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HomeMy WebLinkAbout08-16-22 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Consent F.1 Accounts Payable Claims Review and Approval (Waters) F.2 Authorize the Reimbursement of Gallatin County for the City of Bozeman's Share of the Bozeman Trail Road Pavement Overlay(Lonsdale) F.3 Authorize the City Manager to Sign a Release and Reconveyance of Easements, Releasing THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, August 16, 2022 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: 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, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code:2553 172 6724 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. Public comments will be accepted in-person during the appropriate agenda items. 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 hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 Document 2127248 with the State of Montana for the MSU Innovation Campus Project (21304)(Paz-Solis) F.4 Authorize the City Manager to Sign a Public Street and Utility Easement with O'Reilly Partnership, LLC and 4 Clovers, LLC and Seven Ox Seven, LLC for the Thomas Drive Annexation (22067)(Johnson) F.5 Authorize the City Manager to Sign a Professional Services Agreement with Affion Public for the Recruitment of the Vacant Assistant City Manager Position(Tozer) F.6 Resolution 5428 Intent to Create Special Improvement Lighting District 773 for 27th and Tschache(Harlow-Schalk) F.7 Resolution 5430 Intent to Create a Special Improvement Lighting District 774 for Simmental Way(Harlow-Schalk) F.8 Resolution 5432 Intent to Create a Special Improvement Lighting District 775 for S Lincoln(Harlow-Schalk) G.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. H.Special Presentation H.1 Triannual Climate Plan Report (Meyer) I.Action Items I.1 Continuation of Public Hearing for Gran Cielo - Cielo Way and S. 27th Ave. ZMA to Change the Zoning From R3 (Residential Medium Density District) to R-4 (Residential High Density District) on 4.279 Acres, Application 22117 to September 20, 2022(Saunders) I.2 Continuation of Public Hearing for South 8th Avenue ZMA to Change the Zoning From R-4 (High Density Residential District) to R-5 (Residential Mixed-Use High Density District) on 0.18 Acres, Application 22077 to September 27, 2022(Rogers) I.3 Continuation of Public Hearing for Block 104 ZMA to Change the Zoning From M-1 (Light Manufacturing District) to B-2M (Community Business District-Mixed) on 3.554 Acres, Application 22100 to August 23, 2022(Rogers) I.4 Continuation of Public Hearing for Thomas Drive ZMA to Change the Zoning From R-4 (Residential High Density District) to REMU (Residential Emphasis Mixed Use District) on 15.037 Acres, Application 22094 to September 20, 2022(Rogers) 2 I.5 Heritage Christian School Annexation and Zone Map Amendment to Annex and Establish an Initial Zoning of R-3, Residential Medium Density, on Approximately 13 Acres at 4310 Durston Road, Application 22170(Saunders) I.6 Public Hearing, Discussion and Decision on Agency Exemption Requests for Bozeman Legion Baseball Indoor Batting Facility, Application 21407(Hyde) J.FYI / Discussion K.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:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Levi Stewart, Assistant City Controller Aaron Funk, City Controller Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. 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:Montana Code Annotated, Section 7-6-4301 requires the City Commission to review claims prior to payment. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Additionally, the Department confirmed all expenditures were appropriately coded and within the current fiscal year allocated budget. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. 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 https://www.bozeman.net/departments/finance/purchasing. Report compiled on: August 12, 2022 4 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer SUBJECT:Authorize the Reimbursement of Gallatin County for the City of Bozeman's Share of the Bozeman Trail Road Pavement Overlay MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve reimbursement of Gallatin County in the amount of $98,201.19 for the City of Bozeman share of the Bozeman Trail Road pavement overlay. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The City of Bozeman has an established pavement management plan. Each year, through the use of Street Maintenance Funds, City Engineering contracts mill and overlay and chip seal streets maintenance projects. This annual street maintenance work is an investment in the longevity of our streets. This investment in pavement preservation extends the life of our streets and reduces the need for more expensive reconstruction projects. In Fiscal Year 2022, City Engineering partnered with Gallatin County on a pavement overlay project on Bozeman Trail Road. Gallatin County identified Bozeman Trail Road as a priority project for them in the summer of 2022. Annexation of the parcel adjacent to and east of Bozeman Trail Road included half of Bozeman Trail Road. This created shared ownership of Bozeman Trail Road with Gallatin County. Gallatin County Engineer, Levi Ewan, reached out to City Engineering to see if we were interested in partnering with them on the project. Funding was available in the fiscal year 2022 budget for the City share, and it was therefore seen as an opportunity to leverage our Street Maintenance funds and work with Gallatin County to cooperatively maintain a road that serves both city and county residents and more efficiently complete the road maintenance work using a single, combined City and County project. The work was awarded to Treasure State through a bid process conducted by Gallatin County. The work was completed this summer, and the City has been invoiced by Gallatin County for the work. The City of Bozeman share of $98,201.19 is based on the proportion of the project within the City. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or suggested. 5 FISCAL EFFECTS:This project will be paid for with approved funding from the FY22 Street Maintenance Fund - Maintenance and Rehabilitation (Mill & Overlay) Project Number STR71. Attachments: RB Invoice# 1622 07.19.22.pdf Report compiled on: July 29, 2022 6 7 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicholas Ross, Director of transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Release and Reconveyance of Easements, Releasing Document 2127248 with the State of Montana for the MSU Innovation Campus Project (21304) MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Release and Reconveyance of Easements, Releasing Document 2127248 with The State of Montana for the MSU Innovation Campus Project (21304). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Release and Reconveyance of Easements Report compiled on: August 2, 2022 8 1 RELEASE AND RECONVEYANCE OF EASEMENT The City of Bozeman, 121 North Rouse Avenue, Bozeman, MT 59715, a Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and reconvey the following described easement unto MONTANA STATE UNIVERSITY CAMPUS C/O MSU ALUMNI FOUNDATION, Montana as follows: W I T N E S S E T H WHEREAS the Grantor is the legal record title holder of a public utility and street easement situated across TRACT C-1A OF THE AMENDED PLAT OF WEST COLLEGE MINOR SUBDIVISION # 195A, SITUATED IN THE NE 1/4 SECTION 14, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. WHEREAS the above public street and utility easement was granted June 13, 2017 and recorded on September 29, 2017 at the Clerk and Recorder's Office of Gallatin County, Montana. WHERAS the temporary roadway turn-around occupying said easement is to be removed and will no longer occupy said easement recorded on September 29th, 2017. WHEREAS a new public street and utility easement encompassing the entire Technology Boulevard right-of-way within the property as described above was recorded on __________________, 2022. WHEREFORE, the Grantor does hereby release and reconvey to MONTANA STATE UNIVERSITY CAMPUS C/O MSU ALUMNI FOUNDATION the entirety of the easement located on the above described real property as set forth on Exhibit A attached hereto together with any right, title, or interest that the Grantor may have in said easements as set forth on Exhibit A and B attached hereto. 9 2 DATED this ______ day of _____________________, 20 . ___________________________________ GRANTOR - CITY OF BOZEMAN Title _____________________________ ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 2 , before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 10 EXHIBIT A EASEMENT DESCRIPTION A PUBLIC STREET AND UTILITY EASEMENT LOCATED ON A PORTION OF TRACT C-1A OF THE AMENDED PLAT OF WEST COLLEGE MINOR SUBDIVISION NO.195,RECORDED AS MINOR SUBDIVISION NO.195A,DOCUMENT NO.2127248,IN THE OFFICE OF THE GALLATIN COUNTY CLERK AND RECORDER,LOCATED IN THE NORTH HALF OF SECTION 14,TOWNSHIP 2 SOUTH, RANGE 5 EAST,PRINCIPAL MERIDIAN,MONTANA,COUNTY OF GALLATIN,STATE OF MONTANA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 5 OF MINOR SUBDIVISION NO.273; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 5 ALONG A 330.00 FOOT RADIUS CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 20o32'11",AN ARC DISTANCE OF 118.28 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT,SAID CURVE HAVING A CHORD THAT BEARS S56010'41"W,117.65 FEET;THENCE LEAVING SAID LOT BOUNDARY AND CONTINUING ALONG A 330.00 FOOT RADIUS CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 50058'05",AN ARC DISTANCE OF 293.55 FEET:THENCE S42o08'10"W,43.40 FEET; THENCE N89040'45"W,74.60 FEET:THENCE N9011'14"W,47.40 FEET;THENCE N31"16'56"E, 48.32 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A RADIUS OF 60.00 FEET AND A CHORD THAT BEARS S87o05'24"E,119.99 FEET; THENCE ALONG SAID CURVE 189.85FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A RADIUS OF 270.00 FEET AND A CHORD THAT BEARS N84026'42"E,282.46 FEET;THENCE ALONG SAID CURVE 297.24 FEET TO THE MOST SOUTHERLY CORNER OF LOT 2F-1;THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT, CONTINUING ALONG SAID 270.00 FEET CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 6.2812",AN ARC DISTANCE OF 30.49 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 2F-1,ALSO BEING THE TERMINUS OF THE NORTHERLY RIGHT-OF-WAY OF TECHNOLOGY BOULEVARD SOUTH;THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF RESEARCH DRIVE S46027'23"E,60.06 FEET TO THE POINT OF BEGINNING;CONTAINING 0.856 ACRES,MORE OR LESS.\\\MU. Drawn By cDK ExHIBiT Checked By esB PUBLIC STREET AND UTILITY EASEMENT Date 4/6/17 GRANTOR:ADVANCED TECHNOLOGY INC. REF SHEET# CTA #MsulC LivioNo2sTc,oral GRANTEE:CITY OF BOZEMAN SHEET# Cad File:Mslesvio Fax(4oe)222-loor 11 EXHIBIT B Curve Table Line Table Curve#Radius Delta Length ChordBearing ChordLength Line#Bearing Length C1 330.00 20032'11"118.28'SS6o10'41"W 117.65'L1 S42,08'10"W43.40' C2 330,00 50.58'O5"293.55'N88'O4'12"W 283.97'L2 N89040'45"W74.60' C3 60.00 181"17'45"189.85'S87"O5'24"E 119.99'L3 N9011'14"W 47.40' C4 270.00 63,04'38"297.24'N84,26'42"E 282.46'L4 N31"16'56"E48.32' C5 270.00 6028'12"30.49'N49"40'17"E 30.47'L5 S46027'23"E60.06' GRAPHIC SCALE 100 0 50 100 200 (IN FEET ) 1 inch =100 ft. FOUND PROPERTY CORNER (TYP.) EASEMENT ni 0 ,AREA la AMENDED PLAT OF WEST COLLEGEC3vilNORSUBDIVISION .XHIBITDrawnBycDK PUBLIC STREET AND UTILITY EASEMENT Checked By ass REF SHEET# Date 4/6/17 GRANTOR:ADVANCED TECHNOLOGY INC. CTA IL_asuic LivioNo2soN,o GRANTEE:CITY OF BOZEMAN sHEET# Cad File:Msicsvio Fax(4oe)222-loo7 12 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Public Street and Utility Easement with O'Reilly Partnership, LLC and 4 Clovers, LLC and Seven Ox Seven, LLC for the Thomas Drive Annexation (22067) MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Public Street and Utility Easement with O’Reilly Partnership, LLC and 4 Clovers, LLC and Seven Ox Seven, LLC for The Thomas Drive Annexation (22067). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Public Street and Utility Easement Report compiled on: August 3, 2022 13 14 15 16 17 18 19 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, HR Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Affion Public for the Recruitment of the Vacant Assistant City Manager Position MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement between the City of Bozeman and Affion Public for the recruitment of the vacant Assistant City Manager position. STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:The City currently has one vacant Assistant City Manager position. UNRESOLVED ISSUES:None. ALTERNATIVES:Not contract with an executive search firm and conduct the recruitment in- house, which is not recommended. FISCAL EFFECTS:$28,000 to be paid out of vacancy savings. Attachments: Professional Services Agreement - Assistant City Manager.docx.pdf City of Bozeman, MT - ACM- proposal.pdf Report compiled on: August 10, 2022 20 Professional Services Agreement for Executive Recruitment Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 27th day of July, 2022 (“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, Affion Public, PO Box 794, Hershey, PA 17033, 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, 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, DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 21 Professional Services Agreement for Executive Recruitment 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 DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 22 Professional Services Agreement for Executive Recruitment 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 DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 23 Professional Services Agreement for Executive Recruitment 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. DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 24 Professional Services Agreement for Executive Recruitment 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 DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 25 Professional Services Agreement for Executive Recruitment 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 Cassandra Tozer, Human Resources Director, 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 Scott Reilly, CEO, 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 DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 26 Professional Services Agreement for Executive Recruitment 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). DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 27 Professional Services Agreement for Executive Recruitment 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 DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 28 Professional Services Agreement for Executive Recruitment 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. DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 29 Professional Services Agreement for Executive Recruitment 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 ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 1ED8D57F-5E2F-460A-AD86-E421486926C1 Scott Reilly President Scott Reilly 30 Delivering Leaders We deliver leaders. Our executive recruiting specialists have national contacts within the public sector and professional organizations – allowing us to find a broad range of talent. We rigorously qualify and investigate each candidate. We won’t just pull names out of a database. When we are finished, you will have candidates that meet or exceed your expectations. Affion Public, LLC @Affionpublic affionpublic 31 07/27/2022 Cassandra Tozer Human Resources Director City of Bozeman 121 North Rouse Avenue - P.O. Box 1230 Bozeman, MT 59771-1230 Dear Cassie, Thank you for the opportunity to submit our offer of executive search services for the Assistant City Manager position. As you know, Affion Public is an executive search firm that specializes in identifying and placing exceptional executive level candidates within the public sector. We have built a successful practice on placing public sector executives and have a reputation for developing excellent working relationships with the clients we serve. Our partnership approach and high quality of work fosters the level of comfort our clients’ value and deserve. With our high touch style, we’ll be able to provide you with the attention that you warrant and deserve for this very important search. Our search process and collaborative approach has enabled Affion Public to conduct multiple searches for the majority of the clients we serve. We differentiate ourselves from our competition by seeking out passive, as well as active candidates that will best meet the needs of our clients. By conducting searches in this manner, we are able to provide a tailored pool of candidates rather than recycling the same candidates search after search. Our commitment to diversity and success at targeting minority candidates has also helped to set us apart from other firms. On behalf of Affion Public, we will be thrilled to be your firm of choice! Please feel free to contact me directly at 717-576-9847 or via email at reilly@affionpublic.com. I look forward to speaking with you in the near future. Best Regards, Scott Reilly CEO, Affion Public Corporate Address: PO Box 794 Hershey PA 17033 www.affionpublic.com 888.321.4922 toll free 717.214.4922 local Delivering Leaders. 32 Corporate Mailing Address: P.O. Box 794 Hershey, PA 17033 888-321-4922 www.affionpublic.com City of Bozeman, MT Executive Search Services Assistant City Manager 07/27/2022 33 2 Table of Contents Table of Contents ............................................................................................................................ 2 Company Profile ............................................................................................................................. 3 Why Affion? .................................................................................................................................... 3 What We Do Differently ................................................................................................................. 4 Relevant Search Experience ........................................................................................................... 5 Objectives and Approach ................................................................................................................ 6 Developing the Candidate Profile ....................................................................................................7 Candidate Pool ................................................................................................................................ 8 Affion Process in Screening ............................................................................................................ 8 Client Selection of Candidates for Interview .................................................................................10 Client Interviews and Final Selection ............................................................................................10 Hiring .............................................................................................................................................10 Statement of Diversity ................................................................................................................... 11 Sustainability Efforts ..................................................................................................................... 12 Individuals Assigned to Search:..................................................................................................... 13 Cost ................................................................................................................................................ 