HomeMy WebLinkAbout10-03-23A.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
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B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Authorize Absence
D.1 Authorize the Absences of Commissioner I-Ho Pomeroy and Commissioner Madgic (Maas)
E.Public Service Announcements
F.FYI
G.Approval of Minutes
G.1 Approve the Regular Meeting Minutes from: September 19, 2023 (Maas)
H.Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, October 3, 2023
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
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H.1 Accounts Payable Claims Review and Approval (Waters)
H.2 Authorize the City Manager to Sign an Amendment One with Ken VanDeWalle for Aspen
Street Pedestrian Bridge Design(DiTommaso )
H.3 Authorize the City Manager to Sign an Amendment 1 to License Agreement for the Use of
City Property by Sime Construction for Bozeman Sports Park(Jadin)
H.4 Authorize the City Manager to Sign a Task Order EDD23-003 with Sanderson Stewart for a
Bridger Park Garage Expansion Feasibility Analysis(Veselik )
H.5 Resolution 5534 Establishing a Planning Commission as Required by the Montana Land Use
Planning Act to Have Responsibility as the City's Designated Advisory Board for Land Use
Planning and Implementing Subdivision and Zoning Regulations(Bentley)
H.6 Ordinance 2150, Provisional Adoption Establishing Initial Zoning Designation of R-4 on
20.515 Acres, the 4840 Fowler Lane Annexation Zone Map Amendment, Application
22383(Cramblet)
I.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 per topic. 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.
Written comments can be located in the Public Comment Repository.
J.Mayoral Proclamation
J.1 Proclaiming Indigenous Peoples' Day(Andrus)
K.Special Presentation
K.1 Police Department Body Camera Program Special Presentation (Veltkamp)
L.Action Items
L.1 Continue Application 23127 Requesting Annexation of Approximately 40.12 Acres and
Adjacent Right of Way for Hidden Valley Road and Amendment to the City Zoning Map for
the Establishment of a Zoning Designation of R-5 (Residential Mixed-Use High Density)
District to the January 23, 2024 City Commission Hearing(Cramblet)
M.FYI / Discussion
N.Adjournment
City Commission meetings are open to all members of the public. If you have a disability and require
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assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Kira Peters, Assistant City Manager
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absences of Commissioner I-Ho Pomeroy and Commissioner
Madgic
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to authorize the absence of Commissioners I-Ho Pomeroy and
Jennifer Madgic.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner I-Ho Pomeroy and Jennifer Madgic informed City Manager
Mihelich and Mayor Andrus that they would not be in attendance.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: August 15, 2022
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Kira Peters, Assistant City Manager
Jeff Mihelich, City Manager
SUBJECT:Approve the Regular Meeting Minutes from:
September 19, 2023
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the combined City Commission minutes as submitted.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency. Improvements
included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
In addition to the City Commission, many Citizen Advisory Boards utilize the
system as well. Beginning January 5, 2021 meetings in the Granicus platform
have been closed captioned. Those captions are searchable using the
advanced search option on our video view page.
Users are always welcome to contact the City Clerk’s Office at 582-2320 or
email agenda@bozeman.net for assistance.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None
Attachments:
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09-19-23 City Commission Meeting Minutes.pdf
Report compiled on: September 6, 2023
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 1 of 12
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
September 19, 2023
Present: Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn
Absent: I-Ho Pomeroy
Excused: None
Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan,
Assistant City Attorney (ACA) Anna Saverud, City Clerk (CC) Mike Maas
A) 00:37:45 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B) 00:38:45 Pledge of Allegiance and a Moment of Silence
C) 00:39:49 Changes to the Agenda
D) Authorize Absence
D.1 00:39:55 Authorize the Absence of Commissioner I-Ho Pomeroy
00:39:58 Motion to authorize the absence of Commissioner I-Ho Pomeroy.
Terry Cunningham: Motion
Christopher Coburn: 2nd
00:40:06 Vote on the Motion to authorize the absence of Commissioner I-Ho Pomeroy. The
Motion carried 4 - 0.
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 2 of 12
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
E) 00:40:15 FYI
• CM Mihelich noted the composting and recycling program received a $1.6 Million grant
from EPA; provided an update on local wetlands code and requesting input on October
5, a noon meeting via Zoom and a 6-7:30 p.m. meeting at the library.
F) 00:42:36 Commission Disclosures
G) 00:42:42 Consent
G.1 Accounts Payable Claims Review and Approval
G.2 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as
of June 30, 2023
Depository Bonds & Securities 0623.pdf
G.3 Approve the Finding of Fact and Order for the Mayfly Townhomes Major
Subdivision Preliminary Plat, Application 22310 (Quasi-Judicial)
22310 Mayfly Townhomes Subdivision FOF.pdf
G.4 Authorize the City Manager to Sign a Professional Services Agreement with Best
Rate Towing for Towing Services on Behalf of the City's Parking Division
Professional Services Agreement with Best Rate Towing and Repair for towing
services on behalf of the CIty of Bozeman Parking Di.docx
Best Rate Towing Rate Sheet.pdf
G.5 Authorize the City Manager to Sign a Services Agreement with Arizona State
University for Risk Assessment Training
09.05.23 - City of Bozeman_Final updated ASU Services Agreement.pdf
G.6 Professional Services Master Task Order Agreement and Task Orders 1 and 2
With DOWL to Complete Professional Engineering On-Call Services For On-Call
Engineering and Construction Oversight Services
Stormwater Engineering On-Call Services 2023.pdf
Task Order 01 - DOWL 2023 PSA For On-Call Services.pdf
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 3 of 12
Task Order 02 - DOWL 2023 PSA For On-Call Services.pdf
G.7 Authorize the City Manager to Sign a Task Order NE23-001 with Sanderson
Stewart for a Depot Trail Property Boundary and Fence
URD Task Order NE23-001_Depot Trail Boundary FINAL.pdf
G.8 Resolution 5535, Authorizing the City Manager to Sign Prime Change Order 2 and
Guaranteed Maximum Price Amendment 4 with Martel Construction, Inc. for the
Construction of the Fire Station 2 Relocation Project
Resolution 5535.pdf
Prime Change Order #2.pdf
Bozeman Fire Station #2 - Guaranteed Maximum Price Amendment No. 4.pdf
00:42:50 City Manager Introduction
CM Mihelich provided the highlights of the Consent Agenda.
00:43:59 Public Comment
00:44:22 Richard Schuster commented.
00:45:57 Clinton Ross-Durham commented on wetlands.
00:46:43 Marie Steiger commented on item G.5.
00:47:25 Motion to approve Consent Items 1 - 8 as submitted.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
00:47:30 Vote on the Motion to approve Consent Items 1 - 8 as submitted. The Motion carried
4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 4 of 12
H) 00:47:46 Public Comment
Mayor Andrus opened general public comments.
00:48:57 Guy Santiglia commented on selling Story Mansion and the need for a new City
Attorney and City Manager.
00:50:56 Anonymous Public Comment on Smart Cities.
I) 00:53:22 Special Presentation
I.1 00:53:28 National Law Enforcement Survey Special Presentation
The National Law Enforcement Survey Report of Results.pdf
Joe Dell'Olio, Senior Survey Associate, presented the results of the National Law Enforcement
Survey.
I.2 01:09:17 Human Resources Development Council (HRDC) Needs
Assessment
2022_HRDC Community Needs Assessment.pdf
2023_Bozeman CNA Presentation.pdf
Heather Grenier, Executive Director of HRDC, presented the Community Needs Assessment.
J) 01:12:57 Action Items
J.1 01:13:02 Ordinance 2147 Provisional Adoption of Regulations for Camping
on City Right-of-way
Regulations for Camping on City Right of Way Ordinance 2147.pdf
2023 City of Bozeman Street Clean Up Project Highlights .pdf
01:13:21 Staff Presentation
CM Mihelich presented a background for the need for the proposed Ordinance, why now,
summary of the 2023 Street Clean Up, a summary of applicable court cases and key take-aways,
an overview of the proposed ordinance, time-place-and-manner considerations, engagement,
advisory board recommendations, a summary of public comments, staff support, and a final
summary.
01:41:19 Questions of Staff
02:28:48 Mayor Andrus called the meeting to Recess
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 5 of 12
02:34:32 Mayor Andrus called the meeting back to order
02:34:50 Public Comment
02:35:40 Mike Ross commented in opposition to the ordinance.
02:38:30 Colleen Olsen commented on the ordinance.
02:40:40 Dane Fletcher commented on the ordinance.
