Belgrade City Council

BELGRADE CITY COUNCIL MEETING MINUTES Council Chambers December 20, 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, 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. City Staff in attendance via Zoom video were Finance Officer Diane Eagleson, City Engineer Tom Eastwood, Public Works Director Steve Klotz, HR Director Sherry Brown, Acting Fire Chief Greg Tryon. Others in attendance were Melissa Sorenson, Vivian Crouse, Judy Doyle, Renae Mattimoe. Others in attendance via Zoom video were Nicole Cardwell, Matt Cotterman, Alex, Diana Setterberg, Josh Smith, Martha Sellers, Dale Mailey, Renae Harris. PUBLIC FORUM Mayor Nelson opened the public forum and called 3 times for public comment. There was none and the public forum was closed. PUBLIC HEARING Consider Resolution 2021- 47 Final Adoption of the Yellow Iron Plan as an amendment to the Belgrade Growth Policy Planning Director Karp reviewed the application and noted the property was located 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. Josh Smith, engineer representing the applicant, said he was available for questions. 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 Smith moved to approve Resolution 2021- 47 to finally adopt the Yellow Iron Plan as an amendment to the Belgrade Growth Policy. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Page 1 of 7 PUBLIC HEARING Consider Ordinance 2021- 9 ( second reading) Zone Map Amendment to zone 225 Bolinger Rd Sorensen) from B- 2 to M- 1 Planning Director Karp reviewed the proposed amendment to change the zoning of the subject property from B- 2 to M- 1. He discussed the 10- acre site located north of the Veterinary' s clinic and noted that the applicant might consider building storage units on a portion of the property. Karp noted that the Planning Board had voted unanimously to recommend approval of the amended zoning as requested by the applicant. The property was not currently annexed. Melissa Sorenson, property owner, was in attendance and available for questions. 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 Doyle moved to approve Ordinance 2021- 9 upon second reading to amend the zoning at 225 Bolinger Road from B2 to M1 as recommended by the Planning Board and requested by the applicant. Council Member Menicucci seconded the motion. All voted aye, motion carried unanimously. PUBLIC HEARING Consider Ordinance 2021- 11 ( second reading) Amending Zoning Code for Building Heights in R- 4 Zones Planning Director Karp reviewed the request to increase the maximum building height in R- 4 zones to 42 feet, and to allow buildings over 42 feet in height as a permitted conditional use in R- 4 zones. 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. This amendment was requested by Bechtel Architects. It was not tied to any specific project at this time. City Manager Cardwell added that cities naturally grow upward so we may be visiting this again. Fire protection used to be only as high as your ladder truck, but with updates now we have better fire safety. Karp noted the need to maintain good communication with the airport nearby in terms of building heights. He compared it to the water towers which did not pose any problems. 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 Simon moved to approve Ordinance 2021- 11 upon second reading to adopt the Zoning Text Amendment for Building Heights in R-4 zones as proposed by the applicant. Council Member Meis seconded the motion. All voted aye, motion carried unanimously. Page 2 of 7 REPORTS Mayor' s Report— the Mayor had nothing to report. City Attorney' s Report— the City Attorney had nothing to report. City Manager' s Report City Manager Cardwell thanked retiring Council Members Cooper and Smith for their many years of service to the City. Cardwell reported that the staff Pancake Breakfast had been a success and was well received. He looked forward to next time and noted that about 50 members of staff participated. His goal for next year was to have more off-duty officers participate as well. Cardwell reported that our funding agencies that were working with us on the Wastewater Reclamation upgrade project had notified us that the sewer rates would most likely need to be increased due to the overall increase in project costs. Cardwell would bring back more information to discuss at the January meetings. Discussion followed about use of impact fees toward the costs. DISCUSSION AGENDA Consider Reimbursement Request for a Water Main Upsize— Bridger Heights Phase 1 Karp reviewed the request submitted by the developer. He noted the reports had been reviewed by the City engineer and Public Works staff. The reimbursement would be $ 71, 825. Staff recommended granting the request. Mayor Nelson called for public comment. There was none. ACTION: Council Member Meis moved to approve the Request for Reimbursement to Rosa- Johnson Development, LLC, for the water main upsizing within Cruiser Lane and 13th Street associated with Bridger Heights Subdivision Phase 1 in the amount of$ 71, 825. 