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HomeMy WebLinkAbout08-24-21 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.Public Service Announcements D.1 There will be no City Commission meeting on August 31, 2021 or September 7, 2021. City Offices will be closed on September 6, 2021 in observance of Labor Day. Labor Day is a garbage holiday and collection will be delayed one day. E.FYI F.Commission Disclosures THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, August 24, 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=ed875d46ed7c8595f6ccde466426af43b 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: 2557 939 2428 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 Accounts Payable Claims Review and Approval (Stewart) G.2 Spring Creek Inn Minor Subdivision Final Plat, Application 19510 (Rosenberg) G.3 Authorize the City Manager to Sign a Utility Easement with Life Style Solutions Real Estate for the Ruh Building (18423)(Lehigh) G.4 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with Pacific Hide and Fur and with Merganthaler Family, LLC for the Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale) G.5 Authorize City Manager to Sign an Agreement Between the City of Bozeman and Bozeman School District 7 Regarding School Resource Officer Pay and Operational Considerations(Klumb) G.6 Ordinance 2085, Final Adoption to Generally Revise Chapter 2, Article 5 of the Bozeman Municipal Code in Accordance with the Consolidation of the City Advisory Boards(Mihelich) 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.Action Items I.1 Continue the Public Hearing for the 2103 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-2, Application 21147(Rogers) I.2 Continue the Public Hearing for the West Babcock Properties Zone Map Amendment to Rezone 3.4 acres from B-2 to B-2M for Properties Addressed at 102 South 19th Avenue and 1716, 1736, and 1804 West Babcock Street, Application 21192(Rogers) I.3 Resolution 5276, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property(Donald) J.Appointments J.1 Appointments to the Zoning Commission(Maas) J.2 Selection of a City Commission Representative to the Gallatin Local Water Quality District(Maas) K.FYI / Discussion 2 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 SUBJECT:There will be no City Commission meeting on August 31, 2021 or September 7, 2021. City Offices will be closed on September 6, 2021 in observance of Labor Day. Labor Day is a garbage holiday and collection will be delayed one day. MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:No action necessary 4 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Interim Accounting Technician Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at http://www.bozeman.net/government/finance/purchasing. Individual claims in excess of $100,000: to be announced in weekly e-mail from Interim Accounting Technician Levi Stewart. Report compiled on: August 12, 2021 5 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Krueger, Development Review Manager Martin Matsen, Director of Community Development SUBJECT:Spring Creek Inn Minor Subdivision Final Plat, Application 19510 MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve a Final Plat for the Spring Creek Inn Minor 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. 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:A final plat for the creation of two commercial lots. The Commission approved the Findings of Fact on July 15, 2019. An improvements agreement is part of the application that includes the following improvements: one street light, water and sewer service. UNRESOLVED ISSUES:None. ALTERNATIVES:NA FISCAL EFFECTS:NA Attachments: 274-01- Minor Sub Final Plat 12-10-19.pdf SIA Materials 7-27-2021.pdf Signed IA.pdf Spring Creek Inn FP_transmittal to Legal.pdf Spring Creek Inn Minor Sub PP - Findings of Fact.pdf Report compiled on: August 11, 2021 6 7 8 _________August 2022 (revised by Clint Litle, PE 7/27/2021) ________$19,042.50 (revised by Clint Litle, PE 7/27/2021) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM TO: TIM COOPER, CITY ATTORNEY MIKE MAAS, CITY CLERK FROM: SARAH ROSENBERG, ASSOCIATE PLANNER SUBJECT: FINAL PLAT REVIEW FOR THE SPRING CREEK INN MINOR SUBDIVISION, PLANNING FILE NO. 19510 DATE: AUGUST 11, 2021 Alpine Surveying & Engineering, on behalf of VTR Spring Creek Inn, LLC (Owner), has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Spring Creek Inn Minor Subdivision (which would create 2 commercial lots). The Commission approved the Findings of Fact on July 15, 2019. An Improvements Agreement is required for this subdivision for the following improvements: one street light, water and sewer service Based on the summary review provided below, the City Engineering Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the Final Plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate, property owner association documents, improvements agreement, and a copy of the Findings of Fact and Order are attached for your review. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Certificates of Director of Public Works and Certificate of Completion "as to form". The final City signatures will be obtained once the City Commission has approved the final plats. A completed application with the exception of the signed mylars was submitted to the Community Development Department on July 1, 2021. It was deemed adequate August 1, 2021. The final plat review must complete review within a 20-day (working days) review period. The review period begins once the signed mylars are received. The conditions of preliminary plat approval, which are pertinent to this major subdivision and how they have been met are described in the submittal materials. An exception to this are that it was determined that subdivision improvements agreements are required for uninstalled sidewalks, street, and open space landscaping. We have the agreements in hand and the financial guarantees are provided by irrevocable standby Letter of Credit and non financial guarantees in 30 Page 2 of 2 the form of a building permit restrictions. The original of each LOC is included with the Improvements Agreement. Note: The Community Development Department and Engineering Department have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. The project is scheduled for consideration by the City Commission on August 24, 2021. Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal Original Platting Certificate Original Quick Claim Deed Stormwater Utility Easement Public Street Utility Easement Realty Transfer Certificate Waiver of SIDs Improvements Agreement cc: File 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Memorandum REPORT TO:City Commission FROM:Lance Lehigh, Engineer III Scott Shirley, Interim Public works Director SUBJECT:Authorize the City Manager to Sign a Utility Easement with Life Style Solutions Real Estate for the Ruh Building (18423) MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with Life Style Solutions Real Estate for the Ruh Building (18423). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Utility Easement Report compiled on: August 9, 2021 51 52 53 54 55 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Scott Shirley, Director of Public Works SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with Pacific Hide and Fur and with Merganthaler Family, LLC for the Griffin Drive and Manley Road Street and Stormwater Improvements Project MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign Temporary Construction Permits and Right-of-Way documents with Pacific Hide and Fur and with Merganthaler Family, LLC for the Griffin Drive and Manley Road Street and Stormwater Improvements Project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement project generally consists of construction of a new three-lane roadway on Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter, separated multi-use pathways on both sides, a traffic signal at Manley Road, lighting and utility improvements. The project also includes construction of approximately 200 feet of Manley Road from Griffin Drive to the south end of the Manley Road reconstruction project, which was completed in 2020. In order to construct these improvements it is necessary to acquire the right of way described herein. The attached documents have been executed by the property owners, and are necessary for the completion of the project. The valuations used for these acquisitions were established through the work of Sanderson Stewart. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The total cost is $46,761.00. Compensation for the Public Use Easement, Temporary Construction Easement, and Cost to Cure is $44,100.00. Title costs are $2,661.00. The funds for this are part of SIF113 Griffin (7th to 56 Rouse) - Construction. Attachments: 20210824_Pacific Hide and Fur Depot ROW Agreements for City Signature.pdf 20210824_Mergenthaler Family ROW Agreements for City Signature.pdf Report compiled on: August 13, 2021 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manger Jim Veltkamp, Chief of Police Cory Klumb, Captain of Detectives SUBJECT:Authorize City Manager to Sign an Agreement Between the City of Bozeman and Bozeman School District 7 Regarding School Resource Officer Pay and Operational Considerations MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize City Manager to sign an agreement between City of Bozeman and Bozeman School District 7 regarding continuation of School Resource Officer duties and payment of one-half (1/2) actual salary and benefits for five (5) School Resource Officers by the School District. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:For over 24 years, the Bozeman Police Department and School District have enjoyed a cooperative approach to identifying and resolving public safety concerns in the schools, in particular through the assignment of School Resource Officers (SROs). The goal of the SRO program is to provide a safe learning environment in our schools, provide valuable resources to school staff, foster a positive relationship with our community’s youth and school staff, and develop strategies to resolve problems affecting our youth. These efforts contribute to student and staff safety and are integral in helping fulfill the District’s Long Range Strategic Plan and are in keeping with the City of Bozeman’s Strategic Plan. The Bozeman Police Department has five (5) full-time School Resource Officer positions. SROs attend regular safety plan meetings and have become an important resource for staff when discussing student needs and assisting parents of troubled youth. This collaborative approach has yielded great results in the solvability of criminal acts, the prevention of crime, successful drug interventions, and the ability to effectively address non- criminal student needs. The School District has paid for one-half the actual salary of these officers, contributed to training costs to the National Association of School Resource Officers annual conference, and provided offices in the High School and 90 Middle Schools for several years. This agreement is a continuation of this commitment for the next five years. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 2021 SRO Contract.pdf Report compiled on: August 5, 2021 91 1 AGREEMENT THIS AGREEMENT, made and entered into this 13th day of August 2021, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, hereinafter referred to as “CITY”, and BOZEMAN SCHOOL DISTRICT NO. 7, hereinafter referred to as “SCHOOL”. WHEREAS: The CITY and SCHOOL face the challenge of keeping pace with a growing, ever changing community. In particular, the increases in emergency calls at or around area schools have increased over the past decade and continue to challenge police resources. Serious crime by or involving young people, drug and alcohol abuse, campus violence, and potential for gang activity necessitate a strong working relationship between the CITY and SCHOOL. It is necessary to enforce district policy, serious behavior infractions, criminal law, crime prevention, attendance requirements, and to develop strategies that will contribute to student and staff safety and progress toward the SCHOOL's Long Range Strategic Plan. WHEREAS: Results of this complex and changing environment include increased budget constraints, and the need to reevaluate the role of the police agency in the community, especially in the schools. An intergovernmental cooperation arrangement between the CITY and SCHOOL is deemed an efficient and desirable means for effectively addressing juvenile-related crime and other problems. The SRO is instrumental in providing a safe environment conducive to the learning process. Students, staff and our community have a heightened perception of safety due to the work of the SRO. Building relationships with students, faculty, staff, administrators and parents is important to the quality of the trust generated by the SRO on and off the campus. Positive relationships yield great results in the solvability of criminal acts, the prevention of crime, successful drug interventions, drug interdictions and the ability to effectively address non-criminal student needs; WHEREAS: The School Resource Officer (“SRO”) program in SCHOOL utilizes a triad concept of school-based policing. The triad concept divides the SROs responsibilities into three areas: law enforcement, informal counselor/mentor, and guest speaker: ● Law Enforcement Function – Functioning effectively in the school environment including understanding human brain development, de-escalation techniques, cultural awareness, and working with students with special needs. ● Mentoring Students – Designed to provide tools to be a positive role model for youth including informal counseling techniques. ● Guest Speaking – Instructional techniques as well as classroom management 92 2 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 8/1/2021 TO 6/30/2025 tools to provide law enforcement-related education to students; and, WHEREAS: The parties to this Agreement believe it is in their best interests to come to an Agreement creating and utilizing the position of "School Resource Officer” (SRO) as a means to enforce the compulsory attendance provisions of M.C.A. 20-5-101. Et. Seq., and to meet the demand for investigation, detection and prevention of juvenile criminal activity of Bozeman School District and other property within the city limits of Bozeman. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: 1. The CITY and SCHOOL shall mutually agree on the number of SROs to be hired. The number of primary SROs will be evaluated on an annual basis and allocated appropriately based on enrollment, service needs, funding availability, and expectations. The assignment of other trained SROs on a part-time basis shall be at the mutual agreement of both the CITY and SCHOOL. 2. The CITY shall designate trained and qualified law enforcement officers(s) as SRO, assigned to assist other school officials in their effort to maintain a proper educational environment for the students. In doing so, the SROs will, among other duties, assist in enforcing compulsory attendance and disciplinary policies, and participate in the investigation of criminal activities involving juveniles, particularly when involving students or related to school district properties. The CITY shall maintain supervisory authority over the SRO(s). It is acknowledged and agreed by the parties that all SRO(s) will remain employee(s) of the CITY. 3. SROs shall abide by SCHOOL policies, provide a presence and education to students and staff that help prevent crime; conduct investigations of criminal acts that occur in the schools that involve students or staff; make arrests when necessary; assist classroom teachers by being a resource on law enforcement specific and related topics; develop and deliver a variety of lesson plans and community presentations related to law enforcement topics such as search and seizure, Miranda, and law enforcement as a career. In addition, SROs will provide specialized lesson plans on topics such as Bullying, Stalking, Sexual Assault and Sexual Predation by Drug, Internet Safety, Rights Vs. Responsibilities of a Citizen, Effects of Alcohol and Commonly Abused Drugs, etc. The SROs shall abide by all applicable legal requirements for law enforcement officers concerning interviews or searches should it become necessary to conduct formal law enforcement investigations involving students or staff on property or at functions under the jurisdiction or supervision of the SCHOOL. The SRO's will not be involved in searches conducted by school personnel. School personnel may request SROs to search 93 3 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 8/1/2021 TO 6/30/2025 in certain limited circumstances including when a criminal act is involved or in the event of exigent circumstances, such as imminent safety concerns. The SRO will follow all applicable laws when conducting searches. 4. The SCHOOL shall be responsible for cost sharing of actual wage and benefit amounts earned by the primary SRO(s) in the performance of their duties in accordance with CITY payroll standards. The SCHOOL shall pay one-half (1/2) of the actual annual wage and benefit amounts in each fiscal year. The CITY will continue to act as fiscal agent for the officer(s). The CITY will provide the equipment and resources necessary for SROs to perform their duties. The SCHOOL and CITY will equally share costs for new computer(s), as needed. Each SRO shall carry a cell phone issued by the CITY. The SCHOOL will annually pay the CITY one-half of the total annual cost of cell phone service for each SRO. 5. The CITY will provide proper and adequate training for the SROs. The SCHOOL shall pay for one-half of the total costs associated for each SRO that attends the National Association of School Resource Officers (NASRO) Conference and one-half the total cost for each SRO that attends SRO Basic training. 6. The CITY will ensure, to the extent reasonable, that the assigned SRO is available for duty on school grounds when school is in session by encouraging the SRO(s) to take vacation only when school is not in session. The SCHOOL recognizes the SRO(s) work schedule is specified by contract. 7. The SCHOOL shall recognize the lawful authority of the SRO and cooperate in their efforts to enforce the law. The SRO(s) act as part of the School's Administrative Team, as determined by the SCHOOL. In the event of conflict between these dual roles or responsibilities, the SCHOOL recognizes a SRO is first and foremost a law enforcement officer. 8. The SCHOOL shall provide a primary office for each SRO and allow access to and use of office-related equipment by the SRO as needed, at no cost to the CITY. As necessary, the SCHOOL will provide an additional office(s) as determined mutually between the CITY and SCHOOL. 9. The SROs may request assistance from school support staff to assist in clerical related tasks that are not in conflict with the Confidential Criminal Justice Information System. This assistance will be provided at no cost to the CITY. 94 4 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 8/1/2021 TO 6/30/2025 10. The SCHOOL acknowledges and agrees that the SRO is/are subject to call out by the CITY on short notice for major emergencies, and required as part of their duties to appear in conferences, at court hearings and at other related functions. 11. The SCHOOL shall create a line of communication designating a member of each individual school’s administration as the primary point of contact for the SRO to share information and discuss areas of concern. The SCHOOL recognizes circumstances may arise in which a SRO may not be able to share information pertaining to a criminal investigation. 12. The SRO(s) shall assist the SCHOOL in the development review of law enforcement and safety-related policies and procedures, including related training or drills as deemed necessary. 13. The SCHOOL and the SRO(s) shall jointly participate in threat assessment meetings to determine the level of threat an identified student poses and to assist in the creation of a safety plan for that student. 14. The SCHOOL and the SRO(s) shall jointly participate in Interdisciplinary Team meetings. 15. The SCHOOL and the SRO(s) shall jointly participate in other meetings as appropriate for safety and prevention activities of the SCHOOL. 16. Complaints related to SRO performance will be handled in accordance with Bozeman Police Department Citizen Inquiries/Complaint policy. Termination/Extension: The term of this Agreement shall be from August 1, 2021 to June 30, 2025. The Agreement may be extended or revoked by mutual consent of the parties in writing. Either party may terminate this agreement, without cause, upon furnishing the other sixty (60) days written notice thereof. This Agreement will be reviewed at least annually and revisions may occur by mutual consent of the parties in writing. Every five years, this Agreement must be reauthorized by the City Commission. 