Belgrade City Council

CITY OF BELGRADE COUNCIL MEETING MINUTES COUNCIL CHAMBERS October 17, 2022 7: 00 PM This meeting was open to the public and attended in person. 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, Finance Director Charity Wilson, Public Works Director Steve Klotz, Police Chief Dustin Lensing, Operations Manager James Percival. Others in attendance were Lissa Barrett, Annette Stenger, Kara Haskell, Nick Haskell, Josh Kantor, Angela Kantor, Darren Zap, Chris Macecsko, Judy Doyle, Sheila D' Amico, Edwin Appleton, Scott Mueller, Laine Powell, Marcus Smith, Beth Insolatain, Mike Weiner, Nick Sorensen, Kelly Euwena, Charles Euwema, Kyle Wardell, Sarah Wardell, Vivian Crouse, Steve Malby, Darcel Vaughn, Jeff Massys, Linda Massys, Karen Davis, Mike Romeo PUBLIC FORUM Mayor Nelson called three times for public comment. There was none. CONSENT AGENDA Council Minutes for meetings on 9- 19- 2022, 10- 3- 2022 and 10- 10- 2022 Resolution 2022- 52 Authorizing Issuance of General Obligation Bonds for Library Project Mayor Nelson moved consideration of Resolution 2022- 52 from the Consent Agenda to the Discussion Agenda. Council Member Menicucci noted a correction on the minutes for 10- 3- 2022 that engineer Smith' s first name was shown as John and it should be corrected to Josh. ACTION: Council Member Meis moved to approve the Council Meeting Minutes as submitted with corrections noted. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. DISCUSSION AGENDA Consider Resolution 2022- 52 Authorizing the Issuance of General Obligation Bond 2022 for the Library Project Finance Director Wilson noted this was the final resolution for issuing the Library Bonds. Cameron Thatcher, Huntington Securities Group, reviewed the bond sale process and discussed the credit rating of AA3 which was considered to be a strong rating achieved by the City of Belgrade. He noted that the planned date for bonds to be delivered was November 10, 2022. He Page 1 of 7 noted that investors had taken notice of Montana and the positive activity. This had attracted good attention from multiple investors and had resulted in better rates. Mayor Nelson called for public comment, there was none. ACTION: Council Member Sellers moved to approve Resolution 2022- 52 authorizing the issuance of general obligation bonds of the City in the principal amount of$ 14, 000, 000 to pay or reimburse the City for a portion of the costs of the new Library and association costs of fmancing. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Consider Gallatin Rest Home Mill Levy Information and Presentation Darcel Vaughn, Gallatin Rest Home Administrator, presented information regarding a mill levy that would appear on the upcoming election ballot in November 2022. She noted closures of other skilled nursing facilities in our area and that the Gallatin County Rest Home was the lone provider within our county. She noted efforts to provide information to all voters so they would realize that there was a need in this area. She noted this should not be confused with assisted living services. The rest home provided long-term care by skilled nurses as well as rehabilitation services. Medicaid reimbursements were considered too low to maintain current service levels so the voters werebeing asked to consider a levy of 9 mills. She encouraged all to visit the Gallatin County website regarding the rest home services and the proposed mill levy for more details. Mayor Nelson called for public comment. Kara Haskill, residing on Wyatt Earp Court, noted she worked in the health care industry of orthopedics. She said she was currently working with 4 patients who had no place for such accommodations. She noted that in terms of cost effectiveness, the need was quite apparent in our area. She hoped people would support this mill levy. Discuss Parking Regulations— City Code Title 5, Chapter 4 City Manager Cardwell recused himself from this discussion item and he left the chambers. Mayor Nelson called for public comment. Chris Macecsko, residing in Prescott Ranch subdivision, spoke about his desire to follow the contract that was between him and the Homeowner' s Association( He felt it had already HOA). been reviewed and approved by the City and it was not fair to say that a mistake had been made. He wanted a solution that would keep the intent of the HOA contract intact. Josh Kantor, residing on Wyatt Earp Court, stated he was a homeowner and a realtor. He said that this so- called oversight would affect about 140 home sale transactions. He felt that allowing parking on the streets would cause safety concerns and issues with snow removal. He noted recent burglaries and felt that a freer field of vision was beneficial. He felt that taking such a stance would open the City up to lawsuits