Belgrade City Council

CITY OF BELGRADE COUNCIL MEETING MINUTES COUNCIL CHAMBERS July 17th, 2023 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 Jason Guffey, Kristine Menicucci, Jim Doyle, and Renae Mattimoe. City staff in attendance were Chief of Police Dustin Lensing, City Attorney Rick Ramler, City Clerk Camille Gregory, Executive Assistant Dana Jambor, Executive Director of Finance Charity Wilson, Municipal Court Judge Chris Gregory, Director of Engineering Tom Eastwood, Director of Community Development Jason Karp, Director of Public Works Steve Klotz, Director of IT Ryan Curtis, Director of Human Resources Becky Wilbert, and Fire Chief Greg Tryon. Others in attendance were Scott Lessley, April Kreis, Geno Kreis, Kali Vergeront, Jane Schumacher, Judy Doyle, and Todd Waller. ACTION: Council Member Doyle moved to excuse Council Members Mike Meis and Jim Simon. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. PUBLIC FORUM Mayor Nelson called for public comment. April Kreis, residing at N. Kennedy, commented on typos in the City' s new zoning code. She also commented that the" buffer yard types" isn' t labeled on the tables. However, Kreis stated her biggest concern was a decrease in" buffers." She believed the institution of smaller buffers for residential neighborhoods did not make sense. She asked if the City can now have buildings in any zoning area, and if that means they don' t have to do any buffers. She also expressed concern about a parking lot going in next to her house, because it could be an urban heat island and impact her ability to cool her house in the evenings. Kelly Vergeront, residing at N. Kennedy, expressed it would be disappointing if the City decided to put a parking lot in on N. Kennedy. She believed it would affect property values. Jane Schumacher, residing at N. Broadway, stated she wants the maximum buffer around her home. Geno Kreis, residing at N. Kennedy, stated he is concerned about a new parking lot creating noise pollution near his home' s windows. He also would like the City to slow down on the changes to the neighborhood. Scott Leslie, residing at N. Kennedy, explained that he wants to keep his property in his family. He also expressed concern about the expansion of city offices in the neighborhood. Page 1 of 7  Mayor Nelson called two more times for public comment. With no other comment, the public forum was closed. CONSENT AGENDA Consider Approval of an Improvements Agreement and Financial Guarantee for Jackrabbit Reserve Major Subdivision Director of Community Development Karp asked if the Council would move Consent Item 3. 1 to the Discussion Agenda. ACTION: Council Member Menicucci made a motion to move Consent Item 3. 1 to the Discussion Agenda and approve the Consent Agenda items as submitted. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. PUBLIC HEARING Discuss and Consider an Annexation Agreement for Parcel 1A Of COS No. 78A on Frank Road for Osterman/ Outlaw Land Development. Director of Community Development Karp explained that this property is on the north side of Frank Road, just west of the FedEx Facility. He stated they are requesting to be annexed, which is a good thing because the City would have eventually moved to annex it anyways. Tom Berkley of Outlaw Land Development, the applicant, notified the Council that he was present to answer any questions. Mayor Nelson called for public comment. There was none. ACTION: Council Member Mattimoe moved that the Belgrade City Council adopt the Outlaw Land Development Annexation Agreement. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider Res. No. 2023- 18 to Annex Parcel 1A of COS No. 78A on Frank Road. Director of Community Development Karp explained where the property in question is located. He stated it is already zoned Ml for commercial development. Karp noted the property is already surrounded by the City. Mayor Nelson called for public comment. There was none. ACTION: Council Member Menicucci motioned that the Belgrade City Council approve Resolution No. 2023- 18 to annex Parcel 1A of COS No. 78A into the City limits of Belgrade. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. Page 2 of 7 DISCUSSION AGENDA Consider Final Plat Approval for the Jackrabbit Reserve Major Subdivision. Director of Community Development Karp explained the City has $ 73, 413. 10 cash- in- lieu for' a half-acre of parkland for the Subdivision. With that, the staff is comfortable recommending the final plat approval of the Jackrabbit Reserve Major Subdivision. Mayor Nelson called for public comment. There was none. ACTION: Council Member Mattimoe moved to grant final plat approval to the Jackrabbit Reserve Major Subdivision/ PUD subject to the transmittal of the Cash- in- Lieu of Parkland payment in the amount of$ 72, 413. 10. Lift Station Improvement Cost Participation payment in the amount of$ 13, 096. 00, and signed Improvements Agreement and Letter of Credit that is acceptable to the City, and 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 Doyle seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider Ordinance No. 2023- 7 to Update the Belgrade Zone Code and Zone Map. Director of Community Development Karp introduced this item as a public hearing, and it was noticed in the paper as such. He noted that this zoning was done without City lots in mind. For transparency purposes, the City did amend the zoning code to allow municipal buildings in residential areas, which carried over in this new code. Karp stated the update to the Belgrade Zone Code reduced setbacks from 8- feet to 5- feet due to a petition from another property owner. The change was also made in consideration of new state law, which dictates that Montana cities now densify, increase building heights, and allow more units to be built in neighborhoods. Reducing setbacks is one of the ways to comply with the requirements of the State. However, he noted the setbacks and buffers are minimum standards, meaning someone could exceed the 5- foot setback if they wished. Karp noted that it is SB 382 that includes these planning and zoning changes/ mandates. He also noted that there are no current plans for the house at 113 N. Kennedy, but one option is removing the house to make staff parking. Next, Karp introduced the Cushing and Terrel group, who appeared via Zoom. Cushing and Terrel was represented by Nicole Olmstead, Alex Modrzecki, and Kathrine Westaby. Karp then gave a brief PowerPoint on the City' s zoning updates. Karp thanked