95 5 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 8/1/2021 TO 6/30/2025 IN WITNESS WHEREOF, the parties hereto have signed and executed the foregoing Agreement the day and year first above written. BOZEMAN SCHOOL DISTRICT #7 CITY OF BOZEMAN By:_____________________________ By:__________________________ Casey Bertram, Jeff Mihelich Interim Superintendent City Manager ATTEST: ATTEST: _______________________________ _____________________________ Mike Waterman, School District Clerk Mike Maas, City Clerk 96 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, Final Adoption to Generally Revise Chapter 2, Article 5 of the Bozeman Municipal Code in Accordance with the Consolidation of the City Advisory Boards MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:I move to finally adopt Ordinance 2085 to consolidate the City 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. On August 10, 2021, the City Commission adopted Resolutions 5326, 5327, 5328, 5329, and 5330 establishing the Transportation Board, the Sustainability Board, the Urban Parks and Forestry Board, the Economic Vitality Board, and the Community Development Board, respectively. The 97 City Commission provisionally adopted Ordinance 2085 and this final adoption completes the necessary changes to the Bozeman Municipal Code in accordance with those actions to be effective December 1, 2021. UNRESOLVED ISSUES:There are no identified unresolved issues at this time. ALTERNATIVES:None assigned. FISCAL EFFECTS:None. Attachments: Ordinance 2085 Generally Revising Chapter 2, Article 5 of the BMC in Accordance with the Consolidations of the City Advisory Boards.pdf Report compiled on: August 13, 2021 98 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 99 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 100 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. 101 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 102 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 indicated in Sections 1 – 11. 103 Ordinance 2085 Page 6 of 6 Section 16 Effective Date. This Ordinance shall be in full force and effect December 1, 2021. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 10th day of August, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 24th day of August, 2021. The effective date of this ordinance is December 1, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 104 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Marty Matsen, Community Development Director SUBJECT:Continue the Public Hearing for the 2103 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-2, Application 21147 MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:I move to continue the public hearing for the 2103 Bridger Drive Annexation and Zone Map Amendment, application 21147 to Tuesday, September 21, 2021. 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 Zoning Commission met on Monday, August 9, 2021 to hold a public hearing on this application. Due to a lack of a quorum the meeting was continued to Monday, August 23, 2021. As a result the City Commission hearing must be continued to another date. The first available City Commission date is on Tuesday, September 21, 2021. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Report compiled on: August 11, 2021 105 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Marty Matsen, Community Development Director SUBJECT:Continue the Public Hearing for the West Babcock Properties Zone Map Amendment to Rezone 3.4 acres from B-2 to B-2M for Properties Addressed at 102 South 19th Avenue and 1716, 1736, and 1804 West Babcock Street, Application 21192 MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:I move to continue the public hearing for the West Babcock Properties Zone Map Amendment, application 21192 to Tuesday, September 21, 2021. 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 Zoning Commission met on Monday, August 9, 2021 to hold a public hearing on this application. Due to a lack of a quorum the meeting was continued to Monday, August 23, 2021. As a result the City Commission hearing must be continued to another date. The first available City Commission date is on Tuesday, September 21, 2021. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Report compiled on: August 11, 2021 106 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director SUBJECT:Resolution 5276, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Move to approve Resolution 5276, establishing and affixing the number of mills to be charged against the assessed valuation of all taxable property. 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: On June 22, 2021, the FY22 Budget was approved with an anticipated 10.6% increase in taxable value. It was developed with a mill value estimated = $143,099 and an estimated maximum tax levy of 184.34 mills, of which 9 mills for Resolution No. 3954 (911 mills), and 9.07 mills in the General Fund were to remain unlevied with 2 reserved for operating the Bozeman public safety center for a full year. On July 31, 2021 the City received its official certification of taxable values for FY22 (2021 tax year), issued by the Department of Revenue (DOR.). The certification showed that taxable value went up by 19.9%. The certification also showed an increase of $5.2 million from new construction (newly taxable property). The mill value = $155,353 and a maximum tax levy of 175.78 mills, of which 9 mills for Resolution No. 3954 (911 mills) and 12.66 mills in the General Fund were to remain unlevied with 2 reserved for operating the Bozeman public safety center. By law, the permissive medical insurance levy and debt service bond levies increase to recover specific payment amounts. In order to meet the approved budget, the City should levy 154.12 mills and generate $23,943,153 in property tax revenue. This would leave us 21.66 mills under our tax cap; 9 mills for 911, 2 reserved for capacity for the operating of the 107 Bozeman Public Safety Center for a full year and 10.66 mills related to the General Fund. Recommendation: We recommend that the Commission consider levying property taxes at a level that generates the amount of revenue required for the adopted budget. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Adopting the recommended mill levy of 154.12 mills is estimated to generate $23,943,153 in property tax revenue for FY22. The revenue will be deposited to the funds described on the attached “Recommended FY22 Mill Levies & Mill Values” sheet. Attachments: Resolution - FY22 Tax Levy Resolution.docx Tax Anlaysis for Res5276.docx Bozeman Certified values recived 7.30.21.pdf Taxable Values History.pdf Recommended FY22 MIll Levies and Values.pdf Report compiled on: August 12, 2021 108 1 of 4 COMMISSION RESOLUTION NO. 5276 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 2021-2022 (FY22). WHEREAS, in accordance with 15-10-203 MCA, after due and proper legal notice, at a regular session of the City Commission on August 24, 2021, the public hearing on the proposed change of ad-valorem tax revenue was held; and WHEREAS, the Montana Department of Revenue issued to the City a 2021 Certified Taxable Valuation received on July 31, 2021; and WHEREAS, in accordance with Montana Code Annotated, a resolution must be adopted by the City Commission in order to determine the amount of the City or Town taxes to be levied and assessed on the taxable property situated within the City for the current fiscal year; and WHEREAS, the City Clerk must certify to the County Clerk a copy of such resolution. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana as follows: Section 1 That for the purpose of providing and maintaining basic City services the City Commission of the City of Bozeman, Montana does hereby affix 98.66 mills to be levied for the All Purpose General Fund for all salaries, operations, and capital expenditures for general government purposes as provided by Sections 7-6-4451 and 15-10-420 MCA. Section 2 109 Resolution No. 5276 Establishing and Affixing the Number of Mills 2 of 4 That the City Commission of the City of Bozeman, Montana does hereby affix a 5.00 mill levy from the City’s maximum mill levy allowed under Sections 7-6-4451 and 15-10-420 MCA for the City’s Community Housing Fund to be used for affordable/workforce housing purposes within the City. Section 3 That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 17.66 mills to provide for the total City payment of premiums for Health Medical Insurance for City employees in accordance with Title 2 Chapter 18 Part 7 MCA, Section 2 of Chapter 359 Laws 1975, Section 7-32-4117 MCA, and Section 7-3-4130 MCA. Section 4 That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 2.00 mills to provide funds for the City Planning Activity in accordance with Section 76-1-406 MCA. Section 5 That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 1.00 mills to provide funds for special transportation services for senior citizens and persons with disabilities in accordance with Section 7-14-1111 MCA. Section 6 That for the purpose of providing and maintaining basic City services the City Commission of the City of Bozeman, Montana does hereby affix 4.00 mills to be levied for the Fire Department Capital & Equipment Replacement for general government purposes as provided by Section 7-6- 4451 MCA Section 7 That the City Commission of the City of Bozeman, Montana does hereby affix a 1.25 mill levy from the City’s maximum mill levy allowed under Sections 7-6-4451 and 15-10-420 MCA for the general purpose of the stormwater system, to include the stormwater improvement program for corrective measures at the Bozeman Story Mill Landfill, served by the stormwater system, with the funds appropriated, to pay a portion of the costs, in accordance with 7-7-4424 (b) MCA. Section 8 That the City Commission of the City of Bozeman, Montana does hereby affix a 2.32 mill levy from the City’s maximum mill levy allowed under Sections 7-6-4451 and 15-10-420 MCA for the costs of Landfill Post-closure activities at the Story Mill Landfill. Section 9 That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 6.96 mills to provide for principal and interest payments on 110 Resolution No. 5276 Establishing and Affixing the Number of Mills 3 of 4 outstanding Trails, Open Space and Parks (TOP) General Obligation Bonds in accordance with Section 7-7-4265 MCA. Section 10 That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 15.27 mills to provide for principal and interest payments on outstanding Bozeman Public Safety Center (BPSC) General Obligation Bonds in accordance with Section 7-7-4265 MCA. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 24th day of August, 2021. __________________________________ CYNDY ANDRUS Mayor ATTEST: _____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 111 Resolution No. 5276 Establishing and Affixing the Number of Mills 4 of 4 CITY OF BOZEMAN Levy Purpose Number of Mills All Purpose Levy 98.66 Community/Workforce Housing 5.00 Permissive Medical Insurance 17.66 Planning 2.00 Senior Transportation 1.00 Fire Equipment 4.00 Stormwater Project – Landfill Loan 1.25 Monitoring – Landfill 2.32 Park and Trail GO Bonds 6.96 BPSC Bonds 15.27 Grand Total Levied 154.12 Mill Levy Fiscal Year 2021-2022 (FY22) 112 FY22 Tax Levy (2021 Tax Year) Analysis for Resolution 5276 Background Approved Budget: On June 22, 2021, the FY22 Budget was approved with an anticipated 10.6% increase in taxable value. It was developed with a mill value estimated = $143,099and an estimated maximum tax levy of 184.34mills, of which 9 mills for Resolution No. 3954 (911 mills), and 9.07 mills in the General Fund were to remain unlevied with 2 reserved for operating the Bozeman public safety center for a full year. Certified Values and Maximum Mill Levy: On July 31, 2021 the City received its official certification of taxable values for FY22 (2021 tax year), issued by the Department of Revenue (DOR.). The certification showed that taxable value went up by 19.9%. The certification also showed an increase of $5.2 million from new construction (newly taxable property). The mill value = $155,353 and a maximum tax levy of 175.78mills, of which 9 mills for Resolution No. 3954 (911 mills) and 12.66 mills in the General Fund were to remain unlevied with 2 reserved for operating the Bozeman public safety center. The certification also showed an increase of $5.2 million from new construction (newly taxable property). Adopted Budget Estimated Mill Levy Keeping to Adopted Budget based on dollars $ Mill Value 143,099$ 155,353$ Mills Levied 166.27 154.12 Mills Unlevied General fund mills 7.07 10.66 Capacity For BPSC 2.00 2.00 911 mill levy 9.00 9.00 Total unlevied 18.07 21.66 Maximum Mill levy 184.34 175.78 City of Bozeman Values 2021 2020 2019 2018 2017 Special Mobile 31,633 23,217 37,515 43,869 47,146 Manufactured Homes 225,827 159,470 166,069 112,767 111,394 Business Equipment 1,662,930 1,452,246 1,412,528 1,242,232 1,169,173 Real Property (Residential & Commercial)154,900,601 127,930,465 124,109,850 100,692,212 97,508,338 Centrally Assessed 10,017,150 8,418,029 7,856,074 7,622,702 7,388,755 Net & Gross Proceeds - - - - - TIFD (11,485,638) (8,446,310) (8,158,839) (5,392,366) (5,030,031) Taxable Valaue 155,352,503 129,537,117 125,423,197 104,321,416 101,194,775 113 Tax Increment Financing Districts: Most of the Urban Renewal Districts saw change. Midtown saw a slight down turn but have many projects coming onto the tax rolls. Downtown continues to gain value and our newest district has been included. 18,956,859 $19,950,675 $23,637,938 $21,953,931 $23,943,153 - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 **2018 2019 **2020 2021 **2022 Property Tax Dollars 13.3% 3.1% 20.2% 3.3% 19.9% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% **FY18 FY19 **FY20 FY21 **FY22 PERCENTAGE CHANGE 3,769,917 4,159,996 5,987,410 6,247,663 7,893,562 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 FY18 FY19 FY20 FY21 FY22 Downtown TIF Base Value Increamental Value 114 223,765 229,047 457,274 477,252 636,368 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 FY18 FY19 FY20 FY21 FY22 Northeast TIF Base Value Increamental Value 948,716 982,574 1,714,155 1,707,571 2,589,893 - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 FY18 FY19 FY20 FY21 FY22 Midtown TIF Base Value Increamental Value 20,749 -13,824 53,750 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 FY19 FY20 FY21 FY22 North Park TIF Base Value Increamental Value 115 Levy Details: By law, the permissivemedical insurancelevy and debt servicebond levies increase to recoverspecificpayment amounts. In order to meettheapproved budget,the City should levy 154.12mills and generate $23,943,153in property tax revenue. This would leave us 21.66mills under our tax cap; 9 mills for 911, 2 reserved for capacity for the operating of the Bozeman Public Safety Center for a full year and 10.66 mills related to the General Fund. Recommendation: We recommend that the Commission consider levying property taxes at a level that generates the amount of revenue required for the adopted budget. General Fund Balance: The FY21 audit is just beginning and financials are in the drafting stage so the fund balance is still considered preliminary, in addition we receive one final tax payment from the county the first or second week of September that we are estimating in this balance. Below is the breakdown of the fund balance and the required minimum: Tax Payer Impact: Adopting