Belgrade City Council

CITY OF BELGRADE COUNCIL MEETING MINUTES COUNCIL CHAMBERS August 19, 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, Jim Simon, Kristine Menicucci, and Renae Mattimoe. City staff in attendance were City Manager Neil Cardwell, Assistant City Manager Greg Tryon, City Attorney Kyla Murray, City Clerk Camille Gregory, Executive Assistant Dana Jambor, Executive Finance Director Charity VanKirk, Chief of Police Dustin Lensing, Director of Information Technology Ryan Curtis, Director of Community Development Jason Karp, Chief Building Official Lucas Sobeck, Director of Human Resources Becky Wilbert, Director of Parks and Recreation Steve Klotz, Public Works Director Camaree Uljua, Director of Facilities and Fleet James and Fire Chief Jay Wittwer. Others in attendance were Karl Wessel, Barbara Winchester, Jay Winchester, Pam Knowles, and Bill Beckman. PUBLIC FORUM Mayor Nelson called three times for public comment. There being none, the public forum was closed. PUBLIC HEARING Discuss and Consider Final Adoption of Ordinance No. 2024- 5 to Amend the Zoning of Lot 6 and Utility Lot in the Yellow Iron Subdivision from CC- Commercial Corridor to FE- Flex Employment Director of Community Development Karp explained that HD Fowler, the Applicant, and future businesses plan to locate in the area. As a result, they have requested that Lot 6 and the adjacent Utility Lot in Yellow Iron Subdivision have their zoning amended from CC- Commercial Corridor to FE- Flex Employment. The proposed new zoning is contiguous with FE Zoning. The Applicant plans to construct a building and a large outdoor storage area for their merchandise. Director Karp noted that the Applicant' s proposed use would better fit the FE Zoning District, with the adjacent Commercial Corridor zoning closer to Jackrabbit Lane. Karp also noted that the Belgrade City- County Planning Board voted to recommend the Zone Map Amendment at its July 29, 2025, public hearing. Mayor Nelson called three times for public comment. There was none. Page 1 of 8 ACTION: Council Member Meis moved to approve Ordinance No. 2024- 5 to amend the zoning of Lot 6 and Utility Lot in the Yellow Iron Subdivision from CC- Commercial Corridor to FE- Flex Employment as requested by the Applicant. Council Member Menicucci seconded the motion. All voted aye, motion carried unanimously. DISCUSSION AGENDA Discuss and Consider Mayor Appointments to Various Advisory Boards Mayor Nelson announced the confirmation of the following appointments: Regional Parks Board Confirm Jamie Rosemary - County Representative City/County Planning Board Confirm Will Bockstiegel— County Representative ACTION: Council Member Menicucci moved to adopt the Mayor' s appointments and recommendations to the various advisory boards, as detailed in this Item Summary. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider the Process for Filling the Ward 2 Council Vacancy City Manager Cardwell explained that with Council Member Doyle' s resignation, per the City Charter Section 2. 02, the Council has 60 days to appoint a replacement. That replacement will serve until the next regular municipal election. He noted that the Charter states the following: In the event of a vacancy, the council shall, within 60 days by a majority vote of the remaining members, appoint a person eligible to hold a council seat to fill the vacancy until the next regular city election, at which time the remainder of the term shall be filled as required by law.". Cardwell also noted the deadline for filling the empty seat is September 26, 2024. The position will appear on the ballot in the next municipal election, November 2025, to fulfill the remainder of the term. The term for the vacated seat concludes on December 31, 2027. Cardwell advised that the City' s staff recommends the City Clerk post the vacancy, and the Council conduct interviews according to the following timeline: August 19 - Council discusses and adopts the process August 20 - City posts vacancy on the website and sends notice to local newspapers September 9 - Council conducts interviews ( Special Meeting) September 16 - Council selects the new member, who will be sworn in after selection This timeline is a suggestion and can be adjusted based on the Council' s preferences. Mayor Nelson called three times for public comment. There was none. Page 2 of 8  ACTION: Council Member Mattimoe moved to approve the process for filling the vacancy in Ward 2 of the City Council as presented. Council Member Simon seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider Calling for a Public Hearing on the FY2025 Final Budget Executive Director of Finance VanKirk explained that the preliminary budget only needed a few minor changes and is ready for a public hearing. The hearing to adopt the final budget would take place on September 16, 2024. Mayor Nelson called three times for public comment. There was none. Mayor Nelson asked City Manager Cardwell if there was anything the Council could do to get the Department of Revenue ( DOR) to report all the properties in the City of Belgrade and not just what they got to. Cardwell answered that he will be meeting with the DOR tomorrow, August 20, 2024, and will be bringing them the City' s concerns. Specifically, he planned to ask when the DOR knew they were not going to give the City this information, and why did they not notify the City of that fact when it was determined. There was a brief discussion about how this situation was handled by the DOR. ACTION: Council Member Simon moved to set a public hearing on September 16, 2024, for the adoption of the Final FY2025 Budget. Council Member Guffey seconded the motion. All voted aye, motion carried unanimously. Discuss and Consider Resolution 2024- 19 Approving the FY2025 Budget of the Belgrade Regional Parks Trails and Recreation District Executive Director of Finance VanKirk presented the Belgrade Regional Parks, Trails, and Recreation District budget. She stated that the budget had already been presented to the Parks Board, where it was approved, and now it needs to be approved by the City Council and then the County Commission. Mayor Nelson called