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Home My WebLink About08-10-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Via WebEx B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Approval of Minutes F.1 Approve the Regular Meeting Minutes From - February 24, 2020 June 8, 2021 June 15, 2021 June 22, 2021 July 13, 2021 July 20, 2021 July 27, 2021(Maas) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, August 10, 2021 This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e0c1acd3253d3e6ff83caaa74ed28e0c9 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream or channel 190 United States Toll +1-650-479-3208 Access code: 182 020 5436 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.Consent G.1 Approval of Depository Bonds and Pledged Securities as of June 30, 2021 (Donald) G.2 Authorize the Mayor to Sign a Findings of Fact and Order for the Eastlake Professional Center Preliminary Plat, Application 21016(Miller) G.3 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement, Public Street and Utility Easement, Public Park Easement, Public Trail Corridor Easement and an Irrevocable Offer of Dedication with Graf Apartments, LLC for the Graf Street Apartments Master Site Plan (19308 and 19309)(Lehigh) G.4 Authorize the City Manager to Sign a Memorandum of Agreement with Gallatin County and City of Belgrade for the Purpose of Funding a Feasibility Study Concerning Regional Water and Wastewater Solutions for the Gallatin Valley(Heaston) G.5 Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for the Lyman Creek Reservoir and Transmission Main Project ARPA Competitive Grant Application(Heaston) G.6 Authorize the City Manager to Sign a Professional Services Agreement with Walker Consultants to Conduct a Downtown Parking Occupancy Study(Veselik) G.7 Authorize the City Manager to Sign a Contract Agreement with Precision Concrete Cutting to Provide Sidewalk Grinding Services(Gamradt) H.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. I.Special Presentation I.1 Fourth Quarterly Report on Bozeman as an Inclusive City (Mihelich ) J.Action Items J.1 Ordinance 2085 Provisional Adoption of Board Consolidation and Accompanying Resolutions 5326, 5327, 5328, 5329, and 5330 Approving and Establishing the Transportation Board, the Sustainability Board, the Urban Parks and Forestry Board, the Economic Vitality Board, and the Community Development Board(Mihelich) J.2 Resolution 5323 Establishing Standards for the Recruitment and Selection of Board Members, Establishing Standards for Communication, and Establishing Expectations, Duties, and Norms of Behavior for all City Boards, Commissions, Agencies, and Committees(Maas) 2 K.FYI / Discussion L.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the Regular Meeting Minutes From - February 24, 2020 June 8, 2021 June 15, 2021 June 22, 2021 July 13, 2021 July 20, 2021 July 27, 2021 MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, the Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020, the City Commission and many Citizen Advisory Boards moved to our new Granicus Streaming Platform. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. https://www.bozeman.net/government/city-commission/city-commission- 4 video Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 02-24-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 06-08-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 06-15-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 06-22-21 DRAFT Minutes City Commission Meeting.docx 07-13-21 DRAFT City Commission Meeting Minutes.docx 07-20-21 FINAL City Commission Meeting Minutes.pdf 07-27-21 DRAFT City Commission Minutes.docx Report compiled on: July 26, 2021 5 Page 1 of 12 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, February 24, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present Staff present at the dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:00:13 PM (00:08:49)Call to Order –6:00 PM - Commission Room, City Hall, 121 North Rouse B.06:00:21 PM (00:08:57)Pledge of Allegiance and a Moment of Silence C.06:01:06 PM (00:09:42)Changes to the Agenda ICM Taylor stated that action item 3 would be acted on before action item 2 and the minutes would reflect the change of order. D.06:01:41 PM (00:10:17)Public Service Announcement 1. The City Commission Meeting on March 2, 2020 Will Have an Early Start Time of 5 PM E.06:01:57 PM (00:10:33)FYI Cr. Pomeroy attended Mental Health Local Advisory, PATH program in other communities in MT Cr. Cunningham informed that CAHAB will have special meeting on March 3 for criteria for special funding request. He also stated that the Cemetery Board has three vacancies. He stated that the BABAB is working through work plan. Mayor Mehl stated during break the Commission will be discussing scheduling. F.06:04:26 PM (00:13:02)Commission Disclosures 6 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 2 of 12 Cr.Cunningham disclosed that Greg Stratton is a member of CAHAB and had briefly mentioned the Nest PUD previously. He has no specific knowledge outside of the publicly available information. G.06:05:01 PM (00:13:37)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Resolution 5136, Intent to Modify Special Improvement Lighting District 722 for Meadow Creek Phases 1, 1A and 1B.(Clark) 3.Resolution 5146, Adoption of the Glen Lake Rotary Park Master Plan Narrative (Jadin) 4.Approve the Final Plat for Lakes at Valley West Phase 5b Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman (Rosenberg) 5.Authorize the Interim City Manager to Sign a Public Access Easement with Rosa Johnson Development LLC for the Boulder Creek Phase 3 Subdivision Common Open Space lots 7-10, Final Plat 19233 (Garber) 6.Authorize the Interim City Manager to Sign a Lift Station Agreement with Rosa Johnson Development LLC for Use of the Laurel Glen Lift Station by the Boulder Creek Subdivision Phase 3 Project 19223 (Murray) 7.Authorize the Interim City Manager to Sign a Water and Sewer Pipeline and Access Easement and Agreement with John and Marica Tapp, Buckskin Rentals, LLC, Casey Kennedy and Joshua T. Hickey, David and Susan Luebbe, Bryan and Brenda Rickert, Heather and Brian Zaiger, Solid Capital Investments, LLC, TJ Holdings, LLC, and Duck Creek, LLC for the Gallatin Green Condos Site Plan Project (Nielsen) 8.Authorize the Interim City Manager to Sign a Water Main and Access Easement with VC Development LLC for the Catron Crossing Lots 8 and 9 (FLIR) Site Plan Project 19314 (Nielsen) 9.Authorize the Interim City Manager to Sign Amendment Number 3 to the Professional Services Agreement with Morrison-Maierle for the Capital Improvement Projects Field Survey (Gamradt) 10.Resolution 5150, Accepting the Preferred Alternative in the Preliminary Engineering Report and Affirming Adequate Resources to Construct and Maintain the Front Street Interceptor Project (Murray) 11.Authorize the Interim City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Incorporated, for the Bozeman Wastewater Collection System Model Update: Phase 1 –Hydraulic Model Development Project (Heaston) 12.Authorize the Interim City Manager to Sign a Professional Services Agreement with Sanderson Stewart for Predesign Services for the Story Mill Road Reconstruction From 7 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 3 of 12 Bridger Drive to Griffin Drive and the Bridger Drive-Story Mill Road Intersection Improvements Project (Murray) 13.Authorize the Interim City Manager to Sign Amendment 1 to the Dark Fiber Lease Agreement Between The City of Bozeman and Bozeman Fiber (Rosenberry) 06:04:58 PM (00:13:35)City Manager Introduction 06:05:07 PM (00:13:44)Public Comment There were no public comments on the Consent agenda. Motion and Vote to approve Consent Items 1-13 as submitted.The motion passed 5-0. Deputy Mayor -Cynthia Andrus: Motion Commissioner -Michael Wallner: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve H.06:05:56 PM (00:14:32)Public Comment Mayor Mehl opened General Public Comments. 06:06:30 PM (00:15:06)Crystal Allegria, Public Comment Ms. Allegria spoke in favor of the East Mendenhall deviation application 19445 and the historic significance of the area. 06:09:05 PM (00:17:41)Josh Overcash, Public Comment Mr. Overcash,Den Leader Pack 3671,and den spoke for a fundraiser for a kiosk for homelessness kits; they indicated the fundraiser will be a bake sale. The kits will contain food, toothbrushes, and bandages. Mr. Overcash discussed the location as in front of the Bozeman Public Library. They stated it would be restocked as needed. I.06:12:01 PM (00:20:37)Special Presentation 1.United Way's Mental Health Awareness Efforts (Jamison) President CEO Danica Jamison presented the 4 Community Impact Areas. She focused on the mental health and wellness programs, specifically the Resilience Project. She highlighted the coalition partners, resource connection such as 211 dialing. She highlighted the data of Mental Health in Montana, suicide rates in MT compared to national averages, some of the reasons for MT’s suicide rate. She announced a new program (Kevin Bueling, Coordinator for Man Therapy Campaign) Man Therapy that is launching in 8 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 4 of 12 March (mantherapy.org). 06:22:01 PM (00:30:37)Questions of Presenters Cr.Pomeroy asked about programs for families in crisis. She asked about the increase of need for mental health as Bozeman grows. Cr.Cunningham asked about what is missing, the greatest need for services in the community. J.06:32:12 PM (00:40:48)Action Items 1.06:32:17 PM (00:40:53)Resolution 5142, Authorizing the Refinance and Directing the Sale and Issuance and Prescribing the Form and Terms Thereof and the Security Thereof for Downtown 2007 Series Bonds (Donald) 06:32:34 PM (00:41:11)Presentation of Staff Finance Director Kristin Donald Presented the refinance of the Downtown TIF Bonds. 06:34:07 PM (00:42:43)Questions of Presenter Cr.Pomeroy asked about the City savings through this refinancing of bonds. Cr.Cunningham asked about the trigger for when to refinance bonds. 06:37:23 PM (00:45:59)Public Comment There were no public comments on this item. 06:37:33 PM (00:46:09)Motion to approve Resolution 5142, Authorizing the Refinance and Directing the Sale and Issuance and Prescribing the Form and Terms Thereof and the Security Thereof for Downtown 2007 Series Bonds. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd 06:37:46 PM (00:46:23)Discussion 06:39:38 PM (00:48:14)Vote on the Motion to approve Resolution 5142, Authorizing the Refinance and Directing the Sale and Issuance and Prescribing the Form and Terms Thereof and the Security Thereof for Downtown 2007 Series Bonds. The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve 9 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 5 of 12 Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 2.06:39:56 PM (00:48:32)Application 19372, The Nest PUD. A Preliminary Planned Unit Development (PUD) Application at Annie Street and Rosa Way to Allow a Residential Development of 45 Dwelling Units on 13 lots on 5.411 Acres with Relaxations to Zoning Regulations Requested for Lot Size, Setback Encroachment, Access Distance and Design, and a Request for Concurrent Construction (Quasi-judicial)(Rosenberg) 06:40:42 PM (00:49:18)Presentation of staff Associate Planner Sarah Rosenberg presented the PUD application, community context, the Performance Points of the PUD, the four requested relaxations, improvements to the current trail the borders Baxter Creek, and the history of the application. 06:51:55 PM (01:00:32)Questions of Staff Mayor Mehl asked about the procedural steps with this action item and the following. Cr.Pomeroy asked about the relaxations for density and how the application meets parking requirements. Cr.Cunningham asked about the burden of proof for a PUD. He asked about the points scoring system of this application. He asked about the woonerf and traffic control measures. He asked about the encroachments into designated setbacks. DM Andrus asked about encroachments impact on utility easements. She asked about the woonerf and its proposed traffic adjustment. 07:01:12 PM (01:09:48)Presentation of Applicant Greg Stratton and Tyler Steinway (intrinsic) and Matt Hauser C.. Engineering presented the application, their process of design, and the history of the project. He stated that the woonerf’s design of a 90 degree turn acts as its own traffic calming measure and the accommodations of the requests of the Fire Department. He described the porch encroachments into the woonerf. 07:07:50 PM (01:16:27)Questions of Applicant Cr.Pomeroy asked about the efficiency of land use. She asked about the design of the proposed condos. She asked about the applicability of the affordable housing ordinance to this project. Cr.Cunningham asked how this PUD provides an improved housing project. He asked about access to the open space through the parking on the woonerf. DM Andrus asked the woonerf’s designed 90 degree turn in relation to protecting the housing from high water. She asked about traffic flow on the woonerf. 07:14:18 PM (01:22:54)Public Comment Mayor Mehl opened this item for public comments. 10 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 6 of 12 07:14:33 PM (01:23:09)Maggie Kathormson Ms. Kathormson stated her concern with setbacks from the creek and her property. She stated she is less worried about the setbacks of her property after the presentation. She stated her concern with standing water bordering the project area near Annie Street. She stated her concern with plowing on the woonerf and the lack of space for fire truck access. 07:17:45 PM (01:26:22)Matt McKey Mr. McKey shared similar concerns with previous commenter. He expressed concern with the 90 degree turn on the woonerf. He does not see the open space as a beneficial and usable space. He expressed concerns with setbacks for yards 07:19:59 PM (01:28:36)Staff Response Engineer Anna Russell responded to Ms. Kathormson’s concern about the retention pond and the planned detention pond replacement. She stated the woonerf would be a private street maintained by the HOA with snow storage behind the parking. Planner Rosenberg addressed the concerns surrounding the yards. 07:23:16 PM (01:31:52)Questions Continued Cr. Pomeroy asked for clarification on traffic congestion. 07:24:01 PM (01:32:37)Applicant Response Mr. Stratton highlighted the designated snow storage and the HOA’s maintenance of the woonerf. He addressed the fence concerns and that he application meets setback requirements. He addressed snow storage on the woonerf’s turn and its impediment of sight for the Fire Department. 07:26:44 PM (01:35:20)Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19372 and move to recommend approval of the Nest Planned Unit Development application with relaxations numbers 1-4, subject to conditions and all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd 07:27:22 PM (01:35:58)Discussion Cr. Pomeroy concurred with staff’s findings. She agreed this is an efficient use of land. Cr. Cunningham concurred with the staff’s findings. He highlighted the improvement of open space over what could have been developed without the relaxations. DM Andrus agreed with previous statements and that the PUD does provide a better development. Cr. Wallner found that the density matches neighboring development. He highlighted that a similar traffic calming jog exists on Meriwether Ave and that snow and parking will be a concern. He appreciates the private plowing. Mayor Mehl thanked public commenters and that the stormwater division will have to address the 11 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 7 of 12 holding pond. 07:35:15 PM (01:43:52)Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19372 and move to recommend approval of the Nest Planned Unit Development application with relaxations numbers 1-4, subject to conditions and all applicable code provisions.The motion passed 5-0. Commissioner -I-Ho Pomeroy: Motion Commissioner -Michael Wallner: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 3.07:35:36 PM (01:44:12)Application 19373, The Nest Preliminary Plat. A Major Subdivision Application at Annie Street and Rosa Way to Subdivide 13 Lot Residential Subdivision on 5.411 Acres. Four Relaxations are Requested With the PUD Associated With This Application (Quasi-judicial)(Rosenberg) 07:35:56 PM (01:44:32)Staff Presentation Planner Rosenberg presented the Preliminary Plat application after the approved PUD. She highlighted condition number 20 and the need for adequate sewer capacity. She presented the midblock divisions, block frontages, the process for the Preliminary Plat. 07:39:59 PM (01:48:35)Questions of Staff Cr.Cunningham asked about the different surfaces and their benefit in the open spaces. He asked about heights as they compare to restrictions.He asked about stormwater and the difference between a retention pond and a detention pond. He asked about the sewer capacity condition of approval. DM Andrus asked about street lighting for the project. She asked about the difference between condition number 26 and number 28. She asked about addressing. Cr.Pomeroy asked about high groundwater. 07:54:34 PM (02:03:10)Presentation of Applicant Greg Stratton addressed the concern with crawlspaces and groundwater. 07:56:07 PM (02:04:43)Questions of Applicant Cr.Cunningham asked about the decision between condos and townhomes. DM Andrus asked about condition number 20 related to sewer capacity. She asked about the lighting requirements. 12 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 8 of 12 07:59:28 PM (02:08:04)Public Comment There were no public comments on this item. 07:59:45 PM (02:08:21)Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19373 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:00:12 PM (02:08:48)Discussion Cr.Cunningham highlighted the 31 conditions of approval and 13 plat corrections. He concurred with staff findings. DM Andrus concurred with Cr. Cunningham and that she considered this a great use of the space. Cr. Wallner stated his appreciation of applicants approach to the project. Cr. Pomeroy highlighted the conditions related to high groundwater. Mayor Mehl will be supporting the motion. 08:07:03 PM (02:15:40)Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19373 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 08:07:22 PM (02:15:58)Recess Mayor Mehl called a recess until 8:20PM 08:29:12 PM (02:37:48)Call to Order Mayor Mehl called the meeting back to order. 4.08:29:23 PM (02:37:59)Application 19445, Modification and Certificate of Appropriateness 13 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 9 of 12 Deviation Application to an Approved Site Plan Application (19-128) to Allow for Encroachment of Open Space Hardscaping and a 4-foot Awning into the 35-foot Watercourse Setback at 240 East Mendenhall Street (Quasi-judicial)(Rosenberg) 08:30:00 PM (02:38:36)Presentation of Staff Planner Rosenberg presented the deviation application, the site context, existing conditions, the approved site plan, the two proposed deviations, the three deviation criteria, conditions of approval, public comments, and staff’s recommendation 08:37:52 PM (02:46:28)Questions of Staff DM Andrus asked if there are any other properties match the requested deviations. Cr.Wallner asked about runoff and the impact of the roof on runoff. He asked about parking underneath the building. Cr.Pomeroy asked about flood concerns. Cr.Cunningham asked about any effect upon the creek bank. He asked about the retaining wall. He asked about how the public comment relates to condition of approval number two. He asked about the Bozeman Downtown Improvement Plan’s effect on the application and its public access. Mayor Mehl asked for clarification on public participation on this project. He asked about the concern of an outside entity determining if the conditions are met. 08:50:36 PM (02:59:12)Staff Clarification CA Sullivan asked about public access from the original approved site plan. 08:50:50 PM (02:59:27)Discussion Continued Mayor Mehl asked about runoff from the permeable pavers. He asked if the proposed action is in concurrence with the Downtown Plan. 08:52:17 PM (03:00:53)Presentation of Applicant Peter Andrews with Intrinsik Architecture stated they are generally in agreement with staff. He clarified that the entire building cantilevers into the space. 08:53:28 PM (03:02:04)Questions of Applicant Cr.Cunningham asked about the conditions of approval. 08:53:56 PM (03:02:33)Presentation of Applicant Continued Peter presented proposed changes of conditions of approval. 08:57:58 PM (03:06:34)Questions of Applicant Continued DM Andrus asked if any of the proposed changes alter the conditions’ original intent. She asked for clarification on proposed condition of approval number two. Cr.Cunningham asked for clarification on proposed condition number one. He asked about the plan for 14 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 10 of 12 proposed condition number two. Cr. Wallner asked for clarification of proposed condition number three. 09:03:24 PM (03:12:00)Clarification of Staff Cr. Wallner requested clarification from CA Sullivan on the signage condition. 09:03:54 PM (03:12:30)Questions of Applicant Continued Mayor Mehl asked why certain language was dropped from proposed condition number two but not from proposed condition number three. 09:05:24 PM (03:14:00)Public Comment There was no public comment on this item. 09:05:42 PM (03:14:18)Questions of Staff Continued DM Andrus asked for staff’s opinion on the proposed conditions of approval. She asked about any time restraint for action on the application. 09:10:24 PM (03:19:00)Clarification of Staff CA Sullivan clarified the requirements of conditions related to third party involvement. 09:12:15 PM (03:20:51)Questions of Staff Continued Cr. Cunningham asked for clarification of who is crafting the plan in original number two 09:13:10 PM (03:21:46)Response of Applicant Troy Scherer of Design 5 Architecture clarified that the site planning was done to avoid touching the vegetation on the stream bank. 09:14:26 PM (03:23:02)Motion to continue application 19445 to March 9 and request that staff and the applicant get together to work out the conditions of approval. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd 09:14:52 PM (03:23:29)Discussion 09:19:28 PM (03:28:05)Vote on the Motion to continue application 19445 to March 9 and request that staff and the applicant get together to work out the conditions of approval.The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve 15 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 11 of 12 Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 5.09:19:57 PM (03:28:33)Resolution 5092,Establishing a Procedure for the Official Naming of Parks, Trails, and Recreational Facilities (Jadin) 09:20:15 PM (03:28:51)Presentation of Staff Parks and Recreation Director Mitch Overton presented the proposed procedure overview. Park Planning Manager Addi Jadin presented the proposed policy detail. She presented the background of current policies and practices, existing donor and partner recognition policies, the purposes and outcomes of the policy, procedures, criteria and financial contribution thresholds, renaming procedure, signage,the recommendation of the Recreation and Parks Advisory Board. 09:33:54 PM (03:42:30)Questions of Staff Cr.Wallner asked if this will help or hurt the ability to receive donations. Cr.Cunningham asked for clarity on this policy’s interaction with previous agreements. He asked for clarity about the financial threshold. DM Andrus asked for clarification on criterion 6c. Mayor Mehl asked for clarification as a follow up to DM Andrus’ question. 09:41:08 PM (03:49:44)Public Comment There were no public comments on this item. 09:41:13 PM (03:49:50)Motion to adopt Resolution 5092 establishing a procedure for the official naming of parks, trails,and recreational facilities. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd 09:41:33 PM (03:50:09)Discussion 09:44:34 PM (03:53:10)Vote the motion to adopt Resolution 5092 establishing a procedure for the official naming of parks, trails,and recreational facilities.The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve 16 Bozeman City Commission Meeting Minutes, February 24, 2020 Page 12 of 12 Commissioner - Michael Wallner: Approve K.09:44:52 PM (03:53:28)FYI/Discussion ICM Taylor provided an update on the scheduling for the review of City Manager candidates. L.09:45:31 PM (03:54:07)Adjournment 17 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 8, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent:None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A)00:00:02 Call to Order -6:00 PM -Via WebEx Video Conference B)00:02:41 Pledge of Allegiance and a Moment of Silence C)00:03:16 Changes to the Agenda There were no changes to the agenda. D)00:03:26 Public Service Announcements D.1 00:03:30 Introduction of New Human Resources Director and the Interim Public Works Director CM Mihelich introduced the new Human Resource Director, Cassandra Tozer, and the Interim Public Works Director, Scott Shirley. E)00:07:48 FYI Mayor Andrus noted the Design Review Board meeting on June 9, 2021,the Parks and Recreation Board meeting on June 10, 2021,and the Parking Commission meeting on June 10, 2021. Cr. Coburn acknowledged the work done to hold the National Trails Day event on June 5-6, 2021. F)00:09:01 Commission Disclosures There were no commission disclosures. G)00:09:14 Approval of Minutes G.1 Approve the Regular Meeting Minutes from: 18 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 2 of 12 January 27, 2020 February 10, 2020 May 4, 2021 May 11, 2021 May 18, 2021 May 25, 2021 01-27-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 02-10-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 05-04-21 FINAL MINUTES City Commission Meeting.pdf 05-11-21 FINAL MINUTES City Commission Meeting.pdf 05-18-21 FINAL MINUTES City Commission Meeting.pdf 05-25-21 FINAL MINUTES City Commission Meeting.pdf 00:09:31 Motion To approve minutes from January 27, 2020, February 10, 2020, May 4, 2021, May 18, 2021, and May 25, 2021. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:09:58 Vote on the Motion to approve minutes from January 27, 2020, February 10, 2020, May 4, 2021, May 18, 2021, and May 25, 2021.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H)00:10:21 Consent H.1 00:16:41 Accounts Payable Claims Review and Approval H.2 Authorize the Mayor to Sign a Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract (Contract # MT-BSTF-01-21-19) and Authorize the City Manager to Execute Additional Documents Required to Facilitate and Manage the Amended Grant Award for Profitable Ideas, Inc. Exhibit 1 Bozeman - Profitable Ideas Inc. - Award Letter.pdf Exhibit 2 Follow Up Letter -Profitable Ideas Inc.pdf Exhibit 3 PIE #2 Business Assistance Agreement-Mangement Plan.pdf Exhibit 4 Contract_MT-BSTF-1-21-19_Bozeman_PIE_2.pdf Exhibit 5 PIE BSTF Grant Award Budget Amendment 5-25-21.pdf H.3 Authorize the City Manager to Sign a Grant Agreement with Gallatin Watershed Council for Interpretive Signage Project 2020 GWC - CILP Grant Agreement.docx ExhibitA_2020 GWC - CILP Grant Application.pdf 19 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 3 of 12 Resolution 5239 - GWC 2020 Interpretive Signage CILP.pdf H.4 Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2021 Curb Replacement Project to Treasure State, Inc. for the Purpose of Replacing Curb and Gutter on West Garfield Street Bid Sheet - 2021 Curb Replacement Project.pdf AWARD.docx H.5 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with SwissDetail, Inc for the Swiss Plaza, Phase 1 Project (20372) Irrevocable of Dedication H.6 Authorize the City Manager to Sign a Drainage Easement, Public Utility Easement and Utility Easement with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment Project (20412) Public Utility Easement Utility Easement Drainage Easement H.7 Authorize the City Manager to Sign a Utility Easement for Telephone, Electric Power, Gas, Internet, Cable Television or Other Similar Utilities or Services with J&D Customs, Inc. for the Delta Gamma House (20170) Utility Easement H.8 Authorize the City Manager to Sign a Public Light Pole Utility Easement with Sleepy Eye, LLC for the Pedestrian Street Lighting Along North Rouse Between Main Street and the Alley Public Light Pole Easement H.9 Authorize the City Manager to Sign a Public Utility Easement and Agreement and a Utility Easement with Elaine S Locati for the Cattail Condos Site Plan (20435) Utility Easement/Public Utility Easement and Agreement H.10 Authorize the City Manager to Sign a Maintenance Agreement with the Montana Department of Transportation (MDT) for Operation and Maintenance of Decorative Lighting on Rouse Avenue from Main to Lamme City/State Memorandum of Agreement H.11 Authorize the City Manager Sign a Purchase Agreement with Western Systems for Kagy HAWK Signal Electronics Purchase Agreement H.12 Authorize the City Manager Sign a Purchase Agreement with Lumen FX for Kagy HAWK Signal Poles Purchase Agreement.pdf H.13 Authorize the City Manager to Sign a Professional Services Agreement with Stahly Engineering & Associates, Inc. for the Bozeman Sports Park Project Attachment A Professional Service Agreement Stahly Engineering & Associates.pdf H.14 Authorize the City Manager to Sign a Professional Services Agreement with KLJ for the North 15th Avenue Improvements from Patrick to Tschache Construction Management and Inspection Services Contract North 15th Ave. Professional Services Agreement.pdf H.15 Authorize the City Manager to Sign Sanderson Stewart Term Contract Task Orders NE2021-003, NP2021-001, and PY2021-001 for TIF Assistance Program Development Services for the Northeast, North Park, and Pole Yard Urban Renewal Districts URD Task Order Form NE21-003.docx NE21-003_TIF_Assistance_SOW_051421.pdf 20 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 4 of 12 URD Task Order Form NP21-001.docx NP21-001_TIF_Assistance_SOW_051421.pdf PY21-001 Task Order Form.docx PY21-001_TIF_Assistance_SOW_051421.pdf H.16 Resolution 5310, Appointing Health Officer Resolution 5310 Appointing Health Officer.pdf Board of Health Res. No. 2021-005.pdf Criteria for Hiring Lori Christenson.pdf H.17 Ordinance 2060, Provisional Adoption of the NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011 21011 NWE Glen Lake ZMA 2060.docx Northwestern_East_Parcel_Zoning_Exhibit_05-11-21.pdf 00:10:27 City Manager Introduction. CM Mihelich provided the highlights of the Consent Agenda. 00:11:03 Public Comment on Consent Agenda I and Consent Agenda II. Mayor Andrus opened the Consent Agenda I and the Consent Agenda II items for public comment. 00:13:31 Lily Wright, Public Comment Lily Wright wished to comment during general public comment. 00:14:23 Emily Talago, Public Comment Emily Talago commented in opposition to the language in Item I2, specifically the use of the word "standards". She commented that she feels it is a missed opportunity to reach city goals. She feels there was not enough attention given to the changes in all zoning districts. 00:16:36 Motion Consent items 1-17 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:16:45 Vote on the Motion to approve Consent items 1-17 as submitted.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 21 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 5 of 12 I)Consent II: Items Acted Upon Without Prior Unanimous Approval I.1 Ordinance 2070, Final Adoption of Form and Intensity Standards Update Text Amendment to Revise the Bozeman Municipal Code to Increase the Allowable Height in Several Zoning Districts to Account for a Change in Construction Industry Standards and to Increase the Height in R-O and B-2 to Allow for an Additional Story, Reduce the Number of Roof Pitch Categories and Change the Location of Commercial Front Setback Designations. Revise Affected Sections to Implement the Revisions Ordinance 2070 Form & Intensity Standards Update.pdf Ordinance 2070 Form & Intensity Standards Update Final Adoption Memo.pdf I.2 Ordinance 2074, Final Adoption of Repealing and Replacing Division 38.270 – Improvements and Guarantees of the Bozeman Municipal Code to Require Sidewalk Installation within the Timeframes that All Other Infrastructure is Installed, Allow More Flexibility to Concurrently Construct Infrastructure and Development Projects, and Generally Clean Up the Code FINAL ADOPTION Ordinance 2074 Div 38 270 Improvements and Guarantees.pdf 00:17:11 Motion Consent II Items, number one and two as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:17:21 Vote on the Motion to approve Consent II Items, number one and two as submitted.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J)00:17:51 Public Comment 00:20:12 Lily Wright, Public Comment Lily Wright commented in regards to using the American Rescue Plan Act funding received by the City for other needs in the community such as affordable housing, mental health care, healthcare in general, and food security. K)00:23:03 Action Items K.1 00:23:07 Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 (Quasi-Judicial) 20447 CC Staff Report June 8 updated.pdf 00:23:07 City Manager Introduction 22 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 6 of 12 00:24:57 Mayor Andrus reopened the public hearing on Blackwood Groves. 00:25:02 Public Comment Mayor Andrus opened the item for public comment. 00:26:40 Marilee Brown, Public Comment Marilee Brown commented on behalf of Gallatin Alliance for Pathways (GAP) in opposition to the proposed bike path that is not separated from the road. She added a request to require a 10 foot wide multi-user separated pathway along all busy highways. 00:30:51 Clarification from Staff 00:33:17 Clarification from Applicant 00:34:39 Additional questions from Commission 00:39:44 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:40:27 Discussion Cr. Madgic spoke in support of the motion due to the scale and thoughtfulness of the design. She noted it meets the Montana Subdivision and Platting Act, the Community Plan and Growth Policy. Cr. Coburn spoke in support of the motion and noted it seems to be appropriate, if not excessive, use of in-lieu improvements. Cr. Pomeroy spoke in agreement with fellow commissions and the staff findings, especially this project will not affect agriculture or agriculture water use facilities. DM Cunningham feels the improvements in-lieu make up for the 2 acre short fall in open space. Mayor Andrus spoke in support of the motion and the thought given to preservation of wetlands. 00:47:19 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 23 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 7 of 12 Christopher Coburn Disapprove: None 00:47:47 Motion Having reviewed and consideredthe application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:48:15 Discussion Cr. Madgic spoke in support of the motion for the reasons previously stated. Cr. Coburn spoke in support of the motion. Cr. Pomeroy will be supporting this motion. DM Cunningham spoke in support of the motion. He added that he would like to see the cottage housing units be eligible for down payment assistance. 00:55:42 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.2 00:56:11 Resolution 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue Resolution 5305-Modify SILD 460-N 7th Avenue.doc 00:56:14 City Manager Introduction 00:56:35 Staff Presentation Finance Director Kristin Donald presented the Modification of SILD 460 on N. 7th Avenue. She highlighted the fixtures to be installed, a map of the district, the lighting assessment estimations. She noted this is a public hearing and reviewed the public comments. 00:58:17 Questions of Staff 24 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 8 of 12 01:02:16 Public Comment There were no public comments on this item. 01:04:57 Motion Approve Commission Resolution Number 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:05:16 Discussion Cr. Coburn spoke in support of the motion and noted it is inline with the strategic plan and had no public comments. Cr. Pomeroy will be supporting the motion. DM Cunningham will be supporting the SILD for the reasons stated by his colleagues. Cr. Madgic will be supporting this motion. Mayor Andrus will be supporting the motion. 01:06:25 Vote on the Motion to approve Commission Resolution Number 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.3 01:06:46 FY22 City Manager Recommended Budget- General Fund Presentation Streamline request.pdf HAVEN request.pdf Outside Entity Requests Summary.pdf 01:06:57 CM Introduction City Manager Mihelich and Finance Director Kristin Donald presented the item. CM Mihelich provided a definition of the general fund, the general fund revenues, and general fund expenditures. He highlighted salaries and benefits along with a pay philosophy and noted the general fund personnel factors. They went through the general fund reserve balance, the general fund by department compared to all funds. He presented a look forward, specifically with the Bozeman Public Safety Center and the end of special Covid Funding. 01:14:07 Finance Director Kristin Donald presented the general government division budget. Finance Director Donald provided the budget and performance measures for the City Commission, the City Manager, the City Clerk, the City Attorney, Finance, Facilities, IT, Human Resources, and Municipal Court. 25 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 9 of 12 01:20:12 Questions on General Government Division Budget 01:48:03 Public Safety Budget Presentation Finance Director Donald went over the police budget, details of the personnel increase, police performance measures. She reviewed the fire budget and fire performance measures. 01:51:14 Questions on Public Safety 02:19:33 Meeting went into recess. Mayor Andrus called the meeting to recess. 02:25:05 Meeting Reconvened Mayor Andrus called the meeting back to order. 02:25:10 Finance Director Donald presented the public welfare portion of the budget. Finance Director Donald reviewed the recreation budget and performance measures, the Cemetery budget and performance measures, the Library budget and performance measures, the general fund portion of the economic development budget and performance measures, and the sustainability division of strategic services budget and performance measures. 02:30:17 Questions regarding public welfare portion of the budget. 02:38:52 Finance director Donald presented the non-departmental budget. Finance Director Donald noted what is involved in the non-departmental budget. She went over non-departmental outside entity funding. CM Mihelich wrapped up with the typical city residential property annual costs adjustments and a budget calendar moving forward. 02:42:52 Questions and Final Comments 02:43:30 Public Comment Mayor Andrus opened this item for public comment. 03:12:30 Lander Cooney, Public Comment Lander Cooney, the CEO of Community Health Partners, requesting the City Commission fully funding Streamline's $400,000 funding request. 03:15:13 Sunshine Ross, Public Comment Sunshine Ross, the Streamline Director, requested the City fully funding Streamline's $400,000 funding request. 26 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 10 of 12 03:18:26 Ralph Zimmer, Public Comment Ralph Zimmer, speaking on behalf of the Bozeman Area Pedestrian and Traffic Safety Committee, commented requesting an increase in funds for non-motorized vehicle infrastructure. He also commented it is dangerous to have bicyclist on sidewalks. 03:22:57 Vanessa Palmer, Public Comment Vanessa Palmer, HRDC's transportation program manager, commented requesting fulfilling Streamline's $400,000 request. 03:26:13 Evan Rainey, Public Comment Evan Rainey commented in opposition to purchasing a new police car and having officers engage with the community on foot.  K.4 03:29:34 Eastlake Professional Center Minor Subdivision Preliminary Plat, Application 21-016, for the Subdivision of 7.65 Acres into Four (4) Developable Commercial Lots, and Easements, Zoned B-2M. Eastlake Professional Center - Preliminary Plat 05-21-2021.pdf 21016 Eastlake Professional Center PP SR.pdf 03:29:37 CM Introduction 03:29:51 Staff Presentation Jacob Miller, Assistant City Planner, presented the Eastlake Professional Center Preliminary Plat. He entered the staff report and public comments into the record. He provided the map and zoning. He provided a snapshot of the area. He noted the access roads. He presented the preliminary schematic of the site plan, a current land use map and clarified it is not vacant land. He presented the community plan future land use map. He showed the Phase 1 part of the construction plan. He noted it was properly noticed, there were two public comments and gave the recommended motion. 03:39:06 Questions of Staff 03:44:46 Applicant Presentation Rob Pertzborn, Ryan Krueger, and Alex Edwards presented the layout of the area, he highlighted the Davis Lift Station. He provided a pictures of the project area, the future land use map, zoning and the plat drawing. He also provided the concept plan. He described the surrounding area plans. He noted how this project will fit in to the Community Plan and how the climate plan influenced the design. The reviewed preliminary plat review criteria. 03:51:48 Questions of Applicant 03:55:51 Public Comments 03:57:27 Evan Rainy, Public Comment 27 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 11 of 12 Evan Rainey commented on suburban sprawl and the need for density. 04:00:36 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21016 and move to approve the Eastlake Professional Center Minor Subdivision with conditions and subject to all applicable code provisions. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:01:00 Discussion DM Cunningham agreed with the staff findings. He noted the 3 public comments. Cr. Madgic spoke in support of the motion. Cr. Coburn spoke in support of the motion. Cr. Pomeroy spoke in support of the motion. Mayor Andrus spoke in support of the motion. 04:07:10 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21016 and move to approve the Eastlake Professional Center Minor Subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L)04:07:31 Appointments L.1 04:07:36 Appointment to the Library Board of Trustees 05-20-21 CAB Application - K. Spencer, reapplicant.pdf 04:07:38 Public Comment There were no public comments on this item. 04:09:51 Motion I move to appoint one member, Ken Spencer, to the Library Board of Trustees with a term ending June 30, 2026. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:10:08 Vote on the Motion I move to appoint one member, Ken Spencer, to the Library Board of Trustees with a term ending June 30, 2026. The Motion carried 5 - 0 28 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 12 of 12 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None M)04:10:30 FYI / Discussion N)04:10:40 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: 29 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, June 15, 2021 Present:Cyndy Andrus, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent:Terry Cunningham Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A)00:01:37 Call to Order -6:00 PM -WebEx Video Conference B)00:04:30 Pledge of Allegiance and a Moment of Silence C)00:05:07 Changes to the Agenda There were no changes to the agenda. D)Authorize Absence D.1 00:05:17 Authorize the Absence of Deputy Mayor Cunningham 00:05:25 Motion I move to authorize the absence of Deputy Mayor Cunningham. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:05:39 Vote on the Motion to approve I move to authorize the absence of Deputy Mayor Cunningham. The Motion carried 4 –0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: 30 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 2 of 10 None E)00:05:58 FYI CM Mihelich noted the work on the Davis Lane Lift Station and sewer outfall. He noted the Bogert Pool will be opening next week. He provided an update on returning to in-person meetings following technology updates to the Commission Room. Mayor Andrus highlighted the opportunity for Bozeman to engage in a conversation around housing and transit at the national level. F)00:08:55 Commission Disclosures There were no disclosures. G)00:09:03 Consent G.1 Accounts Payable Claims Review and Approval G.2 Approve the South Bozeman Technology District and Pole Yard Urban Renewal District Work Plans and Budgets for Fiscal Year 2022 and Annual Reports for Fiscal Year 2021 G.3 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment (20412) Conditional Irrevocable Offer of Dedication G.4 Ratify the Signature of the City Manager on an Agreement for Professional Employment Services with GOVTEMPSUSA, LLC. GovTemps Contract signed.pdf G.5 Authorize the City Manager to Sign a Professional Services Agreement with Comcate for Public Comment Software Comcate Final Contract G.6 Authorize the City Manager to Sign a Professional Services Agreement with Water Systems Optimization, Inc. for the 2021 Water Distribution System Audit PSA_Water Systems Optimization_Water Distribution System Audit.pdf Attachment A_Scope of Services_Water Systems Optimization_Water Distribution System Audit.pdf G.7 Resolution 5288 Update to the Policy and Fee Schedule for Facility Use and Programs for Parks and Recreation FY21- Policy and Fee Schedule.pdf Resolution 5288.docx 00:09:03 City Manager Introduction 00:09:03 CM Mihelich provided the highlights of the Consent Agenda. 00:10:46 Public Comment There were no public comments on the Consent agenda. 00:13:39 Motion to approve Consent items 1 -7 as submitted. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:13:48 Vote on the Motion to approve Consent items 1 - 7 as submitted.The Motion carried 4 – 0. 31 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 3 of 10 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H)00:14:03 Public Comment Mayor Andrus opened general public comment. 00:16:26 Richard Kerin, Public Comment Richard Kerin commented his support for the South 6th SID, referencing his written comments, encouraging the reinstatement of the West Olive traffic circle in the project. 