as this would affect home values. He felt these private contracts between residents and the HOA should remain in force. He wanted to see a special district implemented so these needs could be addressed. Page 2 of 7  Annette Stenger, residing on Deadwood Loop, thanked Council for allowing public comment. She said her primary concern was that Council was not living up to the approval that was given to Bates Homes during the review process. She discussed the authority of the City to regulate parking and the wording that would allow" other more restrictive" regulation. She said that Prescott HOA had not regulated parking. She said the HOA expected to be able to enforce their contract with individual residents. She stated that allowing on- street parking reduced property values, cause safety concerns, slowed response time to emergency vehicles, invited burglary, and would allow alternate parking for the airport and for RVs. She asked for a permitted parking program that would allow the HOA to enforce private contractual rights with member residents. Steve Maldy, residing on Wyatt Earp Court, noted congested parking and a lot of traffic where he used to live on 10th Street. He felt it was not as safe and many cars were never moved. He felt the restriction of street parking in Prescott Ranch should be allowed to remain and the HOA should be allowed to enforce parking regulations. He agreed with no overnight parking on the street. Sheila D' Amico, residing on Deadwood Loop, agreed with Mr. Maldy. She was concerned about EMS getting through due to cars parking on the street. She was concerned for safety of children. She felt there was adequate parking for residents within their garage and on their driveway. Since the agreement was already made, she felt it should be grandfathered in. Mark Smith, residing on Butler Creek Road, agreed with comments made thus far. He felt that their community was very nice and they wanted to keep it the way it was. When the bylaws and covenants were approved by Council, he was glad they were specific about requiring the parks as they were. He felt there was a great sense of community and thought it should be expanded to the rest of the City. The quality of life drew him to this community. He wanted the parking limitations to remain and not be cluttered. He felt they should be able to rely on the approval of the City and they should not have to go back and be changed now. City officials should not make light of the previous approval that was given, even if they felt it was a mistake. The City should not go back on their word. He invested based on the original presentation. He felt it could be worked out with compromise on both sides. Laine Power, residing on Dillinger Drive, noted her townhouse faced the park. They worked hard to get into this home. They had the expectation of safety first. She enjoyed that her kids could play right out the front door and at the park. She felt they needed to keep streets clear so the view was not blocked. She felt the HOA should be allowed to continue to regulate parking. She said HOA gave allowances for additional parking when requested and she thought both the City and the HOA regulations could be satisfied. Kelly Euwema, residing on Halfpipe Road, noted her relocation from Bozeman where the streets had been chronically overfilled. She wanted to have clean and clear streets. They had agreed to this and now wanted it to continue. She felt their streets were quieter and safer. She noted that the process had been working for the past 2. 5 years and suddenly now it was a concern. She wanted the enforcement to stay as the HOA had set. Edwin Appleton, residing on Wyatt Earp Court, agreed with other comments. He noted his choice of moving into Prescott Ranch due to the stated regulations and terms set out by the HOA. He noted his work with EMS and Fire services which gave him particular appreciation of the need for access. He felt people should get outside storage for vehicles that would not fit in their driveway Page 3 of 7 or garage. He felt it was worth it for safety. He felt the regulation under the HOA should stay the same. As a special area, he felt they needed more restrictions than the rest of the City. Kara Haskill, residing on Wyatt Earp Court, agreed with the comments regarding safety, maintaining home values and the quality of their subdivision. With all the comments about the positive impact that the HOA was having on their community, she wanted to know why the City was now trying to overturn the arrangement. Because residents had signed an agreement, it seemed reasonable and simpler to continue to allow the HOA to enforce these measures. Mike Romeo, residing at Wyatt Earp Court, spoke about the community going in a positive direction overall with projects