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09-28-21 City Commission Meeting Agenda and Packet Materials
A.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: March 2, 2020 March 18, 2020 August 3, 2021 August 10, 2021 August 17, 2021 August 24, 2021 September 14, 2021(Maas) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, September 28, 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=e0aa5ffaee1aa18aace37ac56960ce9d5 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: 2552 872 9045 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 Authorize the City Manager to Sign a Release and Reconveyance of Easements Releasing a Utility Easement to Village Investment Group, Inc. for The Parklands at Village Downtown File Plat (21167)(Nielsen) G.3 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale) G.4 Authorize the City Manager to Sign a Professional Service Agreement with Olympus Technical Service Inc. for Oil Sand Interceptor Maintenance at City Properties(Gray) G.5 Authorize the City Manager to Sign a Professional Service Agreement with Tri-County Heating and Cooling for HVAC Maintenance Services at City Properties(Gray) G.6 Authorize the City Manager to Sign a Master Services Agreement with DocuSign for City- Wide Use(Maas) G.7 Ordinance 2083 Final Adoption of the 2021 NE Corner Davis Lane & Westlake Road Zone Map Amendment, Located at the Northeast Corner of the Intersection of Westlake Road and Davis Lane, to the South of Interstate 90, for 17.197 Acres to be Given Initial Zoning of R-5 Residential Mixed Use High Density District, Application 21186(Saunders) G.8 Ordinance 2086 Final Adoption of the University Crossing Apartments 2021 Zone Map Amendment, Giving an Initial Designation of B-2, Community Business District, on 10,247 Square Feet at 2025 Kagy Blvd in Association with Annexation, Application 2152(Saunders) G.9 Ordinance 2087 Final Adoption of the Stockyard Properties Zone Map Amendment to Amend Zoning on 15.28 Acres from R-4 Residential High Density and B-1 Neighborhood Business District to REMU Residential Emphasis Mixed Use and B-2M Community Business District - Mixed at the Intersection of Griffin Drive and Story Mill Road, Application 21102(Saunders) 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.Mayoral Proclamation I.1 Mayoral Proclamation Proclaiming Good Neighbor Day(Andrus) J.Special Presentation 2 J.1 Fire Department Annual Report (Waldo) K.Action Items K.1 424 N. Ida Avenue NCOA with Deviations Request, Application 21258 (Quasi- judicial)(Rosenberg) L.FYI / Discussion M.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: March 2, 2020 March 18, 2020 August 3, 2021 August 10, 2021 August 17, 2021 August 24, 2021 September 14, 2021 MEETING DATE:September 28, 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: 03-02-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 03-18-20 FINAL MINUTES City Commission Emergency Meeting of Bozeman, Montana.pdf 08-03-21 FINAL MINUTES City Commission Minutes.pdf 08-10-21 FINAL MINUTES City Commission Minutes.pdf 08-17-21 FINAL MINUTES City Commission Minutes.pdf 08-24-21 FINAL MINUTES City Commission Meeting Minutes.pdf 09-14-21 FINAL MINUTES City Commission Minutes.pdf Report compiled on: September 16, 2021 5 Page 1 of 14 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 02, 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. 05:00:30 PM (00:26:13) Call to Order – 5:00 PM - Commission Room, City Hall, 121 North Rouse B. 05:00:48 PM (00:26:30) Pledge of Allegiance and a Moment of Silence C. 05:01:43 PM (00:27:26) Changes to the Agenda D. 05:02:24 PM (00:28:06) FYI CM Pomeroy provided a liaison report from Board of Health on Coronavirus. Mayor Mehl provided an update on the PCC meeting tomorrow at the County Courthouse. He also provided an update on the upcoming early start meeting in Executive Session to determine finalist. E. 05:05:18 PM (00:31:01) Commission Disclosures There were no disclosures. F. 05:05:20 PM (00:31:03) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 6 Bozeman City Commission Meeting, March 2, 2020 Page 2 of 14 2. Authorize the Interim City Manager to Sign a Public Use Easement and Right-of-way Documents with 414 Holdings, LLC for Improvements to West Babcock Street Between 15th and 19th Avenues (CIP Project SIF118) (Kohtz) 3. Authorize the Interim City Manager to Sign Amendment Number 1 to the City Street Light Evaluation Professional Services Agreement with Clanton and Associates to Facilitate Improvements to City Street Lights (Gamradt) 4. Resolution 5151, Supporting the Application to the Big Sky Economic Development Trust Fund Program, Administered by the Montana Department of Commerce, on Behalf of MeatEater, Inc (Fontenot) 5. Authorize the Interim City Manager to Sign a Release and Reconveyance of Easements with Revesco (USA) Properties of Bozeman, LP Vacating a Water Pipeline and Access Easement and Agreement for the Gallatin Center Lot 12 Project (Nielsen) 6. Authorize the Interim City Manager to Sign a City of Bozeman Conditional Irrevocable Offer of Dedication with Straightaway Bozeman Investors, LLC for Infrastructure Improvements for the AC Hotel Project (19078) on the Northeast Corner of Mendenhall Street and Tracy Avenue (Nielsen) 05:05:21 PM (00:31:04) City Manager Introduction ICM Taylor provided the highlights of the consent agenda. 05:06:02 PM (00:31:45) Public Comment There were no public comments on the Consent Agenda. 05:06:13 PM (00:31:56) Motion and Vote I move to approve Consent Items 1-6 as submitted. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve G. 05:06:40 PM (00:32:23) Public Comment Mayor Mehl opened general public comments. 7 Bozeman City Commission Meeting, March 2, 2020 Page 3 of 14 05:08:39 PM (00:34:21) John Kauffman, Public Comment Mr. Kauffman represents downtown business owners and comments on the AC Hotel proposal providing no new parking spaces. Mr. Kauffman presented a timeline of events related to parking applications for the AC Hotel. 05:12:34 PM (00:38:16) Susan Riggs, Public Comment Ms. Riggs offered comment in favor of the Downtown Parking Management Zone and Parking Benefit Zones. She urged the Commission to ensure that excess revenues remain in the zones. H. 05:13:55 PM (00:39:37) Special Presentation 1. 05:14:04 PM (00:39:47) Gallatin College (Gray) Dean Stephanie Gray, and Rebecca Kriegel presented an overview of the College’s 10 year history. Ms. Gray highlighted job placement rates and the benefits to the community. She highlighted student enrollment, dual enrollment, and workforce students. She highlighted the locations, workforce programs, current and future activities. Ms. Kriegel detailed her experiences with Gallatin College and how it has benefited her personally and set her up for future professional success. 05:21:33 PM (00:47:16) Questions of Presenters I. 05:29:34 PM (00:55:17) Action Items 1. 05:29:42 PM (00:55:25) Provisional Adoption of Ordinance 2033 Establishing a Downtown Parking Management District (DPMD) and Parking Benefit Zones (PBZ) and Authorizing the Bozeman Parking Commission to Create, Dissolve, and Operate Parking Benefits Zones Within the Downtown Parking Management District and Parking Benefit District: Staff Responses to City Commission from the February 3, 2020, City Commission Meeting (Meece) 05:30:26 PM (00:56:08) Staff Presentation Parking Manager Ed Meece, Economic Development Director Brit Fontenot, and Urban Renewal Project Manager David Fine presented the staff modifications responsive to the City Commission and public comments during the initial presentation before the Commission on February 3, 2020. Mr. Meece highlighted an overview of the Downtown Parking Management District, Parking Benefit Zones, and changes from the initial presentation of the Ordinance. 05:36:09 PM (01:01:52) Questions of Staff DM Andrus stated she had no new questions. Cr. Wallner stated he had no new questions. Cr. Pomeroy stated she had no new questions. Cr. Cunningham asked for clarification on the proposed changes deleting time restrictions from the 8 Bozeman City Commission Meeting, March 2, 2020 Page 4 of 14 Ordinance. He asked for clarification on the proposed changes from permitting drivers to dwellings. He asked for clarification on the boundaries of the current B-3 district and the proposed boundaries of the DPMD. He asked for clarification on the proposal as it relates to apartments. Mayor Mehl asked about the procedural steps and difference between the DPMD and a PBZ. He asked about the process for creating a PBZ. He asked about the differences in noticing periods between the Ordinance the Parking Commission (PC) draft Resolution. He asked about the City initiated process and the protest of the PC decision. Cr. Cunningham asked for clarification on the trigger for a proposed PBZ. He asked about the data collection ability to judge why a vehicle is parked in a proposed PBZ. He asked about current data for parking demands. Mayor Mehl asked about a comparison with the High School and MSU Parking Districts process for modifications. He asked if the City has the tools in place to enforce a PBZ. He asked about how visitors will be handled. He asked about future potential apartment developments. He asked about the exclusion of mixed use buildings. He asked about how the parking management areas around the High School and MSU operate. He asked about the fees’ use in enforcement of the PBZ. DM Andrus asked for clarification for the calculation of the 85% threshold. She asked about public comments that state there is not a parking problem in the DPMD. Cr. Wallner asked about which other communities that are using PBZs. He asked if it was feasible to charge for commuter passes only and not charge for resident permits. Cr. Cunningham asked if by creating the DPMD is inviting people to park in the District. He asked about a commuter lot as identified in the Downtown Plan. Mayor Mehl asked if there would be a demand for a commuter option if they could park for free. DM Andrus asked if the City Commission could grant the authority for the PC to actively manage all parking in the City. 06:19:37 PM (01:45:20) Public Comment The Mayor reopened Public Comment. 06:20:20 PM (01:46:03) Mike Hope, Public Comment Mr. Hope stated that parking is a good problem to have. He stated that it is a misnomer to claim the parking is free; it is already paid for through property taxes. He stated the parking policy is broken and that it should be addressed before creating districts. He compared it to the big box task force that previously existed and suggested a similar group to define a parking policy. 06:23:44 PM (01:49:27) Christopher Hites, Public Comment Mr. Hites opposed the proposal to limit of permits to two per dwelling. 06:25:55 PM (01:51:37) Kelly Pohl, Public Comment Ms. Pohl supports the Ordinance and staff’s amendments. She believes this will be another tool help manage parking. She supports the grant of authority of the PC to create hours. She stated this tool would help prioritize resident parking and help mitigate spill over parking. 9 Bozeman City Commission Meeting, March 2, 2020 Page 5 of 14 06:27:32 PM (01:53:15) Bee Bowman, Public Comment Ms. Bowman opposed the creation of PBZs with the question of benefit for whom. She stated these zones will disproportionally affect renters and lower-middle class citizens. 06:28:54 PM (01:54:37) Mayor Comments Mayor Mehl commented on the decorum of the audience. 06:29:11 PM (01:54:54) Sue Sensor, Public Comment Ms. Sensor commented on the open-ended hours in the proposed Ordinance, holidays, and the number of visitor passes people will be entitled to. 06:30:48 PM (01:56:31) Zack Keskinan, Public Comment Mr. Keskinan commented about the 2017 Downtown Parking study and asked why the necessity to create a district given the findings of that study that found it nearly never reach the 85% threshold. 06:31:41 PM (01:57:24) Betsy Hopper, Public Comment Ms. Hopper spoke on behalf of herself and Hannah Marshall, in opposition to the Ordinance and its limits restricting permits per building as disproportionately affect lower income. She stated that this Ordinance will target lower cost buildings that do not provide their own garage. She asked about the 85% threshold and when those thresholds are calculated. She asked for additional interaction with multimodal transportation. 06:34:38 PM (02:00:21) Jacob Hardigree, Public Comment Mr. Hardigree spoke on behalf of his employees at Open Range that cannot afford to live in the district. He stated more financial hurdles in front of working people, the less working people downtown will have, and downtown will suffer. 06:35:25 PM (02:01:08) Greta Hitner, Public Comment Ms. Hitner spoke about the proposal to protect parking on her street. She stated she did not hear an option for residents to have a voice in the process of creating a PBZ. 06:36:27 PM (02:02:10) Stuart Mitchell, Public Comment Mr. Mitchell spoke on decorum questions and the frustration of citizens with previous Commissions. He stated that if it benefited residents in the R-2 district adjoining the B-3 district more people would be in support of it. He stated that as it is proposed the residents are paying for the parking for developers’ projects that have insufficient parking. He highlighted recent projects and provided his recommendation to eliminate the option for B-3 residents to purchase a permit in the neighborhood. 06:40:29 PM (02:06:12) Mayor Comments Mayor Mehl commented on the decorum requirements of the audience. 06:41:44 PM (02:07:27) Bill Mulkell, Public Comment 10 Bozeman City Commission Meeting, March 2, 2020 Page 6 of 14 Mr. Mulkell commented on the pattern of supporting incoming developers creating this problem. He wants to keep the authority with the City Commission. He spoke of the cascading effect of PBZs pushing parking and the lack of off-street parking for some neighbors. He asked about enforcement and difficulty finding parking near his residence. 06:44:59 PM (02:10:42) Jordan Duke, Public Comment Mr. Duke opposes the two permit restriction as him and his roommates could not afford a commuter pass. He stated it is unfair the parking problem is becoming his to pay for. 06:45:55 PM (02:11:38) Ashley Ogle, Public Comment Ms. Ogle commented that the problems lie with the parking garage and the other assets in the core. She stated that she would like to see the core assets managed better to relieve overflow. She stated she would like to see additional parking in the core. 06:48:00 PM (02:13:43) Jerry Pape, Public Comment Mr. Pape commented on the history of parking management. He stated the Board needs constituent recognition training. He stated that a very few number of people appear to benefiting. He stated that we need to build additional parking structures. 06:51:14 PM (02:16:57) Kevin Bernard, Public Comment Mr. Bernard stated that residents and commuters pay to park in the spaces they are currently parking in. He stated that nothing will change in relation to parking. He stated that the Ordinance will create additional burdens for residents. He stated that this is about money and that parking will still be hard to find. He stated this will be a tax for a problem that the residents did not cause. He proposed being taxed directly. He offered a proposal of two-hour permit from 9 – 5 and residents should be exempt. He stated the added inconvenience of managing visitor permits. 06:54:36 PM (02:20:19) Evan Center, Public Comment Ms. Center stated gathering license plates of clients may be a HIPAA violation. She outlined the process andthe difficulty in developing their house to comply with downtown parking requirements. She commented on the burden of managing her Air BnB. She commented on the previous payments for parking in the downtown. 06:57:17 PM (02:23:00) Shane Lutey, Public Comment Mr. Lutey stated he does not feel he has a voice in this town. He commented on the swarms of traffic circling his block to park to go to Dave’s Sushi. He commented on the Merin Building and how he opposed it to no effect. He said he will not be able to park in front of his house no matter what the City attempts to manage parking. He does not see how this Ordinance will help 07:00:28 PM (02:26:11) Erin, Public Comment She commented on the increase in rents due to outside of development. She said that she thinks this measure adds insult to injury and indicates an interest in outside development over working class 11 Bozeman City Commission Meeting, March 2, 2020 Page 7 of 14 families. 07:01:18 PM (02:27:01) Emily Talago, Public Comment Ms. Talago commented that mid-town residents formally created a neighborhood council and has participated in her first INC meeting. She advocated additional outreach to increase participation. She advocated meeting people where they are at. She spoke to the moratorium of large retailers during the era of the Big Box Task Force as precedent. 07:04:32 PM (02:30:15) Mark Bosabrook, Public Comment Mr. Bosabrook stated he is not sure if he will be in the district but he will be affected by it. He commented on the additional parking concerns created by Longfellow Elementary, Music on Main, Sweet Pea, and Farmer’s Market. He commented that a better effort would be to work on a new parking structure to create more spaces downtown. 07:05:43 PM (02:31:26) David Losoff, Public Comment Mr. Losoff commented on inadequate supply of spaces as the symptom and not the cause. He commented on approval of developments that do not provide adequate parking. He commented on transferability of permits and that is exactly what is occurring in the parking garage. 07:09:00 PM (02:34:43) Brian Gallik, Public Comment Mr. Gallik represents a number of downtown business owners. He stated that he cannot speak any better than the previous speakers. He commented on the application of the AC Hotel and its zero parking spaces approved by the Community Development Director. He commented on the delegation of authority to unelected officials without designated standards that are not accountable to the residents. 07:12:47 PM (02:38:30) Emma Bode, Public Comment Ms. Bode commented on her efforts for sustainability. She said that a lot of commuters are doing so due to a lack of options. She advocated for multimodal transportation. She wondered if fees from parking could go towards a rapid transit system. 07:14:50 PM (02:40:32) Dale Pickard, Public Comment Mr. Pickard commented on the origins of this ideology from outside of the community. He said the reason that people feel they are not being listened to because they are not. He spoke to the idea of developers and off-street parking as a method to increase the parking bureaucracy. 07:18:04 PM (02:43:47) Brian Leeland, Public Comment Mr. Leeland stated he attended the last Parking Commission meeting and reported on a consultant from Seattle’s opinion that parking districts do not pay for themselves. He commented on the ticketing not going to the financing of the district. He stated his opinion that it works as a cash cow for the City and does not benefit the residents. He said parking permits are onerous on the residents. 07:20:12 PM (02:45:55) Laura Dalton, Public Comment 12 Bozeman City Commission Meeting, March 2, 2020 Page 8 of 14 Ms. Dalton said she came to get more information on the topic. She said we have a severe parking problem coming and this proposal is a solution to a different problem. She said that we lack the infrastructure to deal with the amount of development we are facing. She said the problem can be solved through adding more parking and increasing public transportation rather than this approach that merely pushes the problem down the road. 07:22:58 PM (02:48:41) Joshua Cates, Public Comment Mr. Cates stated he lives and works downtown so parking is not an issue for him; it is a problem for people he works with. 07:24:41 PM (02:50:24) Doug Wales, Public Comment Mr. Wales commented on the effect of full parking limiting the flow of traffic during the winter on our roads like Lamme Street. He commented on the additional parking pressure from large developments. He commented on the need to address the one-way streets downtown. He said entering license plates into the system is disturbing. 07:26:36 PM (02:52:19) Glenn Close, Public Comment Ms. Close commented that communities often listen to the money. She said she longs for leaders that think of communities before development. Not just listen but honor and make decisions that will keep the neighborhoods special. 07:28:54 PM (02:54:37) Recess Mayor Mehl called the meeting into recess until 7:40 07:41:25 PM (03:07:08) Call to Order Mayor Mehl called the meeting back to order. 07:42:12 PM (03:07:54) Response of Staff Mr. Meece responded to public comments. He stated that the parking garage permit system is oversold as is industry practice; we do not currently have a waitlist for the garage permits. During his time the data has shown that the garage has only been full on a few occasions during large events. 07:43:45 PM (03:09:27) Questions of Staff Mayor Mehl asked about when the 85% data will be collected. He asked about handicapped parking and the potential of exemptions. He asked about the use of money from fines. DM Andrus asked about permitting buildings to be built with no provided parking. She asked for clarification on the Code’s requirement for on-site provision of parking. 07:49:48 PM (03:15:31) Meeting suspended Mayor Mehl suspended the meeting due to outbursts from the audience. 07:56:03 PM (03:21:46) Return to Order 13 Bozeman City Commission Meeting, March 2, 2020 Page 9 of 14 Mayor Mehl called the meeting back to order 07:56:26 PM (03:22:09) Motion I move to provisionally adopt Ordinance 2033 establishing a Downtown Parking Management District and Parking Benefit Zones, and authorize the Bozeman Parking Commission to create, modify, dissolve, and operate Parking Benefit Zones within the Downtown Parking Management District. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd 07:56:54 PM (03:22:36)Discussion Cr. Cunningham provided a draft amendment to the motion to provide a 60% protest threshold of the total properties within a proposed PBZ. The protest process includes a mailing to property owners, a timetable for the protest period, and a timeframe that the creation, dissolution, or modification will be prohibited as a result of the protest. 08:00:38 PM (03:26:21) Clarification on the Amendment 08:05:29 PM (03:31:12) Move to amend Ordinance 2033 to include a protest provision as indicated. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:06:03 PM (03:31:46) Discussion Cr. Cunningham stated his amendment is an attempt to remove excess uncertainty from the proposed Ordinance. DM Andrus stated her support for the amendment. She spoke on the past practices of the Parking Commission and that this amendment gives voice to the neighborhood. Cr. Pomeroy stated she will not support the amendment. Mayor Mehl stated he will support the amendment for the extension of notice and providing recourse to the public. 08:11:38 PM (03:37:21) Vote on the Motion to amend Ord 2033 to include a protest provision as indicated. The amendment passed 3-2. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve 14 Bozeman City Commission Meeting, March 2, 2020 Page 10 of 14 Commissioner - Michael Wallner: Disapprove 08:11:48 PM (03:37:31) Discussion on the Original Motion Continued DM Andrus spoke to the public comments about not feeling heard. She spoke to the representation of the community on the Parking Commission. She spoke to the authority and history of the Parking Commission. She spoke on the need for better communication related to the PBZs. She spoke to the origin of the Downtown Parking Management District and PBZs for the City. She spoke to developments and their requirements to meet the Code. She spoke on parking as an asset with a value. She spoke to the role of Downtown Parking Management District as part of a larger system. She spoke to the priorities within BPZs. She spoke of the District in comparison to the residential permit districts. She spoke to the concerns of the public commenters and the nature of shared parking as a community asset. Cr. Wallner spoke to his obligations in determining policies for the community. He will not support the Ordinance because it passes the issue down the road. He said this is another fee on citizens that are already struggling financially. He spoke to the complexity of parking as a policy issue. He stated his opinion that the policy was created to benefit residents. Cr. Pomeroy stated that she did not think this Ordinance is the solution. She stated that making it harder to park is not the solution. She spoke to the financial burdens of City residents. Cr. Cunningham spoke to the input from the community. He spoke to the difficulties associated with growth. He spoke of parking as a resource of increasing scarcity. He spoke to the need for the amendment to return the voice of the resident to the decision. He spoke to the Parking Management Plan as a series of solutions and that this Ordinance is not the silver bullet. Mayor Mehl spoke to the community input. He spoke to the process that created the Downtown Strategic Plan for Downtown and the Downtown Strategic Plan that informed the creation of this policy. He stated his support of the Ordinance as a tool to help manage future concerns. He spoke to the benefits of BPZs and the utilization of fees and fines. 08:57:30 PM (04:23:13) Vote on the motion I move to provisionally adopt Ordinance 2033 establishing a Downtown Parking Management District and Parking Benefit Zones, and authorize the Bozeman Parking Commission to create, modify, dissolve, and operate Parking Benefit Zones within the Downtown Parking Management District. The motion passed 3-2. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 2. 08:57:57 PM (04:23:40) Application 19418, The Ellen Theater Signage Certificate of Appropriateness and Deviation Application to Allow for a Zoning Deviation for Exterior Signage, Specifically Cited from the Following Sections of the Bozeman Municipal Code (BMC): 15 Bozeman City Commission Meeting, March 2, 2020 Page 11 of 14 Section 38.560.060.A to Allow a Projecting Sign to be Greater than 12 Square Feet in Size (Quasi-judicial) (Garber) 08:58:45 PM (04:24:27) Presentation of Staff Planner Daniel Garber presented the application and staff report with one correction. She provided an overview of the property, the application, the applicable Code, the history of previously approved application, the current proposed deviation, previous iterations of a similar sign in multiple time periods, and the review criteria. She outlined the process, input from the community, and staff’s recommendation. She provided three alternatives for the Commission and conditions of approval. 09:12:27 PM (04:38:09) Questions of Staff Cr. Pomeroy asked for the difference between this application and that of the Rialto. She asked for clarification on the staff recommendation. Cr. Cunningham asked for clarification on what was previously approved and what is currently requested. He asked for clarification about the maximum sign size for the building. He asked for clarification on the historical period requirement and applicable criteria. DM Andrus asked what the applicant would need to do for approval. Mayor Mehl asked if this application would be deficient in other areas of town. He asked for staff’s perspective on what changed the design. He asked about the applicable criteria for the overlay district that the application did meet. He asked about the size of the sign. He asked about compatibility with historical features of the building. He asked about the potential light trespass. 09:29:39 PM (04:55:22) Presentation of Applicant Executive Director John Luden and Ole Nelson presented the history of the Ellen Theatre through a series of historic photos. He highlighted the changes through history and variations in the signage styles and size. Mr. Nelson spoke to the process that brought about the reapplication and redesign of the sign. He stated his disagreements with staff’s findings highlighting the modifications required for the similar application of the Rialto. Mr. Luden spoke to his opinion on the differences from the original application. Mr. Nelson spoke to the intent of signage even with a change literal presentation. 09:42:09 PM (05:07:51) Questions of Applicant Cr. Pomeroy asked if the applicant thinks the new sign is compatible with their neighbor. Cr. Cunningham asked about the previously approved application’s design. He asked about adjustments to the previously approved application from historic photos. He asked about the size of the reader board. He asked for the applicant’s argument for historic appropriateness. DM Andrus asked the purpose of the blade sign. She asked why not adjust the application to meet the requirements. She asked about projecting the blade sign above the reader board. She asked if people could not identify the Ellen as theatre. 09:53:34 PM (05:19:17) Meeting extended Mayor Mehl extended the meeting until 10:15 16 Bozeman City Commission Meeting, March 2, 2020 Page 12 of 14 09:53:39 PM (05:19:22) Public Comment Mayor Mehl opened this item for public comment. 09:53:52 PM (05:19:35) Gary Bates, Public Comment Mr. Bates commented on his work experience highlighting the National Parks and the historic structures. He spoke to the need of changing historic sites, structures, and buildings to meet modern code requirements. He stated his concern that historic preservation started too late. He commented on the ability to update historic buildings. 09:59:10 PM (05:24:53) Tom Stonecipher, Public Comment Mr. Stonecipher stated his appreciation of staff applying standards as outlined. He stated his opinion that the staff recommendation is a too narrow reading of the applicable criteria. He highlighted comments of the Secretary of Interior that supports the application. He stated this application enriches the history of the Ellen Theatre. 10:01:51 PM (05:27:34) Vito Quattro, Public Comment Mr. Quattro spoke to the exceptional efforts of Mr. Luden in his restoration of the Ellen Theatre. He said that the deviation would be an asset to the community. 10:03:18 PM (05:29:01) Clarification of Staff 10:03:57 PM (05:29:40) Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby find that application 19418 meets the criteria required for approval and move to approve the Ellen Theatre signage application for deviation request from Section 38.560.060.A of Bozeman Municipal code to allow for a projecting sign to be greater than 12 square feet in size, as shown within the application materials. Commissioner - Michael Wallner: Motion Commissioner - I-Ho Pomeroy: 2nd 10:04:25 PM (05:30:08) Discussion Mayor Mehl asked if Cr. Wallner intended to incorporate the conditions of approval. 10:05:09 PM (05:30:52) Request for Clarification from Staff Mayor Mehl asked for a clarification on an additional potential condition of approval. 10:05:32 PM (05:31:15) Request for Clarification from Applicant Mayor Mehl asked the applicant if they are okay with the conditions. 10:07:21 PM (05:33:04) Commission Clarification DM Andrus asked for clarification on the motion. 17 Bozeman City Commission Meeting, March 2, 2020 Page 13 of 14 Mayor Mehl asked about the addition of conditions to the motion. 10:08:35 PM (05:34:18) Discussion on the motion resumes Cr. Wallner makes findings in support of the application. Cr. Pomeroy agrees with Cr. Wallner and disagrees with staff’s findings. 10:10:19 PM (05:36:02) Meeting Extended Mayor Mehl extended the meeting until 10:30pm. 10:10:34 PM (05:36:16) Discussion Continued Cr. Cunningham said he was moved by the public comments and the applicant’s presentation to the importance of the blade sign making it more historic and therefore appropriate. DM Andrus said she will not be supporting the motion and agrees with the staff’s findings of mixed periods of history. Mayor Mehl stated the process of this application to supersede the previous application. He stated his disagreement with the “more historically appropriate” standard. He spoke to future steps through the sign permitting process. Mayor Mehl offered his findings with regard to the review criteria. 10:20:41 PM (05:46:23) Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby find that application 19418 meets the criteria required for approval and move to approve the Ellen Theatre signage application for deviation request from Section 38.560.060.A of Bozeman Municipal code to allow for a projecting sign to be greater than 12 square feet in size, as shown within the application materials. The motion passed 4-1. Commissioner - Michael Wallner: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 3. 10:20:58 PM (05:46:40) Appointments to the Midtown Urban Renewal Board (MURB) (Maas) 10:21:05 PM (05:46:48) Public Comment There were no public comments. 10:21:24 PM (05:47:07) Motion I move to appoint Valerie Wyman to a voting position appointed by the Mayor for the remainder of the term expiring January 31, 2022, and to reappoint Susan Fraser to a voting position appointed by the Mayor, term expiring January 31, 2024, on the Midtown Urban Renewal 18 Bozeman City Commission Meeting, March 2, 2020 Page 14 of 14 Board. 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 J. 10:22:27 PM (05:48:10) FYI/Discussion K. 10:22:47 PM (05:48:30) Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 28, 2021 19 Page 1 of 5 THE CITY COMMISSION EMERGENCY MEETING OF BOZEMAN, MONTANA MINUTES Wednesday, March 18, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Absent Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Absent Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A. 10:04:26 AM (00:09:39) Call to Order – 10:00 AM - Commission Room, City Hall, 121 North Rouse B. 10:04:37 AM (00:09:50) City Attorney Guidance C. 10:05:20 AM (00:10:33) Motion to allow Deputy Mayor Cyndy Andrus and Commission Michael Wallner to join the meeting telephonically. Motion passed 3-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Abstain Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Abstain Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present 20 Bozeman City Commission Emergency Meeting Agenda, March 18, 2020 Page 2 of 5 Commissioner - Michael Wallner: Present D. 10:05:44 AM (00:10:57) Clarification E. 10:06:01 AM (00:11:14) Pledge of Allegiance and a Moment of Silence 10:06:52 AM (00:12:05) Disclosure/FYI There were none. F. 10:07:10 AM (00:12:23) Public Comment There were no public comments. G. 10:07:25 AM (00:12:38) Action Items 1. 10:07:25 AM (00:12:38) Resolution 5159, Ratify the Interim City Manager’s Declaration of Emergency for Covid-19 Pandemic (Taylor) ICM Taylor outlined the Resolution and the history of the declaration. He outlined the steps taken by the City of Bozeman and Gallatin County. He outlined work with partners in joint actions, the County’s Health Department as lead agency as a matter of public health, and the City’s continuity of action plan for essential services. 10:12:33 AM (00:17:46) Clarification of City Attorney CA Sullivan clarified the need for findings to include the Governor and the President. 