00:19:47 Mark Egge, Public Comment Mark Egge, member of the Planning Board and Parking Commission but speaking on his own behalf, commented on an item previously reviewed by the Planning Board, the Bozeman Creek neighborhood plan. He commented on the infrastructure deficiencies in the neighborhood that inhibits development in the area. He advocated for upgrades to Church Ave. 00:23:27 Martin Johnson, Public Comment Martin Johnson commented in favor of the traffic circle at the intersection of Olive and 6th Streets. I)00:25:57 Action Items I.1 00:25:59 Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan FY2022 BID Work Plan Budget Packet.pdf 00:26:36 Staff Presentation Emily Cope, District Manager Downtown Bozeman Partnership presented the FY2022 Work Plan and Budget. She presented a history of the Downtown Business Improvement District (BID), the BID assessment, and the BID programs. 00:32:19 Questions of Staff 00:38:09 Public Comment There were no public comments on this item. 00:41:14 Motion to approve the Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:41:53 Discussion 32 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 4 of 10 00:46:40 Vote on the Motion to approve Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 00:46:58 Downtown Urban Renewal District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan DTN URD FY2022 Budget Commission Packet.pdf 00:47:20 Staff Presentation District Manager Cope presented the Downtown Urban Renewal District (URD) Fiscal Year 2022 Work Plan and Budget. She presented the URD mission, funding, infrastructure projects, planning projects, and grant programs. 00:56:35 Questions of Staff 01:07:46 Public Comment Mayor Andrus opened this item for public comments. 01:09:27 Christopher Brizzolara, Public Comment Christopher Brizzolara commented on his plan to create three additional parking garages downtown. 01:10:19 Nick Allevato, Public Comment Nick Allevato commented his appreciation on the previous commenter creating an outside perspective. He recommended looking into the history of the existing parking garage. 01:12:46 Motion to approve the Downtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:12:55 Discussion 01:18:57 Vote on the Motion to approve the Downtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget as submitted.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy 33 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 5 of 10 Jennifer Madgic Christopher Coburn Disapprove: None I.3 01:19:17 Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report Fiscal Year 2022 Midtown Work Plan and Budget and FY21 Annual Report packet.pdf 01:19:31 Staff Presentation Urban Renewal Program Manager David Fine presented an overview of the Midtown Urban Renewal District (Midtown). He presented the Midtown Annual Report of projects, the Fiscal Year 2022 Work Plan and Budget highlights, and previously approved grants and direct incentives. 01:25:29 Questions of Staff 01:33:02 Public Comment Mayor Andrus opened this item for public comments. 01:34:54 Christopher Brizzolara, Public Comment Christopher Brizzolara asked how many housing units are provided in this budget and work plan and asked if the money being spent is worth it when there are people in need. 01:37:22 Motion to approve the Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:37:35 Discussion 01:44:36 Vote on the Motion to approve the Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget. The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.4 01:45:43 North Park Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report 01:45:55 Staff Presentation 34 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 6 of 10 Manager Fine presented the North Park Urban Renewal District (North Park) Fiscal Year 2022 Work Plan and Budget, and Fiscal Year 2021 Annual Report. He presented an overview of North Park and the work plan and budget highlights. 01:47:46 Questions of Staff 01:50:14 Public Comment Mayor Andrus opened this item for public comments. 01:51:59 Christopher Brizzolara, Public Comment Christopher Brizzolara commented on the housing design competition in the City of Los Angeles and that the City should use this budget money for a similar purpose and asked what is to prevent a developer from designing all similar housing types. 01:54:11 Motion to approve the North Park Urban Renewal District Fiscal Year 2022 Work Plan and Budget. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:54:25 Discussion 01:57:23 Vote on the Motion to approve the North Park Urban Renewal District Fiscal Year 2022 Work Plan and Budget.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.5 01:57:50 Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report FY22 NEURD Work Plan and Budget Packet 20210615.pdf 01:58:09 Staff Presentation Manager Fine presented the Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget and the Fiscal Year 2021 Annual Report. He presented the overview of the Northeast District, Fiscal Year 2021 Annual Report highlights, and the Fiscal Year 2022 Work Plan and Budget Highlights. 02:03:32 Questions 02:09:23 Public Comment 02:11:28 Christopher Brizzolara, Public Comment 35 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 7 of 10 Christopher Brizzolara questioned the costs of consulting fees. 02:13:17 Nick Allevato, Public Comment Nick Allevato commented to mirror the previous comments. 02:14:00 Motion to approve the Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:14:07 Discussion 02:16:51 Vote on the Motion to approve the Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:17:11 Mayor Andrus called the meeting into recess. 02:17:35 Mayor Andrus called the meeting back to order. I.6 02:17:40 Resolution 5289 Setting Cemetery Fees and Perpetual Care Fund Deposits Cemetery Memo For Fee Changes .docx Resolution 5289 Cemetery Fees.docx 02:18:00 Staff Presentation Finance Director Kristin Donald presented the background on the cemetery fees, she presented the funding breakdown for cemetery operations, the perpetual care fund balance, the staff recommendation, and the process for recommendation. 02:20:55 Questions of Staff 02:28:26 Public Comment There were no public comments on this item. 02:31:20 Motion to approve Resolution 5289 setting Cemetery fees and Perpetual Care Fund deposits. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 36 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 8 of 10 02:31:34 Discussion 02:34:08 Vote on the Motion to approve Resolution 5289 setting Cemetery fees and Perpetual Care Fund deposits.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.7 02:34:29 FY22 City Manager Recommended Budget- Special Revenue Funds Presentation 7 mills memorandum.pdf American Rescue Plan Overview.docx 02:34:38 Staff Presentation CM Mihelich and Director Donald presented the special revenue funds. Director Donald presented the Street Maintenance Fund financial trends, revenues and expenditures, the capital items scheduled, details by division, the Arterial & Collector fund financial trends, revenues and expenditures, and the capital items scheduled. 02:39:22 Questions of Staff 02:41:49 Staff Presentation continues Director Donald presented the Parks & Trails District Fund financial trends, revenues and expenditures, scheduled capital items, the Parks Division details, the Tree Maintenance Fund financial trends, revenues and expenditures, and Forestry Division details. 02:45:44 Questions of Staff 03:00:59 Staff Presentation continues Director Donald presented the Community Development Fund financial trends, revenues and expenditures, Planning Division details, the Building Inspection Fund financial trends, revenues and expenditures, Building Inspection Division details, the Community Housing Fund financial trends, revenues and expenditures, fund details, and Affordable Housing performance measures. 03:06:04 Questions of Staff 03:15:30 Staff Presentation continues Director Donald presented the Covid-Relief American Rescue Plan Act (ARPA) background, ARPA funding, reporting and audit requirements, a breakdown of the funding, and the ARPA Fund plan. CM Mihelich presented the State of Montana ARPA funding opportunities and the typical City residential property annual cost adjustments with special revenue funds highlighted. 37 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 9 of 10 03:26:39 Questions of Staff 03:54:03 Meeting Extended Mayor Andrus extended the meeting to 10:15 PM. 03:54:15 Questions of Staff continued 04:01:32 Public Comments Mayor Andrus opened this item for public comments. 04:03:00 Kevin Thane, Public Comment Kevin Thane, member of CAHAB, commented on the CAHAB recommendation to fund Community Housing at 7 mils. He commented on the 3 mils in the proposed budget and the fund balance. 04:05:34 Heather Grenier, Public Comment Heather Grenier, represented HRDC, commented on past and potential uses of relief funds to support community needs. She commented on housing relief funds, the opportunities of one-time funding, and various interpretations of the guidance. 04:07:47 Meeting Extended Mayor Andrus extended the meeting until10:30 PM. 04:07:56 Public Comments continued 04:07:59 Nick Allevato, Public Comment Nick Allevato commented that affordable housing is a fool's errand and the crisis cannot be fixed. He commented that to the public this is not a complicated topic and that the Commission does not get to spend the money to further their political causes to get elected. He stated Covid is over and the Commission needs to use the funds appropriately. 04:10:00 Commission Final Comments 04:22:03 City Manager Response J)04:22:54 FYI / Discussion K)04:23:01 Adjournment ___________________________________ Cynthia L. Andrus Mayor 38 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 10 of 10 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: 39 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 1 of 17 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 22, 2021 Present: Mayor Cyndy Andrus, Deputy Mayor Terry Cunningham, Commissioner I-Ho Pomeroy, Commissioner Jennifer Madgic, Commissioner Christopher Coburn Staff Present in the Webex: City Manager Jeff Mihelich, City Attorney Greg Sullivan, Deputy City Clerk Jesse DiTommaso A)00:03:09 Call to Order -6:00 PM -WebEx Video Conference B)00:03:16 Pledge of Allegiance and a Moment of Silence C)00:03:47 Changes to the Agenda CM Mihelich announced, due to a conflict, there will be a Consent Agenda 1 with items 1-4 and 6-18 as well as a Consent II with item 5. D)00:04:31 Public Service Announcements D.1 There will be no City Commission meeting on June 29 or July 6, 2021. City Offices will be closed on July 5 in observance of Independence Day. Independence Day is a garbage holiday and collection will be delayed one day. DCC announced there will be no City Commission Meeting on Tuesday, June 29, 2021 as it is the fifth Tuesday of the Month. There will be no City Commission Meeting on Tuesday, July 1, 2021 in observance of Independence Day. Independence Day is a garage holiday and collections will be delayed one day. E)00:05:06 FYI DM Cunningham noted the Climate Partners Action group meeting on Thursday, June 24, 2021 at 2:00pm. DM Cunningham noted that the Commissioners may not be looking at the cameras this evening due to the number of resources they will be referencing. Cr. Pomeroy thanked City Staff for being professional while she paid a parking ticket. 40 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 2 of 17 CM Mihelich announced Bozeman is in the early stages of a drought. The City is asking residents to reduced their overall consumption of water and to please discontinue all burning activities. He asked residents forgo the use of any fireworks considering the drought and forecast. F)00:09:14 Commission Disclosures Cr. Madgic disclosed that she has a conflict on Consent Item G5 and will be recusing herself. G)00:09:39 Consent G.1 Accounts Payable Claims Review and Approval G.2 Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger Stale Checks for Writeoff 0621.pdf G.3 Authorize the Mayor to Sign a Findings of Fact for Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 20447 Findings of Fact.docx G.4 Approve the Final Plat for the Gran Cielo Phase 1A Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 20362 20362 Staff Memo 1 of 3 Gran Cielo Final Plat Phase 1A 2 of 3 Gran Cielo Final Plat Phase 1A 3 of 3 Gran Cielo Final Plat Phase 1A G.5 Approve the Final Plat Application for the Bridger View Planned Unit Development Subdivision, a 71 lot Subdivision for the Construction of 72 Buildings Hosting 62 Dwellings on 8.02 acres, Application 21077 20362 FP_transmittal.docx FinalPlat_06022021_2of5.pdf FinalPlat_06022021_3of5.pdf FinalPlat_06022021_4of5.pdf FinalPlat_06022021_5of5.pdf FinalPlat_06022021_1of5.pdf 07 Findings_of_Fact_09142020.pdf 32 CommonOpenSpaceEasement_06022021.pdf 32 EmergencyAccessEasement_06022021.pdf 32 SewerAndWaterEasement_06022021.pdf 32 StormwaterEasement_06022021.pdf 32 UtilityEasement_06022021.pdf G.6 Authorize the City Manager to Sign a Notice of Award to Allied Trenchless in the Amount of $481,095 for Construction of the Downtown Stormwater Trunk Rehabilitation Project Bid Tab - Signed.pdf Downtown Stormwater Trunk Project - Notice of Award.docx Downtown Stormwater Trunk Project - Project Drawings.pdf G.7 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Bozeman Boulders, LLC for the Palisades Condominiums Site Plan Project (20117) Conditional Irrevocable Offer of Dedication 41 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 3 of 17 G.8 Authorize the City Manager to Sign an Agreement for the Ownership, Location, and Maintenance of Transit Shelters Located within the City of Bozeman Agreement for Transit Shelters Located within the City of Bozeman_final.docx 20210611_Bus Shelter List _final.pdf G.9 Authorize the City Manager to Sign a Timber Sale Contract with DS Jr. Trucking Inc. for the Phase 1 Sourdough Fuels Reduction Project Timber Sale Contract_Phase1 Sourdough Fuels G.10 Authorize the City Manager to Sign a Software License Agreement with Ascendant Strategy Management Group, LLC for a Community Dashboard Platform ClearPoint License Agreement.docx G.11 Authorize the City Manager to Sign a Professional Services Agreement with OnSite Energy for Solar Site Assessments for City Facilities Professional Services Agreement with Onsite Energy for Solar Site Assessments_20210622.pdf G.12 Authorize the City Manager to Sign a Professional Services Agreement with Playco Park Builders Inc. for Installation of Playground Equipment at Oak Meadows Park. PSA Playco Park Builders Inc..pdf G.13 Authorize the City Manager to Sign a Professional Services Agreement Term Contract with Economic and Planning Systems (EPS) for Professional Services to Support Economic Development and Community Housing Programs and Task Order 1 under the Term Contract EPS PSA FY22-27.docx EPS Task Order 1 Form.docx 213051-EPS Market Update Scope 06-07-2021.pdf G.14 Authorize the City Manager to Sign a Task Order Number 18 for the Right of Way Acquisition Project for Story Mill Road Reconstruction from Bridger Drive to Griffin Drive and the Bridger/Story Mill Intersection ROW Acquisition Task Order #18 Story Mill Road.pdf G.15 Authorize the City Manager to Sign a First Amendment to the Development Agreement for the Ruh Building First Amendment to Development Agreement.Ruh Building.docx G.16 Resolution 5312, Certification of Delinquent City Assessments to the County Resolution 5312-Certification of Delinquent 2nd half-FY 2021.docx Schedule A 060921.pdf G.17 Resolution 5313, Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu of Parkland Calculations Res 5313 - Determination of CILP valuation 2020.docx Exhibit A - Cash in Lieu of Parkland Report.pdf G.18 Ordinance 2060, Final Adoption of the NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011 21011 NWE Glen Lake ZMA 2060.docx Northwestern_East_Parcel_Zoning_Exhibit_05-11-21.pdf 00:09:51 CM Mihelich provided the highlights of the Consent Agenda. 00:11:50 Public Comment 42 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 4 of 17 Mayor Andrus opened the meeting for public comment on Consent Agenda I and Consent Agenda II. 00:13:48 Christopher Brizzolara, Public Comment Christopher Brizzolara commented in support of the Bridger View PUD. He noted his personal proposal for affordable housing. 00:14:56 Emily Talago, Public Comment Emily Talago commented in opposition to item G13, a contract with Economic Professional Services. 00:18:27 Motion I move to approve Consent Items 1-4 and Consent Items 6-18 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:18:46 Vote on the Motion to approve I move to approve Consent Items 1-4 and Consent Items 6-18 as submitted.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 00:19:22 Motion I move to approve Consent Item G5 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:19:30 Vote on the Motion to approve I move to approve Consent Item G5 as submitted.The Motion carried 4 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: 43 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 5 of 17 None H)00:20:02 Public Comment Mayor Andrus opened the meeting for general public comment. 00:22:37 Christopher Brizzolara, Public Comment Christopher Brizzolara commented on minimum wage and engagement. 00:26:25 Norris Blossom, Public Comment Norris Blossom the student body president of Montana State University commented in support of Streamline's full budget request. 00:28:40 Linda Gabel, Public Comment Linda Gabel commented on allocating funds toward mental health services. 00:32:25 Jan Strout, Public Comment Jan Strout commented on using the budget to study marginalized women and girls affected by the Corona virus, to move money from the police budget to crisis response, and to use ARPA funds for direct assistance for marginalized women. 00:36:11 Mark Egge, Public Comment Mark Egge commented in support of Streamline's full budget request. 00:39:24 Emily Talago, Public Comment Emily Talago commented in support of staff's outreach to the community. 00:41:49 Lei-Anna Bertelsen Lei-Anna Bertelsen, speaking on behalfof the Task Force to Advance the Status and Safety of Women and Girls, commented in support of the GAPS Analysis and urged the Commission to allocated money to Diversity Equity and Inclusion. 00:45:06 Commission Responds to Public Comments I)00:47:29 Action Items I.1 00:47:31 Resolution 5308 Adopting Fiscal Year 2022 Budget Final Budget Adoption Information.docx Overall FY22 Budget Summary.pdf FY2022 Detail Appropriations and fund balances.pdf 44 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 6 of 17 Resolution 5308- FY22 Appropriation Resolution.docx Binder For Final Budget Ranking of FTE and CIP.pdf 00:47:31 CM Introduction 00:47:28 Staff Presentation CM Mihelich presented an overview of the budget process. He also provided the highlights of the budget and a financial summary by fund and type. He highlighted items of note. 00:55:42 Questions of Staff 01:36:44 Public Comment 01:37:50 Ralph Zimmer Ralph Zimmer commented the line items titled "bicycle improvements" are funds for bike and pedestrian improvements. He encouraged an amendment to change the label on the items to "bike/ped" or "nonmotorized". 01:40:42 Emily Talago Emily Talago commented on mental health services and moving police funds in order to put more money toward CRT. 01:40:51 Damian Dlakic Damian Dlakic commented on affordable rent. He commented on using the police budget increase for mental health professionals. He commented on preserving open space. 01:48:08 Sunshine Ross Sunshine Ross, HRDC's transportation director, commented on funding Streamline's budget request. 01:51:32 Natalie Wilkinson Natalie Wilkinsoncommented in support of moving money from the police budget to social welfare programs. 01:56:29 Hunter Ricow Hunter Ricow commented on police body cameras and crisis response. 02:00:40 Evan Rainey Evan Rainey commented on public comments regarding progressive change. 45 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 7 of 17 02:03:56 Vanessa Palmer Vanessa Palmer, HRDC's Transportation Program Manager, commented in support of funding Streamline's budget request. 02:08:31 Motion I move to approve Resolution 5308 adopting the City's Fiscal Year 2022 budget. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:09:16 Motion I move increase expenditures in the public works administration fund up to $36,000 for grant writing contracted services. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:10:16 Discussion Mayor Andrus spoke in support of the motion as it is part of the Strategic Plan. She noted the City used to have this position. DM Cunningham spoke in support of the motion due to the complications of grants and federal funds. Cr. Madgic spoke in support of the motion for reasons stated. Cr. Coburn said he will support the motion in hopes that the grant writer will look at a broad scope of grants available. Cr. Pomeroy spoke in support. 02:15:01 Vote on the Motion to approve I move increase expenditures in the public works administration fund up to $36,000 for grant writing contracted services. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:15:38 Motion I move to allocate $30,000 of general fund money to assisting the creation of a sobering center/intake center in Gallatin County. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:16:06 Discussion 46 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 8 of 17 DM Cunningham commented in support of the motion as it fulfills Strategic Plan Item 1.4.2 to enhance and provide non-medical social detoxification services. Cr. Madgic will support this motion for reasons stated by Deputy Mayor. Cr. Coburn spoke in support of the motion for reasons. Cr. Pomeroy spoke in support of the motion. DM Cunningham clarified his motion is following a recommendation of Gallatin Valley Behavioral Health for an intake center to begin the detox process. Mayor Andrus will be supporting the motion. She noted that mental health services are not in the list of goals and priorities the Commission set this year, but it is in the strategic plan. 02:26:47 Vote on the Motion to free form I move to allocate $30,000 of general fund money to assisting the creation of a sobering center/intake center in Gallatin County. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:27:15 Motion I move to add $100,000 in appropriation for arterial and collector funds to fund a bicycle blvd engineering study with the goal of identifying a minimum of two bicycle boulevards from our Transportation Master Plan and performing the necessary engineering studies to prepare them for inclusion in a future Capital Improvement Plan. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:27:55 Discussion DM Cunningham highlighted bicycle boulevards are a safe way to prioritize bicycles in certain routes that allow bicycles to safely travel. He noted that the Transportation Master Plan has dozens types of proposed bicycle boulevards. He hopes that the creation of safe bike routes will increase bicycle usership throughout the City. Cr. Madgic spoke in support of the motion for reasons previously stated and added it could increase bike commuters. Cr. Coburn spoke will be supporting the motion. Cr. Pomeroy spoke in support of the motion. Mayor Andrus spoke in support of the motion as part of the Strategic Plan and the Climate Plan implementation. 02:32:17 Vote on the Motion to approve I move to add $100,000 in appropriation for arterial and collector funds to fund a bicycle blvd engineering study with the goal of identifying a minimum of two bicycle boulevards from our Transportation Master Plan and performing the necessary engineering studies to prepare them for inclusion in a future Capital Improvement Plan. The Motion carried 5 - 0 47 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 9 of 17 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:32:50 Motion I move to increase the Community Housing Funds from 3 mills to 4 mills paid for with a 1 mil increase. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:33:09 Discussion Deputy Mayor Cunningham spoke in support of the motion because the affordable housing crisis is a number one priority. He noted of the loss of inclusionary zoning. Cr. Madgic spoke in support of the motion. Mayor Andrus will not be supporting the motion due to a potential tax increase in the year after Covid. Cr. Coburn will be supporting the motion. He asked DM Cunningham for an increase of 2 mils instead of the original 1 mil proposal. Cr. Pomeroy spoke in support of the motion for 1 mil increase. Due to Commission support, DM Cunningham amended his oringal request to a 2 mil increase brining the total Community Housing Funds to 5 mils. 02:42:59 Motion I move to increase the Community Housing Funds from 3 mils to 5 mils paid for with a 2 mil increase. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:43:24 Discussion DM Cunningham noted what 5 mills could do in negotiations with developers to bring in missing middle housing and affordable housing. Cr. Madgic will be supporting the motion. Mayor Andrus will not be supporting the motion for reasons previously stated. Cr. Coburn spoke in support of the motion. Cr. Pomeroy spoke in support of the motion. 02:49:47 Vote on the Motion to approve I move to increase the Community Housing Funds from 3 mils to 5 mils paid for with a 2 mil increase. The Motion carried 4 - 1 Approve: 48 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 10 of 17 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: Cyndy Andrus 02:50:30 Motion I move to add $500,000 in ARPA funds from contracted services for assistance to households. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:50:44 Discussion Cr. Madgic noted public comments regarding people struggling in the community. Cr. Coburn noted he feels $500,000 is not enough but there may not be enough support to get more money. He noted unmet community needs due to the pandemic. Cr. Pomeroy spoke in support of the motion due to reasons stated by other commissioners. Mayor Andrus will be supporting the motion and noted her agreement with the structure put forth by Staff. Deputy Mayor Cunningham will be supporting the motion. He voiced his hesitation in using one RFP and soliciting one partner as opposed multiple; however, he noted they are not talking about the specifics in the motion. CM Mihelich gave a brief overview of the proposed structure of the RFP for selecting and distributing the assistance. 02:56:52 Vote on the Motion to approve I move to add $500,000 in ARPA funds from contracted services for assistance to households.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:57:21 Motion I move to support Streamline's request for an extra $100,000 with funds from REAL Training and the Scanning Budget. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:58:15 Discussion 49 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 11 of 17 Cr. Madgic highlighted the public comments made in support of the Streamline funding request and noted Streamline is considered when the City is considering how to grow. She spoke in support of more partners to create a largertransportation network. Cr. Coburn spoke in support of the motion and highlighted the work done by the HRDC and Streamline. Cr. Pomeroy spoke in support of the motion and thanked HRDC for all services the provide to the community. DM Cunningham noted a transportation study completed last year and the potential of becoming an MPO. He noted the City may not be a reliable source of funding without outside funding. Mayor Andrus noted she does not want to remove funds from REAL training or the scanning project and highlighted that once the City becomes an MPO, there will be more funding. She noted that the City is fulfilling the majority of the Streamline request and the County has chosen not to fund Streamline. CM Mihelich clarified even with the removal of $30,000 from REAL training budget, there will still be money to do the training because of a received grant. Mayor Andrus clarified she will be supporting the motion if it does not negatively impact the DEI training. 03:08:50 Vote on the Motion to approve I move to support Streamline's request for an extra $100,000 with funds from REAL Training and the Scanning Budget. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:10:03 Motion I move to reallocated $200,000 from the police budget to fund a nonpolice crisis response study and implementation. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:10:40 Discussion Cr. Coburn highlighted a crisis response team is in section 1.1.3 of the Strategic Plan, to establish a non law enforcement crisis response program. He noted some capital items in the police budget that are not critical. He would like to use those funds to create a non law enforcement program. Cr. Pomeroy will not be supporting the motion. She noted Bozeman's safe community stems from good police officers. 50 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 12 of 17 DM Cunningham noted the county wide program in which crisis responders show up alongside law enforcement. He agreed there is a need to study a broader model of crisis response, such as CAHOOTS. He will not be able to support the motion. Cr. Madgic agreed with Cr. Pomeroy and DM Cunningham and noted she would prefer to be cautious and change a system in incremental steps. Mayor Andrus will not be supporting the motion. She would like to learn more about a crisis response model. 03:23:22 Vote on the Motion to approve I move to reallocated $200,000 from the police budget to fund a non-police crisis response study and implementation. The Motion failed 1 - 4 Approve: Christopher Coburn Disapprove: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 03:23:50 Motion I move to add $10,000 to general fund for a non-police crisis response study. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:24:11 Discussion Cr. Coburn noted he would rather create a program than study one, but he would like to start moving non police crisis response forward. Cr. Pomeroy asked for clarification. Cr. Madgic will be supporting the motion for reasons previously stated by Cr. Coburn. DM Cunningham highlighted this money is not in the original recommended budget proposal, but has been added to the recommend budget slides. He will be supporting this motion. Mayor Andrus will be supporting this motion and feels the amount of money is appropriate. 03:31:00 Vote on the Motion to approve I move to add $10,000 to general fund for a non police crisis response study.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 51 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 13 of 17 03:31:22 Additional Discussion 03:45:15 Vote on the Motion to free form I move to approve Resolution 5308 adopting the City's Fiscal Year 2022 budget. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:45:36 Mayor Andrus called the meeting to recess. 03:52:15 Mayor Andrus called the meeting back to order. I.2 03:52:14 Ordinance 2076, Generally Revising the Regulations of Firearms and Other Weapons in City Facilities ORDINANCE NO. 2076 generally revising regulation of firearms and other weapons.pdf LR-130.pdf HB 102.pdf 03:52:19 City Manager Introduction 03:52:58 Staff Presentation Assistant City Attorney, Anna Saverud, presented the Ordinance. Her presentation included an overview of new state laws that have changed the previous firearms and weapons regulations. She gave a summary of Ordinance 2076 and provided the recommended motion. 04:00:10 Mayor Andrus extended the meeting until 10:30pm. 03:54:13 Questions of Staff 04:01:03 Public Comment There were no public comments. 04:03:38 Motion I move to provisionally adopt Ordinance 2076, generally revising the regulation of firearms and other weapons in city facilities, revising definitions, and providing for screening and denial of entry to city facilities for non-compliance. Jennifer Madgic: Motion Christopher Coburn: 2nd 52 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 14 of 17 04:04:03 Discussion 04:06:08 Vote on the Motion to approve I move to provisionally adopt Ordinance 2076, generally revising the regulation of firearms and other weapons in city facilities, revising definitions, and providing for screening and denial of entry to city facilities for non-compliance. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J)04:06:36 Work Session J.1 04:06:39 Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City's Adopted Strategic Plan Board Consolidation Proposal Staff Memorandum May 27, 2021.docx Board Appendix.docx 04:06:48 Staff Presentation CM Mihelich provided the staff presentation. He presented the concept of high performing boards and their advantages. He reviewed engagement done with the board chairs in order to form the proposed structure. He highlighted the current board structure and the consolidated board structure. CM Mihelich noted what the "super boards" will look like and possible changes to the initial proposal that were provided by the Commission. 04:12:13 Questions of Staff and Revisions from Commission 04:41:56 Public Comment 04:43:32 Ralph Zimmer, Public Comment Ralph Zimmer commented in opposition to the Pedestrian and Traffic Safety Board being a part of the Transportation Super Board. 04:47:23 Mayor Andrus extended the meeting until 11:00pm. 04:47:18 Marilee Brown, Public Comment Marilee Brown spoke on behalf of PTS in opposition to the Pedestrian and Traffic Safety Board being a part of the Transportation Super Board. 04:51:15 Jason Delmue, Public Comment 53 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 15 of 17 Jason Delmue commented on behalf of the Bozeman Area Bicycle Board the following: 1) do not eliminate BABAB due to their specific perspective 2) Ensure the Transpiration Super Board requires a certain number of members with bike specific knowledge 3) not to have term limits 4) the role of the impact fee advisory committee include street impact and be a part of the Transportation Super Board 5) include transit in the Transportation Super Board 6) add parking to Transportation Super Board. On his own behalf, Jason Delmue commented in support of the Historic Preservation Advisory Board separate from the Community Development Super Board. He believes the Community Development Super Board should be capped at 9 members. 04:55:23 Direction to City Manager 05:04:03 Mayor Andrus extended the meeting until 11:20pm. Communications Coordinator Melody Mileur Tracked Commission Changes and Direction Consolidated Boards Independent Boards Community Development Planning Zoning Design Review Board (DRB) Impact Fees Library Board Ethics Board Inter Neighborhood Council (INC) Downtown Urban Renewal District (URD) All Other URDS combined Transportation Coordinating Committee (TCC) Historic Preservation Advisory Board (HPAB) MAYORAL LIAISON: Building Board of Appeals Fire Board of Appeals Police Commission Other Direction: Community Development and Transportation – TWO THREE YEAR TERMS Urban Parks & Forestry, Sustainability, and Economic Vitality –TWO TWO YEAR TERMS Develop measurable metrics for diversity, equity, and inclusion on boards Change Community Development Board members to 9 total Review plan in 2 years Economic Vitality Community Housing Diversity, Equity, Inclusion Economic Development Sustainability Recreation & Parks Advisory Board (Recreation) Beautification Climate Urban Parks & Forestry Tree Cemetery Recreation & Parks Advisory Board (Parks) Transportation Parking Pedestrian Traffic Safety Committee (PTSC) 54 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 16 of 17 Other Direction: Community Development and Transportation –TWO THREE YEAR TERMS Urban Parks & Forestry, Sustainability, and Economic Vitality –TWO TWO YEAR TERMS K)05:14:59 Appointments K.1 05:15:03 Appointment to the Parking Commission 06-07-21 CAB Application - M. Egge, reapplicant.pdf 05:15:12 Public Comment There were no public comments. 05:16:47 Motion I move to appoint one member, Mark Egge, to the Parking Commission with a term ending June 30, 2025. Terry Cunningham: Motion Jennifer Madgic: 2nd 05:16:58 Vote on the Motion to free form I move to appoint one member, Mark Egge, to the Parking Commission with a term ending June 30, 2025. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L)05:17:22 FYI / Discussion M)05:17:57 Adjournment ___________________________________ Cynthia L. Andrus Mayor Bozeman Area Bicycle Advisory Board 55 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 17 of 17 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: 56 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 13, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent:Commissioner Coburn Staff Present in the Webex: City Manager (CM) Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A)00:03:09 Call to Order -6:00 PM -WebEx Video Conference B)00:03:18 Pledge of Allegiance and a Moment of Silence C)00:03:44 Changes to the Agenda There were no changes to the agenda. D)00:04:05 Authorize Absence D.1 00:04:06 Authorize the Absence of Commissioner Coburn 00:04:11 Motion I move to approve the absence of Commissioner Coburn. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:04:24 Vote on the Motion to approve I move to approve the absence of Commissioner Coburn.The Motion carried 4 –0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 57 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 2 of 9 G)00:04:43 Approval of Minutes G.1 Approve the Regular Meeting Minutes From: June 8, 2021 June 15, 2021 June 22, 2021 06-08-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 06-15-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 06-22-21 DRAFT Minutes City Commission Meeting.docx 00:04:50 Motion I move to approve the combined City Commission minutes as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:05:03 Vote on the Motion I move to approve the combined City Commission minutes as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None E)00:05:31 FYI CM Mihelich highlighted the Office of Management and Budget has abandoned the idea of changing the size of a metropolitan area from 50,000 to 100,000. F)00:07:41 Commission Disclosures There were no commission disclosures. H)00:07:50 Consent H.1 Accounts Payable Claims Review and Approval H.2 Approve the Allison Phase 4B Subdivision Final Plat, South 11th Avenue and Arnold Street, Application 20430 (Quasi-Judicial) 20430 Allison 4B FP Sheet 1 of 3.pdf 20430 Allison 4B FP Sheet 2 of 3.pdf 20430 Allison 4B FP Sheet 3 of 3.pdf Findings of Fact and Order - Allison Phase 4 Major Subdivision PreliminaryPlat 19002.pdf 20430 Allison FP staff report.pdf H.3 Authorize the City Manager to Sign a Utility Easement for Telephone, Electric Power, Gas, Internet, Cable Television or Other Similar Utilities or Services for the New Age Artisan MOD (21128) Utility Easement 58 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 3 of 9 H.4 00:08:17 Authorize the Mayor to Sign a Memorandum of Understanding with Montana State University (MSU) for Collective Understanding for Future of Fire Station #2 Memorandum of Understanding with Montana State for Fire Station 2.pdf H.5 Authorize the City Manager to Sign a Desktop SCADA PC Upgrade Proposal with Pall Water City of Bozeman Desktop PC upgrade Final.pdf H.6 Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart to Provide Right of Way Acquisition Services on a Term Contract Basis from the Date of Execution Until July 2023 Professional Service Agreement, Exhibit A H.7 Authorize the City Manager Sign a Professional Services Agreement with Morrison Maierle, Inc. for the Sourdough Intake Project ARPA Competitive Grant Application PSA_Sourdough Intake ARPA Grant H.8 Authorize the City Manager to Sign a Professional Services Agreement with Agency Landscape and Planning, LLC for the Parks, Recreation and Active Transportation Plan PSA Agency LP.docx Attachment A_Agency LP proposal.pdf Attachment B.2021-03.Parks-Rec-Trails-Plan.RFP.pdf H.9 Ratify City Manager's Signature on a Professional Services Agreement with Pine Technologies to Provide Technical Support for Justware, the City Attorney's Office Case Management System Signed PSA with Pine Technologies.pdf H.10 Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget for the Design of Fire Station #2 B121-2018 - Final - 001_06252021-.pdf B221-2018 - Final - 002_06252021.pdf ThinkOne Hourly Billing Rates 2021.pdf MMI Standard Billing Rate Schedule - 2021.pdf ACE 2021 rates.pdf TCA 2021 Fee Schedule.doc 2021_06_01 Bozeman Fire Station No. 2 - Geotech Proposal.pdf H.11 Authorize the City Manager to Sign a Professional Services Master Task Order Agreement Term Contract with Advanced Engineering and Environmental Services, LLC (AE2S) for SCADA On-Call Services and Task Orders 1 and 2 under the Term Contract SCADA On-Call Services Master Services Agreement SCADA On-Call Services Task Order 1 SCADA On-Call Services Task Order 2 H.12 Authorize City Manager to Sign an Amendment Number 2 to the Professional Services Agreement with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2 Project Amendment 2 Sourdough Phase 2 - 30-Inch Tran. Main Funding, Bidding, and Construction RP 6-29-2021.pdf H.13 Resolution 5314, Authorizing Change Order Number 3 with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project CO3-resolution.doc Change Order No. 3.pdf 59 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 4 of 9 H.14 Approve Resolution 5318, Declaring the Intent of the Commission to Abandon Portions of Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive and Direct Staff to Bring Back a Final Resolution to Abandon Said Easement Abandonment_ExhibitA_Sealed NOTICE OF INTENT TO VACATE Resolution 5318 - Owners List Resolution 5318 -Abandonment H.15 Final Adoption of Ordinance 2078 Adopting the Health Code by Reference Ordinance 2078 Final.pdf Health Code Chapter 1.pdf Health Code Chapter 2.pdf Health Code Chapter 3.pdf 00:07:59 CM Mihelich provided the highlights of the Consent Agenda. 00:10:19 Public Comment There were no public comments on the consent agenda. 00:13:11 Motion I move to approve Consent Items 1-15 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:13:33 Vote on the Motion I move to approve Consent Items 1-15 as submitted.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None I)00:13:50 Public Comment There were no general public comments. J)00:17:29 Action Items J.1 00:17:30 Resolution 5315, Declaring a Stage Two Drought, Implementing Stage Two Drought Response Measures and Stage Two drought Surcharges, and Authorizing the Bozeman City Manager to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and Implement Additional Drought Response Measures through Administrative Orders REVISED Resolution 5215 Stage 2 Drought Declaration.docx Examples of Drought Outreach Messaging Materials.pdf 00:17:31 City Manager Introduction 60 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 5 of 9 00:19:26 Staff Presentation Water Conservation Specialist Jessica Ahlstrom presented the Resolution. She introduced the 2017 Drought Management Plan for broader context. She outlined drought response measures. Jessica Ahlstrom presented Bozeman's current drought conditions, the drought tool used to determine the drought score, and weather patterns across the state. She compared Bozeman's current water demands with those of the last three years and the statewide drought response. Ms. Ahlstrom outlined staff recommendations and the planned drought education campaign. She noted the City's drought response measures. She ended her presentation with future drought stages and a drought declaration action timeline. 00:44:05 Questions of Staff 01:09:49 Public Comment Mayor Andrus opened this item up for public comment. 01:12:09 Mark Egge, Public Comment Mark Egge commented suggesting seasonal water rates, eliminating the HCF minimum, and removing requirements in the development code that requires a certain amount of vegetative covering. 01:16:34 Emily Talago, Public Comment Emily Talago commented she is thankful for the water conservation work done by City staff. 01:18:26 Motion I move to approve Resolution 5315, Declaring a Stage Two Drought, Implementing Stage Two Drought Response Measures and Stage Two drought Surcharges, and Authorizing the Bozeman City Manager to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and Implement Additional Drought Response Measures through Administrative Orders and amending the resolution to include the following response measures in section 1. Water Shall be prohibited between the hours 10:00am and 6:00pm. Watering shall be prohibited on Mondays except for irrigator operating under special exemption as approved by the Director of Public Works. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:19:32 Discussion Cr. Pomeroy stated she wished the City could declare stage one drought restrictions and gradually move to stage two, but acknowledged the need for stage two due to the heat. She noted the City Attorney and City Manager assured her there was sufficient public notice. DM Cunningham highlighted the Integrated Water Resources Plan andthe City's largest line items in terms of expenditures in the CIP generally have to do with water. He noted the value in the Drought Management plan as well as a water conservation specialist. He encouraged the community to view water conservation as a city wide effort. Cr. Madgic noted she feels that stage two water restrictions are appropriate due to the dramatic shifts in weather. She asked fellow residents to voluntarily go to stage three and stop watering lawns or only water portions of lawns. Mayor Andrus stated she is grateful for the Drought Management Plan and Integrated Water Resources Plan. She highlighted a newspaper article from 2018 regarding the City's three 61 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 6 of 9 pronged approached, especially conservation. She noted the water conservation rebates offered by the City. She reiterated that water conservation is something everyone in the community needs to work toward. 