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HomeMy WebLinkAbout04-27-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - WebEx Videoconference B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Consent F.1 Accounts Payable Claims Review and Approval (Yeykal) F.2 Authorize the City Manager to Sign a Notice of Award to CK May Excavating, Inc. for THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 27, 2021 This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=ee4acb1204372c8850439d32a33a5c272 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream or channel 190 United States Toll +1-650-479-3208 Access code: 182 466 0350 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 Construction of the Griffin Drive and Manley Road Street and Stormwater Improvements(Lonsdale) F.3 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement and a Utility Easement with Swissdetail Inc. for the Swiss Plaza Site Plan (20372)(Johnson) F.4 Authorize the City Manager to Sign a Public Access Easement and a Utility Easement with Bridger Veterinary Facility, LLC for the Bridger Veterinary Specialty Hospital Site Plan Project (20394)(Johnson) F.5 Authorize the City Manager to Sign a Public Access Easement and Two Sewer and Water Pipeline and Access Easement and Agreements with Cottonwood Project, LLC for the Cottonwood Apartments Site Plan Projects (20390, 20391, and 20392)(Johnson) F.6 Authorize the City Manager to Sign a Professional Services Agreement with Sprout, Inc. for Median and Grounds Maintenance Services(Maines) F.7 Authorize the City Manager to Sign a Professional Services Agreement with Corrpro (Aegion) for Annual Inspection of the Hilltop Tank Cathodic Protection System(Miller) F.8 Authorize the City Manager to Sign an Amended Professional Services Agreement for a Lobbying Services for 2021-2022 Interim Legislative Session(Veselik) F.9 Authorize the City Manager to Sign a Task Order NE21-004 with Sanderson Stewart for the Cottonwood and Ida Parking Structure Pro Forma(Fine) F.10 Ordinance 2072 Final Adoption, An Ordinance of the City Commission of the City of Bozeman, Montana Amending Chapter 36 Definitions; and Establishing License Requirements and Fees for Commercial Shared Micromobility Businesses; and Providing an Effective Date(Londsdale ) G.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. H.Mayoral Proclamation H.1 Mayoral Proclamation Proclaiming Arbor Day(Andrus) I.Action Items I.1 Resolution 5301, Establishing Fees for Commercial Shared Micromobility Businesses(Lonsdale) 2 I.2 Resolution 5293, Allocating Cash-in-Lieu of Parkland Funds to Complete the Bogert Park Court Renovation Project(Kline) I.3 Resolution 5292, Establishing "Engage Bozeman" as the City's Community Engagement Framework to Broaden and Deepen Public Participation in City Government(Mileur/Hess) J.Work Session J.1 Parking Work Session(Veselik) K.FYI / Discussion L.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission FROM:Marcy Yeykal, Accounting Technician Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at http://www.bozeman.net/government/finance/purchasing Individual claims in excess of $100,000: to be announced in weekly e-mail from Accounts Payable Clerks Marcy Yeykal and Levi Stewart. Report compiled on: April 15, 2021 4 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Shawn Kohtz, City Engineer SUBJECT:Authorize the City Manager to Sign a Notice of Award to CK May Excavating, Inc. for Construction of the Griffin Drive and Manley Road Street and Stormwater Improvements MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a notice of award to CK May Excavating, Inc. for construction of the Griffin Drive and Manley Road Street and Stormwater Improvements. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Attached is a copy of the Notice of Award for the Griffin Drive and Manley Road Street and Stormwater Improvements. The project generally consists of construction of a new three-lane roadway on Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter, separated multi-use pathways on both sides, a traffic signal at Manley Road, lighting and utility improvements. The project also includes construction of approximately 200 feet of Manley Road from Griffin Drive to the south end of the Manley Road reconstruction project, which was completed in 2020. The contract is to be completed with in 180 days of the notice to proceed. The bids for this project were opened on April 8, 2021 with three bids submitted. The low bid was submitted by CK May Excavating, Inc. in the amount of $4,267,389.88. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:This contract will be paid for under SIF113 - Griffin (7th to Rouse) - Construction with funds from the Arterial & Collector District Fund and Street Impact Fee Fund in both FY21 and FY22. 5 Attachments: GriffinManley_Notice_of_Award.pdf GriffinManley_Bid_Recommendation_040921.pdf Report compiled on: April 15, 2021 6 EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice of Award Date: _______________ Project: Griffin Drive and Manley Road Street and Stormwater Improvements Owner: City of Bozeman Owner's Contract No.: Contract: To provide street improvements, utilities and electrical on Griffin Drive and Manley Road in Bozeman, MT. Engineer's Project No.: 19078.01 Bidder: CK May Excavating, Inc. Bidder's Address: P.O. Box 1426; Belgrade, MT 59714 You are notified that your Bid dated April 8, 2021 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Schedules I - IV. The Contract Price of your Contract is Four Million, Two Hundred and Sixty-Seven Thousand, Three Hundred and Eighty-Nine and 88/100 Dollars ($4,267,389.88). Electronic copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner electronic fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 3. Other conditions precedent: Deliver with the executed Contract Documents the required insurance certificates. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Bozeman Owner By: Authorized Signature Title Copy to Engineer 7 April 9, 2021 Mr. Taylor Lonsdale, PE Engineering Division City of Bozeman 20 East Olive Bozeman, MT 59715 SUBJECT: BID AWARD RECOMMENDATION Griffin Drive and Manley Road Street and Stormwater Improvements Project No. 19078.01 Dear Taylor: On April 8, 2021, competitive bids for the above referenced project were accepted and publicly opened. Three bids were received from CK May Excavating, Inc., Knife River – Belgrade, and Treasure State, Inc. Listed below is a summary of the verified bids relative to the engineer’s opinion of probable cost: BIDDER Engineer’s Opinion of Probable Cost CK May Excavating, Inc. Knife River – Belgrade Treasure State, Inc. Schedule I $2,940,116.00 $2,331,863.81 $2,799,008.00 $2,679,637.85 Schedule I - FF $200,000.00 $200,000.00 $200,000.00 $200,000.00 Schedule II $75,400.00 $107,853.14 $117,116.00 $128,273.75 Schedule II - FF $15,000.00 $15,000.00 $15,000.00 $15,000.00 Schedule III $671,480.00 $1,011,599.36 $841,148.00 $909,794.15 Schedule III - FF $100,000.00 $100,000.00 $100,000.00 $100,000.00 Schedule IV $542,021.25 $451,073.58 $474,683.00 $517,263.25 Schedule IV - FF $50,000.00 $50,000.00 $50,000.00 $50,000.00 Total Bid $4,594,017.25 $4,267,389.88 $4,596,955.00 $4,599,969.00 A couple of minor discrepancies were noted in CK May’s bid (highlighted numbers above), which appear to be due to a minor difference in rounding between the schedule totals read during the bid opening and the schedule totals in the exported bid tabulation, but the overall total bid is the same. 8 Based on this review, Sanderson Stewart recommends that the City of Bozeman move forward with a contract award to CK May Excavating, Inc. in the amount of $4,267,389.88. A copy of the bid tabulation is attached to this letter for reference. Please call if you have any questions or would like further information. Sincerely, Danielle Scharf, PE, PTOE, LEED AP Principal/Bozeman Region Manager DRS/snh Enclosures: Bid Tabulation 9 Griffin Drive and Manley Road Street and Stormwater Improvements (#7643352)Owner: City of BozemanSolicitor: Sanderson Stewart04/08/2021 03:00 PM MDTSection TitleLine ItemItem CodeItem DescriptionUofMQuantityUnit PriceExtensionUnit PriceExtensionUnit PriceExtensionUnit PriceExtensionSchedule I: Street Improvements-Base Bid$2,940,116.00$2,331,863.81$2,799,008.00$2,679,637.85101101Mobilization and InsuranceLS1$492,216.00$492,216.00$141,669.66$141,669.66$250,000.00$250,000.00$399,111.85$399,111.85102102Traffic Control During ConstructionLS1$100,000.00$100,000.00$213,864.62$213,864.62$335,000.00$335,000.00$250,000.00$250,000.00103103SWPPP SubmittalLS1$5,000.00$5,000.00$1,521.09$1,521.09$5,000.00$5,000.00$5,000.00$5,000.00104104SWPPP ImplementationLS1$45,000.00$45,000.00$7,335.37$7,335.37$83,000.00$83,000.00$90,000.00$90,000.00105105Clear and Grub (includes Tree Removal)LS1$10,000.00$10,000.00$28,331.86$28,331.86$5,000.00$5,000.00$27,500.00$27,500.00106106Strip, Stockpile & Replace or Dispose of TopsoilCY3800$30.00$114,000.00$27.00$102,600.00$28.00$106,400.00$25.00$95,000.00107 107Sawcut and Remove & Dispose Existing Asphalt (Includes Griffin Dr., Connecting Streets, and Drive Approaches)SY 16960 $10.00 $169,600.00 $2.05 $34,768.00 $4.50 $76,320.00 $7.25 $122,960.00108108Unclassified ExcavationCY10500$16.00$168,000.00$15.96$167,580.00$17.00$178,500.00$15.50$162,750.00109109Import BorrowCY1000$40.00$40,000.00$20.29$20,290.00$24.00$24,000.00$31.75$31,750.00110110Remove and Dispose of Existing Curb and GutterLF485$9.00$4,365.00$5.64$2,735.40$6.00$2,910.00$6.00$2,910.00111111Remove Ex. Chain Link FenceLF997$5.00$4,985.00$2.24$2,233.28$4.00$3,988.00$3.00$2,991.00112112Remove BollardsEA18$150.00$2,700.00$67.32$1,211.76$55.00$990.00$100.00$1,800.001131131 1/2-inch Crushed Base Course (17-inch Thick)CY7900$36.00$284,400.00$45.13$356,527.00$42.00$331,800.00$29.75$235,025.00114114Separation GeotextileSY16600$2.00$33,200.00$1.50$24,900.00$2.00$33,200.00$1.65$27,390.00115115Asphalt Surface Course (5-inch Section)SY13300$34.00$452,200.00$21.65$287,945.00$24.00$319,200.00$21.45$285,285.00116116Curb and GutterLF6200$15.00$93,000.00$15.21$94,302.00$15.00$93,000.00$15.00$93,000.00117117Curb Cut and ApronEA25$250.00$6,250.00$304.22$7,605.50$1,100.00$27,500.00$400.00$10,000.00118118Type - A Median CurbLF535$18.00$9,630.00$25.94$13,877.90$14.00$7,490.00$23.00$12,305.001191193-inch Median Concrete and Base CourseSF935$7.00$6,545.00$6.23$5,825.05$7.00$6,545.00$5.00$4,675.001201206-inch Path Concrete and Base CourseSF6600$10.00$66,000.00$8.79$58,014.00$11.00$72,600.00$8.25$54,450.001211216-inch Concrete Approach and Base CourseSF6660$10.00$66,600.00$5.78$38,494.80$14.00$93,240.00$6.00$39,960.00122122Asphalt Drive Approach Surface Course (4-inch Section)SY2950$27.00$79,650.00$20.53$60,563.50$20.00$59,000.00$20.25$59,737.50123 123Asphalt Path (2.5-inch Section and includes 9-inch Base Course Gravel)SY 5530 $25.00 $138,250.00 $26.85 $148,480.50 $25.00 $138,250.00 $25.00 $138,250.00124124Stamped Concrete (4-inch thick, includes gravel base)SF850$8.00$6,800.00$10.03$8,525.50$13.00$11,050.00$8.50$7,225.00125 1253-inch Minus Subbase under asphalt path section (Wetland Area 220+75)CY 154 $30.00 $4,620.00 $59.93 $9,229.22 $25.00 $3,850.00 $65.00 $10,010.00126126Accessibility Ramp (Includes Base Course Gravel)SF3680$10.00$36,800.00$13.09$48,171.20$12.00$44,160.00$11.00$40,480.00127127Truncated Dome Panels SF780$70.00$54,600.00$45.63$35,591.40$38.00$29,640.00$45.00$35,100.00128128Flowable Fill Cap for Gas MainLF796$20.00$15,920.00$21.38$17,018.48$8.00$6,368.00$22.00$17,512.0012912942-inch Pedestrian RailingLF540$250.00$135,000.00$152.11$82,139.40$270.00$145,800.00$270.00$145,800.00130130Versa-Lok Retaining WallSF336$75.00$25,200.00$74.53$25,042.08$75.00$25,200.00$81.00$27,216.00131131Curb Return FilletSF3435$8.00$27,480.00$8.11$27,857.85$12.00$41,220.00$8.00$27,480.001321326-foot Wide Double GutterSF2400$8.00$19,200.00$9.38$22,512.00$16.00$38,400.00$9.25$22,200.00133133Class I Rip RapCY22$250.00$5,500.00$143.50$3,157.00$250.00$5,500.00$200.00$4,400.00134134Erosion Control Fabric SC-150BNSY595$4.00$2,380.00$8.11$4,825.45$5.00$2,975.00$10.00$5,950.00135135Adjust Existing Manhole to GradeEA4$1,000.00$4,000.00$406.62$1,626.48$400.00$1,600.00$650.00$2,600.00136136Adjust Existing Valve to GradeEA10$300.00$3,000.00$406.70$4,067.00$300.00$3,000.00$750.00$7,500.00137137Re-seed Disturbed Areas AC3.5$2,000.00$7,000.00$2,991.47$10,470.15$3,200.00$11,200.00$4,500.00$15,750.00138 138Geogrid and 6-inches of additional crushed base course (Only used at discretion of Engineer)SY 4433 $15.00 $66,495.00 $15.68 $69,509.44 $9.00 $39,897.00 $2.50 $11,082.50139139Relocate MailboxEA3$800.00$2,400.00$760.54$2,281.62$775.00$2,325.00$850.00$2,550.00140140New Post for Future SignEA2$350.00$700.00$354.92$709.84$360.00$720.00$400.00$800.00141141Reset Existing Sign and PostEA1$200.00$200.00$228.16$228.16$230.00$230.00$300.00$300.00142142Remove Existing Sign and PostEA13$150.00$1,950.00$278.87$3,625.31$280.00$3,640.00$300.00$3,900.00143143New Sign on Existing PostEA1$350.00$350.00$177.46$177.46$180.00$180.00$200.00$200.00144144New Sign on New PostEA31$700.00$21,700.00$583.08$18,075.48$580.00$17,980.00$650.00$20,150.00145145New Sign on Signal Mast ArmEA7$180.00$1,260.00$248.44$1,739.08$250.00$1,750.00$300.00$2,100.00146146Yellow Flexible Surface Mounted DelineatorEA7$150.00$1,050.00$126.76$887.32$130.00$910.00$200.00$1,400.00147 147Obliterate Existing Pavement Markings (4-inch Stripe Equivalent)LF 1420 $5.00 $7,100.00 $5.53 $7,852.60 $5.50 $7,810.00 $6.00 $8,520.00148148White Thermoplastic Pavement MarkingSF2694$30.00$80,820.00$32.98$88,848.12$31.00$83,514.00$33.00$88,902.00Knife River - BelgradeCK May ExcavatingEngineer EstimateTreasure State, Inc.10 149149Yellow Thermoplastic Pavement MarkingSF142$25.00$3,550.00$27.63$3,923.46$28.00$3,976.00$30.00$4,260.00150150White Epoxy Pavement MarkingsGAL3$250.00$750.00$228.16$684.48$230.00$690.00$250.00$750.00151151Yellow Epoxy Pavement MarkingsGAL36$250.00$9,000.00$228.16$8,213.76$230.00$8,280.00$250.00$9,000.00152152Striping White PaintGAL1$150.00$150.00$152.11$152.11$155.00$155.00$175.00$175.00153153Striping Yellow PaintGAL5$150.00$750.00$152.11$760.55$155.00$775.00$175.00$875.00154154Curb Marking-Yellow EpoxyGAL8$350.00$2,800.00$410.69$3,285.52$410.00$3,280.00$450.00$3,600.00Schedule I: Street Improvements-Fixed$200,000.00$200,000.00$200,000.00$200,000.00155155Miscellaneous WorkUNIT200000$1.00$200,000.00$1.00$200,000.00$1.00$200,000.00$1.00$200,000.00Schedule II: HRDC Utility Improvements-Base Bid$75,400.00$107,853.14$117,116.00$128,273.75201201DewateringLS1$5,000.00$5,000.00$17,958.30$17,958.30$40,000.00$40,000.00$46,200.00$46,200.00202 202Connect to Existing 12-inch Water Main at West Approach (Includes 12x8 tee and sleeve)LS 1 $1,500.00 $1,500.00 $4,426.54 $4,426.54 $4,000.00 $4,000.00 $4,100.00 $4,100.00203 203Connect to Existing 12-inch Water Main at East Approach (Includes removal of 12x6 hydrant tee, new 12x8 tapping tee and valve)LS 1 $2,200.00 $2,200.00 $6,157.51 $6,157.51 $4,000.00 $4,000.00 $4,100.00 $4,100.002042048-inch Water MainLF77$65.00$5,005.00$71.58$5,511.66$100.00$7,700.00$106.00$8,162.002052058-inch Plug and ThrustEA2$500.00$1,000.00$900.74$1,801.48$640.00$1,280.00$675.00$1,350.002062068x6-inch Hydrant TeeEA2$680.00$1,360.00$1,419.30$2,838.60$850.00$1,700.00$900.00$1,800.00207207Remove Existing Fire Hydrant AssemblyEA1$750.00$750.00$1,746.16$1,746.16$1,400.00$1,400.00$1,450.00$1,450.00208 208Fire Hydrant Assembly (Includes 6-inch Gate Valve, 6-inch Pipe, Hydrant, etc.)EA 2 $6,100.00 $12,200.00 $6,951.29 $13,902.58 $6,000.00 $12,000.00 $6,500.00 $13,000.00209209Connect to Existing 8-inch Sanitary Sewer MainLS1$500.00$500.00$921.13$921.13$3,500.00$3,500.00$3,800.00$3,800.002102108-inch Sanitary Sewer MainLF427$75.00$32,025.00$56.10$23,954.70$42.00$17,934.00$45.25$19,321.7521121148-inch Sanitary Sewer ManholeEA2$2,800.00$5,600.00$5,311.11$10,622.22$4,400.00$8,800.00$4,525.00$9,050.00212212Extra Depth 48-inch Sewer ManholeVF13$120.00$1,560.00$358.97$4,666.61$200.00$2,600.00$225.00$2,925.002132138-inch Sanitary Sewer CapEA1$150.00$150.00$216.68$216.68$250.00$250.00$300.00$300.0021421412-inch Storm Drain PipeLF40$30.00$1,200.00$56.10$2,244.00$62.00$2,480.00$65.00$2,600.0021521512-inch Storm Drain CapEA1$200.00$200.00$238.58$238.58$102.00$102.00$125.00$125.00216216Private Utility CrossingEA7$350.00$2,450.00$1,152.17$8,065.19$850.00$5,950.00$900.00$6,300.0021721712-inch Private Utility SleevesLF90$30.00$2,700.00$28.68$2,581.20$38.00$3,420.00$41.00$3,690.00Schedule II: HRDC Utility Improvements-Fixed$15,000.00$15,000.00$15,000.00$15,000.00218218Miscellaneous WorkUNIT15000$1.00$15,000.00$1.00$15,000.00$1.00$15,000.00$1.00$15,000.00Schedule III: City Utility Improvements-Base Bid$671,480.00$1,011,599.36$841,148.00$909,794.15301301DewateringLS1$5,000.00$5,000.00$23,489.54$23,489.54$48,000.00$48,000.00$55,000.00$55,000.00302302Remove Existing CulvertLF503$35.00$17,605.00$15.16$7,625.48$10.00$5,030.00$10.00$5,030.00303303Remove Existing Storm Drain PipeLF289$25.00$7,225.00$16.38$4,733.82$12.00$3,468.00$12.10$3,496.90304304Remove Existing InletEA3$500.00$1,500.00$608.15$1,824.45$610.00$1,830.00$660.00$1,980.0030530510-inch Storm Drain PipeLF45$20.00$900.00$37.46$1,685.70$61.00$2,745.00$65.00$2,925.0030630612-inch Storm Drain PipeLF106$30.00$3,180.00$41.73$4,423.38$55.00$5,830.00$58.25$6,174.5030730718-inch Arch Equivalent RCP Storm DrainLF388$95.00$36,860.00$115.60$44,852.80$82.00$31,816.00$88.00$34,144.0030830818-inch Storm Drain PipeLF459$50.00$22,950.00$59.88$27,484.92$53.00$24,327.00$56.25$25,818.7530930924-inch Storm Drain PipeLF162$60.00$9,720.00$85.24$13,808.88$81.00$13,122.00$87.00$14,094.0031031030-inch Storm Drain PipeLF8$70.00$560.00$252.87$2,022.96$220.00$1,760.00$235.00$1,880.0031131130-inch Arch Equivalent RCP Storm DrainLF34$140.00$4,760.00$195.78$6,656.52$170.00$5,780.00$176.00$5,984.0031231236-inch Arch Equivalent RCP Storm DrainLF121$160.00$19,360.00$241.20$29,185.20$185.00$22,385.00$198.00$23,958.0031331312-inch RCP FETSEA6$200.00$1,200.00$1,521.52$9,129.12$1,400.00$8,400.00$1,450.00$8,700.0031431418-inch RCP FETSEA1$300.00$300.00$1,695.73$1,695.73$1,450.00$1,450.00$1,550.00$1,550.0031531524-inch RCP FETSEA2$350.00$700.00$2,010.63$4,021.26$1,650.00$3,300.00$1,775.00$3,550.0031631630-inch RCP FETSEA1$450.00$450.00$2,331.78$2,331.78$2,100.00$2,100.00$2,200.00$2,200.0031731736-inch RCP Arch Equivalent FETSEA2$600.00$1,200.00$2,937.67$5,875.34$2,500.00$5,000.00$2,650.00$5,300.0031831848-inch Storm Drain ManholeEA4$4,000.00$16,000.00$5,404.84$21,619.36$3,500.00$14,000.00$3,750.00$15,000.0031931960-inch Storm Drain ManholeEA2$5,000.00$10,000.00$6,025.20$12,050.40$4,500.00$9,000.00$4,850.00$9,700.0032032072-inch Storm Drain ManholeEA2$6,000.00$12,000.00$9,050.61$18,101.22$5,900.00$11,800.00$6,380.00$12,760.00321 32160-inch Storm Drain Dry Well with Manhole Frame and CoverEA 2 $5,500.00 $11,000.00 $8,771.07 $17,542.14 $5,200.00 $10,400.00 $5,500.00 $11,000.00322 32260-inch Storm Drain Dry Well with Area Inlet Frame and GrateEA 1 $5,000.00 $5,000.00 $8,030.26 $8,030.26 $5,000.00 $5,000.00 $5,390.00 $5,390.0032332336-inch Storm Drain Curb InletEA5$2,500.00$12,500.00$4,388.91$21,944.55$3,000.00$15,000.00$3,190.00$15,950.00324 324 48-inch Storm Drain Combination Manhole and Curb Inlet EA 3 $4,000.00 $12,000.00 $4,630.96 $13,892.88 $3,100.00 $9,300.00 $3,300.00 $9,900.0032532510-ft Storm Drain Area InletEA3$10,000.00$30,000.00$26,549.33$79,647.99$17,000.00$51,000.00$17,950.00$53,850.003263267-ft Storm Drain Area InletEA1$6,000.00$6,000.00$13,797.79$13,797.79$10,000.00$10,000.00$10,900.00$10,900.0011 32732748-inch Storm Drain Outlet StructureEA9$4,000.00$36,000.00$5,051.50$45,463.50$3,500.00$31,500.00$3,740.00$33,660.0032832860-inch Storm Drain Outlet StructureEA2$5,000.00$10,000.00$6,270.39$12,540.78$4,500.00$9,000.00$4,840.00$9,680.0032932972-inch Storm Drain Outlet StructureEA1$6,000.00$6,000.00$3,965.09$3,965.09$6,000.00$6,000.00$6,380.00$6,380.0033033018-inch Waterman C-10 Canal GateEA1$1,800.00$1,800.00$4,351.67$4,351.67$2,500.00$2,500.00$2,640.00$2,640.00331331Stormtech Chamber 48-inch Inlet ManholeEA3$5,000.00$15,000.00$5,285.50$15,856.50$3,500.00$10,500.00$3,740.00$11,220.00332332Stormtech Chamber Storage #1LS1$22,300.00$22,300.00$42,610.20$42,610.20$45,000.00$45,000.00$53,790.00$53,790.00333333Stormtech Chamber Storage #2LS1$25,000.00$25,000.00$36,417.24$36,417.24$50,000.00$50,000.00$56,870.00$56,870.00334334Stormtech Chamber Storage #3LS1$18,800.00$18,800.00$24,394.99$24,394.99$25,000.00$25,000.00$32,450.00$32,450.00335335Hydrodynamic SeparatorEA1$35,000.00$35,000.00$49,901.59$49,901.59$29,000.00$29,000.00$30,470.00$30,470.00336336220+50 12-inch Water Main LoweringLS1$12,000.00$12,000.00$8,095.73$8,095.73$6,500.00$6,500.00$7,000.00$7,000.00337337Temporary Water for Water Main Lowering (Sta. 220+50)LS1$5,000.00$5,000.00$5,057.55$5,057.55$1,900.00$1,900.00$2,000.00$2,000.00338338233+00 12-inch Water Main LoweringLS1$12,000.00$12,000.00$8,095.11$8,095.11$6,500.00$6,500.00$7,000.00$7,000.00339339Connect to Existing Storm Drain StructureLS1$500.00$500.00$841.76$841.76$1,600.00$1,600.00$1,650.00$1,650.00340340Connect to Existing Storm Drain PipeLS1$500.00$500.00$660.24$660.24$1,200.00$1,200.00$1,200.00$1,200.0034134112-inch Storm Drain PlugEA1$200.00$200.00$485.79$485.79$500.00$500.00$550.00$550.0034234230-inch Arch Equivalent Storm Drain CapEA1$350.00$350.00$1,023.86$1,023.86$1,400.00$1,400.00$1,450.00$1,450.00343343Connect to Existing Water Main in ManleyEA1$1,200.00$1,200.00$2,581.14$2,581.14$1,450.00$1,450.00$1,550.00$1,550.00344 344Connect to Existing 12-inch Main at Manley and Griffin (includes 12x10 Tappig Tee and 12-inch Valve. Tap by City) LS 1 $2,600.00 $2,600.00 $6,516.58 $6,516.58 $4,400.00 $4,400.00 $4,750.00 $4,750.00345345Gilkerson Hydrant RelocationLS1$7,600.00$7,600.00$8,293.07$8,293.07$7,600.00$7,600.00$8,250.00$8,250.00346346Lea