10:13:05 AM (00:18:18) Questions of Staff and Staff Responses The Commission asked a series of questions on the Incident Command Structure (ICS) and Fire Chief Waldo and ICM Taylor provided responses on how the City is implementing its portion of the ICS. 10:32:41 AM (00:37:54) Clarification of City Attorney CA Sullivan provided clarification of community services providing essential services. 10:33:23 AM (00:38:35) Public Comment There were no public comments on this item. 10:33:34 AM (00:38:47) Motion I move to ratify the Interim City Manager's Declaration of Emergency for Covid-19 Pandemic. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 21 Bozeman City Commission Emergency Meeting Agenda, March 18, 2020 Page 3 of 5 10:33:53 AM (00:39:06) Discussion 10:45:15 AM (00:50:28) Vote on the motion I move to ratify the Interim City Manager's Declaration of Emergency for Covid-19 Pandemic. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 2. 10:45:39 AM (00:50:52) Ordinance 2047, Adopt an Emergency Ordinance of the City of Bozeman Granting Temporary Authority to the City Manager to Approve Contracts and Expenditures in Furtherance of Emergency Declaration and Suspending State and Local Procurement Requirements (4/5 Vote Required) (Taylor) 10:46:07 AM (00:51:20) ICM Introduction ICM Taylor outlined the attempt to move to essential business for meetings, efforts to identify remote, telephonic communications. He highlighted the need to restrict future agendas. 10:47:08 AM (00:52:20) Clarification of City Attorney CA Sullivan clarified the Ordinance’s action to address uncertainty in furtherance of the Emergency Declaration. He stated that it expires in 90 days or when the declaration is revoked, whichever is earlier. 10:48:13 AM (00:53:26) Questions of Staff 10:50:57 AM (00:56:10) Clarification of City Attorney CA Sullivan outlined the difference between the previous action item’s resolution and the ordinance under consideration in this item. 10:52:18 AM (00:57:31) Questions Continued 10:53:27 AM (00:58:40) Public Comment There were no public comments on this item. 10:53:51 AM (00:59:04) Motion: I move to Adopt Ordinance 2047, an Emergency Ordinance of the City of Bozeman Granting Temporary Authority to the City Manager to Approve Contracts and Expenditures in Furtherance of Emergency Declaration and Suspending State and Local Procurement Requirements. 22 Bozeman City Commission Emergency Meeting Agenda, March 18, 2020 Page 4 of 5 Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd 10:54:15 AM (00:59:28) Discussion 10:59:43 AM (01:04:56) Vote on the motion: I move to Adopt Ordinance 2047, an Emergency Ordinance of the City of Bozeman Granting Temporary Authority to the City Manager to Approve Contracts and Expenditures in Furtherance of Emergency Declaration and Suspending State and Local Procurement Requirements. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 11:00:04 AM (01:05:17) FYI Cr. Cunningham asked about the process for City Manager recruitment. Mayor Mehl asked about opportunity to discuss the City Manager recruitment. DM Andrus stated that it may not be responsible to ask candidates to travel to Bozeman for recruitment, she would consider electronic interviewing but was mindful of issues related to that. She may be willing to delay the recruitment. Cr. Wallner agreed with DM Andrus that he was not opposed to a virtual interview. He agreed with the concern of requesting candidates to travel to Bozeman. Cr. Pomeroy stated her comfort with a virtual interview. Cr. Cunningham suggested scheduling a video interview with participation from the panelists. He recommended the video be shared to avoid multiple panels. Mayor Mehl said he would like to keep the April dates and will look to the ICM for further details. He thanked the citizens and encouraged them to offer creative suggestions. 11:09:26 AM (01:14:39) Adjournment ___________________________________ Cynthia L. Andrus Mayor 23 Bozeman City Commission Emergency Meeting Agenda, March 18, 2020 Page 5 of 5 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 28, 2021 24 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, August 3, 2021 Present: Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: Cyndy Andrus Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:04:14 Call to Order - 6:00 PM - WebEx Videoconference B) 00:08:41 Pledge of Allegiance and a Moment of Silence C) 00:09:17 Changes to the Agenda • There were no changes to the agenda. D) 00:09:29 Authorize Absence D.1 00:09:29 Authorize the Absence of Mayor Andrus 00:09:34 Motion to Authorize the Absence of Mayor Andrus. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:09:46 Vote on the Motion to Authorize the Absence of Mayor Andrus. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: 25 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 2 of 12 None E) 00:10:06 FYI • Cr. Madgic gave a recap of the Gallatin Regional Housing Study. • Cr. Coburn provided a reminder that Covid-19 cases continue to rise and free vaccines are still available with information on the Health Department's website; he reminded the public of the new CDC guidance to wear masks, regardless of vaccination status. • DM Cunningham stated the intent of the City Commission is to return to in-person meetings pending technology upgrades to the Commission room. • CM Mihelich provided an update on the status of the drought in the City. F) 00:14:23 Commission Disclosures • There were no disclosures. G) 00:14:37 Consent G.1 Accounts Payable Claims Review and Approval G.2 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of June 30, 2021 Depository Bonds & Securities 0621.doc G.3 Authorize the Mayor to Sign a Findings of Fact for the Bozeman Gateway Phase 4 Major Subdivision, Application 19436 19436 Findings of Fact.pdf G.4 Approve the Ten Lot Final Plat of the South University District Phase 3, 74.88 Acres at the South East Corner of Kagy Boulevard and S. 19th Avenue, Approve the Updated Final Park Plan, and Authorize the City Manager to Sign Easements for Storm Water, Public Street, and Public Access and Authorize the Director of Community Development to Sign an Improvements Agreement, Application 21241 2021-07-23_Final Plat(SH1-3).pdf 071321 Final SUD Improvements Agreement.pdf 8-2_Subdivision Improvements Agreement OPC Estimate_06-17-21.pdf 8-5_SUD Ph3 Phasing Plan_06-17-21.pdf Waiver of right to protest SIDs-Ph3_07-22-2021.pdf 01_SUDPh3Lt1Blk1_DrainageEasement_07-22-21.pdf 02_SUDPh3Lt2Blk1_DrainageEasement_07-22-21.pdf 03_SUDPh3Lt1Blk2_DrainageEasement_07-22-21.pdf 04_SUDPh3Lt2Blk2_DrainageEasement_07-22-21.pdf SUD PH3 Public Access Easement_07-20-21.pdf SUD_PH3_utility easement_All_07-22-2021.pdf 5.4-1_Phase 3 Block 1 covenants_7-22-21.pdf 5.4-2_Phase 3 Block 2 covenants_7-22-21.pdf 5.4-3_Phase 3 Block 3 covenants_7-22-21.pdf 5.4-4_Phase 3 Block 4 covenants_7-22-21.pdf 7-1_SUDMasterParkPlanDrawing_06-17-21.pdf 7-2_Park4Ph3Improvements_06-17-21.pdf G.5 Authorize the City Manager to Sign a Sewer and Access Easement and Agreement with Bridger Peaks Holding, LLC and Saccoccia Lands, LLC for the Bozeman East Mixed Use Phase 1 & 2 Project (19231) 26 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 3 of 12 Sewer and Access Easement and Agreement G.6 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with Charles Gensemer and Century Warehousing, Inc for the Griffin Drive and Manley Road Street and Stormwater Improvements Project Century Warehousing_Construction Permit.pdf Century Warehousing_ROW Agreement.pdf Gensemer_Construction Permit.pdf Gensemer_ROW Agreement.pdf G.7 Authorize the City Manager to Sign A Professional Services Agreement Between the City of Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown Business Improvement District for Fiscal Year 2022 CC Memo for COB-DBP PSA FY22 BID.docx DBP-COB PSA for Management of BID District--FY2022.pdf G.8 Authorize the City Manager to Sign A Professional Services Agreement Between the City of Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown Urban Renewal District for Fiscal Year 2022 CC Memo for COB-DBP PSA FY22 URD.docx DBP-COB PSA for Management of URD District--FY2022.pdf G.9 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Elkhorn Commissioning Group to Include Construction Commissioning for the Bozeman Public Safety Center First Amendment to Professional Services Agreement for Commissioning Services for the Bozeman Public Safety Center_20210803.pdf G.10 Resolution 5325 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 Exhibit A_Abandonment.pdf Resolution 5325 .docx G.11 Ordinance 2082 Provisional Adoption to Rezone 41.52 Acres in the Four Points Subdivision from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District, Application 21005 Ordinance 2082 Four Points ZMA No 21005.docx FourPoints2021ZMA_070221.pdf 00:14:45 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:15:47 Public Comment There were no public comments on the Consent Agenda. 00:18:02 Motion to approve Consent Items 1 -11 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:18:24 Vote on the Motion to approve Consent Items 1 -11 as submitted. The Motion carried 4 – 0. Approve: 27 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 4 of 12 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:18:45 Public Comment DM Cunningham opened general public comments. 00:20:37 Jerry Pape, Public Comment Jerry Pape commented on behalf of RTR Holdings to give thanks to the City for the hard work to get to final plat for the South University District. I) 00:24:04 Action Items I.1 00:24:08 Resolution 5268 Establishing Tree Maintenance District Assessments for FY2022 Resolution 5268 Tree Mtc Assessments FY22.docx 00:24:52 Staff Presentation Finance Director Kristin Donald presented the Tree Maintenance District assessment for fiscal year 2022. 00:25:59 Questions of Staff 00:28:42 Public Comment DM Cunningham opened this item for public comments. 00:29:47 Emily Talago, Public Commet Emily Talago commented on her own behalf regarding the amount of work to maintain our urban forest. She commented on the assessment cap and that she would like to see it removed. 00:32:41 Jay Pape, Public Comment Jay Pape commented on the assessment cap and asked how the assessment applies to large high-rise buildings. He commented on the increase of taxes over the last 21 years. 00:36:36 Additional Questions of Staff 00:38:03 Motion to Adopt Commission Resolution No. 5268 establishing a Tree Maintenance District Assessments for FY2022, making the assessment rate $0.003692 per assessable square foot. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:38:36 Discussion 28 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 5 of 12 00:43:21 Vote on the Motion to Adopt Commission Resolution No. 5268 establishing a Tree Maintenance District Assessments for FY2022, making the assessment rate $0.003692 per assessable square foot. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 00:43:40 Resolution 5269 Establishing a Six Percent Change to Arterial and Collector Street Maintenance District Assessments for FY 2022 Resolution 5269 Arterial-CollectorStreet Mtc Assessments FY22.docx 00:43:52 Staff Presentation Director Donald presented the change to the arterial and collector street maintenance district assessment. 00:45:20 Questions of Staff 00:46:38 Public Comment DM Cunningham opened this item for public comments. 00:47:50 Jay Pape, Public Comment Jay Pape commented on the condition of Ida Street and the effect for older neighborhoods. 00:50:45 Clarification of Staff 00:52:52 Motion to Adopt Commission Resolution No. 5269 Establishing a six percent change in Arterial and Collector Street Maintenance Assessments for FY 2022, making the assessment rate $0.006997 per assessable square foot. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:53:34 Discussion 00:55:08 Vote on the Motion to Adopt Commission Resolution No. 5269 Establishing a six percent change in Arterial and Collector Street Maintenance Assessments for FY 2022, making the assessment rate $0.006997 per assessable square foot. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic 29 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 6 of 12 Christopher Coburn Disapprove: None I.3 00:55:31 Resolution 5270 Establishing a Six Percent Increase to Street Maintenance District Assessments for FY 2022 Resolution 5270 Street Mtc Assessments FY22.docx 00:55:57 Staff Presentation Director Donald presented the change to the Street Maintenance District assessments. 00:57:16 Questions of Staff 00:59:54 Public Comment DM Cunningham opened this item for public comments. 01:00:45 Jay Pape, Public Comment Jay Pape commented his concern with the evaluation of the streets for improvements. He commented on the installation of utilities under Peach Street. 01:02:16 Emily Talago, Public Comment Emily Talago commented on SID's and that there are too many tools that provide inequitable allotment of resources. She commented on the perils of Tax Increment Financing. 01:06:41 Clarification of Staff 01:08:09 Motion to Adopt Commission Resolution No. 5270 establishing a six percent increase in Street Maintenance District Assessments for FY 2022, making the assessment rate $0.033113 per assessable square foot. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:08:55 Discussion 01:12:06 Vote on the Motion to Adopt Commission Resolution No. 5270 establishing a six percent increase in Street Maintenance District Assessments for FY 2022, making the assessment rate $0.033113 per assessable square foot. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 30 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 7 of 12 I.4 01:12:26 Resolution 5271 Establishing a 33 Percent Change to Parks and Trails Maintenance District Assessments for FY 2022 Resolution 5271 Parks Trails FY22 Assessment.docx 01:12:46 Staff Presentation Director Donald presented the changes to the Parks and Trails District Assessment. 01:14:16 Questions of Staff 01:14:56 Public Comment DM Cunningham opened this item for public comments. 01:15:58 Emily Talago, Public Comment Emily Talago commented on her own behalf asking on the difference between this District's assessment and the bond of a few years ago. 01:17:52 Staff Clarification 01:18:56 Motion to Adopt Resolution No. 5271 Establishing a 33 percent change in Parks and Trails Maintenance District Assessments for FY 2022, making the assessment rate $0.02261 per assessable square foot. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:19:25 Discussion 01:22:01 Vote on the Motion to Adopt Resolution No. 5271 Establishing a 33 percent change in Parks and Trails Maintenance District Assessments for FY 2022, making the assessment rate $0.02261 per assessable square foot. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.5 01:22:48 University Crossing Apartments Annexation and Zone Map Amendment, Application 21152 to Annex Approximately 10,250 Square Feet and Zone it as B-2 at 2025 W. Kagy Blvd 21152 University Crossing Apartments Annexation-ZMA Staff Report CC.pdf 21152 Application Materials.pdf 31 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 8 of 12 01:23:28 Staff Presentation Community Development Program Manager Chris Saunders presented the application to correct a surveying error from the first time it was presented to the Commission. Manager Saunders presented the correction, the current zoning, the annexation goals and policies, the zoning criteria, the recommendations of staff and the Zoning Commission. 01:24:54 Questions of Staff 01:26:40 Application Presentation Thomas Brown, Locati Architects is available for questions. 01:27:30 Questions of Applicant 01:28:19 Public Comment DM Cunningham opened this item for public comments. 01:28:41 Terry Mann, Public Comment Terry Mann commented on the residential development around an expected B2 zoning district and the potential for parking difficulties for local businesses. 01:30:59 Evan Rainey, Public Comment Evan Rainey commented in response to the previous commenter, that the mindset of requiring masses of parking leads to sprawl. 01:33:21 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 21152 and move to approve the University Crossing Apartments Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:34:14 Discussion 01:36:21 Vote on the 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 21152 and move to approve the University Crossing Apartments Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: 32 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 9 of 12 None 01:36:56 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21152 and move to approve the University Crossing Apartments Zone Map Amendment, with contingencies required to complete the application processing. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:37:31 Discussion 01:38:44 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21152 and move to approve the University Crossing Apartments Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:39:06 Meeting went into Recess DM Cunningham called the meeting into recess. 01:46:31 Meeting Reconvened DM Called the meeting back to order. I.6 01:46:37 Stockyard Properties Zone Map Amendment, Application 21102 Amending Zoning from R-4 and B-1 to REMU and B2-M on Approximately 12.2 Acres on the West Side of the Intersection of Story Mill Road and Griffin Drive 21102 Stockyard Properties ZMA Staff Report CC.pdf 21102_Application_Materials.pdf 01:47:00 Staff Presentation Program Manager Saunders presented the application. He presented the proposed zoning, the history of the property, the general area, the current zoning, the correlation to the FLUM, the zoning criteria, and the staff and Zoning Commission recommendations. 01:48:51 Questions of Staff 01:56:24 Applicant Presentation 33 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 10 of 12 Rob Pertzborn and Ryan Krueger, Intrinsik Architecture presented on behalf of the applicant. They presented the subject site and the surrounding proximity, the connectivity in the area, the current zoning, neighboring developments, previous proposals for the property, the 2020 Future Land Use Map, the requested zoning, the correlation of zoning and the underlying FLUM category, the application timeline, and the zoning approval criteria. 02:11:45 Questions of Applicant 02:17:45 Public Comment There were no public comments on this item. 02:20:31 Clarification of Staff 02:21:38 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 21102 and move to recommend approval of the Stockyard Properties Zone Map Amendment, with contingencies required to complete the application processing, with modification of contingency 1 replacing "annexation" with "zone map amendment." Jennifer Madgic: Motion Christopher Coburn: 2nd 02:22:47 Discussion 02:37:12 Vote on the 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 21102 and move to recommend approval of the Stockyard Properties Zone Map Amendment, with contingencies required to complete the application processing, with modification of contingency 1 replacing "annexation" with "zone map amendment." The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.7 02:37:36 Gran Cielo Subdivision Phase 2 Zone Map Amendment of the City Zoning Map on 9.01 Acres to Change from R-4 High Density Residential District to a Zoning Designation of R-5 Residential Mixed-Use High Density District, Located South of Stucky Road, West of South 27th Avenue, and north of Bennett Boulevard, Application 21095 21095 Gran Cielo Ph. 2 ZMA_staff_report CC 7-27-21.pdf 21095 Gran Cielo Ph 2 ZMA Application Materials.pdf 02:38:14 Staff Presentation 34 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 11 of 12 Program Manager Saunders presented the application, presented the current conditions, current zoning, FLUM designation, correlating zoning districts, the zoning criteria, and the staff and Zoning Commission recommendations. 02:40:39 Questions of Staff 02:45:31 Applicant Presentation Chris Budeski, Madison Engineering, presented on behalf of the applicant. He presented the reason for the proposed change, the current property conditions, and the site traffic study. 02:51:00 Questions of Applicant 02:52:04 Public Comment 02:55:51 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report for application 21095 and move to recommend approval of the Gran Cielo Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:56:31 Discussion 03:02:49 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report for application 21095 and move to recommend approval of the Gran Cielo Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) Appointments K) 03:03:24 FYI / Discussion L) 03:03:30 Adjournment ___________________________________ Cynthia L. Andrus Mayor 35 Bozeman City Commission Meeting Minutes, August 3, 2021 Page 12 of 12 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 28, 2021 36 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 1 of 21 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 10, 2021 Present: Cynthia L. 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) 00:00:44 Call to Order - 6:00 PM - Via WebEx B) 00:03:29 Pledge of Allegiance and a Moment of Silence C) 00:04:03 Changes to the Agenda • There were no changes to the agenda. D) 00:04:11 FYI • CM Mihelich provided a drought update. He highlighted the census data will be out on Thursday, August 14, 2021. E) 00:06:17 Commission Disclosures • There were no commission disclosures. F) 00:06:27 Approval of Minutes F.1 Approve the Regular Meeting Minutes From - February 24, 2020 June 8, 2021 June 15, 2021 37 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 2 of 21 June 22, 2021 July 13, 2021 July 20, 2021 July 27, 2021 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 00:06:29 Motion move to approve the regular meeting minutes as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:06:48 Vote on the Motion to approve move to approve the regular meeting minutes as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:07:10 Consent G.1 Approval of Depository Bonds and Pledged Securities as of June 30, 2021 Depository Bonds & Securities 0621.doc G.2 Authorize the Mayor to Sign a Findings of Fact and Order for the Eastlake Professional Center Preliminary Plat, Application 21016 21016 Eastlake Professional Center FOF.pdf Eastlake Professional Center - Preliminary Plat 05-21-2021.pdf 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) Sewer and Water Pipeline and Access Easement and Agreement 38 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 3 of 21 Public Trail Corridor Easement Public Street and Utility Easement Public Park Easement Irrevocable offer of Dedication 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 Gallatin Regional W WW Study MOA_Clean BelgradeSigned_MOA Draft GV W and WW Regionalization Feasibility Study Scope 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 PSA_Lyman Reservoir_Transmission ARPA Grant G.6 Authorize the City Manager to Sign a Professional Services Agreement with Walker Consultants to Conduct a Downtown Parking Occupancy Study PSA with Walker Consultants for Downtown Occupancy Study For CC.docx G.7 Authorize the City Manager to Sign a Contract Agreement with Precision Concrete Cutting to Provide Sidewalk Grinding Services Precision Contract.pdf 00:07:11 CM Mihelich Introduction • CM Mihelich provided the highlights of the Consent Agenda. 00:08:07 Public Comment • Mayor Andrus opened the consent agenda for public comment. 00:10:30 Emily Talago, Public Comment • Emily Talago commented on in opposition Consent Item 6. 00:12:16 Motion I move to approve consent items 1-7 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:12:33 Vote on the Motion to approve I move to approve consent items 1-7 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 39 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 4 of 21 Disapprove: None H) 00:12:51 Public Comment • Mayor Andrus opened the meeting up for general public comment. 00:15:09 Ralph Zimmer, Public Comment • Ralph Zimmer asked questions regarding the board consolidation procedure. 00:17:48 Jerry Pape, Public Comment • Jerry Pape commented on board consolidation. 00:21:52 Jan Strout, Public Comment • Jan Strout, on behalf of the Bozeman Task Force to Enhance the Safety of Women and Girls, commented in support of the inclusive city report and encouraged an intersectional gender analysis of the effects of the pandemic on women. 00:26:31 Mark Egge, Public Comment • Mark Egge commented on board consolidation. I) 00:31:48 Special Presentation I.1 00:31:50 Fourth Quarterly Report on Bozeman as an Inclusive City Inclusive City Report August 2021.pdf 00:31:54 Staff Presentation CM Mihelich presented the Fourth Quarter Report on Bozeman as an inclusive city. He provided the strategic plan aligned with inclusive city and the purpose of the report. He summarized the previous quarterly reports and provided an update on which areas have been completed, which are in progress, and which need to be started. He highlighted the acceleration of body worn cameras, training, and he spotlighted the Equity Indicators and Gaps Analysis Project. He provided next steps. J) 00:43:58 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 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 40 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 5 of 21 J.2 03:35:18 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 Res 5323 High Performing Boards.pdf 00:43:52 Staff Presentation on action items J1 and J2. CM Mihelich presented both action items. CM Mihelich identified which strategic plan goal aligns with consolidation. He highlighted what has been done to get to the current Ordinance and Resolutions. He provided background on why the City would like to consolidation and provided the work done on engagement with board chairs. CM Mihelich explained how the current boards' duties fall into the new structure and possible amendments suggested by the Commission. CM Mihelich presented Resolution 5323, High Performing Boards, including membership, recruitment, and review. He clarified changes in procedure and norms stated in the High Performing Boards Resolution. He provided the possible amendments to Resolution 5323. He highlighted next steps. 00:52:47 Questions of Staff 02:07:26 Recess • Mayor Andrus called the meeting into recess. 02:16:00 Order • Mayor Andrus called the meeting back to order. 02:16:15 Public Comment • Mayor Andrus opened the action item agenda for public comment. 02:18:00 Clarification from staff 02:18:42 Henry Happel, Public Comment • Henry Happel commented in support of the consolidation of the Community Development Board, but in opposition to prescriptive language such as term limits and criteria for applicants. 02:22:55 Marilee Brown, Public Comment • Marilee Brown, on behalf of Pedestrian and Traffic Safety Committee, commented on a lack of community engagement in the consolidation process. She commented on differences between the PTSC and the Transportation Board. She commented in opposition to the city limits requirements and term limits. She believes the process should be reviewed in one year. She commented there was not time for boards to meet after the proposed changes were provided to the public. • 02:26:28 Jerry Pape, Public Comment • Jerry Pape commented in regards to sourcing competence and experience in recruiting board members. He commented in opposition to the living in city limits requirement. 41 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 6 of 21 02:30:23 Ralph Zimmer, Public Comment • Ralph Zimmer commented there was not enough time for boards to review the Resolutions and Ordinance and requested they be tabled. He commented in opposition to term limits and requirements for members. 02:34:30 Kevin Thane, Public Comment • Kevin Thane commented there was not sufficient time for boards to review the Ordinance and Resolutions, specifically the Community Affordable Housing Advisory Board. He commented specifically in opposition to the "one body one voice" principle due to review time on City Commission agendas. 02:37:52 Mark Egge, Public Comment • Mark Egge commented with four suggestions, 1) Transportation board should include all modes of transportation 2) Transportation board should review and advise on the design of City transportation projects 3) Transportation board should draft and maintain City's Transportation Master Plan and other modal plans 4) Transportation board should review and make recommendations on 5 year capital improvement plan regarding transportation items. 02:42:39 Emily Talago, Public Comment • Emily Talago commented on overly prescriptive language, staff resources, and the challenges of recruitment especially when considering diversity, equity, and inclusion. She commented on compensating board members for their time and boards' susceptibility to advancing private interests. 02:47:12 Motion I move to approve 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 Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:50:19 Motion move to amend Section 2 of the Transportation Resolution 5326, and replace the current text with the following text: The purpose of the transportation board is to cultivate policies. They will promote all modes of transportation including, but not limited to vehicle, transit, pedestrian and bicycle transportation. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:50:46 Discussion • Cr. Coburn made the amendment to make the Resolution more clear for the public. 42 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 7 of 21 • Cr. Pomeroy spoke in support of the amendment. • DM Cunningham spoke in support of the amendment. • Cr. Madgic spoke in support of the amendment. • Mayor Andrus spoke in support of the amendment. 02:52:00 Vote on the Motion to amend move to amend Section 2 of the Transportation Resolution 5326, and replace the current text with the following text: The purpose of the transportation board is to cultivate policies. They will promote all modes of transportation including, but not limited to vehicle, transit, pedestrian and bicycle transportation. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:52:18 Motion Section 2 of the Transportation Board Resolution 5326, by adding language "advise the City on the creation and maintenance of long range transportation plan and applicable CIPs. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:53:01 Discussion • Cr. Coburn will be supporting the motion in order for the board to have a connection to long range transportation planning and it makes sense for the board to provide input on the CIP that may impact long range transportation plans. • Cr. Pomeroy spoke in support of the amendment. • DM Cunningham spoke in support of the amendment. • Cr. Madgic spoke in support of the amendment. • Mayor Andrus spoke in support of the motion. 02:54:56 Vote on the Motion to amend Section 2 of the Transportation Board Resolution 5326, by adding language "advise the City on the creation and maintenance of long range transportation plan and applicable CIPs. The Motion carried 5 - 0 Approve: Cyndy Andrus 43 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 8 of 21 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:55:15 Motion Section 2 of Resolution 5326, add number five to the list to read as follows: Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:55:44 Discussion • Cr. Pomeroy spoke in support of the amendment noting the importance of sustainability and climate action. • DM Cunningham spoke in support of the amendment noting the idea of weaving sustainability into all boards and City decisions. • Cr. Madgic spoke in support of the motion for reasons previously stated. • Cr. Coburn spoke in support of the motion. • Mayor Andrus spoke in support of the motion in hopes that sustainability becomes automatically assumed in all decisions. 02:58:27 Vote on the Motion to amend Section 2 of Resolution 5326, add number five to the list to read as follows: Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:58:49 Motion Section 3 by adding the following at the end of the existing text: the board will also assist in promoting Annual Bike Week. 44 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 9 of 21 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:59:09 Discussion • Cr. Pomeroy spoke in support of the motion as it aligns with a goal of being walkable bike-able city. • DM Cunningham spoke in support of the motion as it supports getting people on bikes as part of their daily lives. • Cr. Madgic will be supporting the motion • Cr. Coburn will be supporting the motion. • Mayor Andrus will be supporting the motion. 03:00:27 Vote on the Motion to amend Section 3 by adding the following at the end of the existing text: the board will also assist in promoting Annual Bike Week. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:00:49 Motion Section 3 by adding the phrase "including but not limited to vehicle, transit, pedestrian, and bicycle transportation" after multi-modal transportation opportunities and leaving the rest of the sentence as currently written. Jennifer Madgic: Motion Christopher Coburn: 2nd 03:01:26 Discussion • Cr. Madgic spoke in support of the amendment as it clarifies what multi-modal means. • Cr. Coburn spoke in support of the amendment. • Cr. Pomeroy will be supporting the amendment. • DM Cunningham spoke in support of the amendment. • Mayor Andrus will be supporting the amendment. 45 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 10 of 21 03:02:24 Vote on the Motion to amend Section 3 by adding the phrase "including but not limited to vehicle, transit, pedestrian, and bicycle transportation" after multi-modal transportation opportunities and leaving the rest of the sentence as currently written. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:03:58 Motion Section 2 of Resolution 5327, by adding two words to the second sentence "and resiliency" so the sentence would read the purpose of the Sustainability Board is to cultivate polices that advance the social and environmental livelihood of Bozeman citizens and make advisory recommendations to the City Commission and if requested by the City Manager, to the City Manger regarding policies that promote a modern, holistic approach to sustainability and resiliency. Terry Cunningham: Motion Christopher Coburn: 2nd 03:04:01 Discussion • CM Cunningham spoke in support of the amendment because of the importance of the Resiliency Plan that it is meant to identify how the City will react to climate issues and pending threats. • Cr. Coburn spoke in support of the amendment. • Cr. Pomeroy will be supporting the amendment. • Cr. Madgic will be support the amendment. • Mayor Andrus spoke in support of the amendment. 03:05:52 Vote on the Motion to amend Section 2 of Resolution 5327, by adding two words to the second sentence "and resiliency" so the sentence would read the purpose of the Sustainability Board is to cultivate polices that advance the social and environmental livelihood of Bozeman citizens and make advisory recommendations to the City Commission and if requested by the City Manager, to the City Manger regarding policies that promote a modern, holistic approach to sustainability and resiliency. The Motion carried 5 - 0 Approve: Cyndy Andrus 46 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 11 of 21 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:06:10 Motion Resolution 5327 to add words to the seventh recital to read: whereas the City Commission now determines the creation of the Sustainability Board is necessary to further the strategic plan priority of community engagement and to further other goals and objectives of the City and recognizes that due to the City's holistic approach to sustainability it will bisect all boards. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:06:55 Discussion • DM Cunningham spoke in support of the amendment and noted the recent UN Climate Report. • Cr. Madgic will be supporting the amendment. • Cr. Coburn will be supporting the amendment. • Cr. Pomeroy will be supporting the amendment. • Mayor Andrus will be supporting the amendment. 03:07:50 Vote on the Motion to amend Resolution 5327 to add words to the seventh recital to read: whereas the City Commission now determines the creation of the Sustainability Board is necessary to further the strategic plan priority of community engagement and to further other goals and objectives of the City and recognizes that due to the City's holistic approach to sustainability it will bisect all boards. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:08:06 Motion Resolution 5329 Section 2 add a number 6 that would read "Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations". 47 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 12 of 21 Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:08:42 Discussion • Cr. Coburn spoke in support of the motion as it is critical that considerations of sustainability are in all work by all boards. • Cr. Pomeroy agreed with Cr. Coburn. • DM Cunningham agreed. • Cr. Madgic agreed. • Mayor Andrus agreed. 03:09:27 Vote on the Motion to amend Resolution 5329 Section 2 add a number 6 that would read "Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations". The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:09:46 Motion Resolution 5330 Section 2 to add number three to the list to read as follows: "Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations". I-Ho Pomeroy: Motion Terry Cunningham: 2nd 03:10:44 Discussion • Cr. Pomeroy spoke to the importance of sustainability and climate action. • DM Cunningham reiterated that the Commission will be added that phrase to every super board. • Cr. Madgic will be supporting the amendment. • Cr. Coburn will be supporting the amendment. • Mayor Andrus will be supporting the amendment. 48 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 13 of 21 03:11:33 Vote on the Motion to amend Resolution 5330 Section 2 to add number three to the list to read as follows: "Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations". The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:12:55 Motion Resolution 5327 to amend the 9th recital to read as following: Whereas the City Commission created and established the Recreation and Parks Advisory Board and determines to disband the current RPAB and assign a portion of its current duties and functions to the sustainability board. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 03:12:34 Discussion • DM Cunningham spoke in support of the amendment as it provides clarification. 03:13:22 Vote on the Motion to amend Resolution 5327 to amend the 9th recital to read as following: Whereas the City Commission created and established the Recreation and Parks Advisory Board and determines to disband the current RPAB and assign a portion of its current duties and functions to the sustainability board. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:13:43 Motion to amend Resolution 5328, adding to the 10th recital to read as follows: Whereas the City Commission created and established the Recreation and Parks Advisory Board (RPAB) and 49 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 14 of 21 determines to disband the current RPAB and assign a portion of its current duties and functions to the sustainability board. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:14:16 Discussion • DM Cunningham noted it is just cleaning up the language. 03:14:26 Vote on the Motion to amend Resolution 5328, adding to the 10th recital to read as follows: Whereas the City Commission created and established the Recreation and Parks Advisory Board (RPAB) and determines to disband the current RPAB and assign a portion of its current duties and functions to the sustainability board. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:14:47 Motion to amend Resolution 5330, Section 4.2.D except for mayoral appointment or a person designated by a county commission, it is the general expectation that, except in unusual circumstances, board members should be appointment to no more than 2 consecutive terms. Jennifer Madgic: Motion Christopher Coburn: 2nd 03:15:40 Discussion • Cr. Madgic spoke in support of the amendment in order to make the language and requirements less strict. • Cr. Coburn spoke in support of the amendment as he feels the prescriptive language may not be necessary since the board members are appointed by the Commission. • Cr. Pomeroy will support the amendment. • DM Cunningham noted he is going to listen to other Commissioners for more input. • Mayor Andrus will not be supporting the motion as she believes that when there are term limits encourage more people involved. • Cr. Pomeroy noted she is not sure she will be supporting the motion. 50 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 15 of 21 • Cr. Madgic noted the Commission has no term limits. 03:22:26 Vote on the Motion to amend Resolution 5330, Section 4.2.D except for mayoral appointment or a person designated by a county commission, it is the general expectation that, except in unusual circumstances, board members should be appointment to no more than 2 consecutive terms. The Motion failed 2 - 3 Approve: Terry Cunningham Jennifer Madgic Disapprove: Cyndy Andrus I-Ho Pomeroy Christopher Coburn 03:23:06 Motion Resolution 5328, add a number five to the list under Section 2 that reads: "Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations" Christopher Coburn: Motion Jennifer Madgic: 2nd 03:23:47 Discussion • Cr. Coburn spoke in support of the motion. 03:24:20 Vote on the Motion to amend Resolution 5328, add a number five to the list under Section 2 that reads: "Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations". The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:25:08 Discussion 51 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 16 of 21 • Cr. Coburn spoke in support of the motion as giving the boards clear direction and room for creativity. • Cr. Pomeroy spoke in support of the motion because the fewer boards the easier it is for the community to get involved and make processes more transparent. • DM Cunningham spoke in support of the motion as a change requested by the Commission because the previous system was not working as well as it could. • Cr. Madgic spoke in support the motion for reasons previously stated and added there is opportunity to make things more efficient for staff, the Commission and for the public. • Mayor Andrus will be supporting the motion as forward thinking and a good way for the boards to help the City move its Strategic Plan forward. 03:35:03 Vote on the Motion to approve I move to 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. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:35:22 Motion I move to provisionally adopt Ordinance 2085 to consolidate the City's advisory boards. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:35:33 Discussion • Cr. Coburn spoke in support for reasons stated previously. • Cr. Pomeroy will be supporting the motion. 03:38:25 Vote on the Motion to free form I move to provisionally adopt Ordinance 2085 to consolidate the City's advisory boards. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham 52 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 17 of 21 I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:38:50 Motion I move to adopt 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 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 03:39:48 Motion to amend Section 3.1.A, Training of Board Members, to add a new subsection 5 to read as follows: Diversity, Equity, and Inclusion training focusing on various DEI topics including but not limited to implicit and unconscious bias, anti-harassments and anti-discriminations, accessibility and DEI in institutions and workforce and local governments. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 03:40:52 Discussion • Cr. Pomeroy spoke in support of the amendment. • DM Cunningham spoke in support of the amendment. • Cr. Madgic spoke in support of the amendment. • Cr. Coburn spoke in support of the amendment. • Mayor Andrus spoke in support in the amendment citing the need to weave DEI into decisions the City makes. 03:43:02 Vote on the Motion to amend Section 3.1.A, Training of Board Members, to add a new subsection 5 to read as follows: Diversity, Equity, and Inclusion training focusing on various DEI topics including but not limited to implicit and unconscious bias, anti-harassments and anti-discriminations, accessibility and DEI in institutions and workforce and local governments. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 53 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 18 of 21 Disapprove: None 03:43:24 Motion to amend by deleting 3.2.A.IV that reads "to provide direction and rely City Commission's position to the Board". Terry Cunningham: Motion Jennifer Madgic: 2nd 03:44:02 Discussion • DM Cunningham spoke in support of the amendment as it puts a commission liaison in a position to speak for the entire commission when they may not be aware of the commission's opinion on the subject. • Cr. Madgic spoke in support of the amendment. • Cr. Coburn spoke in support of the amendment as it provides clarity. • Cr. Pomeroy will be supporting the amendment. • Mayor Andrus spoke in support of the motion as it in some ways conflicts with Commission norms. 03:45:52 Vote on the Motion to amend by deleting 3.2.A.IV that reads "to provide direction and rely City Commission's position to the Board". The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:46:12 Motion to amend Section 1.2 (Recruitment) by replacing the existing text in its entirety with the following: “Commissioners, Board Members, and the City Manager are encouraged to actively recruit qualified members to apply. During the recruitment process the City will focus on diversity, equity, and inclusion, and will actively work to achieve membership that reflects, at the least, the demographics of our community – as outlined in, but not limited to the gaps analysis and equity indicators report and available census data - across all board membership. 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." 54 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 19 of 21 Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:47:35 Discussion • Cr. Coburn spoke in support of the amendment so the City is clear in their goal of getting a different level of involvement and representation on boards to make things more transparent and more accessible. He feels the City boards should be representative of the community. • Cr. Pomeroy spoke in support of the amendment. • DM Cunningham spoke in support of the amendment and noted his appreciation of the amendment as providing a clear goal of the boards to reflect the City. • Cr. Madgic spoke in support of the motion as it represents a compromise between having strict metrics and no standard. She added a diversity audit may help establish a baseline. • Mayor Andrus spoke in support of the motion as it leaves room to be more prescriptive in the future if needed. 03:55:30 Vote on the Motion to amend Section 1.2 (Recruitment) by replacing the existing text in its entirety with the following: “Commissioners, Board Members, and the City Manager are encouraged to actively recruit qualified members to apply. During the recruitment process the City will focus on diversity, equity, and inclusion, and will actively work to achieve membership that reflects, at the least, the demographics of our community – as outlined in, but not limited to the gaps analysis and equity indicators report and available census data - across all board membership. 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.". The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:55:48 Mayor Andrus extended the meeting until 10:10pm. 03:56:00 Motion to amend Subsection 1.3.A by adding "and competency" so it reads: Interview questions must ensure applicants receive a fair comparison with other candidates and will focus on the applicants competency for the position, potential conflicts of interest, and compliance with norms of 55 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 20 of 21 conduct, including but not limited decorum, communications, and the concept of acting as a body with one voice. Jennifer Madgic: Motion Christopher Coburn: 2nd 03:58:16 Discussion • Cr. Madgic spoke in support of the amendment as competency and background are important and should be specifically mentioned. • Cr. Coburn spoke in opposition to this amendment as it could work against diversity, equity, and inclusion goals set by the City. 03:59:59 Cr. Madgic withdrew the amendment. 04:01:37 Discussion on motion to adopt 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. • Cr. Pomeroy spoke in support of the motion as restructures the boards to be more effective and engaging. She noted it helps move toward the Strategic Plan Goal of Section 7 - High Performance Organization. • DM Cunningham spoke in support of the motion and the public comments submitted. He noted excitement around getting more citizens involved in advisory boards. • Cr. Madgic spoke in support of the motion and noted her agreement with DM Cunningham. She highlighted elements of of public comment she would like to consider in the future. • Cr. Coburn spoke in support of the motion. He highlighted the Resolution as an opportunity to have a better outcome, as in more efficient and more engaged boards. • Mayor Andrus spoke in support of the motion. She reminded the public that they will evaluate the new board structure in two years. 04:09:01 Vote on the Motion to free form I move to adopt 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. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 56 Bozeman City Commission Meeting Minutes, August 10, 2021 Page 21 of 21 Christopher Coburn Disapprove: None K) 04:09:20 FYI / Discussion L) 04:09:27 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: September 28, 2021 57 Bozeman City Commission Meeting Minutes, August 17, 2021 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, August 17, 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, City Clerk (CC) Mike Maas A) 00:00:10 Call to Order - 6:00 PM - WebEx Videoconference B) 00:02:48 Pledge of Allegiance and a Moment of Silence C) 00:03:25 Changes to the Agenda • CM Mihelich announced that Consent Item 10 has been removed. D) 00:03:57 FYI • CM Mihelich provided a drought status update. He provided an update on the Census results with a city population of 53293 and this transitions the City from a micropolitan to a metropolitan area. E) 00:05:42 Commission Disclosures F) 00:05:55 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Grant Agreement with HRDC for City Streamline Services Funding of $400,000 for Fiscal Year 2022 Grant Agreement HRDC STREAMLINE FY22.docx Streamline request Exhibit A.pdf F.3 Authorize the City Manager to Sign a Grant Agreement with HAVEN for funding $30,000 for Fiscal Year 2022 Grant Agreement HAVEN FY22.docx HAVEN request Exhibit A.pdf F.4 Approve a Final Plat for the Norton Ranch Phase 6 Subdivision and Authorize the Director Public Works to Execute the Same on Behalf of the City of Bozeman; the 58 Bozeman City Commission Meeting Minutes, August 17, 2021 Page 2 of 6 Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 21141 Norton Ranch Phase 6 - Final Plat Map.pdf 21- Findings of Fact - Norton Ranch Phase 5 Subdivision, App. 21024.pdf Norton Ranch Ph 6 FP_transmittal to Legal.pdf F.5 Findings of Fact for Bridger Meadows Planned Unit Development, Application 20350 20350 PUD CC Staff Report FOF .pdf F.6 Findings of Fact for Bridger Meadows Major Subdivision Preliminary Plat, Application 20351 20351 PP CC Staff Report FOF.pdf F.7 Authorize the City Manager to Sign a Public Stormwater Utility Easement and Agreement, Sewer and Water Pipeline and Access Easement and Agreement, Trail Corridor Easement, Utility Easement with J & D Family, LLP for the J & D Family Major Subdivision SE (21039) Public Stormwater Utility Easement and Agreement Sewer and Water Pipeline and Access Easement and Agreement Trail Corridor Easement Utility Easement F.8 Authorize the City Manager to Sign a Trail Easement with Resonon Property Holdings, LLC Resonon Trail Easement.pdf F.9 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with KT Properties for the Griffin Drive and Manley Road Street and Stormwater Improvements Project KT Properties Administrative Settlement.pdf KT Properties Buyers Closing Statement_1.pdf KT Properties Buyers Closing Statement_2.pdf KT Properties Buyers Instructions.pdf KT Properties Escrow Instructions.pdf KT Properties Public Use Agreement.pdf KT Properties ROW Agreement.pdf KT Properties Temporary Construction Permit.pdf KT Properties Waiver Valuation.pdf F.10 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 SRO Agreement F.11 Authorize City Manager to Sign AIA Document B121 Master Agreement, B221 Document for Service Order 1 Agreement, and Future Service Orders within Budget for the Design of the Library Expansion Project Bozeman Public Library Expansion - Library Foundation Board Presentation.pdf Bozeman Public Library Expansion - B121-2018 MSR Design.pdf Bozeman Public Library Expansion - B221-2018 MSR Design Service Order 1.pdf Bozeman Public Library Expansion - Exhibit A - MSR Fee Proposal.pdf Bozeman Public Library Expansion - Exhibit B - BPL Schedule.pdf Bozeman Public Library Expansion - Exhibit C - Hourly Rate Ranges.pdf 59 Bozeman City Commission Meeting Minutes, August 17, 2021 Page 3 of 6 F.12 Authorize City Manager to Sign an Agreement Between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Final Design and Construction Phases of the Bozeman Public Library Expansion Bozeman Public Library Expansion - MOU for Phase 2 and 3.pdf F.13 Amendment to the Employment Agreement Between City of Bozeman and Jeff Mihelich (City Manager) Mihelich - Contract Amendment.pdf F.14 Authorize the City Manager to Sign a Professional Services Agreement between the City of Bozeman and Affion for the Recruitment of Public Works Positions Professional Services Agreement - Public Works Recruitment Bozeman Affion (003).pdf F.15 Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart to Provide Pre-Design Services for the Fowler Connection (Huffine to Oak) Project 20210810_Fowler Ave_PSA_Design.pdf 20210810_Fowler_Scope of Work_Pre-Design.pdf F.16 Authorize the City Manager to Sign an Amendment 6 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate Upcoming Water Renovations Projects PSA Amendment No 6_.pdf F.17 Ordinance 2082, Final Adoption to Rezone 41.52 Acres from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District, Application 21005 Ordinance 2082 Four Points ZMA No 21005.docx FourPoints2021ZMA_070221.pdf 00:06:01 City Manager Introduction CM Mihelich provided the highlights of the consent agenda. 00:06:25 Public Comment There were no public comments on the Consent Items. 00:09:01 Motion to approve Consent Items 1 - 9 and 11 - 17 as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:09:10 Vote on the Motion to approve Consent Items 1 - 9 and 11 - 17 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 60 Bozeman City Commission Meeting Minutes, August 17, 2021 Page 4 of 6 G) 00:09:30 Public Comment Mayor Andrus opened general public comment. 00:11:43 Mike Rubie, Public Comment Mike Rubie, President of Mountain Supply, commented on special use permit 21117 and asked the Commission to review the item. He stated concerns about business in the area. H) 00:14:18 Special Presentation H.1 City of Bozeman Parks, Recreation and Active Transportation Comprehensive Plan Kickoff Presentation Parks and Recreation Director Mitch Overton, Parks Planning and Development Manager Addi Jadin, and Consultant Brie Henshold from Agency Landscape and Planning, presented the history and accomplishments of the 2007 PROST plan, and the new Parks, Recreation, and Active Transportation Comprehensive Plan. I) 00:26:44 Action Items I.1 00:26:46 Approve Bozeman Gateway Phase 5 Major Subdivision Preliminary Plat, Application 20094 (Quasi-judicial) 20094 CC Staff Report.pdf WatercourseExhibit_06-02-2021.pdf Preliminary Plat.pdf 00:27:32 Staff Presentation Associate Planner Sarah Rosenberg presented application 20094 for Bozeman Gateway Phase 5 Major Subdivision Preliminary plat, the site vicinity, the master site plan, the plat map, the watercourse setback and history of relaxation approval for the PUD, a summary of public comment, and the recommendations of the Planning Board and Staff. 00:34:16 Questions of Staff 00:52:35 Applicant Presentation Jim Ullman from Morrison-Maierle presented on behalf of the applicant. He responded to DM Cunningham's questions of staff and presented the plans related to the Farmer's Canal in the project area. 01:04:22 Questions of Applicant 01:07:18 Public Comment There were no public comments on this item. 01:10:11 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 20094 and move to approve the subdivision with conditions and subject to all applicable code provisions. 61 Bozeman City Commission Meeting Minutes, August 17, 2021 Page 5 of 6 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:10:41 Discussion Cr. Pomeroy agreed with staff's findings that the application meets all necessary requirements. DM Cunningham agreed that the application meets the review criteria. He stated his preference for approaching MDT for an interim solution for the traffic signal at Fowler and Huffine. He appreciated the work related to the Farmers' Canal. He asked the applicant to preserve as much of the wetlands as possible. Cr. Madgic will support the application and appreciates the quality planning of a mix of uses in this area. She echoed the comments of DM Cunningham with regard to the left turn signal at Huffine. She noted that we are still in an agricultural region and the need to mitigate impacts on agriculture. Cr. Coburn will support the application. Mayor Andrus will support the application. She echoed the comments of DM Cunningham related to the traffic light and wetlands. 01:20:34 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 20094 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 J) 01:20:56 FYI / Discussion K) 01:21:09 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 62 Bozeman City Commission Meeting Minutes, August 17, 2021 Page 6 of 6 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 28, 2021 63 Bozeman City Commission Meeting Minutes, August 24, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 24, 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) 00:02:17 Call to Order - 6:00 PM - Via WebEx B) 00:02:33 Pledge of Allegiance and a Moment of Silence C) 00:03:07 Changes to the Agenda • CM Mihelich announced Consent Agenda Item G5 will be moved to the Action Agenda. D) 00:03:33 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. • DCC DiTommaso provided the Public Service Announcement. E) 00:03:55 FYI • DM Cunningham highlighted continuing water reduction efforts. He announced the Bridger View Redevelopment Project is being developed at a net 0 development envelope. They are inviting other developers and builders onto the site to observe and learn. • Cr. Madgic wished Cr. Pomeroy a happy birthday. • CM Mihelich provided an update on the drought. He noted the transition from summer to fall. F) 00:07:32 Commission Disclosures • There were no commission disclosures. 64 Bozeman City Commission Meeting Minutes, August 24, 2021 Page 2 of 9 G) 00:07:39 Consent G.1 Accounts Payable Claims Review and Approval G.2 Spring Creek Inn Minor Subdivision Final Plat, Application 19510 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 G.3 Authorize the City Manager to Sign a Utility Easement with Life Style Solutions Real Estate for the Ruh Building (18423) Utility Easement 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 20210824_Pacific Hide and Fur Depot ROW Agreements for City Signature.pdf 20210824_Mergenthaler Family ROW Agreements for City Signature.pdf 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 Ordinance 2085 Generally Revising Chapter 2, Article 5 of the BMC in Accordance with the Consolidations of the City Advisory Boards.pdf 00:07:58 CM Mihelich provided the highlights of the Consent Agenda. 00:08:33 Public Comment • There were no public comments on Consent Agenda items G1-G4 and G6. 00:11:21 Motion Consent Items 1-4 and 6 as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:11:36 Vote on the Motion to approve Consent Items 1-4 and 6 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:11:55 Public Comment • Mayor Andrus opened the meeting up for general public comment. 00:12:18 Zach Brown, Public Comment 65 Bozeman City Commission Meeting Minutes, August 24, 2021 Page 3 of 9 • County Commissioner Zach Brown, on behalf of the Gallatin County Commission, provided information on the County Commission Courts Building Bond Initiative that will be on the ballot this fall. 00:21:23 Marilyn King, Public Comment • Marilyn King, the Deputy Superintendent Instruction for the Bozeman Public Schools, commented in support of item G5. 00:25:39 Casey Bertram, Public Comment • Casey Bertram, Superintendent for Bozeman Public Schools, commented in support of item G5. 00:29:16 Courtney Smith, Public Comment • Courtney Smith, on behalf of Montana Racial Equity Project, commented urging the Commission consider the MOU (Item G5) annually. 00:30:15 Dan Mills, Public Comment • Dan Mills, the Principal of Bozeman High School, spoke in support of item G5. 00:33:18 Katie Laslovich, Public Comment • Katie Laslovich, Assistant Principal of Gallatin High School, commented in support of item G5. 00:37:08 Randy VanDyk, Public Comment • Randy VanDyk commented in support of item G5. I) 00:38:59 Action Items G.5 00:39:02 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 2021 SRO Contract.pdf 00:39:18 Questions of Staff 00:56:50 Public Comment • There were no public comments. 00:59:39 Motion 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. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:00:08 Discussion • Cr. Pomeroy noted the positive goals and effects of SROs, specifically safety. • DM Cunningham spoke in support of the motion as the SRO program has been working based on anecdotal information. 66 Bozeman City Commission Meeting Minutes, August 24, 2021 Page 4 of 9 01:02:49 Recording Error 01:07:06 Discussion Continued 01:07:22 Motion to have the term of the agreement expire June 30, 2021 to be reassessed annually. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:07:34 Discussion • Cr. Coburn noted the SRO program is working, but reviewing it annually with public input could provide more insight on the program. • Cr. Pomeroy spoke in opposition to the amendment because of the program's current success. • DM Cunningham spoke in opposition to the amendment due to concerns of stability in the partnership and hiring. • Cr. Madgic in support of the 5 year contract and an annual review of the program. • Mayor Andrus will not be supporting the motion in order to keep continuity and consistency with the contract. She is in support of an annual presentation or update of the program. 01:13:50 Vote on the Motion to amend to have the term of the agreement expire June 30, 2021 to be reassessed annually. The Motion failed 1 - 4 Approve: Christopher Coburn Disapprove: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 01:14:14 Discussion on Main Motion • Cr. Coburn will not be supporting the motion due to the length of the contract. 01:17:41 Vote on the Motion to free form 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.The Motion carried 4 - 1 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: 67 Bozeman City Commission Meeting Minutes, August 24, 2021 Page 5 of 9 Christopher Coburn I.1 01:17:57 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 01:18:03 CM Introduction 01:18:21 Staff Presentation City Planner Tom Rogers requested the continuation of the public hearing due to a lack of quorum at the August 9, 2021 Zoning Commission Meeting. He requested the hearing be continued to Tuesday, September 21, 2021. 01:19:12 Motion I move to continue the public hearing for the 2103 Bridger Drive Annexation and Zone Map Amendment, application 21147 to Tuesday, September 21, 2021. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:19:38 Vote on the Motion I move to continue the public hearing for the 2103 Bridger Drive Annexation and Zone Map Amendment, application 21147 to Tuesday, September 21, 2021. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 01:20:17 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 01:20:18 CM Introduction 01:20:26 Staff Presentation City Planner Tom Rogers requested the continuation of the public hearing due to a lack of quorum at the August 9, 2021 Zoning Commission Meeting. He requested the hearing be continued to Tuesday, September 21, 2021. 01:21:32 Motion I move to continue the public hearing for the West Babcock Properties Zone Map Amendment, application 21192 to Tuesday, September 21, 2021. 68 Bozeman City Commission Meeting Minutes, August 24, 2021 Page 6 of 9 Jennifer Madgic: Motion Christopher Coburn: 2nd 01:21:37 Vote on the Motion to free form I move to continue the public hearing for the West Babcock Properties Zone Map Amendment, application 21192 to Tuesday, September 21, 2021. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 01:21:56 Resolution 5276, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property 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 01:21:58 City Manager Introduction 01:22:17 Staff Presentation Finance Director Kristin Donald presented the background, certified values, change in mill levy value, urban renewal districts changes, and the staff recommendation. She concluded with the general fund balances and the typical residential property owner impact if the recommended FY22 levy is adopted. 01:28:17 Questions of Staff 01:36:10 Public Comment • There were no public comments. 01:38:49 Motion Move to approve Resolution 5276, establishing and affixing the number of mills to be charged against the assessed valuation of all taxable property. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:39:03 Discussion 69 Bozeman City Commission Meeting Minutes, August 24, 2021 Page 7 of 9 • Cr. Coburn spoke in support of the motion because it is in alignment with the budget that was passed in June. • Cr. Pomeroy spoke in support of the motion for reasons stated by her colleague. • DM Cunningham spoke in support of the motion and spoke about tax fatigue and bills that did not pass the legislature that could help alleviate property taxes and assessments. • Cr. Madgic spoke in support of the motion and noted the cost of living in Bozeman. • Mayor Andrus spoke in support of the motion and agreed with her fellow Commissioners regarding property tax relief. 01:46:13 Vote on the Motion Move to approve Resolution 5276, establishing and affixing the number of mills to be charged against the assessed valuation of all taxable property. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 01:46:32 Appointments J.1 01:46:35 Appointments to the Zoning Commission 05-26-21 CAB Application - M. Genito, reapplicant.pdf 03-24-21 CAB Application - S. Thompson, new applicant.pdf 01:46:40 Public Comment • There were no public comments. 01:47:51 Motion I move to reappoint Mark Genito to the Zoning Commission with a term expiring February 2021 and move to appoint Sam Thompson to the Zoning Commission for a term expiring November 30, 2021. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:49:48 Vote on the Motion I move to reappoint Mark Genito to the Zoning Commission with a term expiring February 2021 and move to appoint Sam Thompson to the Zoning Commission for a term expiring November 30, 2021. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 70 Bozeman City Commission Meeting Minutes, August 24, 2021 Page 8 of 9 Christopher Coburn Disapprove: None J.2 01:50:09 Selection of a City Commission Representative to the Gallatin Local Water Quality District 01:50:16 Motion I move to appoint Mayor Cynthia L. Andrus to the Gallatin Local Water Quality District with a term expiring January 1, 2023. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:50:35 Vote on the Motion I move to appoint Mayor Cynthia L. Andrus to the Gallatin Local Water Quality District with a term expiring January 1, 2023. