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Home My WebLink About03-05-24 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, March 5, 2024 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 5, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent: None Excused: None Staff Present at the Dais: Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:20:39 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse 00:22:01 Reflection on Sgt. Nevada Krinkee that was killed in the line of duty in Sheridan, WY, and the anniversary of the loss of Tara Bowman in the downtown explosion. B) 00:23:31 Pledge of Allegiance and a Moment of Silence C) 00:24:09 Changes to the Agenda D) 00:24:31 FYI DM Morrison highlighted his ride along the day prior with Lt. Richardson. Mayor Cunningham highlighted that ACM Peters' last meeting was last week and provided a note of appreciation; he also highlighted Fire Captain Joe Kitwoski's retirement. ACM Winn provided an update on a partnership with Western Transportation Institute and Bozeman School District 7 for a safe routes to school and 13 walking school bus events; short-term worker positions are open for hire and on March 27 from 12-6 p.m. there will be a hiring event. Mayor Cunningham provided information on the upcoming State of City addresses on March 18 at 12 p.m at the Emerson and March 20 at 6 p.m. at Fire Station 3. E) 00:30:03 Commission Disclosures F) 00:30:10 Consent F.1 Accounts Payable Claims Review and Approval F.2 Formal Cancellation of the March 12, 2024 Regular City Commission Meeting DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, March 5, 2024 Page 2 of 10 F.3 Ratify City Attorney's Retainer of Jordan Crosby to Serve as Legal Counsel for the Board of Ethics Regarding Issues Related to the City Manager's Video Retainer Agreement F.4 Notice of Intent to Partner with Western Transportation Institute for Application to USDOT 2024 Rural Autonomous Vehicle Program F.5 Authorize the City Manager to sign the Notice of Award and contract documents, once received, for the City of Bozeman Water Reclamation Facility 2024 Gravity Thickener Rehabilitation Project to DN Tanks of Montana, LLC. Notice of Award_WRF Gravity Thickener Rehab_DN Tanks.pdf COB WRF 2024 Gravity Thickener Rehabilitation Project_Contract Documents.pdf F.6 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement for Digital Orthoimagery and Lidar Acquisition for the Purpose of Removing Additional Services From Contract Digital Orthoimagery and Lidar Acquistion_First PSA Amendment.docx Ayres_Bozeman Ortho and Lidar 2024_updated_021924.pdf F.7 Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement for Materials Testing Term Contract with Morrison-Maierle, Inc. for the Purpose of Obtaining Materials Testing on Various City Projects for the 2024 Construction Season PSA Amendment No 2.pdf 22- Professional Services Agreement - Morrison Maierle - Materials Testing.pdf F.8 Authorize the City Manager to Sign a Task Order Eight with Baker Tilly Municipal Advisors for a Financial Feasibility and Needs Analysis of the 8 Aspen Tax Increment Financing (TIF) Assistance Request 24- Task Order 8- Baker Tilly - 8 Aspen.pdf F.9 Authorize the City Manager to Sign a Task Order Nine with Baker Tilly Municipal Advisors for a Financial Feasibility and Needs Analysis for a Bozeman Block 104 Tax Increment Financing (TIF) Assistance Request 24- Task Order 9- Baker Tilly - Block 104.pdf F.10 Resolution 5562 Authorizing Change Order 1 with Allied Trenchless for the 2023 CIPP Projects Resolution 5562.doc 2022_CIPP_Projects_CO1_2-21-24 - Signed.pdf F.11 Resolution 5569 Modification of Special Improvement Lighting District 748 MSU Innovation Campus Resolution 5569- Modify SILD 748 -MSU Innovation Campus.doc F.12 Resolution 5575 Creation of Special Improvement Lighting District 784 North Park Development Resolution 5575-Creation of SILD 784.doc F.13 Resolution 5577 Modification of Special Improvement Lighting District 767 Bozeman Gateway Sub PUD Phase4 (West Garfield St) to include the MSU Innovation Campus Resolution 5577- Modify SILD 767-Bozeman Gateway Sub PUD Phase 4 (West Garfield Street).doc F.14 Resolution 5585 Authorizing the City Manager to Sign Change Order 1 for the Municipal Groundwater Test Wells Project with O'Keefe Drilling Company Resolution 5585_CO No. 1_Municipal Test Well_20240222.pdf Change Order No. 1_Municpal Test Well.pdf DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, March 5, 2024 Page 3 of 10 00:30:11 Clarification of F.3 00:31:04 City Manager Introduction ACM Winn provided the highlights of the Consent Agenda. 00:32:05 Public Comment Mayor Cunningham opened the consent agenda for public comment. 00:32:43 Jena Reno commented asking for clarification on F.3. 