three times for public comment. There was none. Council Member Simon asked if the park impact fees were included in the park budget or if they were in the City' s budget. He also asked if the Parks Department could use those fees if requested. VanKirk confirmed that the impact fees are included in the City' s impact fees budget. City Manager Cardwell clarified that the Park Board could advise the Council if a particular need would be a good use of those impact fees. However, because those dollars are part of the City' s impact fees, it is the Council' s responsibility to decide the matter. Page 3 of 8 ACTION: Council Member Mattimoe moved to approve the Fiscal Year 2025 Parks & Recreation Budget. Council Member Menicucci seconded the motion. There was a roll call vote: Motion carried 5- 0. Council members voting " aye": Guffey, Meis, Simon, Menicucci, and Mattimoe Council Members voting " no": None Council members Absent: None Discuss and Consider Authorizing the City Manager to Enter an Agreement for Utility Bill Printing Executive Director of Finance VanKirk explained that there is only one Utility Billing employee who has to build the bills, print them all out, fold them, stuff them, and mail them out. That employee must also tend to other duties, which include answering phones and being at the front counter to tend to customers. She noted this process takes a significant amount of time and distracts the employee responsible from their other duties. VanKirk stated that this proposed agreement would allow the City to contract with a company called Infosend. Pursuant to that agreement, Utility Billing would still process and compile the bills digitally. Utility Billing would then store those files on an encrypted file and provide them to the contracted company ( Infosend), who would print them from that file, stuff them, and mail them out. Karl Wessel, residing at 1402 Powers Blvd., asked if outsourcing the bills would result in cost savings or if this would actually add a new cost on top of the employee' s wages. VanKirk explained that if this agreement were to be approved it would result in no extra cost, as the City would save enough money on paper, envelopes, postage, and saved employee time to break even. She said there will be no savings but also no extra expense after all savings and costs are balanced. There was some debate about the matter. Manager Cardwell called for a five- minute recess at 7: 33 pm. The meeting resumed at 7: 34 pm. Bill Beckman, residing at 910 Montana St., asked if the file that Utility Billing would give to Infosend would be secure. VanKirk confirmed that she has worked with Infosend in the past and trusts them to keep the information safe. Page 4 of 8  Council Member Meis asked if sensitive information like credit card numbers would be excluded from what is on the file given to Infosend. VanKirk confirmed he was correct. She said the file would still be encrypted. Mayor Nelson called three times for public comment. There was none. ACTION: Council Member Meis moved to authorize the City Manager to enter into a three- year contract with Infosend, Inc. for the printing and distribution of monthly utility bills. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. Discuss Utility Rate Increase and July Billing Issues Executive Director of Finance VanKirk started her presentation by pointing out that there were pictures of the Finance and Public Works staff included in her presentation. However, due to the public' s increase in hostility towards both departments during and outside of office hours, the staff has requested that their pictures be taken out of the presentation VanKirk also explained that there had been complications with billing for water usage. The City has corrected all of the identified issues and are working on one last issue that was just found. She then went on to address complaints from the public about their water bills, noting that many claim they could not have used or did not use the amount of water the City charged them for. VanKirk reviewed the ways that someone can use the amount of water that many have claimed is impossible, including situations when a citizen has an old AMR meter that needs to be replaced. Public Works Director Uljua mentioned that some money is budgeted to replace the older AMR meters. She said replacing them is just a matter of manpower availability. City Manager Cardwell thanked VankKirk, Uljua, and their staff for their efforts. He then recognized that emotions have been high in the community due to fiscal reasons but asked that the citizens please remember that the staff does not have the ability to change policy and that they are people with feelings. Mayor Nelson called for public comment. Bill Beckman, residing at 910 Montana St. Unit A, stated he is happy to pay for the water as long as he is paying for what he uses. He wanted to know if there' s a way he can read his own meter. Karl Wessel, who resides at 1402 Powers Blvd, asked how to tell what classification he falls in and how the City will handle the penalties when a customer has a credit card set up to pay automatically. He asked the City to consider that the increase was too much too fast. Pam Knowles, residing at 910 New York Dr., agrees with Karl that the increase was too much too fast and believes this increase causes distrust. She pointed out that there are a few months near and during the sewer averaging months with a zero read and wanted to know how that would affect her sewer averaging for the year. Page 5 of 8  Jay Winchester, residing at 108 Hoffman St., wanted to make sure he was correct in understanding that because his June meter reading was zero, his July bill reflected what was missed in June because of that error. He mentioned that the same thing also happened in November and March, where there were" zero reads." Karl Wessel stood again to thank whoever in the Finance Department helped him understand his bill. Mayor Nelson called two more times for public comment. There was none. City Manager Cardwell mentioned that the classifications are not listed on the bill and instructed those who were curious about it to call the Utility Billing