16 Guarantee: ..................................................................................................................................... 16 Reference List ................................................................................................................................ 17 Client List ....................................................................................................................................... 18 Affion Disclaimer Copyright © 2009 by Affion Public, LLC. All rights reserved. Printed in the United States of America. The information in this document is the exclusive property of Affion Public, LLC. The data and trade secrets contained herein are submitted for use solely by City of Bozeman. The reproduction of this document or any portion thereof, in any form, without the express written consent of Affion Public, LLC is forbidden. 34 3 Company Profile Affion Public is deeply rooted in the public sector, providing executive search services for state and local government, education and non-profit organizations since 2000. Our executive search division specializes in identifying the nation’s best and brightest executives and delivering those individuals to our public sector clients. Our partners are typically state, county, city, and government organizations as well as non-profits. Recognized as a leader in public sector executive searches, Affion has attained “preferred” vendor status or an exclusive relationship with a majority of its client partners. Affion’s corporate address is P.O. Box 794, Hershey, PA 17033. Why Affion? We are different. As a company, our strengths lie in our people, our passion, and our commitment. Affion employs an extremely talented group of professionals that bring a diverse set of skills and an average of over 10 years of experience in government and private sector venues. Extraordinary, trusted client partnerships have separated us from others in the industry. Embracing a small business approach has enabled the entrepreneurial spirit of Affion, while also ensuring a personalized approach and customized solution for our partners. It is our unique understanding of the complexities of the public sector that gives us an edge. We know what to challenge potential candidates on, and we know how to discern and qualify the very specific set of skills an executive needs in order to succeed within the public realm. Our particular expertise lies in our ability to reach out to and ultimately attract the best and the brightest into the public executive domain. Short and long term, Affion is looking for valued, long lasting partnerships, where we can have a real and positive effect for our client. Our public sector team provides a full range of customized executive recruiting and management consulting services. Particular areas of expertise lie within strategy, human resources, process and solutions. We have served in an advisory capacity to state, city, and municipal governments across the country. Historically, our specialized executive recruitment services have been client driven. By building strong client partnerships, and practicing due diligence, we gain an invaluable understanding of the mission, motivation and culture of our client. This has allowed us to successfully recruit across all departmental disciplines and ultimately to provide top executives to an array of governmental agencies and authorities (e.g. Information Systems, Public Safety, Engineering, Health and Human Services, Water Utilities, Economic Development, Assistant City Managers, City Managers, etc.). 35 4 What We Do Differently Our executive search goal is to specify, identify, qualify and deliver candidates that meet or exceed your expectations. After consulting with client executives and stakeholders, we utilize a systematic search methodology to customize and tailor the ideal candidate and position profile to meet the specified need. Targeting organizations that are similar to our client, we set out to find individuals that meet and exceed the background, education, experience, and personal characteristics required. This is done in a highly confidential manner and in compliance with applicable legal standards. Once a potential candidate has been identified, they will enter into a rigorous qualifying process to further establish the “fit”. A comprehensive confidential report on each of the selected candidates is prepared to include pertinent information relative to the candidates work history and background. A professional appraisal of the candidates’ competencies compared to the specific requirements will be provided as a continuum to the report. In the form of a portfolio presentation, we meet with the stakeholders to make our recommendations. We deliver individuals that are competent, qualified, and capable. We deliver solutions. 36 5 Relevant Search Experience City of Ann Arbor, MI • City Administrator (2011; 2016) City of Aurora, CO • City Manager (2018) City of Austin, TX • City Manager (2008) • Assistant City Manager (2013) City of Broken Arrow, OK • City Manager (2012; 2015) • Assistant City Manager (2014) City of College Station, TX • City Manager (2018) City of Columbia, MO • City Manager (2011) City of Commerce City, CO • City Manager (2021) City of Dallas, TX • City Manager (2016) • Assistant City Manager (2014) City of East Lansing, MI • City Manager (2012) City of El Paso, TX • City Manager (2014) City of Farmers Branch, TX • City Manager (2022 - present) City of Frisco, TX City Manager (2022) City of Fort Worth, TX Assistant City Manager (2022) City of Galveston, TX • City Manager (2012) City of Georgetown, TX • Assistant City Manager: Public Safety (2021) • Assistant City Manager: Development Services (2021) City of Huntsville, TX • City Manager (2008) City of Hollywood, FL • City Manager (2012) City of Irving, TX • City Manager (2006) City of Kirkwood, MO • Chief Administrative Officer (2014) City of Leander, TX • City Manager (2011) City of Marshall, TX • City Manager (2014) City of McKinney, TX • City Manager (2008) • Assistant City Manager (2009, 2014) City of Morgantown, WV • City Manager (2010) City of North Richland Hills, TX • City Manager (2009) City of Plano, TX • City Manager (2011) City of Port Arthur, TX • Assistant City Manager (2016) City of Round Rock, TX • City Manager (2011) City of San Antonio, TX • City Manager (2006) City of San Marcos, TX • City Manager (2008) City of Shawnee, OK • City Manager (2015) City of Springfield, MO • City Manager (2008) City of Tamarac, FL • Assistant City Manager (2017) City of Taylor, TX • City Manager (2019) City of Thornton, CO • City Manager (2015) 37 6 Objectives and Approach 1. Establishing the Timeline – we will work closely with you to determine your ideal start date for your executive and then work to make sure that we agree on all target dates and activities. 2. Input from Key Decision Makers – we will meet with all parties who will be impacted by this executive to seek input, which will also help us understand the company, the people and the working environment. This can include setting up public forums to engage the community in assisting in the process. 3. Developing the Candidate Profile – through extensive interviews we will gain a complete understanding of the mission and goals of the company and begin to create the profile of the executive you are seeking. 4. Candidate Pool and Search Techniques – we will use our own extensive internal database, our personal and professional connections, competitor intelligence, targeted recruiting, industry specific sourcing and other recruiting tools to begin to identify the perfect candidate. 5. Screening Process – we will conduct interviews to qualify each candidate, whether it is an internal candidate or an external one, prior to presentation to you, and will conduct an extensive background check on each potential candidate. 6. Selecting Candidates for Client Review – we will present the key decision makers with a portfolio of candidates for consideration and will discuss each candidate’s skills and qualifications in detail. 7. Choosing the Finalists and the Interview – once the client has reviewed the candidates and has selected the finalists, interviews with the key decision makers or the selection committee will begin. 8. Hiring – all candidates will have been pre-qualified on the salary range; benefits and we will assist in all final employment matters. 38 7 Developing the Candidate Profile Affion’s approach to executive searches is a very personal and systematic one. Our success is dependent on the access and information granted to us by the client organization, so that we can gather all the information possible to have a true understanding of the client’s needs. Only if we know the organization intimately and develop a very thorough and detailed profile of the ideal candidate, can we be assured of the right match for the organization and the individual who is ultimately selected. We pride ourselves in the value we bring to the table by working with the client to develop the profile of the ideal candidate from which to conduct our search. We do this by spending a great deal of time with the chief decision makers, elected officials, etc. at the very beginning, learning the history of the position, the mission and goals of the organization, the past successes and failures of the position, staff, budget and virtually everything the selected candidate would need to have experience and success addressing. In order for us to locate the ideal leader for an organization, we must know where that organization wants to go and what it will take to get it there. Each search is different, and we invest as much time in getting to know the style and organizational culture of our client as we do getting to know each candidate under consideration. We develop a strong relationship with the decision makers and people with whom the potential candidates would be working to ensure the right match. We spend time with the decision maker(s) to understand their idea of the "ideal" candidate, their own management style, and what the position means to them and to the organization. We learn and adopt the organization’s vision, so that we are able to recruit candidates who will embrace those goals and lead a strategy that will support that vision. We prefer to interview other successful executives at the peer level of the vacant position to get an understanding of the kind of leaders who are successful in the organization. We also find it valuable to interview some subordinate level staff, if possible, to assess some of the challenges or strengths within the current resources that the incoming executive would find. These early stages of the search are, in our mind, the most important. Our entire search team, including our assigned recruiter(s), is involved in this information gathering/ relationship process from the beginning so we all know exactly what our client is seeking in applicants and are qualifying candidates on the client’s organizational culture. For national searches, our team also investigates the community in which the position resides. We investigate the public and private school options, and even spend time with a realtor to get a feel of the local housing market for relocation. All of this helps us when we screen and sell candidates on the position. From the interviews and fact gathering, we will prepare a comprehensive candidate recruitment profile for the position, with the desired qualifications and characteristics, for approval by the client's designee(s). It is from this customized profile that we conduct our systematic search. Input from Stakeholders The first steps in any search begin with our onsite stakeholder meetings. The purpose of the stakeholder interviews is to allow Affion an intimate understanding of the organization, the people and the environment. These interviews are how we develop the two key profiles in which the search is built around. The first profile is the position profile. The position profile includes not only the requirements the successful individual will possess but also what they will be doing on a daily, weekly and monthly basis. This profile is critical in analyzing the potential candidate’s previous experience. The second profile is the candidate profile in which we spoke previously about. This profile allows Affion to define the type of individuals that will be successful in your organization. The stakeholder meetings begin with developing the list of individuals that will be working directly with this person. This list should include whomever the individual is responsible for reporting to and anyone who may be directly involved with the hiring and interview process. Affion is committed to spending as much time as necessary on the stakeholder meeting to ensure a successful placement. 39 8 The stakeholder meetings are approximately one-hour interview session in which our team will ask probing questions to what will make the candidate successful. These are generally done on an individual basis. Additional stakeholder meetings including public input will be scheduled at the discretion of the selection team. We have a long history of being very inclusive with our stakeholder process and often meet with community leaders, business leaders, civic and religious leaders as well as neighborhood associations. Candidate Pool Affion is a relationship driven, select targeting firm. We use our own internal database to draw upon potential candidates with whom we have built relationships and/or referrals. We use the telephone to reach out to referrals and candidates initially. We use the Internet as well as select research firms to investigate credit, criminal and other background checks and to obtain any written publications authored by, or regarding, the candidates. Beyond this limited use of technology, our efforts are all carried out in person. We post the job on the Internet or advertise in print as required by the client organization. Even our utilization of networks of professional or trade associations, is done in person. This personal approach is how we have been most successful in targeting and attracting the best and most diverse selection of candidates. Each Affion recruitment effort is customized specifically to the client organization’s needs and preferences. One of the additional values achieved from the time we spend in the beginning is getting to know the client organization and its culture and obtaining mutual agreement on a process that works for both of us. While we have a very strict and systematic internal qualifying/screening process, it is only visible to the client in the result it produces. Any processes external to our qualifying/screening process may be modified to accommodate the client’s organizational needs. Affion Process in Screening While the general steps outlined herein are the basis of the Affion search, flexibility is built into our model to accommodate a particular client’s preferences. Our search is customized to best meet the needs of our client and as long as we are not asked to forego steps to ensure quality, modifications or additions can be made. Sourcing/Recruiting Candidates Our senior executive recruiters (100% dedicated to this search) will identify candidates who have been successful in like organizations in similar positions. We search from a variety of sources to ensure development of a broad representative pool in terms of affirmative action efforts and experience; including our own network of contacts and files; public or private entities, professional and other associations and organizations related to the position and referrals. We do targeted advertising in publications specific to the position. 40 9 Targeted Recruiting Affion maintains a national database through extensive networks in industry specific business groups, trade and professional organizations. To further ensure a diverse candidate pool, we also source candidates from professional organizations and networks that are ethnic and gender specific. We reach out to a variety of sources to collectively find the best talent available. As a result of our previous and ongoing recruiting efforts within government and quasi-government organizations, (local, city, county, and state) Affion has, and continues to build, an expansive network of candidates that includes the best and the brightest in the public sector. That network of candidates exemplifies our professional commitment to building valued relationships, knowing the individuals’ experience and leadership styles, and understanding their needs and career goals. By operating within these guidelines, our deliverable to our client results in being a known and trusted entity. Screening/Qualifying Candidates Our senior executive recruiter conducts preliminary screening interviews of all candidates and the most promising candidates to determine their qualifications, pertinent accomplishments, experience, ability to meet special needs of the position and their interest in being considered. Preliminary screening will be based on a resume rating developed from criteria contained in the customized Candidate Recruitment Profile, information contained in the resumes submitted to Affion, and Affion’s knowledge of the people and organizations with whom and in which we work. At this point in the search, our recruiter is also securing preliminary, confidential reference information on the most promising candidates (as available and appropriate) to verify experience and qualifications; i.e., to ensure that it is worthwhile proceeding with them. After qualifying the best candidates into our process, those individuals are subjected to further rounds of interviews by additional Affion executive staff. The same criteria are used, but the emphasis here, is on organizational and cultural fit, and political acumen. This process assures the quality we demand of the short list of semi-finalists that are selected. All candidates are met face-to-face when possible. If the face-to-face interviews cannot be arranged, then video conferencing is arranged to ensure that the recruiters and executives within Affion are comfortable with the candidates they are presenting for consideration. Background Investigation When all members of the Affion qualifying team have agreed that the candidate fits the desired profile we begin extensive background checks to include criminal, education, and financial investigations. Reference calls are completed. Internet and media searches are conducted. This entire procedure is intended to further eliminate unqualified candidates, and to validate the credentials of the final candidates in process. Selecting Finalists for Promotion to Client From our rigorous qualifying process and investigation, Affion typically narrows the field of qualified candidates to the top 6-8. We present all of the client’s designated representatives with a comprehensive book of material on each of the selected individuals. These books contain summary profiles, resumes, applications, articles by or regarding the candidate, pertinent work product, and photographs of those candidates whose qualifications, work experience, achievements, and/or other special qualities qualify them for the position. This comprehensive confidential report on each candidate covers not only the candidate's working career and those personal aspects that are relevant to the position, but also our appraisal of how the candidate's competencies compare to your specific needs and environment. Affion and the client’s representatives will meet to review the detailed contents of the book. Internal Candidates Affion always screens and evaluates those applications and resumes received by the client from in-house or outside applicants to insure, on the client’s behalf, that the process is considered fair to all applicants and to determine if any of these individuals are qualified, viable candidates. Often, at the client’s preference we keep all in-house applicants in process until the final qualifying phases of the search process, unless it is clearly established that certain individuals are not qualified. 