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 01:50:56 FYI / Discussion L) 01:51:02 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 71 Bozeman City Commission Meeting Minutes, August 24, 2021 Page 9 of 9 PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: September 28, 2021 72 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, September 14, 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, City Clerk (CC) Mike Maas A) 00:11:31 Call to Order - 6:00 PM - WebEx Videoconference B) 00:14:13 Pledge of Allegiance and a Moment of Silence C) 00:14:52 Changes to the Agenda • CM Mihelich announced that Consent Item 7 was removed from the agenda. D) 00:15:21 FYI • Mayor Andrus commented on the decision to continue virtual meetings. She noted the most reliable metric is community transmission and after several weeks of low to moderate transmission the Commission will reconsider. • CM Mihelich provided an update on a recent incident involving policer officers in downtown Bozeman. He provided an update on the City's drought score. He noted a new vaccine incentive program to be funded by ARPA funds, where any Bozeman resident provides proof of vaccination status for entry in a raffle to win $1,000 gift cards. E) 00:22:47 Commission Disclosures F) 00:22:55 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Cash-in-lieu of Parkland Grant Agreement with Southwest Montana Mountain Bike Association for Westlake Park 2020 Westlake Park CILP application.pdf Grant Agreement - SWMMBA.docx F.3 Findings of Fact for the Bozeman Gateway Phase 5 Major Subdivision, Application 20094 (Quasi-judicial) 73 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 2 of 12 20094 Findings of Fact.pdf Preliminary Plat.pdf F.4 Authorize the City Manager to Sign a Notice of Award for the Bozeman Sourdough Water Transmission Main, Phase 2 Project, to CK May Excavating Inc. for the Total Base Bid in the Amount of $4,105,303.90, and Final Contract Documents Once Received Notice of Award, Bid Tabulation, Award Recommendation, DEQ Award Authorization, Letter from Nord Formal Bid Protest.pdf F.5 Authorize the City Manager to Sign an Irrevocable Offer of Dedication, Drainage Easement, Public Street and Utility Easement, Public Utility Easement, Public Water and Sewer Easement with Haven for the Haven Site Plan (20451) Irrevocable Offer of Dedication Drainage Easement Public Street and Utility Easement Public Utility Easement Public Water and Sewer Easement F.6 Authorize the City Manager to Sign a Drainage Easement, Public Access Easement, Public Pedestrian Access Easement, and a Utility Easement with Glacier Bank for the First Security Bank Site Plan (21044) Drainage Easement Public Access Easement Public Pedestrian Access Easement Utility Easement F.7 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20210824_ExxonMobil_right of entry_w-Fig1.pdf F.8 Authorize the City Manager to Sign a Purchase Agreement for a Police Canine, Including the Training of a New Handler Purchase Agreement for Police Canine.pdf F.9 Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological Survey for the Continued Operation of the Real-time Streamflow Gauging Station on the East Gallatin River Joint Funding Agreement_Federal FY22.pdf F.10 Ratify the City Manager's Signature on an Agreement for Services with Montana State University for SARS-COV-2 Testing at the Wastewater Treatment Plant Services Agreement_COB and MSU Covid 9 1 2021.pdf F.11 Authorize the City Manager to Sign an Interlocal Site License Agreement for Operation of Convenience Site Between the Gallatin County Solid Waste Management District, Gallatin County and the City BCSAgreement Final Ex A (002).pdf F.12 Authorize the City Manager to Sign a Professional Services Agreement with GIS Inc. for Cityworks Support Services Exhibit A - GIS Inc Remote Support Quote.pdf Exhibit B - PSA GIS Inc. 2021.docx F.13 Authorize the City Manager to Sign the Professional Services Agreement with HDR for the Downtown Bozeman Creek Culvert Assessment Project Downtown Bozeman Creek Culvert Assessment Professional Services Agreement.pdf 74 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 3 of 12 F.14 Authorize the City Manager to Sign a Professional Services Agreement with Greenspace Landscaping for Snow Plow Services in the Bridger Parking Garage and Surrounding Sidewalks PSA Bridger Garage Plowing--Greenspace Landscaping--Sept 2021.docx F.15 Authorize the City Manager to Sign an Amended Professional Services Agreement with Big Horn Snow Removal for Snow Removal Services in the Four City Owned Service Lots Open for Public Parking in the Downtown Core and the Bozeman Senior Center Surface Lot PSA Surface Lots and Senior Center--Big Horn Snow Removal--Amendment 2--Sept 2021.docx F.16 Authorize the City Manager to Sign an Amended PSA with Passport Labs, Inc. for Parking Enforcement and Permit Software PSA Amendment Passport Permit and Enforcement Software Sept 2021.docx F.17 Authorize the City Manager to Sign an Amendment to the Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project Attachment A PSA - Treasure State Inc - Bogert Court Renovation Project.pdf Attachment B PSA-Amendment-1 Treasure State Inc.-Bogert Park Court Renovation.pdf F.18 Ratify the City Manager's Signature on First Amendment to Profession Services Agreement with Sterling BZN, LLC for Sale of Fire Station 1 First Amendment Sterling BZN, LLC.pdf F.19 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Water Supply Optimization and Management Tool Amendment No. 1 to PSA for WSOMT Ph 2 F.20 Authorize the City Manager to Sign Task Order 3 SCADA Master Plan Development Under Existing SCADA On-Call Services Professional Services Agreement Term Contract SCADA On-Call Services Task Order 3.pdf F.21 Authorize the City Manager to Sign an Amendment 7 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate Upcoming Sewer Renovations Projects PSA Amendment No 7_TE.pdf Original Survey PSA.pdf F.22 Resolution 5331 Annexing the University Crossing Apartments 2021 Annexation for 10,247 sq. ft. Located at 2025 W. Kagy Blvd, and Authorizing the City Manager to Sign the Annexation Agreement and Associated Right of Way and Utility Easements, Application 21152 Resolution 5331 - University Crossing Apts 2021 Annx 21152.pdf Signed Annexation Agreement 21152.pdf 210228 - Annexation Map - 2021.08.26.pdf Signed street and utility easement for Kagy Blvd 21152.pdf Signed Utility Easement 21152.pdf F.23 Resolution 5332 Intent to Modify Special Improvement Lighting District 744 for South University District Phases 1-3 Resolution 5332 Intent to Modify SILD 744 Boulder Creek Subdivision.docx EXHIBIT A.pdf EXHIBIT B.pdf 75 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 4 of 12 F.24 Resolution 5334 Authorizing Prime Change Order 13 with Langlas and Associates for Construction of the Bozeman Public Safety Center 19426 Change Estimate Log 08.16.21.pdf BPSC Job No. 19426 Prime CO 13_signed STL.pdf F.25 Resolution 5336 Authorizing Change Order 4 to the North 7th Avenue Streetscape Project Resolution 5336 N 7th Streetscape Change Order 4.docx N 7th - CO4 Elm ROW Improvements_Executed by MM and TSI.pdf F.26 Ordinance 2086, Provisional Adoption of the University Crossing Apartments 2021 Zone Map Amendment, Giving an Initial Designation of B-2, Community Business District, on 10,247 Square Feet at 2025 Kagy Blvd in Association with Annexation, Application 2152 Ordinance 2086 University Crossing Apts ZMAs 21152.pdf 210228 - INTIAL ZONE MAP - 2021.08.26.pdf F.27 Ordinance 2087, Provisional Adoption of the Stockyard Properties Zone Map Amendment to Amend Zoning on 15.28 Acres from R-4 Residential High Density and B-1 Neighborhood Business District to REMU Residential Emphasis Mixed Use and B-2M Community Business District Mixed at the Intersection of Griffin Drive and Story Mill Road, Application 21102 Ordinance 2087 - Stockyard ZMA 21102.pdf Stockyard ZMA Final 08-24-2021.pdf 00:22:56 City Manager Introduction CM Mihelich provided the highlights of the consent agenda. 00:26:03 Public Comment There were no public comments on the consent agenda. 00:29:27 Motion to approve Consent Items 1-6, and 8-27. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:29:29 Vote on the Motion to approve Consent Items 1-6, and 8-27. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:29:38 Public Comment Mayor Andrus opened general public comment. 00:32:43 Evan Rainey, Public Comment 76 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 5 of 12 Evan Rainey commented on item consent item F25 on the TIF funding outside the decision making of the TIF board. He stated his opinion that developers do not need TIF funds and that ending TIF is one of his main campaign points. H) 00:34:51 Action Items H.1 00:34:52 Resolution 5272 Establishing Rates for Stormwater Service for FY22 and FY23 Stormwater Rates.docx Resolution 5272 - Stormwater Rates FY22.docx 00:35:06 Staff Presentation Finance Director Kristin Donald presented the rate increase based on approved budget. 00:36:39 Questions of Staff 00:40:51 Public Comment There were no public comments on this item. 00:43:08 Motion to approve Resolution 5272 Establishing rates for stormwater service for FY22 and FY23. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:43:28 Discussion 00:45:44 Vote on the Motion to approve Resolution 5272 Establishing rates for stormwater service for FY22 and FY23. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.2 00:46:01 Resolution 5273 Establishing Rates and Fees for Water Service for FY22 and FY23 Water Rates.docx Resolution - 5273 Water Rates FY22.docx 2021 Water Memo - Final .pdf 2021 Drought Rate Surcharge Memo - Final.pdf 00:46:13 Staff Presentation Director Donald presented the water rates and fees for FY22 and FY23 based on approved budget. 77 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 6 of 12 00:47:29 Questions of Staff 00:58:38 Public Comment Mayor Andrus opened this item for public comment. 01:00:13 Emily Talago, Public Comment Emily Talago commented on water as a finite resource and must align with the community priorities on how it is used and the consideration of rate reduction applications based upon how water is used. 01:04:22 Motion to approve Resolution 5273 Establishing rates and fees for Water service for FY22 and FY23. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:04:37 Discussion 01:10:59 Vote on the Motion to approve Resolution 5273 Establishing rates and fees for Water service for FY22 and FY23. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 01:11:15 Resolution 5274 Establishing Rates for Wastewater Service for FY22 and FY23 Wastewater Rates.docx Resolution - 5274 Wastewater Rates FY22 and 23.docx 2021 Wastewater Memo - Final.pdf 01:11:29 Staff Presentation Director Donald presented the wastewater rates for FY22 and FY23 based on the approved budget. 01:12:20 Questions of Staff 01:16:28 Public Comment There were no public comments on this item. 01:19:02 Motion to approve Resolution 5274 Establishing rates for Wastewater service for FY22 and FY23. 78 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 7 of 12 Jennifer Madgic: Motion Christopher Coburn: 2nd 01:19:23 Discussion 01:23:38 Vote on the Motion to approve Resolution 5274 Establishing rates for Wastewater service for FY22 and FY23. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.4 01:23:57 Resolution 5275 Establishing Rates for Solid Waste Services for FY22 Solidwaste Rates.docx Resolution - 5275 Solidwaste Rates FY22.docx 01:24:06 Staff Presentation Director Donald presented the solid waste rates for FY22 based on the approved budget. 01:26:15 Questions of Staff 01:28:29 Public Comment There were no public comments on this item. 01:30:56 Motion to approve Resolution 5275 Establishing rates for Solid Waste services for FY22. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:31:07 Discussion 01:32:42 Vote on the Motion to approve Resolution 5275 Establishing rates for Solid Waste services for FY22. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: 79 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 8 of 12 None H.5 01:33:08 Adoption of Resolution 5324 and Provisional Adoption of Ordinance 2083 for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Located at the Northeast Corner of the Intersection of Westlake Road and Davis Lane, to the South of Interstate 90, for 17.197 Acres to be Given Initial Zoning of R-5 Residential Mixed Use High Density District, and Authorize the City Manager to Sign the Annexation Agreement and Associated Right of Way Easements, Application 21186 21186 Davis and Westlake Annx-ZMA CC staff report.pdf Resolution 5324 - 21186.pdf 6770.002 - Davis 17 ac- Annexation Map - 070821.pdf 21186 Annexation Agreement - Distribution.pdf 6770002 Trail easement-EXHIBIT.pdf Public Access Easement - signed.PDF Public Street and Utility Easement - signed.PDF 6770002 Davis Lane easement-EXHIBIT.pdf Ordinance 2083 - 21186.pdf 6770.002 - Davis 17 ac- Zoning Map - 070821.pdf 01:33:30 Staff Presentation Community Development Program Manager Chris Saunders presented the application, the property location, the Future Land Use Map, current adjacent zoning, the annexation goals and policies criteria, the zoning criteria, the public comments received, and the recommendations for the application. 01:39:09 Questions of Staff 01:57:06 Applicant Presentation Matt Eckstrom from Morrison-Maierle presented on behalf of the applicant. He stated their agreement that high density residential makes sense at this location due to its proximity to the new Billings Clinic, the nearby transportation network, and surrounding water and sewer infrastructure. He stated there are no current plans for the site. He stated agreement with the staff report and the conditions of approval as written. 01:58:56 Questions of Applicant 02:07:52 Public Comment Mayor Andrus opened this item for public comments. 02:10:43 Jason Delmue, Public Comment Jason Delmue commented on his own behalf and the benefits of annexation to meeting City standards for transportation, specifically separated mixed-use pathways. He commented on the benefit of R-5 zoning in allowing non-residential uses if chosen. 02:13:25 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 21186 and move to approve Resolution 5324, the 2021 NE Corner Davis Lane and Westlake Road Annexation. 80 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 9 of 12 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:13:57 Discussion Cr. Pomeroy agreed with staff's findings and will support the motion. DM Cunningham agreed with staff's findings for the ten goals and eight policies of annexation. Cr. Madgic agreed with staff's findings and made note of the character of the district and the mixed use of the nearby properties. She found the annexation is compatible with the growth of Bozeman but expressed concerns related to agriculture in the valley and the adjoining property owner. Cr. Coburn agreed with staff's findings and expressed the need for affordable housing and not just housing. He stated his disappointment with the limitations of using annexation to provide for affordable housing. Mayor Andrus agreed with staff's findings and the previous comments by the Commission. She stated we welcome annexation and will continue to do so, but noted some missing opportunities that we do not have control over. She will support the motion. 02:21:30 Vote on the 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 21186 and move to approve Resolution 5324, the 2021 NE Corner Davis Lane and Westlake Road Annexation. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:21:52 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21186 and move to provisionally adopt Ordinance 2083, the 2021 NE Corner Davis Lane and Westlake Road Zone Map Amendment. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:22:31 Discussion Cr. Pomeroy stated the need to preserve agricultural land and high density is the best use of the land. She stated her appreciation of recent developments that utilize mixed use for walkability and bikeability. DM Cunningham agreed with staff's findings that R-5 is appropriate in meeting the zoning criteria and that the application does not meet the elements of spot-zoning. He reiterated concerns of waiting for the further development review and the necessary Affordable housing needs to be addressed through intentional design. He noted this property as entrance view from the highway. Cr. Madgic stated concerns with the development reaching the highest allowable density that takes advantage of the amenities in the area. She stated high-density makes sense in this location given access 81 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 10 of 12 to the transportation and nearby amenities. She expressed her trepidation with having to wait for further development review. Cr. Coburn echoed the statements of the previous Commissioners in the need for a development to meet the intent of R-5 zoning. Mayor Andrus stated her sympathy with the public comment from the adjacent property owner. She stated the need for more than just density to benefit the community. She stated her hope to see a development proposal that benefits the community beyond density. 02:37:23 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21186 and move to provisionally adopt Ordinance 2083, the 2021 NE Corner Davis Lane and Westlake Road Zone Map Amendment. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:37:49 Meeting went into Recess Mayor Andrus called the meeting into recess. 02:38:23 Meeting Reconvened Mayor Andrus called the meeting back to order. H.6 02:38:29 Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment to Rezone Two Existing Parcels from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) on 3.492 Acres, Application 21172 1.0 A1 - Development Review Application 04-20-2021 - Signed.pdf 2.0 Zone Map Amendment Narrative - 05-18-2021.pdf 4.0 ZMA Map 05-10-2021.pdf 1.2 City Adjoiners -Annie Subd. Ph 2 04-26-2021.pdf 21172 Lot 5C CC SR.pdf 02:38:44 Staff Presentation Planner Tom Rogers presented the application, entered the staff report and the applicant submittal into the record. He presented requested zoning change, the project vicinity, the FLUM, implementing zoning districts, the adjacent zoning, the difference between R-4 and R-5 zoning, the zoning criteria, no public comment received, and the recommendations. 02:44:32 Questions of Staff 02:55:59 Applicant Presentation 82 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 11 of 12 Ethan Cote and Drew Kirsch from C&H Engineering, and Jason Zalac, applicant, presented the application. Mr. Cote stated the intent is to build entry-level priced condo units, but do not have conceptual drawings. He stated the potential to review the stormwater portion during future development steps. He presented the vicinity, the neighboring zoning, a statement justifying the request for R-5 zoning, proximity to commercial and community services, the zoning criteria, 03:07:12 Questions of Applicant 03:10:52 Public Comment There were no public comments on this item. 03:14:00 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 21172 and move to recommend approval of the Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:14:29 Discussion DM Cunningham agreed with staff's findings related to the zoning criteria and that this application does not meet the criteria for spot zoning. He highlighted differences in housing types between condos and apartments. Cr. Madgic agreed with the stated findings. She stated the difficulty associated with looking at the big picture with smaller parcels. She agreed with Cr. Coburn's point related to neighborhood scale commercial use in the area. Mayor Andrus agreed with the previous comments and appreciated the presentations. 03:21:38 Vote on the 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 21172 and move to recommend approval of the Lot 5C, Annie Subdivision Phase 2 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 I) 03:21:59 FYI / Discussion • DM Cunningham stated interest in learning more about the decision made for the Midtown District referenced in public comments. He asked about the criteria related ARPA grants and 83 Bozeman City Commission Meeting Minutes, September 14, 2021 Page 12 of 12 their allocation to ensure they are being fairly judged. He stated interest in discussions with the County and HRDC for funding a 24/7 shelter. J) 03:25:30 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas Deputy City Clerk Approved on: September 28, 2021 84 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Interim Accounting Technician Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:September 28, 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: September 15, 2021 85 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Water Resources Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Release and Reconveyance of Easements Releasing a Utility Easement to Village Investment Group, Inc. for The Parklands at Village Downtown File Plat (21167) MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Release and Reconveyance of Easements releasing a utility easement to Village Investment Group, Inc. for The Parklands at Village Downtown File Plat (21167). 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:None Attachments: Release and Reconveyance of Easements Report compiled on: September 15, 2021 86 87 88 89 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 ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign Temporary Construction Permits and Right-of-Way documents with ExxonMobil 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:None. There is no cost associated with this Right of Entry Agreement. Attachments: 20210913 ExxonMobil right of entry w Fig1.pdf 90 Report compiled on: September 16, 2021 91 ExxonMobil Pipeline Company Harry Janke 22777 Springwoods Village Parkway Vice President Spring, Texas 77389 Business Development & Joint Interest (832) 624-7903 Telephone (281) 753-8606 Mobile harry.janke@exxonmobil.com September 13, 2021 Mr. Taylor Lonsdale Engineer City of Bozeman 20 E Olive St # 202 Bozeman, MT 59715 RE: Letter Agreement for Right of Entry to conduct road construction activities to tie-in to Exxon Mobil Corporation’s existing approach at Griffin Drive and perform grading work on the north side of Exxon Mobil Corporation’s Terminal Fee Property, being a tract of land, known as Tract C-1 (Remainder), C.O.S. 205, located in the NW1/4, Section 6, Township 2 South, Range 6 East, M.P.M., containing 13 acres more or less, situated in Gallatin County, Montana Dear Mr. Lonsdale: This letter is in response to a request from the City of Bozeman (“COB”), for Right of Entry to the above referenced Exxon Mobil Corporation (“EMC”) property, for the purpose of conducting road construction activities to tie-in to EMC’s existing approach at Griffin Drive and perform grading work on the north side of EMC’s Terminal Fee Property (the “Work”). Please be advised that EMC does grant said request, pursuant to the following terms and conditions: 1. The term of this Letter Agreement shall be for a maximum of 90 days, commencing September 1, 2021, unless subsequently amended in writing by mutual agreement of EMC and COB. 2. COB’s vehicular access to, from and across EMC’s property shall be limited to the “Temporary Construction Area” identified in the attached Figure 1. COB, its subsidiaries, affiliates, contractors and agents shall give 24-hour written notification via email to EMC’s Bry Allen prior to entering the property for activities that will not restrict traffic or block access to EMC’s property. 3. COB, its subsidiaries, affiliates, contractors, and agents agree to notify via email to EMC’s Bry Allen of its work schedule and confine its work to those hours. Any night or weekend access will require EMC’s prior consent. 4. COB, its employees, contractors and agents shall not store hazardous materials of any nature upon EMPCo’s property. Additionally, COB shall not permit equipment maintenance of any kind to be performed upon EMC’s property. 5. Upon completion of the COB project improvements for which access is hereby provided, COB shall restore the property as nearly as possible to its original condition, including repairing damage to EMC’s approach and road pavement at the COB’s expense. COB shall be responsible for removing existing fencing located in the right-of-way for Griffin Drive as identified in the attached Figure 1 (the “Relocated Fence”). COB shall be responsible for installing and maintaining temporary chain-link fencing in location and in detail as agreed to by both parties until the permanent fence is installed. COB and EMC shall mutually agree upon the temporary fencing details to be installed prior to the Relocated Fence removal. Once the Work is complete, COB shall remove the temporary fencing and EMC shall install permanent fencing outside the right-of-way for Griffin Drive. 6. COB, its employees, contractors and agents shall at all times conduct its activities in a safe, responsible manner while upon EMC’s property, complying with all applicable local, state and federal laws. 7. COB, its employees, contractors and agents shall not at any time restrict traffic or block access to EMC’s property, unless COB, its subsidiaries, affiliates, contractors and agents give 72-hour written notification via email to EMC’s Bry Allen prior to restricting traffic or blocking access to EMC’s property. All proposed traffic and access restrictions will not last for more than 4 hours at a time and will not be between EMC’s peak business hours of 6am to 3pm. 8. To the extent allowed by law, COB shall defend, indemnify and hold harmless EMC and its parents, subsidiaries, affiliates, successors, assigns, and their respective directors, officers, employees, shareholders, representatives and agents, except to the extent arising out of the negligence, gross negligence or intentional misconduct of EMC, its agents or employees, from and against 92 Page 2 of 2 City of Bozeman September 13, 2021 any and all claims, damages, losses, liabilities, expenses, lawsuits, deficiencies, interest and penalties, including reasonable attorney’s fees, resulting from COB’s, its employee’s, contractor’s and agent’s exercise of its rights hereunder. 9. The rights granted under this Letter Agreement terminates upon successful completion of the project improvements upon EMC’s property or in 90 days, whichever occurs first. This Letter Agreement may be amended with written approval from both parties. 10. No excavation or digging of any sort is permitted on EMC referenced property without prior approval. 11. EMC will not allow any samples to be collected. This letter does not grant consent of any geotechnical or environmental investigations. 12. This Letter Agreement is personal to COB and may not be sold, transferred or assigned. 13. COB acknowledges that execution of this Letter Agreement grants no other rights other than the above, nor does it imply that additional rights or permissions will be granted for future projects or construction. 14. All communication pursuant to this agreement may be made: Bry Allen Bozeman Terminal Foreman 220 West Griffin Drive Bozeman, MT 59715 406-586-6927 bry.allen@exxonmobil.com If COB is agreeable to the specified terms and conditions of this agreement, please have an authorized representative sign in the space provided below and return to Mike McNally at ExxonMobil Pipeline Company, 607 ExxonMobil Road, Billings, MT 59101. Very truly yours, Harry Janke Agent and Attorney-in-Fact, Exxon Mobil Corporation City of Bozeman By:___________________________ Title:___________________________ Date: _____________, 2021 93 94 Memorandum REPORT TO:City Commission FROM:Mike Gray, Facilities Superintendent Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Olympus Technical Service Inc. for Oil Sand Interceptor Maintenance at City Properties MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign Professional Service Agreement with Olympus Technical Service Inc. for Oil Sand Interceptor Maintenance at City Properties STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City has requirement to perform maintenance on Oil Sand Interceptors at our facilities. This is a compliance requirement that requires dedicate maintenance schedules. This agreement provides the City with negotiated pricing for the duration of the contract. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Funds are allocated in the approved budgets for Facilities, Streets, Landfill, and Parking Divisions to pay for these services. Attachments: PSA Olympus Technical Service Inc. - Oil Sand Interceptor Maintenance 9 -1-2021.pdf PSA EXHIBIT A Scope of Work - Olympus Technical Services R2.pdf Report compiled on: September 14, 2021 95 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of September, 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, Olympus Technical Services Inc., 765 Colleen Street, Helena, MT 59601, 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 2026, 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 services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the 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, 96 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 2 of 10 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific 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 97 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 3 of 10 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 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 98 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 4 of 10 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 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 the Commercial General, Employer’s Liability, 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. 99 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 5 of 10 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. 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 100 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 6 of 10 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, 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 Gray, Facilities Superintendent 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 Kevin Rauch, Program Manager 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 101 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 7 of 10 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. 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). 102 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 8 of 10 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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 103 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 9 of 10 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. 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. 104 Professional Services Agreement for Oil Sand Interceptor Maintenance Page 10 of 10 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. **** 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 Olympus Technical Services Inc. CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 105 EXHIBIT A Scope of Service General: • Contractor will work with City’s point of contact for the scheduling of work prior to starting any work. • Contractor will be responsible for any damage caused while providing the contracted services. • Invoicing will be on a per service basis for each individual property. • If rates increase during the contract period, base prices will increase as needed. Contractor is required to notify City prior to increases going into effect. • If additional City OSI sites require maintenance, rates will be based on current rate sheet. 106 765 Colleen Street ⚫ Helena, MT 59601 (406) 443-3087 ⚫ Fax (406) 443-0232 January 28, 2020 Mike Gray, Facilities Superintendent City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 via email to mgray@bozeman.net Re: Deicer Storage Tank Disposal Shelby Maintenance Facility Olympus Proposal No. AP2401 Dear Mr. Gray: Olympus Technical Services, Inc. (Olympus) is pleased to present this proposal for cleaning of six Oil/Sand Interceptor (OSI) components at five City of Bozeman facilities. The facilities include: • Solid Waste at 2143 Story Mill Road, • Vehicle Maintenance at 1812 North Rouse Avenue, • Parking Garage at 26 East Mendenhall Street (two OSI components), • Fire station No. 2 at 410 South 19th Avenue, and • Fire Station No. 3 at 1704 Vaquero Parkway. The City records show that the OSI at the vehicle maintenance building is a 1,000-gallon unit manufactured by Anderson Precast & Supply in Bozeman. Records were not available for the Solid Waste, or Fire Station No. 3 systems; however, the systems look similar to the vehicle maintenance systems and are assumed to be similar 1,000-gallon units. The system at Fire Station No. 2 was cleaned in October 2019 and consists of a center floor drain that discharges to a 60-inch x 30-inch x 30-inch sediment vault and then to a 24-inch x 24- inch x 48-inch secondary vault. The system at the parking garage includes three separate components: • 900-gallon STC 900 Precast Concrete Stormceptor single chamber system locate in the adjacent alley that receives stormwater and sediment from the first through fourth floors of the parking garage, • a Jay R. Smith Model 8579 Large Capacity Steel Oil Interceptor located in the mechanical room in the northeast corner of the basement level of the parking garage that receives fluids and sediment from the basement level, and • a pump station that receives fluids from the adjacent oil interceptor. During as site visit on November 18, 2019, Olympus collected measurement of the thickness of liquid and sediment in the system components that were accessible. The estimated volumes, 107 City of Bozeman Oil/Sand Interceptor Cleaning January 28, 2020 2 of 4 AP2405 p 01-20.docx based on the thickness measurements and system dimensions, in each system are sown below. OSI Volume Summary Location Volume in Gallons Liquid Sediment Total Vehicle Maintenance OSI 365 617 982 Solid Waste OSI 449 589 1,038 Fire Station No. 3 757 234 991 Fire Station 2 353 0* 353 Parking Garage - Alley 300** 600** 900 Parking Garage - Basement 190* 390* 580 Total (gallons) 2,414 2,430 4,844 Total (cubic yards) 12 12 24 * No measurements were taken since OSI was cleaned in October 2019. ** OSI components could not be accessed during site visit. Assumed to be 1/3 water and 2/3 sludge for estimating purposes. Olympus proposes to complete the work in three tasks: • Task 1 – Mobilization and Demobilization • Task 2 – OSI Cleaning and Waste Stabilization • Task 3 – Waste Characterization and Disposal A description of the proposed scope of work for each task is provided below. Task 1 – Mobilization and Demobilization We propose to mobilize to the site with a crew of four and the following equipment for the cleaning and stabilization: • 1,000-gallon vacuum trailer for removal and temporary storage of liquids, • 550-gallon hydro-vac trailer for sludge removal and transport, • a dump trailer with sawdust for stabilization of OSI sludge from the system components, and • a mini excavator for mixing of OSI sludge and sawdust. Task 1 also includes preparation of a site-specific health and plan and project management. Task 2 – OSI Cleaning and Waste Stabilization Each system component will be accessed by removing manhole covers. Liquids from the top of each vault will be removed and temporarily stored with the vacuum trailer. After removal of liquids, the solids and remaining liquid (i.e., sludge) will be removed with the hydro-vac trailer. Once the solids are removed, the liquid stored in the vacuum trailer will be placed back into the OSI. For the OSI to function properly, it must have water in the vaults for oil to float on top of an be collected with sorbent pads. Returning the collected liquid to the OSI help to fulfill this requirement, although additional makeup water may be required. 