office in the Finance Department. As for the credit card issue, Cardwell noted all billing and payment software used by the City had to change at the same time. These changes were noticed to the public via email, letters, flyers in water bills, and in the paper. He then confirmed that homeowners can read their own water meters, and the staff will be putting out information fliers on how to do so. The City does not have specific June/ July reads, so the City took those reads and divided them in half, which might answer why the usage looked off. Cardwell then explained that slowing the rate increase could be a conversation for the Council. However, it would require reviewing the entire rate study again and holding multiple meetings and public hearings. Lastly, Cardwell went over why the City had to increase the rates the way they did. He noted many high bills came from the newer neighborhoods with the installed sprinkler systems in brand new lawns set by the builder and were never adjusted. Council Member Meis asked if the City had seen a reduction in usage during the peak morning hours since the restriction was put in place. Director of Public Work Uljua confirmed there had been a substantial reduction in usage during those hours. However, it's hard to determine if it was because of the restriction because it coincided with the public receiving their new water bills. Discuss and Consider the Option of the Council Taking a Position on Public Civility in Communications with City Staff The City Council took this moment to address Belgrade citizens' behavior toward the City staff over their increased water bills. The Council explained to the public that City staff are just doing what the Council has set in policy for them to do. The Council invited the public to come to them instead of taking their frustrations out on the staff. Page 6 of 8  There was a brief discussion on who would be willing to volunteer to sit on a temporary committee to discuss how to inform the public about civility. It was decided that a two-person committee would be formed to write a letter to the editor of the paper, Council Member Simon asked if there was any action the City could take if the uncivil behavior persisted. City Attorney Murray cited Montana Code Annotated § 45- 8- 101, stating individuals who behave in this way can be cited with the criminal offense of Disorderly Conduct. However, the City would like to avoid having to use that measure if possible. Mayor Nelson called three times for public comment. There was none. ACTION: Council Member Menicucci moved to form a committee for the purpose of educating the public about public civility and communicating with City staff and the committee consisting of Council Member Mattimoe and Member Guffey be dissolved after the letter is submitted. Council Member Mattimoe seconded the motion. All voted aye, motion carried unanimously. REPORTS Mayor Nelson thanked the City for cutting the Yellowstone Plaza pit weeds. City Attorney Murray had nothing to report. City Manager Cardwell reported that Saturday, August 24, 2024, is the Guns and Hoses fundraising baseball game. Cardwell also noted the Belgrade School District Board authorized asking the citizens to vote on a land exchange ( the" Land Exchange" herein) between the School District and the City. Cardwell then mentioned that Gallatin County, Belgrade School Districts, Bozeman School Districts, and the Cities of Bozeman and Belgrade released a joint press release. A signed copy was to the Department Revenue ( DOR). also sent of He noted that on August 20, 2024, the City of Belgrade will host a staff meeting with the DOR to try to work together to resolve some issues. Police Chief Lensing gave a brief overview of the study that will be done on the Belgrade Police Department' s operations. The study will consider the City' s rapid population growth and make some projections for the Department going forward. FOR YOUR INFORMATION Council Member Guffey had nothing to report. Page 7 of 8  Council Member Meis asked Cardwell about utilizing MSU' s Community Design Center. Cardwell said he met with the Community Design Center, in preparation for if the public authorized the Land Exchange. They are excited about the prospect of working with the City, and the City is equally excited about working with MSU. Council Member Simon reported that he will be at the Fire Board meeting the next night, August 20, 2024. He also mentioned a scary moment he witnessed at the Town Pump next to Lewis and Clark Park involving children in a crosswalk and a reckless driver. Fortunately, no one was hurt, but Simon mentioned that flashing crosswalk signs should be put there. Director of Public Works Uljua explained that the City was awarded the Safe Streets for All grant. This grant will be used to create a Safety Action Plan that will focus on Belgrade' s downtown corridor. However, Uljua noted the intersection in front of the Town Pump on Main St. is already included in the Madison Ave. sidewalks project that the City was awarded the Transportation Alternatives grant for. As part of that grant, flashing caution signs will be installed at that intersection. The project will not start until 2026, though. Council Member Menicucci asked if the Railroad has a special exemption from mowing their weeds. Cardwell confirmed they are on federal land, so the City has no jurisdiction to force the Railroad to do anything about the weeds. However, he said he can talk with Public Works about possibly helping the Railroad with the weeds. Council Member Mattimoe attended the Parks, Trails, and Recreation Board meeting and reported that the Parks Master Plan survey was completed. With that information, the goal is to have the plan flushed out by the end of the year. Mattimoe also mentioned that the Board has submitted a name for one of the parks in Prescott Ranch. She also reported that the Board discussed the lands that would be part of the Land Exchange with the School District. ADJOURN Council Member Simon moved to adjourn the meetin' • t 9: 22 pm. 4 1/ d14'-- ussell C. Nelson, Mayor 7(- - Attest: auvrt..dik p 0 regerk Camille Gory; City ' ti Page 8 of 8