the recommended mill levy of 154.12 mills is estimated to generate $23,943,153 in property tax revenue for FY22. The revenue will be deposited to the funds described on the attached “Recommended FY22 Mill Levies & Mill Values” sheet. Based on DOR the updated information a typical resident would pay an annual property tax of $869.12 to ---- 56,410 - 10,000 20,000 30,000 40,000 50,000 60,000 FY18 FY19 FY20 FY21 FY22 South Bozeman Tech TIF Base Value Increamental Value Estimated End of FY21 Fund Balance 8,422,800$ Estimated Revenues 36,395,332$ Estimated Expenditure 38,750,903$ Ending Fund balance 6,067,229$ Minimum Reserve of 16.67% of Rev 6,067,102$ Amount over minimum fund balance 127$ General Fund Balance 116 the City for Tax Year 2021. Information from the DOR indicates that the median homes taxable value is $417,720 and $5.64/mill for thatmedian home. The effect of this levy on the typical residential property owner is a decrease of $86.62. Levy/Assessment FY21 Approved Increase (Decrease)FY22 Approved % Change Street Assessment 242.51 14.55 257.06 6.0% Arterial Street Assessment 53.33 3.20 56.53 6.0% Tree (Forestry ) Assessment 24.56 0.49 25.05 2.0% Parks & Trails Assessment 127.5 42.08 169.58 33.0% Property Taxes 955.74 (86.62) 869.12 -9.1% Storm Water Services 77.45 6.97 84.42 9.00% Water Service 555.81 0.00 555.81 0.00% Sewer Services 630.99 0.00 630.99 0.00% Total Annual Estimated Increase 2,667.88 (19.33) 2,648.56 -0.72% Monthly Increase (1.61) Taxable Value of Median home $417,720, 7,500 SQFT lot and 10-HCF water use 117 MONTANA Deporlmenl ol REVENUE 1. 2021 Total Market Va1uer.................. 2.2O2! fotal Taxa ble Value2... 3. 2021 Taxable Value of Newly Taxable Property......... 4. 2021 Taxable Value less lncremental Taxable Valuel 5. 2021 Taxable Value of Net and Gross Proceedsa (Class 1 and Class 2)................ 6. TIF Districts Tax lncrement Current Taxable District Name Value2 2021 Certified Taxable Valuation lnformation (1s- 10-202, MCA) Gallatin County CITY OF BOZEMAN Certified values are now available online at property.mt.gov/cov 5 10,724,564,866 s 166,838,141 s 5,286,578 s 155,352,503 s Base Taxable Value lncremental Value BOZEMAN DOWNTOWN 9,222,257 L,328,695 7,893,562 NORTHEAST URBAN REN 7,059,422 423,O54 636,368 BOZEMAN MIDTOWNUF 6,097,676 2,s89,893 NORTH PARK URBAN REI 298,082 244,337 s3,750 SOUTH BOZEMAN TECHI 56,827 411 56,4L0 YARD POLE URBAN RENI 1,392,771 L,L37 ,056 255,655 Total lncremental Value 5 11,485,638 Preparer Terri Smith Date 7 /29 /2021 lMarket value does not include class 1 and class 2 value 2Taxable value is calculated after abatements have been applied 3This value is the taxable value less total incremental value of all tax increment financing districts aThe taxable value of class l and class 2 is included in the taxable value totals For lnformation Purposes Only 2021 taxable value of centrally assessed property having a market value of 51 million or more, which has transferred to a different ownership in compliance with 15-10-202(2), MCA. l. Value lncluded in "newly taxable" property 5 IS,+ZS ll. Total value exclusive of "newly taxable" property 580,1235 Note Special district resolutions must be delivered to the department by the first Thursday after the first Tuesday in September, O9/O9/2OZL. or within 30 calendar days after the date on this form 7-11-1025(8), MCA. The county clerk and recorder must provide mill levies for each taxing iurisdiction to the department by the second Monday in September, @lElryL or within 30 calendar days after the date on this form 15-10- 30s(1Xa), MCA. MONTANA Form AB-727 Rev. 7 -2L 3,507,723 118 MONTANA REVENUE 1. 2021 Total Market Valuel.... 2. 2021 Total Taxable Va1ue2......... 3. 2021 Taxable Value of NewlyTaxable Property.......,....... 4. 2021 Taxable Value less lncremental Taxable Value3...... 5. 2021 Taxable Value of Net and Gross Proceedsa (Class 1 and Class 2)................ 6. TIF Districts Tax lncrement Current Taxable District Name value2 2021 Certified Taxable Valuation lnformation (15-10-202, MCA) Gallatin CountY BOZEMAN (CITY) PLANNING DISTRICT Certified values are now available online at property.mt.Eov/cov MONTANA Form AB-727 Rev.7-21 5 70,724,564,866 s 166,838,141 5 5,286,518 S 155,352,503 s Base Taxable Value lncremental Value 9,222,257 1,328,695 7 ,893,s62 NORTH EAST URBAN REN L,O59,422 423,0s4 535,368 BOZEMAN MIDTOWNUF 6,097,6L6 3,507,723 2,s89,893 NORTH PARK URBAN REI 298,082 244,332 53,750 SOUTH BOZEMAN TECHI 56,821 56,410 YARD POLE URBAN RENI 't,397,71L 1,137,056 255,655 Total lncremental Value S 11,485,638 Preparer Terri Smith lMarket value does not include class l and class 2 value 2Taxable value is calculated after abatements have been applied 3This value is the taxable value less total incremental value of all tax increment financing districts aThe taxable value of class 1 and class 2 is included in the taxable value totals Fo. lnformation Purposes Only 2021 taxable value of centrally assessed property having a market value of 51 million or more, which has transferred to a different ownership in compliance with 15-10-202(2), MCA. l. Value lncluded in "newly taxable" property 5 T,qZS ll. Total value exclusive of "newly taxable" property s80,123S Note Special district resolutions must be delivered to the department by the first Thursday after the first Tuesday in September, 09/09/2021, or within 30 calendar days after the date on this form 7-11-1025(8), MCA. The county clerk and recorder must provide mill levies for each taxinp iurisdiction to the department by the second Monday in September, 09/13/2021. or within 30 calendar days after the date on this form 15-10- 30s(1)(a ), McA. Depodmenl ol BOZEMAN DOWNTOWN 477 Date 7 /29/2021 119 Bozeman Taxable Values HistoryTax Yr 2021Tax Yr 2020 Tax Yr 2019 Tax Yr 2018 Tax Yr 2017 Tax Yr 2016FY22FY21 FY20 FY19 FY18 FY17Total Market Value  $     10,725,564,866   $       8,875,762,356  $       8,596,253,775   $       6,981,943,409   $       6,745,351,312   $       5,870,738,906 Change in Total Market Value 20.8% 3.3% 23.1% 3.5% 14.9% 3.0%City ‐ Gross Dollars of Taxable Value              166,838,141               137,983,427                133,582,036                109,713,782                106,224,806                  93,669,761   Less:  Downtown TIF Taxable Value                   7,893,562                    6,247,663                     5,987,410                     4,159,996                     3,769,917                     3,068,902   Less:  Northeast TIF Taxable Value                      636,368                       477,252                        457,274                        229,047                        223,765                        193,281   Less: Midtown TIF Taxable Value                   2,589,893                    1,707,571                     1,714,155                        982,574                        948,716                     1,003,546   Less:  Mandeville Farm TIF Taxable Value                                 ‐                                    ‐                                     ‐                                     ‐                            87,633                          78,606   Less: North Park Urban TIF Taxable Value                        53,750                         13,824                                   ‐                            20,749                                   ‐                                     ‐     Less:  South Bozeman Tech TIF Taxable Value                        56,410                                  ‐                                     ‐                                     ‐                                     ‐                                     ‐     Less:  Yard Pole TIF Taxable Value                      255,655   Less:  Total of TIF's  Taxable Value                11,485,638                   8,446,310                    8,158,839                    5,392,366                    5,030,031                    4,344,335 City ‐ Net Dollars of Taxable Value $           155,352,503  $           129,537,117   $           125,423,197   $           104,321,416   $           101,194,775   $             89,325,426 Tax Dollars Generated from 1 Mill:  $                   155,353  $                   129,537   $                   125,423   $                   104,321   $                   101,195  $                     89,325 Change in Taxable Value from Previous Year Tax Yr 2020 Tax Yr 2019 Tax Yr 2018 Tax Yr 2017 Tax Yr 2016 FY21 FY20 FY19 FY18 FY17City ‐ Gross % 20.9% 3.3% 21.8% 3.3% 13.4% 3.2%  Downtown TIF26.3%4.3% 43.9% 10.3% 22.8% 5.9%  Northeast TIF33.3%4.4% 99.6% 2.4% 15.8% ‐9.9%  Midtown TIF51.7%‐0.4% 74.5% 3.6% ‐5.5% ‐4.9%  Mandeville Farm TIF0.0%0.0% 0.0% ‐100.0% 11.5% 42.4%North Park Urban TIF100.0%100.0% 100.0% 100.0%  South Bozeman Tech TIF100.0%‐‐‐‐‐  Yard Pole TIF100.0%City ‐ Net % 19.9% 3.3% 20.2% 3.1% 13.3% 3.2%Change28,854,714$             4,401,391$                 23,868,254$              3,488,976$                 12,555,045$              2,881,964$                Change in TIFs3,039,328                  287,471                      2,766,473                   362,335                      685,696                      120,718                     Change in Net25,815,386$             4,113,920$                 21,101,781$              3,126,641$                 11,869,349$              2,761,246$                TIF's combined growth as a % of Total Growth10.5%6.5% 11.6% 10.4% 5.5% 4.2% City Newly Taxable Property                   5,286,578                    4,397,169                     4,685,485                     3,707,744                     3,393,650                     3,279,600 % of prior year120%94% 126% 109% 103% 72%% Newly Taxable increase from prior year4.1%3.5% 4.5% 3.7% 3.8% 3.8% 120 FISCAL YEAR **FY18 FY19  **FY20  FY21   **FY22  **Estimated FY22  Adopted MILL VALUE (net of TIFD's) 101,195$            104,321$            125,423$            129,537$              155,353$         143,099$                      PERCENTAGE CHANGE 13.3% 3.1% 20.2% 3.3%19.9%10.6% GENERAL FUND: All‐Purpose 134.39 139.69 124.79 106.18 98.66 107.10 SPECIAL REVENUE: City Planning 2.00 2.00                     2.00                     2.00                       2.00                  2.00 Health/Med Insurance 24.48 25.44                   22.45                   21.37                     17.66                19.17 Fire Capital & Equipment 4.00 4.00                     4.00                     4.00                       4.00                  4.00 Transfer to Stormwater ‐ Landfill Project 1.38 0.71                     0.71                     0.77                       1.25                  1.36 Transfer to Landfill Closure ‐ Monitoring 3.67 2.38                     2.87                     2.41                       2.32                  2.51 Senior Transportation 1.00 1.00                     1.00                     1.00                       1.00                  1.00 Community Housing 3.00 3.00                     5.00                     3.00                       5.00                  5.00 TOTAL SPECIAL REVENUE 39.53 38.53                   38.03                   34.55                     33.23                35.04 DEBT SERVICE:  BPSC GO Bonds ‐                       ‐                       14.87                   18.31                     15.27                16.57 Park & Trail G.O.Bonds 10.68 10.38                   8.58                     8.31                       6.96                  7.56 Library G.O. Bonds 2.73 2.64                     2.20                     2.13                       ‐                     0.00 TOTAL DEBT SERVICE 13.41 13.02 25.65 28.75 22.23 24.13 Total Levied 187.33 191.24                188.47                169.48                   154.12               166.27                           Percentage Change in Mills ‐8.8% 1.9% ‐1.5% ‐9.9% ‐9.1% ‐1.7% Property Taxes Levied 18,956,859$      19,950,675$      23,637,938$      21,953,931$         23,943,153$     23,793,072$                Percentage Change in Dollars 3.4% 5.2% 18.5% ‐7.1%9.1%8.5%  These funds are being combined into the All Purpose Levy.  They are all subject to MCA 15‐10‐420. General Fund Reduction 907,719$            718,772$            94,015$              2,426,230$          1,655,519$       1,011,768$                   Capacity for future operations at BPSC  524,163$              310,706$          286,198$                      911 Mills (Resolution No. 3954) 910,755$            938,889$            1,128,807$         1,165,834$          1,398,177$       1,287,891$                   Total Authorized But Not Levied 1,818,474$        1,657,661$        1,222,822$        4,116,227$           3,364,402$       2,585,857$                    Number of Mills Not Levied 17.97                   15.89                   9.75                     31.78                     21.66                 18.07                             Maximum Levy Allowed 205.30                207.13                198.22                201.26                   175.78              184.34 ** Assessment Year of the two year cycle MILL LEVIES & MILL VALUES Tax Authority Authorized but Not Levied 121 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointments to the Zoning Commission MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint up to two members to the Zoning Commission with terms expiring November 30, 2021. 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:There are two vacancies on the Zoning Commission. The City Clerk’s Office has received one re-application and one new application. The Zoning Commission was re-created under Ordinance No. 1500, to establish procedures for the administration of the municipal zoning ordinance within the City limits. Resolution No. 3312 then established the membership of the Zoning Commission. According to Resolution No. 3312: The Zoning Commission shall consist of five members appointed by the City Commission. Members of the board shall serve two-year staggered terms. Persons of legal age may be appointed to the board. All members must be residents of the City of Bozeman. The Zoning Commission currently has one vacancy and two terms that expired on February 28, 2021. The City Clerk's Office has received two applications. 1. Three positions expiring February 28, 2023 | Qualifies: M. Genito, S. Thompson Applicants: Mark Genito Sam Thompson Zoning Commission appointments are City Commission appointments. 