Belgrade City Council

BELGRADE CITY COUNCIL MEETING MINUTES Council Chambers December 6, 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. Council Members in attendance were Brad Cooper, Mike Meis, Jim Simon, Kris Menicucci, Jim Doyle and Ken Smith. City staff in attendance were City Manager Neil Cardwell, City Clerk Sue Caldwell, Executive Assistant Dana Jambor, City Attorney Rick Ramler, Planning Director Jason Karp, Police Chief Dustin Lensing, Public Works Director Steve Klotz, Acting Fire Chief Greg Tryon, Senior Court Clerk Shelley Morrow, Court Clerk Emily Mitchell. Staff attending via zoom were Finance Officer Diane Eagleson, Engineer Tom Eastwood and HR Director Sherry Brown. Others in attendance were Vivian Crouse, Matt Ekstrom, Judy Doyle, Renae Mattimoe, Steve Anderson, Mike Steinberg, Daniel Francisco, Liberty Brown, Christopher Hofstetler, Chris Putnam. Others in attendance via Zoom video were Nicole Cardwell, Myra Cook, Debbie, Diana Setterberg, Josh Smith, Kaye Trevarthen, Martha Sellers, Scott Bechtle, Elaine, Jake Anderson. PUBLIC FORUM Mayor Nelson opened the public forum and called for public comment. Kaye Trevarthen, residing on Melissa Way, requested that Planning Board meetings would allow Zoom access similar to the Council meetings so she could participate remotely. Planning Director Karp noted that hybrid meetings would start on the next meeting to be held January 2022. At some point the goal was to switch to a live stream option. Mayor Nelson called 2 more times for public comment. There was none and the public forum was closed. PUBLIC HEARING Consider Ordinance 2021- 8 ( second reading) Amending City Camping Codes City Manager Cardwell noted a change of the time limit for approved camping of up to one year with an application fee of$ 50. Mayor Nelson noted that these allowances were being made to provide some assistance to residents and families experiencing housing hardships. Housing was so expensive and there was such low availability. Council felt this was one way to assist families who were trying to deal with this challenge. Mayor Nelson opened the public hearing and called for public comment. Page 1 of 11  Steve Anderson, residing on N. Weaver Street, spoke in opposition to the amendments to the ordinance. He was generally in favor of the spirit of helping people out, but he felt there were many potentially negative aspects. He felt the cleanout and dumping should be required more often than 3- month intervals. He felt the City would not be able to effectively enforce the intended use. He felt it would make single- family residences into multi- family housing. He felt that the neighbors should be advised and be included in the permit process as well. He felt it would change the character of the neighborhood and diminish property values. Kaye Trevarthen, residing on Melissa Way, commented on the time limit of 1 year and if the tenant or the homeowner would fill out the application. Mayor Nelson confirmed that the homeowner would be responsible for completing the application and for compliance with the code. Mayor Nelson called 2 more times for public comment. There was none and the public hearing was closed. Council discussed the proposed time frame and felt that the review process would be sufficient because it was not meant to be a permanent feature. The permit fee would partially defray the cost of staff's time in reviewing applications and inspection of the camping location. City Manager Cardwell noted that monthly cleanout and dumping was encouraged, however, the City would require proof once every 3 months. He noted that such camping would also be subject to the various Homeowners' Associations covenants and the HOA' s rules would take precedence. Cardwell noted the option to schedule a checkup of the new camping allowances after a year or so to see the level of use and concerns, if any. ACTION: Council Member Smith moved to approve Ordinance 2021- 8 upon second reading and after having held a public hearing, amending Title 5, Chapter 4, Section 5- 4- 11 of the City Code to prohibit camping or sleeping in any parked vehicle on private property except by permit for a limited time for a non- commercial purpose with a permit fee of$ 50. Council Member Menicucci seconded the motion. Motion carried 4 to 2. Council Members voting aye: Meis, Menicucci, Doyle, Smith Council Members voting no: Cooper and Simon PUBLIC HEARING Consider Resolution 2021- 45 Intent to Adopt the Yellow Iron Plan as an amendment to the Belgrade Growth Policy and set date for Final Adoption Planning Director Karp noted the large number of projects coming through the Planning department and thanked staff members Kristin Spadafore, Levi Simonson and Molly Johnson for their hard work in putting the packet information together for Council' s review. Karp reviewed the application for Yellow Iron and noted the property was located next to the Star Mobile Home Park at the southwest corner of Frank Road