108 City of Bozeman Oil/Sand Interceptor Cleaning January 28, 2020 3 of 4 AP2405 p 01-20.docx The cleaning of most of the OSIs is relatively straight forward; however, the parking garage basement presents some logistical challenges. The maximum clearance height for vehicles and equipment is 7 feet, 3 inches. The hydro-vac trailer will fit this height limitation, but the liquids vacuum trailer will not. Additionally, the approach to the basement has narrow curbing and a “hairpin” corner that limits access. The hydro-vac trailer is usually pulled with a ¾-ton pickup, but the combination and length of the two will likely not make the “hairpin” corner. We propose to use a skid-steer loader with a trailer hitch attachment that goes on the forks to move the hydro-vac trailer to the basement. The skid-steer loader has a much tighter turning radius that can work the hydro-vac trailer through the narrow passage. We will not be able to pull the liquids off separately so that will require some extra stabilization of liquids. We may be able to decant some liquid from the hydro-vac back into the OSI, but we will have to be careful not to re- introduce solids in the process. We understand that the City will provide a lay-down area for temporary storage and stabilization of the OSI sludge. The landfill cannot accept waste with free-draining liquids. Stabilization includes mixing the wet OSI sludge with sawdust to absorb the free-draining liquids. We will lay down plastic sheeting and cover it with sawdust and a sawdust berm around the perimeter to contain the sludge. The sludge will be mixed with a mini-excavator until there are no free- draining liquids. We have estimated that it will take a 4-person crew three days to remove the liquids and sludge from the six identified OSI components, haul them to the laydown area, and stabilize the sludge. Task 3 – Waste Characterization and Disposal Olympus contacted the Gallatin County Solid Waste Department to find out the analytical requirements for waste profiling. A waste profile sample will be collected from the solidified sludge and submitted to Energy Laboratories in Helena, Montana, for analysis of Volatile Petroleum Hydrocarbons (VPH), Extractable Petroleum Hydrocarbons Screen (EPH Screen), and Resource Conservation and Recovery Act (RCRA) metals per the landfill and Montana Department of Environmental Quality (DEQ) requirements. EPH fractions must be analyzed if the EPH Screen results exceed 200 mg/Kg. The analytical results of the waste profile sample will be provided to Gallatin County to profile the waste for disposal at the Logan Landfill. The landfill tipping fee is $27 per ton. The stabilized waste will be left at the solid waste facility and covered with plastic until the profile is approved by Gallatin County and the Montana DEQ. Olympus will mobilize a 1-person crew with a skid steer and dump trailer to load and haul the waste to the landfill. We estimate that it will take 1 day to haul the sludge to the landfill with the dump trailer. The cost includes travel from Helena to Bozeman and back plus an estimated 5 round trips to the landfill. As an alternative to reduce costs, the City can opt to load and haul stabilized sludge to the landfill with its own equipment and personnel and pay the tipping fees. This would reduce the estimated cost for Task 3 by approximately $2,600. Materials Cost Estimate A time and materials cost estimate has been prepared for the tasks identified in this proposal. Olympus’ Standard Rate Sheet for 2020 is provided in Attachment 1. The time and materials cost sheets are provided in Attachment 2. The costs are summarized below: 109 City of Bozeman Oil/Sand Interceptor Cleaning January 28, 2020 4 of 4 AP2405 p 01-20.docx Task 1 – Mobilization and Demobilization ................................................................... $2,290.75 Task 2 – OSI Cleaning and Waste Stabilization ........................................................ $19,063.89 Task 3 – Waste Characterization and Disposal ........................................................... $3,212.35 Total .......................................................................................................................... $24,566.99 We propose to complete the above scope of work on a time and materials basis in accordance with the attached cost schedules. The cost estimate in this proposal is based on representative hourly rates for various categories of personnel and expected project expenses. Our invoices will reflect actual charges based on the applicable schedules and may differ from the cost estimate in this proposal. Should you authorize these Services, you will be invoiced monthly, on a time and materials basis in accordance with this cost estimate. Should unforeseen circumstances arise and warrant further work and additional costs, Olympus will contact you prior to further efforts. Any changes to our agreement must be mutually agreed and in writing. Please acknowledge your acceptance of these Services by issuing a Purchase Order to authorize the work. We appreciate this opportunity to provide this proposal to the City of Bozeman. Please contact me at (406) 443-3087 or via email at krauch@olytech.com if you have any questions. Sincerely, Olympus Technical Services, Inc. Kevin S. Rauch, P.E. Program Manager Attachments: Olympus 2020 Standard Rate Sheet Time and Materials Cost Sheets for Tasks 1-3 cc: Tim Richardson (trichardson@bozeman.net) 110 City of Bozeman Oil/Sand Interceptor Cleaning January 28, 2020 AP2405 p 01-20.docx ATTACHMENT 1 OLYMPUS 2020 STANDARD RATE SHEET 111 Rates Valid Through Calendar Year 2020 LABOR CATEGORIES OT Rate Holiday Rate Rate Unit Expert Witness $288.00 hour Principal $150.00 hour Program Manager $134.00 hour Senior Project Engineer/Scientist $127.00 hour Project Engineer/Scientist $107.00 hour Staff Engineer/Scientist $100.00 hour Project Manager $118.00 $150.00 $97.00 hour Field Supervisor $105.00 $131.00 $86.00 hour Environmental Technician $88.00 $106.00 $70.00 hour Administrative Support $63.00 $74.00 $51.00 hour PER DIEM Meals Lodging OTHER DIRECT COSTS (ODC) Cost + 14% PERSONAL PROTECTIVE EQUIPMENT (PPE) Level B $135.00 person/day Compressed Air (SCBA)$50.00 bottle Level C $70.00 person/day Level D $35.00 person/day FR Gear (HRC 2)$25.00 person/day VEHICLES Pickup (1/2 ton, 3/4 ton, 1 ton)$70.00 day 2 Ton Truck $95.00 day Vehicle Mileage $0.63 mile 2 Ton Truck Mileage $0.95 mile HEAVY EQUIPMENT - All equipment prices are bare Backhoe $350.00 day Cat 320 $870.00 day Cat 320 Cleanout Bucket $65.00 day Water Truck $775.00 day Skid steer $280.00 day Sweeper for Skid Steer $145.00 day Drum Handler for Skid Steer $50.00 day Drum Rotator for Skid Steer $100.00 day Vacuum Trailer (Liquids)$250.00 day Vacuum Trailer (Solids)$440.00 day Equipment Trailer $125.00 day Tilt Bed Trailer $85.00 day Emergency Response Trailer $100.00 day Geoprobe Trailer $225.00 day Loading Ramp $75.00 day Jet Boat $450.00 day AIS Trailer $450.00 day Hot Water Pressure Washer Trailer $400.00 day Geoprobe-Bare $1,000.00 day GSA Rates (Receipted) Cost + 14% Field Purchases, Rental Equipment, Disposal, Subcontractors Credit Card Payments Will Be Assessed A 6% Surcharge This information may not be copied, disseminated, or provided to other parties without express knowledge and written permission of Olympus Technical Services, Inc.Page 1 112 Olympus Technical Services, Inc. Rates Valid Through Calendar Year 2020 FIELD TEST EQUIPMENT Rate Unit Air Flow Meter/Anemometer $55.00 day Air Sampling Pump – High Flow $20.00 day AquaTroll Meter $125.00 day Dissolved Oxygen Meter $35.00 day Earth Ground Resistance Meter $25.00 day Groundwater Sampling Filters $25.00 each Horiba U-52 Multiparameter w/ Flow Cell $100.00 day Interface Probe $45.00 day Micromanometer $25.00 day Miniram Particulate Meter $95.00 day Oxygen/Explosimeter $50.00 day ORP/pH/Conductivity Meter $40.00 day Petroflag Test Kit $75.00 day Petroflag Test Sample $25.00 sample Photoionization Detector $65.00 day Sampling/Decon Supplies $15.00 day Sludge Sampler $30.00 day Streamflow Meter $30.00 day Tedlar Bag $30.00 each Turbidity Meter $30.00 day Vacuum Sampling Equipment $25.00 day Water Level Probe $25.00 day Water Level Probe, Sonic $35.00 day Well Sampling Equipment $15.00 well YSI Pro Plus w/ Flow Cell $100.00 day SUPPORT EQUIPMENT Air Knife $75.00 day Barrel Dolly $10.00 day Barrel Grappler $5.00 day Barrel Liners $2.00 each Barricades $30.00 day Blower - SVE Test $75.00 day Broadcast Spreader $25.00 day Chain Link Fence Panels $20.00 week Compressor - Small $50.00 day Compressor - Large $180.00 day Confined Space Tripod and Winch $175.00 day Containment Boom $1.00 ft/day Coppus Blower $40.00 day Drill $10.00 day Drill - Rotary Hammer $60.00 day Drone $150.00 day Drone topographic mapping software $200.00 day Drum Deheader $20.00 day Drum Funnel $10.00 day Erosion Control - Blanket (100 SY)$175.00 roll Erosion Control - Wattles (9" x 25')$75.00 each Fall Protection Harness $20.00 day Generator- Portable (small <3000 watt)$50.00 day Generator- Portable (large >3000 watt)$100.00 day Glass Sampling Rods $3.00 each GPS - cm-grade $250.00 day GPS - handheld $25.00 day Hand Auger $10.00 day Hg Vacuum $200.00 day Jack Hammer $75.00 day Ladder (Tank Car)$50.00 day Laser Level $50.00 day This information may not be copied, disseminated, or provided to other parties without express knowledge and written permission of Olympus Technical Services, Inc.Page 2 113 Olympus Technical Services, Inc. Rates Valid Through Calendar Year 2020 SUPPORT EQUIPMENT - CONT. Rate Unit Leaf Blower $67.00 day PCB Cleaner $100.00 gallon Metal Detector $27.00 day Micro-Blaze $70.00 gallon Padlocks $25.00 each Powered Post Pounder $100.00 day Pressure Washer $30.00 day Propane Torch w/bottle $15.00 day Saw - Circular/Miter $25.00 day Saw - Demo $90.00 day Sawzall $25.00 day Soil Bags (1 cubic yd)$55.00 bag Soil Sement $35.00 gallon Sorbent - dry $12.50 bag Sorbent Booms (5”)$170.00 bale Sorbent Pads $115.00 bale Sorbent Sweep $180.00 bale Surge Block $10.00 day Survey Level and Rod $40.00 day Tank - Poly $40.00 day Torch Set (gas additional)$20.00 day Total Survey Station $100.00 day Traffic Control Sign w/stand $30.00 day Vac-U-Max $40.00 day Visqueen - 6 mil. (20' x 100')$175.00 roll Welder $150.00 day PUMPS AND HOSES 1/2"-1" Pump, Air Diaphragm or Gas $45.00 day 2” Pump, Air Diaphragm or Gas $50.00 day 3” Pump, Air Diaphragm or Gas $60.00 day 1/2"-1" Sump Pump $25.00 day 2" Sump Pump $100.00 day 1" Chemical Transfer Pump $50.00 day 3" Chemical Transfer Pump $300.00 day 3" Crissafulli Pump $150.00 day Peristaltic Pump $22.00 day Bladder Pump $55.00 day Bladder Pump - Poly Bladders $5.00 each Bladder Pump - Teflon Bladders $50.00 each Tubing - Polyethylene $0.50 foot Tubing - Silicon $3.00 foot Tubing - Teflon $4.00 foot Well Sampling/Development/Submers. Pump $45.00 day SS Sampling Pump $100.00 day Hose - 2" Chemical Transfer $4.00 foot/day Hose - 3" Chemical Transfer $5.00 foot/day Hose - Disposable 4" ADS $90.00 roll Hose - Suction or Discharge $1.00 foot/day Hose - Vapor Recovery $1.00 foot/day BARRELS/ DRUMS/TOTES (Department of Transportation Rated) 5 gallon Pail $45.00 each 30 gallon Steel Open Head $137.00 each 30 gallon Poly $150.00 each 55 gallon Steel Open Head $150.00 each 55 gallon Steel Closed Head $126.00 each 55 gallon Poly Open Head $170.00 each 55 gallon Poly Closed Head $145.00 each 85 gallon Salvage Drum $350.00 each 95 gallon Poly Salvage Drum $400.00 each 330 gallon IBC Tote $320.00 each This information may not be copied, disseminated, or provided to other parties without express knowledge and written permission of Olympus Technical Services, Inc.Page 3 114 City of Bozeman Oil/Sand Interceptor Cleaning January 28, 2020 AP2405 p 01-20.docx ATTACHMENT 2 TIME AND MATERIALS COST SHEETS FOR TASKS 1-3 115 Date:1/28/2020 Client: Project Name: Olympus Project/Proposal No.: Task 1 - Mobilization and Demobilization ODC 14% Labor Quantity Unit Rate Cost Program Manager 2 Hours $134.00 $268.00 Project Scientist/Engineer 2 Hours $107.00 $214.00 Project Manager 4 Hours $97.00 $388.00 Field Supervisor 4 Hours $86.00 $344.00 Environ Tech/Equipment Operator 8 Hours $70.00 $560.00 Administrative Support 0.25 Hours $51.00 $12.75 Labor Subtotal $1,786.75 Materials & Equipment Quantity Unit Rate Cost Mileage - P/U 800 Mile $0.63 $504.00 Materials & Equipment Subtotal $504.00 Other Direct Charges (ODC)Quantity Unit Rate ODC*Cost ODC Items*0 14.0%$0.00 Other Direct Charges Subtotal $0.00 Comments/Notes: 1.Subtotal $2,290.75 2. 3.Contingency 0.0%$0.00 4. 5.GRAND TOTAL $2,290.75 Olympus Technical Services, Inc. Cost Estimate City of Bozeman Oil/Sand Interceptor Cleaning AP2405 116 Date:1/28/2020 Client: Project Name: Olympus Project/Proposal No.: Task 2 - OSI Cleaning and Waste Stabilization ODC 14% Labor Quantity Unit Rate Cost Program Manager 3 Hours $134.00 $402.00 Project Manager 24 Hours $97.00 $2,328.00 Project Manager OT 6 Hours $118.00 $708.00 Field Supervisor 24 Hours $86.00 $2,064.00 Field Supervisor OT 6 Hours $105.00 $630.00 Environ Tech/Equipment Operator 48 Hours $70.00 $3,360.00 ET/Equipment Operator OT 12 Hours $88.00 $1,056.00 Administrative Support 0.75 Hours $51.00 $38.25 Labor Subtotal $10,586.25 Materials & Equipment Quantity Unit Rate Cost Pickup (1/2 ton, 3/4 ton, 1 ton)12 Day $70.00 $840.00 Mileage - P/U 240 Mile $0.63 $151.20 Tilt Bed Trailer 3 Day $85.00 $255.00 Vac Trailer - Solids 3 Day $440.00 $1,320.00 Vac Traier - Liquids 3 Day $250.00 $750.00 Sorben Booms (5" Diameter)2 Bale $170.00 $340.00 Visqueen 2 Ea $175.00 $350.00 Per diem 12 Day $50.00 $600.00 Materials & Equipment Subtotal $4,606.20 Other Direct Charges (ODC)Quantity Unit Rate ODC*Cost Lodging 12 Day $100.00 *$1,200.00 Mini Excavator 3 Day $320.00 *$960.00 Dump Trailer 3 Day $150.00 *$450.00 Sawdust 12 CY $25.00 *$300.00 Skid Steer Rental 1 Day $336.00 *$336.00 Equipment Fuel 50 Gal $3.00 *$150.00 ODC Items*3396 14.0%$475.44 Other Direct Charges Subtotal $3,871.44 Comments/Notes: 1.Subtotal $19,063.89 2. 3.Contingency 0.0%$0.00 4. 5.GRAND TOTAL $19,063.89 Olympus Technical Services, Inc. Cost Estimate City of Bozeman Oil/Sand Interceptor Cleaning AP2405 117 Date:1/28/2020 Client: Project Name: Olympus Project/Proposal No.: Task 3 - Waste Characterization and Disposal ODC 14% Labor Quantity Unit Rate Cost Program Manager 1 Hours $134.00 $134.00 Field Supervisor 8 Hours $86.00 $688.00 Field Supervisor OT 4 Hours $105.00 $420.00 Administrative Support 0.25 Hours $51.00 $12.75 Labor Subtotal $1,254.75 Materials & Equipment Quantity Unit Rate Cost Pickup (1/2 ton, 3/4 ton, 1 ton)1 Day $70.00 $70.00 Mileage - P/U 500 Mile $0.63 $315.00 Skid Steer 1 Day $280.00 $280.00 Per diem 1 Day $50.00 $50.00 Materials & Equipment Subtotal $715.00 Other Direct Charges (ODC)Quantity Unit Rate ODC*Cost Dump Trailer 1 Day $150.00 *$150.00 Disposal 20 Tons $27.00 *$540.00 EPH Screen Analysis 1 Ea $75.00 *$75.00 EP Fraction Analysis 1 Ea $75.00 *$75.00 VPH Analysis 1 Ea $120.00 *$120.00 RCRA Metals Analysis 1 Ea $130.00 *$130.00 ODC Items*1090 14.0%$152.60 Other Direct Charges Subtotal $1,242.60 Comments/Notes: 1.Subtotal $3,212.35 2. 3.Contingency 0.0%$0.00 4. 5.GRAND TOTAL $3,212.35 Olympus Technical Services, Inc. Cost Estimate City of Bozeman Oil/Sand Interceptor Cleaning AP2405 118 Memorandum REPORT TO:City Commission FROM:Mike Gray, Facilities Superintendent Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Tri-County Heating and Cooling for HVAC Maintenance Services at City Properties MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign Professional Service Agreement with Tri- County Heating and Cooling for HVAC Maintenance Services at City Properties STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City has Preventative Maintenance Programs for our buildings and equipment that required qualified service personal to perform this type of work. This contract will provide this service to the City to insure that our assets are well maintained, it also provides negotiated pricing for the duration of this contract. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Funds are allocated in the approved individual Division Budgets to pay for these services. Amount is not specified since it is based on per service, per site charges for repairs and maintenance activities. Attachments: Professional Services Agreement - Tri-County Heating and Cooling - HVAC Maintenance Services R2.pdf PSA Exhibit A - Tri-County Heating and Cooling Inc. - HVAC Maintenance Services - City Buildings - Combined.pdf Report compiled on: September 14, 2021 119 Professional Services Agreement for HVAC Maintenance Services Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of September, 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, Tri-County Heating and Cooling, 509 E. Park Street, Livingston, MT 59047, 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, 2026, 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 services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the 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 120 Professional Services Agreement for HVAC Maintenance Services Page 2 of 10 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific 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 121 Professional Services Agreement for HVAC Maintenance Services Page 3 of 10 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 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 122 Professional Services Agreement for HVAC Maintenance Services Page 4 of 10 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 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 the Commercial General, Employer’s Liability, 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. 123 Professional Services Agreement for HVAC Maintenance Services Page 5 of 10 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. 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 124 Professional Services Agreement for HVAC Maintenance Services Page 6 of 10 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, 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 Gray, Facilities Superintendent 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 Lee Estes 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 125 Professional Services Agreement for HVAC Maintenance Services Page 7 of 10 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. 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). 126 Professional Services Agreement for HVAC Maintenance Services Page 8 of 10 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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 127 Professional Services Agreement for HVAC Maintenance Services Page 9 of 10 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. 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. 128 Professional Services Agreement for HVAC Maintenance Services Page 10 of 10 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. **** 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 Tri-County Heating and Cooling CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 129 Exhibit A Scope of Service General Information • Service Provider will schedule dates/times of maintenance activities with Owner prior to arrival so we can schedule our time to support these activities. • Technician is required to notified facilities staff prior to arriving on site (Safety), this allow facilities staff to notified our clients of the work taking place and to schedule our time to support. • Equipment filters are changed by owner • Preventative Maintenance tasks will follow the PM sheet activities provided on the Tri- County Heating and Colling (TCHC) maintenance sheets. • PM sheets will be filled out completely with correct ID#'s, M/N, & S/N so they can be attached to Owner’s work order. Written Documentation will be legible. • PM sheets will be provided to the Owner with invoicing. • Corrective actions noted on PM sheets will be approved by Owner prior to taking place. • Equipment with smaller single drive belts will be included in the PM charge, equipment will multiply drive belts will be billed to the owner separately with the PM Charge. TCHC will provide and replace the belts. Belts will be changed as noted: Cooling equipment Belts will be changed annually without exception on the Spring PM schedule. Heating equipment Belts will be changed annually without exception on the Fall PM schedule. • Billing will be as follows: Each location will be invoice separately, each piece of equipment at that location will be on individually line item. • Trip charge: Billed one time for the day if more then one location is being service. If TCHC is already in Bozeman no trip charge will be added. • Repairs will be billed on Time and Materials bases as requested by Owner. • Contractor will notify Owner of any expect increases in labor or materials that will change the negotiated price prior to increase. Locations • See Attached Spreadsheet General Rates • Technician Rates for all trades $124.95 • Trip Charge $42.00 130 Building Equipment Spring Fall Alternate Comments Belts w/PM Belts Additional Cost Per Service Total City Hall AHU-1 X Cond Roof, Evap Mech Rm, Supply 3 Belts, Return 2 Belts X 213.68$ 213.68$ 121 N. Rouse Ave AHU-2 X Commission Room X 213.68$ 213.68$ AC-1 3X Yr Condensor on roof, Evaporator in IT Room 213.68$ 641.04$ UH-1 X Employee Hallway 62.48$ 62.48$ Professional Building AHU-1 X Cond Roof, Evap Mech Rm, Supply 3 Belt, Return 3 Belts X 213.68$ 213.68$ 20 E. Olive St AHU-2 X Roof, 1 belt X 156.45$ 156.45$ AC-1 (IT Server Rm)X X 2X yr Ext East Pad, South Unit, Daikin Unit 213.68$ 427.36$ AC-2 (IT Server Rm)X X 2X yr Ext East Pad, North Unit, Daikin Unit 312.38$ 624.76$ Library AHU-1/Cold Deck X Condensor - Dock Area, South Unit, 6 belts X 749.70$ 749.70$ 626 E. Main St.AHU-1/Hot Deck X Heat Coil -Mech Rm, North Unit, 3 belts X 677.25$ 677.25$ AC-1 X IT Server Rm 203.18$ 203.18$ Senior Center AHU-1 X 2nd Floor behind RSVP, 1 belt X 156.44$ 156.44$ 807 N. Tracy Ave AHU-2 X Mech Rm behind Weight Room, 1 belt X 156.44$ 156.44$ AC-3 (Furn-3 split)X 2nd Floor behind bathroom X 156.44$ 156.44$ Furn-3 (AC-3 split)X 2nd Floor behind bathroom 156.44$ 156.44$ AHU-4 X Rec Rm Ceiling, 1 belt X 124.95$ 124.95$ AHU-5 X Mech Rm behind Exercise Room, 1 belt X 124.95$ 124.95$ AC-1 (Furn-1 split)X AC South Exterior 156.44$ 156.44$ Furn-1 (AC-1 split)X 2nd Hand Rose Closet, Price includes AC-1 split 261.45$ 261.45$ Furn-2 X 2nd Hand Rose Closet 181.65$ 181.65$ UH-1 X Storage Rm 2nd Hand Roses 62.48$ 62.48$ UH-2 X Basement Hallway by Mech Rm Door 62.48$ 62.48$ UH-3 X Basement Riser Room X 62.48$ 62.48$ Fire Station #1 AHU-1 X Evaporator Basement, 1 belt X 181.65$ 181.65$ 34 N. Rouse Ave UH-1 X Engine Bay, SW Corner, steam 62.48$ 62.48$ UH-2 X Engine Bay, NW Corner, steam 62.48$ 62.48$ UH-3 X Engine Bay, NE Corner, steam 62.48$ 62.48$ UH-4 X Engine Bay, SE Corner, steam 62.48$ 62.48$ Fire Station #2 AC-1 (Furn-1 split)X Exterior East Side 260.40$ 248.00$ 131 410 S. 19th Ave Furn-1 (AC-1 split)X Living Quarters closet AC-2 (Furn-2 split)X Exterior East Side 260.40$ 260.40$ Furn-2 (AC-2 split)X Sleeping Quarters closet UH-1 X Engine Bay 59.50$ 59.50$ UH-2 X Engine Bay 59.50$ 59.50$ North Shop AC-1 (Furn-1 split)X NW Corner of North Shop 260.40$ 260.40$ 814 N. Bozeman Ave Furn-1 (AC-1 split)X NW Mech Rm AHU-1 (Furn-2 split)X Roof Meter Shop, 1 belt X 260.40$ 260.40$ Furn-2 (AHU-1 split)X Meter Shop MAU-1 X Roof Meter Shop, 1 belt X 203.00$ 203.00$ UH-1 X Water Shop 62.48$ 62.48$ UH-2 X Water Shop 62.48$ 62.48$ UH-3 X Water Shop 62.48$ 62.48$ UH-4 X Water Shop 62.48$ 62.48$ UH-5 X Fork Lift Bay 62.48$ 62.48$ West Shop AC-1 (Furn-1 split)X South Ext 260.40$ 260.40$ 814 N. Bozeman Ave Furn-1 (AC-1 split)X Mech Rm AC-2 (Furn-2 split)X South Ext 260.40$ 260.40$ Furn-2 (AC-2 split)X Mech Rm AC-3 (Furn-3 split)X South Ext 260.40$ 260.40$ Furn-3 (AC-3 split)X Mech Rm South Shop UH-1 X SW Corner, Broken Heat Exchanger 124.95$ 124.95$ 814 N. Bozeman Ave UH-2 X Center, Out of Order 124.95$ 124.95$ UH-3 X SE Corner 124.95$ 124.95$ UH-4 X North-Center 124.95$ 124.95$ UH-5 X East CenterWash Bay 124.95$ 124.95$ East Shop UH-1 X 124.95$ 124.95$ 814 N. Bozeman Ave UH-2 X 124.95$ 124.95$ North East Shop (parks)UH-1 X 124.95$ 124.95$ 814 N. Bozeman Ave Vehicle Maint HP-1 (Furn-1 split)X 260.40$ 260.40$ 1812 N. Rouse Ave Furn-1 (Furn-1 split)X HP-2 (Furn-2 split)X 260.40$ 260.40$ Furn-2 (Furn-2 split)X 132 UH-1 X 124.95$ 124.95$ UH-4 X 124.95$ 124.95$ UH-5 X 124.95$ 124.95$ Beall Furn-1 X X 124.95$ 124.95$ 415 N Bozeman Ave Lindley Furn-1 X X 124.95$ 124.95$ 1102 E. Curtiss Parking Garage AHU-10 X X 2nd Floor behind fencing 330.00$ 660.00$ 26 E. Mendenhall 133 134 135 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign a Master Services Agreement with DocuSign for City-Wide Use MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a master services agreement with DocuSign for city wide use. STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:In response to the Covid-19 pandemic, the City of Bozeman has increasingly relied on electronic signatures for processing documents, both internally and externally. The City Clerk's Office received quotes from multiple platforms and ultimately selected to remain with DocuSign. Moving the City to an enterprise-wide platform provides for transparency in costs, improves reporting on usage, and increases efficiencies in document processing. An additional benefit to such aggregated reporting is a demonstrable savings related to both paper usage and the savings for maintenance and operations of city printers in furtherance of the City's climate action goals. UNRESOLVED ISSUES:None identified. ALTERNATIVES:At the direction of the City Commission. FISCAL EFFECTS:Total costs of $17,135.51 have been budgeted by the City Clerk's Office. Attachments: City of Bozeman - DocuSign Order Form.pdf City of Bozeman - DocuSign MSA.pdf Report compiled on: September 16, 2021 136 DocuSign, Inc. 221 Main Street, Suite 1000 San Francisco, CA 94105 Offer Valid Through: Aug 20, 2021 Prepared By: Louis Richman Quote Number: Q-00556619 ORDER FORM Address Information Bill To: Ship To: City of Bozeman City of Bozeman PO Box 1230, Bozeman, MT, 59771 United States PO Box 1230, Bozeman, MT, 59771 United States Billing Contact Name: Shipping Contact Name: Mike Maas Mike Maas Billing Email Address: mmaas@bozeman.net Shipping Email Address: mmaas@bozeman.net Billing Phone: 4065822321 Shipping Phone: 4065822321 Order Details Order Start Date: Aug 1, 2021 Payment Method: Check Order End Date: Jul 31, 2022 Payment Terms: Net 30 Billing Frequency: Annual Currency: USD Products Product Name Start Date End Date Quantity Net Price Enterprise Premier Support Aug 1, 2021 Jul 31, 2022 1 $3,090.01 eSignature Enterprise Pro for Gov - Env (Adopt.Accel.) Aug 1, 2021 Jul 31, 2022 2,400 $14,045.50 Grand Total: $17,135.51 Product Details eSignature Envelope Allowance: 2,400 Order Special Terms 137 Page 2 of 3 For the Adoption Accelerator package(s) purchased in this Order Form, for the duration of the contract Term, no overage charges shall apply for reasonable use of the Subscription Services that exceeds the specified Seat and/or Envelope Allowance. Reasonable use is defined as 125% of the specified seat and/or envelope allowance. Usage is limited to a single use case, to a single site ID, and is a non-transferrable in the event that Customer acquires an entity or is acquired. The Adoption Accelerator package is not renewable; however, upon renewal, Customer may elect to purchase the same functionality with the same number of Seats and/or Envelopes listed as estimated usage on this Order Form at the same annual fee plus 7%. Both parties hereby agree that the following Order Forms identified by their Order Start Dates will be terminated upon the Order Start Date of this Order Form: August 13, 2020 (Q-00487607) No credit will be provided for the above Order Form(s). Upon the Order Start Date of this Order Form, Web Subscriptions for Accounts listed below will be upgraded to a Corporate account, and a prorated refund for the prepaid portion of the remaining Term of the web subscriptions will be provided to the Subscriber: [City of Bozeman] Site ID(76596191-na3) [Bozeman Parks and Recreation] Site ID(77597535-na3) [Natalie Meyer] Site ID(33038190-na3) [City of Bozeman, Community Development] Site ID(75669369-na3) [City of Bozeman] Site ID(77776215-na3) [City of Bozeman - Finance] Site ID(1637414-na4) For clarification, the accounts listed below will remain open and will be governed by the Terms and Conditions described in this Order Form and will consume the products and services included herein. City of Bozeman with Site ID 76596191-na3 Bozeman Parks and Recreation with Site ID 77597535-na3 Natalie Meyer with Site ID 33038190-na3 City of Bozeman, Community Development Site ID 75669369-na3 City of Bozeman with Site ID 77776215-na3 City of Bozeman - Finance Site ID 1637414-na4 Terms & Conditions This Order Form is governed by the terms Master Services Agreement available online at: https://www.docusign.com/company/terms-and-conditions/msa and the applicable Service Schedule(s) and Attachments for the DocuSign Services described herein available online at https://www.docusign.com/company/terms-and-conditions/msa-service-schedules. 138 Page 3 of 3 Billing Information Prices shown above do not include any state and local taxes that may apply. Any such taxes are the responsibility of the Customer and will appear on the final Invoice. Is the contracting entity exempt from sales tax? Please select Yes or No: \tax1\ If yes, please send the required tax exemption documents immediately to taxexempt@docusign.com. Invoices for this order will be emailed automatically from invoicing@docusign.com. Please make sure this email is on an approved setting or safe senders list so notifications do not go to a junk folder or caught in a spam filter. Purchase Order Information Is a Purchase Order (PO) required for the purchase or payment of the products on this Order Form? Please select Yes or No: \por1\ If yes, please complete the following: PO Number: \po1\ PO Amount: $\pa1\ By signing this Agreement, I certify that I am authorized to sign on behalf of the Customer and agree to the Terms and Conditions of this Order Form and any documents incorporated herein. Customer DocuSign, Inc. Signature: \si1\ Signature: \si3\ Name: \na1\ Name: \na3\ Job Title: \ti1\ Job Title: \ti3\ Date: \ds1\ Date: \ds3\ \ \in2\ 139 Page 1 of 11 DOCUSIGN MASTER SERVICES AGREEMENT This DocuSign Master Services Agreement (“MSA”) is made between DocuSign, Inc., a Delaware corporation, (“DocuSign”) and the Customer identified on the Order Form (“Customer”), together referred to as the “Parties” and each individually as a “Party.” Specific services terms, product details and any applicable license and/or subscription terms will be set forth in applicable Service Schedule(s) (located at https://www.docusign.com/ company/terms-and-conditions/msa-service-schedules), Order Form(s) and SOW(s), each of which become binding on the Parties and are incorporated into this MSA upon execution of an Order Form and/or SOW. Each Order Form and/or SOW is governed by and incorporates the following documents in effect as of the date of last update of such documents, collectively referred to as the “Agreement” that consists of: 1. the Order Form and/or Statement of Work; 2. any attachments and/or appendix(ices) to a Service Schedule; 3. Service Schedule(s); and 4. this MSA. The applicable attachment(s), appendix(ices), and Service Schedule(s) is determined by the DocuSign Service(s) purchased on the Order Form and/or SOW. In the event of a conflict, the order of precedence is as set out above in descending order of control. MSA Version: December 18, 2019, edited by parties August 2021. Each Party agrees that the following terms and conditions govern each Order Form and/or SOW that references this MSA: TABLE OF CONTENTS 1. Definitions 2. Usage and Access Rights 3. Ownership 4. Security and Customer Data 5. Payment of Fees 6. Taxes 7. Term and Termination 8. Warranties and Disclaimers 9. Third-Party Claims 10. Limitation of Liability 11. Confidentiality 12. Governing Law and Venue 13. General 1. DEFINITIONS “Account” means a unique account established by Customer to enable its Authorized Users to access and use a DocuSign Service. “Account Administrator” is an Authorized User who is assigned and expressly authorized by Customer as its agent to manage Customer’s Account, including, without limitation, to configure administration settings, assign access and use authorizations, request different or additional services, provide usage and performance reports, manage templates, execute approved campaigns and events, assist in third-party product integrations, and to receive privacy disclosures. Customer may appoint an employee or a third-party business partner or contractor to act as its Account Administrator and may change its designation at any time through its Account. “Affiliate” of a Party means any entity that the Party directly or indirectly owns or controls more than fifty percent (50%) of the voting interests of the subject entity. Any legal entity will be considered a Party’s Affiliate as long as that interest is maintained. “Authorized User” means one individual natural person, whether an employee, business partner, contractor, or agent of Customer or its Affiliates who is registered by Customer to use the DocuSign Services. An Authorized User 140 Page 2 of 11 must be identified by a unique email address and user name, and two or more persons may not use the DocuSign Services as the same Authorized User. If the Authorized User is not an employee of Customer, use of the DocuSign Services will be allowed only if the user is under confidentiality obligations with Customer at least as restrictive as those in this Agreement and is accessing or using the DocuSign Services solely to support Customer’s and/or Customer Affiliates’ internal business purposes. “Confidential Information” means (a) for DocuSign and its Affiliates, the DocuSign Services and Documentation; (b) for Customer and its Affiliates, Customer Data; (c) any other information of a Party or its Affiliates that is disclosed in writing or orally and is designated as confidential or proprietary at the time of disclosure to the Party, including its Affiliates, receiving Confidential Information (“Recipient”) (and, in the case of oral disclosures, summarized in writing and delivered to the Recipient within thirty (30) days of the initial disclosure), or that due to the nature of the information the Recipient would clearly understand it to be confidential information of the disclosing Party; and (d) the specific terms and conditions of this Agreement between the Parties. Confidential Information does not include any information that: (i) was or becomes generally known to the public through no fault or breach of this Agreement by the Recipient; (ii) was rightfully in the Recipient’s possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by the Recipient without use of or reference to the disclosing Party's Confidential Information; (iv) was rightfully obtained by the Recipient from a third party not under a duty of confidentiality and without restriction on use or disclosure; or (v) recognizing Customer is a municipality, any information that is otherwise public by law. “Customer Data” means any content, eDocuments, materials, data and information that Customer or its Authorized Users enter into the DocuSign Cloud Services, including, but not limited to, any Customer personal data and information contained in eDocuments. Customer Data does not include any component of the DocuSign Cloud Services or material provided by or on behalf of DocuSign. “Documentation” means DocuSign's then-current technical and functional documentation for the DocuSign Services as made generally available by DocuSign. “DocuSign Cloud Service(s)” means any subscription-based, hosted solution that is supported and operated on demand and provided by DocuSign under this Agreement. “DocuSign Service(s)” means the services identified on the Order Form and/or SOW and obtained by Customer pursuant to this Agreement, including but not limited to DocuSign Cloud Services and Professional Services. “eDocument” refers to a contract, notice, disclosure, or other record or document deposited into the DocuSign Cloud Service by Customer for processing. “Indemnified Party(ies)” means, as the case may be, the Party (whether DocuSign or Customer) being indemnified for a third-party claim, including its employees, directors, agents, and representatives. “Indemnifying Party(ies)” means the Party (whether DocuSign or Customer) that is providing indemnification under Section 9 (Third-Party Claims). “Order Form” means the order form provided by DocuSign that sets forth the pricing and options of the DocuSign Services selected by Customer. “Order Start Date” means the start date of the applicable Order Form as defined in that Order Form. “Professional Services” means any integration, consulting, architecture, training, transition, configuration, administration, and similar ancillary DocuSign Services that are set forth in an Order Form or Statement of Work (“SOW”). “Service Schedule” means the service-specific terms and conditions applicable to the DocuSign Service(s). 