122 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 05-26-21 CAB Application - M. Genito, reapplicant.pdf 03-24-21 CAB Application - S. Thompson, new applicant.pdf Report compiled on: August 12, 2021 123 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Tuesday, May 25, 2021 9:14:55 PM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:05/25/2021 9:14 PM Response #:343 Submitter ID:38709 IP address:2600:6c67:5000:1402:3a:2a7f:5abc:31d6 Time to complete:15 min. , 2 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 124 First Name Mark Last Name Genito Physical Address 111 N Yellowstone Ave PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59718 Primary Phone (406) 600-1934 Additional Phone Not answered Current Occupation Product Developer Employer Mystery Ranch Email mark.genito@gmail.com Which position are you applying for? (○) Zoning Commission Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Zoning, 2-years Please explain your relevant qualifications, interests and experiences: I just completed my first 2-year term of service as a volunteer member of the Zoning Commission. In that time I've learned a lot about local government and the development process. I've recently received several training sessions from city staff that I believe would serve me well if given the opportunity to continue my position on the board. I think we currently have a strong and smart team of dedicated zoning commissioners and I'm interested in further developing my skills in attempt to be a valuable member of the commission. References: Please provide name, phone, and email contact information for two references. Reference 1 Nicole Olmstead: nicoleolmstead12@gmail.com Reference 2 Mark Egge 406-548-4488 125 mark@eateggs.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? I first learned about the board through the city website and from conversations with Mark Egge. Is there any other information that you feel we need to know? Not answered If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 126 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Wednesday, March 24, 2021 9:54:24 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:03/24/2021 9:54 AM Response #:335 Submitter ID:36364 IP address:2600:387:6:80f::67 Time to complete:37 min. , 9 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 127 First Name Sam Last Name Thompson Physical Address 3356 S 26th Ave PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59718 Primary Phone (406) 465-8093 Additional Phone Not answered Current Occupation Pilot Employer Horizon Air Email Thompson.samg@gmail.com Which position are you applying for? (○) Zoning Commission Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 6-10 years Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: Dear Commissioners, I am submitting this application to be considered for the vacancy on the Zoning Commission Citizen Advisory Board. As a Montana resident for 24 years, and Bozeman resident for 6 of those years, I am very passionate about the area we get to call home. After graduating from Montana State University with a degree in mechanical engineering, I relocated to the greater Seattle area to pursue a career. I worked as a reliability engineer for four years. It is over the course of this time where I grew to appreciate what a uniquely wonderful place Bozeman and the surrounding community truly are. After participating in what I can only characterize as ‘the rat race’ for a number of years, my wife and I decided we needed a change. It is at this time when I decided to pursue a career change that would more easily allow us to move back to the place we loved so much, Montana. Over the course of the next year I put all my time and energy into pursuing what was previously only a hobby of mine, flying, with the goal to become a professional pilot. One year later I was fortunate enough to be hired by an airline, my current employer, which allowed us to achieve one of our goals of moving back to Montana. Upon returning to Bozeman, it was remarkable to see the growth which the city experienced over the course of a short five years away. And perhaps the even more remarkable thing to see, was that the growth 128 was all very much inline with the Bozeman we have all grown to know and love. I believe one thing which really sets Bozeman apart from other small towns is the thoughtfulness that goes into every aspect of the city’s design and planning. From visually appealing box stores, to high standards for developments and interconnectedness, Bozeman has demonstrated how to responsibly grow from a small, rural agricultural town to the thriving city it is today. My goal is help continue this trend by participating in the public process to serve the growing needs of our community. Since relocating here two years ago, my interest in the happenings of the city government have piqued. I find myself regularly tuning in to City Commission meetings, reading up on the latest community development projects, or pouring through the many public comments received by the city. I have also become well acquainted with the Bozeman Municipal Code zoning regulations and Bozeman’s 2020 Growth Policy. As a member of a citizen advisory board I would continue to familiarize myself with Bozeman’s guiding documents while also utilizing the knowledge base of our wonderful city staff in order to make well informed recommendations. I happened to be in the right place at the right time, and am fortunate to have purchased a home in Bozeman prior to the housing market increases we have seen as a result of COVID-19; however, I just as easily could not have been, and this is where many Bozeman residents find themselves today. With this in mind, my goal is to help keep Bozeman on it’s trajectory of maintaining the high quality of life we all enjoy here, while incorporating this into the community’s need for growth. I believe I can be an asset to provide thoughtful input on future zoning amendments and additions through volunteering as a member on a citizen advisory board, the Zoning Commission. Thank you for your consideration. Sincerely, Sam Thompson 3356 S 26th Ave Bozeman, MT 59718 References: Please provide name, phone, and email contact information for two references. Reference 1 Joe Trudgeon 406-539-3602 joetrudgeon@gmail.com Reference 2 Scott Myers 406-599-4794 captainscottmyers@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? City Website Is there any other information that you feel we need to know? Not answered 129 If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 130 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Selection of a City Commission Representative to the Gallatin Local Water Quality District MEETING DATE:August 24, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint Mayor Cynthia L. Andrus to the Gallatin Local Water Quality District with a term expiring January 1, 2023. 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 City Commission representative position on the Gallatin Local Water Quality District Board is vacant. The Gallatin Local Water Quality District was created by Resolution No. 1995- 55 of the Gallatin County Commission, and approved by the Montana Board of Environmental Review in 1997. The focus of the Gallatin Local Water Quality District is water resources education and water quality monitoring for increased awareness of water-related issues and public health. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Report compiled on: August 16, 2021 131