Belgrade City Council

BELGRADE CITY COUNCIL MEETING MINUTES COUNCIL CHAMBERS November 1, 2021 7:00 PM This meeting was open to the public and attended in person and via Zoom video platform. Mayor Russell C. Nelson called the meeting to order. Council Members in attendance were Brad Cooper, Mike Meis, Jim Simon, Kristine Menicucci, Jim Doyle and Ken Smith. City staff in attendance were City Manager Neil Cardwell, City Attorney Rick Ramler, City Clerk Susan Caldwell, Executive Assistant Dana Jambor, Planning Director Jason Karp, Police Chief Dustin Lensing, Public Works Director Steve Klotz, City Engineer Tom Eastwood. City staff in attendance via zoom was Finance Director Diane Eagleson. Others in attendance were Ali Vasarella, Jeff Lusin, Myra Cook, Eric Reinhardt, Tammy Howard, Kerri Monger, Scott Monger, Tiffany Maierle, Mark Maierle, Emily Decker, Diana Perry, Renae Mattimoe. Others in attendance via zoom were Jen Becker, Matt Cotterman, Diana Setterberg, Luke, Nicole Cardwell, Adam, Dale Mailey, Debbie Cuyle, Ethan Cote and Kay Trevarthen, PUBLIC FORUM Mayor Nelson called for public comment and opened the public forum. Scott Monger, residing on Hoffman Street, across the street from the Christian Missionary Alliance Church, noted that the church had started constructing a racetrack on their property on October 21st. They started marking the track by running a 4-wheeler round and round for about 2 hours. That weekend, he and his wife asked what they were planning and church staff stated they were holding a Halloween party and were planning lawnmower races for the kids. From that day on there was continuous use of the track by 4-wheelers and modified lawnmowers and it was excessively noisy. Monger said he had spoken with the Belgrade Police and they informed him there was no ordinance preventing the church from constructing and using the track. Monger noted the Halloween party was supposed to be from 4pm to 7pm. The racetrack was clearly not for children and the adults were running the 4-wheelers and standing on the modified lawnmowers. Monger noted this type of event was not causing good will in the neighborhood. It was going to be a large crowd and it was very loud. He had videos and asked if City staff wanted to see the activities. He asked that it be reviewed. Mayor Nelson called 2 more times for public comment. There being none, the public forum was closed. PUBLIC HEARING Ordinance 2021-5 (second reading) Amending City Charter to modify salaries for Council/Mayor Page 1 of 9  City Manager Cardwell reviewed the information which would set Council pay at $200 per month, along with changing the manner of adjustment by ordinance going forward. Mayor Nelson opened the public hearing and called for public comment. There was none and the public hearing was closed. Mayor Nelson thanked Elizabeth Marum for her research and recommendations on this issue. ACTION: Council Member Menicucci moved to approve Ordinance 2021-5 after the public hearing and upon second reading as presented and set the election date for May 3, 2022. Council Member Doyle seconded the motion. Motion carried 4 to 2. Council Members voting aye: Meis, Simon, Menicucci, Doyle Council Members voting no: Cooper, Smith PUBLIC HEARING Consider Ordinance 2021-6 (second reading) Zone Map Amendment to zone the Weaver Road Area to R-2, R-3, and B-1 Planning Director Karp reviewed the requested zoning designations. Mayor Nelson opened the public hearing and called for public comment. Kay Trevarthen, residing in Belgrade, inquired if there would be businesses allowed under the new zoning. Karp noted one area may be for a potential convenience store and/or a gas station. Trevarthen was in opposition to allowing any gravel pits in the area. Karp noted this zoning would not allow a gravel pit. Mayor Nelson called 2 more times for public comment. There was none and the public hearing was closed. ACTION: Council Member Meis moved to approve Ordinance 2021-6 after public hearing and upon second reading, to adopt Weaver Road area zoning as presented. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. PUBLIC HEARING Consider Ordinance 2021-7 (second reading) Zone Map Amendment to zone the Four Graces Area to R-2, R-3, R-4, M-1, and B-3 Planning Director Karp reviewed the requested zoning designations. He noted this could be discussed further as the area subdivisions come in for the next level of approval. Mayor Nelson opened the public hearing and called for public comment. Tammy Howard, residing across from the subject property, asked what the difference between B3 and B1 zoning involved. Karp noted they were both commercial business districts. B3 was similar to the zoning of downtown Belgrade, B1 allowed larger square footage. Howard spoke Page 2 of 9 in opposition to having business zoning in the corner of Collins Road. She wanted it to be residential and not used for more storage units. She did not want a gas station in a residential area. Kay Trevarthen, residing in Belgrade, spoke in opposition to allowing business zoning in the residential area. She did not want more storage units in the residential area. Jen Becker, residing on Sunrise Drive, asked where the 4 Graces area was located. Karp said it was located north by Weaver Road, Collins Road on the west, near Bolinger Road area. She also asked when development would start. It was noted that plans were not set yet and they would come back for approval at a later time in the next 2 to 3 years. Matt Cotterman, engineer representing the applicant, spoke about proposed use of the B3 zone for neighborhood services and uses for the local residents. Mayor Nelson called 2 more times for public comment. There was none and the public hearing was closed. ACTION: Council Member Menicucci moved to approve Ordinance 2021-7 after public hearing and upon second reading amending the Zoning map as requested. