Belgrade City Council

CITY OF BELGRADE COUNCIL MEETING MINUTES COUNCIL CHAMBERS February 20, 2024 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, Mike Meis, Kristine Menicucci, Jim Doyle, and Renae Mattimoe. City staff in attendance were City Manager Neil Cardwell, Assistant City Manager Greg Tryon, City Attorney Rick Ramler Via Zoom, City Clerk Camille Gregory, Executive Assistant Dana Jambor, Chief of Police Dustin Lensing, Director of Information Technology Ryan Curtis, Municipal Court Judge Chris Gregory, Director of Community Development Jason Karp, Senior Planner Brad Stein, Planner 1 Hayden Caliguiri, and Director of Parks and Recreation Steve Klotz. Others in attendance were Jessica Cuddeford, Betty Jo Biggs, William" Lake" Davis, Dan Sampson, Sarah McClaflin, Shane McClaflin, Rhonda Gilbert, Holly Davis, Virgil Sheridan, Ron Adlington, Dianna Perry, Krista Baziak, Graham Holyszko, Mike Devries, Brandy Mendoza, Dominic Hand, Judy Doyle, Stehanie Donovan, Dan Sampson, Michael Lentini, Elliot Lindsey, Alaina Garcia, Ethan Diliberto, Kate Quinn, Chyan Biggs, Wes Mackenzie, Megan Biggs, and Stacy Jameson. ACTION: Council Member Meis moved to excuse Council Member Simon. Council Member Guffey seconded the motion. All voted aye, motion carried unanimously. PUBLIC FORUM Mayor Nelson called three times for public comment. There being none, the public forum was closed. CONSENT AGENDA Consider First Reading of Ordinance 2024- 03, Revision of Title 1 of the Belgrade City Code. Consider Approval of Council Minute Drafts 1- 16- 24 & 2- 5- 24. ACTION: Council Member Meis moved to approve the consent agenda items as submitted. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. PUBLIC HEARING Discuss and Consider Ord. No. 2024- 2 ( 2nd Reading) a Zone Map Amendment to Rezone 206 W Custer from CL- Community Living to CC- Commercial Corridor. Page 1 of 8  Director of Community Development Karp explained that Town Pump owns the vacant lot and would like to utilize the property for overflow parking, snow storage, and a dumpster with an enclosure. The Planning Board unanimously recommended that the amendment be approved, but with a deed restriction that would restrict the use of that lot to just a parking lot. Dan Sampson, the applicant, stood and explained that the long- term goal is to use it as overflow parking and be able to fix up the area with landscaping. He agreed to a timeline to re- up the deed restriction every ten years. Mayor Nelson called for public comment. Ron Adlington, owner of 204 Custer, suggested the best use of the property would be to use it for what it is zoned for and build an apartment complex. He believes having the dumpster would be disruptive to the residents in the area. Shane McClaflin, the owner of 202 Custer, believes the zoning change could negatively affect the residents on the street. He agreed that it would be better to have housing there than commercial. Sarah McClaflin, the owner of 202 Custer, also agrees with the concern about the disruption to the residential areas near the lot. She asked the Council for more law enforcement patrolling the area to be considered in the amendment. Mayor Nelson called two more times for public comment. There was none. Karp explained that currently, it is a vacant lot and commented that specific lighting would be required that wouldn' t disturb the residence much. Dan Sampson, the applicant, commented more on the planned lighting and planned to have three light poles in the lot with a security camera on each. City Attorney Ramler said he would like to review and approve the deed restriction if the Council requires one. City Manager Cardwell suggested that any motion that includes a deed restriction will require the language " with the authorization of the City Attorney" in it. He recommended staying under thirty years on the deed restriction. ACTION: Council Member Mattimoe moved to approve Ordinance No. 2024- 2 to amend the zoning of 206 W. Custer from CL to CC with the condition that prior to the ordinance taking effect, the property owner shall record a deed restriction revisited in 10 years by this Council amendable only with consent of the property owner and City Council that the lot will only be used for a parking lot and dumpster enclosure with authorization of the City Attorney. Council Member Guffey seconded the motion. All voted aye, motion carried unanimously. Page 2 of 8 Discuss and Consider Ord. No. 2024- 1 ( 2nd Reading) a Zone Text Amendment to Allow Marijuana Businesses on Main Street in Downtown Belgrade. Director of Community Development Karp explained that this petition is to amend the 500- foot rules for Marijuana business on Main St. The way the ordinance is written would restrict the two blocks from Weaver St. to Broadway and from Broadway to Kennedy St. the business would have to be more than 500 feet from any Church, School or public or quasi- public building or any property zoned residential or Lewis and Clark Park. The proposed location is at 23 W Main St. That location is within 500 ft of a residentially zoned area, the Post Office, and the Chamber of Commerce. The request would be to create an exemption for those two blocks to allow the marijuana business in that area. City Clerk Gregory mentioned that she had received two written public comments via email from Lisa Survoy and W. Andrew Young as the meeting started in opposition to the amendment. They were forwarded to the Council and can be viewed in the City Clerk' s office. William " Lake" Davis, 23 W. Main St., stood and explained that the storefront would sell more than just cannabis. They