and Jackrabbit Lane with an area covering 23 acres. The proposal would change the designation of the property from Future Growth to Commercial. Karp noted that the Planning Board had voted unanimously to recommend adoption. The property was not currently zoned and was not currently inside city limits. Utility easements were Page 2 of 11 planned for the State land to provide access to the lift station behind Flying J gas station. Karp noted this would not impact the trailer park. Josh Smith, engineer representing the applicant, reviewed the location and that this was the first part of a multi- step process. He noted that the properties on both the east and west side of Yellow Iron were already used for commercial purposes so the change to commercial designation seemed to make the most sense. Mayor Nelson opened the public hearing and called 3 times for public comment. There was none and the public hearing was closed. ACTION: Council Member Meis moved to approve Resolution 2021- 45 Intent to adopt the Yellow Iron Plan as an amendment to the Belgrade Growth Policy and set date for final adoption on December 20, 2021. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. PUBLIC HEARING Consider Ordinance 2021- 9 ( first reading) Zone Map Amendment to zone 225 Bolinger Rd Sorensen) from B- 2 to M- 1 and set date for Final Adoption Planning Director Karp reviewed the proposed amendment to change the zoning of the subject property from B- 2 to M- 1. Karp noted that the Planning Board had voted unanimously to recommend approval of the amended zoning as requested by the applicant. The property included 10 acres and was not currently in the city limits. It was contiguous to the City. The applicants intended to add storage units to the property in the future. Discussion followed about existing storage units nearby. Karp noted there was somewhat of a buffer along Bolinger in the form of the right-of-way at 80- foot and also a 20- foot setback. Mayor Nelson opened the public hearing and called for public comment. Kaye Trevarthen, residing on Melissa Way, asked what M- 1 zoning would allow and if it would include live- work units. Karp noted that M- 1 zoning was for light manufacturing which could include commercial warehousing. He noted that multiple live-work units would have to be approved separately through the Planned Unit Development( PUD) process. It would allow limited retail. Mayor Nelson called 2 more times for public comment. There was none and the public hearing was closed. ACTION: Council Member Smith moved to approve Ordinance 2021- 9 upon first reading to adopt the Sorensen Zoning as proposed by the applicant and set date for public hearing and final adoption for December 20, 2021. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Page 3 of 11 PUBLIC HEARING Consider Ordinance 2021- 10 ( first reading) Zone Map Amendment to zone 716 E Gallatin Ave Brown) from R2M to R- 4 and set date for Final Adoption Planning Director Karp reviewed the request to amend zoning on the subject property from R- 2M to R- 4. The applicant intended to build a 3- unit residential structure on the 50x140 foot lot. Karp noted that quite a lot of public comment on this request. Karp noted that the Planning Board had voted unanimously to deny the requested zoning as shown on the map provided for reference. They felt the existing zoning should remain. The neighborhood was stable and they did not want to set a precedence.The applicant was requesting approval of first reading and for council to set the date for final adoption on December 20, 2021. Cardwell agreed with the Planning Board and recommended to deny the request as well. Liberty Brown, applicant, stated that he was not a realtor, he was a resident of Belgrade. He noted that this would be an investment opportunity if they would be able to build their planned 3- unit dwelling. There was a shortage of housing in our town. He did not agree that renters would bring in a bad element to the neighborhood and he was offended by this type of comment. Another argument was that it might decrease property values and there was not enough parking. Brown noted their plan met the parking requirement. He discussed the need for adding housing in the downtown core to support mixed use buildings. He encouraged redevelopment of existing sites like his. Mayor Nelson opened the public hearing and called for public comment. Christopher Hofstetler, residing on Idaho Street, noted that the subject property was next door to his house. He spoke in opposition to the request and had signed a petition along with others in the neighborhood. He did not want the R4 allowance and felt that rentals would cause problems and decrease property values. He felt the traffic would increase, the lot was too small to provide parking for 6 vehicles and snow removal would be an issue. Chris Putnam, residing on East Missoula Street, spoke about heavy usage of the alley. He noted a lot of kids lived on the block and