01:32:17 Vote on the Motion to approve I move to approve Resolution 5315, Declaring a Stage Two Drought, Implementing Stage Two Drought Response Measures and Stage Two drought Surcharges, and Authorizing the Bozeman City Manager to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and Implement Additional Drought Response Measures through Administrative Orders and amending the resolution to include the following response measures in section 1. Water Shall be prohibited between the hours 10:00am and 6:00pm. Watering shall be prohibited on Mondays except for irrigator operating under special exemption as approved by the Director of Public Works. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 01:32:37 Mayor Andrus called the meeting into recess. 01:40:20 Mayor Andrus called the meeting back to order. J.2 01:40:25 Resolution 5311, Submitting to the Voters the Question of Authorizing the City to Exceed the Statutory Mill Levy Limits Through An Annual Levy of Up to Seven (7) Mills for the Purpose of Community Housing Mill Levy Resolution Comm Housing 6 29 21 FINAL.docx 01:40:29 CM Introduction 01:41:01 Staff Presentation on Items J2 and J3 CM Mihelich presented Resolution 5311 and Resolution 5316. He provided a timeline for the ballot resolutions. He began with Resolution 5311, regarding a Community Housing Levy of up to 7 mills outside of the General Fund levy cap. He highlighted the purpose of community housing efforts. He provided the cost of a 7 mill levy on the medium home, the estimated mill revenue and estimated revenue and cumulative impact. He then presented Resolution 5316, calling for election for General Obligation bonds for Fire Station 2 Relocation and Recreational Facilities Renovations. He provided the reasons for the need to relocate Fire Station 2. He provided the reasons for the need to renovate recreation facilities. He provided the Facility Bond taxpayer impact and the staff recommendation. 01:50:23 Questions of Staff 02:22:57 Public Comment Mayor Andrus opened items J2 and J3 up for public comment. 62 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 7 of 9 02:26:28 Mark Egge, Public Comment Mark Egge commented in support of the community housing levy. He commented that there are parts of City Code that create barriers to affordable housing. He encouraged the Commission to take action on consultant recommendations regarding the city code. 02:29:07 Motion I Move to Approve Resolution 5311, Submitting to the Voters the Question of Authorizing the City to Exceed the Statutory Mill Levy Limits Through An Annual Levy of Up to Seven (7) Mills for the Purpose of Community Housing. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:29:35 Discussion DM Cunningham explained why he feels the lack of affordable and middle class housing is the number one problem facing the community. He noted state legislative action that has made it harder to create affordable housing. He highlighted the City's ongoing efforts to address the housing crisis and the necessity of subsidies. Cr. Madgic agreed with DM Cunningham regarding housing being the number one problem facing Bozeman and noted she has not been in a commission meeting in which the issue of housing has not come up. She also noted her concern for those who work in Bozeman, but cannot afford to live in Bozeman. Cr. Pomeroy agreed with her fellow Commissioners and spoke in support of the motion. Mayor Andrus noted in her State of the City from 2018 in which she highlighted affordable housing as a problem facing Bozeman. She highlighted that they have not been able to address the issue until now. She also highlighted state legislative action that has made housing funds harder to create. She said she is hopeful the bond will be success because she believes it will allow for more room for strategic thinking about affordable housing. She spoke about community members who have reached out to her about difficulties related to housing. 02:46:15 Vote on the Motion I Move to Approve Resolution 5311, Submitting to the Voters the Question of Authorizing the City to Exceed the Statutory Mill Levy Limits Through An Annual Levy of Up to Seven (7) Mills for the Purpose of Community Housing.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None J.3 01:40:25 Resolution 5316, Calling for Election for General Obligation Bonds for Fire Station 2 Relocation and Recreation Facilities Renovations Resolution 5316 Calling for Election Fire Station Rec Center Final.docx 02:46:38 Motion I move to approve Resolution 5316, Calling for Election for General Obligation Bonds for Fire Station 2 Relocation and Recreation Facilities Renovations. 63 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 8 of 9 Terry Cunningham: Motion Jennifer Madgic: 2nd 02:46:58 Discussion DM Cunningham spoke in support of the motion. He will be supporting the relocation of Fire Station 2 for safety concerns and the necessity for facilities' renovations in order to keep City facilities available for the future. He noted his concern regarding property tax relief. He highlighted state legislative barriers to property tax relief. Cr. Madgic will be supporting the motion. She highlighted the partnership with MSU for the relocation of Fire Station 2. She noted she believes in a fix it first mentality when it comes to facilities that are very loved in the community and need to be taken care of. She agreed with DM Cunningham regarding property tax relief efforts and sensitivity. Cr. Pomeroy agreed with her colleagues and will be supporting the motion. She noted she is thankful for MSU's cooperation. She believes the current facilities are loved by the community and need to be taken care of. Mayor Andrus spoke in support of the motion and noted the Commission is sensitive to property tax costs. She highlighted the Commission is working on solutions for property tax relief. 02:55:20 Vote on the Motion to free form I move to approve Resolution 5316, Calling for Election for General Obligation Bonds for Fire Station 2 Relocation and Recreation Facilities Renovations. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K)02:55:35 Appointments K.1 02:55:37 Appointments to the Northeast Urban Renewal Board (NURB) 06-30-21 CAB Application - Charlie Kees, new applicant.pdf 06-10-21 CAB Application - J. Wesley-Wiese, reapplicant.pdf 02:55:40 Public Comment There were no public comments. 02:58:25 Motion I move to appoint members to the Northeast Urban Renewal Board with the following positions and terms: Mr. Charlie Kees, voting member, business owner within the district, with a term expiring on July 31, 2022;and Ms. Jeanne Wesley-Wiese, voting member, resident within the district, with a term expiring July 31, 2025. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 64 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 9 of 9 02:59:20 Vote on the Motion I move to appoint members to the Northeast Urban Renewal Board with the following positions and terms: Mr. Charlie Kees, voting member, business owner within the district, with a term expiring on July 31, 2022;and Ms. Jeanne Wesley-Wiese, voting member, resident within the district, with a term expiring July 31, 2025.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None L)02:59:37 FYI / Discussion CM Mihelich clarified Bogert Pool was construction in 1938. Cr. Madgic asked CM Mihelich to explain why the pool is not open on weekends. CM Mihelich clarified it is a staffing issue. He noted efforts to remedy the shortage including raising wages, benefits, and changing the way the City advertises for seasonal workers. M)03:01:28 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: 65 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, July 20, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, Assistant City Attorney (CA) Anna Saverud, City Clerk (CC) Mike Maas A) 00:04:43 Call to Order - 6:00 PM - WebEx Videoconference B) 00:07:32 Pledge of Allegiance and a Moment of Silence C) 00:08:07 Changes to the Agenda There were no changes to the agenda. D) 00:08:18 FYI • Mayor Andrus reminded the public about the drought situation and the need to conserve water. • Cr. Coburn reminded the public about vaccine availability from the Health Department and Bozeman Health. • CM Mihelich shared the Gallatin County's emergency temporary fire ban; he stated the City will follow suit in the coming days. CM Mihelich echoed the statement of the Mayor related to the drought declaration, provided an update on the water conservation effort, and that drought conditions are still progressing. E) 00:12:35 Commission Disclosures • DM Cunningham disclosed that he went to the Bridger Meadows site and that he was contacted by a member of the public related to the action item. • Cr. Pomeroy disclosed that she too went to the site of the Bridger Meadows application. • Cr. Madgic also visited the site. • Mayor Andrus also visited the site. • Cr. Coburn also visited the site. 66 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 2 of 9 F) 00:14:21 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize City Manger to Sign a Notice of Award with Montana Lines, Inc. for Operation and Maintenance of Decorative Lighting on Rouse Avenue from Main to Lamme CC Memo Rouse Streetscape Project.docx Notice of Award Rouse.pdf 20210702-B19-096 Recomendation to Award.pdf F.3 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown Bozeman Business Improvement District for Parking Garage Cleaning Services for FY 22 PSA w DT BID for Garage Cleaning Services FY22.docx F.4 Authorize the City Manager to Sign a Professional Services Agreement with The Nest Collective to Provide Consulting and Design Services for Facilities Bond and Housing Mill Levy Education Professional Services Agreement with the Nest Collective for Consulting and Design Services for Facility Bond and Housing Levy Education.pdf F.5 Authorize the City Manager to Sign a Professional Services Agreement with Bridger Analytical Lab to Perform Specific Water Sample Analysis for the Water Treatment Plant to Maintain Compliance with DEQ and EPA Requirements Bridger Analytical PSA-Final.pdf F.6 Resolution 5321 Authorizing the City Manager to (1) Enter into a Memorandum of Understanding with the Gallatin Valley Land Trust Describing the Terms of the West Side Connections and Wayfinding Project and (2) Enter into a License Agreement with GVLT for Project-related Work Within Parks Resolution 5321 West Side TOP.docx Attachment A - GVLT West Side TOP Project - MOU.docx Attachment B - GVLT West Side TOP Project - License Agreement.docx F.7 Resolution 5322, Declaring an Emergency to Exempt the 2021 Pear Street Booster Station Water Main Repair Project from Advertisement for Bids Pursuant to Sec. 7-5- 4303 MCA and Authorizing the City Manager to Sign a Notice of Award with Duneman Construction, Inc. to Complete the 2021 Pear Street Booster Station Water Main Repair Project at a Cost of $96,910.00 as well as Contract Documents Once Received Resolution 5322_FINAL_Pear Street Booster Station Water Main Repair NoticeOfAward.docx F.8 Ordinance 2076, Final Adoption Generally Revising the Regulations of Firearms and Other Weapons in City Facilities ORDINANCE NO. 2076 Generally Revising Regulations of Firearms and Other Weapons in City Facilities Final Adoption.pdf LR-130.pdf HB 102.pdf 00:14:24 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:15:38 Public Comment There were no public comments on the Consent Agenda. 00:18:22 Motion approve Consent Items 1 - 8 as submitted. 67 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 3 of 9 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:18:31 Vote on the Motion to approve Consent Items 1 - 8 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:18:51 Public Comment Mayor Andrus opened general public comment. 00:20:29 Marilee Brown, Public Comment Marilee Brown, member of the Pedestrian Traffic Safety Committee, commented on her own behalf about the MDT hearing on closing the 19th Ave. Bozeman rest area and moving it to Three Forks. The meeting will be held tomorrow virtually. 00:23:40 Nick Allevato, Public Comment Nick Allevato commented that the MDT rest stop is a non-issue. H) 00:24:21 Action Items H.1 00:24:33 Bridger Meadows Preliminary Planned Unit Development, Application 20350 (Quasi-judicial) 20350 PUD CC Staff Report.pdf 00:25:15 Discussion on Process 00:26:17 Staff Presentation Planner Sarah Rosenberg presented the applications for both Action Item 1 and 2. She entered the staff reports into the record. She presented the application as submitted, the general area surrounding the site, the layout of access routes, lots, and open spaces. She presented the PUD intent, and the requested relaxations. She presented a summary of the public noticing, public comments both in favor of and in opposition to, a summary of the action of the Design Review Board and the Planning Board. 00:46:02 Questions of Staff 01:51:25 Applicant Presentation Tom Murphy, land owner and developer, Mike Hickman, engineer, Walter Banzinger, architect, and their hydrologist presented the application. Mr. Murphy presented the reasoning for the requested relaxations, the efforts undertaken to come to this application. Mr. Hickman provided clarification on the most restrictive line presented in yellow in staff's presentation to explain the impacts and 68 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 4 of 9 modification to the floodplain, and mitigation of wetlands, as designated on the preliminary plat drawing. Mr. Hickman presented additional examples of emergency access easements in the City. Alanah Griffith, attorney for the applicant, provided a history of the property. 02:06:34 Questions of Applicant 02:36:06 Meeting went into Recess Mayor Andrus called the meeting into recess. 02:36:21 Meeting Reconvened Mayor Andrus called the meeting back to order. 02:36:22 Public Comment Mayor Andrus opened Action Items 1 and 2 for public comments. 02:41:23 Deenya Rabius, Public Comment Deenya Rabius comment as a member of the homeowners' association on Birdie Dr. and they did not give consent to an access from their private cul de sac. She expressed concern of granting six relaxations for 16 houses. 02:43:39 Jen McKeon, Public Comment Jen McKeon commented that six relations is too many for 16 houses and the hazard created by a single access that will be too close to the current trail. 02:45:04 Brian Bjella, Public Comment Brian Bjella commented in opposition to this project because six relaxations are too many and requested a buffer for current residents and the limitation of a single access. 02:47:24 Michael Rabb, Public Comment Michael Rabb, attorney representing Links Condominium Association, commented on the issues currently under pending litigation. 02:51:09 Kate McDowell, Public Comment Kate McDowell commented in opposition to the project due to flooding concerns and impact on the wetlands. She additionally commented on the traffic impacts. 02:55:07 Lilly McLane, Public Comment Lilly McLane, Restoration Director for the Gallatin Watershed Council, commented in opposition to the watercourse setback relaxation and requested relaxations to the density and minimum lot size. 02:58:13 Marcia Kaveney, Public Comment Marcia Kaveney requested a postponement of decision based on the pending litigation. She recommended the developer requesting relaxations related to lot size instead of watercourse setbacks. She commented on the concerns of parking related to ADU's. 03:02:09 Katie Dolen, Public Comment 69 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 5 of 9 Katie Dolen commented in opposition to the project because of impacts to hydrology, requested a delay until FEMA makes a determination on the pending application before them, concerns for stormwater run-off, and requested barriers between the trail and the road. 03:06:08 Brian Dolen, Public Comment Brian Dolen comment in opposition to the project and questioned what has changed to bring this back for a vote after past failures. He suggested rezoning this land. 03:08:56 Sandra Goetting, Public Comment Sandra Goetting commented in opposition to the project, noting the land was purchased with no access. 03:11:01 Cornell Wiley, Public Comment Cornell Wiley commented regarding the project's impact on quality of life due to traffic concerns and suggested a barrier between the new road and the trail. 03:13:51 Jessica Hodges, Public Comment Jessica Hodges, attorney for Golf Course Partners, commented on issues under pending litigation. 03:15:42 Emily Talago, Public Comment Emily Talago commented on the negotiation aspect of relaxations. 03:19:09 Nick Allevato, Public Comment Nick Allevato commented that previous public comments are irrelevant because they do not own the land. 03:20:30 Applicant Rebuttal 03:23:12 Staff Response 03:25:02 Follow-Up Questions from the Commission 03:51:58 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20350 and move to approve the Bridger Meadows Planned Unit Development with relaxations numbers 1-5, subject to conditions and all applicable code provisions, including a new condition that any wetland setbacks be no less than 35 feet. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:52:52 Discussion DM Cunningham made findings related to relaxations 1-5. 03:57:47 Meeting Extended Mayor Andrus extended the meeting until 10:30 pm. 03:57:57 Discussion continued 70 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 6 of 9 DM Cunningham continued his findings on relaxations 1 - 5. Given that the majority of PUD points earned in this proposal are related to the preservation of wetlands, he stated that any efforts to restrict the preservation of wetlands runs counter to the spirit of the PUD. He stated a reasonable compromise would be 35 feet setbacks from the wetlands. Cr. Madgic agreed with the findings of DM Cunningham. She stated her appreciation for the flexibility and innovation allowed by a PUD and recognized the amount of work they require, and would like to see them simpler to encourage their use. She stated her reluctance to approve relaxation number 1, a single point of access, out of a concern for health and safety. Cr. Coburn agreed with Cr. Madgic's concern related to a second point of access. He stated the application is dependent on understanding based on the past and the hope that the future will follow those assumptions. He stated it is not in best interest of public health and that he does not see the application as a superior product with an innovative design. He will not be able to support the motion. Cr. Pomeroy stated a concern for health and safety related to only one public access and proximity to the floodplain. She stated she could not support the motion. Mayor Andrus stated she does not believe the application is a superior design and there are questions of health and safety. She stated some development in the area is needed, but these relaxations are concerning due to public health and safety. She will not support the motion. 04:14:19 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20350 and move to approve the Bridger Meadows Planned Unit Development with relaxations numbers 1-5, subject to conditions and all applicable code provisions, including a new condition that any wetland setbacks be no less than 35 feet. The Motion failed 1 – 4. Approve: Terry Cunningham Disapprove: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn H.2 04:14:50 Bridger Meadows Major Subdivision Preliminary Plat, Application 20351 (Quasi-judicial) 20351 PP CC Staff Report.pdf 04:15:08 Staff Explanation Community Development Director Marty Matsen provided explanation on the process given the vote on the PUD application. He stated the proposed application no longer complies with the underlying zoning. 04:16:37 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I find that the findings in the staff report for application 20351 are not met as a result of the Commission's actions on the PUD because the proposal no longer meets the zoning requirements. Terry Cunningham: Motion Jennifer Madgic: 2nd 71 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 7 of 9 04:17:20 Discussion DM Cunningham stated without the relaxations of the PUD, he could not make a positive finding that the application meets the zoning requirement. 04:18:33 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I find that the findings in the staff report for application 20351 are not met as a result of the Commission's actions on the PUD because the proposal no longer meets the zoning requirements. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 04:18:56 Bozeman Gateway Phase 4 Major Subdivision, Application 19436 (Quasi- judicial) 19436 CC Staff Report.pdf 04:20:02 Staff Presentation Planner Rosenberg presented the application and entered the staff report into the record. She presented the subject property, the project vicinity, the lots presented in the preliminary plat, the overall master site plan, a summary of noticing, public comment, and recommendation of the Planning Board and Development Review Committee. 04:23:51 Questions of Staff 04:26:57 Meeting Extended Mayor Andrus extended the meeting until 10:45. 04:27:13 Applicant Presentation Jim Ullman, from Morrison-Maierle, presented on behalf of the applicant. He presented the parking provided and the considerations of back-in parking and a potential parking structure. 04:31:31 Questions of Applicant 04:37:48 Public Comment There were no public comments on this item. 04:40:40 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19436 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. 72 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 8 of 9 Jennifer Madgic: Motion Christopher Coburn: 2nd 04:41:02 Discussion Cr. Madgic expressed concern with the lack of parkland on site and the propensity of affordable housing to be developed as apartments. She encouraged a variety of housing. 04:43:57 Meeting Extended Mayor Andrus extended the meeting until 10:50 pm. 04:44:04 Discussion continued DM Cunningham asked the developer consider xeriscaping similarly to corridor to the west. Mayor Andrus agreed with comments related to drought tolerant landscaping and other ways to provide multiple units of housing besides apartments. She asked for considerations of back-in parking as a safety measure. 04:47:15 Vote on the Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19436 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.4 04:47:35 1919 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-2 for a property Addressed at 1919 Bridger Drive, Application 21123 A1_DevelopmentReviewApplication_03-10-2021.pdf 21123 1919 Bridger Drive Annex ZMA CC SR.docx Annexation Map_03-10-2021.pdf ZMA Map_04-22-2021.pdf RC Narrative_04-22-2021.pdf N1_Adjoiners List_03-10-21.pdf 06-28-21 Public Comment - R. Watson - 1919 Bridger Drive Annexation.pdf 04:48:12 Motion to continue Action Item 4 to a date certain, July 27, 2021. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 73 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 9 of 9 04:48:45 Vote on the Motion to continue Action Item 4 to a date certain, July 27, 2021. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 04:49:03 FYI / Discussion • DM Cunningham stated interest in learning more about the MDT decision related to the rest stop. • CM Mihelich provided clarification on the public hearing for MDT to move the rest stop. He announced the 2021 NBA Champions are the Milwaukee Bucks. J) 04:50:08 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: August 10, 2021 74 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 1 of 15 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 27, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent:None Staff Present in the WebEx:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A)00:02:57 Call to Order -6:00 PM -Via WebEx B)00:03:04 Pledge of Allegiance and a Moment of Silence C)00:03:39 Changes to the Agenda There were no changes to the agenda. D)00:03:50 FYI CM Mihelich provided a drought update. E)00:05:35 Commission Disclosures There were no commission disclosures. F)00:05:46 Consent F.1 Accounts Payable Claims Review and Approval F.2 Approve City Filing an Amicus Curiae Brief in Support of the Bozeman Municipal Watershed Project in Cause No. 21-35070 Cottonwood Environmental Law Center v. LeAnne Marten, in her official capacity as Regional Forester of Region One, et al. Appendix 1 Reister Decl.pdf Appendix 2 Lewellen Decl.pdf Draft Amicus for CC review.pdf F.3 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Last Best Properties, LLC for the South Bridge Living Site Plan Project (20173) Irrevocable Offer of Dedication F.4 Authorize the City Manager to Sign the Purchase Agreement with Sutphen Corporation for Two New Fire Engines 75 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 2 of 15 Bozeman MT NPP Proposal.pdf Fire-Apparatus-RFP-1905-Synopsis.pdf Purchase Agreement with Sutphen Corporation.pdf Sutphen warranties full document.pdf F.5 Authorize the City Manager to Sign a Construction and Maintenance Agreement with Montana Rail Link for the Railroad Crossing on Griffin Drive 20210715_Griffin Drive_Construction and Maintenance Agreement_ with Exhibits.pdf F.6 Authorize the City Manager to Sign a Professional Services Agreement with Granicus for City Website Refresh Website Refresh Services.pdf 19- Agreement for Software Subscription and Services - Granicus LLC - Agenda Management Software.pdf F.7 Authorize the City Manager to Sign a Professional Services Agreement with Sterling BZN, LLC to Represent the City in the Sale of Fire Station #1 Sterling BZN PSA Final for Commission.docx Station 1 Listing Scope of Work FINAL.docx F.8 Authorize the City Manager to Sign a Task Order with Tetra Tech, Inc. for Remediation Systems Operation and Maintenance at the Bozeman Landfill for Fiscal Year 2022 Task Order 2021-2022 Remediation Systems Operation and Maintenance F.9 Authorize the City Manager to Sign a Task Order with Tetra Tech, Inc for Groundwater and Perimeter Methane Monitoring and Assessment of System Performance and Effectiveness at the Bozeman Landfill for Fiscal Year 2022 Task Order 2021-2022 Groundwater and Perimeter Methane Monitoring and Assessment F.10 Resolution 5320, Authorizing Prime Change Order 12 with Langlas and Associates for Construction of the Bozeman Public Safety Center Resolution_5320 CO12.docx BPSC Job No. 19426 Prime CO 12 R1_signed STL.pdf 19426 Change Estimate Log 06.11.21.pdf F.11 Ratify Emergency Order Closing all Burning in the City Limits issued by Bozeman Fire Chief Waldo 2021 COB Burn Ban.pdf 00:05:49 CM Mihelich provided the highlights of the Consent Agenda. 00:07:11 Public Comment Mayor Andrus opened the Consent Agenda for public comment. 00:08:38 John Meyer, Public Comment John Meyer, on behalf of Cottonwood Environmental Law Center, commented in opposition to item F2. 00:10:37 Emily Talago, Public Comment Emily Talago commented in opposition to F7 because the hearing on the Fire Station has not yet occurred. 00:12:19 Corey Lewellen, Public Comment 76 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 3 of 15 Corey Lewellen, district ranger from the Bozeman Ranger District representing the Custer Gallatin National Forest, commented in support of F2. 00:16:20 Kyle Voigtlander, Public Comment Kyle Voigtlander commented in support of F2. 00:18:56 Clinton Nagel, Public Comment Clinton Nagel, on behalf of Gallatin Wildlife Association, commented in opposition to F2. 00:22:33 Meriwether Schroeer-Smith, Public Comment Meriwether Schroeer-Smith commented in opposition to F2. 00:25:30 Elle Angelo, Public Comment Elle Angelo commented in opposition to F2. 00:28:06 Scott Killian, Public Comment Scott Killian commented in opposition to F2. 00:30:01 Glenn Monahan, Public Comment Glenn Monahan commented in opposition to F2. 00:35:53 Nancy Ostile, Public Comment Nancy Ostlie commented in opposition to F2. 00:41:53 Questions of Consent Item 2. 00:50:30 Motion Consent Items 1 and 3-11. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:50:40 Vote on the Motion to approve Consent Items 1 and 3-11. The Motion carried 5 – 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 00:51:03 Motion Consent Item 2. Terry Cunningham: Motion Jennifer Madgic: 2nd 77 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 4 of 15 00:51:23 Vote on the Motion to approve Consent Item 2.The Motion carried 3 - 2 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Disapprove: Jennifer Madgic Christopher Coburn G)00:51:47 Public Comment Mayor Andrus opened this meeting for general public comment. 00:54:27 Kyle Voigtlander, Public Comment Kyle Voigtlander commented asking the City and County provide incentives, tax breaks, or laws to reduce lawns and promote drought tolerant landscaping. He commented on the effects of development on agricultural lands. He opposes the development of the Stockyard and Whole Foods. 00:59:07 Glen Monahan, Public Comment Glen Monahan commented on deterioration of quality of life in Bozeman, specifically a lack of adequate upkeep of infrastructure. He encouraged the Commission to look at the Broken- Window Theory. H)01:03:12 Action Items H.1 01:03:27 1919 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-2 for a property Addressed at 1919 Bridger Drive, Application 21123 A1_DevelopmentReviewApplication_03-10-2021.pdf 21123 1919 Bridger Drive Annex ZMA CC SR.docx Annexation Map_03-10-2021.pdf ZMA Map_04-22-2021.pdf RC Narrative_04-22-2021.pdf N1_Adjoiners List_03-10-21.pdf 06-28-21 Public Comment - R. Watson - 1919 Bridger Drive Annexation.pdf 01:03:15 City Manager Introduction 01:03:28 Staff Presentation Tom Rogers, Senior City Planner, presented the 1919 Bridger Drive Annexation and Zoning. He entered the staff report and applicant submittal into the record. He provided a summary of the staff report, a map of the property and surrounding area. He also provided the future land use map, the current county zoning, and the requirements of connecting to City services. He noted the width of the property must be taken into consideration if the applicant would like to further develop the property. 78 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 5 of 15 He demonstrated the annexation and zoning policies and criteria met and unmet. He provided public comments and the recommended motion. 01:12:31 Questions of Staff 01:25:55 Questions of Applicant 01:26:35 Public Comment 01:28:23 Michele Piazza, Public Comment Michele Piazza commented asking the motivation behind the annexation request, what will happen if every neighbor on Bridger Drive asks to be annexed, and if there is the infrastructure to support all requests. 01:30:33 Emily Talago, Public Comment Emily Talago commented asking the commission to ask annexation applicants why they want to be a part of the community, what do they love about it, and what they will bring to it. 01:32:19 Clarification of Applicant 01:34:14 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21123 and move to approve the 1919 Bridger Drive Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:34:59 Discussion Cr. Madgic will be supporting the motion because it meets the growth policy, it makes sense to have more density in lots that have access, and it brings options through R2. Per the staff report and presentation, it meets the 7 annexation goals and 18 of the annexation policies. Cr. Coburn agreed with Cr. Madgic. He feels it meets the majority of the City's goals around annexation and makes sense from a public health perspective. He noted he does not feel the Commission needs applicants to provide what they will bring to the community as it presents problems from an equity and inclusion standpoint. Cr. Pomeroy agreed with her colleagues regarding the annexation and zoning. DM Cunningham agreed with his colleagues in regards to the property meeting the majority of the policies and goals. He noted this annexation is just for this one property. He noted the community benefit in annexing County islands within the City due to aquifer access and use. Zoning at R2 instead of R1 recognizes the preciousness of land. Mayor Andrus will be supporting the motion. Mayor Andrus agreed with the comments of her colleagues and appreciates the comments of the applicant regarding wanting to connect to the City utilities. 01:43:46 Vote on the Motion to free form Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the 79 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 6 of 15 staff report for application 21123 and move to approve the 1919 Bridger Drive Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:44:10 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21123 and move to approve the 1919 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:44:38 Discussion Cr. Madgic will be supporting the motion for reasons previously stated. She applauded the applicant for requesting R2. She highlighted the benefits of infill. She noted it meets the zoning criteria out of Montana Code Annotated except for item F. Cr. Coburn agreed with Cr. Madgic and echoed this is a benefit for the community through a public health perspective. He agreed with staff that this is not considered spot zoning due to the overall benefit to the community. Cr. Pomeroy agreed with her colleagues and will be supporting the motion. DM Cunningham will be supporting the motion. Mayor Andrus will be supporting the motion. 01:47:45 Vote on the Motion to free form Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21123 and move to approve the 1919 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 80 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 7 of 15 H.2 01:48:07 Public Hearing to Determine Whether Bozeman Fire Station #1 Owned by the City is Necessary for the Conduct of City Business or that the Public Interest may by Furthered by the Sale of the Property to Help Fund the Construction of the Bozeman Public Safety Center (BPSC) 01:48:12 City Manager Introduction 01:48:32 Staff Presentation Assistant City Manager Chuck Winn presented the background of the hearing to determine whether Bozeman Fire Station 1 is necessary for the conduct of City Business or if public interest in furthered by the sale of the property to help fund the Bozeman Public Safety Center. He provided the recommended motion. 01:50:49 Questions of Staff 01:56:13 Public Comment Mayor Andrus opened the hearing up for public comment. 01:58:10 Michele Piazza, Public Comment Michele Piazza commented in support of another appraisal and recommended a routine update of the possible uses of this building be provided to the community. 02:00:51 Motion Having considered the information presented by staff and public comment, I hereby move to adopt the findings included in the staff memorandum and conclude that, once construction of the Bozeman Public Safety Center is complete, the city property at 34 N. Rouse will no longer be necessary for the conduct of city business or the preservation of city property, and also that the public interest will be furthered by the sale of the property to fund the construction of the Bozeman Public Safety Center and direct the City Manager to complete all steps necessary to complete the sale of the property. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:01:34 Discussion Cr. Coburn will be supporting the motion. He believes the fire station will no longer be needed once the Public Safety Center finished. He noted it is a commitment the Commission made to the Bozeman voters in 2018. He would like the City to find a buyer who would like to help the City with affordable housing. Cr. Pomeroy agreed that selling the fire station is a commitment that was made to the voters. DM Cunningham will be supporting the motion. He noted he would like a point system for assessing the bids in order to give weight to bids that align with Commission Priorities. Cr. Madgic will be supporting the motion for reasons stated by her colleagues. She would like there to be a community housing project in the space. 81 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 8 of 15 Mayor Andrus will be supporting the motion as the Fire Station is no longer necessary for City business. She noted the money from the sale will be used to finance some construction costs of the Public Safety Center and believes the City should be looking for the highest and best use for the property. 02:07:00 Vote on the Motion to free form Having considered the information presented by staff and public comment, I hereby move to adopt the findings included in the staff memorandum and conclude that, once construction of the Bozeman Public Safety Center is complete, the city property at 34 N. Rouse will no longer be necessary for the conduct of city business or the preservation of city property, and also that the public interest will be furthered by the sale of the property to fund the construction of the Bozeman Public Safety Center and direct the City Manager to complete all steps necessary to complete the sale of the property. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:07:23 Mayor Andrus called the meeting into recess. 02:15:45 Mayor Andrus called the meeting to order. H.3 02:15:46 Resolution 5319, Intent to Vacate and Abandon a Portion of the Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive Described in Book 84, Page 365, Gallatin County, Montana Resolution 5319.docx Staff Report.doc Commission Resolution 5318.pdf NOTICE OF INTENT TO VACATE.docx Exhibit A_Abandonment.pdf 02:15:51 City Manager introduction 02:16:15 Staff Presentation City Transportation Engineer, Taylor Lonsdale, presented the resolution. He provided a map of the easement to be abandoned and the process to abandon. He provided a summary of the engineering staff report and the recommended motion. 02:18:47 Questions of Staff 02:19:25 Public Comment There were no public comments. 82 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 9 of 15 02:22:51 Motion Adopt Resolution 5319, Intent to Vacate and Abandon a Portion of the Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive Described in Book 84, Page 365, Gallatin County, Montana and illustrated in Exhibit A. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:23:42 Discussion Cr. Pomeroy agreed that the Griffin Drive and Manely Road Street and Stormwater project is important and the abandonment is an important step in making that happen. Will be supporting the motion. DM Cunningham noted the impact on public and private utilities, the impact on traffic, impact on fire, emergency services, and maintenance. He thanked all parties for brining it forward. Cr. Madgic will be supporting the motion. She noted the proper procedure for abandonment has been followed, there appears to be no detriment to the public, and there were no public comments on this item. Cr. Coburn will be supporting the motion. Mayor Andrus will be supporting the motion. She made additional findings that the original road that the easement was granted was discontinued years ago, it does not provide access to any other property and if the abonnement is not completed the City will have to acquire the easement from BNSF. She noted it provides a benefit to the City and the Public. 02:27:07 Vote on the Motion to free form Adopt Resolution 5319, Intent to Vacate and Abandon a Portion of the Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive Described in Book 84, Page 365, Gallatin County, Montana and illustrated in Exhibit A.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.4 02:27:26 Appeal 21240 Filed by Bozeman Matters Regarding Conditional of Approval of the Whole Foods & Pad Site Plan Application 20412 21240 Staff Report.pdf Bozeman Matters Appeal submission 6-11-21.pdf Record of Review - 20412_Directors Decision Letter and May 28 StaffReport_Final.pdf Record of Review - 20412 DRB Summary Letter 041521.pdf Order United Food v. City of Bozeman Cause No. DV-19-10BX 18Oct2019.pdf 02:27:30 City Manager Introduction 83 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 10 of 15 02:27:50 Staff Presentation Community Development Director, Martin Matsen, presented the item. He entered the staff report into the record with the corrected site plan square footage of the commercial buildings to 40,8052 square feet and the Whole Foods structure square footage to 30,030 square feet. He provided background on the approved site plan and the issues that are the subject of the appeal. Staff recommends two motions, 1) the applicant does not meet the definition of an aggrieved person as is required in the code to appeal a decision 2) the directors decision of the approval should be upheld. Engineer Karl Johnson, Transportation Engineer Taylor Lonsdale and Attorney Kelley Rischke were available for technical questions. 02:32:36 Questions of Staff 02:51:57 Appellant Presentation On behalf of Bozeman Matters, Kim Wilson of Morrison, Sherwood, Wilson and Deola, PLLP presented the appeal. He provided the objectives of the group Bozeman Matters. He provided background on the issue of standing. Traffic Engineer Rick Nys, of Green Light Engineering presented his disagreements with the applicant's traffic study. Hydrologist David Donohue was available for questions. 03:14:35 Questions of Appellant 03:22:26 Landowner Presentation John Morrow, managing partner of Gallatin Mall Group, LLC, provided the Gallatin Mall's background, how the planned redevelopment of the mall will generate money for the community. He presented the planning work going into the future redevelopment of the mall. He spoke about the process the application has gone through. Brian Gallik, attorney on behalf of Valley Mall Group, LLC and Whole Foods. He commented specifically on the issue of standing. Ethan Cote of C & H Engineering and Bob Abelin of Abelin Traffic were available for questions. 03:36:25 Questions of landowner 03:40:07 Public Comment 03:41:22 Joseph Driskell, Public Comment Joseph Driskell, a member of Bozeman Matters, commented on traffic, dangerous intersections, traffic light timing, parking, stormwater, and jobs. 03:46:50 Michele Piazza, Public Comment Michele Piazza commented in opposition to Whole Foods due to logistics, demographics, and traffic. 03:52:03 Appellant Rebuttal 03:55:19 Landowner Rebuttal 03:57:30 Mayor Andrus extended the meeting until 10:15. 84 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 11 of 15 03:57:24 Motion Having reviewed and considered appeal 21240 including the record of review, the presentation of staff and the applicant, public comment and all the information presented, I move to dismiss the appeal because Bozeman Matters is not a "aggrieved person" with the ability to appeal the Director's decision pursuant to Section 38.250.030.A of the Bozeman Municipal Code and as defined in Section 37.700.020 of the Bozeman Municipal Code. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:58:33 Discussion DM Cunningham noted the scope of the action isn't to decide whether there should be a Whole Foods in Bozeman or not. This action item only has to do with the appeal of the Community Development Director's Decision and specific items related to the development itself. His findings align with that of staff's and the decision of Judge Holly Brown in the Winco case. He believes the appellant lacks standing because their concerns about traffic, competition and stormwater impacts are general in nature as opposed to a concrete, particularized and immanent injury that would confer standing. He cited Montana Case law from Heffernan vs. City of Missoula in regards to standing. He noted the officers and directors of Bozeman Matters do not live in proximity to the project. Unable to cite evidence of a direct injury as a result of increased traffic, makes their concern general. He does not find that Bozeman Matters fits the definition of an aggrieved person per the Bozeman Municipal Code. He also finds that there was not a specific injury to any grocery store due to competition. He finds the same relative to the stormwater complaints. Cr. Madgic agreed with DM Cunningham in regards to standing. She agreed with the staff's administrative decision. She noted her agreement with Bozeman Matter's stance on chain stores, but she has to follow the parameters and criteria that apply. Cr. Coburn agrees with the Deputy Mayor's findings. He will be supporting the motion. Cr. Pomeroy agreed with Deputy Mayor and does not feel the applicants have standing. Mayor Andrus agreed with her colleagues. She does not feel Bozeman Matters has distinguished its' concerns from those of the general public. She noted that Montana Law states concerns about traffic can only provide standing to landowners who reside next to the proposed development. She has not seen any evidence that anyone in Bozeman Matters lives near the project. 04:06:44 Vote on the Motion to free form Having reviewed and considered appeal 21240 including the record of review, the presentation of staff and the applicant, public comment and all the information presented, I move to dismiss the appeal because Bozeman Matters is not a "aggrieved person" with the ability to appeal the Director's decision pursuant to Section 38.250.030.A of the Bozeman Municipal Code and as defined in Section 37.700.020 of the Bozeman Municipal Code.