2. USAGE AND ACCESS RIGHTS 2.1 Right to Use. DocuSign will provide the DocuSign Services to Customer as set forth in the Order Form and/or SOW. Subject to the terms and conditions of this Agreement, DocuSign grants to Customer a worldwide, limited, non-exclusive, non-transferrable right and license during the Term, solely for its and its Affiliates’ internal business purposes, and in accordance with the Documentation, to: (a) use the DocuSign Services; (b) implement, configure, and through its Account Administrator, permit its Authorized Users to access and use the DocuSign Services; and (c) access and use the Documentation. Customer will ensure that its Affiliates and all Authorized 141 Page 3 of 11 Users using the DocuSign Services under its Account comply with all of Customer’s obligations under this Agreement, and Customer is responsible for their acts and omissions relating to the Agreement as though they were those of Customer. 2.2 Restrictions. Customer shall not, and shall not permit its Authorized Users or others under its control to, do the following with respect to the DocuSign Services: (a) use the DocuSign Services, or allow access to it, in a manner that circumvents contractual usage restrictions or that exceeds Customer’s authorized use or usage metrics set forth in this Agreement, including the applicable Order Form or SOW; (b) license, sub-license, sell, re-sell, rent, lease, transfer, distribute, time share or otherwise make any portion of the DocuSign Services or Documentation available for access by third parties except as otherwise expressly provided in this Agreement; (c) access or use the DocuSign Services or Documentation for the purpose of: (i) developing or operating products or services intended to be offered to third parties in competition with the DocuSign Services, or (ii) allowing access to its Account by a direct competitor of DocuSign; (d) reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the DocuSign Services or technologies, unless and then only to the extent expressly permitted by applicable law, without consent; (e) use the DocuSign Services or Documentation in a way that: (i) violates or infringes upon the rights of a third party, including those pertaining to: contract, intellectual property, privacy, or publicity; or (ii) effects or facilitates the storage or transmission of libelous, tortious, or otherwise unlawful material including, but not limited to, material that is harassing, threatening, or obscene; (f) fail to use commercially reasonable efforts to not interfere with or disrupt the integrity, operation, or performance of the DocuSign Services or interfere with the use or enjoyment of it by others; (g) use the DocuSign Services to create, use, send, store, or run viruses or other harmful computer code, files, scripts, agents, or other programs, or circumvent or disclose the user authentication or security of the DocuSign Cloud Service or any host, network, or account related thereto or use any aspect of the DocuSign Services components other than those specifically identified in an Order Form or SOW, even if technically possible; or (h) use, or allow the use of, the DocuSign Services in violation of Section 13.5 (Trade Restrictions). 2.3 Suspension of Access. DocuSign may suspend any use of the DocuSign Services, or remove or disable any Account or content that DocuSign reasonably and in good faith believes violates this Agreement. DocuSign will use commercially reasonable efforts to notify Customer prior to any such suspension or disablement, unless DocuSign reasonably believes that: (a) it is prohibited from doing so under applicable law or under legal process (such as court or government administrative agency processes, orders, mandates, and the like); or (b) it is necessary to delay notice in order to prevent imminent harm to the DocuSign Services or a third party. Under circumstances where notice is delayed, DocuSign will provide notice if and when the related restrictions in the previous sentence no longer apply. 2.4 Trial Usage. If Customer registers for a free trial, promotional offer, or other type of limited offer for use of the DocuSign Services (“Free Trial”), Customer may be presented with additional terms and conditions when registering for a Free Trial, and any such additional terms and conditions are hereby incorporated into this Agreement by reference as a Service Schedule and are legally binding upon the Parties. ANY DATA THAT CUSTOMER ENTERS INTO THE DOCUSIGN SERVICES, AND ANY CONFIGURATIONS MADE BY OR FOR CUSTOMER, DURING THE FREE TRIAL WILL BE PERMANENTLY LOST AT THE END OF THE TRIAL PERIOD UNLESS CUSTOMER: (a) PURCHASES A SUBSCRIPTION TO THE SAME DOCUSIGN SERVICES AS THOSE COVERED BY THE TRIAL; (b) PURCHASES AN UPGRADED VERSION OF THE DOCUSIGN SERVICES; OR (c) EXPORTS SUCH DATA BEFORE THE END OF THE TRIAL PERIOD. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CONFIGURATIONS MADE DURING THE FREE TRIAL TO A DOCUSIGN SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, AND IN SUCH SITUATION ANY CUSTOMER DATA OR CUSTOMIZATION WILL BE PERMANENTLY LOST. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION SECTION 8 (WARRANTIES AND DISCLAIMERS), SECTION 9 (THIRD-PARTY CLAIMS), AND SECTION 10 (LIMITATION OF LIABILITY), 142 Page 4 of 11 FREE TRIALS ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, (y) WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (z) DOCUSIGN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO CUSTOMER’S USE OF THE FREE TRIAL IS $100. 3. OWNERSHIP 3.1 Customer Data. Customer Data processed using the DocuSign Services is and will remain, as between Customer and DocuSign, owned by Customer. Customer hereby grants DocuSign the right to process, transmit, store or disclose the Customer Data in order to provide the DocuSign Services to Customer, subject to the terms of Section 11.2 (Required Disclosure) below. 3.2 DocuSign Services. DocuSign, its Affiliates, or its licensors own all right, title, and interest in and to any and all copyrights, trademark rights, patent rights, database rights, and other intellectual property or other rights in and to the DocuSign Services and Documentation, any improvements, design contributions, or derivative works thereto, and any knowledge or processes related thereto and/or provided hereunder. Unless otherwise specified in the applicable SOW, all deliverables provided by or for DocuSign in the performance of Professional Services, excluding Customer Data and Customer Confidential Information, are owned by DocuSign and constitute part of the DocuSign Service(s) under this Agreement. 3.3 Third-Party Services and Materials. Customer may choose to obtain products, services or materials that are provided or supported by third parties (“Third-Party Services and Materials”) for use with DocuSign Services. DocuSign assumes no responsibility for, and specifically disclaims any liability or obligation with respect to, any Third-Party Services and Materials that are provided pursuant to the terms of the applicable third-party license or separate agreement between the licensor of the Third-Party Services and Customer. DocuSign does not represent and/or warrant in any manner that Third-Party Services and Materials are accurate, current, or comply with laws, rules and/or regulations of, or are otherwise valid and enforceable in or appropriate for, the jurisdiction in which the Third-Party Services and Materials are used or for Customer’s purposes. 3.4 Feedback. DocuSign encourages Customer to provide suggestions, proposals, ideas, recommendations, or other feedback regarding improvements to DocuSign Services and related resources (“Feedback”). To the extent Customer provides Feedback, Customer grants to DocuSign a royalty-free, fully paid, sub-licensable, transferable (notwithstanding Section 13.2 (Assignability)), non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import, and otherwise exploit Feedback (including by incorporation of such feedback into the DocuSign Services) without restriction; provided that such Feedback does not identify Customer, its Affiliates, or Authorized Users, or include any Customer Data without Customer’s prior written consent. 4. SECURITY AND CUSTOMER DATA 4.1 Security. DocuSign will use commercially reasonable industry standard security technologies in providing the DocuSign Services. DocuSign has implemented and will maintain appropriate technical and organizational measures, including information security policies and safeguards, to preserve the security, integrity, and confidentiality of Customer Data and personal data and to protect against unauthorized or unlawful disclosure or corruption of or access to personal data. Additional security obligations, if any, shall be set forth or referenced in the applicable Service Schedule, attachment and/or appendix. 4.2 Customer Data. Customer is responsible for Customer Data (including Customer personal data) as entered into, supplied or used by Customer and its Authorized Users in the DocuSign Services. Further, Customer is solely responsible for determining the suitability of the DocuSign Services for Customer's business and complying with any applicable data privacy and protection regulations, laws or conventions applicable to Customer Data and Customer’s use of the DocuSign Services. Customer grants to DocuSign the non-exclusive right to process Customer Data (including personal data) in accordance with the applicable data protection provisions and the technical and organizational measures referred to in an applicable Service Schedule, attachment and/or appendix, for the sole purpose of and only to the extent necessary for DocuSign: (a) to provide the DocuSign Services; (b) to verify Customer’s compliance with the restrictions set forth in Section 2.2 (Restrictions) if DocuSign has a reasonable belief of Customer’s non-compliance; and (c) as otherwise set forth in this Agreement. 4.3 Use of Aggregate Data. Customer agrees that DocuSign may collect, use, and disclose quantitative data derived from the use of the DocuSign Services for its business purposes, including industry analysis, benchmarking, 143 Page 5 of 11 analytics, and marketing. All data collected, used, and disclosed will be in aggregate and deidentified form only and will not identify Customer, its Authorized Users, Customer Data, or any third parties utilizing the DocuSign Services. 4.4 Customer Data Residency and Access. Customer may, at the time of Account provisioning, select a regional instance for the DocuSign Cloud Services (For example and where available, the United States, EU, Canada, and Australia) (“Instance”) for its Account, which will determine the geographical data center region in which Customer Data are stored. DocuSign will store Customer Data only within the Instance selected by Customer at the time of Account provisioning and will not transfer, process, access, or maintain Customer Data in any other jurisdiction without Customer’s prior written consent. Customer acknowledges that, regardless of the Instance selected by Customer, Customer’s designated Authorized Users and eDocument recipients may access an eDocument stored in DocuSign Cloud Services from any location in the world via internet connection. 5. PAYMENT OF FEES 5.1 Fees. Except as expressly set forth in the applicable Order Form or SOW, Customer will pay all fees set forth in the Order Form or SOW in accordance with the following: (a) DocuSign Services fees are invoiced annually in advance; (b) the first invoice will coincide with the Order Start Date or effective date of a SOW; (c) payment will be due within thirty (30) days from the date of the invoice; and (d) all amounts will be denominated in U.S. dollars. Upon execution by Customer and DocuSign, each Order Form and/or SOW is non-cancellable and non-refundable except as provided in this Agreement, and the Term as set forth in the Order Form for DocuSign Cloud Services is a continuous and non-divisible commitment for the full duration of the Term regardless of any invoice schedule. Customer may withhold from payment any charge or amount disputed by Customer in good faith pending resolution of such dispute, provided that Customer: (i) notifies DocuSign of the dispute prior to the date such payment is due, specifying in such notice (A) the amount in dispute, and (B) the reason for the dispute set out in sufficient detail to facilitate investigation by DocuSign and resolution by the parties; (ii) makes timely payment of all undisputed charges and amounts; (iii) works diligently with DocuSign to resolve the dispute promptly; and (iv) pays all amounts that are determined to be payable by resolution of the dispute (by adversarial proceedings, agreement or otherwise) within ten (10) days following such resolution. 5.2 Purchase Orders. If Customer issues a purchase order, then it shall be for the full amount set forth in the applicable Order Form or SOW, and DocuSign hereby rejects any additional or conflicting terms appearing in a purchase order or any other ordering materials submitted by Customer, and conditions assent solely based on the terms and conditions of this Agreement as offered by DocuSign. Upon request, DocuSign shall reference the purchase order number on its invoices, provided, however, that Customer acknowledges that it is Customer’s responsibility to provide the corresponding purchase order information (including a purchase order number) to DocuSign upon the signing of any Order Form. Customer agrees that a failure to provide DocuSign with the corresponding purchase order shall not relieve Customer of its obligations to provide payment to DocuSign pursuant to Section 5.1 (Fees) above. 5.3 Offsets; Late Charges. If DocuSign owes any amounts to Customer that are not derived from this Agreement, such amounts will not be withheld or offset against any invoice issued under this Agreement. DocuSign may assess late charges equal to the lesser of one and one-half percent (1.5%) of the unpaid balance per month or the highest rate permitted by applicable law. If Customer fails to timely pay any amounts due under this Agreement, then without limitation of any of its other rights or remedies, DocuSign may suspend performance of those DocuSign Services until DocuSign receives all past due amounts from Customer. 6. TAXES 6.1 Tax Responsibility. All payments required by this Agreement are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes (“VAT”), goods and services taxes (“GST”), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Customer shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the DocuSign Services. Taxes shall not be deducted from the payments to DocuSign, except as required by law, in which case Customer shall increase the amount payable as necessary so that after making all required deductions and withholdings, DocuSign receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made. If Customer claims tax exempt status for amounts due under this Agreement, it shall provide DocuSign with a valid tax exemption certificate (authorized by the applicable governmental authority) to avoid application of Taxes to Customer’s invoice. Each Party is responsible for and shall bear Taxes imposed on its 144 Page 6 of 11 net income. Customer hereby confirms that DocuSign can rely on the ship-to name and address set forth in the Order Form(s) or SOW Customer places directly with DocuSign as being the place of supply for Tax purposes. The Parties’ obligations under this Section 6.1 (Tax Responsibility) shall survive the termination or expiration of this Agreement. 6.2 Invoicing Taxes. If DocuSign is required to invoice or collect Taxes associated with Customer’s purchase of, payment for, access to or use of the DocuSign Services, DocuSign will issue an invoice to Customer including the amount of those Taxes, itemized where required by law. If applicable, Customer shall provide to DocuSign its VAT, GST or similar tax identification number(s) on the Order Form or SOW. Customer shall use the ordered DocuSign Services for Customer's business use in the foregoing location(s) in accordance with the provided VAT or GST identification number(s). 7. TERM AND TERMINATION 7.1 Term. The term of an Order Form and any associated Service Schedule(s) is the period of time, including all renewals thereto, that begins on the Order Start Date and, unless terminated sooner as provided herein, will continue until the Order End Date, both dates as specified on the Order Form (the “Term”). In the case of a SOW for Professional Services, if no end date is specified in the SOW, then the SOW shall expire upon completion of Professional Services or early termination as permitted by this Agreement. The term of this MSA and this Agreement shall continue as long as an Order Form or SOW referencing or incorporated into this MSA remains valid and in effect. Prior to the Order Start Date, DocuSign may, upon mutual agreement, start providing Professional Services and/or provide Customer access to the DocuSign Services, which will be governed by this Agreement. Termination or expiration of any Order Form or SOW shall leave other Order Forms or SOWs unaffected. 7.2 Termination for Breach; Termination for Insolvency. If either Party commits a material breach or default in the performance of any of its obligations under this Agreement, then the other Party may terminate this Agreement in its entirety by giving the defaulting Party written notice of termination, unless the material breach or default in performance is cured within thirty (30) days after the defaulting Party receives notice thereof. Either Party may terminate this Agreement in its entirety upon written notice if the other Party becomes the subject of a petition in bankruptcy or any proceeding related to its insolvency, receivership or liquidation, in any jurisdiction, that is not dismissed within sixty (60) days of its commencement, or an assignment for the benefit of creditors. 7.3 Post-Termination Obligations. If this Agreement expires or is terminated for any reason: (a) Customer will pay to DocuSign any amounts that have accrued before, and remain unpaid as of, the effective date of the expiration or termination; (b) any and all liabilities of either Party to the other Party that have accrued before the effective date of the expiration or termination will survive; (c) licenses and use rights granted to Customer with respect to DocuSign Services and intellectual property will immediately terminate; (d) DocuSign’s obligation to provide any further services to Customer under this Agreement will immediately terminate, except any such services that are expressly to be provided following the expiration or termination of this Agreement; and (e) the Parties’ rights and obligations under Sections 6.1, 7.3, 8.3, and 10 through 13 will survive. 8. WARRANTIES AND DISCLAIMERS 8.1 DocuSign Service Warranties. DocuSign warrants that during the applicable Term, the DocuSign Services, when used as authorized under this Agreement, will perform substantially in conformance with the Documentation associated with the applicable DocuSign Services. Customer’s sole and exclusive remedy for any breach of this warranty by DocuSign is for DocuSign to repair or replace the affected DocuSign Services to make them conform, or, if DocuSign determines that the foregoing remedy is not commercially reasonable, then either Party may terminate this Agreement. 8.2 Mutual Warranties. Each Party represents and warrants that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against it in accordance with the terms of this Agreement; and (b) no authorization or approval from any third party is required in connection with its execution, delivery, or performance of this Agreement. 8.3 Disclaimer. Except for the express representations and warranties stated in this Section 8 (Warranties and Disclaimers), SOW or a Service Schedule, DocuSign: (a) makes no additional representation or warranty of any kind -- whether express, implied in fact or by operation of law, or statutory -- as to any matter whatsoever; (b) disclaims all implied warranties, including but not limited to merchantability, fitness for a particular purpose, and 145 Page 7 of 11 title; and (c) does not warrant that the DocuSign Services are or will be error-free or meet Customer’s requirements. Customer has no right to make or pass on any representation or warranty on behalf of DocuSign to any third party. 9. THIRD-PARTY CLAIMS 9.1 By DocuSign. DocuSign will indemnify Customer, and its employees, directors, agents, and representatives from, and defend the Indemnified Parties against, any actual or threatened: (a) third-party claim; (b) third-party legal action; or (c) administrative agency action or proceeding (“Claim”) to the extent arising from or related to: (i) any alleged breach by DocuSign of specified security safeguards related to the DocuSign Services that results in the breach of its confidentiality obligations in Section 11 (Confidentiality) and/or Section 4 (Security and Customer Data); and (ii) any alleged infringement of any third-party intellectual property rights by the DocuSign Services as provided by DocuSign, or the Indemnified Party’s use thereof when used as authorized under this Agreement, provided, however, that DocuSign will not be responsible for alleged infringement that is due to the combination of DocuSign Services with goods or services provided by third parties. 9.2 Intentionally Omitted. 9.3 Procedures. The Parties’ respective indemnification obligations above are conditioned on: (a) the Indemnified Parties giving the Indemnifying Party prompt written notice of the Claim, except that the failure to provide prompt notice will only limit the indemnification obligations to the extent the Indemnifying Party is prejudiced by the delay or failure; (b) the Indemnifying Party being given full and complete control over the defense and settlement of the Claim (as long as the settlement does not include any payment of any amounts by or any admissions of liability, whether civil or criminal, on the part of any of the Indemnified Parties); (c) the relevant Indemnified Parties providing assistance in connection with the defense and settlement of the Claim, as the Indemnifying Party may reasonably request; and (d) the Indemnified Parties’ compliance with any settlement or court order made in connection with the Claim. The Indemnifying Party will indemnify the Indemnified Parties against: (i) all damages, costs, and attorneys’ fees finally awarded against any of them with respect to any Claim; (ii) all out-of-pocket costs (including reasonable attorneys’ fees) reasonably incurred by any of them in connection with the defense of the Claim (other than attorneys’ fees and costs incurred without the Indemnifying Party’s consent after it has accepted defense of such Claim); and (iii) all amounts that the Indemnifying Party agreed to pay to any third party in settlement of any Claims arising under this Section 9 (Third-Party Claims) and settled by the Indemnifying Party or with its approval. 9.4 Infringement Remedy. If Customer is enjoined or otherwise prohibited from using any of the DocuSign Services or a portion thereof based on a Claim covered by DocuSign’s indemnification obligations under Section 9.1 (By DocuSign) above, then DocuSign will, at its sole expense and option, either: (a) obtain for Customer the right to use the allegedly infringing portions of the DocuSign Services; (b) modify the allegedly infringing portions of the DocuSign Services so as to render them non-infringing without substantially diminishing or impairing their functionality; or (c) replace the allegedly infringing portions of the DocuSign Services with non-infringing items of substantially similar functionality. If DocuSign determines that the foregoing remedies are not commercially reasonable, then either Party may terminate this Agreement, and in such case, DocuSign will provide a prorated refund to Customer for any prepaid fees received by DocuSign under this Agreement that correspond to the unused portion of the Term. 10. LIMITATION OF LIABILITY 10.1 Exclusion of Damages. EXCEPT FOR THE PARTIES’ OBLIGATIONS UNDER SECTION 9 (THIRD-PARTY CLAIMS), UNDER NO CIRCUMSTANCES, AND REGARDLESS OF THE NATURE OF THE CLAIM, SHALL EITHER PARTY (OR THEIR RESPECTIVE AFFILIATES) BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFITS, SALES OR BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION, WORK STOPPAGE OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES. 10.2 Limitation of Liability. EXCEPT FOR: (A) THE PARTIES’ OBLIGATIONS UNDER SECTION 9 (THIRD-PARTY CLAIMS); (B) DAMAGES RESULTING FROM DEATH OR BODILY INJURY ARISING FROM EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND (C) DOCUSIGN’S RIGHT TO COLLECT UNPAID FEES DUE HEREUNDER, TO THE EXTENT PERMITTED BY LAW, THE TOTAL, CUMULATIVE LIABILITY OF EACH PARTY (OR THEIR RESPECTIVE 146 Page 8 of 11 AFFILIATES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL BE LIMITED TO FOUR (4) TIMES THE AMOUNTS PAID BY CUSTOMER FOR THE DOCUSIGN SERVICE(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THE PARTIES FURTHER ACKNOWLEDGE THAT CUSTOMER MAY HAVE STATUTORY RIGHTS AGAINST DOCUSIGN FRANCE SAS AND CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY AMOUNTS RECOVERED BY CUSTOMER AGAINST DOCUSIGN FRANCE SAS PURSUANT TO SUCH RIGHTS SHALL BE AGGREGATED WITH ANY OTHER CLAIMS HEREUNDER FOR PURPOSES OF THE CAP ON DAMAGES SET FORTH ABOVE. 10.3 Liability for Breach of Confidentiality. Notwithstanding Sections 10.1 (Exclusion of Damages), 10.2 (Limitation of Liability), damages resulting from an unauthorized use or disclosure of Confidential Information (including without limitation Customer Data) under this Agreement will be subject to a total cap of six times (6x) the amounts paid or payable by Customer for the DocuSign Services giving rise to the claim during the twelve (12) month period preceding the first event giving rise to liability. 10.4 Independent Allocations of Risk. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of this Agreement between the Parties. This allocation is reflected in the pricing offered by DocuSign to Customer and is an essential element of the basis of the bargain between the Parties. Each of these provisions is severable and independent of all other provisions of this Agreement, and each of these provisions will apply even if the warranties in this Agreement have failed of their essential purpose. 11. CONFIDENTIALITY 11.1 Restricted Use and Nondisclosure. During and after the Term, Recipient will: (a) use the Confidential Information of the other Party solely for the purpose for which it is provided; (b) not disclose such Confidential Information to a third party, except on a need-to-know basis to its Affiliates, attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained herein; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that it protects its own Confidential Information of a similar nature. 11.2 Required Disclosure. If Recipient is required by law to disclose Confidential Information of the other Party or the terms of this Agreement, Recipient will give prompt written notice to the other Party before making the disclosure, unless prohibited from doing so by the legal or administrative process, and cooperate with the disclosing Party to obtain where reasonably available an order protecting the Confidential Information from public disclosure. 11.3 Ownership. Recipient acknowledges that, as between the Parties, all Confidential Information it receives from the disclosing Party, including all copies thereof in Recipient’s possession or control, in any media, is proprietary to and exclusively owned by the disclosing Party. Nothing in this Agreement grants Recipient any right, title or interest in or to any of the disclosing Party’s Confidential Information. Recipient’s incorporation of the disclosing Party’s Confidential Information into any of its own materials will not render Confidential Information non-confidential. 11.4 Remedies. Recipient acknowledges that any actual or threatened breach of this Section 11 (Confidentiality) may cause irreparable, non-monetary injury to the disclosing Party, the extent of which may be difficult to ascertain. Accordingly, the disclosing Party is entitled to (but not required to) seek injunctive relief in addition to all remedies available to the disclosing Party at law and/or in equity, to prevent or mitigate any breaches of this Agreement or damages that may otherwise result from those breaches. Absent written consent of the disclosing Party to the disclosure, the Recipient, in the case of a breach of this Section 11 (Confidentiality), has the burden of proving that the disclosing Party’s Confidential Information is not, or is no longer, confidential or a trade secret and that the disclosure does not otherwise violate this Section 11 (Confidentiality). 12. GOVERNING LAW AND VENUE 12.1 The Parties agree to the following country-specific provisions for governing law and venue for all claims and disputes arising out of or relating to this Agreement. This Agreement will be interpreted, construed, and 147 Page 9 of 11 enforced in all respects in accordance with the following laws based on the ship-to address of the Customer reflected on the Order Form. (a) United Kingdom, a Member State of the European Economic Area, or Switzerland. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation non-contractual disputes or claims) are governed by and construed in accordance with the law of the Republic of Ireland. Each Party irrevocably agrees that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). The provisions of the U.N. Convention on Contracts for the International Sale of Goods are expressly excluded and do not apply to this Agreement. (b) Australia. This Agreement is governed by the laws of New South Wales, Australia, and both Customer and DocuSign agree to submit to the non-exclusive jurisdiction of the New South Wales courts. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods are expressly excluded and do not apply to this Agreement. Any legal action arising under this Agreement must be initiated within two years after the cause of action arises. Each Party hereby irrevocably waives, to the fullest extent permitted by law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement. (c) Singapore. This Agreement is governed by the laws of Singapore, and both Customer and DocuSign agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods are expressly excluded and do not apply to this Agreement. Any legal action arising under this Agreement must be initiated within two years after the cause of action arises. (d) For all other locations. This Agreement is governed by the laws of the State of Montana, U.S.A., without reference to its choice of law rules to the contrary. The Parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located Gallatin County, Montana, for the purposes of adjudicating any dispute arising out of this Agreement. To the extent permitted by law, choice of law rules, the United Nations Convention on Contracts for the International Sale of Goods, and the Uniform Computer Information Transactions Act as enacted shall not apply. Notwithstanding the foregoing, either Party may at any time seek and obtain appropriate legal or equitable relief in any court of competent jurisdiction for claims regarding such Party’s intellectual property rights. Each Party hereby irrevocably waives, to the fullest extent permitted by law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement. 12.2 To the extent allowed by law, the English version of this Agreement is binding, and other translations are for convenience only. 13. GENERAL 13.1 Relationship. The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties. Except as set forth in this Agreement, nothing in this Agreement, expressed or implied is intended to give rise to any third-party beneficiary. 13.2 Assignability. Neither Party may assign its rights or obligations under this Agreement without the other Party’s prior written consent. Notwithstanding the foregoing, either Party may assign its rights and obligations under this Agreement to an Affiliate as part of a reorganization, or to a purchaser of its business entity or substantially all of its assets or business to which rights and obligations pertain without the other Party’s consent, provided that: (a) the purchaser is not insolvent or otherwise unable to pay its debts as they become due; (b) the purchaser is not a competitor of the other Party; and (c) any assignee is bound hereby. Other than the foregoing, any attempt by either Party to transfer its rights or obligations under this Agreement will be void. 13.3 Notices. Any notice required or permitted to be given in accordance with this Agreement will be effective only if it is in writing and sent using: (a) DocuSign Services; (b) certified or registered mail; or (c) a nationally recognized overnight courier, to the appropriate Party at the address set forth on the Order Form, with a copy, in the case of DocuSign, to legal@docusign.com. Each Party hereto expressly consents to service of process by registered mail. Either Party may change its address for receipt of notice by notice to the other Party through a notice provided in accordance with this Section 13.3 (Notices). Notices are deemed given upon receipt if delivered 148 Page 10 of 11 using DocuSign Services, two (2) business days following the date of mailing, or one (1) business day following delivery to a courier. 13.4 Force Majeure. In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the Party invoking this provision (including, without limitation, for causes due to war, fire, earthquake, flood, hurricane, riots, acts of God, telecommunications outage not caused by the obligated Party, or other similar causes) (“Force Majeure Event”), the affected Party’s performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence; provided that the affected Party: (a) provides the other Party with prompt notice of the nature and expected duration of the Force Majeure Event; (b) uses commercially reasonable efforts to address and mitigate the cause and effect of such Force Majeure Event; (c) provides periodic notice of relevant developments; and (d) provides prompt notice of the end of such Force Majeure Event. Obligations to pay are excused only to the extent that payments are entirely prevented by the Force Majeure Event. 