also would showcase local artists as well as have a juice bar. He handed out a packet that will be available to view or be requested from the City Clerk' s office. He said they would have a security system and that 90% of their product is pre- packaged, and the other 10% is stored in airtight, smell- proof containers. Onsite consumption is prohibited; they will do whatever it takes to be a good neighbor. Typical hours of operation are 10 am - 7 pm, but they want to extend those hours to 9 am - 8 pm. Mayor Nelson called for public comment. Betty J Biggs, residing at 8370 Forswall Rd., had lived in Belgrade for 87 years and spoke in opposition to the ordinance waiver because she believes it isn' t a business suited for Belgrade. Jessica Cuddeford spoke in opposition of the ordinance. She believes the smells from the shop would negatively affect her Salon Business. Michael Lentini, Owner of Pure Remedies at 215 Arden Dr. Unit 26 in Belgrade, proposed that if Belgrade wished to allow a dispensary to move into city limits by allowing them special provisions of the current marijuana ordinance, then the ordinance should be amended by removing the two clauses restricting licensees to set up within 500 feet of residential, public, and quasi-public buildings, similar to zoning requirements for dispensaries in Missoula which would allow for equal opportunity for all these licensees. Brandi Mendoza, residing at 406 McEwen Dr., spoke in favor of the amendment because she trusts the shop as a patron. Rhonda Gilbert, the owner of Center Ice Cafe at 11 North Broadway and Revamped Coffee shop at 403 Jackrabbit ln., spoke in favor of the amendment and commented that her coffee shop saw an 87% increase in her business when a dispensary opened in the same parking lot her business Page 3 of 8 is located and believes business would increase downtown should Mountain High be allowed to open. Elliot Lindsey, owner of Grizzly Pine, located at 6300 Jackrabbit Ln., wanted to make the Council aware that he and several of his colleagues are gathering correspondences from the Planning dept from when they were actively discouraged from applying for a variance in areas of Belgrade and the City may be overwhelmed with other cannabis shops applying if this amendment passes. Mike Devries, residing at 280 Heino Pl., in Manhattan. His company is developing north of Belgrade and spoke in opposition of the amendment because he doesn' t want to see dispensaries lining Main St. Alaina Garcia, residing at 56 Hitching Post Rd., spoke in favor of the ordinance amendment and would like to see more plant medicine available to the public. Krysta Baziak, residing at 300 Bridger View Dr., spoke in opposition of the ordinance amendment because of the proximity to public places the shop would be in. Graham Holysko residing at 1107 Cardinal Dr., spoke in favor of the ordinance amendment and believes it would benefit the City in tax revenue. Ethen Diliberto works at 9 E Main St. but resides on Bozeman, spoke in favor of the ordinance amendment, and appreciated the effort the applicant put forward to earn the trust of the people around them. Mayor Nelson called a second time for public comment. Adam Axelson, residing at 107 N Broadway, spoke in favor of the ordinance amendment and believed it would bring more diversity to downtown and tourism in general to Belgrade. Kate Quinn 2435 Shadow Dr. Spoke in opposition to the ordinance amendment and asked the Council to consider the safety of the children and families. She believed allowing dispensaries downtown would encourage more crime. Quinn then handed written public comments from herself, Terry Matthews, and Lindsey Drewiske to the City Clerk that were not previously received before taking her seat. They were copied and given to the council members and are available to view in the City Clerk' s office. Chyan Biggs, residing at 14 Sliver Fox Ln., spoke in opposition of the ordinance, agreeing that this may encourage more dispensaries to come in. Wes Mackenzie, a practicing Attorney all over Montana, spoke in favor of the ordinance amendment. Megan Biggs 14 Silver Fox Ln. spoke in opposition of the ordinance amendment because her family was negatively impacted by cannabis. Page 4 of 8  Stacy Jameson, residing at 42 Stockton Way, spoke in opposition to the ordinance waiver and didn' t see why the shop should be on Main St. because of the proximity to the park and library. Mayor Nelson called a third time for public comment. There was none. Davis, the applicant, clarified that the legal age to purchase cannabis is 21 years old with a valid US- issued ID. If you have a valid medical card, it must be active. He mentioned that he appreciates all the public comments and pointed out that he is a 6th- generation Montanan and wishes to help erase the old stigma of cannabis. There was a brief discussion among the Council on the business' s professionalism and the many great points heard from public comments on both sides, and whether there should be a restriction. City Attorney Ramler pointed out that if the Council would like to make any restrictions, the 500- foot restriction would be consistent. And the terminology should be marijuana business instead of dispensaries. City manager Cardwell agreed with Ramler that the 500- foot restriction is similar to what Missoula has, where there cannot be another cannabis shop within 500 feet of an existing cannabis shop. He also mentioned that another dispensary could apply to challenge the restriction. However, it would still ultimately be up to the Council to make the judgment. ACTION: Council Member Menicucci