00. Council Member Cooper seconded the motion. All voted aye, motion carried unanimously. Consider Application for Right of Way Easement for Utilities on State Owned Land Karp noted this was related to the Yellow Iron plan. It had been determined that the best way to serve it was over the back of the State land near Quality Inn. This would allow running pipe along Frank Road to get to the Yellow Iron property. This would be a City easement. The City Engineer and Public Works staff had reviewed the agreement and recommended approval to move forward. Karp noted this would trigger more development along that area which was a positive. It would be a fairly large service line going south along Jackrabbit. The State was also marketing for development on their land. Mayor Nelson called for public comment. There was none. Page 3 of 7  ACTION: Council Member Menicucci moved to approve the Application and Agreement for a Right of Way Easement for Utilities on State Owned Land ( W %, SE '/, Sec 11, T1S, R4E, P.M. M.) for submittal to Montana DNRC to serve the proposed Yellow Iron and Jackrabbit Crossing Subdivisions and authorize the City Manager to sign said agreement. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. Consider Request for Final Plat Approval for the JLD Minor Subdivision Planning Director Karp reviewed the subject property as being approximately 222 acres, straight north of the new Story Creek school. He noted that only Track 1 was in City limits, so Gallatin County would also need to consider final plat approval. Ashton Meadows subdivision was being proposed in Track 1. The road on Track 5 would become a City street with other upgrades. Karp noted that roads were at minimum requirements at this point but would be brought up to full specifications at a future time in the process. Matt Cotterman, engineer representing the applicant, said he was present to answer questions. Mayor Nelson called for public comment. There was none. ACTION: Council Member Meis moved to approve and grant Final Plat Approval to the JLD Minor Subdivision finding that all conditions of preliminary plat approval had been met and the subdivision complied with the Montana Subdivision and Platting Act and the Belgrade City Code. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Discuss Belgrade Senior Center City Manager Cardwell noted plans to meet with Senior Center staff in January based on direction from Council. He noted that his review of their financials showed that the current Director had been doing a great job, but it was an ongoing challenge. They were seeking more structure that they felt the City could provide. Coming under the City' s direction could assist with recruitment, retention and would open up the potential for additional programing. Cardwell felt that the impact to the City would be minimal. Existing funding sources and endowments could be rolled into the budget and would help with personnel costs. Cardwell noted another option for long term consideration could include a special district or overlay district to expand funding, similar to plans for a parks district. Council agreed it should be rolled under the City going forward and asked about next steps in the process. Cardwell noted he would discuss it with their Board, then they would need to make a motion to authorize their director to negotiate with the City Manager and City Attorney to bring a resolution before the Council. This would include moving the land back under the City' s ownership and designating a date when Senior Center staff would become City employees. Discussion followed about property along Dry Creek Road. Karp noted that the property was owned by Montana Department of Transportation( MDT) and they would need to abandon it so the City could take it over. This was the case on some sections of Broadway as well. Public Works Director Klotz noted that he planned on bringing the subject up at their meeting this week with MDT to clarify the right- of-way sections in question. Page 4of7 Discuss Draft Marijuana Ordinance Planning Director Karp noted that the draft document that he had provided, along with additional materials, were for Council' s review. Karp noted the need for further discussion to take place so that Council could direct staff on how they might wish to proceed. No formal motions or adoptions were being sought at this time. Karp noted that this information was based on a previous ordinance from 2010 with fresh definitions, also similar wording from City of Bozeman codes, and an overlay ordinance for our commercial districts. Dispensaries would be in the B zone, growing would be in the M zones. There was also some info from Kelly Lynch, legal counsel with Montana League of Cities and Towns ( MLCT). Karp noted that Belgrade had not changed the zoning, we did not allow it due to being prohibited by federal law. Since voters had passed recreational use, the case law was different. He noted that the Planning Board would consider this at their meeting at the end of January. Karp said our zoning codes need to be clarified. Right now, the code required a distance of 500 ft away from residences and schools. He noted that City staff were taking