13.5 Trade Restrictions. The DocuSign Services, Documentation, and the provision and derivatives thereof are subject to the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories (“Trade Restrictions”). (a) Each Party shall comply with all applicable Trade Restrictions. In addition, each Party represents that it is not a Restricted Party, nor is it owned or controlled by, or acting on behalf of any person or entity that is a Restricted Party. “Restricted Party” means any person or entity that is: (i) listed on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, including, but not limited to, OFAC’s List of Specially Designated Nationals and Other Blocked Persons, the U.S. State Department's Nonproliferation Sanctions lists, the U.S. Commerce Department’s Entity List or Denied Persons List located at https://www.export.gov/article?id=Consolidated-Screening-List; or (ii) subject to end destination export control regulations, such as, but not limited to, the U.S. Export Administration Regulations and EU Dual-Use Regulation EC 428/2009. (b) Customer acknowledges and agrees that it is solely responsible for complying with, and shall comply with, Trade Restrictions applicable to any of its own or its Affiliates' or Authorized Users’ content or Customer Data transmitted through the DocuSign Services. Customer shall not and shall not permit any Authorized User to access, use, or make the DocuSign Services available to or by any Restricted Party or to or from within in a country or territory subject to comprehensive U.S. sanctions (currently including, but not limited to, Cuba, the Crimea region of the Ukraine, Iran, North Korea, and Syria). 13.6 Anti-Corruption. In connection with the services performed under this Agreement and Customer’s use of DocuSign’s products and services, the Parties agree to comply with all applicable anti-corruption and anti- bribery related laws, statutes, and regulations. 13.7 U.S. Government Rights. All DocuSign software (including DocuSign Services) is commercial computer software and all services are commercial items. “Commercial computer software” has the meaning set forth in Federal Acquisition Regulation (“FAR”) 2.101 for civilian agency purchases and the Department of Defense (“DOD”) FAR Supplement (“DFARS”) 252.227-7014(a)(1) for defense agency purchases. If the software is licensed or the DocuSign Services are acquired by or on behalf of a civilian agency, DocuSign provides the commercial computer software and/or commercial computer software documentation and other technical data subject to the terms of this Agreement as required in FAR 12.212 (Computer Software) and FAR 12.211 (Technical Data) and their successors. If the software is licensed or the DocuSign Services are acquired by or on behalf of any agency within the DOD, DocuSign provides the commercial computer software and/or commercial computer software documentation and other technical data subject to the terms of this Agreement as specified in DFARS 227.7202-3 and its successors. Only if this is a DOD prime contract or DOD subcontract, the Government acquires additional rights in technical data as set forth in DFARS 252.227-7015. Except as otherwise set forth in an applicable Service Schedule, this Section 13.7 (U.S. Government Rights) is in lieu of, and supersedes, any other FAR, DFARS or other clause or provision that addresses U.S. Government rights in computer software or technical data. 13.8 Publicity. Neither Party shall refer to the identity of the other Party in promotional material, publications, or press releases or other forms of publicity relating to the DocuSign Service unless the prior written consent of the other Party has been obtained, provided, however, that DocuSign may use Customer’s name and logo for the limited purpose of identifying Customer as a customer of the DocuSign Service. 149 Page 11 of 11 13.9 Waiver. The waiver by either Party of any breach of any provision of this Agreement does not waive any other breach. The failure of any Party to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of such Party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement. 13.10 Severability. If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect. 13.11 Nondiscrimination and Equal Pay. DocuSign agrees that all hiring by DocuSign of persons performing this Agreement shall be on the basis of merit and qualifications. DocuSign will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. DocuSign 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. DocuSign 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. DocuSign 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). DocuSign must report to the City any violations of the Montana Equal Pay Act that DocuSign has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. DocuSign shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 13.12 Entire Agreement. This Agreement is the final, complete, and exclusive expression of the agreement between the Parties regarding the DocuSign Services provided under this Agreement. This Agreement supersedes and replaces, and the Parties disclaim any reliance on, all previous oral and written communications (including any confidentiality agreements pertaining to the DocuSign Services under this Agreement), representations, proposals, understandings, undertakings, and negotiations with respect to the subject matter hereof and apply to the exclusion of any other terms that Customer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing. This Agreement may be changed only by a written agreement signed by an authorized agent of both Parties. This Agreement will prevail over terms and conditions of any Customer-issued purchase order or other ordering documents, which will have no force and effect, even if DocuSign accepts or does not otherwise reject the purchase order or other ordering document. The below signatories are authorized to sign on behalf of their respective Party(ies) and to agree to the terms of this MSA and any documents incorporated herein. Customer DocuSign, Inc. Signature : Signature : \si3\ Name : Name : \na3\ Title : Title : \ti3\ Date : Date : \ds3\ \in2\ 150 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2083 Final Adoption of the 2021 NE Corner Davis Lane & Westlake Road Zone Map Amendment, Located at the Northeast Corner of the Intersection of Westlake Road and Davis Lane, to the South of Interstate 90, for 17.197 Acres to be Given Initial Zoning of R-5 Residential Mixed Use High Density District, Application 21186 MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final Adoption of Ordinance 2083. 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 property was approved on September 14, 2021 to annex one parcel into the City limits and establish initial zoning of R-5, Residential mixed-use high density district. The property is currently zoned “Agriculture Suburban” (AS) within the county and surrounded to the west and south by the same AS County zoning. Nearby municipal zoning to the south, southeast is B-2 (Community business district) and to the north is M-2 (Manufacturing and industrial district). The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Residential Mixed Use” which includes the R-5 district as an implementing zoning district. The property is bordered by Davis Lane to the west (a Bozeman classified minor arterial street), Westlake Road to the south (a Bozeman classified local street) and E Valley Center Road to the north, (a Bozeman classified principle arterial). Beyond E Valley Center Road is Interstate 90. The proposed annexation would bring in additional right of way to build out Davis Lane and Westlake Road to the full city street classification as would be required with future development. E Valley Center Road to the north already has adequate right of way width and is located entirely within the existing city limits. The property is currently vacant with no existing development or city services on the parcel. The property is surrounded to the west with agricultural uses and rural single family to the south still in the county, to the north by right of way and the interstate, and to the southeast by an active construction of future medical facilities. This action will complete the 151 establishment of municipal zoning. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the Commission FISCAL EFFECTS:No budgeted funds will be affected by this action. Attachments: Ordinance 2083 - 21186.pdf 6770.002 - Davis 17 ac- Zoning Map - 070821.pdf Report compiled on: September 15, 2021 152 Ord 2083 Page 1 of 6 ORDINANCE 2083 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 17.197 ACRES AS R-5, RESIDENTIAL MIXED USE HIGH DENSITY DISTRICT, 2021 NE CORNER DAVIS LANE AND WESTLAKE ROAD ANNEXATION ZONE MAP AMENDMENT, APPLICATION 21186. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on August 16, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21186 the 2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on September 14, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and 153 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 2 of 6 WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested R-5 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to 154 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 3 of 6 the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21186 the 2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-5, Residential Mixed Use High Density District: The property is described as: A parcel of land being all that part of the S 1/2 NW 1/4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, also including Westlake Road County Road easement located in Section 26 and Davis Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 1/4 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake 155 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 4 of 6 Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less. All as depicted on the 2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment Zone Map Amendment Map. Section 3 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 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. 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 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” 156 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 5 of 6 Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 14th day of September 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 ___ of ____________________, 2021. The effective date of this ordinance is ____, ______________, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk 157 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 6 of 6 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 158 N36°28'27"E 139.88'S 5 2 ° 5 4 ' 1 9 " E 1 9 8 . 9 7 ' S 5 3 ° 3 2 ' 5 5 " E 9 0 0 . 2 3 ' S 5 0 ° 4 5 ' 2 9 " E 3 6 7 . 0 6 'S3 8 ° 5 2 ' 0 9 "E 6 1 . 8 7 '30'30' 50'N0°36'43"E 163.98'S33°52'39"E 114.05' N89°23'17"W 20.00'N0°36'43"E 685.14'30' 50'30'S0°36'43"W 30.00' S89°41'25"W 30.00' S89°41'26"W 1362.55' N33°52'39"E 91.15'E27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE27 S E27S E27S E27SE27SE16W E16 W E16W E16W E16 W E1 6 W E1 6 W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ZONING MAP AMENDMENT M-2 Z O N I N G BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E: URBA N NEIG H B O R H O O D ZONING AREA SUMMARY R-5 ZONING: TOTAL ZONING AREA: 17.197 acres (749,107.80) Sq. Ft. LEGEND EDGE OF ASPHALT EDGE OF GRAVEL BOTTOM EDGE OF DITCH CENTERLINE OF ROAD OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED NATURAL GAS LINE SIGN SEPTIC SYSTEM MANHOLE LIGHT POLE GUY ANCHOR POWER POLE WATER WELL ELECTRICAL METER WIRE FENCE BURIED PETROLEUM PIPELINE B2 ZO NI N G BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D U S E: REGI O N A L C O M M E R C I A L AND S E R V I C E S PARC E L A COS 1 6 5 A BOZE M A N COM M U NI T Y P L A N FUTU R E L A N D U S E: URBA N NEIG H B O R H O O D S27, T 0 1 S, R 0 5 E, ACRE S 3 6. 0 5 PROPOSED ZONINGR-5PROPOSED ZONINGR-5©COPYRIGHT MORRISON-MAIERLE, INC.,2021 PLOTTED DATE: Jul/08/2021 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\6770\002 - Davis Ln & Valley Center Zoning & Pre-App\ACAD\Exhibits\6770.002 - Davis 15 ac- Zoning Map - 031021.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 315 N. 25th Street, Suite 102 Billings, MT 59101 Phone: 406.656.6000 Fax: 406.237.1201 11Cascade Development, LLC GALLATIN 6770.002 1"=100' 05/2021 MEE CJF JW 5E 1S 26NW 100 200501000 SCALE IN FEET LEGAL DESCRIPTION WESTLAKE ROAD - COUNTY ROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTV A L L E Y C E N T E R R O A D - H I G H W A Y S T P S 2 3 5 1 ( 4 ) 5 P.O.B.LOT 2 A MINO R S U B 2 2 1 E IN T E R S T A T E - 9 0 - H I G HW A Y M-2 Z O N I N G PLI Z O NI N G BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E SI D E N TI A L MIXE D U S E GALL A TI N C O U N T Y / BOZE M A N A R E A ZONI N G : A S 17.197 acres (749,107.80) Sq. Ft. TRAC T 1 COS 3 0 3 5 BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E S I D E N T I A L MIXE D U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E SI D E N TI A L MIXE D U S E EXISTING 27" SEWER MAINE27SE27SE27S PROPOSED 8" WATER MAIN8W8W8W8W8W WARRANTY DEED DOCUMENT No. 2139716 LESS HIGHWAY RIGHT OF WAY, ALSO COUNTY ROAD RIGHTS OF WAY 17.197 ACRES ALL THAT PART OF THE S 1 2 NW 1 4 OF SECTION 26 LYING SOUTH AND WEST OF THE SOUTH RIGHT OF WAY OF HIGHWAY AS STATED IN BARGAIN AND SALE DEEDS BOOK 145, PAGE 19 AND FILM 143, PAGE 646, ALSO INCLUDING WESTLAKE ROAD COUNTY ROAD EASEMENT LOCATED IN SECTION 26 AND DAVIS LANE COUNTY ROAD EASEMENT LOCATED IN SECTION 26 AND 27; SITUATED IN TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA, A parcel of land being all that part of the S 1 2 NW 1 4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, also including Westlake Road County Road easement located in Section 26 and Davis Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 14 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less.SECTION 26SECTION 27SECTION 26SECTION 27159 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2086 Final Adoption of the University Crossing Apartments 2021 Zone Map Amendment, Giving an Initial Designation of B-2, Community Business District, on 10,247 Square Feet at 2025 Kagy Blvd in Association with Annexation, Application 2152 MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption of Ordinance 2086 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:Annexation and zoning of this land was preliminarily approved by the City Commission on August 3, 2021. The applicant has met all terms of annexation and contingencies of zoning approval. This is the step to finalize the zoning adoption. Provisional adoption of the Ordinance occurred on September 14, 2021. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:No currently budgeted funds will be affected by this action. Attachments: Ordinance 2086 University Crossing Apts ZMA - final - 21152.pdf 210228 - INTIAL ZONE MAP - 2021.08.26.pdf Report compiled on: August 26, 2021 160 Ord 2086 Page 1 of 5 ORDINANCE 2086 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 10,247 SQUARE FEET AS B-2, COMMUNITY BUSINESS DISTRICT, UNIVERSITY CROSSING APARTMENTS 2021 ZONE MAP AMENDMENT, APPLICATION 21152. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on July 26, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21152 the University Crossing Apartments 2021 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 3, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and 161 Ordinance No. 2086, University Crossing Apartments Zone Map Amendment Page 2 of 5 WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested B-2 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, 162 Ordinance No. 2086, University Crossing Apartments Zone Map Amendment Page 3 of 5 Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21152 the University Crossing Apartment 2021 Zone Map Amendment have been satisfied. Section 2 That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, described as follows: Beginning at the Southwest Corner of Lot 1A, Minor Subdivision No. 503A; thence westerly 271°22'33", assumed azimuth from north, 20.00 feet on the westerly extension of the south line of said Lot 1A; thence northerly 000°37'20" azimuth 97.58 feet; thence northeasterly 036°21'41" azimuth 43.18 feet; thence northeasterly 041°08'11" azimuth 38.65 feet; thence easterly 079°11'35" azimuth 13.96 feet; thence northeasterly 028°55'08" azimuth 40.92 feet; thence northerly 011°40'28" azimuth 88.79 feet; thence northerly 008°52'58" azimuth 63.19 feet; thence northerly 007°19'59" azimuth 85.74 feet to the centerline of Kagy Boulevard; thence easterly 091°23'42" azimuth 20.11 feet along said centerline; thence on the following courses along the west line of said Minor Subdivision No. 503A: southerly 187°19'59" azimuth 222.03 feet; southwesterly 208°55'08" azimuth 77.03 feet; southwesterly 226°16'01" azimuth 79.96 feet; southerly 180°37'20" azimuth 89.39 to the point of beginning. Area = 10,247 square feet Subject to existing easements. Section 3 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 163 Ordinance No. 2086, University Crossing Apartments Zone Map Amendment Page 4 of 5 the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. 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 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 164 Ordinance No. 2086, University Crossing Apartments Zone Map Amendment Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 14th day of September, 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 28th of September, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 165 166 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2087 Final Adoption of the Stockyard Properties Zone Map Amendment to Amend Zoning on 15.28 Acres from R-4 Residential High Density and B-1 Neighborhood Business District to REMU Residential Emphasis Mixed Use and B-2M Community Business District - Mixed at the Intersection of Griffin Drive and Story Mill Road, Application 21102 MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption of Ordinance 2087 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 City Commission preliminarily approved this change in zoning on August 3, 2021. The applicant has complied with the required contingencies of approval. Provisional adoption was completed on September 14, 2021. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:No currently budgeted funds will be affected by this approval. Attachments: Ordinance 2087 - Stockyard ZMA 21102.pdf Stockyard ZMA Final 08-24-2021.pdf Report compiled on: August 26, 2021 167 Ord 2087 Page 1 of 7 ORDINANCE 2087 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE FROM R-4 RESIDENTIAL HIGH DENSITY AND B-1 NEIGHBORHOOD BUSINESS DISTRICT TO REMU RESIDENTIAL EMPHASIS MIXED USE AND B-2M COMMUNITY BUSINESS DISTRICT – MIXED ON 15.28 ACRES FOR THE STOCKYARD PROPERTIES ZONE MAP AMENDMENT, APPLICATION 21102 WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on July 12, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21102 the Stockyard Properties Zone Map Amendment, be approved as requested by the applicant; and 168 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 2 of 7 WHEREAS, after proper notice, the City Commission held its public hearing on August 3, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested B-2M and REMU districts. 169 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 3 of 7 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21102 the Stockyard Properties Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as REMU, Residential Emphasis Mixed Use District: The property is described as: A tract of land encompassing portions of Tract 1 of COS 1147A, all of Tract K and portions of Tract 23A of COS 2547, of which are located within the South East One Quarter of Section 31, Township 1 South, Range 6 East, and a portion of Tract 23A of 2547, located within the North East One Quarter of Section 6, Township 2 South, Range 6 East of which all are located within the Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 1), which is the NW corner of Tract 23A, COS 2547 of which is a 5/8"x18" Rebar with a 2 inch aluminum cap inscribed 4955S attached; · thence, N 81° 55' 53" E, a distance of 151.00 feet. · thence, S 89° 36' 34" E, a distance of 361.40 feet to the beginning of a non-tangential curve. · thence, 135.30 feet along a non-tangent curve to the left, with a radius of 1449.56 feet, a delta angle of 05° 20' 52", and a chord bearing of S 06° 44' 05" E, with a chord distance of 135.25 feet. · thence, N 89° 12' 15" W, a distance of 249.85 feet. · thence, S 00° 24' 54" W, a distance of 270.20 feet to the beginning of a non-tangential curve. · thence, 55.17 feet along a curve to the left, with a radius of 200.00 feet, a delta angle of 15° 48' 21", and a chord bearing of S 79° 42' 28" W, with a chord distance of 55.00 feet. 170 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 4 of 7 · thence, S 71° 48' 19" W, a distance of 156.11 feet. · thence, N 09° 20' 43" W, a distance of 446.82 feet to the P.O.B. Said area being 135,465 square feet or 3.11 acres more or less, along with and subject to all easements of record or apparent on the ground. Section 3 That the zoning district designation of the following-described property is hereby established as B-2M, Community Business District - Mixed: The property is described as: A tract of land encompassing a portion of Tract 1 and all of Tract 2 of COS 1147A, located within the South East One Quarter of Section 31, Township 1 South, Range 6 East, and all of Tract 3 of COS 1147A and a portion of the remainder Tract 4 of COS 1147B, of which are located within the North East One Quarter of Section 6, Township 2 South, Range 6 East, of which all are located within the Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 2), which is the NE corner of Tract 5A, COS 1147B of which is a 5/8"x18" Rebar with a 2 inch aluminum cap inscribed 16192LS attached; · thence, N 71° 48' 19" E, a distance of 195.51 feet to the beginning of a curve. · thence, 55.17 feet along a non-tangent curve to the right, with a radius of 200.00 feet, a delta angle of 15° 48' 21", and a chord bearing of N 79° 42' 28" E, with a chord distance of 55.00 feet. · thence, N 00° 24' 54" E, a distance of 169.56 feet. · thence, S 89° 24' 17" E, a distance of 359.85 feet. · thence, S 00° 17' 25" W, a distance of 123.25 feet to the beginning of a non-tangential curve. · thence, 9.62 feet along a non-tangent curve to the left, with a radius of 1399.56 feet, a delta angle of 00° 23' 38", and a chord bearing of S 19° 26' 04" E, with a chord distance of 9.62 feet. · thence, S 19° 18' 39" E, a distance of 501.88 feet to the beginning of a non-tangential curve. · thence, 245.54 feet along a non-tangent curve to the right, with a radius of 433.40 feet, a delta angle of 32° 27' 38", and a chord bearing of S 16° 44' 13" W, with a chord distance of 242.27 feet to the beginning of a non-tangential curve. 171 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 5 of 7 · thence, 196.86 feet along a non-tangent curve to the right, with a radius of 1532.21 feet, a delta angle of 07° 21' 40", and a chord bearing of S 36° 29' 20" W, with a chord distance of 196.72 feet to the beginning of a non-tangential curve. · thence, 99.63 feet along a non-tangent curve to the right, with a radius of 5705.00 feet, a delta angle of 01° 00' 02", and a chord bearing of S 40° 26' 40" W, with a chord distance of 99.63 feet. · thence, S 40° 59' 04" W, a distance of 39.26 feet. · thence, N 45° 43' 58" W, a distance of 108.85 feet. · thence, N 23° 18' 34" W, a distance of 120.66 feet. · thence, N 06° 10' 56" E, a distance of 136.06 feet. · thence, N 57° 05' 16" W, a distance of 150.08 feet. · thence, S 84° 09' 52" W, a distance of 116.63 feet. · thence, N 52° 18' 23" W, a distance of 175.99 feet. · thence, N 00° 00' 00" E, a distance of 365.54 feet to the P.O.B. Said area being 530,096 square feet or 12.17 acres more or less, along with and subject to all easements of record or apparent on the ground. Section 4 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 5 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 6 Severability. 172 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 6 of 7 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 7 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 14th day of September, 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 28th of September, 2021. 173 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 7 of 7 _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 174 175 Memorandum REPORT TO:City Commission FROM:Cynthia L. Andrus, Mayor SUBJECT:Mayoral Proclamation Proclaiming Good Neighbor Day MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim September 28, 2021 as Good Neighbor Day 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:Proclaiming September 28, 2021 as Good Neighbor Day. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: Good Neighbor Day Proclamation.pdf Report compiled on: September 23, 2021 176 Proclamation Recognizing Good Neighbor Day WHEREAS, the noblest human concern is a concern for others; and that concern leads to the understanding, love, and respect that builds cohesive families and communities; and WHEREAS, This sense of community is nurtured and expressed in our neighborhoods where we give each other an opportunity to share and feel part of a larger family; and WHEREAS, The city of Bozeman recognizes of the importance of fostering compassion and respect for our neighbors; and WHEREAS, National Good Neighbor Day was established in the United States in the month of September via a proclamation by President Jimmy Carter in 1978; NOW, THEREFORE, I, Cynthia Andrus, Mayor of Bozeman, Montana do hereby proclaim September 28, 2021, as Good Neighbor Day in the City of Bozeman. I call upon the residents of this city to observe this day by demonstrating what being good neighbor is all about through acts of kindness and making people feel welcome. Signed and Proclaimed this twenty eighth day of September, in the year Two Thousand Twenty- One. _________________________________ Cynthia L. Andrus Mayor, Bozeman, Montana 177 Memorandum REPORT TO:City Commission FROM:Josh Waldo, Fire Chief SUBJECT:Fire Department Annual Report MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:None. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:2020 Annual Report UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: Bozeman Fire 2020 Annual Report.pdf Report compiled on: September 16, 2021 178 2020 ANNUAL REPORT 179 2 Fire Chief AdministrativeAsssitant Fire InspectorTraining Officer Fire Inspector Fire Inspector Operations Div. Operations Chief A ShiftBattalion Chief CaptainStation One Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter CaptainStation Two CaptainStation Three CaptainStation One CaptainStation Two CaptainStation Three Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter CaptainStation One CaptainStation Two CaptainStation Three B ShiftBattalion Chief C ShiftBattalion Chief Inspections Div. Fire Marshal MESSAGE FROM FIRE CHIEF JOSH WALDOThe year 2020 brought many new challenges to the fire department, some that none of us had experienced in our careers or lifetimes. The complexity of the COVID-19 global pandemic and wildland fire activity in the Bozeman area with the Bridger Foothills Fire were two large events that required the use of our training, planning, and partnerships like never before. These large-scale events coupled with the traditional duties of the fire department taxed resources and asked more of our firefighters, partners, and community than ever before. I am proud of the work of our members and the partnerships that helped us safely navigate through these challenges, while continuing to enhance our department and leadership in the region and state. While we cannot forecast all of the challenges and opportunities that lie ahead of us, the work of our organization in 2020 reaffirms my confidence that we are prepared to handle whatever comes our way. On behalf of the men and women of the Bozeman Fire Department, I am happy to present you with our 2020 Annual Report. Yours in service, Joshua L. Waldo, CFO, EFOFire Chief 180 3 Fire Chief AdministrativeAsssitant Fire InspectorTraining Officer Fire Inspector Fire Inspector Operations Div. Operations Chief A ShiftBattalion Chief CaptainStation One FirefighterFirefighterFirefighterFirefighterFirefighterFirefighter FirefighterFirefighterFirefighterFirefighterFirefighterFirefighter FirefighterFirefighterFirefighter FirefighterFirefighter FirefighterFirefighterFirefighter CaptainStation TwoCaptainStation ThreeCaptainStation OneCaptainStation TwoCaptainStation Three Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter CaptainStation OneCaptainStation Two CaptainStation Three B ShiftBattalion Chief C ShiftBattalion Chief Inspections Div. Fire Marshal Cover photo by Paul Holdorf, www.singingskyphotography.com MISSION Problem Solving Through Professionalism and Compassionate Service since 1884 VISION We will provide exceptional service as a unified team to promote a professional department that grows with the community ORGANIZATIONAL CHARTThe Bozeman Fire Department is comprised of 50 members, 49 sworn and 1 civilian, who provide the following services to the community:• Fire Suppression• Emergency Medical Services• Hazardous Materials Response• Technical Rescue Response (confined space, trench, rope, ice, and collapse)• Wildland Fire Response • Fire Protection Systems Plans Review• Car Seat Check and Installation• Fire Inspection• Fire Investigation• Public Education• Emergency Planning and Preparedness WHO WE ARE181 4 TOTAL RUNS: 5,798 TOTAL RUNS: 5,263 INCIDENT NUMBERS RESPONSE BREAKDOWN 0 1000 2000 3000 4000 5000 6000 7000 8000 4,696 6,264 5,798 5,823 4,589 4,896 5,263 4,621 1,682 1,642 1,991 2,409 2017 2018 20202019 When a request for fire department response is made, an incident is created in the computer aided dispatch (CAD) system. Depending on the type of incident, the number of fire department apparatus / units that respond will vary. Incidents are different from runs, as each incident can create a number of different run totals. For most EMS type events, a single apparatus would run the incident, whereas a fire alarm at a nursing home would trigger three fire apparatus to run on the incident. It is important to track the total number of runs that a department makes as it is a more accurate reflection of the workload on the emergency response system. The fire department has made multiple adjustments in our deployment plans to ensure a response to incidents that is in line with industry standards and best practices. Number of Apparatus Used for All Runs Total Calls Overlapping Incidents Fire (2%)Fire (2%)Fire (2%) Vehicle Accidents (8%)Vehicle Accidents (8%)Vehicle Accidents (8%) Good Intent Calls (11%)Good Intent Calls (11%)Good Intent Calls (12%) EMS (53%)EMS (57%)EMS (57%) Service Calls (7%)Service Calls (5%)Service Calls (4%) Hazardous Condition (7%)Hazardous Condition (5%)Hazardous Condition (4%) False Calls (12%)False Calls (13%)False Calls (13%) 2018 2019 2020 182 5 0 100 200 300 400 500 600 700 800 631 592 729707 655 689 618 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 0 50 100 150 200 250 300 00:00 - 00:5901:00 - 01:5902:00 - 02:5903:00 - 03:5904:00 - 04:5905:00 - 05:5906:00 - 06:5907:00 - 07:5908:00 - 08:5909:00 - 09:5910:00 - 10:5911:00 - 11:5912:00 - 12:5913:00 - 13:5914:00 - 14:5915:00 - 15:5916:00 - 16:5917:00 - 17:5918:00 - 18:5919:00 - 19:5920:00 - 20:5921:00 - 21:5922:00 - 22:5923:00 - 23:59140 128 114 66 62 77 89 136 204 230 240 228 274 247 274 283 275 280 254 274 203 223 164 156 EMERGENCY RESPONSE OVERVIEWOVERLAPPING INCIDENTS 2020 — 2,409 (52%) 2019 — 1,991 (41%) 2018 — 1,700 (37%)Overlapping incidents occur when the department has more than one incident response going at the same time. This is an important data point to track as some incidents require more than one fire department unit to respond. Having two or more calls overlapping at the same time could result in a situation where not enough units are available for response or units experience extended response times as they are responding across town to cover additional calls. CALLS FOR SERVICE BY DAY OF THE WEEK CALLS FOR SERVICE BY HOUR OF THE DAY 183 6 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 2018 2019 2020 4:02 7:37 7:29 7:47 1:52 1:43 1:41 1:40 1:52 1:11 3:56 4:56 Call Processing Time Turnout Time Response Time Call Processing Standard = 1 minute Turnout Time Standard = 1 minute Response Time Standard = 4 minutes TOTAL NUMBER OF RUNS OF EACH PRIMARY UNITEngine 1 – 1,737Engine 2 – 1,632Engine 4 – 313Truck 3 – 1,055Battalion 1 – 298 Does not include all apparatus, only the primary in service units. RESPONSE TIMESAn emergency response can be broken down into numerous segments or intervals of an event. To measure emergency response times, the fire department uses two standards from the National Fire Protection Association (NFPA) for benchmarking and evaluating emergency response times. • NFPA 1221, 2019 Edition: Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems • NFPA 1710, 2020 Edition: Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire DepartmentsThese two standards allow the fire department to measure the time from a call being answered by the 911 center until a fire department unit arrives on scene to provide service. To measure our performance, the department evaluates the following time intervals of an emergency call. Alarm Processing Time: The time interval from when the alarm is acknowledged at the communication center until response information begins to be transmitted via voice or electronic means to emergency response facilities and emergency response units. Turnout Time: The time interval that begins when the emergency response facilities and emergency response units notification process begins by either an audible alarm or visual annunciation or both and ends at the beginning point of travel time. Travel Time: The time interval that begins when a unit is enroute to the emergency incident and ends when the unit arrives at the scene. 184 7 ALARM PROCESSING 60 secs > 90% of the time TURNOUT TIME 60 secs > 90% of the time TRAVEL TIME 240 secs > 90% of the time EMERGENCY RESPONSE OVERVIEWHEAT MAP SHOWING CALL DISTRIBUTION 185 8 COVID-19 EMERGENCY MEDICAL DISPATCH PROTOCOLS The fire department navigated the challenges of continuing to provide services to the community in the middle of a global pandemic. Multiple fire department personnel engaged in local, regional, and statewide incident command systems to lead planning and response efforts to the The department implemented the use of Emergency Medical Dispatch (EMD) protocols. The implementation of these EMD protocols is another step to ensure that the appropriate unit and the appropriate number of units are dispatched to calls at the appropriate COVID-19 pandemic. Multiple adjustments were made in response protocols, personal protective equipment, and medical procedures to continue necessary medical treatments while keeping responders and the public safe. response level. These nationally adopted protocols not only improve unit availability, keeping fire trucks in service for more critical calls, but they improve responder and public safety by ensuring consistent and appropriate levels of response. 