Belgrade City Council

CITY OF BELGRADE COUNCIL MEETING MINUTES COUNCIL CHAMBERS November 7, 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 Mike Meis, Jim Simon, Jim Doyle and Renae Mattimoe. Council Member Martha Sellers was in attendance via Zoom video. City staff in attendance were City Manager Neil Cardwell, City Attorney Rick Ramler, Executive Assistant Dana Jambor, Finance Director Charity Wilson, City Engineer Tom Eastwood, Police Chief Dustin Lensing and Fire Chief Greg Tryon. Others in attendance were Vivian Crouse, Kent Merselis, Josh Kantos, Edwin Brad Appleton, Annette Stenger, Chris Manecsko, Michael Gustafson, Lisxa Barnett, Mike Muscatello, Judy Doyle, Patrick Lonergan, Kara Haskell, Nick Haskell, Scott Miller, Christine Laramie . ACTION: Council Member Simon moved to excuse Council Member Menicucci. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. PUBLIC FORUM Mayor Nelson called three times for public comment. There being none, public forum was closed. CONSENT AGENDA Resolution 2022- 53 Intent to Annex Yellowstone Crossing HC LLC Property and set date for public hearing Council Minutes 10- 17- 2022 Parking Regulation Workshop Council Minutes 10- 17- 2022 Regular Meeting City Manager Cardwell noted a request by staff to adjust the requested Public Hearing date to be set for the Yellowstone Crossing annexation discussion for December 19, 2022. ACTION: Council Member Meis moved to approve the consent agenda items and set the date of public hearing for Yellowstone Crossing annexation on December 19, 2022 as requested by staff. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. DISCUSSION AGENDA Consider Proclamation regarding Small Business Saturday— November 26, 2022 Page 1 of 7  Mayor Nelson read the proclamation aloud and declared November 26, 2022 as Small Business Saturday. Consider 2022 Emergency Management Plan Patrick Lonergan, Chief of Emergency Management and Fire for Gallatin County, spoke about the updated Emergency Management Plan for the 5 cities and towns in our county. He noted that this plan also covered the portion of Big Sky within Madison County. This update would meet the 5 year vision and review as required under Montana Code Annotated. Lonergan noted there were very few changes of substance, however links to other agencies were updated along with current contact information as an example. Mayor Nelson called for public comment. There was none. ACTION: Council Member Simon moved to authorize the Mayor to execute the 2022 Emergency Management Plan as presented. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. Consider Updates to Title 5, Chapter 4 of the Belgrade City Code regarding Parking Regulations City Manager Cardwell recused himself during discussion of this matter. Police Chief Lensing reviewed the adjustments recently made to the draft language based on Council' s previous discussion. This included parking time limits, definitions of trailer types and vehicles, the proposed cost of fines and the time frame allowed to move or tow a vehicle. Discussion followed about enforcement of covenants by various homeowner' s associations within the City. City Attorney Ramler noted that such covenants applied to private property within the subdivisions, but specific HOA restrictions could not be lawfully imposed upon City property such as public streets. Lensing noted recent meetings with Prescott Ranch HOA members to discuss their concerns regarding parking regulations. The HOA and many residents had requested that no overnight parking be allowed in their subdivision. Lensing noted that the City was willing to consider going through an administrative process where the City Manager and Chief of Police could create special zones and possibly enforce a limit of 24 hour parking, but not a ban of overnight parking. The amended parking ordinance would create a pathway to designating special parking districts. Mayor Nelson called for public comment. Chris Maciscko, residing on Butler Creek Avenue, felt that Council had acknowledged that this would undo the positive situation the residents currently had in Prescott Ranch. He spoke in opposition to changing the parking arrangements. He did not want the current requirements undone. He felt this was being considered due to an oversite by the City and it was not the fault of the HOA. Page 2 of 7  Kara Haskell, residing on Wyatt Earp Court, commented that the initial covenants should have been more thoroughly reviewed by the City. They were approved and residents had bought into the subdivision accordingly. She wanted the City to honor the approval that was given. She asked to apply a special district so the HOA could continue to enforce no on- street parking. City Attorney Ramler commented that the City of Belgrade reviewed the HOA' s covenants for compliance with City regulations, but it did not include a review of parking. The City did not approve Prescott Ranch enforcing parking restrictions on City streets. That was not part of the normal review process. He noted that such a covenant was never enforceable. So it may have been written, but it was not enforceable and it was not approved by the City because it was not part of the subdivision criteria. Kara Haskell felt that if the City had not approved the covenants as stated, then Bates Homes would have probably kept the streets as private property so the City' s approval caused the developer to move forward accordingly, not knowing that this would become a conflict. Josh Kantor, residing on Wyatt Earp Court, said clearly there was a demand for following these HOA agreements. He felt that the City' s actions were changing the private contract. He felt the offer of allowing 24 hours with monitoring by the police was not helpful. He felt the HOA' s appeal