Avenue Hydrant RelocationLS1$6,600.00$6,600.00$7,761.26$7,761.26$7,600.00$7,600.00$8,250.00$8,250.00347347224+62 Approach Hydrant RelocationLS1$7,000.00$7,000.00$7,288.89$7,288.89$7,600.00$7,600.00$8,250.00$8,250.00348348231+07 Approach Hydrant RelocationLS1$1,800.00$1,800.00$4,779.99$4,779.99$2,500.00$2,500.00$2,650.00$2,650.00349349Industrial Drive Hydrant RelocationLS1$7,400.00$7,400.00$7,728.40$7,728.40$7,600.00$7,600.00$8,250.00$8,250.00350350248+99 Approach Hydrant RelocationLS1$7,100.00$7,100.00$8,505.79$8,505.79$7,600.00$7,600.00$8,250.00$8,250.00351351239+37 Approach Hydrant RelocationLS1$8,000.00$8,000.00$7,861.37$7,861.37$7,600.00$7,600.00$8,250.00$8,250.0035235210x6-inch Hydrant TeeEA1$800.00$800.00$1,269.45$1,269.45$700.00$700.00$750.00$750.0035335310-inch Water MainLF71$80.00$5,680.00$107.91$7,661.61$115.00$8,165.00$121.00$8,591.00354 354Manley Fire Hydrant Assembly (includes 6-in pipe and install 6-in Valve and Fire Hydrant supplied by City)LS 1 $2,000.00 $2,000.00 $7,285.88 $7,285.88 $2,600.00 $2,600.00 $2,750.00 $2,750.00355355Water Main InsulationLF1360$30.00$40,800.00$26.50$36,040.00$19.00$25,840.00$16.50$22,440.00356356Exploratory Excavation HR20$320.00$6,400.00$615.08$12,301.60$275.00$5,500.00$300.00$6,000.0035735718" RCP Class 3 Storm Drain PipeLF337$50.00$16,850.00$86.78$29,244.86$65.00$21,905.00$71.00$23,927.0035835824" RCP Class 3 Storm Drain PipeLF38$60.00$2,280.00$73.51$2,793.38$155.00$5,890.00$165.00$6,270.0035935930" RCP Class 3 Storm Drain PipeLF45$70.00$3,150.00$158.33$7,124.85$115.00$5,175.00$121.00$5,445.0036036012" RCP Class 4 Storm Drain PipeLF413$40.00$16,520.00$77.02$31,809.26$79.00$32,627.00$85.00$35,105.0036136118" RCP Class 4 Storm Drain PipeLF182$60.00$10,920.00$93.57$17,029.74$78.00$14,196.00$84.00$15,288.0036236224" RCP Class 4 Storm Drain PipeLF379$70.00$26,530.00$138.76$52,590.04$91.00$34,489.00$98.00$37,142.0036336312" RCP Class 5 Storm Drain PipeLF474$50.00$23,700.00$76.97$36,483.78$60.00$28,440.00$64.00$30,336.0036436418" RCP Class 5 Storm Drain PipeLF64$70.00$4,480.00$101.23$6,478.72$77.00$4,928.00$82.50$5,280.00365365Private Utility Storm Drain CrossingsEA39$350.00$13,650.00$1,152.17$44,934.63$1,200.00$46,800.00$1,225.00$47,775.00Schedule III: City Utility Improvements-Fixed$100,000.00$100,000.00$100,000.00$100,000.00366366Miscellaneous WorkUNIT100000$1.00$100,000.00$1.00$100,000.00$1.00$100,000.00$1.00$100,000.00Schedule IV: Electrical Improvements-Base Bid$542,021.25$451,073.58$474,683.00$517,263.25401401Conduit-Plastic 2-inchLF4790$22.00$105,380.00$8.29$39,709.10$8.25$39,517.50$9.00$43,110.00402402Conduit-Plastic 3-inchLF460$26.00$11,960.00$12.90$5,934.00$13.00$5,980.00$14.00$6,440.00403403Pull Box-Composite Type 1EA35$600.00$21,000.00$7.35$257.25$730.00$25,550.00$800.00$28,000.00404404Pull Box-Composite Type 2EA4$900.00$3,600.00$826.46$3,305.84$820.00$3,280.00$900.00$3,600.00405405Pull Box-Composite Type 3EA2$1,200.00$2,400.00$917.72$1,835.44$910.00$1,820.00$1,000.00$2,000.00406406Structural Concrete Pole FoundationsCY29.7$1,800.00$53,460.00$1,612.35$47,886.80$1,600.00$47,520.00$1,750.00$51,975.00407407Cable, Copper, 7AWG14-600VLF795$1.50$1,192.50$1.37$1,089.15$1.40$1,113.00$1.50$1,192.50408408Cable, Copper, 12AWG14-600VLF75$3.50$262.50$2.28$171.00$2.30$172.50$2.50$187.50409409Cable, Copper, 16AWG14-600VLF400$4.00$1,600.00$2.38$952.00$2.50$1,000.00$2.60$1,040.00410410Conductor, Copper, #6 AWGLF6465$2.25$14,546.25$1.16$7,499.40$1.20$7,758.00$1.25$8,081.25411411Conductor, Copper, #8 AWGLF2970$2.00$5,940.00$1.01$2,999.70$1.10$3,267.00$1.10$3,267.00412412Conductor, Copper, #10 AWGLF4920$1.50$7,380.00$0.92$4,526.40$1.00$4,920.00$1.00$4,920.00413413High Efficacy Luminaire LEDEA25$850.00$21,250.00$1,150.95$28,773.75$1,140.00$28,500.00$1,250.00$31,250.00414414Service AssemblyEA2$4,350.00$8,700.00$3,315.97$6,631.94$3,280.00$6,560.00$3,600.00$7,200.0041541512"x12"x12" Traffic Signal IndicationsEA5$1,600.00$8,000.00$1,105.32$5,526.60$1,100.00$5,500.00$1,200.00$6,000.0041641612"x12"x12"x12" Traffic Signal IndicationsEA3$2,100.00$6,300.00$1,657.98$4,973.94$1,700.00$5,100.00$1,800.00$5,400.00417417Decorative Luminaire PoleEA8$10,000.00$80,000.00$4,791.42$38,331.36$4,750.00$38,000.00$5,200.00$41,600.0012 418418Standard Luminaire PoleEA17$3,000.00$51,000.00$5,805.48$98,693.16$5,750.00$97,750.00$6,300.00$107,100.00419419Pedestrian Signal Type 2EA6$1,500.00$9,000.00$1,105.32$6,631.92$1,100.00$6,600.00$1,200.00$7,200.00420420Controller and Controller Cabinet Pedestal Type PEA1$45,000.00$45,000.00$53,466.16$53,466.16$53,000.00$53,000.00$58,000.00$58,000.00421421Signal Std. Type 1-100EA5$1,250.00$6,250.00$643.93$3,219.65$640.00$3,200.00$700.00$3,500.00422422Standard Signal Pole W/25' Mast ArmEA1$8,000.00$8,000.00$16,407.44$16,407.44$16,300.00$16,300.00$17,800.00$17,800.00423423Standard Signal Pole W/30' Mast ArmEA1$12,000.00$12,000.00$16,777.57$16,777.57$16,600.00$16,600.00$18,200.00$18,200.00424424Standard Signal Pole W/35' Mast ArmEA1$16,000.00$16,000.00$16,868.84$16,868.84$16,800.00$16,800.00$18,300.00$18,300.00425425Detector-Radar/PresenceEA3$10,000.00$30,000.00$10,323.10$30,969.30$10,300.00$30,900.00$11,200.00$33,600.00426426Pedestrian Push Buttons - TactileEA6$1,750.00$10,500.00$1,196.59$7,179.54$1,250.00$7,500.00$1,300.00$7,800.00427427Remove and Salvage Ex. Luminaire PoleEA1$1,300.00$1,300.00$456.33$456.33$475.00$475.00$500.00$500.00Schedule IV: Electrical Improvements-Fixed$50,000.00$50,000.00$50,000.00$50,000.00428428Miscellaneous WorkUNIT50000$1.00$50,000.00$1.00$50,000.00$1.00$50,000.00$1.00$50,000.00Base Bid Total:$4,594,017.25$4,267,389.88$4,596,955.00$4,599,969.0013 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Shawn Kohtz, PE, City Engineer SUBJECT:Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement and a Utility Easement with Swissdetail Inc. for the Swiss Plaza Site Plan (20372) MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a sewer and water pipeline and access easement and agreement and a utility easement with Swissdetail Inc. for the Swiss Plaza Site Plan (20372). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Sewer and Water Pipeline and Access Easement and Agreement Utility Easement Report compiled on: April 15, 2021 14 15 16 17 18 19 20 21 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Shawn Kohtz, PE, City Engineer SUBJECT:Authorize the City Manager to Sign a Public Access Easement and a Utility Easement with Bridger Veterinary Facility, LLC for the Bridger Veterinary Specialty Hospital Site Plan Project (20394) MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a public access easement and a utility easement with Bridger Veterinary Facility, LLC for the Bridger Veterinary Specialty Hospital Site Plan Project (20394). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Public Access Easement Utility Easement Report compiled on: April 15, 2021 22 23 24 25 26 27 28 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Shawn Kohtz, City Engineer SUBJECT:Authorize the City Manager to Sign a Public Access Easement and Two Sewer and Water Pipeline and Access Easement and Agreements with Cottonwood Project, LLC for the Cottonwood Apartments Site Plan Projects (20390, 20391, and 20392) MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a public access easement and two sewer and water pipeline and access easement and agreements with Cottonwood Project, LLC for the Cottonwood Apartments Site Plan Projects (20390, 20391, and 20392). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Public Access Easement Sewer and Water Pipeline and Access Easement and Agreement - Lot 1 and 2 Block 3 and OS Sewer and Water Pipeline and Access Easement and Agreement - Lot 1 Block 6 Report compiled on: April 15, 2021 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Memorandum REPORT TO:City Commission FROM:Katherine Maines, Operations Manager Anna Rosenberry, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Sprout, Inc. for Median and Grounds Maintenance Services MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Sprout, Inc. for median and grounds maintenance services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Since 2015, the City has contracted with Sprout, Inc. for median maintenance and grounds services as listed in the attached Scope of Services. The contract has expired, so in accordance with the purchasing policy for a contract under $80,000, we requested quotes from five local landscaping contractors. We received two responses, and after careful review, we chose to move forward with Sprout. They have a lot of experience and we’ve been pleased with their work and responsiveness. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Capital Improvement Program Item STR30 was approved for $65,000 in FY21 and $70,000 in FY22. This item includes median and grounds maintenance services as well as irrigation maintenance (handled under a separate contract). Attachments: Professional Services Agreement Location Specific Scope of Services Sprout Quote Report compiled on: April 13, 2021 47 48 49 50 51 52 53 54 55 56 57 58 ATTACHMENT A: LOCATION SPECIFIC SCOPE OF SERVICES LOCATION: ADDRESS: MOWING FREQUENCY: TRIMMING FREQUENCY: SPRAYING FREQUENCY: MISC: GROUNDS City Shops Complex 814 N. Bozeman Ave. 1x/week 1x/week 1x/year Water Reclamation Facility 2245 Springhill Rd. 1x/week 1x/week 1x/year Vehicle Maintenance Shop 1812 N. Rouse Ave. 2x/month 2x/year 1x/year Green Sand Shed E. Griffin Dr. 2x/month 2x/year 1x/year Mowing to occur until the vegetation dies (approx. end of July) Old Landfill 2125 N. Rouse Ave. 2x/year 2x/year 1x/year The area to be mowed may be reduced in the future. MEDIANS North 7th Avenue Aspen St. to Villard St. n/a 1x/year pruning in the fall (cut back perennials) 1x/year pre- emergent herbicide spraying (early spring) Other: 2x/month  Garbage removal  Re-cover/pin down fabric and irrigation drip lines  Weeding South 8th Avenue Main St. to College St. 1x/week 2x/month 1x/year North 19th Avenue Durston Rd. to Beall St. 1x/week As needed 1x/year 59 LOCATION: ADDRESS: MOWING FREQUENCY: TRIMMING FREQUENCY: SPRAYING FREQUENCY: MISC: North 27th Avenue Oak St. to Baxter Ln. As needed As needed Multiple times to keep weeds under control Medians will be landscaped in 2021. After completion, maintenance needs will be assessed. South 27th Avenue Kurk Dr. to Blackwood Rd. 1x/week 1x/month 1x/year The southernmost median just north of Blackwood Rd. is not currently landscaped. Weed removal will be necessary until landscaping occurs. College Street 19th Ave. to Main St. n/a 1x/year pruning in the fall (cut back perennials) 1x/year pre- emergent herbicide spraying (early spring) Other: 2x/month  Garbage removal  Re-cover/pin down fabric and irrigation drip lines  Weeding Cottonwood Road Between Babcock St. and Oak St. As needed As needed Multiple times to keep weeds under control Medians are not landscaped. Weed removal will be necessary until landscaping occurs. Davis Lane Oak St. to Baxter Ln. n/a As needed n/a 60 LOCATION: ADDRESS: MOWING FREQUENCY: TRIMMING FREQUENCY: SPRAYING FREQUENCY: MISC: Fowler Avenue Huffine Rd. to Garfield St. As needed Other:  Median currently contains artificial turf but turf will be removed and median will be landscaped in the near future. Maintenance needs to be determined. Graf Street 19th Ave. to Macnab St. Multiple times to keep weeds under control Weed removal will be necessary on a regular basis within the medians, boulevards, and the roundabouts. Highland Boulevard Hillcrest to Holly Dr. 1x/week As needed 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Kagy Boulevard Willson Ave. to 7th Ave. 1x/week 1x/month 1x/year 61 LOCATION: ADDRESS: MOWING FREQUENCY: TRIMMING FREQUENCY: SPRAYING FREQUENCY: MISC: Kagy Boulevard Highland Blvd. to Willson Ave. 1x/week 1x/month 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Oak Street Cottonwood Rd. to 27th Ave. 1x/week 2x/month 1x/year Medians between New Holland Dr. and Cottonwood Rd. are not currently landscaped. Weed removal will be necessary on a regular basis until landscaping occurs. Once landscaping is installed, maintenance needs will be determined. Valley Center Road 19th Ave. to 27th Ave. 1x/week 1x/month 1x/year ADDITIONAL MAINTENCE AND SERVICES:  Spraying of weeds along cracks adjacent to medians where the concrete meets the asphalt.  Additional medians or boulevards may be added as needed. 62 63 64 65 66 67 68 69 Memorandum REPORT TO:City Commission FROM:Jill Miller, Water Treatment Plant Superintendent Anna Rosenberry, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Corrpro (Aegion) for Annual Inspection of the Hilltop Tank Cathodic Protection System MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Corrpro (Aegion) for annual inspection of the Hilltop Tank Cathodic Protection System. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:In 2007, the 2 million gallon Hilltop Tank located on Kenyon Drive was drained, interior repaired and repainted, and a cathodic protection system was installed, by Corrpro (Aegion). Since then, the cathodic protection system has been inspected annually by Corrpro. The inspection generally occurs in June or July depending upon the company’s schedule. This includes Tank-to-Water potential profile, Electrical Measurements on anode and reference cells; inspection of controls, meters, contacts, and wiring; adjust system as needed, and submitting a report. Historically the WTP Superintendent signed the annual contract for this basic inspection. With the change in leadership at the WTP and additional training, a new contract was drawn up and agreed upon by both parties’ legal departments. UNRESOLVED ISSUES:None. ALTERNATIVES:Forgo Annual Inspection. FISCAL EFFECTS:The inspection is budgeted for annually in the WTP Operations budget. The cost of the inspection is $935. Attachments: PSA with Corrpro for Hilltop Tank Inpsection.pdf Exhibit A 2021 Corrpro Proposal.pdf 70 Report compiled on: April 16, 2021 71 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of June, 2021 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Corrpro Companies, Inc., hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in Plan “C” Service as described in and attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of May, 2022, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will conduct an inspection of the cathodic protection corrosion control equipment of the hilltop tank at the Bozeman Water Treatment Plant and provide the services in accordance with the requirements of the Scope of Services as described in Plan “C” Service of Exhibit A. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor $935.00 for the services described in Exhibit A. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the $935.00. The City must agree in writing upon any additional charges. Unless otherwise set forth in the Agreement, payments are due to Contractor from the City within thirty (30) days receipt of invoice and payable in U.S. Dollars. In the event City does not pay in accordance with the terms of this Agreement, Contractor shall have the right to terminate the Agreement and City shall pay all collection costs incurred by Contractor, including attorneys’ fees. 72 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 2 of 11 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants for one (1) year from completion date, to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific 73 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 3 of 11 steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, within the limits of its insurance, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, within the limits of its insurance in this Agreement, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including reasonable attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law and within the limits of its insurance in this Agreement, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s 74 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 4 of 11 applicable insurance policies required below, the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: •Workers’ Compensation – statutory; •Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; •Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; •Automobile Liability - $1,000,000 property damage/bodily injury per accident; and •Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- 75 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 5 of 11 contributory basis on the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and carrier will provide cancellation notice in accordance with policy provisions. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. 76 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 6 of 11 b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and each party hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind against the other. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Jill Miller, Water Treatment Plant Superintendent or such other individual 77 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 7 of 11 as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Raychell Whitlow-Long or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall 78 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 8 of 11 be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 79 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 9 of 11 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 80 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 10 of 11 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 30. Integration: This Agreement and the Scope of Services specifically described as in Exhibit A attached hereto constitute the entire agreement of the parties. The following language in Exhibit A is specifically excluded from this Agreement and nonbinding on the parties: “Corrpro’s total liability to Client shall not exceed the amount of compensation actually paid for the services, products, or materials giving rise to the claim. Client and Corrpro waive all rights against each other and any of their subcontractors, agents, and employees for all loss or damage to property or its loss of use.” Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 81 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2021 – FY 2022 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 82 83 84 85 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Parking Program Manager Brit Fontenot, Economic Development Director SUBJECT: Authorize the City Manager to Sign an Amended Professional Services Agreement for a Lobbying Services for 2021-2022 Interim Legislative Session MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign an amended professional services agreement with John MacDonald Consulting to provide lobbying services to the City of Bozeman for the 2021-2022 Montana interim legislative session. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND: In October 2020, the City Commission approved an initial professional services agreement with John MacDonald Consulting for lobbying services during the 2021 Montana legislative session. John MacDonald and SK Rossi are the lobbyists selected to represent Bozeman before the legislature. MacDonald was chosen for his decade of experience lobbying on behalf of local governments, his deep knowledge of the issues, and his relationships with legislators. Rossi joined MacDonald bringing their proven track record of successfully lobbying Montana legislators on issues on behalf of he American Civil Liberties Union. In November 2020, MacDonald and Rossi traveled to Bozeman for a daylong visit to better understand the Commission’s priorities. They met with City staff and community stakeholders on issues such as climate, affordable housing, and property tax relief. MacDonald and Rossi took their deeper knowledge of Bozeman back to Helena to inform their advocacy. The 67th session of the Montana State Legislature convened in January 2021 86 with a flurry of activity. Local government powers and issues of local control came under unprecedented assault. The City of Bozeman benefitted from the well informed, steady hand MacDonald and Rossi provided. They gave City staff near daily updates about the legislature, offered valuable advice about the City’s contribution to the debate, and leveraged longstanding relationships to advance Commission identified priorities during an abnormal session. Further, they helped City staff get trained on how to provide effective testimony over the Zoom platform. For reference, prior to the transmittal deadline at the end of February, the Montana Legislature had held 112 hearings, 164 bills had floor debates, and more than 1,100 pieces of legislation were introduced. The last session with any comparable level of activity was 2005 after Democrats took control of both Chambers and Democratic Governor Brian Schweitzer took office. The added wrinkle to the 67th legislative session is the COVID-19 pandemic. Hearings are conducted in a hybrid model with some legislators and witnesses participating in persons and others utilizing the Zoom teleconferencing platform. This only further complicates the lobbying effort. MacDonald and Rossi have leveraged relationships with stakeholder groups such as the Montana League of Cities and Towns, the Montana Association of Counties, the Montana Environmental Information Center, and many others to build coalitions in support of City priorities and opposing attacks on City policies such as the Climate Plan, our Inclusionary Zoning Ordinance, and the Non-Discrimination Ordinance. Our Legislative Core Team determined it is in the best interest of the City to continue our relationship with MacDonald Consulting. MacDonald and Rossi are effective advocates for the Commission’s legislative agenda. They bring passion, experience, knowledge of the issues, strong relationships, and a sense of humor to their work on a daily basis and they reflect the very best of Bozeman. UNRESOLVED ISSUES:No unresolved issues. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The contract term is for the 2021-2022 interim session and any special session convened by the Montana Legislature. During the interim, the lobbyists will bill the City at a rate of $110/hour not to exceed $5,000 total. Should a special session be convened or the Legislature choose to reconvene the 2021 session after adjournment, the lobbyists will bill the city $300/day 87 for any work completed. This rate is aligned with what we currently pay the lobbyists per day of regular session. The City Manager and the lobbyists will determine whether or not lobbying services are required during a special session. Attachments: PSA Amendment for Lobbying Services--April 2021--John MacDonald Consulting.docx Report compiled on: April 15, 2021 88 First Amendment to Professional Services Agreement for Lobbying Services FY 2021-FY 2023 Page 1 of 2 FIRSTAMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR lobbying services dated October 20, 2020 (the “Agreement”) is made and entered into this _____ day of ____________, 2021 by and between the CITY OF BOZEMAN, MONTANA,a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and John MacDonald Consulting, 512 Clark St, Helena, MT hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Extension of Term. Section 30 of the Agreement is extended for the interim session of the Montana Legislature beginning on the day of sine die adjournment of the 67th Montana State Legislature. The Agreement shall terminate on October 31, 2022. 2.Update Fee Schedule. During the interim session, the Contractor shall bill the City of Bozeman at a rate of $110/hour for lobbying services provided to include legislative monitoring, research, and testimony on topics of interest to the City and as identified by the City Manager or their designated representative. Not to exceed a total of $5,000. Should the Montana Legislature enter into a Special Session or reconvene after adjournment of the 2021 Session and the City and the Contractor agree legislative representation for the City is necessary, then the Contractor will bill the City at a rate of $300/day for every day of lobbying services rendered. 3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 89 First Amendment to Professional Services Agreement for Lobbying Services FY 2021-FY 2023 Page 2 of 2 IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA JOHN MACDONALD CONSULTING By________________________________By_____________________________ Jeff Mihelich, City Manager Print Name: John MacDonald Title: Owner/Manager APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 90 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order NE21-004 with Sanderson Stewart for the Cottonwood and Ida Parking Structure Pro Forma MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order NE21-004 with Sanderson Stewart for the Cottonwood and Ida Parking Structure Pro Forma. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: Economic Development Staff are negotiating a development agreement with the developers of the Cottonwood and Ida / Tinworks / Brewery project regarding the construction of a public parking facilities as a part of these projects. In order to ensure that there is a sound financial plan for operation and maintenance of these proposed facilities, Walker Consultants, a sub- consultant of Sanderson Stewart that specializes in parking structures, will create a 10 year operating pro forma for the proposed parking structure. This analysis will allow staff to consider rates for public parking in the proposed facility that can cover the cost of operating and maintaining the facility. Task Order NE21-004 covers the scope of work to complete this analysis. TERM CONTRACT BACKGROUND: Following a competitive RFQ process, a team led by Sanderson Stewart, also including A&E Architects, DCI Engineers, Walker Consultants, and CTC Technology and Energy, was awarded a term contract for urban renewal district professional services on October 22, 2018. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:At the direction of the City Commission. 91 FISCAL EFFECTS:Sanderson Stewart will bill for its services on a lump sum basis with a project total of $13,300.00. Funding for this analysis was included in the FY 2021 Work Plan and Budget for the Northeast Urban Renewal District. Attachments: URD Task Order Form NE21-004.docx SOW_NE Parking Pro Forma_041421.pdf Report compiled on: April 15, 2021 92 City of Bozeman Urban Renewal District Term Contract Task Order Number #NE21-004 PROJECT:Cottonwood and Ida Parking Structure Pro Forma Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated April 14, 2021 between the City of Bozeman Downtown Urban Renewal District (URD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Danielle Scharf, Sanderson Stewart SCOPE OF WORK:The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number NE21-004. COMPENSATION:Sanderson Stewart will bill for its services on a lump sum basis with a project total of $13,300.00. Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 93 Northeast Urban Renewal District Scope of Work – Cottonwood and Ida Parking Structure Pro Forma Task Order No. NE21-004 4/14/21 Sanderson Stewart is pleased to provide this scope of work for a pro forma analysis of a potential parking structure in the Northeast Urban Renewal District. This work is to be done as a part of the Urban Renewal District term contract for architectural and engineering services. The consultant team for this project includes Walker Consultants. Sanderson Stewart’s role on this project will be limited to general project management and coordination with the term contract team as noted below. A detailed scope of services from Walker Consultants is attached. Scope of Work: Phase 1 - Project Management and Coordination (Sanderson Stewart) This phase of the project will include project initiation and general coordination with the City of Bozeman and Walker Consultants. Sanderson Stewart will manage the overall project on behalf of the term contract team, will attend meetings (if needed) with the City and Walker Consultants, and will review deliverables provided by Walker Consultants. Phase 2 – Structured Parking Pro Forma (Walker Consultants) This phase of the project will include the tasks outlined in the attached scope of work provided by Walker Consultants. Fees and Billing Arrangements: Phase Fee 1. Project Management and Coordination (Sanderson Stewart) $1,000 2. Structured Parking Pro Forma (Walker Consultants) $12,300 Total Project $13,300 Sanderson Stewart will bill for its services on a lump sum basis by phase with a project total of $13,300. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. 94 m:\proposal\cmpltpro\studies\government\2020 downtown bozeman partnership\downtown bozeman partnership pro forma.docx August 10, 2020 Danielle Scharf, PE, PTOE, LEEP AP Sanderson Stewart 106 E Bannock St. Bozeman, Montana 59715 Re: Proposal for Parking Pro Forma Dear Ms. Scharf: PROJECT UNDERSTANDING The Downtown Bozeman Partnership (“Client”) is considering construction a second parking garage in the City of Bozeman, Montana. As part of that consideration, they want a better understanding of the day-to-day and long- term operational expenses of the garage. This preliminary pro-forma is intended to provide the City with initial information in order to better understand what the annual operating and maintenance costs will be for the garage. Downtown Bozeman Partnership has asked Walker Consultants to perform and develop a 10-year operating expense pro forma. SCOPE OF SERVICES 1. Meet with Client via conference call to review intended operation of the parking garage and other associated operating assumptions. 2. Provide list of requested data for the operating expenses of the exsiting parking garage. 3. Project annual operating expenses including but not limited to: i. direct labor and fringe benefits; ii. utilities; iii. supplies; iv. on-going maintenance (contracts and equipment) v. snow removal; and vi. long-term structural maintenance (a sinking fund for periodic major expenses). 4. Summarize our assupmptions and projections in a memorandum. 5. Review our findings with Client via a web-based meeting. 10375 Park Meadows Drive, Suite 425 Lone Tree, CO 80124 303.694.6622 walkerconsultants.com 95 August 10, 2020 Danielle Scharf, PE, PTOE, LEED AP Page 2 SCHEDULE & PROFESSIONAL FEE We are prepared to begin this engagement once provided written authorization to proceed using the attached General Conditions of Agreement for Consulting Services. Our deliverable will be submitted within two weeks of the kick-off meeting. We will complete the above scope of services for a lump sum fee of $12,300. Sincerely, WALKER CONSULTANTS Andrew J. Vidor Director of Studies Enclosures General Conditions of Agreement for Consulting Services AUTHORIZATION Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this agreement for our records. SANDSERSON STEWART Accepted by (Signature) Printed Name Title Date 96 GENERAL CONDITIONS OF AGREEMENT FOR CONSULTING SERVICES PAGE 3 SERVICES - Walker Consultants (“WALKER”) will provide CLIENT limited professional services described in the attached Scope of Services letter [the “Services”]. WALKER’s instruments of service may include reports, analyses, critiques or prospective financial statements and financial forecasts (“Projections”). All deliverable are hereinafter termed “Documents”. The Services are provided solely in accordance with written information and documents supplied by CLIENT and are limited to and furnished solely for CLIENT’s specific use disclosed to WALKER in writing. Any additional services requested will be provided on a time and material basis or for a mutually agreeable lump sum fee. PAYMENT FOR SERVICES - Prior to commencement of services the CLIENT agrees to make an Initial Payment to Walker in an amount equal to 20% of the total fee or as stated in the attached letter. This amount will be credited to the last invoice(s) sent to the CLIENT. Payment is due upon receipt of invoice. If for any reason CLIENT does not pay WALKER within thirty (30) days of date of invoice, CLIENT agrees to pay WALKER a late charge of one and one half percent (1½%) per month of any unpaid balance of the invoice plus attorney’s fees and other costs incurred to collect the unpaid sum. STANDARD OF CARE - WALKER will perform the Services consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. No other warranty, express or implied, is made. PERIOD OF SERVICE - Services shall be deemed complete the earlier of: (1) the date when Documents are accepted by CLIENT or (2) thirty (30) days after Documents are delivered to CLIENT. RELIANCE ON INFORMATION PROVIDED BY OTHERS - Any estimates or projections provided by WALKER will be premised upon assumptions provided by CLIENT. As used herein, an “assumption” is an axiom or proposition which is included in an analysis to project future performance or events and is not a guarantee of performance, or representation of a fact which will eventually exist or be attained or reached. CLIENT fully understands that WALKER must utilize such “assumptions” in order to perform feasibility or other analyses. Furthermore, CLIENT fully understands that WALKER is not an auditor or a certified public accountant and will not independently review or investigate misrepresentations, fraud, misappropriation, completeness or accuracy of the information or assumptions provided by CLIENT, its agents, representatives or others supplying information or data to WALKER for its use in performance of the Services. WALKER may draw certain assumptions from its past work on other projects of similar or like nature, and will do so in a manner consistent with the standard of care within the profession. CLIENT fully understands that, because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, WALKER makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. FINANCIAL PROJECTIONS - WALKER may compile, from information and assumptions provided by CLIENT, projections and related prospective statements of income, expenses and cash flow. CLIENT is responsible for representation about its plans and expectations and for disclosure of significant information that might affect the Services. WALKER is not CLIENT’s investment advisor or advocate. The actual results achieved will vary from the projections and variations may be material. CHANGES IN ASSUMPTIONS AFTER COMPLETION OF SERVICES – Unforeseen and changed laws, technologies, events or circumstances may occur after the course of this engagement and completion of Services which may render the Documents obsolete. WALKER has no responsibility to inform CLIENT about changed circumstances impacting projections and does not have any responsibility to update Documents for events and circumstances occurring after delivery of Documents to CLIENT. CONSEQUENTIAL DAMAGES – To the fullest extent permitted by law, neither the client nor WALKER, shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or 97 August 10, 2020 Danielle Scharf, PE, PTOE, LEED AP Page 4 connected in any way to the services or projections provided under this agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. NO THIRD-PARTY BENEFICIARY – CLIENT understands that the Documents are prepared for CLIENT’s internal management use only and that Documents are for CLIENT’s sole benefit and no third-party beneficiary is implied. CLIENT agrees to obtain WALKER’s prior written permission before distributing a copy of the Documents to anyone other than a member of its internal management. If CLIENT distributes a copy of the Documents to any person or entity other than its internal management, CLIENT fully understands that it does so at its own risk, and WALKER assumes no liability or responsibility therefor or the consequences thereof and CLIENT hereby agrees to indemnify and hold harmless from and against any and all claims or causes of actions for damages or loss against WALKER by such person or entity as a result of said person’s alleged reliance on the Documents. USE OF DOCUMENTS - CLIENT agrees not to use documents in a transaction in which one relies on the accuracy of projections, and WALKER assumes no responsibility for CLIENT’s actions in its use of the documents in such transactions. Further, any use of documents for modifications or extensions of the services, new projects, or completion of this project by others, without WALKER’S specific written consent, will be at CLIENT’s sole risk. STATUTE OF LIMITATION – Parties agree that all legal action by one party against the other arising out of this Agreement or connected with the Services shall be barred and no such claim shall be initiated by either party after four (4) years have passed from the date the Documents were delivered to the CLIENT, unless applicable statute of limitation sets a shorter period. LIMITATION OF REMEDIES - WALKER’S liability to CLIENT as a result of acts, errors or omissions of WALKER shall be limited in the aggregate to the fee for the associated effort. MEDIATION – If any dispute arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation before resorting to litigation. Costs of any mediation proceeding shall be shared equally by all parties. MUNICIPAL FINANCIAL ADVISOR – Walker Consultants is not registered with the U.S. Securities and Exchange Commission (“SEC”) as a municipal financial advisor. As such, Walker’s consultation will be limited to engineering advice based on site and/or economic feasibility; Walker will not be recommending a specific financial structure or vehicle for consideration, nor will Walker recommend a specific financial plan. For those services, the owner/client should seek counsel from a qualified municipal financial advisor. Any opinions or views provided by Walker are not intended to be, and do not constitute, advice within the meaning of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. 98 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Anna Saverud, Assistant City Attorney Shawn Kohtz, City Engineer SUBJECT:Ordinance 2072 Final Adoption, An Ordinance of the City Commission of the City of Bozeman, Montana Amending Chapter 36 Definitions; and Establishing License Requirements and Fees for Commercial Shared Micromobility Businesses; and Providing an Effective Date MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final Adoption of Ordinance 2072, An Ordinance of the City Commission of the City of Bozeman, Montana Amending Chapter 36 Definitions; and Establishing License Requirements and Fees for Commercial Shared Micromobility Businesses; and Providing an Effective Date STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND: The City of Bozeman is seeing an increasing number of citizens and visitors using micromobility modes of transportation. Commercial enterprises promoting and renting micromobility vehicles are operating in the City. The City wants to encourage these types of transportation for their energy efficiency, to increase people’s accessibility and enjoyment of downtown while relieving pressure on parking. Additionally the City wants to ensure micromobility vehicles are operated in a safe manner and parked so as not to impede traffic, sidewalks, or private property. Staff recommends the following actions in a continued effort to address the increasing use of micromobility in Bozeman. 1. Adopt updates to the Bozeman Municipal Code to make certainprovisions consistent with state law and to provide code that 99 remains relevant and adaptive to changes in technology. Specifically staff recommends the revisions to Section 36.01.020 - Definitions as detailed in Ordinance 2072. Of particular note are added definitions for Electrically assisted bicycle, Micromobility, Motorized foot scooter, Motorized personal transportation device, and Motorized skateboard. Ordinance 2072 also updates the definition of Pedestrian, to include people using manually or mechanically propelled vehicles designed specifically for use by a physically disabled person, and the definition of Vehicle to motorized personal transportation device and motor scooter. 2. Create shared micromobility business license for commercial vendorsand provide authority to City Manager to adjust terms of operations to address City’s changing needs and changes in industry. Ordinance 2072 adds Sec. 36.01.130 - Licensing and regulation of commercial shared micromobility businesses. A shared micromobility license is only required for those businesses whose principle service provided to the public is the renting of bicycles, scooters, or other motorized personal transportation devices. The intent of this section is to require this license for micromobilityshare companies. It is not the intent of this section to require this license for hotels with bicycles available to guests or bike shops that that may also offer rentals. The license will require an Acknowledgement of Terms of Operation that will include, but is not limited to, insurance and indemnification requirements and provisions for the suspension or revocation of licenses. Ordinance 2072 stipulates that the Terms of Operation required for the license shall be determined by the City Manager who may revise such terms in order to adapt to the City’s needs and the changing industry. 3. Pilot a micromobility parking plan in the downtown. Based on previousexperience with scooter parking on the sidewalks in the downtown staff feels that providing specific, well identified parking areas for micromobility devices will lead to increased compliance with the requirement the eScooters not be parked or used on sidewalks. This approach has been successfully implemented in other cities and finds a balance between fully docked systems and systems that are dockless and allow users to end their rides and park the device anywhere. Staff has had conversations with several micromobility companies regarding this idea and they agree that providing specific places for users to park is likely to lead to reduced parking on the sidewalks. Using technology, the companies can limit the locations where rides can be ended and vehicles left through their app and, in the downtown business district, will limit options to the areas identified by the City. Engineering staff is working with the Downtown Business Association, City Streets Department and City Parking staff to identify approximately 12-15 locations in the downtown that will serve the users and meet appropriate conditions for the installation of pilot parking areas. The example parking document that is attached includes images of parking areas in other cities and what these pilot 100 areas could look like in Bozeman. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:None. Attachments: Ordinance 2072 - Final.pdf Report compiled on: April 19, 2021 101 Ordinance 2072, Micromobility ORDINANCE NO. 2072 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 36 DEFINITIONS; AND ESTABLISHING LICENSE REQUIREMENTS AND FEES FOR COMMERCIAL SHARED MICROMOBILITY BUSINESSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is authorized to regulate the operation of motorized nonstandard vehicles on sidewalks, streets, and highways pursuant to 61-12-101, MCA; and WHEREAS, the City is authorized to regulate and prevent the use or obstruction of streets, sidewalks, and public grounds, and regulate and prohibit sale upon the streets, sidewalk and public grounds of the city pursuant to 7-14-4102, MCA; and WHEREAS, the City has the authority to license by ordinance all industries and impose penalties for failure to comply with such license requirements pursuant to 7-14-4101, MCA; and WHEREAS, micromobility forms of transportation are efficient, reduce emissions, require less space to park, increase access to transportation, and add to a vibrant and connected downtown; and WHEREAS, commercial shared micromobility provides business opportunities for local entrepreneurs and encourage economic activity in the City, and 102 Page 2 of 9 WHEREAS, it is in the interests of the City to establish guidelines for commercial shared micromobility businesses who operate within the public right of way to ensure the public health, safety and welfare of City residents and visitors. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative findings: 1. Citizens are increasingly using micromobility as alternative ways of transportation in Bozeman. 2. The Bozeman Municipal Code should reflect current modes of micromobility and be adaptive as the industry changes. 3. Commercial shared micromobility provides for business opportunities and jobs and may increase access to transportation, reduce emissions, relieve pressure on parking, while adding to a vibrant downtown. 4. Reasonable licensing of commercial shared micromobility businesses is equitable and necessary to govern commerce, protect public health, safety and welfare within the public right of way. Section 2 That the Bozeman Municipal Code Sec. 36.01.020-Definitions are amended as follows: Sec. 36.01.020. - Definitions. A. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1."Authorized emergency vehicle" means vehicles of the fire department, police vehicles, and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the director of public works. 2. "Bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is over 20 inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. Means a vehicle propelled solely by human power on which any person may ride, 103 Page 3 of 9 irrespective of the number of wheels, except scooters, wheelchairs, and similar devices. The term includes electronically assisted bicycle. 3."Commercial vehicle" means every vehicle designed, used or maintained primarily for the transportation of property. 4. "Crosswalk" means: a. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs, or in the absence of curbs from the edges of the traversable roadway; b. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. 5. "Curb loading zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. 6. "Driver" or "operator" means every person who drives or is in actual physical control of a vehicle. 7. “Electrically assisted bicycle” is as defined in Title 61, Chapter 8, MCA. 8.7. "Freight curb loading zone" means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers. 9.8. "Intersection" means the area embraced within the prolongation or connections of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. 10.9. "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. 11. “Micromobility” means transportation over short distances provided by small, lightweight, and usually single-person vehicles. 12.10. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. A motorcycle may carry one or more attachments and a seat for the conveyance of a passenger. 104 Page 4 of 9 13. 11. "Motor-driven cycle" means every motorcycle, including every motorscooter, with a motor which produces not to exceed five horse-power, and every bicycle with motor attached. 14. “Motorized foot scooter” means a device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood upon, but may have a seat, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. 15.“Motorized personal transportation device” shall mean motorized foot scooters, motorized skateboards, motor or battery power driven bicycle, and all other similar devices including all motorized nonstandard vehicles as defined in Title 61, Chapter 1, MCA but shall be deemed to exclude electronic personal assistive transportation devices, motorized wheel chairs, motor driven cycles, mopeds, motorcycles. 16. “Motorized skateboard” means every device with a platform having one or more wheels beneath it, which the rider balances on top of, and which is either propelled by an attached or auxiliary, electric or gasoline motor. 17.12. "Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. 18.13. "Official traffic control devices" means all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. 19.14. "Park," when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. 20.15. "Passenger curb loading zone" means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. 21.16. “Pedestrian” means any person afoot on foot or any person in a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person. 105 Page 5 of 9 22.17. "Police officer" means every officer of the municipal police department, or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. 23.18. "Private road" or "driveway" means every way or place in private ownership and used for vehicular travel by the owner, and those having express or implied permission from the owner, but not by other persons. 24.19. "Railroad" means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. 25.20. "Railroad train" means a stream engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. 26.21. "Right-of-way" means the privilege of the immediate use of the roadway. 27.22. "Roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively. 28.23. "Sidewalk" means that portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. 29.24. "Stop," when required, means complete cessation of movement. 30.25. "Stop," "stopping," or "standing," when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. 31.26. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. 32.27. "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, including avenues and alleys. 33.28. "Through or arterial highway" means every street or highway, or portion thereof, at the entrances to which vehicular traffic from intersecting streets or highways is required by 106 Page 6 of 9 law to stop before entering or crossing the same, and when stop signs are erected as provided in this chapter. 34.29. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for purposes of travel. 35.30. "Traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. 36.31. "Traffic division" means the traffic division of the police department of this city; or, in the event a traffic division is not established, then the term "division" whenever used in this chapter, shall be deemed to refer to the police department. 37.32. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. For the purposes of this Chapter the term “vehicle” includes, but is not limited to, any moped, motorcycle, motorized personal transportation device, motor scooter, automobile, truck or other vehicle propelled by a motor of any kind. 38.33. "Ways of this city open to the public" means any highway, road, alley, lane, parking area or other public or private place adapted and fitted for public travel that is in common use by the public. Section 3 That Sec.36.01.130 be added to the Bozeman Municipal Code as follows: Sec.36.01.130 – Licensing and regulation of commercial shared micromobility businesses. A. General. It is unlawful for any person to operate within the city a commercial shared micromobility business renting, to the general public, bicycles or motorized personal transportation devices as defined in Sec. 36.01.020(A)(11) and (15), without having first obtained a commercial shared micromobility license. A shared micromobility license is only required for those businesses whose principle service provided to the public is the renting of bicycles or motorized personal transportation devices. This section applies to all forms of rental including mobile application based rentals. 107 Page 7 of 9 B. Application; requirements to be determined by City Manager. A commercial shared micromobility business must complete and submit an application and a signed Acknowledgement of Terms of Operation to the Department of Public Works prior to deploying its fleet. Terms of Operation required for the license shall be determined by the City Manager who may revise such terms in order to adapt to the City’s needs and the changing industry. Terms of operation will include, but are not limited to insurance and indemnification requirements and provisions for the suspension or revocation of licenses. C. Annual renewal. To ensure Terms of Operations shall be consistent for every business, all commercial shared micromobility licenses are valid for one calendar year, with an expiration date to be determined by the City Manager and included in the Terms of Operations. An applicant must submit a renewal application, fee, and signed Acknowledgement of the Terms of Operation annually to renew. D. Fee. Commercial shared micromobility license fees shall be established by resolution of the city commission. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 5 Severability. 108 Page 8 of 9 That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provisions thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification Instruction. The provisions of Section 2 and Section 3 shall be codified as appropriate in Chapter 36 of the Bozeman Municipal Code. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 109 Page 9 of 9 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 13th day of April, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session therefor held on the 27th day of April, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 110 Memorandum REPORT TO:City Commission FROM:Alex Nordquest, Forestry Manager Mitch Overton, Director of Parks, Recreation, and Forestry SUBJECT:Mayoral Proclamation Proclaiming Arbor Day MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim April 30, 2021 as Arbor Day in Bozeman, Montana. Urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and further, urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. STRATEGIC PLAN:6.2 Protect Local Air Quality: Protect local air quality. BACKGROUND:A proclamation to celebrate Arbor Day is one requirement for Tree City USA designation through the Arbor Day Foundation. The Tree City Designation also states minimum requirements for items such as; minimum number of trees to be planted and maintained per capita, as well as funds spent per year on the city urban forest per capita. Meeting these minimum requirements is a good way to ensure that we continue to invest in our urban forest. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:None. Attachments: Bozeman Arbor Day Proclamation.docx Report compiled on: February 12, 2021 111 Proclamation Regarding Arbor Day Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and Whereas, Arbor Day is now observed throughout the nation and the world; and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. Now, therefore, I, Cynthia Andrus, the Mayor of Bozeman, do hereby proclaim Friday, April 30, 2021 as Arbor Day, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. Signed and Proclaimed this 27th day of April, 2021. _________________________________ Cynthia Andrus Mayor, Bozeman, Montana 112 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Shawn Kohtz, City Engineer SUBJECT:Resolution 5301, Establishing Fees for Commercial Shared Micromobility Businesses MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5301, establishing fees for commercial shared micromobility businesses. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:At the April 13, 2021 City Commission meeting the Commission provisionally adopted Ordinance 2072, An Ordinance of the City Commission of the City of Bozeman, Montana Amending Chapter 36 Definitions, and Establishing License Requirements and Fees for Commercial Shared Micromobility Businesses, and Providing and Effective Date. Resolution 5301 establishes the fees for the license established under Ordinance 2072. Commercial Shared Micromobility Businesses operate primarily within the public rights of way that are operated and maintained by the City of Bozeman. The operation of these businesses within the right of way requires the commitment of additional resources by the City of Bozeman. The license fees established by Resolution 5301 will partially offset the cost of those additional resources. Examples of additional resources that may be required as a result of the Shared Micromobility Businesses are added parking and traffic enforcement and material costs and labor for the installation/removal and maintenance of the pilot Parking Areas. The estimated cost of materials for the installation of 15 pilot parking areas in the downtown area is $1,450. Staff has assumed that the materials will be reusable for two years leaving the annual cost of materials at $725. Staff feels that the proposed license fee of $300 is an appropriate place to start. With two companies that have expressed their intent to operate in Bozeman this year, the license revenue would offset a reasonable portion of the estimated annual material costs. Costs associated with the installation as well as an estimate of additional enforcement activities can be tracked through this year for a reassessment 113 of the license fee prior to next year. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:The $300 license fee will be deposited into the Public Works Administrative Fund. Attachments: Resolution 5301, Commercial Shared Micromobility License Fee.docx Report compiled on: April 16, 2021 114 Version April 2020 RESOLUTION 5301 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A LICENSE FEE FOR COMMERCIAL SHARED MICROMOBILITY BUSINESSES OPERATING ON THE PUBLIC RIGHT OF WAY OF THE CITY OF BOZEMAN. WHEREAS, the City has the authority to license by ordinance all industries and impose penalties for failure to comply with such license requirements pursuant to 7-14-4101, MCA; and WHEREAS, the City adopted Ordinance 2072 establishing license requirements and fees for commercial shared micromobility businesses; and WHEREAS, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows: Section 1 To defray the costs and expense of staff working with commercial micromobility businesses and downtown partners to determine safe, useable and unobtrusive parking solutions for micromobility in the downtown area; to defray the costs and expense of installing, relocating and maintaining micromobility parking areas; and to defray the costs and expense of parking enforcement and retrieval of errant micromobility vehicles by city staff, a commercial shared micromobility business license fee under BMC Section 36.01.130 shall be an annual fee of $300.00. Section 2 This fee shall be in full force and effect thirty days from the passage and adoption of this Resolution, to coincide with the effective date of Ordinance 2072. The fee of $300.00 shall be in full force and effect for commercial shared micromobility business licenses issued in calendar year 2021 and 2022. The fees will offset the costs of materials and installation of micromobility parking areas throughout downtown. 115 Version April 2020 Section 3 Fees may be administratively adjusted thereafter if costs and expenses to the City in collaborating with micromobility businesses to manage parking and related issues increase. Fees may be increased no more than 5% a year. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 116 Memorandum REPORT TO:City Commission FROM:Luke Kline, Contracts Coordinator Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Resolution 5293, Allocating Cash-in-Lieu of Parkland Funds to Complete the Bogert Park Court Renovation Project MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to approve Resolution 5293 to allocate $199,577.60 in cash-in-lieu of parkland funds for construction of improvements related to the Bogert Park Court Renovations. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:Section 38.420.030.F. of the Bozeman Municipal Code (Cash donation in-lieu of land dedication), states the following: 1. The city must use a cash donation for development or acquisition of parks to serve the development. 2. The city may use the cash donation to acquire or develop parks or recreational areas within its jurisdiction or for the purchase of public open space or conservation easements, only if: a. The park, recreational area, open space or conservation easement is within a reasonably close proximity to the proposed development; and b. The city commission has formally adopted a citywide park plan that establishes the needs and procedures for use of the cash donation. Because this is not considered a neighborhood park associated with a specific subdivision or development, but instead operates as a community park, serving the entire community with a variety of site elements and activities, use of cash-in-lieu of parkland (CILP) funding is appropriate per 38.420.030.F.1 and 2. Whereas CILP funding for a neighborhood park is seen to be available for use within its 10-minute walk/half-mile radius; the “development” served by the Bogert Park Court Renovation project is the entire community and the source of funding is drawn from the entire CILP account rather than a specific development’s source of funding. 117 The Parks, Recreation, Open Space and Trails Plan is the citywide park plan that identifies the needs for such community recreation amenities and access to outdoor recreation in the community Bozeman. The procedures for the use of the donation are further clarified in the CILP grant materials including the Community Letters of Support submitted to the Recreation Parks Advisory Board and recommendation for court renovations provided in the Bogert Park Master Plan. The proposal must demonstrate that the improvements will: add to the long-term benefit of the park and surrounding properties; reflect the interests of, and have the support of, adjacent property owners; comply with the existing park master plan, or if one does not exist or a new or revised park master plan is being proposed, be consistent with the goals of the Parks, Recreation, Open Space, and Trails (PROST) system-wide Master Plan and the current recreational needs of the City of Bozeman. Staff finds that the application does meet these criteria. The project need is acknowledged in the 1992 Bogert Park Master Plan. Pickleball and other racquet sports in this location of the park have been a recreational use for years and the project will ensure a dedicated location for the community and the fast growing sport of pickleball. Further, a dedicated community pickleball facility relieves the pressure that Southside Park tennis courts receive from pickleball and tennis, allowing more time for tennis at Southside Park. The court renovations have been designed for construction in the existing court space to avoid disruption of other activities in the park and to ensure ongoing maintenance remains feasible. A detailed description of project cost and funding sources is provided within the application presentation. The total estimated cost of the project is $327,965.00 The Parks Division has coordinated with local contractors who will oversee project design and construction according to the Professional Services Contract Agreement authorized by the City Commission and signed by the City Manager. If the grant award is approved, funding up to $199,577.60 will be provided to the Parks Division to administer the completion of the Bogert Park Court Renovation project. UNRESOLVED ISSUES:None. ALTERNATIVES:Reduce scope of project from post-tension concrete to Asphalt surfacing for a reduction of $39,058.00. However, this reduces lifespan and increases maintenance costs. FISCAL EFFECTS:An allocation of $199,577.60 allows a remaining balance of $665,770.99 in the cash-in-lieu of parkland fund. 118 Attachments: Resolution 5293 - Bogert Park Court Renovation.pdf Attachment A Bogert_Park_Master_Plan_1992.pdf Attachment B Community Letters of Support.pdf Report compiled on: April 15, 2021 119 COMMISSION RESOLUTION NO. 5293 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING THE ALLOCATION OF CASH-IN-LIEU OF PARKLAND DEDICATION FUNDS FOR BOGERT PARK COURT RENOVATIONS WHEREAS, the City of Bozeman Parks and Recreation Department has submitted an application for the use of cash-in-lieu of parkland dedication funds for design, construction of Bogert Park Court Renovation project at Bogert Park; and WHEREAS, the current unallocated balance within the city-wide cash-in-lieu of parkland dedication fund is $865,348.59; and WHEREAS, Section 38.27.030 (F.)(1.) of the Bozeman Municipal Code, (“Cash Donation in lieu of Land Dedication”) specifies criteria for which these funds may be utilized; and WHEREAS, the Recreation and Parks Advisory Board at their regular meeting of April 8, 2021 unanimously passed a motion recommending that Commission approve the allocation of $199,577.60 from the cash-in-lieu of parkland dedication account to the Bogert Park Court Renovation project; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, 120 Section 1 – Municipal Code Reference In accordance with Section 38.420.030.F. of the Bozeman Municipal Code, the source of cash-in-lieu of parkland dedication funding is appropriate for Bogert Park Court Renovation project at Bogert Park; and Section 2 – Funding Authorization The allocation of $199,577.60 from the cash-in-lieu of parkland dedication account is hereby approved for the Bogert Park Court Renovation project. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 27th day of April, 2021. ___________________________________ CYNDI ANDRUS Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 121 Bogert Park llaster Plan Submitted to the City of Bozeman, l"lontana June, nqz by Dick Pohl, landscape architect 122 I T I I I I I t I I I I I I I I I t Eogert Parlt I'laster Plan Existing Conditions and Needs Analysis Bogert Park is a 6B acre community park with spectallzed facilities. lt is located in east Bozeman and ts bounded by South Church Avenue, Bogert Place, and Bozeman Creek it is located rn an R-l-A zone and ls surrounded fn all5l{tt I'ry ql{ltr rg,s1qllnlrai prqpspl!es,One warehoule is !0cated directly north of the park, other nearhy recreail0n sites include Llndley Park wlth extenslve DUbllc grounds, a shelter, and playground; Galiagator Linear Park, a connector bike and hike park; Peet's Htll, a popular siedding site; and Highland Ridge Trail, a running and hiking course. See locatl0n map on page f ive Bogert Park is named af ter John Bogert, the originai owner of this site and Boieman's f irst mayor of about 1883. This site was historically known as tsogert's 6rove and was a popular over-night stopping place for favelers thiough the lurn of the century, lt's majestic c0ttonwoods and stream-stde setting made it a cool relaxing point f oi early tourjsts. The City bought this property from daughter Elizabelh Bogert in the early 1920's and dedicated it as a city park. The park is generally very flat with a gentle slope to the north, Bozeman Creek which f orms the western boundary has some dangerously steep banks in many places yet allows easy access in others. lt iS a Shady tree-llned stream which provldes opportunlty aS a flshery and as a focal polnt for relaxation Virtually nothing has been done to focus on this water feature. A bridge crosses the stream and provides access from the 60 foot wide rrght-of -way of Koch Street. The swimming pool was built in lhe late I930's and was the f irst public pool in Bozeman. lt was renovated rn 1975. Today it is Bozeman's only public outdoor pooi and as such receives very heavy usage throughout the summer season. t'lornlng Iessons are held here [nrougn0ut the summer and open swimming is available af ternoons and evenings Deck areas are narrow and very congeited. The pool staf I wishes to enlarge the deck space with a l0'by 47'expansion to the west thereby reducing S0me of the cOngestion problems, Vehicular traflic anound the pool presents conflicts and potential hazards. There is not a safe drop-off zone for children nor are thene srdewalks for safe pedestrian circulation. Dust from the gravel drive and parking lot creates extra marntenance and potential water quality problems. 123 2 There are n0 grassy areas for sunning near the p00l and llttle space for spectators and guardlans to watch lhe swimmers, The log bandshell was built rn 1919 an0 has served as the site lor city band performances over the years lt was designed by the noted iocal archrtect Fred Willson and has historical merit lts renovation in 1990 provided a larger stage, better lighting, and a restored use for continued performing arts. Currently the City Band provrdes eight public concerts per year 0n Tuesday nights The audience sits on the grass or provrdes their own chairs and a large number of concert-goers drive their cars onto the lawn to watch the performance. Horn honking is a standard form of appreciation after a favorite piece The bandshell is also used by other groups such as dance perf ormers, and other musictans. Two tennis courts and a hasketball court are located in the northeast corner, These courts serve a sector of Bozeman where no other court facllitles are provided but are considened sub-standard courts. A waten problem was corrected by bulldlng a dralnage swale through the courts on the north end making the surface dangerously uneven, The surface is breaking up due to lree roots unden the courts. The fence and net are in poor repair as are 0ther court furnishrngs. Because cars park adjacent to the courts, extreme glare from glass and chrome present hazards. Dust and dirt from the unpaved stneet and parking make the tennis surfacing grimy and dirty, ln 1977 federal funds were used t0 build the 22A'X 110'pavilion. lt was planned as a multi-use facillty whlch could support large group plcnlcs, festivals such as farmers' markets, and winter 1ce skating. The following year a curtain was added to the south end to shade the surface from the winter sun. lts asphalt surface and night lightrng make it a versatile facility. Public restrooms and a storage r00m were added in the southwest cornen. lt continues to serue its Dlanned function and is a veny popular p'lace for large group gatherings, The Oallatln Valley Farmers f"larket operates out of the pavillon every Saturday from mid July through mid September, This operation has grown to become a very popular attraction which brings hundreds of buyers and sellers to the park. Shoppers en;oy the park setting and the covered faclllty at Bogert Park. Because lhere is a very high turn-over of people coming and going by vehicle, lraffic flow and pedestrian safety are issues of extreme concern. Overflow parking has been ailowed on the grass which results in poor f ield turf and broken rrrrgation Iines. Neighbors are extremely upset 0ver the pressures of traffic, street parklng, and pedestnian safety durlng the hours of the market. Dust from the gravel lot in the park creates I T I I I I I I T t I I I il I t I I I 124 I t T I I I I I I T T I I T I T l I I 3 nelgnbornood p0lluilon There is little conf lict 0r competiilon between the market and the swimming p00l 0nly because the scheduied hours 0f use d0 no[ overlap The market optimizes the park on Saturday mornings such that virtually no other organized activity can occur here including swimming pool use. The pavilion is heavily used f0r ice hockey during the winter season, The Bozernan Amateur Hockey Association erects boards around the perlmeter and provides programing to promote the game of hockey. lce is provided and maintained by the city park department. T"he BAHA has extensive growth plans and wishes to enclose the pavilion and refrigerate the surface to provide a longer season of play. The condition and continuity of the ice are Irmitrng fagtors for thein sport. The Bozeman Park and Recreation Advisory Board does not support the BAHA in their plan to enclose the Bogert Park Pavilion for refrigerated ice because it would prohibit the general public from admittance to the public facility and would reduce its capability as a multi-use pavilion. The piaystr'ucture was added to the park in the late 1970s and stlll provides veny popular play opportunity. Although it is tlred and worn looking, lt is a destination for most young kids in the vicinity. lt is especially heavily used during times of Band Concents and Farmers'Plarkets. lts linked play opportunities and variations of play are ideal for children of many ages. lt is willsited and central to most otherpark uses, Additionai henches and shade trees should be Iocated nearby. Open f ield space on the south end of the park is in good condltion. Two backstops are positioned for impromptu bal'l games but do not allow enough room for regulatron size play, Concrete and timber bollards surround the parking to prevent cars from driving on the grass. Because there are many missing bollards, cars occasionally drive through the pank randomly. 0penings exlst at the southwest corner off Bogert Place, near the pool leading in to the bandshell area, and near the southeast corner of the pavllion, Portable picnic tables are available for use in and around the pavilion as are several stationary grrlls There is n0 "dedicated" 0r developed picnic area set aside in this park, A heavily used gravel path cuts diagonally from the brldge t0 the southwest corner of the parking area, The parklng iot has recently been reallgned to provlde one-way clrculatlon enterlng near the pool-house from the north, tt loops around the p0ol and exits on South Church. Because it is a gravel surface with n0 marked stalls, 125 OL.VE STW'.'* -F It ;'BOGEHT P.ABK * 4. ffir& ,$ b{t t %; ir* I. t.'\'. -+ ::,tr* i..,1: o:91.THffiq { ,.1 il .;.?) 7&w,W *"w*,rr."a6:' -t t ?' . *x.* tQ,x..126 li''!: t tF - !';,rr! ri_,i 6 aa+ --r-. r\'t -.r. I I t T I I I I I I I I I I I T I I J , Project Developmeni .'l .,irt:fti. - r, '-- .- { -. r-'. .-r .\ -.i , I l5' cl"r;:t,l;:ri.. ief.a:;'i,l ,3,51rt '.tl :i T,tr i.,Oi'],.-ine ln nSvl I 10n !r,:i;ir: l,tn'e: afrql ,;rillS p :.31;Qi'Orin0 ex$an5i cn wtth [+ncnei i :r,11 l,'irirnaLu, iu_.vup.t rll lrace 5l:ream Dani. 5 f+:icr^r Yeae!aticn ainnc Danks iD large shade Irees 5 rrnail or-rrai-nerrtai slreet ti'ees i-,ri. ir.a ' .-.i-,Jt [. I I lu Lt_i r- :lsDhrilt" :uriac.e anC Curbing +,r 3 i i., V', al,' ;l:.t:i-riti i i,ual h",,va,v 55i)' X 5' 1')Z' ^, ,1-l- l,-l,:ri-i I i-tr' , i- i 2.500 20,0r10 '7 i-)()i1 I ,(10(-) 1,900 40c 61 Sfir'\ i. _r rJt_, Ii.'A,trrr^,^ l?,''J, lll t\l , *l_rl5i! are b.?:;ii-i ilr; e:;[1i-rtaie{l 0f-tvate contiact0r 0riceS 127 Bozeman Recreation and Parks Advisory Board March 30, 2021 Bozeman City Commission We are the members of the ad hoc Bozeman pickleball court committee. The Bozeman pickleball community wholeheartedly supports the initiative to renovate the Bogert Park court space to seven dedicated pickleball courts. Many of you will know that pickleball is the fastest growing sport in America https://www.economist.com/united-states/2021/01/28/pickleball-is-the-fastest- growing-sport-in-america and in the world. https://www.dailycal.org/2019/10/10/pickleball- worlds-fastest-growing-sport-that-no-one-has-ever-heard-of/. Already popular within our own community with seniors, an underserved group with respect to park recreation facilities, pickleball is also rapidly gaining appeal for all ages. Over the past year we have been fully engaged with the City Park and Recreation department to develop a plan that will maximize value to the City and citizens over the long term. During that time we have participated in three in-person meetings with city personnel at Bogert Park; two in- person meetings at City buildings; three WebX meetings with the City and numerous site meetings with experienced construction people as part of our process of education. We have also had written communication with the national U.S.A. Pickleball Association in Surprise, Arizona about the specific details of this project. One of us, Sue Olsen, is the local Ambassador of that organization. We conducted a survey of preferences to our email list of 308 pickleball players, compiled and presented the results to the City. We have followed up that survey with direct outreach to players as plans have developed. Another of us, Terry Quatraro, reached out to the pickleball community in Great Falls and in Billings, both of which in 2020 completed similar projects to convert twin tennis courts to pickleball. Based on that background we submitted fully documented recommendations to the City which suggested the plan in detail that we believe will provide the very best long-term value for the City and its residents. We have also been involved in the review of proposals and modification thereof that led to the plan before you. Our long term vision is that this project will be the key element in a facility at Bogert Park suitable to host regional tournaments in addition to the primary goal of day-to-day open pickleball play for all ages and skill levels. Please adopt the proposed plan. Pat Martin, pcmartin@montana.net Sue Olsen, sueeolsen@gmail.com Terry Quatraro, terry@montana.com Frank Seitz, fcseitz@gmail.com 128 Parks and Recreation Committee Background Data for Pickleball Presentation on Thursday, April 8, 2021 We of the Bozeman Pickleball Court Committee thought it might be helpful to provide you some background before our presentation this Thursday. We hope this "bird's eye preview" will free up more time for us to visit with you about a sport that has taken three and a half million Americans by storm. We have spent months examining the need for a community pickleball facility, an examination that has included surveying more than three hundred local players, the compilation of court construction options and cost/benefit analyses, review of existing court facilities within Montana and the western U.S., and consultation with the American Pickleball Association. Beyond the "bricks and mortar" data, we have focused on the benefits that pickleball provides for its players, especially our senior citizens, whose health status and exercise opportunities are limited with our community. Studies have shown that playing pickleball regularly, especially for seniors, can improve fitness levels, including: *Reducing health risks (e.g., blood pressure, muscle weakness, joint stiffness, listlessness, reduced flexibility, nervous tension) *Improving weight control through burning calories. *Improving balance *Developing better agility *Improving mood and neutralizing depression *Stimulating more energy *Making new friendships and promoting positive social interactions We are excited and eager to expand the pickleball experience to any and all who would choose to swing a racket and revel in new friendships formed, without having to be a highly skilled athlete or in svelte condition. Finally, for us "mature" folks, a truly enjoyable physical sport is within our grasp. "Middle age" physiques no longer have to be sentenced to the rocking chair. We are looking forward to engaging you in a vigorous discussion that will open up pickleball facilities from which we all can all benefit. 129 For those of you interested in more information about pickleball itself, a "coffee table" book, Pickleball at a Glance, will be made available at our meeting. Sincerely, Frank Seitz Pat Martin Sue Olson Terry Quatrarro Bozeman Pickleball Court Committee 130 Memorandum REPORT TO:City Commission FROM:Melody Mileur, Communications Coordinator Dani Hess, Neighborhoods Coordinator SUBJECT:Resolution 5292, Establishing "Engage Bozeman" as the City's Community Engagement Framework to Broaden and Deepen Public Participation in City Government MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I move to approve Resolution 5292 establishing "Engage Bozeman" as the City's community engagement framework to broaden and deepen public participation in city government. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:In April 2018 the City of Bozeman City Commission approved the City’s Strategic Plan and identified seven main visions to guide the plan. Vision 1 calls for “an engaged community” and that “we foster a culture of engagement and civic leadership based on innovation and best practices involving community members of all backgrounds and perspectives.” The City has made significant progress in accomplishing the outcomes of this vision including the creation of a Communications Plan and Protocol, enhancement of relationships with public agency partners, businesses and non-profits, development of a strong and thorough legislative agenda, and more. As a part of section 1.2.b. the City has now developed “Engage Bozeman” a community engagement initiative that serves as a plan for how the city will support and sustain an increased level of community engagement in City decision making processes. Many of the concepts in this initiative come from the International Association of Public Participation (IAP2), an internationally recognized organization focused on formalizing, delivering, and evolving policy on community engagement. Several City staff have completed the Foundations in Public Participation certification through IAP2. 131 The initiative provides a guiding framework for the City’s ongoing community engagement efforts based on IAP2’s best practices and our community’s unique needs. The methods and tools used to do this work will evolve and adapt to meet changing circumstances locally and globally, however the framework is grounded firmly in the following guiding principles: Equity and Inclusivity Transparency and Trust Innovation and Adaptation UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: Resolution 5292 Engage Bozeman.docx Engage Bozeman Final Draft 4.16.21.pdf Report compiled on: April 16, 2021 132 Version April 2020 RESOLUTION 5292 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING “ENGAGE BOZEMAN” AS A COMMUNITY ENGAGEMENT FRAMEWORK TO BROADEN AND DEEPEN PUBLIC PARTICIPATION IN CITY GOVERNMENT AND EMPLOY INNOVATIVE METHODS FOR INVITING INPUT FROM THE COMMUNITY. WHEREAS,the City of Bozeman works to provide high quality services, infrastructure and programs in our community, there is a need to provide transparent, equitable, and innovative means for residents to effectively contribute to decisions that affect them. WHEREAS,Vision 1 of the City of Bozeman’s Strategic Plan calls for “an engaged community” and that “we foster a culture of engagement and civic leadership based on innovation and best practices involving community members of all backgrounds and perspectives.” WHEREAS,section 1.2.b. of the City of Bozeman’s Strategic Plan calls for the development of a “Community Engagement Plan” to support and sustain an increased level of community engagement in City decision making processes. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the City of Bozeman will adopt Engage Bozeman to guide City community engagement efforts as referenced in Attachment A. Engage Bozeman serves to outline the guiding principles, goals, concepts, processes and tools to achieve Strategic Plan item 1.2.b. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor 133 Version April 2020 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 134 ENGAGEBOZEMAN! Community Engagement Initiative 2021 135 City of Bozeman | Community Engagement Initiative 2 Why engage the community? Bozeman residents care about where they live, work, and play. As the City of Bozeman works to maintain our high quality of life by providing basic services and infrastructure as well as programs that support what makes Bozeman special, we strive to integrate customer service, communications, and engagement. These opportunities for residents to interact with the City are all pathways for folks to take part in finding solutions and contributing to decisions that affect them. Ultimately, we seek to build trust in processes that are equitable, transparent, and innovative as we work together to Engage Bozeman! What is the purpose of this document? The City of Bozeman City Commission places a high value on community engagement with Bozeman residents. The City’s 2018 Strategic Plan outlines a commitment in Vision Statement 1: “An Engaged Community. We foster a culture of engagement and civic leadership based on innovation and best practices involving community members of all backgrounds and perspectives.” The Strategic Plan includes the creation of a community engagement plan in Section 1.2.b. to “increase community engagement in city decision making processes.” This document serves as that plan, outlining how City staff, leadership, and the community can contribute to a collaborative approach to local governance. The framework, language, and tools presented here will be woven into the work of the City to create a seamless and integrated approach. Many of the key concepts of this initiative come from the International Association of Public Participation (IAP2), a widely recognized organization focused on advancing the practice of public participation through professional development, certification, standards of practice, core values, and advocacy. As a part of formulating the Engage Bozeman framework, staff consulted community members through interviews and a community engagement survey. We asked respondents to provide feedback on how our efforts can support and strengthen the guiding principles of the initiative. For each guiding principle, we reflect on what we heard from folks who provided input via interview and survey. Throughout the document, you’ll see quotes and themes that have been highlighted by community members who have provided their input on the Engage Bozeman initiative. 136 City of Bozeman | Community Engagement Initiative 3 Goals 1.2.3.4. Close the loop by communicating back to the public about how their input contributed to a given decision or outcome. Develop our toolbox: Broaden and deepen community engagement opportunities through a diversity of engagement techniques and tools. Build consistency in how we plan for engagement. Grow internal capacity and train staff to create and implement community engagement plans to ensure clear, effective, and inclusive engagement in City projects. Create common understanding among City leadership, staff, local partners, and Bozeman residents on engagement and decision making processes. Guiding Principles Equity and Inclusivity: • Include community members most impacted by City projects • Acknowledge and address barriers to participation for underrepresented groups • The City goes to the community as well as invites the community into City spaces Transparency and Trust: • The decision making process is clear and the community understands how their input influences decisions • The City communicates back to the community about how their feedback was considered in the decision • Elected officials, City staff, and community partners follow through on their commitment to the community engagement process Innovation and Adaptation:• Those who wish to engage can do so effectively through a variety of accessible engagement tools • Identify future improvements by integrating community feedback on engagement and communication tools • Make continuous improvements as we learn from our experiences and from other organizations and communities HUMILITY AND THE LEARNING PROCESS. We heard that it’s important that staff and leadership approach conversations around equity and inclusion with humility. Learning requires us to be reflective as individuals and as an institution to understand what we don’t know and where we have made mistakes in the past. “To acknowledge limitations builds trust” “Be transparent about learning processes, leaders need to model the messiness of ‘not knowing’” 137 City of Bozeman | Community Engagement Initiative 4 What is our approach to Community Engagement? Our approach for community engagement is adapted from the International Association for Public Participation (IAP2). IAP2 has advanced best practices and methods for effective, meaningful, and inclusive public engagement since 1990. IAP2 defines public participation as any process that involves the public in problem solving or decision making and uses public input to make decisions. IAP2 provides training, materials, and a process for creating engagement plans that help build consistency and clarity in how community members contribute to decisions that affect them. In May of 2020, the City of Bozeman joined IAP2, gaining access to training, materials, and professional networks for staff. Several City staff are trained in IAP2’s Foundations course series, which includes community engagement planning and employing tools and techniques to implement community engagement plans. This document provides an overview of definitions, materials, and processes adapted from IAP2 that are at the core of the City of Bozeman’s approach to community engagement. 