like the new Library. He noted that he liked working in the subdivisions where no on- street parking was allowed. He asked Council to honor the contract they had signed with their HOA, wanted to allow them to continue to use this as a tool to keep quality in their subdivision. He did not want the restrictions reduced. He felt the open visibility was important. Scott Miller, residing at Deadwood Loop, said he had been a resident of Montana for about a year and had previously lived in Rhode Island. He felt that oftentimes, government made problems worse due to untimely or uninvited intervention. He felt the HOA had a system that was already working, and he did not understand why Council was trying to change it. He felt it was an opportunity to support the existing structure of the HOA. He asked what would be accomplished if they broke the process. He felt the rest of the community was struggling with parking but the residents in Prescott had signed the agreement with the HOA and it seemed to be working. He felt their neighborhood should be allowed to find their own answer. Lissa Barrett, residing on Deadwood Loop, noted she was part of the Sales team at Prescott Ranch. She said that the first thing potential residents are told about is the rule for no parking on streets. She felt this was well received and wanted Council to allow them to continue letting this work. Nick Sorenson, residing on Wyatt Earp Court, agreed with comments made thus far and wanted to add his name to the record in support of the HOA continuing the practice. Nick Haskell, residing on Wyatt Earp Court, thanked Council for this discussion and workshop. He acknowledged the parking problems in the greater Belgrade area. He felt that their HOA was doing the right thing. It was a good system and they did not want to negatively impact their neighborhood. They needed the safety and he wanted to state his full support of the HOA. Angela Kantor, residing on Wyatt Earp Court, agreed with other comment. She noted that she had lived in many other cities where they had implemented signs to specify times and manner of parking allowed. She asked if this might pose a solution for Belgrade. She noted that Montana State University had permitted parking and perhaps that would work for Prescott Ranch. Mayor Nelson called 2 more times for public comment. Council discussion followed about various covenants set by HOAs. It was noted that if a resident agreed to no street parking, that was their choice. However, if and when an HOA attempted to enforce such a requirement upon a non- resident of that particular subdivision, then the Page 4 of 7 question of jurisdiction would come up. Discussion continued about parking regulations and how they govern all City- owned streets and rights- of-way for public use. Police Chief Lensing noted the need for consistency. The question being brought forward was whether any HOA would be allowed to exert authority over property that was not under their ownership. In the case of Prescott Ranch, they were not a gated community and these were not private roads. Regardless of the HOA contracts with residents, these streets were owned by the City and thus public property. City Attorney Ramler agreed that this was the main issue. The City owned the streets so therefore, they were governed and controlled by the City. Special rules could be set by the Council as they saw fit. Ramler noted that similar situations would arise due to growth in our area. It was important for the City to maintain control of streets and ROWs for the benefit of all citizens. Discussion followed about how the HOA might remind residents of the parking expectations within the subdivision. Citing or fining residents for infractions was between the resident and the HOA. Towing a vehicle from a public street would involve a different level of authority. Council Member Doyle noted that, as a resident of the Ryen Glenn Subdivision, he had signed an agreement regarding no on- street parking. He felt that the City should control such parking on City streets, not the HOA. He also noted that the Ryen Glenn HOA had sent out a notice that fines would be assessed accordingly. Council noted that other letters had been received from Prescott residents who were in support of the City regulating street use. Some noted their expectation of repercussions from the HOA for voicing their preference. Police Chief Lensing noted that he also lived within the Ryen Glenn subdivision and the HOA had made it known that they would tow vehicles that were not in compliance with their rules, by way of a full time enforcement authority. Lensing noted that he personally felt that this should be considered auto theft when they towed vehicles from a City owned street. Mayor Nelson noted that the draft ordinance