process was adequate and would take it off the police' s plate. Annette Stenger, residing on Deadwood Loop, agreed with comments of her neighbors. Brad Appleton, residing on Wyatt Earp Court, agreed with comments of his neighbors. He agreed that this was due to an oversite by the City. He wanted to continue to have no overnight parking or parking on the streets within their subdivision. He agreed with designating a special parking district to disallow overnight parking. He felt Prescott Ranch would account for approximately 10% of the city' s population upon buildout and they should have consideration. He was troubled that the City Manager had recused himself from the discussion and yet he was one of the 2 authorized individuals to designate special parking districts under the new ordinance. Mayor Nelson explained that City Manager Cardwell had voluntarily recused himself from this discussion due to residing within one of the HOA' s with the covenants regulating parking. He assured the audience that City Manager Cardwell was listening to their discussion. Brad Appleton commented on part 5. 4. 10 in the draft ordinance and felt it was not clear. Chief Lensing noted this rule applied to the camping allowances. He noted that a resident would be subject to the HOA' s regulation or restriction in the case of camping in a driveway because it is private property. Scott Miller, residing on Deadwood Loop, was glad to see efforts to find common ground. He was uncomfortable with the change in the rules within his subdivision. He agreed with the HOA' s current rules. He was disturbed that a thorough review process was not done. He did not want vehicles parked on the streets within the subdivision. He felt it was a safety concern. He did Page 3 of 7 not like the 24-hour limit and felt that moving it one vehicle length was not sufficient. He felt that this was creating a problem that had not been there before. Christine Laramie, residing on Butler Creek, stated that part of the reason they chose to live in Prescott Ranch was because of the parking rules and good visibility for safety of her children. Michael Gustafson, residing on Butler Creek, appreciated Council' s efforts to work with homeowners. It seemed hypocritical to him that residents were bringing up parking but they were ignoring leash laws and letting dogs run loose right under his window. Nick Haskell, residing on Wyatt Earp Court, said he and his family moved out of Bozeman partly to get away from the congested parking. He felt that he was being cheated out of something that should have been honored when initial approvals were granted. He felt this action would negatively reflect on Belgrade' s dealings. He commented on the hiring of the City Manager and that when he looked at his past, it was very concerning. Mayor Nelson commented on the vetting and review process involved in the hiring process and noted that there were two sides to every story. He was proud of the City Manager and felt he was doing a good job. Charles Ewema, residing on Half Pipe Street, agreed with his neighbors and did not want to change the current parking situation. He liked the visibility and the safety. He did not want to have more police visits in the neighborhood. Mayor Nelson called for more public comment, there was none. Council acknowledged the frustration being voiced by the residents of Prescott Ranch. They felt that amending the ordinance would now give more options for setting up special parking districts through an administrative process as deemed necessary. ACTION: Council Member Meis moved to adopt Ordinance 2022- 15 Title 5, Chapter 4 of the Belgrade City Code and set a public hearing and first reading on December 5, 2022. Council Member Simon seconded the motion. Mayor Nelson inquired as to why this discussion was not considered the first reading and why they would be subject to two more meetings. Ramler noted it was suggested this way to allow more time for public participation but that Council could amend the motion to set the public hearing and consider the ordinance for a second reading at that time. ACTION: Council Member Meis amended the motion to approve Ordinance 2022- 15 upon first reading and set a public hearing and second reading for December 5, 2022. Council Member Simon seconded the motion. Motion carried. Council Members voting aye: Meis, Simon, Sellers, Mattimoe Council Members abstaining: Doyle Page 4 of 7  Mayor Nelson called a short recess at 8: 13pm. He called the meeting back to order at 8: 20pm. City Manager Cardwell returned to the Chambers. Consider Request for Variance for Stormwater Pond Depth— Yellow Iron & Jackrabbit Crossing City Engineer Eastwood reviewed the request for variance related to stormwater retention. The applicant was asking for an increase of the standard depth allowance. Eastwood noted that up to 6- foot depth would requiring fencing around the retention area for safety. City Manager Cardwell confirmed that staff did not have concerns about granting this waiver. He noted ongoing review of Belgrade' s standards and specifications. Madeline Goode, Engineer representing the applicant, noted there were 2 retention areas being considered. One would have a maximum depth of 5. 25 feet and the other would have a maximum depth of 6. 