moved to approve Ordinance No. 2024- 1 to exempt Marijuana Businesses from the 500- foot rules on Main Street in downtown Belgrade between Weaver Street and Kennedy Street and also require that no marijuana business shall be allowed within 500 feet of an existing marijuana business in this zone. Council Member Mattimoe seconded the motion. Municipal Court Judge Gregory pointed out that the word " existing" might suggest that if two Marijuana business applications within a 500- foot zone come in, they both could be granted because there wasn' t an existing marijuana business. Cardwell and Ramler are comfortable with the current motion. There was a roll call vote. Motion carried 3 to 2. Council members voting " aye": Meis, Menicucci, Mattimoe Council Members voting " no": Guffey, Doyle. DISCUSSION AGENDA Discuss and Consider 2023 Mayfair Meadows Master Park Plan. Landscape Architect Stephanie Donovan, with Cushing and Terrel, stood and gave a brief PowerPoint presentation on the Mayfair Meadows Master Park plan. Page 5 of 8  City manager Cardwell commented that this is only to approve the plan. It will not commit to funding anything and mentioned that park funds could be used towards developing the Mayfair Meadows Park. He then thanked Klotz for getting this off the ground. Director of Parks and Recreation Klotz mentioned that the public is excited to have more diversity in the choice of where they can go. He also mentioned that Well Seven is located in the park, and there will be access to it. There will also be a landscape buffer surrounding the park to alleviate the noise and light pollution for the surrounding residents. Mayor Nelson called for public comment. Mike Devries, 280 Hino Pl., was concerned about the price per acre and thinks the parks district should look into developing the park all at once instead of doing it in phases to see if money could be saved. Mayor Nelson called a second time for public comment. Diana Perry 1013 E Gallatin commented that the process was very interesting to go through and enjoyed all the input provided and was glad to see so much interest in this project. Mayor Nelson called a third time for public comment. There was none. ACTION: Council Member Mattimoe moved to approve the 2023 Mayfair Meadows Master Park Plan. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider Amendments to Condition No. 58 Of the Ashton Meadows Subdivision Regarding Park Requirements. Director of Community Development Karp stood and quickly introduced Brad Stien, Senior Planner, and Hayden Caliguiri, Planner 1. He then explained that an amendment of a condition of approval like this can only be done when the City has the consent of the applicant, who was present to speak on their preferences of this condition of approval. Amending this condition will not change anything in the subdivision. It is only to clarify the conditions on how the Parks are handled now that there is a parks district. Mike Devries would like it to be memorialized that he has given more than the required 11% of park space and asks if they are required to finish the park. Klotz confirms that the raw land dedication meets the 11% park space, so there is no further requirement for development. It will likely develop through the Parks Master plan. City manager Cardwell asked how the City would receive a deed. Karp explained that the applicant must file a quit claim deed to the City. Devries agreed to take that extra step. Karp then mentioned that they will add a fifth condition that all park land shall be deeded to the City prior to final plat approval. Devries agrees. Page 6 of 8  Mayor Nelson called for public comment. There was none. ACTION: Council Member Menicucci moved to amend the Findings of Fact and Order for the Ashton Meadows Subdivision Condition No. 58 as shown in the staff report with the condition # 5 that all park land shall be deeded to the City Prior to final plat approval. Council Member Doyle seconded the motion. All voted aye, motion carried unanimously. REPORTS Mayor Nelson Ramler had nothing to report. City Attorney Ramler had nothing to report. City Manager Cardwell thanked the Council for their service in participating in the public process. Assistant City Manager Tryon had nothing to report. FOR YOUR INFORMATION Council Member Mattimoe attended the Author visit the library held and loved it. She is glad there are these programs. She also attended the Chat GPT class the library hosted. Council Member Doyle Attended the Senior Center Board meeting; they discussed creating a group to support the Senior Center and how to obtain additional space for the workout sessions. He also mentioned that he attended the Fireboard meeting. They reviewed business inspections and said they are working with IROLL and GIS services to keep up with all the new approved streets. Council Member Menicucci asked Cardwell about the Gallatin water collaborative working group she emailed about. Cardwell said he is waiting for the Public Works Director to return so he can get their input. She also applauded the Council for coming together to get the job done, whether they all agreed with each other or not. Council Member Meis mentioned the Gallatin Valley Transportation District on Tuesday the 21st, 2024, at 3: 30p at the new HRDC building on Griffin, which he' s excited to tour. They will also go through board training after the meeting. Council Member Guffey had nothing to report. ADJOURN Council Member Doyle moved to adjourn the meeting,at 9: 39 pm. iL C17 9` f Russell C. Nelson, Mayor Page 7 of 8 Attest: Camil Gregory, City Cl rk IT ol000 ia Page 8 of 8