02:42:43 Lisa Katherine commented on the ordinance.
02:44:51 Lily Dirdka commented in opposition to the ordinance.
02:47:04 Kyree Bitterman commented in opposition to the ordinance.
02:49:09 Joey Morrison commented in opposition to the ordinance.
02:51:13 Ashley commented in opposition to the ordinance.
02:53:25 Mike Hope commented in opposition to the ordinance.
02:55:40 Dan Alexander commented in opposition to the ordinance.
02:57:21 Debbie Bigelow commented on the ordinance.
03:00:13 Heather Stewart commented on the ordinance.
03:01:31 Leif Sundeen commented in opposition to the ordinance.
03:03:40 Chrystal Chvilick commented on behalf of Family Promise on the ordinance.
03:05:50 Ryan commented in opposition to the ordinance.
03:07:03 Angela Kennedy commented in opposition to the ordinance.
03:08:31 Margo Reinhardt commented in opposition to the ordinance.
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 6 of 12
03:10:44 Marie Steiger commented in opposition to the ordinance.
03:12:54 Elise Meyers commented in opposition to the ordinance.
03:15:04 David Wyrick commented in opposition to the ordinance.
03:16:42 Brittany Bellcourt commented on the ordinance.
03:18:45 Kennison commented in opposition to the ordinance.
03:20:56 Brian Guyer, Housing Director from HRDC, commented on the ordinance.
03:22:57 Heather Grenier, Executive Director of HRDC, commented on the ordinance.
03:24:52 Darrell Cherry commented on the ordinance.
03:26:23 Rain commented in opposition to the ordinance.
03:28:36 Rock Johnson commented on the ordinance.
03:30:48 William Bennett commented.
03:32:04 Armando Arietta commented.
03:34:20 Clinton Ross Durham commented in opposition to the ordinance.
03:36:21 Brett Archer commented on the ordinance.
03:37:40 Brian Gushi commented on the ordinance.
03:39:42 Mike Arntz commented in opposition to the ordinance.
03:41:26 Phil Ronnager commented on the ordinance.
03:43:22 Steven Ankney commented on the ordinance.
03:45:04 Charles Allen Tushton commented.
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 7 of 12
03:47:08 Craig Cleveland commented in opposition to the ordinance.
03:48:10 Kimberley Morris commented in opposition to the ordinance.
03:49:21 Heather Cantrell commented on the ordinance.
03:51:32 Jason Thompson commented on the ordinance.
03:53:40 Bitsy Digioli commented on the ordinance.
03:55:53 Ashely Ogle commented in opposition to the ordinance.
03:58:05 Jennifer Rather commented on the ordinance.
03:59:28 Lindsey Loya commented on the ordinance.
04:01:35 Donnie Olsen commented on the ordinance.
04:03:42 Anonymous public comment.
04:05:53 Elaina commented in opposition to the ordinance.
04:08:03 John Sciporella commented on the ordinance.
04:09:28 Roselo Pasquo commented.
04:10:08 Chris Howell commented in opposition to the ordinance.
04:11:29 Hillary Ann Crosby commented in opposition to the ordinance.
04:13:15 Lila Brown commented on behalf of Forward Montana in opposition to the
ordinance.
04:15:13 Kelly Taylor commented in opposition to the ordinance.
04:17:28 Olive commented in opposition to the ordinance.
04:19:24 Alex commented in opposition to the ordinance.
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 8 of 12
04:20:54 Guy Santiglia commented on the ordinance.
04:23:11 Alexandra Lynn commented in opposition to the ordinance.
04:23:23 Brady Brimmer, College Democrats at MSU, commented in opposition to the
ordinance.
04:24:00 Tonya Stevens commented on the ordinance.
04:26:20 Brianna Hope commented in opposition to the ordinance.
04:28:48 Dan Stusek with Virga Capital commented in support of the ordinance.
04:30:16 Meeting Extended
Mayor Andrus extended the meeting until 11:00 p.m.
04:30:27 Staff Clarification from public comments.
04:36:16 Motion to provisionally adopt Ordinance 2147, the Regulations for Camping on City
Right-of-Way.
Jennifer Madgic: Motion
Terry Cunningham: 2nd
04:36:30 Discussion
04:51:40 Motion to amend the five day rule to 30 days.
Terry Cunningham: Motion
Christopher Coburn: 2nd
04:51:52 Discussion on the Amendment
04:55:41 Vote on the Motion to amend the five day rule to 30 days. The Motion carried 4 - 0.
Approve:
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 9 of 12
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
04:55:51 Discussion continued
04:57:23 Motion to amend Section 34.09.020. Item C. Number 3(D). Remove decibel limit and
strike the first sentence. Would then read “Generators must be stored and located on a paved
surface. Fuel must be in containers designed for the fuel stored therein.”
Christopher Coburn: Motion
Jennifer Madgic: 2nd
04:58:00 Discussion on the Amendment
05:01:21 Vote on the Motion to amend Section 34.09.020. Item C. Number 3(D). Remove
decibel limit and strike the first sentence. Would then read “Generators must be stored and
located on a paved surface. Fuel must be in containers designed for the fuel stored therein.” The
Motion carried 3 - 1.
Approve:
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
Cyndy Andrus
05:01:35 Motion to amend Section 34.09.030. Item A to read "each violation of 34.09.020 may
be publishable by a civil penalty of twenty five dollars only after three documented warnings are
issued for violations. Each day a violation occurs constitutes a separate offence.”
Christopher Coburn: Motion
Jennifer Madgic: 2nd
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 10 of 12
05:02:41 Discussion on the Amendment
05:06:41 Clarification of City Attorney
05:10:18 Vote on the Motion to amend Section 34.09.030. Item A to read "each violation of
34.09.020 may be publishable by a civil penalty of twenty five dollars only after three
documented warnings are issued for violations. Each day a violation occurs constitutes a
separate offence.” The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
05:10:29 Motion to amend the ordinance to change "Involuntarily Homeless" to "Experiencing
Homelessness".
Christopher Coburn: Motion
Jennifer Madgic: 2nd
05:11:12 Discussion
05:11:51 Vote on the Motion to amend the ordinance to change "Involuntarily Homeless" to
"Experiencing Homelessness". The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 11 of 12
05:12:01 Discussion on the main motion continued
05:29:00 Vote on the Motion to provisionally adopt Ordinance 2147, the Regulations for
Camping on City Right-of-Way. The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
K) Appointments
K.1 05:29:14 Appointment to the Economic Vitality Board
Malory Peterson.pdf
05:29:25 Public Comment
05:29:50 Motion to appoint Malory Peterson to the Economic Vitality Board to a term ending
December 31, 2023.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
05:30:20 Vote on the Motion to appoint Malory Peterson to the Economic Vitality Board to a
term ending December 31, 2023. The Motion carried 4 - 0.
Approve:
Cyndy Andrus
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
None
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Bozeman City Commission Meeting Minutes, September 19, 2023
Page 12 of 12
L) 05:30:28 FYI / Discussion
CM Mihelich noted the proper way for members of the public to express displeasure with the
work of staff.
M) 05:31:02 Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: October 3, 2023
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:October 3, 2023
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 claims to be presented
to the City Commission within one year of the date the claims accrued.
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.
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: September 6, 2023
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Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign an Amendment One with Ken
VanDeWalle for Aspen Street Pedestrian Bridge Design
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an amendment one with Ken
VanDeWalle for Aspen Street Pedestrian Bridge Design.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City Commission designated a pedestrian bridge over Bozeman Creek as
an urban renewal project. The Fiscal Year 2021 work plan and budget for the
Northeast Urban Renewal District included funding for design of pedestrian
connections and abutments for a bridge. The original scope of work covered
architectural design for the bridge itself to be placed on abutments. Since
the original contract was approved, additional design work was done in order
to coordinate efforts between the designer and the contractor who was
awarded the bid. The attached amended scope reflects work already
completed by Ken VanDeWalle in an effort to move the project forward.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:The completed work has been scoped at $11,650 and is available in the
Northeast Urban Renewal District Budget.
Attachments:
Aspen Street Amendment to Contract 9.19.23.pdf
PSA Amendment - Ken VanDeWalle - Aspen Street Ped
Bridge.pdf
21- Professional Services Agreement - Ken VanDeWalle -
Architectural Services Aspen Street Pedestrian Bridge (1).pdf
Report compiled on: September 21, 2023
20
21
Aspen Street Pedestrian Bridge
Amendment to the Original Contract Scope of Work
Contract Originally Dated October 4,2021
Ken VanDeWalle Architect AIA,Inc.