Kristen Spadafore, Levi Simonson, and the planning staff for their numerous hours going through the Page 3of7 updates. Norah Bland did not appear at the meeting, but Karp acknowledged that she was a great help on this project as well. Council Member Guffey asked if the innovation district is like a live work area. Karp confirmed that was correct. Mayor Nelson called for public comment. April Kreise, residing at N. Kennedy, voiced her concern about zoning restrictions on solar panels. She worried that if people are restricted from putting solar panels on the front of their homes, it could discourage them from adopting solar altogether. She also repeated her request that the City reconsider the buffer zones. Karp stated there are no buffer zones in the Code and emphasized that zone codes can be amended to fix any shortcomings after doing more research. Kathrine Westaby said she would look into whether there is a restriction or stipulation on solar panel location. Mayor Nelson called for public comment two more times. There was none. ACTION: Council Member Menicucci made a motion that the Belgrade City Council adopt Ordinance No. 2023- 7 to adopt the updated Belgrade Zone Code and Map with the amendments as recommended by the Belgrade City- County Planning Board and Planning Staff finding that the updated zone code and map conforms to the Belgrade Growth Policy. Council Member Guffey seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider Resolution 2023- 17 Establishing a Parks, Trails, and Recreation District Board of Directors Chief of Police Lensing explained that the interlocal agreement between the City of Belgrade and Gallatin County requires Belgrade to appoint a board of Directors for the Belgrade Regional Parks, Trails, and Recreation District. City Attorney Ramler pointed out that these boards usually have an odd number of members, with an `Ex Officio' position. The Ex Officio position is usually held by a council member and will only vote to break a tie. Mayor Nelson called for public comment. There was none. ACTION: Council Member Mattimoe moved to approve Resolution 2023- 17 to establish a Board of Directors of the Belgrade Regional Parks, Trails, and Recreation District. Council Member Menicucci seconded the motion. There was a roll call vote. Motion carried 4 to 0. Council members voting " aye": Guffey, Menicucci, Doyle, Mattimoe. Council Members voting " no": None Page 4 of 7 Discuss and Consider Ordinance 2023- 8 Updating Article II of the Administrative Code Documents: Chief Lensing stated that the Council' s passage of Resolution 2023- 17 necessitated another change. He stated the City must now make changes to the Administrative Code to accommodate the Belgrade Regional Parks, Trails, and Recreation District Board. City Attorney Ramler stated the Regional Parks, Trails, and Recreation District Board would subsume the existing Parks Board. Council Member Mattimoe pointed out that the Tree Board was absorbed by the Parks Board because there was no need for a separate board, as all members lived in the City. Ramler suggested that they amend the three City seats to use the Tree Board representatives. Mayor Nelson called for public comment. There was none. ACTION: Council Member Mattimoe moved to approve the first reading of ordinance 2023- 8 and set the public hearing for August 7th, 2023, with the amendment to section 7 for the Tree Board. Council Member Menicucci seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider Task Order No. 2 to WO 22- 01 Professional Services Agreement With DOWL. Director of Engineering Eastwood commented that this agreement is for the Test Wells project. The agreement would move the project from the engineering portion to the designing stage. Mayor Nelson called for public comment. There was none. ACTION: Council Member Doyle moved to authorize the City Manager to sign Task Order No. 2 to the Agreement Between Owner and Engineer for Professional Services with DOWL for City of Belgrade Work Order No. 22- 01 in the amount of$ 423, 345. 00. Council Member Guffey seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider Capital Project Request for Water Main Installation Between West Post and Jackrabbit Crossing Subdivisions. Director of Engineering Eastwood explained that this project is a public/ private partnership between the Jack Rabbit Crossing and Yellowstone developer and the West Post subdivision. It is meant to install a water main to connect the two developments and improve both water supply and pressure. Todd Waller of Venture West Development explained that they have already broken ground on the project and are excited to work in Belgrade. He said he has received easements from Hardaway Vet, Williams, and Montana One Investments, which will convert the private 60- foot- wide easement to a public 60- foot- wide easement. The purpose of this was to facilitate work on the Page 5 of 7  water main and make it easier for the City and DOT to do installations and repairs. Venture West has entered into negotiations with a grocery store and is talking with other retail shops about this project, as well. Mayor Nelson called for public comment. There was none. ACTION: Council Member Menicucci moved to authorize the City Manager to execute an agreement with Jackrabbit Crossing LP, LLC for the upsizing and installation of water infrastructure improvements between the proposed West Post and Jackrabbit Crossing Subdivisions up to a maximum amount of$ 1, 350,000.00. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. REPORTS Mayor Nelson reported that he would be gone for the Special Meeting and the August 7th meeting. City Attorney Ramler had nothing to report. Police Chief Lensing spoke on behalf of City Manager Cardwell. Chief Lensing reported the Department of Revenue Townhall meeting would be held in the Council Chambers on August 18th, 2023, at 5 p. m. FOR YOUR INFORMATION Council Member Mattimoe had nothing to report Council Member Doyle had nothing to report. Council Member Menicucci asked if Karp knew what was going in next to Mackenzie River. Karp said he would work on finding out. He also mentioned that there would be a Special Meeting July 24th, 2023, at 6 p.m. to discuss West Post ditch conditions and final plat approval. on Council Member Guffey had nothing to report. Mayor had nothing to report. ADJOURN Council Member Doyle moved to adjourn the meeting at 8: 18 pm. Russell C. Nelson, Mayor Page 6 of 7 f 1J. C ille G' egory City ler qa Page 7 of 7