138 City of Bozeman | Community Engagement Initiative 5 Community Engagement is: an inclusive and ongoing process that relies on a two-way exchange of information, ideas, and expertise between the public and the City of Bozeman to solve problems and make sustainable decisions. Key Components of Our Definition There are several key words called out within this definition. The following describes each of the components from the definition in more detail. “Inclusive” means that we are striving to reduce barriers to participation, offer a greater diversity of ways to engage, and ensure that we are creating accessible and welcoming spaces for all people to engage. “Ongoing process” means that we plan for multiple interactions in multiple formats. It is not just one public meeting or a single outreach event. “Two-way exchange” means that information flows back and forth between the public and decision makers. One-way communications may be required throughout the process of community engagement to ensure that those who are participating have the information they need to contribute in a meaningful way. A key factor of engagement is that decision makers close the loop with those offering input by explaining how public input was considered and why public input was or was not reflected in the outcome of the decision. Additionally, members of the community are valued as experts in their lived experience and day-to-day interactions with City services, projects, and processes. Community engagement efforts are founded in the idea that community members contribute to better outcomes by enriching the considerations before decision makers and City staff. “Sustainable decisions” are the outcome of effective community engagement and clear decision making processes. They result in community members’ satisfaction with the process used to reach a given outcome, EVEN IF they are not satisfied with the outcome itself. They bring us closer to establishing the trust, transparency, equity, and innovation outlined in our guiding principles. Sustainable decisions balance the long-term vision and current realities of a changing Bozeman. As illustrated in the graphic here, they are publicly acceptable, technically feasible, socially responsible, environmentally compatible, and economically viable. Defining Community Engagement Community engagement is the term used in the City’s Strategic Plan commitment to “broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders.” Other terms such as public participation or public involvement capture the same meaning. Community engagement is the term the City of Bozeman uses to encompass this work. To ensure that participation in engagement efforts are rooted in a common understanding, the following defines our community engagement efforts at the City of Bozeman. 139 City of Bozeman | Community Engagement Initiative 6 Defining decision making Decision making is at the core of how we plan for community engagement. Clarity on what decisions will be made, who will make them, and what information will be considered throughout the process is essential. Many decisions are made throughout a given City project. Our approach calls on project teams to consider which decisions are already made, and which decisions can be made more sustainable by engaging the community. Which decisions the public will contribute to specifically must be clarified at the outset of the engagement planning process. Next, the public must be equipped with the right information and tools to contribute to a given decision. THE IMPORTANCE OF FOLLOWING THROUGH & FOLLOWING UP! Community engagement processes are most successful when the decision makers and project team follow through on their promise to the public (as described in the Engagement Spectrum on page 8.) Following up directly with those who were involved in the process and letting them know how their input influenced the outcomes is both informative and closes the loop. This creates trust and encourages people to engage again. Decision makers should understand and respect the importance of following through throughout the process. “It’s really important to follow up and show the outcome of the time that folks spent with you.” “The way to build credibility is to follow through on what you say and demonstrate that the work is being done.” Decision making process Full range of objective information about the issue to be addressed Clear understanding of the criteria by which the alternatives will be evaluated Balanced alternatives that include stakeholder issues and concerns Clear comparison of alternatives Clear understanding of who made the decision and how stakeholder issues were considered Gather information Establish decision criteria Develop alternatives Evaluate alternatives Make decision This graphic is an outline of a decision making process with 6 steps from defining the decision to be made, gathering information, establishing criteria, developing alternatives, evaluating alternatives, and making a decision. Depending on what stage or stages of the decision making process the public will be involved, they may need to be provided with varying information or methods of engaging. Clear understanding of the scope of the decision Define the problem/opportunity and decision to be made Public needs at each phase 140 City of Bozeman | Community Engagement Initiative 7 When do we do Community Engagement? City-led projects typically incorporate some aspect of informing or communicating with the community, but when should we go beyond communication to engage the public? There are many ways in which community members can provide input that benefits project outcomes, however not all City projects will include an engagement process. Authentic and genuine engagement occurs when a decision has not yet been made and there is opportunity for decision makers to integrate stakeholder input into their considerations of different alternatives or outcomes. Adequate time and resources must be incorporated into work plans, budgets, and project scopes to plan for and implement successful community engagement efforts that are respectful of community member’s time and can truly integrate their expertise. The following questions help determine the extent of engagement that may occur throughout a City-led project: What is the timeline, budget and staff capacity? Is there time and resources to plan for and implement a successful engagement process? What is the impact on the public? How will the project benefit or burden specific groups in the community? What are potential unintended outcomes? How can the public play a role in the decision- making process? Does the City Commission or other decision makers want the public to help identify solutions, select options, or weigh in on their preferred approach? 141 City of Bozeman | Community Engagement Initiative 8 CONSULT INVOLVE COLLABORATE EMPOWER PUBLIC PARTICIPATION GOALTo obtain public feedback on analysis, alternatives and/or decisions. To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered. To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution. To place final decision making in the hands of the public.PROMISE TO THE PUBLICWe will keep you informed and listen to and acknowledge concerns & aspirations and provide feedback on how public input influenced the decision. We will work with you to ensure that your concerns & aspirations are directly reflected in the alternatives devel oped and provide feedback on how public input influenc ed the decision. We will look to you for advice & innovation in formulating solutions and incorporate your advice and recomm-endations into the decisions to the maximum extent possible. We will implement what you decide. Inform/Communicate To provide the public with balanced and objective information to assist them in understanding the problem, alternatives, opportunities, and/or solutions. CONSULT INVOLVE COLLABORATE EMPOWER SELECT BASED ON LEVEL OF ENGAGEMENT• Surveys • Interviews • Focus groups • Public meetings • Public comment • Open houses (where there is an opportunity for the public to give input) • Public engagement platforms • Charrettes • Focused conversations • Community liaisons • World cafes/table talks • Open space meetings (self directed meetings) • Card storming (using sticky notes to generate ideas, identify priorities) • Appreciative inquiry processes • Deliberative forums • Advisory groups • Study circles • Workshops • Citizen juries • Deliberative polling process Example Tools and Techniques Defining the level of engagement After there is clarity on the decision and how the public will participate in the decision making process, the level of engagement is determined. The IAP2 engagement spectrum outlines different levels of engagement and helps determine how community will contribute to the process and what the expectations are for achieving a given level of engagement. Throughout any level of engagement, one-way communication will occur to provide the community with the resources and information they need to contribute effectively. Increasing Impact on the Decision 142 City of Bozeman | Community Engagement Initiative 9 Tools and Techniques for Community Engagement Different tools and techniques are employed throughout a project depending on the level of engagement selected. The selection of tools and techniques is guided by the Community Engagement Plan and the level of engagement from “consult” to “empower.” Additional considerations that play into the selection of techniques include who the project seeks to engage, what resources are available, and the project timeline. Choosing the right tools or techniques The guiding principles of Engage Bozeman encourage staff to think bravely and thoughtfully when selecting the best tools and techniques for a given project. As shown in the example above, the City has access to a number of options to engage at every level of the spectrum. In addition staff are always considering ways to evolve existing tools to better match an impacted audience and looking at new methods that may be new to the toolbox. TAKE RISKS We heard that innovation requires flexibility and the willingness to pivot as we develop new processes and tools. “Don’t be afraid to try new things and change your strategy if it doesn’t work” “Growing is uncomfortable! You have to be willing to stop the way you’re doing things and start in another direction.” 143 City of Bozeman | Community Engagement Initiative 10 TIME WELL-SPENT In several instances, people mentioned that they felt heard and like their input was valued in one-on-one interactions with staff and elected officials. Similarly, people appreciated when events were organized in a way that is respectful of people’s time - giving plenty of advance notice, not having meetings run long, and allowing flexible options for people to participate in their own time. DO YOU NEED TO HEAR FROM SPECIFIC GROUPS? DON’T ASK THEM TO COME TO YOU. GO TO THEM. While asking folks to come to an event can still result in good engagement, it may not always be the most accessible. Consider the location of events. Are they near public transportation? Are they within walking distance of the audience you’re trying to reach? Is childcare a factor for your participants? Going into the community may be the best way to reach those who wouldn’t otherwise make it to an event somewhere else. This is also a way to give new people, who’ve never engaged before, an opportunity to have a voice at the “table.” ADVISORY GROUPS Have you heard the term “citizen boards” “working groups” or other types of “advisory groups” before? A tool that is commonly used in local governments to address complex topics, advisory groups provide input, advice, and recommendations to decision makers on a regular and ongoing basis. As with all engagement tools, the role that they play in the engagement process should be clear from the get-go. Are these tools accessible for community members? Time will always be a limitation for many folks who may want to provide input but are not able to attend meetings. Staff should consider how we can ease the burden of time, especially for those who may have higher barriers to participate. Consider tools that: • Allow for people to participate in their own time • Offer engagement opportunities that can be attended live or viewed afterwards • Go TO the communities you’re trying to reach to reduce travel burden for participants, and meet in spaces they are comfortable in • Yes, virtual meetings are still a great option! They’re easy to join and allow for folks to squeeze it into busy schedules or attend even if they’re a caregiver 144 City of Bozeman | Community Engagement Initiative 11 The relationship between Community Engagement and Communications Communications is a one-way process that informs, educates and alerts. As shown in the Community Engagement spectrum, efforts to “Inform/ Communicate” underlie every level of engagement and are critical to successful community engagement processes. Communications and community engagement are always woven together. Depending on the project, there may be phases of the project where communications is the primary focus. Some examples of how communications will be used as a part of the engagement process include: • Creating awareness about an ongoing project and opportunities to participate • Providing background education for those who engage • Closing the feedback loop by communicating back to participants about how their input was used or influenced the decision • Only “Informing” may be sufficient for increasing awareness and education on a project where community engagement has already been completed, or where another level of engagement is not required I WASN’T AWARE OF THE OPPORTUNITIES! Lack of a robust communications component can create one of the most significant barriers to participation for any audience. A common theme heard from those who don’t participate is a lack of information or knowledge about upcoming opportunities for engagement. While community engagement provides the process and mechanism for soliciting public input in decision making, communications is the tool for inviting those same folks into a space where two-way engagement can occur. 145 City of Bozeman | Community Engagement Initiative 12 THE IMPORTANCE OF LANGUAGE Sometimes, reading about a city project feels like you’re reading something in a totally different language. Technical terms, political jargon, acronyms, can exclude people from participating. Sometimes language barriers are much more literal - project leads must consider translation needs for the languages spoken in our community (for example: Spanish, Arabic, and Mandarin.) “When you’re able to communicate with someone in their own language, it creates connection, it creates a safe space for people to have open conversation, knowing they will be understood.” “Use language that’s relevant to the person you’re speaking to – keep it simple.” THE IMPORTANCE OF COMMUNICATIONS AND RELATIONSHIPS As we innovate and make the most of new technology or methods for reaching out, we can not lose sight of the importance of word of mouth. Bozeman is growing but our community spirit is still very alive. Many folks still receive information and are drawn to participate as they interact directly with friends, colleagues, and neighbors. Fostering relationships and utilizing opportunities to share information with community liaisons remains important. Using the right channels for the audience As outlined in the City’s recently adopted Communications Plan (2020), the City is tasked with reaching an extremely broad group of people, depending on the topic. Clearly identifying the audience and then tailoring the different channels or avenues for reaching those people requires careful foresight, planning, budget, time and effort. While it is ideal for community members to seek information from the city (example: following or looking up City social media pages), it is our duty to recognize when it will be necessary to proactively reach out to the community by using communications avenues that directly target the groups that may be most impacted by the decisions being made as a part of the engagement process (example: receiving a direct email about an opportunity to give input on a project of interest.) Bolstering current communications tools As the City continues to prioritize community engagement, there remains a continued need to apply the same guiding principles to how the city does communications. Knowing that, there are spaces where the city can continue to innovate, adapt, and improve it’s existing tools to reach a broader and more representative group of Bozeman community members. 146 City of Bozeman | Community Engagement Initiative 13 How do we do Community Engagement? Using IAP2’s framework, we are in the early stages of establishing our process and building our capacity to plan for and implement community engagement efforts as a part of City projects. The following enumerates our process for planning community engagement efforts: 1. Project planning: As City projects are planned for, project teams consider which decisions have already been made, which decisions could benefit from community input, the potential impacts on the public, timeline, and anticipated level of public interest in their projects. These factors help determine the level of communications and engagement needed for a given project. 2. Create a Community Engagement Plan: A Community Engagement Plan outlines key roles, stakeholders, decisions to be made, engagement level, resources needed, and a schedule for engagement. Project teams work with the City’s internal Community Engagement Team throughout the planning process to ensure that engagement processes are thoughtful, effective, and inclusive. 3. Engage Bozeman!: Project team leads community engagement efforts in coordination with staff and consultants. This includes utilizing appropriate tools and techniques to facilitate engagement with the public. Community members participate in engagement opportunities and share their input with the project team. 4. Make the decision: Input is compiled and provided to decision makers. Decision makers use public input as determined by the level of engagement to make better decisions. 5. Follow up: Staff inform the community of how their input influenced the outcomes and decisions made. 6. Reflect and Evaluate: Staff gather feedback from those who participated on successes, challenges, and ways to improve the engagement process. JUST ASK! We heard encouragement from stakeholders to ask participants what worked and what didn’t as a follow-up to engagement efforts. Work with trusted community members to develop engagement activities that will be meaningful and effective for the folks you’re seeking input from. “Ask us! If we are in on something from inception, we can help make that better for everyone.” COMMUNITYENGAGEMENTLIFE CYCLE Createcommunityengagementplan Decision makersmake decisionInform thepublic on howinput influencedthe decision Reflect &evaluateeectivenessof engagement process City plans for future projects EngageBozeman! The graphic above shows an example of how the engagement process works as a cycle to continuously improve and evolve through each project. 