Amendment Date:September 19th,2023
Aspen Street Pedestrian Bridge Professional Fee Amendment:Due Upon Receipt $11,650.00
The Amended Scope of Work reflects work already completed and not defined in the “Original Contract
Scope of Work.”The Amended Scope of Work includes the following:
●Design and drawings for the neighbors fence.Completed 6.30.22
●Time required to review bridge design and drawings after contract scope of work completed 1.5 years ago -
February 2022.8.01.2023 to present
●First meeting with City Representative,City Engineer and KLJ Engineers.Completed 8.08.2023
●Preparation of requested additional drawings beyond the scope of work for permit drawings for a meeting
with the Contractor,draftsman,KLJ Engineers,City Engineer and City Representative.Completed 8.09.2023
●Second meeting to review the bridge and answer any questions with the Contractor,draftsman,KLJ Engineers,
City Engineer and City Representative.Completed 8.16.2023
●Preparation of computer drawing files to send to KLJ,City Representative,City Engineer,General Contractor
and steel detailer draftsman.Completed 8.17.2023
●Release form prepared and sent to share drawing files.Completed 8.18.2023
●Coordinate w/City of Building Dept on permit &3rd party abutment Eng.Inspection Completed 8.28.2023
●Coordinate w/City Reps.KLJ Eng.&Structural Eng on shop drawing submittal method.Completed 8.29.2023
●Review abutment shop drawings w/the Owner of Glacier Precast Completed 8.30.2023
●Abutment shop drawings sent out.Completed 9.16.2023
●Response to all RFI’s prior to 9.19.2023 Completed 9.19.2023
Ken VanDeWalle Architect AIA,Inc.ph.406-581-6149 |archindetail1@gmail.com |www.architectureindetail.com |tax id#261296513
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First Amendment to Professional Services Agreement Architectural Services FY 2023-FY2024 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
ARCHITECTURAL SERVICES dated November 9, 2021 (the “Agreement”) is made and
entered into this 3rd day of October 2023, 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 Ken
VanDeWalle, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Scope of Work: Consultant performed the wok and provided the services in
accordance with the requirements of the Amended Scope of Services attached hereto.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
1. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
23
First Amendment to Professional Services Agreement Architectural Services FY 2023-FY2024 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA KEN VANDEWALLE, AIA INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Ken VanDeWalle
Title: Principal
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
24
Professional Services Agreement for Architectural Services Page 1 of 8
PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 9th day of November , 2021 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Ken VanDeWalle AIA, Inc., 408 Plum Ave., Bozeman, MT 59715, hereinafter referred to as “Consultant” or “Architect.” The City and Architect 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 hire Consultant as an independent 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. Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June, 2024, unless earlier terminated in accordance with this Agreement. 3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services attached hereto. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Architect the amount specified in the Scope of Services.
Any alteration or deviation from the described work that involves additional costs above the Agreement amount will be performed by Architect after written request by the City, and will become an additional charge over and above the contract amount. The parties must agree in writing upon any
additional charges.
5. Consultant’s Representations:
To induce City to enter into this Agreement, Architect makes the following representations:
a. Architect 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, growth policies,
adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
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b. Architect 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: The parties agree that Architect is an independent
contractor for purposes of this Agreement and is not to be considered an employee of the City for any
purpose. Architect 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. Architect is not authorized to represent the City or otherwise bind the City in any dealings between Architect and any third parties.
Architect 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. Architect shall maintain workers’ compensation coverage for
all members and employees of Architect’s business, except for those members who are exempted by law.
Architect 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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this
Section as the City) harmless against claims, demands, suits, damages, losses, and expenses connected
therewith that may be asserted or claimed against, recovered from or suffered by the City by reason
of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Architect 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 Architect or Architect’s agents or employees.
Architect also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
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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.
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 City be required to bring an action against the Architect to assert its right to defense or indemnification under this Agreement or under
the Architect’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 Architect was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof.
The obligations of this Section shall survive termination of this Agreement and the services performed hereunder.
In addition to and independent from the above, Architect shall secure insurance coverage acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a company authorized to do business in the State of Montana 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; $2,000,000 annual aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Architect commencing work. 8. Professional Service: Architect agrees that all services and work performed hereunder will be accomplished in a professional manner. 9. Compliance with Laws: Architect agrees to comply with all federal, state and local
laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the
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Montana Safety Act in Title 50, Chapter 71, MCA. Architect agrees to purchase a City business
license. 10. Nondiscrimination and Equal Pay: The Architect agrees that all hiring by Architect
of persons performing this Agreement shall be on the basis of merit and qualifications. The Architect
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Architect 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 Architect 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.
Architect 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).
Architect must report to the City any violations of the Montana Equal Pay Act that Architect has been
found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Architect shall require these nondiscrimination terms of its subcontractors providing services under this Agreement.
11. Default and Termination: If either Party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other Party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after
written notice is provided to the defaulting Party. Said notice shall set forth the items to be cured.
Additionally, the non-defaulting Party may bring suit for damages, specific performance, and any
other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the Parties at the addresses set forth in the first paragraph of this Agreement.
12. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Architect may not subcontract or assign Architect’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.
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13. Ownership and Publication of Materials: All reports, information, data, and other
materials prepared by the Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties, are jointly owned by the
Architect and the City. The City has authority to release, publish or otherwise use, in whole or part, reports, information, data and other materials prepared by Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties. Any re-use without written verification or adaptation by the Architect for the specific purpose
intended will be at the City’s sole risk and without liability or legal exposure to the Architect. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City.
14. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be David Fine, Economic Development Program Manager, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Architect 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. Architect’s Representative: The Architect’s Representative for the purpose
of this Agreement shall be or such other individual as Architect shall designate in writing.
Whenever direction to or communication with Architect is required by this Agreement, such
direction or communication shall be directed to Architect’s Representative; provided,
however, that in exigent circumstances when Architect’s Representative is not available, City
may direct its direction or communication to other designated Architect 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.
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15. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana. 16. Reports /Accountability/Public Information: Architect agrees to develop and/or provide documentation as requested by the City demonstrating Architect’s compliance with the requirements of this Agreement. Architect 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 Architect pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Architect shall not issue any statements, releases or information for public dissemination without prior approval of
the City.
17. Non-Waiver: A waiver by either Party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach. 18. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument.
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.
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24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. 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. 29. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Professional Services Agreement for Architectural Services Page 8 of 8
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________ ARCHITECT (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________ Greg Sullivan, Bozeman City Attorney
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President
Ken VanDeWalle
Ken VanDeWalle
Assistant City AttorneyBy:
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Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to License Agreement
for the Use of City Property by Sime Construction for Bozeman Sports Park
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to License Agreement for
the Use of City Property by Sime Construction for Bozeman Sports Park
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:Sime Construction is performing construction on Baxter Drive and seeks to
use an area of Bozeman Sports Park for dewatering wells. This use license
authorizes them to work in the park and ensures restoration upon
completion. Due to significant challenges with groundwater, the project was
delayed and we seek to extend the license period to account for restoration
work that will need to occur in the spring of 2024.
UNRESOLVED ISSUES:Site restoration required in the initial agreement term remains unresolved.
ALTERNATIVES:Per Commission
FISCAL EFFECTS:NA
Attachments:
2023_Use_License_-_Sime_for_BSP-extension.pdf
2023 Use License - Sime - Exhibit A.tiff
2023 Use License - Sime - Exhibit B.tiff.pdf
Report compiled on: September 21, 2023
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AFTER RECORDING PLEASE RETURN TO:
City Clerk
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
AMENDMENT 1 TO LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY
BY SIME CONSTRUCTION
This License Agreement (the “Agreement”) is entered into on ___________, 2023 between the
City of Bozeman, a self-governing municipality operating pursuant to its Charter and the laws of
the State of Montana, with a mailing address of P.O. Box 1230, Bozeman, MT 59771 (the “City”)
and Sime Construction, with a mailing address of 190 Ramshorn, Bozeman, MT 59718
(“Licensee” or collectively with the City, the “Parties”).
In consideration of Licensee’s promises herein, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Purpose. The City owns the real property described as Tract 1A1A of Certificate
of Survey 2554C (“Bozeman Sports Park” or “Licensed Property”) (Exhibit A) and agrees to
authorize Licensee to access a portion of the Licensed Property for purposes of completing
construction in Baxter Lane, pursuant to this Agreement and approved infrastructure plans. The
alterations of and improvements to the Licensed Property consists of the following:
Installation of 10-12 temporary wells for dewatering purposes within the drainage
swale south of the sidewalk along Baxter Lane and restoration of the site to like or
improved condition upon removal of the wells, including seeding according to the
specifications of the Park Superintendent.