that lot was too small for 3 units. He did not want so many more residents and was opposed to the project. Liberty Brown, applicant, noted that their proposed plans were done in compliance with City code and space requirements in order to meet specifications. He pointed out that the property was directly across from existing rental units. The R4 zoning would allow for more height and for units up to 2, 200 sq.ft. If his application was not approved, his only other option would be to place a trailer on the lot. This would not be an improvement in his opinion. Mayor Nelson called 2 more times for public comment. There was none and the public hearing was closed. Council discussed the clarification that they did not want to typify or be derogatory toward renters as they were a vital part of the community. Discussion followed about existing zoning the lengthy discussion at the recent Planning Board level as well. Page 4 of 11  Council Member Simon stated that he had also signed the petition and he would be abstaining from the vote. ACTION: Council Member Meis moved to approve Ordinance 2021- 10 upon first reading to adopt the Brown Zoning as proposed by the applicant and set date for public hearing and final adoption for December 20, 2021. Council Member Doyle seconded the motion. Motion failed 4 to 1. Council Members voting aye: Meis Council Members voting no: Cooper, Menicucci, Doyle, Smith Council Members abstaining: Simon PUBLIC HEARING Consider Ordinance 2021- 11 ( first reading) Amending Zoning Code for Building Heights in R- 4 Zones and set date for Final Adoption Planning Director Karp reviewed the request to increase the maximum building height in R-4 zones from 32- feet to 42- feet, and to allow buildings over 42- feet in height as a permitted conditional use in R-4 zones. Karp discussed the past limitations related to fire protection for taller buildings. These concerns had been reviewed by the Fire Department. Such things as availability of a Fire Ladder Truck, better equipment, water storage and improved pressure and hydrants, in addition to requiring sprinkler systems and other life safety precaution improvements supported this allowance. Karp noted that similar text amendments were approved for B zones in 2020 to allow taller buildings upon review for appropriate areas. Karp noted that the Planning Board had voted unanimously to recommend approval of the proposed zoning text amendment for building heights in R- 4 zones. Scott Bechtle, applicant, noted this would add the option for 3 stories. They had no specific project at this time, but it would help planning for projects going forward. Mayor Nelson opened the public hearing and called for public comment. Daniel Francisco, residing on Broken Spur in Bozeman, asked if the stories would be limited to 3 or could it be more as long as it met the limit of 42- foot. Karp confirmed the limit of 42- foot was the main requirement. Mayor Nelson called 2 more times for public comment. There was none and the public hearing was closed. ACTION: Council Member Doyle moved to approve Ordinance 2021- 11 upon first reading to adopt the Zoning Text Amendment for Building Heights in R-4 zones as proposed by the applicant and set date for public hearing and final adoption for December 20, 2021. Council Member Smith seconded the motion. All voted aye, motion carried unanimously. Mayor Nelson announced a change in agenda order and suggested consideration of the Executive Session after the Discussion Agenda items were completed. Council agreed. Page 5 of 11 REPORTS Mayor' s Report Mayor Nelson noted receiving an inquiry from James Malone residing on N. Kennedy Street. Malone was concerned that the flags in front of City Hall were not being cared for and had no lights for viewing at night. Cardwell noted that the Doyle family had recently donated bulbs and staff were working on this need. Mayor Nelson reported that he had attended a meeting along with Ted Barkley, Jim Doer, Bozeman' s mayor and others about formation of a new health advisory board, in view of legislative changes. He discussed the proposed makeup of the board membership to include the County, Bozeman and Belgrade. Council generally agreed with a board made up of 3 members of the county, one member from Bozeman and one member from Belgrade. Mayor Nelson and City Manager Cardwell said more information would be brought back as it became available. City Attorney' s Report— the City Attorney had nothing to report. City Manager' s Report City Manager Cardwell reminded Council about the upcoming Pancake Breakfast for City employees on December 15t and he thanked them for volunteering to help serve. He also announced plans for a reception planned on December 20th in honor of the many years of service and the retirement of Council Members Cooper and Smith. DISCUSSION AGENDA Consider Board Appointment for the Local Water Quality District— Alan English Mayor Nelson recommended appointment of Alan English to serve