41 10 We review, evaluate and acknowledge in writing all applications and resumes received. Additionally, we ask that all solicitations for consideration made directly to the client be forwarded to Affion immediately to avoid duplication of efforts and take work off the client’s shoulders. Client Selection of Candidates for Interview Affion would work closely with the hiring team for selecting the finalist. Affion will make a portfolio presentation to the key stakeholders which will include; the resume, a brief bio written by the candidate, a description of the candidate’s strengths and weaknesses, and an answer to the questions “Why Should I be the Next…” Upon our face-to-face presentation of the finalists, with our recommendations and comprehensive background information, we require that the client select the number and names of the candidates it wishes to interview in person. Upon the client’s direction, Affion personnel will coordinate with client personnel to arrange interviews with the top candidates selected for consideration. Affion will work with the client to coordinate any travel or accommodation details that may be needed for each outside candidate. Client Interviews and Final Selection The finalist interviews would be conducted in conjunction with the wishes of the hiring team. Affion typically suggests that the hiring team utilize panel interviews and also perhaps a candidate presentation. The candidate presentation would be an oral presentation accompanied by a visual presentation. We typically ask all candidates to prepare a twenty-minute presentation in a power-point format. This presentation can be on a topic agreed upon by Affion and the client. The purpose of this presentation is to allow the selection committee to see how the candidates communicate their thought process and the candidate’s ability to effectively express those thoughts to their audience. The formal interview would involve the same set questions asked to each candidate by the same panel member. This allows the selection committee to evaluate each candidate on a fair and equal field. These questions are agreed upon in advance with Affion and the selection committee. Affion will be involved throughout the entire interview process to facilitate the interviews. Hiring Once it is time for a hiring decision, Affion will provide assistance on final employment matters, such as the negotiation process with successful candidates and notification to unsuccessful candidates. Any candidate that is presented for consideration will have been pre-qualified on the salary range, benefits and relocation package. Once the finalist has been selected it is our standard practice that the client sends a formal offer letter to Affion on behalf of the successful candidate. Affion will facilitate the signature and closing of the process. 42 11 Statement of Diversity Diversity is one of our core values, as well as part of our heritage. It acknowledges and celebrates the richness and value created by the differences among our employees, our customers, our service offerings, and our businesses. It is about people, backgrounds, lifestyles, ideas and balance between our work and personal lives. It is about maximizing the contributions from all members of our team so that we deliver greater value to our customers. It is about valuing differences. It is not a code word for affirmative action. It is much larger than that. It is about valuing differences. It is about inclusion. It relies on standards of performance and behavior, which lead to mutual respect. Diversity is about effectively using our collective talent to create a competitive advantage that leads to success – both for our internal support staff and contract workforce. Affion is truly committed to effectively recruiting and maintaining a diverse workforce. Affion maintains an Affirmative Action Program and policy to afford equal employment opportunity to all without regards to race, color, religion, sex, national origin, sexual orientation, handicap or disability or status as a disabled veteran or a veteran of the Vietnam War era. We take affirmative action to ensure applicants for employment and employees are treated without regard to these characteristics. The sole basis for decisions regarding employment status has been, and will continue to be, an individual’s qualifications, and based only on valid, non-biased job requirements in positions being filled. To carry out our policy, the commitment includes, but is not limited to recruitment, hiring, promotions, transfers, compensation, benefits, layoffs, terminations, educational tuition assistance and company sponsored training and recreational programs. Affion employs responsible reporting and monitoring procedures to ensure that all personnel actions are in strict compliance with the Equal Opportunity Policy and our Affirmative Action program. We are further committed to be an Equal Opportunity Employer by various federal, state and city laws on fair employment practices. All of Affion’s advertising reflects these same important standards. We are proud of our success in ensuring a diverse candidate pool and thrilled to have placed multiple women and minority candidates in executive level municipal positions, nationwide. 43 12 Sustainability Efforts Our commitment to climate action includes improving the environmental footprint of our operations by going paperless. All the steps involved in creating paper have significant impacts on the environment. Because of this we have made the commitment to go paperless by providing pdfs of our candidate binder presentations, proposals, and additional written communication. We have also taken steps to reduce our carbon footprint by implementing less travel and utilizing technology for stakeholder meetings, initial interviews, etc. We hope by taking these actions, we are helping to protect the health of our planet today and for generations to come. 44 13 Individuals Assigned to Search: Scott Reilly CEO, Affion Public reilly@affionpublic.com 717-576-9847 Scott will be the lead on this search and responsible for quality assurance during the length of your project. During the engagement, he will be responsible for ensuring the success of the process. Scott, previously the Vice President of Arcus Public, has more than 20 years’ experience in Sales, Executive Recruiting and Technology. His depth of knowledge and experience placing top executives and technology professionals enables him to lead the talented group of professionals at Affion Public. Throughout his tenure in the public sector, he has been responsible for leading the engagement process and successfully placing more than 100 professionals in key roles. He’s worked in the trenches performing the searches, as well as in leadership roles guiding his team and building relationships with clients while at the helm. He truly understands and appreciates the intricacies of the market, and as CEO for Affion Public, he is responsible for the strategic direction and approach of each of the firm’s key service areas. Scott has been a speaker/presenter on various topics nationally working with leading government officials; to help identify opportunities for technology research and share best practices as well as executive search forums. He was named a founding Honorary Alumni to the Harrisburg University of Science and Technology first graduating class. He currently serves as the vice-chairman of the Derry Township Municipal Authority and has been an active member on the Hershey Country Club Board of Governors. Scott was also recognized by the Central Penn Business Journal as one of the region’s Top 40 Under 40. He holds a Bachelor of Science degree in Marketing from Rider University. Scott has been directly involved with all executive level searches through Arcus Public and Affion Public since 2003. Gina Sprowls Recruiting Manager sprowls@affionpublic.com 717-763-1987 Gina will manage the recruitment efforts of your executive search. During the engagement, she will provide the direction and coordination for the recruitment to ensure the profile of the ideal candidate is adhered to, so the best candidate is hired for the job. Gina will be responsible for identifying, profiling, and screening the candidates. Her role will include qualifying potential candidates and conducting interviews of candidates. Additionally, she will assist in coordinating interviews, soliciting feedback, and conducting professional reference checks. She may be involved in the presentation of the final candidates to the stakeholders for consideration. Gina brings over ten years of diverse experience in recruitment, sales and management. She offers a strong background in Human Resources with an emphasis on executive level recruitment and training. Her recruitment career has crossed over several industries including Public Sector, Technology, Finance, Healthcare, Sales and Education. She has worked on multiple executive level searches for clients across the nation and is known for building and maintaining excellent relationships with our clients and candidates. She holds a Bachelor of Science degree in Business Administration from Capella University and an Associate of Arts degree in Human Resources. Gina has been directly involved with all executive level searches through Arcus Public and Affion Public since January 2008. 45 14 Individuals Assigned to Search continued.. Brittany Schwaber Executive Recruiter bschwaber@affionpublic.com 717-468-6466 Brittany will focus on the recruiting efforts of your search. As she works through this process, she will adhere to providing a detailed and informative profile of ideal candidates to ensure that the best individual for the position is identified and hired. Brittany will be responsible for discovering, sourcing and screening candidates that present as qualified contenders for the role. In addition, she will be conducting candidate interviews, coordinating the logistics of interviews, gathering feedback and performing reference checks. Brittany brings over seven years of experience in recruiting with a dynamic approach to her work. Her career has been diverse in different industries that include biopharmaceuticals, construction, and manufacturing. She has a well-rounded background in the field of Human Resources with an emphasis and passion for talent management strategies, employee retention and engagement initiatives and career development. Brittany is known for her ability and ease in establishing and building relationships with candidates. Her keen eye for detail coupled with her responsiveness makes for a great partnership between clients and candidates. She holds a Bachelor of Science degree in Business Management from Kutztown University and a Professional in Human Resources (PHR) certificate from HRCI. Cassandra Segedy Marketing Associate csegedy@affionpublic.com 603-491-5042 Cassie will focus on the marketing efforts of your search. As she works through this process, she will provide thorough and concise social media marketing and marketing materials, to help reach a large array of qualified candidates. Cassie will be responsible for creating the brochure used for social media and job postings, posting the position on all Affion Public social media platforms and sponsored job sites, creating candidate binder presentation materials, running background checks and creating job announcements for the successful candidate. Cassie brings 7 years of marketing, advertising, and graphic design experience with her. Her career has been diverse in different industries that include manufacturing, life sciences, food service, data logging, grocery distribution, and small business management. Cassie has extensive experience in social media marketing, print advertisement, web design, and graphic design. Cassie is known for her easy-going nature, attention to detail, and responsiveness, allowing her to create the perfect marketing materials specific to your city and job posting. Cassie holds a Bachelor of Arts with a concentration in Graphic Design from the State University of New York at Oswego. 46 15 Proposed Project Timeline: Timeframe Activity Upon Selection • Affion to negotiate and finalize contract Once contract is finalized • Facilitate a meeting to discuss timelines, recruitment process and plan for completing the Position and Candidate Profiles • Affion to meet with identified stakeholders to begin the due diligence process • Conduct Public Forums if needed • Simultaneous industry research taking place Within 10 days after the contract is finalized • Affion presents draft of Profile Upon approval of profile/brochure • Search Firm conducts recruitment to include: o Referrals, LinkedIn, Sourcing, etc. o Post the job on websites Ongoing • Progress Report—check for quality and diversity of applicants. Determine need to target any specific group or area. • Review and qualify all potential candidates 30 days after posting • Deadline to receive resumes 45 days after resume deadline • Binder Presentation of 6-8 candidates to the Selection Panel • Affion will facilitate a review of the final candidates 2 weeks after binder presentation • Conduct first round of candidate interviews with the Search Committee and key stakeholders • Finalize decision on the candidate of choice and negotiate employment agreement with the candidate 2 weeks after final interviews • Successful Candidate accepts offer of employment 47 16 Cost Full Executive Search: Affion executive searches are full-service searches conducted by senior executives within our firm. The fee we have outlined herein is all inclusive of all phases of the search including stakeholder meetings, profile development, job postings, sourcing, recruitment, interviewing, reference checking, background checks, media checks, and candidate offer negotiation. Fee for the Assistant City Manager: $28,000 (all inclusive) Additional expenses, which are not included in the overall fee but are expected to be reimbursed by the City of Bozeman, MT include all candidate travel expenses for the purpose of interviews with the City of Bozeman, MT. This will vary depending on the location of the finalist selected. While invoice procedures can be adjusted, our typical billing practice is to spread the fee payment over three equal installments. (One-third to be billed when the contract is signed, one-third to be billed upon presentation of the Final Candidates, and the last one-third to be billed upon the hiring of the desired Candidate.) Adjustments to our payment and billing processes are negotiable in order to best accommodate our clients’ needs. Guarantee: As with all of our executive searches, we are prepared to offer our standard professional service guarantee. If the hired candidate is asked to leave for reasons of non-performance or leaves of his/her own volition in the first 24 months of employment, we will re-launch a search for a new candidate, under the original position specifications. In such a case, we will do so for no additional professional fee, though charging expenses that may incur to include all Affion travel, hotel, and re-posting of job advertisements. It is our commitment to partner with you from the initial signing of the contract until the candidate accepts and offer and begins employment. 48 17 Reference List City of Austin, TX Sonya Alexander-Harry HR Consultant 301 W. Second St. Austin, TX 78701 512-974-3228 Sonya.Alexander-Harry@ci.austin.tx.us Affion has completed several searches with the City of Austin. We placed the City Manager (2008), CIO, Fire Chief, Director of Solid Waste Service, Chief Sustainability Officer, Director of Code Compliance, Chief Financial Officer; Assistant Director, Engineering Services, Assistant Director, Pipeline and Operational Maintenance, and the Water Resource Planning & Analysis positions within the Austin Water Utility, an Assistant City Manager, a Purchasing Officer, and the Deputy Director, Economic Development, a Redevelopment Division Manager, and a Chief Technology Officer search with Austin Energy. We completed their Fire Chief search (2018), Director of Economic Development search (2018), their Director of Development Services (2019) and Homeless Strategy Officer (2019) Chief Information Security Officer search (2019), their Assistant Director of Economic Development (2020), the Director of Austin Code position, their Homeless Strategy Officer (2020), and we just finished their Assistant Director, Housing and Planning search (2021). We just finished working with them on their Chief Resiliency Officer (2021), and EMS Chief searches (2021), and we currently working them on a search for their next Director, Austin Water. Sonya has worked closely with us on several of the searches. City of Fort Worth, TX Dianna Giordano Director of Human Resources and Civil Service 200 Texas St. Lower Lobby Fort Worth, TX 76102 817-360-0674 Dianna.Giordano@fortworthtexas.gov Affion had the pleasure of working with the City of Fort Worth on a search for two Assistant City Manager positions. We worked closely with Dianna throughout the interview process. City of Georgetown, TX David Morgan City Manager 808 Martin Luther King Jr. St. Georgetown, TX 78627 512-930-3741 David.morgan@georgetown.org Affion just finished working with the City of Georgetown on their Assistant City Manager – Public Safety and their Assistant City Manager – Development Services searches. We worked closely with David Morgan throughout both searches. 