(the “Alterations and Improvements”).
2. Description of Licensed Property. The portion of the City Property subject to this
Agreement consists of the real property as depicted in Exhibit A (“Bozeman Sports Park”).
3. Title. Licensee hereby acknowledges this Agreement grants a privilege and not an
interest in the Licensed Property and the title of the City to the Licensed Property, and Licensee
agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or
extent whatsoever in the Licensed Property by virtue of this Agreement or Licensee’s occupancy
or use hereunder. The City may enter the Licensed Property at any time to assert its real property
Amendment 1 to License Agreement with Sime Construction at Bozeman Sports Park 2023
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Amendment 1 to License Agreement with Sime Construction at Bozeman
Sports Park 2023 Page 2 of 12
interest or for other purposes which do not unreasonably interfere with the activities of the
Licensee authorized by this Agreement.
4.License for Construction and Installation of Improvements; Term. The City
hereby grants permission, revocable and terminable as provided herein, during period
commencing on the Effective Date and expiring on June 30, 2024 on the terms and
conditions set forth herein, which Licensee promises to comply with and abide by for Licensee’s
fulfillment of the obligations as stated in this Agreement, which Licensee promises to comply
with and abide by (the “Use License”). The Use License consists of permission for Licensee,
their contractors, subcontractors and other entities contracted with or hired by Licensee to
use the Licensed Property and no other portion of the Bozeman Sports Park for only the purposes
as stated herein. Construction of Improvements not in compliance with the infrastructure plan
shall be considered a breach of the Use License.
The term of the Use License may be extended by mutual agreement of the Parties in writing. The
City Manager is authorized to agree on behalf of the City to extension(s) of the term of the Use
License.
Title to all permanent improvements on the Park Property and on public rights-of-way adjacent to
the Park Property made by Licensee or their agents shall vest in the City, free and clear of all debts,
liens and encumbrances.
5. Indemnification/Insurance.
a. To the fullest extent permitted by law, Licensee, recognizing they exercise their
privileges under this Agreement at their own risk, shall release, and shall
protect, defend, indemnify, and hold harmless the City and their agents,
representatives, employees, and officers 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
occupation or use of the Licensed Property by Licensee; (ii) the negligent,
reckless, or intentional misconduct of the Licensee, their officers, employees,
or agents on or related to the Licensed Property; and (iii) any negligent,
reckless, or intentional misconduct of any of the Licensee’s guests, invitees,
contractors, or subcontractors on or related to the Licensed Property.
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Such obligation shall not be construed to negate, abridge, or reduce other rights
or obligations of indemnity that would otherwise exist as to an indemnitee
described in this Section. The indemnification obligations of this Section must
not be construed to negate, abridge, or reduce any common-law or statutory
rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s).
Licensee’s indemnity under this Section shall be without regard to and without
any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against
the Licensee to assert their right to defense or indemnification under this
Agreement or under the Licensee’s applicable insurance policies required
below the indemnitee shall be entitled to recover reasonable costs and attorney
fees incurred in asserting their right to indemnification or defense but only if a
court of competent jurisdiction determines the Licenseewas obligated to defend
the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any
portion(s) thereof.
In the event of an action filed against the City, the City may elect to represent
itself and incur all costs and expenses of suit.
Theobligations of this Section 5(a) shall survive termination of this Agreement.
b. In addition to and independent from the above, during the term of this
Agreement Licensee shall at Licensee’s expense maintain those insurances as
may be required by City as set forth below through an insurance company or
companies duly licensed and authorized to conduct business in Montana which
insures the liabilities and obligations specifically assumed by the Licensee in
Section 5(a). The insurance coverage shall not contain any exclusion for
liabilities specifically assumed by the Licensee in Section 5(a).
Within ten (10) days following execution of this Agreement, Licensee shall
provide City with proof of such insurance in the form of a certificate of
insurance, the insuring agreement and all applicable endorsements
demonstrating that such insurance is in full force and effect and shall provide
such proof when requested by the City thereafter during the term of this
Agreement. The City may require additional evidence of the nature and scope
of the insurance required herein.
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Licensee shall ensure such required insurance coverage is timely renewed so
that there is no lapse in coverage during the time such insurance must remain
in place. Licensee shall notify the City within two (2) business days of
Licensee’s receipt of notice that any required insurance coverage will be
terminated or Licensee’s decision to terminate any required insurance coverage
for any reason.
The insurance and required endorsements must be in a form suitable to the City.
c. Licensee shall obtain the following type of insurance in the amount indicated:
Workers’ Compensation:not less than statutory limits; and
Employers’ Liability:$1,000,000 each 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;
$2,000,000 annual aggregate;
Additional coverage as may be reasonably required by the City from time
to time.
For liabilities assumed hereunder, the City, its officers, agents, and employees, shall be
endorsed as an additional or named insured on a primary non-contributory basis on the
Commercial General Liability and Automobile Liability policies.
6. Construction/Restrictions/Repair and Maintenance.
a. Licenseeshall, at their sole cost and expense, incorporate the Licensed Property
into any environmental permits required as applicable for the Project.
b. For the use of any public rights-of-way or any real property of the City other
than the Licensed Property the Licensee shall obtain an encroachment permit
from the City’s Director of Public Works or other applicable approvals.
c. Licenseeshall keep the Licensed Property and sidewalks free from construction
debris and other materials except as needed for installation of wells. Sediment,
rock, mud, and other debris entering upon the Licensed Property shall be
cleaned or removed immediately.
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Sports Park 2023 Page 4 of 12
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d. Licensee agree to immediately repair any damage caused by Licensee, their
agents, invitees, guests, contractors or subcontractors to any public or private
property outside the Licensed Property including but not limited to streets,
curbs, sidewalks, irrigation and other infrastructure to the current City standard
for that infrastructure. Licensee agrees to timely comply with any request of
the City to perform maintenance and repairs to streets, curbs, sidewalks and
other infrastructure damaged by Licenseeor Licensee’s agents, invitees, guests,
contractors, or subcontractors.
e. Any damage to the Licensed Property shall be repairedto a condition acceptable
to the City. Maintenance or repair work to the Licensed Property shall be
performed to the City’s reasonable satisfaction.
7. Waste, Nuisance, and Unlawful Use Prohibited. Licensee shall not commit, or
suffer to be committed, any waste on the Licensed Property, nor shall Licensee maintain, commit,
or permit the maintenance of any nuisance on the Licensed Property or use the Licensed Property
for any unlawful purpose. Licensee shall not do or permit anything to be done in or about the
Licensed Property which shall in any way conflict with any law, ordinance, rule, or regulation
affecting the occupancy and use of the Licensed Property, which are or may hereafter be enacted
or promulgated by any public authority.
8. Hazardous Materials. Licensee agrees and represent that they shall not store or
dispose of on the Licensed Property any “Hazardous Materials” as defined by Federal, State or
local law as from time to time amended.
9. Signage. Licensee, nor any of its agents, may not install any signage except as
authorized by the City’s Representative.
11. Restoration.
a. Within 30 days upon completion of the Licensee’s use of the Licensed Property
or within 30 days of termination of this Agreement pursuant to Section 12,
whichever is earlier, the Licensee shall cause the Licensed Property to be fully
restored to the condition existing at the date of execution by the City.
Restoration is at the discretion of the City and may include but is not limited to
grading and repairs to failed sub-grade; reconstruction of accesses, fencing, and
existing water systems, as applicable; installation of ground cover as specified
by the Parks Superintendent or City Representative; and installation of
temporary water system or application of water sufficient to stabilize the area
disrupted. In addition, Licensee shall restore damage they or their agents,
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invitees, guests, hires, contractors or subcontractors cause to other public or
private infrastructure adjacent to the Licensed Property to a condition as good
or better than existed prior to Licensee’s occupation of the Licensed Property.
