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Home My WebLink About10-03-23 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 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. 1 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 2 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. 3 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 4 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: 5 09-19-23 City Commission Meeting Minutes.pdf Report compiled on: September 6, 2023 6 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. 7 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 8 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 9 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 10 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. 11 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. 12 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. 13 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: 14 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 15 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 16 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 17 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 18 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 19 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 22 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. DocuSign Envelope ID: 639CEE31-2B6C-4CA0-80AA-D2F4798580B2 25 Professional Services Agreement for Architectural Services Page 2 of 8 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] DocuSign Envelope ID: 639CEE31-2B6C-4CA0-80AA-D2F4798580B2 26 Professional Services Agreement for Architectural Services Page 3 of 8 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 DocuSign Envelope ID: 639CEE31-2B6C-4CA0-80AA-D2F4798580B2 27 Professional Services Agreement for Architectural Services Page 4 of 8 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. DocuSign Envelope ID: 639CEE31-2B6C-4CA0-80AA-D2F4798580B2 28 Professional Services Agreement for Architectural Services Page 5 of 8 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. DocuSign Envelope ID: 639CEE31-2B6C-4CA0-80AA-D2F4798580B2 29 Professional Services Agreement for Architectural Services Page 6 of 8 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. DocuSign Envelope ID: 639CEE31-2B6C-4CA0-80AA-D2F4798580B2 30 Professional Services Agreement for Architectural Services Page 7 of 8 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 **** DocuSign Envelope ID: 639CEE31-2B6C-4CA0-80AA-D2F4798580B2 31 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 DocuSign Envelope ID: 639CEE31-2B6C-4CA0-80AA-D2F4798580B2 President Ken VanDeWalle Ken VanDeWalle Assistant City AttorneyBy: 32 DocuSign Envelope ID: 639CEE31-2B6C-4CA0-80AA-D2F4798580B2 33 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 34 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 Page 1 of 12 35 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. 36 Amendment 1 to License Agreement with Sime Construction at Bozeman Sports Park 2023 Page 3 of 12 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. 37 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. Amendment 1 to License Agreement with Sime Construction at Bozeman Sports Park 2023 Page 4 of 12 38 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, Amendment 1 to License Agreement with Sime Construction at Bozeman Sports Park 2023 Page 5 of 12 39 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. Amendment 1 to License Agreement with Sime Construction at Bozeman Sports Park 2023 Page 6 of 12 40 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 44 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. 54 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. 57 Bridger Park Downtown Garage Parking Structure Expansion City of Bozeman 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 58 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. 65 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 66 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 67 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 68 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. 69 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. 70 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 71 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 78 79