00:34:24 Clarification of City Attorney 00:37:10 Motion to approve Consent items 1-14 as submitted. Joey Morrison: Motion Douglas Fischer: 2nd 00:37:21 Vote on the Motion to approve Consent items 1-14 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None G) 00:37:44 Public Comment Mayor Cunningham opened general public comments. 00:38:55 Felix Spinelli commented on the City Manager video. H) 00:42:06 Action Items H.1 00:42:08 Authorize Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich 02.29.2024 - Severance and General Release Agreement Mihelich_signed by J. Mihelich.pdf Mihelich_Employment_Agreement_and_2021_Amendment.pdf 00:42:21 Staff Presentation CA Sullivan presented a brief overview and summary of the agreement. 00:46:12 Questions of Staff 00:52:02 Public Comment Mayor Cunningham open this item for public comment. DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, March 5, 2024 Page 4 of 10 00:52:18 Daniel Carty commented in support of the agreement. 00:53:26 Hillary Brown commented in support of an external investigation. 00:56:45 Jena Reno commented in opposition to the agreement. 00:59:25 Motion to authorize the Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich. Douglas Fischer: Motion Christopher Coburn: 2nd 00:59:38 Discussion 01:06:45 Vote on the Motion to authorize the Mayor to Sign Severance and General Release Agreement with City Manager Jeff Mihelich. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None H.2 01:07:01 Resolution 5584 Calling for an Election on the Question of Conducting a Local Government Review and Establishing a Study Commission Pursuant to Section 7-3- 171 through 7-3-193 of the Montana Code Annotated Continued from February 27, 2024 Resolution 5584 for 2024 Government Review Process .pdf Bozeman Government Review History .pdf 01:07:39 Staff Presentation CC Maas presented the resolution, general information on a study commission, the scope of study commission recommendations, funding and estimated costs, a timeline of the process, recent history in Bozeman, and the question for the City Commission. 01:12:17 Questions of Staff 01:21:19 Public Comment Mayor Cunningham opened this item for public comments. 01:21:24 Daniel Carty spoke in support of the resolution. 01:22:21 Felix Spinelli commented in support of the resolution. DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, March 5, 2024 Page 5 of 10 01:24:40 Motion to approve Having reviewed and considered the resolution, public comment, and staff presentation, I hereby move to approve Resolution 5584 calling for an election on the question of conducting a local government review and establishing a study commission pursuant to section 7-3-171 through 7-3-193 of the Montana Code Annotated. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:25:06 Discussion 01:30:20 Vote on the Motion to approve Having reviewed and considered the resolution, public comment, and staff presentation, I hereby move to approve Resolution 5584 calling for an election on the question of conducting a local government review and establishing a study commission pursuant to section 7-3-171 through 7-3-193 of the Montana Code Annotated. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None H.3 01:30:50 Growth Policy Amendment Application, the SRX North GPA, to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 17.485 Acres. The Property is Generally Located Between Arnold and Graf Streets and East of South 19th Avenue. This Application 23063 is Associated with a Separate Zone Map Amendment Request, see Application 23059 23063 SRX North GPA CC SR.pdf 23063 SRX North GPA Boundary.pdf 001 Narrative (1).pdf 01:31:42 Staff Presentation Senior Planner Tom Rogers presented the application to modify the Future Land Use Map (FLUM); he entered the staff report, applicant submittal and all public comment into the record. He presented the requested change from Urban Neighborhood to Community Commercial Mixed Use, an overview of the growth policy, the amendment criteria, the project site, FLUM designation and zoning designations in the area, a synopsis of staff analysis, a summary of noticing, public comments, and the recommendations. 01:49:15 Questions of Staff 02:17:01 Applicant Presentation Parker Lange, Providence Development, presented the application, and project background. DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, March 5, 2024 Page 6 of 10 Tyler Steinway, Intrinsik Architecture, presented the subject site, additional projects in the area, existing FLUM and zoning designations, proposed FLUM and zoning designations, site design factors, Community Plan goals and objectives, growth policy approval criteria, and approximate project schedule. 02:27:26 Questions of Applicant 02:37:04 Public Comment Mayor Cunningham opened this item for public comments. 02:37:27 Allison Sweeney commented on the application. 02:40:55 Marcia Kaveney commented on the application. 