All work to restore the Licensed Property shall comply with applicable building
codes and the City’s design and construction standards, except to the extent that
the Existing Condition, as explained below, does not comply with such codes
and standards. Licensee may be required to enter into a contract with the City
for such work. Licensee may cause their contractors or other agents to conduct
such restoration but in no case shall Licensee be relieved of their obligation
under this Section until such restoration is accepted by the City.
b. Unless waived by the City Representative, prior to Licensee occupying the
Licensed Property, the City’s Representative and Licensee shall perform an
inspection of the Licensed Property and adjacent public and private
infrastructure with video and/or photographs to record the condition of the
Licensed Property and/or public or private infrastructure (the “Existing
Condition”).
c. The City retains the right to approve any plans for and to inspect work done
under this Section.
d. The City and Licensee may enter into an agreement prior to the expiration of
the term of this Agreement or prior to the end of Licensee’s occupation of the
Licensed Propertyregarding restoration of the Licensed Property to a condition
different from the Existing Condition. Such agreement may address: (i)
improvements to the Licensed Property in addition to or different than the
Licensee’s obligations for restoration/repair under this Agreement; (ii) the
City’s contribution of funds to such improvements, if any; and (iii) other duties
and obligations of the Licensee regarding restoration and repair of the Licensed
Property. Nothing in such an agreement will reduce the obligations of Licensee
under this Agreement.
e.Site Restoration Security. The Licensee must provide the City security for
Licensee’s restoration requirement through a form acceptable to the Bozeman
City Attorney. Licensee may provide a cash deposit, a letter of credit, or obtain
a good and sufficient site restoration performance bond payable to the City of
Bozeman. The security shall be for the complete restoration of the Site as
required by this Section in an amount equal to twenty thousand dollars
($5,000.00). Such security shall be conditioned on the City’s determination
whether required restorations have been satisfactorily completed.
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Licensee may substitute such security upon a written requested directed to the
City’s Representative and upon approval by the Bozeman City Attorney.
Release of the security to Licensee upon satisfaction of their restoration
obligations shall be upon written request of the Licensee providing the security
and must be authorized in writing by the City’s Representative.
12. Termination. If Licensee fails to comply with any condition of this Agreement at
the time or in the manner provided for, the City may, at its option, terminate this Agreement and
be released from all obligations if the Licensee’s default is not cured within sixty (60) calendar
days after written notice of the default is provided by the City to the Licensee. Said notice shall
set forth the items to be cured. Notices shall be provided in writing and hand-delivered or mailed
to the parties at the addresses set forth in the first paragraph of this Agreement. Failure to cure any
default may result in an order by the City’s Representative for the Licensee to pay a fine.
13. Due Diligence. Licensee shall at all times exercise due diligence in the protection
of the City’s Park Properties and the Licensed Property against damages.
14. Non-discrimination and Equal Pay. The Licensee agrees that all hiring by
Licensee of persons performing this Agreement shall be on the basis of merit and qualifications.
The Licensee will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Licensee 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
Licensee 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.
Licensee represents they are, 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). Licensee must report to the City any violations of the Montana Equal Pay Act that
Licensee has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Licensee shall require these nondiscrimination terms of their sub-licensees providing
services under this Agreement.
Amendment 1 to License Agreement with Sime Construction at Bozeman
Sports Park 2023 Page 7 of 12
41
15. Amendment. This Agreement represents the entire understanding between the
Parties regarding the subject matter and supersedes any prior agreement, verbal or written. Any
amendment or modification of this Agreement or any provision herein shall be made in writing or
executed in the same manner as the original document and shall after execution become a part of
this Agreement.
16. Assignment. Licensee may not assign this Agreement in whole or in part and may
not sublet all or any portion of the Property without the prior written consent of the City. No
assignment will relieve Licensee of their responsibility for the performance of the Agreement
(including their duty to defend, indemnify and hold harmless). This license shall not run with the
land.
17. Waiver of Claims.Licensee waives all claims against City for injury to persons or
property on or about the Property or from their use of the Licensed Property. It shall be understood
that the responsibility for protection and safekeeping of equipment and materials on or near the
Property will be entirely that of the Licensee and that no claim shall be made against the City by
reason of any act of an employee, officer, or, agent of the City or any trespasser.
18. Representatives.
a.City’s Representative. The City Representative for the purpose of this Agreement
shall be Addi Jadin, Parks Planning and Development Manager, or her successor or
designee. 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, Licensee may
direct theircommunication or submission to other Citypersonnel or agents and may
receive approvals or authorization from such persons.
b.Licensee’sRepresentative. The Licensee’sRepresentatives for the purpose of this
Agreement shall be Parker Brown. Whenever direction to or communication with
Licensee is required by this Agreement, such direction or communication shall be
directed to Licensee’s Representative; provided, however, that in exigent
circumstances when Licensee’s Representative is not available, the City may direct
its direction or communication to other designated employees or agents of
Licensee.
Amendment 1 to License Agreement with Sime Construction at Bozeman
Sports Park 2023 Page 8 of 12
42
19. Permits. Unless otherwise agreed to in writing by the parties, Licensee shall
provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and
regulations, obtain all necessary permits, licenses, and inspections from applicable governmental
authorities, and pay all fees and charges in connection therewith.
20. Intoxicants; DOT Drug and Alcohol Regulations. Licensee shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the
Licensed Property. Licensee acknowledge awareness of and shall comply with their
responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations
governing anti-drug and alcohol misuse prevention plans and related testing. The City shall have
the right to request proof of such compliance and Licenseeshall be obligated to furnish such proof.
The City may order removal from the Licensed Property of any employee or agent of Licensee or
any of their subcontractors for use of intoxicants on the Licensed Property.
21. Liens and Encumbrances. Licensee shall not permit any liens or encumbrances
to be filed on the Licensed Property related to either the Licensee’s use of the Licensed Property
or the Licensee’s actions pursuant to this Agreement. Prior to the expiration of this Agreement or
termination by the City or Licensee as provided herein Licensee must furnish the City with
satisfactory proof that there are no outstanding liens or encumbrances in connection with the
Licensee’s use of the Licensed Property.
22. Dispute Resolution. 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. If the parties are unable to resolve the dispute within thirty
(30) days from the date the dispute was first raised, then such dispute shall be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival. Licensee’s indemnification obligations shall survive the termination or
expiration of this Agreement for the maximum period allowed under applicable law.
24. 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.
25. Waiver. A waiver by City of any default or breach by Licensee of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
Amendment 1 to License Agreement with Sime Construction at Bozeman
Sports Park 2023 Page 9 of 12
43
26. Severability. If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
27. Applicable Law. The Parties agree that this Agreement is governed in all respects
by the laws of the State of Montana. Jurisdiction for any dispute or claim raised under this
Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of
Montana, Gallatin County.
28. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
29. 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 except the City.
30. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
31. Authority. Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
32. Independent Contractor. The Parties agree and acknowledge that in the
performance of this Agreement Licensee shall not be considered an agent, representative,
subcontractor, or employee of the City. The Parties further agree that all individuals and
companies retained by Licensee at all times will be considered the agents, employees, or
independent contractors of Licensee and at no time will they be the employees, agents, or
representatives of the City.
33. Integration. This Agreement constitutes the entire agreement of the Parties.
Covenants or representations not contained therein or made a part thereof by reference, are not
binding upon the parties. There are no understandings between the parties other than as set forth
in this Agreement. All communications, either verbal or written, made prior to the date of this
Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement
by reference.
34. Recordation. This Agreement shall be recorded in the files of the Gallatin County
Clerk and Recorder. All costs of recording shall be borne by the Licensee. A copy of this recorded
agreement shall be provided to the City’s Representative.
Amendment 1 to License Agreement with Sime Construction at Bozeman Sports Park 2023
Page 10 of 12
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Amendment 1 to License Agreement with Sime Construction at Bozeman
Sports Park 2023 Page 11 of 14
35. 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 ###########
45
Amendment 1 to License Agreement with Sime Construction at Bozeman
Sports Park 2023 Page 12 of 12
Executed this _____ day of __________________, 20___.
City:
By: _____________________
Jeff Mihelich
Bozeman City Manager
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
Jeff Mihelich, as City Manager for the City of Bozeman, Montana.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL)Residing in________________________________
My Commission Expires:_____________________
Sime Construction
By: _______________________
Parker Brown, Superintendent
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
Parker Brown, as Superintendent of Sime Construction.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL)Residing in________________________________
My Commission Expires:_____________________
46
EXHIBIT A
(COS 2554C)
47
EXHIBIT B
(Depiction of Licensed Area within Park Properties)
48
49
50
51
Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Economic Development Program Manager
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Task Order EDD23-003 with Sanderson
Stewart for a Bridger Park Garage Expansion Feasibility Analysis
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a task order EDD23-003 with Sanderson
Stewart for a Bridger Park Garage expansion feasibility analysis.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:In 2018, the City engaged engineering consultants to examine feasibility of
adding levels to the Bridger Park Garage. The proposed new scope of work
reexamines the feasibility of adding levels to the Bridger Park Garage in
consideration of recent seismic and other structural updates to the building
code.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:Sanderson Stewart will bill for services on a lump sum basis not to exceed
$29,000. This money is available through the City's Parking Enterprise Fund.