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 85 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 12 of 15 Disapprove: None 04:07:06 Mayor Andrus extended the meeting until 10:30pm. 04:07:12 Motion Having reviewed and considered appeal number 21240, seeking to overturn the decision of the Director of Community Development conditionally approving the Whole Foods and pad site plan, the record review, the presentation of staff and the appellant comments and all information presented, I move to uphold the decision of the Director of Community Development reflected in his June 1st, 2021 approval letter. Terry Cunningham: Motion Jennifer Madgic: 2nd Deputy Mayor Cunningham noted this motion is related to if the specific objections made by Bozeman Matters have merit for whether the decision of the Community Development Director should stand. They are related to two issues, traffic and stormwater. The appellant had 6 issues related to the question of the developer’s traffic impact study meeting the City's approval criteria. DM Cunningham agreed with the Community Development Director's findings that even if the level of service of the intersections falls below AC rating eventually, there are 2 exceptions that come into play - 1) if the intersection is built out to maximum capacity and 2) there scheduled improvements to the intersections. He agreed with the Community Development Director and staff report in that the complaints raised by the appellant regarding the traffic study are issues with methodology. He added the Appellant raised 14 issues in regards to stormwater. He noted the main issue is around the preferred distance around the proposed infiltration chamber and the seasonal high ground water elevation. He finds the developers proposed stormwater plan did meet the relevant code requirements for development in Bozeman. In review of issues raised by the appellant and the staff report, he finds the Community Development Director was correct in denying the appeal. Cr. Madgic is in agreement with the Deputy Mayor and fundamentally agrees with the staff decision in this case. Cr. Coburn agreed with the findings from the staff report, specifically around the intersection. He found that staff interpreted and used the applicant’s measurements correctly. He believes that the stormwater plan represents an improvement for the site. He will be supporting the motion. Cr. Pomeroy agreed with staff findings. She will be supporting the motion. Mayor Andrus will be supporting the motion. She believes that related to all of the issues related to traffic and stormwater, the staff applied all the appropriate required standards and considered public comment prior to making their decision. She has not heard or read anything that leads her to believe that there was a violation to any requirements in the code. She agrees with the denial of the appeal. 04:17:08 Vote on the Motion to free form Having reviewed and considered appeal number 21240, seeking to overturn the decision of the Director of Community Development conditionally approving the Whole Foods and pad site plan, the record review, the presentation of staff and the appellant comments and all information presented, I move to uphold the decision of the Director of Community Development reflected in his June 1st, 2021 approval letter. The Motion carried 5 - 0 86 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 13 of 15 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I)04:17:27 Appointments 04:17:46 Public Comment on all appointments There were no public comments. I.1 04:20:23 Appointment to the Bozeman Area Bicycle Advisory Board 07-09-21 CAB Application - G. Lannon, new applicant.pdf 04:21:03 Motion I move to appoint Greg Lannon to the Bozeman Area Bicycle Advisory Board with a term expiring on December 31, 2022. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:20:51 Vote on the Motion to free form I move to appoint Greg Lannon to the Bozeman Area Bicycle Advisory Board with a term expiring on December 31, 2022. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 04:21:10 Appointment to the City Planning Board 06-08-21 CAB Application - N. Olmstead, new applicant.pdf 04-07-21 CAB Application - S. Rohrer, new applicant.pdf 04:21:24 Motion I move to appoint Nichole Olmstead to the City Planning Board with a term expiring on January 31, 2022. Jennifer Madgic: Motion Christopher Coburn: 2nd 87 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 14 of 15 04:21:32 Vote on the Motion to free form I move to appoint Nichole Olmstead to the City Planning Board with a term expiring on January 31, 2022. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 04:21:50 Appointments to the Board of Ethics 06-09-21 CAB Application - S. Rushing, reapplicant.pdf 07-02-21 CAB Application - M. Frost, reapplicant.pdf 06-02-21 CAB Application - K. Taylor, New Applicant.pdf 04:24:50 Motion I move to appoint two members, Rushing and Frost, to the Board of Ethics with terms expiring July 31, 2023 and Taylor to a term expiring July 31, 2022. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:25:22 Vote on the Motion to free form I move to appoint two members, Rushing and Frost, tothe Board of Ethics with terms expiring July 31, 2023 and Taylor to a term expiring July 31, 2022.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J)04:25:51 FYI / Discussion K)04:26:02 Adjournment ___________________________________ Cynthia L. Andrus Mayor 88 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 15 of 15 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: 89 Memorandum REPORT TO:City Commission FROM:Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT: Approval of Depository Bonds and Pledged Securities as of June 30, 2021 MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION: Approve the depository bonds and pledged securities as of June 30, 2021. 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: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released 90 and returned to the depository financial institution. Section 7-6-207 (2), MCA, requires the City Commission to approve pledged securities at least quarterly. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The City is sufficiently pledged. Attachments: Depository Bonds & Securities 0621.doc Report compiled on: July 22, 2021 91 DEPOSITORY BONDS AND SECURITIES AS OF June 30, 2021 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 Federal Deposit Insurance Corporation-CD $ 250,000.00 LOC-FHLB Cincinnati 07/15/2021 554455 $ 17,000,000.00 TOTAL – US Bank $ 17,500,000.00 FIRST SECURITY BANK All Accounts Federal Deposit Insurance Corporation $ 250,000.00 Celina TX ISD REF GO UNLTD BD 08/15/2033 151145NX3 $ 1,185,000.00 Celina TX ISD REF GO UNLTD BD 08/15/2034 151145NY1 $ 1,235,000.00 TOTAL - First Security Bank $ 2,670,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have thisday certified the receipts of the First Security Bankand US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 2021, by the banks of Bozeman and approve and accept the same. _____________________________________________ CYNTHIA L. ANDRUS, Mayor ______________________________________________________________________________ TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner ______________________________________________________________________________ CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner 92 PLEDGED SECURITIES AND CASH IN BANK As of June 30, 2021 US BANK Total Cash and CD's on Deposit $6,152,100.68 FDIC Coverage $500,000.00 Amount Remaining $5,652,100.68 Pledges Required 104%$5,878,184.71 Actual Pledges $17,000,000.00 Over (Under) Pledged $11,121,815.29 FIRST SECURITY BANK CD's $2,039,059.96 FDIC Coverage $250,000.00 Amount Remaining $1,789,059.96 Pledges Required 50%$894,529.98 Actual Pledges $2,420,000.00 Over (Under) Pledged $1,525,470.02 REFERENCE: Section 7-6-207, M.C.A. 93 Memorandum REPORT TO:City Commission FROM:Jacob Miller, Assistant Planner Martin Matsen, Director of Community Development SUBJECT:Authorize the Mayor to Sign a Findings of Fact and Order for the Eastlake Professional Center Preliminary Plat, Application 21016 MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:I move to Authorize the Mayor to Sign a Findings of Fact and Order for the Eastlake Professional Center Preliminary Plat, Application 21016 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Department of Community Development received a Preliminary Plat Application on April, 14, 2021 requesting a subsequent minor subdivision of one lot of 7.65 acres to four commercially-zoned lots. Lot 1A is currently undeveloped land. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. State statute requires a public hearing before a City Commission decision. On May 5, 2021 the Development Review Committee (DRC) found the application adequate for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City two public comments on the application as of the writing of this report, both of which offered no objection to the project. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by July 5, 2021. The public hearing date for the City Commission was June 8, 2021. The hearing was held via WebEx. The City Commission met to consider the application for a preliminary plat for the subdivision of 7.65 acres into four commercially-zoned lots. There was one member of the public that spoke at the hearing and voiced opposition to the project. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public 94 comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web paged filed under June 8, 2021: https://www.bozeman.net/government/city-commission/city-commission- video UNRESOLVED ISSUES:None. ALTERNATIVES:1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. Attachments: 21016 Eastlake Professional Center FOF.pdf Eastlake Professional Center - Preliminary Plat 05-21- 2021.pdf Report compiled on: July 20, 2021 95 21016, City Commission Findings of Fact, the Eastlake Professional Center Minor Subdivision Page 1 of 20 Bozeman City Commission Findings of Fact and Order for the Eastlake Professional Center Minor Subdivision 21016 Public Hearing Date: City Commission meeting was held on June 8, 2021 at 6:00 pm. Via WebEx. https://www.bozeman.net/government/city-commission/city-commission-video Project Description: A subsequent minor preliminary plat application to allow the subdivision of 7.65 acres into four commercially-zoned lots. Project Location: The property is legally described as Minor Subdivision 221E, Section 26, Township 01 South, Range 05 East, Lot 1A, Bozeman, Montana. The property is zoned B-2M, Community Business District - Mixed. Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21016 and move to approve the Eastlake Professional Center Minor Subdivision with conditions and subject to all applicable code provisions.” Report Date: July 13, 2021 Staff Contact: Jacob Miller, Assistant Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on April, 14, 2021 requesting a subsequent minor subdivision of one lot of 7.65 acres to four commercially-zoned lots. Lot 1A is currently undeveloped land. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. State statute requires a public hearing before a City Commission decision. On May 5, 2021 the Development Review Committee (DRC) found the application adequate for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City received two public comments on the application as of the writing of this report, both of 96 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 2 of 20 which offered no objection to the project. The final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate; in this case by July 5, 2021. The public hearing date for the City Commission was June 8, 2021. The hearing was held via WebEx. The City Commission met to consider the application for a preliminary plat for the subdivision of 7.65 acres into four commercially-zoned lots. There was one member of the public that spoke at the hearing and voiced opposition to the project which can be viewed at the link below. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web paged filed under June 8, 2021: https://www.bozeman.net/government/city-commission/city-commission-video Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 97 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 3 of 20 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 7 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7 SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 7 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 11 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 11 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 11 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13 Preliminary Plat Supplements ........................................................................................... 15 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20 FISCAL EFFECTS ....................................................................................................................... 20 ATTACHMENTS ......................................................................................................................... 20 98 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 4 of 20 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 99 21016, City Commission Findings of Fact, the Eastlake Professional Center Minor Subdivision Page 5 of 20 Exhibit 2 – Community Plan 2020 Future Land Use 100 21016, City Commission Findings of Fact, the Eastlake Professional Center Minor Subdivision Page 6 of 20 Exhibit 3 – Preliminary Plat 101 21016, City Commission Findings of Fact, the Eastlake Professional Center Minor Subdivision Page 7 of 20 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The existing 10 foot utility easement must be released prior to final plat and cannot be shown on the final plat. 3. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Catamount Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to East Valley Center Road including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to North 27th Avenue and Catamount Street e. Intersection improvements to East Valley Center Road and Catamount Street f. Intersection improvements to North 27th Avenue and East Valley Center Road g. Intersection improvements to North 19th Avenue and East Valley Center Road h. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior any future development. 4. The proposed project falls within the Bozeman Solvent Site boundary. The property is underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells may be installed on this property and any excavation and dewatering will require additional construction oversite. Please contact the Montana Department of Environmental Quality for additional information on construction requirements within the solvent site. 102 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 8 of 20 5. There is a discrepancy in the number and location of water main valves between the preliminary plat and the master site plan. The proposed water main plan must match the master site plan prior to final plat. 6. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.220.070. - Final plat. a. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. b. A letter from the city engineer certifying that the following documents have been received: i. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. c. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. d. Irrigation system as-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. e. A conditions of approval sheet addressing the criteria listed in this section must be provided with the final plat as set forth in 24.183.1107 ARM and must: 103 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 9 of 20 i. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. ii. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels. iii. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. iv. Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. v. Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing. vi. List all associated recorded documents and recorded document numbers. vii. List easements, including easements for agricultural water user facilities. 2. Sec. 38.220.310. - Property owners' association. a. The responsibility of maintenance for the stormwater facilities, and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. All public access areas to be owned and maintained by the property owners association. The final plat must contain the above listed notations on the Conditions of Approval sheet 104 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 10 of 20 3. Sec. 38.400.060. - Street improvement standards; Sec. 38.400.060. - Street improvement standards. a. North 27th Ave must be constructed to the City’s Collector standard including curb gutter and sidewalk from the southern edge of the property line to the intersection of Valley Center Drive. 4. Sec. 38.400.090. - Access. a. A 1 foot no access strip shall be placed along all lots fronting East Valley Center. b. Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to the State Public Works Standard Specifications per Bozeman Municipal Code requirements. The final plat must contain the above listed notations on the Conditions of Approval sheet 5. Sec. 38.410.060. - Easements. a. All dedicated public easements must be recorded the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. b. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. c. A public utility easement must be granted for all public utility mains not located within public street right-of-way. An easement must be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines. d. The pedestrian right-of-way easement must be included. 6. Sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems. a. A 12” water main must be constructed in North 27th Ave from the existing main to East Valley Center, as per the City’s Water Master Plan. b. A 16” water main must be constructed in East Valley Center from the intersection of North 27th Ave to connect with the main installed with the Catron Crossing Subdivision to the east. c. The property is reliant upon the construction of the Davis Lane Lift Station (scheduled for FY19) and an 8” main extension down East Valley Center as outlined in the City of Bozeman Wastewater Facility Master Plan (unscheduled, developer driven). d. The project is reliant on completion of offsite water and sewer infrastructure and is not eligible for final plat approval until these improvements are completed and accepted by the city. The above listed water and sewer improvements are required prior to final plat Approval 105 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 11 of 20 7. Sec. 38.410.120. - Mail delivery. a. If mail delivery will not be to each individual lot within the development, the developer must provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. The city will not be responsible for maintaining or plowing any mail delivery area constructed within a city right-of-way. 8. Sec. 38.600.160. - Administration of regulations. a. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 9. Sec. 40.04.700. - Requirements. Stormwater management plans and comprehensive drainage plans a. A stormwater design report for the proposed stormwater retention system “27th Ave Treatment” meeting the criteria of BMC 40.04.700 and the cities design standards must be submitted for infrastructure review and approved prior to final plat. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was adequate for continued review and recommended approval with conditions on May 21, 2021. This subdivision is a second or subsequent minor subdivision from a tract of record and does not require Planning Board review. A public hearing was held in front of the City Commission on this minor subdivision preliminary plat on June 8, 2021 via WebEx. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web paged filed under June 8, 2021: https://www.bozeman.net/government/city-commission/city-commission-video SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 106 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 12 of 20 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman City Commission public hearing was properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The Department of Community Development received a preliminary plat application on February 3, 2021. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on March 3, 2021. A revised application was received on April 14, 2021. The DRC determined the application was adequate for continued review on May 5, 2021 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Friday, May 21, 2021 for postings on Sundays, May 23 and May 30, 2021. The applicant posted public notice on the subject property on May 23, 2021. The applicant sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on May 22, 2021. No public comment had been received on this application as of the writing of this report. 107 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 13 of 20 On May 26, 2021 staff completed and forwarded the staff report for this subsequent minor subdivision preliminary plat application with a recommendation of conditional approval for consideration by the City Commission, which was held on June 8, 2021. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web paged filed under June 8, 2021: https://www.bozeman.net/government/city-commission/city-commission-video 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement No. 5, requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated street right of ways. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as Regional Commercial and Services and the Community Business District 108 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 14 of 20 – Mixed designation allows for commercial uses. The lot is currently undeveloped land, covered in native grasses and there is no agricultural production on the property. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 3) The effect on Local services Water/Sewer – There is currently no water or sewer infrastructure in place to serve the property. It is anticipated that mains will be constructed to the west side of North 27th with the Billings Clinic project, prior to phase I construction. Utilities – Utilities to serve the site will be constructed with phase I and will connect to the new mains to be constructed with the Billings Clinic development to the west. NorthWestern energy will be providing gas and electrical services to the proposed subdivision. Streets – Improvements to North 27th Ave. from Valley Center Road to Honor Lane will include full build out to City of Bozeman collector designation cross section standards, and full construction of Honor Lane from North 27th to the southeast corner of the property will be constructed with phase I. Police/Fire – The City’s Police and Fire emergency response area includes the subject property. This subdivision does not impact the City’ ability to provide emergency services to the property. Stormwater – The subsequent minor subdivision will not significantly impact stormwater infrastructure. Stormwater infrastructure will be constructed and will be managed on an individual lot basis. Parkland – The proposed subdivision is entirely commercial and is not required to provide parkland. If and when residential development occurs, parkland will be reassessed at that time. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions will be made to address the control of noxious weeds and maintenance of the property and will be further addressed by inclusion in the existing protective covenants and compliance with the recommended conditions of approval. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The subdivision is zoned for commercial development and is surrounded by adjacent commercially zoned properties that are either developed or are in the early stages of development. There are no known endangered or significant wildlife populations on the property. 109 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 15 of 20 6) The effect on Public health and safety With the recommended Conditions of Approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in compliance with the title. This staff report notes all other conditions deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3- 608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community Development reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. This report includes findings to justify the recommended site-specific Conditions of Approval for reasonable mitigation of impacts from the proposed minor subdivision. Preliminary Plat Supplements The Development Review Committee (DRC) completed a subdivision pre-application plan review on September 16, 2020 and no waivers or variances were requested. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water This subdivision will not significantly impact surface water. No surface water exists in the vicinity of the site. 38.220.060.A.2 - Floodplains No mapped 100-year floodplains impact the subject property. The elevation of the site is higher than the elevation of the 0.2-percent annual chance flood. This subdivision will not be impacted by floodplains. 38.220.060.A.3 - Groundwater Groundwater can be found on-site between 67 inches and 112 inches. Test pit locations and results were provided with the application. A condition of approval that prohibits the construction of basements will work to mitigate the effects of groundwater on the site. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. 110 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 16 of 20 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. The proposed subdivision does not contain any known critical, significant or key wildlife areas. 38.220.060.A.7 - Historical Features This subdivision will not significantly impact historic features. The proposed subdivision does not contain any known historic sites. 38.220.060.A.8 - Agriculture This subdivision will not impact agriculture. The City of Bozeman Community Plan designates the subject property as Regional Commercial and Services and the Community Business District – Mixed designation allows for commercial uses. The lot is currently undeveloped land, covered in native grasses and there is no agricultural production on the property 38.220.060.A.89 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 38.220.060.A.10 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. 38.220.060.A.111 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.12 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development. See discussion above under primary review criteria. 38.220.060.A.13 - Utilities This subdivision will not significantly impact existing utilities. See discussion above under primary review criteria. 38.220.060.A.14 - Educational Facilities This subdivision will not significantly impact educational facilities. The subdivision is commercial and will not impact enrollment. 38.220.060.A.15 - Land Use The subdivision will not significantly impact land use. The proposed subdivision will create four lots for commercial uses. The property is zoned B-2M, Business District – Mixed and is designated as a commercial area in the Community Plan 2020. 111 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 17 of 20 38.220.060.A.16 - Parks and Recreation Facilities This proposed subdivision is commercial and will not require parkland dedication. 38.220.060.A.17 - Neighborhood Center Plan This proposed subdivision is commercial and will not require a neighborhood center. 38.220.060.A.18 - Lighting Plan A lighting plan was submitted with the application for this proposed subdivision. Site and street lighting will be installed with phase I and conform to City of Bozeman standards. 38.220.060.A.19 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. 38.220.060.A.20 - Affordable Housing The subdivision is commercial does not require any affordable housing. SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on June 8, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The applicant, Intrinsik Architecture, Inc., acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on June 8, 2021 and received one comment voicing opposition to the project. The public comment may be found under the linked minutes and recorded video of the meetings located at this web paged filed under June 8, 2021: https://www.bozeman.net/government/city-commission/city-commission-video F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City 112 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 18 of 20 Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ______ day of ___________, 2021 BOZEMAN CITY COMMISSION ____________________________ Cindy Andrus Mayor ATTEST _______________________ Mike Maas City Clerk APPROVED AS TO FORM: 113 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 19 of 20 ___________________________ GREG SULLIVAN City Attorney APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned B-2M, Community business district - mixed. The intent of the B- 2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. Adopted Growth Policy Designation: The subject property is designated as Regional Commercial and Services. This category designates places where the primary activity should be prominent commercial uses requiring substantial infrastructure and location near significant transportation facilities. Development within this category needs well-integrated utilities, transportation and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. This proposed subdivision is well-suited to implement the Regional Commercial and Services designation based on the location near major thoroughfares and the adjacency to other commercial areas that are in various stages of development. The proposed subdivision will blend well with adjacent properties and uses and includes a pedestrian right-of-way that connects N. 27th, across from the access to the future Billings Clinic development, to the shared use path, east of the property. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the property owner and applicant, Eastlake Professional Center, LLC and represented by Intrinsik Architecture, Inc to allow the subdivision of 7.65 acres into four commercial lots. 114 21016 Staff Report for the Eastlake Professional Center Minor Subdivision Page 20 of 20 APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing per BMC 38.220.420, The City scheduled public notice for this application on May 21 2021 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, May 23 and Sunday, May 30, 2021. The applicant posted public notice on the subject property on May 23, 2021. The City sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on May 22, 2021. Two public comments were received in support of the project. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Applicant: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718 Representative: Intrinsik Architecture, Inc, 111 North Tracy Ave, Bozeman, MT 59715 Report By: Jacob Miller, Assistant Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21016, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1 This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-016 Public Comment: None to date 115 C h B r g =N1 8 °4 4 '59"E Ch Di st =263.3 0''''''''''''''''''''''''''''''''''''''''' L =2 6 7 .5 9 ' [267 .56 '] R=430.00' N00°54'39"E 486.42'S89°50'55"W 462.44'S00°54'50"W 608.87'S53°26'06"E 379.86'N 3 6 ° 3 4 ' 5 8 " E 1 2 5 . 3 1 'SSSSSLEGENDFEATUREDESCRIPTIONSSURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:Engineeringtdhengineering.comMONTANAWASHINGTONIDAHOGREAT FALLS-BOZEMAN-KALISPELL-SHELBYLEWISTONSPOKANENORTH DAKOTAWATFORD CITYB16-089116 Memorandum REPORT TO:City Commission FROM:Lance Lehigh, Engineer III Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement, Public Street and Utility Easement, Public Park Easement, Public Trail Corridor Easement and an Irrevocable Offer of Dedication with Graf Apartments, LLC for the Graf Street Apartments Master Site Plan (19308 and 19309) MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a sewer and water pipeline and access easement and agreement, public street and utility easement, public park easement, public trail corridor easement and an irrevocable offer of dedication with Graf Apartments, LLC for the Graf Street Apartments master site plan (19308 and 19309). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:N/A Attachments: Sewer and Water Pipeline and Access Easement and Agreement Public Trail Corridor Easement Public Street and Utility Easement Public Park Easement Irrevocable offer of Dedication Report compiled on: July 29, 2021 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Memorandum of Agreement with Gallatin County and City of Belgrade for the Purpose of Funding a Feasibility Study Concerning Regional Water and Wastewater Solutions for the Gallatin Valley MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Memorandum of Agreement with Gallatin County and City of Belgrade for the Purpose of Funding a Feasibility Study Concerning Regional Water and Wastewater Solutions for the Gallatin Valley. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Ongoing population growth within the City of Bozeman, City of Belgrade and Gallatin County create ever-increasing demands upon the existing and limited capacity of available public water and wastewater infrastructure. Delivery of adequate water supplies, together with sufficient sewage collection, treatment and disposal facilities, is an enormous challenge threatening the prospect of sustainable growth in the Gallatin Valley, given that: 1) The Upper Missouri River Basin is statutorily closed to the appropriation of new surface water rights; 2) Groundwater is physically connected to the valley’s over-appropriated rivers and streams, causing legal availability issues surrounding development of new public water supply wells; and 3) Many of the waterways in the valley are impaired for nutrients, significantly increasing the wastewater treatment and disposal costs ultimately necessary to attain nutrient water quality standards established by the state Department of Environmental Quality. The attached Memorandum of Agreement (MOA) is a cooperative effort between the City of Bozeman, City of Belgrade and Gallatin County to fund, and participate in, the development of a regional water and wastewater 140 infrastructure feasibility study for the Gallatin Valley. This is the first step down a lengthy road aimed at the goal of ultimately capitalizing upon a sustainable water and wastewater infrastructure system that can meet the long-range growing needs of the Gallatin Valley as a whole. The MOA includes a draft scope description for the feasibility study that is provided herewith to inform the City Commission and public about the comprehensive nature of this water and wastewater regionalization effort. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The MOA contains an overall funding commitment of $400,000 between the parties with the City of Bozeman contributing $300,000 towards the total. The City’s committed contribution will be split evenly between the water fund and wastewater fund. Sufficient fund balances exist in each of these funds to cover the respective $150,000 expenditure. Attachments: Gallatin Regional W WW Study MOA_Clean BelgradeSigned_MOA Draft GV W and WW Regionalization Feasibility Study Scope Report compiled on: July 26, 2021 141 MEMORANDUM OF AGREEMENT FOR FOR THE PURPOSE OF FUNDING A FEASIBILITY STUDY CONCERNING REGIONAL WATER AND WASTEWATER SOLUTIONS FOR THE GALLATIN VALLEY This Memorandum of Agreement is entered into this ___ day of _____________, 2021, by and between Gallatin County, hereinafter called the County; City of Bozeman, hereinafter called Bozeman; the City of Belgrade, hereinafter called Belgrade. WHEREAS, based on 2019 American Community Survey Data, which is the latest population estimate available from the U.S. Census Bureau, Gallatin County’s population has increased from 87,676 in 2010, to 114,434 in 2019; and WHEREAS, the vast majority of this population increase has been focused in Bozeman, Belgrade, and the “Triangle” area of the Gallatin Valley, an area loosely described as the portion of the Valley between Bozeman, Belgrade, and the unincorporated community of Four Corners. Less drastic but still impactful population change and land development have impacted the smaller municipality of Manhattan; and WHEREAS, population growth and the related development pressures are anticipated to continue into the future, creating a demand for reliable and sustainable means of water supply and wastewater treatment; and WHEREAS, when population growth and development affect multiple jurisdictions, cooperation among those affected communities in planning for land use, infrastructure, and public services can have positive results in governmental effectiveness and improved service delivery to citizens; and WHEREAS, the parties to this agreement recognize the importance of creating and implementing strategies for the development, maintenance, and replacement of public infrastructure such as: drinking water and wastewater treatment systems; and WHEREAS, the parties to this agreement desire to work together to fund a feasibility study to evaluate the possibility of regional water and wastewater systems in the Gallatin Valley. 142 NOW, THEREFORE, IT BE RESOLVED that the parties herein do mutually agree as follows: I. Good Faith Agreement. To work together in good faith to develop a mutually agreeable scope of work and fund a feasibility study to evaluate the possibility of regional water and wastewater systems in the Gallatin Valley (Feasibility Study). A draft scope of work attached for the Feasibility Study is attached to this agreement as Exhibit A. II. Procurement. To delegate the responsibility of compliance with applicable Montana procurement laws to Gallatin County, who will manage the procurement process and contract for the feasibility study. Gallatin County shall provide copies of all procurement related information and any resulting contracts to the other parties to this agreement. III. Participation. To delegate a minimum of one and up to two representatives to serve on an Management Committee to assist Gallatin County with administration of the Feasibility Study. Administration of the Feasibility Study shall be include consultant procurement, selection, contracting, and reviews of the consultant’s work. IV. Cost Share. To share the cost for the Feasibility Study as outlined below based on a nominal total contract cost of $400,000. As the party managing the contract, Gallatin County will invoice the other parties for their equitable share of costs. Jurisdiction Financial Contribution City of Bozeman $300,000 City of Belgrade $50,000 Gallatin County $50,000 V. Changes in Agreement. Any alteration, extension, or supplement to the terms of this agreement, as detailed herein, shall be agreed to in writing by the signatory parties. VI. Termination of Agreements. A signatory party may terminate its interest and obligations under this Agreement by giving at least sixty (60) days notice in writing to the other parties; however, after a contract is signed with a consultant to conduct the Feasibility Study, no party to this agreement may terminate their obligation to fund their agreed upon proportional cost of the Feasibility Study. Signatures for Agreement with the preceding MOA for the purpose of funding a Feasibility Study Concerning Regional Water and Wastewater Solutions for the Gallatin Valley. 143 Authorized Representative of Gallatin County: By (print): Title: Date Signed: Authorized Representative from the City of Bozeman: By (print): Title: Date Signed: Authorized Representative of the City of Belgrade: By (print): Title: Date Signed: 144 MEMORANDUM OF AGREEMENT FOR FOR THE PURPOSE OF FUNDING A FEASIBILITY STUDY CONCERNING REGIONAL WATER AND WASTEWATER SOLUTIONS FOR THE GALLATIN VALLEY This Memorandum of Agreement is entered into this R day of ZIL`'I y , 2021, by and between Gallatin County, hereinafter called the County; City of Bozeman, hereinafter called Bozeman; the City of Belgrade, hereinafter called Belgrade. WHEREAS, based on 2019 American Community Survey Data,which is the latest population estimate available from the U.S. Census Bureau, Gallatin County's population has increased from 87,676 in 2010,to 114,434 in 2019; and WHEREAS,the vast majority of this population increase has been focused in Bozeman, Belgrade, and the "Triangle" area of the Gallatin Valley, an area loosely described as the portion of the Valley between Bozeman, Belgrade, and the unincorporated community of Four Corners. Less drastic but still impactful population change and land development have impacted the smaller municipality of Manhattan; and WHEREAS, population growth and the related development pressures are anticipated to continue into the future, creating a demand for reliable and sustainable means of water supply and wastewater treatment; and WHEREAS,when population growth and development affect multiple jurisdictions, cooperation among those affected communities in planning for land use, infrastructure, and public services can have positive results in governmental effectiveness and improved service delivery to citizens; and WHEREAS,the parties to this agreement recognize the importance of creating and implementing strategies for the development, maintenance, and replacement of public infrastructure such as: drinking water and wastewater treatment systems; and WHEREAS,the parties to this agreement desire to work together to fund a feasibility study to evaluate the possibility of regional water and wastewater systems in the Gallatin Valley. 145 NOW,THEREFORE, IT BE RESOLVED that the parties herein do mutually agree as follows: I. Good Faith Agreement. To work together in good faith to develop a mutually agreeable scope of work and fund a feasibility study to evaluate the possibility of regional water and wastewater systems in the Gallatin Valley(Feasibility Study). A draft scope of work attached for the Feasibility Study is attached to this agreement as Exhibit A. II. Procurement. To delegate the responsibility of compliance with applicable Montana procurement laws to Gallatin County,who will manage the procurement process and contract for the feasibility study. Gallatin County shall provide copies of all procurement related information and any resulting contracts to the other parties to this agreement. III. Participation.To delegate a minimum of one and up to two representatives to serve on an Management Committee to assist Gallatin County with administration of the Feasibility Study. Administration of the Feasibility Study shall be include consultant procurement,selection, contracting, and reviews of the consultant's work. IV. Cost Share. To share the cost for the Feasibility Study as outlined below based on a nominal total contract cost of$400,000. As the party managing the contract, Gallatin County will invoice the other parties for their equitable share of costs. Jurisdiction Financial Contribution City of Bozeman $300,000 City of Belgrade $50,000 Gallatin County $50,000 V. Changes in Agreement. Any alteration, extension, or supplement to the terms of this agreement,as detailed herein, shall be agreed to in writing by the signatory parties. VI. Termination of Agreements. A signatory party may terminate its interest and obligations under this Agreement by giving at least sixty(60)days notice in writing to the other parties; however, after a contract is signed with a consultant to conduct the Feasibility Study, no party to this agreement may terminate their obligation to fund their agreed upon proportional cost of the Feasibility Study. Signatures for Agreement with the preceding MOA for the purpose of funding a Feasibility Study Concerning Regional Water and Wastewater Solutions for the Gallatin Valley. 146 Authorized Representative of Gallatin County: By (print): Title: Date Signed: Authorized Representative from the City of Bozeman: By(print): Title: Date Signed: Autho ' -d Representative of the City of Belgrade: By(print): Av 50// Title: /n4'77 Date Signed: 7-.2 ?0' - 147 Gallatin Valley Water and Wastewater Regionalization Feasibility Study Scope Description General Consultant shall provide a feasibility-level study for regionalization of water and wastewater infrastructure for the Gallatin Valley. The level of engineering provided shall be between 5 and 10%, depending on the facility or component (on a scale of 100% being final/biddable designs), with the goal of providing a Class 4 estimate as described in the AACE’s Bulletin 18R-97: Cost Estimate Classification System – As Applied in Engineering, Procurement, and Construction for the Process Industries1. Typical accuracy ranges for Class 4 estimates are -15% to -30% on the low side, and +20% to +50% on the high side, depending on project size, complexity, and contingency. The Regional Water System Study will include: · Water rights evaluation · Raw water diversion from the Lower Gallatin River, Upper Missouri River or Canyon Ferry Reservoir · Means and methods of obtaining water rights for a regional water supply · Water Treatment Facility/Facilities · Pumping and pipeline(s) to convey water into the Gallatin Valley · Primary/backbone distribution pipelines in the Gallatin Valley The Regional Wastewater System Study will include: · Concepts for gravity conveyance of wastewater in a north-westerly direction to treatment and reuse/discharge/disposal facilities · Major Interceptors · Water Resource Recovery Facilities (WRRFs) · Regional Biosolids Facility · Treated Effluent Disposal/Discharge and Reuse Alternatives · Phasing Alternatives Specific Tasks for the Regional Water Feasibility Study are outlined in the following paragraphs. Project Management · Consultant is responsible for managing the scope of the project, including regular communication with the project owner · Consultant shall maintain the project schedule and coordinate with the owner(s). Project duration shall last approximately 12 months from notice to proceed. 