as the At- Large board representative on behalf of the City of Belgrade for the Gallatin Local Water Quality District. This would be for a 3- year term. Council Member Menicucci noted there is new management of the GLWQD and Mr. English would bring a lot of institutional knowledge. They were happy that he was willing to serve. ACTION: Council Member Cooper moved to approve the appointment of Alan English to serve on the Gallatin Local Water Quality District Board as an At-Large representative. Council Member Smith seconded the motion. All voted aye, motion carried unanimously. Consider Request for Preliminary Plat Approval for Tract 1 of Yellowstone Airport Plaza Planning Director Karp reviewed the application and proposed use for the property. He noted this was not changing the overall plan. They needed the split for financing purposes for low- income housing. The planning board recommended approval, and they had also asked the applicant to address the weed buildup on the property. Page 6 of 11  Matt Ekstrom, representing the applicant, spoke about splitting the lot for Phase 1 and 2. He also noted that they had turned in a weed management plan on Friday and had a contractor on board to take care of weeds. Mayor Nelson called for public comment. There was none. ACTION: Council Member Smith moved to approve granting preliminary plat approval of the Yellowstone Airport Plaza Subsequent Minor Subdivision, and the finding that the subdivision complied with the Belgrade Area Growth Policy, the Montana Subdivision and Platting Act, and the Belgrade City Code, subject to the conditions listed in the staff report. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Consider Resolution 2021- 46 Intent to Consider Annexation ( Langel/ 230 Rock Rd) and set date for public hearing Planning Director Karp noted that the subject property was located north of Frank Road and was adjacent to the Belgrade City limits. He noted this would also be dependent on approval by the State due to an existing septic system. He noted this would fit into plans for the Davis property as well. Karp noted that this future annexation would have to wait for the sewer plant upgrades before they could be connected to City service. The applicant was not present at this meeting but planned to attend the public hearing. Mayor Nelson called for public comment. There was none. ACTION: Council Member Smith moved to approve Resolution 2021- 46 Intent to consider annexation of Tract 3AA of C. O. S. 78C into the City of Belgrade including the adjacent Rock Road right- of-way and set date for public hearing on January 18, 2022. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Consider Improvements Agreement for Cloverleaf Meadows Major Subdivision Planning Director Karp reviewed the proposed Improvements Agreement and cost estimates for the deferred installation of drainage, roads, landscaping, and sidewalks. This property was located on the west side of Bolinger, south of the new school. Karp noted that they had already worked out their portion of costs related to infrastructure and worked it out with the School. He noted that some improvements were required to be complete by 2025 and others were required by 2022. Mike Steinberg, engineer representing the applicant, noted that one agreement covered sidewalks and the other covered pavement, curbs and landscaping. All essential services were in so they could start to pave. He noted that Blackhawk Lane would probably not go through and it was not platted on the east side. The development included 143 total lots with a mix of duplex units in the R3 zone and also single-family units. Mayor Nelson called for public comment. There was none. ACTION: Council Member Smith moved to approve the Improvements Agreement for Cloverleaf Meadows Subdivision to be accompanied by Letters of Credit acceptable to the City in the amounts of$ 389, 390 and $ 232, 641 and complying with the terms of the Improvements Page 7 of 11 Agreement. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. Consider Request for Final Plat Approval for Cloverleaf Meadows Maior Subdivision Planning Director Karp noted that with the approval of the Improvements Agreement, the Council could now consider the Final Plat approval. Mayor Nelson called for public comment. There was none. ACTION: Council Member Menicucci moved to approve of granting fmal plat approval to the Cloverleaf Meadows Subdivision subject to the transmittal of the signed Improvements Agreement and Letters of Credit that are acceptable to the City, finding that all conditions of preliminary plat approval have been met and the subdivision complies with the Montana Subdivision and Platting Act and the Belgrade City Code. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Consider Contract for Low Income Home Water Assistance Program ( LIHWAP) with Montana Department of Public Health and Human Services ( DPHHS) City Manager Cardwell reviewed the program which was created to provide assistance to low- income households to help them pay for water and sewer bills. Households could apply for assistance through a process coordinated with the Low- Income Energy Assistance program ( LIEAP) Council was asked to approve of entering into a contract with the Department of Public Health and Human Services to allow the City of Belgrade to participate in order to receive and provide assistance to income eligible households in the Belgrade area. This was a federal program proposed for use through September 2023 as a result of ARPA funds being made available. Council discussed how this program information would be provided to residents. It was noted that LIEAP already administered a heating cost assistance program so that would help get the word out. The City would also plan to add a message on upcoming utility bills. Mayor Nelson called for public comment. There was none. ACTION: Council Member Meis moved to approve a contract with the DPHHS for the Low- Income Home Water Assistance Program and authorize the City Manager to sign said contract. Council Member Cooper seconded the motion. All voted aye, motion carried unanimously. Consider Appointment of City Court Judge City Manager Cardwell noted that Belgrade' s City Court Judge Breuner had been selected to serve as a District Judge of the Montana 18th Judicial District Court. He congratulated Breuner and noted that this would leave an opening for a new Belgrade City Court Judge. He discussed the recent designation of Belgrade as a Court of Record. This would require election of our judge at the next regular election. For now, Council would need to make an appointment to fill the remaining 2 years of the current term. Page 8 of 11  City Attorney Ramler noted the appointment would be in effect until the next general election in 2023. The City would post the job and conduct interviews with a panel to include at least one member of the Council sitting in. A recommendation for appointment would be brought back to Council for approval. Ramler noted the need to make sure that we were looking long term and that the requirements were met under the Court of Record rules. He noted that the qualifications were open- ended and any person could be appointed for a City Court Judge. Ramler noted that moving to the designation of a Municipal Court would require the qualification of the judge to be a licensed attorney. He suggested keeping that in mind if that was the direction the Council planned to take. City Manager Cardwell suggested requiring the new judge to be a licensed attorney so we would already have the requirement met when the time came. Ramler noted that Belgrade needed a temporary interim judge right away because Breuner' s term as Belgrade Judge would end on 12/ 31/ 21. Ramler suggested appointing the interim judge by the next meeting scheduled for 12/ 20/ 21 so there was no lapse. Cardwell asked who of the Council would like to serve on the interview panel. Council Member Meis volunteered and asked Council Member Menicucci to back him up in case he could not meet the schedule. Mayor Nelson called for public comment. Shelley Morrow, City Court Clerk, stated that as of January 3, 2022 we would have to have a Judge in place with the required Waivers of Training filed before the 3` d. She stated that regulations would not allow using a Temporary Judge that had been working as a substitute judge previously under Breuner. She noted that the Montana Supreme Court suggested that a temporary judge should not be someone who planned to apply for the regular position so they would not be viewed as having undue advantage over the other applicants. Morrow noted they had a full docket with jury trials in the schedule, but Breuner would not be able to assist. Consider Changing City Pay Policy to adjust from Monthly pay to Bi- Weekly pay schedule City Manager Cardwell reviewed the proposed change from a monthly pay schedule to bi- weekly. He planned to implement the new schedule when appropriate, depending on how the dates would fall. The goal was to begin in January of the new year. Mayor Nelson called for public comment. There was none. ACTION:Council Member Menicucci moved to approve the change from monthly to bi- weekly pay schedule. Council Member Cooper seconded the motion. All voted aye, motion carried unanimously. Consider Changes to the City Personnel Policy Pay Grades City Manager Cardwell discussed proposed changes that started with the compensation plan study. He felt the study had some gaps and minor errors. He felt there was room for improvement and more corrections would be proposed. No specific plans were included in the budget for pay changes at this point. He felt we needed a plan that provided a larger range. He wanted it to be easier for Page 9 of 11 employees to see where they were going and where they would cap out. Cardwell noted plans to revise some categories this year and the rest next year. He also wanted to provide an updated