special ballot and no one asked that the City Hall be designated as a drop location. City staff realized that there were no designated drop locations in Belgrade the same time as everyone else. Since this was not a City related ballot, we were not involved in the logistics, but it was noted and brought up to the Election officials for future reference. Barkley noted that City Hall should always be a place to vote. Smith agreed and felt it would encourage better participation. Council Member Menicucci reported that the fundraising event " Give Big" would be starting on May 6th.She also noted that the Belgrade Library was conducting a survey regarding extended hours and she encouraged all to participate. Council Member Simon reported on attending a recent meeting of the Library Design Committee where they were working on adjusting the plans so the costs could be worked through. They would be coming back to Council and he felt they would be pleased with the latest version. Council Member Meis had nothing to report Council Member Cooper noted that residents were requesting additional streetlighting at the corner where Hawaii Street met with Northern Pacific and he asked Council Member Meis to review that location with Northwestern Energy. Barkley reported on speed signs and noted that he was unsure of how many were available, but he had asked Public Works staff to attend the next meeting to give their observations so Council could give direction as to where to install them. Council Member Simon asked about placing one near the middle of Powers Blvd as part of the discussion. Page 9 of 10  Council Member Cooper inquired about a future roundabout where Cruiser Lane meets Dry Creek Road. Barkley noted that the next subdivision that comes in with a traffic study will trigger that and the developers will have to share the cost, along with our use of impact fees. Joe Menicucci, Jr., commented that he appreciated standing in the City Hall building that cost tax payers zero dollars, thanked Council for their part of the decision voted best use of tax funds to support the Streamline service, also their consideration of infrastructure needs that don' t go away. He felt there was no better group of people to be trusted with spending taxpayer money and as a Belgrade citizen, he appreciated their continued efforts. ADJOURN Council Member Smith moved to adjourn the m ing at 9: 25 pm. / r am //' r 7.- 4.'' Russell C. Nelson, Mayor'./. Attest: 7lit. 4 Ce..14Ce4L144' 4W Susan Caldwell, City Clerk Page 10 of 10