1 AACE, 2016. Cost estimate classification system - as applied in engineering, procurement, and construction for the process industry. AACE International Recommendation Practice No. 18R-97. [pdf] Available at: http://www.aacei.org/toc/toc_18R-97.pdf DRAFT 148 · Consultant shall successfully manage the project budget and invoice the owner(s) of the project monthly on either a percent complete basis toward a lump sum, or on a cost plus not to exceed. · Consultant shall manage the project team with internal meetings and communication. · Consultant shall organize and conduct a minimum of three project meetings with the owner(s), including issuance of an agenda ahead of meetings and circulation of meeting minutes. Study and Report Regional Water System: · Estimation of water supply demand and wastewater generation for the Gallatin Valley from now through Year 2070. o Engineer shall utilize a 5% growth rate in the Gallatin Valley through 2025 tapering to 4% in 2030 followed by 3% growth rate thereafter. This would equate to approximately 550,000 living in the Gallatin Valley in Year 2070. o Quantify existing potable water resources and foreseeable developed water resources for municipalities and Districts in the Gallatin Valley. · Water Rights Analysis: Consultant shall provide a review and general assessment as to the availability of water rights for a Gallatin Valley Regional Water System, including the following: o Feasibility of acquisition of water rights on the Lower Gallatin or Upper Missouri, or Canyon Ferry stored water rights o Quantification and timing of water rights availability o Description of feasibility and future work that would be required to secure the water rights, and a detailed scope description and fee estimate for the work should the project move forward · Conceptual-level design (5 to 10%) of the following: o Water:  Gallatin / Missouri River / Canyon Ferry Intake · Develop conceptual-level design for an intake or intakes on the Lower Gallatin, Upper Missouri or Canyon Ferry Reservoir. · Coordinate this effort with the water rights point-of-diversion work  Raw Water Conveyance: provide conceptual-level pumping energy demand, pipeline route(s) and approximate pipeline sizing to convey raw water to the Gallatin Valley, including booster pumping requirements. · Pumped raw water south from Canyon Ferry along 287 to Three Forks, east to the Gallatin Valley along the I-90 corridor · Pumped-Storage Hydropower utilizing a more direct Horseshoe Hills route. Consultant shall communicate with Northwestern Energy on the potential for the project, conceptual level sizing, and long-term timeline / milestones for implementation. o Closed and Open-loop configurations o Gallatin Valley delivered hydro only (only water delivered into the Gallatin Valley from the Horseshoe Hills will have hydro power) DRAFT 149 · Shortened pumping and conveyance facilities from the Upper Missouri River or lower Gallatin River, should the water rights evaluation indicate that these locations are feasible.  Water Treatment Facility(ies): provide conceptual-level design for a minimum of two alternative locations and treatment technologies for cost estimation purposes.  Distribution System (backbone water mains, approximate locations only) · Using GIS technology, consultant shall provide visual representations through static and interactive maps showing potential pipeline alignments, reservoir(s), and water treatment infrastructure locations. o Locations of future/potential infrastructure shall be conceptual level at this stage. o Public GIS layers, such as elevation, existing water districts, existing water supply wells, future land use (where available), parcels and hydrology, shall be displayed and analyzed in a GIS to determine best-suited corridors and locations of potential infrastructure. o High-level analysis will be performed to display clusters of existing water wells and estimate the number of water wells that could be removed from potable service, and the footprint of influence of potential infrastructure.  Consultant shall also provide an estimate of future potential water wells that would be negated by a Regional Water System. · Outline and describe environmental permitting work that will be necessary for the ultimate project (Environmental Assessments, Impact Studies, Montana Pollutant Discharge Elimination System (MPDES), Montana Groundwater Pollution Control System (MGWPCS)). o Identify the most critical environmental permitting challenges and provide recommendations for the general means and methods to satisfy or exceed requirements for environmental sustainability. o Provide fee estimates for identified future permitting work deemed necessary for the project, and an estimated timeline for procurement of the studies. Regional Wastewater System: · Estimate wastewater treatment generation rates for the Gallatin Valley including year 2070. o This estimate will be based on the water usage estimate for the Regional Water System, minus agreed upon values for water treatment inefficiencies, distribution system leakage, and irrigation usage. o Identify existing and foreseeable wastewater treatment capacity provided by existing municipalities and wastewater districts. · Develop a minimum of three regionalization concepts for collection, treatment, and disposal, discharge and/or reuse of future wastewater generation in the Gallatin Valley. o Provide ideas for optimizing sustainability, reliability, phase-ability and long-term wastewater treatment and disposal security. o Quantify the number of septic and community septic systems that could be eliminated by a regional system o Evaluate potential to obtain nutrient trading credits for septic systems that would be removed from service with wastewater regionalization DRAFT 150 o Seek and describe opportunities for phase-able regionalization implementation, including:  Bozeman to Belgrade for Liquids Treatment  Biosolids conveyance from a portion of Bozeman, all of Belgrade and northwestern Gallatin County to a Regional Biosolids Facility that could eventually serve the entire Gallatin Valley. Assess interest in other municipalities and districts in utilizing a Regional Biosolids Facility.  Gravity collection of areas North and West of Belgrade to a Regional WRRF located near Manhattan / NW Gallatin County, optimally co-located with the Regional Biosolids Facility  Relocation and expansion of the Manhattan WRF to eventually serve as a terminal Regional Water Resource Recovery Facility. Coordinate this work with the Town of Manhattan’s on-going water and wastewater infrastructure and water rights planning.  Elimination and incorporation of septic systems within a set distance from major interceptors · Using GIS technology, consultant shall provide visual representations through static and interactive maps showing potential infrastructure, including major sewer interceptors, water resource recovery facilities, and effluent outfalls and/or groundwater discharge locations. o Locations of future/potential infrastructure shall be conceptual level at this stage. o Public GIS layers shall be displayed and analyzed for elevation, existing municipal wastewater infrastructure in the Gallatin Valley (Bozeman, Belgrade, Manhattan, RAE, River Rock and Four Corner’s facilities, at minimum), community sewer systems, septic systems, future land use (where available), parcels and hydrology. o This information shall be displayed and analyzed in a GIS to determine best-suited corridors and locations of potential infrastructure. o High level analysis will be performed to display clusters of existing septic systems, estimate the number of septic systems and corresponding nitrogen loading to groundwater that would be eliminated, and outline the footprint of influence of potential infrastructure.  Consultant shall also provide an estimate of future potential septic systems that could be eliminated by a Regional Wastewater System, including the estimate nitrogen loading that would be eliminated. · Outline future studies that would be required to facilitate evaluated plans for collection and treatment. Provide an overview of the scope of these studies and an approximate cost estimate. o Environmental Studies o Groundwater discharge studies  Belgrade Nitrate Fate and Transport Study (potentially to be completed separately)  Manhattan Area groundwater discharge o Surface water discharge studies  Mixing Zone Study on the Gallatin River near Logan o Effluent Reuse Studies o Biosolids Resource Recovery Studies (e.g., cogeneration, land application) DRAFT 151 Project Development Tasks: the following tasks will be part of the Feasibility Study but are common to both Water and Wastewater Regionalization work: · Regionalization Governance Structure and Management Alternatives · Economic Impact Analysis & Funding Development · Cost-Share and Financial Structure Development · Project Cost Analysis and Scenario Planning · Public Outreach and Education Planning Regionalization Governance Structure and Management Alternatives Consultant shall provide guidance on how the regionalization effort may be organized, governed, and managed. Each jurisdiction will want to show that it can exercise and protect the rights of their users. Consultant shall provide examples that comply with Montana Code Annotated (MCA) 75-6-305 and have been used successfully in other similar regionalization endeavors. Economic Impact Analysis and Funding Development Develop a long-term economic impact analysis that identifies and quantifies the economic limits on the Gallatin Valley without additional water supply(ies), and the potential economic benefit with additional water supply(ies). Together with the environmental benefits of the project (fewer septic systems and groundwater withdrawals), the economic development impact will form the basis of any justification for the project when pursuing funding from State and Federal partners. The funding development phase will include a two-pronged approach: 1. Research and identify large funding programs that could be used to fund portions of either or both the water and wastewater regionalization projects. The funding review will be limited to large programs and sales tax efforts that have the potential to fund significant aspects of the project as opposed to smaller programs. 2. Collaborate with the conceptual design team to identify aspects of the project that can be modified to increase the likelihood of federal funding procurement, and any phasing alternatives that can be considered to improve the likelihood of funding success. 3. Outline arguments in support of a local sales tax effort, and coordinate meetings with Gallatin Valley area state representatives. Cost-Sharing and Financial Structure Development Outside sources of funding (State, Federal, and potential public-private partnerships(P3)) will likely be critical to the success of regionaliation, but some level of self-funding will be necessary to provide local matching funds and/or to finance portions of the project that cannot be funded with outside sources. Appropriate, fair, and equitable cost-sharing will be critical to stakeholder participation in regionalization endeavors. Consultant shall identify, quantify, and explain a logical cost-sharing breakdown between local jurisdictions, for both upfront capital and long-term OM&R costs. The cost- sharing analysis shall evaluate the following, to the extent possible at this stage: DRAFT 152 · Differences in populations served within each jurisdiction · Differences for Cost of Service due to population size, water use, wastewater generation, geographic location, level of service, wastewater treatment requirements, etc. · Incorporation of any capital that a local entity may contribute to the project(s) · Incorporation of any water or wastewater infrastructure, resources or water rights that a local entity may contribute to regionalization · Accommodation of potential differences in future growth patterns between jurisdictions The above tasks will not be completed at this stage, instead the goal of this feasibility effort will be to identify long-term financial implications of regionalization for each jurisdiction, and how others may financially benefit from joining the regionalization initiative. Project Cost Analysis & Scenario Planning Financial team shall utilize the capital and OM&R cost estimates developed by the engineering team to identify the financial impacts of the various project components. Consultant shall develop a preliminary cost-share model that uses the cost estimates developed for projects to estimate the potential impact on participating jurisdictions. The goal will be to compare current rates and impact fees, and the potential for future rate increases for each jurisdiction with and without regionalization, to potential rates and impact fees for regionalization partners. The rates calculated through this will be generalized based on the projected cost-share allocated to each jurisdiction and the number of users (or total flows). Detailed scenarios will not be prepared for all users or rate classes. Summary and Recommendation Summarize the work described above and provide roadmaps for both water and wastewater regionalization. Identify key milestones as well as future work required to implement regionalization, including permitting, water rights, environmental studies, engineering, financial evaluations, and funding pursuits. Provide cost/fee estimates for work shown on the roadmaps. Also identify potential decision-making points on the roadmap where if all or part of the regionalization to halt the pursuit of regionalization. Describe incentives and benefits of regionalization, along with the disadvantages, impediments, and potential harms of regionalization. Provide a final recommendation on next steps, depending on the outcome of cost estimates, financial capacity and cost-benefits, and drawbacks of Gallatin Valley water and/or wastewater regionalization. Items/Tasks/Level of Effort Specifically Not Included in the Scope: · Preliminary design (20% plus) is not included in this scope. The level of design will be conceptual (5 to 10%). These values are in comparison to 100% design, which is appropriate for bidding. Engineer will estimate costs based on a combination of recent experience with similar infrastructure and associated schedules of values from contractors, parametric cost estimation, and adjustments for items such as terrain challenges, open land versus urban land, etc. DRAFT 153 o Pipelines will be estimated at cost/diameter-inch/mile, with separate line items for soft costs (survey, engineering, ROW, easement, construction administration). o Treatment facilities and pump stations will be estimated based on engineer’s recent experience with similar facilities and if necessary or critical to developing a Class 4 AACE level cost estimate, parametric cost models. o Buildings (treatment buildings, pump stations) will be estimated on $/ft2 basis, using consultant teams experience and with consideration given to local extremes in public works construction costs. · Final Pipeline Routing: ultimate pipeline routing would be determined with more detailed engineering analyses, easement and Right-of-Way studies and ability to acquisition. A full Pipeline Route Study will be necessary if regionalization projects move forward. · Final treatment facility and other vertical infrastructure locations: these will be based on logical locations at this stage of the study. Ultimate locations will be determined based on longer-term studies of efficiencies, access, and environmental permitting. · No more than three cost-share allocation scenarios will be provided at this time with detailed cost-share implications generalized for additional users and not targeted at any specific jurisdiction that is not currently participating · A detailed rate design will not be conducted for the individual users, but rather system-level usage and account numbers will be used to derive general rate impacts · The economic impact analysis will not target individual sectors, but the region as a whole DRAFT 154 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for the Lyman Creek Reservoir and Transmission Main Project ARPA Competitive Grant Application MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Advanced Engineering and Environmental Services, LLC, for the Lyman Creek Reservoir and Transmission Main Project ARPA Competitive Grant Application. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Lyman Creek water supply was the original water system for the City of Bozeman. The system is comprised of a trapezoidal concrete reservoir and cast iron transmission main. The oldest part of the existing reservoir dates back to 1880’s and the existing cast iron transmission main is over 100 years in age. Although the concrete reservoir and cast iron pipe remain functional, they are near the end of their serviceable life. Competitive grants through the federal American Rescue Plan Act (ARPA) were due to the State of Montana on July 15, 2021. The attached Professional Services Agreement (PSA) with Advanced Engineering and Environmental Services, LLC, provides for payment on a lump sum basis for the firm’s efforts in preparing an ARPA competitive grant application, which if awarded, would contribute funding towards the replacement of the Lyman Reservoir and Transmission Main. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The negotiated fee to complete all services agreed to in the PSA is $10,000 payable on lump sum basis. The PSA is funded by CIP Project No. W57 – WTP Facility Engineering and Optimization (FY22 Water Fund). Sufficient 155 funding is available. Attachments: PSA_Lyman Reservoir_Transmission ARPA Grant Report compiled on: July 27, 2021 156 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2020, 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 Advanced Engineering and Environmental Services, LLC with a mailing address of 1288 N 14th Ave #103, Bozeman, MT 59715, hereinafter referred to as “Consultant”, collectively referred to 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 Consultant to perform for City services contained in Section 3 for the Project: Lyman Reservoir & Transmission Main – ARPA Competitive Grant Application. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3. Scope of Services: Consultant shall prepare and provide to the City all required materials set forth by the State of Montana necessary for the City to submit an ARPA competitive grant application for the project titled in Section 1. Consultant will prepare any needed support materials that in the professional opinion and judgment of the Consultant bolster the grant application. Consultant will coordinate with the City in preparing said materials to the degree needed to develop the scope and financial plan of the overall project for which the ARPA grant is sought. Consultant will perform the work and provide the services in accordance with requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub‐consultants, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the Scope of Services a lump sum cost of $10,000. Additional charges for completion of the Scope of Services in excess of the agreed amount must be authorized by the City in writing prior to the Consultant incurring any additional charges. 157 5. Reimbursable Expenses: As defined in Section 8 of this Agreement, for completion of the Scope of Services and approved Additional Services, reimbursable expenses are included within the lump sum cost provided for in Section 4 of this Agreement. 6. Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and the Consultant shall perform, or direct its Sub‐consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree in writing upon the scope and fee basis of Additional Services prior to their commencement. 7. Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 8. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c. Direct Labor Rates: Direct Labor Rates used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on any agreed Additional Services, but does not include rates for indirect fringe benefits, indirect overhead expenses, and profit. d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses incurred by the Consultant or its Sub‐consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project‐related items. e. Sub‐consultants: Sub‐consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 158 9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant 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. Consultant represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said 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. 10. Independent Consultant Status/Labor Relations: The parties agree that Consultant is an independent Consultant for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant 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 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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. 159 For the professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant or Consultant’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). Consultant’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 Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’s 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 Consultant 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 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. Consultant also waives any and all claims and recourse against the City or its officers, agents or employees, 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, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant in subsection (a) of 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 and Consultant shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory; 160  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‐ contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non‐renewal. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 12. Termination for Consultant’s Fault: a. If Consultant 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 Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’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, Consultant shall be entitled to payment only for those services Consultant 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, Consultant 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. 13. 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 City may terminate this Agreement by written notice to Consultant (“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 Consultant. 161 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant 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. Consultant 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, Consultant is entitled to payment only for those services Consultant 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 Consultant for its performance of this Agreement. Consultant 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. 14. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant 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. b. In the event Consultant wants to assert a claim for damages of any kind or nature, Consultant 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 Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 15. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Brian Heaston, PE or such other individual 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, Consultant may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Scott Buecker, PE or such other individual as Consultant shall designate 162 in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant personnel or agents. 16. Permits: Consultant 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. 17. Laws and Regulations: Consultant 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. 18. Nondiscrimination & Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti‐discrimination laws, regulations, and contracts. The Consultant 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 Consultant shall 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. Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination and equal pay terms of its Sub‐consultants providing services under this agreement. 19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant 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 163 property or in the performance of any activities under this Agreement. Consultant 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 Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing his employees and agents in safe work practices. 20. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any Sub‐consultant or assignee will be bound by all of the terms and conditions of this Agreement. 21. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22. Non‐Waiver: A waiver by either party 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. 23. 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 to include City Attorney. 24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25. 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 164 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. 26. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 27. 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. 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 31. 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. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein 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. 34. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re‐ perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the 165 initial non‐performance or the re‐performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: (City Manager) (insert title of signatory) DATE: DATE: ATTEST: BY: (City Clerk) APPROVED AS TO FORM: BY: (City Attorney) Operations Manager July 27, 2021 166 Memorandum REPORT TO:City Commission FROM:Vesel SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Walker Consultants to Conduct a Downtown Parking Occupancy Study MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Walker Consultants to conduct a downtown parking occupancy study. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers â€“ including higher densities and intensification of use in these key areas. BACKGROUND:Walker Consultants was awarded the contract to conduct a downtown parking occupancy and dwell times study in the City of Bozeman. The study is a part of the Parking Department's effort to collect more data to inform the Parking Commission's decision making regarding on-street parking regulations, the need for new parking supply, and how to creatively manage our parking system. Additionally, it will inform operational decisions such as where to conduct more active enforcement. UNRESOLVED ISSUES:No Unresolved Issues ALTERNATIVES:No Alternatives FISCAL EFFECTS:$50,500 as budgeted in FY22 approved budget. Attachments: PSA with Walker Consultants for Downtown Occupancy Study For CC.docx Report compiled on: July 29, 2021 167 c:\users\easypd~1\appdata\local\temp\bcl technologies\easypdf 8\@bcl@f00fede7\@bcl@f00fede7.docx PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _11th____ day of _August_, 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, Walker Consultants, 10375 Park Meadows Drive, Suite 425, Lone Tree, CO 80124, 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 the Scope of Services 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 December, 2021, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described servicesthat involves additionalcosts 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 amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 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. 168 b.Contractor represents and warrants 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. Contractorshall comply with the applicablerequirements 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 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, 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, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this 169 Section as the City) from and against any and all claims, demands, actions, fees and costs (including 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, 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 intentional 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 City as 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 the City 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 applicable insurance policies required below, the City 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 City 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 [City’s] 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 170 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 shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. 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. 171 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. 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 Contractor 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. 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, 172 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 Mike Veselik, Interim Parking Manager, or such other individual 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 Andrew Vidor, Director of Studies 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. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 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. 173 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 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. 174 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. 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 the City Attorney’s Office staff. 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. 175 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. 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.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. 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. 30.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. 176 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 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 WALKER CONSULTANTS By________________________________By__________________________________ Jeff Mihelich, City Manager Andrew Vidor, Director of Studies Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 177 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Walker Consultants hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, Walker Consultants hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Andrew J. Vidor, Director of Studies Name and title of person authorized to sign on behalf of submitter 178 c:\users\easypd~1\appdata\local\temp\bcl technologies\easypdf 8\@bcl@f00fede7\@bcl@f00fede7.docx Attachment B July 27, 2021 Mike Veselik City of Bozeman Economic Development Department 121 N. Rouse Bozeman, MT 59715 Re:Proposal for Downtown Parking Demand Analysis City of Bozeman, MT Dear Mr. Veselik: Walker Consultants is pleased to submit for your review this proposal for assisting the City of Bozeman (“City”) with conducting manual parking counts within its Downtown managed parking zone. PROJECT UNDERSTANDING The City of Bozeman continues to be an economic development hot spot in the region. As a result, growth and tourism puts increased pressure on the parking assets supporting the community. The City recognizes the importance of the economic impact parking plays in the community, which is why you have a managed parking program. As the City continues to grow, you intend to continue expanding upon your existing managed parking program. Because monitoring the program is essential, the City conducts routine parking occupancy counts using vehicle-mounted and fixed license plate recognition (LPR) technology. Recently there has been a concern for the LPR’s ability to collect parking occupancy accurately. This is attributed to two primary factors: Though Montana requires front and rear license plates, plate misreads occur, for example, due to blocked, temporary, or missing plates. Additionally, out-of-state vehicles that do not display two license plates can also be skipped in counting if the cameras do not get an accurate read of the plate. Though the technology can effectively capture a “snapshot” of the parking demand in the City, these inaccuracies can misrepresent the true parking demand. As a result, the City wants to engage a parking and mobility consultant to conduct manual parking counts to accurately capture the parking demand within the B-3 boundary of the City. This active parking management district is comprised of approximately 2,262 spaces (1,650 on-street and 612 off-street). Having an accurate picture of the parking demand can help the City continue to plan for growth and, more importantly, effectively manage the transportation system. Working with the City, Walker Consultants (“Walker”) will assist in collecting, analyzing, and presenting an accurate picture of the typical parking demand within the currently managed parking area of the City. Following the completion of this data analysis, we are prepared to work with the City to identify and establish modifications to the existing parking management system as/if appropriate. These changes may result in new travel patterns or otherwise change how certain Downtown areas are utilized since the City last completed the system analysis. 10375 Park Meadows Drive, Suite 425 Lone Tree, CO 80124 303.694.6622 walkerconsultants.com 179 Scope of Services Base Scope 1. Meet with City staff to review and discuss appropriate data collection dates, information important to us for field data collection, and other information related to the parking study the City feels is important to discuss. 2. Confirm the existing parking supply using the provided managed parking district map (B-3). 3. Develop a study area map and data collection field materials. 4. Manually collect typical peak hour (12 pm - 1 pm and 6 pm – 7 pm) parking occupancy. The occupancy will be recorded by parking facility (parking lots, parking garage, and by block face for on-street parking. Since parking occupancy varies by day of the week, we recommended occupancy data be collected during both a weekday (not including Friday) and a weekend. 5. Summarize the parking occupancy information in a summary report with graphical, tabular, and infographic support. 6. Meet to review and discuss the findings of the analysis, during which we will provide a high-level discussion on how this data can be used to make policy or parking management changes. 7. Based on our findings and site visit, we will recommend possible next steps the City could consider for its parking program. Secondary Scope 1. Conduct a parking turnover (length of stay) analysis for the study area over a twelve-hour period for a typical weekday and weekend. Analyze and summarize the parking turnover information in the summary report outlined above. This information is useful in understanding the effectiveness of current parking time limits, the effectiveness of enforcement, and possible changes to the existing parking regulations. 2. Compare the manual parking occupancy counts with those previously collected to understand the variances between the data collection methods, opining on potential development and population impacts on the data sets. 3. Map parking turnover reads in the Cities existing GIS model to analyze movement patterns that may inform time limit and parking enforcement programming. Schedule & Professional Fee We recommend that field data collection occurs in August, so the peak summer season activity is captured before school is back in session. Analysis and deliverables of our work can be issued within two weeks of data collection. We are prepared to complete our analysis and deliver our findings by the end of August if authoirzed no later than August 6, 2021. Our work will be completed utilizing the attached General Conditions of Agreement or a mutually agreeable contract provided by the City. The fee for our services is listed in the table below; our travel-related expenses are included. Please select the scope of services the City authorizes us to complete. 180 Base SCope of Services Professional Fee Authorization Parking Counts (Summer Weekday)$4,950 Parking Counts (Summer Weekend)$4,950 Parking Count Analysis and Deliverables $10,800 TOTAL BASE SCOPE OF SERVICES FEE $20,700 sECONDARY SCope of Services Professional Fee Authorization Parking Turnover Counts (Summer Weekday) $6,600 Parking Turnover Counts (Summer Weekend) $6,600 Parking Turnover Analysis $12,000 Manual Count vs. LPR Count Comparison $1,800 GIS Data Input $2,800 TOTAL SECONDARY SCOPE OF SERVICES FEE $29,800 We want to make sure we’re meeting the needs of the City. Should we need to modify our scope to better fit your needs, please let us know. We have enclosed several examples of the graphic deliverables that could be used to illustrate parking occupancy in addition to the summary report that will be provided. About Walker Consultants Walker Consultants is a professional services firm that employs engineers, architects, planners and parking-operations and technology specialists who deliver customized, knowledge-based services relating to forensic restoration and building envelope restoration engineering, parking and mobility planning, parking operations and technology consulting, and parking facility design. Founded in 1965, we are the leading and largest firm of our kind, employing more than 325 professionals across the US. Our clients largely consist of building owners including airports, colleges and universities, cultural and entertainment uses, hospitals, municipalities, and real estate developers. WALKER'S PLANNING AND OPERATIONS & TECHNOLOGY PRACTICE Walker Consultants’ Planning and Operations & Technology practice exists in support of the following goals: To make it easier for people to access their destination; To support transportation mode choice; To optimize parking and transportation customer service and bottom lines; To promote recreational opportunities and public health; To improve quality of lives through economic growth and built environments that work for people. Toward this end, this practice provides the following services: Parking, mobility, and curbside studies and plans, including the impacts of Transportation Network Companies, e.g., Uber, Lyft, etc. and autonomous vehicles; Transportation demand management studies and plans; Parking right-sizing, allocation, and pricing strategies; Parking facility operational audits; Operations consulting for parking facilities and on-street parking; Parking Access and Revenue Control System and Automated Parking Guidance System designs; RFPs that help owners contract for commercial parking operator services; and 181 Parking facility and system financial feasibility studies and due diligence, including studies to inform prospective parking system monetization. Services are delivered by professionals with deep experience in urban planning and mobility, parking and transportation operations, and parking access and revenue control technologies. Your Project Manager Your project manager and point of contact for this planning effort is Andrew Vidor, Walker’s Director of Planning. Andrew has a bachelor’s degree in Civil Engineering, with an emphasis in transportation. He has been in the industry and with Walker for over 17 years and is located in our Denver, Colorado office. His subject matter knowledge has been published in notable trade magazines and he is a regular presenter at industry conferences across the US multiple times a year. Andrew has personally delivered over 50 parking study/consulting engagements to municipalities across north America and the Rocky Mountain west. Andrew leads a team of individuals responsible for the delivery of over 60 mobility studies in the mountain region annually. This includes projects for a wide array of agencies including municipalities, resorts, institutions, healthcare, airports, commercial developments, and transit agencies. Andrew has been working with the City for several years on preliminary financial analysis for new parking facilities the City is considering. We appreciate the opportunity to continue serving you and are looking forward to beginning this effort soon. 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 city of bozeman Accepted by (Signature) Printed Name Title Date 182 general conditions of agreement SERVICES Walker Consultants (“Walker”) will provide the CLIENT professional services that are limited to the work described in the attached letter (“the services”). Any additional services requested will be provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written information and documents supplied by the CLIENT, and are limited to and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third-party beneficiary is contemplated. All documents prepared or provided by WALKER are its instruments of service, and any use for modifications or extensions of this work, for new projects, or for completion of this project by others without Walker’s specific written consent will be at CLIENT’s sole risk. PAYMENT FOR SERVICES Walker will submit monthly invoices based on work completed. Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver payment to WALKER within thirty (30) days of date of invoice, Walker may, at its option, suspend or withhold services. The CLIENT agrees to pay Walker a monthly late charge of one and one half percent (1½%) per month of any unpaid balance of the invoice. STANDARD OF CARE Walker will perform the services in accordance with generally accepted standards of the profession using applicable building codes in effect at time of execution of this Agreement. Walker’s liability caused by its acts, errors or omissions shall be limited to the fee. Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the CLIENT. Walker will not independently investigate the accuracy of the assumptions. 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. PERIOD OF SERVICE Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty (30) days after final documents are delivered to the CLIENT. 183 Professional Services Agreement for Downtown On- and Off-Street Parking Occupancy Study FY 2020 – FY 2021 Page 17 of 20 Example graphics to illistrate parking occupaancy and turnover Study Area Map 184 Professional Services Agreement for Downtown On-and Off-Street Parking Occupancy Study FY 2020 –FY 2021 Page 18 of 20 Parking Occupancy 185 Professional Services Agreement for Downtown On- and Off-Street Parking Occupancy Study FY 2020 – FY 2021 Page 19 of 20 Vehicle movment analysis 186 Professional Services Agreement for Downtown On- and Off-Street Parking Occupancy Study FY 2020 – FY 2021 Page 20 of 20 Parking Lengh of Stay 187 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer Scott Shirley, Public Works Director SUBJECT:Authorize the City Manager to Sign a Contract Agreement with Precision Concrete Cutting to Provide Sidewalk Grinding Services MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a contract agreement with Precision Concrete Cutting to provide sidewalk grinding services for the City. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: In 2016 the City began retaining Precision Concrete Cutting as a sole source provider for concrete grinding in the city. The purpose of this work is to remove trip hazards on public sidewalk caused by boulevard tree roots pushing up on sidewalk panels and creating an uneven walking surface. This work will be directed by city engineering staff. Attached is a copy of the partially executed contract agreement with Precision Concrete Cutting in the City’s standard format. UNRESOLVED ISSUES:None. ALTERNATIVES:Disapprove. FISCAL EFFECTS:As described in the contract, concrete grinding will be billed on a unit cost basis not to exceed $30,000 in locations specified by the City. This work will be paid for by approved funding from our contracted services. Attachments: Precision Contract.pdf Report compiled on: July 22, 2021 188 Page 1 of 16 CONTRACT AGREEMENT This Agreement is made 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, P.O. Box 1230, Bozeman, Montana 59771- 1230 (“City”), and Precision Concrete Cutting, (“Contractor”). In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: Removing trip hazards on public sidewalk caused by boulevard tree roots. 2. Contract Documents: The Contract Documents which comprise the entire agreement between the City and Contractor as attached to or referenced in this Agreement, are made a part hereof by this reference and consist of the following: a. This Agreement. b. Proof of Insurance c. Montana Public Works Standard Specifications, ____ Edition (MPWSS), and as further amended by the City of Bozeman Modifications to MPWSS. There are no Contract Documents other than those listed above in this Section 2. The Contract Documents may not be altered, amended or repealed except by a modification (as defined in the MPWSS, General Conditions). 3. Time of Performance: Contractor shall begin the Work August 1, 2021 and be completed no later than September 30, 2021. 4. Payment: a. Upon satisfactory final completion and acceptance of the Work, City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Work, the amount of $40.55 per inch-foot of sidewalk satisfactorily cut not to exceed [thirty thousand dollars] ($30,000). b. Contractor shall submit applications for payment in accordance with the Montana Public Works Standard Specification, 6th Edition General Conditions. Applications for payment will be processed as provided in the General Conditions. c. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, 189 Page 2 of 16 obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Work that Contractor may have or assert against City, its officers, agents, and employees. d. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in the MPWSS. 5. Inspection and Testing: a. City has the right to inspect and test any and all Work performed by Contractor. Contractor shall allow City and its agent’s access to the Work at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the Work or uncovering or taking down portions of the finished Work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the Work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Work. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any Work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 6. Contractor’s Representations and Warranties: In order to induce the City to enter into this Agreement, Contractor represents and warrants as follows: a. Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, the Work site, 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 Work. 190 Page 3 of 16 b. Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work. c. Contractor has made or caused to be made examinations, and investigations as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by Contractor for such purposes. d. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. e. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. 7. General Requirements: a. Contractor Use of Premises. The Contractor shall confine his operations at site of the proposed work to within the right-of-way or construction easements provided. b. Safekeeping of Equipment and Materials on Work Site. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of Contractor and that no claim shall be made against the City by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the City to the sites occupied by these stored materials and equipment, the Contractor owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property owner has agreed in writing to the location contemplated by the Contractor to be used for storage. c. Excavation. Where excavation will be required adjacent to existing structures, the Contractor shall be solely responsible to maintain the structural integrity of the existing structures. The Contractor shall take whatever means necessary to insure that the existing structure is not damaged and if necessary shall install sheet piling. The Contractor shall repair all damage to the existing structures at his own expense. Any fences destroyed during construction shall be repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to the Contractor caused by existing underground installations shall not constitute a claim for extra work, additional payment or damages. d. Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The Contractor shall take whatever means necessary to insure that the existing mailboxes, curbs and gutters and driveways are not damaged during construction. If it is necessary 191 Page 4 of 16 to remove or disturb mailboxes during construction, the Contractor shall repair and restore the mailboxes at his own expense to the satisfaction of the property owner. Any curb, gutter, or driveways damaged during construction, not noted to be replaced on the drawings, shall be replaced by the Contractor at his own expense. e. Surface Drainage. Water from such sources as surface runoff, dewatering and flushing of water lines during project construction shall not be allowed to enter into drainage ways or open areas that will cause flooding of existing structures, street intersections, or lawn areas. f. Debris; Restoration. While performing the Work, and as part of the final completion of the Work, Contractor shall clean up the Work site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Work. Any disturbed landscaped areas shall be properly restored. g. Work Sequence. The Contractor shall schedule the work to minimize inconvenience to the City and to adjacent property owners and to minimize interruptions to utility service. This shall include minimizing obstruction to local traffic especially on dead end streets. Work shall be scheduled so as to minimize disruptions to local mail delivery. h. Traffic Control. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads and walks, the Contractor shall obtain approval of such actions from the County or Montana Department of Transportation and shall provide and maintain suitable and safe lighted detours or other temporary expedients for the accommodation of public and private travel in accordance with the current edition of the Manual on Uniform Control Devices for Streets and Highways (MUTCD). The Contractor shall not occupy the work site or initiate construction until all traffic control provisions are in place and the City has been so notified. The Contractor shall cooperate and coordinate his methods with the City’s traffic control plans prior to the disruption of the normal flow of any traffic. i. Safety. Safety provisions must be entirely adequate and meet with City, County, State and Federal regulations to protect the public on affected streets and roads. 1) Barricades and Lights. Prior to the start of construction across roads or walks, all construction permits shall be obtained, utility companies notified, and traffic patterns, signing, location of flagmen, barricades and other safety measures arranged. Providing and maintaining safety barricades, and other work site safety measures shall be the responsibility of the Contractor and shall be included in the contract price. 192 Page 5 of 16 2) All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. 3) All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be provided with similar warning signs and lights. 4) All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway right-of-way, as required by the authority having jurisdiction thereover. 5) Work performed within property under the City’s jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. 8. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 9. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Work (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for 193 Page 6 of 16 materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Work, including those portions on which work has been suspended. c. As compensation for the suspended Work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (2) an equitable amount to reimburse Contractor for the cost to protect and maintain the Work during the period of suspension; and (3) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Work has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 9(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Work Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 9(c) shall be paid and no extension of time to complete the Work shall be granted if the suspension results from Contractor’s non- compliance with or breach of the terms or requirements of this Agreement. 10. 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, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Work. b. In the event of a termination pursuant to this Section 10, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Work has been completed. Upon completion of the Work, if the unpaid balance of the 194 Page 7 of 16 Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Work and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 10 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 10, 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. 11. 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 work on the Work, 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. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease work on the Work, discontinue placing orders for materials, supplies, and equipment for the Work, and make every reasonable effort to 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, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 11, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 11(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 195 Page 8 of 16 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. 12. 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 Contractor 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. 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 ten (10) 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. 13. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be [Kellen Gamradt, Engineer II] or such other individual 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 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 [_____________] 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. 196 Page 9 of 16 14. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., MCA. Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 15. 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, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Work. 16. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Work, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 17. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, Montana Contractor Registration requirements, Montana Contractors Gross Receipts Tax (Title 15, Chapter 50, MCA), 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. 197 Page 10 of 16 18. Nondiscrimination: The Contractor shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor shall 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 require these nondiscrimination terms of its subcontractors providing services under this Agreement. 19. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Work. 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. 20. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Work, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Work 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 steps Contractor shall take to resume work on the Work 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 work on the Work to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. Contractor shall indemnify, 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. 21. Subcontractors: a. Contractor may employ subcontractors for any part of the Work. Contractor shall provide City with a list of all subcontractors employed. 198 Page 11 of 16 b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Work. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Work before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Work. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Indemnification; Insurance; Bonds: a. 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 attorney’s fees and the costs and fees of and 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. 199 Page 12 of 16 b. 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). c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. 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 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. e. In the event of an action filed against 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. f. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, 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. g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. 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 subsection (a) of 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 and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below:  Workers’ Compensation – not less than statutory limits;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; 200 Page 13 of 16  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Products and Completed Operations – $1,000,000;  Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles);  Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Work or City Hall is covered by other insurance;  Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate;  Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate The amounts of insurance provided 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-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. 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. 201 Page 14 of 16 26. Performance and Payment Bonds: The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City each in an amount equal to one-hundred Percent (100%) of the Agreement amount. 27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 28. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 29. Attorney Fees: In the event it becomes necessary for either party to this Agreement 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 given notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel (to include the City Attorney’s Office). 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. 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. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 202 Page 15 of 16 33. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 34. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 35. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 36. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 37. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Work. Contractor may not assign to any third party other than Contractor’s subcontractors on the Work, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Work, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties 203 204 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager Anna Rosenberry, Assistant City Manager Jim Veltkamp, Chief of Police Cassandra Tozer, Human Resources Director Melody Mileur, Communications Coordinator Dani Hess, Neighborhoods Program Coordinator Eilis Gehle, Human Resources Associate SUBJECT:Fourth Quarterly Report on Bozeman as an Inclusive City MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:None STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND:On July 22, 2020 the City Commission was presented with the “Bozeman as an Inclusive City Review of Policies.” This internal review presented 24 actions items describing how the City could continue to strive toward a more equitable and inclusive organization and community. As a part of the report City staff will be providing the City Commission with quarterly updates on the progress made on the actions outlined in the report. This is the fourth quarterly report on this topic to come before the Commission. The report includes detailed updates on completed and in progress/ongoing actions as well as a timeline and budget for each action in the report. To view previous quarterly reports visit the City’s website www.bozeman.net/equityandinclusion Some key highlights from the report include: Spotlight on the completion of the Equity Indicators Project which is currently being finalized. Through significant community engagement and data collection several "gap" areas have been identified and staff are identifying sustainable "equity indicators" to tract progress as we work to advance equity in our community Continued progress toward planning for a community roundtable on equity and inclusion Recent grant awarded by AMB West Philanthropies/Arthur M. Blank Foundation in the amount of $53,745 to fund staff training 205 UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: Inclusive City Report August 2021.pdf Report compiled on: August 3, 2021 206 1 AUGUST 10, 2021 City of Bozeman Inclusive City Project Team Inclusive City Quarterly Report August 2021 207 2 City Manager Update In July of 2020, staff came before the City Commission with the Inclusive City report. This internal report has 24 actions describing how we can continue to strive towards a more equitable and inclusive organization and community. This is the City’s fourth quarterly report. This milestone marks just over a year of the City starting this work. I’m proud of the work we’ve started and grateful for the support of experience of the many stakeholders who have been involved in these project. We are still learning and continuing to build relationships across our community. To view all previous reports visit our website at www.bozeman.net/equityandinclusion. This report includes a list of completed actions along with updates on newly completed items, updates on actions that are in progress, and a detailed timeline and associated budget for all actions. Words matter in this work, and it’s important to point out that many of these items may never be “complete” but will be “ongoing” efforts that the City is dedicated to incorporating as a part of routine work. For this report I’d like to highlight our progress on a very critical action to develop an equity and inclusion plan. As a part of that work staff are now wrapping up the Equity Indicators project, designed to identify gaps in our services and establish baseline metrics to measure equity and our progress throughout this work. This data is a critical stepping stone to taking the next step and intentionally planning for action. Staff and our consultant held a thorough engagement process which included one-on-one interviews, focus groups, community forums, and a widely shared community survey. We’re excited to share with you the priority needs that were identified as a part of this work, as well as some of the recommended indicators that we will be looking into further with our many partners! The final report will be complete later this month and available on our website at www.bozeman.net/equityandinclusion The City is continuing to plan for a community roundtable later this fall and is excited to have some great partners including Montana State University, Bozeman Health, Montana Racial Equity Project, Bozeman School District 7, and REACH, Inc. This is a collaborative planning effort and details are still being determined. Our internal team continues to learn from counterparts across the U.S. through the Government Alliance on Race and Equity (GARE) network. Several staff attended the annual conference (virtually) this spring and others have attended monthly connections with nationwide leaders in this space. Recent topics have included learning about other jurisdiction best practices for creating affinity groups and caucusing spaces. In the simplest terms, our goal is to ensure that every resident, visitor, and City of Bozeman employee feels welcomed and valued, and has the opportunity to thrive no matter their race, identity, or life circumstance. – Jeff Mihelich 208 3 Completed Actions For further detail on completed actions please review previous reports on our website at www.bozeman.net/equityandinclusion City Manager Recommendations 1. Provide a quarterly progress report to the City Commission and interested stakeholders The next report will be delivered in November 2021. 6. Become a member of the Government Alliance on Race and Equity (GARE) The City of Bozeman was accepted into GARE in November 2020. Bozeman is now the first organization from Montana to be a part of GARE! As a part of the City’s membership there are opportunities to learn from leaders in the space as well as share successes. Several staff have already completed the GARE Foundations training course “Advancing Racial Equity: The Role of Government” and are utilizing the network to ensure the City’s actions are in line with best practices. Diversity, Inclusion and interaction with Minorities – Bozeman Police Department 2. Augment existing policies and update to “Bias-free Policing” The Bozeman Police Department has reviewed its existing policies against the model policy of “Bias-Free Policing” and updated the department’s existing policies where necessary to be in line with this national best practice (See Appendix A.) The final policy has now replaced the prior policy and staff have completed a training program which highlighted the changes and the key points. Use of Force – Bozeman Police Department 1. Policy Changes The Bozeman Police Department has made revisions to the current policy which includes providing additional policy direction concerning de-escalation and use of force. The goal of the updates is to address community concerns and provide clarity for officers. As a result, a new and updated “Use of Force” policy (see Appendix B) has been finalized and approved. The updated policy has been implemented and staff have completed a training program to familiarize them with the changes. Citizen Appeal Process – Bozeman Police Department 2. Clearly distinguish inquiries from complaints After distinguishing inquiries from complaints, Bozeman Police Department staff began the lengthy process of formulating workflow stemming from each category, which has now also been completed. The workflow clearly separates and defines “inquiries,” “minor complaints,” and “major complaints.” After that, it distinguishes 209 4 which major complaints will require an administrative investigation and which will require an external investigation. 210 5 In Progress Actions City Manager Recommendations 2. Identify anti-discrimination, implicit bias and systemic racism training for elected officials and department heads. The project Training Team has recommended the National League of Cities’ Race, Equity And Leadership (REAL) training program as the partner to deliver REAL 100: Normalizing Racial Equity in Local Government Training to all city staff, including elected officials and department heads. It is very important that everyone in our organization, regardless of position, experience this base-line training. The process includes an employee assessment that will take place leading into the training that will assist in identifying follow-up training needs after this 100-level course. Staff are currently putting together the questions for the pre-training assessment that we plan to have employees complete in August. During this past quarter, the City was awarded a generous gift from AMB West Philanthropies, which comprises the nonprofit interests of the Arthur M. Blank Family Foundation, to fund additional training with National League of Cities’ Race, Equity And Leadership (REAL). We anticipate entering into the grant agreement for $53,745 and extending our contract with REAL in the coming months. With the hiring of our Human Resources Director and the upcoming work with the REAL Program, staff believe that a more formalized training calendar will be complete in the coming quarter. 4. Sponsor a diversity, equity and inclusion summit with community partners. Staff have begun the very initial conversations with key stakeholders to plan for a community roundtable to share the results of the Equity Indicators Project and hold space for learning and dialogue around how we can continue this work together to make Bozeman a place where all can thrive. Montana State University and Bozeman Health have committed to providing their support and staff will begin to pull together a group of stakeholders including Montana Racial Equity Project to intentionally plan for what this event could look like. 5. Accelerate the implementation of body worn cameras for the Bozeman Police Department. After having selected Getac Video Solutions as the new vendor for patrol car video systems, interview room video systems, and body worn cameras, the Bozeman Police Department installed a test patrol car video system this summer. Having a system installed and being tested on a daily basis has allowed the department to fix any issues and ensure complete integration with the new digital evidence management system. In addition, plans have been finalized to have this system installed in the interview rooms in the new Bozeman Public Safety Center. As of this report, the Bozeman Police Department and Bozeman City Attorney’s Office are working to finalize a contract with Getac Video Solutions. Once a contract is finalized and specific purchase options are offered and considered, the process of migrating all patrol car video systems to this vendor will begin. 211 6 3. Develop a City Equity and Inclusion Plan to engage stakeholders and identify gaps community wide and to implement policies that help all persons in Bozeman thrive regardless of economic, racial, cultural, or gender identity. PROJECT SPOTLIGHT EQUITY INDICATORS PROJECT UPDATE The City of Bozeman (the City) hired Thomas P. Miller & Associates (TPMA), an Indianapolis-based consulting firm, to measure equity and access to resources in the City. The purpose of this project is to establish a baseline to measure equity and track our progress as we work together to make Bozeman a more inclusive, welcoming, and equitable place. The TPMA and City of Bozeman used the following definitions to guide the work. Equity: Ensuring that all residents, visitors, and City of Bozeman employees feel welcome, valued, and like they can thrive in our community no matter their race, identity, or life circumstance. Equity indicator: A specific measurement that quantifies the disparity in experience between a community average and a given identity or characteristic (race, ethnicity, gender identity, ability, socioeconomic status). Gaps Analysis: A process to identify which services exist and which are needed to provide all people with access to the things they need to thrive in our community. This project relied on input from the community through a survey, facilitated conversations in focus groups, virtual one-on-one interviews, and two community forums. Data from the census and from local community needs assessments and other programmatic documents were also reviewed. The community engagement process provided opportunities to discuss pressing needs of the community, share the lived experience of community members and offer recommendations on what the equity indicators should measure. The equity indicators report weaves together quantitative and qualitative data by incorporating existing local data, direct quotes and the varying perspectives heard from different communities represented in the stakeholder engagement process. The recommended indicators reflect the highest priority needs expressed by stakeholders to ensure Bozeman is a place where all can thrive. Data to inform these indicators will be drawn from the census and from emerging data sharing agreements with local partners providing services in Bozeman. Priority Needs • Housing • Transportation • Health • Education 212 7 • Childcare and Youth Programming • Economic Opportunity • Quality of Place • Justice and Civic Health In addition to these priority categories, there were cross-cutting gaps mentioned during stakeholder engagement that overlapped all categories. Those needs included: Increased information about resources // Stakeholders shared that they did not often know where to look for resources and that improved communication would increase individuals’ ability to access the resources needed. Spanish translation // With a growing Hispanic and Latinx population, the need for Spanish translation was mentioned regarding several of the categories listed above. Partnering with other organizations // There are local organizations that are working to increase equity and meet the needs of the community; stakeholders felt it was important that the City connect with these organizations, both so they could serve as experts, and also to ensure services were not needlessly duplicated. Needs and Gaps Summary The findings from each category are summarized below; detailed findings, recommendations, and further explanation of the indicators are located in the report. Some of the recommended indicators may not be collected currently and may need data sharing agreements or additional conversations with local partners to develop the indicators. Housing Needs: There were a multitude of issues within the realm of housing that arose during the data collection, the main needs identified were: • Access to affordable housing • Programs and supports for individuals and families experiencing homelessness Recommendations: Recommendations for housing included supporting and expanding existing housing initiatives and navigation services as well as public policy and incentives to support the development of affordable housing. Recommended Indicators: • Average listing price for homes • Home ownership: percent owner-occupied households by race/ethnicity compared to rentals by race/ethnicity • Housing Cost Burden: The percentage of households that spend more than 30% of their income on housing • The rate at which individuals receive emergency housing, including how many people are unhoused/living in tents/cars/RVs • Have more data on the Affordable Home Buyers dashboard on the Community Hub • Number of subsidized units, as reported to the U.S. Department of Housing and Urban Development, in Bozeman as a proportion of number of households living in poverty 213 8 Transportation Needs: • Access to transportation • Safety Recommendations: Recommendations for transportation include increasing the hours of operation, adopting innovative first mile/last mile solutions, and creating rider centered transit design. Recommended Indicators: • Percent of households without a vehicle by race and ethnicity: this information will not be available until the 2020 Decennial Census is available. • Streamline and Galavan ridership • Number of public transportation documents and signage translated into Spanish • Audible Crosswalks • Pedestrian and cyclist crashes by location Health Needs: • Access to healthcare • Mental health and substance use supports and programs Recommendations: Recommendations include using data driven solutions to address health inequities, confronting institutional racism and discrimination, and prioritizing health system and community collaboration. Recommended Indicators: • Drug use hospitalizations • Mental disorders hospitalization rate • Drug overdose mortality • Suicide mortality • Access to healthcare • Rate of translation services used • LGBTQ+ healthcare providers trained Education Needs: • Increased opportunities for adult education • Addressing the disparity in k-12 education Recommendations: Recommendations include creating cradle-to-career educational systems, partnering with the community and leaders to advance educational equity, and investing in sector-based strategies and career pathways. Recommended Indicators: • Educational Attainment for the population age 25-64, by race/ethnicity 214 9 • Number of job training programs available and average cost • Median earnings by educational attainment • Graduation rate by race/ethnicity, receiving free and reduce lunch, English learner status, experiencing homelessness, and students receiving IDEA services • Percent of students receiving free and reduced lunch by school location • 3rd grade reading scores by race/ethnicity, receiving free and reduce lunch, English learner status, experiencing homelessness, and students receiving IDEA services Childcare and Youth Programming Need: • Access to affordable programs Recommendations: Recommendations include supporting specialized childcare and youth programming for vulnerable communities, addressing the childcare benefits cliff, and expanding access to high quality, affordable childcare and early learning opportunities. Recommended Indicators: • Percent of children enrolled in school age 3 to 4 • Children younger than 6 by parental employment status • Free programs offered for youth • STARS to Quality Programs by level, and location in the community • Families in Bozeman with Income Below 200% of the Federal Poverty Level • Best Beginnings Child Care Scholarships for Bozeman Economic Opportunity Need: • Having living wage jobs Recommendations: Recommendations include institute a living wage. Enhance business retention and expansion services to include emphasis on job quality and diversity, equity, and inclusion. Use fiscal, purchasing, and incentive strategies to improve availability of quality jobs. Recommended Indicators: • Disability & unemployment ratio: between the unemployment rates for people with and without disabilities • Household income by race • Poverty: percent people below poverty by race/ethnicity and age • Unemployment: unemployment rate by race/ethnicity • Business Ownership- firms by race/ethnicity, age, and gender Quality of Place Needs: • Public space needs including trails and paths, safer built environment, and more recreational spaces • Increased access to broadband 215 10 Recommendations: Recommendations include incorporating inclusive placemaking design strategies and the increased accessibility of broadband internet services. Recommended Indicators: • ADA compliant pedestrian ramps • Tracking accessible and inclusive signage and amenities in public spaces. Examples include gender neutral bathrooms and signs in braille. Other inclusive art or signs like the rainbow crosswalks or Black Lives Matter signs that indicate to the community the City supports all members of the community. • Percent of households without internet subscription by household income • Participation in recreation and culture activities and events • Number of City events that promote diversity, equity, and inclusion or celebrate diverse cultures. Examples are Pride, Juneteenth, Indigenous Peoples Day. Justice and Civic Health Needs: • Safety and justice reform • Civic engagement & representation in government Recommendations: Recommendations include recruiting and empowering diverse leaders, applying a racial equity impact analysis to policy decisions, deepening the connection between safety and justice, and investing in community equity and awareness training. Recommended Indicators: • Demographic breakdown of city employees • City employee cumulative turnover rate • Demographics of candidates applied, interviewed, and hired • Representation in government of City Commissioners • Bozeman Police Department call logs • Police Department representation • Traffic stops and arrests • Incorporate the Inclusive City Quarterly Reports as indicators Next steps Over the next few months, data sharing agreements will be executed with partner organizations and an online platform will be developed to share live indicators. Staff are finalizing the report and the final document will be available on our website as soon as it's ready. For those who’d like a copy of the document emailed directly to their inbox community members can sign up for e-notifications and select the “community engagement” category. Access to the report and draft indicators will be available at www.bozeman.net/equityandinclusion as our live dashboard is developed in-house. We anticipate a launch of a live dashboard this winter to inform conversations on how we can take action to address these needs and close the gaps together as a community. 216 11 Anti-discrimination 1. Implement additional training for all city staff. As mentioned above under City Manager’s Recommendation Action 2, the project Training Team has recommended the National League of Cities’ Race, Equity And Leadership (REAL) training program is our as the partner to deliver REAL 100: Normalizing Racial Equity in Local Government Training to all city staff, including elected officials and department heads. Training activities, including a pre-training assessment, will occur late summer and fall. Implementation is expected to be complete by the end of the summer. With the funding assistance of the Arthur M. Blank Foundation, a training calendar with additional REAL trainings, quarterly and annual/semi-annual workshops or speakers will be developed. We expect the calendar to be drafted within the coming months. Additionally, the team will establish a 12 month training calendar for all employees by Summer 2021 which will include quarterly trainings and annual/semi-annual workshops or speakers. We will be relying on our work with the REAL Program, and the hiring of our Human Resources Director to aid in creation of the calendar. In December, the Human Resources Department deployed an introductory Workplace Diversity training to all staff through the new learning management system. As of July 21st, 98.2% of employees completed the training. Leadership will continue to prioritize completion of this training with their staff. This training is part of the City’s new hire orientation and completed by new staff as they come in to the organization. In June of 2021, the City Commission intentionally earmarked approximately $61,000 for the Bozeman Police Department to use to increase training in the areas of implicit bias and de-escalation. During this quarter, the Bozeman Police Department utilized those funds to purchase a virtual reality training simulator. Rather than spending the funds on one-time training, the purchase of this system will allow the department to conduct ongoing training on these issues. In addition, the system will be used to offer training to other City employees, train new officers on a wide variety of topics, and during events such as the Citizen’s Police Academy. Training Date Completed Length # Staff Trained Comments Workplace Diversity Started December 2020, Ongoing 1 hour 98.2% of all employees Cultural diversity can strengthen an organization’s values and enhance community awareness. Due to our country’s rapid growth and ever- changing diverse populations, organizations are realizing strength in the marketplace is linked to their ability to attract a culturally diverse workforce. Unfortunately, discrimination still occurs on many levels. The goals of this program are to promote awareness and encourage acceptance, describe strategies to create a positive and 217 12 accepting work environment, and to highlight the steps to take should discrimination occur in the workplace. GARE Foundations Advancing Racial Equity: The Role of Government Started December 2020, Ongoing 6 hours 7 This course provides an introduction to the role, responsibilities and opportunities for government to advance racial equity. Participants gain awareness of the history of race and of implicit and explicit bias and individual, institutional, and structural racism and how it impacts the workplace. The course also focuses on normalizing racial equity as a core value with clear definitions of key terminology, operationalizing racial equity via new policies and institutional practices, and organizing, both internally and in partnership with other institutions and the community. Participants also become skilled at identifying and addressing institutional and structural racism. 4. Review best practice recommendations, including the THRIVE index and the Municipal Equality index City staff had initial discussions on the City’s current scores in the THRIVE index (Appendix C) and the Municipal Equality Index (Appendix D.) Based on the City’s scores from 2019, the team has identified several key areas where additional progress can be made: 1. THRIVE Index: We believe that we may be able to improve our Paid Parental Leave policies to assist employees. The Human Resources Department is researching the issue and will make recommendations to the City Manager within the coming months. 2. Municipal Equality Index: The City has submitted feedback to MEI for any changes to our 2021 score. We expect a final scorecard to come out at the end of the year. Diversity, inclusion and interaction with minorities – Bozeman Police Department 1. Training This item will be an ongoing effort by the Bozeman Police Department to explore additional training opportunities on topics including recognizing implicit bias, anti-racial profiling and Bias-Free policing. Training Date Completed Length # Staff Trained Comments Implicit Bias November 2020 2.5 hours 64 (all officers) Officers completed an online course intended to help them understand how implicit bias 218 13 impacts actions and decisions. The course examined the relationship between unconscious and implicit bias, addressed illicit bias and how it affects decision making, and discussed the importance of communicating effectively. Use of Force 1. Training This item will be an ongoing effort by the Bozeman Police Department to incorporate more communication and de-escalation, scenario-based, in-service trainings for officers. Staff will also evaluate and consider additional training programs on topics that include communication, de-escalation, intervention, recognizing force mitigation opportunities, use of force decision-making and more. Training Date Completed Length # Staff Trained Comments Decision Making November 2020 2 hours 64 (all officers) Officers attended a training regarding making good decisions during critical incidents. This training included the science behind why poor decisions are sometimes made, the inherent “fight or flight” response and how to overcome it, and how to remain calm and think critically during high-stress incidents. De-escalation, Intervention, and Force Mitigation January 2021 2 hours 62 (all officers) Officers completed an online course focusing on “De-Escalation, Intervention, and Force Mitigation.” After defining each term, the training discussed the importance of focusing on a “guardian” mindset, described a variety of factors involved in human interaction, and explored techniques for lowering emotions to change behavior in volatile situations. Situational Awareness for Force Usage Training May, 2021 2 hours 40 After participating in a live scenario that obviously required force, officers were placed in a slightly altered scenario that did not require force. Scenarios were intended to train officers to individually assess each situation, utilize good communication skills, recognize potential danger versus lethal danger, and focus on de-escalating whenever possible. Citizen Appeal Process 219 14 1. Create a stand-alone citizen complaint policy.3. Refine the complaint investigative process. These action items are interconnected and, for the sake of this report, are considered dependent upon each other. After distinguishing inquiries from complaints, staff began the lengthy process of formulating workflow stemming from each category, which has now also been completed. The workflow clearly separates and defines “inquiries,” “minor complaints,” and “major complaints.” After that, it distinguishes which major complaints will require an administrative investigation and which will require an external investigation. The overall citizen complaint policy has now also been completed, a policy which will be included when the department soon begins publically publishing all policies. The “complaint form” which will begin each complaint process is now also being finalized and will also be made available to the public. Discussions are still ongoing regarding the citizen’s appeal process, including who will conduct the review and how a review will be requested. . 220 15 Bozeman as an Inclusive City Report – Actions, Budget, Timeline Green = Complete Yellow = In progress or Ongoing Red = Not yet started City Manager Recommendations Based on the review of our existing policies, procedures, training protocols and best practices the City Manager recommends the following actions: ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. PROVIDE A QUARTERLY PROGRESS REPORT TO THE CITY COMMISSION AND INTERESTED STAKEHOLDERS CITY MANAGER’S OFFICE IMMEDIATELY - FIRST REPORT NOVEMBER 2020 $0 2. IDENTIFY ANTI-DISCRIMINATION, IMPLICIT BIAS AND SYSTEMIC RACISM TRAINING FOR ELECTED OFFICIALS AND DEPARTMENT HEADS HUMAN RESOURCES/CITY MANAGER’S OFFICE DEVELOP 12-MONTH TRAINING PROGRAM BY DECEMBER 2020 $53, 745 (PAID FOR THROUGH GRANT) 3. DEVELOP A CITY DIVERSITY, EQUITY AND INCLUSION PLAN TO ENGAGE STAKEHOLDERS AND IDENTIFY GAPS COMMUNITY WIDE AND TO IMPLEMENT POLICIES THAT HELP ALL PERSONS IN BOZEMAN THRIVE REGARDLESS OF ECONOMIC, RACIAL, CULTURAL, OR GENDER IDENTITY CITY MANAGER’S OFFICE 18 MONTHS UNKNOWN 4. SPONSOR A DIVERSITY, EQUITY AND INCLUSION SUMMIT WITH COMMUNITY PARTNERS SUCH AS MONTANA STATE UNIVERSITY, HRDC, AND MONTANA RACIAL EQUITY PROJECT CITY MANAGER’S OFFICE 2021 UNKNOWN 5. ACCELERATE THE IMPLEMENTATION OF BODY WORN CAMERAS FOR THE BOZEMAN POLICE DEPARTMENT BOZEMAN POLICE DEPARTMENT BPD WILL HAVE RECOMMENDATION ON TIMELINE AS A PART OF THE UPCOMING CAPITAL IMPROVEMENT PLANNING PROCESS AND WILL MAKE RECOMMENDATIONS ON FISCAL YEAR. BPD WILL HAVE COST ESTIMATES AS A PART OF THE UPCOMING CAPITAL IMPROVEMENT PLANNING PROCESS. 221 16 6. BECOME A MEMBER OF THE GOVERNMENT ALLIANCE ON RACE AND EQUITY CITY MANAGER’S OFFICE IMMEDIATELY $1,000 ANNUALLY 222 17 Overall Diversity for the Organization ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. MAKE DIVERSITY A FORMAL AND HIGH PRIORITY FOR THE ORGANIZATION The City will communicate its commitment to diversity to all city staff and significantly increase formal training for supervisors and employees on implicit bias. The City will review and adjust its employee performance appraisal system to ensure consistency of evaluations and non- discrimination. CITY MANAGER HOLD ALL CITY STAFF MEETING AND PASS ADMINISTRATIVE ORDER $0 223 18 Anti-discrimination ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. IMPLEMENT ADDITIONAL TRAINING FOR ALL CITY STAFF HUMAN RESOURCES LMS “WORKPLACE DIVERSITY” DEPLOYED TO ALL EMPLOYEES BY DECEMBER. ESTABLISH A 12 MONTH TRAINING CALENDAR FOR ALL EMPLOYEES BY MARCH 2021 WE HAVE A SYSTEM WITH THESE TYPES OF TRAININGS INCLUDED BUT MAY NEED FUNDING FOR IN PERSON TRAINING The City will consider more frequent and additional trainings including trainings on “Inclusion in the Workplace” and “Implicit Bias” 2. EMPLOYEE ENGAGEMENT SURVEYS HUMAN RESOURCES SPRING 2021 $0 The City will engage employees annually to gauge inclusion and engagement in the workplace to measure the success of other efforts by the City. 3. EMPLOYEE PERFORMANCE APPRAISAL SYSTEM HUMAN RESOURCES FY22 $0 The City will review its employee performance appraisal system and provide updates with greater consideration to fairness and inclusion. 4. REVIEW BEST PRACTICE RECOMMENDATIONS, INCLUDING THE THRIVE INDEX AND THE MUNICIPAL EQUALITY INDEX HUMAN RESOURCES/CITY MANAGER’S OFFICE INITIAL MEETING WITH CITY MANAGER TO REVIEW THESE PROGRAM ELEMENTS IN JANUARY 2021 $0 FOR INITIAL REVIEW. IMPLEMENTING NEW ELEMENTS MAY REQUIRE FUNDING. The City will review the best practices of the THRIVE index and the Human Rights Campaign’s Municipality Equality index and consider City policies that may need additional updates to meet these best practices. 5. REVIEW HOW THE CITY HANDLES ANONYMOUS COMPLAINTS (ETHICS ORDINANCE) CITY MANAGER’S OFFICE 2022 $0 224 19 The City will review the current policies within the ethics ordinance that requires complainants to give their name before complaints are given a complaint investigation status. The review will consider the failures of the policy to meet the needs of the victim and should be updated to reflect those needs. 6. EVALUATE DIVERSITY & INCLUSION ON ADVISORY BOARDS CITY CLERK’S OFFICE SUMMER 2021 $0 The City will conduct an evaluation of City Advisory Boards to determine how or if the City tracks diversity on these boards and consider systems that could be implemented to support diversity and inclusion in these spaces. 225 20 Diversity, inclusion and interaction with minorities – Bozeman Police Department ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. ADD FUTURE TRAININGS POLICE DEPARTMENT The Bozeman Police Department will explore additional training opportunities on topics including recognizing implicit bias, anti-racial profiling, and Bias-Free Policing. IMPLICIT BIAS TRAINING (ONLINE) (2.5 HR) NOVEMBER 2020 $3,400 2. AUGMENT EXISTING POLICIES AND UPDATE TO “BIAS-FREE POLICING” POLICE DEPARTMENT The Bozeman Police Department will review its existing policies against the model policy of “Bias-Free Policing” and update existing policies where necessary to be in line with this national best practice. COMPLETED AND TRAINING IMPLEMENTED $0 3. BROADEN COMMUNITY OUTREACH EVENTS The Bozeman Police Department will give continued consideration to broadening community outreach events to interact with more Montana State University groups as well as other community groups. POLICE DEPARTMENT TO BE DETERMINED DEPENDENT UPON PANDEMIC- RELATED RESTRICTIONS N/A 226 21 Hiring Practices - Overall ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. CONTINUED EFFORTS TO REACH OUR BEST PRACTICES The City will continue to evaluate and improve its efforts to achieve our best practices in hiring and recruitment. This includes improving our results for candidates and evaluating the impacts of turnover. HUMAN RESOURCES APRIL 2021 MAY NEED MINIMAL AMOUNTS FOR JOB POSTINGS TO NICHE GROUPS. 