organizational structure summary for the Police and Public Works departments. Police Chief Lensing gave an overview of organizational changes planned for his department based on staff numbers approved for right now. He noted that the current shifts of four 10- hour days were not providing consistent coverage. They planned to move to a 12- hour shift pattern for better coverage and to reduce unscheduled overtime. They would also promote two more officers to serve as Sergeants to provide consistent supervision. Public Works Director Klotz noted that public works operators were typically hired with the expectation that they would achieve certification in water and wastewater applications. Klotz noted that it was becoming harder to have someone fully certified in all areas, including proficiency in the areas of Parks and Street maintenance. Right now, everyone was cross trained. As our system continued to grow, and with the changes to the processes being implemented with the new treatment plant and other upgrades, Klotz said it could take an operator up to four years to achieve full certification. Due to these widely varying duties, Klotz proposed splitting PW into three specific divisions to include Water, Wastewater and Streets/ Parks, each having a designated Foreman with support staff. Klotz felt this plan would help each crew to focus and achieve proficiency in more specific duties. PW staffing levels were at 10 people and he anticipated hiring from 4 to 6 more staff to be able to support current needs along with the upgraded treatment plant. Cross training would be done as needed. City Manager Cardwell said he planned to share the compensation study with staff so they could review it and have discussion. He would bring back a proposal to Council after discussion with Finance staff. Mayor Nelson called for public comment. Kaye Trevarthen, residing on Melissa Way, was in favor of the pay grade improvements. She appreciated working with City staff and she commended the Police and Public Works staff for their efforts and plans. ACTION: Council Menicucci moved to authorize the City Manager to implement a pay grade system change. Council Member Smith seconded the motion. All voted aye, motion carried unanimously. EXECUTIVE SESSION— Update regarding potential legal issues At 9: 22pm, Mayor Nelson called for Executive Session and closed this portion of the discussion pursuant to MCA Sec.2- 3- 203 to discuss a strategy to be followed with respect to potential litigation when an open meeting would have a detrimental effect on the litigating position of the City. Those remaining in chambers included all Council members, Mayor Nelson, City Manager Cardwell, City Attorney Ramler, City Clerk Caldwell and Executive Assistant Jambor. All other attendees were asked to wait outside until the main session was reopened. Audio and video feeds were temporarily disengaged for those attending via zoom. Page 10 of 11  At 9: 57pm, the Mayor reopened the session, invited all attendees back into the Council chambers and re- engaged audio and video feed via zoom. CONSENT AGENDA Pledged Securities for November 2021 Holiday Closure List for Calendar Year 2022 Council and Advisory Board Meeting Schedule for Calendar Year 2022 City Manager Cardwell requested to pull the Holiday Closure List and the Meeting Schedule from the consent item list as he wished to review it and bring it back at a future meeting. ACTION: Council Member Cooper moved to approve the Pledged Securities for November 2021. Council Member Meis seconded the motion. All voted aye, motion carried unanimously. FOR YOUR INFORMATION Council Member Smith had nothing to report Council Member Doyle thanked Public Works Director Klotz for having the new light bulbs installed to shine on the flags in front of City Hall. He noted that one bulb was still not lighting and would need additional attention. Council Member Menicucci reported an upcoming project of the Water Quality Board to check small streams around trailer parks and how the water comes into Belgrade' s system. Council Member Simon reported that he would not be able to attend the next Park Board meeting. He also discussed recent meetings at the County level regarding weed management. He thought they would be approaching Belgrade and Bozeman to join into the discussion. Council Member Meis reported on recent meeting with Northwestern Energy' s local leadership, Cardwell, Klotz, Karp and Eastwood from the City. Meis felt this was a good way get to know each other and keep good communications open. Meis reported on hanging of Christmas lights and he appreciated all who assisted. It went well. Council complimented on how the lights were looking around town. Council Member Cooper asked about impact fees on 2 buildings outside of the airport. Cardwell said he would check on it. A OVRN SEAL C® uneil Member Smith moved to adjourn the g at 10: 09pm. Russell C. Nelson, Mayor Attest: am Susan Caldwell, City Clerk Page 11 of 11