49 18 Client List Cities: Borough of State College, PA • Director of Public Works (2016; 2021) City of Ann Arbor, MI • Parks and Recreation Services Manager (2008) • Parks and Recreation Services Deputy Manager (2008) • City Administrator (2011) • Fire Chief (2014) • Police Chief (2015) • City Administrator (2016) City of Arlington, TX • City Auditor (2014) • Director of Community Development and Planning (2015) City of Asheville, NC • Urban Planning and Design Director (2014) • Police Chief (2015) City of Austin, TX • City Manager (2008) • Fire Chief (2008) • Chief Information Officer (2008) • Director of Solid Waste Services (2009) • Chief Sustainability Officer (2010) • Director of Code Compliance (2011) • Chief Financial Officer (2012) • Austin Water Utility (AWU) Assistant Director, Engineering Services (2013) • Austin Water Utility (AWU) Assistant Director, Pipeline Operations and Maintenance (2013) • Assistant City Manager (2013) • Purchasing Officer (2014) • Deputy Director, Economic Development (2015) • Redevelopment Division Manager (2015) • Assistant Director of Water Res Planning & Analysis (2015) • Austin Energy – CTO (2016) • Austin Energy – Chief of Staff (2017) • Fire Chief (2018) • Director of Economic Development (2019) • Director of Development Services (2019) • Chief Information Security Officer (2020) • Assistant Director of Economic Development (2020) • Director of Austin Code (2020) • Homeless Strategy Officer (2020) • Assistant Director of Housing and Planning (2021) • Chief Resiliency Officer (2021) • Emergency Medical Services Chief (2021) • Director, Austin Water (2022 – present) 50 19 City of Aurora, CO • City Manager (2018) • Court Administrator and Detention Director (2021) City of Atlanta, GA • Chief Information Officer (2003) City of Bellevue, WA • Director of Planning and Community Development (2010) • Chief Communications Officer (2012) • Chief Economic Development Officer (2014) • Chief Communications Officer (2016) • Director of Planning and Community Development (2016) 9T City of Boise, ID • Planning and Development Services Director (2021) City of Boulder, CO • Director of Public Works for Utilities (2011) • Deputy Director of Community Planning and Sustainability (2011) • Comprehensive Planning Manager (2012) • Human Resources Director (2013) City of Bozeman, MT • Human Resources Director (2021) • Director of Transportation and Engineering (2021) • Director of Utilities (2021) • City Engineer (2022 – present) City of Broken Arrow, OK • Fire Chief (2010) • Police Chief (2011) • City Manager (2012) • Assistant City Manager (2013) • Director of Engineering/Construction (2014) • Fire Chief (2014) • City Manager (2015) City of Burbank, CA • Director of Finance (2009) • Director of Parks and Recreation (2007) City of Burleson, TX • Chief Technology Officer (2021) City of Chandler, AZ • Chief Information Officer (2007) • Director of Economic Development (2008) • Director of Planning and Development (2008) • Municipal Utilities Director (2015) City of Chester, PA • Chief Operating Officer (2022) 51 20 City of Cedar Park, TX • Director of Information Services (2018) • Police Chief (2021) City of College Station, TX • Assistant Director of Planning & Development (2008) • Fire Chief (2016) • Chief Information Officer (2017) • Director of Water Services (2018) • City Manager (2018) • Director of Planning and Development Services (2018) City of Columbia, MO • City Manager (2011) • CIO (2015) City of Commerce City, CO • City Manager (2021) City of Corpus Christi, TX • City Manager (2008) City and County of Denver, CO • Manager of Community Planning and Development (2012) • Independent Monitor (2021) City of Dallas, TX • Deputy Director CIS (2005) • Public Information Officer (2005) • Assistant Director Dallas Water Utilities (2005) • Assistant Director CIS (2005) • Director and Chief Information Officer (2005) • Director of Housing (2014) • Assistant City Manager (2014) • Director of the Department of Trinity Watershed Management (2015) • Fire Chief (2016) • City Manager (2016) • Assistant Director of Transportation (2022 – present) City of Denton, TX • Director of Environmental Services and Sustainability (2021) City of Dublin, OH • CIO (2015) • Planning Director (2015) • City Manager (2022 – present) City of Durango, CO • Director of Public Works (2021) City of East Lansing, MI • City Manager (2012) City of El Paso, TX • City Manager (2014) • Director of Museums and Cultural Arts (2014) • Managing Director of Public Works (2015) • Director of Planning and Inspections (2018) 52 21 City of Eugene, OR • Executive Director of Planning and Development (2010) City of Farmers Branch, TX • City Manager (2022 - present) City of Fort Collins, CO • Chief Sustainability Officer (2014) • Light & Power Operations Manager (2015) • Chief Human Resources Officer (2016) • Cultural Services Director (2016) • Transfort & Parking Services General Manager (2018) • Director of Cultural Services (2018) • Director of Planning, Development and Transportation (2019) City of Fort Worth, TX • Assistant City Manager (2022) City of Frisco, TX • City Manager (2022) City of Galveston, TX • City Manager (2011) City of Gardner, KS • Business and Economic Development Director (2015) • Utility Director (2015) City of Georgetown, TX • Assistant City Manager (2021) City of Greeley, CO • Director of Human Resources (2020; 2022) • City Clerk (2020; 2022) • Finance Director (2020) • Fire Chief (2021) • Director of Public Works (2021) • Human Resources Deputy Director (2021) • Deputy Finance Director (2021) • Culture, Parks and Recreation Director (2022) • Payroll Administrator (2022) • Human Resources Deputy Director (2022) • Director of Communications and Engagement (2022 – present) • Community Development Director (2022 – present) City of Hollywood, FL • City Manager (2011) City of Huntsville, TX • City Manager (2008) 53 22 City of Irving, TX • City Manager (2006) • Assistant City Manager (2008) • Internal Auditor (2008) • Director of Human Resources (2007) • Assistant Director of Human Resources (2007) • City Attorney (2007) • Fire Chief (2006) • City Secretary (2010) • Capital Improvement Program Director (2019) City of Kirkwood, MO • Chief Administrative Officer (2014) • Police Chief (2017) City of Leander, TX City Manager (2011) City of Los Angeles, CA • CIO-Los Angeles World Airport (2007) • General Manager, ITA (2002) • Information Systems Manager (2002) • General Manager Department of Aging (2003) • Director, Bureau of Sanitation (2004) • Los Angeles Zoo: General Manager (2003) • City Engineer (2003) City of Lynwood, CA • Assistant City Manager (2007) • Director of Human Resources (2007) • Assistant Director of Public Works (2007) • Deputy Director of Development (2007) City of Marshall, TX • City Manager (2014) City of McKinney, TX • City Manager (2008) • Assistant City Manager (2009) • Director of Finance (2011) • Director of Water Utilities and Infrastructure (2013) • Assistant City Manager (2014) • Director of Public Works (2016) City of Mesa, AZ • Deputy City Manager (2007) • Director of Human Resources (2007) City of Missouri, City, TX • Director of Finance (2016) • Director of Development Services (2016) • Director of Economic Development (2022 - present) City of Morgantown, WV • City Manager (2010) 54 23 City of North Richland Hills, TX • City Manager (2009) • General Manager: NRH2O, Water Park (2014) City of Pflugerville, TX • Assistant City Manager (2022 - present) City of Phoenix, AZ • Human Resources Director (2015, 2017) City of Plano, TX • City Manager (2010) • City Attorney (2013) City of Port Arthur, TX • Assistant City Manager (2016) • Public Works Director (2016) City of Round Rock, TX • City Manager (2010) • Director of Human Resources (2012) • Police Chief (2013) • Deputy CFO (2021) City of San Antonio, TX • City Manager (2006) • Assistant City Manager (2006) • Director for the Office of Management and Budget (2020) • Transportation Director (2020) • Government Affairs Director (2021) • Communication and Public Engagement Director (2021) • Diversity, Equity, and Inclusion Officer (2022 – present) City of San José, CA • Deputy Director of Administration (2006) • Deputy Director of Integrated Waste Management (2006) City of San Marcos, TX • City Manager (2008) • Human Resources Director (2011) • Chief Building Official (2011) City of Savannah, GA • City Manager (2010) City of Scottsdale, AZ • Police Technology Director (2009) City of Shawnee, OK • City Manager (2015) City of Springfield, MO • City Manager (2008) 55 24 City of Tacoma, WA • Assistant City Manager (2006) • Director of Finance (2007) • Director of Information Technology (2008) • Assistant Director of Finance (2009) City of Tamarac, FL • Fire Chief (2009) • Director of Community Development (2013) • Assistant City Manager (2017) • Public Services Director (2022 – present) City of Taylor, TX • City Manager (2019) City of Thornton, CO • City Manager (2017) Incorporated Village of Garden City, NY • Village Administrator (2014) The Township of Derry, Hershey, PA • Township Manager (2018) Counties: County of Los Angeles, CA • Information Systems Manager (2007) • CIO-Los Angeles World Airport (2007) City and County of Denver, CO • Independent Monitor (2021) City and County of Philadelphia, PA • Chief Information Officer (2000) • CIO-Philadelphia Free Library (2001) • CIO- Philadelphia Police Department (2006) Delaware County, PA • Executive Director (2020) • Health Department Director (2021) • Director of Purchasing (2021) • Diversity, Equity, and Inclusion Officer (2021) • Prison Warden (2021) • Planning Director (2022 – present) Laramie County, WY • Public Works Director (2014) Milwaukee County, WI • Director of Parks, Recreation & Culture (2013) Washtenaw County, MI • Community Development Director (2007) 56 25 States: Commonwealth of Pennsylvania-Office of Administration • Chief Information Officer (2008) • Chief Technology Officer (2008) • Deputy Chief Information Officer (2008) State of Texas, Austin, TX • Director of Benefits - Employee Retirement System of Texas (2006) • CTO - Employee Retirement System of Texas (2005) • Chief Information Officer of DIR (2006) Education: Harrisburg University, Harrisburg, PA • Director of Learning Assessment (2009) • E-Business Program Director / Faculty (2008) • Learning Technologies Program Director / Faculty (2008) • CIS Program Director / Faculty (2007) • Biotechnology Professor (2008) • VP for Development (2005) • Director of Development (2007) • Controller (2006) • Network Administrator (2006) Other: Austin Economic Development Council • President/CEO (2021) Austin Transit Partnership • Director of Accounting (2022) Central Texas Regional Mobility Authority (CTRMA) • Executive Director (2020) Clarksville-Montgomery County EDC • President/CEO (2021) E-470 Public Highway Authority, Aurora, CO • Executive Director (2015; 2021) Housing Authority of the City of El Paso, TX • Chief Operating Officer (2010) International City/County Management Association (ICMA) • Chief Information Officer (2021) Minneapolis Parks and Recreation Board, MN • Assistant Superintendent of Planning (2011) • Assistant Superintendent of Recreation (2012) • Deputy Superintendent (2012) • Assistant Superintendent of Environmental Stewardship (2012) • Director of Park Safety and Security (2013) • Human Resources Manager (2013) Roanoke Redevelopment and Housing Authority • Executive Director (2006) 57 26 Round Rock Chamber of Commerce, TX • President/Chief Executive Officer (2014) San Antonio Water System (SAWS) • Chief Information Officer (2016) • Sr. Vice President / Chief Operating Officer (2022 – present) Valley Regional Transit, ID • Executive Director (2022 - present) Williamson-Burnet County Opportunities, Inc. (WBCO) • Executive Director (2013) North Texas Municipal Water District (NTMWD) • Water System Manager (2018; 2022 - present) 58 27 Thank you for the opportunity to submit this proposal. We look forward to assisting you with your executive search needs! 59 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Resolution 5428 Intent to Create Special Improvement Lighting District 773 for 27th and Tschache MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5428, Intent to Create Special Improvement Lighting District #773 for 27th & Tschache. 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs 60 by billing property owners each year on their City Assessment bill. It is estimated to cost $17.44 per acre within the district or $251.64 annually for the entire district, or on an average size lot of 628,484 square feet the annual estimated cost would be $251.64, which is payable semiannually. Attachments: Resolution 5428-Intent to Create SILD 773.docx Exhibit A 27TH AND TSCHACHE SILD Exhibit.pdf Exhibit B-27th & Tschache.pdf Report compiled on: July 27, 2022 61 Page 1 of 9 RESOLUTION 5428 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 773 (27TH & TSCHACHE)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve 27th & Tschache (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for nine (9)Signify Lumec RoadFocus small 16 LED Cobrahead 38 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.33 per 38 watt LED fixture or; $20.97 total for all 38 watt fixtures. This calculates to $251.64 annually. Section 2 Number of District.The District, if the same shall be created and established, shall be known and 62 Resolution 5428, Intent to Create Lighting District 773 Page 2 of 9 designated as Special Improvement Lighting District No. 773 (27th & Tschache) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5.The annual maintenance and energy costsare estimated at $251.64, andshall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 14.428 acres, or 628,484 square feet, exclusive of parks and open space. The initial costs of the Improvements per 63 Resolution 5428, Intent to Create Lighting District 773 Page 3 of 9 acre shall be $.17.44 or $0.0004 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $251.64, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $52.10 per acre, or $0.001196 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the 64 Resolution 5428, Intent to Create Lighting District 773 Page 4 of 9 contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (September 6, 2022) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on September 20, 2022 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse Ave. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on Sunday August 21, 2022 and August 28, 2022, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 16th day of August, 2022. ___________________________________ CYNTHIA ANDRUS Mayor ATTEST: 65 Resolution 5428, Intent to Create Lighting District 773 Page 5 of 9 ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 66 Resolution 5428, Intent to Create Lighting District 773 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5428, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 773 (27TH & TSCHACHE) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on August 16, 2022, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 16 th day of August, 2022. ___________________________________ MIKE MAAS City Clerk 67 Resolution 5428, Intent to Create Lighting District 773 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 773 (27TH & TSCHACHE) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on August 16, 2022, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5428 to create Special Improvement Lighting District No. 773 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to 27TH & TSCHACHE, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5428 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The annual maintenance and energy costs are estimated at $251.64, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 14.428 acres, or 628,484 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $17.44 or $0.0004 per square foot annually. The initial costs of the Improvements per acre shall be $17.44. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $52.10 per acre, or $0.001196 per square foot. On Tuesday, September 20, 2022, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public 68 Resolution 5428, Intent to Create Lighting District 773 hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on September 6, 2022. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 19th day of August, 2022. Mike Maas City Clerk City of Bozeman Legal Ad Publication Dates: Sunday, August 21, 2022 Sunday, August 28, 2022 69 Resolution 5428, Intent to Create Lighting District 773 RESOLUTION 5428 Resolution of Intent to create SILD No.773 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to 27TH & TSCHACHE, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regards to the owners in Special Improvement Lighting District No. 773, as listed in Exhibit "B", on Friday, August 19, 2022, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 19 th day of August, 2022. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 70 WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWBPBPBPBPNGSSSSSSSSSSSSSSSSOOOOOOOOOOOOOOOO2126272829303132332041604230SSSSSSCOSSS22201WWWWWWWWWWWWWWBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBPBPBPBPBP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPNGNGNGNGNGNG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NGBFBFBFBTVBTVBTVBTVBTVBTVBTVBTVBTVBT V BT V BTV BTV BTV BTV BTV BTV BTV BTV OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPBTVBTVBTVBTVBTVBTVBTVBTVBFBFBF BFNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGBTVBTVBFBFBPBPBPBPBPBPBP BPBPBPOHPBPBPBTVBTVBTVBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFNGNGBFBFBFBFBFBPBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBTBTBTBTBTBTBTBTBTBTSDSDSDBTVBTVBTVBTVBTVBTVBTVBTVBTVSSSSSSSSSSSSSDSDBTV WWWBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPTVPEFDETESTPTDESTTVDBTVSWWWWWWS89°39'17"W 661.13'N1°27'25"E 833.73'N89°45'16"W 413.83'S1°28'13"W 320.88' S89°53'55"W 247.21' S1°28'13"W 482.48' S1°27'31"W 666.81' VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2022COPYRIGHT © MORRISON-MAIERLE, SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY M:\10093 VOYAGER RESIDENTIAL PARTNERS, LLC\001_27TH & TSCHACHE MULTI FAMILY\ACAD\EXHIBITS\SILD EXHIBIT.DWGREVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 1055 Mount Avenue Missoula, MT 59801 406.542.8880 www.m-m.net engineers surveyors planners scientists MorrisonMaierle PLOTTED BY:WYATT E. HATCH ON Jul/22/2022 2695 TSCHACHE LANE BOZEMAN MONTANA SILD DISTRICT BOUNDARY 10093.001 1 EX-A WEH WEH WEH 07/2022 50 10025500 SCALE IN FEET   NORTH 27TH AVENUEBAXTER LANETSCHACHE LANETRADE WIND LANENORTH 25TH AVENUE TURBULENCE LANEPROPOSED SILD BOUNDARY GENERAL NOTES: 1.TOTAL ACREAGE OF SILD BOUNDARY (RED LINES) IS 659, 213 SF (15.13 ACRES). PHASE 2-5 MINOR SUB. 404A (CONCEPTUAL LAYOUT ONLY) ± 161,640 SF ± 3.71 AC PHASE 2-5 MINOR SUB. 404A (CONCEPTUAL LAYOUT ONLY) ± 105,773 SF ± 2.43 AC PHASE 2-5 MINOR SUB. 404A (CONCEPTUAL LAYOUT ONLY) ± 113,624 SF ± 2.61 AC PHASE 2-5 MINOR SUB. 404A (CONCEPTUAL LAYOUT ONLY) ± 108,654 SF ± 2.49 ACOPENS SPACE MINOR SUB. 404A± 31,019 SF± 0.712 AC71 Owner:Bozeman Property Owner LLC The Voyager Company Matt Booma, Managing Principal 1999 Circle Drive Cleveland, Ohio 44106-3666 Acct #Phase Blk Lot Sq Ft Owner Owner Address City, State Zip 166610 2-5 Minor Sub 104A 628,484.00 Bozeman Property Owners LLC 1999 Circle Dr Cleveland, OH 44106 Acres 14.43 27th & Tschache Original #166610 Address 72 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Resolution 5430 Intent to Create a Special Improvement Lighting District 774 for Simmental Way MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5430, Intent to Create Special Improvement Lighting District #774 for Simmental Way 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is 73 estimated to cost $0.052094 per lineal foot within the district or $97.68 annually for the entire district, or on an average lineal frontage amount of 312.52 lineal feet the annual estimated cost would be $16.28, which is payable semiannually. Attachments: Resolution 5430-Intent to Create SILD 774.docx Exhibit A.pdf Exhibit B.pdf Report compiled on: July 27, 2022 74 Page 1 of 9 RESOLUTION 5430 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 774 (SIMMENTAL WAY)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Simmental Way (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for one (1) Signify Lumec RoadFocus small LED Cobrahead 50 watt single mastarm luminaire on round tapered steel pole, mounted at 30 feet per City of Bozeman standards. The pole will be Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as $8.14 per 50 watt LED fixture.This calculates to $97.68 annually. Section 2 Number of District.The District, if the same shall be created and established, shall be known and 75 Resolution 5430, Intent to Create Lighting District 774 Page 2 of 9 designated as Special Improvement Lighting District No. 774 (Simmental Way) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the front lineal footage method of assessment described in Sections 7-12-4324, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $97.68, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenuesand alleys.The total area of the District to be assessed is 1,875.10lineal frontage feet exclusive of parks and open space. The initial costs of the improvements shall be $0.052093 76 Resolution 5430, Intent to Create Lighting District 774 Page 3 of 9 per lineal foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $97.68, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $0.318746 per lineal foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the 77 Resolution 5430, Intent to Create Lighting District 774 Page 4 of 9 contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (September 6, 2022) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on September 20, 2022 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse Ave. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on Sunday August 21, 2022 and August 28, 2022, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 16th day of August, 2022. ___________________________________ CYNTHIA ANDRUS Mayor ATTEST: 78 Resolution 5430, Intent to Create Lighting District 774 Page 5 of 9 ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 79 Resolution 5430, Intent to Create Lighting District 774 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5430, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 774 (SIMMENTAL WAY) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on August 16, 2022, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 16 th day of August, 2022. ___________________________________ MIKE MAAS City Clerk 80 Resolution 5430, Intent to Create Lighting District 774 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 774 (Simmental Way) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on August 16, 2022, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5430 to create Special Improvement Lighting District No. 774 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Simmental Way, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5430 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The annual maintenance and energy costs are estimated at $97.68, and shall be assessed against each lot, tract or parcel of land in the District based on front lineal footage for that part of the costs based on lineal footage of such lot, tract or parcel bears to the total lineal footage of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 1,875.10 lineal frontage feet exclusive of parks and open space. The initial costs of the improvements shall be $0.052093 per lineal foot annually. The initial costs of the improvements per lineal foot shall be $.052093. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $0.318746 per lineal foot. 81 Resolution 5430, Intent to Create Lighting District 774 On Tuesday, September 20, 2022, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on September 6, 2022. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 19th day of August, 2022. Mike Maas City Clerk City of Bozeman Legal Ad Publication Dates: Sunday, August 21, 2022 Sunday, August 28, 2022 82 Resolution 5430, Intent to Create Lighting District 774 RESOLUTION 5430 Resolution of Intent to create SILD No.774 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Simmental Way, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regards to the owners in Special Improvement Lighting District No. 774, as listed in Exhibit "B", on Friday, August 19, 2022, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 19 th day of August, 2022. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 83 QUALITY CHECK: DRAWN BY: CAD NO. JOB NO. DATE: 19110X2.dwg B19-110 5/17/22 BST FB:194/40 LAYOUT: Engineering tdhengineering.com A SPECIAL IMPROVEMENTS LIGHTING DISTRICT TO SERVE SIMMENTAL WAY BETWEEN THE CENTERLINE OF RAWHIDE RIDGE & THE CENTERLINE OF DEAD MANS GULCH 84 Account #County Parcel #Property Address Owner Name Owner Mailing Address SILD Frontage (L.F.) RFG10096 2595 SIMMENTAL WAY ANTHONY WAYNE OIL CORP C/O AP DEPT, 127 W BERRY ST STE 702, FORT WAYNE, IN 46802 LEGAL DESC: RFG10097 45 RAWHIDE RDG ANTHONY WAYNE OIL CORP C/O AP DEPT, 127 W BERRY ST STE 702, FORT WAYNE, IN 46802 LEGAL DESC: RFG10091 1894 ORVILLE WAY STORE MASTER FUNDING VI, LLC C/O GIBSON BRANDS INC, 209 10TH AVE S #460, NASHVILLE, TN 37203 LEGAL DESC: RFG10093 20 ORVILLE WAY ORVILLE WAY LLC PO BOX 2035, BOZEMAN, MT 59771 LEGAL DESC: RFG44737 2674 SIMMENTAL WAY STATE OF MONTANA C/O SUMMIT STORAGE II LLC, 3730 MEADOW LN, LAFAYETTE, CA 94549 LEGAL DESC: RFG10089 2770 N 19TH AVE GOLDEN EGG LLC 17035 W VALLEY HWY, TUKWILA, WA 98188 LEGAL DESC: Total SILD Frontage (L.F.) =1,875.1 80390 214.0GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 2, ACRES 4.084, IN E2, TRACT 3 LESS HWY RIGHT OF WAY PARCEL 5 SIMMENTAL WAY 123840 791.1LEWIS & CLARK COMM SUB, S36, T01 S, R05 E, BLOCK 2, Lot 1A, ACRES 5.824, PLAT J-376-A PLUS OPEN SPACE BENEFICIAL USE ONLY 135530 212.5GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 2, ACRES 2.167, TRACT 4 IN E2 135550 212.5GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 4, ACRES 2.167, IN E2, TRACT 4 69270 222.5GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 3, ACRES 2.269, TRACT 5 PLUS VACATED SINGLE TREE COURT 135580 222.5GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E, Lot 4, ACRES 2.269, TRACT 5 PLUS VACATED SINGLE TREE COURT 85 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Resolution 5432 Intent to Create a Special Improvement Lighting District 775 for S Lincoln MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5432, Intent to Create Special Improvement Lighting District #775 for S Lincoln. 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is 86 estimated to cost $32.00 per acre within the district or $59.52 annually for the entire district, or on an average size lot of 81,196 square feet the annual estimated cost would be $59.52, which is payable semiannually. Attachments: Resolution 5432-Intent to Create SILD 775-S Lincoln.docx Exhibit A-S Lincoln.pdf Exhibit B-S Lincoln.pdf Report compiled on: July 27, 2022 87 Page 1 of 10 RESOLUTION 5432 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 775 (S LINCOLN)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve S Lincoln (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for two (2) LSI Mirada Medium MRM Outdoor LED Area Light 100 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.48 per 100 watt LED fixture or; $4.96 total for all 100 watt fixtures. This calculates to $59.52 annually. Section 2 Number of District.The District, if the same shall be created and established, shall be known and 88 Resolution 5432, Intent to Create Lighting District 775 Page 2 of 10 designated as Special Improvement Lighting District No. 775 (S Lincoln) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $59.52, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 1.86 acres, or 81,196 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre 89 Resolution 5432, Intent to Create Lighting District 775 Page 3 of 10 shall be $32.00 or $0.000733 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $59.52, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $300.82 per acre, or $0.006891 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting 90 Resolution 5432, Intent to Create Lighting District 775 Page 4 of 10 system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (September 6, 2022) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on September 20, 2022 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse Ave. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on Sunday August 21, 2022 and August 28, 2022, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 16thth day of August, 2022. ___________________________________ CYNTHIA ANDRUS Mayor 91 Resolution 5432, Intent to Create Lighting District 775 Page 5 of 10 ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 92 Resolution 5432, Intent to Create Lighting District 775 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5432, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 775(S LINCOLN) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on August 16, 2022, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant tocall and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 16 th day of August, 2022. ___________________________________ MIKE MAAS City Clerk 93 Resolution 5432, Intent to Create Lighting District 775 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 775 (S LINCOLN) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on August 16, 2022, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5432 to create Special Improvement Lighting District No. 775 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to S Lincoln, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5432 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for two (2) LSI Mirada Medium MRM Outdoor LED Area Light 100 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.48 per 100 watt LED fixture or; $4.96 total for all 100 watt fixtures. This calculates to $59.52 annually. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual maintenance and energy costs are estimated at $59.52, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 1.86 acres, or 81,196 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $59.52. The annual assessments for costs of the Improvements may be increased 94 Resolution 5432, Intent to Create Lighting District 775 as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $300.82 per acre, or $0.006891 per square foot. On Tuesday, September 20, 2022, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on September 6, 2022. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 16th day of August, 2022. Mike Maas City Clerk City of Bozeman 95 Resolution 5432, Intent to Create Lighting District 775 Legal Ad Publication Dates: Sunday, August 21, 2022 Sunday, August 28, 2022 96 Resolution 5432, Intent to Create Lighting District 775 RESOLUTION 5432 Resolution of Intent to create SILD No.775 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to S Lincoln, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regards to the owners in Special Improvement Lighting District No. 775, as listed in Exhibit "B", on Friday, August 19, 2022, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 19 th day of August, 2022. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 97 98 Exhibit B-S Lincoln.xlsx 8/2/2022/9:42 AM Acct #Phase Blk Lot Sq Ft Owner Owner Address City, State Zip 215620 1704 W Lincoln St 81,196 Taylor Properties inc 20101 SW Birch, Ste 151 Newport Beach, CA 92660 Total 81,196.00 Address S LINCOLN ST Original #215620 1704 W LINCOLN ST 99 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Jon Henderson, Strategic Services Director SUBJECT:Triannual Climate Plan Report MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Sustainability Program Manager, Natalie Meyer, will present an update on the 2020 Bozeman Climate Plan. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:On December 22, 2020, the City Commission adopted the Bozeman Climate Plan through Resolution 5248. The Climate Plan identifies community goals and actions to reduce greenhouse gas emissions and prepare for the impacts of climate change. Sustainability Program Manager, Natalie Meyer, will present an update of work accomplished since the last Triannual Report presented on April 26, 2022. Topics will include (at a minimum): Unified Development Code (UDC) Overhaul, including Planned Development Zones (PDZ) Model Homeowner’s Association Covenants Energy Efficiency Financing & Investing with Commercial Property Assessed Capital Enhancements (C-PACE) 2021 IECC Building Code Update Building Electrification Campaign Gallatin Valley Sensitive Lands Protection Plan Greenhouse Gas Emissions Inventory Triannual Climate Plan Reports are planned every four months on a triannual basis to provide both the City Commission and the community with regular progress updates. A community dashboard is also available providing a condensed view of current progress, updated twice yearly. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. 100 FISCAL EFFECTS:None. Report compiled on: August 4, 2022 101 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Continuation of Public Hearing for Gran Cielo - Cielo Way and S. 27th Ave. ZMA to Change the Zoning From R3 (Residential Medium Density District) to R-4 (Residential High Density District) on 4.279 Acres, Application 22117 to September 20, 2022 MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Motion: I move to continue the public hearing for review of application 22117 to September 20, 2022. 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:To manage Community Development Board and City Commission review of submitted applications the scheduled public hearing before the Community Development board was moved to August 15, 2022 and the public hearing before the City Commission is proposed to be moved to September 20, 2022. UNRESOLVED ISSUES:None ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: July 26, 2022 102 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Interim Director SUBJECT:Continuation of Public Hearing for South 8th Avenue ZMA to Change the Zoning From R-4 (High Density Residential District) to R-5 (Residential Mixed- Use High Density District) on 0.18 Acres, Application 22077 to September 27, 2022 MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Motion: I move to continue the public hearing for review of application 22077 to September 27, 2022. 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:To manage Community Development Board and City Commission review of submitted applications the scheduled public hearing before the Community Development board was moved to September 12, 2022 and the public hearing before the City Commission is proposed to be moved to September 27, 2022. UNRESOLVED ISSUES:N ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Report compiled on: August 3, 2022 103 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Interim Director SUBJECT:Continuation of Public Hearing for Block 104 ZMA to Change the Zoning From M-1 (Light Manufacturing District) to B-2M (Community Business District-Mixed) on 3.554 Acres, Application 22100 to August 23, 2022 MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Motion: I move to continue the public hearing for review of application 22100 to August 23, 2022. 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:To manage Community Development Board and City Commission review of submitted applications the scheduled public hearing before the Community Development board was moved to August 15, 2022 and the public hearing before the City Commission is proposed to be moved to September 20, 2022. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Report compiled on: August 3, 2022 104 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Interim Director SUBJECT:Continuation of Public Hearing for Thomas Drive ZMA to Change the Zoning From R-4 (Residential High Density District) to REMU (Residential Emphasis Mixed Use District) on 15.037 Acres, Application 22094 to September 20, 2022 MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Motion: I move to continue the public hearing for review of application 22094 to September 20, 2022. 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:To manage Community Development Board and City Commission review of submitted applications the scheduled public hearing before the Community Development board was moved to August 15, 2022 and the public hearing before the City Commission is proposed to be moved to September 20, 2022. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Report compiled on: August 3, 2022 105 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Heritage Christian School Annexation and Zone Map Amendment to Annex and Establish an Initial Zoning of R-3, Residential Medium Density, on Approximately 13 Acres at 4310 Durston Road, Application 22170 MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Annexation 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 22170 and move to the Heritage Christian School Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended Zoning 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 22170 and move to approve the Heritage Christian School Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:A request to zone property in conjunction with annexation. See the attached staff report for further information. Application materials available at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262078&cr=1. UNRESOLVED ISSUES:None. ALTERNATIVES:See attached staff report. FISCAL EFFECTS:None 106 Attachments: 22170 HCS Annx-ZMA CC SR.pdf Report compiled on: August 10, 2022 107 Page 1 of 27 22170 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission – August 1, 2022 City Commission – August 16, 2022. Project Description: Annexation application 22170 requesting annexation of approximately 13 acres and amendment to the City Zoning Map for the establishment of a zoning designation of R3 (Residential Moderate Density District). Project Location: 4310 Durston Road Recommendation: Meets standards for approval with terms of annexation and contingencies. Zoning Commission 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 22170 and move to recommend approval of the Heritage Christian School Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation 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 22170 and move to the Heritage Christian School Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning 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 22170 and move to approve the Heritage Christian School Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report: August 2, 2022 Staff Contact: Chris Saunders, Community Development Manager Lance Lehigh, Interim City Engineer Agenda Item Type: Action - Legislative 108 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 2 of 27 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials available at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262078&cr=1. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel into the City limits and establish initial zoning of R3, Residential Emphasis Mixed-Use district. The property is wholly surrounded by the City. Adjacent municipal zoning to the east, west, and south is R3 and R2 to the north. Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood.” The property is the long time site of a private school. Community Development Board The Community Development Board acting in their capacity as the Zoning Commission conducted their public hearing on August 1, 2022. The video recording of the meeting is available on the City’s website. The discussion on this item begins at 52 minutes into the recording. No public comment was received on the application. The Community Development Board voted unanimously to recommend approval of the requested R3 zoning. Alternatives 1. Approve the application; 2. Approve modifications to the requested zoning; 3. Deny the application based on 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. 109 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 3 of 27 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board ........................................................................................ 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES: ................................................................................................... 4 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 Annexation ........................................................................................................................ 10 Zone Map Amendment ..................................................................................................... 10 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 16 Spot Zoning Criteria ......................................................................................................... 23 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 24 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 24 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 25 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 27 FISCAL EFFECTS ................................................................................................................. 