2. UPDATE HIRING PRACTICES POLICY HUMAN RESOURCES 2021-2022 $0 The City will update the hiring practices manual to reflect current practices and further efforts for diversity. The City will also train supervisors to the hiring practices and hold supervisors accountable for not following hiring practices. 3. REVIEW AND UPDATE THE LANGUAGE AND IMAGES USED FOR ADVERTISING POSITIONS HUMAN RESOURCES 2021 $20,000 The City will review the language and images used for recruiting and advertising open city positions to specialized groups. Language and images should take into consideration literal and visual differences in varied applicant pools. WORK WITH A CONSULT TO DEVELOP NEW VISUAL AND WRITTEN MATERIALS 227 22 Use of Force ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. POLICY CHANGES The Bozeman Police Department will make revisions to the current BPD policy and provide additional policy direction concerning de- escalation and use of force. These updates hope to address community concerns and provide clarity for officers. POLICE DEPARTMENT COMPLETE AND TRAINING IMPLEMENTED $0 2. FUTURE TRAININGS POLICE DEPARTMENT The Bozeman Police Department will incorporate more communication and de-escalation scenario-based in-service trainings for officers. They will also evaluate and consider additional training programs on topics that include communication, de-escalation, intervention, recognizing force mitigation opportunities, use of force decision-making, and others. DECISION MAKING (IN PERSON FOR OFFICERS) (2 HR) NOVEMBER 2020 $0 DE-ESCALATION AND FORCE MITIGATION (ONLINE FOR ALL OFFICERS) (2 HR) FALL 2020 $3,400 DE-ESCALATION SCENARIOS (IN PERSON FOR OFFICERS) (2 HR) MAY, 2021 $0 228 23 Citizen Appeal Process – Bozeman Police Department ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. CREATE A STAND-ALONE CITIZEN COMPLAINT POLICY The Bozeman Police Department will create a stand-alone Citizen Complaint Policy that will be available on the City’s website with clear instructions on how to file a complaint, the complaint investigation process, timeline for response, and steps for further engagement after an outcome has been determined. POLICE DEPARTMENT SPRING 2021 $0 2. CLEARLY DISTINGUISH INQUIRIES FROM COMPLAINTS The Bozeman Police Department will create a process, including defining the terms “inquiry” and “complaint” to clearly distinguish inquiries from complaints requiring an investigation and create a system for documenting inquiries. POLICE DEPARTMENT SPRING 2021 $0 3. REFINE THE COMPLAINT INVESTIGATIVE PROCESS The Bozeman Police Department will review and update the Complaint Investigative Process to establish a clear timeframe for notification and follow-up within 24 hours with a complainant. The Bozeman Police Department will also explore options for developing an appeal process for citizens that are unsatisfied with the outcome of a complaint investigation. POLICE DEPARTMENT SPRING 2021 $0 229 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager Greg Sullivan, City Attorney Jennifer A. Giuttari, Assistant City Attorney Melody Mileur, Communications Director Mike Maas, City Clerk Jesse DiTommaso, Deputy City Clerk SUBJECT:Ordinance 2085 Provisional Adoption of Board Consolidation and Accompanying Resolutions 5326, 5327, 5328, 5329, and 5330 Approving and Establishing the Transportation Board, the Sustainability Board, the Urban Parks and Forestry Board, the Economic Vitality Board, and the Community Development Board MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Motion 1: I move to adopt and Resolutions 5326, 5327, 5328, 5329, and 5330, and therefore Approving and Establishing the Transportation Board, the Sustainability Board, the Urban Parks and Forestry Board, the Economic Vitality Board, and the Community Development Board. Motion 2: I move to provisionally adopt Ordinance 2085 to consolidate the City's advisory boards. 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: At the January 12, 2021 Commission meeting, the City Commission identified its Strategic Plan priorities for 2021. Included is the priority of “Community Engagement,” in which the City commits to broadening and deepening the engagement of the community in local government. During the February 23, 2021 City Commission Work Session, the City Manager proposed to consolidate the City’s Citizen Advisory Boards as a means to modernize the City’s Boards into an efficient and sustainable structure. On May 25, 2022, the Commission began its review of Staff’s Memorandum on restructuring and consolidating the City’s Boards. On June 22, 2021, the City Commission confirmed direction for City Staff to move forward with restructuring the City's advisory boards. 230 In consideration of the direction provided by the City Commission, City Staff prepared Ordinance 2085, and Resolutions 5326, 5327, 5328, 5329, and 5330 for the Commission's review and adoption. UNRESOLVED ISSUES:There are no identified unresolved issues at this time. ALTERNATIVES:None assigned. FISCAL EFFECTS:None. Attachments: Ord. 2085.pdf Res. 5326_Transportation Board.pdf Res. 5327_Sustainability Board.pdf Res. 5328_Urban Parks and Forestry Board.pdf Res. 5329 _ Economic Vitatility Board.pdf Res. 5330_Community Development Board.pdf Report compiled on: August 2, 2021 231 Page 1 of 6 ORDINANCE 2085 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REPEALING CHAPTER 2, ARTICLE 5, DIVISION 2 – RECREATION AND PARKS ADVISORY BOARD; AMENDING 2.05.520 BOZEMAN MUNICIPAL CODE (COMPOSITION OF PLANNING BOARD); REPEALING CHAPTER 2, ARTICLE 5, DIVISION 5 – CEMETERY BOARD; REPEALING CHAPTER 2, ARTICLE 5, DIVISION 8 – BEAUTIFICATION ADVISORY BOARD; REPEALING CHAPTER 2, ARTICLE 5, DIVISION 9 – ECONOMIC DEVELOPMENT COUNCIL; REPEALING CHAPTER 2, ARTICLE 5, DIVISION 12 – TREE ADVISORY BOARD; REPEALING CHAPTER 2, ARTICLE 5, DIVISION 14 – BICYCLE ADVISORY BOARD; REPEALING 2.05.2720 BOZEMAN MUNICIPAL CODE (COMPOSITION OF ZONING COMMISSION); AMENDING 2.05.3000 BOZEMAN MUNICIPAL CODE (AUTHORITY, POWERS, AND DUTIES OF DESIGN REVIEW BOARD); REPEALING 2.05.3010 BOZEMAN MUNICIPAL CODE (COMPOSITION OF DESIGN REVIEW BOARD); AND REPEALING CHAPTER 2, ARTICLE 5, DIVISION 19 – TRAILS, OPEN SPACE AND PARKS COMMITTEE WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City of Bozeman to “[b]roaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively advise the City and engage the public”; and WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board restructuring, made the plan available on May 20, 2021 for public review, and provided public notice to inform the public of the opportunity to review and comment on the Proposed Plan; and 232 Ordinance 2085 Page 2 of 6 WHEREAS, the City Commission held public work sessions on February 23, May 25, and June 22, 2021 during which it received and reviewed all public, written and oral testimony on the restructuring of City boards; and WHEREAS, on June 22, 2021, and in consideration of such testimony, the City Commission confirmed direction for City Staff to move forward with restructuring the City’s advisory boards. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The Bozeman Municipal Code Chapter 2, Article 5, Division 2 governing the Recreation and Parks Advisory Board is repealed in its entirety. Section 2 That Section 2.06.520, Bozeman Municipal Code, will be amended to read as follows: Sec. 2.05.520. Composition. A. The planning board shall consist of nine members, appointed to two-year terms to expire on January 31, as follows: 1. One member appointed by the city commission from its own membership. The term of the appointed member shall be coextensive with the term of office to which such member has been elected or appointed unless the commission, on its first regular meeting of each year, appoints another to serve as its representative or unless the appointee's commission term is terminated; 2. Three members appointed by the city commission, one of whom, at the commission's discretion, may be an employee of the city or hold public office in the city or the county. The appointments shall be for two-year terms, with those terms to expire on January 31 of odd-numbered years; 3. One member appointed by the mayor, upon designation by the county board of commissioners, who may be a member of the board of county commissioners or an office holder or employee of the county. This appointment shall expire on January 31 of odd-numbered years; 4. Four citizen members appointed by the mayor, who shall be resident freeholders within the city limits, and who shall be qualified by knowledge and experience in matters 233 Ordinance 2085 Page 3 of 6 pertaining to the development of the city. These appointments shall be coterminous with the term of the mayor. B. The city clerk shall certify the members appointed by the city commission. The certificates shall be sent to and become a part of the records of the planning board. The mayor shall make similar certification for the appointment of citizen members. Section 3 The Bozeman Municipal Code Chapter 2, Article 5, Division 5 governing the Cemetery Board is repealed in its entirety. Section 4 The Bozeman Municipal Code Chapter 2, Article 5, Division 8 governing the Beautification Advisory Board is repealed in its entirety. Section 5 The Bozeman Municipal Code Chapter 2, Article 5, Division 9 governing the Economic Development Council is repealed in its entirety. Section 6 The Bozeman Municipal Code Chapter 2, Article 5, Division 12 governing the Tree Advisory Board is repealed in its entirety. Section 7 The Bozeman Municipal Code Chapter 2, Article 5, Division 14 governing the Bicycle Advisory Board is repealed in its entirety. Section 8 That Section 2.05.2720, Bozeman Municipal Code, governing the composition of the Zoning Commission is hereby repealed in its entirety. 234 Ordinance 2085 Page 4 of 6 Section 9 That Section 2.05.3000, Bozeman Municipal Code, is hereby amended as follows: Sec. 2.05.3000. Established—Authority, Powers, and duties. A. The community development board established pursuant to Resolution 5330 shall act as the design review board for all purposes under this code. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 38. B. The DRB shall act as an advisory body to the review authority for: 1. Development applications meeting one or more of the thresholds of section 38.230.040.C.; 2. Planned unit developments; and 3. Appeals from ADR decisions. C. The DRB may develop, and after adoption by the city commission, apply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas; D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation overlay district, review by the DRB may be required to determine whether resubmittal as a new application is necessary in accordance with section 38.230.160. E. The DRB may be requested to review the following development projects within the neighborhood conservation overlay district: new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, or demolition of structures by any means or process in accordance with 38.340.A. F. The DRB must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties with the neighborhood conservation district, and to review any proposed action or development utilizing these abatement or incentive programs in accordance with section 38.340.020. Section 10 That Section 2.05.3010, Bozeman Municipal Code, is hereby repealed in its entirety 235 Ordinance 2085 Page 5 of 6 Section 11 The Bozeman Municipal Code Chapter 2, Article 5, Division 19 governing the Trails, Open Space, and Parks Committee is repealed in its entirety. Section 12 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 13 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 14 Severability. 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 provision 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 15 Codification. This Ordinance shall be codified as as indicated in Sections 1 – 11. Section 16 Effective Date. This Ordinance shall be in full force and effect December 1, 2021. 236 Ordinance 2085 Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ 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 thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 237 Resolution 5326 Page 1 of 6 COMMISSION RESOLUTION NO. 5326 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE TRANSPORTATION BOARD TO ACT AS THE PARKING COMMISSION AND THE PEDESTRIAN TRAFFIC SAFETY COMMITTEE AND DISBANDING THE BOZEMAN AREA BICYCLE ADVISORY BOARD. WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City of Bozeman to “[b]roaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively advise the City and engage the public”; and WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board restructuring, made the plan available on May 20, 2021 for public review, and provided public notice to inform the public of the opportunity to review and comment on the Proposed Plan; and WHEREAS, the City Commission held public work sessions on February 23, May 25, and June 22, 2021 during which it received and reviewed all public, written and oral testimony on the restructuring of City boards; and WHEREAS, on June 22, 2021, and in consideration of such testimony, the City Commission confirmed direction for City Staff to move forward with restructuring the City’s advisory boards; and 238 Resolution 5326 Page 2 of 6 WHEREAS, the City Commission now determines the creation of a Transportation Board is necessary to further the stated priority of Community Engagement as established in Strategic Plan Section 1.2 and to further other goals and objectives of the City; and WHEREAS, in 1974 the City Commission created and established the Parking Commission pursuant to Title 7, Chapter 14, Part 46, MCA and determines to have the Transportation Board act as the City’s Parking Commission and assign the Parking Commission duties and functions to the Transportation Board; and WHEREAS, the City Commission created and established the Pedestrian Traffic Safety Commission (“PTSC”) pursuant to the Pedestrian-Traffic Safety Committee and Inter-Local Cooperative Agreement (Dec. 22, 1976) and determines, until such time as the Inter-Local Agreement reflects otherwise, to have the Transportation Board assume the City’s duties and functions under the Inter-Local Cooperative Agreement to the Transportation Board; and WHEREAS, to have the Transportation Board assume the duties and functions of the PTSC, the City, Gallatin County, and School District #7 must terminate the current Inter-Local Agreement and the City will approach the County and School District in the near future to do so; and WHEREAS, in 1990, the City Commission created and established the Bozeman Area Bicycle Advisory Board (“BABAB”) pursuant to Resolution 2817 (Sept. 24, 1990), and determines to disband the current BABAB and assign its duties and functions to the Transportation Board. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: SECTION 1: DISBANDING OF THE PTSC, AND BABAB; TRANSPORTATION BOARD TO ACT AS PARKING COMMISSION; TERMINATION OF CURRENT MEMBER APPOINTMENTS The Bozeman City Commission hereby disbands BABAB effective at 11:59 PM on November 30, 2021. In addition, on this date, the appointment and terms of all current members of the BABAB, Parking Commission, and the City appointees to the PTSC shall terminate. 239 Resolution 5326 Page 3 of 6 SECTION 2: CREATION AND PURPOSE OF THE TRANSPORTATION BOARD The Bozeman City Commission hereby creates and establishes the City of Bozeman Transportation Board effective December 1, 2021. The Transportation Board will assume all duties authorized by law for a city parking commission, and, upon termination of the Inter-Local Cooperative Agreement will assume all duties and responsibilities related to advising the City on matters related to pedestrian and traffic safety. The purpose of the Transportation Board is to cultivate policies that promote multi-modal transportation to remove barriers to transportation. The Transportation Board will: 1. Fulfill the duties of the Parking Commission; 2. Advise the City Commission on policies related to pedestrian, bicycle, and traffic safety; 3. Encourage the use of multi-modal transportation in Bozeman; and 4. Support policies for the education and outreach to the citizens of Bozeman on community transportation issues. SECTION 3: FOCUS AREAS OF THE TRANSPORTATION BOARD. The following areas of focus are hereby assigned to the Transportation Board: 1. Parking. The Transportation Board will have all the powers and duties authorized for a parking commission as provided for in Resolution 4577, and provide advisory recommendations to the City Commission, and as requested by the City Manager to the City Manager, on parking related matters within the parking commission’s jurisdiction and if requested by the City Manager or City Commission in other locations within the City. The Transportation Board will also serve as an administrative review board for parking appeals as provided for in 36.04.380, BMC. 2. Pedestrian, Bicycle, and Traffic Safety. The Transportation Board will provide advisory recommendations to the City Commission, and as requested by the City Manager to the City Manager on policies that ensure the City’s education and outreach policies related to pedestrian, bicycle, and traffic safety, to the greatest extent feasible, align with the City’s Transportation Master Plan. 3. Multi-Modal Transportation The Transportation Board will provide advisory recommendations to the City Commission, and as requested by the City Manager to the City Manager that ensure the City’s transportation policies and education and outreach 240 Resolution 5326 Page 4 of 6 policies, to the greatest extent feasible, consider multi-modal transportation opportunities and align with the City’s Transportation Master Plan. SECTION 4: POWERS/DUTIES, MEMBERS/COMPOSITION, AND ORGANIZATION OF THE TRANSPORTATION BOARD 1. Powers and Duties. The Transportation Board is hereby authorized to exercise the following powers and duties: A. Advise the City Commission and City Manager, when requested, as provided in Sections 2 and 3 of this Resolution. B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by the City Commission, for the Board’s operation and conduct of business. C. The Board may have such other duties and responsibilities as the City Commission or City Manager, from time to time, may direct. D. Except as where otherwise authorized by law, the actions of the Board are advisory only, do not constitute policy of the City, and are not be binding upon the City Commission or the City Manager. The City Commission or City Manager may adopt all or any part of any recommendation of the Board. 2. Members: Appointments and Terms. A. The City Commission will make all appointments to the Transportation Board. B. The Board will consist of seven members. A quorum will consist of a majority of all members. C. Montana law requires members of municipal parking commission to be appointed for specific terms; as such, Board members will serve for a term of four (4) years and may serve no more than two consecutive terms. For the initial terms of members, the City Commission will appoint one member to a term of one year, two members to a term of two years, two members to a term of three years, and two members to a term of four years. Terms will run on the calendar year. D. Board members must be at least 18 years old and be electors of the City. F. Board members will not receive compensation for their service. Board members are entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. G. Board members serve at the pleasure of the Commission and may be removed by a majority vote of the Commission for any reason. 3. Office of Agency; Staff Support. The Transportation Board will maintain its records in the office of the City department designated by the City Manager to maintain the records 241 Resolution 5326 Page 5 of 6 of the Board. The City Manager may assign one or more staff to assist the Board in its duties and functions. The City Manager may also designate one or more staff to serve as the liaison to the Board. The City Manager may authorize the assigned staff liaison, in consultation with the Board chair, to develop and approve agenda items for the Board’s consideration and assist the Board in all of its functions. 4. Meetings. The Transportation Board meetings must be open to the public as provided for in Montana law. Meetings must be held on a regular basis and must be in the Bozeman City Commission room unless such room is unavailable or not sufficient for the nature of the meeting. The Board must comply with and is subject to all requirements and City policies related to open meetings and public participation and engagement. 5. Ethics and High Performing Boards. All Transportation Board activities and its appointed members must comply with and are subject to State of Montana and the City Code of Ethics. In addition, the Board and its members must comply with and are subject to City policies related to the performance, behavior, and procedures of City boards, as established by the City Commission or City Manager. 6. Public Information. All written and electronic information created by the Board or its members in conducting its duties constitutes public information and is subject to disclosure and the records retention requirements pursuant to Montana law. 242 Resolution 5326 Page 6 of 6 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this ___ day of ____________, 2021. ____________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney (SEAL) 243 Resolution 5327 Page 1 of 6 COMMISSION RESOLUTION NO. 5327 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE SUSTAINABILITY BOARD AND DISBANDING THE CLIMATE PARTNERS WORKING GROUP, AND RECOGNIZING THE DISBANDING OF BOTH THE RECREATION AND PARKS ADVISORY BOARD AND THE BOZEMAN BEAUTIFICATION BOARD. WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City of Bozeman to “[b]roaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively advise the City and engage the public”; and WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board restructuring, made the plan available on May 20, 2021 for public review, and provided public notice to inform the public of the opportunity to review and comment on the Proposed Plan; and WHEREAS, the City Commission held public work sessions on February 23, May 25, and June 22, 2021 during which it received and reviewed all public, written and oral testimony on the restructuring of City boards; and WHEREAS, on June 22, 2021, and in consideration of such testimony, the City Commission confirmed direction for City Staff to move forward with restructuring the City’s advisory boards; and 244 Resolution 5327 Page 2 of 6 WHEREAS, the City Commission now determines the creation of a Sustainability Board is necessary to further the stated priority of Community Engagement as established in Strategic Plan Section 1.2 and to further other goals and objectives of the City; and WHEREAS, the City Commission created and established the Climate Partners Working Group pursuant to Resolution 4358 (Nov. 21, 2011) and determines to disband the current Climate Partners Working Group and assign its duties and functions to the Sustainability Board; and WHEREAS, the City Commission created and established the Recreation & Parks Advisory Board (“RPAB”) and determines to disband the current RPAB and assign its duties and functions to the Sustainability Board; and WHEREAS, the City Commission created and established the Beautification Advisory Board pursuant to Ordinance No. 1360 (Jan. 11, 1993) and determines to disband the current Beautification Advisory Board and assign its duties and functions to the Sustainability Board; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: SECTION 1: DISBANDING OF CLIMATE PARTNERS WORKING GROUP, THE RECREATION AND PARKS ADVISORY BOARD, AND THE BOZEMAN BEAUTIFICATION BOARD; TERMINATION OF CURRENT MEMBER APPOINTMENTS AND TERMS The Bozeman City Commission hereby disbands the Climate Partners Working Group, the Recreation and Parks Advisory Board, and the Bozeman Beautification Advisory Board effective at 11:59 PM on November 30, 2021. In doing so, this Resolution hereby supersedes Resolution No. 4538. Chapter 2, Article 5, Divisions 2 (Recreation and parks Advisory Board) and 8 (Beautification Advisory Board) are being repealed pursuant to Ordinance 2085. Effective at 11:59 PM November 30, 2021 the appointment and terms of all current members of the Climate Partners Working Group, the Recreation and Parks Advisory Board, and the Bozeman Beautification Advisory Board shall terminate. SECTION 2: CREATION AND PURPOSE OF THE SUSTAINABILITY BOARD The Bozeman City Commission hereby creates and establishes the City of Bozeman Sustainability Board effective December 1, 2021. The purpose of the Sustainability Board is to cultivate policies that enhance the social and environmental livelihood of Bozeman citizens, and make advisory 245 Resolution 5327 Page 3 of 6 recommendations to the City Commission and, if requested by the City Manager to the City Manager regarding policies that promote a modern, holistic approach to sustainability. The Sustainability Board will encourage policies that: 1. Maintain and implement appropriate environmental initiatives that protect and conserve Bozeman’s natural resources and ecological diversity; 2. Consider human and environmental impacts resulting from urban growth and development on Bozeman’s air, water, and soil quality, as well as on plants, other natural habitats, and wildlife; and 3. Incorporate sustainability policies when implementing recreation opportunities. SECTION 3: FOCUS AREAS OF THE SUSTAINABILITY BOARD. The following areas of focus are hereby assigned to the Sustainability Board: 1. Climate Planning. The Sustainability Board will provide advisory recommendations to the City Commission, and as requested by the City Manager to the City Manager, on policies related to the City of Bozeman’s Climate Plan. The policies the Board advises on must seek to ensure Bozeman is a leader in mitigating the impacts of climate change. 2. Recreation. The Sustainability Board will provide advisory recommendations to the City Commission, and as requested by the City Manager to the City Manager, regarding policies which ensure the City’s recreational opportunities are sustainable for present and future generations. The Sustainability Board is aware that while promoting the City’s recreational opportunities, the guiding principle of reducing the City’s environmental footprint, and using sustainability and resiliency into decision-making processes serve as the foundation for its advisory recommendations. 3. Beautification. The Sustainability Board will assist the City in implementing the City’s annual Clean-Up Week. SECTION 4: POWERS/DUTIES, MEMBERS/COMPOSITION, AND ORGANIZATION OF THE SUSTAINABILITY BOARD 1. Powers and Duties. The Sustainability Board is hereby authorized to exercise the following powers and duties: A. Advise the City Commission and City Manager, when requested, as provided in Sections 2 and 3 of this Resolution. 246 Resolution 5327 Page 4 of 6 B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by the City Commission, for the Board’s operation and conduct of business. C. The Board may have such other duties and responsibilities as the City Commission or City Manager, from time to time, may direct. D. The actions of the Board are advisory only, do not constitute policy of the City, and are not be binding upon the City Commission or the City Manager. The City Commission or City Manager may adopt all or any part of any recommendation of the Board. 2. Members: Appointments and Terms. A. The City Commission will make all appointments to the Sustainability Board. B. The Board will consist of seven members. A quorum will consist of a majority of all members. C. Board members may serve no more than (2) two terms. For the initial terms of members, the City Commission will appoint three members to a three-year term and four members to a two-year term. Upon the expiration of the initial term, all members will be appointed to a two-year term. Terms will run on the calendar year. D. Board members must be at least 18 years old and be residents of the City. F. Board members will not receive compensation for their service. Board members are entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. G. Board members serve at the pleasure of the Commission and may be removed by a majority vote of the Commission for any reason. 3. Office of Agency; Staff Support. The Sustainability Board will maintain its records in the office of the City department designated by the City Manager to maintain the records of the Board. The City Manager may assign one or more staff to assist the Board in its duties and functions. The City Manager may also designate one or more staff to serve as the liaison to the Board. The City Manager may authorize the assigned staff liaison, in consultation with the Board chair, to develop and approve agenda items for the Board’s consideration and assist the Board in all of its functions. 4. Meetings. The Sustainability Board meetings must be open to the public as provided for in Montana law. Meetings must be held on a regular basis and must be in the Bozeman City Commission room unless such room is unavailable or not sufficient for the nature of the meeting. The Board must comply with and is subject to all requirements and City policies related to open meetings and public participation and engagement. 247 Resolution 5327 Page 5 of 6 5. Ethics and High Performing Boards. All Sustainability Board activities and its appointed members must comply with, and are subject to, the State of Montana and the City Code of Ethics. In addition, the Board and its members must comply with and are subject to City policies related to the performance, behavior, and procedures of City boards, as established by the City Commission or City Manager. 6. Public Information. All written and electronic information created by the Board or its members in conducting its duties constitutes public information and is subject to disclosure and the records retention requirements pursuant to Montana law. 248 Resolution 5327 Page 6 of 6 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this ___ day of ____________, 2021. ____________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney (SEAL) 249 Resolution 5328 Page 1 of 6 COMMISSION RESOLUTION NO. 5328 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE URBAN PARKS AND FORESTRY BOARD, AND DISBANDING THE TREE ADVISORY BOARD, THE CEMETERY BOARD, THE TRAILS OPEN SPACE AND PARKS BOARD, AND THE RECREATION & PARKS ADVISORY BOARD. WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City of Bozeman to “[b]roaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively advise the City and engage the public;” and WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board restructuring, made the plan available on May 20, 2021 for public review, and provided public notice to inform the public of the opportunity to review and comment on the Proposed Plan; and WHEREAS, the City Commission held public work sessions on February 23, May 25, and June 22, 2021 during which it received and reviewed all public, written and oral testimony on the restructuring of City boards; and WHEREAS, on June 22, 2021, and in consideration of such testimony, the City Commission confirmed direction for City Staff to move forward with restructuring and consolidating the City’s thirty-six Citizen Advisory Boards; and 250 Resolution 5328 Page 2 of 6 WHEREAS, the City Commission now concludes that the creation of an Urban Parks and Forestry Board is necessary to further the stated priority of Community Engagement as established in Strategic Plan Section 1.2, and to further other goals and objectives of the City. WHEREAS, the City Commission created and established the Bozeman Tree Advisory Board (“BTAB”) pursuant to law and determines to disband the current TAB and assign its duties and functions to the Urban Parks and Forestry Board; WHEREAS, the City Commission created and established the Cemetery Board pursuant to law in 1986 and determines to disband the current Cemetery and assign its duties and functions to the Urban Parks and Forestry Board; WHEREAS, the City Commission created and established the Recreation & Parks Advisory Board (“RPAB”) pursuant to law and determines to disband the current RPAB and assign its duties and functions to the Urban Parks and Forestry Board; and WHEREAS, the City Commission created the Trails, Open Space and Parks Bond Review Committee (TOP) in 2013 pursuant to law and determines to disband the current TOP and assign its duties and functions to the Urban Parks and Forestry Board. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: SECTION 1: DISBANDING OF BTAB, RPAB, TOP, AND THE CEMETERY BOARD The Bozeman City Commission hereby disbands the BTAB, RPAB, TOP, and Cemetery Boards effective at 11:59 PM on November 30, 2021 and in doing so hereby recognizes Ordinance 2085 will supersede Ordinance No. 1364 (April 12, 1993) for TAB, Ordinance No. 1993 (Dec. 18, 2017) for RPAB, and Ordinance 1857 for TOP, and Ordinances establishing the Cemetery Board. Effective 11:59 PM November 30, 2021, the appointment and terms of all current members of the BTAB, RPAB, TOP, and Cemetery Boards shall terminate. SECTION 2: CREATION AND PURPOSE OF THE URBAN PARKS AND FORESTRY BOARD. The Bozeman City Commission hereby creates and establishes the Urban Parks and Forestry Board effective beginning December 1, 2021. The Urban Parks and Forestry Board will assume all duties current held by the RPAB, BTAB, TOP, and Cemetery Board. The Urban Parks and Forestry Board will promote the use of Bozeman’s trails, open spaces, and parks not only for improving an individual’s physical and psychological health, but also as a tool to strengthen and foster the 251 Resolution 5328 Page 3 of 6 wellbeing of the community-at-large through promoting an outdoor culture and lifestyle. The Urban Parks and Forestry Board provides advisory recommendations to the City Commission, and if requested by the City Manager to the City Manager, on issues pertaining to the City’s urban park system, Sunset Hills Cemetery, and the City’s urban forest. The Urban Parks and Forestry Board will encourage policies and programs that: 1. Promote the enhancement, preservation, and acquisition of greenspaces and public lands; 2. Cultivate and foster park systems and environments that break down barriers to participation in outdoor recreation; 3. Encourage the promotion of urban parks and forests; and 4. Provide recommendations about the City cemetery. SECTION 3: FOCUS AREAS OF THE URBAN PARKS AND FORESTRY BOARD. The following boards and areas of focus will be subsumed by the Urban Parks and Forestry Board: 1. Organize the annual Arbor Day Program; 2. Review reports pertaining to activity in Bozeman’s urban forests; 3. Assess the equity distribution of access to urban parks and trails, with an emphasis on traditionally underserved communities and neighborhoods, and address identified issues of disparity; 4. Evaluate the City’s Parks, Recreation, Open Space and Trails Plan from drafting through adoption; and 5. Provide recommendations, when requested, about the City’s Sunset Hills Cemetery. SECTION 4: POWERS/DUTIES, MEMBERS/COMPOSITION, AND ORGANIZATION OF THE URBAN PARKS AND FORESTRY BOARD 1. Powers and Duties. The Urban Parks and Forestry Board is authorized to exercise the following powers and duties: A. Advise the City Commission and City Manager, when requested, as provided in Sections 2 and 3 of this Resolution. B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by the City Commission, for the Board’s operation and conduct of business. C. The Board may have such other duties and responsibilities as the City Commission or City Manager, from time to time, may direct. 252 Resolution 5328 Page 4 of 6 D. The actions of the Board are advisory only, do not constitute policy of the City, and are not be binding upon the City Commission or the City Manager. The City Commission or City Manager may adopt all or any part of any recommendation of the Board. 2. Members: Appointments and Terms. A. The City Commission will make all appointments to the Urban Parks and Forestry Board. B. The Board will consist of seven members. A quorum will consist of a majority of all members. C. Board members may serve no more than (2) two terms. For the initial terms of members, three members will be appointed to a three-year term and four members will be appointed to a two-year term. Upon the expiration of the initial term and thereafter, all members will be appointed to a two-year term. D. Board members must be at least 18 years old and be residents of the City. F. Board members will not receive compensation for their service. Board members are entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. G. Board members serve at the pleasure of the Commission and may be removed by a majority vote of the Commission for any reason. 3. Office of Agency; Staff Support. The Urban Parks and Forestry Board will maintain its records in the office of the City department designated by the City Manager to maintain the records of the Board. The City Manager may assign one or more staff to assist the Board in its duties and functions. The City Manager may also designate one or more staff to serve as the liaison to the Board. The City Manager may authorize the assigned staff liaison, in consultation with the Board chair and Commission liaison, to develop and approve agenda items for the Board’s consideration and assist the Board in all of its functions. 4. Meetings. The Urban Parks and Forestry Board meetings must be open to the public as provided for in Montana law. Meetings must be held on a regular basis as necessary and must be in the Bozeman City Commission room unless such room is unavailable or not sufficient for the nature of the meeting. The Board must comply with and is subject to all requirements and City policies related to open meetings and public participation and engagement. 4. Ethics and High Performing Boards. All Urban Parks and Forestry Board activities and its appointed members must comply with, and are subject to, the State of Montana and the City Code of Ethics. In addition, the Board and its members must comply with and are 253 Resolution 5328 Page 5 of 6 subject to City policies related to the performance, behavior, and procedures of City boards, as established by the City Commission or City Manager. 5. Public Information. All written and electronic information created by the Board or its members in conducting its duties constitutes public information and is subject to disclosure pursuant to Montana law. 254 Resolution 5328 Page 6 of 6 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this ___ day of ____________, 2021. ____________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney (SEAL) 255 Resolution 5329 Page 1 of 6 COMMISSION RESOLUTION NO. 5329 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE ECONOMIC VITALITY BOARD AND DISBANDING THE COMMUNITY HOUSING ADVISORY BOARD AND THE ECONOMIC DEVELOPMENT COUNCIL. WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City of Bozeman to “[b]roaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively advise the City and engage the public”; and WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board restructuring, made the plan available on May 20, 2021 for public review, and provided public notice to inform the public of the opportunity to review and comment on the Proposed Plan; and WHEREAS, the City Commission held public work sessions on February 23, May 25, and June 22, 2021 during which it received and reviewed all public, written and oral testimony on the restructuring of City boards; and WHEREAS, on June 22, 2021, and in consideration of such testimony, the City Commission confirmed direction for City Staff to move forward with restructuring the City’s advisory boards; and 256 Resolution 5329 Page 2 of 6 WHEREAS, the City Commission now determines the creation of an Economic Vitality Board is necessary to further the stated priority of Community Engagement as established in Strategic Plan Section 1.2 and to further other goals and objectives of the City; and WHEREAS, the City Commission created and established the Community Housing Advisory Board (CAHAB) in 1995 and reestablished CAHAB composition and authority pursuant to Resolution No. 4948 (Aug. 13, 2018) and Resolution No. 5023 (Feb. 25, 2019) and the Commission now determines to disband the current CAHAB and assign its duties and functions to the Economic Vitality Board; and WHEREAS, the City Commission created and established the Economic Development Council (EDC) pursuant to Ordinance No. 1784 (April 26, 2010) and the Commission now determines to disband the current EDC and assign its duties and functions to the Economic Vitality Board. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: SECTION 1: DISBANDING OF CAHAB AND THE EDC; TERMINATION OF CURRENT MEMBERS APPOINTMENTS AND TERMS The Bozeman City Commission hereby disbands the CAHAB and the EDC effective at 11:59 PM on November 30, 2021. In doing so, this Resolution hereby supersedes Resolution 4948 and Resolution 5023. Chapter 2, Article 5, Divisions 8 and 9 are being repealed pursuant to Ordinance 2085. Chapter 2, Article 5, Division 9 (Economic Development Council) is being repealed pursuant to Ordinance 2085. On this date, the appointment and terms of all current members of the CAHAB and EDC shall terminate. SECTION 2: CREATION AND PURPOSE OF THE ECONOMIC VITALITY BOARD The Bozeman City Commission hereby creates and establishes the City of Bozeman Economic Vitality Board effective beginning December 1, 2021. The purpose of the Economic Vitality Board is to cultivate policies that enhance the economic vitality of Bozeman and to make advisory recommendations to the City Commission and, if requested by the City Manager to the City Manager, regarding policies that promote a strong and diverse economy. The Economic Vitality Board will encourage policies that: 1. Support and provide for community housing; 2. Enhance personal and professional economic growth in Bozeman, and vitalize Bozeman’s workforce development and job growth; 257 Resolution 5329 Page 3 of 6 3. As requested by the City Manager or City Commission, assist the City regarding implementation of economic development plans; 4. Promote diversity, equity, and inclusion in Bozeman; and 5. Recognize the use of public art as an indicator of economic and community vitality. SECTION 3: FOCUS AREAS OF THE ECONOMIC VITALITY BOARD The following areas of focus are hereby assigned to the Economic Vitality Board: 1. Community Housing. The Economic Vitality Board will provide advisory recommendations to the Commission, and as requested by the City Manager to the City Manager, on policies related to community housing needs. 2. Economic Development. The Economic Vitality Board will advise the City Commission, and as requested by the City Manager to the City Manager, on policies related to economic development issues. 3. Diversity, Equity, and Inclusion (“DEI”). The Economic Vitality Board will advise the City Commission, and as requested by the City Manager to the City Manager, on policies related to diversity, equity, and inclusion. In doing so, the Board must be cognizant the City values and encourages the inclusion of diverse perspectives and experiences, and makes proactive efforts to ensure Bozeman is safe, welcoming, and inclusive. 4. Public Art. The Economic Vitality Board will advise the City Commission, and as requested by the City Manager to the City Manager, on policies related to the development and implementation of public art programs. In doing so, the Board must be cognizant the City recognizes public art is an indicator of Bozeman’s economic and community vitality. The Board will also assist the City in conducting the City’s annual Beautification Awards. SECTION 4: POWERS/DUTIES, MEMBERS/COMPOSITION, AND ORGANIZATION OF THE ECONOMIC VITALITY BOARD 1. Powers and Duties. The Economic Vitality Board is hereby authorized to exercise the following powers and duties: A. Advise the City Commission and City Manager, when requested, as provided in Sections 2 and 3 of this Resolution. B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by the City Commission, for the Board’s operation and conduct of business. 258 Resolution 5329 Page 4 of 6 C. The Board may have such other duties and responsibilities as the City Commission or City Manager, from time to time, may direct. D. The actions of the Board are advisory only, do not constitute policy of the City, and are not be binding upon the City Commission or the City Manager. The City Commission or City Manager may adopt all or any part of any recommendation of the Board. 2. Members: Appointments and Terms. A. The City Commission will make all appointments to the Economic Vitality Board. B. The Board will consist of seven members. A quorum will consist of a majority of all members. C. Board members may serve no more than (2) two terms. For the initial terms of members, the City Commission will appoint three members to a three-year term and four members to a two-year term. Upon the expiration of the initial term, all members will be appointed to a two-year term. Terms will run on the calendar year. D. Board members must be at least 18 years old and be residents of the City. F. Board members will not receive compensation for their service. Board members are entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. G. Board members serve at the pleasure of the Commission and may be removed by a majority vote of the Commission for any reason. 3. Office of Agency; Staff Support. The Economic Vitality Board will maintain its records in the office of the City department designated by the City Manager to maintain the records of the Board. The City Manager may assign one or more staff to assist the Board in its duties and functions. The City Manager may also designate one or more staff to serve as the liaison to the Board. The City Manager may authorize the assigned staff liaison, in consultation with the Board chair, to develop and approve agenda items for the Board’s consideration and assist the Board in all of its functions. 