186 9 NOTABLE ACCOMPLISHMENTSPROVIDED SUPPORT TO THE BRIDGER FOOTHILLS FIRE NEW BRUSH TRUCK The Bridger Foothills Fire was one of the largest wildland fires experienced by the Bozeman community in several decades. While the fire was not located within the city limits of Bozeman, the fire department supported operations at the fire in various ways including Incident Command, The fire department, via a partnership with Montana Department of Natural Resources and Conservation (DNRC), placed in service an additional brush truck. The fire department provided operational support, and firefighting crews. As the fire stretched available fire resources thin in the entire Gallatin Valley, BFD was able to provide support to this community event while continuing to provide services in the city. the truck chassis and DNRC provided the firefighting skid. The hybrid vehicle provides the fire department with a second wildland apparatus for use both in the city and surrounding county areas. 187 10 CARDIAC MONITOR REPLACEMENTThe department updated all of its cardiac monitors in 2020. The new cardiac monitors continue to allow for interoperability with EMS providers and hospital staff in our community while also providing new patient enhancements by allowing our paramedics to monitor carbon monoxide in the blood system. 188 11NOTABLE ACCOMPLISHMENTSINSTALLED ON-BOARD DIESEL FILTERS NEW EXTRICATION EQUIPMENT The department installed on-board diesel filters on all of the diesel apparatus to improve firefighter safety both in and out of the station. The on-board filters replace the previous system used by the department, which were station mounted The department purchased new extrication equipment for all of the fire engines and ladder truck. The new equipment is 100% electric as opposed to the older equipment that was powered by truck mounted pumps and hoses. The new equipment is far more and only provided exhaust filtration when the apparatus were in the station. The new filters provide exhaust filtration anytime the diesel engines are running, which is also beneficial in the city’s sustainability efforts. portable than previous equipment, making it easier for firefighters to access patients who are trapped or pinned. The equipment standardizes the department fleet and replaces equipment that ranged anywhere from 10 – 25 years old. 189 12 190 13 2017 2018 2019 20200 50 100 150 200 250 300 350 400 326 357 268 278 TRAINING & PROFESSIONALDEVELOPMENTTOTAL TRAINING HOURS The Bozeman Fire Department strives to ensure that its members are trained to meet or exceed consensus national standards and best practices. In 2020 the department logged 11,676 hours of training total, or 278 hours per member. The 11,676 hours exceed the required minimums set by the Insurance Service Office and the National Fire Protection Association by nearly 1,600 hours. The department has several training goals for 2021 and we will continue to pursue national certifications for all of our members via the Montana Fire Service Training School. The department continues to pursue professional certifications and professional credentials and currently has 13 members who hold professional designations via the Center for Public Safety Excellence. The department’s goal is to ensure that each member receives 240 hours of training per calendar year to meet the requirements of the Insurance Service Office (ISO) and the National Fire Protection Association (NFPA). Training Hours Per Firefighter National Standard (240 Hours) 191 14 NUMBER OF PLANS REVIEWED 2017: 383 2018: 770 The Bozeman Fire Department has a full service fire prevention and community risk reduction division that provides services such as plans review, inspections, fire investigation, public fire education, car seat installation, and many other public programs. The fire department prevention and risk reduction programs are under the supervision of the Deputy Chief – Fire Marshal, who is assisted by three full-time fire inspectors and support from firefighters assigned to emergency response. The department conducts plans review of all new commercial buildings constructed in the city and completes on-site inspections of these buildings to ensure code compliance during construction. 2019: 694 2020: 716 192 15FIRE PPREVENTION / RISK REDUCTIONNUMBER OF INSPECTIONS COMPLETED 2017: 2,678 2018: 2,348 2019: 5,083 2020: 6,660 NUMBER OF CAR SEATS INSTALLED OR CHECKED: 50 NUMBER OF COMMUNITY OUTREACH EVENTS: 17 193 16 PHASE I — IMMEDIATE (Within 6 months of plan adoption) The Fire Protection Master Plan was updated in 2017 by the Center for Public Safety Management. The plan resulted in 42 recommendations that were broken down into 3 phases for implementation. An implementation guide was created from the master plan to provide quick reference to recommendations from the plan. The entire plan can be viewed by visiting our website at www.bozeman.net/government/fire. The boxes on the right show the status of recommendations from the master plan. During the remaining term of the current labor agreement, the city and the fire union should consider an amendment or side agreement that formalizes the Kelly Day arrangement. (Recommendation 1, p.9) In future negotiations with the IAFF, the city should pursue the elimination of the Kelly Day and move to a 56-hour workweek for all line fire personnel. (Recommendation 2, p.9) Bozeman should review its interpretation of “in paid status” when considering overtime eligibility for 53-hour fire personnel and consider the exclusion of any leave time as hours worked when calculating overtime eligibility. (Recommendation 3, p.12) BFD should consider the expansion of program management duties for field personnel and utilize these assignments for career development and consideration in promotional testing. (Recommendation 4, p.13) BFD should institute a periodic meeting forum (weekly/monthly/quarterly) to discuss departmental initiatives and new directives. The forum should include all on-duty members of the organization and chief officers and should be conducted through an internet based conference calling or video conferencing application. (Recommendation 5, p.14) BFD should improve and expand the use of the employee performance appraisal process in the career development of all personnel. (Recommendation 7, p.15) BFD should work with the city’s Human Resources office to institute periodic and post-accident drug testing for all fire personnel. (Recommendation 8, p.15) The City should consider a restructuring of supplemental pay for EMT-Basic, EMT-Advanced, and Paramedic in future negotiations with the IAFF Local 613. (Recommendation 9, p.54) 194 17FIRE PROTECTION MAASTER PLANUPDATEGREEN Complete YELLOW In Progress WHITE Not Started Bozeman should consider the relocation of Fire Stations 1 and 2 to address the significant structural and design issues related to these aging structures and to better position these resources to serve the burgeoning growth that is occurring in the southwestern areas of the city. (Recommendation 12, p.18) The Bozeman Fire Department should continue its efforts to implement a prefire planning process for all target hazards and ensure these documents are stored in the onboard mobile data terminals (MDTs) for ease of accessibility by company and chief officers during a response. (Recommendation 19, p.42) BFD should work with the 911 dispatch center to develop a monthly report that identifies the distribution of emergency and nonemergency response activities for both fire and EMS responses. (Recommendation 25, p.51) BFD should continue to work with the 911 Dispatch Center to implement a pre-alerting system for fire and EMS notifications. (Recommendation 28, p.67) BFD and the 911 Dispatch Center should work cooperatively on efforts to improve dispatch handling and turnout times for emergency responses. (Recommendation 29, p.74) The 911 dispatch center should institute a regular program that tests the transfer of its operations to its alternate 911 center located within the City/County Emergency Coordination Center. (Recommendation 31, p.91) BFD should pursue, through its contractual arrangement with AMR, expanded joint training activities and cooperative purchasing agreements for medical equipment. (Recommendation 33, p.55) The Fire and Building Departments should re-assess their coordination of work assignments of the two Building Fire Life Safety Specialists to insure the clarity of direction and prioritization of assignments. (Recommendation 34, p.80) The BFD should establish a training steering committee composed of Battalion Chiefs, Captains, Drivers, Firefighters, and EMS staff to conduct a training needs assessment, develop priorities, and provide direction regarding the training efforts of the department. (Recommendation 38, p.85) BFD should consider assigning a designated rank to the Training Officer that is consistent with the authority and duties assigned to this position. (Recommendation 39, p.85) BFD should designate a Fire Captain on each shift to serve as the shift training coordinator to help facilitate in-service training activities, both for fire and EMS. (Recommendation 41, p.86) BFD should continue in its effort to institute online training software to assist in the coordination and monitoring its training efforts. (Recommendation 42, p.86) 195 18 PHASE II — SHORT TERM (Within 6–18 months of plan adoption) Bozeman should establish a practice that institutes the regular scheduling of promotional testing processes for Driver Engineer and Captain. (Recommendation 6, p.14) BFD should implement a series of performance measures that enable ongoing review of service outcomes. The process of developing these measures should utilize input from BFD members, the community, the Mayor and City Commission, and city administration. (Recommendation 10, p.77) The City should officially designate an alternative Emergency Management Director and ensure that this individual is fully trained and well versed in the duties of the Emergency Management Director. (Recommendation 11, p.88) The City and Montana State University should explore the option for a joint fire station / training facility on the university campus. (Recommendation 14, p.29) The City should adopt a fire apparatus replacement schedule that includes an evaluation process that takes into account vehicle age, miles/hours of usage, maintenance records, and historical repair costs. (Recommendation 15, p.32) The Bozeman-Gallatin County Emergency Management Plan should include department and agency critical action checklists. (Recommendation 21, p.88) The Bozeman-Gallatin County Emergency Manager should lead an effort for every city and county department to develop a Continuity of Operations Plan (COOP). (Recommendation 22, p.88) BFD should expand the effectiveness of its interagency cooperation with mutual aid partners through increased joint training activities, annual multi-agency drills, and move-up operations. (Recommendation 23, p.45) BFD should work with the 911 dispatch center and the EMS ambulance provider to develop methodologies that improve the call screening process in order to alter response patterns when calls are determined to be minor or nonemergency. (Recommendation 24, p.50) BFD and AMR should evaluate options for jointly staffing a peak-period ambulance squad to supplement both the city’s and AMR’s current deployment of resources. (Recommendation 26, p.55) The 911 Dispatch Center should adopt dispatching performance measures and these should be reported to both fire and city administration on a monthly basis. (Recommendation 32, p.91) BFD should expand the fire loss determination and damage assessment training for its company officers and fire investigators. (Recommendation 37, p.83) The Bozeman Fire Department should institute written and practical skills testing as part of the department’s comprehensive fire training program. (Recommendation 40, p.86) 196 19 PHASE III — LONG TERM (Within 2–5 years of plan adoption) Relocate Station 1 north to N. Rouse Ave. and E. Oak St. (Recommendation 13, p.26) BFD should consider the assignment of vehicle apparatus maintenance and recordkeeping to an existing Driver Engineer as a project management assignment. (Recommendation 16, p.34) BFD should consider the relocation of its fire training structure to a more appropriate location and a possible colocation at a fire station site. (Recommendation 17, p.87) Continue to use the VISION product to conduct a community risk assessment and analyze/utilize the results in the planning of fire station locations, apparatus needs, and staffing requirements. (Recommendation 18, p.38) Bozeman should pursue CPSE fire accreditation in the future. (Recommendation 20, p.42) BFD should move to a permanent cross-staffing model for the operation of its ladder truck with the AMR medic unit assigned to Station 3. (Recommendation 27, p.58) The City of Bozeman should work through the 911 Dispatching Cooperative to take the steps necessary to ensure that the 911 Dispatch Center operates with a dedicated 911 Call Taker. (Recommendation 30, p.90) BFD should develop an integrated risk management plan that focuses on structure fires throughout the community. (Recommendation 35, p.49) The City should redesign and update the business licensing system so that information regarding each occupancy is correctly listed and retrievable through this data base. (Recommendation 36, p.80)FIRE PROTECTION MAASTER PLANUPDATE197 20 RETIREESCaptain Joel Fassbinder NEW HIRESFirefighter / EMT Colter Dimas 198 21 PROMOTIONSCaptain Jared RidgewayEngineer Cody WetmoreEngineer Tim O’ToolFire Inspector David Kulbacki PERSONNEL CHANGES199 22 200 23FACILITIESSTATION 1 34 N. Rouse Ave. STATION 2 410 S. 19th Ave. STATION 3 1705 Vaquero Pkwy. 201 34 N. Rouse Ave.Bozeman, MT 59715(406) 582-2350 202 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Krueger, Development Review Manager Martin Matsen, Director of Community Development SUBJECT:424 N. Ida Avenue NCOA with Deviations Request, Application 21258 (Quasi- judicial) MEETING DATE:September 28, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all other information presented, I hereby find application 21258 meets the criteria required for approval and move to approve the 424 N. Ida Avenue application to construct a single family residence with two deviation requests from the Bozeman Municipal Code; the first from 38.320.030.C to allow for a 3 foot front setback where 15 feet is required and; the second from 38.540.020 to allow a 0 foot setback for back up maneuverability where a 6 foot rear setback is required for a parking space off an alley. 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:An applicant has applied for a Neighborhood Certificate of Appropriateness application (NCOA) to demo an existing structure and construct a single family residence on July 14, 2021 which include are two zoning deviation requests. The first deviation request is from BMC 38.320.030.C to allow for a 3 foot front setback where 15 feet is required in the R-2 zone district. The second deviation request is from BMC 38.540.020 to allow a 0 foot setback for back up maneuverability where a 6 foot rear setback is required for a parking space off an alley. The existing structure sits over the property line and is to be demolished to make way for a two bedroom residence. For full background, see attached staff report. UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 203 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. FISCAL EFFECTS:NA Attachments: 21258 Staff Report.pdf Report compiled on: September 15, 2021 204 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 1 of 16 21258 Staff Report for 424 N. Ida Avenue NCOA Application with Deviation Request Application Date: City Commission Public Hearing, September 28, 2021, 6:00pm Project Description: Certificate of Appropriateness (COA) application to construct a new single family residence with two deviation requests from the Bozeman Municipal Code; Section 38.320.030.C - to allow for a 3 foot front setback where 15 feet is required and Section 38.540.020 – to allow a 0 foot setback for back up maneuverability where a 6 foot rear setback is required for a parking space off an alley. The property is zoned R-2. Project Location: Northern Pacific Addition, S07, T02 S, R06 E, Block 51, N25’ Lots 1, 2, and 3, Block 51, Plat C-23 City of Bozeman, Gallatin County, Montana. Recommendation: The application conforms to standards and is sufficient for approval. Recommended Motion for Deviation: “Having reviewed and considered the application materials, public comment, and all other information presented, I hereby find application 21258 meets the criteria required for approval and move to approve the 424 N. Ida Avenue application to construct a single family residence with two deviation requests from the Bozeman Municipal Code; the first from 38.320.030.C to allow for a 3 foot front setback where 15 feet is required and; the second from 38.540.020 to allow a 0 foot setback for back up maneuverability where a 6 foot rear setback is required for a parking space off an alley.” Report Date: Wednesday, September 15, 2021 Staff Contacts: Sarah Rosenberg, AICP, Associate Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues None identified at this time Project Summary An applicant has applied for a Neighborhood Certificate of Appropriateness application (NCOA) to demo an existing structure and construct a single family residence on July 14, 2021 which include are two zoning deviation requests. The first deviation request is from BMC 38.320.030.C to allow for a 3 foot front setback where 15 feet is required in the R-2 zone district. The second deviation request is from BMC 38.540.020 to allow a 0 foot setback for back up maneuverability 205 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 2 of 16 where a 6 foot rear setback is required for a parking space off an alley. The existing structure sits over the property line and is to be demolished to make way for a two bedroom residence. The property is located in the R-2, Residential Zoning District and is located within the Neighborhood Conservation Overlay District (NCOD). It is not considered a historic structure nor is it within a historic district. The property is located at the southeast corner of North Ida Avenue and Orange Street. The property has two front setback requirements of 15 feet per Section 38.320.030.C BMC. It requires two parking spaces, one which needs to be located on site. The existing lot is a non-conforming parcel that is 1875 square feet and is 25 feet in width. There is a right of way easement owned by the City between the lot and Orange Street. The subject property lot line is roughly 22 feet from Orange Street. Per 38.280.030 of the Bozeman Municipal Code, if a lot does not conform to the minimum lot size requirements, such a plot may nevertheless be used as a building site. In the R-2 zone district, the reduction can permit a single-household residence. The lot dimension requirements may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot. No deviation or variance is required for lot size, however, based on the lot size, it is impossible to fit a single- household residence on the property without a deviation request. The lot is accessed via an alley off the back (east) of the property. The alley is 16 feet wide. Per 38.360.030, the setback for a parking space off an alley without stacked parking is 8 feet. Due to the lot size and constraints, the deviation for a 0 foot setback for the parking spot is requested. Pursuant to Section 38.200.010.A.1.k BMC, the City Commission retains to itself under all circumstances the review of any deviation request where the deviation is for more than 20% of the standard. The proposed work as mentioned includes the construction of a single-household residence on a non-conforming parcel. The deviation request to allow for the residence to be 3 feet away from the front setback instead of the 15 foot setback requirement allows for a house to be constructed on the lot. A 15 foot front setback and a 5 foot side setback would allow for the building to be only 5 feet wide. The deviation from the setback allows a smaller residence to be 17-feet wide. No proposed construction will encroach into the public ROW. Section 38.340.050 BMC, lists the architectural design guidelines used to consider the appropriateness and compatibility of new construction to the neighboring properties. The review authority must also be guided by the design guidelines for the NCOD to determine whether the proposal is compatible with any existing or surrounding structures. A description of the NCOD Guidelines review criteria and staff evaluation is in Section 4 of this report. Staff finds that the proposed single-household residence meets the criteria in this section. Additional criteria from Section 38.340.050 BMC including C, D, E, and F are detailed below in Section 4. The application must also meet the standards for granting deviations in Section 38.340.070, BMC. A description and staff evaluation of these standards is in Section 4 of this report. Staff concludes that the new construction meets all criteria for granting the deviations and that the 206 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 3 of 16 modifications are more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in section 38.340.050 BMC, than would be achieved under a literal enforcement of Chapter 38. No public comment has been received as of writing this staff report. Conditions of Approval 1. 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. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. 207 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 4 of 16 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 TABLE OF CONTENTS .......................................................................................................... 4 SECTION 1 – MAP, PLANS, AND ELEVATIONS ............................................................... 5 SECTION 2 – REQUESTED DEVIATION(S) ..................................................................... 11 SECTION 3 – RECOMMENDATIONS AND FUTIRE ACTIONS ..................................... 11 SECTION 4 – STAFF ANALYSIS AND FINDINGS .......................................................... 11 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 15 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................... 16 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 16 FISCAL EFFECTS ................................................................................................................. 16 ATTACHMENTS ................................................................................................................... 16 208 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 5 of 16 SECTION 1 – MAP, PLANS, AND ELEVATIONS Figure 1. Zoning Map 209 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 6 of 16 Figure 2. Existing Site Plan 210 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 7 of 16 Figure 3. Proposed Site Plan 211 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 8 of 16 Figure 4. Existing Conditions 212 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 9 of 16 Figure 5. Proposed Elevations 213 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 10 of 16 Figure 6. Proposed Floor Plan 214 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 11 of 16 SECTION 2 – REQUESTED DEVIATION(S) An applicant has applied for a Neighborhood Certificate of Appropriateness application (NCOA) to demo an existing structure and construct a single family residence on July 14, 2021, which include two zoning deviation requests: 1. BMC 38.320.030.C: Deviation request to allow for a 3 foot front setback where 15 feet is required in the R-2 zone district. 2. BMC 38.540.020: Deviation request to allow a 0 foot setback for back up maneuverability where a 6 foot rear setback is required for a parking space off an alley. SECTION 3 – RECOMMENDATIONS AND FUTIRE ACTIONS The DRC determined that the application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on September 2, 2021. The proposed application and associated deviation request requires the review and decision of the City Commission. The City Commission retains to itself under all circumstances the review of any deviation request where the deviation is for more than 20% of the standard. Staff’s position is that the application conforms to standards and is adequate for approval. Staff has made positive findings for all deviation criteria and believes the proposed new construction is historically appropriate as it reflects the historic pattern of the neighborhood and it is taking place of a structure that does not sit on the entire lot and conforms more to the R-2 zone district standards. The City Commission will conduct a public hearing on the application on Tuesday, September 28, 2021 at 6:00 p.m. via WebEx and in-person. A WebEx link will be provided with the City Commission agenda. If attending in-person, the meeting is held in the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, MT. SECTION 4 – STAFF ANALYSIS AND FINDINGS Staff’s analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and 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. Historic Context & Architectural Description The existing structure at 424 N. Ida was not inventoried in the architecture survey that was conducted in 1983/1984. It is not considered a historic structure as there is no historical information on the property and its historic integrity has not been retained. The existing structure sits vacant and is dilapidated. 215 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 12 of 16 Applicable Plan Review Criteria 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. In considering applications for plan approval, the review authority and advisory bodies evaluate the following criteria. This application must be reviewed for compliance with all applicable requirements of this BMC chapter including overlay district requirements. The staff findings are analyzed under the following: Code Standard Meets Standards? BMC 38.340.050 Standards for Certificate of Appropriateness Yes BMC 38.340.070 Criteria for Granting Deviations Yes Standards for Certificate of Appropriateness In compliance with Section 38.340.050 BMC – Standards for certificates of appropriateness. The staff review considered criteria A-F when reviewing the COA application for the construction of a new single family residence, staff has individually evaluated the criteria below: A. All work performed in completion of an approved certificate of appropriateness must be in conformance with the most recent edition of the Secretary of the Interior's (SOI) Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the community development department). The National Park Service guidelines do not apply to this project as the proposal is for new construction. The existing structure is proposed to be demolished. B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures or properties, and with neighboring structures and properties, must focus on the standards outlined below. Although the proposal is for new construction, the design of the single household residence must adhere to the Certificate of Appropriateness standards and the NCOD Design Guidelines. 1. Height; The single household residence is two stories and 26 feet to the top of the pitch. The surrounding context includes residences that range from one to two stories in height. 2. Proportions of doors and windows; The proposed windows and doors maintains the proportions of windows and doors in the surrounding neighborhood. 216 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 13 of 16 3. Relationship of building masses and spaces; The building mass and space of the house maintains the character of the surrounding residences which are smaller, one to two story, single family detached. 4. Roof shape; The proposed roof shape is a front gable roof which is commonly seen within the area. 5. Scale; The scale of the proposed residence fits the context of the surrounding neighborhood. 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; The house continues a similar footprint and horizontal orientation as surrounding residences. 7. Architectural details; The proposed residence includes architectural details found in the area such as horizontal lap siding, one-over-one sash windows and a front porch. 8. Concealment of non-period appurtenances, such as mechanical equipment; and Any appurtenances are either concealed in the proposed residence or located off the alley. 9. Materials and color schemes. The proposed materials for the residence includes horizontal SmartSide lap siding which has been determined as an appropriate alternative material to wood. C. Contemporary, non-period and innovative design of new structures and additions to existing structures is encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures or their components and when such design is compatible with the foregoing elements of the structure and surrounding structures. The applicant has proposed a residence that is similar in architectural design as the residences in the area and is compatible to surrounding structures. D. When applying the standards of subsections A through C of this section, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district (NCOD). Application of the design guidelines may vary by property as explained in the introduction to the design guidelines. When reviewing a contemporary, non-period, or innovative design for new structures or additions to existing structures, the review authority must be guided by the design guidelines for the neighborhood conservation overlay district to determine whether the proposal is compatible with any existing or surrounding structures. Chapter 2 and 3 of the NCOD Design Guidelines outlines design for new building designs. The applicant has proposed a new build that emulates a style that is seen throughout the neighborhood. Although the lot is significantly smaller than the lots in the area, the design and layout of the residence 217 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 14 of 16 respects the historic settlement pattern of the neighborhood. The building form is similar to that seen around the block which is simple rectangular solids. E. Conformance with other applicable development standards of this chapter. Development in the NCOD must comply with all other applicable development standards of this chapter. The proposed house and parking spot does not comply with Section 38.320.030.C BMC or Section 38.540.020, and thus, deviations from both of those sections has been requested. F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2. NA, tax abatement was not requested in the application. In summary, staff finds that based on the above criteria, the proposed single family residence meets the standards for Certificate of Appropriateness. Criteria for Granting Deviations Pursuant to Section 38.340.070 BMC, there are three criteria for granting deviations from the underlining zoning requirement. 1. Modifications must be more historically appropriate for the building and site in question and the adjacent properties, as determined by the standards in Section 38.340.050, than would be achieved under a literal enforcement of this chapter. The existing single family residence is a nonconforming structure as defined in 38.280.040. It does not sit on the entire lot and encroaches onto City owned right-of-way, therefore not conforming to the standards of the R-2 zone district. Although the proposed project does require two deviations for setback and parking maneuverability, the provision outlined in Section 38.280.030, nonconforming area and bulk requirements for existing lots, does enable a property to be used as a building site when there is not the sufficient lot size to conform to standards. The design of the new structure is compatible to the surrounding structures and neighborhood. It creates an infill property that fits with the pattern of the neighborhood. Parking off the alley is typical in the area. The proposed residence requires one onsite parking spot and by providing it off the alley, no additional curb cut is needed off the street which maintains the pattern of the neighborhood and is more historically appropriate. Therefore, staff supports the applicant’s argument that the proposed single family residence meets criteria one for granting deviations. 2. Modifications will have minimal adverse effects on abutting properties or the permitted uses thereof. The proposed house will have minimal adverse effects on abutting properties as it fits within the pattern of the neighborhood and is an allowable use in the R-2 zone district. Even with the three feet setback deviation, the house is roughly 22 feet from Orange Street and does not 218 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 15 of 16 encroach onto City right of way. Typically 20 feet is required for back up maneuverability and although the alley is 16 feet wide, between the size of the parking spot on site and the alley width, it has been determined that there is still adequate back up maneuverability with the deviation. Therefore, the construction of the residence will have minimal adverse effects on the abutting properties as five other residences on the block utilize the alley for parking. 3. Modifications must assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure such protection, and such conditions may include a time period within which alterations will be completed; landscaping and maintenance thereof; architectural, site plan and landscape design modifications, or any other conditions in conformity with the intent and purpose set forth in this part 1. Staff has not identified any potential issues related to public health, safety and general welfare as it related to the proposed application. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-2 (Residential Moderate Density District). The intent of the R-2 residential moderate density district is to provide for one-and two-household residential development at urban densities within the city in areas that present few or no development constraints. These purposes are accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2. Providing for community facilitates to serve such development while respecting the residential quality and nature of the area. Use of this zone is appropriate for areas with moderate access to parks, community service and/ or transit. Adopted Growth Policy Designation: The subject property is designated Urban Neighborhood: This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. 219 21258 Staff Report for 424 N. Ida Avenue NCOA/Deviation Page 16 of 16 APPENDIX B – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail on September 12, 2021 which was at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on September 12 and September 26, 2021. A notice sign was posted on site on September 12, 2021. No public comment has been received as of writing this staff report. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Drysdale Family, LLC, 511 Perkins Place, Bozeman, MT 59715 Representative: Visser Architects, PC, 163 Quiet Water Way, Manhattan, MT 59741 Report By: Sarah Rosenberg, AICP, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application. 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 #21258, 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=254539 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=21-258 220