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. PUBLIC HEARING Consider Resolution 2021-39 Intent to Adopt the Triangle Trails Plan as an amendment to the Belgrade Growth Policy Planning Director Karp reviewed the proposed Triangle Trails Plan. The triangle was a loosely identified area between Belgrade, Bozeman and Four Corners. There was a Planning Coordinating Committee with representatives from Belgrade, Gallatin County and Bozeman who had worked on this community plan. Having an adopted plan made it more feasible to apply for any available grant programs. City Manager Cardwell noted concerns about associated costs. The goal was for this plan to be self-sustaining and self-funding as part of the plan. Mayor Nelson opened the public hearing and called for public comment. There being none, the public hearing was closed. ACTION: Council Member Simon moved to approve Resolution 2021-39 Intent to Adopt the Triangle Trails Plan as an amendment to the Belgrade Growth Policy and set date for public hearing on November 15, 2021. Council Member Cooper seconded the motion. All voted aye, motion carried unanimously. PUBLIC HEARING Consider Request to Modify Conditions of Approval for Bridger Heights Phase 2E and 3 Planning Director Karp reviewed the applicant’s request for modified conditions. The language of the condition was worded in such a way that it required installation of a roundabout at Page 3 of 9 Cruiser Lane and Dry Creek Road prior to their final phase. This was not the intent to require installation but it was the intent to make sure each developer contributed their fair share of the associated costs. The current wording would halt the progress and that was not the intent. Installation of a roundabout would be done in the future using impact fees and such. The suggested adjustment and re-wording of Condition #39 would provide for the developer of Bridger Heights to pay to the City a proportional share of costs according to and commensurate with each remaining phase related to improvements to Cruiser Lane and Dry Creek Road. Public Works Director Klotz gave a rough estimate of the cost on a roundabout at $5 million. Mayor Nelson called for public comment and opened the public hearing. Jen Becker, residing on Sunrise Drive, agreed that the intersection needed improvement. She asked if had to be a roundabout or if there were other options including a traffic light. City Manager Cardwell noted that a City Street Improvement Plan would determine what might be installed at the intersection. Roundabouts were traditionally a very good option in terms of safety. Klotz noted issues in that area due to the short distance from Dry Creek to Spooner. A traffic study would also be done and would help determine the options. Ethan Cote, Engineer representing the applicant, noted he was available for any further questions. Mayor Nelson called 2 more times for public comment. There being none, the public hearing was closed. ACTION: Council Member Menicucci moved to approve modification of conditions of approval for Bridger Heights as requested. Council Member Cooper seconded the motion. All voted aye, motion carried unanimously. REPORTS The Mayor had nothing to report. The City Attorney had nothing to report. City Manager Cardwell reported that with Belgrade’s increase in population just over 10,000 we would now have certain requirements pertaining to a Board of Health. Early preliminary discussions were underway regarding a draft interlocal agreement to help meet our requirements. More information would be brought back to Council. Cardwell reported a very successful first 2 weeks working with staff. He also introduced the staff from Belgrade Community Coalition. Tiffany Maierle, Director of Belgrade Community Coalition, reported on plans for the Christmas Convoy of Lights which was planned for November 11th. They planned to have a parking area “village” the night before so people could come and take a closer look, along with food Page 4 of 9 trucks and fireworks and such. She reviewed plans for area light parks and walking paths and related events planned throughout the month of December. City Manager Cardwell reported that many City employees had brought to his attention the lack of employee activities such as Christmas Parties and employee picnics. Cardwell wanted to work with Department heads to bring together a Pancake Breakfast for employees within the next few weeks. He invited the Mayor and Council to attend and serve if they so desired. DISCUSSION AGENDA Mayor Nelson noted a change in the order of the agenda items. Consider approval of beginning negotiations with 45 Architectural Services City Manager Cardwell noted that since the Library Bond had passed approval by voters, now it was time to get on with the planning and building. Cardwell noted the option of moving forward with negotiations with 45 Architecture since they have already done a large amount of preliminary work. He would go out for a new Request for Proposals if the Council so desired. Jeff