Attachments:
URD Task Order EDD23-003_Bridger Park Expansion
COMPLETE v2 092023.pdf
Report compiled on: September 21, 2023
52
City of Bozeman Urban Renewal District Term Contract
Task Order Number #EDD23-003
PROJECT: Bridger Park Garage Expansion Feasibility Analysis
Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated September 20, 2023 between the City of Bozeman Economic
Development Department (EDD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order:
EDD: David Fine, Urban Renewal Program Manager Contractor: Chris Naumann, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached Walker
Consultants proposal. In addition, Sanderson Stewart will provide task order administrative support. COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with a project total of $29,000.00 (Walker Consultants $27,400 and Sanderson Stewart
$1,600). Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. The provisions of the Professional Services
Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order.
City of Bozeman Sanderson Stewart
Jeff Mihelich, City Manager Chris Naumann, Associate
53
10375 Park Meadows Drive, Suite 425
Lone Tree, CO 80124
303.694.6622
August 24, 2023
Revised September 19, 2023
Chris Naumann
Associate, Bozeman Branch Manager
Sanderson Stewart
106 E Babcock Street, Suite L1
Bozeman, MT 59715
Re: Proposal for Parking Structure Expansion Feasibility Analysis
Bridger Park Downtown Garage
Bozeman, MT
Dear Chris:
Walker Consultants (Walker) is providing the following the proposal for the feasibility analysis to implement the
vertical expansion of the existing Bridger Park Downtown parking structure in Bozeman, MT as a task order
through the current on-call agreement with Sanderson Stewart.
Walker Consultants is a fully staffed, industry leading parking consultant and will be able to maximize parking
efficiency and functionality which leads to minimizing the overall project cost. We are confident that our team’s
experience designing parking structures world-wide over 55 years will be of benefit and value.
Project Understanding
The existing Bridger Park Downtown parking structure is a cast-in-place post-tensioned two bay single thread helix
accommodating approximately 335 spaces across a grade plus two supported levels. The project was originally
designed for a future vertical expansion. The City of Bozeman wished to evaluate the feasibility to complete the
expansion under the requirements of current design codes and comment of the study performed by DCI
Engineers in April 2019.
Scope of Services
Based on the above understanding, we will build upon our prior feasibility efforts. We propose to perform the
following scope of services.
1. Perform a site visit to review existing conditions, if necessary.
2. Review archival documents provided by the City of Bozeman and generated by Walker as part of our prior
engagement.
3. Review the functionality of how a connection to a new top deck would impact the existing vehicle and
pedestrian circulation, change in the number of parking spaces in the structure, impact on the number of
accessible parking spaces, etc. Identify any potential hurdles or constraints.
4. Analyze ramp and entry/exit capacities.
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Bridger Park Downtown Garage
Parking Structure Expansion
City of Bozeman
September 19, 2023
2
5. Explore options for expanding the stair and stair/elevator towers.
6. Confirm that the structural analysis performed as part of the prior engagement conforms to current building
codes. This model will evaluate the potential expansion for maximizing additional parking capacity with the
provision for a solar ready roof component.
7. Review pedestrian vertical circulation elements for potential expansion. Verify code required widths are
provided in the expanded condition. This includes stairs and elevators.
8. Review, at a conceptual level, the impact to the existing building façade.
9. Study existing electrical, mechanical, and plumbing systems to confirm that it can handle the demand from
proposed additional level.
10. In cooperation with Martel Construction prepare an order of magnitude construction cost estimate develop
from initial quantities generated through the expansion analysis evaluation.
11. Develop a phasing plan that minimizes temporary loss of parking spaces during construction.
12. Meet with the City of Bozeman- Fire Marshal, Building Department, Traffic and Planning to discuss their
requirements. One (1) trip to Bozeman is included in our scope.
13. Prepare a draft report of our findings, including recommendations for any materials testing needed to
confirm existing conditions. The report will include car counts and sketches along with a list of potential
project logistical challenges associated with this type of work.
14. Review the draft report with you via teleconference or web conference and issue a final report.
Limitations
As stated in the above scope of services, the assessment is based on visual observations and limited testing of the
existing conditions. Our observations may not discover or disclose latent conditions without performing more
invasive testing. More detailed and invasive testing can be provided by Walker as an additional service upon
written request from Client.
Americans with Disabilities Act
A review of the facility for Building Code compliance and compliance with the Americans with Disabilities Act
(ADA) requirements is not part of the scope of work. However, it should be noted that whenever significant
repair, rehabilitation, or restoration is undertaken in an existing structure, ADA design requirements may become
applicable if there are currently unmet ADA requirements.
Schedule
We can begin work within one week of receiving written authorization, and anticipate on finishing the work within
4-6 weeks, contingent upon receiving timely feedback from the City of Bozeman Building Department.
Professional Fee
We propose to perform the services described for a lump sum fee of Twenty-Seven Thousand Four Hundred
Dollars ($27,400) including expenses.
55
Bridger Park Downtown Garage
Parking Structure Expansion
City of Bozeman
September 19, 2023
3
Walker is dedicated to providing our clients with professional services that meet project requirements and
deadlines. If you should have any additional questions, please do not hesitate to call or email us.
Sincerely,
WALKER CONSULTANTS
Kirk Taylor, PE Ryan Frederick, PE/SE
Principal, Director of Design Services Director of Engineering Services -West Region
Enclosures General Conditions of Agreement for Design Services
Standard Billing Rates 2023
Authorization
Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your
acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one
signed original of this agreement for our records.
Sanderson Stewart
Authorized Signature
Printed Name
Title
Date
M:\PROPOSAL\CMPLTPRO\Functional & Structural\Bridger Park Downtown - Expansion\Bridger Park Downtown PS_Expansion Feasability -Rev1.docx
Chris Naumann
Associate | Bozeman Manager
9/20/23
56
Bridger Park Downtown Garage
Parking Structure Expansion
City of Bozeman
September 19, 2023
4
General Conditions of Agreement for Design Services
Services
Walker Consultants (“Walker”) will provide the Client professional services that are limited to the work described
in the attached letter (the “services”). Any additional services requested will be provided at our standard hourly
rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written
information and documents supplied by the Client and are limited to and furnished solely for the specific use
disclosed to us in writing by the Client. No third-party beneficiary is contemplated.
Payment for Services
Monthly Invoices
Walker will submit monthly invoices based on work completed. Payment is due upon receipt of invoice. If for any
reason the Client does not pay Walker within thirty (30) days of date of invoice, Walker may, at its option,
suspend or withhold services. The Client agrees to pay Walker a monthly late charge of one and one-half percent
(1.5%) per month of any unpaid balance of the invoice.
Payment Method
Walker’s preferred method of payment is ACH. All payments should be made electronically to:
Truist Bank
ABA Routing Number 021052053
Credit to the account of - Walker Consultants
Account Number 79592337
Period of Service
In the event that no contract administration phase services are to be provided by Walker, services shall be
completed the earlier of (1) the date when final documents are accepted by the Client or (2) thirty days after final
documents are delivered to the Client. If contract administration phase services are provided by Walker, services
shall be complete upon the earlier of (1) the time of approval by Walker of final payment to the contractor or (2)
thirty (30) days after completion of the work designed by Walker.
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Bridger Park Downtown Garage
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September 19, 2023
5
Standard of Care
Walker will perform the services in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances at the same time and in the
same or similar locality. Walker makes no warranty, express or implied, as to its professional services under this
agreement. Walker’s liability caused by its acts, errors, or omissions shall be limited to $1,000,000.
Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the
Client. Walker will not independently investigate the accuracy of the assumptions. Because of the inherent
uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results
and such variations may be material. As such, Walker makes no warranty or representation, express or implied, as
to the accuracy of the estimates or projections.
Indemnification
Walker agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers,
directors, and employees (collectively, Client) against all damages or liabilities, to the extent caused by Walker’s
negligent performance of professional services under this Agreement and that of its subconsultants or anyone for
whom Walker is legally liable.
The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Walker, its officers,
directors, employees, and subconsultants (collectively Walker) against all damages or liabilities, to the extent
caused by the Client’s negligent acts, errors, or omissions in connection with the Project as well as the acts,
errors, or omissions of its contractors, subcontractors, or consultants or anyone for whom the Client is legally
liable.