02:43:44 Motion to deny Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to deny Application 23063, the SRX North Growth Policy Amendment. Jennifer Madgic: Motion Joey Morrison: 2nd 02:44:19 Discussion 03:06:30 Vote on the Motion to deny Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to deny Application 23063, the SRX North Growth Policy Amendment. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Disapprove: Christopher Coburn 03:06:45 Clarification of Staff 03:08:31 Break Mayor Cunningham called the meeting into recess. 03:16:05 Call to Order Mayor Cunningham called the meeting back to order. H.4 03:16:10 The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, March 5, 2024 Page 7 of 10 Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 Acres. Property is Located on the Northeast Corner of the Intersection of 19th Avenue and Graf Street; This Report Only Addresses the B-2M Portion of the Application 23059 SRX North ZMA(B-2M) CC SR.pdf 03:16:29 Applicant Withdrawal of the B-2M portion of the application H.5 03:17:14 The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39,86 Acres. The Property is Located in the Northeast Corner of the Intersection of 19th Avenue and Graf Street; This Report Only Addresses the REMU Portion of the Application. 23059 SRX North ZMA(REMU) CC SR.pdf 03:17:55 Staff Presentation Associate Planner Elizabeth Cramblet entered the staff report, any public comment, and the applicant material into the record; she presented the subject site, ** nearby zoning in the area, distances to existing commercial uses, the zoning criteria of evaluation, a summary of notices, public comments, and the recommendations. 03:25:36 Questions of Staff 03:26:30 Applicant Presentation Parker Lange and Tyler Steinway presented the application, noted a deed-restricted affordable housing as a portion of the application, the location map, the community plan goals and objectives, the zoning criteria of approval, and proposed zoning. 03:29:19 Questions of Applicant 03:30:21 Public Comment There were no public comments on this item. 03:31:01 Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the REMU element of the South Range Crossing North Zone Map subject to contingencies required to complete the application processing. Joey Morrison: Motion Douglas Fischer: 2nd DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, March 5, 2024 Page 8 of 10 03:31:28 Discussion 03:36:22 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the REMU element of the South Range Crossing North Zone Map subject to contingencies required to complete the application processing. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None I) 03:36:36 Pending Business I.1 03:36:37 Tabled Motion Related to Initiation of Outside Investigation into the Conduct of the City Manager 03:37:00 Clarification of City Attorney 03:37:46 Public Comment There were no comments on this item. 03:38:16 Motion to remove agenda item I.1 from the table. Douglas Fischer: Motion Christopher Coburn: 2nd 03:38:26 Discussion 03:38:42 Vote on the Motion to remove agenda item I.1 from the table. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 03:39:04 Discussion DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, March 5, 2024 Page 9 of 10 03:39:41 Vote on the Motion to request the City Attorney retain an outside investigator to conduct an investigation into the conduct of the City Manager as demonstrated by the statements made by the City Manager in the video from January 17, 2024, to determine the basis for the City Manager's comments and determine if other similar behavior and conduct has occurred. This investigation grants the authority to the investigator as provided for in Sec. 2.09 of the City Charter. The results of the investigation must be shared with the entire City Commission, if the City Manager does not resign by close of business on February 14, 2024. The Motion failed 0 - 5. Approve: None Disapprove: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer J) 03:39:56 Appointments J.1 03:40:01 Appointments to the Urban Parks and Forestry Board Brandt Berube.pdf Donald Ulrich.pdf 03:40:10 Public Comment Mayor Cunningham opened this item for public comments. 03:40:38 Motion to appoint Donald Ulrich to the Urban Parks and Forestry Board to a term ending December 31, 2025, and Brandt Berube to a term ending December 31, 2024. Joey Morrison: Motion Douglas Fischer: 2nd 03:40:54 Vote on the Motion to appoint Donald Ulrich to the Urban Parks and Forestry Board to a term ending December 31, 2025, and Brandt Berube to a term ending December 31, 2024. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None K) 03:41:51 FYI / Discussion DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, March 5, 2024 Page 10 of 10 L) 03:42:02 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 19, 2024 DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B