Belgrade City Council

CITY OF BELGRADE COUNCIL SPECIAL MEETING MINUTES COUNCIL CHAMBERS July 24, 2023 6: 00 PM This meeting was open to the public and attended in person. Deputy Mayor Mike Meis called the meeting to order. Council Members in attendance were Jason Guffey, 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 Camille Gregory, Executive Assistant Dana Jambor, Director of Community Development Jason Karp, Executive Director of Finance Charity VanKirk, Director of Engineering Tom Eastwood. Others in attendance were Susan Swimley, Bina Peters, Cecelia Lasich, Curt Dykstra, Rhett Boerger, Linda Dykstra, Kevin McNelis, Peter Scott, Judy Doyle, Tom Leuprecht, Ana Leuprecht, Scott Albeda, Bobby Egeberg, and Matt Ekstrom. ACTION: Council Member Menicucci moved to excuse Mayor Russell Nelson. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. PUBLIC FORUM Deputy Mayor Meis called three times for public comment. There being none, the public forum was closed. DISCUSSION AGENDA Discuss and Consider Developer Compliance with Conditions NO. 54- 60 of the Findings of Fact and Order for the West Post Subdivision Related to the Spain Ferris Ditch Lateral and Whether or Not it is a Private Ditch. Director of Community Development Jason Karp explained that this item was meant to ask the Council to decide if the ditch in question is a private lateral or not. A discussion was had to determine if the developer of the West Post subdivision complied with conditions No. 54- 60 of the Findings of Fact and Order. The Council also considered whether the Spain Ferris Ditch is a private lateral or not. Both the applicant ( West Post) and the Spain Ferris Ditch Company presented arguments, during which Deputy Mayor Meis called for a 5- minute recess between 7: 52 p.m. and 7: 58 p. m. Page 1 of 3  ACTION: Council Member Menicucci moved that the developer of the West Post Subdivision has demonstrated compliance with Conditions No. 54- 60 of the Findings of Fact and Order for the West Post Subdivision and that it is the opinion of the Council that the ditch is a private lateral. Council Member Doyle seconded the motion. There was a roll call vote: Motion carried 4 to 2. Council members voting " aye": Simon, Menicucci, Mattimoe, Meis. Council Members voting " no": Guffey, Doyle Discuss and Consider Approval of an Improvements Agreement and Financial Guaranty for West Post Subdivision Phase 2. Director of Community Development Jason Karp explained that with West Post Phase 2, there are improvements that have not yet been installed. He stated it is standard procedure to allow those improvements to be deferred with an improvement agreement, which is required for deferral under state statute. Karp stated the remaining improvements consist of sidewalks, street improvements, and landscaping. One hundred and twenty- five percent of that estimated cost is $ 2, 814, 288. 00. There is a letter of credit with the City in the amount of$ 3, 670, 263 which would cover the improvements, and the parties want to keep that letter of credit in place. Karp stated the Improvements Agreement being discussed was in a format acceptable to the City. Staff recommendation was to approve the Agreement for Phase 2. Matt Ekstrom was present to represent Morrison Maierle. He had nothing else to add. Deputy Mayor Meis called for public comment. There was none. ACTION: Council Member Menicucci moved to approve the Improvements Agreements for West Post Major Subdivision Phase 2 to be accompanied by Letters of Credit acceptable to the City in the amount of at least $ 2, 814, 288. 00 and complying with the terms of the Improvements Agreements. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider the Request for Final Plat Approval for the West Post Subdivision Phase 2. Director Karp stated the staff recommendation was to grant final plat approval for Phase 2 of the West Post Subdivision. Matt Ekstrom added that the applicant had 22 properties in escrow at the moment. Page 2 of 3  Deputy Mayor Meis asked about the streetlights for the Airway Blvd. and Frank Rd. Ekstrom explained that Sanders & Stewart are working with MDT to get lighting installed at that intersection. Deputy Mayor Meis called for public comment. There was none. ACTION: Council Member Mattimoe moved to approve granting final plat approval to the West Post Major Subdivision Phase 2 subject to the transmittal of the signed Improvements Agreement and Letter of Credit that is acceptable to the City and finding that all applicable conditions of preliminary plat approval for this phase have been met, and the subdivision complies with the Montana Subdivision and Platting Act and the Belgrade City Code. Council Member Menicucci seconded the motion. The Council voted 4 to 2 in favor. Council members voting " aye": Simon, Menicucci, Mattimoe, Meis. Council Members voting " no": Guffey, Doyle ADJOURN : Council Member Simon moved to adjourn the meetin at 8: 36pm. Russell C. Nelson, Mayor Atte§1:-.: C` i Gregory; City lerk l ! Jt: 4 3 l a F .' l . Page 3 of 3