Neither the Client nor Walker shall be obligated to indemnify the other party in any manner whatsoever for the
other party’s own negligence or for the negligence of others.
Ownership of Documents
Walker shall retain ownership of all reports, drawings, plans, specifications, electronic files, field data, notes,
calculations, and other documents and instruments prepared by Walker as instruments of service. Walker shall
retain all common law, statutory, and other reserved rights, including, without limitation, all copyrights thereto.
Any use for modifications or extensions of this work, for new projects, or for completion of this project by others
without Walker’s written consent will be at the Client’s sole risk.
Consequential Damages
The Client and Walker waive consequential damages for claims, disputes, or other matters in question, arising out
of or relating to this Agreement.
Dispute Resolution
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Bridger Park Downtown Garage
Parking Structure Expansion
City of Bozeman
September 19, 2023
6
This Agreement shall be governed by the laws of the Commonwealth, District, or State of the office performing
Walker’s services. In addition to, and as a condition precedent to litigation, the Client and Walker shall endeavor
to resolve claims, disputes, and other matters in question between them by mediation, which, unless the parties
mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its
Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall
be made in writing, delivered to the other party to this Agreement, and filed with the person or entity
administering the mediation.
The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the locality of
the Walker office performing services under this Agreement.
Non-Solicitation Clause
The Client agrees that it will not directly or indirectly solicit for employment any Walker employee providing
services on behalf of Client for a period of two years after the date of this agreement. Client agrees that a breach
of this provision would have material and adverse impacts on Walker’s business and Client therefore agrees to
pay Walker an amount equal to two times the annual salary of any employee of Walker who accepts a position
with Client within such two-year period, in addition to all other rights and remedies available to Walker.
Proprietary Information
The information contained in this proposal is confidential, privileged, and only for the Client and may not be
shared, published, or redistributed without prior written permission from Walker Consultants.
59
Bridger Park Downtown Garage
Parking Structure Expansion
City of Bozeman
September 19, 2023
7
Standard Billing Rates for Basic Services
Senior Vice President .................................................................................................................................... $320
Vice President ................................................................................................................................................ $300
Principal/Director ........................................................................................................................................... $280
Senior Project Manager/Senior Consultant .................................................................................................. $260
Project Manager/Consultant.......................................................................................................................... $225
Senior Engineer/Senior Architect .................................................................................................................. $220
Project Engineer............................................................................................................................................. $205
Engineer/Architect ......................................................................................................................................... $195
Analyst/Planner/Specialist ............................................................................................................................ $185
Assistant Project Manager/Assistant Consultant ........................................................................................... $190
Designer ......................................................................................................................................................... $190
Senior Technician ........................................................................................................................................... $170
Technician ...................................................................................................................................................... $155
Senior Administrative Assistant/Business Manager ....................................................................................... $130
Administrative Assistant ................................................................................................................................ $110
Subject to annual adjustment on January 1 each year.
60
Memorandum
REPORT TO:City Commission
FROM:Anna Bentley, Community Development Director
SUBJECT:Resolution 5534 Establishing a Planning Commission as Required by the
Montana Land Use Planning Act to Have Responsibility as the City's
Designated Advisory Board for Land Use Planning and Implementing
Subdivision and Zoning Regulations
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5534.
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:Bozeman has done formal public land use planning since 1958 and zoning
since 1934. The City of Bozeman adopts its local land development
regulations within a legal framework established by the State of Montana.
For many years, the state's laws treated planning, subdivision review, and
zoning development separately. Those laws required a community to have
advisory boards called the planning board and zoning commission as part of
the regulatory system. In 2021, the City Commission, as part of a larger effort
to improve effectiveness and usefulness of municipal advisory boards,
established a Community Development Board (CDB) by Resolution 5330
[External Link PDF]. The CDB is a single nine person advisory board assigned
the responsibilities required by state law of both the planning board and
zoning commission and other specified duties.
The 2023 Montana Legislature adopted a new legal framework for land use
planning and regulation that applies to Bozeman and completely replaces
the laws that governed earlier regulations. Bozeman must update and
replace its regulations to comply with the new Montana Land Use Planning
Act (MLUPA). The City Commission received an overview of the MLUPA at
their July 25, 2023 meeting [External Link video], agenda item I.1. Section 4
of the MLUPA requires a local government to create a Planning Commission.
The Planning Commission is assigned certain responsibilities and replaces the
functions of the previous planning board and zoning commission. The
MLUPA allows for creation of an entirely new body or for the City
61
Commission to appoint an existing body to this role.
Land use planning and the regulations that implement the plans are
complex; involving many community documents, values and priorities, legal
requirements and principles, and operational processes. A continuity of
knowledge and consistency of operations and membership helps to provide
stable and consistent service to the community. MLUPA, Section 4
authorizes designation of an existing entity such as the Community
Development Board formed under Resolution 5330 with duties as a planning
board and zoning commission to be the planning commission required by
MLUPA. This provides well established understanding and experience to help
our community address very rapid growth.
This Resolution does not modify any adopted regulation, map, or procedure.
This is a necessary administrative action to designate a required advisory
board to perform certain duties required by state law. It is a procedural step
for the City to begin implementing the requirements of the Montana Land
Use Planning Act.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Creation of Planning Commission Resolution 5534.pdf
Report compiled on: September 21, 2023
62
Version February 2023
RESOLUTION 5534
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO
ESTABLISH A PLANNING COMMISSION AS REQUIRED BY THE MONTANA LAND USE PLANNING
ACT (SB 382).
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to
create boards, commissions, or committees as determined necessary; and
WHEREAS, the City Commission previously determined the creation of a Community
Development Board as a single board to address multiple areas of responsibility was necessary
to further the stated priority of Community Engagement as established in Strategic Plan Section
1.2 and to further other goals and objectives of the City; and
WHEREAS, The City Commission adopted Resolution 5330 on August 10, 2021, to create the
Community Development Board and establish membership, responsibilities, and other
necessary requirements; and
WHEREAS, The assigned duties included those of the Planning Board and Zoning Commission as
required in state law; and
WHEREAS, The 2023 Montana Legislature passed Senate Bill 382, the Montana Land Use
Planning Act, changing the legal framework for land use planning and regulations for Bozeman;
and
WHEREAS, Senate Bill 382, the Montana Land Use Planning Act, requires a local government to
establish by resolution or ordinance a planning commission to provide advisory services to the
governing body on the development of a land use plan and implementing regulations; and
WHEREAS, Senate Bill 382, the Montana Land Use Planning Act, allows for an existing body to
be designated and serve as the planning commission so long as it meets the required criteria;
and
WHEREAS, The City Commission finds that it provides for continuity of knowledge and
consistency of operations and membership to designate the Community Development Board
63
Version February 2023
formed under Resolution 5330 with duties as a planning board and zoning commission to be
the planning commission required by Senate Bill 382, the Montana Land Use Planning Act;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
1. That the Community Development Board created by Resolution 5330 be designated
as the Planning Commission required by the Montana Land Use Planning Act with
duties as required in the Act.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ___________________, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
64
Memorandum
REPORT TO:City Commission
FROM:Elizabeth Cramblet, Associate Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2150, Provisional Adoption Establishing Initial Zoning Designation
of R-4 on 20.515 Acres, the 4840 Fowler Lane Annexation Zone Map
Amendment, Application 22383
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Provisionally adopt Ordinance 2150
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owner seek to annex one parcel totaling
approximately 20.515 acres into the City limits and establish initial zoning of
R-4, Residential High Density district. The property is currently zoned
"Agriculture Suburban" (AS) within the county. The same AS County zoning is
also to the north, south and west. Nearby municipal zoning to the east and
southeast is R-4, Residential High Density, R-5, Residential Mixed Use High
Density, and R-3, Residential Medium Density district. The Future Land Use
Map in the Bozeman Community Plan (BCP) 2020 designates the property as
"Urban Neighborhood" which includes R-4 district as an implementing
zoning district. The property is bordered by Fowler Lane to the west and
Stucky Road to the north. There is an existing residential structure on the
property.