27 ATTACHMENTS ................................................................................................................... 27 110 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 4 of 27 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 111 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 5 of 27 Map 2: BCP 2020 Future Land Use Map 112 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 6 of 27 Map 3: Existing City Zoning 113 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 7 of 27 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the Heritage Christian School Annexation. 2. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, in conjunction with future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that, in conjunction with development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. f. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. 114 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 8 of 27 g. The Annexation Agreement must include notice that charges and assessments are required after completion of annexation to ensure necessary municipal services are available to the property. h. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following as part of the Annexation Agreement: a. Street improvements to Durston Road between 150 feet east of the intersection with Ferguson Avenue and 150 feet west of the intersection with Cottonwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage., b. Intersection improvements at Durston Road and Ferguson Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Durston Road and Cottonwood Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. 6. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The abandonment of the septic system and connection to the sanitary sewer system must be completed by August 15th, 2023. If the system fails prior to August 15th, 2023, the applicant must abandon the system and connect to the City's sanitary sewer system. The following requirements must be outline within the annexation agreement and completed with the abandonment of the septic system: The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must 115 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 9 of 27 demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 7. The subject property currently has two (2) wells. Well number one is considered non domestic and is used for irrigating the property. Well number two is an active public water supply well that supplies domestic water to the school. The well is registered as a Public Water Supply with the Montana Department of Environmental Quality (Water System #MT0003518), which is maintained by Heritage Christian School. The applicant has requested to continue to utilize both wells in the same historic manner and forgo connecting the subject property to the City's potable water system. The City has reviewed the applicants request and will allow the subject property to continue utilizing the existing wells. The annexation application must contain a section relating to the continued use of the existing wells, maintenance responsibilities, and any future requirements for the subject property to connect (such as regulatory changes, failure to maintain the system's DEQ permit and compliance, etc.). 8. Service Meter (Wastewater Rates and Charges). The applicant will need to install a standard municipal meter on the domestic water supply well in order for the City to determine the amount of wastewater being discharged into the City's sanitary sewer collection system. The wastewater service connection and meter will need to be designed to satisfy BMC standards. Section 5 of the BMC outlines the process for determining sewage disposal rates and changes. Prior to connecting to the City's sanitary sewer system the meter and associated components must be formally reviewed and approved by the City. The annexation agreement must have a section discussing the meter requirement, specifics associated with connection, and future maintenance responsibilities of the system SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of Residential Emphasis Mixed use shall be identified as the Heritage Christian School Annexation Zone Map Amendment. 2. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. 116 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 10 of 27 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on August 16, 2022. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the meeting agenda. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22170. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission will hold a public hearing on this ZMA on August 1, 2022 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on August 16, 2022. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the meeting agenda. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on all sides. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion Met. The property in question is totally surrounded. 117 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 11 of 27 Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is not currently contracting with the City for water, sewer or fire protection services. Existing development will be required to connect with City services for sewer systems on a schedule established in the annexation agreement. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. No new development is proposed at this time but applicant has express an intent to expand in the future. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will close a gap in the city which will make the boundaries more regular. No gaps or irregular extension will be created. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Neutral. The subject property is wholly surrounded. It is served by Durston Road. The necessary right of way for Durston Road is already held by the public. No additional circulation system is expected in this area in the future. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, 118 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 12 of 27 sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is approximately 13 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which requires evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation. The landowner will consent to this requirement by signature on the annexation agreement. The landowner has two wells on-site. One well is used for irrigation and will continue to be used for irrigation. This lessens demand on municipal services and reduces water rights required. The other well supports a public water system overseen by the state. The applicant wishes to continue use of the public water system after annexation. Staff has discussed the request and is willing to support the continued use with some contingencies to address circumstances under which connection to the City water system is required. Until the site connects to the water system no water rights are required. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. The Annexation Agreement required to finalize the annexation requires the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. This work will occur at appropriate future times. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the 119 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 13 of 27 creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. No additional right of way is required. Terms of annexation include three waivers for street improvements in the future. No CIP scheduled work will be affected by the waivers. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R3. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. Criterion Met. The City Zoning Commission will review the requested zoning district designation on August 1, 2022. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on August 16, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R3, Residential Medium Density district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the 120 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 14 of 27 property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Durston Road which is paved to City standards. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. See discussion under Goal 9. Satisfaction of this requirement will occur with future development if connection to municipal services is required. The annexation agreement will address this requirement Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. The property is located adjacent to existing urban development that is currently served by Bozeman Fire and Police Departments. The property is located in the City’s water and sewer service areas. Expansion of municipal utility facilities to serve the development will occur during the development process. As noted above, the annexation agreement will require future development to meet municipal standards. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. 121 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 15 of 27 Criterion Met. City services are not currently being provided to this property. This annexation is not a result of an emergency condition requiring connection. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Neutral. The parcel may be described by reference to a recorded Certificate of Survey. No map is required to describe the annexation area. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Criterion met. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as required. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. 122 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 16 of 27 Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation and zoning application information. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There is a specific time frame for connection to the municipal sewer system in the proposed terms of annexation. As noted above, the site has an existing public water system using a well. The applicant wishes to keep that system in use. Staff is agreeable to that request due to the ongoing state oversight of the public water system. Terms of annexation contain direction that the annexation agreement include provisions for future connection to the municipal water system should it become necessary for domestic service or fire service. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. 123 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 17 of 27 In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “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 124 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 18 of 27 restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R3 district is an implementing district of the Urban Neighborhood category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R3 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans for transportation, water, and sewer. The three facility plans identify necessary improvements to support urban development on the site. Construction of necessary improvements is required as part of the development approval process. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the east. It adds approximately 13 acres to the City limits that is available for urban development. The annexation and zoning incrementally closes a hole in the City jurisdiction. 125 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 19 of 27 B. Secure safety from fire and other dangers. Criterion Met. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map and identified policies in the BCP 2020. Public health and safety will be positively affected by requiring the existing development to connect to municipal sanitary sewer, which will prevent groundwater pollution and depletion by wells and septic systems. Development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This standard does not require infrastructure prior to zoning adoption. It does require that the zoning “facilitate the provision” of named infrastructure. This property is included in future planning areas for transportation, parks, sewer, and water. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. The City’s infrastructure plans show the necessary water, sewer, and streets can be provided for this site. In conjunction with any future development proposal specific analysis of additional demand from that development will be required and impacts must be mitigated. A large share of Chapters 38 and 40 of the municipal code and the state Subdivision and Platting Act are focused on ensuring provision of adequate infrastructure and services concurrently with development. The annexation agreement associated with this project will contractually bind the current and future landowners to conform to municipal standards for infrastructure. See Section 5 above. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning 126 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 20 of 27 districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. E. Reasonable provision of adequate light and air. Criterion Met. The R3 zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. R3 is the same district as the zoning on three sides of the property. It has been determined that R3 in this area addresses this criterion. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of use than is currently allowed under Gallatin County zoning of Residential Suburban. R3 allows for smaller setbacks and taller buildings. Durston Road is the access to the site and is already developed as a minor arterial including paving and sidewalks. The site already hosts a private school that has been present for many years. Annexation and zoning of R3 will not change the existing demand for transportation. Evaluation of impacts from future development will occur at with those applications. The site has a Walk Score of 14, no known Transit score, and Bike Score of 33. Average walk score for the city as a whole is 47 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not 127 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 21 of 27 an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is 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 mixing housing types in newly developed areas. 2.Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. The site is adjacent on three sides to existing R3 zoned areas. As the existing and requested zoning is the same district it is expected that development will be compatible. H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The intent and purpose of the R3 district is available in 38.300.110.F and in Appendix B of this report. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals 128 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 22 of 27 and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R3 to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77. The site is adjacent on three sides to existing R3 zoned areas. As the existing and requested zoning is the same district it is expected that development will be compatible. The school use of the site predated the development of adjacent property as homes, a church, and a public school. Schools are part of the land use called Community Center. There are two other community centers within a few feet of the site. If the school left and the site redeveloped it is probable to be homes which is a use adjacent on three sides. R3 is compatible. I. Peculiar suitability for particular uses. Criterion Met. The site is well located in relation to utilities and transportation. The site is large and has access to an arterial street. The site has modest topography. The site is already developed as a school. Schools are permitted uses in the R3 zoning district. The proposed R3 zoning designation is suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Criterion Met. The proposed R3 includes permitted uses that address all existing uses on the site. The requested district is the same as the adjacent zoning on three sides. No change to value of buildings should occur with the amendment. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R3 zoning designation will encourage the most appropriate use of land as the property is adjacent to that same zoning district. Furthermore, the proposed R3 zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Neighborhood” and is in accordance with the growth policy. See Criterion A discussion. 129 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 23 of 27 Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? Criterion not met. The requested R3 zoning district allows for a wide mix of residential and other uses. R3 is adjacent to the amendment site on three sides. The current use is both consistent with the R3 district and predates all urban development which now surrounds the site. As discussed in Criterion A above, the R3 zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Criterion not met. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required. Single owner petition annexation requests are the most frequently seen. The amendment is consistent with and supports the City’s adopted growth policy, thus it is a benefit to the greater community even though the number of immediate landowners are small. The requested R3 district is the same as the zoning in existence on three sides and is consistent with the existing use of the site for a school. This avoids potential use conflicts with adjacent landowners and is therefore broadly beneficial. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? Criterion not met. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed in the review criteria above, no substantial negative impacts are identified due to this amendment. The application is consistent both with the City’s growth policy. The growth policy consistency demonstrates benefit to the general public and greater community. The requested R3 district is the same as the zoning in existence on three sides and is consistent with the existing use of the site for a school. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area to the east within the 130 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 24 of 27 City. Change is character is inevitable with a change from agriculture to any urban use. The development standards of the City will address utility, transportation, and other issues to mitigate impacts from future development. These standards are applied during subdivision and zoning review of proposed development. Therefore, the amendment does not benefit the landowner at the expense of others. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on 7/17/2022 and 7/24/2022. The notice was provided for the applicant to post on site and mail by the applicant as required by 38.220. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on August 2, 2022, no written comments have been received on this application. All written public comment is available online through the City’s archive. 131 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 25 of 27 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “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.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R3, Residential Emphasis Mixed-use District whose intent is to: D. Residential medium density district (R-3). The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is 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 mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of R3 correlates with the Growth Policy’s future land use designation of “Urban Neighborhood”. 132 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 26 of 27 133 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 27 of 27 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Piece Inc., (dba Heritage Christian School), 4310 Durston Rd, Bozeman MT 59718 Representative: Graham Engineering LLC, 4591 Alexander St, Bozeman MT 59718 Report By: Chris Saunders, Community Development Manager, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at https://www.bozeman.net/governmnet/planning/using-the-planning-map. Select ‘Project Documents’ and navigate to application 22170 to view the full application. Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials direct link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=262078&dbid=0&repo=BOZEMAN 134 Memorandum REPORT TO:City Commission FROM:Lynn Hyde, Development Review Planner Brian Krueger, Development Review Manager Anna Bentley, Community Development Interim Director SUBJECT:Public Hearing, Discussion and Decision on Agency Exemption Requests for Bozeman Legion Baseball Indoor Batting Facility, Application 21407 MEETING DATE:August 16, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presenting in the staff report for application 21407 and move to approve the Agency Exemption Requests numbers one through seven and nine through fifteen. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Headwaters Engineering, Inc. (the ‘Applicant’) submitted a Site Plan, Legions Baseball SP, Application 21407 on April 13, 2022 on behalf of Gallatin County (the Property Owner) who leases a portion of the site to Bozeman Legion Baseball (the Bucks). The application was deemed adequate for review on July 11, 2022. The Site Plan submittal was for one building (8,640 sf) to be used as indoor baseball practice area by the Bucks and limited infrastructure improvements. There is an existing gravel parking lot that is intended to be utilized with two new ADA parking spaces and a new ADA accessible sidewalk proposed. The Site Plan application included 15 agency exemption requests per MCA 76-2-402 that are to be reviewed and approved, conditionally approved, or denied by the Bozeman City Commission. Although the City Commission has authority pursuant to state law, the Community Development Director has the authority to approve, conditionally approve, or deny the site plan. Please note that the agency exemptions must be approved by the condition for the application to meet code requirements sufficient to approve the site plan. Staff has reviewed the Site Plan and exemptions requested and determined that agency exemption requests 1 – 7 and 9- 15 are approvable and do not cause undue detriment to the health, safety, and general welfare of the city. The proposed building is located internally on the Fairgrounds site, and will have minimal exposure from the public rights of way. Staff recommends requiring adequate bicycle parking facilities, contrary to Applicant’s request 135 number 8. To view the full application navigate here, https://weblink.bozeman.net/WebLink/Browse.aspx? id=261668&dbid=0&repo=BOZEMAN UNRESOLVED ISSUES:The approval of the Site Plan is contingent upon the City Commission’s review and approval of the agency exemption requests. ALTERNATIVES:1. Approve the application with modifications to the report findings, including but not limited to requiring conditions of approval; 2. Deny the agency exemption requests in part or in whole; or 3. Open and continue the review on the agency exemptions with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:There are no fiscal effects to the city identified at this time. Attachments: 21407 Agency Exemption CC SR.pdf 21407 DRAFT Staff Analysis and Findings.pdf Report compiled on: August 2, 2022 136 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 1 of 13 Application No. 21407 Type Site Plan Project Name Bozeman Legion Baseball Indoor Facility Summary The Site Plan proposes one building (8,640 sf) to be used as indoor baseball practice area by the Bucks and limited infrastructure improvements. There is an existing gravel parking lot with two proposed new ADA parking spaces and a new ADA accessible sidewalk proposed. Zoning PLI Growth Policy Public Lands and Institutions Parcel Size 64.73 acres Overlay District(s) None Street Address 901 N Black Ave Legal Description Imes Addition, S06, T02 S, R06 E, Acres 64.731, Part of Blocks 3 & 4 & All Blocks 5-13 & 16-27 Plus Vacant Streets & Alleys Less Tract A, Plat C-41-D, City of Bozeman, Gallatin County, Montana. Owner Gallatin County Fairgrounds, 311 West Main St., Bozeman, MT 59715 Applicant Gallatin County Fairgrounds, Dennis Voeller, 311 West Main St., Bozeman, MT 59715 Representative Headwaters Engineering, Garrett Schultz, 190 Northstar Lane, Bozeman, MT 59718 Staff Planner Lynn Hyde Engineer Karl Johnson Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 07/31/2022 – 08/16/2022 07/31/2022 07/31/2022 07/31/2022 & 08/07/2022 Advisory Boards Board Date Recommendation Development Review Committee 7/12/2022 The application is adequate for review City Commission 8/16/2022 TBD Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 137 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 2 of 13 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 1. The Applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law. 138 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 3 of 13 Figure 1: Current Zoning Map 139 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 4 of 13 Figure 2: Land Use Designation 140 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 5 of 13 Figure 3: Proposed site plan 141 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 6 of 13 Figures 4-6: Elevations & Conceptual Renderings 142 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 7 of 13 143 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 8 of 13 PROJECT SUMMARY & AGENCY EXEMPTION REQUEST Headwaters Engineering, Inc. (the ‘Applicant’) submitted a Site Plan, Legions Baseball SP, Application 21407 on April 13, 2022 on behalf of Gallatin County (the ‘Property Owner’), who leases a portion of the site to Bozeman Legion Baseball (the ‘Bucks’). The application was deemed adequate for review on July 11, 2022. The Site Plan submittal was for one building (8,640 sf) to be used as indoor baseball practice area by the Bucks and limited infrastructure improvements. The site plan is for a portion in the northeast corner of the much larger fairgrounds site. There is an existing gravel parking lot that is intended to be utilized with two new ADA parking spaces and a new ADA accessible sidewalk proposed. The Site Plan application included 15 agency exemption requests per MCA 76-2-402 that are to be reviewed and approved, conditionally approved, or denied by the Bozeman City Commission. While the community development director is the review authority for Site Plans as provided in BMC 38.200.010, Montana Code Annotated (MCA) 76-2-402 allows agencies to request exemptions from local zoning requirements if the agency proposed to use public land contrary to local zoning regulations. A public hearing must be held within 30 days of the date the agency gives notice to the local governing body. ‘Notice’ given by the agency to the local governing body occurs when the City determines that project is adequate for review. Note the public hearing was originally scheduled for August 9, which was within the 30-day period, however the Applicant requested it to be pushed back due to scheduling. The City Commission is the review authority on any requests for agency exemptions. Prior to the 2021 Montana legislative session, the law governing agency exemptions stated in relevant part, “(2) The [Board of Adjustments] shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.” See Mont. Code Ann. § 76-2-402 (2019). As a result of an amendment to the law in the 2021 session, the requirement to only hold a public hearing without the ability to deny the requested agency exemptions has been removed and the law now reads in its entirety: 76-2-402. Local zoning regulations -- application to agencies. (1) Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing must be held and the agency shall attend the public hearing. (2) The local governing body shall hold a hearing within 30 days of the date the agency gives notice to the local governing body of its intent to develop land contrary to local zoning regulations. See Mont. Code Ann. § 76-2-402 (2021). Consequently, the City Commission as the local governing body now has the ability to approve or deny requests for agency exemptions. The Bozeman Municipal Code’s Chapter 38: Unified Development Code (UDC or BMC) contains regulations adopted to govern the division, development, and use of land within the city limits. These regulations apply to all private and public lands including all structures and buildings over which the city has jurisdiction. The intent of the UDC is to protect public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified (38.100.040.A). The UDC states that “persons undertaking the . . . development. . . have the duty of complying with reasonable conditions for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economic development of the city, and to the safety and general welfare of the future lot owners and of the community at large (38.100.080.A). The burden of proof lies with the applicant, not the city, to show compliance with the UDC prior to requesting an agency exemption, and that the exemption will not create a public or private health, safety, and general welfare hazard. While the UDC sets minimum development standards with the public interest and community goals in mind, there is also the acknowledgment that each site is unique with its own individual nuances that requires some flexibility. The UDC affords flexibility through departures, variances, deviations, or in this case, agency exemptions. One of the Bozeman Strategic Plan goals is to foster successful collaboration with other public agencies and build on these successes (Strategic Plan goal 1.3 Public Agencies Collaboration). Staff has reviewed the Site Plan and exemptions requested and determined that 144 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 9 of 13 agency exemption requests 1 – 7 and 9- 15 are approvable and have minimal impact to the safety and general welfare of the city. The proposed building is located internally on the site, and will be minimally visible from the public rights of way, alleviating the policy considerations behind UDC codes such as design standards and block frontage requirements, from which the applicant seeks exemption. However, staff believes that agency exemption request 8, which would allow the applicant to not install otherwise required bicycle parking facilities, does impact the public health, welfare and safety. Staff’s analysis and recommendation to require adequate bicycle parking facilities is found on page 11 in this staff report. . The City Commission has the ability to approve, conditionally approve, or deny an agency exemption request. However, the review authority for the Site Plan application is the Community Development Director. Note that this Site Plan application l does not comply with adopted standards and therefore cannot be approved without the City Commission’s approval of the agency exemptions, unless noted otherwise. The application requests the following agency exemptions: 1. BMC 38.220.100 Submittal Requirements for Landscape Plans o Code Requirement: Site Plan submittals must include landscape plans prepared by a professional as part of an application. o Request: The Applicant is requesting an agency exemption from submitting a landscape plan as “no further landscaping is proposed, in order to maximize the indoor recreation space and not impede further into the existing ballfield footprint. o Staff Analysis: If proposed agency exemptions 7 and 14 are approved, there is no need for a landscaping submittal. 2. BMC 38.410.080.H Stormwater retention/detention facilities o Code Requirement: Site plans require developers to install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and must conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. o Request: The Applicant is requesting an agency exemption from installing stormwater retention or detention facilities stating “limited funding and the nature of the site already consisting of nearly 4 acres of landscaping. Additionally, the buildings, parking areas, and open spaces already existing at the Gallatin County Fairgrounds site do not include landscaped stormwater amenities, so this request would be in-line with the existing conditions of the developed areas of the property. The storm facilities will be seeded or sodded with grass to match the surrounding areas.” o Staff Analysis: The Engineering Department reviewed the request and found no risk to public health and safety if this agency exemption is approved. Drainage control is being provided for the portion of the fairgrounds being modified with this application. 3. BMC 38.520.040.C.1. Internal Circulation. o Code Requirement: For sites with multiple buildings, pedestrian paths or walkways connecting them must be provided. o Request: The Applicant is requesting an agency exemption, stating the site is “very large, spread out. . . the closest sidewalk on the Fairgrounds, outside of the baseball facility, is 285 feet to the west. The nearest roadside sidewalk is nearly 600 feet to the south, along Tamarack St. The Fairgrounds site has limited sidewalks to connect to.” o Staff Analysis: Due to the large site and the variety of uses it contains, daily users likely only visit one building on the site rather than multiple buildings mitigating the need for connections between buildings on the Fairgrounds. The subset of the fairgrounds that contains this site does have internal circulation appropriate to the use. At a future time, with a master site plan, the internal pedestrian circulation can be analyzed and planned. Until then, pedestrian circulation between the baseball uses on the Fairgrounds site for its likely users is sufficient to ensure the public health, welfare, and safety. 4. BMC 38.520.040.C.4 Pedestrian paths through parking lots o Code Requirement: Developments are required to provide specially marked or paved sidewalks through parking areas at a minimum of one every four rows of parking or 200’ spacing. 145 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 10 of 13 o Request: The Applicant is requesting an exemption from this requirement as the existing parking lot is gravel and “improvements to the shared parking lot are outside of the scope of this project, and are not necessary to provide functional use of the building.” o Staff Analysis: A pedestrian path is provided from the proposed new ADA parking to the new building, but not throughout the entirety of the fairgrounds. 5. BMC 38.520.040.C.5 Connection to adjacent properties o Code Requirement: Developments are required to provide connections to adjacent properties (including parks and trails). o Request: The Applicant is requesting an exemption to this requirement stating “The site is internal to the Fairgrounds and connections to adjacent City of Bozeman Streets would be lengthy, costly, and unnecessary. The building is meant to serve the lessor of the property, and is not intended for walk-in or public drop-in traffic.” o Staff Analysis: The adjacent property to the east is the City’s newly constructed Safety Center. The secure parking area of the Safety Center is adjacent to the site plan area. These facilities are not open to the public and it is not appropriate to have pathways connecting to the site. 6. BMC 38.520.040.D.2 Pathway design; o Code Requirement: The code provides standards for how internal pathways are to be designed. This includes providing additional 2’ widths on sidewalks adjacent to perpendicular parking. o Request: The Applicant is requesting an exemption from this requirement: “Six-foot sidewalks, which is 1-foot wider than required in non-parking areas, are planned adjacent to the building and parking lot. Heavy foot-traffic is not anticipated since the sidewalk only goes to the building, and does not continue off-site. Additionally, there is ample space north of the sidewalk for persons to maneuver if there is conflict. o Staff Analysis: There is a relatively short section of parking spaces where this code requirement is applicable. As the applicant stated, this is not a pathway that will be used for through pedestrian traffic, and there is additional space to the north of the path to navigate. A wider path would add impervious surface and potentially require removing existing landscaping. 7. BMC 38.520.040.D.3 Pathways must be separated from structures by at least three feet of landscaping; o Code Requirement: Pathways must be separated from structures by at least three feet of landscaping, except where the adjacent building façade meets the Storefront block frontage standards. o Request: The Applicant is requesting an agency exemption from this requirement stating “Existing buildings on the site do not include this landscaped buffer. There is significant landscaping and open space already provided adjacent to the proposed building. Adding a 3’ landscape buffer would project into the adjacent utility access easement and require a smaller building footprint, limiting the usable area of the building.” o Staff Analysis: In addition to the Applicant’s reasoning. The building is more industrial in nature and adjacent to the western portion of the City’s Safety Center, which is not open to the general public, thus the building is not going to experience high foot traffic or vehicular traffic, reducing the aesthetic concern associated with 146 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 11 of 13 blank walls and lack of landscaping. Drainage that may have been provided with the landscaping area is being address in other ways. 8. BMC 38.520.040.E Bicycle Facilities; o Code Requirement: Developments are required to provide bicycle racks, lockers, or other means of safely and conveniently parking bicycles. o Request: Applicant is requesting an agency exemption for this requirement because “The location is not near a school and does not see consistent or high-volume bike usage. This site is internal to the Fairgrounds and the building is meant to serve the lessor of the property, and is not intended for public drop-in traffic. Use of the building will be reserved, scheduled, and intentional. Nearly all users are anticipated to commute via vehicle and park close to the building. o Staff Analysis: Staff does not concur that proximity to a school is the nexus for requiring bicycle parking facilities. One of the principles applied in the Growth Policy is Transportation infrastructure is vital in supporting desired land use patterns. Therefore, the two must be coordinated. Future infrastructure should favor interconnected multimodal transportation networks (i.e., infrastructure for bicycle, pedestrian, and transit modes of transport in addition to automobiles.” (Bozeman Community Plan 2020, Principle 5, P20). The amount of bicycle parking is minimal in relation to the use the site receives. Using the UDC parking ratios for health and exercise building uses, 1 space per 200 square feet would be required, totaling 43 parking spaces for this proposed building. However, staff acknowledges this ratio contemplates land uses like fitness centers open to the public, which may not best fit the specific characteristics of this implementation of the land use; therefore, the parking ratio using this method may be high, but the code does not have a standard for the specific use of a sports practice facility that is not open to the general public. Perhaps a more appropriate standard to use is found in section 38.540.050.A.4, Bicycle parking required, which states “all site development. . . must provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. The number of bicycle parking spaces must be at least ten percent of the number of automobile parking stalls. . . but must in no case be less than two.” At a minimum, staff recommends providing bicycle parking for a minimum of 4 bicycles on racks that meet the design requirements of 38.540.050.A.5. The location could be placed anywhere within the Bozeman Legion Baseball area the applicant feels is most functional to the programming of the baseball facilities (i.e., the diamond, the indoor batting range, etc.). 