an increased number of calls inquiring about the new allowances. City Attorney Ramler noted that there were several categories of businesses, cultivators, manufacturers, testing labs and facilities. These seem suited to the M district. He commented that Store Fronts were of interest as to what district would be appropriate. Perhaps it could be similar to alcohol allowance in a B1 district with a similar 500- foot space ruling, which was also in State statute. Ramler noted that recreational use would be legal as of January 1 st. He noted that within the first 18 months, only those with a medical marijuana license could sell. Thus far, Belgrade had no existing dispensaries inside City limits. He noted that there was also a local option for a tax that still needed to be voted on and set by Gallatin County. Police Chief Lensing discussed the voters' decision in regard to marijuana. He felt the City would need to prepare for a multitude of issues including rules about signage and marketing practices. Council would need to evaluate medical marijuana to include recreational use and display as well. He noted its ties to drug use, impaired driving, public consumption on City rights- of-ways, along with chronic crime surrounding these types of cash businesses. It was noted that inspections are considered a State function falling under the Montana Department of Health and Human Services. Law enforcement would not be involved. Cardwell and Ramler discussed how the new legislation would affect enforcement upon City staff and not allowing use by those driving equipment and as CDL license holders. Ramler noted it could be required for employees to remain un- impaired. Lensing discussed a testing standard for detection to determine the influence/ impairment due to THC. Mayor Nelson called for public comment. There was none. Discuss and Set Date for 2022 Council Planning Retreat City Manager Cardwell discussed plans to hold the annual Council Planning Retreat on February 15, 2022. Page 5 of 7  ACTION: Council Member Simon moved to approve of setting the date of a Council Planning Retreat on February 15, 2022. Council Member Meis seconded the motion. All voted aye, motion carried unanimously. 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 noted that Council Member Cooper had asked to allow City staff to have an additional day off in honor of Christmas Eve. This was proposed as an additional day of closure and to designate it as a paid holiday for City employees. He noted that if this was approved for 2021, Christmas Eve would be observed on Thursday, December 23rd and Christmas Day would be observed on Friday, December 24th. For 2022, Christmas Eve would be observed on Friday, December 23rd and Christmas Day would be observed on Monday, December 26th. ACTION: Council Member Cooper moved to approve the pledged securities, the Holiday Closure List for 2022 and the Council/ Advisory Board Meeting Schedule for 2022, including the new designation of Christmas Eve as a City Holiday beginning December 2021. Council Member Menicucci seconded the motion. All voted aye, motion carried unanimously. Council Member Doyle asked why there was no rotation specified for an attendee of the Fire Board in 2022. Cardwell noted the thought to appoint one person to represent Council for the year. FOR YOUR INFORMATION Council Member Smith reported attending the Fire Board. It was a packed house due to considerations regarding the Fire Chief. There would be more information coming in January. They had purchased 2 new engines. Council Member Doyle reported that he had received an email about neighbors making noise and asked if Council was interested in considering rules about noise in Belgrade. Cardwell confirmed he was looking into sample ordinances to bring back to council. Council Member Menicucci asked if Cardwell had looked at setting speed zones in school areas. Cardwell noted having conversations with the Police Chief and they both wanted to work toward standardization going forward. Council Member Simon was out of town for park board meeting, but he was told it was a short meeting.They talked about the ice rink and working on pump track plans. Simon said the truck convoy of lights was awesome. People along Quaws Blvd had lined up with fire pits and everyone enjoyed it. He stated his appreciation for all the volunteers. Council Member Meis gave an update on the last PCC meeting. Attendees included MDT, Gallatin County, Bozeman and Belgrade. Belgrade had the most comments contributed. One thing of concern was MDT' s commitment with moving forward on Belgrade' s urban projects and frontage Road. They had a contract with M& M on the underpass, but no firm commitment on when it would happen. Cardwell noted this would be brought up at the monthly meeting with MDT tomorrow. Page 6 of 7  Council Member Cooper had nothing to report. Mayor Nelson thanked Council Members Cooper and Smith for all their years of service. ADJOURN Council Member Smith moved to adjourn the meeting at 8: 29 pm. Russell C. Nelson, Mayor Attest: Gtr Ce4- 112(- eP 4-> e..- Susan Caldwell, City Clerk Page 7 of 7