Belgrade City Council

CITY OF BELGRADE COUNCIL MEETING MINUTES COUNCIL CHAMBERS February 7, 2022 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 Martha Sellers, Mike Meis, Jim Simon, Kristine Menicucci, Jim Doyle and Renae Mattimoe. City staff in attendance were City Manager Neil Cardwell, City Attorney Rick Ramler, City Clerk Susan Caldwell, Executive Assistant Dana Jambor, Police Chief Dustin Lensing, Planning Director Jason Karp, City Engineer Tom Eastwood, Fire Chief Greg Tryon and HR Director Sherry Brown. City staff in attendance via zoom was Finance Officer Diane Eagleson. Others in attendance were Judy Doyle, Vivian Crouse, Kent Marceles, Mike DeVries and Ross Smart. Others in attendance via zoom were Alix Provance, Diana Setterberg, Eric Wohl, Josh Smith, Kaye Trevarthen, Mike Fasting, Nicole Cardwell, Rachel Lensing, Todd Waller and Debbie Cuyle. PUBLIC FORUM Mayor Nelson called three times for public comment. There being none, public forum was closed. PUBLIC HEARING Consider Conditional Use Permit for Kennel/ Dog Training Business— Training with Play, LLC City Planning Director Karp reviewed the request by Patrick Wander for a dog training facility in the Industrial Park building, west of Madison Brewery. Karp noted that the space had been empty for quite some time. The Planning Board had unanimously voted to recommend approval. The applicant was working with adjoining property owners and tenants and letters of support were included. Animal control and fire marshal inspections were done. They felt it could be made suitable and was adaptable for this use. Barking of dogs would not impact residential properties because the property faced Frontage Road and railroad tracks were on the other side giving further buffer between residences. Mayor Nelson opened the public hearing and called for public comment. There was none and the public hearing was closed. ACTION: Council Member Meis moved to approve the Conditional Use Permit to allow for a Commercial Kennel in the M- 1 Commercial Light Manufacturing District. Council Member Simon seconded the motion. Motion carried unanimously. PUBLIC HEARING Page 1of10 Consider Resolution 2022- 7 to Adopt the West Post Plan as Amendment to Belgrade Growth Policy Planning Director Karp noted that the Resolution of Intent had passed unanimously and was also recommended for approval by the Planning Board. It was scheduled to go before Gallatin County Commissioners. The property was annexed in 2013 and covered approximately 238 acres. Kent Marsalis, representing the applicant, was available for questions. Mayor Nelson opened the public hearing and called for public comment. There was none and the public hearing was closed. ACTION: Council Member Simon moved to approve Resolution 2022- 7 adopting the West Post Plan as an amendment to the Belgrade Growth Policy. Council Member Sellers seconded the motion. All voted aye, motion carried unanimously. REPORTS Mayor Nelson discussed his recent meeting with the County and Bozeman regarding the Board of Health. He also discussed the recent fire that engulfed a grain elevator and thanked the various agencies for assisting the Central Valley Fire District, including our police department, our public works staff, people from as far as Livingston and Big Sky. City Attorney Ramler had nothing to report. City Manager Cardwell introduced Acting Fire Chief Tryon to give further details on the grain elevator incident. Acting Fire Chief Tryon reported that all together, this fire involved 7 fire departments, 21 units, 3 police departments and the Sherriff' s department to help keep people safe, and 2 emergency medical service ( EMS) units. Belgrade Public Works staff helped while water was pumping at 10, 000 gallons per minutes, for hours. Their efforts kept the supply coming. Senator Tester also checked in to see what could be done. Tryon noted that Rocky Mountain Supply who was located right next door, was probably the initial caller. There were gracious to allow use of their property for a command center. This was a 102- year old building. Tryon was impressed that they were able to turn the building back over to the owner the next day. He noted that the fire investigation was ongoing so they were not sure what caused it. They were able to see where it started and first sense was that it was accidental. Tryon noted that it was a great opportunity to practice protocols for an emergency situation. He was very impressed with the mutual aid that was put into action. DISCUSSION AGENDA Consider Revised Sanitary Sewer Force Main DNRC Easement Application City Manager Cardwell noted the need to refile this easement based on the standard 30 ft width. Mayor Nelson called for public comment. There was none. ACTION: Council Member Menicucci moved to approve of the revised application for right-of-way easement for utilities located on State owned land and authorize the City Manager Page 2 of 10 to sign said application. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. Consider Ordinance 2022- 1 ( first reading) Zone Map Amendment to zone Yellow Iron Property and set date for Public Hearing Planning Director Karp noted this property was located at the SW corner of Jackrabbit Lane and Frank Road. He noted it was mostly a commercial project with a small amount of R4 Residential and Ml. Karp noted that the Planning Board had unanimously recommended approval. Josh Smith, engineer representing the applicant, discussed the proposed zoning in line with the Growth Policy. He noted access to Frank Road from the north and Jackrabbit Lane to the east. The goal was to provide a level of transition and to blend into the proposed development to the south while providing some affordable housing options. He noted this was very early in the planning process and they were working with all entities regarding access points. Mayor Nelson called for public comment. There was none. ACTION: Council Member Doyle moved to approve Ordinance 2022- 1 upon first reading, to adopt the Yellow Iron Zoning as proposed by the applicant and as shown on the map attached to the Ordinance as Exhibit A, and set the date for public hearing on February 22, 2022. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. Consider Ordinance 2022- 2 ( first reading) Zone Map Amendment to zone Jackrabbit Crossing Property and set date for Public Hearing Planning Director Karp noted that this property had been sold and the developers were ready to annex. This was contiguous to the Yellow Iron property and they were using the same engineering firm. Proposed zoning was R4 Residential, B2 Business and M1 Manufacturing. Karp noted there was a lot of shopping and retail along Jackrabbit Lane frontage and more residential toward the west. The R4 zoning would give them options, although they had said they were not planning for 4- plexs. The developers had stated their commitment to working with the surrounding neighbors and Karp felt they may be reducing the perimeter to R3. Access would have to be worked out with Montana Department of Transportation (MDOT) and there would be discussions with the ditch companies in the area. Karp noted that the Planning Board had voted 5- 1 in favor of approval. Josh Smith, engineer representing the developer, noted this property was directly south of the Yellow Iron property. Proposed zoning would include 91 acres of B2 Business, 22 acres of M1 Manufacturing and 60 acres of R4 Residential proposed along the western edge to provide a transition buffer and more affordable housing. The R4 option gave the developers flexibility as to what would be built. Council inquired about park land dedication in the residential area. Karp confirmed that the developers knew they would have to bring their recommendations to the Park Board for consideration. They would be required to meet City and State regulations related to park land. Mayor Nelson called for public comment. There was none. Page 3 of 10 ACTION: Council Member Meis moved to approve Ordinance 2022- 2 upon first reading, to adopt the Jackrabbit Crossing Zoning as proposed by the applicant and shown on the map attached as Exhibit A and set date for public hearing on February 22, 2022. Council Member Simon seconded the motion. All voted aye, motion carried unanimously Consider Resolution 2022- 8 Intent to Annex JLD Minor Subdivision Tracts 2- 5 and set date for Public Hearing Planning Director Karp noted these parcels were located near the Ashton Meadows subdivision north ofthe new Story Creek Elementary School. The largest tract" 1" had already been annexed. Remaining parcels had development proposals in place now so the next step would be to annex them to start the process of how to serve them. The Four Graces property was adjacent and would go along with the expected annexations coming in the future. Karp recommended changing the public hearing date to March 21, 2022 instead of April. This would also be the date that Council would consider the proposed service plan and final annexation. Mike DeVries, developer, was in attendance and available for questions. Mayor Nelson called for public comment. There was none. ACTION: Council Member Menicucci moved to approve Resolution 2022- 8 Intent to consider annexation of Tracts 2- 5 of JLD Minor Subdivision located in the East '/ of Section 27, TIN, R4E, into the City of Belgrade and set date for public hearing and consideration of the service plan on March 21, 2022. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. Consider Ordinance 2022- 3 ( first reading) Marijuana Overlay District and set date for public hearing City Planning Director Karp noted this draft was done by City Attorney Ramler with input from the Police Chief, Planning Director and by comparing similar language from other city ordinances. Karp noted that in 2010 Belgrade prohibited use inside city limits, however, Gallatin County had now passed approval of recreational use. The proposed ordinance would provide reasonable regulation so Belgrade could get in front of any legal challenges. It would allow sale in Business zones, production, growth and testing in Manufacturing zones. A permit from the City would be required along with State approval. These business would not be allowed within 500 feet of residences, churches or Lewis & Clark Park and would mostly be allowed in industrial park areas. The 500 foot rule was