147 City of Bozeman | Community Engagement Initiative 14 What’s Next? Building Internal Capacity BUILD ON LESSONS LEARNED Develop ways to measure the success and efficacy of community engagement efforts and set realistic goals according to capacity and resources. “Set attainable benchmarks for who you are trying to reach, and communicate the intent in reaching out to people of a certain income, race, or ethnicity.” “Set expectations and be clear about what the City can do with the staff and resources you have.” r Continue staff training: City staff will continue to receive training from IAP2 on community engagement planning and techniques. Over the next year, we hope to have 15 staff across City departments certified through the IAP2 Foundations course. Additionally, we will continue to provide internal staff trainings on our approach as well as in meeting facilitation and engagement techniques. r Grow the Community Engagement Team: Bring in additional team members across City departments to provide technical support and advise project leads. r Provide technical assistance: Throughout summer 2020, our community engagement approach, definitions, and community engagement planning tools have been presented across City departments to directors, managers, and staff. Several departments have piloted the community engagement planning process and contributed to its ongoing development. r Develop new tools and techniques: Explore and pilot diverse and accessible approaches to community engagement. We will continue to draw upon the experiences and expertise of peer communities in community engagement best practices. Measuring Our Efforts Tracking the success of our efforts is an ongoing process that will occur as we build internal capacity and implement engagement plans out in our community. Tracking progress in the following areas can help guide where we invest time and resources to support community engagement efforts at the City of Bozeman. r Develop and distribute post-engagement polls to measure stakeholder satisfaction with the community engagement process and representation of demographics in participation events and activities r Track completion and implementation of Community Engagement Plans • Track number of plans per Fiscal Year • Track number of events hosted • Track attendance at events for each project r Track internal training: • Deliver quarterly trainings to staff on planning and techniques for community engagement • Track number of staff who have received training across City departments 148 Find more information on the Engage Bozeman initiative at www.bozeman.net/engage Community Engagement | April 2021 This effort is supported by: City Manager’s Office Communications Neighborhoods 149 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Parking Program Manager Brit Fontenot, Economic Development Director SUBJECT:Parking Work Session MEETING DATE:April 27, 2021 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Discussion STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND: Due to the COVID-19 pandemic and Parking Commission and Staff turnover, momentum to complete the remaining tasks stalled out in recent months. Additionally, the approval of Ordinance 2033—Creation of Parking Benefit Zones was prolonged. During an August Commission meeting, City Commissioners instructed staff to conduct a community engagement effort to better understand residents, customers, employees, and business owners perspectives on the City’s parking management efforts. UNRESOLVED ISSUES:No unresolved issues. ALTERNATIVES:No alternatives. FISCAL EFFECTS:No fiscal effects. Attachments: City Commission Parking Engagement Memo April 27.doc Report compiled on: April 15, 2021 150 Page 1 of 26 MEMORANDUM REPORT TO:Bozeman City Commission FROM:Mike Veselik, Interim Parking Manager Dani Hess, Neighborhoods Program Coordinator RE:Downtown Strategic Parking Management Plan Update and Parking Commission Work Session MEETING DATE:April 27, 2021 AGENDA ITEM: Work Session RECOMMENDATION: Discuss, modify, and/or endorse the Parking Commission’s 2021 work plan as adopted by the Parking Commission with engagement from resident and business owner. In 2016, the City of Bozeman Parking Commission and City Commission adopted the Downtown Strategic Parking Management Plan to guide long-term decisions and planning for the City’s parking program. The plan has 26 recommended strategies for implementation. Many of these strategies have already been completed. However, several are still outstanding. Due to the COVID-19 pandemic and Parking Commission and Staff turnover, momentum to complete the remaining tasks stalled out in recent months. Additionally, the approval of Ordinance 2033—Creation of Parking Benefit Zones was prolonged. During an August Commission meeting, City Commissioners instructed staff to conduct a community engagement effort to better understand residents, customers, employees, and business owners perspectives on the City’s parking management efforts. City staff enlisted the help of Rick Williams Consulting and Bridge Economic Development to conduct the engagement. Rick Williams is an expert in the parking management field and has served as a consultant to the City on past efforts. With the help of Rick Williams and Alisa Pyszka, staff developed a parking handbook and hosted three community sessions to discuss values for parking and two sessions to discuss solutions. The sessions were divided by parking districts with two focusing on the University Residential Parking Permit District (RPPD) and three on the downtown business district and surrounding neighborhoods. 151 Page 2 of 26 Upon completion of these sessions, Rick Williams Consulting delivered an in-depth report for both the RPPD and the downtown neighborhoods reflecting what we heard from neighbors, proposed solutions, and their feedback to those solutions. The reports can be found in APPENDIX I and APPENDIX II. At the April Bozeman Parking Commission Meeting, Commissioners considered the Community Engagement reports, examined the strategies remaining for the Downtown Strategic Parking Management Plan, and developed a work plan for the Parking Services program for the next 18 months. The completed work plan can be found in APPENDIX III. Goals of the Work Session Consider the proposed work plan. Commissioners will decide whether or not they endorse the work plan. Commissioners should consider the work plan’s alignment with the Strategic Plan, the Climate Plan, the Community Plan, and other adopted plans. 152 Page 3 of 26 APPENDIX I RESIDENTIAL PARKING PERMIT DISTRICT (RPPD) Parking Management Recommendations April 2021 153 Page 4 of 26 Prepared By: 154 Page 5 of 26 BACKGROUND In January and early February of 2021, the City of Bozeman Economic Development Department hosted a series of community engagement meetings to build trust between the City and residents, increase utilization of the Residential Parking Permit Districts (RPPD), and surface any challenges the stakeholders are experiencing. The engagement session was undertaken at the direction of both the Bozeman City Commission and the Parking Commission. Purpose and Approach Parking management is a complex, and sometimes emotional, area of focus that must address numerous interests and perspectives. The purpose of the engagement process was to inform all stakeholders as to intent and desired outcomes of parking management in residential neighborhoods, provide a space beyond the public meeting format for the community to engage with staff, Parking Commissioners, and neighbors to learn and problem solve about RPPD issues. To accomplish this, two meetings for residents of the RPPDs were held. The first meeting established a common understanding of Values and Guiding Principles that define the desired outcome of parking management in residential neighborhoods. This established the framework for discussion in 30-minute small breakout sessions to compile community feedback, which was reported back to the entire group. Information from this feedback shaped the key findings, and corresponding recommended solutions that were presented at the second meeting. Meetings were held: January 28, 2021 -Values and Guiding Principles March 3, 2021 – Recommended Solutions This report summarizes information presented at these meetings with residential stakeholders. It also outlines the key challenges and concerns expressed by participants regarding the existing RPPD program format. Additionally, it documents solutions recommended by the consultant team to address concerns that were expressed and to serve as an action plan for staff and the community to move forward. 155 Page 6 of 26 Parking Handbook At the outset of the engagement process, the Bozeman Parking Handbook was created to serve as a guide to document and communicate the community foundation, intention and desired outcomes of parking policies. The Handbook will help facilitate decisions for future parking management policies that will help achieve the desired values for the community. VALUES AND GUIDING PRINCIPLES Parking management entails far more than simply providing access to a parking stall. It is a comprehensive system that integrates alternative modes of transportation (e.g., transit, biking, walking, ride-share) to maximize opportunities for people to efficiently access different locations across the city. How this system is implemented, and where investments are made, depends on a city’s set of Values for managing growth and Guiding Principles that clearly state desired outcomes for managing parking and transportation access, in residential neighborhoods and commercial areas. The intent for both Values and Guiding Principles is to establish a basis for consensus and provide the City an evaluative filter for decision-making; ensuring that recommended actions and implementation of City plans are shaped by adopted policy and best practices. City Values and Guiding Principles for parking management were presented and discussed with stakeholders at the first RPPD public engagement session on January 28, 2021. These are listed below. Values The following values prioritize outcomes for future city development in alignment with the City Commission Strategic Plan adopted in 2018. A more detailed explanation of these values and specific alignment with the Strategic Plan is provided in the Parking Handbook. ENVIRONMENT Address City Climate Goals – Provide diverse transportation options (e.g., walk, bike, bus, remote work, rideshare) to reduce climate impacts. Prevent Sprawl - Use land more efficiently to reduce over-building roads, infrastructure, and parking surfaces. Build a Healthy Environment – Encourage walkable development patterns. 156 Page 7 of 26 COMMUNITY Accessible Neighborhoods –Residents should be able to park on their street and have guests easily visit. Strong Local Businesses - Businesses should have parking accessible to customers in order to thrive. CIVIC RESPONSIBILITY Public Fiscal Responsibility – Cover the costs of programs and services with appropriate fees. Community Engagement – The city will employ transparent, upfront, clear communication to gather input from the public to help shape policy. Equity – Public policy should strive to eliminate negative impacts on those least able to bear costs. Guiding Principles Parking management is intended to maximize public investments in infrastructure that align with the established values. The following Guiding Principles for managing the public supply of parking are reflective of priorities established in the Downtown Strategic Parking Management Plan that was adopted in 2016. A more detailed explanation of these Guiding Principles is also provided in the Parking Handbook. 1)Neighborhoods –The City will ensure adequate parking for residents and guests in neighborhoods 2)Downtown –The City will ensure adequate parking for customers and visitors downtown 3)Role of Private Sector –The private sector (developers and employers) is primarily responsible for providing employee parking. 4)Decision-Making – Objective and publicly available data and performance measures will determine when new types of management or construction of additional supply is needed. 5)Efficiency - Unlock existing parking supply and promote use of alternative modes of transportation. Create capacity through strategic management of existing supply (public and private), reasonable enforcement, and integrating parking with alternative modes. The efficient use of parking is encouraged by “unlocking” supply. The amount of available supply is determined by two 157 Page 8 of 26 factors 1) measuring performance of the existing parking supply through objective data collection, and 2) evaluating demand against an occupancy standard determined by neighborhoods and the Parking Commission that reflects the character of the neighborhood. This allows some areas to maximize the use of parking areas, while others will retain more vacancies. On-street parking is a finite supply. By maximizing the use of the supply, it reduces the need to build more stalls within the overall system. RPPD STAKEHOLDER CHALLENGES AND DESIRED OUTCOMES Information derived from the January 28, 2021 breakout sessions was consolidated into several key themes that were consistently expressed by stakeholder participants. The City believes that this community input reflects important issues for consideration in managing the RPPD. Below, these themes are summarized. Each theme is accompanied with a brief descriptive narrative to better clarify each challenge. These challenges and desired outcomes shape the recommended solutions outlined later in the Section - RPPD Recommended Solutions. The following key findings and recommended solutions were presented at the March 3, 2021 RPPD neighborhood stakeholder meeting. Solutions were crafted to address specific concerns and challenges derived from the community feedback gathered during the meeting on January 28, 2021. These priorities reflect important issues for consideration in managing the RPPD. There were several consistent themes heard from neighbors as to currently perceived challenges inherent to the existing RPPD program format. These challenges and desired outcomes shape the recommended solutions outlined later in the Section - RPPD Recommended Solutions. Visitor Pass Process is Challenging – Simplify and streamline the process to access visitor passes. 158 Page 9 of 26 Transparent Fees – Current permit fees include the cost of citation labor without the benefit of citation revenue. This may create higher annual permit costs. Consistent Enforcement – Not clear when enforcement patrols the neighborhood and how recurrent issues are addressed. MSU Factor – Fraternity/sorority houses may foster long-term parking on street and game day parking can be an issue. “Efficiency” Guiding Principle: Residents of the MSU RPPD expressed concern around and resistance to unlocking existing supply. Residents of the BHS RPPD shared anecdotes of underutilized supply. There is significant variation within both RPPDs of areas with availability of and lack of parking supply. Safety – Include Safety as a Value/Guiding Principle in considering parking management solutions with the following recommended language: Parking Systems will be Safe - The on- and off-street public parking systems and related programs will be managed to be safe, reliable, user-friendly, and attractive. They will complement the quality of the areas/districts they serve for visitors, residents and employees. Safety involves effective coordination of enforcement, lighting, secure linkages between destinations and quality infrastructure (on-street, in lots, garages and alternative modes). RPPD POTENTIAL CONFLICTS WITH CURRENT CITY VALUES AND PARKING MANAGEMENT PRINCIPLES The existing format of the MSU and BHS RPPD's creates conflicts with city Values and Guiding Principles (as summarized above). The City recognizes that the two existing RPPD's were established before adoption of the 2016 Downtown Strategic Parking Plan and the 2018 City Commission Strategic Plan. To this end, the City wants to address the community concerns stated above in the existing RPPD's and 159 Page 10 of 26 ensure that moving forward, future RPPD's are managed more in accordance with current City policy. Areas where the current RPPD format conflict with current values and principles are summarized below. These conflicts were presented to participants in both the January and March 2021 public engagement meetings. Further clarification of these issues is below. Exclusive use of public right of way - The current RPPD program format only allows residents, home offices, and guests to park on the public right-of-way. This prohibits non-residents from parking within the RPPD boundaries. This is a format that does not conform to industry best practices for use of the public right-of-way within a residential permit district. Best practice protocol would be to (a) prioritize use of residential right-of-way for residents and their guests, then (b) manage that priority through use of residential tenant/guest permits and time limited parking (e.g., 2 Hours). Time limited parking would serve to discourage overspill of employees from adjacent commercial areas but allow resident and non-resident visitors access to unused supply (simplifying resident guest pass need to only long- term stays). Equitable use of a public asset – The current RPPD format essentially treats the public right-of-way as a private street, which is not the case within any other residential neighborhoods or managed parking area in Bozeman (or most cities nationally). City codes can identify priority users within a public-right-of way (e.g., transit lanes and stops, bike facilities, short versus long-term parking, etc.) but should not prevent use of any underused supply to the general public. Priority parking within public assets should be managed rather than reserved. Maximizing public supply -A key goal of the strategic parking plan is to efficiently manage the public parking supply. The exclusive use provision of the existing RPPD conflicts with this goal. Like a reserved parking stall within a parking garage, which sits unused if the reserved permit holder is not parking, it creates significant inefficiencies in the supply, encourages overbuilding parking and auto use1, and denies access to other users. 1 Exclusive use encourages driving given that as the stall is "reserved" there is no need to consider other modes of access. 160 Page 11 of 26 Financial viability –The city's goals and principles for parking call for systems that are financially self-supporting. Exclusive use provisions within parking systems reduce the ability to provide (and sell) parking based on best practices for managing demand. As with maximizing the public supply, financial viability goals result in increased revenue, better integration with alternative modes, and an overall reduction in the amount of parking built over time. Also, in situations of exclusive use (as in the example of reserved parking in a private garage) costs are usually higher to the user as they are expected to pay a premium for the benefit of exclusivity. This is not the case within the current RPPD format, nor the desired outcome expressed by the community. RPPD RECOMMENDED SOLUTIONS The following solutions were presented at the March 3, 2021 RPPD neighborhood stakeholder meeting. Solutions were crafted to address specific concerns and challenges derived from the community feedback gathered during the meeting on January 28, 2021. Solutions are provided in an Immediate/Short-term (6 – 12 months) and Mid-term format (12 – 24 months) implementation format. Those charged with leading these efforts is provided under the column "determination to proceed." Immediate/Short- term solutions address actions that require minimal (if any) funding, presenting quick and timely solutions to some commonly expressed community concerns. Mid- term solutions will require additional time and funding and address concerns that will result in better efforts at longer term community discussion, planning and decision-making. Immediate/Short-Term: 6-12 months Topic Description Determination to Proceed Recognize the Value of Safety Update Parking Handbook with a new Guiding Principle pertaining to safety with language provided in RPPD Stakeholder Challenges above. Report back to community on process and completion. Staff Visitor Pass Create a neighborhood focus group to design an improved online visitor pass system. Evaluate options that include both on-line and other format solutions. Examine and document current flaws, evaluate capacity for changes in administrative workflow and costs to potential options. Staff 161 Page 12 of 26 Consistency in Enforcement Improve communication from city on enforcement schedule, and responsibilities. Staff Permit Fee Transparency Remove consideration of both citation labor cost and revenue from permit fee amount. Only charge a fee amount for the direct administration cost of managing and monitoring permit system. All future parking citation labor and revenues will be accounted for in a separate cost center independent of parking management operations. Parking Commission New Residential Parking Districts The existing RPPD program should not be expanded as it conflicts with city values/guiding principles. If new residential parking management districts are desired, they should be implemented under the Parking Benefit Zone (PBZ) code. Residents/Parking Commission Medium-Term: 12 - 24 months Topic Description Determination to Proceed Neighborhood support and funding Members of the Inter-neighborhood Council (INC), University Neighborhood Association, Cooper Park Neighborhood Association, and Midtown Neighborhood Association should present the request for additional commitment of staff time and resources to a specific area in the city with exclusive use of a public asset. Secure commitment from neighborhood leadership that additional cost of data collection will be applied to permit fee cost. Parking Commission and Neighborhood leadership Collaborate with MSU Work with MSU Parking Services, INC Leadership, sororities and fraternities to develop collaborative and realistic solutions to parking issues in the RPPDs. Staff Collect Data Develop success metrics and collaboratively collect data within the RPPD and with MSU Staff Implement Holistic Management Solutions with MSU City staff develops solutions based on data that achieves desired outcomes. With data evaluate potential benefits of strategies that might include varied/graduated permit fees for multiple-permit dwellings, game day/event management, and abandoned vehicles. Implementation approved by Parking Commission. Parking Commission 162 Page 13 of 26 SUMMARY Community stakeholders from existing RPPD neighborhoods provided valuable insights into challenges that they view within the current RPPD format. There was an overall general support for both the City's Values and its Guiding Principles for parking management. There was also strong support for the current operating format of RPPD's (i.e., exclusive use) and equally strong opinions regarding the need for transparency in the program, keeping costs affordable and using data to address on-going management and decision-making. Equally important was the City's continued support of its values and the City's goals related to the equitable use of public assets, maximizing use of its public supply, and financial viability. The solutions offered here provide a means to both improve the existing RPPD format (recognizing the unique factors that led to their establishment before adoption of the 2016 Downtown Parking Strategic Plan and the 2018 City Commission Strategic Plan) and assure that new residential permit districts will follow the Parking Benefit Zone format for residential permit districts recently adopted into the City Code. On-going communications between the City and stakeholders, and a commitment to data, will facilitate transparency and sound decision-making. 