language would be revised and brought back for further discussion at the regular council meeting scheduled for November 7, 2022. Some areas of clarification would include a clearer definition of commercial vehicles, moving vehicles, trailers and RVs every 3 days instead of every 5 days, confirming the number of days allowed( 7 or 10) after a citation was issued, revise the definition of the" overnight" time frame to be l 1pm to 5am, restrict overnight parking in specially designated areas only, and creating a way to monitor construction site trailers through the building permit process. At 8: 30pm City Manager Cardwell returned to the chambers. Discuss and Consider Authorizing the City Manager to enter into a Contract with Martel Construction for a Public Works Facility James Percival, Operations Manager, noted that one response was received in regard to the recent Request for Proposal. This was for the project of construction offices for the Public Works Department. Martel Construction' s proposal in the amount of$ 1, 221, 229 had met all requirements. The site work was planned to begin April 2023 with a target completion date by the end of June Page 5 of 7 2023. The modular structure was to be located on the 30 acres being secured through the DNRC permanent lease of land near the water treatment plant. Purchase had been approved by DNRC and the City was waiting for final approval from the Land Bureau. Percival noted that staff would be temporarily using space at the treatment plan during the interim period. City Manager Cardwell noted that they needed electrical panels, with a lead time of 18 to 24 months. This was an example of how multiple things would need to fall into place. Some staff might be working out of the basement at City Hall as well on a temporary basis. Cardwell noted that use of Modular building type would speed up the time frame. The building would be about 4, 200 square feet at a cost of about $ 290 per square foot. Mayor Nelson called for public comment. There was none. ACTION: Council Member Sellers moved to approve and authorize the City Manager to enter into a contract with Martel Construction to construct a Public Works Facility for the amount of$ 1, 221, 299, and authorize the City Manager to approve change orders, not to exceed the allocated project funding in the Capital Improvement fund. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. Consider Board Appointments for the Senior Center Advisory Board Mayor Nelson recommended appointment of 3 individuals to serve on the Senior Center Advisory Board. He recommended appointing Karen Tucker for a one- year term and Bonnie Campbell and George Stanislao each for two- year terms. It was noted that there were still 2 more vacancies to be filled. ACTION: Council Member Meis moved to approve appointment of Karen Tucker to a one- year term and Bonnie Campbell and George Stanislao each to a two- year term to serve on the Senior Center Advisory Board. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. REPORTS Mayor Nelson gave a reminder for council members to turn in their forms to him for the City manager' s performance review by October 26t. City Attorney Ramler had nothing to report. City Manager Cardwell had nothing to report. FOR YOUR INFORMATION Council Member Meis noted that Council Member Doyle would attend the Planning meeting in his place. Council Members Doyle and Mattimoe had nothing to report. Page 6 of 7  Council Member Menicucci reported on attending the recent Water Quality District meeting and that the ground water report was coming out soon. Council Member Simon reported on attending the Fire Board. They discussed the 911 services and challenges, the need to purchase compatible radios, and efforts by Pulse Point to register all AED units available for public access. Active Killer training was conducted at the Sacajawea Middle School with multiple jurisdictions present. Council Member Meis reported on the recent PCC meeting that included a presentation on housing along with the Governor' s task force. He noted many interesting things to tackle and that this was truly a complicated situation with the existing housing supply. He noted they would be moving to a quarterly basis for meetings until other projects were brought forward. Next meeting would probably be in January 2023. Council Member Sellers reported on attending the joint meeting of the Library Board and the Foundation where they had received an update from 45 Architecture on the project status. Mayor Nelson reported on receipt of another letter from a Prescott Ranch resident which he would give to the City Clerk as part of the record. ADJOURN Council Member Simon moved to adjourn the meetin' - : 4 Bpm. ussell C. Nelson, Mayor Attest: Susan Cadwell, City Clerk Page 7of7