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
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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)
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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.
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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
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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.
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Attachments:
GriffinManley_Notice_of_Award.pdf
GriffinManley_Bid_Recommendation_040921.pdf
Report compiled on: April 15, 2021
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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
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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.
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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
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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
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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
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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
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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
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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
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Report compiled on: April 16, 2021
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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.
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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
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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
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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-
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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.
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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
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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
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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.
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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.
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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 ****
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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
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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
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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
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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 ****
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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
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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.
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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
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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
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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
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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
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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,
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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’”
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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
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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
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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.
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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.
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APPENDIX I
RESIDENTIAL PARKING PERMIT DISTRICT
(RPPD)
Parking Management Recommendations
April 2021
153
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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APPENDIX II
DOWNTOWN/PARKING BENEFIT DISTRICT (PBZ)
Parking Management Recommendations
April 2021
164
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Prepared By:
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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