4. Meetings. The Economic Vitality Board meetings must be open to the public as provided for in Montana law. Meetings must be held on a regular basis and must be in the Bozeman City Commission room unless such room is unavailable or not sufficient for the nature of the meeting. The Board must comply with and is subject to all requirements and City policies related to open meetings and public participation and engagement. 5. Ethics and High Performing Boards. All Economic Vitality Board activities and its appointed members must comply with, and are subject to, the State of Montana and the City Code of Ethics. In addition, the Board and its members must comply with and are 259 Resolution 5329 Page 5 of 6 subject to City policies related to the performance, behavior, and procedures of City boards, as established by the City Commission or City Manager. 6. Public Information. All written and electronic information created by the Board or its members in conducting its duties constitutes public information and is subject to disclosure and the records retention requirements pursuant to Montana law. 260 Resolution 5329 Page 6 of 6 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this ___ day of ____________, 2021. ____________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney (SEAL) 261 Resolution 5330 Page 1 of 6 COMMISSION RESOLUTION NO. 5330 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE COMMUNITY DEVELOPMENT BOARD AND AUTHORIZING THE COMMUNITY DEVELOPMENT BOARD TO ACT AS THE CITY’S PLANNING BOARD, ZONING COMMISSION, IMPACT FEE ADVISORY COMMITTEE, AND DESIGN REVIEW BOARD. WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City of Bozeman to “[b]roaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively advise the City and engage the public”; and WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board restructuring, made the plan available on May 20, 2021 for public review, and provided public notice to inform the public of the opportunity to review and comment on the Proposed Plan; and WHEREAS, the City Commission held public work sessions on February 23, May 25, and June 22, 2021 during which it received and reviewed all public, written and oral testimony on the restructuring of City boards; and WHEREAS, on June 22, 2021, and in consideration of such testimony, the City Commission confirmed direction for City Staff to move forward with restructuring the City’s advisory boards; and 262 Resolution 5330 Page 2 of 6 WHEREAS, the City Commission now determines the creation of an Community Development Board is necessary to further the stated priority of Community Engagement as established in Strategic Plan Section 1.2 and to further other goals and objectives of the City; and WHEREAS, the City Commission has created and established the City Planning Board pursuant to law and determines the Community Development Board will now act as the City’s Planning Board for all purposes required by law; and WHEREAS, the City Commission created and established the City Zoning Commission pursuant to law and determines the Community Development Board will now act as the City’s Zoning Commission for all purposes required by law; and WHEREAS, the City Commission created and established the Impact Fee Advisory Committee pursuant to Ordinance No. 1730 (Jan. 14, 2008) and Resolution 3840 and determines to have the Community Development Board act as the City’s Impact Fee Advisory Committee for all purposes required by law ; and WHEREAS, the City Commission created and established the Design Review Board pursuant to law Ordinance No. 1830, § 1 (Sept. 24, 2012) and determines to have the Community Development Board act as the City’s Design Review Board for all purpose required by law. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: SECTION 1: REPEAL OF RESOLUTION 3840 FOR THE COMPOSITION OF THE IMPACT FEE ADVISORY COMMITTEE; TERMINATION OF CURRENT MEMBER APPOINTMENTS AND TERMS Resolution 3840 establishing the composition of the Impact Fee Advisory Committee is hereby repealed. Effective 11:59 PM November 30, 2021, the appointment and terms of all current members of the Planning Board, Zoning Commission, Impact Fee Advisory Committee, and Design Review Board shall terminate. SECTION 2: CREATION AND PURPOSE OF THE COMMUNITY DEVELOPMENT BOARD The Bozeman City Commission hereby creates and establishes the City of Bozeman Community Development Board effective beginning December 1, 2021. The Community Development Board will assume all duties required by law for a city planning board and city zoning commission. In addition, the Board will assume all duties required by law for an impact fee advisory committee 263 Resolution 5330 Page 3 of 6 and design review. The purpose of the Board is to fulfill certain statutorily required duties related to growth policies, zoning, subdivision review, impact fees, and design review. In doing so, in addition to duties required by law, the Board must cultivate policies that positively influence the direction of Bozeman’s growth and development. In addition, the Community Development Board may make advisory recommendations to the City Commission and, if requested by the City Manager to the City Manager, regarding policies that enhance the unique character of each of Bozeman’s vibrant commercial and neighborhood districts. The Community Development Board will encourage policies that: 1. Fulfill the duties required by law for a planning board, zoning commission, design review, and impact fee advisory committee and comport with the State of Montana’s legal requirements for planning, zoning, subdivision of land, and impact fees; and 2. Fulfill the duties related to design review as required by Chapter 38, BMC; SECTION 3: FOCUS AREAS OF THE COMMUNITY DEVELOPMENT BOARD The following areas of focus are hereby assigned to the Community Development Board: 1. Planning Board. The Community Development Board will act as the City’s Planning Board as provided for by Montana law and Chapter 2, Article 5, Division 4, BMC and Chapter 38, BMC. 2. Zoning Commission. The Community Development Board will act as the City’s Zoning Commission as provided for by law and Chapter 2, Article 5, Division 15, BMC and Chapter 38, BMC. 3. Impact Fee Advisory Committee. The Community Development Board will act as the City’s Impact Fee Advisory Committee as provided for by law. In doing so, the Board will advise the City Commission, and as requested by the City Manager advise the City Manager, regarding the process of calculating, assessing and spending impact fees. 4. Design Review. The Community Development Board will act as the City’s Design Review Board as required by Chapter 2, Article 5, Division 18, BMC and Chapter 38, BMC. 264 Resolution 5330 Page 4 of 6 SECTION 4: POWERS/DUTIES, MEMBERS/COMPOSITION, AND ORGANIZATION OF THE COMMUNITY DEVELOPMENT BOARD 1. Powers and Duties. The Community Development Board is hereby authorized to exercise the following powers and duties: A. Advise the City and perform the duties as provided for in Sections 2 and 3 of this Resolution. B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by the City Commission, for the Board’s operation and conduct of business. C. The Board may have such other duties and responsibilities as the City Commission or City Manager, from time to time, may direct. D. Except where otherwise required by law, the actions of the Board are advisory only, do not constitute policy of the City, and are not be binding upon the City Commission or the City Manager. The City Commission or City Manager may adopt all or any part of any recommendation of the Board. 2. Members: Appointments and Terms. A. The City Commission or Mayor will make appointments to the Community Development Board. In doing so, the City Commission (or Mayor as appropriate) will appoint individuals to the Community Development Board must also indicate in such appointment the appointees will be serve as appointees for planning board, zoning commission, impact fee, and design review purposes. B. The Board will consist of nine members. Membership must be as follows: 1. One member to be appointed by the City Commission from its membership; 2. One member to be appointed by the City Commission, who may in the discretion of the City Commission be an employee or hold public office in the Bozeman or Gallatin County; 3. One member to be appointed by the Mayor upon the designation by Gallatin County Commission; 4. Four citizen members to be appointed by the mayor who possess the qualifications required by 76-1-224(1), MCA; 5. As required by law for the Board to act as the City’s Impact Fee Advisory Committee, one member to be appointed by the Commission must be a representative of the development community; and 6. One member to be appointed by the Commission who is currently licensed as an architect. C. A quorum will consist of a majority of all members. 265 Resolution 5330 Page 5 of 6 D. Except for the Mayoral appointment of the person designated by the County Commission, Board members may serve no more than (2) two terms. For the initial terms of members, the City Commission appointees will serve two-year terms and the Mayoral appointments will serve a three-year term. Except for the Commission member who shall serve a two year term, upon the expiration of the initial term, all members will be appointed to a three-year term. Terms will run on the calendar year. E. Board members must be at least 18 years old and be residents of the City. F. Board members will not receive compensation for their service. Board members are entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. G. Board members serve at the pleasure of the Commission and may be removed by a majority vote of the Commission for any reason. 3. Office of Agency; Staff Support. The Community Development Board will maintain its records in the office of the City department designated by the City Manager to maintain the records of the Board. The City Manager may assign one or more staff to assist the Board in its duties and functions. The City Manager may also designate one or more staff to serve as the liaison to the Board. The City Manager may authorize the assigned staff liaison, in consultation with the Board chair, to develop and approve agenda items for the Board’s consideration and assist the Board in all of its functions. 4. Meetings. The Community Development Board meetings must be open to the public as provided for in Montana law. Meetings must be held on a regular basis and must be in the Bozeman City Commission room unless such room is unavailable or not sufficient for the nature of the meeting. The Board must comply with and is subject to all requirements and City policies related to open meetings and public participation and engagement. 5. Ethics and High Performing Boards. All Community Development Board activities and its appointed members must comply with and are subject to State of Montana and the City Code of Ethics. In addition, the Board and its members must comply with and are subject to City policies related to the performance, behavior, and procedures of City boards, as established by the City Commission or City Manager. 6. Public Information. All written and electronic information created by the Board or its members in conducting its duties constitutes public information and is subject to disclosure and the records retention requirements pursuant to Montana law. 266 Resolution 5330 Page 6 of 6 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this ___ day of ____________, 2021. ____________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney (SEAL) 267 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk Jen Giuttari, Assistant City Attorney Greg Sullivan, City Attorney Jeff Mihelich, City Manager SUBJECT:Resolution 5323 Establishing Standards for the Recruitment and Selection of Board Members, Establishing Standards for Communication, and Establishing Expectations, Duties, and Norms of Behavior for all City Boards, Commissions, Agencies, and Committees MEETING DATE:August 10, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution 5323 Establishing Standards for the Recruitment and Selection of Board Members, Establishing Standards for Communication, and Establishing Expectations, Duties, and Norms of Behavior for all City Boards, Commissions, Agencies, and Committees 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:The Strategic Plan Section 1.2 Community Engagement encourages the City of Bozeman to “[b]roaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively advise the City and engage the public.” Strategic Plan Section 7 High Performance Organization states, “[w]e operate as an ethical high performance organization, anticipating future needs, utilizing best practices, and striving for continuous improvement.” City Staff prepared a Memorandum and Proposed Plan for board restructuring, made the plan available on May 20, 2021 for public review, and provided public notice to inform the public of the opportunity to review and comment on the Proposed Plan. A High Performing Boards model aims to increase efficiency and efficacy of advisory board input, to formalize and streamline communications between the City Commission, the advisory boards, and the public, to achieve policy driven decision-making, and to create consistency, predictability, and stability by clearly defining duties, norms, and expectations. 268 City Staff recommend the following timeline for completion of the consolidation efforts, as well as initial onboarding and ethics training in the new High Performing Boards model: August 10 - City Commission action on enabling legislation (6 Resolutions, 1 Ordinance) August 24 - City Commission final adoption of enabling Ordinance September - Advertise for applications for new consolidated board positions October - Review applications and interview applicants by respective Commission Liaison, Staff Liaison, and the City Manager November - Appoint all new members November 30 - Current board members' terms expire December 1 - New consolidated board members' terms begin December - First meetings of new boards to discuss proposed work plans January - New Commission seated followed by a work session on goals, priorities, and the Strategic Plan for 2022-2024; Commission liaisons assigned to the consolidated boards UNRESOLVED ISSUES:None at this time ALTERNATIVES:As per Commission. FISCAL EFFECTS:None Attachments: Res 5323 High Performing Boards.pdf Report compiled on: July 27, 2021 269 Version April 2020 Resolution 5323 Page 1 of 6 RESOLUTION 5323 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING STANDARDS FOR THE RECRUITMENT AND SELECTION OF BOARD MEMBERS, ESTABLISHING STANDARDS FOR COMMUNICATION, AND ESTABLISHING EXPECTATIONS, DUTIES, AND NORMS OF BEHAVIOR FOR ALL APPOINTED CITY BOARDS, COMMISSIONS, AGENCIES, AND COMMITTEES. WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City of Bozeman to “[b]roaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders” by “restructure[ing] or combin[ing] City boards and committees to more effectively advise the City and engage the public”; and WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board restructuring, made the plan available on May 20, 2021 for public review, and provided public notice to inform the public of the opportunity to review and comment on the Proposed Plan; and WHEREAS, the City Commission held public work sessions on February 23, May 25, and June 22, 2021 during which it received and reviewed all public, written and oral testimony on the restructuring of City boards; and WHEREAS, on June 22, 2021, and in consideration of such testimony, the City Commission confirmed direction for City Staff to move forward with restructuring the City’s advisory boards; and 270 Version April 2020 Resolution 5323 Page 2 of 6 WHEREAS, Strategic Plan Section 7 High Performance Organization states, “[w]e operate as an ethical high performance organization, anticipating future needs, utilizing best practices, and striving for continuous improvement.” WHEREAS, the Commission intends by this Resolution to establish standards for the recruitment and appointment of board members, establish standards for how board members will communicate with the Commission and individual members of the Commission and City staff (“High Performing Boards”)to increase efficiency and efficacy of advisory board input; and WHEREAS, High Performing Boards aims to formalize and streamline communications between the City Commission, advisory boards, the City Manager, and the public; and WHEREAS, High Performing Boards aims to achieve policy driven decision-making; and WHEREAS, High Performing Boards aims to create consistency, predictability, and stability by clearly defining duties, norms, and expectations; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: SECTION 1: Membership, Recruitment, & Appointment 1) Membership: Membership is established in the resolutions, ordinances, or statutes establishing each Board’s structure, including any mandatory member qualification. Additional membership requirements include: a) Board Members may only serve in one City appointed position at a time; b) The balance of an unexpired term served by an appointee shall be considered a “term” if such unexpired term exceeds 50% of the full term; c) Upon completion of a gap in service equal to a position’s full term, a former member may be eligible for re-appointment; d) Appointments should be made during a regular meeting in January. 2) Recruitment: During the recruitment process the City will actively integrate its diversity, equity, and inclusion goals. Commissioners, Board Members, and the City Manager are encouraged to actively recruit qualified members to apply. Formal recruitment will occur by three methods: a) Vacancies will be posted in the lobby of City Hall and on the City’s website; b) Biannual active solicitation period, as prescribed in Section 4.07 of the City Charter; and c) As necessitated by vacancies. 271 Version April 2020 Resolution 5323 Page 3 of 6 3) Review: The review of applicants shall occur by a panel consisting of the assigned Commission Liaison, Board Chair, and the City Manager’s assigned staff liaison: a) Interview questions must ensure applicants receive a fair comparison with other candidates and will focus on potential conflicts of interest, compliance with norms of conduct, including but not limited to decorum, communications, and the concept of acting as a body with one voice. b) Evaluation criteria must consider the City’s goals related to diversity, equity, and inclusion, the duties and purpose of the individual board, and any membership requirements in enabling legislation or law. 4) Appointment: All Board appointments will be made by the City Commission except for appointments authorized by law to be made by the Mayor. Board officers (chair & vice-chair) shall be appointed by the City Commission SECTION 2: COMMUNICATIONS 1) The boards shall receive direction from the City Commission via pursuant to the Commission’s bi-annual goal setting, requested assigned work priorities, or other specific direction as the Commission may provide; 2) A board’s annual work plan must align with the Commission’s adopted Strategic Plan 3) The Board should communicate with the Commission only through approved minutes, work plans, progress reports, or formal recommendations/resolutions voted on by the Board; 4) Board chairs shall communicate with the staff liaison on matters related to the board’s operations and the board’s agenda; 5) Board chairs should direct policy related questions to both the Commission Liaison and staff liaison; 6) Board members shall adhere to the “One Body, One Voice” principle in communications to the City Commission on matters under the Board’s purview, or may become under the purview of the Board. 7) City staff will develop minutes that the Board will review and approve; minutes shall be provided to the City Commission and made available to the public. SECTION 3: EXPECTATIONS, DUTIES, AND NORMS OF BEHAVIOR Norms for Board Members are modeled upon the City Commission’s norms policy as presented in Resolution 5124 and the rules of procedure modeled upon the City Commission’s as presented in Chapter 2, Article 2, BMC (Exhibit A) are incorporated herein. 272 Version April 2020 Resolution 5323 Page 4 of 6 1) Training of Board Members: Board Members must participate in an onboarding program established by the City Manager. a) The training will include, but not be limited to: i) General onboarding: Boards procedures, open meetings, public records, process, and requirements, and expectations; ii) Purposes and focus areas of the Board to be presented by the Staff Liaison; iii) “Effective Meetings” – a training to assist Board Members in conducting an efficient and effective meeting; iv) Ethics: Initial ethics training upon appointment and annual ethics training as required by the Charter;; and b) Board Members must complete onboarding and training within six months of the appointment of any member; and c) Board members must participate in a six-month check-in with the Staff liaison and Commission Liaison. 2) Duties: a) Commission liaison has the following duties: i) Lead the interview of applicants; ii) Serve as the primary contact with the Board for the City Commission; iii) Assist with resolving questions regarding the role of the City Commission, City Manager, Staff Liaison, and the Board; iv) Provide direction and relay City Commission’s position to the board; v) Serve as contact rather than an advocate, unless assigned as a voting member; vi) Review work plan and make recommendations to the City Commission regarding the Board’s work plan; vii) Support efficient Board operations; and viii) Assist training of new board members. b) The Presiding Officer has the following duties: i) Act as meeting facilitator; ii) Maintain a tone of civility during debate; iii) Ensure the public has a meaningful opportunity to participate, and that meetings operate fairly and impartially; and iv) Ensure the Board’s questions and discussion are is germane to the issues presented. c) Board Members have the following duties: i) To ensure the Board has a quorum at all meeting, commit sufficient time to ensure regular and punctual attendance; ii) Be prepared, attentive, and participate; iii) Abide by rules of procedure, norms of behavior, and the City and State Codes of Ethics; iv) Notify staff liaison as soon as they learn they will not be able to attend a meeting and 273 Version April 2020 Resolution 5323 Page 5 of 6 of any changes to contact information. d) Staff liaison and/or their designee(s) will prepare the agenda with collaboration from the board chair. 3) Norms of behavior: a) Board members are encouraged to share their experience and knowledge with new members; b) board members should treat all city employees with respect, and in doing so recognize staff in performing their work strive to always serve the public to the best of their abilities; c) Board members should be mindful of arguing or debating the merits of a staff person's professional judgment; rather, should board members disagree with an employee's professional judgment they should direct such disagreement to the staff liaison; in the event that the staff liaison is subject to the disagreement, board members should direct their concerns to the City Manager; d) Board members must seek to ensure an employee recognizes the board member's questions are for purposes of inquiry only and should in no way be taken as an order, a request to take action, or a directive; e) Board members should not use language or communication methods that a reasonable person would find humiliating, intimidating, hostile, or offensive; f) A board member may not take any action that could be construed as a directive or order to staff; g) A board member must not attempt to pressure or influence discussions, recommendations, workloads, schedules, or department priorities absent the approval of the City Manager and only then upon an action of the majority of the City Commission; h) Board interaction with staff during board meetings: i) Criticism of staff by a board member should be made in private to the City Manager. Board members are encouraged to provide commendation to staff in public; ii) Board members may not directing or issuing orders to staff; iii) Board members may direct questions regarding the factual basis for an item or a question soliciting staff expertise to the city employee presenting the item; questions other than those directly related to the factual basis of an agenda item should be directed to the staff liaison who may request the assistance of other city employees in answering the question. i) Specific provisions for board member's attendance at meetings other than board meetings: i) Board members may not attend staff meetings unless requested by the City Manager; ii) Board members’ conduct at public meetings or other events should be informed by this resolution and the Code of Ethics. Board member attendance at public meetings called by the staff or City Manager should not occur unless requested by the City 274 Version April 2020 Resolution 5323 Page 6 of 6 Manager. j) All appointed members of city boards or committees should be mindful of the prohibition regarding interference with administration. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of August, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 275 Appendix A Rules of Procedure Section 1 Applicability A. These rules shall govern the conduct of all City of Bozeman boards, commissions, agencies, and committees (hereinafter "boards") where a majority of members are appointed by the City Commission and shall supplement other governing rules of the board. B. These rules are supplementary to the provision of Title 7, Chpt. 1, Part 41, MCA, Title 7, Chpt. 5, Parts 41 and 42, MCA, and Title 2, Chpts. 2 and 3, MCA as they relate to procedures for conducting meets and public hearings before City boards. Section 2 Chairperson and Vice Chairperson – Powers and Duties A. The City Commission will appoint the Chairperson and Vice Chairperson for the year within one month of the start of new members’ terms. B. The recording secretary shall be any staff member assigned by the Staff Liaison. C. The Chairperson shall be the presiding officer of the board. D. During the absence of the chairperson, the vice chairperson shall discharge the duties and exercise the powers and authority of the chairperson. E. The presiding officer shall preserve strict order and decorum at all meetings and confine members in debates to the question under consideration. F. The presiding officer may move or second any item of business then before the board. G. The presiding officer shall state, or cause to be stated, every motion coming before the board, announce the time for a roll-call vote to be announced by the recording secretary, announce the decision of the board on all subjects, and decide all questions of order, subject, however to an appeal to the board, in which event a majority vote of the board members present shall govern and conclusively determine such question of order. H. The presiding officer shall vote on all questions. Section 3 Parliamentary Authority A. Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings of the boards shall be conducted in accordance with these rules. 276 B. In all cases not covered by these rules, the controlling parliamentary authority shall be the latest edition of Robert's Rules of Order, Newly Revised. Section 4 Meeting Agendas A. The staff liaison, or their designee, shall arrange a list of matters to be brought before the board according to the order of business specified herein, and furnish each member and the public through the City's website with a copy of the agenda and all supporting information no later than 48 hours immediately preceding the meeting for which that item has been scheduled. All material to be presented to the board for consideration with an agenda item shall be made available to the public within the above time frame. Copies of the agenda shall be available from the City Clerk and one copy shall be posted at the designated posting board in the City Hall for public viewing and made available on the City's website. Pursuant to Section 7-1-4135, MCA, the City Commission designates as the official posting place for all boards the posting board in the lobby of City Hall located at 121 North Rouse Avenue, Bozeman, Montana. B. The staff liaison shall prepare the meeting agenda and may consult with the Commission Liaison or the board Chairperson in preparing the agenda. The chairperson or a majority of board members may remove an item from the agenda. The agenda shall be in substantially the following form: a. Call to Order b. Disclosures c. Changes to the Agenda d. Public Service Announcements e. Approval of Minutes f. Consent Items g. Public Comments h. Special Presentations i. Action Items j. FYI/Discussion k. Adjournment Order of the above may be adjusted by the presiding officer. Section 5 Meetings All meetings of the board shall be open to the public unless authorized by law. Prior to closing any meeting of the board the Chairperson and Staff Liaison shall consult with the City Attorney. A. Regular Meetings 277 a. Boards shall hold a regular meeting once a month or no less than quarterly as directed in their establishing documents. b. Any meeting of the board may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting. c. The Staff Liaison, presiding officer, or majority of the board may cancel a regular meeting if no business is scheduled for that meeting. B. Public Hearings a. Public Hearings are meetings required of some citizen advisory boards to be held as a public hearing pursuant to law. The provisions of subsection A of this section apply to Public Hearings. b. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a specific later date and time. C. Executive Sessions a. Executive Sessions are meetings of the board with the purpose to discuss litigation strategy, a matter of individual privacy, or other matters wherein a meeting may be closed pursuant to law and will be scheduled as needed. b. Although each Executive Session will commence as an open public meeting, Executive Sessions may be closed to the public pursuant to authority and limitations in Title 2, Chpt. 3, Part 2, MCA. c. An Executive Session may be called at any time during any meeting if authorized by law. D. Special Meetings a. The Staff Liaison, presiding officer, or a majority of the board may call Special Meetings of the board, upon at least fort-eight (48) hours notice to each member personally served on each member through email or left at the member’s usual place of residence. b. Notice shall also be made to the public by, at a minimum, posting the agenda on the City’s website and posting board at least 48 hours prior. E. Subcommittees a. Subcommittees shall only be formed with the express authorization of the City Commission. b. Subcommittees shall be limited to a period of time not to exceed six (6) months or until the completion of an assigned specified task. Section 6 Order of Presentation/Public Participation A. The order of presentation in which items are presented to the board shall generally be as follows: 278 a. The Staff Liaison, or their designee, shall present the agenda item to the board, if appropriate. b. If applicable, the Staff Liaison may present a background report on the matter for discussion. Upon conclusion of a staff presentation, board members may ask questions of staff for the purposes of understanding and clarification. If the agenda item is a public hearing, the presiding officer will open the public hearing prior to staff presentation. c. If applicable, comments from the applicant, or the applicant's agent, shall be heard. The applicant's presentation/testimony is limited, subject to the discretion of the presiding officer, to ten (10) minutes. d. After being recognized by the presiding officer, a board member may direct questions to the staff or applicant. e. Members of the audience or their agent may be invited to present testimony or evidence. To be recognized, each person desiring to give testimony or evidence shall step forward and, after being recognized, give their name and place of residence for the record. The presiding officer may establish a timeframe for each public comment, typically three (3) minutes per speaker and each speaker will be afforded the same allotment of time. The presiding officer may lengthen or shorten the time allotted for public testimony. f. After being recognized by the presiding officer, a board member may direct questions to any person so testifying for purposes of clarification, g. Following public comment, the Staff Liaison shall be given the opportunity to comment on any testimony or other evidence. h. Following staff comment and if a public hearing, the applicant will be given the opportunity to rebut or comment on any testimony or other evidence. The applicant's comments and rebuttal is limited, subject to the discretion of the presiding officer, to five (5) minutes. i. If a public hearing, following applicant rebuttal and any further questions, the presiding officer will close the hearing and bring the agenda item forward for discussion, motion and vote. j. If a public hearing, after being recognized by the presiding officer, a board member may direct questions limited to the rebuttal testimony and evidence. k. The recording secretary shall enter into the record all correspondence that has been received but was not yet provided. l. Unless required to act by a certain date pursuant to law, the board may continue the discussion to a date certain, close discussion and vote on the matter, or close the discussion and continue the vote to a date certain. B. All testimony and evidence shall be directed to the presiding officer. No person, other than a board member and the person recognized as having the floor shall be permitted to 279 enter into the discussion. No questions shall be asked of a board member except through the presiding officer. C. The board may ask the staff liaison for their recommendation. D. If a public hearing, in the event the applicant does not appear at the scheduled time and place, unless the applicant has waived his or her appearance in writing, and which waiver has been accepted, or unless the matter is submitted as a consent item, the matter shall be continued to the next available regular meeting, public hearing date, or other date certain. E. For all public hearings involving land use and annexation decisions, the board will wait a minimum of one week before making a decision whenever requested by a member unless a decision is required due to a statute, ordinance or other law. Agreement with staff’s written findings is an acceptable method of presenting findings. F. Witnesses may be required to testify under oath. G. The board shall not be bound by the strict rules of evidence and may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. H. The presiding officer shall rule on all questions relating to the admissibility of evidence with advice from the City Attorney, which ruling may be overruled by a majority vote of the board. I. A public hearing which has been formally closed for all public input may not be reopened and no additional evidence or testimony from the public shall be received or considered except as provided herein. If additional information is required from the public before a decision can be made, the board upon motion duly made, seconded and passed, may call for an additional public hearing which hearing shall be noticed as required by law, specifying date, time place and subject matter of hearing. This paragraph does not preclude the board, after the public hearing, from asking questions of staff, receiving additional evidence from staff or, after a hearing held on a preliminary plat, pursuant to Title 76, Chpt. 3, MCA, from consulting the subdivider about conditions or other mitigation required of the subdivider. Upon decision by the presiding officer or upon a duly adopted motion of the board to reopen the public hearing prior to close of the agenda item in which the hearing was held, the requirement to provide public notice does not apply; the public hearing may be reopened and the additional input provided prior to a final decision on the item. Section 7 Quorum and Voting A. Unless otherwise provided by law, a quorum shall consist of a majority of all board members. If a quorum is not present, those in attendance shall be named and the board shall adjourn to a later time. B. The recording secretary shall reduce motions to writing and, upon request, shall read a motion prior to the vote. 280 C. All votes shall be made by roll-call. D. Upon every vote, the outcome shall be stated and recorded. E. A board member has an obligation to vote unless there is a conflict of interest. F. Email, telephonic, or proxy voting shall be prohibited. Section 8 Rules of Debate/Reconsideration/Conflict of Interest A. Every board member desiring to speak shall address the presiding officer and upon recognition by the presiding officer, shall confine discussion to the question under debate, avoiding all personalities and indecorous language. B. A board member, once recognized, shall not be interrupted when speaking unless the member is to be called to order, or as herein otherwise provided. If a board member, while speaking is called to order, they shall cease speaking until the question of order be determined, and, if in order shall be permitted to proceed. C. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer. D. A motion to reconsider any action taken by the board must be made on the day such action was taken. It must be made either immediately during the same session, or at a recessed and reconvened session thereof. Such motion shall be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a board member has the floor. It shall be debatable— nothing herein shall be construed to prevent any board member from making or remaking the same or any other motion at a subsequent meeting of the board, but the matter must be duly scheduled as- an agenda item. E. Pursuant to the City' s Code of Ethics, a board member may seek the advice of the City Attorney as to whether the member has a conflict of interest pursuant to law. If the board member is advised there is a conflict of interest, the member shall recuse themselves, step away from the meeting table, and refrain from discussion and vote on the matter. F. After a motion, duly made and seconded, by the board, no person shall address the board without first securing the permission of the presiding officer. Section 9 Open Meetings and Email A. Except for properly- called executive sessions as permitted by state law, all meetings of the board shall be open to the public and media, freely subject to recording by radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. 281 B. A majority of the board shall not conduct synchronized email discussions involving a matter over which the board has supervision, control, jurisdiction, or advisory power. Synchronized email discussions are email exchanges among a majority of board members within minutes of each other that create the quality of simultaneity similar to instant messaging or chat room discussions. Such discussions are characterized as an active exchange of information rather than the passive receipt of information. An example of synchronized email discussion would be a majority of board members sitting at their computers and instantly exchanging emails concerning board business, whereas a passive receipt of information is where a board member receives an email and responds in the normal course of time similar to responding by letter received in the mail. The board shall not view emails or other electronic communication mechanisms concerning any matter on the agenda during a board meeting unless the submission is part of a specifically approved and adopted electronic public testimony program. Electronic communication mechanisms include text messaging or any other emerging technology that violates the spirit of' open meeting laws. This does not preclude viewing emails or electronic communication mechanisms that were received prior to the board meeting. Emails received by board members concerning an agenda item shall be forwarded to the staff liaison or board secretary and retained in accordance with the City's retention policy. Section 10 Decorum A. While the board is in a session, board members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the board nor disturb any member while speaking or refuse to obey the orders of the board or its presiding officer. B. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the board may be denied farther audience with the board by the presiding officer, unless permission to continue is granted by a majority vote of the board. C. The board shall not debate, in a heated or argumentative manner, with a member of the public presenting testimony during a meeting. D. Speakers shall only address the agenda item before the board. Any person speaking on an agenda item not before the board may be called out of order. Section 11 Recording of Meetings and Minutes A. The recording secretary shall prepare a summary of all meetings to be known as the Minutes" and to be approved by the board. It shall not be necessary to formally read out 282 loud the Minutes prior to approval. Such Minutes may be revised by the staff liaison or board secretary to correct spelling, numbering, and other technical defects. Prior to approval, any board member may request the privilege of amending or correcting the Minutes to accurately reflect the substance of the prior meeting. If objection is made by any board member to such amendment or correction, a majority vote of the board shall be necessary for adoption of the correction or amendment. The approved minutes shall be forwarded to the City Clerk's office for posting within a month of the meeting in which they were approved. B. Executive Session Minutes. Executive session minutes shall be taken and prepared by the board secretary. The board shall approve the minutes of an executive session in open meeting; provided, however that any discussion concerning the contents of the minutes, prior to approval, shall be conducted in executive session. The staff liaison or board secretary will distribute the draft executive session minutes to the members in a manner that ensures and retains confidentiality. The board shall follow the provision 2. 02. 130, BMC related to dissemination of executive session minutes. C. At the discretion of the board and City Clerk's office, meetings shall be televised, broadcast, and/or a video or audio recording made. Audio or video recordings shall be made available to the public unless required to be kept confidential by law. Section 12 Attendance at Meetings/Removal by City Commission/Terms A. All board members are expected to contribute the time necessary to fulfill their fiduciary obligations to the board. All board members are required if they are to be absent from a meeting to contact the presiding officer and the staff liaison prior to the meeting. If prior contact is made, the absence will be determined excused. If the board member fails to contact the presiding officer or staff liaison prior to the meeting, the absence will be considered unexcused. The City Commission and City Manager will be notified by the Staff Liaison of any board member with more than one unexcused absence in any calendar year. The board, via motion and vote, may forward to the City Commission the name of any board member having three or more excused absences, or a combination of excused and unexcused absences. As provided by law, the City Commission may remove a board member for excessive absences. B. A board member’s term may be extended for up to 30 days after term expiration on a case by case basis by the City Clerk’s Office if the board member has reapplied for a subsequent term but the application process has not yet been heard by the City Commission. C. All terms shall expire on December 31 of their given year. Section 13 283 Compliance with the City Code of Ethics A. All board members are required to follow State ethics laws regarding appointed officials and the City of Bozeman Code of Ethics. B. New board members will receive the City of Bozeman ethics handbook and must sign a form acknowledging receipt of the handbook and affirm they will uphold the state and city ethics codes. C. Board members are also required to attend City sponsored ethics training. Non- compliance with the City Code of Ethics and training requirements may result in removal of a board member. See the City Code of Ethics for more details. Section 14 Compliance with the City Purchasing Policy A. All boards are subject to the City purchasing policy (Administrative Order 2009-06), as revised, unless specified by law. B. City Staff Liaisons shall handle financial transactions unless specific arrangements have been made in writing through the City Controller. C. Boards shall not appropriate money unless specifically authorized by statute. Section 15 Compliance with State Records Retention Policy A. All City boards are subject to the State of Montana records retention policy. B. The City Clerk’s Office will handle retention of all agendas, minutes, and board resolutions once they have been forwarded to the Clerk’s Office. C. E-mails, websites and social networking sites are subject to adopted records retention schedules. For social media and websites, please refer to the current Information Technology Social Media Use Policy for further guidelines. D. Individual members are responsible for preserving communications that are potentially subject to the Right to Know provisions of Montana’s State Constitution (Art. II, Section 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, these email, its senders and receivers, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 284