The Commission held a public hearing on the request on April 25, 2023
[External link] and acted to approve the application. The applicant finalized
all required terms of annexation including easements and signed the
annexation agreement. The associated annexation Resolution 5533
accompanies this Ordinance on the agenda.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
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FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
Ordinance 2150 4840 Fowler Ln Annexation ZMA.pdf
4840 FOWLER ZMA MAP.pdf
Report compiled on: September 20, 2023
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Ord 2150
Page 1 of 5
ORDINANCE 2150
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN
INITIAL MUNICIPAL ZONING ON 20.515 ACRES AS R-4 (RESIDENTIAL HIGH-
DENSITY DISTRICT), THE 4840 FOWLER LANE ANNEXATION ZONE MAP
AMENDMENT, APPLICATION 22383
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Community Development Board has been created by
Resolution 5330; and
WHEREAS, the City of Bozeman Community Development Board has been assigned
the duties of the Zoning Commission required by Section 76-2-307 MCA; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, after conducting the required public hearing on April 3, 2023, the Bozeman
Community Development Board in their capacity as the Zoning Commission recommended to the
Bozeman City Commission that application No. 22383, the 4840 Fowler Lane Zone Annexation
Map Amendment, be approved as requested by the applicant; and
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Ordinance No. 2150, 4840 Fowler Lane Annexation Zone Map Amendment
Page 2 of 5
WHEREAS, after proper notice, the City Commission held its public hearing on April 25,
2023, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
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Ordinance No. 2150, 4840 Fowler Lane Annexation Zone Map Amendment
Page 3 of 5
requested R-4 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
22383 the 4840 Fowler Lane Annexation Zone Map Amendment have been satisfied and
no spot zoning occurs.
Section 2
That the zoning district designation of the following-described property is hereby established as
R-4 (Residential High Density District):
Legal Description
A tract of land being Tract 2 of Certificate of Survey No. 1996, located in the Northwest
One-Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County,
Montana, more particularly described as follows:
BEGINNING at a calculated position on the Section line between Sections 22 & 23 being
the Southwest corner of said Tract 2 from which an illegible aluminum cap, the ¼ corner
common to Sections 22 & 23 bears South 00˚ 09’ 50” East a distance of 1329.70 feet;
Thence North 00˚ 09’ 50” West along said Section Line a distance of 664.85 feet to a
calculated position; thence leaving said Section Line North 89˚ 17’ 16” East a distance of
1341.25 feet to a 5/8”x24” rebar with 2” Alpine Aluminum Cap; thence South 00˚ 00’ 24”
West a distance of 668.78 feet to a 5/8”x24” rebar with 2” Alpine Aluminum Cap;
Thence South 89˚ 27’ 18” West a distance of 1339.22 feet to the Point of Beginning,
Containing 20.515 acres more or less.
SUBJECT to all easements of record or apparent from visual inspection of the property.
As depicted on the 4840 Fowler Lane Annexation Map.
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Ordinance No. 2150, 4840 Fowler Lane Annexation Zone Map Amendment
Page 4 of 5
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 2150, 4840 Fowler Lane Annexation Zone Map Amendment
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of October 2023.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 17th day of
October 2023. The effective date of this ordinance is __________, __, 2023.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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June23rd72
Memorandum
REPORT TO:City Commission
FROM:Cynthia L. Andrus, Mayor
SUBJECT:Proclaiming Indigenous Peoples' Day
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Proclaim Indigenous Peoples' Day
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:See Attached
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
Indigenous Peoples Day.docx
Report compiled on: September 28, 2022
73
Proclamation to Recognize and Celebrate Indigenous Peoples’ Day
on the Second Monday of Each October
WHEREAS, the State of Montana recognizes through its highest law, the State Constitution,
Article X § 1(2), the distinct and unique cultural heritage of the American Indians and is
committed in its educational goals to the preservation of their cultural integrity; and
WHEREAS, the City of Bozeman, as a self-governing municipal government operating
pursuant to its Charter and the laws of the State of Montana, embraces its responsibility to
promote equality and the historic integrity of American Indians, especially the thirteen (13)
Tribes of the State that together constitute the largest minority group resident in the State of
Montana; and
WHEREAS, the City recognizes that Indigenous Peoples are the original inhabitants from time
immemorial of the lands that now constitute the City of Bozeman; and
WHEREAS, the City of Bozeman recognizes the fact that Bozeman is built upon homelands
villages and traditional use areas of the Bitterroot Salish, Pend O’Reille, Kootenai, Blackfeet,
Northern Cheyenne, Crow, Chippewa Cree, Assiniboine, Gros Ventre, Dakota, and other
Indigenous nations of this region;and
WHEREAS, the City recognizes the important contributions of Indigenous Peoples, the region’s
rich American Indian history,and contemporary cultural influences that contribute to our
beautifully diverse community; and
WHEREAS, the City opposes any and all systemic forms of racism toward humanity, expressly
Indigenous Peoples who have been subjugated by policies aimed at assimilating and, at times,
eradicating their cultural existence; and
WHEREAS, the celebration of Columbus Day is an affront to all Indigenous Peoples in the Americas;
and
WHEREAS, Indigenous Peoples’ Day is a day that recognizes and commemorates the contributions of
74
Native people; and
WHEREAS, the City recognizes and celebrates the cultural survival and resilience of the Indigenous
Peoples in the face of genocide; and
WHEREAS,On June 28, 2022, the Bozeman City Commission unanimously passed ordinance 2109,
replacing Columbus Day with Indigenous Peoples’ Day and designates the second Monday in October as
the Indigenous Peoples’ Day holiday in Bozeman.
NOW THEREFORE, AS THE MAYOR OF BOZEMAN, I PROCLAIM THAT the City of
Bozeman, Montana, supports the contributions of American Indians to our community, economy, and
rich culture by observing and celebrating Indigenous Peoples’ Day;
AND I FURTHER PROCLAIM AND DECLARE that the second Monday of October of each
year shall be Indigenous Peoples’ Day in the City of Bozeman, Montana.
Signed and Proclaimed this ,3rd day of October 2023.
_________________________________
Cynthia L. Andrus
Mayor
Bozeman, Montana
75
Memorandum
REPORT TO:City Commission
FROM:Jim Veltkamp, Chief of Police
SUBJECT:Police Department Body Camera Program Special Presentation
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Police Department Body Camera Program Special Presentation
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The Bozeman Police Department currently uses body worn cameras for all
sworn officers and select civilian staff. This system works in conjunction with
the patrol car video system and the interview room system at the Bozeman
Public Safety Center.
Body worn cameras are provided to assist department personnel in the
performance of their duties, enhance officer safety, provide recordings that
may aid in the investigation and recollection of an incident for related
prosecutions or civil actions, and enhance public trust by preserving factual
representations of officer-citizen interactions.
This presentation is intended to provide a summary of the first year of the
program, which was prioritized in 2020, funded and formulated in 2021, and
implemented in the fall of 2022.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:None.
Report compiled on: September 14, 2023
76
Memorandum
REPORT TO:City Commission
FROM:Elizabeth Cramblet, Associate Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Continue Application 23127 Requesting Annexation of Approximately 40.12
Acres and Adjacent Right of Way for Hidden Valley Road and Amendment to
the City Zoning Map for the Establishment of a Zoning Designation of R-5
(Residential Mixed-Use High Density) District to the January 23, 2024 City
Commission Hearing
MEETING DATE:October 3, 2023
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Approve Request to Continue Application 23127 to the January 23, 2024 City
Commission Hearing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The proposed application includes annexing two parcels totaling
approximately 40.12 acres into the City limits plus adjacent right-of-way and
establish initial zoning of R-5, Residential Mixed Use High Density district.
The property is currently zoned "Agriculture Suburban" (AS) within the
county. Zoning north, south and west of the site is within the county. South
of the site is zoned Agriculture Suburban (AS), west of the site is unzoned,
and north is zoned Residential Manufactured Home (R-MH).
On the eastern side of the project site, a parcel received approval to annex
by the City Commission with an initial zone district request of Residential
Emphasis Mixed Use (REMU). This project, known as Project Eighty-6, has
been approved but has not completed the process to finalize the
annexation. The applicant is requesting the City Commission continue
Application 23127 (Harper's Corner) to allow Project Eighty-6 to complete
and finalize the annexation and zoning request.
The Community Development Board acting in their capacity as the Zoning
Commission held a public hearing on September 11, 2023 and voted 5-1 to
recommend denial of the requested R-5 zoning to the City Commission.
77
Several members suggested a lower density district would be more
appropriate at this location, while one member suggested REMU as an
appropriate district.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this request to continue the Annexation and Zone Map
Amendment application. Future development will incur costs and generate
review according to standard City practices.
Attachments:
Request to Continue CC hearing to Jan. '24 - Harpers
Corner.pdf
Report compiled on: September 21, 2023
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