0 feet. They plan to include fencing and landscaping. Mayor Nelson called for public comment. There was none. Council Member Doyle stated that he liked the landscaping but would rather move away from the requirement of fencing as this detracted from the view. He felt the shallow slopes and terraces would seem to provide a safe approach. City Engineer Eastwood said they were reviewing and looking to update the standards and this could be considered. He noted that there may also be insurance and liability concerns in relation to fencing which could also be reviewed and brought back to Council for consideration. City Manager Cardwell also recommended review of what our insurance carrier required in advance before taking the fencing requirement out. ACTION: Council Member Meis moved to approve the variance request from the City of Belgrade Design Standards to allow a storm water retention facility with a design maximum water surface depth greater than 2- 1/ 2 feet provided that the facility is protected by a fence. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. Consider Alaska Road Frontage Road Right- of-Way City Engineer Eastwood reviewed the request made by the West Post developers to reduce the right- of-way width along Alaska Frontage Road within the subdivision boundary from East Frank Road to the northwest boundary near the interchange. The current width was initially set as a state highway width at 120 feet. This road was actually considered a collector road which should be set at a standard width of 90 feet. The developer was asking the City to make the reduction and allow them to purchase the excess right- of-way footage from the City. Eastwood noted that a 90- foot collector road would allow for 3 lanes - 2 lanes and a center turn lane. It would also include space for a sidewalk on both sides. Page 5 of 7  Cardwell said any sale of this footage would be based on a current appraisal. Cardwell recommended that the funds received for this sale could be dedicated for support of the City' s Capital Improvement Program ( CIP) Fund as approved in the Budget documents. This could include some technology security upgrades and construction needs in the City offices. This would also reduce the amount of right- of-way that the City would have to maintain going forward. Mayor Nelson called for public comment. There was none. ACTION: Council Member Simon moved to authorize the City Manager to negotiate the sale and transfer of portions of the existing Alaska Frontage Road right- of-way within the proposed West Post Subdivision to retain a total right- of-way width of 90- feet. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. Consider Board Appointment for Senior Center Advisory Board City Manager Cardwell noted that Pamela Knowles had also worked with the Belgrade Community Library Board and came highly recommended by Library Director Bacon. Mayor Nelson recommended appointment of Pamela Knowles to serve on the Senior Center Advisory Board. Mayor Nelson called for public comment. There was none. ACTION: Council Member Doyle moved to appoint Pamela Knowles to serve on the Senior Center Advisory Board for a three- year term. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. City Manager Cardwell noted discussions about designating a Parking Review Board as outlined in the proposed amendments to the Parking Regulations discussed earlier this evening. He noted the option of having the Senior Center Advisory Board act as the Parking Review Board in cases where further review and appeals were to be considered. This would be discussed further but he wanted to let Council know that this was an option. REPORTS Mayor Nelson had nothing to report. City Attorney Ramler had nothing to report. City Manager Cardwell reported that our new website had been live for a full month and he welcomed feedback on how it was going. He also noted the launch of the Belgrade 311 help and support ap. He noted several options for citizens to be able to report various problems so they are routed to the appropriate department. These apps could be downloaded to personal devices for ease of use. Page 6 of 7  Cardwell reported on holding 2 public forums during the last week to gain public input and talk about the parks, trails and recreation district, and the aquatic center that could hopefully be constructed by the district. He noted good participation. A proposal and estimates of costs would be forthcoming. Dorsey Whitney was working on an interlocal agreement that would be needed with the County. Overall input was that an aquatic center should be a venue for statewide use much like the Belgrade Special Events Center was used for tournaments. Cardwell reported on the estimated cost of obtaining the proposed land where an aquatics park could be built, but it was at around $ 6 Million so there was no clear path to expending these funds right now. He noted staff would research options to try to reserve the land until such time that there could be an election and he would bring more information back to Council. Council inquired about use of the new website and how this could be measured. Cardwell noted that we did not have a data source for how many hits at this time. He noted that there was a significant number of people who had signed up for notifications so it was definitely being used. Additional fees were involved in obtaining analytical data. FOR YOUR INFORMATION Council Members Sellers and Doyle had nothing to report. Council Member Meis noted working with the Belgrade Community Coalition to hang Christmas Lights on Saturday. Council Member Simon reported that the lights were on their side at the roundabout on Northern Pacific for at least a week now and asked who should be notified. Council Member Mattimoe asked if Simon would be able to attend the Park Board meeting in her place. He said he would. Mattimoe said she may not be able to attend the November 21St council meeting. Mayor Nelson asked about status of maintenance on the ballpark parking lot. He also sig steel-that large rocks be placed around the roundabouts to avoid damage to the light poles. AD16URN y • M1 \ V Conic Member Simon moved to adjourn th- -- ng at 8: 5A pm. ussell C. Nelson, Mayor Attest: Susan Caldwell, City Clerk Page 7 of 7