163 Page 14 of 26 APPENDIX II DOWNTOWN/PARKING BENEFIT DISTRICT (PBZ) Parking Management Recommendations April 2021 164 Page 15 of 26 Prepared By: 165 Page 16 of 26 BACKGROUND In January and early February of 2021, the City of Bozeman Economic Development Department hosted a series of community engagement meetings to build trust between the city and residents, and to solicit input from stakeholders on the remaining strategies of the 2016 Downtown Strategic Parking Management Plan and recently approved Parking Benefit Zone (PBZ), which is adjacent to downtown. Also, staff hoped to surface any additional parking management challenges the stakeholders are experiencing. The engagement sessions were was undertaken at the direction of both the Bozeman City Commission and the Parking Commission. Purpose and Approach Parking management is a complex, and sometimes emotional, area of focus that must address numerous interests and perspectives. The purpose of the engagement process was to inform all stakeholders as to intent and desired outcomes of parking management, while ensuring that the strategies used to reach those outcomes are informed by best practices and community input. To accomplish this, two meetings for the Downtown/PBZ were held. The first meeting established a common understanding of Values and Guiding Principles that define the desired outcome of parking management. This objective information established the framework for discussion in 30-minute small breakout sessions to compile community feedback, which was reported back to the entire group. This information shaped the key findings, and corresponding recommended solutions, that were presented at the second meeting for each focus area. Meetings specific to the Downtown and PBZ discussions were conducted on the following dates. Because similar themes and challenges were raised in the first two meetings it was decided that one Recommended Solutions meeting pertaining to both programs would be most efficient and informative. January 28, 2021 -Values and Guiding Principles (PBZ) February 3, 2021 -Values and Guiding Principles (Downtown) March 8, 2021 – Recommended Solutions (Combined Downtown and PBZ) This document summarizes information presented at these meetings with stakeholders as well as the key challenges and concerns expressed by participants regarding the existing Downtown and PBZ program format. Additionally, it documents the recommended solutions from the consultant team to address 166 Page 17 of 26 expressed concerns and serves as an action plan for staff and the community to move forward. Parking Handbook At the outset of the engagement process, the Bozeman Parking Handbook was created to serve as a guide to document and communicate the community foundation, intention and desired outcomes of parking policies. The Handbook will help facilitate decisions for future parking management policies that will help achieve the desired values for the community. VALUES AND GUIDING PRINCIPLES Parking management entails far more than simply providing access to a parking stall. It is a comprehensive system that integrates alternative modes of transportation (e.g. transit, biking, walking, ride-share) to maximize opportunities for people to efficiently access different locations across the city. How this system is implemented, and where investments are made, depends on a city’s set of Values for managing growth and Guiding Principles that clearly state desired outcomes for managing parking and transportation access; in residential neighborhoods and in commercial areas. The intent for both Values and Guiding Principles is to establish a basis for consensus and provide the city an evaluative filter for decision-making; ensuring that recommended actions and implementation of city plans are shaped by adopted policy and best practices. City Values and Guiding Principles for parking management were presented and discussed with stakeholders at the first public engagement sessions on January 28 and February 3, 2021. These are listed below. Values The following values prioritize outcomes for future city development in alignment with the city Commission Strategic Plan adopted in 2018. A more detailed explanation of these values and specific alignment with the Strategic Plan is provided in the Parking Handbook. ENVIRONMENT Address City Climate Goals – Provide diverse transportation options (e.g. walk, bike, bus, remote work, rideshare) to reduce climate impacts. 167 Page 18 of 26 Prevent Sprawl - Use land more efficiently to reduce over-building roads, infrastructure, and parking surfaces. Build a Healthy Environment – Encourage walkable development patterns. COMMUNITY Accessible Neighborhoods –Residents should be able to park on their street and have guests easily visit. Strong Local Businesses - Businesses should have parking accessible to customers in order to thrive. CIVIC RESPONSIBILITY Public Fiscal Responsibility – Cover the costs of programs and services with appropriate fees. Community Engagement – The city will employ transparent, upfront, clear communication to gather input from the public to help shape policy. Equity – Public policy should strive to eliminate negative impacts on those least able to bear costs. Guiding Principles Parking management is intended to maximize public investments in infrastructure that align with the established values. The following Guiding Principles for managing the public supply of parking are reflective of priorities established in the Downtown Strategic Parking Management Plan that was adopted in 2016. A more detailed explanation of these Guiding Principles is also provided in the Parking Handbook. 1)Neighborhoods –The city will ensure adequate parking for residents and guests in neighborhoods 2)Downtown –The city will ensure adequate parking for customers and visitors downtown 3)Role of Private Sector –The private sector (developers and employers) is primarily responsible for providing employee parking. 4)Decision-Making – Objective and publicly available data and performance measures will determine when new types of management or construction of additional supply is needed. 5)Efficiency -Unlock existing parking supply and promote use of alternative modes of transportation. Create capacity through strategic management of 168 Page 19 of 26 existing supply (public and private), reasonable enforcement, and integrating parking with alternative modes. The amount of available supply is determined by two factors 1) measuring performance of the existing parking supply through objective data collection, and 2) evaluating demand against an occupancy standard determined by neighborhoods and the Parking Commission that reflects the character of the neighborhood. This allows some areas to maximize the use of parking areas, while others will retain more vacancies. On-street parking is a finite supply. By maximizing the use of the supply, it reduces the need to build more stalls within the overall system. Information derived from the January 28 and February 3, 2021 breakout sessions was consolidated into several key themes that were consistently expressed by stakeholder participants. The city believes that this community input reflects important issues for consideration in managing the Downtown and PBZ districts. The following key findings and recommended solutions were presented at the March 8, 2021 Downtown/PBZ stakeholder meeting. Solutions were crafted to address specific concerns and challenges derived from the community feedback gathered during the initial meetings on January 28 and February 3, 2021. There were several consistent themes heard from stakeholders as to currently perceived challenges inherent to the existing format. These challenges and desired outcomes shape the recommended solutions outlined later in the Section – DOWNTOWN/PBZ RECOMMENDED SOLUTIONS. Invest in Values – The city should invest in alternative transportation modes, but there is skepticism that this value is not evident in practice. Stakeholders were supportive of the beneficial relationship between parking management and alternative modes and are uncomfortable moving forward with some solutions (e.g., paid on-street parking) without more commitment to planning and budgeting for transit, biking, ridesharing, and other alternative modes. Data – Concern that implementation of the 2016 Downtown Strategic Parking Management Plan by staff and Parking Commission is not based on clear, objective and up-to-date data. Stakeholders see the benefit to transparency that routine 169 Page 20 of 26 monitoring of best practice performance metrics can bring to discussing (with the community) and implementing key recommendations within the 2016 Plan. Prioritize Residential Parking – There was support for, and skepticism of, the Parking Benefit Zone (PBZ) concept as a potential solution for managing parking in residential areas within the new PBZ boundary. For stakeholders, the city must demonstrate commitment to manage to the priority (residential parking) and mitigate potential spillover issues from downtown employees in the B-3 zone. The city must demonstrate that the PBZ program intent is not a tool to allow new development to avoid parking code requirements at the expense of neighborhood livability and congestion. Data and on-going collaboration between the Parking Commission and affected neighborhoods will be important elements for addressing these concerns. Prioritize On-Street Customer Parking – Stakeholders support the Guiding Principle that prioritizes on-street parking in the downtown for customer access, underscoring the importance of customer traffic to business (and downtown) vitality. There is concern regarding how the city defines "adequate parking" as well as the process for implementing changes or for the possible transition to paid parking. Data, transparency, and outreach/education need to be a part of the solution for managing the on-street system. Manage Employee Parking – Concern was expressed about use of the on-street system by employees, which conflicts with customer need. Concern was also expressed that employees need reasonable options, in the public supply, the private supply and for alternative modes (e.g., transit, bike, walk, shared parking agreements, monthly permit parking in the garage). Addressing and balancing this concern needs to be strategic; through an exploration of shared use options, education and data. DOWNTOWN/PBZ POTENTIAL CONFLICTS WITH CURRENT CITY VALUES AND PARKING MANAGEMENT PRINCIPLES The city wants to address the community concerns stated above and ensure that moving forward, the downtown and PBZ's are managed and aligned with current 170 Page 21 of 26 city policy. Key city policies that may challenge concerns expressed by stakeholders include paid parking, new supply, and spillover of downtown demand into neighborhoods These potential conflicts were presented to participants in the February and March 2021 public engagement meetings. It is the intent of the solutions section proposed below that concerns can be addressed effectively, and City policy can remain consistent and forward moving. Specific City values and principles are clarified further below. Manage On-Street Supply (Curb Space) More Efficiently The city's goal is to maximize use of curb space in a manner that preserves on street parking for customers and visitors, provides other options for employees, and mitigates spillover into neighborhoods. The primary desired outcome is to maximize the cost effectiveness of city investment is in the parking supply. Elements that would drive this goal include better data, outreach and education, and coordinated use of PBZ's to manage downtown spillover into neighborhoods and "unlock" underutilized existing supply as appropriate. Similarly, strategies that could transition more parking areas to paid parking are key elements in the city's parking toolbox; that need to be evaluated and implemented strategically, equitably, and transparently. Manage Off-Street Public Supply More Efficiently Building new supply is very expensive and the use of public dollars for parking needs to be leveraged within the context of long-term priorities for use of the public supply to serve visitors. Similarly, there will need to be greater reliance and investment in non-auto mode options for users. Parking cannot be the only access solution for Bozeman. To this end, the City will manage its existing off-street supply (i.e., the Bridger Parking Garage and public lots) to their highest and best use and in a manner that is flexible to how demand for parking changes over time (hourly, daily, and seasonally). Ultimately, new public supply will be influenced by growing visitor parking demand. 171 Page 22 of 26 DOWNTOWN/PBZ RECOMMENDED SOLUTIONS The following solutions were presented at the March 8, 2021 RPPD neighborhood stakeholder meeting. Solutions were crafted to address specific concerns and challenges derived from the community feedback gathered during the meeting on January 28 and February 3, 2021. Solutions are provided in an Immediate/Short-term (6 – 12 months) and Mid-term format (12 – 24 months) implementation format. Those charged with leading these efforts is provided under the column "determination to proceed." Immediate/Short- term solutions address actions that require minimal to moderate funding, presenting quick and timely solutions to some commonly expressed community concerns. Mid-term solutions will require additional time and higher levels of funding and longer-term community discussion, planning and decision-making. 172 Page 23 of 26 Immediate/Short-Term: 6-12 months Topic Description Determination to Proceed Demonstrate an Investment in Values: Integrate parking management into broader transportation planning to improve access via all modes to downtown. Communicate existing investment in alternative modes (transit, bike/ped projects in CIP, major road projects) City Management, Public Works, Finance and Economic Development Staff Demonstrate commitment to the City’s values of alternative modes and sustainability by budgeting for alternative modes of transportation. City Management, Public Works, Finance, Economic Development Staff – Parking Commission and City Commission Collect Data Commit to key performance metrics and a collection methodology. Commit to scheduled routine collection that is transparent with the public. Refresh and compare collected data with baseline to ground and inform decisions. Parking Services and Strategic Services, specifically GIS Manage Employee Parking Identify Employee Parking Opportunities – Clearly identify employee access opportunities that include parking and alternative modes. Recognize that they need to drive due to affordable housing issues that won’t let them live nearby and walk or bike (parking equity). Parking Services and Downtown Bozeman Partnership Communication/Education – Through a partnership with the downtown association and business champions, educate business owners and employees regarding the importance of customer parking and provide alternative parking options through shared use of private lots and garage permits. Parking Services and Downtown Bozeman Partnership 173 Page 24 of 26 Medium-Term: 12 months – 3 years Topic Description Determination to Proceed Prioritize On-Street Parking for Visitors and Customers When all the following conditions exist, then paid on-street parking will be considered: •Employer and employee education and outreach is not sufficient to open up on-street parking for visitors and customers •Occupancy data determines that parking demand is in excess of an established threshold (e.g., over 85% of the parking supply is occupied for extended periods) •Parking data determines that turnover is frequent enough to accommodate for the cost of implementing a paid on-street parking system Parking Commission Protect Residential Parking in Neighborhoods If residents support it, and supply occupancy data warrants it, the Parking Commission may propose the creation of a PBZ. If created, determine a minimum block area to protect resident access to on-street parking Neighborhood Residents and Parking Commission Maximize Use of Public off-street supply (Bridger Garage and City Lots) Continue to manage demand to the highest and best use of existing off-street public parking supply based on data. Parking Services Communicate and educate the public to: •Create an objective understanding on current garage/lot utilization •Maximize the utilization of the City's off-street supply 24/7 •Convey that the ultimate long-term intent for use of the City's off-street supply is to prioritize and ensure customer & visitor parking (i.e., "the full sign never goes up.") Parking Services Explore Funding Options for Future Visitor Supply Determine Need - Based on data, determine the need to build or invest in new visitor parking supply. Parking Services Determine Funding - If determined necessary, a new 330 stall garage would cost approximately $15 - $18M. Define a strategic package of funding options (e.g., TIF, land donation, facility operating revenues, paid on-street fees, Special Improvement District). Other options for expanding supply include adding an additional deck to the existing parking structure ($4 -$6M) Parking Commission and City Commission 174 Page 25 of 26 SUMMARY Community stakeholders provided valuable insights into the challenges they see for managing parking in the downtown and in potential residential permit programs within the new Parking Benefit Zone (PBZ) boundary. There was support for both the city's Values and its Guiding Principles for parking management. Vital neighborhoods and a thriving downtown are common visions shared by all participants. The most significant underlying concern seems to be transparency in decision making and trust between the public, Parking Commission and staff. Solutions offered by the consultant are directly tied to addressing this concern, through commitment to providing access to downtown via multiple modes, collaboration with downtown stakeholders, and clear measures (both parking and other modes) which includes outreach, collaboration and education, and clear measures of system performance to inform the implementation of strategies. Equally important was the city's continued support of the values and goals contained in the 2016 Downtown Strategic Parking Management Plan related to its role in parking, priority users in the public supply, maximizing existing parking supply, and data collection. The solutions offered here provide a means to both improve parking downtown and in adjacent neighborhoods. They also directly address concerns expressed by stakeholders; providing a sequence of actions that safeguard businesses, residents and users' access to information and options to get to, and use, downtown. As with any plan, on-going communications and collaboration between the city and stakeholders, and a commitment to data, will facilitate transparency and sound decision-making. Parking is, and will likely continue to be, an emotional and controversial issue – in Bozeman and in other cities around the country. In parking, it has been found that the inevitable outcome of growth is change. Recognizing this reality and commitment to a plan that strategically anticipates change, with objective information (data) and realistic and equitable solutions, is the key to whether a city falls behind or leverages change to the advantage of business vitality and neighborhood livability. 175 Page 26 of 26 APPENDIX III PARKING PROGRAM WORK PLAN The Bozeman Parking Commission met on April 8, 2021 to discuss the results of the community engagement session, examine the outstanding items from the 2016 Downtown Strategic Parking Management Plan, and set a work plan for the coming 18 months. Commissioners identified five sub categories that plan items fell into. Below is a breakdown of categories and tasks to complete. 1. Data and Research a. Develop a regular schedule of data collection i. Determine questions to be asked of the data b. Look at our technological capacity c. Explore options for multimodal transportation 2. Fiduciary a. New budgeting for the Residential Parking Permit District b. Funding for a garage i. Does lack of supply stop customers from coming downtown? ii. Is a Special Improvement District an option for funding a new garage? 3. Policy a. Explore on-street pricing i. Does charging for parking keep customers away? ii. Can it expand access to premium parking spots? iii. Premium parking is currently oversubscribed b. Evaluate code-based parking minimums as they apply to shared-use agreements (Requires data collections) i. Work to resolve SID 565 ghost spaces c. Visitor Permits in the RPPD d. Necessity of the High School District 4. Multimodal Options a. Explore circulator shuttle with Downtown—Midtown—Cannery Stops b. Bike Parking in garage and city lots 5. Capacity a. Unlock private supply through shared use agreements i. Nighttime and Weekend Parking b. New Garage Construction i. Where would it go? ii. Is a new deck on the garage an option? c.Employee permits for the garage 176