9. BMC 38.520.070.D.1. Location and design of service and mechanical equipment (utility meters, electrical conduit, and other service utility apparatus); o Code Requirement: Utility meters, electrical conduit, and other service utility apparatus is required to be located and/or designed to minimize their visibility to the public. If these elements are mounted in a location visible from the street, pathway, shared open space, etc. they must be screened with vegetation and/or integrated into the building’s architecture. o Request: The Applicant is requesting an agency exemption to this standard because, “The proposed building is located internal to the Fairgrounds, away from City streets, and is not easily visible from the streets. The utility meters will be on the far east side of the building, facing away from the parking lot. This building site is immediately adjacent to a shed with electrical panel and meter, a large cell tower, and above ground electrical/cell equipment, so the planned utility meters will not be unsightly in comparison.” 147 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 12 of 13 o Staff Analysis: Staff concurs that the utility meters are located in an area such that they will not be viewed readily by many users and do not require additional screening, which may reduce the utility of the site and vehicular movements. 10. BMC 38.530.040.B Building massing and articulation (façade articulation) o Code Requirement: The intent of the building massing and articulation is to 1) articulate building elements in order to achieve an appropriate perceived scale and add visual interest and 2) to create clear and welcoming building entries (BMC 38.530.040.A). Examples of articulation features that meet the intent are windows, entries, weather protection features, and structural expression among others. o Request: The Applicant is requesting an agency exemption to the requirements of façade articulation for buildings with non-residential uses stating: “The building is designed to maximize function and fit in with the existing adjacent buildings on the Fairgrounds site, and minimize unnecessary project costs. The location of this site, interior to the fairgrounds and away from city streets, shield the building from direct public view.” o Staff Analysis: The building is interior on the site, it’s proposed design is consistent with other fairground buildings. In addition, users of the site will be regular users who understand the site and do not require visual, architectural cues for the entrance of the building. 11. BMC 38.530.070.C. Blank Wall treatments (untreated blank walls); o Code Requirement: Blank wall treatments are required to retain and enhance the character of Bozeman’s streetscapes (BMC 38.530.010.A.2). A wall is considered a blank wall if it is over teen feet in height, has a horizontal length greater than 15 feet, and does not include a transparent window or door (BMC 38.530.070.B.). Examples of adequate treatments for blank walls as listed in the code are: display windows with at least 16 inches of depth; landscape planting bed at least five feed wide or a raised planter bed at least two feet high and three feet wide; installing a vertical trellis; installing a mural; or special building detailing that adds visual interest. o Request: The proposed building has blank walls on each façade. The Applicant is requesting an agency exemption from the requirement to treat the blank walls, “in order to maximize function of the building, blend in with surrounding buildings on the fairgrounds, and minimize project costs. The location of this site, interior to the fairgrounds and away from city streets, shield the building from direct public view. Architectural features, such as windows, would be too easy to damage and/or break with the nature of the use of the building as a sports facility, with baseballs traveling at high speeds.” o Staff Analysis: Staff concurs with the reasoning provided by the Applicant and does not believe blank wall treatments would enhance the site or fit reasonably into the site context. If agency exemption request number 15, Signs, is approved, the signs will act as an unconventional type of blank wall treatment. 12. BMC 38.540.020.G Striping o Code Requirement: All parking stalls are required to be marked with white or yellow painted lines. o Request: Applicant is requesting an agency exemption to striping the stalls because the existing parking lot is gravel and striping would quickly deteriorate. o Staff Analysis: Staff concurs with the Applicant’s reasoning. In addition, the code states, “an exemption to this requirement [striping] may be approved by the city when the striping would otherwise by applied to an area that does not have permanent and durable wearing surface.” This exception is applicable in this case as the parking lot is gravel. As there is a generally applicable exemption to the striping requirement the agency exemption is not required. 13. BMC 38.540.020.J Parking lot curbing o Code Requirement: All open off-street parking areas and drive aisles must have perimeter concrete curb around the entire parking lot, including driving access ways. o Request: The applicant is requesting an exemption to the curbing as the existing parking lot is gravel with no curbing. There is a raised concrete sidewalk, which will act as a vehicle stop in front of the building. o Staff Analysis: No further comments from staff. 14. BMC 38.550.050.C Landscaping (parking lot landscaping); o Code Requirement: Parking lot landscaping is required for all parking lots for a variety of reasons, including but not limited to: provide visual buffering; enhance the beauty of the city; preserve the value of land and 148 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 August 8, 2022 Page 13 of 13 buildings by protecting and enhancing the aesthetic character; and conserve energy by providing windbreaks, shade and temperature moderation. o Request: The Applicant is requesting an exemption from this standard because “the existing site includes nearly 4 acres of irrigated grass, trees, and shrubs. . . No further landscaping is proposed, in order to maximize utility access easement (and cell phone tower) to the west, and another easement (and cell tower equipment) east of the building. . . “ o Staff Analysis: In addition to the Applicant’s reasoning, until a final master site plan is created that envisions the entire fairgrounds site and internal drive network, the parking lot may best be utilized with flexibility to the vehicular movement, and internal landscaping could prohibit the functionality of the parking lot as all future users are not yet known. 15. BMC 38.560 Signs o Code Requirement: In the PLI zoning district, the UDC allows 2 square feet of sign area per linear foot of building frontage (3 with a comprehensive sign plan), with a maximum of 250 sf per lot. o Request: The Applicant is requesting exemption from the limitation on square footage of allowed signs (250 sf per lot in the PLI zoning district) stating ‘ the building is planned to include exterior mounted signs, to match the existing ballfield outfield fence, which includes approximately 6,000 SF of 4’x8’ and 8’X8’ signs that advertise program sponsors. The location of this site, interior to the fairgrounds and away from city streets, shield the building from direct public view. The existing and planned signs primarily face in a direction internal to the site, and are not easily visible or distracting from City streets in the area. o Staff Analysis: Staff concurs with the Applicant’s reasoning. The sign code provisions were created in order to protect the public health and safety while allowing adequate alternative avenues for speech. The code intends to address concerns including, but not limited to: obstructing views or creating safety hazards by distracting pedestrians and motorists and harming property values and creating aesthetic concern, etc. The proposed structure is surrounded by land zoned PLI and public buildings, thus the policy goal of preserving property values is not as concerning without private landowners adjacent. In addition, the aesthetics of the signs do not impact residential or private commercial users. In addition, the building is set far from public rights of way where pedestrians or motor vehicles would be distracted, thus causing a public health and safety concern. The Applicant’s request is generally consistent with the exemption from sign permits established in 38.560.050.A.3.b. 149 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 1 of 13 Application No. 21407 Type Site Plan Project Name Bozeman Legion Baseball Indoor Facility Summary The Site Plan proposes one building (8,640 sf) to be used as indoor baseball practice area by the Bucks and limited infrastructure improvements. There is an existing gravel parking lot with two proposed new ADA parking spaces and a new ADA accessible sidewalk proposed. Zoning PLI Growth Policy Public Lands and Institutions Parcel Size 64.73 acres Overlay District(s) None Street Address 901 N Black Ave Legal Description Imes Addition, S06, T02 S, R06 E, Acres 64.731, Part of Blocks 3 & 4 & All Blocks 5-13 & 16-27 Plus Vacant Streets & Alleys Less Tract A, Plat C-41-D, City of Bozeman, Gallatin County, Montana. Owner Gallatin County Fairgrounds, 311 West Main St., Bozeman, MT 59715 Applicant Gallatin County Fairgrounds, Dennis Voeller, 311 West Main St., Bozeman, MT 59715 Representative Headwaters Engineering, Garrett Schultz, 190 Northstar Lane, Bozeman, MT 59718 Staff Planner Lynn Hyde Engineer Karl Johnson Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 07/31/2022 – 08/16/2022 07/31/2022 07/31/2022 07/31/2022 & 08/07/2022 Advisory Boards Board Date Recommendation Development Review Committee 7/12/2022 The application is adequate for review City Commission 8/16/2022 TBD Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 150 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 2 of 13 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 1. The Applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law. 151 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 3 of 13 Figure 1: Current Zoning Map 152 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 4 of 13 Figure 2: Land Use Designation 153 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 5 of 13 Figure 3: Proposed site plan 154 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 6 of 13 Figures 4-6: Elevations & Conceptual Renderings 155 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 7 of 13 156 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 8 of 13 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Public Lands and Institutions Yes Zoning PLI (Public Lands and Institutions) Yes Comments: The public institutions uses are allowed within the zoning district pursuant to Section 38.310 of the Bozeman Municipal Code. The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy where applicable. Section 38.330.030 states: “To the maximum extent allowed by state law, all PLI development must be subject to review and approval as provided for by this chapter, based upon recommendations received from the applicable review bodies established by article 2 of this chapter as may be applicable, and must be required to comply with all applicable underlying zoning requirements, as well as any requirements for certificates of appropriateness as established in design objective plans or other overlay district regulations or guidelines.” 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Conflicts TBD Comments: Agency exemptions are requested to allow the new building without the required pedestrian facilities, curbing, striping, landscaping, grading requirements, building design, and signage limitations required by the Bozeman Municipal Code. Fourteen Agency Exemptions are proposed per Montana Code Annotated 76-2-402 to the following Sections of the Bozeman Municipal Code: The Site Plan recommendation is contingent upon favorable recommendations on the agency exemptions from City Commission. The City Commission is reviewing the agency exemption requests on August 16, 2022. Until that point, many items are remaining TBD, or to be determined. Condominium ownership NA Comments: NA 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: 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. The original development of the Fairgrounds predated zoning and development requirements and has many components that do not meet todays development standards, also known as non-conforming. Subsequent 157 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 9 of 13 improvements and development at the Fairgrounds has happened through incremental improvements and agency exemptions. This application is proposing the addition of one building, located internally on the site, and small improvements on the exterior of the building. No other portions of the existing site are proposed to be changed. The Applicant has requested multiple agency exemptions for the proposed Site Plan. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan TBD Submittal requirements 38.220.100 TBD Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The Site Plan is requesting multiple agency exemptions. The final Site Plan approval depends upon a favorable recommendation from the Commission on the agency exemptions. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: NA 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Nonprofit Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front 0 0 Rear 0 0 Side 0 0 Alley 0 0 Comments: In the PLI district, there are no setback requirements, except when a lot is adjacent to another district. The setbacks must then reflect the setbacks required for the adjacent district. The proposed building and improvements are adjacent to another parcel zoned PLI, thus regular setbacks are not applicable. The proposed improvements are greater than 60 feet from the property line, thus no conflict is foreseen. Lot coverage Allowed: Building height Allowed: Comments: Applicable zone specific or overlay standards 38.330-40 NA Comments: NA General land use standards and requirements 38.350 NA Comments: NA Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: There are no applicable supplemental uses/types. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: NA 158 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 10 of 13 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 NA Street and road dedication 38.400.020 NA Access easements NA Level of Service 38.400.060 Transportation grid adequate to serve site NA Comments: Sidewalks 38.400.080 TBD Comments: Drive access 38.400.090 Access to site: # Fire lanes, curbs, signage and striping TBD Comments: Street vision triangle 38.400.100 NA Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: Sidewalk or multiuse path are in place along all street frontages of the fairgrounds. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: NA Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: NA If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 NA Easements (City and public utility rights-of-way etc.) NA Water, sewer, and stormwater NA Other utilities (electric, natural gas, communications) NA CIL of water rights (CILWR) NA Comments: NA Municipal infrastructure requirements 38.410.070 NA Comments: NA Grading & drainage 38.410.080 TBD Location, design and capacity of stormwater facilities TBD Stormwater maintenance plan TBD Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H TBD Comments: Applicant is requesting an agency exemption from the stormwater retention/detention facilities requirement (38.410.080.H). 159 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 11 of 13 Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: Parkland dedication is not applicable Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: NA 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Types NA Departure criteria List departures here NA Comments: The proposed building and site improvements is well within the interior of the site, with limited to no street view, thus there are no applicable block frontage standards for the project. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 TBD Comments: Applicant is requesting an agency exemption to: 1. 38.520.040.C.1 Non-motorized circulation and design 2. 38.520.040.C.4 Pedestrian paths through parking lots 3. 38.520.040.C.5 Connection to adjacent properties 4. 38.520.040.D.2 Pathway design 5. 38.520.040.D.3 Pathways separated by landscaping requirements 6. 38.520.040.E. Bicycle Facilities Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 NA Internal roadway design 38.520.050.D NA Comments: No internal drives are needed or proposed. On-site open space 38.520.060 NA 160 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 12 of 13 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes TBD Parking requirements residential 38.540.050.A.1 NA Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 43 Provided on-street NA Bicycle parking 38.540.050.A.4 TBD Comments: There are an adequate number of parking spaces provided for the proposed use within the existing Fairgrounds parking lot. Applicant is requesting an agency exemption from the parking lot landscaping (BMC 38.550.050.C). Loading and unloading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 TBD Drought tolerant species 75% required NA Parking lot landscaping No Additional screening NA Street frontage NA Street median island NA Acceptable landscape materials NA Protection of landscape areas NA Irrigation: plan, water source, system type NA Residential adjacency NA Comments: Applicant is requesting an agency exemption from the parking lot landscaping requirements. Landscaping of public lands 38.550.070 NA Total required NA Total provided NA Comments: There is no open space required. Location and design of service areas and mechanical equipment 38.520.070 TBD Comments: Applicant is requesting an agency exemption from location and design of service and mechanical equipment (38.520.070.D.1). Vehicle circulation routes and access points are already in place and changes are not proposed. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Building massing and articulation 38.530.040 TBD Building details, materials, and blank wall treatments 38.530.050-070 TBD Comments: Applicant is requesting an agency exemption from the building massing and articulation requirement (38.530.040.B) and blank wall treatment requirements (38.530.070.C). 161 Staff Report Bozeman Legion Baseball Indoor Facility Application 21407 July 29, 2022 Page 13 of 13 Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 TBD Proposed SF/building TBD Comments: Applicant is requesting an agency exemption from the sign requirements. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 NA Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B NA Comments: 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no known or mapped floodplains or wetlands. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The public comment period ran from July 31 to August 16, 2022, was posted on site and mailed to adjacent owners on July 31, 2022 and was published in the local newspaper July 31, 2022 and August 07, 2022. At the time this report was written no public comment had been received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements NA Comments: NA 162