consistent with liquor laws and with state laws. Karp noted the information was reviewed by some current providers but there had been little to no comments. He noted there was no public comment at the recent Planning Board meeting on this subject. Discussion followed about dispensaries and the need to identify underlying zoning. Dispensaries should be in B2, B3 and B10 zoning areas so that portion would need to be finetuned. City Manager Cardwell said he had spoken to City of Bozeman staff about their experience and they said to prepare ourselves for more cash transactions. Vendors are required to be a medical provider right now and still have to go through the State for a license as well as obtaining a City license. On July 1, 2023, anyone can apply to the Department of Revenue ( DOR) for a permit to sell, then apply through the City. Page 4 of 10  Karp noted the ability to vote in a 3% revenue on top, which could be of interest for a revenue stream, and suggested that the Planning Coordinating Committee ( PCC) could make a recommendation. Council Member Meis said they had a meeting scheduled this week. He felt it should be considered, get it onto the ballot, and then the 3% optional sales tax on marijuana could be used for things like trails. Police Chief Lensing appreciated working with the City Attorney and Planning department to put this draft together. Marijuana was a lucrative, high cash business so that brought concerns in connection with burglaries, robberies and increased security measures. Mayor Nelson called for public comment. Kay Trevarthen, residing on Melissa Way, asked about whether use would be allowed in other park areas and noted a commercial facility off Baseline Road near the park in her neighborhood. She also wanted to know how the law on recreational use would apply if someone wanted to grow it for their own use. Karp noted that Lewis & Clark Park was specifically designated, however, the 500 foot rule would preclude any business on Baseline Road because of all the residences in the area. City Attorney Ramler noted this ordinance only addressed Marijuana businesses. Judy Doyle, residing on Drummond, thanked them for the 500 foot requirement and felt it was a good protection. Karp clarified the way the distance was measured. Liquor rules called for a 500 foot measure along the street, but Marijuana was measured using a 500 foot radius in all directions. Ross Martin, vendor and cultivator located in the industrial park, stated his appreciation for the way the ordinance was drafted. He felt it was workable and reasonable. Vivian Crouse, residing in Belgrade, asked if the 500 foot rule would also apply to medical marijuana facilities. Karp noted that the residential situations would still come into play and it would have to be reviewed. ACTION: Council Member Sellers moved to approve Ordinance 2022- 3 upon first reading to create a Marijuana Overlay District within the City of Belgrade' s Zoning Jurisdiction and set a date for public hearing and final adoption on February 22, 2022. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously Consider Ordinance 2022- 4 ( first reading) Amending City Code regarding Marijuana Use and Display and set date for public hearing City Attorney Rick Ramler noted the amendments were needed since we were including all marijuana use, not just medical. This would not regulate the sale of marijuana, but it would regulate use and display. Mayor Nelson called for public comment. Page 5 of 10  Kaye Trevarthen, residing on Melissa Way, asked what the ordinance was proposing. Ramler said it basically prohibited public use of marijuana. ACTION: Council Member Menicucci moved to approve Ordinance 2022- 4 upon first reading to amend Title 4, Chapter 5 of the City Code of the City of Belgrade, regulating the public use and display of Marijuana, and set a date for a public hearing and final adoption on February 22, 2022. Council Member Simon seconded the motion. All voted aye, motion carried unanimously Consider Resolution 2022- 9 Authorizing use of Alternative Project Delivery Contract- Library Project City Manager Cardwell noted this would allow the City to move forward with obtaining a contractor to coordinate with the architects and help us obtain the best value, and to assist the City with putting out requests for all related bids. Discussion followed about who would be on the selection panel. Cardwell said the review team would include himself, the architect, city attorney and operations manager. They would then present to staff as a recommendation to Council for approval. Mayor Nelson called for public comment. There was none. ACTION: Council Member Simon moved to adopt Resolution 2022- 9 authorizing use of an Alternative Project Delivery Contract for a general contractor/ construction manager for pre- construction and construction services for the design and construction of the new Belgrade Public Library and Community Center. Council Member Sellers seconded the motion. All voted aye, motion carried unanimously Consider Remote Participation Options for City Council and Advisory Board Meetings City Manager Cardwell noted that we had several boards and commissions meetings