Lusin, representing 45 Architecture, noted their work for the last year or so on preliminary design plans for this project and was available for questions. Council inquired if there was a legal requirement to request separate bids on this part of the project. City Attorney Ramler said it was not required for professional services. Ali Vasarella, resident of Belgrade, noted MCA Section 18– 8–204 regarding procedures for collection of architectural, engineering or survey services. She noted this code required a bidding process. City Manager Cardwell said he had reviewed the requirements and was confident in the chosen process. ACTION: Council Member Simon moved to approve and authorize the City Manager to begin negotiations with 45 Architecture on the Library Upgrade Project. Council Member Smith seconded the motion. All voted aye, motion carried unanimously. Consider Request for Camping Permit Extension – Myra Cook City Manager Cardwell noted there were other requests for extensions in addition to Myra Cook. Police Chief Lensing confirmed that another request had been received for a 6-month extension requested to provide security for a construction site. City Attorney Ramler reviewed the current camping ordinance and options for making adjustments. He noted this could be an ongoing need in our community due to housing challenges. Standards needed to be set so everyone was treated equally. He suggested allowing more flexibility in the time limits. Cardwell suggested setting guidelines and reviewing time limits based on the circumstances. This would assist community members who are trying to help their family members or friends in a hardship situation. Page 5 of 9  Cardwell suggested allowing Myra Cook’s permit to remain in effect while a new draft ordinance was composed and brought back to Council for review. Mayor Nelson called on Myra Cook for comment. Myra Cook noted that her camping needs were temporary for her family members. This was not their preferred option, but it was filling a need due to the lack of other housing options. They hoped to be able to move into an area apartment in January. She appreciated being able to have approval until the new ordinance was reviewed. City Manager Cardwell confirmed that Ms. Cook would not be required to take any other action at this point. Ramler explained the next steps on reviewing an amended Ordinance to include public notices and a public hearing. Council directed staff to draft an amendment to the current ordinance with additional allowance on the time limit and providing for periodic review. Consider Proposed Pump Track plans for Prescott Park located near Well #7 Public Works Director Klotz reviewed plans for the Bike Pump Track. He noted this park was not yet developed and would allow an opportunity to start. The Park Board had made a recommendation to establish the location so the group could start their fundraising efforts. Angela Fellows and Emily Decker, representing the Pump Track, noted their plans to start developing the park including a small playground, parking area, and a track like a roller coaster for bikes, along with another trail around the park. They had started contacting local residents to get their thoughts. The group had put out flyers and created a Facebook account for locals to give input. They discussed areas for dogs, parking area and access points. They also discussed renaming the park so it would not be confused with the parks inside Prescott Ranch subdivision. The park would be “dawn to dusk” with no additional lighting. Mayor Nelson called for public comment. Renae Mattimoe, residing on Mayfair Drive and Park Board member, spoke in support of the proposed development of this park. She said she would like the park to be named Mayfair Park due to its location. Diana Perry, Belgrade resident and Park Board member, spoke in support of the proposed development of the park area. ACTION: Council Member Cooper moved to approve designating space for a pump track at Prescott Park as recommended by the Park Board pending review of the final design by Council. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Page 6 of 9 Consider Request for Parking Variance – St. John Vianney Catholic Church Public Works Director Klotz reviewed the applicant’s request to allow angled parking along an area of up to 172 feet, adjacent to the St. John Vianney Catholic Church at 609 N. Quaws Blvd. This represented about 17 parking spaces. Klotz noted that City staff was not opposed to this request. Discussion followed about connecting the sidewalks in the area. Mayor Nelson called for public comment. There was none. ACTION: Council Member Smith moved to approve and grant a Parking Variance to allow angled parking of up to 172 feet as requested by St. John Vianney Catholic Church at North Quaws Blvd. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. Consider Sidewalk Easement Agreement – St. John Vianney Catholic Church Public Works Director Klotz reviewed the request for an adjustment to the existing City right-of-way and easement to accommodate longer vehicles when parking at an angle. City staff recommended approval as this adjustment would locate parked vehicles further from the traveled way. The Church was willing to surrender some yard space within the new easement as well. The parking and sidewalk plans were noted on the drawings submitted. Mayor Nelson called for public comment. There was none. ACTION: Council Member Meis moved to approve the Sidewalk Easement Agreement with St. John Vianney Catholic Church and authorize the City Manager to sign said agreement. Council Member Cooper seconded the motion. All voted aye, motion carried unanimously. Consider Update to the current policy on Allocation of Sewer Capacity City Manager Cardwell reviewed the current process for allocation based on annexation dates. He noted 3 options to be reviewed by Council. He also discussed that each option solved some issues and could create others. The challenge was to find a balanced way of allowing builders to keep making progress while meeting the requirements of Montana Department of Environmental Quality (DEQ). Public Works Director Klotz reviewed the current process in place. City Engineer Tom Eastwood reviewed how the calculations were done to determine Belgrade’s Equivalent Dwelling Units (EDUs). Discussion followed about potential future developments and how this would affect the projected remaining capacity of Belgrade’s sewer treatment plant. Mayor Nelson called for public comment. There was none. ACTION: Council Member Cooper moved to maintain the current policy on Allocation of Sewer Capacity as presented. Council Member Smith seconded the motion. All voted aye, motion carried unanimously. Page 7 of 9 Consider Agreement and Registration with .Gov Domain City Manager Cardwell reviewed this as one of the first steps in updating the City’s online credentials. This would adjust Belgrade’s domain name according to the required naming convention guidelines for a public entity using the “.gov” designation allowed by the Federal Government. The proposed name was proposed as “belgrademt.gov”. Mayor Nelson called for public comment. There was none. ACTION: Council Member Cooper moved to approve the agreement with .Gov for domain registration. Council Member Smith seconded the motion. All voted aye, motion carried unanimously. Consider Resolution 2021-40 Corporate Banking – Update Authorized Signers on City Account City Manager Cardwell noted the need to update the authorized signers for the City’s bank account including Diane Eagleson, Sherry Brown, Dustin Lensing, Neil Cardwell and Jason Karp. Mayor Nelson called for public comment. There was none. ACTION: Council Member Menicucci moved to approve Resolution 2021-40 updating the list of Authorized Signers on the City Bank Account as presented. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Consider Resolution 2021-41 Authorizing a Lease Purchase Agreement for Equipment City Manager Cardwell noted this was a lease for large equipment purchase, including a replacement Water Vacuum Truck for the Public Works Department. Mayor Nelson called for public comment. There was none. ACTION: Council Member Meis moved to approve Resolution 2021-41 authorizing a Lease Agreement for purchasing equipment as presented. Council Member Menicucci seconded the motion. All voted aye, motion carried unanimously. Council Member Cooper inquired about current Marijuana regulations. Planning Director Karp noted that considerations were already taking place on these regulations due to changes in recent legislation. City Attorney Ramler noted Belgrade would have to update current ordinances to come into compliance with the new legislation. City Manager Cardwell noted that this would be placed on a future agenda for a thorough discussion with public input. CONSENT AGENDA -Pledged Securities for October 2021 ACTION: Council Member Doyle moved to approve all Consent Agenda items as submitted. Council Member Smith seconded the motion. All voted aye, motion carried unanimously. Page 8 of 9  At 9:20pm Mayor Nelson announced an Executive Session and called a 5 minute break to allow for those in attendance to vacate the chambers. EXECUTIVE SESSION At 9:25pm Mayor Nelson opened Executive Session to discuss potential legal issues. Those in attendance were all Council Members, City Manager Cardwell, City Attorney Ramler, City Clerk Susan Caldwell and Executive Assistant Dana Jambor. Attorney John Guin attended via Zoom. At 10:15pm Mayor Nelson closed the executive session and reopened the regular council meeting to the public. FOR YOUR INFORMATION Council Member Smith discussed his long-time goal of bringing the Senior Center under the umbrella of the City. City Manager Cardwell noted his recent meeting with the Senior Center Director. They would be providing financial reports and discussing next steps with their board of directors. Council Member Doyle noted receiving email requests that the City provide the option to participate via zoom for all board meetings. Discussion followed regarding the online participation option compared to streaming options. Council Member Menicucci had nothing report. Council Member Meis inquired about Town Pump’s progress on installation of the sidewalks along Jackrabbit Lane. Cardwell noted his plan to review a city-wide sidewalk policy and program and to bring it to a future meeting for Council’s review. Council Member Simon inquired about progress on combining the various Street Lighting Districts. Cardwell said he was reviewing this with City Attorney Ramler and they were still trying to find a way to make a city-wide district. Council Member Cooper noted he would also like to see progress on bringing the Senior Center under the City’s management. ADJOURN Council Member Simon moved to adjourn the meeting at 10:30pm. Russell C. Nelson, Mayor City Clerk Page 9 of 9