and that Covidl9 had impacted how meetings were conducted. We did not have a standard set for this situation. He discussed the various scenarios including the process being used at this meeting where the public was attending in person and also had the option of participating remotely via Zoom video platform. He noted that prior to the pandemic, the traditional manner of participation was to attend in person, give a verbal statement and/ or submit a written letter. Cardwell discussed the need for standardization so staff would have a clearer understanding of how to proceed and convey this to the public. He noted the need for a significant staffing component in order to provide zoom coverage because it took at least 2 people to run a hybrid meeting. Not every commission board had that number of staff available at this time. We would plan accordingly to fill the need if Council chose to continue this option. Cardwell noted efforts to move forward with upgrading to a streaming system in the Council chambers and noted there were always pros and cons. Discussion followed about streaming all meetings or only those held in the chambers. Cardwell noted that other meetings such as Library Board could be moved to the chambers to be able to stream. Page 6 of 10  Mayor Nelson felt that the Council meeting was the main event that needed to be streamed. Council Member Sellers didn' t think the other boards needed to be as involved as Council. She felt that requiring extra staff would be wasted on Library meetings. Cardwell clarified that Council could have its own standard and other boards could be separate. He noted that the Planning Board was using the hybrid setting similar to Council and they had sufficient staff to be able to cover this need. None of the other boards were using zoom, unless due to specific circumstances. Cardwell expected increased interest in additional access to the Park Board meetings going forward. The City had been requiring in person and/ or written comments to participate in the other boards that were not using Zoom. Discussion followed about continuing the hybrid meetings for Council and Planning and leaving the other boards unchanged. Planning Director Karp noted that during the first part of the pandemic lockdown, Planning Board had met only via Zoom all the way through January of 2022. His staff had done well at coordinating the process. Karp noted that developers, applicants and the public had continued to take advantage of the video option for participation. They also had board members connecting from a distance so they were able to maintain a quorum. He noted that the County Commission was using the same process and he felt it would be worthwhile to continue. Regarding the Board of Adjustment, Karp noted this was a small group that only met as needed. Council Member Sellers did not like to make staff work when not really needed, but felt there should not be a final decision yet. She wanted to see how the streaming service operated for a month. Council Member Mattimoe noted that the Park Board also met via zoom only during the pandemic shutdown, but they went back to traditional in person only as soon as mandatory requirements were lifted. Council Member Simon felt it was hard to achieve a quorum at times. He didn' t see a reason to continue to burden the staff to provide the hybrid component every time, except for a few urgent items a couple times per year. He liked the option to be able to log on and comment via zoom. He felt that Council and Planning should be the only meetings offering a hybrid option. Council Member Meis felt that zoom was being overused. He wanted to see people and applicants attending in person. A video was good for the record, but he preferred in person. Mayor Nelson generally agreed with the preference for in person meetings. He wanted to see the City use a streaming service and not have to deal with the Zoom platform since the pandemic situation had changed. Cardwell noted that progress was being made to move to a streaming option. Council and Planning Board meeting would be run with directed cameras. Other boards would be via wide angle shots of the dais. The Library board could be streamed from the council chambers. Council Member Sellers asked if this process would work with current staffing availability and Cardwell confirmed it would. Page 7 of 10  Mayor Nelson called for public comment. Kaye Trevarthen stated her appreciation to attend the council meetings via remote connection on a regular basis, not just for hot button issues. She hoped to continue because it gave an opportunity to people to participate and listen even if they have children at home. She thanked them for their consideration. Debbie Cuyle, residing on Melissa Way, stated her desire to continue the Zoom remote option and felt the City would get a lot more public attendance if they continued this option. It was a service used by many public entities. Cardwell asked for a motion to state Council' s desired action for setting a standard and to state if they wanted a specific time frame to revisit the discussion. ACTION: Council Member Sellers moved, that from now to when it is discussed again, remote participation options will be available for Council and City County Planning Board meetings with zoom available for people who request it, and revisit the discussion at an appropriate time to be set by the City Manager. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. Consider City County Health Board Interlocal Agreement City Manager Cardwell noted their recent meeting with a quorum of Bozeman, Belgrade and Gallatin County where a lot of input was received. From our perspective it was important for Belgrade to participate. He recommended Council to allow himself and Mayor Nelson to represent the City as they continued negotiations during the upcoming final discussions. The agreement would then be brought back to Council for approval. Discussion followed about the proposed makeup of the governing body. Mayor Nelson thought the number would be 9, 3 from each entity, 1 from each being an elected official and part of the Health board. Mayor Nelson called for public comment. There was none. ACTION: Council Member Menicucci moved to authorize Mayor Nelson and City Manager Cardwell to represent the City of Belgrade to further negotiate participation in the Interlocal agreement with the City County Health Board. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Contract for Audit Services for Fiscal Year Ending 6/ 30/ 2021 — Amatics CPA Group City Manager Cardwell noted that the City had been using the services of the Amatics CPA Group for several years. We had received more than $ 750, 000 in federal funds so we now have to do a single audit. Some of the reporting was overdue so this would move things forward. Cardwell noted that our due date had been extended to September 2022, but it would probably be done in April 2022. Mayor Nelson called for public comment. There was none. Page 8 of 10  ACTION: Council Member Sellers moved to approve of the Contract for Audit Services for fiscal year ending 6/ 30/ 2021 with Amatics CPA Group. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Consider Resolution 2022- 10 calling for Mail Ballot Election for Amending the City Charter to Modify the Salaries for the City Council and Mayor City Attorney Ramler explained that the election date previously selected was not allowed per notification by our County Election officials. Since it was not a question related to funding, it would have to run in conjunction with the regular Primary election in June or with the General Election running in November. Mayor Nelson called for public comment. There was none. ACTION: Council Member Menicucci moved to approve Resolution 2022- 10 to place the question on the Ballot on June 7th ( date of election) for approval or disapproval by the electors of the City of Belgrade, an ordinance to amend the charter of the City of Belgrade to modify the salaries for the City Council Members and Mayor and to provide that future modifications to the salary of the Mayor and City Council Members be made by Ordinance. Council Member Sellers seconded the motion. All voted aye, motion carried unanimously CONSENT AGENDA Pledged Securities for January 2022 ACTION: Council Member Doyle moved to approve all Consent Agenda items as submitted. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. EXECUTIVE SESSION At 8: 58pm Mayor Nelson called for an Executive Session regarding an update on potential legal issues and asked those of the public in attendance to vacate the Chambers. At 9: 40pm Mayor Nelson closed the Executive Session and reopened the regular meeting. ACTION: Council Member Sellers moved to approve of pursuing mediation efforts and to appoint Mayor Nelson, Council Member Meis and Council Member Doyle to represent the City during upcoming mediation discussions with Strategic Construction Solutions ( SCS) and legal staff. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. FOR YOUR INFORMATION Council Member Mattimoe had nothing to report. Council Member Doyle asked how the update of the City codes was progressing. Cardwell noted that Ted Barkley and another consultant were working on code review. He noted that Page 9 of 10 architectural code revisions would probably be among the first to come through in the next few months. Council Member Menicucci reported ongoing efforts by the Gallatin Water Quality District near the Milesnick property and noted that the legislature had changed nutrient counts and levels. Council Member Simon noted positive comments from citizens as it seemed we were putting more sand and salt at intersections, so that was helpful. Council Member Meis reported on an upcoming PCC meeting at 3pm at the Courthouse in Bozeman and it would also be available via zoom. Council Member Sellers reported that the Library had decided to stop assessing past fines on books and focus more on just getting the books turned back in. She inquired if there would be any carpooling to Helena for the schedule planning retreat and if mileage reimbursement was provided. Cardwell confirmed that mileage was reimbursable and the session would be from 9am to 5pm. ADJOURN Council Member Simon moved to adjourn the meeting at 9: 49pm. 71/ 14,.. Russell C. Nelson, Mayor Susan Caldwell, City Clerk Page 10 of 10